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HomeMy WebLinkAboutRES 10-045 RESOLUTION NO. 10-045 WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibits "A" and "D," and shown on Exhibits "B," "C" and "E," attached hereto, for the Concord Road Pavement Widening Project: Parcel #55-A 0.09909 acre out of Thomas Spear Survey, Abstract No. 50, Beaumont, Jefferson County, Texas (Concord Road) Value: $137,000.00 Owners: Scott Walker, Cliff Walker, Mark Walker Parcel #59 0.0286 acre out of Thomas Spear Survey, Abstract No. 50, Beaumont, Jefferson County, Texas (6430 Concord Road) Value: $4,600.00 Owners: Scott Walker, Cliff Walker, Mark Walker NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of March, 2010. i C - • 1,,11 1� - Mayor Becky Ames - lot. s 1 March 2009 Parcel 55A Page 1 of 7 EXHIBIT_ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 55A Being a 0.9909 acre (43,165 square feet) of land, situated in the Thomas Spear Survey, Abstract No. 50, out of and part of that certain called 2.110 acre tract having been conveyed to Scott Walker, an undivided 44.445% interest, unto Mark Douglas Walker, an undivided 44.445% interest, unto Mark Walker, an undivided 11.111% interest, unto D. Cliff Walker, an undivided 11.111% interest and unto Dennis Swearingen, an undivided 33.333% interest from John Dollinger, Jr., Inc., by deed dated May 30, 1997, and being recorded under Clerk's File 9716059 of the Real Property records of Jefferson County, Texas, and also being out of and part of that certain called 0.792 acre tract of land having been conveyed to Roger Scott Walker, Mark Douglas Walker, D. Clif Walker and Dennis Swearingen from Mary Alice Bailey Fritscher by deed dated August 13, 1997 and being recorded under Clerk's File No. 9724822 of the Real Property records of Jefferson County, Texas, said 0.9909 (43,165 square feet) acre of land being more particularly described as follows; COMMENCING at a 1 1/2" iron pipe found for the most Easterly corner of that certain called 5.446 acre tract of land having been conveyed to David Clifton Walker, Mark Douglas Walker, and Roger Scott Walker from Madeline Linn Walker by deed dated December 8, 1995 and being recorded under Clerk's File No. 9536057 of the Real Property records of Jefferson County, Texas, SAVE AND EXCEPT that certain called 24,743 square-foot portion thereof heretofore conveyed by Lonnie C. Walker to June Bade by deed dated April 28, 1982, recorded in Volume 2382, Page 55 of the Deed Records of Jefferson County, Texas, the same being that certain called 24,743 square foot tract of land having been conveyed to June Marie Badon, as Trustee of the June Marie Badon Revocable Living Trust by deed dated July 28, 1997 and being recorded under Clerk's File No. 9722295 of the Real Property Records of Jefferson County, Texas, said corner being in the Southwesterly line of the said 2.110 acre Walker et al tract, said corner also being in the centerline of the abandoned T&NO RR right-of-way, said corner also being in the South line of the said Thomas Spear Survey and the North line of the F. Bigner Survey, Abstract No. 1; THENCE, NORTH 43°44'12" WEST along the boundary line between the said 2.110 acre Walker et al tract and the said Walker tract being described in Clerk's File No. 9536057 for a distance of 249.14 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road and the POINT OF BEGINNING of the parcel herein described; EXHIBIT "A" March 2009 Parcel 55A Page 2 of 7 EXHIBIT 1) THENCE, NORTH 43°44'12" WEST, along the boundary line between the said 2.110 acre Walker et al tract and the said Walker tract being described in Clerk's File No. 9536057 and the said 0.792 acre