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HomeMy WebLinkAboutRES 11-006 RESOLUTION NO.11-006 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 #37: 0.0168 acre out of F. Bigner Survey Abstract No. 1 (5670 Concord Road) Value: $2,000.00 Owner: Land Manor, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, 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 11th day of January, 2011. ��.s.�'Ilk �� FONT \`111 ! w i �►j1� VMayor Becky Ames -� 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, LAND MANOR, INC.,of the County of Jefferson, State of Texas,hereinafter called GRANTOR for and in consideration of the sum of TWO THOUSAND AND NO/100 ($2,000.00)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 in Exhibit"A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself,her 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 herself and her 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 12011. MASON WILKINSON STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by MASON WILKINSON. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 e April 2009 Parcel 37 Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East.Lucas to US 96, 69,287 { PROPERTY DESCRIPTION FOR PARCEL 37 Being a 0.0168 acre (733 square feet)of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 3.9059 acre tract of land having been conveyed to Land Manor, Inc. from Mohammad A. Swat! by deed dated March 10, 1994 and being recorded under Clerk's File No. 94-9407991 of the Real Property records of Jefferson County, Texas, said 0.0168 (733 square feet) acre of land being more particularly described as follows; COMMENCING at a 1" iron pipe found for the Northwest comer of that certain called 3.151 acre tract of land 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 Deed Records of Jefferson County, Texas and being in the East line of the said 3.9059 acre Land Manor, Inc. tract; THENCE, SOUTH 03°03'28" EAST, along the East dine of the said 3.9059 acre Land Manor, tract and the West line of the said 3.151 acre Domingue tract for a distance of Inc.. 51. 09 feet to a 518" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Northeast right-of-way of Concord Road, and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, SOUTH 03°03'28" EAST, continuing along the East line of the said 3.9059 acre Land Manor, Inc. tract and the West line of the said 3.151 acre Domingue tract for a distance of 2.68 feet to a point for corner in the existing Northeast right-of-way of Concord Road, said corner also 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 80°29'42"WEST having a chord length of 45.65 feet; E 2) THENCE, NORTHWESTERLY, along said curve for an arc length of 45.65 feet to a point for corner in the existing Northeast(ght-of way of Concord Road; 3) THENCE, NORTH 81°29'55"WEST, along the existing Northeast right-of-way line of Concord Road fora distance of 42.19 feet to a point for comer, said comer also being the beginning of a curve turning to the right having a radius of 1115.92 feet and being subtended by a chord bearing NORTH 78°4536" WEST having a chord length of 106.64 feet; ' C April 2009 Parcel 37 Page 2 of 4 EXHIBIT 4) THENCE, NORTHWESTERLY, along said curve for an arc length of 106.68 feet to a point for comer in the existing Northeast right-of-way of Concord Road, said comer being Southwest comer of the said 3.9059 acre Land Manor, -Inc. tract and being the Southeast corner of that certain called 1.283 acre tract of land having been conveyed to W. H. Watkins, Jr., B. R. Casey, and J. E. Dollinger-from Concord Apartments by deed dated October 29, 1999 and