HomeMy WebLinkAboutRES 11-082 RESOLUTION NO. 11-082
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 #57: 0.3509 acre out of Thomas Spear Survey, Abstract No. 50
Value: $90,000.00
Owner: June Marie Badon
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 8th day of
March, 2011.
i - Wayor Becky Ames -
� w
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, JUNE MARIE BADON, of the County of Jefferson, State of Texas, hereinafter
called GRANTOR for and in consideration of the sum of NINETY THOUSAND AND NO/100
($90,000.00) 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
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.
JUNE MARIE BADON
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this the day of , 2011,
by JUNE MARIE RADON.
Notary Public, State of Texas
RETURN TO: City of Beaumont
do Antoinette Hardy
P.O.Box 3827
Beaumont,TX 77704
March 2009
Parcel 57
Page 1 of 5
EXHIBIT T
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 57
Being a 0.3509 acre (15,284 square feet) of land, situated in the Thomas Spear Survey,
Abstract No. 50, out of and part of that certain called 24,743 square foot tract of land
having been conveyed to June Marie Badon, As Trustee of the June Marie Badon
Revocable Living Trust from June Marie Badon, by deed dated July 28, 1997 and being
recorded under Clerk's File 9722295 of the Real Property records of Jefferson County,
Texas, said 0.3509 (15,284 square feet) acre of land being more particularly described
as follows;
COMMENCING at the most Southerly corner of that certain called 5.446 acre tract
having been conveyed to David Clifton Walker, Mark Douglas Walker and Roger
Scott Walker, by deed dated December 8, 1995, and being recorded under Clerk's
File 9536057 of the Real Property records of Jefferson County, Texas, SAVE AND
EXCEPT that certain called 24,743 square-foot portion thereof heretofore conveyed
by Lonnie C. Walker to June Bade by deed dated April 28, 1982, recorded in Volume
2382, Page 55 of the Deed Records of Jefferson County, Texas, said point also
being in the East right of way line of Judy Lane, and from said point a 518" iron rod
with cap stamped "M. W. Whiteley and Associates" bears NORTH 86 027'48" EAST a
distance of 1.67';
THENCE, NORTH 04°53'12" WEST, along the East right-of-way of Judy Lane for a
distance of 99.80 feet to a point for corner;
THENCE, NORTH 07 031'12" WEST, continuing along the East right-of-way of Judy
Lane for a distance of 100.00 feet to a point for corner;
THENCE, NORTH 10°14'12" WEST, continuing along the East right-of-way of Judy
Lane for a distance of 100.00 feet to a point for comer;
THENCE, NORTH 12°50'12" WEST, continuing along the East right-of-way of Judy
Lane for a distance of 100.00 feet to a point for corner;
THENCE, NORTH 16°08'12" WEST, continuing along the East right-of-way of Judy
Lane for a distance of 67.47', said point being the most Southerly corner of the said
Badon tract, also said point being the most Westerly corner of the said Walker tract
and the POINT OF BEGINNING of the parcel herein described;
March 2009
Parcel 57
Page 2 of 5
EXHIBIT
1) THENCE, NORTH 16°08'12" WEST, continuing along the East right-of-way of Judy
Lane for a distance of 107.54 feet to a point for corner, said corner being in the
existing Southerly right-of-way of Concord Road and the most Westerly comer of
said Badon tract, said corner also being the beginning of a curve turning to the left
having a radius of 230.00 feet and being subtended by a chord bearing NORTH
65 010'48" EAST having a chord length of 150.06 feet;
2) THENCE, NORTHEASTERLY, along said curve for an arc length of 152.86 feet to a
point for corner in the existing Southerly right-of-way line of Concord Road;
3) THENCE, NORTH 46°08'27" EAST, along the existing Southerly right-of-way of
Concord Road for a distance of 24.27 feet to a point for corner, said corner being the
most Northerly comer of the said Badon tract, said corner also being the most
Westerly corner of that certain called 0.31 acre tract of land having been conveyed
to Harvey Night and wife, Betty J. Night from Robert S. Sawyer by deed dated
January 13, 1981 and being recorded under Volume 2289 Page 59 of the Deed
Records of Jefferson County, Texas;
4)' THENCE, SOUTH 43°44'12" EAST, along the Northesterly line of the said Badon
tract and the Southwesterly line of the said Night tract for a distance of 35.77 feet to
a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument' set for corner
in the proposed East right-of-way line of Concord Road;
5) THENCE, SOUTH 31 056'02" WEST, along the proposed East right-of-way line of
Concord Road for a distance of 112.49 feet to a 518" iron rod with cap stamped "City
of Beaumont ROW Monument" set for corner in the proposed East right-of-way line
of Concord Road;
6) THENCE, SOUTH 13 003'58" EAST, along the proposed East right-of-way line of
Concord Road for a distance of 34.67 feet to a 518" iron rod with cap stamped "City
of Beaumont ROW Monument" set for corner in the proposed East right-of-way line
of Concord Road, said point being in the South line of the said Badon tract and also
in the North line of the said Walker tract;
7) THENCE, NORTH 43 048'38" WEST along the South line between the said Badon
tract and the North line of the said Walker tract for a distance of 100.84 feet to the
POINT OF BEGINNING and containing 0.3509 acre (15,284 square feet) of land.
