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Home My WebLink AboutRES 11-084 RESOLUTION NO. 11-084 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 #36: 0.0310 acre out of F. Bigner Survey, Abstract No. 1 Value: $10,398.00 Owner: Estate of Wallace E. Dominque 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. 110" �/ - ayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRQKE 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, ESTATE OF WALLACE A. DOMINQUE, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of TEN THOUSAND THREE HUNDRED NINETY-EIGHT N01100 ($10,398.00) 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. JEANNE ROBESON Individual Executor STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by JEANNE ROBESON. Notary Public, State of Texas RETURN TO: City of Beaumont do Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 April 2009 Parcel 36 Page 1 of 4 EXHIBIT_ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 36 Being a 0.0310 acre (1,350 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 3.151 acre tract of land having been conveyed to Wallace A. Domingue and wife, Bettye Jean Domingue from Tula Marie Comstock by deed dated August 13, 1974 and being recorded under Volume 1844 Page 277 Deed Records of Jefferson County, Texas, said 0.0310 (1,350 square feet) acre of land being more particularly described as follows; COMMENCING at a 1" iron pipe found for the Northwest corner of the said 3.151 acre Domingue tract and being in the East line of that certain called 3.9059 acre tract of land having been conveyed to Land Manor, Inc. from Mohammad A. Swat! by deed dated March 10, 1994 and being recorded under Clerk's File No. 94- 9407991 of the Real Property records of Jefferson County, Texas; THENCE, SOUTH 03°03'28" EAST, along the East line of the said 3.9059 acre Land Manor, Inc. tract and the West line of the said 3.151 acre Domingue tract for a distance of 551.09 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, and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, SOUTH 80 001'58" EAST, along the proposed Northeast right-of-way line of Concord Road for a distance of 25.77 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 comer also being the beginning of a curve turning to the right having a radius of 1270.00 feet and being subtended by a chord bearing SOUTH 75°14'41" EAST having a chord length of 212.02 feet; 2) THENCE, SOUTHEASTERLY, along said curve for an arc length of 212.26 feet to a 518" iron rod with cap stamped "City of Beaumont ROW Nonument" set for comer in the proposed Northeast right-of-way of Concord Road, said corner being in the East line of the said 3.151 acre Domingue tract and being in the West line of Concord Place Townhomes recorded in Volume 2 page 116 and 117 of the Condominium Records of Jefferson County Texas; April 2009 Parcel 36 Page 2 of 4 EXHIBIT 3) THENCE, SOUTH 02°59'00" EAST, along the East line of the said 3.151 acre Domingue tract and along the West line of the said Concord Place Townhomes tract for a distance of 9.47 feet to a point for corner, said point being the Southeast corner of the said 3.151 acre Domingue tract and being the Southwest corner of the said Concord Place Townhornes tract, and from said point a concrete monument bears SOUTH 02 059'00" EAST for a distance of 0.53 feet, said corner also being the beginning of a curve turning to the left having a radius of 1303.24 feet and being subtended by a chord bearing SOUTH 74 012'46" EAST having a chord length of 239.81 feet; 4) THENCE, NORTHWESTERLY, along said curve for an arc length of 240.15 feet to a point for corner in the existing Northeast right-of-way of Concord Road, said comer being Southwest corner of the said 3.151 acre Domingue tract and being the Southeast comer of the said 3.9059 acre Land Manor, Inc. tract; 5) THENCE, NORTH 03 003'28" WEST, along the East line of the said 3.9059 acre Land Manor, Inc. tract and along the West line of the said 3.951 acre Domingue tract for a distance of 2.68 feet to the POINT OF BEGINNING and containing 0.0310 acre (1,350 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 S DAY OF April 2009. °y �.. .