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HomeMy WebLinkAboutRES 11-024 RESOLUTION NO.11-024 WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit "A" and shown on Exhibits "B" and "C" & described in Exhibit"D" and shown on Exhibits "E" and "F" attached hereto, for the Concord Road Pavement Widening Project: Parcel #56A: 0.0066 acre out of the Thomas Spear Survey Abstract No. 50 Value: $1,001.00 Owner: Harvey Night Parcel #56B: 0.0924 acre out of the Thomas Spear Survey Abstract No. 50 Value: $35,000.00 Owner: Harvey Night 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 18th day of January, 2011. rF QO \�,111 w - M16yor Becky Ames - i �00 aw AGREEMENT PROJECT: Concord Road Pavement Widening Project Parcel 56A THE STATE OF TEXAS X COUNTY OF JEFFERSON X This agreement between Harvey Night of the County of Jefferson, State of Texas, hereinafter called GRANTOR., and the City of Beaumont, Texas, acting by and through its duly authorized Agent, hereinafter called GRANTEE, witnesseth: GRANTEE and the GRANTOR above recited have reached an agreement wherein the GRANTORS are to convey to the GRANTEE the property described fully in a Special Warranty Deed to be executed by GRANTORS, to which reference is hereby made for complete description, said property being briefly described as follows: 0.0066 acre tract out of the Thomas Spear Survey, Abstract No. 50, Beaumont, Jefferson County, Texas. The consideration and conditions of agreement are fully listed and stated. GRANTEE will pay GRANTORS as follows: ONE THOUSAND ONE AND NO/100 DOLLARS, ($1,001.00) All liens and taxes (either current or delinquent)will be deducted. It is further agreed that the terms of agreement herein stated are in consideration of the delivery to the GRANTEE of a valid conveyance of all rights,title and interest described in the Special Warranty Deed from GRANTORS to the CITY OF BEAUMONT. THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. EXECUTED this day of ! —520 CIT EA U m o Harvey Mght gmeenng S ervisor C:\Rea]PropertyLetters\Concord Wgreement56A.doc EXHIBIT"A" March 2009 Parcel 56A Page 1 of 5 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 56A Being a 0.0066acre (286 square feet) of land, situated in the Thomas Spear Survey, Abstract No. 50, out of and part of that certain called 27,284 square feet tract of land having been conveyed to Harvey Night from Robert S. Sawyer by deed dated January 14, 1981, and being recorded under Volume 2287 Page 401, Deed Records of Jefferson County, Texas, said 0.0066 (286 square feet) acre of land being more particularly described as follows; COMMENCING at a 1 1/2" iron pipe found for the most Easterly comer 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 Badon 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 from June Marie Badon 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 comer being in the Southwesterly line 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, 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; March 2009 Parcel 56A Page 2 of 5 EXHIBIT THENCE, NORTH 43"44'12" WEST along the Northerly line of the said Walker tract being described in Clerk's File No. 9536057 and Badon tract and along the Southerly line of the said 2.110 acre Walker et al tract, 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, that certain called 0.454 acre tract of land having been conveyed to Roger Scott Walker, an undivided 44.445% interest, unto Mark Douglas Walker, an undivided 11.111% interest, unto D. Clif