HomeMy WebLinkAboutRES 11-063 RESOLUTION NO.11-063
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 #23: 0.1232 acre out of A. Williams League
Abstract No. 385 (5670 Pine Burr Boulevard)
Value: $9,996.00
Owner: Estate of William
and Mary Louise Ehrensberger
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 15th day of
February, 2011. __����'`�\�\��
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS
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, the ESTATE OF WILLIAM AND MARY LOUISE EHRENSBERGER, of the
County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of
the sum of NINE THOUSAND NINE HUNDRED NINETY-SIX AND NO/100 ($9,996.00)
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 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 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
properly.
EXHIBIT "A"
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.
EXECUTED this the day of 12011.
ESTATE OF WILLIAM EHRENSBERGER
By:
KERRY PEPITONE EHRENSBERGER
ESTATE OF MARY LOUISE EHRENSBERGER
By:
THOMAS EHRENSBERGER
ACKNOWLEDGMENTS
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on , 2011,by
for the ESTATE OF WILLIAM EHRENSBERGER, on behalf of said Estate.
Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on , 2011, by
for the ESTATE OF MARY LOUISE EHRENSBERGER, on behalf of said Estate.
Notary Public, State of Texas
RETURN TO: City of Beaumont
do Antoinette Hardy
P.O.Box 3627
Beaumont,TX 77704
June 2009
Parcel 23
Page 1 of 4
EXHIBIT
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 23
Being a 0.1232 acre (5,369 square feet) of land, situated in the A. Williams League,
Abstract No. 385, being out of Lot 24 of French Heights Addition, a subdivision to in
Jefferson County, Texas being recorded in Volume 6 Page 31 of the Map Records of
Jefferson County, Texas and the same being that certain called 1.09 acre tract having
been conveyed to William Ehrensberger and wife, Mary Louise Ehrensberger from J. H.
Stauts and wife, Clara A. Stauts, by deed dated March 27, 1941, and being recorded in
Volume 491, Page 304 of the Deed records of Jefferson County, Texas, said 0.1232
acre (5,369 square feet) of land being more particularly described as follows;
COMMENCING at an 4" iron tube with cap found for the most Northeasterly corner
of that certain called 1.063 acre tract of land having been conveyed to James
Trahan & Maria Trahan from CYRA Holdings Inc. by deed dated April 10, 2006, and
being recorded under Clerk's File No. 2006014212 of the Real Property records of
Jefferson County, Texas, said corner being in the most Southeasterly corner of Lot
7, Block 1 and the most Southwesterly corner of Lot 8, Block 1, of Hawthorn Place
Addition, Unit One, as recorded in Volume 7, page 165, of the Map Records of
Jefferson County, Texas, said point also being the common line between the F.
Bigner Survey, Abstract No. 1 and the A. Williams Survey, Abstract No. 385;
THENCE, SOUTH 03°08'14" EAST along the boundary line between the said 1.063
acre Trahan tract and the said 1.09 acre Ehrensberger tract, the same being the
common line between the F. Bigner Survey, Abstract No. 1 and the A. Williams
Survey, Abstract No. 385 for a distance of 421.01 feet to a 518" iron rod with cap
stamped "City of Beaumont ROW Monument" set for corner in the proposed
Northeasterly right-of-way line of Concord Road, said point being the POINT OF
BEGINNING of the parcel herein described;
1) THENCE, SOUTH 54 030'26" EAST, along the proposed Northeast right-of-way line
of Concord Road for a distance of 125.58 feet to a 518" iron rod with cap stamped
"City of Beaumont ROW Monument" set for corner in the proposed Northwest right-
of-way line of Pine Burr Boulevard;
2) THENCE, NORTH 52°14'21" EAST, along the proposed Northwest right-of-way line
of Pine Burr Boulevard for a distance of 194.18 feet to a 518" iron rod with cap
stamped "City of Beaumont ROW Monument" set for corner, said point being in the
Northeast line of the said 1.09 Ehrensberger tract and being the common line
between Lot 24 and Lot 23 of said French Heights Addition;
June 2009
Parcel 23
Page 2 of 4
EXHIBIT
3) THENCE, SOUTH 54°38'14" EAST, along the Northeast line of the said 1.09 acre
Ehrensberger tract for a distance of 20.90 feet to a point for corner;
4) THENCE, SOUTH 52 014'21" WEST, along the existing Northwest right-of-way of
Pine Burr Boulevard for a distance of 205.18 feet to a point for corner in the existing
Northeast right-of-way line of Concord Road, said corner being the most Southerly
comer of the said 1.09 acre Ehrensberger tract;
5) THENCE, NORTH 54 033'44"WEST, along the existing Northeast right-of-way line of
Concord Road for a distance of 134.83 feet to a point for corner, said point being the
most Southwesterly corner of the said 1.09 acre Ehrensberger tract and being the
most Southerly corner of the said 1.063 acre Trahan tract, and from said point an
axle found bears NO3 008'14"W 0.66 feet;
6) THENCE, NORTH 03008'14" WEST, along the East line of the said 1.063 acre
Trahan tract and the West line of the said 1.09 acre Ehrensberger tract for a
distance of 13.59 feet to the POINT OF BEGINNING and containing 0.1232 acre
(5,369 square feet) of land.
