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HomeMy WebLinkAboutRES 11-035 RESOLUTION NO.11-035 WHEREAS, an agreement has been negotiated for the acquisition of property described below in Exhibit"A" and shown on Exhibits "B" and "C," attached hereto, for the Concord Road Pavement Widening Project: Parcel #49: 0.0798 acre out of F. Bigner Survey Abstract No. 1 (6030 Concord Road) Value: $13,499.00 Owners: Barbara Nebgen 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 25th day of January, 2011. dw �rC�QOHI,'\x,1,1 ayor Beck Ames - ot'. e �1 11 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY 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, BARBARA NEBGEN, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of THIRTEEN THOUSAND FOUR HUNDRED NINETY-NINE AND NO/100 ($13,499.00) 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. 0. 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 EXHIBIT"A" 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. BARBARA NEBGEN STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by BARBARA NEBGEN. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 AGREEMENT PROJECT: Concord Road Pavement Widening Project Parcel 49 `I'HE STATE OF TEXAS X COUNTY OF JEFFERSON X This agreement between the BARBARA NEBGEN, of the County of Jefferson, State of Texas, hereinafter called GRANTORS,and the City of Beaumont,Texas,acting by and through its duly authorized Agent,hereinafter called GRANTEE,witnesseth: CITY OF BEAUMONT and the GRANTORS above recited have reached an agreement wherein the GRANTORS are to convey to the CITY OF BEAUMONT property described fully in a Special WaiTanty Deed to be executed by GRANTORS, to which reference is hereby made for complete description,said property being briefly described as follows: 0.0798 acre of land, situated in the F. Bigner Survey, Abstract No. 1, in the City of Beaumont,Jefferson County,Texas(6030 Concord) The consideration and conditions of agreement are fully listed and stated. The CITY OF BEAUMONT will pay GRANTORS as follows: $13,500.00 less $.�2() ---- for improvements retained. L—"'—GRANTORS desire to retain the following improvements: A. Rock Driveway $1.00 GRANTORS do not wish to retain any improvements. All liens and taxes(either current or delinquent)will be deducted. It is further agreed that the terms of agreement herein stated are in consideration of the delivery to the CITY OF BEAUMONT of a valid conveyance of all rights, title and interest described in the Special Warranty Deed from GRANTORS to the CITY OF BEAUMONT.. THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. EXECUTED tl)is�day of 20� CITY OF BEAUMONT BARBARA NEBGEN �j1/V�- VIJI Lt� Antoinette Hardy Real Property Coordinator March 2009 Parcel 49 Page 1 of 5 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 49 Being a 0.0798 acre (3,477 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 1.00 acre tract of land having been conveyed to Walter H. Nebgen and wife, Barbara J. Nebgen from R. R. Cole and wife, Ferle Nall Cole, and F. A. Cole, individually and as sole surviving heir of Claudia W. Cole by deed dated November 18, 1976 and being recorded under Volume 1969 Page 279, Deed records of Jefferson County, Texas, and also being out of and part of that certain called 1 acre tract of land having been conveyed to Walter Hugh Nebgen and wife, Barbara Jean Nebgen from David Allen Monteaux and wife, Doris Elva Monteaux, by deed dated February 21, 1975 and being recorded under Volume 1868 Page 50 of the Deed records of Jefferson County, Texas, said 0.0798 (3,477 square feet) acre of land being more particularly described as follows; COMMENCING a 2" iron pipe found for the Northwesterly corner of the said 1.00 acre Nebgen tract recorded in Volume 1969 Page 279 and the most Northeasterly comer of that certain called 0.9977 acre tract of land