HomeMy WebLinkAboutRES 11-173 RESOLUTION NO. 11-173
WHEREAS, the City Council of the City of Beaumont deems it necessary that the
properties described below be acquired for the Concord Road Pavement Widening Project;
and,
WHEREAS, the City Council has found that a public necessity exists requiring the
hereinafter described properties:
0.1773 acre situated in F. Bigner Survey, Abstract No. 1
Address: 4495 Treadway
Parcel No.: #35
Appraised Value: $11,000.00
Owner: Kevin James Wilson
0.1467 acre situated in F. Bigner Survey, Abstract No. 1
Address: 5850 Eastex Freeway
Parcel No.: #42
Appraised Value: $57,000.00
Owner: Target Stores, Inc.
0.2385 acre situated in F. Bigner Survey, Abstract No. 1
Address: 5852-5896 Concord Road
Parcel No.: #47
Appraised Value: $123,100.00
Owner: Eastex Ventures
and,
WHEREAS, the City Council deems it necessary to acquire the hereinafter
described interests in and to the above described properties for the Concord Road
Pavement Widening Project and has found and determined that said interests in and to the
above described land is suited for such purposes and that it is necessary to acquire same
for said purposes; and,
WHEREAS, the City of Beaumont, through its duly authorised representatives, has
negotiated in good faith with the owners of the hereinafter above described land and has
been unable to agree with the owners of such property as to the fair market value thereof
and damages, if any, and further negotiations for settlement have become futile and
impossible;
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 City Attorney be and he is hereby authorized and directed to file or cause
to be filed against all owners of the above described parcels of land, and all claimants of
any interest therein, proceedings in Eminent Domain to acquire fee simple title for said
purposes, in and to the said parcels of land shown in Exhibit "A," attached hereto and
made a part hereof, the parcels of land being situated in Beaumont, Jefferson County,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of
June, 2011.
Mayor Be ky Ames -
"'st Jlll`�►�
June 2009
Parcel 35
Page 1 of 5
EXHIBIT
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL.35
Being a 0.1773 acre (7,725 square feet) of land, situated in the F. Bigner Survey,
Abstract No. 1, and being out of and part of that certain called 4.413 acre tract of land
having been conveyed to Kevin James Wilson from Erwin Leblanc by deed dated
November 13, 1995 and being record under Clerk's File No. 9533459 of the Real
Property Records of Jefferson County, Texas, said 0.1773 (7,725 square feet) acre of
land being more particularly described as follows;
COMMENCING at a 2" iron pipe found for the Southeast corner of the said 4.413
acre Wilson tract and being in the West right-of-way line of Treadway Road;
THENCE, NORTH 12°24`04° EAST, along the West right-of-way line of Treadway
Road for a distance of 238.62 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 and 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 1190.00 feet and being subtended by a chord bearing NORTH 72°12'33"
WEST having a chord length of 323.97 feet;
1) THENCE NORTHWESTERLY, along and with said curve for an arc length of 324.98
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 80 001'58" WEST, along the proposed Southwest right-of-way line
of Concord Road for a distance of 147.35 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 right having a radius of 1050.00 feet and being subtended by a chord bearing
NORTH 77°5359"WEST having a chord length of 78.16 feet;
3) THENCE NORTHWESTERLY, along and with said curve for an arc length of 78.18
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 point
being in the West line of the said 4.413 acre Wilson tract and in the East line of that
certain called 0.5357 acre tract of land, also being identified as Tract No. 2, having
been conveyed to the The Tucker Family Limited Partnership from Martha L. Tucker
by deed dated September 3, 1993 and being recorded under Film Code No. 105-03-
0899 of the Real Property Records of Jefferson County, Texas;
EXHIBIT"A"
June 2009
Parcel 35
Page 2 of 5
EXHIBIT_
4) THENCE, NORTH 07°59'14" EAST, along the boundary line between the said
0.5357 acre The Tucker Family Limited Partnership tract and the said 4.413 acre
Wilson tract for a distance of 15.72 feet to a point for comer in the existing
Southwest right-of-way line of Concord Road, said comer also being the beginning
of a curve turning to the left having a radius of 1175.92 feet and being subtended by
a chord bearing SOUTH 78 042'23" EAST having a chord length of 114.57 feet;
5) THENCE SOUTHEASTERLY, along and with said curve for an arc length of 114.61
feet to a point for comer in the existing Southwest right-of-way line of Concord Road;
6) THENCE, SOUTH 81029'55" EAST, along the existing Southwest right-of-way line of
Concord Road for a distance of 42.19 feet to a point for corner, said comer also
being the beginning of a curve turning to the right having a radius of 1243.24 feet
and being subtended by a chord bearing SOUTH 72°22'43" EAST having a chord
length of 394.12 feet;
7) THENCE SOUTHEASTERLY, along and with said curve for an arc length of 395.79
feet to a point for comer, said comer being the Northeast comer of the said 4.413
acre Wilson tract, and being in the West right-of-way line of Treadway Road;
8) THENCE, SOUTH 12°24'04" WEST, along the West right-of-way line of Treadway
Road for a distance of 8.66 feet to the POINT OF BEGINNING and containing
0.1773 acre(7,725 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 comers are truly shown just
as found at the time of the survey.