� ....WHITELY °3630 `r Mark W. Whiteley, RPLS #3636 y°• �, ,,� ::�,'� ,� LEGEND ■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT R❑W MONUMENT' TXDOT CONTROL MONUMENT Q PARCEL NUMBER 0 FND PROPERTY CORNER AS NOTED POWER POLE PROPOSED ROW LINE F. BIGNER SURVEY ABSTRACT NO. i EXISTING ROW LINE PROPERTY LINE SURVEY LINE COUNTY LINE P.O.0 PARCEL 36 FND. 1" 1. PIPE CALLED 3.9059 ACRES CONCORD PLACE TOWIM94ES AND AP", VOL 2 PG. 116& 117 MARCH 10, 1994 CALLED J.151 ACRES CRJC CF NO. 94-9407991 WALLACE A OL>AMUE, et Ux OPRJC AUGUST 13, 1974 VOL. 1844, PG. 277 DRJC P.O.B. PARCEL 36 36 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. OF \04� r 1a: !l?Yr! ". fl EXISTING TAKING REMAINING �� ., � -: `1 ACRES ACRES S.F. ACRES rI'Cl -I 3. 151 PARCEL 36, 3. 12 U B� 0.0310/(1350) MARK W. WHITELEY'�=?cam AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 36 0 CONCORD ROAD JEFFERSON COUNTY P_ 0. BOX 5492 3250 EASTEX FR11Y. BEAUMONT, TEXAS 77928-5492 BEAUMONT, TEXAS 77703 _ APRIL 2009 409-892-0421 (FAX) 409-892-1348 SCALE SHEET 3 OF 4 EXHIBIT"B" 08� `�$g•550 5„E 227 LINE BEARING DISTANCE N$6 L] S80'0]'S8"E 25.77' L2 S02'59'00"E 9.4 7' L3 NO3'03'28"W \2.68' CONCORD PLACE TOWNHOMES P.O.C. PAR. 36 VOL. 2 PG. 116 & 117 FND 1" CRJC I. PIPE r- Z 00 o,�' `l CALLED 3.151 ACRES o WALLACE A. DOMINGUE, et ux u?_o ��R CALLED 3.9059 ACRES N N AUGUST 13, 1974 0 0 LAND MANOR, INC. o;�'� VOL. 1844, PG. 277 °t 11 �g�C� MARCH 10, 1994 rn V'i DRJC ` A� m CF NO. 94-9407991 �,Lr L' a'w x OPRJC (5% N W 00 0 ° =+ P1 STA=177.86.87 O I -' P.O.B. PAR. 36 R=1230.0000, 37 180+21.59 T=212.8169' 40.00RT 36 L=421.4611' Ch=419.4023' 179+95.52 177+89.89 ' ` D=04°39'29' 4O.00RT 40.ORT �, 34 PROPOSED RIGHT OF WAY L 1 C1 , � EXISTING RIGHT OF WA L3 FND CIJNC. M0.53 BEaRs ” � S02°59'00°E 0.53' N �l + � L, 1 18000—+ Ol \ iJ I�DAC'` I _ 11 PARCEL PLAT —N80'4'1 4.87"W 47.3492 ,n=`PROPOSED BASELINE SHOWING PARCEL 36 n CONCORD ROAD JEFFERSON COUNTY CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 1270.00' 212.26' 1 212.02' S75-14-41"E 1 09'34'35" SCALE 1 " = 50' APRfL 2009 C2 1303.24' 240.15' 1 239.81' N74'1 2'46"W 1 10'33'28" SHEET 4 OF 4 f DD Pcs 2011009399 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 I 5 lv� SPECIAL WARRANTY DEED That, ESTATE OF WALLACE AUGUST DOMINQUE, JR., DECEASED AND BETTYE JEANE DOMINGUE, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of TEN THOUSAND THREE HUNDRED NINETY-EIGHT NO/100 ($10,398.00) 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 1` day of March, 2011. Estate of Wallace August Domingue, Jr., Deceased Bettye Je omi gue By: - By: Je D. Robeson, Independent Je e . Robeson, as Agent and E rix Att -in-Fact for Bettye Jeanne Domingue STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of March, 2011, by Jeanne D. Robeson, Independent Executrix of the Estate of Wallace August Domingue, Jr., deceased and as Agent and Attorney-in-Fact for Bettye Jea ne Domin ue. otary Pu ic, tate of Texas I �pP�p�m TAMMY WILLIAMS t t Notary Public,State Of Texas t N� y My Commission Expires 2 1 ylEOF`E�c 11-21-2013 t RETURN TO: City of Beaumont c/o Antoinette Hardy P.O. Box 3827 Beaumont,TX 77704 April 2009 Parcel 36 Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 36 Being a 0.0310 acre (1,350 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 3.151 acre tract of land having been conveyed to Wallace A. Domingue and wife, Bettye Jean Domingue from Tula Marie Comstock by deed dated August 13, 1974 and being recorded under Volume 1844 Page 277 Deed Records of Jefferson County, Texas, said 0.0310 (1,350 square feet) acre of land being more particularly described as follows; COMMENCING at a 1" iron pipe found for the Northwest corner of the said 3.151 acre Domingue tract and being in the East line of that certain called 3.9059 acre tract of land having been conveyed to Land Manor, Inc. from Mohammad A. Swati by deed dated March 10, 1994 and being recorded under Clerk's File No. 94- 9407991 of the Real Property records of Jefferson County, Texas; THENCE, SOUTH 03°03'28" EAST, along the East line of the said 3.9059 acre Land Manor, Inc. tract and the West line of the said 3.151 acre Domingue tract for a