having been conveyed to J C Modica from Jennifer Hamilton Bryan, by deed dated January 15, 2001 and being recorded under Clerk's File No. 2001002677 of the Real Property records of Jefferson County, Texas; THENCE, SOUTH 14°13'14" WEST, along the West line of the said 1.00 acre Nebgen tract recorded in Volume 1969 Page 279 and the East line of the said 0.9977 acre Modica tract for a distance of 313.65 feet to a 518" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road and the POINT OF BEGINNING of the parcel herein described, said corner also being the beginning of a curve turning to the left having a radius of 2354.00 feet and being subtended by a chord bearing SOUTH 61°18'12" EAST having a chord length of 62.67 feet; 1) THENCE, SOUTHEASTERLY, along said curve for an arc length of 62.67 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; March 2009 Parcel 49 Page 2 of 5 EXHIBIT 2) THENCE, SOUTH 62 003'58" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 61.72 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 being in the East line of the said 1.00 acre Nebgen tract recorded in Volume 1969 Page 279 and the West line of the said 1 acre Nebgen tract recorded in Volume 1868 Page 50; 3) THENCE, SOUTH 62 003'58" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 74.40 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; 4) THENCE, SOUTH 55013'24" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 34.03 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 corner being in the East line of the said 1 acre Nebgen tract recorded in Volume 1868 Page 50 and in the West line of that certain called 6.6074 acre tract of land, also being identified as Tract I, having been conveyed to Gene A. Van Meter from Monica O'Connor by deed dated September 20, 2007 and being recorded under Clerk's File No. 2007037089 of the Real Property records of Jefferson County, Texas; 5) THENCE, SOUTH 21 018'38" WEST, along the East line of the said 1 acre Nebgen tract recorded in Volume 1868 Page 50 and along the West line of the said 6.6074 acre Van Meter tract for a distance of 11.41 feet to a point for corner in the existing Northeast right-of-way line of Concord Road, said point being the Southeasterly corner of the said 1 acre Nebgen tract recorded in Volume 1868 Page 50 and the Southwesterly corner of the said 6.6074 acre Van Meter tract, and from said point a 5/8" iron rod bears NORTH 21°18'38" EAST a distance of 1.24 feet; 6) THENCE, NORTH 62 003'31" WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 105.77 feet to a point for corner, said comer being the Southwest corner of the said 1 acre Nebgen tract recorded in Volume 1868 Page 50 and being the most Southerly corner of the said 1.00 acre Nebgen tract recorded in Volume 1969 Page 279, and from said point a 5/8" iron rod bears NORTH 14°16'05" EAST a distance of 0.68 feet; 7) THENCE, NORTH 62 003'31"WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 74.64 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 right having a radius of 925.00 feet and being subtended by a chord bearing NORTH 60 030'49" WEST having a chord length of 49.87 feet; March 2009 Parcel 49 Page 3of5 EXHIBIT 8) THENCE, NORTHWESTERLY, along said curve for an arc length of 49.88 feet to a point for corner in the existing Northeast right-of-way of Concord Road, said corner being the Southwest corner of the said 1.00 acre Nebgen tract recorded in Volume 1969 Page 279 and the most Southerly comer of that certain called 0.9977 acre tract of land having been conveyed to J C Modica from Jennifer Hamilton Bryan, by deed dated January 15, 2001 and being recorded under Clerk's File No. 2001002677 of the Real Property records of Jefferson County, Texas, and from said corner a 112" iron pipe bears NORTH 14 013'14" EAST a distance of 1.03 feet; 9) THENCE, NORTH 14°13'14" EAST, along the Westerly line of