Walker, an undivided 11.111% interest and unto Dennis Swearingen, an undivided 33.333% interest from Max Alperin by deed dated March 5, 1998, and being recorded under Clerk's File 9807330 of the Real Property records of Jefferson County, Texas, and the said Night tract recorded under Volume 2287 page 401 and that certain called 0.31 acre tract of land having been conveyed to Harvey Night and wife, Betty J. Night from Robert S. Sawyer, by deed dated January 13, 1981 and being recorded under Clerk's Volume 2289 Page 59, Deed records of Jefferson County, Texas, also along the centerline of the said abandoned T&NO RR for a distance of 800.19 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Easterly right-of-way line of Concord Road; THENCE, NORTH 31-56'02" EAST, along the proposed East right-of-way line of Concord Road for a distance of 37.59 feet to a 518" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Easterly right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 155.04 feet and being subtended by a chord bearing NORTH 64°17'57" EAST having a chord length of 166.46 feet; THENCE, NORTHEASTERLY, along said curve for an arc length of 175.71 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed right-of-way line of Concord Road, said comer being the most Northeasterly corner of the said 0.31 acre Night et ux tract, said corner also being the most Northwesterly comer of the said Night tract recorded under Volume 2287 page 401, and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 39 050'03" EAST, along the said Southeasterly line of the said 0.31 Night et ux tract and the Northwesterly line of the said Night tract recorded under Volume 2287 page 401 for a distance of 7.67 feet to a point for corner in the existing right-of-way line 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 SOUTH 60°42'06" EAST having a chord length of 94.24 feet; March 2009 Parcel 56A Page 3 of 5 EXHIBIT 2) THENCE, SOUTHEASTERLY, along said curve for an arc length of 95.49 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 155.04 feet and being subtended by a chord bearing NORTH 65 012'30" WEST having a chord length of 95.94 feet; 3) THENCE, NORTHWESTERLY along said curve and the proposed right-of-way line of Concord Road for an arc length of 97.54 feet to the POINT OF BEGINNING and containing 0.0066 acre (286 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 WIAY OF March 2009. ............ I W WHITELEY' s-. 6......... . 3636 r? r Mark W. Whiteley, RPLS #3636 ��'G �.... LEGEND ■ SET 5/8' I, R. WITH CAP STAMPED 'M. W. WH I TELEY & ASSOCIATES' TXDOT CONTROL MONUMENT CALLED 0.454 ACRES ROGER SCOTT WALKER O PARCEL NUMBER MARK DOUGLAS WALKER D. CLIF WALKER 0 END PROPERTY CORNER AS NOTED CALLED 27 284 SQ. FT. DENNIS SWEARfNGEN POWER POLE CALLED 0.31 ACRES-- HARVEY NIGHT MARCH 5, 1998 HARVEY NIGHT ET UX JANUARY 14 1981 CF. NO. 9807330 JANUARY 13 1981 VOL, 2287 PG. 401 _._.OPRJC PROPOSED ROW LINE VOL. 2289 PG. 59 DRJ DRJC CALLED 0.792 ACRES EXISTING ROW LINE ROGER SCOTT WALKER MARK DOUGLAS WALKER PROPERTY LINE GO�a 4 566 56A DENNSLISWEALK EEN — — SURVEY LINE GGO� AUGUST 13, 1997 COUNTY LINE EX\ PARCO 8S6A CF OPRJC24822 CALLED 2.110 ACRES g7 SCOTT WALKER MARK WALKER \ \ D. CUFF WALKER OFT \ DENNIS SWEARINGEN CALLED 24,743 S JUNE MARIE RADON -MAY 30, 160 JULY 28, 1997 559 CF, NO. 9716059 CF. NO. 97/2295 CO NRDp S OPRJC OPRJC CALLED 5.446 ACRES S&E 24,743 SQ. FT. m DAVID CLIFTON WALKER NOTES. MARK DOUGLAS WALKER O COp7 ROGER SCOTT WALKER y DECEMBER 8, 1995 \ EXISTING AND REMAINING AREAS SHOWN ARE APPROXIMATE. CF. NO. 9536057 P,D.0 PARCEL 56A \ ALL BEARINGS SHOWN ARE BASED ON THE TEXAS STATE OPRJC FN0. 