HomeMy WebLinkAboutRES 90-229 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 are hereby, approved:
Parcel 164A: 0.943 acre of land out of the Hezekiah
Williams Survey, Abstract No. 56 (partial
taking) on the east side of Major Drive
north of Dishman Road.
Owner: Beaumont West, Inc. , Trustee
Appraised Value: $9,430. 00
Parcel 166: 0.937 acre of land out of the Hezekiah
Williams Survey Abstract No. 56 (partial
taking) , located on the east side of Major
Drive north of Dishman Road.
Owner: Beaumont West, Inc. , Trustee
Appraised Value: $9, 370. 00
PASSED BY THE CITY COUNCIL of the City of
Beaumont this the � day of , 1990.
ayor -
it
INTER-OFFICE MEMORANDUM
CITY OF BEAUMONT
DATE: November 16, 1990
TO: Tu Chiappetta, City Clerk
FROM: Gladys G. Allen, Real Property Manager
SUBJECT: Transmission of Deeds
COMMENTS:
Attached are the following copies of instruments for your files:
MAJOR DRIVE/FM 364
Parcel 164A: Beaumont West, Inc. , Trustee
to the State of Texas
0.943 acre out of the Hezekiah
Williams Survey, Abstract No. 56
Parcel 166: Beaumont West, Inc. , Trustee
to the State of Texas
0. 937 acre out of the Hezekiah
Williams Survey, Abstract No. 56
State Department of Highways
n 9 Parcel 164 A 7'oJ
and Public Transportation
Form D-15-14,
Page 1 of 4 Rev.3-86 6574-VB
DEED w
THE STATE OF TEXAS X
X
COUNTY OF 7RFFFRSnN X KNOW ALL MEN BY THESE PRESENTS: rV
C3
to
That, BEAUMONT WEST, INC. , TRUSTEE cn
of the County of Jefferson , State of Texas, hereinafter referred to as Grantors, whether
one or more, for and inconsideration of the sum of NINE THOUSAND POTTR HTTNT)DF.j) Tr4TRTy
AND N01100 — — — — — — - — _ _ _ _ Dollars($9. 430. 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"
This conveyance is subject to easements and pipelines of record effecting the title to the
herein above described property.
Stab :)e:,artment of Highways
^,ad dubl c Transportation Q 3!� O
Form D-15-14
Page 3 of 4 Rev.3-86
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
Grantors covenant and agree to remove the above-described improvements from said land by
N,LA , 19 , subject, however, to such extensions of time as may be 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 tc claim the same or any part thereof.
IN WITNESS WHEREOF, this instrument is executed on this the 23rd. day of
October 19 90
BEAUMON INC. TEE
Sam 0. Smith
ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF
BEFORE ME, ,on this day
personally appeared
known to me(or proved to me on the oath of ,a credible witness,)td be the person(s)whose name(s)is(are)subscribed to
the foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of , A.D. 19
Notary Public,State of Taal
My Commission expires on the day of 19
i
State Department of Highways -
and Public Transportation
Form D-15-14 03 39 2 098
Page 4 of 4 Rev.346
CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFOREME, Vivian Bagwell
COUNTYOF JEFFERSON on this day personally appeared Sam 0• Smith
Trustee
of _ Beaumont We,-,t, Tnc. , TruGtPP ,
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.
GIVE N ER MY HAND AND SEAL OF OFFICE, This 23rd. day of October , A.D. 1990_.
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SA
0 Notary Public,State of Texas
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CERTIFICATE OF RECORDING
THE STATE OF TEXAS,
COUNTY OF
III
EXHIBIT "A"
iO3 3 3 9 2099
Parcel 164A U
Being 0.943 acres of land, more or less, out of and a part of a called 152.355
acre tract of land in the Hezekiah Williams Survey, Abstract No. 56 in Jefferson
County, Texas, that was conveyed from G.T. McCormack, et al to Beaumont West,
Inc. Trustee as recorded in Volume,1334 Page 215 of the Deed Records of Jefferson
County, Texas, which 0.943 acres 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 a 1 inch iron pipe for an interior corner of the called 152.355
acre tract, same being the southeast corner of the G.T. McCormack tract as
described in Volume 783 Page 402 of the Deed Records of Jefferson County,
Texas, THENCE South 87°05'06" West with the south line of said McCormack tract
and interior line of said Beaumont West, Inc. tract a distance of 388.63 feet to
a point in the proposed east right-of-way line of FM Highway 364, for the place
of BEGINNING;
THENCE South 87 005'06" West with the south line of said McCormack tract a
distance of 82.16 feet to a 1/2 inch iron rod for corner, being the southwest
corner of said McCormack tract and in the existing right-of-way line of FM
Highway 364;
THENCE South 02°52'02" East with the existing east right-of-way line of FM
Highway 364 and the west line of said Beaumont West, Inc. tract, a distance of
500.48 feet to a 2 inch iron pipe for corner, being the southwest corner of said
Beaumont West, Inc. 152.355 acre tract;
THENCE North 85°13'58" East with the south line of said 152.355 acre tract of
land a distance of 82.47 feet to a point in the proposed east right-of-way line
of FM Highway 364;
THENCE North 02°53'55" West with the proposed east right-of-way line of FM
Highway 364 a distance of 497.81 feet to the point of BEGINNING.
