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HomeMy WebLinkAboutRES 01-261 RESOLUTION NO. 01-261 WHEREAS, the City Council of the City of Beaumont deems it necessary that improvements to FM 364/Major Drive from State Highway 105 to State Highway 124 be made; and, WHEREAS, the City Council has found that a public necessity exists requiring improvements on the hereinafter described property: Parcel 16 0.300 acre out of Tract 8, H. T. & B. RR. Appraiser: Bishop Real Estate Appraisers, Inc. Total Appraised Value: $4,125 Owner: Mary Jane Phelan and, WHEREAS, the City Council deems it necessary to acquire the hereinafter described interests in and to the hereinafter described property for improvements to FM 364/Major Drive from State Highway 105 to State Highway 124, and has found and determined that said interests in and to the hereinafter described land is suited for such purposes and that it is necessary to acquire same for said purposes; and, WHEREAS, the City of Beaumont, through its duly authorized representative, has negotiated in good faith with the owner of the hereinafter described land and has been unable to agree with such owner of such property as to the fair market value thereof and damages, if any, and further negotiations for settlement have become futile and impossible; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized and directed to file or cause to be filed against the owner of the following parcel of land, and all claimants of any interest therein, proceedings in Eminent Domain to acquire fee simple title for said purposes, in and to the said parcel of land shown in Exhibit "A" attached hereto and made a part hereof, the parcels of land being situated in Beaumont, Jefferson County, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of November, 2001. - Mayor - PARCEL NO. 16 0.300 Acre F.M. Highway 364 Being 0.300 acre of land, more or less, out of and apart of the H.T. &B.R.R Survey, Section No. 1, Abstract Number 138 in Jefferson County, Texas and being out of and a 1.09 acre tract which is the remainder of the 24.54 acre tract of land conveyed to-Mary Jane Phelan by deed of record in Volume 2063, Page 379 of the Deed Records of Jefferson County, Texas, said 0.300 acre of land being more particularly described as follows: BEGINNING at a iron rod with cap set for corner in the north line of said 24.54 acre tract in the proposed west right of way line for F.M. Highway 364 and being located North 87° 1 P51" East a distance of 419.46 feet from a 5/8" iron rod found for the most northerly northeast corner of the 22.77 acre tract out of said 24.54 acre tract described in the deed recorded in Film File Code Number 100-26-2437 of the Real Property Records of Jefferson County, Texas; - THENCE North 870 11' 51" East with the north line of said 24.54 acre tract a distance of 40.57 feet to a 5/8" iron rod found for the northeast corner of said tract and being in the existing west right of way line for F.M. Highway 364; THENCE South 020 52' 56" East with the east line of said tract and said existing west right of way line a distance of 341.12 feet to a 5/8" iron rod found for the most Southerly northeast corner of said 22.77 acre tract; THENCE North 560 16' 21" West with the north line of said 22.77 acre tract a distance of 49.13 feet to a iron rod with cap set for corner in the proposed west right of way line for F.M. Highway 364, the same being the Southeast corner of that certain 0.679 acre tract as conveyed by Mary Jane Phelan to Patrick Henry Phelan, Trustee and Michael Arthur Phelan, Trustee, in deed dated November 17, 1998, recorded in Clerk's file number 98- 9844571, Official Public Records of Real Property, Jefferson County, Texas; THENCE North 030 05' 22" West with said proposed west right of way line at a distance of 81.20 feet pass the Northeast corner of said 0.679 acre tract and continuing for a ;,f 311.88 feet to the place 1 Said tract c land erein desCriMdc ta ins 0.300 o an ore or less. WHITELEY Mark W. Whiteley < 9 3636 A,Q R.P.L.S. No. 3636 9,f,��ESS1:�y� SuVO This field note description revised on as to adjoinder. Fi survey not performed and acreage shown per James A. Skinner, RPLS # 1614. REV dat 2-04-2000 EXHIBIT "A" MARK W. WHITELEY AND ASSOCIATES, INC.