HomeMy WebLinkAboutRES 11-062 RESOLUTION NO.11-062
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 #50: 0.0358 acre out of the F. Bigner Survey
Abstract No. 1 (6050 Concord Road)
Value: $10,500.00
Owner: J.C. Modica
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE C ITY 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.
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03/2017. 15:27 4098421860 MODICA BROS PAGE 08/03
AGREEMENT
PROJECT: Concord Road Pavement Widening Project
Parcel 50
T[-,[E STATE OF TEXAS X
COUNTY OF JEFFERSON X
This agreement between J. C. Modica of the County of Jefferson., State of Texas, hereinafter
called GRANTOR, and the City of Beaumont, Texas, acting by and through its duly authoiized
Agent,hereinafter called GRANTEE, witnesseth:
GRANTEE and the CrRA..NTOR above recited have reached an agreement wherein tl)e
GRANTORS are to convey to the GRANTEE the property described frilly 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 fellows:
0.0358 acre tract out of the F. Bigner Survey, Abstract No. 1, Beaumont, Jefferson
County, Texas.
The consideration and conditions of agreement are fully listed and stated. GRANTEE will pay
GRANTORS as follows:
TEN THOUSAND FIVE HUNDRED AND NO 1100 DOLLARS, ($10,500.00)
All liens and taxes (either current or delinquent)will be deducted.
It is further agreed that the texts of agreement herein stated are in consideration of the
delivery to the GRANTEE of a valid conveyance of a1J rights,title and interest described in the
Special Warranty Deed from GRANTORS to the CITY OF BEAUMONT.
THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVA_I, OF
THE BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF
AGREEMENT ARE FULLS' STATED HEREIN AND NO VERBAL AGREEMENTS
ARE AUTHORIZED.
EXECUTED thi day of ,20 .
CITY FF B T
Craig I J. C. Modica
Eti� tiara; Supe isor
C:\RealPropertyl_etters\Concord\AgreementSO.doc
EXHIBIT"A"
March 2009
Parcel 50
Page 1 of 4
EXHIBIT—
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 50
Being a 0.0358 acre (1,561 square feet) of land, situated in the F. Bigner Survey,
Abstract No. 1, out of and part 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, said 0.0358 (1,561 square feet) acre of land being
more particularly described as follows;
COMMENCING at a 2" iron pipe found for the Northeasterly corner of that certain
called 0.38 acre tract of land having been conveyed to Richard E. Bonura and wife,
Frances Bonura from Roy J. Worthy and wife, Aline Worthy, by deed dated March 3,
1966 and being recorded under Volume 1458 Page 111, of the Deed records of
Jefferson County, Texas and the most Northwesterly corner of the said 0.9977 acre
Modica tract;
THENCE, SOUTH 14°52'14" WEST, along the East line of the said 0.38 acre
Bonura tract and the West line of the said 0.9977 acre Modica tract for a distance of
214.04 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 58 029'28" EAST having a chord length of
168.37 feet;
1) THENCE, SOUTHEASTERLY, along said curve for an arc length of 168.41 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 0.997 acre Modica tract and also being in the West line 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 270, Deed records of
Jefferson County, Texas;
March 2009
Parcel 50
Page 2 of 4
EXHIBIT_
2) THENCE, SOUTH 14 013'14" WEST, along the East line of the said 0.9977 acre
Modica tract and the West line of the said 1.00 acre Nebgen tract for a distance of
14.25 feet to a point for corner, from which a 5/8" iron rod bears NORTH 14 013'14"
EAST a distance of 1.03', said corner being the South corner of the said 0.9977 acre
Modica tract and the Southwest corner of the said 1.00 acre Nebgen tract, also said
corner being 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 55°37'39" WEST having a chord
length of 107.23 feet;
3) THENCE, NORTHWESTERLY, along said curve for an arc length of 107.29 feet to a
point for corner in the existing Northeast right-of-way of Concord Road, said point
being the South corner of the said 0.997 acre Modica tract and being the Southwest
corner of the said 1.00 Nebgen tract;
4) THENCE, NORTH 14052'14" EAST, along the East fine of the said 0.9977 acre
Modica tract and along the West line of the said 1.00 acre Nebgen tract for a
distance of 2.30 feet to the POINT OF BEGINNING and containing 0.0358 acre
(1,561 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 March 2009.