March 2009
Parcel 57
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 January 2009
GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF March 2009.
OF r�
Nl,.W W HI E Y
TLE�
•.�
3636 �Q'
Mark W. Whiteley, RPLS #3636 •• ;Ss S�
u
LEGEND
n SET 5/8' I. R. WITH CAP STAMPED 'M. W. WHITELEY & ASSOCIATES'
CALLED 0.31 ACRES
0 TXDOT CONTROL MONUMENT HARVEY NIGHT ET UX
JANUARY 13 1981
0 PARCEL NUMBER VOL 2D139C�G. 59
0 FND PROPERTY CORNER AS NOTED EXISTINRppp R
0 POWER POLE CONCORD
� CALLED 24,743 SOFT
PROPOSED ROW LINE � JUNE MARIE BADON
57 ----JULY 28, 1997
EXISTING ROW LINE CF. N0. 9722295
OPRJC
--�-- PROPERTY LINE
P.O.B.EL
SURVEY LINE
PARCEL SSA pRp
COUNTY LINE , c CGNCO�SFD
0o A'040
CALLED 5.446 ACRES
S&E 24,743 SO. FT.
DAVID CLIFTON WALKER
MARK DOUGLAS WALKER
ROGER SCOTT WALKER
DECEMBER 8, 1995
CF. NO. 9536057
OPRJC
FND 5/8" I. ROD
W/'MWW C6P BEARS
P.D.0 PARCEL 558
CALC. CORNER N86'27'48 E 1.67'
PARENT TRACT
NOTES: N.T.S.
EXISTING AND REMAINING AREAS SHOWN ARE APPROXIMATE. ALL BEARINGS SHOWN ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983 (NAD 83), 1993 ADJUSTMENT.
ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY A
COMBINED ADJUSTMENT FACTOR OF .
BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES
IN THE DESCRIPTION OF THE PARENT TRACT.
SURVEYED JANUARY 2009
A PROPERTY DESCRIPTION OF EVEN DATE
ACCOMPANIES THIS PARCEL PLAT.
O
`O T F�
c�-
'. .a T EXISTING TAKING REMAINING
ACRES ACRES S.F.) ACRES
PARCEL 57,
�G.�S 6J A: 0, 568 0. 3509/(15,284) 0. 2171
+ARK . WHITEu z— -''D ASSOCIATES INCORPORATED PARCEL PLAT
TING ENGINEERS, SHOWING
ORS, AND PLANNERS PARCEL 57
® CONCORD ROAD JEFFERSON COUNTY
P. 0. BOX 5492 3250 EASTEX FRWY.
BEAVMONT. X 26-5492 BE UMON, TEXAS SCALE 1 MARCH 2009
TEXAS
SO421 4097-892-1346
SHEET 4 OF 5
EXHIBIT "B"
LINE BEARING DISTANCE
w CALLED 0.31 ACRES L 1 N04'53'12"W 99.80'
J HARVEY NIGHT ET UX
JANUARY 13 1981-- L2 N0 7'31'12"W 100.00'
z = 56 VO . 2289 k 59 L3< DRJC L3 N 10'14'12"W 100.00'
213+80.36 L4 N12'S0'12"W 100.00'
v 187.80RT L5 N16*08'12"W 67.47'
Li s°r° L6 N46'08'27"E 24.27'
L7 S43'44'1 2"E 35.77'
Ag L$ S 13'03'58"E 34.67'
��p�t+AS�gA �p Pp N CALLED 24,743 SQ.FT
w f- JUNE MARIE BADON
JULY 28 1997 gBgNO
m oo
�p F CF. NO. 6722295
0 0 O a \OPRJC A
�n Gp�G ��G� �,� `) 0
o
v z 213+83.86 00- CALLED 5.446 ACRES
75.35RT DAVID CLIFTON WALKER
a MARK DOUGLAS WALKER
�, 57 ROGER SCOTT WALKER-
213+58.96 < DECEMBER 8 1995 V
w cQ CF. NO. 9536057
J 'y� 49.95RT OPRJC
�p 6'• CO
o � �tK _
o ° X215+DD '�� ��° w
PROPOSED BASELINE
z j
w �
i cq O.B. PAR. 57
u N
CL CURVE DATA v
PI STA-=215+14.19
D o R120016'00' PARCEL PLAT
� °• 81200.0000' �?i � <'�'
°a ° T358.4954' �� 1=ND 518" I. ROD SHOWING
Of `\l L696.7347' \ < WN 6247'48 E BETS PARCEL 5'7
Ch686.9893 O.C. PAR. 57 �'
> 004'46'29" CALC. �� ( CONCORD ROAD JEFFERSON COUNTY
_ CORNER !