A parcel plat of even date accompanies this property description.
1, 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
th
GIVEN UNDER MY HAND AND SEAL THIS THE 3b DAY OF JUNE 2009.
Mark W. Whiteley, RPLS #3636
, 1 r
S
LEGEND
■ SET 5/8' I. R, WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT'
TXDOT CONTROL MONUMENT
xx PARCEL NUMBER
0 FND PROPERTY CORNER AS NOTED
POWER POLE
PROPOSED ROW LINE P.O.0 PARCEL 23
FND. 4" 1, TUBE A. WILLIAMS SURVEY
EXISTING ROW LINE ABSTRACT NO. 385
PROPERTY LINE
SURVEY LINE
COUNTY LINE
F. BIGNER SURVEY CALLED jet a
ABSTRACT N0. 1 WILLIAM EHR£ ,°APRIL VOL. 48 CALLEO 1.063 ACRES
JAMES TRAHAN k TRAHAN APRIL 10o,. pp006 CF. NO.0 6 14212
CONCORD ROAD
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 FEBRUARY 2009
A PROPERTY DESCRIPTION OF EVEN DATE
ACCOMPANIES THIS PARCEL PLAT.
��. A' Y
rll E4 ;Y... EXISTING TAKING REMAINING
f✓" v'�
+ ' eF .r fl . ' ACRES ACRES/ S.F. ACRES
\ti S U 1. 09 PARCEL 23, 0. 9668
0. 1232/(5369)
MARK W. WHITELEY
AND ASSOCIATES
INCORPORATED PARCEL PLAT
CONSULTING ENGINEERS, SHOWING
SURVEYORS, AND PLANNERS PARCEL 23
0 CONCORD ROAD JEFFERSON COUNTY
P. 0. BOX 5492 3250 EASTEX FR4tY.
BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 _ ' JUNE 2009
409-892-0421 (FAX) 409-692-1346 S CA�E SHEET 3 OF 4
EXHIBIT "B"
LINE BNG"W DISTANCE
08I? ?3.59L? NO3 4 '
P.O.C. PAR. 23
FND
I BE �,�� Q'' BS�g ACTS
(S53 00 00 E 345.00 ) A
S54'38'1 4"E 350.44' S54'38'141 20.90'
165+22.98
Q� ti PpO�� 225.95RT
CALLED 1.09 ACRES co �-
���� , WILLIAM EHRENSBERGER et ux
APRIL 1, 1941 rn ^o
S�g p+C' F '�•F` VOL. 491 PG. 304
F �r-
�$ �s DRJC
CALLED 1.063 ACRES `S "
JAMES TRAHAN & D j
6o6'6J .N ��� �
MARIA TRAHAN o
,o
APRIL 10, 2006 �^� r U
CF. NO. 2006014212 v,
OPRJC m
25 ;� / X
P.O.B. PAR. 23 167+4,51 165+78,94 �` ;� // W
40,OORT 40.00RT
PROPOSED RIGHT OF WAY S54'30'26"E 125.58
i
�,,—EXISTING RIGHT OF WAY FND AXLE BEARS I 4.8
N54'33'44V 133' 1
NO3'08'14"W 0.66' (N53'00'00'W 137.70')
N54°30 26 W 1552.99 166+00 _
PROPOSED BASELINE
Ir
CCCCCCC COACH
_ PARCEL PLAT
SHOWING '
PARCEL 23
CONCORD ROAD JEFFERSON COUNTY
SCALE 1 " = 50' JUNE 2009
SHEET 4 OF 4
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS
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, the ESTATE OF WILLIAM AND MARY LOUISE EHRENSBERGER, of the
County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of
the sum of NINE THOUSAND NINE HUNDRED NINETY-SIX AND NO/100 ($9,996.00)
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 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 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, affecting 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.
