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Home My WebLink AboutRES 11-147 RESOLUTION NO. 11-147 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 #64: 0.1170 acre out of City Plat RS-1, Thomas Spear Survey (7130 Eastex) Value: $40,000.00 Owner: Academy, Ltd. 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 10th day of May, 2011. ,r� ,Oil, -Mayor Becky Ames - s of low June 2009 Parcel 64 Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 64 Being a 0.1170 acre (5,097 square feet) of land, situated in the Thomas Spear League, Abstract No. 50, and being out of and part of that certain called 10.604 acre tract of land having been conveyed to Academy, Ltd from Eastex Four, Ltd, by deed dated June 14, 2007, and being recorded under Clerk's File No. 2007023100 of the Real Property records of Jefferson-County, Texas, said 0.1170 acre (5,097 square feet) of land being ,, more particularly described as follows; COMMENCING at an 1/2" iron rod with cap stamped "F & S" found for a Southeast exterior ell corner of the said 10.604 acre Academy tract and in the North line of that certain tract of land having been conveyed to William J. Travis from Reba Cox Westmoreland, widow of E. S. Westmoreland by deed dated January 14, 1985, and being recorded under Film Code No. 100-88-2352 of the Real Property records of Jefferson County, Texas, and also said point being the West corner of that certain called 1 '/2 acre tract of land having been conveyed to Garland Steve Westmoreland from James T. Gore and wife, Anna M. Gore by deed dated September 5, 1946, and being recorded under Volume 636 Page 324, of the Deed records of Jefferson County, Texas; THENCE, NORTH 40°3933" EAST along the boundary line between the said 10.604 acre Academy tract and the said 1 Y2 acre Westmoreland tract for a distance of 307.82 feet to a 518" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Southwesterly right-of-way line of Concord Road, said point being the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 47 039'01" WEST, along the proposed Southwesterly right-of-way of Concord Road for a distance of 349.12 feet to a 518" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the existing Southwesterly right-of-way line of Concord Road; 2) THENCE, SOUTH 52 026'36" EAST, along the existing Southwesterly right-of-way of Concord Road for a distance of 349.48 feet to a point for corner in the existing Southwesterly right-of-way line of Concord Road, said point being the most Easterly corner of the said 10.604 acre Academy tract and the most Northerly corner of the said 1 1/2 acre Westmoreland tract and from said point a 5/8" iron rod with cap found bears SOUTH 40 039'33" WEST for a distance of 1.65 feet; EXHIBIT "A" June 2009 Parcel 64 Page 2 of 4 EXHIBIT 3) THENCE, SOUTH 40°39'33" WEST for the boundary between the said 10.604 acre Academy tract and the said 1 % acre Westmoreland tract for a distance of 29.21 feet to the POINT OF BEGINNING and containing 0.1170 acre (5,097 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 February 2009 GIVEN UNDER MY HAND AND SEAL THIS THE Z"✓ DAY OF JUNE 2009. <iTELEY. ,.' 6 w ' Mark W. Whiteley, RPLS #3636 �� - SU LEGEND ■ SET 5/8' 1. R, WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTROL MONUMENT O PARCEL NUMBER 0 FND PROPERTY CORNER AS NOTED POWER POLE PROPOSED ROW LINE THOMAS SPEAR SURVEY ABSTRACT NO. 50 EXISTING ROW LINE —� --- -- PROPERTY LINE — — SURVEY LINE PARENT TRACT N.T.S. COUNTY LINE 00, cQ� 0 CALLED 10.604 ACRES '1'O ACADEMY, LTD 64 CALLED 1.50 ACRES JUNE 14, 2007 MAND STEVE WESTMORELAND CF. NO. 077023100 SEPTEMBER 5, 1946 O VOL. 636, PG. 324 -- DRJC P.Q.B. P.O.0 PARCEL 64 PARCEL 64 THOMAS C.2il(1CAN, ET AL FND. 112" 1. ROD C aY t0$ 1993 449 W\CAP OPRJC N MajAM J. TRAVIS SH 105 G.S. WESTMORELAND JANUARY 14, 1985 APRIL 19 1955 Ft~ N0. 