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Home My WebLink AboutRES 11-025 RESOLUTION NO.11-025 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 #31: 0.0059 acre out of F. Bigner Survey Abstract No. 1 (5575 Concord Road) Value: $6,999.99 Owner: Michael R. Maurer 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 18' day of January, 2011. _,�� to I y - M r Becky Ames - 14 �.i 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, MICHAEL R. MAURER, ET UX, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of SIX THOUSAND NINE HUNRED NINETY-NINE AND NO/100 ($6,999.00) DOLLARS and other good and valuable consideration, to it in hand paid by the City of Beaumont, a municipal corporation, domiciled in JefTerson 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 EXHIBIT"A" 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 , 2011. MICHAEL R. MAURER, ET UX STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of ,2011, by MICHAEL R. MAURER. Notary Public, State of Texas RETURN TO: City of Beaumont do Antoinette Hardy Y.O.Box 3827 Beaumont,TX 77704 April 2009 Parcel 31 Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 31 Being a 0.0599 acre (2,609 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain tract of land having been conveyed to Michael R. Maurer and wife, Frances E. Maurer from Muriel Agnes Hayes Smiley, Independent Executrix of the Estate of Agnes A. Hayes, by deed dated November 3, 1986, and being recorded under Film Code No. 101-62-1005 of the Real Property records of Jefferson County, Texas, said 0.0599 acre (2,609 square feet) of land being more particularly described as follows; COMMENCING at an 2" iron pipe with cap found for the Southwest corner of that certain called 2.933 acre tract having been conveyed to Jonathan W. Finch and wife, Barbette Elaine Finch from Exeen Thiele Morgan, by deed dated October 27, 1986, and being recorded under Film Code No. 101-61-0250 of the Real Property records of Jefferson County, Texas; THENCE, NORTH 19°23'29" EAST along the boundary line between the said 2.933 acre Finch tract and the said Maurer tract for a distance of 779.29 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, from said corner a 1" iron pipe found bears SOUTH 19°23'29"WEST 2.58 feet, also said corner being the POINT OF BEGINNING of the parcel herein described; 1} THENCE, NORTH 60 023'58" WEST, along the proposed Southwest right-of-way lien of Concord Road for a distance of 231.16 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 also being the beginning of a curve turning to the left having a radius of 1190.00 feet and being subtended by a chord bearing NORTH 60 053'58" WEST having a chord length of 20.74 feet; 2) THENCE NORTHWESTERLY, along and with said curve, for an arc length of 20.74 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, said corner being in the Westerly line of the said Maurer tract and also said point being in the Easterly right-of-way line of Treadway Road; April 2009 Parcel 31 Page 2 of 4 EXHIBIT 3) THENCE, NORTH 12°24'04" EAST along the East right-of-way line of Treadway Road for a distance of 7.94 feet to a point for corner in the existing Southwest right- of-way of Concord Road, said point being the Northwesterly corner of the said Maurer tract, 4) THENCE, SOUTH 61057'21" EAST along the existing Southwest right-of-way of Concord Road for a distance of 123.22 feet to a point for comer, said corner also