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Home My WebLink AboutRES 11-007 RESOLUTION NO.11-007 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 #19: 0.0188 acre out of E pt Tract 29, French Heights Addition (5275 Concord Road) Value: $1,000.00 Owner: Tomas C. Barboza, Jr. 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. to ��, 11 � U I FW ��4 �� - Mayor Becky Ames - AW 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 JEFFERSONX SPECIAL WARRANTY DEED That, TOMAS C.BARBOZA,JR.,of the County of Jefferson, State of Texas,hereinafter called GRANTORS for and in consideration of the sum of ONE THOUSAND AND NO 1100 {$1,000.00}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. F. 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 EXHIBIT "A" GRANTEE and GRANTEE'S successors and assigns,forever;and said GRANTORS 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 GRANTORS but not otherwise. EXECUTED this the day of ) 2011. TOMAS C. BARBOZA ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of. .20 11, by TOMAS C.BARBOZA,JR. Notary Public, State of Texas RETURN TO: Ci ty of Beaumont c/o Antoinette Hardy P.0.Box 3827 Beaumont,Texas 77704 April 2009 Parcel 19 Page 1 of 4 EXHIBIT i County: Jefferson - Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 19 Being a 0.0188 acre (820 square feet) of land, situated in the A. Williams Survey, Abstract No. 385, out of and part of that certain called 0.460 acre tract of land having been conveyed to Tomas C. Barboza, Jr. from Huey P. Soileau and Elba Sue Williams Soileau by deed dated November 18, 1998• being recorded under Clerk's File No. 9843111 of the Real Property Records of Jefferson County, Texas, said 0.0188 acre (820 square feet)of land being more particularly described as follows; COMMENCING at a 1" iron pipe with cap found for the most Westerly comer of the said 0.460 acre Barboza tract and said point being the most Southerly corner of that certain'tract of land being identified as Tract No. 2 having been conveyed to Nazario Ledezma and Angela Ledezma from James-Robbins and Shirley Robbins, by deed dated September 5, 2008, and being recorded under Clerk's File No. 2008031560 of the Real Property records of Jefferson County, Texas; THENCE, NORTH 35°18'35" EAST along the Northwesterly comer of the said 0.460 .acre Barboza tract and the Southeasterly line of said Tract No. 2 for a distance of 235.86 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument° set for corner in the proposed Southwest right-of-way line of Concord Road, said comer being the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 35°18'35" EAST, continuing along the Northwesterly line of the said 0.460 acre Barboza tract and the Southeasterly line of said Tract No. 2 for a distance of 9.69 feet to a point for comer in the existing Southwest right-of-way line of Concord Road, and from said point an axle found bears SOUTH 35°18'35"WEST for a distance of 1.90 feet; 2) THENCE, SOUTH 54°33'44" EAST, along the existing Southwest right-of-way line of Concord Road for a distance of 84.27 feet to a point for corner, said comer being the most Easterly corner of the said 0.460 acre Barboza tract and the most Northerly comer of that certain called 0.549 acre tract of land having been conveyed to James R. Callas from Larry Pedigo, Florence Boston, Lora Canter and Betty Mixson by deed dated November 22, 2004 being recorded under Clerk's File No. 2004045685 of the Real Property Records of Jefferson County, Texas; April 2009 Parcel 19 Page 2 of 4 EXHIBIT 3) THENCE, SOUTH 35 018'24" WEST along the Southeast line of the said 0.460 acre Barboza tract and along the Northwest line of the said 0.549 acre Callas tract for a distance of 9.78 feet to a 518" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of--way line of Concord. Road; 4) THENCE, NORTH 54°30'26" WEST, along the proposed Southwest right-of-way line of Concord Road for a distance of 84.27 feet to the POINT OF BEGINNING and containing 0.0188 acre(820 square feet)of land. 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 February 2009 GIVEN UNDER MY HAND AND SEAL THIS THEI) DAY OF APRIL 2009. r �,S TF+ 'N•M W.WHITE4..�.... EY ... ..........�� 3fi36 r i� Mark W. Whiteley, RPLS#3636 suo LEGEND v SET 5/6' I. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' 0 TXDOT CONTROL MONUMENT Q PARCEL NUMBER O FND PROPERTY CORNER AS NOTED POWER POLE PARENT TRACT PROPOSED ROW LINE N.T.S. EXISTING ROW LINE CONCORD ROAD —{�--- PROPERTY LINE — — SURVEY LINE P.O.B. COUNTY LINE p PARCEL 19 19 CALLED 0.46 ACRES o= TOMAS C. BARBOZA, JR. NOVEMBER 18, 1998 NAZARIO LEDEZMA & CF N0, 9843111 ANGELA LEDEZMA SEPTEMBER 5, 2008 OPRJC Cr NO. 2008031560 OPRJC CALLED 0.549 ACRES G� Z JAMES R. CALLAS NOVEMBER 2Z 2004 CF NO. 2004045685 OPRJC A. WILLIAMS SURVEY ABSTRACT NO. 385 P.O.0 PARCEL 19 FND. 1' 1. PIPE. BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 OF A PROPERTY DESCRIPTION OF EVEN DATE ••.s r E•:$1 ACCOMPANIES THIS PARCEL PLAT. A,t,.