100-88-2352 VOL. 973 PG 633 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. s< � FV,�F,arC+ ' ;•.;�' TAKING REMAINING EXISTING ACRES ACRES S.F.) ACRES ~q"'•:�F -,`•�,��`'� PARCEL 64, ••.....�•..JG l i0. 604 0, 1170/(50977 10, 487 MARK W. WHITELEY ~� ° AND ASSOCIATES INCORPORATED PARCEL PLAT SHOWING CONSULTING SURVEYORS, SAND PLANNERS PARCEL 64 0 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 9250 EASTER PRWY. BEAUMONT. 8 AS 77728-5492 BELAY,NT. 89291940 3 SCALE 1 = 50' JUNE 2009 SHEET 3 OF 4 EXHIBIT "B" ai C- n s �J R D ROAD � FWD 5/8" I. ROD W\CAP BEARS - J IJ Q S40'39'33V 1.65 PROPOSED B SELtNE_ 7+00 N47'41'17.56"W 489.24 -- INGRTGfl - --- S52'26'36"E 349.48' -- 47'39'0I"W 349.12' 8+79.48 1 ---�"_f-�'` PROPOSED RIGHT OF WAY f- 25,80 LT P? STA. = 8+33.94 5+28.55 v L=04°51'24 Rv�� 64 P.O.B. PAR. 64 30.00 LT R=2000.0000' S� T=84.8139' S GJ� OD L=169.5263' PS I��' CALLED 10.604 ACRES 000 63 = Ch=169.4756' `� SZR�'CT ACADEMY, LTD w a �B JUNE 14, 2007 0 D=02 51'53 CF, NO. 2007023100 CALLED 1,5 ACRES OPRJC GARLAND STEVE WESTMORELAND VOL, 636, PG. 324 -"' DRJC rn 0 z P.O.C. PAR. 64 FND 1/2" I. ROD \CAP LINE BEARING DISTANCE PARCEL PLAT L 1 S40'39'33"W 29.21' SHOWING PARCEL 64 CONCORD ROAD JEFFERSON COUNTY SCALE 1 " = 50' JUNE 2009 SHEET 4 OF 4 i DD 101191417 7 PGS NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STR= ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT'THAT TRANSFERS AN D TF.RST 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 716XAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF J-C-�M X It 421 _Tvb. SPECIAL. WARRANTY DEED That, C & H REALTY, LLC, a New York limited liability company, hereinafter called GRANTOR for and in consideration of the sum of FORTY THOUSAND AND N01100 ($40,000.00) DOLLARS and other good and valuable consideration, to it in land 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. 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 it's 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 s the claim is by,through,or under GRANTOR but not otherwise. EXECUTED this the day of Joe,2011. C&H Realty, LLC,a New York limited liability company By. Nicholas Haros,Vanaging Member STATE OF A X COUNTY OF GEL*"f X This instrument was acknowledged before me on AIW , 2011, by Nicholas Haros, Managing Member of C&H REALTY, LLC,a New York limited liability company known to me to be the person and officer whose name is subscribed tD the foregoing instrument and acknowledged to me that the same was the act on behalf of said C & H REALTY, LLC, that halshe executed the same for the purpose and consideration expressed and in the capacity stated. ;R4y GIVEN UNDER MY HAND AND SEAL OF OFFICE,this aday of.3a�2011. Notary Pub 4b, of FRANK G.MESSINA MOTARy PUBLIC-STATE OF NEW YORK No.02ME4766488 RETURN TO: City of Beaumont QUALIFIED IN NEW YORK COUNTY do Antoinette Hardy MY COMMISSION EXPIi2E5 SEPT-14,2011 P.O.Box 3927 Beaumont,TX 77704 June 2009 Parcel 64 Page 1 of 4 EXHIBIT County. Jefferson Highway. Concord Road Project Limits: East Lucas to US 96, 69,287 PROPERTY DESCRIPTION FOR PARCEL 84 Being a 0.1170 acre(5,087 square feet)of land, situeted In the Thomas Spear League, Abstrect.No. 50, and being.out of and.part-of that.certain called 10,504.wm tact of land haves boon conveyed to Academy, Ltd from Easbx Four, LW, by deed dated June 14, . 