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HomeMy WebLinkAboutRES 11-082 RESOLUTION NO. 11-082 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 #57: 0.3509 acre out of Thomas Spear Survey, Abstract No. 50 Value: $90,000.00 Owner: June Marie Badon 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 8th day of March, 2011. i - Wayor Becky Ames - � w 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, JUNE MARIE BADON, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of NINETY THOUSAND AND NO/100 ($90,000.00) 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 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 EXHIBIT "A" GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds 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. JUNE MARIE BADON STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by JUNE MARIE RADON. Notary Public, State of Texas RETURN TO: City of Beaumont do Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 March 2009 Parcel 57 Page 1 of 5 EXHIBIT T County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 57 Being a 0.3509 acre (15,284 square feet) of land, situated in the Thomas Spear Survey, Abstract No. 50, out of and part of 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 9722295 of the Real Property records of Jefferson County, Texas, said 0.3509 (15,284 square feet) acre of land being more particularly described as follows; COMMENCING at the most Southerly corner of that certain called 5.446 acre tract having been conveyed to David Clifton Walker, Mark Douglas Walker and Roger Scott Walker, by deed dated December 8, 1995, and being recorded under Clerk's File 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, said point also being in the East right of way line of Judy Lane, and from said point a 518" iron rod with cap stamped "M. W. Whiteley and Associates" bears NORTH 86 027'48" EAST a distance of 1.67'; THENCE, NORTH 04°53'12" WEST, along the East right-of-way of Judy Lane for a distance of 99.80 feet to a point for corner; THENCE, NORTH 07 031'12" WEST, continuing along the East right-of-way of Judy Lane for a distance of 100.00 feet to a point for corner; THENCE, NORTH 10°14'12" WEST, continuing along the East right-of-way of Judy Lane for a distance of 100.00 feet to a point for comer; THENCE, NORTH 12°50'12" WEST, continuing along the East right-of-way of Judy Lane for a distance of 100.00 feet to a point for corner; THENCE, NORTH 16°08'12" WEST, continuing along the East right-of-way of Judy Lane for a distance of 67.47', said point being the most Southerly corner of the said Badon tract, also said point being the most Westerly corner of the said Walker tract and the POINT OF BEGINNING of the parcel herein described; March 2009 Parcel 57 Page 2 of 5 EXHIBIT 1) THENCE, NORTH 16°08'12" WEST, continuing along the East right-of-way of Judy Lane for a distance of 107.54 feet to a point for corner, said corner being in the existing Southerly right-of-way of Concord Road and the most Westerly comer of said Badon tract, said corner also being the beginning of a curve turning to the left having a radius of 230.00 feet and being subtended by a chord bearing NORTH 65 010'48" EAST having a chord length of 150.06 feet; 2) THENCE, NORTHEASTERLY, along said curve for an arc length of 152.86 feet to a point for corner in the existing Southerly right-of-way line of Concord Road; 3) THENCE, NORTH 46°08'27" EAST, along the existing Southerly right-of-way of Concord Road for a distance of 24.27 feet to a point for corner, said corner being the most Northerly comer of the said Badon tract, said corner also being the most Westerly corner 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 Volume 2289 Page 59 of the Deed Records of Jefferson County, Texas; 4)' THENCE, SOUTH 43°44'12" EAST, along the Northesterly line of the said Badon tract and the Southwesterly line of the said Night tract for a distance of 35.77 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument' set for corner in the proposed East right-of-way line of Concord Road; 5) THENCE, SOUTH 31 056'02" WEST, along