HomeMy WebLinkAboutRES 01-261 RESOLUTION NO. 01-261
WHEREAS, the City Council of the City of Beaumont deems it necessary that
improvements to FM 364/Major Drive from State Highway 105 to State Highway 124 be
made; and,
WHEREAS, the City Council has found that a public necessity exists requiring
improvements on the hereinafter described property:
Parcel 16 0.300 acre out of Tract 8, H. T. & B. RR.
Appraiser: Bishop Real Estate Appraisers, Inc.
Total Appraised Value: $4,125
Owner: Mary Jane Phelan
and,
WHEREAS, the City Council deems it necessary to acquire the hereinafter
described interests in and to the hereinafter described property for improvements to FM
364/Major Drive from State Highway 105 to State Highway 124, and has found and
determined that said interests in and to the hereinafter described land is suited for such
purposes and that it is necessary to acquire same for said purposes; and,
WHEREAS, the City of Beaumont, through its duly authorized representative, has
negotiated in good faith with the owner of the hereinafter described land and has been
unable to agree with such owner of such property as to the fair market value thereof and
damages, if any, and further negotiations for settlement have become futile and
impossible;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be and he is hereby authorized and directed to file or cause to be
filed against the owner of the following parcel of land, and all claimants of any interest
therein, proceedings in Eminent Domain to acquire fee simple title for said purposes, in
and to the said parcel of land shown in Exhibit "A" attached hereto and made a part
hereof, the parcels of land being situated in Beaumont, Jefferson County, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
November, 2001.
- Mayor -
PARCEL NO. 16
0.300 Acre
F.M. Highway 364
Being 0.300 acre of land, more or less, out of and apart of the H.T. &B.R.R Survey,
Section No. 1, Abstract Number 138 in Jefferson County, Texas and being out of and a
1.09 acre tract which is the remainder of the 24.54 acre tract of land conveyed to-Mary
Jane Phelan by deed of record in Volume 2063, Page 379 of the Deed Records of
Jefferson County, Texas, said 0.300 acre of land being more particularly described as
follows:
BEGINNING at a iron rod with cap set for corner in the north line of said 24.54 acre tract
in the proposed west right of way line for F.M. Highway 364 and being located North 87°
1 P51" East a distance of 419.46 feet from a 5/8" iron rod found for the most northerly
northeast corner of the 22.77 acre tract out of said 24.54 acre tract described in the deed
recorded in Film File Code Number 100-26-2437 of the Real Property Records of
Jefferson County, Texas; -
THENCE North 870 11' 51" East with the north line of said 24.54 acre tract a distance of
40.57 feet to a 5/8" iron rod found for the northeast corner of said tract and being in the
existing west right of way line for F.M. Highway 364;
THENCE South 020 52' 56" East with the east line of said tract and said existing west
right of way line a distance of 341.12 feet to a 5/8" iron rod found for the most Southerly
northeast corner of said 22.77 acre tract;
THENCE North 560 16' 21" West with the north line of said 22.77 acre tract a distance of
49.13 feet to a iron rod with cap set for corner in the proposed west right of way line for
F.M. Highway 364, the same being the Southeast corner of that certain 0.679 acre tract as
conveyed by Mary Jane Phelan to Patrick Henry Phelan, Trustee and Michael Arthur
Phelan, Trustee, in deed dated November 17, 1998, recorded in Clerk's file number 98-
9844571, Official Public Records of Real Property, Jefferson County, Texas;
THENCE North 030 05' 22" West with said proposed west right of way line at a distance
of 81.20 feet pass the Northeast corner of said 0.679 acre tract and continuing for a
;,f 311.88 feet to the place
1
Said tract c land erein desCriMdc ta ins 0.300 o an ore or less.
WHITELEY
Mark W. Whiteley < 9 3636 A,Q
R.P.L.S. No. 3636 9,f,��ESS1:�y�
SuVO
This field note description revised on as to adjoinder. Fi survey not performed and
acreage shown per James A. Skinner, RPLS # 1614. REV dat 2-04-2000
EXHIBIT "A"
MARK W. WHITELEY AND ASSOCIATES, INC.