Mark W. Whiteley, RPLS #3636
LEGEND
® SET 5/8' 1. R. WITH CAP STAMPED "CITY DF BEAUM❑NT ROW MONUMENT"
o TXDDT CONTROL MDNUMENT
XX PARCEL NUMBER
p FND PROPERTY CORNER AS NOTEIl
POWER POLE
PROPOSED ROW LINE THOMAS SPEAR SURVEY
EXISTING ROW LINE ABSTRACT NO. 50
--•I -- PROPERTY LINE
F. BIGNER SURVEY
SURVEY LINE ABSTRACT NO. I
COUNTY LINE
CALLED 1.00 ACRES
WALTER H. NE8GEN, et ux
�P C PARCEL 50 NOVEMBER 18, 1976
FND. 2 1. PIPE VOL. 1969, PG. 270
DRJC
CALLED 0.9977 ACRES
J C MODICA
JANUARY 15, 2001
CF NO. 2001002677
CALLED 0.38 ACRES OPRJC
RICHARD E. BONURA, el ux
MARCH 3, 1966
VOL. 1458, PG. 111
DRJC P.O.B.
PARCEL 50
50
CONCORD ROAD
PARENT TRACT
N.T.S.
BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES
W THE DESCRIPTION OF THE PARENT TRACT.
SURVEYED FEBRUARY 2009
A PROPERTY DESCRIPTION OF EVEN DATE
ACCOMPANIES THIS PARCEL PLAT.
EXISTING TAKING REMAINING
ACRES ACRES/ S.F. ACRES
PARCEL 50,O 9977 0.0358/(1561) U. 9Ei 19
MARK W. WHITELEY
AND ASSOCIATES
INCORPORATED PARCEL PLAT
CONSULTING ENGINEERS, SHOWING
SURVEYORS, AND PLANNERS PARCEL 50
CONCORD ROAD JEFFERSON COUNTY
I
P. 0. BOX 5492 3250 FJASTEX Fltwr. MARCH 2009
BEAUMONT, TEXAS 77726•-5492 6[:AUMONT'. 'TUAS 77!03 SCALE 1 " — 50'
409-607,-0421 (FAX) nnsl—n92-1146
EXHIBIT "B" SHEET 3 OF 4 ��
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE i
c V v Cl 2354.00' 168.41' 168.37' I S58'29'28"E 04`OS'5o"
C2 925.00' 107.29' 107.23 N55-37'39"W 06'38'45"
6 X01
�h°'� LINE BEARING D,s�ArvcE
' L1 S14-13'14"W 14.25'
� L2 N34'52'I4"E 2..30'
� � Y
P.O.C. PAR. 50 o_ CALLED 1.00 ACRES
FND 2" °�_ WALTER H. NEBGEN, et ux
�. NOVEMBER 18, 1976
1. PIPE CALLED 0.977 ACRES �J VOL. 1969, PG. 270
I
JANUARY 15, 2001 _'�o DRJC
o CF NO.O2001002677 °.