1 112"I. PIPE PLANE C OORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983 (NAD 83), 1993 ADJUSTMENT. ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY PARENT TRACT BE CONVERTED TO GRID BY DIVIDING BY A COMBINED ADJUSTMENT FACTOR OF 1.0000-3. 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. OFc o�- M. . HI ' EXISTING TAKING REMAINING ACRES ACRES S.F. ACRES • SU PARCEL 56A, 0. 6264 0.0066/(286) 0. 6198 MARK W. WHITELEY AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 56A CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FR11Y. BEAUMONT, TEXAS 77728-5492 BEAUMONT, TEXAS 77703 SCALE 1 " = 50' MARCH 2009 409-892-0421 (FAX) 409-892-1348 SHEET 4 OF 5 Q EXHIBIT "6" P.O.B. PAR. 56A C2 J 6 Q LD to d- O Lo 212+45,79 `Lo 358.02RT ° ^ o 211+23.27 W d N i0 351.60RT CALLED 0.31 ACRES Op.� ,C lye LINE BEARING DISTANCE a W HARVEY NIGHT ET UX a_ -`'' 3 �� A$S L1 N31'S6'02"E 37.59' Wm;� o JANUARY 13 1981 L2 N39.50'03 E 7.67' `o a to VOL_ 2289 OG. 59 D n N a Q DRJC CALLED 27 284 SQ. FT. a 0 It 0 Lo JANUARY Y1NIGHT 981 = Z En z Uzcnz VOL. 2287 PG. 401 CALLED 0.454 ACRES = Q DRJC ROGER SCOTT WALKER p� MARK DOUGLAS WALKER w ZV 56 \ D. CLIF WALKER J DENNIS swEAR►NGEN a�4 4 V \ MARCH 5, 1998 0 (d N rn CF. NO. 9807330 �' OPRJC >- � CALLED 0.792 ACRES z ROGER SCOTT WALKER MARK DOUGLAS WALKER Z CALLED 24,743 SQ.FT \ D. CLIF WALKER r- 0)�JUNE MARIE BADON n \ DENNIS SWEARINGEN ^ � r rr JULY 28, 1997 �6qy /43•44, AUGUST 13, 1997 a ^ o CF. NO. 9722295 q/� ��NFQ 12• CF. NO. 9724822 -_OPRJC Q !ti 8 OPRJC w° Q .19, 2aoo rr � CL CALLED 5.446 ACRES < CL CURVE DATA a DAVID CLIFTON WALKER P.O.C. PAR. 56A a MARK DOUGLAS WALKER W Pi STA.=215+14.19 ROGER SCOTT WALKER- FND 1 1�2" � A=33'16'00" DECEMBER 8 1995 i PIP 81200.0000' CF. NO. 9536057 T358.4954' OPRJC L696.7347' PARCEL PLAT Ch686.9893' SHOWING D04.46'29" PARCEL 56A 2141+00 CONCORD ROAD JEFFERSON COUNTY PROPOSED BASELINE SCALE 1 " = SO' MARCH 2009 EXHIBIT "C" SHEET 5 OF 5 AGREEMENT PROJECT: Concord Road Pavement Widening Project Parcel 56B THE STATE OF TEXAS X COUNTY OF JEFFERSON X This agreement between Harvey Night of the County of Jefferson, State of Texas, hereinafter called GRANTOR, and the City of Beaumont, Texas, acting by and through its duly authorized Agent,hereinafter called GRANTEE, witnesseth: GRANTEE and the GRANTOR above recited have reached an agreement wherein the GRANTORS are to convey to the GRANTEE the property described fully in a Special Warranty Deed to be executed by GRANTORS, to which reference is hereby made for complete description, said property being briefly described as follows: 0.0924 acre tract out of the Thomas Spear Survey, Abstract No. 50, Beaumont, Jefferson County,Texas. The consideration and conditions of agreement are fully listed and stated. GRANTEE will pay GRANTORS as follows: THIRTY FIVE THOUSAND AND N01100 DOLLARS, ($35,000.00) All liens and taxes (either current or delinquent)will be deducted. It is further agreed that the terms of agreement herein stated are in consideration of the delivery to the GRANTEE of a valid conveyance of all rights, title and interest described in the Special Warranty Deed from GRANTORS to the CITY OF BEAUMONT. THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. — EXECUTED this day of CIT F AU NT • n Crai och Harvey Night E neering S ervisor C:\RealPropertyLetters\ConeordlAgreement56B.doc EXHIBIT "D" March 