HomeMy WebLinkAboutRES 08 203 RESOLUTION NO. 08-203
WHEREAS, the City Council of the City of Beaumont deems it necessary that the
following eight(8)parcels of land be acquired for the purpose of locating, constructing, and
maintaining a Downtown Event Center and Lake Park; and,
WHEREAS, the City Council has found that a public necessity exists requiring the
hereinafter described properties appraised by Bishop Real Estate Appraisers, Inc.:
1. Lots 1, 2 and 3, Block 20, Van Wormer Addition [805 & 855 Crockett Street]
Appraised Value: $16,000
Owner: Arthur Berry
2. Lots 4 and 5, Block 20, Van Wormer Addition [881 Crockett Street]
Appraised Value: $107,000
Owner: Bruce A. Hamilton
3. C 55'x50' Lot 1, Block 23, Van Wormer Addition [310 Holmes Street]
Appraised Value: $4,100
Owner: Zeola Lindsey
4. Lot 6, Block 23, Van Wormer Addition [301-309 ML King Pkwy.]
Appraised Value: $25,000
Owner: Julie M. Washington
5. Lots 1-5 and 8-11, Block 24, Van Wormer Addition
[310-320 Archie, 938 Crockett Street]
Appraised Value: $67,000
Owner: Rick R. Conerly
6. Lots 7 and 8, Block 26, Van Wormer Addition [Crockett & Jefferson Streets]
Appraised Value: $21,000
Owner: Mary Jane Zummo
7. Lots 8 and 9; FRC Lot 7, Block 30, Van Wormer Addition [860-886 Bonham]
Appraised Value: $18,000
Owner: Bryan Investments
8. Lots 11 and 12, Block 30, Van Wormer Addition [810 Bonham]
Appraised Value: $3,600
Owner: Johnny M. Smith
and,
WHEREAS, the City Council deems it necessary to acquire the hereinafter
described interests in and to the above described properties for the purpose of locating,
constructing,and maintaining a Downtown Event Center and Lake Park and has found and
determined that said interests in and to the above 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 faith with the owners of the above described land and has been unable
to agree with such owners of such properties 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 parcels of land described above, 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 15th day of July,
2008.
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DD 2009032744
2 PGS
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 DRIVER'S LICENSE NO.
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
SPECIAL WARRANTY DEED
That, ARTHUR BERRY, of the County of Jefferson, State of Texas, hereinafter called
GRANTOR for and in consideration of the sum of FORTY-TWO THOUSAND AND NO/100
($42,000.00)DOLLARS 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 to
its successors and assigns forever the property described as follows:
Lots One, Two and Three(1,2& 3)in Block Twenty(20)of the 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 Volume 1,Page 16 of the Map Records of Jefferson County,
Texas.
GRANTOR does hereby except and reserve from this conveyance unto itself, its successors
and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but
waives all rights of ingress and egress to the surface thereof for the purpose of exploring,developing,
mining or drilling for same.
This conveyance is expressly made subject to all zoning laws and to restrictions,covenants,
conditions, easements and mineral and/or royalty reservations, if any, effecting the property.
'A
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 himself and his 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 the claim is by, through, or
under GRANTOR but not otherwise.
EXECUTED this the aye day of u , 2009.
ARTHUR BERRY
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this the day of , 2009, by
ARTHUR BERRY.
ANA MARIA GONZALES
MY COMMISSION EXPIRES Notary Public, State of Texas
June 19,2010
RETURN TO: City of Beaumont
c/o Ilona N.Baker
P. O. Box 3827
Beaumont,TX 77704 berry
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
2009 Aug 24, 03:44 PM 2009032744
VILLASANA: $20.00
CAROLYN L. GUIDRY, COUNTY CLERK
JEFFERSON COUNTY, TEXAS
PRL 2009032865
4 PGS
PARTIAL RELEASE OF LIEN
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
THAT the undersigned, of the County of Jefferson, and State of Texas, the legal and
equitable owner and holder of that one certain Demolition Lien dated March 20, 2008, from the
City of Beaumont against Arthur Berry, recorded under County Clerk's Film Code
No.2008011298 of the Real Property Records of Jefferson County, Texas, in the sum of
$98,272.10 payable to the City of Beaumont.
