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HomeMy WebLinkAboutRES 06-299 RESOLUTION NO. 06-299 WHEREAS, an agreement has been negotiated for the acquisition of land for the Phelan Boulevard Widening Project in exchange for work being performed by the City per an Interlocal Agreement with Jefferson County Drainage District No. 6; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the acquisition of the following tract, as shown on Exhibit"A"attached hereto,for the Phelan Boulevard Widening Project in exchange for work being performed by the City per an Interlocal Agreement with Jefferson County Drainage District No. 6 be and the same is hereby approved: Tract 1: 2.436 acres out of the A. Houston League, Abstract 33 (Phelan Boulevard near Keith Road) Owner: Jefferson County Drainage District No. 6 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of October, 2006. jl - Mayor Guy N. &odson - � vs i Fittz & Shipman INC Consulting Engineers and Land Surveyors EXHIBIT "A",PAGE I OF 3 FIELD NOTE DESCRIPTION FOR A 2.436 ACRE TRACT OUT OF THE A.HOUSTON LEAGUE, ABSTRACT 33 JEFFERSON COUNTY, TEXAS SEPTEMBER 6, 2005 TRACT 1 That certain 2.4,36 acre tract out of the A. Houston League, Abstract 33, Jefferson County, Texas, being ut of a called 56.974 acre tract conveyed yed Jefferson County Drainage District No. 6 as recorded in Clerks File 200201305.4 54 0#the Official Public Records of Real Property of Jefferson County, Texas and a called 209.07 acre tract conveyed to Jefferson County Drainage District No. 6 as recorded in Film Code 103-06-2383 and Film Code 103-06-2396 of the Real Property Records of Jefferson County,..Texas, said 2.436 acres being more particularly described by metes and bounds as follows: Note: Bearings are referenced to the NAD83, Texas State Plane Coordinate System, South Central Zone#4204. BEGINNING at a DD#6 monument found in the north ri ht- f- wa line of Phelan Bo ulevard for the southwest corner of a called 1.108 acre tract conveyed to the City of Beaumont as recorded in Clerks File No. 2002028683 of the Official Public Records of Real. Property of Jefferson County, Texas and the southeast comer of the said 56.974 and 2.436 acre tracts; THENCE South 87°10'40"West.along the said north right-of-way line of Phelan Boulevard and the south line of the said 56.974 acre tract a distance of 1311.20 feet (called North 89"55'24" West 1311.58 feet) to a Y" iron rod found for the southwest comer of the said 56.974 acre tract and the southeast comer of the said 209.07 acre tract and an angle point of the said 2.436 acre tract; THENCE South 87 013'14"West continuing along the said north right-of-way line of Phelan Boulevard and the south line of the said 209.07 acre tract a distance of 2225.53 feet(called 'North 89 053'24"West 2225.18 feet) to a 5/8" iron rod found for the southeast comer of a called 5 acre tract conveyed to Neches Canal Company as recorded in Volume 202, Page 149 of the Deed Records of Jefferson County, Texas and the southwest comer of the said 209.07 and 2.436 acre tracts; THENCE North 03 014'14"West along the east line of the said 5 acre tract and a west line of the said 209:07 acre tract a distance