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Home My WebLink AboutRES 11-345 RESOLUTION NO. 11-345 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: 0.0259 acre out of Lot 27, Block 3, French Heights Addition Address: 5170 Concord Parcel No.: #13 Appraised Value: $4,995.00 Owner: Paula K. Doyle 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 0.2385 acre situated in F. Bigner Survey, Abstract No. 1 Address: 5852-5896 Eastex Freeway Parcel No.: #47 Appraised Value: $123,100.00 Owner: Eastex Ventures#6050 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 uses and that it is necessary to acquire same for said uses by the use of the power of Eminent Domain; and, WHEREAS, the City of Beaumont, through its duly authorized 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 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 for the public use of locating, constructing, widening and maintaining Concord Road, a street in Beaumont, Jefferson County, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of December, 2011. �� 6payor Becky Ames - April 2009 Parcel 13 Page t 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 1. 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 describbd as follows; COMMENCING at a 518" 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°3712" 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 comer in the proposed Northeasterly right-of-way line of Concord Road; THENCE, SOUTH 54°30'26" EAST, along the proposed Northeasterly right-of-way line of Concord Road for a distance of 200A2 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 518„ 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, 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 comer in the proposed Northeasterly (ght-of-way line of Concord-Road, said point being in the Southeast line of the said Nelson et at 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 Theca Ltd. by deed dated March 19, 2003 recorded under Cleric'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 at 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 at tract and the most Westerly comer of the said L H & P tract, and from said point a 112' iron pipe found bears NORTH 35 031'05" EAST a distance of 0.34 feet; 3) THENCE, NORTH 54°33'44"WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 113.90 feet to a point for comer, said point being the most Westerly comer of the said Nelson et at tract and said point being the most Southerly comer of the said Simmons tract, and from said point a 112" iron rod found in concrete bears NORTH 35 029'48" EAST a distance of 0.46 feet; 4) THENCE, NORTH 35 029'48" EAST, along the Southeasterly line of the said Simmons tract and along the Northwest line of the said Nelson et at 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 y� GIVEN UNDER MY HAND AND SEAL THIS THEq� DAY OF APRIL 2009. (t Or••� (1k Aii A."..,-�. .... ES_I:l Mark W. Whiteley, RPLS #3636 '' ' aka. �. IJ,:1��':•� LEGEND ® SET 5/B' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' zs TXDOT CONTROL MONUMENT O PARCEL NUMBER 0 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 ad FND 518'L ROD L H A•P LID. U410 19, 2003 cF 140. 2003010133 OPRJC CALLED 0.919 ACRES AHH AWE AIEW FEBRUARY 8. 2007 DN4LD I. NELSK et al CF NO. 2007005515 FEWUW 26. 1997' OPRJC CF Na 97o5r70 ware P.08 PAR 1J i3 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 DESCRIPTON OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. � OF co a a b ........ TAKING EXISTING REMAINING - s, �,� ACRES ACRES S.F.) ACRES PARCEL , 0. 6804 0,0259/(113130) 0. 6545 +MARK . WHITELEY D ASSOCIATES INCORPORATED PARCEL PLAT TING ENGINEERS, SHOWING ORS, AND PLANNERS PARCEL 13 CONCORD ROAD JEFFERSON COUNTY STEX P. BOX 5492 3250 BEAUMONT,OTEXAS 77726-5492 BEAUMONTT.. TEXASR77703 SCALE 1 " = 50' APRIL 2009 409-092-0421 (FAX) 409-892-1948 SHEET 3 OF 4 (114.00') S54'30'1 2"E 114-00' ID � �gC �' P.O.C. PAR. 13 �•$5�� FND 5/8" I. ROD DONALD I. NELSON, et al FEBRUARY 26, 1997 CF NO. 9705170 OPRJC N .:) Lq LUTHUR GARY SIMMONS. et ux uj o °o rn CALLED 0.919 ACRES JULY 28 2006 1.0 o ANN MARIE MEDINA CF NO. 2066029217 d- � v° FEBRUARY 8, 2007 °' v OPRJC CF NO. 2007005515 L OPRJC z i� L H & P LTD. MARCH 19, 2003 t CF NO. 2003010133 P.O.S. PAR. 13 OPRJC 17 i61+23.90 160+10.03 11 40.00RT 40.00RT S54'30'26"E 200.42' S5?M'26"E'-$6.22' S54'30'26"E 113.91 j PROPOSED RIGHT OF WAY _ -EXISTING RIGHT OF WAY t T12 TOD �INCONC N54.33'44"W 113.90'N54'30'96"W 1552.99' FND ] H _ (114.00') FND ] 2 . PI E BEARS BEARS N35'29 48 E 0.46 161 +00 N35'3 1"05"E 0.34' ------- PROPOSED BASELINE PARCEL PLAT �-- C O N C O R D ROAD SHOWING LINE BEARING DISTANCE PARCEL 13 L 1 535'31'05 V 9.86' CONCORD ROAD JEFFERSON COUNTY L2 N35`29'4$E 9.97' SCALE 1" = 50' APRIL 2009 