Surveyed February 2009
GIVEN UNDER MY HAND AND SEAL THIS THE IJ DAY OF JUNE 2009.
' O F
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Mark W. Whiteley, RPLS#3636 M W !�!!TFL Y•••
�• 3636
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LEGEND
■ SET 5/8' I. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT'
TXDOT CONTROL MONUMENT
xx PARCEL NUMBER
O FND PROPERTY CORNER AS NOTED
POWER POLE
PROPOSED ROW LINE
EXISTING ROW LINE PARENT TRACT
PROPERTY LINE
— — SURVEY LINE N.T.S.
CONCORD ROAD
COUNTY LINE
CALLED 0 5J57 ACRES Z 3
TRACT NO. 2
THE TUCKER FAMILY
LWTED PARTNERSHIP CALLED 4.413 ACRES
SEPTEWBER 3, 1993 KEWY JAMES WILSON P.O.B.
FC NO. 105-03-0899 NOVEMBER 13, 1995 PARCEL 35
OPRJC CF NO. 9533459 g
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F. BICNER SURVEY P.0.0 PARCEL 3
A98TBACT NO. 1 FND. 2" 1. PIPE
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
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ENGINEERS, SHOWING
ORS, AND PLANNERS PARCEL 35
CONCORD ROAD JEFFERSON COUNTY
P. 0. BOX 5492 3250 FASTEX FRWY.
BEAAUMONT. TEXAS 77728-5492 8FAU110NT, TEXAS 77703 SCALE 1" = 5 0` JUNE 2009
409-892-0421 (FAX) 409-892-1346
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C1 1190.00' 324.98' 323.97' N72'12'33"w 15"38'49"
C4 1243.24' 395.79' 394.12' S72'22'43"E 18'17'55" CONCORD ROAD JEFFERSON COUNTY
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PARCEL 35
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LINE BEARING DISTANCE
L1 N07'59'1 4"E 15.72 SCALE 1" = 50' JUNE 2009
SHEET 5 OF 5
June 2009
Parcel 42
Page 1 of 5
EXHIBIT_
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 42
Being a 0.1467 acre (6,392 square feet) of land, situated in the F. Bigner Survey,
Abstract No. 1, out of and part of that certain called 7.7982 acre tract of land from the
Amended Final Plat of Target Subdivision for Target Stores by plat dated June 11, 1981
and being recorded under Volume 14 Page 78 of the Map Records of Jefferson County,
Texas, said 0.1467 (6,392 square feet) acre of land being more particularly described
as follows;
COMMENCING at a 112 iron rod found for the South corner of the said 7.7982 acre
Target Stores tract, and being in the Northeasterly right-of-way line of U.S. Highway
69, 96, & 287;
THENCE, NORTH 46 037'08" EAST along the Northeast right-of-way line of U.S.