2009 Parcel 56B Page 1 of 5 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 56B Being a 0.0924 acre (4,024 square feet) of land, situated in the Thomas Spear Survey, Abstract No. 50, out of and part of that certain called 0.31 acre tract of land having been conveyed to Harvey Night and wife, Betty J. Night from Robert S. Sawyer, by deed dated January 13, 1981 and being recorded under Clerk's Volume 2289 Page 59, Deed records of Jefferson County, Texas, said 0.0924 (4,024 square feet) acre of land being more particularly described as follows; COMMENCING at a 1 112" iron pipe found for the most Easterly comer 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 Badon 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 from June Marie Badon 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 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 Doliinger, 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, 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; March 2009 Parcel 56B Page 2 of 5 EXHIBIT THENCE, NORTH 43 044'12" WEST along the Northerly line of the said Walker tract being described in Clerk's File No. 9536057 and Badon tract and along the Southerly line of the said 2.110 acre Walker et al tract, 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, that certain called 0.454 acre tract of land having been conveyed to Roger Scott Walker, an undivided 44.445% interest, unto Mark Douglas Walker, an undivided 11.111% interest, unto D. Clif Walker, an undivided 11.111% interest and unto Dennis Swearingen, an undivided 33.333% interest from Max Alperin by deed dated March 5, 1998, and being recorded under Clerk's File 9807330 of the Real Property records of Jefferson County, Texas, and that certain called 27,284 square feet tract of land having been conveyed to Harvey Night from Robert S. Sawyer by deed dated January 14, 1981, and being recorded under Volume 2287 Page 401, Deed Records of Jefferson County, Texas, and the said 0.31 acre Harvey Night et ux tract, also along the centerline of the said abandoned T&NO RR for a distance of 800.19 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Easterly right-of-way line of Concord Road and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 43°44'12" WEST, continuing along the Southerly line of the said 0.31 acre Night et ux tract and the Northerly line of the said Badon tract for a distance of 35.77 feet to a point for corner, said corner being in the existing Easterly right-of-way of Concord Road, said point also being the most Westerly comer of said 0.31 acre Night et ux tract, and the most Northerly corner of the said Badon tract; 2) THENCE, NORTH 46°08'27" EAST, along the existing East right-of-way line of Concord Road for a distance of 59.48 feet to a point for corner, 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 74°40'24" EAST having a chord length of 162.40 feet; 3) THENCE, NORTHEASTERLY, along said curve for an arc length of 169.32 feet to a point for corner in the existing Easterly right-of-way line of Concord Road, said corner being the most Northerly corner of the said 0.31 acre Night et'ux tract, said corner also being the most Northwesterly corner of the said Night tract recorded under Volume 2287 page 401; 4) THENCE, SOUTH 39°50'03" WEST, along the said Southeasterly line of the said 0.31 Night et ux tract and the Northwesterly line of the said Night tract recorded under Volume 2287 page 401 for a distance of 7.67 feet to a 5/8" iron rod with cap March 2009 