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Home My WebLink AboutRES 11-085 RESOLUTION NO. 11-085 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 #5: 0.0249 acre out of Lots 34 & 40, Tract 5, French Heights Addition (5035 Concord Road) Value: $5,000.00 Owner: Estate of Laverne Russell 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. of it Mayor Beck t � y Y Y Ames - 1 .� 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, ETATE OF LAVERNE RUSSELL, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of FIVE THOUSAND AND NO/100 ($5,000.00) 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 DAVID AINSWORTH JAMES AINSWORTH STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of ,2411, by DAVID AINSWORTH. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by TAMES AINSWORTH. Notary Public, State of Texas RETURN TO: City of Beaumont c%Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 May 2009 Parcel 5 Page 1 of 4 EXHIBIT_ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 5 Being a 0.0249 acre (1,086 square feet) of land, situated in the A. Williams Survey, Abstract No. 385, out of and part of that certain tract of land being identified as Tract No. 1 having been conveyed to S. Don Russell and wife, La Verne Russell from Aetna Finance by deed dated January 20, 1993 being recorded under Film Code No. 104-62- 1616 of the Real Property Records of Jefferson County, Texas, Texas, said 0.0249 acre (1,086 square feet) of land being more particularly described as follows; COMMENCING at a 1/2" iron pipe found for the most Southerly corner of that certain called 1.00 acre tract of land having been conveyed to LaVeme Russell from James F. Ainsworth, Jr. and wife, Debra Ainsworth by deed dated June 19, 1998 being recorded under Clerk's File No. 98-9822146 of the Real Property Records of Jefferson County, Texas and in the Northwesterly line of the said Russell et ux tract; THENCE, NORTH 34°58'03" EAST along the Northwest line of the said Russell et ux tract and along the Southeast line of the said 1.00 acre Russell tract for a distance of 424.48 feet to a 518" iron rod with cap stamped "City of Beaumont ROW Monument„ set for comer in the proposed Southwest right-of-way line of Concord Road, said corner being the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 34 058'03" EAST, continuing along the Northwest line of the said Russell et ux tract and along the Southeast line of the said 1.00 acre Russell tract for a distance of 8.24 feet to a point for comer, said point being the East corner of the said 1.00 acre Russell tract and being the North corner of the said Russell et ux tract; 2) THENCE, SOUTH 50°36'44" EAST, along the existing Southwesterly right-of-way line of Concord Road for a distance of 88.33 feet to a point for corner in the existing Southwesterly right-of-way line of Concord Road, said point being the most Northwesterly corner of that certain called 409.8 square foot tract of land having been conveyed to The City of Beaumont from Rita C. Ainsworth by deed dated June 14, 1974 being recorded under Volume 1836 Page 318 of the Deed Records of Jefferson County, Texas; May 2009 Parcel 5 Page 2 of 4 EXHIBIT 3) THENCE, SOUTH 46 059'54" EAST, along the Southwesterly line of the said 409.8 square foot The City of Beaumont tract for a distance of 115.74 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, said corner being the most Southerly corner of the said 409.8 square foot The City of Beaumont tract, also said comer being the most Westerly comer of that certain called 1,863.9 square foot