��° 9FO..N q. ......H.......H{TELEY... HH�HNrr.. N.HrH 9 3636 9 • E 3\ 'U EXISTING TAKING REMAINING ACRES ACRES/(S.F.) ACRES PARCEL 19, MARK W. WHITELEY o. 46 0.0l8(3/(S ) p• - AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 19 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 6492 3260 EAS EX FRWY. BEAUMONT, TEXAS 77726-6492 BEAUNONT, TEXAS 77703 409-692-0424 (FAx) 409-692-1346 SCALE 1 = 50� APRIL 2009 SHEET 3 OF 4 EXHIBIT "B" i �—N5_4'30'26"W 1552.99' 164+00� - PROPOSLD BASELINE \ ✓ FND AXLE BEARS CON O R D ROAD S35'18'35"W 1.90' (S51'15'00"E 84.27) EXISTING RIG T AY S54'33'44"E 84.27 163+71.31 X FN54� 0'26"W 84.27' PROPOSED RIGHT OF WAY 40.00LT 162+87,0 O.B. PAR. 19 40.00LT 24 O 19 NAZARIO LEDEZMA & ANGELA LEDEZMA CALLED 0.46 ACRES SEPTEMBER 5. 2008 TOMAS C. BARBOZA, JR. I CF NO.O2008031560 -- NOVEMBER 18, 1998 - r— x ctq U'n cq CF N0. 9843111 cv u) vi OPRJC CALLED 0.549 ACRES N JAMES R. CALLAS NOVEMBER 22, 2004 U j i� TRACT 1 TRACT 2 N N`0 LO cc N CF NO. 2004045685 F tn co 0o v, OPRJC I �--- � m zz z Mr _ v v X LLI C. 1 P.O.C. PAR. 19 gS�gN61 FND 1" �► I. PIPE (S51'45'10"E 84.27') S557 10'12"E 84.29' i i PARCEL PLAT SHOWING PARCEL 19 LINE BEARING DISTANCE CONCORD ROAD JEFFERSON COUNTY L 1 N35'18'35"E ' 9.69' L2 S35'1824"W 9.78' SCALE 1" = 50' APRIL 2009 SHEET 4 OF 4 Recorded E ectronically ID l County �� Date Time '. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NA t 7 REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, TOMAS C. BARBOZA, JR., of the County of Jefferson, State of Texas, hereinafter called GRANTORS for and in consideration of the sum of ONE THOUSAND AND NO/100 ($1,000.00) 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 GRANTORS 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 GRANTORS but not otherwise. EXECUTED this the o?7 day of 2011. TOMAS C. BARB ZAP ',19. ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the J76& day of J OLAK -Y` , 2011, by TOMAS C. BARBOZA, JR. &A". 0. Globqq Notary Public, State of Texas 15i[p¢• �..i CLAU0DIA D. DEShICIEL Poujiir„State of Texas nit C.;m,7ussian Expires 26,2012 RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,Texas 77704 EXHIBIT "A" Being a 0.0188 acre (820 square feet) of land, situated in the A. Williams Survey, Abstract No. 385, out of and part of that certain called 0.460 acre tract of land having been conveyed to Tomas C. Barboza, Jr. from Huey P. Soileau and Elba Sue Williams Soileau by deed dated November 18, 1998 being recorded under Clerk's File No. 9843111 of the Real Property Records of Jefferson County, Texas, said 0.0188 acre(820 square feet) of land being more particularly described as follows: COMMENCING at a 1" iron pipe with cap found for the most Westerly corner of the said 0.460 acre Barboza tract and said point being the most Southerly corner of that certain tract of land being identified as Tract No. 2 having been conveyed to James Robbins and wife, Shirley Robbins from Robert E. De Land, by deed dated February 7, 2006, and being recorded under Clerk's File No. 2006004810 of the Real Property records of Jefferson County, Texas; THENCE,NORTH 35-18' 35" EAST along the Northwesterly corner of the said 0.460 acre Barboza tract and the Southeasterly line of said Tract No. 2 for a distance of 235.86 feet to a 5/8" iron rod with cap stamped"City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, said corner being the POINT OF BEGINNING of the parcel herein described; 1) THENCE,NORTH 35-18' 35 EAST, continuing along the Northwesterly line of the said 0.460 acre Barboza tract and the Southeasterly line of said Tract No. 2 for a distance of 9.69 feet to a point for corner in the existing Southwest right-of-way line of Concord Road, and from said point an axle found bears SOUTH 35°18' 35" WEST for a distance of 1.90 feet; 2) THENCE, SOUTH 54° 33' 44" EAST, along the existing Southwest right-of-way line of Concord Road for a distance of 84.27 feet to a point for comer, said corner being the most Easterly corner of the said 0.460 acre Barboza tract and the most Northerly corner of that certain called 0.549 acre tract of land having been conveyed to James R. Callas from Larry Pedigo, Florence Boston, Lora Canter and Betty Mixson by deed dated November 22, 2004 being recorded under Clerk's File No. 20040445685 of the Real Property Records of Jefferson County, Texas; 3) THENCE, SOUTH 35°18' 24" WEST along the Southeast line of the said 0.460 acre Barboza tract and along the Northwest line of the said 0.549 acre Callas tract for a distance of 9.78 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road; 4) THENCE, NORTH 54° 30' 26' WEST, along the proposed Southwest right-of-way line of Concord Road for a distance of 84.27 feet to the POINT OF BEGINNING and containing 0.0188 acre (820 square feet) of land. FILED AND RECORDED OFFICIAL PUBLIC RECORDS ��;, 4 2011 Jan 28 09:54 AM Fee: $ 24.00 2011003666 CAROLYN L. GUIDRY COUNTY CLERK JEFFERSON COUNTY TEXAS *Electronically Recorded*