Parcel 56B Page 3 of 5 EXHIBIT_ stamped "City of Beaumont ROW Monument" set for corner in the proposed right-of- way line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 155.04 feet and being subtended by a chord bearing SOUTH 64°17'57"WEST having a chord length of 166.46 feet; 5) THENCE, SOUTHWESTERLY, along said curve for an arc length of 175.71 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed right-of-way line of Concord Road; 6) THENCE, SOUTH 31 056'02" WEST along the proposed right-of-way line of Concord Road for a distance of 37.59 feet to the POINT OF BEGINNING and containing 0.0924 acre (4024 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 comers 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. OF TF •...• •• ......LEN .W .. Mark W. Whiteley, RPLS #3636y LEGEND ROGEROSO K COTT WA EER MARK DOUGLAS WALKER SET 5/8' I. R. WITH CAP STAMPED 'M. W. WHITELEY & ASSOCIATES' D. CLEF WALKER CALLED 27,284 SO. FT. DENNIS SWEARINGEN 0 TXDDT CONTROL MONUMENT HARVEY NIGHT MARCH 5. 1998 CALLED 0.31 ACRES JANUARY 14 1981 CF. NO. 9807330 xx HARVEY NIGHT ET UX VOL. 2287 PG. 401 ---OPRJC Q PARCEL NUMBER JANUARY 13 1981 0RJC- 0 FND PROPERTY CORNER AS N❑TEDVOL. 2208R9JC G. 59 CALLED 0.792 ACRES POWER POLE \ ROGER SCOTT WALKER 0 P� 56A MARK DOUGLAS WALKER PROPOSED ROW LINE g0 6 D. WALKER O DENNIS S SWEARINGEN G _ AUGUST 13, 1997 EX I S T I NG ROW LINE: P.0.8 CF. N0. 9724822 PROPERTY LINE PARCEL 56B ---OPRJC CALLED 2.110 ACRES SURVEY LINE 57 SCOTT WALKER MARK WALKER COUNTY LINE \ D. CLIFF WALKER DENNIS SWEARINGEN CALLED 24,743 SOFT- \ r --MAY 30, 1997 JUNE MARIE BADON CF. NO. 9716059 55 JULY 28, 1997 OPRJC CF. NO.OPRJC JC CONCpPoO fs, ORS Ro�D tic \ noi- c-- CALLED 5.446 ACRES �L S&E 24,743 SO, FT. ,., DAVID CLIFTON WALKER 7� MARK DOUGLAS WALKER Qip�Or ROGER SCOTT WALKER Cy DECEMBER 8, 1995 \ \ CF. N0, 9536057 RO.0 PARCEL 568 OPRJC FNA 1 112.1. PIPE NOTES: EXISTING AND REMAINING AREAS SHOWN ARE APPROXIMATE. PARENT TRACT ALL BEARINGS SHOWN ARE BASED ON THE TEXAS STATE PLANE OORDINATE SYSTEM, SOUTH CENTRAL ZONE. NORTH N.T.S. 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 1.00003. 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 f'�P�O's� '• � 'H{T L" TAKING EXISTING REMAINING •'••.':�F s s °.�• ACRES ACRES S.F. ACRES PARCEL 568, 0. 31 0. 0924/(4,024) 0. 2176 MARK W. WHITELEY AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 5 6 B 0 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77728-5492 BEAUMONT, TEXAS 77703 SCALE 1 = 50 MARCH 2009 409-892-0421 (FAX) 409--092-1348 SHEET 4 OF 5 EXHIBIT"E" 56 ui 0 zt G� 212+45.79 a �� 359.12RT LINE BEARING DISTANCE r J ° W n. "t L1 N43'44'12V 35.77' ° tD AR S�5a L2 N46'08'27"E 59.48' CALLED 0.31 ACRES � ASR A L4 S31 37.59'37.59' HARVEY NIGHT ET UX �� g5 a: 3 JANUARY 13, 1981 uj r` VOL. 2289 PG. 59 m N u, 4 DRJC CALLED 27,284 SO. FT, HARVEY NIGHT CL CURVE DATA o � zt JANUARY 14, 1981 PI STA=215+1419 = z 213+79.01 VOL. 2287 PG. 401 . . �c2�37RT ORJC CALLED 0.454 ACRES l�=33'16'00° �� ROGER SCOTT WALKER R1200.0000' MARK DOUGLAS WALKER 0 T358.4954' z C� C56) P.O.B. PAR. 566 D. CLIF WALKER W p� � DENNIS SWEARINGEN L696.7347' V 213+80.36 �\ MARCH 5, 1998 Ch686.9893' o N 0 La CI 187.80RT CF. N0. 