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Home My WebLink AboutRES 11-205 RESOLUTION NO. 11-205 WHEREAS, the City Council of the City of Beaumont deems it necessary that the property 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 property: 0.0259 acre out of Lot 27, Block 3, French Heights Addition Address: 5170 Concord (Parcel 13) Owner: Paula K. Doyle Appraised Value: $4,995.00 and, WHEREAS, the City Council deems it necessary to acquire the hereinafter described interests in and to the above described propertyforthe 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 authorized representatives, has negotiated in good faith with the owner or 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 parcel 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 described and 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 26th day of July, 2011. ()Mayor Becky Ames - 1 April 2009 Parcel 13 Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 13 Being a 0.0259 acre (1,130 square feet) of land, situated in the A. Williams League, Abstract No. 385, and being out of and part of Lot 27, Block 3 of the French Heights Subdivision recorded in Volume 6, Page 61 of the Map Records of Jefferson County, Texas, also being out of and part that certain tract of land having been conveyed to Donald I. Nelson and Paula K. Doyle from Theda M. Simmons by deed dated February 26, 1997 recorded under Clerk's File No. 9705170 of the Real Property Records of Jefferson County, Texas, said 0.0259 acre (1,130 square feet) of land being more particularly described as follows; COMMENCING at a 5/8" iron rod found for the North corner of that certain called 0.919 acre tract of land having been conveyed to Ann Marie Medina from Michael Wirfs and Susan Wirfs by deed dated February 8, 2007 recorded under Clerk's File No. 2007005515 of the Real Property Records of Jefferson County, Texas; THENCE, SOUTH 35°37'12" WEST along the Northwesterly line of the said 0.919 acre Medina tract and the Southeasterly line of that certain tract of land having been conveyed to Mike Taweel and wife, Eula Lee Taweel from L. O. Roedahl by deed dated January 18, 1954 recorded under Volume 921 page 513 of the Deed Records of Jefferson County, Texas for a distance of 190.54 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeasterly right-of-way line of Concord Road; THENCE, SOUTH 54 030'26" EAST, along the proposed Northeasterly right-of-way line of Concord Road for a distance of 200.42 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeasterly right-of-way line of Concord Road, said point being in the Southeasterly line of the said 0.919 acre Medina tract and in the Northwesterly line of that certain tract of land having been conveyed to Luther Gary Simmons and Elizabeth Louise Simmons from Theda M. Simmons by deed dated July 28, 2006 recorded under Clerk's File No. 2006029217 of the Real Property Records of Jefferson County, Texas; THENCE, SOUTH 54°30'26" EAST, continuing along the proposed Northeasterly right-of-way line of Concord Road for a distance of 86.22 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeasterly right-of-way line of Concord Road, and the POINT OF BEGINNING of the parcel herein described, said point being in the Southeasterly line of the said Simmons tract and in the Northwesterly line of the said Nelson.et al tract; EXHIBIT "A" April 2009 Parcel 13 Page 2 of 4 EXHIBIT 1} THENCE, SOUTH 54°30'26" EAST continuing along the proposed Northeasterly right-of-way line of Concord Road for a distance of 113.91 