EXECUTED this the day of Ins 2011.
ESTATE OF WILLIAM EHRENSBERGER JR
By.
KERRY PEPITONE EHRENSBERGER,
INDIVIDUALLY AND AS EXECUTRIX
OF THE ESTATE OF WILLIAM
EHRENSBERGER JR., DECEASED
ESTATE OF MARY LOUISE EHRENSBERGER
By: °y' <N
THOMAS EHRENSBERGER,
INDIVIDUALLY AND AS EXECUTOR
OF THE ESTATE OF MARY LOUISE
EHRENSBER, DECEASED
ACKNOWLEDGMENTS
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on 2011, by KERRY
PERITONE EHRENSBER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF
WILLIAM HRENSBERGER JR., on behalf of said Estate.
NO., A6IUANAJ.BOOKER-MCDONALDs
Notary Public, state of Texas "
My Commission Expires Not Pu 1 , State of Texas
February 10, 2015
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on 2011, by THOMAS
EHRENSBERGER, INDIVIDUALLY AND AS EXECUTROR OF THE ESTATE OF MARY
LOUISE EHRENSBER., DECEASED, on behalf of said Estate.
Irk
AQUANA J. BOOKER-MCDONALD
Notary Public,state of Texas
My Commission Expires Not ublic, State of Texas
February 10, 2015
RETURN TO: City of Beaumont
c/o Antoinette Hardy
P.O.Box 3827
Beaumont,TX 77704
Rec rded Is tr%cally
ID�. ` d ��-�- -
County, �
Date Time-a.0
S*-19".com 800.480.5857
EXHIBIT 'A'
BEING A 0.1232 ACRE(5,369 SQUARE FEET)OF LAND,SITUATED IN THE A.WILLIAMS LEAGUE,
ABSTRACT NO.385,BEING OUT OF LOT 24 OF FRENCH HEIGHTS ADDITION,A SUBDMSION TO IN
JEFFERSON COUNTY,TEXAS BEING RECORDED IN VOLUME 6 PAGE 31 OF THE MAP RECORDS OF
JEFFERSON COUNTY,TEXAS AND THE SAME BEING THAT CERTAIN CALLED 1.09 ACRE TRACT HAVING
BEEN CONVEYED TO WILLIAM EHRENSBERGER AND WIFE, MARY LOUISE EHRENSBERGER FROM 3. H.
STAUTS AND WIFE,CLARA A.STAUTS, BY DEED DATED MARCH 27, 1941,AND BEING RECORDED IN
VOLUME 491, PAGE 304 OF THE DEED RECORDS OF JEFFERSON COUNTY,TEXAS,SAID 0.1232 ACRE
(5,369 SQUARE FEET)OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN 4"IRON TUBE WITH CAP FOUND FOR THE MOST NORTHEASTERLY CORNER OF
THAT CERTAIN CALLED 1.063 ACRE TRACT OF LAND HAVING BEEN CONVEYED TO JAMES TRAHAN&
MARIA TRAHAN FROM CYRA HOLDINGS INC. BY DEED DATED APRIL 10,2006,AND BEING RECORDED
UNDER CLERK'S FILE NO. 2006014212 OF THE REAL PROPERTY RECORDS OF JEFFERSON COUNTY,
TEXAS,SAID CORNER BEING IN THE MOST SOUTHEASTERLY CORNER OF LOT 7, BLOCK 1 AND THE
MOST SOUTHWESTERLY CORNER OF LOT 8, BLOCK 1,OF HAWTHORN PLACE ADDITION, UNIT ONE,AS
RECORDED IN VOLUME 7, PAGE 165,OF THE MAP RECORDS OF JEFFERSON COUNTY,TEXAS,SAID
POINT ALSO BEING THE COMMON LINE BETWEEN THE F. BIGNER SURVEY,ABSTRACT NO. 1 AND THE
