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HomeMy WebLinkAboutRES 11-064 RESOLUTION NO.11-064 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 #46: 0.0866 acre out of F. Bigner Survey Abstract No. 1 (5980 Concord Road) Value: $5,999.00 Owner: Gene VanMeter 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. A s - 44jyor Becky Ames - s AW 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, GENE VANMETER, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of FIVE THOUSAND NINE HUNDRED NINETY-NINE AND NO/100 ($5,999.00) 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 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. GENE VANMETER STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of ,2011, by GENE VANMETER. Notary Public, State of Texas RETURN T0: City of Beaumont c/o Amtoinette Hardy P.0.Box 3827 Beaumont,TX 77704 March 2009 Parcel 46 Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 46 Being a 0.0866 acre (3,773 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 6.6074 acre tract of land, also being identified as Tract S, and that certain called 0.0826 acre tract of Sand, also being identified as Tract II, 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, said 0.0866 (3,773 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 1 acre tract of Sand 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 and for an interior ell corner in the Westerly line of the said 6.6074 acre Van Meter tract; THENCE, SOUTH 21°18'38" WEST, along the Westerly line of the said 6.6074 acre Van Meter tract and the Easterly line of the said 1 acre Nebgen tract for a distance of 464.37 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; 1) THENCE, SOUTH 55°13'24" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 16.32 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; 2) THENCE, SOUTH 62°03'58" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 383.10 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 Easterly line of the said 6.6074 acre Van Meter tract and in the Westerly line of that certain called 0.305 acre tract of land having been conveyed to Jose T. Gonzales and Anna L. Gonzales from Steven A Rose and Rhona L. Rose by deed dated October 31, 1990 and being recorded under Film Code No. 103-40-2176 of the Real Property records of Jefferson County, Texas; March 2009 Parcel 46 Page 2 of 4 EXHIBIT 3) THENCE, SOUTH 19 024'37" WEST, along the East line of the said 6.6074 acre Van Meter tract and along the West line of the said 0.305 acre Gonzales tract for a distance of 9.54 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 6.6074 acre Van Meter tract and the Southwesterly corner of the said 0.305 acre Gonzales tract, and from said point a 2" iron pipe found in a tree bears NORTH 19 024'37" EAST a distance of 1.63 feet; 4) THENCE, NORTH 62°03'31" WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 399.41 feet to a point for corner, said comer being the Southwest comer of the said 6.6074 acre Van Meter tract and being the most Southerly comer of the said 1 acre Nebgen tract and from said point a 518" iron rod bears NORTH 21018'38" EAST a distance of 1.24 feet; 5) THENCE, NORTH 21 018'38" EAST, along the Westerly line of the said 6.6074 acre Van Meter tract and the Easterly line of the said 1 acre Nebgen tract for a distance of 11.41 feet to the POINT OF BEGINNING and containing 0.0866 acre (3,773 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 g DAY OF March 2009. Mark W. Whiteley, RPLS #3636 I LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' 0 TXDOT CONTROL MONUMENT Q