For the amount of $34,251.52 paid to the undersigned, the receipt of which is hereby
acknowledged, the undersigned has released and discharged, and by these presents hereby releases
and discharges, the property which is described in Exhibit "A," attached hereto and made a part
hereof for all purposes, from all liens and assignments held by the undersigned to secure payment
of the above mentioned demolition obligation.
But it is expressly agreed and understood that this is a PARTIAL RELEASE only, and that
the same shall in no wise release, affect or impair said lien or liens against any other property in
said instrument mentioned.
IN WITNESS WHEREOF, this instrument is executed on this the day of
T9jL ,2009.
CITY OF BEAUMONT
Low I (ams'—
Kyle Hayes, City Manager
City of Beaumont
ACKNOWLEDGMENT
Before me, the undersigned authority, personally appeared Kyle Hayes, City Manager of the City
of Beaumont, known to me to be the person and officer whose name is subscribed to the foregoing
instrument, and acknowledged to me that the same was the act of the said City of Beaumont, a
municipal corporation and that he executed the same for the purpose and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this -2 WI day of U
, 2009.
159749
Notar Public, State of Texas
24�r�wrAr wrwrwrM�Ai Iw/Y 1Y�AM�
RETURN TO:
City of Beaumont
Ilona N. Baker
P. 0. Box 3827
Beaumont, TX 77704
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
2009 Aug 25, 02:54 PM 2669632865
WILLIAMSD: $24.00
CAROLYN L. GUIDRY, COUNTY CLERK
JEFFERSON COUNTY, TEXAS
DD 2009035111
3 PGS
NOTICE OF CONFIDENTIALITY RIGHTS: IF YVw
0(05 00 YOU ARE A NATURAL PERSON, YOU MAY
`-C
( too 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.
SHERIFF'S DEED
STATE OF TEXAS §
JEFFERSON COUNTY §
KNOW ALL MEN BY THESE PRESENTS THAT, WHEREAS, by virtue of an Order of
Sale issued by the Clerk of the District Court in and for Jefferson County, dated June 30,2009,on a
certain Judgment rendered in said Court on March 13, 1991, in a certain suit number A-131737,
styled COUNTY OF JEFFERSON, ET AL vs. JOHNNY M. SMITH, ET AL, 1, G. Mitch Woods,
Sheriff of said County, did upon August 4, 2009, levy upon and advertise the time and place of said
sale by an advertisement in the English language,published once a week for three consecutive weeks
preceding such sale,the first publication appearing not less than twenty days immediately preceding
the day of sale, beginning on July 14, 2009, in the Beaumont Enterprise, a newspaper published in
the County of Jefferson, stating in said advertisement the time and place of sale, a brief description
of the property to be sold,the original survey, its locality in the County, and the name by which the
land is generally known,and by delivering a similar notice to each of the defendants,and on the first
Tuesday in August,2009,within the hours prescribed by law,sold said hereinafter described land or
lots at the premises hereinafter described were bid off to City of Beaumont,for the sum of$3,274.00,
for the use and benefit of County of Jefferson, et al and possibly other entities for title to the
hereinafter described property or the amount of taxes, interest, penalties and costs.