the said 1.00 acre Nebgen tract recorded in Volume 1969 Page 279 and the Easterly line of the said 0.9977 acre Modica tract for a distance of 15.28 feet to the POINT OF BEGINNING and containing 0.0798 acre (3,477 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 Al GIVEN UNDER MY HAND AND SEAL.:THIS THE'L�y DAY OF March 2009. IN VA hu _. Mark W. Whiteley, RPLS #S6 .. LEGEND i SET 5/B' I. R. WITH CAP STAMPED "CITY OF 13EALJM❑NT ROW MONUMENT" TXDOT CONTROL MONUMENT xx PARCEL. NUMBER THOMAS SPEAR SURVEY 0 FND PROPERTY CORNER AS NOTED ABSTRACT NO. 50 41 POWER POLE F. BIGNER SURVEY PROPOSED ROW LINE ABSTRACT NO. 1 EXISTING ROW LINE PROPERTY LINE P.O. PAR 49 FNO. 2 1. PIPE — — SURVEY LINE COUNTY LINE CALLED 1.00 ACRES CALLED 6.6074 ACRES ALTER HUGH N£8GEN, et ux CE A. VAN METER FEBRUARY 24, 1975 SEPTT EMBER 69 CALLED 1,00 ACRES VOL 1868, PG. 50 CF N0. 200770O 370089 WALTER H. NEBGEN, e( ux ORX OPRX CALLED 0,9977 ACRES NOVEMBER 18, 1976 J C MODICA VOL. 1969, PG. 279 JANUARY 15, 2001 DRJC CF NO. 2001002677 OPRJC P.0.a PARCEL-49 49 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 ACCOMPANIES THIS PARCEL PLAT, \ TAKING • �- • �'�� -��� EXISTING REMAINING ACRES ACRES S.F: ACRES PARCEL 49, 2. 00 0.0799A 3477) 1. 9202 MARK W. WHITELEY AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 4 9 ® CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 SCALE 1" = 50' MARCH 2009 409-892-0421 (FAX) 409-092-1346 SHEET 4 OF 5 EXHIBIT "B" LINE BEARING BEARING DISTANCE S� V�� L 1 S52'03'58'E 61.72' V T� L2 S55'13'24 E 34.03' g L3 S21'1838'W 71.41' �t 6� L4 N 14'13'14"E 15.28' CALLED 1.00 ACRES r' WALTER HUGH NEBGEN, et ux 00 FEBRUARY 24, 1975 P.O.C. PAR. 49 Ln U-)FND 2" _- VOL. 1868, PG. 50 I PIPE 0- DRJC CALLED 6.6074 ACRES TRACT i CALLED 0.9977 ACRES �' o GENE A. VAN METER J C MODICA r-_ CALLED 1.00 ACRES 'n o SEPTEMBER 20, 2007 JANUARY 15, 2001 `o" `�R WALTER H. NEBGEN, et ux „�u� co N CF NO. 2007037089 CF NO. 2001002677 �'. NOVEMBER 18, i 976 �oo OPRJC OPRJC r' o VOL. 1969, PG. 279 0_ DRJC °��, N N Z� Pi STA=206+02.52 C-A o = b5" c1� 197+24.51 17'04 m 2 R=2400.0000' S0 49 'L 46.00RT X T=360.1396' t _� ` 49 196+16.31 W L=714.9448' 198+50.12 P.O.B. ~� \. `. 42.00RT Ch=712.3042' 46.00RT 1` '[ PAR. 49 1`97+86.22 196+50.11 !,f D=02'23'14" "! 46.00RT 46.00RT 46 C 1 L i S62'03'S8"E 74.40' L2 PROPOSED RIGHT OF WAY _ I C2 N62'03'31"W 74.64' N62'03'31"W 105.77' EXISTING RIG � -_ HT OF - FND 5/$° I. ROD BEARS_ -- / BEARS--- _- r. -- FND 1/2" I. PIPE BEARS-`--` -FND 5 8" i. ROD . ,-� ;�; _K: ' ; .� iV 14'13'14"E i.03'x—---- -N 1416'15"E 0.68'W_ �--- - N 1 18'38 _ _ _ �1 97+00 �-'--- --� --- PROPOSED BASELINE----,----- N6- � 2'614.56W 1132 ' N----7--�---�_ -- PARCEL PLAT SHOWING �`--~-- PARCEL 49 CONCORD ROAD JEFFERSON COUNT`( CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING I DELTA ANGLE MARCH 2009 Cl 2354.00' 62.67' 62.67' 561'18'12"E 01'31'31" SCALE 1 " = 50' C2 925.00' 49.88' 49.87' N50'30'49"W 03'05'23" SHEET 5 OF 5 IIIIIIIIIilllllllllllllllllllllllllllllllllllllllllllili!!II DD PGS 2011 004418 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY 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 b r-1 SPECIAL WARRANTY DEED That, BARBARA JEAN NEBGEN, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of THIRTEEN THOUSAND FOUR HUNDRED NINETY-NINE AND NO/100 ($13,499.00) 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 Z day of C , 2011. IBN-AR-B JEAN EBGEN STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of r , 2011, by BARBARA JEAN NEBGEN. f I o Py pUm TAMMY WILLIAMS `I I Z Notary Public,State Of Texas I otary lic, to of Texas I 9l pry My Commission Expires I I FoFsF 11-21-2013 I RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 March 2009 Parcel 49 Page 1 of 5 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 49 Being a 0.0798 acre (3,477 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 