PARCEL NUMBER 0 FND PROPERTY CORNER AS NOTED POWER POLE / PROPOSED ROW LINE EXISTING ROW LINE THOMAS SPEAR SURVEY ABSTRACT NO. 50/ PROPERTY LINE — — SURVEY LINE F. BIGNER SURVEY ABSTRACT NO. 1 COUNTY LINE P,O;C PARCEL 46 FNO. 2" 1. PIPE —TRACT U Z CALLED 6.6074 ACRES TRACT i GENE A. VAN METER SEPTEMBER 20, 2007 CF NO. 2007037089 CALLED 1.00 ACRES OPRJC WALTER HUGH NEBGEN, et ux FEBRUARY 24, 1975 VOL. 1868, PG. 50 CALLED 0.305 ACRES --__ DRJC JOSE T GONZALES, et ux OCTOBER 31, 1990 FC NO. 103-40-2173 P.O.B. OPRJC PARCEL 46 2,1 CONCORD ROAD PARENT TRACT BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES N.T.S. IN 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 46, �j 6. 6900 0.0866/(3773) 6. 5208 MARK W. WHITELEY AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 46 � CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. I BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 SCALE 1 = 50' MARCH 2009 406-892-0421 (FAX) 409-892-1348 SHEET 3 OF 4 EXHIBIT "B" P.O.C. PAR. 46 ����� FNPIPE t Ln U) ^o Q CALLED 6.6074 ACRES z rn TRACT I E� t GENE A. VAN METER °'d G2 - - SEPTEMBER 20, 2007 C)w N U �� tY7 oz x� o!0') CF NO. 2007037089 OPRJC V �mL_>J 1NN ul ul CALLED 0.305 ACRES m 'j ��' _ 196+16.31 JOSE T. GONZALES, et ux 42.00RT OCTOBER 31, 1990 W P.0.8. FC NO. 103-40-2173 PAR. 46 46 OPRJC 192+16.99 196+0011 40.00RT \ 45 40.00RT ` L 1 S62'03'58"E 383.10' PROPOSED RIGHT OF WAY rl-1 I i N _ EXISTING RIGHT OF WAY N62'03'31"W 399.41' ,r;n' r� n r, !�- -- --- .� _ -----�(N58'30'47"W 397.08 ) �. ; p v U' =FND 5/8" 1. ROD BEARS_- ---� `FND 5/8" I. ROD BEARS C C !\ C N21'18'38"'E 1.24- 194+00` ' N19'24'37"E 1.63' -.PROPOSED BASEL[NEN62'6'14.56"W_1326.64' _ - - PARCEL PLAT LINE BEARING DISTANCE SHOWING PARCEL 46 L1 S55.13'24"E 16.32' L2 S19'24'37"W 9.54' CONCORD ROAD JEFFERSON COUNTY L3 N21'18'38"E 11.41' SCALE 1" = 50' MARCH 2009 SHEET 4 OF 4 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIININIIIIIIIUI DD 2011008276 7 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 IGn 1w1 SPECIAL WARRANTY DEED That, GENE A. VAN METER,joined pro-forma by Barbara Van Meter, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of FIVE THOUSAND NINE HUNDRED NINETY-NINE AND NO/100 ($5,999.00) 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 March, 2011. GENE A. VAN METER ARBARA VAN METER STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the B day of March, 2011,by GENE A. VAN METER and BARBARA VAN METER. t (*Notary TAMMY WILLIAMS t No ry ubli tate of Texas 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 March 2009 Parcel 46 Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 46 Being a 0.0866 acre (3,773 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 6.6074 acre tract of land, also being identified as Tract I, and that certain called 0.0826 acre tract of land, also being identified as Tract ll, 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, said 0.0866 (3,773 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 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 and for an interior ell corner in the Westerly line of the said 6.6074 acre Van Meter tract; THENCE, SOUTH 21°18'38" WEST, along the Westerly line of the said 6.6074 acre Van Meter tract and the Easterly line of the said 1 acre Nebgen tract for a distance of 464.37 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; 1) THENCE, SOUTH 55°13'24" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 16.32 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; 2) THENCE, SOUTH 62 003'58" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 383.10 