NOW, THEREFORE, Sheriff G Mitch Woods,aforesaid,by virtue of the authority vested in
me by law have BARGAINED, SOLD and CONVEYED, and by these presents do benefit the
County of Jefferson,et al and their assigns,subject,however,to the provisions hereinafter set out,all
the right, title and interest of the defendants, in and to the following described land that said
defendants had in and to said land at the date said suit was filed,together with, all and singular,the
rights, privileges, and appurtenances to the same belonging, and the said lands being described as
follows, to-wit:
LOT ELEVEN (11) & TWELVE (12) BLOCK THIRTY (30) VAN WORMER
ADDITION LOCATED IN THE CITY OF BEAUMONT AS PER MAP OR PLAT
IN JEFFERSON COUNTY, TEXAS
Suit No.A-131737 Page I
TO HAVE AND TO HOLD unto the said City of Beaumont, for the use and benefit of
County of Jefferson,et al and possible entities subject,however,to the right of defendants to redeem
the same in the manner prescribed by law within two years on residential homestead and agricultural
use property and within six months on all other properties from the date of the filing for records of
this deed, and to such other further conditions and stipulations as may be applicable under the
provisions of Section 34.21 of the Property Tax Code of Texas, as fully and absolute as I, sheriff
aforesaid, can convey by virtue of said Order of Sale.
Grantee's Address: City of Beaumont
P. O. Box 3827
Beaumont, Texas 77704
WITNESS MY HAND this the 4th day of August, 2009.
J.411�A-
Sheriff G Mitch Woods
By: Chief Mark Dubois
Jefferson County, Texas
Suit No.A-131737 Page 2
STATE OF TEXAS §
JEFFERSON COUNTY §
BEFORE ME,the undersigned authority, on this day personally appeared Chief Mark Dubois,to
me well known to be the person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same in the capacity and for the purposes and consideration
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 4th day of Ate, 2009.
��-Sy' 'q Mary Catherine Presley
Notary Public State of Texas Notary i I�uin and for the
y Commission Expires
July 24, ZN�0 State of eX3S
'•. P,
Mary Catherine Presley
(Printed Name)
July 24, 2010
My commission expires:
Return to: Call Kathy Kellas
County Tax Office
Ext. 8540
FILED AND RECORDED
OOFFFIICIAL PUBLIC RECORDS
LI
"e 'V..t
2009 Sep 16, 02:46 PM 2009035711
MOOREB: $24.00
CAROLYN L. GUIDRY, COUNTY CLERK
JEFFERSON COUNTY, TEXAS
Suit No.A-131737
Page 3
NO. 114638
THE CITY OF BEAUMONT, § PROCEEDINGS IN EMINENT DOMAIN
PLAINTIFF §
VS. § COUNTY COURT OF JEFFERSON
BRUCE A. HAMILTON AND §
CHARLOTTE A. HAMILTON, §
DEFENDANT § COUNTY, TEXAS, AT LAW NO. 1
AWARD OF SPECIAL COMMISSIONERS
On the 25th day of September, 2009, in the City of Beaumont, Jefferson County,
Texas, the above-styled Proceedings in Eminent Domain came on to be heard before the
undersigned three disinterested freeholders of Jefferson County, Texas, heretofore
appointed as Special Commissioners by the Judge of the County Court at Law, No. 1, of
Jefferson County, Texas, to assess the damages occasioned by these Proceedings, and
came the Plaintiff, the City of Beaumont, a municipal corporation situated in Jefferson
County, Texas, acting herein by and through its duly authorized attorney of record; and
came also Defendant Owner Bruce A. Hamilton; and came Defendant Owner Charlotte A.
Hamilton; and came the State of Texas and County of Jefferson, the City of Beaumont and
the Beaumont Independent School District, claimants by virtue of taxes which have
accrued; and it appearing that each and all of the parties hereto are properly before said
Commission, the Commissioners proceeded to hear evidence and arguments of the
parties, and made the following findings:
C+
I J
` I.