SHEET 4 OF 4 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 Cleric'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 comer 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 corner 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 tuming 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 comer in the proposed Southwest right-of-way line of Concord Road, 2) THENCE, NORTH 80°01'58" 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 comer also being the beginning of a curve tuming to the right having a radius of 1050.00 feet and being subtended by a chord bearing NORTH 77 053'59" 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; 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 tuming to the left having a radius of 1175.92 feet and being subtended by a chord bearing SOUTH 78°42'23" EAST having a chord length of 114.57 feet; 5) THENCE SOUTHEASTERLY, along and with said curve for an are 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 comer, 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 12 024'04" 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. 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 CA GIVEN UNDER MY HAND AND SEAL THIS THE%) DAY OF JUNE 2009. r y0 F•,TF Mark W. Whiteley, RPLS#3636 ,:\.q?.......TILE =� '1fi36 er <',� 0 ou LEGEND ■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' 0 TXDOT CONTROL MONUMENT 0 PARCEL NUMBER 0 F"ND PROPERTY CORNER AS NOTED 0 POWER POLE PROPOSED ROW LINE EXISTING ROW LINE PARENT TRACT PROPERTY LINE -- — N.T.S. SURVEY LINE CONCORD ROAD COUNTY LINE CALLED 0.5357 ACRES 3 TRACT NO. 2 THE TUCKER FAMILY CALLED 1.413 ACRES LUTED PARTNERSHIP SEPTEMBER 3, 1993 KEVIN AWES WILSON P.O.B. FC NO. 105-03-0899 NOVEMI#R 13, 1995 PARCEL 35 OPRX CF NOOPR. 95M459 JC a; F. BIGNER SURVEY P.O.0 PARCEL 3 ABSTRACT NO. I FND. 2" 1. PIPE BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT, SURVEYED FEBRU4RY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT ' ' IT � .... • ••4 1•• EXISTING TAKING REMAINING Y�J i , ` o;..• � f ACRES ACRES S.F. ACRES SUp` 4. 413 PARCEL 35, 4, 2357 0. 1773/(7725) +MARK . WHITELEYD ASSOCIATES INCORPORATED PARCEL PLAT TING ENGINEERS, SHOWING ORS, AND PLANNERS PARCEL 35 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77728-54 92 BEAUMONT, TEXAS 77703 SCALE 1 = 50 JUNE 2009 409-892-0421 (FAX) 409-892-1348 SHEET 3 OF 5 `\ -V00__------�"PF20POSED BASELINE WAY - ISTING RIGHT OF 1` 1 PROPOSDD BASELINE 176+59.61 ; PI STAI=177+86.87 40.00LT 4�=19°37'57' 'R=1230.0000' ,2g,5�E 42!9 P.O.B. PAR. 35 T_212.$i69' 5� L=421.4611' Ch=419.4023' 1 D=04'39',29' 79+95.52 . 40.00LT 35 N o C`n -d- N Lo r CALLED 4.413 ACRES 2 F— KEVIN JAMES WILSON w CF NO. 4533459 r 0PRJC u, J w P . PAR. 5 U FND 2" J 1 I. PIPE lil z J U i- I LINE BEARING I DISTANCE L2 S12'24.04"W 8.66' PARCEL PLAT SHOWING CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE PARCEL 35 C1 1190.00' 324.98' 323.97' N72'12'33"W 15'38'49" c4 1243.24' 395.79' 394.12' s72.22'43"E 18.17'55" CONCORD ROAD JEFFERSON COUNTY SCALE 1" = 50' JUNE 2009 SHEET 4 OF 5 w 0 Q i tt ,n O in ooa z „ ''}y1 a2 pR p 5�,29 4135 W 3. w -5/8" f. ROD BEARS �� W m�; N ---fry dT59'14"W 6.51 /N$OQ cj G3 0 ao G RlGH1 OF WAY �� G2 Q z Xt5�1� x SEl.1NE 181+42.87 z \ pRpppSED gA� 40.00LT `r 182+18.07 �_ 39A 40.00LT h a CALLED 4.413 ACRES IO KEVIN JAMES WILSON t NOV 13 1995 w CF NO. §533459 cn = OPRJC z 1 - t t I lJ CALLED 0.5357 ACRES w TUCKER FAMILY Z SEPTEMBER 3, 1993 FC NO. 105-03-0899 OPRJC U N o rn o ui � ° r a U U PARCEL PLAT F. SCR SHOWING PARCEL 35 CONCORD ROAD JEFFERSON COUNTY LINE BEARING I DISTANCE N0S9'14"E 15.72 Lt 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 1/2 iron rod found for the South comer 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°37'08" 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, having 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 Property 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 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 62 003'58" 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 2 of 5 EXHIBIT_ 2) THENCE, NORTH 27 05748" 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 comer 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°04'38" EAST, along the existing Southeast right-of-way line of Concord Road for a distance of 612.88 feet to a 518" iron rod found for comer, said comer 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. 