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 Easterly line of the said 6.6074 acre Van Meter tract and in the Westerly line of that certain called 0.305 acre tract of land having been conveyed to Jose T. Gonzales and Anna L. Gonzales from Steven A Rose and Rhona L. Rose by deed dated October 31, 1990 and being recorded under Film Code No. 103-40-2176 of the Real Property records of Jefferson County, Texas; March 2009 Parcel 46 EXHIBITA Page 2 of 4 3) THENCE, SOUTH 19°24'37" WEST, along the East line of the said 6.6074 acre Van Meter tract and along the West line of the said 0.305 acre Gonzales tract for a distance of 9.54 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 6.6074 acre Van Meter tract and the Southwesterly corner of the said 0.305 acre Gonzales tract, and from said point a 2" iron pipe found in a tree bears NORTH 19°24'37" EAST a distance of 1.63 feet; 4) THENCE, NORTH 62 003'31" WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 399.41 feet to a point for corner, said corner being the Southwest corner of the said 6.6074 acre Van Meter tract and being the most Southerly corner of the said 1 acre Nebgen tract and from said point a 5/8" iron rod bears NORTH 21018'38" EAST a distance of 1.24 feet; 5) THENCE, NORTH 21'18'38" EAST, along the Westerly line of the said 6.6074 acre Van Meter tract and the Easterly line of the said 1 acre Nebgen tract for a distance of 11.41 feet to the POINT OF BEGINNING and containing 0.0866 acre (3,773 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 g DAY OF March 2009. Z1 } a Mark W. Whiteley, RPLS #3636 _ LEGEND ■ SET 5/8' 1. R. WITH CAP STAMPED "CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTROL MONUMENT 0 PARCEL NUMBER 0 FND PROPERTY CORNER AS NOTED POWER POLE / PROPOSED ROW LINE EXISTING ROW LINE THOMAS SPEAR SURVEY ABSTRACT NO. 50/ PROPERTY LINE SURVEY LINE F. BIGNER SURVEY COUNTY LINE ABSTRACT NO. 1 P.O.0 PARCEL 46 FND. 2" 1. PIPE TRACT 11 Z CALLED 6.6074 ACRES TRACT 1 GENE A. VAN METER SEPTEMBER 20, 2007 CF NO. 2007037089 CALLED 1.00 ACRES OPRJC WALTER HUGH NEBGEN, et ux FEBRUARY 24, 1975 VOL. 1868, PG. 50 CALLED 0.305 ACRES DRJC JOSE T. GONZALES, et ux OCTOBER 31, 1990 FC NO. 103-40-2173 P.O.B. OPRJC PARCEL 46 46 CONCORD ROAD PARENT TRACT BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES N.T.S. IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. f j R d. e 9 EXISTING TAKING REMAINING ACRES ACRES/ S.F.) ACRES �y PARCEL 46, 6. 6900 0. 0866/(3773) 6, 5208 +MARK . WHITELEYD ASSOCIATES INCORPORATED PARCEL PLAT TING ENGINEERS, S H OW I N G ORS, AND PLANNERS PARCEL 46 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUxON4 TEXAS 77726-5492 8(FAX)"409-892 1346 3 SCALE 1 " = 50' MARCH 2009 409-892-0421 SHEET 3 OF 4 P.O.C. PAR. 46 FN ' PI E X d oo -r- :3 Lz�° CALLED 6.6074 ACRES 3 w TRACT I GENE A. VAN METER CDUJ v o�ao °�° SEPTEMBER 20, 2007 oz> 'c _ a-, o CF NO. 2007037089 _C'�00° 00 00 OPRJC cl-_ N J d J mO NN (n UWLwi� c/)cn 196+16,31 CALLED 0.305 ACRES JOSE T. GONZALES, et ux 42,OORT OCTOBER 31, 1990 49 p 0 g FC NO. 103-40-2173 PAR. 46 196+00.11 46 OPRJC 192+16.99 40,OORT 40.00RT 45 L 1 S62'03'58"E 383.10' PROPOSED RIGHT OF WAY - - EXISTING RIGHT OF WAY N62'03'31"W 399.41' — _ FND 5/8" I. ROD BEARS (N58'30'47"W 397.08') C 0 �I C - 0 R D ROAD=FND 5/8" I. ROD BEARS_ -N21'18'38°E 1.24— 194+00 -N19'24'37T 1.63'- -PROPOSED BASELINE N62'6'14.56"W_1326.64' PARCEL PLAT LINE BEARING DISTANCE SHOWING PARCEL 46 L 1 S55'1 3'24"E 16.32' L2 S19'24'37"W 9.54' CONCORD ROAD JEFFERSON COUNTY L3 N21'18'38"E 1 1.41' SCALE 1 " = 50' MARCH 2009 SHEET 4 OF 4