Loading...
HomeMy WebLinkAboutRES 11-005 RESOLUTION NO.11-005 WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit"A"and shown on Exhibits"B"and "C," attached hereto, for the Concord Road Pavement Widening Project: Parcel #60: 0.2505 acre out of Thomas Spear Survey Abstract No. 50 (6640 Eastex Freeway) Value: $96,000.00 Owner: 6640 Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, 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 11th day of January, 2011. Ar low- W i ��j �ow - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NO.OR DRIVER'S LICENSE NO. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, 6640 INC.,of the County of Jefferson,State of Texas,hereinafter called GRANTOR for and in consideration of the sum of NINETY-SIX THOUSAND AND NO 1100 ($96,000.00)DOLLARS and other good and valuable consideration,to it in hand paid by the City of Beaumont,a municipal corporation,domiciled in Jefferson County, Texas,hereinafter called GRANTEE, for the conveyance.of the hereinafter described property,the receipt and sufficiency of which is hereby acknowledged and confessed,has GRANTED,' SOLD and CONVEYED,subject to the reservations and exceptions hereinafter made,and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. 0. Box 3827, f Beaumont,Texas 77704, and to its successors and assigns forever the property described in I Exhibit"A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself,.her successors and assigns,forever, all of the oil,gas;and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring,developing,mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants,conditions, easements-and mineral and/or royalty reservations,if any,effecting the Property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging,unto the said GRANTEE and GRANTEE'S successors and assigns,forever;and said GRANTOR binds EXHIBIT "A" herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE.and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property,subject to the provisions stated above,when the claim is by,through, or under GRANTOR but not otherwise. EXECUTED this the day of ,2011. 6640 INC STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on , 2011, by its for 6640 INC.,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 on behalf of said 6640 INC.,that he/she executed the same for the purpose and consideration expressed and in the capacity stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of ,201 L Notary Public, State of Texas RMURNTO: City of Beaumont c/o Antoinette Hardy P.0.Box 3827 Beaumont,TX 77704 I, March 2009 Parcel 60 Page 1 of 6 EXHIBIT County: Jefferson ' Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 60. Being a 0.2505 acre (10,911 square feet) of land, situated in the Thomas Spear Survey, Abstract No. 50, out of and part of that certain called 9.10 acre tract, Identified as TRACT I, and that certain called 0.791 acre tract, identified as TRACT II, having been conveyed to 6640, Inc. from Sheldon Greenberg, by deed dated February 22, 2000 and being recorded under Clerk's File No. 2000006442, of the Real Property records of Jefferson County, Texas, the same being the tracts of land having been conveyed to 6640, Inc. from Brad Klein as recorded in Clerk's File No. 2000006443, of the Real Property records of Jefferson County, Texas, save and except that certain called 0.1125 acre tract, identified as TRACT ONE, as described in a "Special Warranty Deed" from 6640, Inc. to Crown Castle GT Company LLC as recorded in Clerk's File No. 2006048633, of the Real Property records of Jefferson County, Texas, said 0.2505 ti (10,911 square feet) acre of land being more particularly described as follows; COMMENCING at the most Southerly comer of the said 9.10 acre, Tract One, 6640, Inc. tract and the most Westerly corner of that certain called 13.38 acre tract of land having been conveyed to Parkdale Village, L.P. from SGI Beaumont-i Ltd., by deed dated March 4, 2005 and being recorded under Clerk's.File No. 2005008427 of the Real Property records