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 corners are truly shown just as found at the time of the survey. Surveyed February 2009 ` r GIVEN UNDER MY HAND AND SEAL THIS THEIL3 DAY OF JUNE 2009. Mark W. Whiteley, RPLS #3636 'NJ i LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED "CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTROL MONUMENT 0 PARCEL NUMBER O FND PROPERTY CORNER AS NOTED PARENT TRACT 0 POWER POLE N.T.S. PROPOSED ROW LINE EXISTING ROW LINE CONCORD ROAD PROPERTY LINE SURVEY LINE 4 P.O.B. COUNTY LINE PARCEL 42 ED CALLED 7.7982 ACRES TARGET SUBON 0) JUNE 11, 1981 Vm CALLED 11.8700 ACRES 14 PG 78 MRJC WEINWMV-TARGET SEPTEMBER 2,1982 VOL. 14 PG. 11I MRJC F. BIGNER SURVEY ABSTRACT NQ. 1 P�FND6 OC 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. OF { <•o ♦O � M.fPP• s Aeira+1.+�+ EXISTING TAKING REMAINING ACRES ACRES S.F. ACRES PARCEL 42, ...... r 7. 7982 0. 1467/(6392) 7, 6515 +W. WHITELEY D ASSOCIATES INCORPORATED PARCEL PLAT TWG ENGINEERS, SHOWING ORS, AND PLANNERS PARCEL 42 CONCORD ROAD JEFFERSON COUNTY P.BEAUMONT,°TEXAS M26-5492 BEAUMONT, �7M3 SCALE 1" = 50' JUNE 2009 409-892-0421 (FAIL) 409-992-1348 SHEET 3 OF 5 CONCORD ROAD N62'03'58"W 1326.64' 1$8+00 - ---_- �- PROPOSED BASELINE FND 5/8' EXISTING RIGHT OF WAY S62°0438 E 612.88 - I. ROD— PROPOSED BASELINE IN62°03'58'W M3.1�' 186+33.57 BUILDING 4O.00LT P.O.B. PAR. 42 W I lW I O N CALLED TARGET7SUBDIVISIONS 4 I JUNE 11. 1981 VOL. 14 PG. 78 w MRJC N z N J � U Q FND FENCE P.O.C. PAR. 42 POST URV�� FND 112' .� $IoE 1 S1y0 1 I. ROD o rt s PARCEL PLAT SHOWING PARCEL 42 LINE BEARING DISTANCE CONCORD ROAD JEFFERSON COUNTY L 1 S26-31'07"W 10.49' SCALE 1" = 50' JUNE 2009 SHEET 4 OF 5 C'Olrl--I"ORD ROAD ----N62'03'58"W 1326.f4' 191 +00 PROPOSED BASELINE - r-FND PK NAIL L- EXISTING RIGHT OF WAY== S62°04'38"E 612.88' J j PROPOS D BASELINE r- SET "PK" N62 003'58'W 613.15' NAIL 192+46.73 I! d 40.00LT ! �, ( � 42 w _T 47 BUILDING Ln W f W CALLED 7.7982 ACRES TARGET SUBDIVISION ! JUNE 11, 1981 CALLED 11.8700 ACRES VOL. 14 PG. 78 Z WEINGARTEN-TARGET MRJC J SEPTEMBER 2, 1982 VOL. 14 PG. 111 = MRJC U H Q PARCEL PLAT SHOWING LINE BEARING DISTANCE PARCEL 42 L 1 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 corner, said comer also being the beginning of a curve turning to the right having a radius of 565.50 feet and being subtended by a chord bearing NORTH 18"05'18" 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 corner; 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°46'51" 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 82 029'30" 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 52 051'23" 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 corner; June 2009 Parcel 47 Page 2 of 6 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 27 057'48" 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 "PK" 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-o#-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 corner 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 61 000'23" 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 corner 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 3 of 6 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 rod• GIVEN UNDER MY HAND AND SEAL THIS THE V-) DAY OF JUNE 2009. OF Q .�NSTEO CO.: .N....... ........... .NHITELEY .`.... Mark W. Whiteley, RPLS#3636 �FESS 0 O SU4J LEGEND ■ SET 5/8' 1. R, WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTROL MONUMENT Q PARCEL NUMBER 0 FND PROPERTY CORNER AS NOTED � POWER POLE PARENT TRACT PROPOSED ROW LINE N.T.S. EXISTING ROW LINE PROPERTY LINE CONCORD ROAD SURVEY LINE COUNTY LINE 4 r4RGET S BUBMSION JUNE 11, 1981 P.D.B. VOL. 14 PG. 78 PARCEL 47 MRJC CALLED 11.8700 ACRES WEMARTEN—rARGET SEPTWER Z 1981 VOL. 14 PC, 111 AlRJC P.O.0 PARCEL 47 F. SIGNER SUS, FND I. ROD CAP A9S9RAcT NO. 1 STAMPED -G R BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIP17ON OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. `0 F� wNfNMM1K.eMTELEw.... EXISTING TAKING REMAINING O r' 36Qa o ACRES ACRES S.F. ACRES 4 � , ..f.•J�� 11. 8700 PARCEL 47, 11. 6315 MARK W. WHITELEY � S0� 0.2385�(]0390> AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 47 CONCORD ROAD JEFFERSON COUNTY BEAUMONT,0 rexAB S 77 8-5492 se uuo� TEXAS 77703 SCALE 1" = 50' JUNE 2009 400-892-0421 (FAX) 409-892-1346 SHEET 4 OF 6 N N PI STA=199+68.14 CID Z�=08'40'09" w R=2400.0000' w 197+00— N62'02'26"W 1326.64' a o T=181.9119'-1' .�L=363.1294' _ _ PROPOSED BASELINE FND 5f 8 o w a o 01 Ch=362.7831 I ROD " FND 5/8"CONCORD '14'D=02'23 O EXISTING RIGHT OF WAY S62'03'58"E 639.13' , rN. FND 5/8" �� 5�"SET "PK" C2 SET iPK" N62'03'58"W 136.22— IN I!t t468754'3 I. ROD �h. NAIL PROPOSED RIGHT OF WAY m i o 0 197+86.22 o so 198+75.00 46.00LT z z 46.00L ! 