Highway 69, 96, & 287 for a distance of 49.82 feet to a fence post found for comer,
said point being the Southwest comer of that certain called 4.0 acre tract of land,
also being identified as Tract 4, herring been conveyed to the Tucker Family Limited
Partnership from Martha L. Tucker by deed dated September 3, 1993 and being
recorded under Film Code No. 105-03-0899 of the Real Ptoperty Records of
Jefferson County, Texas, save and except that certain called 1.753 acre tract of land
being described in said deed;
THENCE, NORTH 26°28'40" EAST, along the Southeast boundary line of the said
7.7982 acre Target Stores tract for a distance of 624.01 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 and the POINT OF BEGINNING of the
parcel herein described;
1) THENCE, NORTH 62°03'58" WEST, along the existing Southwest right-of-way line
of Concord Road for a distance of 613.15 feet to a "PK" nail set for comer in the
proposed Southwest right-of-way line of Concord Road, said point being in the most
Northerly Northwest line of the said 7.7982 acre Target Stores tract and being in the
most Northerly Southeast line of that certain called 11.8700 acre tract of land from
the Amended Final Plat of the Weingarten-Target for Eastex Venture by plat dated
September 2, 1982 and being recorded under Volume 14 Page 111 of the Map
Records of Jefferson County, Texas;
June 2009
Parcel 42
Page 2of5
EXHIBIT
2) THENCE, NORTH 27 057'48" EAST along the boundary line of the said 7.7982 acre
Target Stores tract and the said 11.8700 acre Eastex Venture tract for a distance of
10.37 feet to a "pk" nail found in asphalt for comer in the existing Southwest right-of-
way line of Concord Road, said corner being the most Northerly comer of the said
7.7982 acre Target Stores tract and being the most Northeasterly comer of the said
11.8700 acre Eastex Venture tract;
3) THENCE, SOUTH 62 004'38" EAST, along the existing Southeast right-of-way line of
Concord Road for a distance of 612.88 feet to a 5/8" iron rod found for comer, said
corner being the East comer of the said 7.7982 acre Target Stores tract and being
the North comer of that certain tract of land being out of and part of that certain
called 4.0 acre tract of land having been conveyed to the Martha Tucker from
Gordon R. Tucker by deed dated June 23, 1975 and being recorded under Volume
1884 Page 207 of the Deed Records of Jefferson County, Texas, the same being
that certain called 1.753 acre tract of land being described as a save and except
tract by deed being recorded under Film Code No. 105-03-0899 of the Real Property
Records of Jefferson County, Texas;
4) THENCE, SOUTH 26°31'07" WEST, along the boundary line between the said
7.7982 acre Target Stores tract and the said Martha Tucker tract for a distance of
10.49 feet to the POINT OF BEGINNING and containing 0.1467 acre (6,392 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 comers are truly shown just
as found at the time of the survey.
Surveyed February 2009 A
r
GIVEN UNDER MY HAND AND SEAL THIS THE 21S DAY OF JUNE 2009.
as%�• ,� .�.
'dV �kli•�:i.
Mark W. Whiteley, RPLS #3636 �: =•.��, :'z{�:,c �L".:o
LEGEND
■ SET 5/8' I. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT'
0 TXDOT CONTROL MONUMENT
Q PARCEL NUMBER '
PARENT TRACT
O FND PROPERTY CORNER AS NOTED
POWER POLE N.T.S.
PROPOSED ROW LINE
EXISTING ROW LINE CONCORD ROAD
PROPERTY LINE
SURVEY LINE 4 POB
COUNTY LINE PARCEL 42
CALLED 47982 ACRES
TARGET SUBDIVISION
JUNE 11, 1981
CALLED 11.8700 ACRES VOL 14 PG. 78
WEMIGARTEN—TARGET
SEPT BER 2,1982
VOL. 14 PG. 111
MRJC
R. BIGNER SURVEY
ABSTRACT N0. t
�FPOF PARCEL 42
1/2" 1. ROD
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.
