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HomeMy WebLinkAboutRES 90-079 t�- 90 - 7 9 R E S O L U T I O N WHEREAS, an agreement has been negotiated for the acquisition of right-of-way for the Major Drive (FM 364) Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the following parcels of land for the Major Drive (FM 364) Project be, and the same is hereby, approved: Parcel 153 : 0. 169 acre of land out of the A. Huston Survey (Partial taking) , located on the west side of Major Drive approximately 60 feet north of the intersection of Collier Road and Major Drive. Owner: Mrs. Vivian Margaret Malley Appraised Value: $5, 058. 00 Less Retention Value: 0. 00 Total Compensation: $5, 058. 00 Parcel 156: 0. 080 acres of land out of the Hezekiah Williams Survey. (Partial Taking) located at the northeast intersection of Shiloh Drive and Major Drive. Owner: Church of Christ at Amelia Appraised Value: $4, 656. 00 Less Retention Value: 10. 00 (Sign and Underground Wiring) Total Compensation: $4, 646. 00 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 day ofQ.r-r/ , 1990. - Mayor - 9 � I '3 1° 7 j, 9 'd y State Department of -lays And Public Transportat Parcel No . 153 Form D-15-14 = � Page 1 of 4 > Rev. 7-75 r' 59334-VB DEED O� O THE STATE OF TEXAS X COUNTY OF JEFFERSON ) KNOW ALL MEN BY THESE PRESENTS: O Cn That I, Vivian Malley of the County of Jefferson State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of FIVE THOUSAND FIFTY-EIGHT AND NO/100. . . . . . . .�. . . . . . . . . . . . . .($��,058.00 ) Dollars to Grantors in hand paid by the State of Texas, acting by and through the State Highway and Public Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day sold, and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas, all that certain tract or parcel of land in Jefferson County, Texas, and being more particularly described as follows, to wit: Being 0 . 169 acre of land, more or less , out of and a part of that certain 3. 92 acre tract of land in the A. Huston Survey, Abstract No. 33, in Jefferson County , Texas , that was conveyed to Vivian Margaret Malley by deed of record in Volume 2167, Page 266 of the Deed Records of Jefferson County, Texas, which 0 . 169 acre of land, more or less , being additional right-of-way for FM Highway 364, and being more fully described by metes and bounds as follows : COMMENCING at a 2 inch iron pipe, being the northwest corner of a 27.161 acre tract conveyed to G. F. Stagg, et ux in deed recorded in Volume 532, Page 488 of the Deed Records of Jefferson County, Texas , THENCE North 87 010117" East a distance of 1111. 25 feet to a point in the proposed west right-of-way line of FM Highway 364 and the north line of said 3. 92 acre tract for the place of BEGINNING; THENCE North 87 010 ' 17" East with the north line of said 3 .92 acre tract a distance of 30. 92 feet to a 2 inch iron pipe for corner, being the northeast corner of said 3. 92 acre tract and in the existing west right-of-way line of FM Highway 364 ; THENCE South 03 007119" East with the existing west right-of-way line and the east line of said 3. 92 acre tract a distance of 236. 57 feet to a 1/2 inch iron rod for corner, being the southeast corner of said 3. 92 acre tract and the most easterly, northeast corner of said 27 . 161 acre tract; M Form D-15-14 ~ Page 2 of 4 ►i `0 1 17 12 2 Rev. 4-75 THENCE South 87 110 ' 17" West with the south line of said 3.92 acre tract a distance of 31. 34 feet to a point in the proposed west right-of-way line of FM Highway 364 ; THENCE North 03 001109" West with the proposed west right-of-way line of FM Highway 364 a distance of 236. 57 feet to the place of BEGINNING. Said tract of land herein described contains 0 . 169- acre of land, more or less . Form D-15-14 � " Page 3of4 Rev. 4-75 SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the above described property, to wit: NONE Grantors covenant and agree to remove the above described improvements from said land by N/A , 19 , subject, however, to such extensions of time as may be granted by the State in writing; and if, for any reason, Grantors fail or re- fuse to remove same within said period of time prescribed, then, without any further consideration, the title to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever. Grantors reserve 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; however, nothing in this reserva- tion shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the above described premises herein conveyed together with all and singular the rights and appurtenances thereo in anywise belonging, unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this instrument is executed on this the day of May 1990 Vivian Malley SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS County of --_JEFEERM ---------------__--_------__ _-__ Before me_ -----------------------------------------------_-_--_--- a notary public in and for said County and State, on this day personally appeared _____Vi vi an__Mal_1 ey___________- __--_-__-----____--__---____, known to me (or proved to me on the oath of ----------------------------------------------------------- a credible witness) to be the person ______ whose name is- -_---------subscribed