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HomeMy WebLinkAboutRES 11-060 RESOLUTION NO.11-060 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 #63: 0.3592 acre out of the Thomas Spear Survey Abstract No. 50 (5440 Concord Road) Value: $80,000.00 Owner: Juanita Westmoreland 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 15th day of February, 2011. It C 7 ayor Becky Ames - W AGREEMENT PROJECT: Concord Road Pavement Widening Project Parcel 63 THE STATE OF TEXAS X COUNTY OF JEFFERSON X This agreement between Juanita Westmoreland of the County of Jefferson, State of Texas, hereinafter called GRANTOR, and the City of Beaumont, Texas, acting;by and through its duly authorized Agent,hereinafter called GRANTEE,witnesseth: GRANTEE and the GRANTOR above recited have reached an agreement wherein the GRANTORS are to convey to the GRANTEE the property described fully in a Special Warranty Deed to be executed by GRANTORS,to which reference is hereby made for complete description, said property being; briefly described as follows: 0.3592 acre tract out of the Thomas Spear Survey, Abstract No. 50, Beaumont, Jefferson County,Texas. The consideration and conditions of agreement are fully listed and stated. GRANTEE will pay GRANTORS as follows: EIGHTY THOUSAND AND NO/100 DOLLARS, ($80,000.00) 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 GRANTEE 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. ` da of a� l� 2oJ EXECUTED this, y Cl T 0^ BEAUM Pd'1 a oc`� Juanita Westmoreland En g gn ecrin Su.ervisor LINDA SUE CROOM, ATTORNEY-IN-PACT FOR JUANI.TA WESTMORELAND w/ C:11ZealP ropertyLetterslCon cor-dlAgreement63wpd EXHIBIT "A" June 2009 Parcel 63 Page 1 of 5 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 63 Being a 0.3592 acre (15,648 square feet) of land, situated in the Thomas Spear League, Abstract No. 50, and being out of and part of that certain called 1 Y2 acre tract of land having been conveyed to Garland Steve Westmoreland from James T. Gore and wife, Anna M. Gore by deed dated September 5, 1946, and being recorded under Volume 636 Page 324, of the Deed records of Jefferson County, Texas, and also being .. out of and part of that certain tract of land having been conveyed to G. S. Westmoreland from S. J. Westmoreland by deed dated April 19, 1955, and being recorded under Volume 973 Page 633 of the Deed Records of Jefferson County, Texas, said 0.3592 acre (15,648 square feet) of land being more particularly described as follows; COMMENCING at an 1/2 iron rod with cap stamped "F & S" found for the West corner of the said 1 '/2 acre Westmoreland tract and also said point being in the North line of that certain tract of land having been conveyed to William J. Travis from Reba Cox Westmoreland, widow of E. S. Westmoreland by deed dated January 14, 1985, and being recorded under Film Code No. 100-88-2352 of the Real Property records of Jefferson County, Texas; THENCE, NORTH 40°39'33" EAST along the Northwest line of the said 1 '/2 acre Westmoreland tract for a distance of 307.82 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwesterly right-of-way line of Concord Road, said point being the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 40 039'33" EAST, continuing along the Northwest line of the said 1 '/2 acre Westmoreland tract for a distance of 29.21 feet to a point for corner in the existing Southwesterly right-of-way line of Concord Road, said point being the North corner of the said 1 1/2 acre Westmoreland tract, and from said point a 5/8" iron rod with cap found bears SOUTH 40 039'33" WEST for a distance of 1.65 feet; 2) THENCE, SOUTH 52°26'36" EAST, along the existing Southwesterly right-of-way of Concord Road for a distance of 386.70 feet to a point for corner in the existing Southwesterly right-of-way line of Concord Road, said point being the most Easterly corner of the said 1 '/2 acre Westmoreland tract and said point being the Northerly corner of that certain tract of land having been conveyed to