HomeMy WebLinkAboutRES 11-147 RESOLUTION NO. 11-147
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 #64: 0.1170 acre out of City Plat RS-1, Thomas Spear Survey
(7130 Eastex)
Value: $40,000.00
Owner: Academy, Ltd.
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 10th day of May,
2011.
,r� ,Oil,
-Mayor Becky Ames -
s
of low
June 2009
Parcel 64
Page 1 of 4
EXHIBIT
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 64
Being a 0.1170 acre (5,097 square feet) of land, situated in the Thomas Spear League,
Abstract No. 50, and being out of and part of that certain called 10.604 acre tract of land
having been conveyed to Academy, Ltd from Eastex Four, Ltd, by deed dated June 14,
2007, and being recorded under Clerk's File No. 2007023100 of the Real Property
records of Jefferson-County, Texas, said 0.1170 acre (5,097 square feet) of land being ,,
more particularly described as follows;
COMMENCING at an 1/2" iron rod with cap stamped "F & S" found for a Southeast
exterior ell corner of the said 10.604 acre Academy tract and in the North line of that
certain tract of land having been conveyed to William J. Travis from Reba Cox
Westmoreland, widow of E. S. Westmoreland by deed dated January 14, 1985, and
being recorded under Film Code No. 100-88-2352 of the Real Property records of
Jefferson County, Texas, and also said point being the West corner of that certain
called 1 '/2 acre tract of land having been conveyed to Garland Steve Westmoreland
from James T. Gore and wife, Anna M. Gore by deed dated September 5, 1946, and
being recorded under Volume 636 Page 324, of the Deed records of Jefferson
County, Texas;
THENCE, NORTH 40°3933" EAST along the boundary line between the said
10.604 acre Academy tract and the said 1 Y2 acre Westmoreland tract for a distance
of 307.82 feet to a 518" iron rod with cap stamped "City of Beaumont ROW
Monument" set for comer in the proposed Southwesterly right-of-way line of Concord
Road, said point being the POINT OF BEGINNING of the parcel herein described;
1) THENCE, NORTH 47 039'01" WEST, along the proposed Southwesterly right-of-way
of Concord Road for a distance of 349.12 feet to a 518" iron rod with cap stamped
"City of Beaumont ROW Monument" set for comer in the existing Southwesterly
right-of-way line of Concord Road;
2) THENCE, SOUTH 52 026'36" EAST, along the existing Southwesterly right-of-way of
Concord Road for a distance of 349.48 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 10.604 acre Academy tract and the most Northerly corner of the
said 1 1/2 acre Westmoreland tract and from said point a 5/8" iron rod with cap found
bears SOUTH 40 039'33" WEST for a distance of 1.65 feet;
EXHIBIT "A"
June 2009
Parcel 64
Page 2 of 4
EXHIBIT
3) THENCE, SOUTH 40°39'33" WEST for the boundary between the said 10.604 acre
Academy tract and the said 1 % acre Westmoreland tract for a distance of 29.21 feet
to the POINT OF BEGINNING and containing 0.1170 acre (5,097 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 Z"✓ DAY OF JUNE 2009.
<iTELEY.
,.' 6 w '
Mark W. Whiteley, RPLS #3636 �� -
SU
LEGEND
■ SET 5/8' 1. R, WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT'
TXDOT CONTROL MONUMENT
O PARCEL NUMBER
0 FND PROPERTY CORNER AS NOTED
POWER POLE
PROPOSED ROW LINE THOMAS SPEAR SURVEY
ABSTRACT NO. 50
EXISTING ROW LINE
—� --- -- PROPERTY LINE
— — SURVEY LINE PARENT TRACT
N.T.S.
COUNTY LINE 00,
cQ�
0
CALLED 10.604 ACRES '1'O
ACADEMY, LTD 64 CALLED 1.50 ACRES
JUNE 14, 2007 MAND STEVE WESTMORELAND
CF. NO. 077023100 SEPTEMBER 5, 1946
O
VOL. 636, PG. 324
-- DRJC
P.Q.B.
