HomeMy WebLinkAboutRES 09-192 RESOLUTION NO. 09-192
WHEREAS, an agreement has been negotiated for the acquisition of property
described below and in Exhibit"A" and shown on Exhibits "B" and "C," attached hereto, for
the Concord Road Pavement Widening Project:
Parcel #34: 0.0445 acre out of the Concord Place Townhomes, Frederic
Bigner Survey (5520 Concord Road)
Value: $10,100.00
Owners: Sam C. Parigi, Trustee
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the purchase of the above described property be, and the same is, hereby
approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
June, 2009.
AW
k��
Mayor Becky Ames -
Ill
1444t
February 2009
Parcel 34
.Page 1 of 4
EXHIBIT
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 34
Being a 0.0445 acre (1937 square feet) of land, situated in the F. Bigner Survey,
Abstract No. 1, said tract being out of and part of Concord Place Townhomes recorded
in Volume 2 page 116 and 117 of the Condominium Records of Jefferson County
Texas, said 0.0445 acre of land being more particularly described as follows;
COMMENCING at an 1" iron pipe found for the most Northerly corner of the said
Barry tract and being the most Easterly corner of the said Concord Place
Townhomes;
THENCE, SOUTH 32°09'43" WEST along the boundary line between the said Barry
tract and the said Concord Place Townhomes for a distance of 225.56 feet to a 5/8"
iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the
proposed Northeast right-of-way line of Concord Road, said point being the POINT
OF BEGINNING of the parcel herein described;
1) THENCE, SOUTH 32°09'43" WEST, continuing along the boundary line between the
said Barry tract and the said Concord Place Townhomes for a distance of 12.44 feet
to a point for corner, said point being the most Westerly corner of the said Barry tract
and the most Southerly corner of the said Concord Place Townhomes, and from said
corner a 1/2" iron rod bears SOUTH 32 009'43" WEST 1.23';
2) THENCE, NORTH 61°57'21" WEST, along the existing Northeast right-of-way line of
Concord Road for a distance of 19.34 feet to a point for corner, said corner being the
beginning of a curve turning to the left having a radius of 1303.24 feet and being
subtended by a chord bearing NORTH 65°26'42" WEST having a chord length of
158.62 feet;
3) THENCE NORTHWESTERLY, along and with said curve and the existing Northeast
right-of-way line of Concord Road, for an arc length of 158.72 feet to a point for
corner, said point being the Southwesterly corner of the said Concord Place
Townhomes and also said point being the Southeasterly corner of that certain called
3.151 acre tract having been conveyed to Wallace A Domingue, and wife, Bettye
Jean Domingue from Tula Marie Comstock by deed dated August 13, 1974, and
being recorded under Volume 1844 page 277 of the Condominium records of
Jefferson County, Texas, and from said corner a concrete monument bears SOUTH
02 059'00" EAST 0.53';
EXHIBIT "A"
February 2009
Parcel 34
Page 2 of 4
EXHIBIT_
4) THENCE, NORTH 02°59'00" WEST, along the boundary line between the said
Concord Place Townhomes and the said Domingue tract for a distance of 9.47 feet
to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for
corner in the proposed Northeasterly line of Concord Road, said corner being the
beginning of a curve turning to the right having a radius of 1270.00 feet and being
subtended by a chord bearing SOUTH 66°18'11" EAST having a chord length of
183.97 feet;
5) THENCE SOUTHEASTERLY, along and with said curve and the proposed
Northeasterly right-of-way of Concord Road, for an arc length of 184.13 feet the
POINT OF BEGINNING and containing 0.0445 acre (1937 square feet) of land.
A parcel plat of even date accompanies this property description.
I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of
Texas, do hereby certify that the above field notes correctly reflect an actual survey
made under my supervision and the limits, boundaries and corners are truly shown just
as found at the time of the survey.
Surveyed February 2009
GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF FEBRUARY 2009.
ih' •.'•
T..