9807330 D04'46'29" Lo OPRJC (D (D EL CALLED 0.792 ACRES \� ROGER SCOTT WALKER ? m p �\ MARK DOUGLAS WALKER _ CALLED 24,743 SQ.FT \ D. CLIF WALKER N-; X �— JUNE MARIE RADON DENNIS SWEARINGEN LU JULY 28 1997 ARAN N413.4 AUGUST 13, 1997 ��-,` CF. NO. X722295 q/� �OiyFD 4 12"• CF. NO. 9724822 a �' o --OPRJC Q W 8 0 1 \ OPRJC W 0 9' moo CALLED 5.446 ACRES � 57 DAVID CLIF70N WALKER P.O.C. PAR. 56B cL MARK DOUGLAS WALKER ROGER SCOTT WALKER- FND 1 1/2" DECEMBER 8 1995 \` I. PIPE CF. NO. 9536057 OPRJC PARCEL PLAT SHOWING PARCEL 56B 274+00 CONCORD ROAD JEFFERSON COUNTY PROPOSED BASELINE —� SCALE 1 " = 50' MARCH 2009 SHEET 5 OF 5 in County NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A A Yn REMOVE OR STRIKE ANY OF THE FOLLOWING 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, HARVEY NIGHT,hereinafter called GRANTOR for and in consideration of the sum of ONE THOUSAND ONE AND NO/100 ($1,001.00) 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 do 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 waive 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 itself and its 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. GRANTOR represents that no part of the property constitutes either GRANTOR'S business or residential homestead. EXECUTED this the day of '0 A A�c� , 2011. c^' r V HARVE I STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before on this the day of 201+, by HARVEY NIGHT. =~C AQUANA J.BOOK ER-MCDONALD Notary Public, State of Texas My Commission Expires February 10, 2015 RETURN TO: City of Beaumont c/o Craig Koch P.O.Box 3827 Beaumont,TX 77704 EXHIBIT"A" PROPERTY DESCRIPTION FOR PARCEL 56A BEING A 0.0066 ACRE (286 SQUARE FEET) OF LAND, SITUATED IN THE THOMAS SPEAR SURVEY, ABSTRACT NO. 50, OUT OF AND PART OF THAT CERTAIN CALLED 27,284 SQUARE FEET TRACT OF LAND HAVING BEEN CONVEYED TO HARVEY NIGHT FROM ROBERT S. SAWYER BY DEED DATED JANUARY 14, 1981, AND BEING RECORDED UNDER VOLUME 2287 PAGE 401, DEED RECORDS OF JEFFERSON COUNTY, TEXAS, SAID 0.0066 (286 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 BADON 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 FROM JUNE MARIE BADON 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 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, 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 43 044'12" WEST ALONG THE NORTHERLY LINE OF THE SAID WALKER TRACT BEING DESCRIBED IN CLERK'S FILE NO. 9536057 AND BADON TRACT AND ALONG THE SOUTHERLY LINE OF THE SAID 2.110 ACRE WALKER ET AL TRACT,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,THAT CERTAIN CALLED 0.454 ACRE TRACT OF LAND HAVING BEEN CONVEYED TO ROGER SCOTT WALKER, AN UNDIVIDED 44.445% INTEREST, UNTO MARK DOUGLAS WALKER, AN UNDIVIDED 11.111% INTEREST, UNTO D. CLIF WALKER, AN UNDIVIDED 11.111% INTEREST AND UNTO DENNIS SWEARINGEN, AN UNDIVIDED 33.333% INTEREST FROM MAX ALPERIN BY DEED DATED MARCH 5, 1998, AND BEING RECORDED UNDER CLERK'S FILE 9807330 OF THE REAL PROPERTY RECORDS OF JEFFERSON COUNTY, TEXAS, AND THE SAID NIGHT TRACT RECORDED UNDER VOLUME 2287 PAGE 401 AND THAT CERTAIN CALLED 0.31 ACRE TRACT OF LAND HAVING BEEN CONVEYED TO HARVEY NIGHT AND WIFE, BETTY J. NIGHT FROM ROBERT S. SAWYER, BY DEED DATED JANUARY 13, 1981 AND BEING RECORDED UNDER CLERK'S VOLUME 2289 PAGE 59, DEED RECORDS OF JEFFERSON COUNTY,TEXAS,ALSO ALONG THE CENTERLINE OF THE SAID ABANDONED T&NO RR FOR A DISTANCE OF 800.19 FEET TO A 5/8" IRON ROD WITH CAP STAMPED "CITY OF BEAUMONT ROW MONUMENT' SET FOR CORNER IN THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF CONCORD ROAD; THENCE, NORTH 31 056'02" EAST, ALONG THE PROPOSED EAST RIGHT-OF-WAY LINE OF CONCORD ROAD FOR A DISTANCE OF 37.59 FEET TO A 5/8" IRON ROD WITH CAP STAMPED "CITY OF BEAUMONT ROW MONUMENT' SET FOR CORNER IN THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF CONCORD