P.O.0 PARCEL 64 PARCEL 64 THOMAS C.2il(1CAN, ET AL
FND. 112" 1. ROD C aY t0$ 1993 449
W\CAP OPRJC
N
MajAM J. TRAVIS SH 105 G.S. WESTMORELAND
JANUARY 14, 1985 APRIL 19 1955
Ft~ N0. 100-88-2352 VOL. 973 PG 633
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.
s< � FV,�F,arC+
' ;•.;�'
TAKING REMAINING
EXISTING
ACRES ACRES S.F.) ACRES
~q"'•:�F -,`•�,��`'� PARCEL 64,
••.....�•..JG l i0. 604 0, 1170/(50977 10, 487
MARK W. WHITELEY ~� °
AND ASSOCIATES
INCORPORATED PARCEL PLAT
SHOWING
CONSULTING
SURVEYORS, SAND PLANNERS PARCEL 64
0 CONCORD ROAD JEFFERSON COUNTY
P. 0. BOX 5492 9250 EASTER PRWY.
BEAUMONT. 8 AS 77728-5492 BELAY,NT. 89291940 3 SCALE 1 = 50' JUNE 2009
SHEET 3 OF 4
EXHIBIT "B"
ai
C- n s �J R D ROAD
� FWD 5/8" I. ROD W\CAP BEARS -
J IJ Q S40'39'33V 1.65
PROPOSED B SELtNE_ 7+00 N47'41'17.56"W 489.24
-- INGRTGfl - --- S52'26'36"E 349.48' --
47'39'0I"W 349.12'
8+79.48 1 ---�"_f-�'` PROPOSED RIGHT OF WAY
f- 25,80 LT
P? STA. = 8+33.94 5+28.55 v
L=04°51'24 Rv�� 64 P.O.B. PAR. 64 30.00 LT
R=2000.0000' S�
T=84.8139' S GJ� OD
L=169.5263' PS I��' CALLED 10.604 ACRES 000 63 =
Ch=169.4756' `� SZR�'CT ACADEMY, LTD w
a �B JUNE 14, 2007 0
D=02 51'53 CF, NO. 2007023100 CALLED 1,5 ACRES
OPRJC GARLAND STEVE WESTMORELAND
VOL, 636, PG. 324
-"' DRJC
rn
0
z
P.O.C. PAR. 64
FND 1/2"
I. ROD \CAP
LINE BEARING DISTANCE PARCEL PLAT
L 1 S40'39'33"W 29.21' SHOWING
PARCEL 64
CONCORD ROAD JEFFERSON COUNTY
SCALE 1 " = 50' JUNE 2009
SHEET 4 OF 4
i
DD 101191417
7 PGS
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY
REMOVE OR STR= ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT'THAT TRANSFERS AN D TF.RST 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 716XAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF J-C-�M X
It 421 _Tvb.
SPECIAL. WARRANTY DEED
That, C & H REALTY, LLC, a New York limited liability company, hereinafter called
GRANTOR for and in consideration of the sum of FORTY THOUSAND AND N01100
($40,000.00) DOLLARS and other good and valuable consideration, to it in land 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.
This conveyance is expressly made subject to all zoning laws and to restrictions,
covenants, conditions, easements and mineral and/or royalty reservations, if any, affecting 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 itself
and it's 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
s
the claim is by,through,or under GRANTOR but not otherwise.
EXECUTED this the day of Joe,2011.
C&H Realty, LLC,a New York limited
liability company
By.
Nicholas Haros,Vanaging Member
STATE OF A X
COUNTY OF GEL*"f X
This instrument was acknowledged before me on AIW , 2011, by Nicholas Haros,
Managing Member of C&H REALTY, LLC,a New York limited liability company known to me to be
the person and officer whose name is subscribed tD the foregoing instrument and acknowledged to me that
the same was the act on behalf of said C & H REALTY, LLC, that halshe executed the same for the
purpose and consideration expressed and in the capacity stated.
;R4y
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this aday of.3a�2011.