.4.,., . I .E.
....
Mark W. Whiteley, RPLS #3636
LEGEND
■ SET 5/8• I. R. WITH CAP STAMPED "CITY OF BEAUMONT ROW MONUMENT"
TXDOT CONTROL MONUMENT
(D PARCEL NUMBER
o FND PROPERTY CORNER AS NOTED
POWER POLE
PROPOSED ROW LINE P.O.0 PARCEL 34
FND. 1" 1. PIPE
EXISTING ROW LINE
PROPERTY LINE
SURVEY LINE
COUNTY LINE
CONCORD PLACE TOWNHDMES
VOL. 2 PG 116 & 117
CRJC CALLED 0.806 ACRES
ASHLEY BARRY AND
CALLED 3.151 ACRES LINDSAY BARRY
P.0.8. JULY 18, 2007
WALLACE A DOMINGUE, et ux PARCEL 34 CF. NO. 2007027869
AUGUST 13, 1974 OPRJC
VOL. 1844 PG 277
DRJC
CONCORD ROAD FND 1/2" l. ROD BEARS
S32.09'43"W 1.23'
FND CONC. MONO. BEARS
S02.59'00"E 0.53'
PARENT TRACT
N.T.S.
)rES:
EXISTING AND REMAINING AREAS SHOWN ARE APPROXIMATE. ALL BEARINGS SHOWN ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983 (NAD 83), 1993 ADJUSTMENT.
ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY A
COMBINED ADJUSTMENT FACTOR OF .
BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES
IN THE DESCRIPTION OF THE PARENT TRACT.
SURVEYED FEBRUARY 2009
A PROPERTY DESCRIPTION OF EVEN DATE
ACCOMPANIES THIS PARCEL PLAT.
�,�,•OF T��
STE��-��
...m;. .VV. .E.Y.
.•� g
�' '••° s ,• EXISTING TAKING REMAINING
`'•s y ACRES ACRES/(S.F.) ACRES
PARCEL 34,
MARK W. WHITELEY 1. 56 0,0445/(19 1. 5155
AND ASSOCIATES
INCORPORATED PARCEL PLAT
CONSULTING ENGINEERS, SHOWING
SURVEYORS, AND PLANNERS PARCEL 34
m
CONCORD ROAD JEFFERSON COUNTY
P. 0. BOX 5492 3250 EASTEX FRAY.
BEAUMONT. TEXAS 77726-5492 BEAUMONT, TEXAS 77703
409-892-0421 (FAX) 409-892-1346 SCALE 1 " = 50' FEBRUARY 2009
w SHEET 3 OF 4
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N57'S0'1 6"W 359.83'
(N53',38 30"W 359.15') _
P.O.C. PAR. 34
FND 1 "
V I. PIPE
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0- VOL. 2 PG 116 & 117 N
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o co 00 `9 N N CALLED 0.806 ACRES
X -T o � 10 � w ASHLEY BARRY AND LINDSAY BARRY
(D � J n JULY 18, 2007
Z 2 CF. NO. 2007027869
co I OPRJC
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176+11.61
�j J CALLED 3.151 ACRES 40,OORT
WALLACE A. DOMINGUE, et ux n P.O.B. PAR. 34
0� (o 0) AUGUST 13, 1974 _
° ° VOL. 1844 PG 277
DRJC 34 177+89.94 C2 PROPOSED RIGHT OF WAY
�6 40.00RT L2
z x _x — +L-EXISTING RIGHT OF WAY
Ld Y, Ln
r,� ^ FND CONC. MONU.BBEARS 1 ��+00 N60'24'00"W 228.18'
U Ln S02'59'00"E 0.53'
Q � �
FND 112" I. ROD BEARS
N o gASE�'`NE CONCORD ROAD S32'09 43"W ,.23'
Q o N RpPOSE� PARCEL PLAT
P PI STA = 177+86.87
� 0=19°37'57" SHOWING
LINE BEARING DISTANCE 81230.0000' PARCEL 34
> L1 S32'09'43"W 1244' T212.8169'
CONCORD ROAD JEFFERSON COUNTY
� � N L2 N61'5 721"W 19.34'
L 421.4611'
U U U 3'
L3 NO2'59'00"W 9.47' D04 Ch419.40219.402" SCALE 1 " = 50' FEBRUARY 2009
SHEET 4 OF 4
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
chi FROM THE INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
0 BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER
SPECIAL WARRANTY DEED
STATE OF TEXAS §
(� § KNOW ALL MEN BY THESE PRESENTS
f(U COUNTY OF JEFFERSON §
77
i—t That James W Fontenot and wife, Charlotte Fontenot, Parigi Property Management, Ltd ,a
Texas limited partnership, Mozelle Plaisance being the same person also known as Ruth Mozelle