196+50.00 40.00LT = Q i SK01AC 46.ODLT (n z Q w P.O.B. PAR. 47 w _ w a 0 199+35.36 ° 47 Q z 109.91LT °) w t�J CALLED 11.8700 ACRES z WEINGARTEN-TARGET SUBDIVISION *- SEPTEMBER 2, 1982 = z_ VOL. 14 PG. 111 a O MRJC Q U o 0r Q 1 0 �gvE 1 x Lo • U U U PARCEL PLAT °r SHOWING P.O.C. PAR. 47 PARCEL 47 r WNCAP STAMPED 'CARTER' LINE BEARING DISTANCE CONCORD ROAD JEFFERSON COUNTY - z L t S52'5 1'23 E 17.62' SCALE 1" = 50' JUNE 2009 SHEET 5 OF 6 194+00 N62'03'58"W 1326.64' P ROPQSED -BASELINE CONCORD ROAD FND PK NAIL S62'02'26"E 639.13 EXISTING RIGHT OF WAY N62'03'58"W 353.27' SET K" LPRIOPOSED BASELINE NAIL 47 46.73 'n 40.00LT � 42 w w z U) Li CALLED 7.7982 ACRES V) TARGET SUBDIVISION i JUNE 11 1981 VOL. 14 k. 78 w CALLED 11.8700 ACRES MRJC Z WEINGARTEN-TARGET SUBDIVISION -� SEPTEMBER .2, 1982 = VOL. 14 PG. 111 U MRJC PC Q �G ~�g �o• PARCEL PLAT 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 ilNillAllllillVllllllnllllYknll ;W 2014012144 ��11111111111111111111 JUDCV DOCUMENT 4058169 THE CITY OF BEAUMONT, PLAINTIFF VS. PAULA K. DOYLE, DEFENDANT 120122 MECEIVED___-_„�, CAROLYN L. GUIDR , County Clerk NO, 120122 Jefferson County, Texas § PROCEEDINGS IN EMINENT DOMAIN § COUNTY COURT OF JEFFERSON § COUNTY, TEXAS, AT LAW NO. 1 JUDGMENT That on the date below -written, there came on to be heard and considered the decision of the Special Commissioners filed on the 2nd day of May, 2012, with the Judge of the County Court at Law No. 1, Jefferson County, Texas, in the above -entitled condemnation proceeding in which the City of Beaumont is the Condemnor and Plaintiff, and Paula Doyle is the Defendant landowner; and came the State of Texas and County of Jefferson, Beaumont Independent School District, and the City of Beaumont, claimants by virtue of taxes which have accrued; and came not Chase Manhattan Bank USA, claimant by virtue of an Assignment of Judgment; and came not Harvest Credit Management IV, claimant by virtue of an Abstract of Judgment. It appearing to the Court, and it is so found, that no objection to said decision and award was filed within twenty, (20) days from the date of the filing of said decision as aforesaid and that said decision and award has been filed with the Clerk of this Court. IT IS, THEREFORE, ORDERED, ADJUDGED and DECREED by the Court as follows: Page 1 1. That said decision and award of said Special Commissioners heretofore entered be and the same is hereby confirmed and adopted and made the judgment of this Court with the provision as to minerals and access, as set forth below. 2. That the Clerk of this Court record this Judgment and the Award in the minutes of this Court. 3. That by virtue of said decision of said Special Commissioners, the City of Beaumont is entitled to condemn and does hereby have judgment against the above - named Defendants for the fee simple title to the real property situated in Jefferson County, Texas, and described on Exhibit "A" attached hereto for the purpose of locating, constructing and maintaining the Concord Road Pavement Widening Project in the City of Beaumont and all rights, title and interest to said parcel of land is hereby divested out of said Defendants and vested in the City of Beaumont, Texas. Provided that there is excluded from such estate condemned all the oil, gas and sulphur which can be removed from beneath said land without any right whatever remaining to the owners of said oil, gas, and sulphur of ingress and egress to or from the surface of the land condemned for the purpose of exploring, developing, drilling, or mining of the same. IT IS FURTHER ORDERED, ADJUDGED and DECREED: 1. That by virtue of said decision by Special Commissioners, the Defendant, Paula K Dovle, is entitled to recover from Plaintiff City of Beaumont the total sum of Two Thousand Dollars and 00/100 Cents ($2,000.00) with interest thereon from this date at the rate of ten percent (10%) per annum. 2. That by virtue of said decision by Special Commissioners, Chase Manhattan Bank USA, claimant by virtue of an Assignment of Judgment, is entitled to recover from Page 2 Plaintiff City of Beaumont the total sum of One Thousand Five Hundred Dollars and 001100 Cents ($1,500.00) with interest thereon from this date at the rate often percent (10%) per annum. 3. That by virtue of said decision by Special Commissioners, Harvest Credit Management IV, claimant by virtue of an Abstract of Judgment, is entitled to recover from Plaintiff City of Beaumont the total sum of One Thousand Five Hundred Dollars and 00/100 Cents ($1,500.00) with interest thereon from this date at the rate of ten percent (10%) per annum. IT IS ORDERED, ADJUDGED and DECREED that Plaintiff City of Beaumont may have its Writ of Possession. That, the sum of money having been deposited into the registry of this Court, this Judgment is declared fully discharged and satisfied, as against Plaintiff. All costs herein accrued are adjudged against Plaintiff, the City of Beaumont, and the Clerk of this Court is directed to tax same accordingly. SIGNED this �� day of Page 3 ti , 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 comer 