of 30.00 feet (called North 00°18'45"West)to a Y2 capped iron rod set for-the northwest comer of the said 2.436 acre tract; F"Wz do Shipman,Inc Project No.04600TR1 ' Plat&Description 1405 Comerstone Court,*Beaumont,Texas 77706• (409) 832-7238•fax(409) 832-7303 EI�HIBIT"A",PAGE 2 OF 3 THENCE North 87°13'14" East a distance of 2225.87 feet to a '/Z" capped iron rod set in the east line of the said 209.07 acre tract and the west line of the said 56.974 acre tract for an angle ' point; THENCE North•87 010'40" East a distance of 1311.08 feet to a DD#6 monument found in the east line of the said 56.974 acre tract for the northwest comer of the said 1.108 acre tract and the northeast comer of the said 2.436 acre tract; THENCE South 02°49'20" East.along the east line of the said 56.974 acre tract and the west line of the said,1.108 acre tract a distance of 30.00 feet(called South 00°17'06"West) to the POINT OF BEGINNING and containing 2.436 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz &Shipman, Inc. on .'September e S p 2005 and March 2006. C��/��I✓� OF Walter J. Ksiazek sTET �gP Registered Professiona Land Surve or No. 5321 WALTER J. KSIAZEK •-0 5321 �••o�ESS1a,. q��SUA�+E`104 Fiat&Shipman,Inc- Project No. 04600TR1 Plat&Description CITY OF BEAUMONT CLERKS FLE 02 028683, O.P.R.R.P.J.C. (CALLED 1.106 ACRES) POINT OF TRACT 2 - BEAUMONT ORANGE M.R.J.C.FIG SUBDIVISION BRAKING 0.3213 ACRE 8 I 9 10 11 12� 13 14 15 - - - - - - - FOUND ROD PROPOSED 30' POINT OF IRON Roo RIGHT-OF-WAY BEGINNING 18 1 g 20 21 DD#6 ACT 1 22 23 24 25 G LL S a6 .7O) MONUMENT FOUND DD#6 PHE H �jgD FOUND /2' $ '1 '1 " W 66.70 (CALLED S 89'47'07"Ea1040'00)T (CA ED N 89' 24' W 1 T.58) FOUND (CA N 89'53' 2' W 2225.1 1J'8710"�'i�1�8 SET 1 N 87'13'14" E 2225.87 N 87'13'14" E N 02'4646 W 30.00' N 87'2013 E 1039.93 1 DD#6 N 02'35'16" W 30.00 CAPP `TRACT 1 N 03`14'14' W 30.00 566.66 (CALLED N 00'18'45" W) MONUMENT (CALLED N 00'17'24' E) (CALLED N 00'78'45' W) SET 1/2"'7 CITY OF BEAUMONT $ Q2'49'2O" E 30.00 2.436 ACRES NECHES CANAL CO CAPPED M CLERKS FILE N0, 2002027331, O.P.R.R.P.J.C. PROPOSED 30' VOL. 202, PG. 149, ' IRON RODS (CALLED 1.194 ACRES) (CALLED 500'1706' W) RIGHT-OF-WAY CAP'�D D.R.J.C. SACRES _ IRON ROD ° - O N 03'1414' W 436.30 SOUTH PARK LS.D. - M VOL 1492, PG. 5,D.R.J.C. (CALLED N 00'1845" W) FOUND D 0. (CALLED 100.00 ACRES)_ IRON ROD a- W JEFFERSON COUNTY DRAINAGE cd DISTRICT NO. 6 (' CLERKS FILE NO. 2002013054, O.P.R.R.P.J.C. v Q (CALLED 56.974 ACRES) (L MILDRED YOUNT MANION ll, VOL. 1672, PG. 352, D.R.J.0 t - JEFFERSON COUNTY DRAINAGE z VOLDW702, PGM 331 D.R.J.C. DISTRICT NO. 6 a Q SURVEYOR'S CERTIFICATION; FILM CODE 903-06-2383, R.P.R.J.C. GEORGE P. MORRILL, TRUSTEE FILM CODE 103-06-2396, R.P.R.J.C. d VOL. 1974, PG. 92, D.R.J.C. I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, (CALLED 209.07 ACRES) j (CORRECTION DEED THAT THIS IS AN ACCURATE PLAT OF A SURVEY AND DESCRIPTION Z VOL. 2186, PG. 140, D.R.J.C.) m MADE ON THE GROUND UNDER MY SUPERVISION AS OF SEPTEMBER OF J 2005 AND MARCH 2006. s rC•I' _ }g•.�GISTFRF 9J1 W 0 250 00 * * a•. '� MC A L E WALTER J. KSIAZEK WALTER J. KSIAZEK .q 5321 REGISTERED PROFESSIONAL LAND RVEYOR N0. 