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeasterly right-of-way line of Concorde Road, said point being in the Southeast line of the said Nelson et al tract and in the Northwest line of that certain tract of land being identified as Tract One having been conveyed to L H & P Ltd. from Theco Ltd. by deed dated March 19, 2003 recorded under Clerk's File No. 2003010133 of the Real Property Records of Jefferson County, Texas; 2) THENCE, SOUTH 35°31'05" WEST, along Southeast line of the said Nelson et al tract and the Northwest line of said L H & P tract for a distance of 9.86 feet to a point for corner in the existing Northeast right-of-way line of Concord Road, said point being the most Southerly comer of the said Nelson et al tract and the most Westerly corner of the said L H & P tract, and from said point a 1/2" iron pipe found bears NORTH 35 031'05" EAST a distance of 0.34 feet; 3) THENCE, NORTH 54 033'44" WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 113.90 feet to a point for corner, said point being the most Westerly comer of the said Nelson et al tract and said point being the most Southerly corner of the said Simmons tract, and from said point a 1/2" iron rod found in concrete bears NORTH 35°29'48" EAST a distance of 0.46 feet; 4) THENCE, NORTH 35°29'48" EAST, along the Southeasterly line of the said Simmons tract and along the Northwest line of the said Nelson et al tract for a distance of 9.97 feet to the POINT OF BEGINNING and containing 0.0259 acre (1,130 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 j GIVEN UNDER MY HAND AND SEAL THIS THE'I DAY OF APRIL 2009. �8) . Mark W. Whiteley, RPLS #3636 ��'` "' a,:•. "� LEGEND ■ SET 5/8' C. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTROL MONUMENT xx PARCEL NUMBER O FND PROPERTY CORNER AS NOTED A. WILUAMS SURVEY POWER POLE ABSTRACT NO. 385 PROPOSED ROW LINE — �- EXISTING ROW LINE PROPERTY LINE SURVEY LINE COUNTY LINE P.O.C. PAR 13 FND 518"1. ROD e`4 iH&PLTO. 94RCH 19, 2003 �1 CF NO. 2003010133 CALLED 0.919 ACRES OPRJC y'� ANN IMIE 1IfE M FfBkIiARY 8, 2007 v DONALD 1. NELSON, el of CF NO. 2007005515 FEBRUARI'26, 1997 OPRJC CF NO. 9705170 OPRJC P.O.8. PAR 13 t3 CONCORD ROAD 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 " ACCOMPANIES THIS PARCEL PLAT OF am EXISTING TAKING REMAINING ACRES ACRES S.F ACRES 0. 6804 0,0259/(1130)PARCEL 13, 0. 6545 +CRONSULTING. WHCfELEY D ASSOCIATES INCORPORATED PARCEL PLAT ENGINEERS, SHOWING ORS, AND PLANNERS PARCEL 13 CONCORD ROAD JEFFERSON COUNTY P. 0. SOX 5492 3250 EASTEX PRWY. SEAUMON0 92- 28-5492 S(F X)N 4 3 703 49 60421 00-802 10 SCALE 1 " = 50' APRIL 2009 SHEET 3 OF 4 (114.00') S54'30'1 2"E 114.00' I P.O.C. PAR. 13 � FND 5/8" A�S� I. ROD DONALD 1. NELSON, et al FEBRUARY 26, 1997 CF NO. 9705170 OPRJC � c\l o LUTHUR GARY SIMMONS, et ux o CD .r CALLED 0.919 ACRES JULY 28, 2006 co o � -" J ANN MARIE MEDINA CF NO. 2006029217 i FEBRUARY 8, 2007 OPRJC N N CF N0. 2007005515 zo OPRJC z e � M LH & PLTD. U' MARCH 19, 2003 j j 14 I 13 I CF NO. 2003010133 P.O.B. PAR. 13 f Q OPRJC 1 161+23.90 160+10,03 11 3 40.00RT L40.00RIT U S54!30'26"E 200.42' S54'30'26" 6.22' S54'30'26"E 113.911 _--``~ ~ Pf�OPOSED RIGHT OF WAY —EXISTING RIGHT OF WAY- ------- I ��—N54'33'44"W 113'90 FND 1 2 I. ROD IN CONC 114.00' k �__.` N54`30'26"W 1552.99'— ) FND 1/2 ►. PIi�E BEARS BEAR N35'29'48"E 0.46'161 +00 N35'31'05"F 0.34' — ----PROPOSED BASELINE —UAD PARCEL PLAT F7F � SHOWING VNE BEARING DISTANCE PARCEL 13 L1 j S35'31'05"W 9.86' CONCORD ROAD JEFFERSON COUNTY L2 N35'29'48 E 9.97' SCALE 1" = 50' APRIL 2009 SHEET 4 OF 4