A.WILLIAMS SURVEY,ABSTRACT NO. 385;
THENCE,SOUTH 030 08' 14" EAST ALONG THE BOUNDARY LINE BETWEEN THE SAID 1.063 ACRE
TRAHAN TRACT AND THE SAID 1.09 ACRE EHRENSBERGER TRACT,THE SAME BEING THE COMMON
LINE BETWEEN THE F. BIGNER SURVEY,ABSTRACT NO. 1 AND THE A.WILLIAMS SURVEY,ABSTRACT
NO.385 FOR A DISTANCE OF 421.01 FEET TO A 5/8"IRON ROD WITH CAP STAMPED"CITY OF
BEAUMONT ROW MONUMENT" SET FOR CORNER IN THE PROPOSED NORTHEASTERLY RIGHT-OF-WAY
LINE OF CONCORD ROAD,SAID POINT BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED;
1)THENCE,SOUTH 540 30- 26" EAST,ALONG THE PROPOSED NORTHEAST RIGHT-OF-WAY LINE OF
CONCORD ROAD FOR A DISTANCE OF 125.58 FEET TO A 5/8"IRON ROD WITH CAP STAMPED"CITY OF
BEAUMONT ROW MONUMENT"SET FOR CORNER IN THE PROPOSED NORTHWEST RIGHT-OF-WAY
LINE OF PINE BURR BOULEVARD;
2)THENCE,NORTH 520 14' 21" EAST,ALONG THE PROPOSED NORTHWEST RIGHT-OF-WAY LINE OF
PINE BURR BOULEVARD FOR A DISTANCE OF 194.18 FEET TO A 5/8"IRON ROD WITH CAP STAMPED
"CITY OF BEAUMONT ROW MONUMENT" SET FOR CORNER,SAID POINT BEING IN THE NORTHEAST
LINE OF THE SAID 1.09 EHRENSBERGER TRACT AND BEING THE COMMON LINE BETWEEN LOT 24 AND
LOT 23 OF SAID FRENCH HEIGHTS ADDITION;
3)THENCE,SOUTH 540 38- 14" EAST,ALONG THE NORTHEAST LINE OF THE SAID 1.09 ACRE
EHRENSBERGER TRACT FOR A DISTANCE OF 20.90 FEET TO A POINT FOR CORNER;
4)THENCE,SOUTH 52° 14' 21-WEST,ALONG THE EXISTING NORTHWEST RIGHT-OF-WAY OF PINE
BURR BOULEVARD FOR A DISTANCE OF 205.18 FEET TO A POINT FOR CORNER IN THE EXISTING
NORTHEAST RIGHT-OF-WAY LINE OF CONCORD ROAD,SAID CORNER BEING THE MOST SOUTHERLY
CORNER OF THE SAID 1.09 ACRE EHRENSBERGER TRACT;
5)THENCE, NORTH 54° 33'44-WEST,ALONG THE EXISTING NORTHEAST RIGHT-OF-WAY LINE OF
CONCORD ROAD FOR A DISTANCE OF 134.83 FEET TO A POINT FOR CORNER,SAID POINT BEING THE
MOST SOUTHWESTERLY CORNER OF THE SAID 1.09 ACRE EHRENSBERGER TRACT AND BEING THE
MOST SOUTHERLY CORNER OF SAID 1.063 ACRE TRAHAN TRACT,AND FROM SAID POINT AN AXLE
FOUND BEARS N030 08' 14"W 0.66 FEET;
6)THENCE, NORTH 030 08- 14"WEST,ALONG THE EAST LINE OF THE SAID 1.063 ACRE TRAHAN TRACT
AND THE WEST LINE OF THE SAID 1.09 ACRE EHRENSBERGER TRACT FOR A DISTANCE OF 13.59 FEET
TO THE POINT OF BEGINNING AND CONTAINING 0.1232 ACRE(5,369 SQUARE FEET)OF LAND.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
s p14 t
_ n / � ,�•fie
w 2011 Mar 09 02:17 PM Fee: $ 28.00
2011008249
CAROLYN L. GUIDRY COUNTY CLERK
JEFFERSON COUNTY TEXAS
*Electronically Recorded*