Womack Plaisance, a single woman, F & A Dover Family Limited Partnership, a Texas limited
3 partnership,The Sweet Family Limited Partnership, a Texas limited partnership, STC Rentals, Inc,
r-r a Texas corporation, Concord Place Townhomes Association, an unincorporated association, and
n Lee Marie Lawrence, being the same person also known as Mane C Lawrence, a single woman,
O hereinafter called"Grantor," (whether one or more)in consideration of the sum of Ten Dollars(S 10)
.a and other good and valuable consideration to Grantor in hand paid by the City of Beaumont, a
municipal corporation located in Jefferson County,Texas,hereinafter called"Grantee,"whether one
or more, the receipt of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED,
and by these presents does GRANT, SELL and CONVEY unto Grantee, all that certain property
situated in the County of Jefferson,State of Texas,described as follows,to-wit
That certain real property more fully described in Exhibit "A", attached hereto
and made a part hereof by this reference (hereinafter sometimes called the
(D "Property")
N
This conveyance is made subject to the following.
O
(1) all restrictions,casements,covenants,conditions and prior conveyances and reservations
of minerals and royalties of record in the Office of the County Clerk of Jefferson County,Texas, to the
extent they are still in effect and relate to the Property,
s`
(2) taxes on the Property for 2009 and subsequent years not yet due and payable,and
n (3) all zoning laws, regulations and ordinances of municipal and other governmental
Qauthorities, if any,but only to the extent that they are still in effect,relating to the Property
Grantor has executed and delivered this Special Warranty Deed and has granted, bargained,
sold, and conveyed the Property to Grantee, and Grantee has received and accepted this Special
3 Warranty Deed and has purchased, received, and, accepted the Property, ON AN AS-IS, WHERE
r-r IS BASIS, WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR
WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WRITTEN OR ORAL, IT BEING
0 THE INTENTION OF GRANTOR AND GRANTEE TO EXPRESSLY REVOKE, RELEASE,
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INCLUDING,
NEGATE, AND EXCLUDE ALL REPRESENTATIONS AND WARRANTIES,
CD BUT NOT LIMITED TO, ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS OR
OWARRANTIES AS TO 0) THE CONDITION OF THE PROPERTY OR ANY ASPECT
:3 THEREOF, INCLUDING, WITHOUT LIMITATION,ANY AND ALL EXPRESS OR IMPLIED
REPRESENTATIONS AND WARRANTIES RELATED TO SUITABILITY FOR
HABITATION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR
PURPOSE, (n)THE NATURE OR QUALITY OF CONSTRUCTION, STRUCTURAL DESIGN
OR ENGINEERING OF ANY IMPROVEMENTS WHICH ARE PART OF THE PROPERTY
OR WHICH SERVE THE PROPERTY(the"IMPROVEMENTS"), (iii)THE QUALITY OF THE
LABOR OR MATERIAL INCLUDED IN THE IMPROVEMENTS; (iv) THE SOIL
CONDITIONS, DRAINAGE, TOPOGRAPHICAL FEATURES OR OTHER CONDITIONS
7c WHICH AFFECT THE PROPERTY, (v) THE AREA, SIZE, SHAPE, CONFIGURATION,
LOCATION, CAPACITY, USE, DEVELOPMENT POTENTIAL, PURPOSE OR OTHER
CHARACTERISTIC CONCERNING OR RELATING TO THE PROPERTY, (v) ANY
—e FEATURES OR CONDITIONS AT OR WHICH AFFECT THE PROPERTY WITH RESPECT