being recorded under Clerk's File No. 1999041166 of the Real Property records of Jefferson County, Texas, and from said point a 2" iron pipe bears SOUTH 03°01'04" EAST a distance of 2.12 feet; ' 5) THENCE, NORTH 03 001'04" WEST, along the East line of the said 1.283 acre Watkins at al tract and the West line of the said 3.9059 acre Lang Manor, Inc. tract for a distance of 4.58 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Northeast right-of-way of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 970.00 feet and being subtended by a chord bearing SOUTH 77°51'59" EAST having a chord length of 73.34 feet; E I 6) THENCE, SOUTHEASTERLY, along said curve for an arc length of 73.36 feet to 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Northeast right-of-way of Concord Road; 7) THENCE, SOUTH 80 001'58" EAST, along the proposed Northeast right-of-way line of Concord Road for a distance of 121.58 feet to the POINT OF BEGINNING and containing 0.0168 acre (733 square feet) of land. i i� A parcel plat of even date accompanies this property description. 1, 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 comers are truly shown just as found at the time of the survey. Surveyed January 2009. GIVEN UNDER MY HAND AND SEAL THIS THE $ DAY OF April 2009. HITELEY.. W VVV ' • ' Mark W. Whiteley, RPLS #3636 �' Q`.... G��SUc��� i i • LEGEND ■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' 0 TXDOT CONTROL MONUMENT xx PARCEL NUMBER 0 FND PROPERTY CORNER AS NOTED POWER POLE CAU!iV J.9059 ACRES I" MANOR, INC. PROPOSED ROW LINE U4RCH 10, 1994 CF NO. 94-9407991 r EXISTING ROW LINE OPRJC - PROPERTY LINE ti I — — SURVEY LINE COUNTY LINE F. BIGNER SURVEY ABSTRACT NO, 1 P.O.0 PARCEL 37 FND. 1" L PIPE CALLED J.151 ACRES I WAUACE A MONVIX et ax f CALLED 1.283 ACRES AUGUST 13, 1974 W. LL WAIKINS JR el at VOL 1844. PC. 277 OCT08ER 26, 1999 DRJC CF N0. 199904116 OPRJC P.O.B. PARCEL 37 CONCORD ROAD PARENT TRACT j N.T.S. BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIP7ION OF THE PARENT TR4CT. i I SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. I OF T 1G 1 E 9•._ .9 �.'Q`, p osw•s I .W. 1iH 'E • 1 s ;0'F , EXISTING TAKING REMAINING ••...... ACRES ACRES S.F. ACRES PARCEL 37, I +ARK . WHITELEY • dq 3. 9059 0.0168/(733) 2.6462 D ASSOCIATES INCORPORATED PARCEL PLAT TING ENGINEERS, SHOWING ORS, AND PLANNERS PARCEL 37 € CONCORD ROAD JEFFERSON COUNTY P. 0' BOX 6492 3250 USTEX F . TEXA BEAUMONT. S 77726-5482 BUUMONT, TEXAS 77703 409-802--0421 (PAX) 409-892-1346 SCALE 1 = 50� APRIL' 2009 SHEET 3 OF 4 j EXHIBIT "B' LINE BEARING DISTANCE L 1 S03'03'28 E 2.68' L2 N81'29'55'W 42.19' L3 NO3'01'04"W 4.58' CALLED 1.283 ACRES P.O.C. PAR. 37 W. H. WATKINS JR. et al r to FND 1" OCTOBER 26, 1999 0 I. PIPE CALLED 3.151 ACRES CF NO. 1999041166 0 N WALLACE A. DOMINGUE, et ux. OPRJC 0 _. CALLED 3.9059 ACRES NN 0 AUGUST 13, 1974 `Q- o LAND MANOR, INC. 0 0 VOL. 1844, PG. 277 00, MARCH 10, 1994 0,0 - DRJC �^ CF NO. 94-9407991 co co OPRJC o0 COL U ul }� -co CA m PI STA=187+1.23 �'- `°w A=17 958'00' o W R=1010.0000' �cn T=159.6679' -� L.=316.7148'. 37 P.O.B. PAR. 37 Ch=315.4188' 38 D=05°40'22' O L,1$2+19.25 181+42.87 18Q+21.28 36 PROP 40.00RT /s8O*Ol'58"E 40.00RT 40.00RT OSE'p RIGNT IST/ Of �✓AY I`1G RtG C3 121.58' HT OF wAY L2 Cl 1 L1 C2 o cli FND 2'_I. PIPE BEARS a 1$2+00 � --� PARCEL PLAT S03'Q1'O4E 212 _ SHOWING CO V cO Ro �D 4 BASELINE_N8O'4'14.87"W 147.35- PAR C E L 37 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE CONCORD ROAD JEFFERSON COUNTY Ci 1303.24' 45.65' 45.65' N80'29'42"W 02'00'25" C2 1115.92' 106.68 106.64' N78'45'36"W 052838 SCALE 1" = 50' APRIL 2009 C3 970.00' 73.36' 73.34' S77'51'59"E 04'19'59" SHEET 4 OF 4 IIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII DD 2011003611 ,?"