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Home My WebLink AboutRES 11-086 RESOLUTION NO. 11-086 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 #7: 0.0225 acre out of Lot 33, Tract 2, French Heights Addition (5065 Concord Road) Value: $2,100.00 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. __��\ t MO�yj. i 4 % - y y s or Beck Ames - i 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 ESATE OF LAVERNE RUSSELL, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of TWO THOUSAND ONE HUNDRED AND NO/100 ($2,100.00) 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. DAVID AINSWORTH JAMES AINSWORTH STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, 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 JAMES AINSWORTH. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 May 2009 Parcel 7 Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 7 Being a 0.0225 acre (978 square feet) of land, situated in the A. Williams Survey, Abstract No. 385, out of and part of that certain called 1.00 acre tract of land having been conveyed to Laverne 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, said 0.0225 acre (978 square feet) of land being more particularly described as follows; COMMENCING at a 1/2" iron pipe found for the most Southerly comer of the said 1.00 acre Russell tract and in the Northwesterly line of that certain tract of land being identified as Tract No. 1 having been conveyed to S. Don Ruussell 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, the same being know as Tract No. 34 of French Heights Addition to the City of Beaumont, Jefferson County, Texas, according to the map or plat recorded in Volume 6 Page 61 Map Records of Jefferson County,Texas; 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, 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 53°20'53" WEST having a chord length of 95.47 feet; 1) THENCE, NORTHWESTERLY, along said curve for an arc length of 95.47 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; 2) THENCE, NORTH 54 030'26" WEST, along the proposed Southwesterly right-of-way line of Concord Road for a distance of 4.18 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 in the Northwesterly line of the said 1.00 acre Russell tract and said corner being in the Southeasterly line of that certain called 1/2 acre tract of land having been conveyed to Ann Marie Medina from Michael Wirfs and Susan Wirfs by deed dated May 9, 2007 being recorded under May 2009 Parcel 7 Page 2of4 EXHIBIT, Clerk's File No. 2007018237 of the Real Property Records of Jefferson County, Texas; 3) THENCE, NORTH 34°58'10" EAST, along the Northwesterly line of the said 1.00 acre Russell tract and the Southeasterly line of the said 112 acre Medina tract for a distance of 10.48 feet to a point for corner in the existing Southwesterly right-of-way line of Concord Road, said point being the most Easterly corner of the said 1/2 acre Medina tract and the most Northerly comer of the said 1.00 acre Russell tract; 4) THENCE, SOUTH 54 033'44" EAST, along the existing Southwesterly right-of-way line of Concord Road for a distance of 37.78 feet to a point for corner; 5) THENCE, SOUTH 50 036'44" EAST, continuing along the existing Southwesterly right-of-way line of Concord Road for a distance of 62.01 feet to a point for corner, said point being the East comer of the said 1.00 acre Russell tract and the North corner of the said Russell et ux tract; 6) THENCE, SOUTH 34 058'03" WEST, along the Southeast line of the said 1.00 acre Russell tract and along the Northwest line of the said Russell et ux tract for a distance of 8.24 feet to the POINT OF BEGINNING and containing 0.0225 acre (978 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 T? 'DAY OF MAY 2009. r'G OF l Q� 5 T f r'`{•"� • ... J..WHITELEY.. Ce........................... 3636 Mark W. Whiteley, RPLS #3636 �.