Thomas C. Hogan and Margo Hoyt by deed dated July 27, 1997, and being recorded under Film Code No. 100-88-2352 of the Real Property records of Jefferson County, Texas, and from said point a 1/2" iron pipe bears NORTH 88°41'43" WEST for a distance of 1.54 feet; June 2009 Parcel 63 Page 2 of 5 EXHIBIT_ 3) THENCE, SOUTH 87°49'39" WEST, along the boundary between the said Hogan et al tract and the said 1 '/1 acre Westmoreland tract for a distance of 89.89 feet to a point for corner, said point being the Northwest corner of the said Hogan et al tract and said point being the Northeast corner of the said Westmoreland tract recorded under Volume 973 Page 633; 4) THENCE, SOUTH 02 019'49" EAST, along the boundary between the said Hogan et al tract and the said Westmoreland tract recorded under Volume 973 Page 633 for a distance of 7.26 feet to a 518 iron rod with cap stamped "City of Beaumont ROW - Monument" set for corner in the proposed Southwesterly right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 245.00 feet and being subtended by a chord bearing NORTH 35 015'00" WEST having a chord length of 8.67 feet; 5) THENCE NORTHWESTERLY, along and with said curve, for an arc length of 8.67 feet to a 518 iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwesterly right-of-way line of Concord Road, said corner being in the North line of the said Westmoreland tract being recorded under Volume 973 Page 633 and in the South line of the said 1 '/2 acre Westmoreland tract, said corner also being the beginning of a curve turning to the left having a radius of 245.00 feet and being subtended by a chord bearing NORTH 4105725" WEST having a chord length of 48.61 feet; 6) THENCE NORTHWESTERLY, along and with said curve, for an arc length of 48.69 feet to a 518" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Southwesterly right-of-way line of Concord Road; 7) THENCE, NORTH 47°39'01" WEST along the proposed Southwesterly right-of-way line of Concord Road for a distance of 268.67 feet to the POINT OF BEGINNING and containing 0.3592 acre (15,648 square feet) of land. June 2009 Parcel 63 Page 3 of 5 EXHIBIT 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 ri GIVEN UNDER MY HAND AND SEAL THIS THE2'5 DAY OF JUNE 2009. WLdbra k, Mark W. Whiteley RPLS;.#3;6,3fi-"",`; " LEGEND ® SET 5/8" 1. R. WITH CAP STAMPED °CITY OF BEAUMONT ROW MONUMENT' 0 TXDOT CONTROL MONUMENT xz PARCEL NUMBER THOMAS SPEAR SURVEY 0 FND PROPERTY CORNER AS NOTED ABSTRACT NO. 50 d POWER POLE PROPOSED ROW LINE PARENT TRACT EXISTING ROW LINE N.T.S. PROPERTY LINE SURVEY LINE O,B. PAR CIO, 6 _ COUNTY LINE -pQ lfh'90 CALLED 10.604 ACRES CALLED 1.50 ACRES ACADEMY, LTO GARLAND STEVE WESTMORELAND JUNE 14, 2007 SEPTEMBER 5, 1946 63 CF. NO. 2001023100 VOL 636 C, 324 OPRJC P.O.C. PAR 63 FNO 112' 1. ROD WICAP STAMPED -F&S" G. S. WESTMORELAND WILLIAM J. TRAVIS APRIL 19, 1955 JANUARY 14, 1985 VOL. 9733, PC, 63J FC NO. 100-88-2352 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. r� C7 T 1_ TAKING ".'r �: i +":Y• ''' EXISTING REMAINING ACRES ACRES/(S.F.) ACRES j! PARCEL 63, 2. 3763 0. 3592 2/(15648) 2. 0171 MARK W. WHITELI';Y:= ;: AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 63 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX HWY. HAUMM, TEXAS 77720-5492 BEAUMONT, TEXAS 7_77.03 Cl`AI E 1" � 50' JUNE 2009 ' 409-892-04`21 (FAX) 409-8P EXHIBIT "B" SHEET 4. OF 5 PI STA. 5 9,3-,Ir 0=44*13'56' R=275.0000' 0) _FND 5/8" I. ROD 'N\CAP BEARS 7���l I!r T=111.755e' co 40'39'33"W 1.65---, L=212.2991' 6 .2 Ch=207,0664'i C 0 N C/0 R D ROAD_ I C�_ FND 1/2" 1. PIPE BEARS--, :�===20-50'05- LN88'41'43"W 1.5T 3 a- fT73TnTG-- L:=-5+00- I S5F2C36 E 86.70' RfG_H__r_0_lF_WAY_7/ _N47'41L17 .56W 489.24 PROPOSED BASELINE ELI N47'39'01"t 2 0� 2+5.23 RIGHI 30.00 LT i-o 68.67', PROPOSEQ OF AY P-O.B. PAR. 63 �5+28-55 �--- L— C2 \ 1 30-00 LT RESjpc-NC� 2+59.89_/ L CALLED 10.604 ACRES 30-00 LT ACADEMY, LTD 1+95-50 JUNE 14 2007 CF. NO 2d07023100 30.00 LT OPRJC CN o CALLED 1.50 ACRES x GARLAND STEVE WESTERMARELAND