tract of land having been conveyed to The City of Beaumont from Margaret Evelyn Roberts by deed dated June 27, 1974 being recorded under Volume 1840 Page 339 of the Deed Records of Jefferson County, Texas, said corner also being in the Northwesterly line of that certain called 2.77 acre tract of land having been conveyed to The Housing Authority of the City of Beaumont from Concorde Health and Racquetball Centre, Inc. by deed dated January 21, 1982 being recorded under Volume 2361 Page 97 of the Deed Records of Jefferson County, Texas; 4) THENCE, NORTH 50°37'20" WEST, along the proposed Southwesterly right-of-way line of Concord Road for a distance of 138.58 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 2360.00 feet and being subtended by a chord bearing NORTH 51°24'16" WEST having a chord length of 64.63 feet; 5) THENCE, NORTHWESTERLY, along said curve for an arc length of 64.64 feet to a POINT OF BEGINNING and containing 0.0249 acre (1,086 square feet)of land. A parcel plat of even date accompanies this property description. 1, 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 GIVEN UNDER MY HAND AND SEAL THIS THE 1k DAY OF MAY 2009. M OF r � ...VN.W}#1TELEY-.. , 3636 Mark W. Whiteley, RPLS #3636 S.U, �i �•'SUR`I LEGEND ■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUM❑NT ROW MONUMENT' TXDOT CONTROL MONUMENT CALLED 1,863.3 SO. FT. THE CITY OF BFAUMONF xx PARCEL NUMBER JUNE 27, 1974 0 CONCORD ROAD VOL. 18�CPG. 339 U POWER POLE pp 4py gQ PROPOSED ROW LINE P.0.8 rn C1TY OFBBFA0. 17. EXISTING ROW LINE PAR. 5 NE 14, 1974 VOL.1 1836, PG. 318 PROPERTY LINE DRJC SURVEY LINE COUNTY LINE TRACT NQ I CALLED P 17 ACRES 5. DON RUSSELL, el ux THE HOUSING AUTHORIJY OF CALLSO0 1.00 ACRE JANUARY 20, 1993 THE CITY OF BEALUWr LAVERNE RUSSELL' CF NO. 104-62-1616 JANUARY 21, 1982 JUNE 19, 1998 OPRJC VOL. 2 PG 97 CF NO. 98-9822146 OPRJC I] P.O.C. PAR. 5 FND 1/2" #. PIPE PARENT TRACT N.T.S. TRACT TWO S. DON RUSSELL, et ux JANUARY 20, 1993 CF NO. 104-62-1616 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 ACCOMPANIES THIS PARCEL PLAT. 0 F /\ .GA`s i9 f ,• TAKING REMAINING ~� EXISTING ACRES ACRES S.F. ACRES PARCEL 5, 2. 8326 2. 8077 0.0249/(1086) MARK W. VYHITELEY AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 5 0 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTER FRVY. BEAUMONT. 9O42i x2AS 26-5492 B AUM N, TEXAS 348 3 SCALE 1" = 50' MAY 2009 SHEET 3 OF 4 EXHIBIT "B" v N M d a CONCORD ROAD�a � 153+00 PR L OPasED BASELINE �- N50'37 1 i"W 1 80.80' EXISTING RIGHT OF WAY CA LED 186Of BEA&3.9 sp. ON S50'36 44 E 88.33' THE CITY Xf. JUNE 27, 1974 PROPOSED RIGHT OF WAY C1 S46'Sg'S4"t 115.74' v4L t8DR�C C 339 N50'37'20"W 138.58' PI STATIDN=154+64.69 154+48.97 0-03°53'14° 40.00LT 153+83.24 PI STATIQN=150+01.95 R=2400.0000' 40.00LT =03°57'46' T=81.4430' 152+44.66 R=5800.0000' L=162.8235' P.O.B. PAR. 5 CALLED 409.8 SQ. FT. 40.00LT T=200.6532' Ch=162.7922' THE CITY OF BEAUMONT L=401.1465' D=02°23'14` 7 JUNE 14, 1974 Ch=401.0666' o VOL. 1836, PG. 318 00 DRJC 8=00°59'16' U CALLED 1.00 ACRE CALLED 2.77 ACRES m LAVER 1 RUSSELL HOUSING AUTHORITY OF THE CITY OF BEAUMONT JUNE 19, 1998 NO. 1 JANUARY 21, 1982 X TRACT CF N0. 