HomeMy WebLinkAboutRES 90-115 R E S O L U T I O N
WHEREAS, an agreement has been negotiated for the
acquisition of right-of-way for the Major Drive (FM 364) Project;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the purchase of the following parcels of land for the Major
Drive (FM 364) Project be, and the same is hereby, approved:
Parcel 150: 0. 133 acre of land out of the Hezekiah
Williams Survey (partial taking) ,
located approximately 175 feet south of
Collier Road on the east side of Major
Drive.
Owner: Mr. & Mrs. Kenneth S. Fisher
Appraised Value: $16,411. 00
Less Retention Value:
Fencing $50. 00
Security Light
and Yard Lamp 5. 00
Landscaping 1. 00 56. 00
Total Compensation: $16, 355. 00
Parcel 162 : 0.599 acre of land out of the Hezekiah
Williams Survey (partial taking) , located on
the southeast corner of the intersection of
Gladys and Major Drive:
Owner: Westpark Development Company, a joint
venture
Appraised Value: $66,880. 00
Less Retention Value: 0. 00
Total Compensation: $66, 880. 00
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the & day of , 1990.
Mayor -
Pro Tem
State Department aighways ~ t �
aad Public Transportat 3 Parcel No. 150
Form D-15-14
Page 1 of 4
Rev. 7-75 90 1 8 5 5 5
59541 VB
DEED
THE STATE OF TEXAS X
X
COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS:
That Kenneth S. Fisher and wife, Lucille Sheppard Fisher
of the County of Jefferson State of Texas, hereinafter referred
to as Grantors, whether one or more, for and in consideration of the sum of SIXTEEN
THOUSAND THREE HUNDRED FIFTY-FIVE AND N01100. . . . . ($ 16, 355.00 )
Dollars to Grantors in hand paid by the State of Texas, acting by and through the
State Highway and Public Transportation Commission, receipt of which is hereby
acknowledged, and for which no lien is retained, either expressed or implied, have
this day sold, and by these presents do Grant, Bargain, Sell and Convey unto the
State of Texas, all that certain tract or parcel of land in Jefferson
County, Texas, and being more particularly described as follows, to wit:
Being 0 . 133 acre of land, more or less , out of and a part of that
certain 1 . 357 acre tract of land in the Hezekiah Williams Survey,
Abstract No. 56 , in Jefferson County, Texas , that was conveyed to
Kenneth S . Fisher, et ux, Lucille Sheppard, by deed of record in
Volume 853, Page 574 of the Deed Records of Jefferson County, Texas ,
which 0 . 133 acre of land, more or less , being additional right-of-way
for FM Highway 364, and being more fully described by metes and bounds
as follows :
COMMENCING at the northeast corner of the Kenneth S . Fisher, et ux
1. 357 acre tract, THENCE South 87°07 ' 24" West a distance of 265. 94
feet to the point of intersection of the north line of said 1. 357
acre tract and the proposed east right-of-way line of FM Highway 364
for the place of BEGINNING;
THENCE South 87 007 ' 24" West with the north line of said 1. 357 acre
tract a distance of 29 . 06 feet to a 5/8 inch iron rod for corner,
being the northwest corner of said 1. 357 acre tract and the southwest
corner of the Ultima Hardin tract as recorded in Volume 1753, Page
250 of the Deed Records of Jefferson County, Texas , and in the
existing east right-of-way line of FM Highway 364 ;
THENCE South 03 006 ' 02" East with the existing east right-of-way line
of FM Highway 364 and the west line of said 1. 357 acre tract a
distance of 200. 88 feet to a 5/8 inch iron rod for corner, being the
southwest corner of said 1. 357 acre tract and the northwest corner
of the Jack Tinkle tract as recorded in Volume 1909 , Page 332 of the
Deed Records of Jefferson County, Texas ;
Form D-15-14
Page 2of4 103 23 0415
Rev. 4-75
THENCE North 87 107 ' 24" East with the south line of said 1. 357 acre
tract a distance of 28. 50 feet to a point in the proposed east
right-of-way line of FM Highway 364 ;
THENCE North 02 056120" West with the proposed east right-of-way
line of FM Highway 364 a distance of 200 . 88 feet to the place of
BEGINNING.
Said tract of land herein described contains 0 . 133 acre of land,
more or less.
!'or-m D-15-14 �
Page 3 of 4
Rev. 4-75
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining
title to the following improvements located on the above described property, to wit:
fencing, security light, yard lamp and landscaping
Grantors covenant and agree to remove the above described improvements from said land by
_September 20 , 19 90 , subject, however, to such extensions of time
as may be granted by the State in writing; and if, for any reason, Grantors fail or re-
fuse to remove same within said period of time prescribed, then, without any further
consideration, the title to all or any part of such improvements not so removed shall
pass to and vest in the State of Texas forever.
Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed
but waive all rights of ingress and egress to the surface thereof for the purpose of
exploring, developing, mining or drilling for same; however, nothing in this reserva-
tion shall affect the title and rights of the State to take and use all other minerals
and materials thereon, therein and thereunder.
TO HAVE AND TO HOLD the above described premises herein conveyed together with all and
singular the rights and appurtenances thereo in anywise belonging, unto the State of
Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors,
administrators, successors and assigns, to Warrant and Forever Defend all and singular
the said premises herein conveyed unto the State of Texas and its assigns against every
person whomsoever lawfully claiming or to claim the same or any part thereof.
IN WITNESS WHEREOF, this instrument is executed on this the day. of
June 19 90
zcz
K neth S. Fisher Lucille Sheppard rAher
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS
County of ------JEFFERSON_........................
Before me_ -------------------------------------------------__----- a notary public in and for said County and State, on
this day personally appeared _____Kennet -----_.__Fisher and _wife, Lucille Sheppard_________
Fisher___-- ----------------------------- known to me (X�K6Xcb
ftyaMI&XXXXX XXXXXXXXXXXXXXXXX$ X&K%XA**M--to be the person a-__ whose name a_--
are--------subscribed to the foregoing instrument and acknowledged to me that'--the--Y executed the same
for the purposes and consideration therein expressed.
Given under my hand and seal of office, this the ^4�•dayy of_ n e _ 1q90
k Notary Public in and for ____________ __ _-StateQf Texas.
/
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Form D~l5~l�
Page 4 of 4
Rev. lO�6l CO"~"~^^^��T^ON ��C"^�,~,"=E^,=^==NT
STATE OF TEXAS
Countyof ------------------------------------------------------------------------'�
BEFORE ME, the undersigned authority, a notary public in and for------_'--------_'----------------------County,
Toxam, on this day personally appeared---------------------------------------------------------------- '-----------------------------------------,
--------------------------------------- of -----__----___--_-'_-'--'_-'---'--_-- known to me to be the person
and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the auzue
was the act of the said------------------------------------------------------------- a corporation and that bnexecuted the
ouzoo as the act of such corporation for the porpnomo and consideration therein expressed, and in the capacity
therein stated.
Given under cuy hand and seal ofoffice, tbiotbe -------_dmy of------------------------------- ------------------ 1S---_-'
____________---------------------------------_-----------------_--------------__
Notary Public iu and for---------------------------------------------------------------------County, Texas.
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ENDORSEMENTS
THE S T A T E OF TEXAS ,
County of ------------------------------------ �
J- ------------------------------------------__-------------------, Clark of the County Court of said County, do hereby
certify that the foregoing bomtrnmmn± of writing, dated the ------------ day of --- ------------------_'A. D. 19----'
with its authentication, was filed for record in my office no the---_-------day of------------------------ A. D. I9___'
at---_-------o'clock ------M., and duly recorded this the-------------------day of-----------_----------------__-,A. D. 19___-
at ------------o'clock --M', in the Deed Records of said County, in Volume --- �------------ no Page'-_-_'--_--.
9yitnooa my hand and the seal of the County Court ofsaid Couoty, at office io ------------------^
Texas, the day and year last above written.
-----------_---
__________________________________________
. ^ ' Clerk of Court,. '__ _______'_�ounty, Texas'
- '
By --____ __'_--__-'--_---_'--__'-__ Deputy.