Notary Pub 4b, of
FRANK G.MESSINA
MOTARy PUBLIC-STATE OF NEW YORK
No.02ME4766488
RETURN TO: City of Beaumont QUALIFIED IN NEW YORK COUNTY
do Antoinette Hardy MY COMMISSION EXPIi2E5 SEPT-14,2011
P.O.Box 3927
Beaumont,TX 77704
June 2009
Parcel 64
Page 1 of 4
EXHIBIT
County. Jefferson
Highway. Concord Road
Project Limits: East Lucas to US 96, 69,287
PROPERTY DESCRIPTION FOR PARCEL 84
Being a 0.1170 acre(5,087 square feet)of land, situeted In the Thomas Spear League,
Abstrect.No. 50, and being.out of and.part-of that.certain called 10,504.wm tact of land
haves boon conveyed to Academy, Ltd from Easbx Four, LW, by deed dated June 14, .
2007, and being recorded under Clerk's File No. 2007023100 of the Real Property
records of Jeft mon.County, Texas, said 0.1170 acre (6,097 square feet) of land being,.
more partic ulady described as follom;
COMLENCING at an 1/2* iron rod with cap stamped "F S S'found for a Southeast
exterior ell comer of the said 10.604 acre Academy tract and in the North line of that
certain tract of land having been conv"o to W am J. Travis from Reba Cox
Westmoreland, widow of E. S.Westmoreland by deed dated January 14, 1985, and
being recorded under Film Code No. 100-68-2352 of the Reel Property records of
Jefferson County, Texas, and also said point being the West owner of that certain
called 1 % acre tract of land having been conveyed to Garland Steve Werhrroretand
from Jaynes T. Gore and wife,Anna M. Gore by deed dated Sepbamber 5, 1941% and
being recorded under Volume 836 Page 324, of the Deed records of Jeftrrson
County, Texas;
THENCE, NORTH 40 039'33" EAST along the boundary line between the said
10.604 acre Academy tract and the said 1 A acre Wastmomiand erect for distance
of 307.82 feet to a 51W iron rod with cap stamped "CUy of Beaumont ROW
Monument"set for comer In the proposed Soutwoestarly rigWrof-way line of Concord
Road, said point being the POINT OF BEGMAING of the parcel herein described;
1) THENCE, NORTH 47°39'01" WEST, akxg the proposed SoWVWVstarly.right-of-vay
of Concord Road for a dance of 349.12 feet to a 518" Iron rod wkh cap stamped
"City of Beaumont ROW Monument" set for corner In the existing Southwesterly
right-of-way fine of Concord Road;
2) THENCE, SOUTH 52°26'36" EAST, along the existing Southwesterly dghW way of
Concord Road for a distance of 349.48 feet to a point for comer In the existing
Southwesterly right-of-way line of Concord Road, said point being the most Easterly
comer of the said 10.604 acre Academy tract and the most Northerly comer of the
said 1 V2 acre Westmoreland tract and from'said pob t a 518" Iron rod with cap found
bears SOUTH 40°39'33"WEST for a distance of 1.65 That
June 2009
Parcel 64
E;XHBIT �t^ Page Z of 4
3) THENCE, SOUTH 40°39'33"WEST for the boundary between the said 10.804 acre
Academy tract and the said 1 %acre Westmoreland trad for a distance of 29.21 feet
to the POINT OF BEGINNING and containing 0.1170 acre (5,057 square feet) of
land.
A parcel plat of even date accompanies this property description. -
I, Mark W. Whiteley, Registered Professional UvW Surveyor No. 3638, in the State of
Texas, do hereby certify that the above field notes comedy rafted an actual survey .
made under my supervision and the limits, boundaries and comers are truly shown Just
as found at the time c f the survey.
Surveyed February 2009
GIVEN UNDER W HAND AND SEAL THIS THE DAY OF JUNE 2009.
o>;,.F
B T�q"•qL�
� ++�Q4
Mark W.Whiteley, RPLS#3636 .....ar sss�o
J
su
LEGEND
■ SET 3/8' L R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT'
0 TXDOT CONTROL MONUMENT
0 PARCEL NUMBER
o FND PROPERTY CORNER AS NOTED
P13WER POLE
PROPOSED ROW LINE
EXISTING ROW LINE
PROPERTY LINE
-- SURVEY LINE PARENT TRACT
COUNTY LINE _ N.T.S.