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 Cleric's File No. 2007005515 of the Real Property Records of Jefferson County, Texas; THENCE, SOUTH 35037'12" 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 comer in the proposed Northeasterly right-of-way line of Concord Road; THENCE, SOUTH 54030'26" 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 comer 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 54030'26" 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 comer 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 Poad for a distance of 113.91 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 Concor(:� 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 Reaf Property Records of Jefferson County, Texas; 2) THENCE, SOUTH 35031'05" 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 comer 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 comer of the said L H & P tract, and from said point a 1/2" iron pipe found bears NORTH 35031'05" EAST a distance of 0.34 feet; 3) THENCE, NORTH 54°33'44" WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 113.90 feet to a point for comer, said point being the most Westerly comer of the said Nelson et al tract and said point being the most Southerly comer of the said Simmons tract, and from said point a 1/2" iron rod found in concrete bears NORTH 35°2948" 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. f, 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 y; GIVEN UNDER MY HAND AND SEAL THIS THE J DAY OF APRIL 2009. A LEGEND ■ SET 5/8' I R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' 4 TXDOT CONTROL MONUMENT O PARCEL NUMBER o FND PROPERTY CORNER AS NOTED A. MIUTAMS SURVEY POWER POLE ABSMCT NO. 385 PROPOSED ROW LINE -- EXISTING ROW LINE --- PROPERTY LINE — -- SURVEY LINE J -- COUNTY LINE P.O.C. PM 1J fW 5/8' L ROD 1 H & P LTA AwAGIRC7OPR`X" CF htl.?0030i0UJ CALLED 0.919 AMS ytia ANN 1f" YEDINA FEBRINRY 8, 2007 J � DONA(D f. HELSOAI of of CF NO. 2007005515 FEBRUWY 26. 1997 OP2lC CF NO. 9705170 OPRIC P.OLR PAR IJ 13 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 M, f ............ _I 1 •?. 63 .� I 1 MARK W. WHITELEY AND ASSOCIATES INCORPORATED rNSULTING ENGINEERS, RVEYORS, AND PLANNERS, :o P. 0. BDX 5492 =0 EAR U FRI(Y. BEAUUONT, TEXAS 77728-6492 BEAUMONT. TEXAS 77703 408-802-04Z1 (FAX) 409-802-1346 EXISTING TAKING REMAININC ACRES ACRES S.F. ACRES 0, 6804 PARCEL 13, 0. 0259/(1130) 0,6545 PARCEL PLAT SHOWING PARCEL 13 CONCORD ROAD JEFFERSON COUNTY SCALE I" = 50' APRIL 2009 SHEET 3 OF 4 d O A p C7 n W Q C w A -+ o N > n n D ( O z o _ WO O x O D r, O �o L1 :r w L31 L L rs N O O Z r o�x O M o + c� u _N O F O N O C O (D S35'37'12"W 190.54' N35'29'48"E 260,46' (260.00') (260.00') S35'31'05"W 260.34' -zC) o� C7� ➢ Cam W O ^ N A r O JUDGMENt FILED FOR RECORD �4 ei 2012 Jun 25, 12;30 Ph 120122 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY, TEXAS Dy ra APR 17 2014 / `,,\"so P� LAW �/� VIIIIIIVI�NIN�IIIIIIIIIIIIIIIII ,a `° =0II0I2145 IIIIIIIIII�uII11�I�1111IIIIliII�IIIIIIIII1I�lIII1�AfIIVI11I�I1 JUDCV 120121 iiECEIVEQ� DOCUMENT 4056931 CARULYN L. GUIDRY, County Clerk NO. 120121 Jefferson County, Texas THE CITY OF BEAUMONT, § PROCEEDINGS IN EMINENT DOMAIN PLAINTIFF § VS. § § COUNTY COURT OF JEFFERSON KEVIN JAMES WILSON § DEFENDANT § COUNTY, TEXAS, AT LAW NO. 1 JUDGMENT That on the date below -written, there came on to be heard and considered the decision of the Special Commissioners filed on the 2nd day of May, 2012, with the Judge of the County Court at Law No. 1, Jefferson County, Texas, in the above -entitled condemnation proceeding in which the City of Beaumont is the Condemnor and Plaintiff, and Kevin James Wilson is the Defendant landowner; and came the State of Texas and County of Jefferson, Beaumont Independent School District, and the City of Beaumont, 1 claimants by virtue of taxes which have accrued; and came not the Estate of Erwin LeBlanc and NationsBank of Texas, N.A., Leinholders. It appearing to the Court, and it is so found, that no objection to said decision and award was filed within twenty (20) days from the date of the filing of said decision as aforesaid and that said decision and award has been filed with the Clerk of this Court. IT IS, THEREFORE, ORDERED, ADJUDGED and DECREED by the Court as follows: 1. That said decision and award of said Special Commissioners heretofore entered be and the same is hereby confirmed and adopted and made the judgment of this Court with the provision as to minerals and access, as set forth below. Page 1 9t 1 { S + i F. 2. That the Clerk of this Court record this Judgment and the Award in the minutes of this Court. 