321 •9 P �q•��FSSIO�OP NOTE: THIS SURVEY WAS COMPLETED WITHOUT N�$(/f1VE� THE BENEFIT OF A TITLE COMMITMENT. NOTES: NOT ALL EASEMENTS, WHETHER OF RERD OR(1) IN ACCORDANCE WITH THE FLOOD INSURANCE RATE MAP, - THE TIME OFNTHIS SURVEY.SEAHED AT FEDERAL EMERGENCY MANAGEMENT AGENCY, COMMUNITY PANEL NO. 485457 0010 D DATED AUGUST 6, 2002 AND 0:\PROJECTS\04600\04600-000\Civ1\60DPM002.dwg Mar 14, 2006 02:03pm COMMUNITY PANEL NQ. 480385 0165 C DATED NOVEMBER 20, X. THE SUBJECT PROPERTY LOCATED IN FLOOD ��� ������� PARCEL PLAT- TRACT 1 ZONE X. FLOOD ZONE X IS DEFINED D S AREAS DETERMINED TO BE OUTSIDE 500 YEAR FLOOD PLAIN. FITTZ k SHIPMAN, INC. DOES NOT WARRANT NOR SUBSCRIBE TO THE ACCURACY INC. PROJECT RANT: 30' RIGHT-OF-PLAY OR SCALE OF SAID MAP. CmxdWjFnvwwv and Lind&myal PHELAN BOULEVARD (2) BEARINGS ARE REFERENCED TO THE NAD83, TEXAS STATE 1405 CORNERSTONE COURT,BEAUMONT, TEXAS BEAUMONT, JEFFERSON COUNTY, TEXAS PROJECT NO. PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE #4204• (409)832-7238 FAX(409) 832-7303 I)ATL'':9-6-05 04600 PLOT DATE: 3-14-06 CITY OF BEAUMONT c PUBLIC WORKS ° ` INTEROFFICE MEMORANDUM December 28, 2006 TO: Rose Ann Jones, City Clerk FROM: Ilona N. Baker, Real Property Specialist SUBJECT: Instrument for Filing COMMENTS Enclosed please find recorded copies of the following: 1) (Phelan Boulevard near Keith Road) General Warranty Deed whereby the Jefferson County Drainage District No. 6 donated to the City of Beaumont property described as 2.436 acres out of the A. Houston Survey . (Resolution No. 06-299, cityclk\acquisitions\ddb Illlllllllllllllllilllilllllllllllllilliliilllllllllllllllll DD 20060ME 6 PCS 'NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NO. OR YOUR DRIVER'S LICENSE NO. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED THAT, JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6, a Water and Reclamation District of the State of Texas, hereinafter called GRANTOR for and in consideration of the sum of Ten Dollars($10.00)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 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 GRANTORbind itself and its 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 whomsoever 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 �« , 2006. GRANTOR: JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 Sam O. Smith, resident of the Board of Directors ACKNOWLEDGMENT THE STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on thee day of �Z- 2006, by Sam O. Smith, President of the Board of Directors of the JeffersonCounty Drainage District No. 6, a Water and Reclamation District of the State of Texas, on behalf of said corporation. :i LINDA F.COLT NS •: MY COMMISSION EXPIRES �4 Juty 30,2010 i Notary Public, State of Texas RETURN TO: CITY OF BEAUMONT Ronnie L.Pullin P. O.Box 3827 Beaumont,TX 77704 \special_deed Fittz & Shipman INC Consulfing Engineers and Land Surveyors EXHIBIT "A", PAGE 1 OF 3 FIELD NOTE DESCRIPTION FOR A 2.436 ACRE TRACT OUT OF THE A. HOUSTON LEAGUE,ABSTRACT 33 JEFFERSON COUNTY, TEXAS SEPTEMBER 6, 2005 TRACT 1 That certain 2.4,36 acre tract out of the A. Houston League, Abstract 33, Jefferson County, Texas, being ovt of a called 56.974 acre tract conveyed