Walker tract, for a distance of 183.11 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way line of Concord Road; 2) THENCE, SOUTH 70°27'54" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 58.14 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 2440.00 feet and being subtended by a chord bearing SOUTH 69 038'08" EAST having a chord length of 70.65 feet; 3) THENCE EASTERLY, along and with said curve, for an arc length of 70.65 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way line of Concord Road, said corner being in the east line of the said 0.792 acre Walker et al tract and being in the West line of the said 2.110 acre Walker et al tract, said corner also being the beginning of a curve turning to the right having a radius of 2440.00 feet and being subtended by a chord bearing SOUTH 67 044'27" EAST having a chord length of 90.71 feet; 4) THENCE, EASTERLY, along and with said curve, for an arc length of 90.71 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way line of Concord Road; 5) THENCE, NORTH 69°29'04" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 25.00 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 120.00 feet and being subtended by a chord bearing NORTH 04°32'53" WEST having a chord length of 79.25 feet; 6) THENCE, NORTHERLY, along and with said curve, for an arc length of 80.77 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the existing Southwest right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 1462.50 feet and being subtended by a chord bearing SOUTH 44°35'39" EAST having a chord length of 392.44 feet; 7) THENCE, SOUTHEASTERLY, along and with said curve, for an arc length of 393.63 feet to a point for corner in the existing Southwest right-of-way line of Concord Road; March 2009 Parcel 55A Page 3 of 7 EXHIBIT_ 8) THENCE, SOUTH 52°18'17" EAST along the existing Southwest right-of-way line of Concord Road for a distance of 62.37 feet to point for corner, said corner being the most Easterly corner of the said 2.110 acre Walker et al tract, also said corner being the most Northerly corner of that certain 0.252 acre tract of land having been conveyed to James M. Canizaro from Hugh R. Clubb by deed dated August 19, 1981 and being recorded under Volume 2332 page 384, Deed Records of Jefferson County, Texas and from said corner a found 5/8" iron rod bears North 33 044'32" East a distance of 0.92 feet; 9) THENCE, SOUTH 31'54'09" WEST, along the boundary line between the said 2.110 acre Walker et al tract and the said 0.252 acre Canizaro tract for a distance of 38.82 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 2360.00 feet and being subtended by a chord bearing NORTH 59°10'27" WEST having a chord length of 184.35 feet; 10)THENCE, NORTHWESTERLY, along and with said curve, for an arc length of 184.40 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, said corner being in the Southeasterly line of a Texas Department of Transportation Ditch (based on a 100' row), said corner also being the beginning of a curve turning to the left having a radius of 2360.00 feet and being subtended by a chord bearing NORTH 62 037'36" WEST having a chord length of 100.00 feet; 11)THENCE, NORTHWESTERLY, along and with said curve, for an arc length of 100.01 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, said corner being in the Northwesterly line of the said Texas Department of Transportation Ditch, said corner also being the beginning of a curve turning to the left having a radius of 2360.00 feet and being subtended by a chord bearing NORTH 65°52'22" WEST having a chord length of 167.39 feet; 12)THENCE, WESTERLY along and with said curve, for an arc length of 167.42 feet to