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FILED FGR RECORD
103 23 047 $
COUNTY CLERK
JEFFERSON COUNTY,TEXAS
STAT: OF TEXAS COUNTY OF JEFFERSON
1 hereby certify that this instrument was filed on
the date and time stamped hereon by me and was duly
recorded in the Official Public Records of Real Property
of Jefferson County,Texas,on
JUN 2 51990
County Cforfr,Jofhrson County;TOMS
046/25170 RCD 99 18555 $ 7.is g
90 1 9 2 0 6 103 23 2464
91%te—t�eparlment of Highways
and Public Transportation
Form D-15-14
Page 1 of 4 Rev.3-86
DEED
THE STATE OF TEXAS
COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS:
That, Westpark Development Company, a joint venture
of the County of Jefferson , State of Texas, hereinafter referred to as Grantors, whether
one or more, for and in consideration of the sum of SIXTY-SIX THOUSAND EIGHT HUNDRED
EIGHTY AND NO/100. . . . . .Dollars($ 66, 880. 00 )
to Grantors in hand paid by the State of Texas, acting by and through the State Highway and Public Transportation
Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or
implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all
that certain tract or parcel of land in Jefferson County, Texas, more particularly described as
follows, to wit:
See EXHIBIT A
r
Parcel--No. 162
EXHIBIT A 1 0 3 23 2 4 6 5
Being 0 . 599 acre of land, more or less, out of and a part of that
certain 17. 414 acre tract of land in the Hezekiah Williams Survey,
Abstract No. 56, in Jefferson County, Texas, that was conveyed to
'v�estpark Development Co. by deed of record in Volume 2085 , Page
237 of the Deed Records of Jefferson County, Texas , which 0 .599 acre
cf land, more or less, being additional right-of-way for FM Highway
364 , and being more fully described by metes and bounds as follows :
Commencing at an iron rod for the northeast corner of a 0 . 341 acre
tract of land conveyed to C & P Equipment Co. , Inc. in deed recorded
in Volume 2403, Page 121 of the Deed Records of Jefferson County ,
Texas , THENCE South 87 007104" West with the north line of said 0 . 341
acre tract a distance of 140. 53 feet to a point for corner in the
proposed east right-of-way line of FM Highway 364 for the place of
BEGINNING;
THENCE North 02046116" West with the proposed east right-of-way line
FM Highway 364 a distance of 734.07 feet to a point for corner in
t::e south right-of-way line of Gladys Avenue, same being the south
line of said 17. 414 acre tract;
THENCE South 87 007157" West with the north line of said 17 . 414 •acre
tract , same being the south right-of-way line of Gladys Avenue .a
distance of 36 . 57 feet to a point for the northwest corner of said
17 . 414 acre tract in the existing east right-of-way line of
FM Highway 364 ;
THENCE South 02 055155" East with the existing east right-of-way line
Of FM Highway 364 and the west line of said 17. 414 acre tract a
Distance of 734.08 feet to an iron rod for corner, same being the
Northwest corner of said 0.341 acre tract;
THENCE North 87 007104" East with the north line of said 0 . 341 acre
tract a distance of 34.51 feet to the place of BEGINNING.
Said tract of land herein described contains 0. 599 acre of land, more
or less .
X03 23 2466
State Department of Highways
and Poblk Tmasportation
Form D-15-14
Page 3 of 4 Rev.346
SAVE and EXCEPT, HOWEVER, it is expressly understood"and agreed that Grantors are retaining title to the
following improvements located on the above-described property, to wit:
NONE z
Grantors covenant and agree to remove the above-described improvements from said land by
19 , subject, however, to such extensions of time as-may granted by the
State in writing; and if, for any reason, Grantors fail or refuse to remove,same within said period of time pre-
scribed, then, without any further consideration, the title to all or any part of such improvements not so removed
shall pass to and vest in the State of Texas forever.
Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress
and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however,
nothing in this reservation shall affect the title and rights of the State to take and use all other minerals and
materials thereon, therein and thereunder.
TO HAVE AND TO HOLD the above-described premises herein conveyed together with all and singular the rights
and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever; and Grantors do
hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend
all and singular the said premises herein conveyed unto the State of'Texas and its assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof.
IN WITN S WHEREOF,this instrument is executed on this the da y of
-�
West ark Development Company
By'
ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTYOF JEFFERSON
This instrument was acknowledged before me on June , 1990
by James P. Ritter; Sr. , managing partner, on behalf of WESTPARIt DEVELOPMENT
COMPANY, a joint venture.
GIVEN UNDER MY HAND AND SEAT,OF OFFICE, This o2�7z�
day of --u-------�- , A.D. 19—Z?
•�,v -
No Public,State of Texas
t
My Commission expires on the day of 19
r
and Yuouc Iransportauon
Form D-15-14
Page d of 0 Rev.546
CORPORATE ACKNOWLEDGMENT 103 23 2 4 6 7
THE STATE OF TEXAS, BEFORE ME,
COUNTY OF on this day personally appeared ,
of
known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was
the act of the said ,a corporation,that he/she was duly autho-
rized to perform the same by appropriate resolution of the board of directors of such corporation and that he/she executed the same as the act of
such corporation for the purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of , A.D. 19
Notary Public,State of Texas �-
My Commission expires on the day of 19
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CERTIFICATE OF RECORDING 67/02/94 RCD 90 19204 1.00
THE STATE OF TEXAS,
STATE OF TEXAS COUNTY OF JEIrfERSON
COUNTY OF 1 hereby certify that this instrument was filed on
the date and time stamped hereon by me and was duty
FILED F O R RECORD recorded in the Official Public Records of Real Property
of Jefferson County,Texas,on
t JUL 21990
JuL t 2 os PN 1990
COUNTY :LEAK Goonly Clerk,Jefferson Cow0yr Two$
JEFFEPISON COUti.TX,TEXAS
PART OF FOREGOING
INSTRUr'4ENT ILLEIG'3LE
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