Jefferson County Drainage District No. 6 as recorded in Clerks File 2002013054 of the Official Public Records of Real Property of Jefferson County, Texas and a called 209.07 acre tract conveyed to Jefferson County Drainage District No. 6 as recorded in Film Code 103-06-2383 and Film Code 103-06-2396 of the Real Property Records of Jefferson County,.Texas, said 2.436 acres being more particularly described by metes and bounds as follows: Note: Bearings are referenced to the NAD83, Texas State Plane Coordinate System, South Central Zone#4204. BEGINNING at a DD#6 monument found in the north right-of-way line of Phelan Boulevard for the southwest corner of a called 1.108 acre tract conveyed to the City of Beaumont as recorded in Clerks File No. 2002028683 of the Official Public Records of Real Property of Jefferson County, Texas and the southeast comer of the said 56.974 and 2.436 acre tracts; THENCE South 87 010'40"West along the said north right-of-way line of Phelan Boulevard and the south line of the said 56.974 acre tract a distance of 1311.20 feet (called North 89 055'24" West 1311.58 feet) to a %2" iron rod found for the southwest comer of the said 56.974 acre tract and the southeast corner of the said 209.07 acre tract arld an angle point of the said 2.436 acre tract; THEN " CE South 87 13 14 West continuing along the said north right-of-way line of Phelan Boulevard and the south line of the said 209.07 acre tract a distance of 2225.53 feet(called North 89 053'24"West 2225.18 feet) to a 5/8" iron rod found for the southeast comer of a called 5 acre tract conveyed to Neches Canal Company as recorded in Volume 202, Page 149 of the Deed Records of Jefferson County, Texas and the southwest corner of the said 209.07 and 2.436 acre tracts; THENCE North 03°14'14"West along the east line of the said 5 acre tract and a west line of the said 209.07 acre tract a distance of 30.00 feet (called North 00 018'45"West) to a %' capped iron rod set for-the northwest corner of the said 2.436 acre tract; Fitz&Shipman,Ina Project No. 04600TRI Plat&Description 1405 Cornerstone Court,* Beaumont,Texas 77706 • (409) 832-7238 •fax(409) 832-7303 EXHIBIT "A", PAGE 2 OF 3 THENCE North 87 013'14" East a distance of 2225.87 feet to a %" capped iron rod set in the east line of the said 209.07 acre tract and the west line of the said 56.974 acre tract for an angle point; THENCE North,87010'40" East a distance of 1311.08 feet to a DD#6 monument found in the east line of the said 56.974 acre tract for the northwest corner of the said 1.108 acre tract and the northeast comer of the said 2.436 acre tract; THENCE South 02°49'20" East along the east line of the said 56.974 acre tract and the west line of the said 1.108 acre tract a distance of 30.00 feet (called South 00 017'06"West) to the POINT OF BEGINNING and containing 2.436 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz &Shipman, Inc. on September 2005 and March 2006. S OF Walter J. Ksiazel< '0 e Registered Professional Land Surve or No. 5321 ° ``Gl WALTER J. KSIAGE{ y e.p 5321 ` •eae• 'Q. q�OSUA��ti'�d� Fittz&Shipman,Inc Project No. 04600TRI Plat&Description I CITY OF BEAUMONT CLERKS ELE NO. 