the POINT OF BEGINNING and containing 0.9909 acre (43,165 square feet) of land. March 2009 Parcel 55A Page 4 of 7 EXHIBIT A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed January 2009 GIVEN UNDER MY HAND AND SEAL THIS THE 11� DAY OF March 2009. Mark W. Whiteley, RPLS #3636 LEGEND ■ SET 5/8" I R, WITH CAP STAMPED " M. W. WH I TELEY & ASSOCIATES" TXD❑T CONTROL MONUMENT xx PARCEL NUMBER O FND PROPERTY CORNER AS NOTED ---CALLED 0.792 ACRES POWER POLE /� ROGER SCOTT WALKER MARK DOUGLAS WALKER PROPOSED ROW LINE D. CLIF WALKER DENNIS SWEARINGEN EXISTING ROW LINE AUGUST 13, 1997 CALLED 2.1 10 ACRES f CF. NO. 9724822 SCOTT WALKER PROPERTY LINE OPRJC MARK WALKER f iXST�NG . CLIFF WALKER DENNIS D SURVEY LINE SWEARINGEN 55A CpNCpRp CF.A NO 30,97 6059 COUNTY LINE RpgO OPRJC PROPOSED 55B CONCORD ROAD X 5 PAROB 55A TXDOT CALLED 5.446 ACRES DITCH S&E 24,743 SO. FT. DAVID CLIFTON WALKER MARK DOUGLAS WALKER ROGER SCOTT WALKER DECEMBER 8, 1995 CF. NO. 9536057 P.O.0 PARCEL 554 OPRJC FND. 1 112" L PIPE PARENT TRACT N.T.S. NOTES: EXISTING AND REMAINING AREAS SHOWN ARE APPROXIMATE. ALL BEARINGS SHOWN ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983 (NAD 83), 1993 ADJUSTMENT. ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY A COMBINED ADJUSTMENT FACTOR OF . BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED JANUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. �r"F �• a '1 r EXISTING TAKING REMAINING a+ ACRES ACRES/(S.F.) ACRES PARCEL 55A, 2. 9020 0. 9909/(43, 165) 1. 91 11 MARK W. WHITELEY AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 5 5 A CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT. TEXAS 77726-5492 BEAUMONT, TEXAS 77703 MARCH 2009 409-892-0421 (FAX) 409-892-1346 SCALE 1 — 50 SHEET 5 OF 7 w 208+16.66 w CALLED 0.792 ACRES 127.45RT CD = _ _ = ROGER SCOTT WALKER RAG \RD` Q N 03 °' `n rq MARK DOUGLAS WALKER CALLED 2.110 ACRES CHI' A rq � `t - `n D. CLIF WALKER SCOTT WALKER \O,� Q m r-- N-) Lo DENNIS SWEARINGEN MARK WALKER J r ) o r7 N o D. CLIFF WALKER Y w N AUGUST 13, 1997 c� \ 0 0 0 1 o CF. NO. 9724822 DENNIS SWEARINGEN C OPRJC MAY 30, 1997 4 CF. NO. 9716059 207+80,99 210+15.47 y, OPRJC 57,38RT c° CD qBA 40.00RT 209+57,33 ,----_-208+87,83 Rq/L\CNFD 40,OORT, �_- 40.00RT �` w Qww � w Oq� C2 w w o0 I� � N = m o N �n rn N S70°27'54"E 58.14 1 \� � �_,` 207+98,60 0 To � N Lo w �- � 4 0 0 0 R T w m r � � � L PROPOSED 55 0 m RIG HT OF WAY N� ,- cn = cocood- co 3°44 0cncnzcnz 2�p � 00 12 � �� _ --=—� \, Lij = N7_0°2_W- 198 _ - � M U z PROPOSED BASELINE 55B L P.O.B. PAR. 55A _' + J o N C7 \\ U 0 _ m Q o co r N n 208+50,10 PROPOSED RIGHT OF 7 WAY N43, :1- 00mmCc � 40,001-T 44 �2'w CALLED 5.446 ACRES 2 �g 14 CL CURVE DATA PR g�5p S&E 24,743 SO. FT. PI STA=206+02.52 B PS D D ARK DOUGLL S WALKER L�-17°04'05" z $ST ROGER SCOTT WALKER R2400.0000' w N �' DECEMBER 8 1995 T360.1396' CF. NO. 9536057 L714,9448' u OPRJC m 0 00 m (-o Ch712,3042' Q r,- M co D02'23'1 4" 0 0 _ 0 0 cn o 0 0 �n o o PARCEL PLAT o ° � o It 't o co co FLINE BEARING DISTANCE Q lt "t N "- �q L 1 N69°29'04"E 25.00'j SHOWING w N N N PARCEL 55A w CONCORD ROAD JEFFERSON COUNTY N SCALE 1 " = 50' MARCH 2009 u 0Uuuu SHEET 7 OF 7 March 2009 Parcel 59 Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 59 Being a 0.0286 acre (1 ,245 square feet) of land, situated in the Thomas Spear Survey, Abstract No. 50, out of and part of that certain called 1.5344 acre tract of land having been conveyed to Madeline Linn Walker from Madeline Linn Walker, as Independent Executrix of the estate of Lonnie C. Walker, by deed dated September 21, 1995 and being recorded under Clerk's File No. 9528114 of the Real Property records of Jefferson County, Texas, said 0.0286 (1,245 square feet) acre of land being more particularly described as follows; COMMENCING at the most Northerly corner of the said 1.5344 acre Walker tract, said point also being in the centerline of the abandoned T & NO Railroad 100 foot right-of-way; THENCE, SOUTH 46°10'45" WEST, along the Northwesterly line of the said 1.5344 acre Walker tract for a distance of 50.00 feet to a point for corner, said corner being the East corner of that certain called 0.220 acre tract of land having been conveyed to Tong Thanh Huynh from Xin Thi Nguyen, by deed dated May 7, 2003 and being recorded under Clerk's File No. 2003017568 of the Real Property records of Jefferson County, Texas; THENCE, SOUTH 47°32'45" WEST, continuing along the Northwesterly line of the said 1.5344 acre Walker tract and the Southeasterly line of the said 0.220 acre Huynh tract for a distance of 118.71 feet to a point for corner, said corner being the West corner of the said 1.5344 acre Walker tract and the South corner of the said 0.220 acre Huynh tract, also said corner being in the existing Northeast right-of-way of Concord Road; THENCE, SOUTH 37°06'12" EAST, along the existing Northeast right-of-way of Concord Road for a distance of 110.47 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road and the POINT OF BEGINNING of the parcel herein described, said corner also being the beginning of a curve turning to the left having a radius of 1160.00 feet and being subtended by a chord bearing SOUTH 40 024'39" EAST having a chord length of 67.93 feet; 1) THENCE, SOUTHEASTERLY, along said curve for an arc length of 67.94 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road; Exhibit "D" t March 2009 Parcel 59 Page 2of4 EXHIBIT_ 2) THENCE, SOUTH 50 022'31" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 48.58 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 1154.00 feet and being subtended by a chord bearing SOUTH 46°16'55" EAST having a chord length of 72.74 feet; 3) THENCE, SOUTHEASTERLY, along said curve for an arc length of 72.75 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the existing Northeast right-of-way of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 170.00 feet and being subtended by a chord bearing NORTH 53 022'09" WEST having a chord length of 95.23 feet; 4) THENCE, NORTHWESTERLY, along said curve for an arc length of 96.52 feet to a point for corner in the existing Northeast right-of-way of Concord Road; 5) THENCE, NORTH 37 006'12" WEST, along the existing Northeast right-of-way of Concord Road for a distance of 95.48 feet to the POINT OF BEGINNING and containing 0.0286 acre (1 ,245 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed January 2009 GIVEN UNDER MY HAND AND SEAL THIS THE $ DAY OF March 2009. jai Mark W. Whiteley, RPLS #3636 t LEGEND ■ SET 5/8" I. R. WITH CAP STAMPED "M. W. WHITELEY & ASSOCIATES" TXDOT CONTROL MONUMENT xx PARCEL NUMBER 0 END PROPERTY CORNER AS NOTED POWER POLE PROPOSED ROW LINE EXISTING ROW LINE P.O.0 PARCEL 59 FND. 2° 1. PIPE PROPERTY LINE SURVEY LINE COUNTY LINE - ----- CALLED 0.220 ACRES --- -- TONG THANH HUYNH CALLED 1.5344 ACRES MAY 7 2003 MADELINE LINN WALKER CF. NO. 2603017568 SEPTEMBER 21, 1995 OPRJC CF. NO. 9528114 P.O.B. OPRJC PARCEL 59 0 0 ROP GOkCOR 59 PARENT TRACT N.T.S. BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED JANUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT, EXISTING TAKING REMAINING ACRES ACRES/(S.F.) ACRES PARCEL 59, 1, 5344 0. 0286/(1,245) 1. 5058 MARK W. WHITELEY AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 5 9 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-892-0421 (FAX) 409-892-1346 SCALE 1 " = 50' MARCH 2009 EXHIBIT "E" SHEET 3 OF 4