being the beginning of a curve turning to the right having a radius of 2834.79 feet and being subtended by a chord bearing SOUTH 60 039'07" EAST having a chord length of 129.03 feet; 5) THENCE SOUTHEASTERLY, along and with said curve, for an arc length of 129.04 feet to a point for corner, said corner being the Northeast corner of the said Maurer tract and being the Northwest corner of the said 2.933 acre Finch tract; 6) THENCE, SOUTH 19'23'29"29 WEST, along the boundary line between the said Maurer tract and the said 2.933 acre Finch tract for a distance of 11.50 feet to the POINT OF BEGINNING and containing 0.0599 acre (2,609 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 THEE DAY OF APRIL 2009. ••i •1L Y Mark W. Whiteley RPLS #3636 � �j ;1'o..Y1; LEGEND ■ SET 5/8' I. R. W I TH CAP STAMPE D 'C I TY OF BEAUMONT ROW MONUMENT" TXDOT CONTROL. MONUMENT xx PARCEL. NUMBER PARENT TRACT 0 FND PROPERTY CORNER AS NOTED N.T.S. 0 POWER POLE CONCORD ROAD PROPOSED ROW LINE EXISTING ROW LINE 31 P.0,8. (�— PROPERTY LINE PARCEL 31 — — SURVEY LINE �o COUNTY LINE F. BIGNER SURVEY ABSTRACT N0. 1 0 0 A41CHAEL R. MAURER & WIFE, FRANCES E. MAURER NOVEMBER 3, 1986 FC. Na 101-62-1005 OPRJC s CALLED 2.933 ACRES JONATHAN W. FINCH & " WIFE, BARBETTE ELAINE FINCH OCTOBER 27, 1986 P.O.0 PARCEL 31 FC. NO. 101-61-0250 FND. 2" 1. PIPE OPRJC 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. br EXISTING TAKING REMAINING •4 ACRES ACRES (S.F.) ACRES „� ".• `t PARCEL 31, :>" i;.;...,,F..• 2. 2462 2. 1863 `•��,-,-: 0.0599/(2609) MARK W. WHITELEY AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 31 ® CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3260 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 SCALE 1 = 50' APRIL 2009 409-892-0421 (FAX) 409-892-1346 SHEET "3 OF 4 EXHIBIT "B" co CQ -- 1, � ='r� i1 v3 ' BASELINE a o _r - r-�J -�' PROPOSED B Lo fn uj moo 175+00__- �-__- - -EXISTING RIGHT OF WAY '26'16-7 - .y---•-�--__.�- ----`--. __._. - {�-__-' � _�_ r — F WAY L-05°53'33" z 1. = 125 22+--------! PROPOSED RIGHT R- 2400 0000' 3 w _ f -561'57'21°E �--------` '' 173+42.85 FND 1" L PIPE BEARS T=123.5202' °D� o - N609-2Y 8"`N 231.16 40.00LT S19'23'29"W 2.58' L=246.8227' re P n Gh=246.7139' ° US b C 1 P.O.B. PAR. 31 30 z 175+75.05 D=02'23'14' ` 1�40.00LT =f 175+95.49 z z 40.00LT CALLED 2.933 ACRES Z JONATHAN W. FINCH & o 31 Z? - WIFE, BARRETTE ELAINE FINCH o r� oi OCTOBER 27, 1986 r U N W FC. NO. 101 -61-0250 MICHAEL R. MAURER & N OPRJC }_ WIFE, FRANCES E. MAURER -s�� *; m C NOVEMBER 3, 1986 tntn �g� a 2 FC. NO. 101-62-1005 Q w• w cp � O 01 01 0 t- 0oIn ornco P.O.C. PAR. 31 FND 2" � E. PIPE U U U PARCEL PLAT SHOWING LINE BEARING DISTANCE PARCEL 31 Lr 17.50' N1224'04"E 7.94' Slg' L2 519'23'30 0"4V CONCORD ROAD JEFFERSON COUNTY SCALE 1 " = 50' APRIL 2009 SHEET 4 OF 4 Recorded Electronically ID 2--0\, � C)C) 't68Q4 County 1 t"SO t,� Date Time 1 O NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NA'-'UR AM"&*m3kIn WM7 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, MICHAEL R. MAURER and FRANCES E. MAURE',R, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in cons�deration of the sum of SIX THOUSAND NINE HUNRED NINETY-NINE AND NO/100 ($6,999.00) 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 , 2011. MICHAEL R. MAURER VRANCES E. MAURER STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the d/ �day of 2011, by MICHAEL R. MAURER. Notary Public, State of Texas \A\itf I! STATE OF TEXAS X c aaIa 0EL rat ; No+aty Pi t3iic T :as ! r r,�pti. ✓ 1vCTS,;.,LJn COUNTY OF JEFFERSON X �' G.w.