of Jefferson County, Texas; THENCE, NORTH 40°44'24" EAST, along the Northwesterly line of the said 13.38 acre Parkdale Village, L.P. tract and the Southeasterly line of the-.said 9.10 acre, Tract One, 6640, Inc. tract for a distance of 858.12 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Southwest 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 960.00 feet and being subtended by a chord bearing NORTH 51004'15"WEST having a chord length of 101.23 feet; 1) THENCE, NORTHWESTERLY, along said curve for an arc length of 101.28 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 of Concord Road; 2) THENCE, NORTH 54°05'35" WEST, along the proposed Southwest right-of-way of Concord Road for a distance of 193.53 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 of Concord Road, said corner being in-the East line of the-said 0.791 acre Tract Two, 6640, Inc. tract; March 2009 Parcel 60 Page 2of6 EXHIBIT! 3) THENCE, NORTH 54°05'35"WEST, continuing along the proposed Southwest right- of-way of Concord Road for a distance of 148.92 feet to a 518" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer In the proposed Southwest right-of-way of Concord Road, said comer being in the West line of the said 0.791 acre Tract Two, 6640, Inc.tract; 4) THENCE, NORTH 54 005'35"WEST, continuing along the proposed Southwest right- of-way of Concord Road for a distance of 149.74 feet to a 5/8" iron rod with cap 1 stamped City of. Beaumont ROW Monument" set for corner In the proposed Southwest right-of-way of Concord Road; 5) THENCE, NORTH 61 019'16" WEST, along the proposed Southwest right-of-way of Concord Road for a distance of 3.46 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the existing Southwest right-of-way of Concord Road, said corner being in the most Northwesterly line of the said 9.10 acre, Tract One, 6640, Inc.; 6) THENCE, NORTH 85058'45" EAST, along the existing Southwest right-of-way of Concord Road for a distance of 30.89 feet to a point for comer in the existing Southwest right-of-way of Concord Road; 7) THENCE, SOUTH 53°54'31" EAST, along the existing Southwest right-of-way of Concord Road and the Northeast line of the said 9.10 acre, Tract One, 6640, Inc. tract and the said 0.791 acre, Tract Two, 6640, Inc. tract for a distance of 492.70 feet to a point for corner in the existing Southwest (ght-of-way of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 924.93 feet and being subtended by a chord bearing SOUTH 51021'59" EAST having a chord length-of 82.05 feet; 8) THENCE, SOUTHEASTERLY, along said curve for an are length of 82.08 feet to a point for corner in the existing Southwest right-of-way of Concord Road, said comer being the East corner of the said 9.10 acre, Tract One, 6640 Inc. tract and said corner also being the North corner of the said 13.38 acre Parkdale Village, L.P. tract; 9) THENCE, SOUTH 40 044'24" WEST, along the Southeast line of the said 9.10 acre, Tract One, 6640 Inc. tract and along the Northwest line of the said 13.38 acre Parkdale Village, L.P. tract fora distance of 19.31 feet to the POINT OF BEGINNING and containing 0.2505 acre(10,911 square feet) of land. March 2009 Parcel 60 Page 3 of 6 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 comers are truly shown just as found at the time of the survey. Surveyed January 2009 Y GIVEN UNDER MY HAND AND SEAL THIS THEt DAY OF March 2009. . r ?'�� a;N o Mark W. Whiteley, RPLS #3636 9tiG'FFS ,.J��U SUR LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED 'M. W. WHITELEY & ASSOCIATES' t, TXDOT CONTROL MONUMENT xx PARCEL NUMBER CONCORD ROAD p FND PROPERTY CORNER AS NOTED POWER POLE 60 P..0.8. PROPOSED ROW LINE PARCEL 60 EXISTING ROW LINE PROPERTY LINE 0TR T1 NE ACRES CALLED 0.791 ES SURVEY LINE CF. NQ.P2006048633 F�8k 2E, � CALLED 13.38 ACRES COUNTY LINE OPRJC tx OPRJ PXDALE VILIAGE, LP. CF. NO 055008427 CALLED 9..10 ACRES FEBRUARY'21'1000 CF. NO.5Qb06443 I P.O.0 PARCEL 60 FND. 518'L ROD 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. OF ° IT LEY.... • .. ' '•" '° TAKING EXISTING REMAINING `'ate ACRES ACRES S.F. ACRES PARCEL 60, 9. 