PI STA=206+02.52 �-
n� 17'04'05" _
R=2400.0000' X
T=380.1 396' W
L=714.9448'
199+50.11 Ch=712.3042'
CALLED 0.38 ACRES 46.00RT \�, �, 0=02'23'14"
RICHARD E. BONURA, et ux
MARCH 3 1966 50 \ \ '�
VOL. 1458, PG. 111 �1 200+ 21.82 FND 5/8' I. ROD BEARS
DRJC `,,•� 46.00RT �N14'13'14"E 1.03'
O , P.O.B. PAR. 50 r
W A
51 , �� s ' QROpOSED RIGH�,,0� Y
V. XIS�ING_Rt HTF
• '' - C2 -l—�-
_--, L2' `,_N5718'17"W 65.24' -- PARCEL PLAT
r-, I, ; .-,; �, ,- ; Y SH0WING
OR� PARCEL 50
PROPOSED BASEL iNE— 200+00 — ------� CONCORD ROAD JEFFERSON COUNTY
SCALE 1 ' = 50' MARCH 2009
SHEET 4 OF 4
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, J. C. MODICA, of the County of Jefferson, State of Texas, hereinafter called
GRANTOR for and in consideration of the sum of TEN THOUSAND FIVE HUNDRED AND
NO/100 ($10,500.00) 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 // 1 , 2011.
J. MODICA
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this the C 0. ) day of , 2011,
by J. C. MODICA.
DANIELLE WILLIAMS
* *' MY COMMISSION EXPIRES
=?; April 20,2014
Notary Public, tate of Texas
RETURN TO: City of Beaumont
c/o Antoinette Hardy
P.O.Box 3827
Beaumont,TX 77704
Recorded Elect,�o, ically
ip Z.cjtl Cx-,R1``►► �
County 1 rte__
Dat I Time t ` �
Simplifile.com 800.460.5657
EXHIBIT"A"
Being a 0.0358 acre (1,561 square feet)of land, more or less, situated in the F. Bigner Survey,Abstract
No. 1, out of and part 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,said 0.0358(1,561 square feet)
acre of land being more particularly described as follows;
COMMENCING at a 2" iron pipe found for the Northeasterly corner of that certain called 0.38 acre tract
of land having been conveyed to Richard E. Bonura and wife, Frances Bonura from Roy J. Worthy and
wife, Aline Worthy, by deed dated March 3, 1966 and being recorded under Volume 1458 Page 111,of
the Deed records of Jefferson County,Texas and the most Northwesterly corner of the said 0.9977 acre
Modica tract;
THENCE, SOUTH 14°52'14"WEST, along the East line of the said 0.38 acre Bonura tract and the West line
of the said 0.9977 acre Modica tract for a distance of 214.04 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 58°29'28" EAST having a chord length of 168.37 feet;
1)THENCE,SOUTHEASTERLY, along said curve for an arc length of 168.41 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 0.997 acre Modica tract and also being in the
West line 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 Nail 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 270, Deed records of Jefferson County,Texas;
2)THENCE,SOUTH 14°13'14"WEST,along the East line of the said 0.9977 acre Modica tract and the
West line of the said 1.00 acre Nebgen tract for a distance of 14.25 feet to a point for corner,from
which a 5/8" iron rod bears NORTH 14°13'14" EAST a distance of 1.03',said corner being the South
corner of the said 0.9977 acre Modica tract and the Southwest corner of the said 1.00 acre Nebgen
tract, also said corner being 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 55°37'39"WEST having a chord length of 107.23 feet;
3)THENCE, NORTHWESTERLY, along said curve for an arc length of 107.29 feet to a point for corner in
the existing Northeast right-of-way of Concord Road,said point being the South corner of the said 0.997
acre Modica tract and being the Southwest corner of the said 1.00 Nebgen tract;
4)THENCE, NORTH 14°52'14" EAST, along the East line of the said 0.9977 acre Modica tract and along
the West line of the said 1.00 acre Nebgen tract for a distance of 2.30 feet to the POINT OF BEGINNING
and containing 0.0358 acre (1,561 square feet) of land, more or less.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
2011 Mar 09 11:11 AM Fee: $ 24.00
2011008198
CAROLYN L. GUIDRY COUNTY CLERK
JEFFERSON COUNTY TEXAS
*Electronically Recorded*