1.00 acre tract of land having been conveyed to Walter H. Nebgen and wife, Barbara J. Nebgen from R. R. Cole and wife, Ferle Nall Cole, and F. A. Cole, individually and as sole surviving heir of Claudia W. Cole by deed dated November 18, 1976 and being recorded under Volume 1969 Page 279, Deed records of Jefferson County, Texas, and also being out of and part of that certain called 1 acre tract of land having been conveyed to Walter Hugh Nebgen and wife, Barbara Jean Nebgen from David Allen Monteaux and wife, Doris Elva Monteaux, by deed dated February 21, 1975 and being recorded under Volume 1868 Page 50 of the Deed records of Jefferson County, Texas, said 0.0798 (3,477 square feet) acre of land being more particularly described as follows; COMMENCING a 2 iron pipe found for the Northwesterly corner of the said 1.00 acre Nebgen tract recorded in Volume 1969 Page 279 and the most Northeasterly corner of that certain called 0.9977 acre tract of land having been conveyed to J C Modica from Jennifer Hamilton Bryan, by deed dated January 15, 2001 and being recorded under Clerk's File No. 2001002677 of the Real Property records of Jefferson County, Texas; THENCE, SOUTH 14°13'14" WEST, along the West line of the said 1.00 acre Nebgen tract recorded in Volume 1969 Page 279 and the East line of the said 0.9977 acre Modica tract for a distance of 313.65 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 and the POINT OF BEGINNING of the parcel herein described, said corner also being the beginning of a curve turning to the left having a radius of 2354.00 feet and being subtended by a chord bearing SOUTH 61018'12" EAST having a chord length of 62.67 feet; 1) THENCE, SOUTHEASTERLY, along said curve for an arc length of 62.67 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; March 2009 Parcel 49 Page 2 of 5 EXHIBIT 2) THENCE, SOUTH 62°03'58" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 61.72 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, said corner being in the East line of the said 1.00 acre Nebgen tract recorded in Volume 1969 Page 279 and the West line of the said 1 acre Nebgen tract recorded in Volume 1868 Page 50; 3) THENCE, SOUTH 62°03'58" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 74.40 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; 4) THENCE, SOUTH 55 013'24" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 34.03 feet to a 518" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road, said corner being in the East line of the said 1 acre Nebgen tract recorded in Volume 1868 Page 50 and in the West line of that certain called 6.6074 acre tract of land, also being identified as Tract I, having been conveyed to Gene A. Van Meter from Monica O'Connor by deed dated September 20, 2007 and being recorded under Clerk's File No. 2007037089 of the Real Property records of Jefferson County, Texas; 5) THENCE, SOUTH 21 018'38" WEST, along the East line of the said 1 acre Nebgen tract recorded in Volume 1868 Page 50 and along the West line of the said 6.6074 acre Van Meter tract for a distance of 11.41 feet to a point for corner in the existing Northeast right-of-way line of Concord Road, said point being the Southeasterly corner of the said 1 acre Nebgen tract recorded in Volume 1868 Page 50 and the Southwesterly corner of the said 6.6074 acre Van Meter tract, and from said point a 5/8" iron rod bears NORTH 21018'38" EAST a distance of 1.24 feet; 6) THENCE, NORTH 62°03'31" WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 105.77 feet to a point for corner, said corner being the Southwest corner of the said 1 acre Nebgen tract recorded in Volume 1868 Page 50 and being the most Southerly corner of the said 1.00 acre Nebgen tract recorded in Volume 1969 Page 279, and from said point a 5/8" iron rod bears NORTH 14 016'05" EAST a distance of 0.68 feet; 7) THENCE, NORTH 