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, LAND MANOR, INC., of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of TWO THOUSAND AND NO/100 ($2,000.00) 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 in Exhibit"A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her 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 herself and her 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 2 day of January, 2011. LAND MANOR, INC., a Texas corporation ,,' BY: MAUNSE ILKINSON, Executive Director BY: Q L wz��� C V4RYL KAHCLAMAT, Associate e utive Director STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the 5 day of January, 2011, by Maunsell Wilkinson, Executive Director of Land Manor, Inc., a Texas corporation. vA I�------------ N Pam TAMMY WILLIAMS I N to lic, a e of Texas Z Notary Public,State Of Texas t j q��F`E,�py My Commission Expires I 11-21-2013 I I — I STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of January, 2011, by Cheryl Kahclamat, Associate Executive Director of Land Manor, Inc., a Texas corporation. LU No , Stat of Texas TAMMY WILLIAMS t Notary Public,State Of Texas t t '•EaF1E�py My Commission Expires t 1 11-21-2013 P t RETURN TO: City of Beaumont c/o Antoinette Hardy P. O. Box 3827 Beaumont,TX 77704 T April 2009 Parcel 37 Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 37 Being a 0.0168 acre (733 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 3.9059 acre tract of land having been conveyed to Land Manor, Inc. from Mohammad A. Swati by deed dated March 10, 1994 and being recorded under Clerk's File No. 94-9407991 of the Real Property records of Jefferson County, Texas, said 0.0168 (733 square feet) acre of land being more particularly described as follows; COMMENCING at a 1" iron pipe found for the Northwest comer of that certain called 3.151 acre tract of land 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 Deed Records of Jefferson County, Texas and being in the East line of the said 3.9059 acre Land Manor, Inc. tract; THENCE, SOUTH 03°03'28" EAST, along the East line of the said 3.9059 acre Land Manor, Inc. tract and the West line of the said 3.151 acre Domingue tract for a distance of 551.09 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Northeast right-of-way of Concord Road, and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, SOUTH 03 003'28" EAST, continuing along the East line of the said 3.9059 acre Land Manor, Inc. tract and the West line of the said 3.151 acre Domingue tract for a distance of 2.68 feet to a point for corner in the existing Northeast right-of-way of Concord Road, said corner also 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 80°29'42" WEST having a chord length of 45.65 feet; 2) THENCE, NORTHWESTERLY, along said curve for an arc length of 45.65 feet to a point for corner in the existing Northeast right-of-way of Concord Road; 3) THENCE, NORTH 81029'55" WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 42.19 feet to a point for corner, said corner also being the beginning of a curve turning to the right having a radius of 1115.92 feet and being subtended by a chord bearing NORTH 78°45'36" WEST having a chord length of 106.64 feet; April 2009 Parcel 37 Page 2 of 4 EXHIBIT 4) THENCE, NORTHWESTERLY, along said curve for an arc length of 106.68 feet to a point for corner in the existing Northeast right-of-way of Concord Road, said corner being Southwest corner of the said 3.9059 acre Land Manor, Inc. tract and being the Southeast