3. That by virtue of said decision of said Special Commissioners, the City of Beaumont is entitled to condemn and does hereby have judgment against the above - named Defendants for the fee simple title to the real property situated in Jefferson County, Texas, and described on Exhibit "A" attached hereto for the purpose of locating, constructing and maintaining the Concord Road Pavement Widening Project in the City of Beaumont and all rights, title and interest to said parcel of land is hereby divested out of said Defendants and vested in the City of Beaumont, Texas. Provided that there is excluded from such estate condemned all the oil, gas and sulphur which can be removed from beneath said land without any right whatever remaining to the owners of said oil, gas, and sulphur of ingress and egress to or from the surface of the land condemned for the purpose of exploring, developing, drilling, or mining of the same. IT IS FURTHER ORDERED, ADJUDGED and DECREED: 1. That by virtue of said decision by Special Commissioners, the Defendant, Kevin James Wilson, is entitled to recover from Plaintiff City of Beaumont the total sum of Eleven Thousand Dollars and 00/100 Cents ($11,000.00) with interest thereon from this date at the rate of ten percent (10%) per annum. IT IS ORDERED, ADJUDGED and DECREED that Plaintiff City of Beaumont may have its Writ of Possession. That, the sum of money having been deposited into the registry of this Court, this Judgment is declared fully discharged and satisfied, as against Plaintiff. Page 2 All costs herein accrued are adjudged against Plaintiff, the City of Beaumont, and the Clerk of this Court is directed to tax same accordingly. SIGNED this 1W day of , 2012. Page 3 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; ,i 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 comer 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 72012,33" 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 comer in the proposed Southwest right-of-way line of Concord Road, 2) i' 3) THENCE, NORTH 80°01'58" 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 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 1050.00 feet and being subtended by a chord bearing NORTH 77053'59" WEST having a chord length of 78.16 feet; 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 07059'14" 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 corner 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 78'42'23" 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 81 °29,55" EAST, along the existing Southwest right-of-way line of Concord Road for a distance of 42.19 feet to a point for comer, 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. I, Mark W. Whiteley, Registered- Professional Land-Surveyor-No.-3636rin.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 GIVEN UNDER MY HAND AND SEAL THIS THEV DAY OF JUNE 2009. r MATCH LINE - SEE SHEET 5 0) Ol vs C) 0 C) u c b > Q F�� Q rn1�' = MN l I o o.'d r`) cn Ut L 1-3 fTl N CAD a�Tqgm ISO n 'n*tozZm ZCC pO ��pGaM LL, —ins �iWGI CA D LD ozv 52- ki � �_. u) o — 0 0 ) N o v �. o o p 0s N T t it O fI V1 (Tl > � p r- r J --A ON rn - Z ,2 1 -0 0 rT, N W 1224 D�pE 236 C4 N W.�D:fn ad�� ID m-��D �dM _--moo �� ..--.gyp oo v . QdOD Co v it 11 I d O -0 @c' Z O U; m r OrAnO A r O � 0 G' O��om o ��A�tn o rU CD+/v, G O rn W cn C7 b.WD v O r p Ut m 0 D w' Q -+ J L1 -• C" n 03; � k o t U o 0 _ + '0- i 7Q � x D oo N 'O mzzrn � � \ tv-1 A zo`o -V v O OL'--(nw �. .a �CJ wc0 �co—D O ED r^ zm MATCH LINE — SEE SHEET 4 PETITION FOR CONDEMNATION x1 FILED FOR RECORD rz � �f 2012 Mar 12, 05:30 PM 12@f21 3 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY, TEXAS CURVE RADIUS 'ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C2 1050.00' i78.18' 76.16' N77-53'59"W .041557" C3 1175.92' 114.61' 114.57' S78'42'23"E 05'3504" EEGEND r IN SET 5/8' I.R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXDJT CONTROL MONUMENT O PARCEL NUMBER o FND PROPERTY CORNER AS NOTED I POWER POLE PROPOSED ROW LINE -- EXISTING ROW LINE PARENT TRACT --- —-- -- PROPERTY LINE N.T.S. — — --- SURVEY LINE CONCORD ROAD -- COUNTY LINE CALLED 0.5J57 ACRES TRACT NO. 2' 7NE TUCKER FAMILY / LIMl7ED PARTNERSHIP SEPTEMBER 3, 1993 FC NO. 105-OJ-0899 OPRJC i� i F. BIGNER SURVEY ABSTRACT NO. I CALLED 4.41J ACRES KEM DAMES WILSON P.O. B: NOVEMBER 13, 1995 PARCEL Cr NO. 9533459 OPRJC P.O.0 PARCEL FND. 2' 1. P BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE OESCRIP77ON OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A Pf OPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS .PARCEL PLAT. o`OF�gF� Q O IT ,�.. : suR`��` MARK W WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS 1.'. 0. BOX 5492 3250 F.ASYER FRWY. TEXAS 77�728-5402 BEAUMONT. TEXAS 77703 (FAX) 409-892-1340 EXISTING TAKING REMAINING ACRES ACRES S.F. ACRES 4. 413 PARCEL 35, 0. 