That on the 28th day of July, 2009, the City of Beaumont, Plaintiff, filed a written
statement with the Judge of the County Court of Jefferson County, Texas, at Law,.No. 1,
wherein, upon the facts and for the purposes therein stated, it sought judgment vesting in
the City of Beaumont fee simple title to certain land, for the purpose of locating,
constructing and maintaining a public event center and park in the City of Beaumont,
Jefferson County,.Texas, save and except all the oil, gas and sulphur beneath said land,
with no right remaining in the owner or owners of said oil, gas and sulphur of ingress or
egress to or from the surface of said land for the purpose of exploring, developing, drilling
or mining of same, said land described in Exhibit "A" attached hereto and made a part
hereof for all purposes, situated within the corporate limits of the City of Beaumont,
Jefferson County, Texas.
II.
That upon consideration of said written statement so filed by Plaintiff, the Judge of
the County Court of Jefferson County, Texas, at Law, No. 1, did, on the 3rd day of August,
2009, appoint Ed Moore, Edgar "Sonny" Perkins, and Jeffrey Darby, three disinterested
freeholders of Jefferson County, Texas, as Special Commissioners to assess the damages
caused by the taking of said property.
III.
Thatthereafter, said Special Commissioners,duly qualified as such,each taking the
oath prescribed by law, which oaths are on file with the papers in this cause.
IV.
That after having so qualified, said Special Commissioners, by written order,
designated and appointed the 25th day of September, 2009, at 9:00 o'clock a.m. at the
Courtroom of the County Court at Law, No. 1, Jefferson County, Texas, as the date and
place for hearing said statement and parties, said date being the earliest practicable time
and such place being in the County in which the land or a part thereof is situated.
V.
That on the 4th day of August, 2009, said Special Commissioners issued written
notice of such date and place of hearing and Defendant Bruce A. Hamilton, owner, was
duly and properly served with notice of the time of the hearing and the place of the hearing;
and Defendant Charlotte A. Hamilton, owner, was duly and properly served with notice of
the time of the hearing and the place of the hearing; the City of Beaumont, claimant by
virtue of taxes which have accrued, whose agent for service is Miriam Johnson, was duly
and properly served with notice of the time of the hearing and the place of the hearing; the
State of Texas and County of Jefferson, claimant by virtue of taxes which have accrued,
whose agent.for service is Miriam Johnson, were duly and properly served with notice of
the time of the hearing and place of the hearing; the Beaumont Independent School
District, claimant by virtue of taxes which have accrued, whose agent for service is Miriam
Johnson, was duly and properly served with notice of the time of the hearing and the place
of the hearing.
VI.
That on the 25th day of September, 2009, said Special Commissioners did convene
and the following named parties appeared in person or by their attorneys or
representatives: the City of Beaumont, Plaintiff, appeared by and through Tyrone_ E.
Cooper, City Attorney; Defendant Owner Bruce A. Hamilton, appeared; Defendant Owner
Charlotte A. Hamilton appeared; and the State of Texas, the County of Jefferson, the City
of Beaumont, the Beaumont Independent School District, claimants by virtue of taxes
which have accrued also appeared. The parties announced ready for such hearing, and
said Special Commissioners proceeded to hear evidence as to the damages which will be
sustained by the owner or owners by reason of the taking of said fee simple title, and after
hearing and considering such evidence, said Special Commissioners did find and
determine and accordingly assess damages to be paid by the City of Beaumont, according
to Chapter 21, Subchapter C, Property Code of the Revised Civil Statutes of Texas, in the
total amount of uh r f1, �' , . . y +�
t l Dollars ($
to the owners and claimants of interest to the land, and that the foregoing sum should be
apportioned among the Defendants as follows:
a) To the fee owners, Bruce A. Hamilton and Charlotte A.
Hamilton, the total sum of $
b) To the State of Texas and County of Jefferson, the City of
Beaumont and the Beaumont Independent School District,
claimants by virtue of taxes which have accrued, the sum
of$ T3 77 Id
VII.
And we herein award the above-described land and the fee simple title thereto to the
City of Beaumont for the named public purpose, with full and complete right, use, and
possession thereof; and we hereby adjudge all costs of this proceeding against the
Plaintiff.