ROAD, SAID CORNER ALSO BEING THE BEGINNING OF A CURVE TURNING TO THE RIGHT HAVING A RADIUS OF 155.04 FEET AND BEING SUBTENDED BY A CHORD BEARING NORTH 64 017'57" EAST HAVING A CHORD LENGTH OF 166.46 FEET; THENCE, NORTHEASTERLY, ALONG SAID CURVE FOR AN ARC LENGTH OF 175.71 FEET TO A 5/8" IRON ROD WITH CAP STAMPED "CITY OF BEAUMONT ROW MONUMENT' SET FOR CORNER IN THE PROPOSED RIGHT-OF-WAY LINE OF CONCORD ROAD, SAID CORNER BEING THE MOST NORTHEASTERLY CORNER OF THE SAID 0.31 ACRE NIGHT ET UX TRACT, SAID CORNER ALSO BEING THE MOST NORTHWESTERLY CORNER OF THE SAID NIGHT TRACT RECORDED UNDER VOLUME 2287 PAGE 401, AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; 1)THENCE, NORTH 39°50'03" EAST, ALONG THE SAID SOUTHEASTERLY LINE OF THE SAID 0.31 NIGHT ET UX TRACT AND THE NORTHWESTERLY LINE OF THE SAID NIGHT TRACT RECORDED UNDER VOLUME 2287 PAGE 401 FOR A DISTANCE OF 7.67 FEET TO A POINT FOR CORNER IN THE EXISTING RIGHT-OF-WAY LINE 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 SOUTH 60 042'06" EAST HAVING A CHORD LENGTH OF 94.24 FEET; 2)THENCE, SOUTHEASTERLY, ALONG SAID CURVE FOR AN ARC LENGTH OF 95.49 FEET TO A 5/8" IRON ROD WITH CAP STAMPED "CITY OF BEAUMONT ROW MONUMENT' SET FOR CORNER IN THE PROPOSED RIGHT-OF-WAY LINE OF CONCORD ROAD, SAID CORNER ALSO BEING THE BEGINNING OF A CURVE TURNING TO THE LEFT HAVING A RADIUS OF 155.04 FEET AND BEING SUBTENDED BY A CHORD BEARING NORTH 65 012'30" WEST HAVING A CHORD LENGTH OF 95.94 FEET; 3)THENCE, NORTHWESTERLY ALONG SAID CURVE AND THE PROPOSED RIGHT-OF-WAY LINE OF CONCORD ROAD FOR AN ARC LENGTH OF 97.54 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.0066 ACRE (286 SQUARE FEET) OF LAND. FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2011 Mar 09 03:24 PK Fee: $ 28.00 —� 2011008282 CAROLYN L. GUIDRY COUNTY CLERK JEFFERSON COUNTY TEXAS *Electronically Recorded* Recorded Electmnically iD 90 County Date U01 I k Time-',-'UQ NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE 1k NA 1PtrqjWiM1Rqfflq 4VCWA AV 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, HARVEY NIGHT, hereinafter called GRANTOR for and in consideration of the sum of THIRTY FIVE THOUSAND AND NO/100 ($35,000.00) 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 do 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 waive 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 itself and its 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 to property, subject to the provisions stated above,when the claim is by, through, or under GRANTOR but not otherwise. GRANTOR represents that no part of the property constitutes either GRANTOR'S business or residential homestead. -4 EXECUTED this the A) day of IBC 14" , 2011. HARVEY NIGHT BETTY J. 4GHT STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before on this the day of , 2010, by HARVEY NIGHT and BETTY J.NIGHT. A6IUANA J. BOOKER-MCDONAID �r "c Notar y Public, State Texas My Commission Expires ••.. February 10, 2015 RETURN TO: City of Beaumont c/o Craig Koch P.O. Box 3827 Beaumont,TX 77704 EXHIBIT"A" Being a 0.0924 acre (4,024 square feet) of land, situated in the Thomas Spear Survey, Abstract No. 50, out of and part of that certain called 0.31 acre tract of land having been conveyed to Harvey Night and wife, Betty J.Night from Robert S. Sawyer, by deed dated January 13, 1981 and being recorded under Clerk's Volume 2289 Page 59, Deed records of Jefferson County,Texas, said 0.0924 (4,024 square feet) acre of land being more particularly described as follows; COMMECING 