7785 0.2505/(10,911) 9. 5280 MARK W. WHITELEY AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 60 ® CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASCEX PRYY. BEAUMONT, EMS M20-5482 DUM NT,,� 6X T S rr?03 SCALE MARCH 2009 ° SHEET 4 OF 6 EXHIBIT "B" 'D N N N - i 0 ROAD-CONCORD 00 222+QO j N54'05'35"W 492.19'1 PROPOSED BASELINE i S53'54'31"E 492-70' EXISTING RIG C 224+81.69 i 40.00LT PROPOSED RIGHT OF WAY ❑ Cl N54'0535"W 193.53' FN54�*O5'35"W 148.92' 222+88,16 40.00L T I P.O.B. PAR. 5 w CL CURVE DATA ` 221+82.66 PI STA,=221+41.79 `1 40,OOLT co' 0`16'53'44" w ��R 9�50 °�° T148.5188' �� �`' L294.8821' U B N Ch293,8149' �.. w D05°43'46" rp Z_ b CALLED TRACT ONE RES W v CALLED 0.791 ACRES 6640, INC. TRACT TWO FEBRUARY 22, 2000 CALLED 13.38 ACRES Q 6640, INC. CF. NO. 2000006443 PARKDALE VILLAGE, LP. i m FEBRUARY 22 2000 OPRJC MARCH 4 2005 CF, NO. 2000b06443 CF. NO. 2065008427 OPRJC P.Q.C. PAR. 58 OPRJC FND 5/8" s I. ROD s I PARCEL PLAT ` LlN BEARING DISTANCE SHOWING L3 s40•44'24"W 1s.sr' PARCEL 60 CONCORD ROAD JEFFERSON COUNTY CURVE RADIUS ARC LENGTH CHORD LENGTH I CHORD BEARING DELTA ANGLE C 1 960.00' 101.28' 101.23' 1 N51.04'15"W 06'02'41" SCALE 1" = 50' MARCH_ 2009 E2 924,93' 82.48' 82.05' 1 S5 1'21'59°E 05705'05" SHEET 5 OF 6 i i to 0 ro N N� Q CONCORD ROAD 226+00 ,_PROPOSED BASELINE _ __ _ N54'05'35"W 492.19' U CURVE DATA + 4 9 EXISTING RIGHT OF WAY PI STA=229+59.01 S53'S4'31"E 92.70'—" .A=39°19'30" 40.42LT R500.0000' PROPOSED RIGHT OF W Y U-) T178.6564' L1 N54'05'35"W 149.74' N54'05'35'W 148.92' L343.1746' 227+80.35 w Ch336.4783' 40.00LT 226+30.61 z D11°27'33' 6Q 40-OOLT V) CALLED 9.10 ACRES w TRACT ONE can 6640, INC. CF. 2000606443 CALLED 0.791 ACRES TRACT TWO i OPRJC ,`I 6640, INC. z CFB NO 200000fi 43 -' OPRJC � Q CALLED 0.1125 ACRES �-� TRACT ONE CROWN CASTLE CCLE� GT tx CF.OMAONO6048633 j OG.� OPRJC I <� PARCEL PLAT SHOWING LINE BEARING DISTANCE PARCEL 60 L1 N61'19'16"W 3.46' CONCORD ROAD JEFFERSON COUNTY L2 N85'58'45"E 30.89' 1 SCALE 1" = 50' MARCH 2009 SHEET 6 OF 6 r"' ''ecorded Electronically O C runty e 'So P'l Late Time ° Simpliriie.com p NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE ANA JL , REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, 6640 INC., of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of NINETY-SIX THOUSAND AND NO/100 ($96,000.00) DOLLARS and other good and valuable consideration, to it in hand paid by the City of Beaumont, a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit"A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto itself, its successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property as well as ad valorem taxes for year 2011 and subsequent years. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds itself, its successors to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of 'rT-1 "' V , 2011. 6640 INC, A Texas Corporation By: 4g� J�4�" - Sheldon Greenberg, Presiden STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on 2011, by Sh PA cloil GreftbW1 its R/e.St*6144..4' for 6640 INC., known to me to be the person and officer whose name is subsefibed to the foregoing instrument and acknowledged to me that the same was the act on behalf of said 6640 INC., that he/she executed the same for the purpose and consideration expressed and in the capacity stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,thisdp#day of ,2011. t CLAUDIA D. DESNoTi:I 1 Notary Public,State of ` issicn�ypites .J- My Comrn 26,2012 Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 EXHIBIT"A" Being a 0.2505 acre (10,911 square feet)of land, more or less, situated in the Thomas Spear Survey, Abstract Nb. 50, out of and part of that certain called 9.10 acre tract, identified as TRACT I, and that certain called 0.791 acre tract, identified as TRACT 11, having been conveyed to 6640, Inc. from Sheldon Greenberg, by deed dated February 22, 2000 and being recorded under Clerk's File No. 2000006442, of the Real Property records of