U SCALE 1 " = 50' MARCH 2009
SHEET 5 OF 5
LRecorded El nk ally
unty
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NAT .5857
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING IN
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, JUNE MARIE BADON, TRUSTEE OF THE. JUNE MARIE BADON
REVOCABLE LIVING TRUST, DATED MAY 20, 1997, of the County of Jefferson, State of
Texas, hereinafter called GRANTOR for and in consideration of the sum of NINETY
THOUSAND AND NO/100 ($90,000.00) 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 OjVAJ 92011.
E MAR BADON, TRUSTEE OF
THE JUNE MARIE BADON REVOCABLE
LIVING TRUST, DATED MAY 20, 1997
STATE OF TEXAS X
COUNTY OF JEFFERSON X M
This instrument was acknowledged before me on this the " f day of I , 2011,
by JUNE MARIE BADON, TRUSTEE OF THE JUNE MARIE BADON VOCABLE
LIVING TRUST, DATED MAY 20, 1997.
INIy •
DANIELLE WILLIAMS
* "= My COMMISSION EXPIRES
Notary Public, tate of Texas
RETURN TO: City of Beaumont
c/o Antoinette Hardy
P.O. Box 3827
Beaumont,TX 77704
EXHIBIT"A"
BEING A 0.3509 ACRE (15,284 SQUARE FEET) OF LAND, SITUATED IN THE THOMAS
SPEAR SURVEY, ABSTRACT NO. 50, OUT OF AND PART OF THAT CERTAIN CALLED
24,743 SQUARE FOOT TRACT OF LAND HAVING BEEN CONVEYED TO JUNE MARIE
BADON, AS TRUSTEE OF THE JUNE MARIE BADON REVOCABLE LIVING TRUST FROM
JUNE MARIE BADON, BY DEED DATED JULY 28, 1997 AND BEING RECORDED UNDER
CLERK'S FILE 9722295 OF THE REAL PROPERTY RECORDS OF JEFFERSON COUNTY,
TEXAS, SAID 0.3509 (15,284 SQUARE FEET) ACRE OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF THAT CERTAIN CALLED 5.446
ACRE TRACT HAVING BEEN CONVEYED TO DAVID CLIFTON WALKER, MARK
DOUGLAS WALKER AND ROGER SCOTT WALKER, BY DEED DATED DECEMBER 8,
1995, AND BEING RECORDED UNDER CLERK'S FILE 9536057 OF THE REAL
PROPERTY RECORDS OF JEFFERSON COUNTY, TEXAS, SAVE AND EXCEPT THAT
CERTAIN CALLED 24,743 SQUARE-FOOT PORTION THEREOF HERETOFORE
CONVEYED BY LONNIE C. WALKER TO JUNE BADE BY DEED DATED APRIL 28, 1982,
RECORDED IN VOLUME 2382, PAGE 55 OF THE DEED RECORDS OF JEFFERSON
COUNTY, TEXAS, SAID POINT ALSO BEING IN THE EAST RIGHT OF WAY OF JUDY
LANE, AND FROM SAID POINT A 5/8" IRON ROD WITH CAP STAMPED "M.W.