98-9822146 VOL. 234, PG. 97 w OPRJC L S. DON RUSSELL, et ux °; DRJC ;I- JANUARY 20, 1993 rn CF NO. 104-62-1616 m OPRJC n tn 'i P.Q.C. PAR. 5 z $ F . PIPE 2 � `3 5 PARCEL PLAT SHOWING PARCEL 5 LfNE BEARING DISTANCE CONCORD ROAD JEFFERSON COUNTY L1 N34'58'03"£ 1 8.24' CURVE RADIUS ARC LENGTH I CHORD LENGTH CHORD BEARING I DELTA ANGLE SCALE 1 " = 50' MAY 2009 Cl 2360.00' 64.64' 1 64.63' N51-24'1 6"W 01'34'09" SHEET 4 OF 4 �illllllllllllllll�llllliilllllllllilllillililll DD 2911911889 IIIIIIIiIII 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 SPECIAL WARRANTY DEED That, David Grady Ainsworth, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of FIVE THOUSAND AND NO/100 ($5,000.00) 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 himself, his 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 himself and his 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. Grantor represents that no part of the property constitutes either Grantor's business or residential homestead. EXECUTED this the day of May, 2011. David Grady ' orth STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of May, 2011, by David Grady Ainsworth. t (*Notary TAMMY WILLIAMS i otary ubli , tate of Texas Public,State Of Texas t My Cornmission Expires t .11-21-2013 t RETURN TO: City of Beaumont c/o Antoinette Hardy P.O. Box 3827 Beaumont,TX 77704 May 2009 Parcel 5 Page 1 of 4 EXHIBIT - County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 5 Being a 0.0249 acre (1,086 square feet) of land, situated in the A. Williams Survey, Abstract No. 385, out of and part of that certain tract of land being identified as Tract No. 1 having been conveyed to S. Don Russell and wife, La Verne Russell from Aetna Finance by deed dated January 20, 1993 being recorded under Film Code No. 104-62- 1616 of the Real Property Records of Jefferson County, Texas, Texas, said 0.0249 acre (1,086 square feet)of land being more particularly described as follows; COMMENCING at a 1/2" iron pipe found for the most Southerly corner of that certain called 1.00 acre tract of land having been conveyed to LaVeme Russell from James F. Ainsworth, Jr. and wife, Debra Ainsworth by deed dated June 19, 1998 being recorded under Clerk's File No. 98-9822146 of the Real Property Records of Jefferson County,Texas and in the Northwesterly line of the said Russell et ux tract; THENCE, NORTH 34°58'03" EAST along the Northwest line of the said Russell et ux tract and along the Southeast line of the said 1.00 acre Russell tract for a distance of 424.48 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Southwest right-of-way line of Concord Road, said comer being the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 34°58'03" EAST, continuing along the Northwest line of the said Russell et ux tract and along the Southeast line of the said 1.00 acre Russell tract for a distance of 8.24 feet to a point for corner, said point being the East corner of the said 1.00 acre Russell tract and being the North corner of the said Russell et ux tract; 2) THENCE, SOUTH 50°36'44" EAST, along the existing Southwesterly right-of-way line of Concord Road for a distance of 88.33 feet to a point for comer in the existing Southwesterly right-of-way line of Concord Road, said point being the most Northwesterly corner of that certain called 409.8 square foot tract of land having been conveyed to The City of Beaumont from Rita C. Ainsworth by deed dated June 14, 1974 being recorded under Volume 1836 Page 318 of the Deed Records of Jefferson County, Texas; May 2009 Parcel 5 Page 2 of 4 EXHIBIT 3) THENCE, SOUTH 46 059'54" EAST, along the Southwesterly line of the said 409.8 square foot The City of Beaumont tract for a distance of 115.74 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, said corner being the most Southerly corner of the said 409.8 square foot The City of Beaumont tract, also said comer being the most Westerly corner of that certain called 1,863.9 square foot tract of land having been conveyed to