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Home My WebLink AboutRES 05-162 II RESOLUTION NO. 05-162 WHEREAS, the City Council of the City of Beaumont deems it necessary that property located at 975 Wall Street (Parcel 3) be acquired for the Martin Luther King, Jr. Park Project; and, WHEREAS, the City Council has found that a public necessity exists requiring the hereinafter described property: Parcel 3: Lot 8 of Block 9 of the Van Wormer Addition Appraised Value: $25,000 Appraiser: Bishop Real Estate Appraisers Owners: Azad Deen and wife, Rosalind Deen; and, WHEREAS, the City Council deems it necessary to acquire the hereinafter described interests in and to the hereinafter described property for the Martin Luther King, Jr. Park Project, 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 representatives, has negotiated in good fai th with th e owners o f th e hereinafter described land and has been unable to agree with such owners 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 all owners 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 26th day of July, 2005. ,�.,�.�,-•..`►owe UMO/1!j-�`!!1� i � f Mayor Guy N. Goodson - r �s C2 C ? a h sO'jq s \h g. :? 'o. " A 's ,t � �, yea od � g� 66 ,�O• � g h h° ti D o';° ��' h° � g Aso ° y° go �`'\ „ '�°o�� F� ��P °m ��"• 0 'o 6 `r a 33,9 `� e'..' '�§601 •" hp4 cP a G. 4' �-., dip,. ' � • \e ks PARCEL ' '>' ` her ,/' .. .� � •/j. dip -�.�•l4 YF� 1{� o, r �ct � AO loll - ' o0 _ •a B _ 5 ;' �. _ ,., , � \ � 41 •w of 6� ,9 'E.XHIBAT, CITY OF BEAUMONT ...... PUBLIC WORKS = INTEROFFICE MEMORANDUM February 27, 2007 TO: Tina Broussard, Interim City Clerk FROM: Ilona N. Baker, Real Property Specialist SUBJECT: Instrument for Filing-Martin Luther King Jr.Park COMMENTS Enclosed please find recorded copy of the following: Martin Luther King Jr.Park 1. Grantor: Robert Tinkle Trust 902-26 College/L 1,2,3, 11-12,B 9,Van Wormer Final Judgment- [Cause# 103541][Res. #05-2561 =+ N) Co � \mlk_2007 Juocv .103541 . DOCUMENT #2951905 0 PG NO.103541 IIIIIIIIIIIIIAIIIIIINIIINIIIII�UIIIIIIIINII�lllllnl JDG 2007006473 III 4 PGS THE CITY OF BEAUMONT, § PROCEEDINGS IN EMINENT DOMAIN PLAINTIFF vs. § § COUNTY.COURT OF JEFFERSON ROBERT JAMES TINKLE TRUST, § DEFENDANT § COUNTY, TEXAS, AT LAW NO. 1 JUDGMENT That on the date below-written, there came on to be heard and considered the decision of the Special Commissioners filed on the12th day of May, 2006, with the Judge of the County Court at Law No. 1, Jefferson County, Texas, in the above-entitled condemnation proceeding in which the City of Beaumont is the Condemnor and Plaintiff, and the Robert James Tinkle Trust, is the Defendant landowner; and came the State of Texas and County of Jefferson, Beaumont Independent School District, and the City of Beaumont, claimants by virtue of taxes which have accrued. It appearing to the Court, and it is so found, that the objection to said.decision and award of the.Special Commissioners as timely filed herein has since been dismissed at the request of the Defendant Robert James Tinkle Trust. IT IS, THEREFORE, ORDERED, ADJUDGED and DECREED by the Court as follows: 1. That said decision,and award of said Special Commissioners heretofore entered be and the same is hereby confirmed and. adopted and made the judgment of this Court with the provision as to minerals and access, asset forth below. 2. That the Clerk of this Court record this Judgment and the Award in the minutes of this Court. 3. That by virtue of said decision of said Special Commissioners, the City of Beaumont is entitled to condemn and does hereby have judgment aga,0�`'tJ-" �� w Page 1 G\RMW\EM rn 114\ Ui PAOK KLE,RbWl w+ ti OF GVAk .......... oN Caie;w ! s 3(i K'S'OFFICE named Defendants for the fee simple title to the real property situated in Jefferson County, Texas, and described. as 902-26 College Street being Lot Nos..One (1), Two (2), Three (3), Eleven (11) and Twelve (12), Block No. Nine (9), Van Wormer Addition, to the City of Beaumont, Jefferson County, Texas, as the same appears upon the map or plat thereof, on file and of record in Vol. 1, Page 16, Map Records of Jefferson County, Texas, for the purpose of constructing and maintaining a public park, and all rights, title and interest to said parcel of land is hereby divested out of said Defendants and vested in.the City of Beaumont,Texas. Provided that there is excluded from such estate condemned all the oil, gas and sulphur which can be removed from beneath said land without any right whatever remaining to the owners of said,oil, gas, and sulphur of ingress and egress to or from the surface of the land condemned for the purpose of exploring, developing, drilling, or mining of the same. IT IS FURTHER ORDERED, ADJUDGED and DECREED: 1. That by virtue of said decision by Special Commissioners, that the Defendants Robert James Tinkle Trust, Jefferson County, Texas, City of Beaumont, State of Texas, and Beaumont Independent School District,together are entitled to recover from the Plaintiff City of Beaumont the total sum of Twenty-Two Thousand Seven Hundred Fifty and No/100 Dollars ($22,750.00) with interest thereon from this date at the rate of ten percent (10%) per annum and that the foregoing sum should be apportioned among the Defendants as follows: a) To the Robert James Tinkle Trust, undivided one-half(1/2) interest Owner, the sum of Twenty-Two Thousand Two Hundred Seventy-Six and 34/100 Dollars ($22,276.34). b) To the State of Texas and County of Jefferson, the City of Beaumont and the Beaumont Independent School District, claimaTnts b rto f Page 2 ;6\R EMDWAIWWI�L PAMF T LE,ROBT \\\\ ,Ill lii v l� � .. V1L:K ,• `a�t7q� �! RIG}NAI. : z _ IN � sdN a p ' .�j:4+�'�,y.UtRK'$OFFICE ,As�crn�'',� a i taxes which have accrued, the sum of Four Hundred Seventy-Three and 66/100 Dollars ($473.66). IT IS ORDERED, ADJUDGED and DECREED that Plaintiff City of Beaumont may have its Writ of Possession. That, the sum of money having been previously deposited into the registry of this Court, this Judgement is declared fully discharged and satisfied, as against Plaintiff. All costs herein accrued are adjudged.against Plaintiff, the City of Beaumont, and the Clerk of this Court is directed to tax same accordingly. SIGNED this 1st day of February 2007. Judge P siding JUDGMENT FILED FOR RECORD 1 02,01,2007 12:10 PM 103541 COUNTY.CLERK .., JEFFERS64 CAUdr N,TY,;., ' IS A'�"` Copy wl n m a Irof� ffice CA .L: R CO CLERK Q S BY DEPUTY Kim'Carter, Page 3 G:\RMw\EMDOMAMMLKPARK\TINKLE,ROBT RETURN TO: nof Beaumont e Pullin P.O.Box 3827 Beaumont,Texas 77704 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2007 Feb 15 03:20 PM 2007006473 CAROL $24.00 CAROLYN L. GUIDRY COUNTY CLERK JEFFERSON COUNTY TEXAS i