1773/(7725) q, z357 PARCEL PLAT SHOWING PARCEL 35 CONCORD ROAD JEFFERSON COUNT`( SCALE i" 50' JUKE 2009 SHEET 3 OF 5 JUDGMENT FILED FOR RECORD 2012 Jun 20, 05:30 PM 120121 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY, TEKAS pri fo" IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII J10 DGPGS 2014012143 -- JWCV 120531 I DOCUMENT 4108081 RECEIVED NO.120631 CAROLYN L. GUIDRY, County Clerk Jefferson County, Texas THE CITY OF BEAUMONT, § PROCEEDINGS IN EMINENT DOMAIN PLAINTIFF § VS. § § COUNTY COURT OF JEFFERSON § EASTEX VENTURE, § DEFENDANT § COUNTY, TEXAS, AT LAW NO. 1 JUDGMENT That on the date below -written, there came on to be heard and considered the decision of the Special Commissioners filed on the 5th day of July, 2012, with the Judge of the County Court at Law No. 1, Jefferson County, Texas, in the above- entitled condemnation proceeding in which the City of Beaumont is the Condemnor and Plaintiff, and Eastex Venture is the Defendant landowner; and came the State of Texas and County of Jefferson, Beaumont Independent School District, and the City of Beaumont, claimants by virtue of taxes which have accrued; and came not Eastern Texas Electric Company (also known as Gulf States Utilities) and Gulf States Utilities, claimant by virtue of easements; and came not Southwestern Bell Telephone Company, claimant by virtue of an easement; and came not JP Morgan Chase Bank, N.A., claimant by virtue of an Assignment of Notes and Liens, Collateral Assignment of Leases, Deposits and Agreements, and a Deed of Trust to Secure Note; and came not Comerica Bank, claimant by virtue of a Financing Statement and Deed of Trust. It appearing to the Court, and it is so found, that Defendant Eastex Venture has waived any objection to the said Award and that said Award has been filed with the Clerk of this Court. Page 1 It further appearing to the Court and it is so found that the City of Beaumont has the power of eminent domain as contained in Tex. Loc.Gov. Code §251.00 for the purposes of the City, for which it has brought this condemnation proceeding. IT IS, THEREFORE, ORDERED, ADJUDGED and DECREED by the Court as follows: 1. That said decision and Award of said Special Commissioners heretofore entered be and the same is hereby confirmed and adopted and made the judgment of this Court with the provision as to minerals and access, as set forth below. 2. That the Clerk of this Court record this Judgment and the Award in the minutes of this Court. 3. That by virtue of said decision of said Special Commissioners, the City of Beaumont is entitled to condemn and does hereby have judgment against the above - named Defendant for the fee simple title to the real property situated in Jefferson County, Texas, and described on Exhibit "A" attached hereto for the purpose of locating, constructing and maintaining the Concord Road Pavement Widening Project in the City of Beaumont and all rights, title and interest to said parcel of land is hereby divested out of said Defendants and vested in the City of Beaumont, Texas. Provided that there is excluded from such estate condemned all the oil, gas and sulphur which can be removed from beneath said land without any right whatever remaining to the owners of said oil, gas, and sulphur of ingress and egress to or from the surface of the land condemned for the purpose of exploring, developing, drilling, or mining of the same. IT IS FURTHER ORDERED, ADJUDGED and DECREED: Page 2 That by virtue of said decision by Special Commissioners, the Defendant, Eastex Venture, is entitled to recover from Plaintiff City of Beaumont the total sum of One Hundred Seventy -Five Thousand and 001100 Cents ($175,000.00) with interest thereon from this date at the rate of ten percent (10%) per annum. IT IS ORDERED, ADJUDGED and DECREED that Plaintiff City of Beaumont may have its Writ of Possession. That, the sum of money having been deposited into the registry of this Court, this Judgment is declared fully discharged and satisfied, as against Plaintiff. All costs herein accrued are adjudged against Plaintiff, the City of Beaumont, and the Clerk of this Court is directed to tax same accordingly. SIGNED this 45� day of 12012. Judge siding Page 3 P June 2009 Parcel 47 Page t 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. Signer Survey, Abstract No. 1, out of and part of that certain called 11,8700 am 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 I I I of the Map Records of Jefferson County, Texas, said 0.2386 (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 One of U.S. Highway 69, 86, & 287, and also being in the East right-of- way One of Dowien Road; THENCE, NORTH 01 "45'39" WEST along the East right-of-way One of Dowien Road for a distance of 191.51 feet to a 518" iron nerd found for corner, said corner also being the beginning of