RENDERED this �firllday of • '� -. vLrL 2009.
d Moore
Eel & nny" Per i `
J 'fr Dar
SPECIAL COMMISSIONERS
The foregoing Award of Commissioners was filed with me on the Z D day
of , 2009. After consideration, it is ORDERED that each
00
Commissioner receive the sum of$ 0 for his service in this Proceeding.
Judge of the County Court of Jefferson
County, Texas, at Law, No. 1
IIIIIilllllllllllillillllllllillillillllllllllllllllllll DD 2009026522
3 PGS
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 DRIVER'S LICENSE NO.
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
SPECIAL WARRANTY DEED
That, BRANDON C. BRYAN JR., PATSY L. VALLEE EVERAGE (FORET) and
CAROLE ANN VALLEE SHEFFIELD; individually and as surviving partners in BRYAN
INVESTMENTS, a Texas Partnership, of the State of Texas,hereinafter called GRANTORS for and
in consideration of the sum of TWENTY THOUSAND AND NO/100 ($20,000.00) DOLLARS
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,have GRANTED,SOLD and CONVEYED,subject to the reservations
and exceptions hereinafter made, and by these presents do 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 as follows:
Lot Fraction of Lot Seven (7) and Lots Eight (8) and Nine (9), in
Block Thirty(30)of Van Wormer Addition,an addition to the City of
Beaumont, Jefferson County, Texas, according to the map or plat
thereof, on file and of record in Volume 1, Page 16 of the Map
Records of Jefferson County, Texas.
GRANTORS do hereby except and reserve from this conveyance unto itself, its successors
and assigns,forever, 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.
This conveyance is expressly made subject to all zoning laws and to restrictions,covenants,
conditions, easements and mineral and/or royalty reservations, if any, effecting 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 GRANTORS bind themselves and their
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 the claim is by,
through, or under GRANTORS but not otherwise.
EXECUTED this the / day of 5200 _.
BRYAN INVESTMENTS, a Texas Partnership
aixt
BRANDON C. B YAN, JR ' C.�C�nC� PATSY L. VALLEE EVERAGE (FORET))')ar f q-r
CAROLE ANN VALLEE SHEFFI , \JC �Not,t"
STATE OF TEXAS X
COUNTY OF COMAL X ----��
This instrument was acknowledged before me on this the day of , 2009, by
BRANDON C. BRYAN JR. 'N(V--r
JUDY ANN BOGGES5
(&MyNotary TE—i- No Pub i State of Texas
STATE OF TEXAS �'Comm.Exp.September O5,2012
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this the day of \ , 2009, by
PATSY L. VALLEE EVERAGE (FORET).)PC�,C`Ik,( prlrpE \ b4 i�cyc��nvesk('�1e� 5 , e,-
ri¢1 r ry'Yti; +�r.�rr+.MSr p Cor�vyi`C5\N
DANIELLE": *= MY COMMISSION EXPIRES
Apt 11 ,2010 Notary Public, St to of Texas
ryr r,�rr
STATE OF COLORADO X
COUNTY OF DELTA X
sf
This instrument was acknowledged before me on this the day of i4a.4 2009, by
CAROLE ANN VALLEE SHEFFIELD.,Pc r'� n(4- QK-'�be- 'A �F 4' � �r�b I C,
JUDITH COYLE Not Public, State of Col o
NOTARY PUBLIC
STATE OF COLORADO
RETURN TO: AM#yv Cc�.�. Jan. 25, 2010
c/o Ilona N. Baker
P.O.Box 3827
Beaumont,TX 77704 bryan_inv
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
e:�. --ewa ;t
2009 Jul 16, 02:33 PM 2009026522
VILLASANA: $24.00
CAROLYN L. GUIDRY, COUNTY CLERK
JEFFERSON COUNTY, TEXAS
Iliilllllliillllllllllilllllllllllllllllllliillllillllllllll DD
2009024488
2 PGS
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 DRIVER'S LICENSE NO.