corner of that certain called 1.283 acre tract of land having been conveyed to W. H. Watkins, Jr., B. R. Casey, and J. E. Dollinger from Concord Apartments by deed dated October 29, 1999 and being recorded under Clerk's File No. 1999041166 of the Real Property records of Jefferson County, Texas, and from said point a 2" iron pipe bears SOUTH 03°01'04" EAST a distance of 2.12 feet; 5) THENCE, NORTH 03°01'04" WEST, along the East line of the said 1.283 acre Watkins et al tract and the West line of the said 3.9059 acre Lang Manor, Inc. tract for a distance of 4.58 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 of Concord Road, said comer also being the beginning of a curve turning to the left having a radius of 970.00 feet and being subtended by a chord bearing SOUTH 77 051'59" EAST having a chord length of 73.34 feet; 6) THENCE, SOUTHEASTERLY, along said curve for an arc length of 73.36 feet to 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road; 7) THENCE, SOUTH 80°01'58" EAST, along the proposed Northeast right-of-way line of Concord Road for a distance of 121.58 feet to the POINT OF BEGINNING and containing 0.0168 acre (733 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 January 2009 GIVEN UNDER MY HAND AND SEAL THIS THE $ DAY OF April 2009. o° tS' _ F fi \ .......................I,, vVVV .'. .,.. r. O'.• Mark W. Whiteley, RPLS #3636 ........ �'` zz A�l LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED 'CITY OF BEAUM❑NT ROW MONUMENT' TXD❑T CONTROL MONUMENT Q PARCEL NUMBER o FND PROPERTY CORNER AS NOTED POWER POLE CALLED 3.9059 ACRES LAND MANOR, INC. PROPOSED ROW LINE MARCH 10, 1994 CF NO. 94-9407991 EXISTING ROW LINE OPRJC PROPERTY LINE SURVEY LINE COUNTY LINE F. BIGNER SURVEY ABSTRACT N0. 1 P.O.C PARCEL 37 FND. 1" 1. PIPE CALLED 3.151 ACRES WALLACE A DOMINGUE, et ux CALLED 1.283 ACRES AUGUST 13, 1974 W. H. WAIKINS JR. et of VOL. 1844' PG. 277 OCTOBER 26, 1999 DRJC CF NO. 199904116 OPRJC P.O.B. 3 PARCEL 37 CONCORD ROAD PARENT TRACT N.T.S. 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 F ACCOMPANIES THIS PARCEL PLAT. �• """""" MARK W. WHITELEY �A 3636 P '� O SUR" EXISTING TAKING REMAINING 4-8-09 ACRES ACRES S.F. ACRES 3, 9059 PARCEL 37, 3. 8891 MARK W. WHITELEY 0,0168/(733) AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 37 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FHIfY. BEAU1foNT, TEXAS 77728-5492 BE(AFAX) j09-89251 7703 SCALE 1 " = 50' APRIL 2009 409-892-0421 SHEET 3 OF 4 //7/rj l � B�C'l� LINE BEARING DISTANCE L1 S03'03'28"E 2.68' L2 N81'2955V 42.19' L3 NO3'01'04"W 4.58' CALLED 1.283 ACRES P.O.C. PAR. 37 W. O OBER WATKINS , 1 9 al N o I.NPIPE CALLED 3.151 ACRES OCTOBER 26, 1999 0 CF N0. 1999041166 0, w, cn WALLACE A. DOMINGUE, et ux 01999 00 CALLED 3.9059 ACRES j� °w, AUGUST 13, 1974 c9 o LAND MANOR, INC. o° o VOL. 1844, PG. 277 °o; MARCH 10, 1994 °oo DRJC rn �" CF NO. 94-9407991 uo cr! �, co OPRJC o�+ rl 0 co �� � PI STA=187+1.23 �_�'- c9 w 0=17°58'00' '' co 4> R=1010.0000' Crcs! T=159.6679' —! L=316,7148' 37 P.O.B. PAR. 37 Ch=315.4188' 38 D=05°40'22" O 1182+19,25 181+42,87 180+21,28 36 PROP 40.00RT /�80*01 '58"E 40.00RT 40.00RT OSED RIGHT �EXISTI OF wAY NG C3 121 .58' RIGHT OF WAY 3 C2 L2 C 1 L 1 cq FND 2" I. PIPE BEARS — CONCO �LSO3°01 '04°E 2.12'-1 82+00 PARCEL PLAT RD R� —" SHOWING TPROPOSED BASELINEN80'4'14.87"W 147.35 q� PARCEL 37 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE CONCORD ROAD JEFFERSON COUNTY Cl 1303.24' 45.65' 45.65' N80'29'42"W 02'00'25" C2 11 15.92' 106.68' 106.64' N78'45'36"W 05'28'38" SCALE 1 " = 50' APRIL 2009 C3 970.00' 73.36' 73.34' S77'51'59"E 04'19'59" SHEET 4 OF 4