Jefferson County,Texas, the same being the tracts of land having been conveyed to 6640, inc. from Brad Klein as recorded in Clerk's File No. 2000006443, of the Real Property records of Jefferson County,Texas, save and except that certain called 0.1125 acre tract, identified as TRACT ONE, as described in a "Special Warranty Deed" from 6640, Inc.to Crown Castle GT Company LLC as recorded in Clerk's File No. 2006048533, of the Real Property records of Jefferson County,Texas, said 0.2505 (10,911 square feet) acre of land being more particularly described as follows; COMMENCING at the most Southerly corner of the said 9.10 acre,Tract One, 6640, Inc. tract and the most Westerly corner of that certain called 13.38 acre tract of land having been conveyed to Parkdale Village, L.P.from SGI Beaumont-I Ltd., by deed dated March 4, 2005 and being recorded under Clerk's File No. 2005008427 of the Real Property records of Jefferson County,Texas; THENCE, NORTH 40°44'24" EAST, along the Northwesterly line of the said 13.38 acre Parkdale Village, L.P.tract and the Southeasterly line of the said 9.10 acre,Tract One, 6640, Inc.tract for a distance of 858.12 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 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 960.00 feet and being subtended by a chord bearing NORTH 51°04'15"WEST having a chord length of 101.23 feet; 1) THENCE, NORTHWESTERLY, along said curve for an arc length of 101.28 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 of Concord Road; 2) THENCE, NORTH 54 005'35"WEST, along the proposed Southwest right-of-way of Concord Road for a distance of 193.53 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 of Concord Road, said corner being in the East line of the said 0.791 acre Tract Two, 6640, Inc. tract; 3) THENCE, NORTH 54°05'35" WEST, continuing along the proposed Southwest right-of-way of Concord Road for a distance of 148.92 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 of Concord Road, said corner being in the West line of the said 0.791 acre Tract Two, 6640, Inc.tract; 4) THENCE, NORTH 54°05'35" WEST, continuing along the proposed Southwest right-of-way of Concord Road for a distance of 149.74 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 of Concord Road; 5) THENCE, NORTH 61°19'16" WEST, along the proposed Southwest right-of-way of Concord Road for a distance of 3.46 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 of Concord Road, said corner being in the most Northwesterly line of the said 9.10 acre,Tract One,6640, Inc.; 6) THENCE, NORTH 85°58'45" EAST, along the existing Southwest right-of-way of Concord Road for a distance of 30.89 feet to a point for corner in the existing Southwest right-of-way of Concord Road; 7) THENCE, SOUTH 53°54'31" EAST, along the existing Southwest right-of-way of Concord Road and the Northeast line of the said 9.10 acre,Tract One, 6640, inc. tract and the said 0.791 acre,Tract Two,6640, inc, tract for a distance of 492.70 feet to a point for corner in the existing Southwest right-of-way of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 924.93 feet and being subtended by a chord bearing SOUTH 51°21'59" EAST having a chord length of 82.05 feet; 8) THENCE, SOUTHEASTERLY, along said curve for an arc length of 82.08 feet to a point for corner in the existing Southwest right-of-way of Concord Road, said corner being the East corner of the said 9.10 acre, Tract One, 6640 Inc. tract and said corner also being the North corner of the said 13.38 acre Parkdale Village, L.P. tract; 9) THENCE, SOUTH 40°44'24" WEST, along the Southeast line of the said 9.10 acre, Tract One, 6640 Inc. tract and along the Northwest line of the said 13.38 acre Parkdale Village, L.P. tract for a distance of 19.31 feet to the POINT OF BEGINNING and containing 0.2505 acre (10,911 square feet)of land, more or less. FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2011 Jan 28 09:55 AM Fee: $ 28.00 2011003668 CAROLYN L. GUIDRY COUNTY CLERK JEFFERSON COUNTY TEXAS *Electronically Recorded*