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Home My WebLink AboutRES 11-183 RESOLUTION NO. 11-183 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 #4: 0.0429 acres out of A. Williams Survey, Abstract No. 385 (3930 East Lucas Drive) Value: $23,100.00 Owner: HEB Grocery Company, LP 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 28th day of June, 2011. - ayor Becky Ames - June 2011 Parcel 4 Page 1 of 5 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 4 Being a 0.0429 acre (1,867 square feet) of land, situated in the A. Williams League, Abstract No. 385, and being out of and part of that certain called 1.9205 acre tract of land having been conveyed to H. E. Butt Grocery Company from Sharon Kay Giblin (Johnson) Childress, Debra Lane Giblin (Chance) Lafayette, Keith Fredrick Giblin and Tina Ann Giblin Jordan by deed dated March 7, 1991 recorded under Film Code No. 103-56-1301 of the Real Property Records of Jefferson County, Texas, and being out of and part of that certain called 0.2064 acre tract of land having been conveyed to H. E. Butt Grocery Company from Keith F. Giblin by deed dated March 7, 1991 recorded under Film Code No. 103-56-1309 of the Real Property Records of Jefferson County, Texas, said 0.0429 acre (1,867 square feet) of land being more particularly described as follows; COMMENCING at a 1/2" iron pipe found for the most Northerly comer of the said 1.9205 acre H. E. Butt Grocery Company tract; THENCE, SOUTH 35°32'27" WEST along the Northwesterly line of the said 1.9205 acre H. E. Butt Grocery Company tract and along the Southeasterly line of the that certain tract of land having been conveyed to Hein Nguyen and Lac Nguyen from Family Services of Southeast Texas, Inc. by deed dated April 30, 2002 recorded under Clerk's File No. 2002015793 of the Real Property Records of Jefferson County, Texas for a distance of 604.99 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Northeasterly right-of- way line of Concord Road, and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, SOUTH 50°37'11" EAST, along the proposed Northeast right-of-way line of Concord Road for a distance of 90.12 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Northeasterly right-of-way line of Concord Road, said corner being in the most Southerly Southeast line of the said 1.9205 acre H. E. Butt Grocery Company tract and said comer also being in the Northwest line of the said 0.2064 acre H. E. Butt Grocery Company tract; EXHIBIT "A" June 2011 Parcel 4 Page 2 of 5 EXHIBIT 2) THENCE, SOUTH 50 009'45" EAST, along the proposed Northeast right-of-way line of Concord Road for a distance of 59.87 feet to a punch mark set in concrete for comer in the Southeasterly line of the said 0.2064 acre H. E. Butt Grocery Company tract and said point being in the Northwesterly line of that certain called 1.3694 acre tract of land having been conveyed to 3990 ELD, LLC from Lucas Development, Inc. by deed dated August 5, 2004 recorded under Clerk's File No. 2004030574 of the Real Property Records of Jefferson County, Texas; 3) THENCE, SOUTH 35-37'19" WEST, along the Southeasterly line of the said 0.2064 acre H. E. Butt Grocery Company tract and along the Northwest line of the said 1.3694 acre 3990 ELD, LLC tract passing a distance of 5.00 feet to a punch mark found in concrete and continuing for a total distance of 11.31 feet to a point for comer in the existing Northeasterly right-of-way line of Concord Road, said point also being the most Southerly comer of the said 0.2064 acre H. E. Butt Grocery Company tract and also the most Westerly comer of the said 1.3694 acre 3990 ELD, LLC tract, said comer also being the beginning of a curve turning to the right having a radius of 2834.79 feet and being subtended by a chord bearing NORTH 51 021'33" WEST having a chord length of 73.91 feet; 4) THENCE, NORTHWESTERLY, along said curve for an arc length of 73.91 feet to a point for comer in the existing Northeasterly right-of-way line of Concord Road; 5) THENCE, NORTH 50 03559" WEST, along the existing Northeast right-of-way of Concord Road for a distance of 76.22 feet to a point for comer, said comer being the most Westerly comer of the said 1.9205 acre H. E. Butt Grocery Company tract and also being the most Southerly comer of the said Nguyen tract, and from said point a 1" iron pipe found bears NORTH 35°32'27" EAST a distance of 2.22 feet; 6) THENCE, NORTH 35°32'27" EAST, along the Southeasterly line of the said Nguyen tract and also along the Northwesterly line of the said 1.9205 acre H. E. Butt Grocery Company tract for a distance of 12.71 feet to the POINT OF BEGINNING and containing 0.0429 acre (1,867 square feet)of land. June 2011 Parcel 4 Page 3 of 5 EXHIBIT— A parcel plat of even date accompanies this property description. I, Thomas S. Rowe, Registered Professional Land Surveyor No. 5728, 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 THEVe46AY OF JUNE 2011. •o a�p Thomas S. Rowe, RPLS #5728 9ti4,1ESSNO SUR LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' 0 TXDOT CONTROL MONUMENT O PARCEL NUMBER P.O.C. PAR 4 0 FND PROPERTY CORNER AS NOTED FND 112'1. PIPE POWER POLE PROPOSED ROW LINE EXISTING ROW LINE Q3313ACRE 991 PROPERTY LINE FC N0. X?