Said tract of land herein described cotnains 0.943 acre of land, more or less.
STATE yr Tlxa;
CouNTY OF JUfIRSON
I hereby Certify chit thl• ins►rume"It was filed on
FILED FOR 'QU."OP") d hdreon by me onJ was duly
the date and Nm+r etn ire
recorded jr, the offlslal Pvbllc Records of Reaf Property
of Jefferson County,Texas, on
'993 oc' 23 P2 _'08
0 CT 2 3 1990
Chit Y RK
JEFFERSON C_U►=T- TEXAS
qtr TS3-2
County Clerk,Jefferson County.
S�a. :.;7partment of Highways
3 g 3 6 Parce 1 No. 16 g
and Public Transportation Q t 1 �y {�
Form U-15-14 6-47.50-VB t 0 3 39 G U E�
Page 1 of 4 Rev.3-86
DEED
THE STATE OF TEXAS X
COUNTY OF TP.FPFRSON X KNOW ALL MEN BY THESE PRESENTS:
That, BEAUMONT WEST, INC., TRUSTEE
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 NINE THOUSAND THREE HUNDRED SEVENTY AND
N01 100 - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - Dollars($ 9,370-00
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"
This conveyance is subject to easements and pipelines of record effecting the title to the
herein above described property.
Stat-DePanment of Highways
and•Oubi a Transportation
Form
of 4 Rev.3-86 1 03 39 L 1.8f
Page 3 of 4
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
Grantors covenant and agree to remove the above-described improvements from said land by
N/A , 19 , subject, however, to such extensions of time as may be 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 WITNESS WHEREOF,this instrument is executed on this the 2 3rd. day of
Ort•nhPr ' 19 90
A M T WEST INC. , TRUSTEE
ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTYOF JEFFERSON
BEFORE ME, Vivian Bagwell ,on this day
personally appeared Sam 0. Smith, Trustee of Beaumont West., Inc. .
known to me(or proved to me on the oath of ,a credible witness,)to be the person(s)whose name(s)is(are)subscribed to
the foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ?;-rd day of sct;eber , A.D. 19 90
t -,*—
+ H
F Public,State of Texas
My Commission exph-es on the day of 19
State Department of Highways
and Public Transportation 103 39 2102
Form D-15-14
Page 4 of 4 Rev.3-86
CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, Vivian Baggwel l
COUNTY OF JEFFERSON on this day personally appeared _Sam 0. Smith
Trustee ,of BEAUMONT WEST, TN TRitSTFF
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 23rd. day of October , A.D. 1990
w ti.
~ 4 Notary Public,State of Texas
;+ ` �t ,_,*.M1�. }6•titri;^� a.d�1.:W; _.'..:. r�
My Commission expires on the day of 19
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CERTIFICATE OF RECORDING
THE STATE OF TEXAS,
COUNTY OF
EXHIBIT "A"
Parcel 166 [ 03 39 2 1 0 3
Being 0.937 acres of land, more or less, out of and a part of a called 152.355
acre tract of land in the Hezekiah Williams Survey, Abstract No. 56 in Jefferson
County, Texas, that was conveyed from G.T. McCormick, et al to Beaumont West ,
Inc. Trustee as recorded in Volume 1834, Page 215 of the Deed Records of
Jefferson County, Texas, which 0.937 acres of land, more or less, being addi-
tional right-of-way for FM Highway 364, and being more fully described by metes
and bounds as follows:
COMMENCING at a concrete monument for the most northerly, northwest corner of
Gladys West Subdivision, Section 1, as recorded in Volume 14, Page 163 of the
Map Records of Jefferson County, Texas, same being in the north line of the
called 152.355 acre tract, THENCE South 85°14'34" West with the north line of
the called 152.355 acre tract a distance of 227.06 feet to a point in the pro-
posed east right-of-way line of FM Highway 364 for the place of BEGINNING;
THENCE South 85°14'34" West with the north line of said 152.355 acre tract a
distance of 83.56 feet to a 2 inch iron pipe for corner, being the northwest
corner of said 152.355 acre tract and in the existing east right-of-way line of
FM Highway 364;
THENCE South 02 054'06" East with the existing east right-of-way line of FM
Highway 364 and west line of the called 152.355 acre tract a distance of 487.99
feet to a 5/8 inch iron rod for corner, being the most westerly northest corner
of said Gladys West Subdivision, being in the north line of Bluebonnet Street of
said Subdivision;
THENCE North 86°34' 10" East with the north line of said Bluebonnet Street a
distance of 83.49 feet to a point in the proposed east right-of-way line of FM
Highway 364;
THENCE North 02°53'55" West with the proposed east right-of-way line of FM
Highway 364 a distance of 489.92 feet to the point of BEGINNING.
Said tract of land herein described contains 0.937 acre of land, more or less.
1TATB GC TkA^j COUNTY Qf Jl""5011111
FILED FOR ^-r R r' I hembY certify that this instrument was tiled on
the date and ti nie etamped hereon by me and was duly
recorded in k.+e WHOM Public Records of Real Property
CCT 23 P2 :t�$ of Jefferson County, Texas, an
., OCT 2 3 1990
COUN i Y�i'i ?K
jEFFERSON UUN f%-.TEXA:
t
County Clerk, Jefferson County,Texas