62°03'31" WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 74.64 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 right having a radius of 925.00 feet and being subtended by a chord bearing NORTH 60 030'49" WEST having a chord length of 49.87 feet; March 2009 Parcel 49 /� Page 3 of 5 EXHIBIT /� 8) THENCE, NORTHWESTERLY, along said curve for an arc length of 49.88 feet to a point for corner in the existing Northeast right-of-way of Concord Road, said corner being the Southwest corner of the said 1.00 acre Nebgen tract recorded in Volume 1969 Page 279 and the most Southerly corner of that certain called 0.9977 acre tract of land having been conveyed to J C Modica from Jennifer Hamilton Bryan, by deed dated January 15, 2001 and being recorded under Clerk's File No. 2001002677 of the Real Property records of Jefferson County, Texas, and from said corner a 112" iron pipe bears NORTH 14°13'14" EAST a distance of 1.03 feet; 9) THENCE, NORTH 14°13'14" EAST, along the Westerly line of the said 1.00 acre Nebgen tract recorded in Volume 1969 Page 279 and the Easterly line of the said 0.9977 acre Modica tract for a distance of 15.28 feet to the POINT OF BEGINNING and containing 0.0798 acre (3,477 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 Al y GIVEN UNDER MY HAND AND , FNIS THE'Ll DAY OF March 2009. f2 Mark W. Whiteley, RPLS #3 swf' LEGEND ■ SET 5/8" 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT" TXDOT CONTROL MONUMENT xx PARCEL NUMBER THOMAS SPEAR SURVEY 0 FND PROPERTY CORNER AS NOTED ABSTRACT NO. 50 POWER POLE F. SIGNER SURVEY PROPOSED ROW LINE ABSTRACT NO. 1 EXISTING ROW LINE PROPERTY LINE P.O.0 PARCEL 49 FND. 2 1. PIPE SURVEY LINE COUNTY LINE CALLED 1.00 ACRES CALLED 6.6074 ACRES ALTER HUGH NE8GEN, e1 ux GENE A VAN METER FEBRUARY 24, 1975 SFPTEMBER 20, 2007 CF N0 CALLED 1.00 ACRES VOL. 1868, PG. 50 . 2007037089 WALTER H. NEBGEN, et ux DRJC OPRJC CALLED 0.9977 ACRES NOVEMBER 18, 1976 J C MODICA VOL. 1969, PG. 279 JANUARY 15, 2001 DRJC CF NO. 2001002677 OPRJC P.O.B. PARCEL 49 49 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 ACCOMPANIES THIS PARCEL PLAT. LI { O e r e EXISTING TAKING REMAINING ACRES ACRES/(S-F) ACRES Y� PARCEL 49, 2, 00 0. 0798/(3477) 1, 9202 +MARK . WHITELEY D ASSOCIATES INCORPORATED PARCEL PLAT TING ENGINEERS, SHOWING ORS, AND PLANNERS PARCEL 49 © CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 SCALE 1 " = 50' MARCH 2009 409-892-0421 (FAX) 409-892-1346 SHEET 4 OF 5 LINE BEARING DISTANCE U 1�V V L 1 S62'03'58'E 61.72' L2 S55'13'24"E 34.03' 1�6 �`g �� O , L3 S2 8 8 W 15.28' L4 N 14'13'14 41) CALLED 1.00 ACRES WALTER HUGH NEBGEN, et ux co FEBRUARY 24, 1975 u o P.O.C. PAR. 49 /- VOL. 1868, PG. 50 r-N FND 2" '�,o DRJC � -1- I. PIPE CALLED 6.6074 ACRES TRACT I CALLED 0.9977 ACRES -�, CALLED 1.00 ACRES 0)rn 000 GENE A. VAN METER J C MODICA ,-_ SEPTEMBER 20, 2007 JANUARY 15, 2001 `o `' c9 WALTER H. NEBGEN, et ux uo 00 N CF N0. 2001002677 `r' NOVEMBER 18, 1976 - o N CF N0. 2007037089 OPRJC �'o VOL. 1969, PG. 279 0 o N OPRJC DRJC o� PI STA=206+02.52 0=17°04'05" 197+24,51 R=2400.0000' S0 ✓�n 49 46.00RT 49 I T=360.1396' 196+16.31 L=714.9448' 198+50.12 P.O.B. I 42,OORT Ch=712.3042' 46,OORT ` PAR. 49 197+86,22 c 196+50,11 D=02'23'14" 46,OORT 46,00RT I 46 _ 1, L 1 S62°03'58"E 74.40' L2 C1 PROPOSED RIGHT OF WAY EXIST RAG C2 N62'03'31"W 74.64' N62°03'31"W 105.77' -- HT OF WAYS - ----- ----- ___ _ - _ N - / ---N21'18'38"E 1.24 - —__FND 5/8" I. ROD BEARS — -FND 1/2" I. PIPE BEARS —--FND 5/8" I. ROD BEARS N 14°16'1 5"E 0.68 ---N14'13'14"E 1.03'------ - -- --�— 197+00 PROPOSED BASELINE-- N N62'6'14.56'W_ 1326 ' - PARCEL PLAT SHOWING PARCEL 49 CONCORD ROAD JEFFERSON COUNTY -CURVE RADIUS ARC LENGTH CHORD LENGTH I CHORD BEARING DELTA ANGLE Cl 2354.00' 62.67' 62.67' 1 S61'18'12"E 01'31'31" SCALE 1 " = 50' MARCH 2009 C2 925.00' 49.88' 49.87' 1 N60'30'49"W 03'05'23" SHEET 5 OF 5 