distance of 551.09 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 80°01'58" EAST, along the proposed Northeast right-of-way line of Concord Road for a distance of 25.77 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 also being the beginning of a curve turning to the right having a radius of 1270.00 feet and being subtended by a chord bearing SOUTH 75 014'41" EAST having a chord length of 212.02 feet; 2) THENCE, SOUTHEASTERLY, along said curve for an arc length of 212.26 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 3.151 acre Domingue tract and being in the West line of Concord Place Townhomes recorded in Volume 2 page 116 and 117 of the Co ominium Records of Jefferson County Texas; April 2009 Parcel 36 Page 2 of 4 EXHIBIT A 3) THENCE, SOUTH 02°59'00" EAST, along the East line of the said 3.151 acre Domingue tract and along the West line of the said Concord Place Townhomes tract for a distance of 9.47 feet to a point for comer, said point being the Southeast corner of the said 3.151 acre Domingue tract and being the Southwest corner of the said Concord Place Townhomes tract, and from said point a concrete monument bears SOUTH 02 059'00" EAST for a distance of 0.53 feet, said corner also being the beginning of a curve turning to the left having a radius of 1303.24 feet and being subtended by a chord bearing SOUTH 74°12'46" EAST having a chord length of 239.81 feet; 4) THENCE, NORTHWESTERLY, along said curve for an arc length of 240.15 feet to a point for corner in the existing Northeast right-of-way of Concord Road, said corner being Southwest corner of the said 3.151 acre Domingue tract and being the Southeast corner of the said 3.9059 acre Land Manor, Inc. tract; 5) THENCE, NORTH 03°03'28" WEST, along the East line of the said 3.9059 acre Land Manor, Inc. tract and along the West line of the said 3.151 acre Domingue tract for a distance of 2.68 feet to the POINT OF BEGINNING and containing 0.0310 acre (1,350 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 S DAY OF April 2009. OF � VV aG 9o�N F�. ....WHITELEY„• 3636 Mark W. Whiteley, RPLS #3636 v`90PEW ?;0 tiG••.S l7¢J� L'E'GEND ■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUM❑NT ROW MONUMENT' TXDOT CONTROL MONUMENT xx PARCEL NUMBER o FND PROPERTY CORNER AS NOTED POWER POLE. PROPOSED ROW LINE F. BIGNER SURVEY EXISTING ROW LINE ABSTRACT NO. 1 PROPERTY LINE — SURVEY LINE COUNTY LINE P.O.0 PARCEL 36 FND. 1" 1. PIPE CALLED 3.9059 ACRES CONCORD PLACE TOWNHOMES LAND MANOR, INC. VOL. 2 R 16 & 117 MARCH 10, 1994 CALLED 3.151 ACRES CF NO. 94-9407991 WALLACE A DOMINGUE, et ux OPR.0 AUGUST 13, 1974 VOL. 1844, PG. 277 me P.O.B. PARCEL 36 36 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. OF T o';J> .......f....... ITELFY f.f• EXISTING TAKING REMAINING tlff•tl..f s � ACRES ACRES S.F. ACRES F s s J 3. 151 PARCEL 36, 3. 12 +MARK . WHITELE S u% nq 0.0310/(1350) D ASSOCIATES INCORPORATED PARCEL PLAT TING ENGINEERS, S H OW I N G ORS, AND PLANNERS PARCEL 36 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMON TEXAS 77726-5492 B AX)(FAX)4 SCALE 1 " = 50' APRIL 2009 409-892-0421 SHEET 3 OF 4 �Tk 227 70,E (Na9•54' 0 J+ E V-7-'7B LINE BEARING DISTANCE Ng6 L 1 S80'01'58'E 25.77' L2 S02'59'00"E 9.47' L3 NO3'03'28"W 2.68' CONCORD PLACE TOWNHOMES P.O.C. PAR. 36 VOL. 2 PG. 116 & 117 FND 1" CRJC I. PIPE ZZ °O°w• l CALLED 3.151 ACRES �,o S 00 �,, WALLACE A. DOMINGUE, et ux Lo - CALLED 3.9059 ACRES `�'N �' AUGUST 13, 1974 0°o C LAND MANOR, INC. o�'� m VOL. 18DRJCPG 277 MARCH 10, 1994 cn of 6, Q+ CF NO. 94-9407991 0 cs �,w cp OPRJC P U' � N W • 0+1 Lo- J—i PI STA=177+86.87 D=19°37157" P.O.B. PAR. 36 R=1230.0000' 37 180+21.59 T=212.8169' 40.00RT 36 L=421.4611' Ch=419.4023' 179+95.52 177+89.89 D=04°39'29° 40.00RT 40.00RT \ 34 PROPOSED RIGHT OF WAY Ll , FND LUNG. MONU. BEARS EXISTING RIGHT OF WA L3 S02°59'00'E 0.53' N CONCORD �2 80+00- ROAD_ - PARCEL PLAT N80'4'14.87"W 147.34912 -PROPOSED BASELINE SHOWING F- Li + PARCEL 36 CONCORD ROAD JEFFERSON COUNTY CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 1270.00' 212.26' 212.02' S75'14'41"E 09'34'35" SCALE 1 " = 50' APRIL 2009 C2 1303.24' 240.15' 239.81' N74'1 2'46"W 10'33'28" SHEET 4 OF 4 *;