TO ANY PARTICULAR PURPOSE, USE, DEVELOPMENTAL POTENTIAL, CASH FLOW,
OR OTHERWISE; (vi) ALL EXPRESS OR IMPLIED REPRESENTATIONS OR
0 WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY
0 DESCRIPTION OF THE PROPERTY, (vii) ANY ENVIRONMENTAL, GEOLOGICAL,
^C METEOROLOGICAL, STRUCTURAL OR OTHER CONDITION OR HAZARD OR THE
ABSENCE THEREOF HERETOFORE, NOW, OR HEREAFTER AFFECTING IN ANY
MANNER ANY OF THE PROPERTY, AND (vin) ALL OTHER EXPRESS OR IMPLIED
WARRANTIES AND REPRESENTATIONS BY GRANTOR WHATSOEVER, EXCEPT
SOLELY THE SPECIAL WARRANTY OF TITLE EXPRESSLY SET FORTH IN THIS DEED
CONVEYING THE PROPERTY TO GRANTEE
TO HAVE AND TO HOLD, the Property, together with all rights, hereditaments and
( appurtenances thereto belonging, unto Grantee, its successors, and assigns forever And Grantor
does hereby bind itself, its successors, heirs, and personal representatives to WARRANT AND
FOREVER DEFEND the title to the Property unto Grantee, its successors, assigns, against every
p person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or
under Grantor,but not otherwise.
This Deed may be signed in counterparts,and it shall not be necessary to the validity of this
Deed that each Grantor sign the same counterpart of this instrument only that each Grantor sign at
least one counterpart hereof All counterparts of this instrument taken together shall constitute one
and the same instrument The original signature pages and acknowledgements from each
counterpart hereof may be attached to one(1)counterpart of this instrument and recorded.
EXECUTED this the IUday of 2009
GRANT
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C7 J es W Fontenot
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0 harlotte Fontenot
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C: PARIGI PROPERTY MANAGEMENT,LTD,
S a Texas limited partnership
C7 By Pangt Invest Inc
a Texas co general partner
H By
Sam C angj,Jr,
Its President
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Mozelle Plaisance bei same person also known
as Ruth Mozelle W ack Plaisance
F&A DOVER FAMILY LIMITED PARTNERSHIP
a Texas limited
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F -Dover,General Partner
pBy hn
Annette M Dover,General Partner
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THE SWEET FAMILY LIMITED PARTNERSHIP
.�' a Texas limited partnership
By RUCS Enterprises exas corporation,
general
By.
�p Vfeldon Sweet,
3 Its President
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PARIGI PROPERTY MANAG LTD.
a Texas Immted partership
By Pangs In ac
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a Texas on,general partner
'-' By
C Pangs,Jr,
is President
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0 Mozelle Plaesance being the same person also known
:C as Ruth Mozelle Womack Plaisame
By
ntte Fontenot,her duly authonzed
agent and attorney-in-fact
F&A DOVER FAMILY L PARTNERSHIP
( a Texas lututed partnersln
CD By
0 Frank L ,General Partner
By
= M Dover,General Partner
n THE SWEET FAMILY PARTNERSHIP
a Texas Inmated partners u
By RLJCS Inc,a Texas corporatim
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C(D 54Adon Sweet,
n is President
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STC RENTALS, INC.