LLI SEPTEMBER 5, 1946 VOL. 636, PG. 324 G. S. WESTMORELAND DRJC APRIL 19, 1955 VOL. 973 PG. 0033 DR�C 0 / ' �j/ P.O.C. PAR. 63 FND 1/2" 1. ROD W\CAP ST AM P ED _F&S PARCEL PLAT CURVE RADIUS ARC LENGTH CHORD LENGTH I CHORD BEARN DELTA ANGLE SHOWING PARCEL 63 Cl 245.00' 1 8.67' 8.67' N,35-15'00'V 02'01'37" `2 1 245.00' 1 48.69' 48.61' N 4 1'5 7'2 5"W 11*23'12" I CONCORD ROAD JEFFERSON COUNTY LINE BEkRiA'G DISTAI_VC_E_� Ll N40'3933E 29.21''; SCALE 1 50' JUNE 2009 L2 S02'19'49-E 7.26 SHEET 5 OF 5 DD 2011009153 a PGS 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, JUANITA D. WESTMORELAND, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of EIGHTY THOUSAND AND NO/100 ($80,000.00) 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 March, 2011. (`,u�� Juanita D. Westmoreland By: inda Sue Westmoreland Croom, as Agent and Attorney-in-Fact for Juanita D. Westmoreland STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of March, 2011,by Linda Sue Westmoreland Croom, as Agent and Attorney-in-Fact for Juanita D. Westmoreland. t (*Notary TAMMY WILLIAMS No ary Pu 'c, St of Texas t Public,State Of Texas t My Commission Expires t 11-21-2013 t RETURN TO: City of Beaumont c/o Antoinette Hardy P.O. Box 3827 Beaumont,TX 77704 June 2009 Parcel 63 Page 1 of 5 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 63 Being a 0.3592 acre (15,648 square feet) of land, situated in the Thomas Spear League, Abstract No. 50, and being out of and part of that certain called 1 Y2 acre tract of land having been conveyed to Garland Steve Westmoreland from James T. Gore and wife, Anna M. Gore by deed dated September 5, 1944, and being recorded under Volume 636 Page 324, of the Deed records of Jefferson County, Texas, and also being _ out of and part of that certain tract of land having been conveyed to G. S. Westmoreland from S. J. Westmoreland by deed dated April 19, 1955, and being recorded under Volume 973 Page 633 of the Deed Records of Jefferson County, Texas, said 0.3592 acre (15,648 square feet) of land being more particularly described as follows; COMMENCING at an 1/2" iron rod with cap stamped "F & S" found for the West corner of the said 1 Y2 acre Westmoreland tract and also said point being in the North line of that certain tract of land having been conveyed to William J. Travis from Reba Cox Westmoreland, widow of E. S. Westmoreland by deed dated January 14, 1985, and being recorded under Film Code No. 100-88-2352 of the Real Property records of Jefferson County, Texas; THENCE, NORTH 40°39'33" EAST along the Northwest line of the said 1 Y2 acre Westmoreland tract for a distance of 307.82 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwesterly right-of-way line of Concord Road, said point being the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 40 039'33" EAST, continuing along the Northwest line of the said 1 Y2 acre Westmoreland tract for a distance of 29.21 feet to a point for corner in the existing Southwesterly right-of-way line of Concord Road, said point being the North corner of the said 1 Y2 acre Westmoreland tract, and from said point a 5/8" iron rod with cap found bears SOUTH 40 039'33" WEST for a distance of 1.65 feet; 2) THENCE, SOUTH 52°26'36" EAST, along the existing Southwesterly right-of-way of Concord Road for a distance of 386.70 feet to a point for corner in the existing Southwesterly right-of-way line of Concord Road, said point being the most Easterly corner of the said 1 '/2 acre Westmoreland tract and said point being the Northerly corner of that certain tract of land having been conveyed to Thomas C. Hogan and Margo Hoyt by deed dated July 27, 1997, and being recorded under Film Code No. 100-88-2352 of the Real Property records of Jefferson County, Texas, and from said point a 1/2" iron pipe bears NORTH 88°41'43" WEST for a distance of 1.54 feet; June 2009 Parcel 63 Page 2 of 5 EXHIBIT 3) THENCE, SOUTH 87°49'39" WEST, along the boundary between the said Hogan et al tract and the said 1 '/2 acre Westmoreland