2007, and being recorded under Clerk's File No. 2007023100 of the Real Property records of Jeft mon.County, Texas, said 0.1170 acre (6,097 square feet) of land being,. more partic ulady described as follom; COMLENCING at an 1/2* iron rod with cap stamped "F S S'found for a Southeast exterior ell comer of the said 10.604 acre Academy tract and in the North line of that certain tract of land having been conv"o to W am J. Travis from Reba Cox Westmoreland, widow of E. S.Westmoreland by deed dated January 14, 1985, and being recorded under Film Code No. 100-68-2352 of the Reel Property records of Jefferson County, Texas, and also said point being the West owner of that certain called 1 % acre tract of land having been conveyed to Garland Steve Werhrroretand from Jaynes T. Gore and wife,Anna M. Gore by deed dated Sepbamber 5, 1941% and being recorded under Volume 836 Page 324, of the Deed records of Jeftrrson County, Texas; THENCE, NORTH 40 039'33" EAST along the boundary line between the said 10.604 acre Academy tract and the said 1 A acre Wastmomiand erect for distance of 307.82 feet to a 51W iron rod with cap stamped "CUy of Beaumont ROW Monument"set for comer In the proposed Soutwoestarly rigWrof-way line of Concord Road, said point being the POINT OF BEGMAING of the parcel herein described; 1) THENCE, NORTH 47°39'01" WEST, akxg the proposed SoWVWVstarly.right-of-vay of Concord Road for a dance of 349.12 feet to a 518" Iron rod wkh cap stamped "City of Beaumont ROW Monument" set for corner In the existing Southwesterly right-of-way fine of Concord Road; 2) THENCE, SOUTH 52°26'36" EAST, along the existing Southwesterly dghW way of Concord Road for a distance of 349.48 feet to a point for comer In the existing Southwesterly right-of-way line of Concord Road, said point being the most Easterly comer of the said 10.604 acre Academy tract and the most Northerly comer of the said 1 V2 acre Westmoreland tract and from'said pob t a 518" Iron rod with cap found bears SOUTH 40°39'33"WEST for a distance of 1.65 That June 2009 Parcel 64 E;XHBIT �t^ Page Z of 4 3) THENCE, SOUTH 40°39'33"WEST for the boundary between the said 10.804 acre Academy tract and the said 1 %acre Westmoreland trad for a distance of 29.21 feet to the POINT OF BEGINNING and containing 0.1170 acre (5,057 square feet) of land. A parcel plat of even date accompanies this property description. - I, Mark W. Whiteley, Registered Professional UvW Surveyor No. 3638, in the State of Texas, do hereby certify that the above field notes comedy rafted an actual survey . made under my supervision and the limits, boundaries and comers are truly shown Just as found at the time c f the survey. Surveyed February 2009 GIVEN UNDER W HAND AND SEAL THIS THE DAY OF JUNE 2009. o>;,.F B T�q"•qL� � ++�Q4 Mark W.Whiteley, RPLS#3636 .....ar sss�o J su LEGEND ■ SET 3/8' L R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' 0 TXDOT CONTROL MONUMENT 0 PARCEL NUMBER o FND PROPERTY CORNER AS NOTED P13WER POLE PROPOSED ROW LINE EXISTING ROW LINE PROPERTY LINE -- SURVEY LINE PARENT TRACT COUNTY LINE _ N.T.S. OWED IM ARE 14, =1 volomm CF NO. tib im M44 P.O.& P. .0 P CEL 644 PAM 64 1 1. RM L , W\CAP ti SF1 105 TA�MLS GS IM Fmt IOD;Wzm Yt>Z ITS 6JJ 9E4RINCS AND O STANCES SHOW MCLOSED IN PARENTHESES ARE CALLED W-VWS AND DISTANCES IN THE DESCRIPTION OF THI: PARENT TRACT. SURVEYED FEBRU"Y 2009 A PROPERTY DESCRY WN OF M DATE ACCOWAMB TWS PARCEL PUTT. OF•.E` ST6�.'I.r„ ¢ .rY MM ....