the proposed East right-of-way line of Concord Road for a distance of 112.49 feet to a 518" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed East right-of-way line of Concord Road; 6) THENCE, SOUTH 13 003'58" EAST, along the proposed East right-of-way line of Concord Road for a distance of 34.67 feet to a 518" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed East right-of-way line of Concord Road, said point being in the South line of the said Badon tract and also in the North line of the said Walker tract; 7) THENCE, NORTH 43 048'38" WEST along the South line between the said Badon tract and the North line of the said Walker tract for a distance of 100.84 feet to the POINT OF BEGINNING and containing 0.3509 acre (15,284 square feet) of land. March 2009 Parcel 57 Page 3 of 5 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 DAY OF March 2009. OF r� Nl,.W W HI E Y TLE� •.� 3636 �Q' Mark W. Whiteley, RPLS #3636 •• ;Ss S� u LEGEND n SET 5/8' I. R. WITH CAP STAMPED 'M. W. WHITELEY & ASSOCIATES' CALLED 0.31 ACRES 0 TXDOT CONTROL MONUMENT HARVEY NIGHT ET UX JANUARY 13 1981 0 PARCEL NUMBER VOL 2D139C�G. 59 0 FND PROPERTY CORNER AS NOTED EXISTINRppp R 0 POWER POLE CONCORD � CALLED 24,743 SOFT PROPOSED ROW LINE � JUNE MARIE BADON 57 ----JULY 28, 1997 EXISTING ROW LINE CF. N0. 9722295 OPRJC --�-- PROPERTY LINE P.O.B.EL SURVEY LINE PARCEL SSA pRp COUNTY LINE , c CGNCO�SFD 0o A'040 CALLED 5.446 ACRES S&E 24,743 SO. FT. DAVID CLIFTON WALKER MARK DOUGLAS WALKER ROGER SCOTT WALKER DECEMBER 8, 1995 CF. NO. 9536057 OPRJC FND 5/8" I. ROD W/'MWW C6P BEARS P.D.0 PARCEL 558 CALC. CORNER N86'27'48 E 1.67' PARENT TRACT NOTES: N.T.S. 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. O `O T F� c�- '. .a T EXISTING TAKING REMAINING ACRES ACRES S.F.) ACRES PARCEL 57, �G.�S 6J A: 0, 568 0. 3509/(15,284) 0. 2171 +ARK . WHITEu z— -''D ASSOCIATES INCORPORATED PARCEL PLAT TING ENGINEERS, SHOWING ORS, AND PLANNERS PARCEL 57 ® CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAVMONT. X 26-5492 BE UMON, TEXAS SCALE 1 MARCH 2009 TEXAS SO421 4097-892-1346 SHEET 4 OF 5 EXHIBIT "B" LINE BEARING DISTANCE w CALLED 0.31 ACRES L 1 N04'53'12"W 99.80' J HARVEY NIGHT ET UX JANUARY 13 1981-- L2 N0 7'31'12"W 100.00' z = 56 VO . 2289 k 59 L3< DRJC L3 N 10'14'12"W 100.00' 213+80.36 L4 N12'S0'12"W 100.00' v 187.80RT L5 N16*08'12"W 67.47' Li s°r° L6 N46'08'27"E 24.27' L7 S43'44'1 2"E 35.77' Ag L$ S 13'03'58"E 34.67' ��p�t+AS�gA �p Pp N CALLED 24,743 SQ.FT w f- JUNE MARIE BADON JULY 28 1997 gBgNO m oo �p F CF. NO. 6722295 0 0 O a \OPRJC A �n Gp�G ��G� �,� `) 0 o v z 213+83.86 00- CALLED 5.446 ACRES 75.35RT DAVID CLIFTON WALKER a MARK DOUGLAS WALKER �, 57 ROGER SCOTT WALKER- 213+58.96 < DECEMBER 8 1995 V w cQ CF. NO. 9536057 J 'y� 49.95RT OPRJC �p 6'• CO o � �tK _ o ° X215+DD '�� ��° w PROPOSED BASELINE z j w � i cq O.B. PAR. 57 u N CL CURVE DATA v PI STA-=215+14.19 D o R120016'00' PARCEL PLAT � °• 81200.0000' �?i � <'�' °a ° T358.4954' �� 1=ND 518" I. ROD SHOWING Of `\l L696.7347' \ < WN 6247'48 E BETS PARCEL 5'7 Ch686.9893 O.C. PAR. 57 �' > 004'46'29" CALC. �� ( CONCORD ROAD JEFFERSON COUNTY _ CORNER ! U SCALE 1 " = 50' MARCH 2009 SHEET 5 OF 5 LRecorded El nk ally unty NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NAT .5857 REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING IN 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, JUNE MARIE BADON, TRUSTEE OF THE. JUNE MARIE BADON REVOCABLE LIVING TRUST, DATED MAY 20, 1997, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of NINETY THOUSAND AND NO/100 ($90,000.00) 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 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 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 OjVAJ 92011. E MAR BADON, TRUSTEE OF THE JUNE MARIE BADON REVOCABLE LIVING TRUST, DATED MAY 20, 1997 STATE OF TEXAS X COUNTY OF JEFFERSON X M This instrument was acknowledged before me on this the " f day of I , 2011, by JUNE MARIE BADON, TRUSTEE OF THE JUNE MARIE BADON VOCABLE LIVING TRUST, DATED MAY 20, 1997. INIy • DANIELLE WILLIAMS * "= My COMMISSION EXPIRES Notary