tract for a distance of 89.89 feet to a point for corner, said point being the Northwest corner of the said Hogan et al tract and said point being the Northeast corner of the said Westmoreland tract recorded under Volume 973 Page 633; 4) THENCE, SOUTH 02°19'49" EAST, along the boundary between the said Hogan et al tract and the said Westmoreland tract recorded under Volume 973 Page 633 for a distance of 7.26 feet to a 518" iron rod with cap stamped "City of Beaumont ROW _ Monument" set for corner in the proposed Southwesterly right-of-way line of Concord Road, said comer also being the beginning of a curve turning to the left having a radius of 245.00 feet and being subtended by a chord bearing NORTH 35°1600" WEST having a chord length of 8.67 feet; 5) THENCE NORTHWESTERLY, along and with said curve, for an arc length of 8.67 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwesterly right-of-way line of Concord Road, said corner being in the North line of the said Westmoreland tract being recorded under Volume 973 Page 633 and in the South line of the said 1 Y2 acre Westmoreland tract, said corner also being the beginning of a curve turning to the left having a radius of 245.00 feet and being subtended by a chord bearing NORTH 41'57'25" WEST having a chord length of 48.61 feet; 6) THENCE NORTHWESTERLY, along and with said curve, for an arc length of 48.69 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwesterly right-of-way line of Concord Road; 7) THENCE, NORTH 47°39'01" WEST along the proposed Southwesterly right-of-way line of Concord Road for a distance of 268.67 feet to the POINT OF BEGINNING and containing 0.3592 acre (15,648 square feet) of land. June 2009 Parcel 63 Page 3 of 5 EXHIBIT 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 surrey. Surveyed February 2009 ri GIVEN UNDER MY HAND AND SEAL THIS THEZ'J DAY OF JUNE 2009. _ A F T • Mark W. Whiteley, RPL LEY 9 3636 ess °� ti''• d.........UJ� LEGEND ■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTROL MONUMENT xx PARCEL NUMBER THOMAS SURVEY o FND PROPERTY CORNER AS NOTED ABSTRACT NO. 50 POWER POLE PROPOSED ROW LINE EXISTING ROW LINE PARENT TRACT PROPERTY LINE N.T.S. SURVEY LINE .0.6. PAR 6 CIO, C COUNTY LINE C'P4-p vo CALLED 10.604 ACRES CALLED 1.50 ACRES ACADEMY, LTD GQLAND STEVE WESTMORELAND _ JUNE 14, 2007 SEPTEMBER 5, 1946 63 CF. NO 2007023100 VOL 636 PG. 324 P.O.C. PAR 63 FND 1/2'L ROD W\CAP STAMPED —F&S' G. S. WESTMORELAND WILLIAM J. TRAVIS APRIL 19, 1955 JANUARY 14, 1985 VOL. 973, PC 633 FC NO. 100-86-2352 DRJC 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. ,t�•OF TF-F Q;�G� E 9F•.'9 •....... Y•••• EXISTING TAKING REMAINING y� � ¢ ACRES ACRES/ S.F. ACRES • o G•�SU�J�� 2. 3763 PARCEL 63, Z 0171 +MARK . WHITEL 0.359 2/(15648)D ASSOCIATES INCORPORATED PARCEL PLAT TING ENGINEERS, SHOWING ORS, AND PLANNERS PARCEL 63 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 JUNE 2009 409-892-0421 (FAX) 409-892-1346 SCALE 1 = 50 SHEET 4 OF 5 PI STA. = 1+59.34 0=44°13'56" R=275.0000' rn PFND 5/8" I. ROD W\CAP BEARS T=111.7558' 40'39'33"W 1.65 L=212.2991' Lo C O N C O R D ROAD Ch=207;0664' N FND 1/2""I. PIPE BEARS_ D=20°50'05" N88'41 43 W 1.54 NG 5+00 S52'26'36"E 386.70' a_ RIGHT OF W Y __N47'41'17.56T W489.24 J PROPOSED BASELINE o `° 2+5.23 N47'39'01"W 62 PROPOSED RIGHT OF WAY 268.67' ° 30.00 LT '.O.B. PAR. 63 C2 \ 5+28.55 30,00 LT � 64 RESIDENCE 2+59.89 C 1 63 CALLED 10.604 ACRES 30.00 LT ACADEMY, LTD 1+95,50 JUNE 14, 2007 30.00 LT CF. NO. 2007023100 N 00 o CALLED 1.50 ACRES GARLAND STEVE WESTERMARELAND SEPTEMBER 5, 1946 G. S. WESTMORELAND VOL. 636, PG. 324 APRIL 19, 1955 DRJC VOL. 973, PG. 633 o, DRJC 0 d- z P.O.C. PAR. 63 �B FND 112" I. w cAP PARCEL PLAT STAMPED &S" SHOWING CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE PARCEL 63 C1 245.00' 8.67' 8.67' N35'1 5'00"w 02'01'37" C2 245.00' 48.69' 48.61' N41'57'25"W 11.23'12" CONCORD ROAD JEFFERSON COUNTY FL2 NE BEARING DISTANCE N40'39'33"E 29.21' SCALE 1 " = 50' JUNE 2009 S02'19'49'E 7.26' SHEET 5 OF 5