-1320 SURVEY LINE COUNTY LINE CALLED QL,VJ ACRE r N.E 6UTT ti A. WILLIAIIS Stsm .. FC NR j�;56-1315 ABSTRACT ILO. 385 1 o; ^ CCO O.J956 ACRE HL par P. yl FC NO. 1Q3-56-1315 u; OPRJC x CAUEO 1.3W ACRES lic HO NaI0, of um ir A 2 P 30 002 CF NQ "74 CF NO 2002015793 wu OPRlC CAttEI? 0.2084 ACRE H.E BUTT FC �f03; 1-1309 P.0.8. PAR 4 4 wu CONCORD Raab PARENT TRACT BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES N.T.S. IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRIJeARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. OF �Q 00 THOMAS S.BMW EXISTING TAKING REMAINING 5728o�r• O� ACRES ACRES S.F. ACRES •SUa 3. 2358 0.0429 /(1867) 3. 1929 MARK W. WHITELEY AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 4 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EAS[EX FRWY. BEAUMONT. TEXAS 77726-5492 BEAUMONT. TEXAS 77703 SCALE l" = 50' MAY 2009 409-892-0421 (FAX) 409-B92-1348 SHEET 4 OF 5 EXHIBIT "B" Q.• g�X0�lp �Cj P.O.C. PAR. 4 AB5 FND 1/2" I. PIPPE CALLED 1.9205 ACRES H.E. BUTT GROCERY COMPANY APRIL 30, 2002 rn CF NO. 2002015793 4 OPRJC HIEN NGUYEN, et ux APRIL 30, 2002 W CF NO. 2002015793 OPRJC clq CALLED 1.3694 ACRES 3990 ELD, LLC o�=°o AUGUST 5, 2004 o �o CF NO.2 0040030574 �GZ �m U O m 152+62.52 P.O.B. PAR. 4 151+11.91 x w PROPOSED RIGHT OF WAY 0.00RT lO 151+72.18 8.82RT 4 39.92R T EXI; q:l7(:.;: :,.,t f<, +11'E 151+11-66 TJNG''` GH1:=OF :yy SO'37' 90. AY'°' Zi S50•p -� 945" 33.8 3 R T £59.87' P R S FND 1 PIP:-* B EA I. N35'32'2 7'E 2. 0'35 59 W 76.22' — 1 N50'39' PROPOSED�BASELINE �` + 28"w 180.80' 151.00 CON��ORD ROAD i o PI STA.=150+01.95 LINE BEARING DISTANCE � 0=03 57 46 L1 S35'37 19"W 6.31 R=5800.0000' PARCEL PLAT L2 N35'32 27 E 12.71 Q T=200.6532' SHOWING L3 S35-37'19"W 5.00 A=401.1465' PARCEL 4 Ch=401.0666' D=00°59'16' CONCORD ROAD JEFFERSON COUNTY CURVE IRADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE I SCALE 1" = 50' JUNE 2011 C1 2834.79 73.91 73.91 N51'21 33 W 11'29'38 SHEET 5 OF 5 Recorded Electronically I ' ID �pw,ry r5 a N Dace / Time . Slmpllfl e.com 800.460.6857 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 PRESIENTS: COUNTY OF JEFFERSON X �3eo3 9 SPECIAL WARRAN"' DEED That, HEB GROCERY COMPANY, L P, a Texas limited partnership; successor :in interest to H. E. Butt Grocery Company, a Texas Corporation, hereinafter called GRANTOR for and in consideration of the sum of TWENTY-THREE THOUSAND ONE HUNDERED AND NO 1100 ($23,100.00) 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(the "Property"). GRANTOR does hereby except and reserve from this conveyance unto its�:lf, its successors and assigns, forever, all of the oil, gas, and sulphur owned by Grantor 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, affectiing 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 its 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 U. 2011. HEB GROCERY COMPANY, L P a Texas limite*p ;ers1h"ip' successor in interest to H. E. Butt m n Texas Corporation By. Name: Todd A. Piland, Executive Vice President STATE OF TEXAS ) COUNTY OF The foregoing instrument was acknowledged before me this o[ day of 4- 2011 by Todd A. Piland, as Executive Vice President of HEB GROCERY COMPA Y, Lf7a Texas limited partnership; successor in interest to H. E. Butt Grocery Company, a Texas Corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act on behalf of said HEB GROCERY COMPANY, L P that he executed the same for the purpose and consideration expressed and in the capacity stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this act"—day of k- 2011. Notary Public RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 DEBRA 1 SAID 0 A Notary Public,State of Texas My Commission Expires Match 12, 201' June 2011 Parcel 4 Page 1 of 5 EXHIBIT A County. Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 4 Being a 0.0429 acre (1,867 square feet) of land, situated in the A. Williams League, Abstract No. 385, and being out of and part of that certain called 1.9205 acre tract of land having been conveyed to H. E. Butt Grocery. Company from Sharon Kay Giblin (Johnson) Childress, Debra Lane Giblin (Chancre) Lafayette, Keith Fredrick Giblin and Tina Ann Giblin Jordan by deed dated March 7, 1991 recorded under Film Code No. 103-56-1301 of the Real.Fropwty Records of Jefferson County, Texas, and being out of and part of that certain called 0.2064 acre tract of land having been conveyed to H. E. Butt Grocery Company from Keith F. Giblin by deed dated March 7, 1991 recorded under Film Code No. 103-56-1309 of the Real Property Records of Jefferson County, Texas, said 0.0429 acre (1,867 square feet) of land being more particularly described as follows; COMMENCING at a 1/2" iron pipe found for the most Northerly comer of the said 1.9205 acre H. E. Butt Grocery Company tract; THENCE, SOUTH 35°32'27" WEST along the Northwesterly line of the said 1.9205 acre H. E. Butt Grocery Company tract and along the Southeasterly line of the that certain tract of land having been conveyed to Hein Nguyen and Lac Nguyen from Family Services of Southeast Texas, Inc. by deed dated April 30,. 2002 recorded under Clerk's File No. 2002015793 of the Real Property Records of Jefferson County, Texas for a distance of 604.99 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Northeasterly right-of- way line of Concord Road, and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, SOUTH 50°37'11" FAST, along the proposed Northeast right-of-way line of Concord Road for a distance of 90.12 feet to a 5/8" Iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Northeasterly right-of-way line of Concord Road, said comer being in the most Southerly Southeast line of the said 1.9205 acre H. E. Butt Grocery Company tract and said comer also being in the Northwest line of the said 0.2064 acre H. E. Butt Grocery Company tract; i June 2011 Parcel 4 Page 2 of 5 EXHIBIT 2) .THENCE, SOUTH 50 009'45" EAST, along the proposed Northeast right-of-way line of Concord Road for a distance of 59.87 feet to a punch mark set in concrete for comer in the Southeasterly line of the said 0.2064 acre H. E. Butt Grocery Company tract and said point being in the Northwesterly line of that certain called 1.3694 acre tract of land having been conveyed to 3990 ELD, LLC from Lucas Development, Inc. by deed dated August 5, 2004 recorded under Clerk's File No. 2004030574 of the Real Property Records of Jefferson County, Texas; 3) THENCE, SOUTH 35 037'19" WEST, along the Southeasterly line of the said 0.2064 acre H. E. Butt Grocery Company tract and along the Northwest line of the said 1.3694 acre 3990 ELD, LLC tract passing a distance of 5.00 feet to a punch mark found in concrete and continuing for a total distance of 11.31 feet to a point for comer in the existing Northeasterly right-of-way line of Concord Road, said point also being the most Southerly comer of the said 0.2064 acre H. E. Butt Grocery Company tract and also the most Westerly comer of the said 1.3694 acre 3990 ELD, LLC tract, said comer also being the beginning of a curve turning to the right having a radius of 2834.79 feet and being subtended by a chord bearing NORTH 51 021'33" WEST having a chord length of 73.91 feet; 4) THENCE, NORTHWESTERLY, along said curve for an arc length of 73.91 feet to a point for comer In the existing Northeasterly right-of-way line of Concord Road; 5) THENCE, NORTH 50°35'59" WEST, along the exlsting Northeast right-of-way of Concord Road for a distance of 76.22 feet to a point for comer, said comer being the most Westerly comer of the said 1.9205 acre H. E. Butt Grocery Company tract and also being the most Southerly corner of the said Nguyen tract, and from said point a 1" iron pipe found bears NORTH 35 032'27" EAST a distance of 2.22 feet; 6) THENCE, NORTH 35°32'27" EAST, along the Southeasterly line.of the said Nguyen tract and also along the Northwesterly line of the said 1.9205 acre H. E. Butt Grocery Company tract for a distance of 12.71 feet to the POINT OF BEGINNING and containing 0.0429 acre(1,867 square feet)of land. June 2011 Parcel 4 Page 3 of 5 EXHIBIT A parcel plat of even date accompanies this property description. I, Thomas S. Rowe, Registered Professional Land Surveyor No. 5728, 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 W HAND AND SEAL THIS THE"!A DAY OF JUNE 2011. P� nTtg Thomas S. Rowe, RPLS#5728 '1, 01*180o� d SUa �1 f •� . FILED AND RECORDED OFFICIAL PUBLIC RECORDS Nn, 2011 Aug 512:10 PM Fee: $ 32.00 201106716 CAROLYN L. GUIDRY COUNTY CLERK JEFFERSON COUNTY TEXAS *Electronically Recorded*