•• EXISTING TAKING REMAINING .i o ACRES ACRES S F. ACRES ,rF•..��SRY: �'3` PAM 64, 10. 487 MARK W. KAY SU�� 10.604 p.11?of(50971 AND ASSOCIATES INCORPORATED PARCEL PLAT Colfmnmc em1i6m, SHOWING SURVEYORS, AM PLWMM PARCEL 64 0 CONCORD ROAD JEFFERSON COUNTY mmuwN44bswOt7 *64iZ InU6 Tt 103 n SCALE 1 50 JUNE 2009 SHEET 3 OF 4 M �t �y ��R fl R OAD�� 5�8' � SOD �� I� ka 0 n S4V3'9 33'111 1.65 EUNE { 111705 "W ROP 4T 489.24 PR ID RIGHT OF WAY � _- +79.4$ 25.80 LT PI STA. = 8+33.94 5+28.55 L1=04'51'24' O P.O.B. PAR. 64 30.00 LT R=2000.0000' $ T=84.8139' $ $4� Q. CALLED 10.604 ACRES L=169.5263' Q�f►@+ ACADEMY, LTD c @ Ch=169.4756` JUNE 14, 2007 oo 51 Cr. N 2007023100 CALLED IS ACRES w GARLAND STEVE VESTNIZELAND i� VR. 636, PG. 324 =� wit v, M O d Z P.O.C. PAR_64 FIND 1/2m I. ROD CAP LINE BMING =TIME PARCEL PLAT L i 540'3933"W 29.21- 1 SHOWING PARCEL 64 CONCORD ROAD JEFFERSON COUNTY SCALE 1" = 50' JUNE 2009 SHEET 4 OF 4 I NOT 2011024109 3 PGS 11421-TW NOTICE TO PURCHASERS (Jefferson County Drainage District No.6) The real property described below, which you are about to purchase, is located in Jefferson County Drainage District No. 6. The District has taxing authority separate from any other taxing authority and may, subject to voter approval,issue an unlimited rate of tax in payment of such bonds. As of this date, the rate of taxes levied by the District on real property located in the District is 20.5587 cents on each$100 of assessed valuation. The total amount of bonds that have been approved by the voters and which may be issued by the District (excluding refunding bonds and any bonds or portion of bonds payable solely from revenues received or expected to be received pursuant to a contract with a governmental entity) is $0; however, contract revenue refunding bonds have been approved by the District's Board in the following original amounts Series 2003 - $4,995,000. The aggregate initial principal amount of all bonds of the District payable in whole or part from taxes (excluding refunding bonds and any bonds or portion of bonds payable solely from revenues received or expected to be received pursuant to a contract with a governmental entity) that have been previously issued is $0, however, the current principal amounts of contract revenue refunding bonds outstanding are as follows: Series 2003 Contract Revenue Refunding Bonds - $3,590,000. The contract revenue refunding bonds are serviced through taxes collected for maintenance and operating. Funds from maintenance and operating are transferred to debt service for annual installments toward payment of the contract revenue refunding bonds. No separate tax is collected for contract revenue refunding bonds. The District does not impose a standby fee. The purpose of this District is to provide drainage or flood control facilities and services within the District through the issuance of bonds payable in whole or in part from property taxes. The cost of these utility facilities is not included in the purchase price of your property,and these utility facilities are owned or to be owned by the District. The legal description of the property which you are aoquiring is as follows: Being a 0.1170 acre(5,097 square feet)of land,situated in the Thomas Spear League,Abstract No. 50, and being out of and part of that certain called 10.604 acre tract of land having been conveyed to