� SUz�� ' ' LEGEND ® SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTROL MONUMENT xx PARCEL NUMBER 0 FND PROPERTY CORNER AS NOTED O POWER POLE PROPOSED ROW LINE P.0.8. CONCORD ROAD pARCFL 7 EXISTING ROW LINE PROPERTY LINE — — SURVEY LINE o 9 CALLED 1.00 ACRE cr CAVERN£ RUSSELL COUNTY LINE JUNE 19, 1998 o CF NO. 98-9822146 x DPRJC CALLED 112 ACRES C. ANN MARIE MEDINA MAY 9, 2007 CF NO. 2007018237 OPRJC TRACI NO. 1 A. WILLIAMS SURVEY S. DON RUSSELL, ei ux ABSTRACT NO. 385 JANUARY 20, 1993 CF NO. 104-62-1616 P.O.0 PARCEL 7 OPRJC FND. 1/2"L PPE 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 0 F T ACCOMPANIES THIS PARCEL PLAT. 5 T F Af EXISTING TAKING REMAINING ACRES ACRESI(S.Fl ACRES PARCEL 7, 0. 9775 1. 00 Q 0225/(976) MARK W. WHITELEY AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 7 0 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX W2 3250 EASTEX FRWY. BEAVtdON4U9 82-SD42126-5492 B(FadNT09TE892s13483 SCALE �� = FJO MAY 2009 SHEET 3 OF 4 EXHIBIT uBn co �'O �I ( ORD ROAD � ° W 0- z� N54'3O'26"W 1552.99' 155+00 U-) Q ° I — PROPOSED BASELINE uj N — � o0 L3 550'36'44"E 62.01'-` ISTING RIGHT OF WAY z TIT - N' L 1 C1 PROPOSED RIGHT OF WAY m 155+46.08 W ° I' � I II 40.001_T O I 0 z i 155+50.26 154+48.97 .0.8. PAR. 7 ( I 40,OOLT 40.00LT I z PI STATION=154+64,69 z L=03°53'14' luj 1 a i R=2400.0000' o I, CALLED 1/2 ACRES Qua T=81.4430` o to M CALLED 1.00 ACRE � N o L=162.8235 S '� ANN MARIE ME01NA M, z LAVERNE RUSSELL N U°; Ch=162.7922' U MAY 9, 2007 d-M N M r-) �- JUNE 19, 1998 �. D-02°23'14" < CF NO.OPORJC 18237 0 CF NO.OPRJC$22146 - _ m ° o co TRACT N0. 1 X �� 00 In S. DON RUSSELL, et ux w W ul °M°M o JANUARY 20 1993 J �z z z CF NO. 104-L-1616 a OPRJC °i � L ��g� LJ 0 W P.O.C. PAR. 7 U U FND PARCEL PLAT I. PIPE IPE SHOWING PARCEL 7 LINE BEARING DISTANCE L1 N54'30'26"W 4.18' S54'46'39"E 99.62' CONCORD ROAD JEFFERSON COUNTY L2 N34.58'10"E 10.48' (S51'15'OQ"E 10Q.OQ'} L3 S54'33'44"E 37.78' SCALE 1 " = 50' MAY 2009 L4 S34'581 03"W 1 8.24' SHEET 4 OF 4 WIIIIIIIIIIIIIIIIHIIIIillllllll�llllllllllllllllllll .1 DDPGS 2011 017891 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 �C)9 -� SPECIAL WARRANTY DEED That, James Franklin Ainsworth, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of TWO THOUSAND ONE HUNDRED AND NO/100 ($2,100.00) 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 20 day of May, 2011. AZI'�10�i� //�- /,—t--I� ames Frankl' Ainswort STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the 20 day of May, 2011, by James Franklin Ainsworth. Y PGA TAMMY VINLLIA Nota M$ t N tart' i ate of Texas z ry Public,State Of Texas i t 'rF My Commission Expires t N� OrtEPy 11-21-2013 RETURN TO: City of Beaumont c/o Antoinette Hardy P.O. Box 3827 Beaumont,TX 77704 May 2009 Parcel 7 Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 7 Being a 0.0225 acre (978 square feet) of land, situated in the A. Williams Survey, Abstract No. 385, out of and part of that certain called 1.00 acre tract of land having been conveyed to Laverne 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, said 0.0225 acre (978 square feet) of land being more particularly described as follows; COMMENCING at a 1/2" iron pipe found for the most Southerly comer of the said 1.00 acre Russell tract and in the Northwesterly line of that certain tract of land being identified as Tract No. 1 having been conveyed to S. Don Ruussell 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, the same being know as Tract No. 34 of French Heights Addition to the City of Beaumont, Jefferson County, Texas, according to the map or plat recorded in Volume 6 Page 61 Map Records of Jefferson County, Texas; 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 corner in the proposed Southwest right-of-way line of Concord Road, said corner being 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 2360.00 feet and being subtended by a chord bearing NORTH 53°20'53" WEST having a chord length of 95.47 feet; 1) THENCE, NORTHWESTERLY, along said curve for an arc length of 