a curve turning to the right having a radius of 566.60 feet and being subtended by a chord bearing NORTH 18'0Gi8' EAST having a chord length of 382.34 feet; THENCE NORTHEASTERLY, along and with sold curve for an are length of 390.02 feet to a 518" Iron rod found for comer, THENCE, NORTH 37'46'51" EAST, along the Southeast right-of-way line of Dowien Road for a distance of 41.47 feet to a 5M* Iron nod 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 harsh described; 1) THENCE, NORTH 3r46'51" EAST, continuing along the Southeast right-of-way line of Dowien Road for a distance of 58.79 feet to a 5/8' Iron red found for comer; 2) THENCE, NORTH 82'29'30" FAST along the eMsting Southeast right-of-way of Dowien Road for a distance of 35.61 feet to.a 5/8" Iron rod found for comer In the existing Southwest dghtrof-way line of Concord Road; 3) THENCE, SOUTH 6206123' EAST, continuing along the existing Southeast right-of- way line of Concord Road far a distance of 17.62 feet to a 6/8' Iron rod found for comer, EXHIBIT "A' June 2009 Pame147 Page 2 of 6 4) THENCE, SOUTH 62002'26° EAST, continuing along the existing Southeast right-of- way line of Concord Road for a distance of 639.13 feel to a "pk" nail found in asphalt for comer, said corner being the East comer of the said 11.8700 acre Fastex Venture tract and said corner being the North comer of that certaln called 7.7982 acre tract of land from the Amended Final Plat of Target Subdivision for Target Stores by plat dated June 11,1gel and being recorded under Volume 14 Page 78 of the Map Records of Jefferson County, Texas; 5) THENCE, SOUTH 2r57'48° WEST, along the boundary One between the said 11.8700 acre Eastex Venture tract and the said 7.7982 acne Target Stores tract for a distance of 10.37 feet to a "PK" nail set for comer in the proposed Southwest right- of-way One of Concord Road; 6) THENCE, NORTH 62"03'68" WEST, along the proposed Southwest right-of-way line of Concord Road for a distance of 35327 feet to a SM" Iron rod with cap stamped "City of Beaumont ROW Monumenr set for comer in the proposed Southwest right- of-way line of Concord Road; 7) THENCE, NORTH 6815432" WEST, continuing along the proposed Southwest right- of-way the of Concord Road for a distance of 50.36 feet to a °Punch Mark" set in concrete for corner in the proposed Southwest right-of-way One of Concord Road; 8) THENCE, NORTH 62.03'58' WEST, continuing along the proposed Southwest right - of -my One 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'W23' 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 "PIC nail set for comer In the proposed Southwest right-of-way One of Concord Road; 10)THENCE, SOUTH 75°03`12" WEST, continuing along the proposed Southwest right- of-way line of Concord Road for a distance of 8028 feet to the POINT OF BEGINNING and containing 0.2385 acre (10,390 square feet) of land. June 2009 ParCW 47 page 3 of 6 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 ced iy that the alcove Bali dotes 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 Febnmry 2009 GIVEN UNDER MY HAND AND SEAL THIS THE 0 DAY OF JUNE 2009. L LEGEND 0 SET 5/9' I.R. WITH CAP STAMPED 'CITY OF BEA(MONT ROW MONUMENT' TXDOY CONTROL MONUMENT Q PARCEL NUMBER 0 FND PROPERTY CORNER AS NOTED 0 POWER POLE PARENT TRACT PROPOSED ROW LINE N.T.S. — EXISTING ROW LINE PROPERTY LINE CONCM ROAD -----j�-- SURVEY LINE Bor COUNTY LINE tv \-FMRM 47 CAMEO 11.870 AC ES KATARM-PAW SPIEAM $ Ism KL 14 AM III MAC R. DO12 SUM BEARINGS AND DI SAW SNOWN ENCLOSED 01 PAREFOH 5L5 ARE CALLEn EiAR9M AND DISTANCFB IN THE OFSCRIP71001 OF TW PARENT TRACT. SURWM FEWUART 2008 A PROPERTY VaTA AON OF EWN MTE ACCOIBWAMIES DNS PARCEL PUT. • NARK W. NH1TBi81f AND ASSOCIATES INCORPORATED atMnaulc snclRaelre, 80R4SYDBs, AND PLANNERS P. 0. an e4a mo 11II = ► L e>a1..644 6°� Tr 1a7°e�t-feu oum ?.?w Ams Kw asm9w Aw 111 1981 VOL 14 78 499 [!EX�ISTING ? REMAINING RL ACRES S F. ACRES d I. 8700 PIIR M 47. i 1.6313 0. 23Bg/1 MM PARCEL PLAT SHOWING PARCEL 47 CONCORD ROAD JEFFERSON COUNTY SCALE 7" - 50' JUNE 2009 SHEET 4 OF 6 9 133HS 33S - 3NY1 HOidW �Jf ' N V- O ino + o a cu 0 QW w Q z Vi W Q oz a o P. v UAI �• 61 9d CY srrr o � y o Z, c f- /�� `.i Yl J + O o4. U +. P N O a 11 Q nI N a m� to �d��.7i3o ad08 N3]MoO t W z rn o N O U tJ 2 Z E,,, V,, �' n w d' �z�LLJ W WoU p c an V) (~ 9 r O U W Uz O In a 1516] .6L,S4.[ON 0 r . k z � Q N U tit z z E.. o D 0 W WoU � Uvia p i in " a o o U O U Q U V) JMMT FILED FOR RECORD e:L* --e'vat 2912 Sep 06, M30 PM 120531 CAROLYN L. M)IORY, COUNTY CLERK jEFFERSON COUNTY, TEXAS P9 I CITY OF BEAUMONT P 0 BOX 3827 BEAUMONT TX 77704 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Carolyn L. Guidry, County Clerk Jefferson County, Texas April 17, 2014 02:58:52 PM FEE: $62.00 2014012143 4 1,