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
SPECIAL WARRANTY DEED
That, MARY JANE TORTORIS ZUMMO, of the County of Harris, State of Texas,
hereinafter called GRANTOR for and in consideration of the sum of THIRTY-EIGHT THOUSAND
AND NO/100 ($38,000.00) DOLLARS 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 to its successors and assigns forever the property described as follows:
Lots Seven and Eight (7 & 8), in Block Twenty-six (26) of the 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 Volume 1,Page 16 of the Map Records of Jefferson County,
. Texas.
GRANTOR does hereby except and reserve from this conveyance unto itself,its successors
and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but
waives all rights of ingress and egress to the surface thereof for the purpose of exploring,developing,
mining or drilling for same.
This conveyance is expressly made subject to all zoning laws and to restrictions, covenants,
conditions, easements and mineral and/or royalty reservations, if any, effecting 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 himself and his 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 the claim is by, through, or
under GRANTOR but not otherwise.
EXECUTED this thzi day of 2009.
MARY A TORTORIS ZU O
STATE OF TEXAS X
COUNTY OF HARRIS X /�
This instrument was acknowledged before me on this thZ day of �-2009, by
MARY JAN O OI1
�OIM'[t lM�1
i1Ar Cq�NMMen�piM11i `
A"M Soo Ufat'Public, State of Texas
RETURN TO: City of Beaumont
c/o Ilona N.Baker
P. O. Box 3827
Beaumont,TX 77704 mj_zwnmo
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
eL.j�. ,-ewaa;7
2009 Jun 30, 03:28 PM 2009024488
WILLIAMSD: $20.00
CAROLYN L. GUIDRY, COUNTY CLERK
JEFFERSON COUNTY, TEXAS
. ' ` � ` IIIIIIIIIIIIilllllllilliillllllllllllllllllllllllllllllliiii DD 2009010962
2 PGS
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 DRIVER'S LICENSE NO.
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
SPECIAL WARRANTY DEED
That, RICK CONERLY, of the County of Jefferson, State of Texas, hereinafter called
GRANTOR for and inconsideration of the sum of SEVENTY-ONE THOUSAND AND NO/100
($71,000.00)DOLLARS 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 to
its successors and assigns forever the property described as follows:
Lots One,Two, Three,Four,Five,Eight,Nine,Ten and Eleven(1,2,
3, 4, 5, 8, 9, 10 and 11),Block Twenty-four(24)of the 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
Volume 1, Page 16 of the Map Records of Jefferson County, Texas.
GRANTOR does hereby except and reserve from this conveyance unto itself, its successors
and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but
waives all rights of ingress and egress to the surface thereof for the purpose of exploring,developing,
mining or drilling for same.
This conveyance is expressly made subject to all zoning laws and to restrictions,covenants,
conditions, easements and mineral and/or royalty reservations, if any, effecting 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 himself and his 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 the claim is by, through, or
under GRANTOR but not otherwise.
EXECUTED this the day of ��(C� , 2009.
RICK CO Y
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this the day of t���[C� , 2009, by
RICK CONERLY.
�� Notary Public, State f Texas
is A
DAN yV,G.LIAtitS
MY C,()%'fiI'SIOPd EXPIRES
y`+E Apol 20,2010
RETURN TO: City of Beaumont
c/o Ilona N.Baker
P.O.Box 3827
Beaumont,TX 77704 conerly
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
el� -te'x ,
2009 Mar 27 12:52 PM 2009010962
CAROL $20.00
CAROLYN L. GUIDRY COUNTY CLERK
JEFFERSON COUNTY TEXAS
JUDCV ]14638
w. I Ij� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
DOCUMENT 3563381 JOG 2010006922
5 PGS
NO. 114638
THE CITY OF BEAUMONT, § PROCEEDINGS IN EMINENT DOMAIN
PLAINTIFF §
VS § COUNTY COURT OF JEFFERSON
BRUCE A HAMILTON AND §
CHARLOTTE A HAMILTON, §
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 the 25th day of September, 2009, 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 Bruce A Hamilton and Charlotte A Hamilton are the Defendant landowners, 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 no objection to said decision and
award was filed within twenty (20) days from the date of the filing of said decision as
aforesaid and that said decision and award has been filed with the Clerk of this Court
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, as set forth below
Page 1
'`RUE AND CORRECT
Copy OF ORIGINAL
FILED !N JEFFEI
=;?q;•...