OWED IM
ARE 14, =1 volomm
CF NO. tib im M44
P.O.&
P. .0 P CEL 644 PAM 64
1 1. RM L ,
W\CAP
ti
SF1 105
TA�MLS GS
IM
Fmt IOD;Wzm Yt>Z ITS 6JJ
9E4RINCS AND O STANCES SHOW MCLOSED IN PARENTHESES ARE CALLED W-VWS AND DISTANCES
IN THE DESCRIPTION OF THI: PARENT TRACT.
SURVEYED FEBRU"Y 2009
A PROPERTY DESCRY WN OF M DATE
ACCOWAMB TWS PARCEL PUTT.
OF•.E`
ST6�.'I.r„
¢ .rY
MM
....•• EXISTING TAKING REMAINING
.i o ACRES ACRES S F. ACRES
,rF•..��SRY: �'3` PAM 64,
10. 487
MARK W. KAY SU�� 10.604 p.11?of(50971
AND ASSOCIATES
INCORPORATED PARCEL PLAT
Colfmnmc em1i6m, SHOWING
SURVEYORS, AM PLWMM PARCEL 64
0
CONCORD ROAD JEFFERSON COUNTY
mmuwN44bswOt7 *64iZ InU6 Tt 103 n
SCALE 1 50 JUNE 2009
SHEET 3 OF 4
M
�t
�y ��R fl R OAD�� 5�8' � SOD �� I�
ka 0 n S4V3'9 33'111 1.65
EUNE { 111705 "W ROP 4T 489.24
PR ID RIGHT OF WAY
� _- +79.4$
25.80 LT
PI STA. = 8+33.94 5+28.55
L1=04'51'24' O P.O.B. PAR. 64 30.00 LT
R=2000.0000' $
T=84.8139' $ $4� Q. CALLED 10.604 ACRES
L=169.5263' Q�f►@+ ACADEMY, LTD c @
Ch=169.4756` JUNE 14, 2007 oo
51 Cr. N 2007023100
CALLED IS ACRES
w GARLAND STEVE VESTNIZELAND
i� VR. 636, PG. 324
=� wit
v,
M
O
d
Z
P.O.C. PAR_64
FIND 1/2m
I. ROD CAP
LINE BMING =TIME PARCEL PLAT
L i 540'3933"W 29.21- 1 SHOWING
PARCEL 64
CONCORD ROAD JEFFERSON COUNTY
SCALE 1" = 50' JUNE 2009
SHEET 4 OF 4
I NOT 2011024109
3 PGS
11421-TW
NOTICE TO PURCHASERS
(Jefferson County Drainage District No.6)
The real property described below, which you are about to purchase, is located in Jefferson
County Drainage District No. 6. The District has taxing authority separate from any other taxing
authority and may, subject to voter approval,issue an unlimited rate of tax in payment of such bonds. As
of this date, the rate of taxes levied by the District on real property located in the District is 20.5587
cents on each$100 of assessed valuation.
The total amount of bonds that have been approved by the voters and which may be issued by the
District (excluding refunding bonds and any bonds or portion of bonds payable solely from revenues
received or expected to be received pursuant to a contract with a governmental entity) is $0; however,
contract revenue refunding bonds have been approved by the District's Board in the following original
amounts Series 2003 - $4,995,000. The aggregate initial principal amount of all bonds of the District
payable in whole or part from taxes (excluding refunding bonds and any bonds or portion of bonds
payable solely from revenues received or expected to be received pursuant to a contract with a
governmental entity) that have been previously issued is $0, however, the current principal amounts of
contract revenue refunding bonds outstanding are as follows: Series 2003 Contract Revenue Refunding
Bonds - $3,590,000. The contract revenue refunding bonds are serviced through taxes collected for
maintenance and operating. Funds from maintenance and operating are transferred to debt service for
annual installments toward payment of the contract revenue refunding bonds. No separate tax is
collected for contract revenue refunding bonds.
The District does not impose a standby fee.
The purpose of this District is to provide drainage or flood control facilities and services within
the District through the issuance of bonds payable in whole or in part from property taxes. The cost of
these utility facilities is not included in the purchase price of your property,and these utility facilities are
owned or to be owned by the District.