2002028683, O.P.R.R.P.J.C. (CALLED 1.108 ACRES) BEAUMONT ORANGE & FIG SUBDIVISION POINT of TRACT 2 _ VOL. 1, Pc. s7-se, M1R�JC. — BEGINNING — 0.3213 ACRE 12� — _ TRACT 2 8 9 10 11 13 14 1 cJ FOUND 5/a" PROPOSED 30' POINT OF _ _ RON Roo RIGHT-OF-WAY BEGINNING 1 g MONUMENT ACT 1 AADD 20 21 22 23 24 G LLE ES 46 70) FOUND DD PHE B U KRD FOUND 1/2" 25 S 8 r W 66.70 MONUMENT CA LED N 89'S 24" W 13 1.58 IRON RO ALLED S 89'47'07" E 1040.00 ( ) (CA LED N 89'53'52" W 2225.18 , —1J�S`11T31Tb8 N 8713'14" E N 02'46'46" W 30.00 N 8720 13 E 1039.93 sEr 1 " N 8713'14" E 2225.87 IDD N 02'35'16" W 30.00 GAPP N 03'14'14" W 30.00 566.66 (CALLED N 00'18'45" W) MONUMENT (CALLED N 00'1724". IRON o TRACT 1 (CALLED N 00'18'45" W) SET 1/2" CITY OF BE27331. S 02'49'20" E 30.00 2.436 ACRES NECHES CANAL CO CAPPED CLERKS FILE AL D 1.1947331, S)P.R.R.P.J.C. PROPOSED 30' VOL. 202, PG. 149, ' IRON RODS M (CALLED 1.194 ACRES) (CALLED S 00'17"06" W) RIGHT-OF-WAY SOAP ED D.R.J.0 5 ACRES LA- IRON ROD o SOUTH PARK I.S.D. N 03'14'14" W 436.30 to VOL. 1492, PG. 5, D.R.J.C. (CALLED N 00'18'45" W) FOUND 5/8" � (CALLED 100.00 ACRES) IRON ROD a W JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 u5 CLERKS FILE N0. 2002013054, O.P.R.R.P,J.C. o, a (CALLED-56.974 ACRES) of MILDRED YOUNT MANION II, it It VOL. G Q - JEFFERSON COUNTY DRAINAGE ¢ EDWARD D. MANIOND D.R.J.0 R . ! DISTRICT NO. 6 a VOL. 1702, PG. 331, D.R.J.C. SURVEYOR'S CERTIFICATION: FILM CODE 103-06-2383, R.P.R.J.C. v GEORGE P. MORRILL. TRUSTEE FILM CODE 103-06-2396, R.P.R.J.C. VOL. 1974, PG. 92, D.R.J.C. HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF' m THAT (CALLED 209.07 ACRES) (CORRECTION DEED T THIS IS AN ACCURATE PLAT OF A SURVEY AND DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION AS OF SEPTEMBER i VOL. 2186, PG. 140, D.R.J.C.) 2005 AND MARCH 2006. �P'(E OF r � -� W 0 250 500 C, S CA!IIIIIIIIILE WALTER J. KSIAZEK WALTER J. KSIAZEK 'A s A 5321 NO REGISTERED PROFESSIONAL LAND RVEYOR N0. 321 •.9 Q,ae �'.pFEs.1C�; Q� NOTE: THIS SURVEY WAS COMPLETED WITHOUT THE NOTES: - q��SURVE�C NOT ALL EASEMENTS OF TITLE WHETHER OFNT. (1) IN ACCORDANCE WITH THE FLOOD INSURANCE RATE MAP, au� RECORD OR NOT, WERE RESEARCHED AT FEDERAL EMERGENCY MANAGEMENT AGENCY, COMMUNITY THE TIME OF THIS SURVEY. PANEL N0. 485457 0010 D DATED AUGUST 6, AND Q:\PROJECTS\04600\04600-000\Civil\60OPM002.dw9 Mar 14, 2006 02:03pm COMMUNITY PANEL N0. 480395 0165 C DATED NOVEMBER 20, 1991, THE SUBJECT PROPERTY IS LOCATED IN FLOOD ZONE X. FLOOD ZONE %IS DEFINED S AREAS DETERMINED �O��Zr ��� �� PARCEL PLAT— TRACT 1 INC.BE OUTSIDE 500 YEAR FLOOD PLAIN. TO do ACCURACY i�(\L°CoJS IN DOES NOT WARRANT NOR SUBSCRIBE TO THE ACCURACY OR SCALE OF SAID MAP. INC. PROJECT NAME: 30' RIGHT-OF-WAY ConsultinlEngmen and Land Swwyors PHELAN BOULEVARD CENTRAL PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE 84204. (2) BEARINGS ARE REFERENCED TO THE TEXAS STATE 1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, JEFFERSON COUNTY, TEXAS PROJECT NO. (409)832-72 38 FAX(409) 832-7303 DATE:9-6-05 04600 PLOT DATE: 3-14-06 FILED AND RECORDED OFFICIAL PUBLIC RECORDS ,e t 2006 Sep 12 02:36 PM 2006035769 PEVETO $32.00 CAROLYN L. GUIDRY COUNTY CLERK JEFFERSON COUNTY TEXAS