Illillllilllllllllllllllllllllllilllllllllllllllllllllllllil NOT 2011004479 10769-TW 3 PG5 NOTICE TO PURCHASERS The real property described below, which you are about to purchase, is located in Jefferson County Drainage District No. 6. The district has taxing authority separate from any other taxing authority and may, subject to voter approval, issue an unlimited rate of tax in payment of such bonds. As of this date, the rate of taxes levied- by the District on real property located in the District is 20.5587 cents on each $100 of assessed valuation. The total amount of bonds which has been approved by the voters and which have been or may at this date be issued is none; and the aggregate initial principal amounts of all bonds issued for one or more of the specified facilities of the District and payable in whole or in part from property taxes is $0. The District does not impose a standby fee. The purpose of this District is to provide drainage or flood control facilities and services within the District through the issuance of bonds payable in whole or in part from property taxes. The cost of these utility facilities is not included in the purchase price of your property, and these utility facilities are owned or to be owned by the District. The legal description of the property which you are acquiring is as follows: Being a 0.0798 acre (3,477 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 1.00 acre tract of land having been conveyed to Walter H. Nebgen and wife, Barbara J. Nebgen from R. R. Cole and wife, Ferle Nall Cole, and F. A. Cole, individually and as sole surviving heir of Claudia W. Cole by deed dated November 18, 1976 and being recorded under Volume 1969 Page 279, Deed records of Jefferson County, Texas, and also being out of and part of that certain called 1 acre tract of land having been conveyed to Walter Hugh Nebgen and wife, Barbara Jean Nebgen from David Allen Monteaux and wife, Doris Elva Monteaux, by deed dated February 21, 1975 and being recorded under Volume 1868 Page 50 of the Deed records of Jefferson County, Texas, said 0.0798 (3,477 square feet) acre of land being more particularly described as follows; COMMENCING a 2" iron pipe found for the Northwesterly corner of the said 1.00 acre Nebgen tract recorded in Volume 1969 Page 279 and the most Northeasterly corner of that certain called 0.9977 acre tract of land having been conveyed to J C Modica from Jennifer Hamilton Bryan, by deed dated January 15, 2001 and being recorded under Clerk's File No. 2001002677 of the Real Property records of Jefferson County, Texas; THENCE, SOUTH 14°13'14" WEST, along the West line of the said 1.00 acre Nebgen tract recorded in Volume 1969 Page 279 and the East line of the said 0.9977 acre Modica tract for a distance of 313.65 feet to a 5/8" iron rod with cap stamped "City of Beaumont Monument" set for corner in the proposed Northeast right-of-way of Concord Road and the P�OIN OF BEGINNING of the parcel herein described, said corner also being the beginning of a curve turn to the left having a radius of 2354.00 feet and being subtended by a chord bearing SOUTH 61'18'12" EAST having a chord length of 62.67 feet; 1) THENCE, SOUTHEASTERLY, along said curve for an are length of 62.67 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; Drainage District No.6 2) THENCE, SOUTH 62°03'58" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 61.72 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 corner being in the East line of the said 1.00 acre Nebgen tract recorded in Volume 1969 Page 279 and the West line of the said 1 acre Nebgen tract recorded in Volume 1868 Page 50; 3) THENCE, SOUTH 62°03'58" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 74.40 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; 4) THENCE, SOUTH 55°13'24" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 34.03 