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TING ENGINEERS, SHOWING
ORS, AND PLANNERS PARCEL 42
® CONCORD ROAD JEFFERSON COUNTY
P.BEAUMONT,°'TEXAS 77726-5492 BEAUMON� TC1cAFS M03 SCALE 1" = 50' JUNE 2009
400-892-0421 (P'AX) 409-892-1348
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SCALE 1 " = 50' JUNE 2009
SHEET 4 OF 5
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SEPTEMBER 2, 1982 --'
VOL. 14 PG. 111 =
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LINE BEARING DISTANCE PARCEL 42
L1 N27'57'48"E 10.37' CONCORD ROAD JEFFERSON COUNTY
SCALE 1" = 50' JUNE 2009
SHEET 5 OF 5
June 2009
Parcel 47
Page 1 of 6
EXHIBIT
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 47
Being a 0.2385 acre (10,390 square feet) of land, situated in the F. Bigner Survey,
Abstract No. 1, out of and part of that certain called 11.8700 acre tract of land from the
Amended Final Plat of the Weingarten-Target for Eastex Venture by plat dated
September 2, 1982 and being recorded under Volume 14 Page 111 of the Map Records
of Jefferson County, Texas, said 0.2385 (10,390 square feet) acre of land being more
particularly described as follows;
COMMENCING at a iron rod with cap stamped "Carter" found for a Southwesterly
comer of the said 11.8700 acre Eastex Venture tract, and being in the Northeasterly
right-of-way line of U.S. Highway 69, 96, & 287, and also being in the East right-of-
way line of Dowlen Road;
THENCE, NORTH 01°45'39"WEST along the East right-of-way line of Dowlen Road
for a distance of 191.51 feet to a 5/8" iron rod found for comer, said comer also
being the beginning of a curve tuming to the right having a radius of 565.50 feet and
being subtended by a chord bearing NORTH 18 005'18" EAST having a chord length
of 382.34 feet;
THENCE NORTHEASTERLY, along and with said curve for an arc length of 390.02
feet to a 5/8" iron rod found for comer,
THENCE, NORTH 37°46'51" EAST, along the Southeast right-of-way line of Dowlen
Road for a distance of 41.47 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 and the POINT OF BEGINNING of the parcel herein .
described;
1) THENCE, NORTH 37 046'51" EAST, continuing along the Southeast right-of-way line
of Dowlen Road for a distance of 58.79 feet to a 5/8" iron rod found for comer,
2) THENCE, NORTH 82°29'30" EAST along the existing Southeast right-of-way of
Dowlen Road for a distance of 35.51 feet to a 5/8" iron rod found for comer in the
existing Southwest right-of-way line of Concord Road;
3) THENCE, SOUTH 52°51'23" EAST, continuing along the existing Southeast right-of-
way line of Concord Road for a distance of 17.62 feet to a 5/8" iron rod found for
comer;
June 2009
Parcel 47
Page 2of6
4) THENCE, SOUTH 62°02'26" EAST, continuing along the existing Southeast right-of-
way line of Concord Road for a distance of 639.13 feet to a"pk" nail found in asphalt
for comer, said comer being the East comer of the said 11.8700 acre Eastex
Venture tract and said comer being the North comer of that certain called 7.7982
acre tract of land from the Amended Final Plat of Target Subdivision for Target
Stores by plat dated June 11, 1981 and being recorded under Volume 14 Page 78 of
the Map Records of Jefferson County, Texas;
5) THENCE, SOUTH 27-57'48" WEST, along the boundary line between the said
11.8700 acre Eastex Venture tract and the said 7.7982 acre Target Stores tract for a
distance of 10.37 feet to a "PW nail set for comer in the proposed Southwest right-
of-way line of Concord Road;
6) THENCE, NORTH 62°03'58" WEST, along the proposed Southwest right-of-way line
of Concord Road for a distance of 353.27 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;
7) THENCE, NORTH 68°54'32"WEST, continuing along the proposed Southwest right-
of-way line of Concord Road for a distance of 50.36 feet to a "Punch Mark" set in
concrete for comer in the proposed Southwest right-of-way line of Concord Road;
8) THENCE, NORTH 62°03'58"WEST, continuing along the proposed Southwest right-
of-way line of Concord Road for a distance of 136.22 feet to a "PK" nail set for
comer in the proposed Southwest right-of-way line of Concord Road, said comer
also being the beginning of a curve turning to the right having a radius of 2446.00
feet and being subtended by a chord bearing NORTH 61°00'23" WEST having a
chord length of 90.47 feet;
9) THENCE NORTHWESTERLY, along and with said curve for an arc length of 90.48
feet to a "PK" nail set for comer in the proposed Southwest right-of-way line of
Concord Road;
10)THENCE, SOUTH 75 003'12" WEST, continuing along the proposed Southwest right-
of-way line of Concord Road for a distance of 89.26 feet to the POINT OF
BEGINNING and containing 0.2385 acre (10,390 square feet) of land.