(DD a Texas corporation
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By ..t' WCMALW
C1`TrorffW Cavett,
Its Secretary
CONCORD E TOWNHOMES ASSOCIATION,
an uninco ociation
By;
Sam c Pangi,
Its President
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O Lee ane Lawrence,being the same person
-�C also known as Marie C Lawrence
GRANTEE'S MAILING ADDRESS
P O Box 3827
Beaumont,TX 77704-3827
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STATE OF TEXAS §
COUNTY OF JEFFERSON §
CCC7j This instrument was acknowledged before me on the day of _ cr i 'e-- , 2409, by
James W Fontenot
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SUED MESSINA 1 No Public,State of Texas
My Publt�cu,�sS�tate Ot Tesas i �Y
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�j This instrument was acknowledged before me on the L�day of , 2009, by
Charlotte Fontenot
trrr�.n.—w.,..,.-.
pt o4 SUE D MESSINA ,
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STATE OF TEXAS
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COUNTY OF JEFFERSON §
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r-r This instrument was acknowledged before me on this LT day of / ,2009, by
On Sam C Parigi, Jr., President of Pangi Investments, Inc, a Texas corporation on behalf of said
corporation,general partner on behalf of Parigi Property Management,Ltd ,,a Texas limited partnership
I *tp&. SUE D MESSINA Notary P�Gc.State(N Texas I y � Notary Public,State of Texas
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STATE OF TEXAS §
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This instrument was acknowledged before me on day of , 2009, by
Zg Mozelle Platsance being the same person also known uth Mozelle Womack Plarsance
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Notary Public,State ofTexas
n STATE OF TEXAS §
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COUNTY OF R`r 'M%S §
41
This instrument was acknowledged before me on this E day of 2009, by
Frank L. Dover, general partner on behalf of F & A Dover Family Limited Partnership, a Texas
3
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limited partnership.
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'C 1 � � Notary Public,State of Texas
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STATE OF TEXAS §
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COUNTY OF JEFFERSON §
pThis rostnurunrt was acknowledged before me day of__ , 2009,by
t= Charlotte Fontenot
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Notary Public,State of Texas
STATE OF TEXAS §
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COUNTY OF JEFFERSON §
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This mst<ument was acimowledged before me this day of .2009, by
p Sam C Pangr, Jr, Presided of Pangi In Inc, a Texas curporatDon on behalf of said
corporation,general partner on behalf of Pangr Mamgpment,Ltd,a Texas limited partnership
Notary Public,State of Texas
STATE OF TEXAS §
§
c—j COUNTY OF JEFFERSON §
� This u>strmiient was acknowledged before me on the�iby of t6u�'.k. . 2004,by
Chwlotte Fontenot, as the duly m tha and agent and attomcy-in-fad of Mozdle Plarsw=, bemg the
p some person also known as Ruth Moselle Wom wk Plaisance
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Notary Public,State of Texas
^~~SUE D MESSMA ~i
,MO Of Tewl
STATE OF TEXAS § •° e:
COUNTY OF § Z 020204
This mstrument was acknowledged before me on this y of .2009, by
3 Frank L Dover, pne al partrw on behalf of F & A Do amily Lumted Partnmship, a Texas
(D limited pP
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0 otary Public,State of Texas
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This instrument was acknowledged before me on this V day of y �'' ,2009, by
Annette M Dover, general partner on behalf of F & A Dover Family Limited Partnership, a Texas
limited partnership
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This instrument was acknowledged before me on this )5 day of 4N��—�' , 2009, by
0 R Leldon Sweet, President of RLJCS Enterprises, Inc, a Texas corporation on behalf of said
corporation, general partner on behalf of The Sweet Family Limited Partnership, a Texas limited
partnership —..—
SUE D
ME
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*27-20`10 t Notary Public,State of Texas
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COUNTY OF JEFFERSON §