The legal description of the property which you are aoquiring is as follows:
Being a 0.1170 acre(5,097 square feet)of land,situated in the Thomas Spear League,Abstract
No. 50, and being out of and part of that certain called 10.604 acre tract of land having been
conveyed to Academy,Ltd from Eastex Four,Ltd,by deed dated June 14,2007,and being
recorded under Clerk's File No.2007023100 of the Real Property records of Jefferson County,
Texas, said 0.1170 acre(5,097 square feet)of land being more particularly described as follows;
COMMENCING at an 1/2"iron rod with cap stamped"F&S"found for a Southeast exterior ell
corner of the said 10.604 acre Academy tract and in the North line of that certain tract of land
having been conveyed to William J.Travis from Reba Cox Westmoreland,widow of E. S.
Westmoreland by deed dated January 14, 1985,and being recorded under Film Code No. 100-
88-2352 of the Real Property records of Jefferson County,Texas,and also said point being the
West corner of that certain called 1 %acre tract of land having been conveyed to Garland Steve
Westmoreland from James T. Gore and wife,Anna M.Gore by deed dated September 5, 1946,
and being recorded under Volume 636 Page 324,of the Deed records of Jefferson County,
Texas;
11421-TW
THENCE,NORTH 40 039'33" EAST along the boundary line between the said 10.604 acre
Academy tract and the said 1 'A acre Westmoreland tract for a distance of 307.82 feet to a 5/8"
iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed
Southwesterly right-of-way line of Concord Road,said point being the POINT OF BEGINNING
of the parcel herein described;
1) THENCE,NORTH 47°39'01"WEST,along the proposed Southwesterly right-of-way of
Concord Road for a distance of 349.12 feet to a 5/8" iron rod with cap stamped"City of
Beaumont ROW Monument" set for corner in the existing Southwesterly right-of-way line of
Concord Road;
2) THENCE,SOUTH 52°2636"EAST,along the existing Southwesterly right-of-way of
Concord Road for a distance of 349.48 feet to a point for corner in the existing Southwesterly
right-of-way line of Concord Road, said point being the most Easterly comer of the said 10.604
acre Academy tract and the most Northerly corner of the said 1 V2 acre Westmoreland tract and
from said point a 5/8"iron rod with cap found bears SOUTH 40°39'33"WEST for a distance of
1.65 feet;
3) THENCE,SOUTH 40 03933"WEST for the boundary between the said 10.604 acre
Academy tract and the said 1 Vi acre Westmoreland tract for a distance of 29.21 feet to the
POINT OF BEGINNING and containing 0.1170 acre(5,097 square feet)of land.
C & H Realty, LLC, a New York limited liability
Date company
BY: C S
Nicholas Hifos,Managing Member
PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS
SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY
ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER
OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED
BY THE DISTRICT. PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE
THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN
ON THIS FORM.
The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to
execution of a binding contract for the purchase of the real property described in such notice or at
closing of purchase of the real property.
2tj�l� City of aeaumprit
Date
BY:
Antoinette Hardy,Real Property
Coordinator
11421-TW
THE STATE OF eq1 f'O'f1C
COUNTY OF CY, 6(ee:A1 f
. q�71.2,
This instrument was acknowledged before me one ,2011,by Nicholas Haros,Managing
Member of C &H Realty,LLC,a New York limited liability company.
Notary Public,State of Tim I✓ ®�/�
FRANK G.MESSINA
NOTARY PUBLIC-STATE OF NEW YORK
NO.02ME4766488
QUALIFIED IN NEW YORK COUNTY
MY COMMISSION EXPIRES SEPT.14,2011
THE STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me o ,2011,by Antoinette Hardy,Real
Property Coordinator for the City of Beaumont.
o c, of Texas
�( Y°gym TAMMY WILLIAMS t
' y Notary Public,State Of Texas 1
OF
t My COMMission Expires t
11-21-2013 t
After recording,return to:
City of Beaumont
P.O. Box 3827 FILED AND RECORDED
Beaumont,TX 77704-3827
Attn.: Antoinette Hardy OFFICIAL PUBLIC RECORDS
2011 Jul 22, 04:15 PM 2811824189
JAMES: $24.00
CAROLYN L. GUIDRY, COUNTY CLERK
JEFFERSON COUNTY, TEXAS