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 Badon 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 from June Marie Badon 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 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, 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'l 2" WEST along the Northerly line of the said Walker tract being described in Clerk's File No. 9536057 and Badon tract and along the Southerly line of the said 2.110 acre Walker et al tract,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,that certain called 0.454 acre tract of land having been conveyed to Roger Scott Walker, an undivided 44.445% interest, unto Mark Douglas Walker, an undivided 11.111%interest, unto D. Clif Walker, an undivided 11.111% interest and unto Dennis Swearingen, an undivided 33.333% interest from Max Alperin by deed dated March 5, 1998, and being recorded under Clerk's File 9807330 of the Real Property records of Jefferson County,Texas, and that certain called 27,284 square feet tract of land having been conveyed to Harvey Night from Robert S. Sawyer by deed dated January 14, 1981, and being recorded under Volume 2287 Page 401, Deed Records of Jefferson County, Texas, and the said 0.31 acre Harvey Night et ux tract, also along the centerline of the said abandoned T&NO RR for a distance of 800.19 feet to a 5/8" iron rod with cap stamped"City of Beaumont ROW Monument" set for corner in the proposed Easterly right-of-way line of Concord Road and the POINT OF BEGINNING of the parcel herein described; 1)THENCE,NORTH 43-44'l 2" WEST, continuing along the Southerly line of the said 0.31 acre Night et ux tract and the Northerly line of the said Badon tract for a distance of 35.77 feet to a point for corner, said corner being in the existing Easterly right-of-way of Concord Road, said point also being the most Westerly corner of said 0.31 acre Night et ux tract, and the most Northerly corner of the said Badon tract; 2)THENCE,NORTH 46°08'27" EAST, along the existing East right-of-way line of Concord Road for a distance of 59.48 feet to a point for corner, 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 74°40'24" EAST having a chord length of 162.40 feet; 3) THENCE,NORTHEASTERLY, along said curve for an arc length of 169.32 feet to a point for corner in the existing Easterly right-of-way line of Concord Road, said corner being the most Northerly corner of the said 0.31 acre Night et ux tract, said corner also being the most Northwesterly corner of the said Night tract recorded under Volume 2287 page 401; 4) THENCE, SOUTH 39°50'03" WEST, along the said Southeasterly line of the said 0.31 Night et ux tract and the Northwesterly line of the said Night tract recorded under Volume 2287 page 401 for a distance of 7.67 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 155.04 feet and being subtended by a chord bearing SOUTH 64°17'57" WEST having a chord length of 166.46 feet; 5) THENCE, SOUTHWESTERLY, along said curve for an arc length of 175.71 feet to a 5/8" iron rod with cap stamped"City of Beaumont ROW Monument" set for corner in the proposed right-of-way line of Concord Road; 6) THENCE, SOUTH 31°56'02" WEST along the proposed right-of-way line of Concord Road for a distance of 37.59 feet to the POINT OF BEGINNING and containing 0.0924 acre (4024 square feet) of land FILED AND RECORDED OFFICIAL PUBLIC RECORDS IV,l�50N 2011 Mar 10 04:26 PM Fee: $ 28.00 2011008439 CAROLYN L. GUIDRY COUNTY CLERK JEFFERSON COUNTY TEXAS *Electronically Recorded*