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ZA This instrument was acknowledged before me on this L day of D V ,2009, by
Clifford W.Cavett,Secretary of STC Rentals,a Texas corporation,on behalf of said corporation
l ~ r n SUE DSS{NA t Notary Public,State of Texas
Notary Pty..Slate O(Texast
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STATE OF TEXAS §
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0 COUNTY OF JEFFERSON §
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This instrument was acknowledged before me on this�day of f V'�-� ,2009, by
Sam C Pangi, Jr., President of Concord Place Townhomes Association, an unincorporated
�. association,on behalf of said association
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STATE OF TEXAS §
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COUNTY OF JEFFERSON
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This instrumcnt was acknowledged before me on the.LL day of � � , 2009, by
Lee Mane Lawrence, being the same person also known as Mane C Lawrence
Notary Public,State of Texas
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0 Being a 0 0445 acre(1937 square feet)of land,situated m the F Bigner Survey,Abstract No 1,said
= tract being out of and part of Concord Place Townhomes recorded in Volume 2, Page(s) 116 and
117 of the Condominium Records of Jefferson County Texas, said 0 0445 acre of land being more
particularly described as follows:
COMMENCING at an 1" iron pipe found for the most Northerly corner of a called 0 806 acre tract
of land conveyed to Ashley Barry and Lindsay Bang by deed dated July 18, 2007, recorded under
County Clerk's File No 2007027869 in the Official Public Records of Real Property of Jefferson
County,Texas,and being the most Easterly corner of the said Concord Place Townhomes,
THENCE SOUTH 320 09' 43" WEST along the boundary line between the said Barry tract and the
said Concord Place Townhomes for a distance of 225.56 feet to a 5/8" iron rod with cap stamped
"City of Beaumont ROW Monument" set for corner an the proposed Northeast right-of-way line of
Concord Road,said point being the POINT OF BEGINNING of the parcel herein described,
THENCE, SOUTH 32° 09' 43" WEST,continuing along the boundary line between the said Bang
0 tract and the said Concord Place Townhomes for a distance of 12 44 feet to a point for corner,said
^C point being the most Westerly corner of the said Barry tract and the most Southerly corner of the
said Concord Place Townhomes, and from said corner a 1/2" iron rod bears SOUTH 32° 09' 43"
WEST 1 23',
THENCE, NORTH 610 57' 21" WEST, along the existing Northeast right-of-way line of Concord
Road for a distance of 19 34 feet to a point for corner, said comer being the beginning of a curve
turning to the left having a radius of 1303 24 feet and being subtended by a chord bearing NORTH
65°26'42" WEST having a chord length of 158 62 feet,
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THENCE NORTHWESTERLY,along and with said curve and the existing Northeast nght-of-way
line of Concord Road, for an arc length of 158.72 feet to a point for comer, said point being the
p Southwesterly comer of the said Concord Place Townhomes and also said point being the
Southeasterly comer of that certain called 3 151 acre tract having been conveyed to Wallace A
�7 Domingue, and wife, Bettye Jean Domingue from Tula Mane Comstock by deed dated August 13,
�Q 1974, and being recorded under Volume 1844 page 277 of the Condominium records of Jefferson
County,Texas,and from said corner a concrete monument bears SOUTH 02°59' 00"EAST 0 53',
C'1 THENCE, NORTH 020 59' 00" WEST, along the boundary line between the said Concord Place
Townhomes and the said Domingue tract for a distance of 9.47 feet to a 518" iron rod with cap
stamped "City of Beaumont ROW Monument" set for comer in the proposed Northeasterly line of
t--i Concord Road, said comer being the beginning of a curve turning to the right having a radius of
1270 00 feet and bung subtended by a chord bearing SOUTH 66° 18' 11" EAST having a chord
tp length of 183 97 feet,
3
M, THENCE SOUTHEASTERLY, along and with said curve and the proposed Northeasterly nght-of-
way of Concord Road,for an arc length of 184 13 feet the POINT OF BEGINNING and containing
0.0445 acre(1937 square feet)of land
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