The City of Beaumont from Margaret Evelyn Roberts by deed dated June 27, 1974 being recorded under Volume 1840 Page 339 of the Deed Records of Jefferson County, Texas, said corner also being in the Northwesterly line of that certain called 2.77 acre tract of land having been conveyed to The Housing Authority of the City of Beaumont from Concorde Health and Racquetball Centre, Inc. by deed dated January 21, 1982 being recorded under Volume 2361 Page 97 of the Deed Records of Jefferson County, Texas; 4) THENCE, NORTH 50°37'20" WEST, along the proposed Southwesterly right-of-way line of Concord Road for a distance of 138.58 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 2360.00 feet and being subtended by a chord bearing NORTH 51'24'16" WEST having a chord length of 64.63 feet; 5) THENCE, NORTHWESTERLY, along said curve for an arc length of 64.64 feet to a POINT OF BEGINNING and containing 0.0249 acre (1,086 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 February 2009 GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF MAY 2009. ��. 0 F A. TF , ST* q'.%�� FOB 9N ............................... m.W.WH!I..h . ............................ . 3636 Q' Mark W. Whiteley, RPLS #3636 �.y••°.`.S.... ->0 �. URJ LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT" TXDOT CONTROL MONUMENT CALLED 1,863.3 SO. FT. THE CITY OF BEAUMONT O PARCEL NUMBER JUNE 27, 1974 0 CONCORD ROAD VOL. 1 DR 339 POWER POLE PROPOSED ROW LINE 75VOL. g �p EXISTING ROW LINE P.O.B 0 BEAUWFgrT PAR. 14, 1974 PROPE RTY LINE f�JC G. 318 rL — SURVEY LINE COUNTY LINE TRACT M. 1 CALLED 2.77 ACRES S. DON RUSSELL, et ux THE HOUSING AUTHORITY OF CALLED 1.00 ACRE JANUARY 20, 1993 THE CITY OF BEAUMONT LAVERNE RUSSELL CF NO. 104-62-1616 JANUARY 21, 1982 JUNE 19, 1998 OPRJC VOL. 2361 PG. 97 CF NO. 98-9821146 DRJ� OPRJC 1 c� P.O.C. PAR. 5 FND 1/2" I. PIPE PARENT TRACT N.T.S. TRACT TWO S. DON RUSSELL, et ux JANUARY 20, 1993 CF NO. 104-62-1616 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 D ACCOMPANIES THIS PARCEL PLAT. ��. 0 F • .e• • ..•w••s•e .e• ee•e M.W E Y ss o. ' EXISTING TAKING REMAINING ACRES ACRES (S.F.) ACRES PARCEL 5, 2. 8077 2. 8326 0.0, 0249/( 1086) MARK W. WHITELEY AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 5 ® CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRNY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 SCALE 1 " = 50' MAY 2009 409-892-0421 (FAX) 409-892-1348 SHEET 3 OF 4 v- N u co CONCORD ROAD C - + D� + — 153+00 n - �_1 - PROPOSED BASELINE N50'37'11"W 180.80' EXISTING RIGHT OF WAY ALL D 1 O3.SO.SO. _ S50'36'44"E 88.33' JUNE 27, 1974 —� S46'S9'S4"E 115.74 VOL. 1 DRJC G. 339 PROPOSED RIGHT OF WAY Cl 1 N50'37'20"W 138.58' PI STATIEIN=154+64.69 154+48.97 =03°53'14' 153+83.24 PI STATION=150+01,95 2400,0000' 40.00LT 40.00LT A=03°57'46' T=81,4430' 152+44,66 R=5800.0000' L=162.8235' P.O.B. PAR. 5 CALLED 409.8 SQ. FT. 40.00LT T=200.6532' Ch=162,7922' THE CITY OF BEAUMONT L=401,1465' D=02°23'14' 70 O JUNE 14, 1974 Ch=40L0666' VOL. 1836, PG. 318 — 00 DRJC D=00°59'16' CALLED 1.00 ACRE CALLED 2.77 ACRES LAVERNE RUSSELL w HOUSING AUTHORITY OF THE CITY OF BEAUMONT JUNE 19, 1998 o N JANUARY 21, 1982 CF N0. 98-9822146 TRACT NO. 1 Ln VOL. 234, PG. 97 OPRJC ° S. DON RUSSELL, et ux °; DRJC !4- JANUARY 20, 1993 z CF NO. 104-62-1616 OPRJC d M 5�� Y �� P.O.C. PAR. 5 z v FND2„ 1. PIPE 3�5 PARCEL PLAT SHOWING PARCEL 5 LINE BEARING DISTANCE CONCORD ROAD JEFFERSON COUNTY L 1 N34'58'03°E 8.24' FCU RVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE SCALE 1 " = 50' MAY 2009—di 2360.00' 64.64' 64.63' N51'24'16"W 01'34'09" SHEET 4 OF 4