95.47 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; 2) THENCE, NORTH 54 o 30 26„ WEST, along the proposed Southwesterly right-of-way line of Concord Road for a distance of 4.18 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 comer being in the Northwesterly line of the said 1.00 acre Russell tract and said corner being in the Southeasterly line of that certain called 1/2 acre tract of land having been conveyed to Ann Marie Medina from Michael Wirfs and Susan Wirfs by deed dated May 9, 2007 being recorded under May 2009 Parcel 7 Page 2 of 4 EXHIBIT Clerk's File No. 2007018237 of the Real Property Records of Jefferson County, Texas; 3) THENCE, NORTH 34°58'10" EAST, along the Northwesterly line of the said 1.00 acre Russell tract and the Southeasterly line of the said 1/2 acre Medina tract for a distance of 10.48 feet to a point for corner in the existing Southwesterly right-of-way line of Concord Road, said point being the most Easterly corner of the said 1/2 acre Medina tract and the most Northerly corner of the said 1.00 acre Russell tract; 4) THENCE, SOUTH 54°33'44" EAST, along the existing Southwesterly right-of-way line of Concord Road for a distance of 37.78 feet to a point for comer; 5) THENCE, SOUTH 50 036'44" EAST, continuing along the existing Southwesterly right-of-way line of Concord Road for a distance of 62.01 feet to a point for corner, said point being the East corner of the said 1.00 acre Russell tract and the North corner of the said Russell et ux tract; 6) THENCE, SOUTH 34 058'03" WEST, along the Southeast line of the said 1.00 acre Russell tract and along the Northwest line of the said Russell et ux tract for a distance of 8.24 feet to the POINT OF BEGINNING and containing 0.0225 acre (978 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 �J-+�` DAY OF MAY 2009. 'C�.•°•F TF ................... ...WHITELEY .......................... �3636 Mark W. Whiteley, RPLS #3636 �G. BUR'�� LEGEND ■ SET 5/8' 1. R. WITH CAP STAMPED "CITY OF BEAUMONT ROW MONUMENT" TXDOT CONTROL MONUMENT O PARCEL NUMBER o FND PROPERTY CORNER AS NOTED POWER POLE PROPOSED ROW LINE P.O.B. CONCORD ROAD PARCEL 7 EXISTING ROW LINE PROPERTY LINE SURVEY LINE o 9 CALLED 1.00 ACRE COUNTY LINE a LAVERNE RUSSELL z JUNE 19, 1998 o CF NO. 98-9822146 CALLED 111 ACRES = OPRJC ANN MARIE MEDINA MAY 9, 2007 CF NO. 2007018237 OPRJC l94CT NO. 1 A. WILLIAMS SURVEY S DON RUSSELL, et ux ABSTRACT NO. 385 JANUARY 20, 1993 CF NO. 104-62-1616 P.O.0 PARCEL 7 OPRJC FND. 1/2'L PIPE 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 ACCOMPANIESTHISPARCELOP�EN DATE P�•�`Q ),�+ R' .... M.W.WHI EXISTING TAKING REMAINING ACRES ACRES S.F. ACRES PARCEL 7, 0. 9775 I. 00 0. 0225/(978) MARK W. WHITELEY AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 7 ® CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77728-5492 BEAUMONT. TEXAS 77703 SCALE 1 " = 50' MAY 2009 409-892-0421 (FAX) 409-892-1348 SHEET 3 OF 4 CONCORD ROAD Lo V, Z L Q -° Ln 155+00 Q rn N54'30'26"W 1552.99' _ _ PROPOSED BASELINE J 00 VEJ-'-� S50'36'44"E 62.01' EXISTING RIGHT OF WAY Z L1 C1 m PROPOSED RIGHT OF WAY 155+46.08 0° 40.00LT O5 I ° 0 155+50.26 154+48.97 O.B. PAR. 7 I U z_jj 40,001-T 40.00LT = O O PI STATIBN=154+64,69 z 10 A=03°53'14' ' R=2400.0000 _ o- CALLED 1/2 ACRES o�.o T=81.4430' o ANN MAR IEE MEDINA �°;P`' CALLED 1.00 ACRE �� L=162.8235 C) o) r,^ LAVERNE RUSSELL 4 �; Ch=162.7922 MAY 9, 2007 JUNE 19 1998 � M � _ o CF NO.02007018237 �, d- � D=02 23 14 U-1 CF N0. 98-9822146 w 0 OPRJC o �o TRACT NO. 1 � �E o 00 o S. DON RUSSELL, et ux w oO�; ;�; :4- JANUARY 20, 1993 J vz z z z CF NO. 104-62-1616 Of Ln OPRJC a rn w S�g�� a 0 1� S �� 3� � o G�j A �Q�rj� [if N W P.O.C. PAR. 7 U U FND PARCEL PLAT I. PIPE IPE SHOWING LINE BEARING DISTANCE PARCEL 7 L1 N54'30'26"w 4.18' S5446'39"E 99.62' CONCORD ROAD JEFFERSON COUNTY .L2 N34'58'10"E 10.48' 551'15'00"E 100.00' L3 S54'3344'E 37.78' SCALE 1 " = 50' MAY 2009 L4 S34'58'03"w 8.24' SHEET 4 OF 4