C
COUNTY Y I:1,ERRIS OFF
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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 against the above-
named Defendants for the fee simple title to the real property situated in Jefferson County,
Texas, and described on Exhibit "A" attached hereto for the purpose of constructing and
maintaining a public event center and park in the City of Beaumont 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, the Defendants,
Bruce A Hamilton and Charlotte Hamilton, are entitled to recover from Plaintiff City of
Beaumont the total sum of One Hundred Thirty-Five Thousand Six Hundred Twenty-Two
Dollars and 90/100 Cents ($135,622 90)with interest thereon from this date at the rate of
ten percent (10%) per annum
2 That by virtue of said decision by Special Commissioners,the State of Texas
and County of Jefferson, the City of Beaumont and the Beaumont Independent School
District are entitled to recover from Plaintiff City of Beaumont the total sum of One
Page 2
'i'RUF AND CORRECT
COPY OF ORIGINAL
° FILED IN JEFFERSON
= ..
C0UNTY CI,ER[('S. OFFICE
Thousand Three Hundred Seventy-Seven Dollars and 10/100 Cents ($1,377 10) with
interest thereon from this date at the rate of ten percent (10%) per annum
IT IS ORDERED, ADJUDGED and DECREED that Plaintiff City of Beaumont may
have its Writ of Possession
That, the sum of money having been deposited into the registry of this Court, this
Judgment is declared fully discharged and satisfied, as against Plaintiff
All costs herein accrued are adjudged against Plaintiff, the City of Beaumont, and
the Clerk of this Court is directed to tax same accordingly
SIGNED this 1st day of February 2010
�'� '�. A..,,.
Judge esldmg
Page 3
TRUE AND CORRECT
COPY OF ORIGINAL
. FILED IN JEFFERSON
;9so� �,N• COUNTYCI_ERK'S OFFICE
Legal description of land
Lot Number Four and Five (4 & 5), in Block Number Twenty (20), of VAN WORMER
ADDITION, an Addition to the City of Beaumont, Jefferson County, Texas, according to
the map or plat thereof, of record in Volume 1, Page 16, Map Records of Jefferson
County, Texas, except a strip of land 8 and '/2 feet wide off the Southeasterly side of
said lots, being the same premises conveyed to Wilson & Co , a New Jersey
Corporation, by Texas Banking and Investment Company, by Deed dated October 19,
1920, recorded in Volume 200, Page 564, Deed Records, Jefferson County, Texas,
together with such right, title and interest as grantor may have in and to the above
mentioned strip of land 8 and '/2 feet wide off the Southeast side of Lots 4 and 5
JUDGMENT
FILED FOR RECORD
2010 Feb 01, 05 30 pM
114638
CAROLYN L GUIDRY, COUNTY CLERK
JEFFERSON COUNTY, TEXAS
I CERTIFY THIS I$ °" �Y
Witness my Hand'19 4f ( is
C)
CAROLYN L. Jj&R1 . Kw
FE Solt- ClNTY is 0
EXHIBIT "A" V p r14 4 1�
RETURN TO: `
City Of Beaumont
Engineering Division
RO. Box 3827 Suite 200
Beaumont, TX 77704
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
"e &�
2010 Feb 25, 01:28 PM 2010006922
PERKINS: $28.00
CAROLYN L. GUIDRY, COUNTY CLERK
JEFFERSON COUNTY, TEXAS