Academy,Ltd from Eastex Four,Ltd,by deed dated June 14,2007,and being recorded under Clerk's File No.2007023100 of the Real Property records of Jefferson County, Texas, said 0.1170 acre(5,097 square feet)of land being more particularly described as follows; COMMENCING at an 1/2"iron rod with cap stamped"F&S"found for a Southeast exterior ell corner of the said 10.604 acre Academy tract and in the North line of that certain tract of land having been conveyed to William J.Travis from Reba Cox Westmoreland,widow of E. S. Westmoreland by deed dated January 14, 1985,and being recorded under Film Code No. 100- 88-2352 of the Real Property records of Jefferson County,Texas,and also said point being the West corner of that certain called 1 %acre tract of land having been conveyed to Garland Steve Westmoreland from James T. Gore and wife,Anna M.Gore by deed dated September 5, 1946, and being recorded under Volume 636 Page 324,of the Deed records of Jefferson County, Texas; 11421-TW THENCE,NORTH 40 039'33" EAST along the boundary line between the said 10.604 acre Academy tract and the said 1 'A acre Westmoreland tract for a distance of 307.82 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwesterly right-of-way line of Concord Road,said point being the POINT OF BEGINNING of the parcel herein described; 1) THENCE,NORTH 47°39'01"WEST,along the proposed Southwesterly right-of-way of Concord Road for a distance of 349.12 feet to a 5/8" iron rod with cap stamped"City of Beaumont ROW Monument" set for corner in the existing Southwesterly right-of-way line of Concord Road; 2) THENCE,SOUTH 52°2636"EAST,along the existing Southwesterly right-of-way of Concord Road for a distance of 349.48 feet to a point for corner in the existing Southwesterly right-of-way line of Concord Road, said point being the most Easterly comer of the said 10.604 acre Academy tract and the most Northerly corner of the said 1 V2 acre Westmoreland tract and from said point a 5/8"iron rod with cap found bears SOUTH 40°39'33"WEST for a distance of 1.65 feet; 3) THENCE,SOUTH 40 03933"WEST for the boundary between the said 10.604 acre Academy tract and the said 1 Vi acre Westmoreland tract for a distance of 29.21 feet to the POINT OF BEGINNING and containing 0.1170 acre(5,097 square feet)of land. C & H Realty, LLC, a New York limited liability Date company BY: C S Nicholas Hifos,Managing Member PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of the real property described in such notice or at closing of purchase of the real property. 2tj�l� City of aeaumprit Date BY: Antoinette Hardy,Real Property Coordinator 11421-TW THE STATE OF eq1 f'O'f1C COUNTY OF CY, 6(ee:A1 f . q�71.2, This instrument was acknowledged before me one ,2011,by Nicholas Haros,Managing Member of C &H Realty,LLC,a New York limited liability company. Notary Public,State of Tim I✓ ®�/� FRANK G.MESSINA NOTARY PUBLIC-STATE OF NEW YORK NO.02ME4766488 QUALIFIED IN NEW YORK COUNTY MY COMMISSION EXPIRES SEPT.14,2011 THE STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me o ,2011,by Antoinette Hardy,Real Property Coordinator for the City of Beaumont. o c, of Texas �( Y°gym TAMMY WILLIAMS t ' y Notary Public,State Of Texas 1 OF t My COMMission Expires t 11-21-2013 t After recording,return to: City of Beaumont P.O. Box 3827 FILED AND RECORDED Beaumont,TX 77704-3827 Attn.: Antoinette Hardy OFFICIAL PUBLIC RECORDS 2011 Jul 22, 04:15 PM 2811824189 JAMES: $24.00 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY, TEXAS