2017-0395
INTRODUCED BY: LARRY COCHRAN, PARISH PRESIDENT
ORDINANCE NO. _____________
Title
An ordinance to approve and authorize the Parish President to execute a Quitclaim Deed in favor of Chevron U.S.A. Inc. covering property identified as S/2 of Lots 823, 824, 825 and 826, Lots 833 to 840 inclusive, and the S/2 of Lots 841, 842 and 843, all in Section 26, Township 14 South, Range 20 East, St. Charles Parish, Louisiana, and that portion of Lot 854 lying in Sec. 35, Township 14 South, Range 20 East, St. Charles Parish, Louisiana, as shown on map of the Sunset Drainage District, formerly the St. Charles Municipal Drainage District, prepared by James S. Webb and John A. Kruse, Civil Engineers, dated December 1, 1925 (hereinafter referred to as the “Subject Property”), a copy of said map being on file in the office of the Clerk of Court of St. Charles Parish, Louisiana which property is more particularly described in the Quitclaim Deed attached hereto and made a part hereof, from St. Charles Parish, agreed to and accepted by Chevron U.S.A. Inc. (“Chevron”).
Body
WHEREAS, Chevron’s ownership in the Subject Property dates back to 1951. Chevron’s corporate predecessor, The Texas Company, purchased over 8000 acres of property, including the Subject Property, by acquisition dated October 2, 1951 from Hibernia Bank & Trust Company, in Liquidation and Sunset Realty & Planting Company, Inc., the then holders of record title to the Subject Property. Since this acquisition, Chevron’s corporate predecessors and Chevron have maintained continuous, open, uninterrupted, peaceable, public, and unequivocal possession of the Subject Property, and have timely paid all taxes due on the Subject Property; and,
WHEREAS, while Chevron and its predecessors have held title to the Subject Property since 1951, another chain of title for the Subject Property exists. This second chain of title began thirteen years after the 1951 transfer from Hibernia, et al to the Texas Co., Chevron’s predecessor in title, by an instrument dated November 2, 1964, wherein Hibernia purported to transfer an interest in certain tracts of land, including the Subject Property, to Leonard J. Autin; and,
WHEREAS, Hibernia held no interest in the Subject Property at the time of the 1964 transfer to Leonard J. Autin, and any subsequent transfer, of which there were several ending in the Estate of Roy T. Boteler, by Autin or Autin’s successors relying on the 1964 transfer of title would be ineffective in defeating Chevron’s superior title; and,
WHEREAS, St. Charles Parish Clerk of Court and Assessor records show that the Subject Property was subject to a dual tax assessment to both Chevron’s predecessors and the Estate of Roy T. Boteler up until 1990. Based on apparent unpaid taxes by the Estate of Roy T. Boteler, the Subject Property was adjudicated to St. Charles Parish on June 2, 1990. However, as Chevron and its predecessors have continuously paid the taxes on the Subject Property, any potential ownership claim by the Parish based on the 1990 adjudication would be inferior to Chevron’s title; and,
WHEREAS, it is in the best interest of the Parish to execute the Quitclaim Deed, to remove any cloud on the title to the Subject Property.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That the Parish President is hereby authorized to execute the attached Quitclaim Deed to be agreed to and accepted by Chevron covering the Subject Property being more particularly described above and in the Quitclaim Deed attached hereto and made a part hereof.
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted the ________ day of ______________, 2017, to become effective five (5) days after publication in the Official Journal.
CHAIRMAN:_________________________________________
SECRETARY:________________________________________
DLVD/PARISH PRESIDENT:____________________________
APPROVED:______________ DISAPPROVED:_____________
PARISH PRESIDENT:_________________________________
RETD/SECRETARY:__________________________________
AT:_______________ RECD BY: ________________________