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 corner being in the East line of the said 1 acre Nebgen tract recorded in Volume 1868 Page 50 and in the West line of that certain called 6.6074 acre tract of land, also being identified as Tract I, having been conveyed to Gene A. Van Meter from Monica O'Connor by deed dated September 20, 2007 and being recorded under Clerk's File No. 2007037089 of the Real Property records of Jefferson County, Texas; 5) THENCE, SOUTH 21°18'38" WEST, along the East line of the said 1 acre Nebgen tract recorded in Volume 1868 Page 50 and along the West line of the said 6.6074 acre Van Meter tract for a distance of 11.41 feet to a point for corner in the existing Northeast right-of-way line of Concord Road, said point being the Southeasterly corner of the said 1 acre Nebgen tract recorded in Volume 1868 Page 50 and the Southwesterly corner of the said 6.6074 acre Van Meter tract, and from said point a 5/8" iron rod bears NORTH 21018'38" EAST a distance of 1.24 feet; 6) THENCE, NORTH 62°03'31" WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 105.77 feet to a point for corner, said corner being the Southwest corner of the said 1 acre Nebgen tract recorded in Volume 1868 Page 50 and being the most Southerly corner of the said 1.00 acre Nebgen tract recorded in Volume 1969 Page 279, and from said point a 5/8" iron rod bears NORTH 14°16'05" EAST a distance of 0.68 feet; 7) THENCE, NORTH 62°03'31" WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 74.64 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 right having a radius of 925.00 feet and being subtended by a chord bearing NORTH 60°30'49" WEST having a chord length of 49.87 feet; 8) THENCE, NORTHWESTERLY, along said curve for an arc length of 49.88 feet to a point for corner in the existing Northeast right-of-way of Concord Road, said corner being the Southwest corner of the said 1.00 acre Nebgen tract recorded in Volume 1969 Page 279 and the most Southerly corner of that certain called 0.9977 acre tract of land having been conveyed to J C Modica from Jennifer Hamilton Bryan, by deed dated January 15, 2001 and being recorded under Clerk's File No. 2001002677 of the Real Property records of Jefferson County, Texas, and from said corner a 1/2" iron pipe bears NORTH 14'13'14" EAST a distance of 1.03 feet; 9) THENCE, NORTH 14°13'14" EAST, along the Westerly line of the said 1.00 acre Nebgen tract recorded in Volume 1969 Page 279 and the Easterly line of the said 0.9977 acre Modica tract for a distance of 15.28 feet to the POINT OF BEGINNING and containing 0.0798 acre (3,477 square feet) of land. Drainage District No.6 garbara Date Jean Neb `n PURCHASERS ARE ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASERS ARE ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM. The undersigned purchasers hereby acknowledge receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of the real property described in such notice or at closing of purchase of the real property. Z Inz— ' 1 l City of Be Date BY: Cra' oc , Eng' upervisor STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on February 2— 1, by B bara Jean Nebgen. ter-------ter-------ran I ��Q�Pom TAMMY MLLIAMS t N ary is ate f Texas I Notary Public,State Of Texas I i 9rFOF`�y My Commission Expires I 11-21-2013 I STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on February2 , 2011,by Craig Koch, Engineering Supervisor of City of Beaumont. I. —.....,.r...—.,....— ...r...t I .ppy°�a TAMMY 1NILLIAMS I I z Notary ublic, otary ,,PState o f Texas ry State Of Texas I 1 'FOFt��Py Commission ? ----------------- After recording, return to: FILED AND RECORDED City of Beaumont P.O. Box 3827 OFFICIAL PUBLIC RECORDS Beaumont, Texas 77704 Attn.: Antoinette Hardy 2011 Feb 03, 01:46 PM 2011004479 JAMES: $24.00 Drainage District No.6 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY, TEXAS