� _ F9brucar Y l7 2,, "),' This instrument was acknowledged before me on this they 'V" day of , 2011, by FRANCES E. MAURER. &Wje�4— f A�- "��W Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 J r t k e 2`12 Beaumont,TX 77704 , EXHIBIT "A" BEING A 0.0599 ACRE (2,609 SQUARE FEET) OF LAND, SITUATED IN THE F. BIGNER SURVEY, ABSTRACT NO. 1, OUT OF AND PART OF THAT CERTAIN TRACT OF LAND HAVING BEEN CONVEYED TO MICHAEL R. MAURER AND WIFE, FRANCES E. MAURER FROM MURIEL AGNES HAYES SMILEY, INDEPENDENT EXECUTRIX OF THE ESTATE OF AGNES A. HAYES, BY DEED DATED NOVEMBER 3, 1986, AND BEING RECORDED UNDER FILM CODE NO. 101- 62-1005 OF THE REAL PROPERTY RECORDS OF JEFFERSON COUNTY, TEXAS, SAID 0.0599 ACRE (2,609 SQUARE FEET) OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT AN 2" IRON PIPE WITH CAP FOUND FOR THE SOUTHWEST CORNER OF THAT CERTAIN CALLED 2.933 ACRE TRACT HAVING BEEN CONVEYED TO JONATHAN W. FINCH AND WIFE, BARBETTE ELAINE FINCH FROM EXEEN THIELE MORGAN, BY DEED DATED OCTOBER 27, 1986, AND BEING RECORDED UNDER FILM CODE NO. 101-61-0250 OF THE REAL PROPERTY RECORDS OF JEFFERSON COUNTY, TEXAS; THENCE, NORTH 19°23'29" EAST ALONG THE BOUNDARY LINE BETWEEN THE SAID 2.933 ACRE FINCH TRACT AND THE SAID MAURER TRACT FOR A DISTANCE OF 779.29 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, FROM SAID CORNER A 1" IRON PIPE FOUND BEARS SOUTH 19°23'29" WEST 2.58 FEET, ALSO SAID CORNER BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; 1)THENCE, NORTH 60°23'58" WEST, ALONG THE PROPOSED SOUTHWEST RIGHT-OF-WAY LIEN OF CONCORD ROAD FOR A DISTANCE OF 231.16 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 ALSO BEING THE BEGINNING OF A CURVE TURNING TO THE LEFT HAVING A RADIUS OF 1190.00 FEET AND BEING SUBTENDED BY A CHORD BEARING NORTH 60 053'58" WEST HAVING A CHORD LENGTH OF 20.74 FEET; 2)THENCE NORTHWESTERLY, ALONG AND WITH SAID CURVE, FOR AN ARC LENGTH OF 20.74 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 IN THE WESTERLY LINE OF THE SAID MAURER TRACT AND ALSO SAID POINT BEING IN THE EASTERLY RIGHT-OF-WAY LINE OF TREADWAY ROAD; 3)THENCE, NORTH 12°24'04" EAST ALONG THE EAST RIGHT-OF-WAY LINE OF TREADWAY ROAD FOR A DISTANCE OF 7.94 FEET TO A POINT FOR CORNER IN THE EXISTING SOUTHWEST RIGHT-OF-WAY OF CONCORD ROAD, SAID POINT BEING THE NORTHWESTERLY CORNER OF THE SAID MAURER TRACT; 4)THENCE, SOUTH 61°57'21" EAST ALONG THE EXISTING SOUTHWEST RIGHT-OF-WAY OF CONCORD ROAD FOR A DISTANCE OF 123.22 FEET TO A POINT FOR CORNER, SAID CORNER ALSO BEING THE BEGINNING OF A CURVE TURNING TO THE RIGHT HAVING A RADIUS OF 2834.79 FEET AND BEING SUBTENDED BY A CHORD BEARING SOUTH 60 038'07" EAST HAVING A CHORD LENGTH OF 129.03 FEET; 5)THENCE SOUTHEASTERLY, ALONG AND WITH SAID CURVE, FOR AN ARC LENGTH OF 129.04 FEET TO A POINT FOR CORNER, SAID CORNER BEING THE NORTHEAST CORNER OF THE SAID MAURER TRACT AND BEING THE NORTHWEST CORNER OF THE SAID 2.933 ACRE FINCH TRACT; 6) THENCE, SOUTH 19°23'29" WEST, ALONG THE BOUNDARY LINE BETWEEN THE SAID MAURER TRACT AND THE SAID 2.933 ACRE FINCH TRACT FOR A DISTANCE OF 11.50 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.0599 ACRE (2,609 SQUARE FEET) OF LAND. FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2011 Jan 2810:31 AM Fee: $ 24.00 �= 2011003682 CAROLYN L. GUIDRY COUNTY CLERK JEFFERSON COUNTY TEXAS *Electronically Recorded*