Public, tate of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O. Box 3827 Beaumont,TX 77704 EXHIBIT"A" BEING A 0.3509 ACRE (15,284 SQUARE FEET) OF LAND, SITUATED IN THE THOMAS SPEAR SURVEY, ABSTRACT NO. 50, OUT OF AND PART OF 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 9722295 OF THE REAL PROPERTY RECORDS OF JEFFERSON COUNTY, TEXAS, SAID 0.3509 (15,284 SQUARE FEET) ACRE OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF THAT CERTAIN CALLED 5.446 ACRE TRACT HAVING BEEN CONVEYED TO DAVID CLIFTON WALKER, MARK DOUGLAS WALKER AND ROGER SCOTT WALKER, BY DEED DATED DECEMBER 8, 1995, AND BEING RECORDED UNDER CLERK'S FILE 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, SAID POINT ALSO BEING IN THE EAST RIGHT OF WAY OF JUDY LANE, AND FROM SAID POINT A 5/8" IRON ROD WITH CAP STAMPED "M.W. WHITELEY AND ASSOCIATES" BEARS NORTH 86 027'48" EAST A DISTANCE OF 1.67'; THENCE, NORTH 04 053'12" WEST, ALONG THE EAST RIGHT-OF-WAY OF JUDY LANE FOR A DISTANCE OF 99.80 FEET TO A POINT FOR CORNER; THENCE, NORTH 07 031'12" WEST, CONTINUING ALONG THE EAST RIGHT-OF-WAY OF JUDY LANE FOR A DISTANCE OF 100.00 FEET TO A POINT FOR CORNER; THENCE, NORTH 10 014'12" WEST, CONTINUING ALONG THE EAST RIGHT-OF-WAY OF JUDY LANE FOR A DISTANCE OF 100.00 FEET TO A POINT FOR CORNER; THENCE, NORTH 12 050'12" WEST, CONTINUING ALONG THE EAST RIGHT-OF-WAY OF JUDY LANE FOR A DISTANCE OF 100.00 FEET TO A POINT FOR CORNER; THENCE, NORTH 16 008'12" WEST, CONTINUING ALONG THE EAST RIGHT-OF-WAY OF JUDY LANE FORA DISTANCE OF 67.47', SAID POINT BEING THE MOST SOUTHERLY CORNER OF THE SAID BADON TRACT, ALSO SAID POINT BEING THE MOST WESTERLY CORNER OF THE SAID WALKER TRACT AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; 1) THENCE, NORTH 16°08'12" WEST, CONTINUING ALONG THE EAST RIGHT-OF- WAY OF JUDY LANE FOR A DISTANCE OF 107.54 FEET TO A POINT FOR CORNER, SAID CORNER BEING IN THE EXISTING SOUTHERLY RIGHT-OF-WAY OF CONCORD ROAD AND THE MOST WESTERLY CORNER OF SAID BADON TRACT, SAID CORNER ALSO BEING THE BEGINNING OF A CURVE TURNING TO THE LEFT HAVING A RADIUS OF 230.00 FEET AND BEING SUBTENDED BY A CHORD BEARING NORTH 65 010'48" EAST HAVING A CHORD LENGTH OF 150.06 FEET; 2) THENCE, NORTHEASTERLY, ALONG SAID CURVE FOR AN ARC LENGTH OF 152.86 FEET TO A POINT FOR CORNER IN THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF CONCORD ROAD; 3) THENCE, NORTH 46 008'27" EAST, ALONG THE EXISTING SOUTHERLY RIGHT-OF- WAY OF CONCORD ROAD FOR A DISTANCE OF 24.27 FEET TO A POINT FOR CORNER, SAID CORNER BEING THE MOST NORTHERLY CORNER OF THE SAID BADON TRACT, SAID CORNER ALSO BEING THE MOST WESTERLY CORNER 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 VOLUME 2289 PAGE 59 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. 4) THENCE, SOUTH 43 044'12" EAST, ALONG THE NORTHEASTERLY LINE OF THE SAID BADON TRACT AND THE SOUTHWESTERLY LINE OF THE SAID NIGHT TRACT . FOR A DISTANCE OF 35.77 FEET TO A 5/8" IRON ROD WITH CAP STAMPED "CITY OF BEAUMONT ROW MONUMENT" SET FOR CORNER IN THE PROPOSED EAST RIGHT- OF-WAY LINE OF CONCORD ROAD; 5) THENCE, SOUTH 31 056'02" WEST, ALONG THE PROPOSED EAST RIGHT-OF-WAY LINE OF CONCORD ROAD FOR A DISTANCE OF 112.49 FEET TO A 5/8" IRON ROD WITH CAP STAMPED "CITY OF BEAUMONT ROW MONUMENT" SET FOR CORNER IN THE PROPOSED EAST RIGHT-OF-WAY LINE OF CONCORD ROAD; 6) THENCE, SOUTH 13 003'58" EAST, ALONG THE PROPOSED EAST RIGHT-OF-WAY LINE OF CONCORD ROAD FOR A DISTANCE OF 34.67 FEET TO A 5/8" IRON ROD WITH CAP STAMPED "CITY OF BEAUMONT ROW MONUMENT" SET FOR CORNER IN THE PROPOSED EAST RIGHT-OF-WAY LINE OF CONCORD ROAD, SAID POINT BEING IN THE SOUTH LINE OF THE SAID BADON TRACT AND ALSO IN THE NORTH LINE OF THE SAID WALKER TRACT; 7) THENCE, NORTH 43 048'38" WEST ALONG THE SOUTH LINE BETWEEN THE SAID BADON TRACT AND THE NORTH LINE OF THE SAID WALKER TRACT FOR A DISTANCE OF 100.84 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.3509 ACRE (15,284 SQUARE FEET) OF LAND. FILED AND RECORDED OFFICIAL PUBLIC RECORDS aat 2011 Apr 07 02:07 PM Fee: $ 28.00 2011011588 CAROLYN L. GUIDRY COUNTY CLERK JEFFERSON COUNTY TEXAS *Electronically Recorded*