WHITELEY AND ASSOCIATES" BEARS NORTH 86 027'48" EAST A DISTANCE OF 1.67';
THENCE, NORTH 04 053'12" WEST, ALONG THE EAST RIGHT-OF-WAY OF JUDY LANE
FOR A DISTANCE OF 99.80 FEET TO A POINT FOR CORNER;
THENCE, NORTH 07 031'12" WEST, CONTINUING ALONG THE EAST RIGHT-OF-WAY
OF JUDY LANE FOR A DISTANCE OF 100.00 FEET TO A POINT FOR CORNER;
THENCE, NORTH 10 014'12" WEST, CONTINUING ALONG THE EAST RIGHT-OF-WAY
OF JUDY LANE FOR A DISTANCE OF 100.00 FEET TO A POINT FOR CORNER;
THENCE, NORTH 12 050'12" WEST, CONTINUING ALONG THE EAST RIGHT-OF-WAY
OF JUDY LANE FOR A DISTANCE OF 100.00 FEET TO A POINT FOR CORNER;
THENCE, NORTH 16 008'12" WEST, CONTINUING ALONG THE EAST RIGHT-OF-WAY
OF JUDY LANE FORA DISTANCE OF 67.47', SAID POINT BEING THE MOST
SOUTHERLY CORNER OF THE SAID BADON TRACT, ALSO SAID POINT BEING THE
MOST WESTERLY CORNER OF THE SAID WALKER TRACT AND THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED;
1) THENCE, NORTH 16°08'12" WEST, CONTINUING ALONG THE EAST RIGHT-OF-
WAY OF JUDY LANE FOR A DISTANCE OF 107.54 FEET TO A POINT FOR CORNER,
SAID CORNER BEING IN THE EXISTING SOUTHERLY RIGHT-OF-WAY OF CONCORD
ROAD AND THE MOST WESTERLY CORNER OF SAID BADON TRACT, SAID CORNER
ALSO BEING THE BEGINNING OF A CURVE TURNING TO THE LEFT HAVING A
RADIUS OF 230.00 FEET AND BEING SUBTENDED BY A CHORD BEARING NORTH
65 010'48" EAST HAVING A CHORD LENGTH OF 150.06 FEET;
2) THENCE, NORTHEASTERLY, ALONG SAID CURVE FOR AN ARC LENGTH OF 152.86
FEET TO A POINT FOR CORNER IN THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE
OF CONCORD ROAD;
3) THENCE, NORTH 46 008'27" EAST, ALONG THE EXISTING SOUTHERLY RIGHT-OF-
WAY OF CONCORD ROAD FOR A DISTANCE OF 24.27 FEET TO A POINT FOR
CORNER, SAID CORNER BEING THE MOST NORTHERLY CORNER OF THE SAID
BADON TRACT, SAID CORNER ALSO BEING THE MOST WESTERLY CORNER OF THAT
CERTAIN CALLED 0.31 ACRE TRACT OF LAND HAVING BEEN CONVEYED TO HARVEY
NIGHT AND WIFE, BETTY J. NIGHT FROM ROBERT S. SAWYER BY DEED DATED
JANUARY 13, 1981 AND BEING RECORDED UNDER VOLUME 2289 PAGE 59 OF THE
DEED RECORDS OF JEFFERSON COUNTY, TEXAS.
4) THENCE, SOUTH 43 044'12" EAST, ALONG THE NORTHEASTERLY LINE OF THE
SAID BADON TRACT AND THE SOUTHWESTERLY LINE OF THE SAID NIGHT TRACT .
FOR A DISTANCE OF 35.77 FEET TO A 5/8" IRON ROD WITH CAP STAMPED "CITY OF
BEAUMONT ROW MONUMENT" SET FOR CORNER IN THE PROPOSED EAST RIGHT-
OF-WAY LINE OF CONCORD ROAD;
5) THENCE, SOUTH 31 056'02" WEST, ALONG THE PROPOSED EAST RIGHT-OF-WAY
LINE OF CONCORD ROAD FOR A DISTANCE OF 112.49 FEET TO A 5/8" IRON ROD
WITH CAP STAMPED "CITY OF BEAUMONT ROW MONUMENT" SET FOR CORNER IN
THE PROPOSED EAST RIGHT-OF-WAY LINE OF CONCORD ROAD;
6) THENCE, SOUTH 13 003'58" EAST, ALONG THE PROPOSED EAST RIGHT-OF-WAY
LINE OF CONCORD ROAD FOR A DISTANCE OF 34.67 FEET TO A 5/8" IRON ROD
WITH CAP STAMPED "CITY OF BEAUMONT ROW MONUMENT" SET FOR CORNER IN
THE PROPOSED EAST RIGHT-OF-WAY LINE OF CONCORD ROAD, SAID POINT BEING
IN THE SOUTH LINE OF THE SAID BADON TRACT AND ALSO IN THE NORTH LINE OF
THE SAID WALKER TRACT;
7) THENCE, NORTH 43 048'38" WEST ALONG THE SOUTH LINE BETWEEN THE SAID
BADON TRACT AND THE NORTH LINE OF THE SAID WALKER TRACT FOR A
DISTANCE OF 100.84 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.3509
ACRE (15,284 SQUARE FEET) OF LAND.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
aat 2011 Apr 07 02:07 PM Fee: $ 28.00
2011011588
CAROLYN L. GUIDRY COUNTY CLERK
JEFFERSON COUNTY TEXAS
*Electronically Recorded*