to the foregoing instrument and acknowledged to me that ­She---- executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this the day of May _— 19 9Q_: a m ~ Notary Public in and for _______ ________ _________ __________ County, Texas. I 4 q- Form D~15~14 Page 4 of 4 Rev. 1O~0l wO"~^O�^=^T^O^ ="�=^,~^,,L="^G�^=^"T STATE OIpTEXAS Countyof ----__------'_------------'----'_--_----'� ]0EF0RID ME, the undersigned authority, a notary public in and for-------------------_---------------------County, Texas, no this day personally appeared----------------------------------------------------------------_---------------------------------------------------' -------------------------_---------------------, of -------------------_------------------------------------------------------ known to 000 to be the person and officer vpboom name is subscribed to the foregoing iuotroxuoot and acknowledged to me that the ouooe was the amt of the said------------------------------------------------------------- acorpora±inn and that he en000tod the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under ozy hand and seal of office, this the ----------------day of------------------------------------------------- 1S-----. -----------'----------------- ---------------------------------- ------------------ Notary Public in and for---------------------------------------------------------------------County, Texas. no V o I co w 41 o �u w cc r^ � � � m � 04�� oo � LO Go - '= nn 01� ~ E- W � ' | � o oo � i -4 i � — J� o o=, ~r^ � � / '~m �Z w ~� w � ^ � ~ m Q) � � w � w � z- � , ��� n� ~ ^� � �po | � 001 o ~ '^ o Cq . (0 | i r3 M 4-) �� . ' | E. ENDORSEMENTS THE 0 T Jk T E OF T E X A S , County of ---------_---_-_-- � I, ------------------------------------------'-'-------------------- Clerk of the County Court of said {]nooty, do hereby certify that the foregoing instrument of writing' dated the ------------ day nf ---_-----------------_A. D. I9----' with its authentication, was filed for record in nay office oo the-----------day of------------------------ A. D. 19'__- m±---_---------o'clock ------M., and duly recorded this the-------------------day nf-------------------------------~A.D. 19'---- at_-----------o'clock -'_M° in the Deed Records of said County, in Volume --- ------------ on Page-_--_-_-'--_, Witness my hand and the seal of the County Court ofsaid Couoty, at office in ------------------------------------- Texas, the day and year last above written. --'------'-----------'---'— Clark of Court, Texas. . By Deputy. ' T . 7 1- 1 FILED FOR REt ..,D MAY `90 COUNT Y CLERX STATE ur YEnAS Cauiii Y OF JEFFERSON JEFFERSON COUNTY,TEXAS 1 hereby certify That this Instrument was filed on the dote and time slamped hereon by me and was duly recorded In the Official Public Records of Real Property of Jefferson County,Texas,on MAY 14 1990 County Clerk,Jefferson County,10as State Dgpartment of F sways Parcel No. 156 and Publi , TransportatL'Form D-15-14 J 3 1 7 2065 Page 1 of 4 CV Rev. 7-75 - 60964-VB M DEED O THE STATE OF TEXAS X C" X COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS: That CHURCH OF CHRIST AT AMELIA also known as CHURCH OF CHRIST OF AMELIA,. of the County of JEFFERSON State of Texas, hereinafter referred . to as Grantors, whether one or more, for and in consideration of the sum of FOUR THOUSAND SIX HUNDRED FORTY-SIX AND N01100 ------------($4,646.00 ) Dollars to Grantors in hand paid by the State of Texas, acting by and through the State Highway and Public Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day sold, and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas, all that certain tract or parcel of land in Jefferson County, Texas, and being more particularly described as follows, to wit: Being 0 . 080 acre of land, more or less , out of and a part of that certain tract of land in the Hezekiah Williams Survey, Abstract No. 56 , in Jefferson County, Texas , that was conveyed to Trustees of Church of Christ of Amelia by deed of record in Volume 1106 , Page 180 of the Deed Records of Jefferson County, Texas , which 0 . 080 acre of land, more or less , being additional right-of-way for FM Highway 364, and being more fully described by metes and bounds as follows : COMMENCING at the southeast corner of said Church of Christ tract, being in the north line of Shiloh Drive, THENCE South 87 002 ' 05" West with the north line of Shiloh Drive a distance of 120 . 44 feet to the point of intersection of the south line of said Church of Christ tract and the proposed east right-of-way line of FM Highway 364 for the place of BEGINNING; THENCE North 03 000130" West with the proposed east right-of-way line of FM Highway 364 a distance of 117.50 feet to a point in the north line of said Church of Christ tract, being the southwest corner of Longmeadow Addition as recorded in Volume 12, Page 34 of the Map Records of Jefferson County, Texas; THENCE South 87 002105" West with the north line of said Church of Christ tract a distance of 29. 56 feet to the northwest corner of said Church of Christ tract, being in the existing east right-of-way line of FM Highway 364 ; Form D-15-14 Page 2of4 :103 17 2066 Rev. 4-75 i THENCE South 03 000 ' 30" East with the west line of said Church of Christ tract and the existing east right-of-way line of FM Highway 364 a distance of 117. 