June 2009
Parcel 47
Page 3of6
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 comers are truly shown just
as found at the time of the survey.
Surveyed February 2009
rd�
GIVEN UNDER MY HAND AND SEAL THIS THE t5 DAY OF JUNE 2009.
OF
r �S r�a'• y
�JWHITELEY
pN N.NWiNNMNw.N%:HH
Mark W. Whiteley, RPLS#3636 `r 3636
9�G••�S U�J�
LEGEND
■ SET 5/8' 1. R, WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT'
TXDOT CONTROL MONUMENT
0 PARCEL NUMBER
0 FND PROPERTY CORNER AS NOTED
0 POWER POLE PARENT TRACT
PROPOSED ROW LINE N.T.S.
EXISTING ROW LINE
PROPERTY LINE CONCORD ROAD
-- — SURVEY LINE
COUNTY LINE 4
IARGET 7SUBDIVISP1
JUNE 11, 1981
P.O.S. VOL. 14 PG. 78
PARCEL 47 AlRJC
CALLED 11.8700 ACRES
CO3 WEINGARTEN—TARGET
SEPTEAM Z 1982
VOL. 14 PC 111
MRJC
P.O.0 PARCEL 47 F, SURVEY
FND 1. 60p W\CAP ABST9ACS NO. 1
STAMPED CARTER
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.
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SUS 0.2365/(10390)
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TINO ENGINEERS, SHOWING
ORS, AND PLAWNERS PARCEL 47
CONCORD ROAD JEFFERSON COUNTY
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•'-'-I 051 197+86.22 co i bo -
1� 198+75.00 �- V z z
5 1 46.00LT 196+00.00 L,
z i 46.00LT 196+50.00 40.00LT =
BUILDING 46.00LT I W
<[ ,w P.O.B. PAR. 47 w
4 47 o v
199+35.36 FF I I o
109.91LT
w
CALLED 11.8700 ACRES z
___1 WEINGARTEN-TARGET SUBDIVISION
SEPTEMBER 2, 1982 = z_
VOL. 14 PG. 111
O MRJC o
aM
0 v
t
a
0
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v v u
PARCEL PLAT
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P.O.C. PAR. 47 PARCEL 47
WNCAP STAMPED 'CARTER' unrE sEaRirJC DrsranrCE CONCORD ROAD JEFFERSON COUNTY
L 1 S52'51 23 E 17.62'
SCALE 1 " = 50' JUNE 2009
SHEET 5 OF 6
ra'
194+00 N62'03'58"W 1326.64'
P N I
CONCORD ROAD „ FND PK NAIL -
S62'02'26 E 639.13' EXISTING RIGHT OF WAY
N6703'58"W 353.27' 1 SET "PK" PROPOSED BASELINE
NAIL
192+46.73
47 40.00LT
42
F-
W
W
2
w CALLED 7.7982 ACRES
c TARGET SUBDIVISION
I JUNE 11, 1981
W CALLED 11.8700 ACRES VOL. MRJCG. 78
Z WEINGARTEN-TARGET SUBDIVISION
SEPTEMBER -2, 1982
= VOL. 14 PG. 111
C) MRJC
Q
$�G1yE�� Zso• 1 PARCEL PLAT
s� SHOWING
�$ PARCEL 47
LINE BEARING DISTANCE CONCORD ROAD JEFFERSON COUNTY
L2 S27'57'48"W 10.37'
. SCALE 1" = 50' JUNE 2009
SHEET 6 OF 6