50 feet to the southwest corner of said Church of Christ tract, being in the north line of Shiloh Drive; THENCE North 87°02 ' 05" East with the south line of said Church of Christ tract and the north line of Shiloh Drive a distance of 29 . 56 feet to the place of BEGINNING. Said tract of land herein described contains 0. 080 acre of land, more or less. 1t 4uUi Form D-15-14 page 3 of 4 Rev. 4-75 SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the above described property, to wit: Sign and underground wire Grantors covenant and agree to remove the above described improvements from said land by June 1 , 19 90 , subject, however, to such extensions of time as may be granted by the State in writing; and if, for any reason, Grantors fail or re- fuse to remove same within said period of time prescribed, then, without any further consideration, the title to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever. Grantors reserve 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; however, nothing in this reserva- tion shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the above described premises herein conveyed together with all and singular the rights and appurtenances thereo in anywise belonging, unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNES,Q WHEREOF, this instrument is executed on this the day of 19 90 CHURCH OF ARIST AT AMELIAt aka CHURC OF C -IST OF ,AMELIA By: ' Danny Browrf B : Its: Authorized Member Virg O. Faires,i Jr Its: Minister By � '«'N'`' '� William B. Knupple Its: Authorized Member- SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS Je County of - -- -/---fferson--------------------------------- ---- Before me, __�!'_t_Y!_ N___�!a _w e_1 J___--__, a notary public in and for said County and State, on this day personally appeared ___Virgil_O._ Faires,_ Jr.,� Danny Brown, and William B.-Knupple,, ------------- ------------ ---------------------- known to me (crWM" 14= #* Wfcxxxxxxxxxxxxxxxxxxxxxxxx-xxxxyax&MW*AN) to be the person s____ whose na.mes___- -__are--subscribed to the foregoing instrument and acknowledged to me that t_he_y_ executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this the _�-`w day of _— g 90_-_ p. Notary Public in and for --the_State of ----------- ------- MAW Texas. � Form D~15~14 Page 4 of 4 Rev. l0~6l CORPORATION '~=~~^,~,,~ED~,,E^,T ~�~ STATE OF TEXAS ~= Countyof ----------'---_-_--------'--'----'------'--� ]0EF}RID ME, the undersigned authority, a notary public in and for-------'_---------_---------------------County, Texas, on this day personally appeared------------------------------------------------------------_------------------------------------------------------, r~� -------------------------------------------- of -------------------------------------------------------------------------- known to me to be the person --' and officer whose oomm is subscribed to the foregoing instrument and acknowledged to me that the ouoza ^~~ co was the act of the said------------------------------------------------------------ s corporation and that b e-rocutedtba same amthe act of such corporation for the purposes and consideration therein ezDraouod, and iothe capacity therein otstmd. Given under noy hand and seal mf office, this the --------day of-------------------- ----------------------------- 19--------- __-_-'_----'-------------------------------_---------------------------------- Notary Public in and for------------------------------------------------------------- -------County, Texas. w � 0 -4 a Aj C40 ! C40 I co � � o � Cn - - � � ^ || r�w r`~ 00� -14 «o� l� w m 4-4 " , o 4-4 � | � �z xm � � so Cd �D 44 � om ~ � ��ra � Z | � �� ^` w m \ | v � p o O +' F+ ! `_4 i ~~ 41 0 r. o N U 0 ~- o p = ! | U i U �� ' 8 �z ' | �� 0 �D m " U � � � � ' / " - . o � � n � � � �� uP4 ENDORSEMENTS THE S T A T E OF TEXAS , 05/14/10 RU 90 1430121 County of --------- _'_--_---'_-__�_ y I, ------------------------------------------'_---------------_---- Clerk of the County Court of said County, dm hereby certify that the foregoing iootrnzumot of writing, dated the ------------ day of ---_-------------------A. D. I9-''--' with its authentication, was filed for record in my office uo the--- -------8aynf------------------------ A. D. 19-__' at---_---------o'clock ------M., and duly recorded this the------- ----------day of-----------------------------------A'I;' 1S'---_ ut__-_---'o'clook ------M° bu the Deed Records ofsaid County, in Volume -_------__ mo Page_--'__--'_--. Witness my buod and the seal of the County Court ofsaid County, at office in ------------------------------------- Texas, the day and year last above written. ^ ' Clerk of Court, ____--_-- ---------------County, Texas. , . By ----''- Deputy. 103 17 2069 FILED FOR RECORD COUNTY of Jlfremm STATE OF TEXAS COUNTY 1 hereby certify that thtf instrument wa, filed on r +� i e dots and time stamped hereon by me and Was duly may +s+fi i _dy{ thin the official Public Records of Real Properly recorded Texas,on of Jefferson County, COUNTY CLERK MAY 16 1990 JEFFERSON COUNTY,TEXAS , County Clerk,Jefferson County.texas