HomeMy WebLinkAboutRES 12-297 RESOLUTION NO. 12-297
WHEREAS, the City Council of the City of Beaumont deems it necessary that the
property described below be acquired for the Washington Boulevard Road Improvement
Project; and,
WHEREAS, the City Council has found that a public necessity exists requiring the
hereinafter described property:
0.0038 acre out of Lot 1, Block 1, Dixie Terrace Addition
Address: 2935 Washington Boulevard
Appraised Value: $750.00
Owner: Ora Mae Guidry Estate
and,
WHEREAS, the City Council deems it necessary to acquire the hereinafter
described interests in and to the above described property for the Washington Boulevard
Road Improvement 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
made every effort to locate the owner of the above described land and because we cannot
locate the owner, the City is unable to negotiate in good faith as to the fair market value
thereof and damages, if any, and further attempts at 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 the owner of the above described parcel of land, and all claimants of any
interest therein, proceedings in Eminent Domain to acquire fee simple title in and to the
said parcel of land described in Exhibit"A" and shown on Exhibit"B," attached hereto and
made a part hereof, the parcel of land being situated in Beaumont, Jefferson County,
Texas for the public use of locating, constructing, widening and maintaining Washington
Boulevard, a street in Beaumont, Jefferson County, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
December, 2012.
0/Mayor Becky Ames -
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EXHIBIT "A"
Legal Description: 0.0038 Acre Tract or Parcel of Land
Out of and Part of Lot 1,Block 1
Dixie Terrace Addition
Volume 6,Page 116,Map Records
J.W. Bullock League,Abstract No. 7
Beaumont,Jefferson County,Texas
BEING a 0.0038 acre tract or parcel of land situated in the J.W. Bullock League,Abstract No. 7,
Jefferson County,Texas and being out of and part of Lot 1,BIock 1 of Dixie Terrace Addition,a
subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof
recorded in Volume 6, Page 116, Map Records, Jefferson County, Texas and also being out of
and part of the said Lot 1, Block 1 of Dixie Terrace Addition as described in a deed from Arthur
A. Dumrn and E.F. Donohue to Dave Guidry and wife, Ora Mae Guidry as recorded in Volume
485, Page 163, Deed Records, Jefferson County, Texas, said 0.0038 acre tract being more
particularly described as follows:
NOTE. All bearings are referenced to the Texas State Plane Coordinate System
South Central Zone NAD83. All set 518"iron rods set with caps stamped"City of
Beaumont R.0.W. Monument".
COMMENCING at the Southeast corner of the said Lot 1, said corner also being the Southwest
comer of Lot 2 and in the North line of Lot 4, Block 1 of the said Dixie Terrace Addition, and
from said corner a 1/2"iron rod found bears NORTH 09°12'08" EAST a distance of 0.42 feet and
said corner bears SOUTH 86°37'50" WEST a distance of 100.02 feet from a 5/8" iron rod found
for the Southeast corner of Lot 3,Block 1 of the said Dixie Terrace Addition;
THENCE NORTH 03 015'09" WEST, for the boundary between the said Lots 1 and 2, for a
distance of 145.52 feet to a 5/8" iron rod set for the Southeast corner and the PONT OF
BEGINNING of the tract herein described;
THENCE NORTH 89 007'47" WEST, over and across the said Lot 1 and along the proposed
South right-of--way line of Washington Boulevard, for a distance of 46.99 feet to a 5/8" iron rod
set for corner;
THENCE SOUTH 68 041'40" WEST, continuing over and across the said Lot I and along the
proposed South right-of-way line of Washington Boulevard, for a distance of 11.68 feet to a 5/8"
iron rod set for corner, said comer being in the West line of the said Lot I and in the East right-
of-way line of Donohue Street (based on a width of 60 feet);
THENCE NORTH 03 015'09" WEST, along and with the East right-of---way line of Donohue
Street, for a distance of 4.67 feet to a point for corner, said corner being the Northwest corner of
the said Lot 1 and being the intersection of the East right-of-way line of Donohue Street and the
existing South right-of-way line of Washington Boulevard(based on a width of 60 feet);
EXHIBIT "A"
,i?.dltli Fi: 3;"F1'IT1iLE3',•41vv:�ssoti:Fres.l�-c. W �"""
THENCE NORTH. 86°3750" EAST, along and with the existing South right-of-way line of
Washington Boulevard and the North line of the said Lot 1,for a distance of 57.98 feet to a 1/2"
iron rod found for corner, said corner being the Northeast corner of the said Lot I and the
Northivest corner of the said Lot 2;
THENCE SOUTH 03 015'09" EAST, for the boundary between the said Lots 1 and 2, for a
distance of 4.55 feet to the POINT OF BEGINNING and containing 0.0038 Acres, more or
less.
Surveyed on May 15, 2012. This legal description is being submitted along with a plat based on
this survey(see EXHIBIT "B").
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T1,0 .�.•••» v'
Thomas S. Rowe, R LS No. 5728
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EXHIBIT"A"
Page 2 of 2
A-I'.41 IV it hll7L*LE1':3,VU,SS.90C1:4TE.S,INC.
0.0038 ACRES WSW RIGHT OF WAY
CALC. ,�� (CALL 50.QO) Lo FND 1 2" (CALL t O0.DO
CORNER L4 '"� I' R D FND N86'3750"E 100.02' FND SCRIBED X"
IN CONCRETE _II
t SET 5/8" 50.01' 9 50.01' 4
SET 5/8" I�2 !. RQD '�'�
I. R w
D O �] FND SCRIBED A'" �VIR
1 l J IN CONCRETE SET 5/8" PROPOSED RIGHT OF WAY
L ROD I �
I N
z I Z WASHINGTON
toy �oj ,o� o BOULEVARD
k- I FND 1/2" 1. ROD
o W\ UIEX STAMPED FND N86 41' 6"E 170,84'
o 0 0
FND SCRIBED "X
o o$ DAVE GUIDRY, et ux. °o PRAT KIM 7RUONG & I PRAT KIM 7RLIONG do !N CONCRETE
o VOL 485, PG. 163 LIEN 7Hl LE LIEN T}F LE: �°o E
�n ARJC F CF NO. 2001042757 I CF. Na 2007023787 �° W
o OPRJC { OPRJC
TOTAL ACRES 0.1997 LINE BEARING _DISTANCE
TAIGiNG ACRES 0.0038 L1 N89'07'47"W 46.99' o LOT 4, BLOCK 5
REMAINING ACRES 0.1959 L2 S68.41'40"W 11.68' ° BOOKER HEIGHTS
L3 NO3'15'09"W 196.70' o VOL. 4. PG. 113
L4 N86'37'50"E 57.98' z MRJC
L5 SON 15'09"E 4.55'
PDC
CALL
CORNER
CALC. FND S86'37'50"W 57.98' FND S86'37'50"W 100.02'
CORNER (CALL 58.00) (CALL 100.00)
N09'12'08 E 0.42'
FND 112- 1. ROD BEARS
I- OTHING IN THIS SURVEY IS )AMENDED TO EXPRESS AN OPINION REGARDING vol
OWNERSHIP OR TITLE to
2. THE WORD CER71FY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL N
JUDGMENT BY THE SURVEYOR WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION
AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE z�
WITH THE STANDARDS OF PRACTICE REQUIRED AND PROWULGATED BY THE 7EXAS BOARD
OF PROFESSIONAL LAND SURVEYORS AND 7W TEXAS SOCIETY OF PROFESSIONAL FND 1 f2' EXHIBIT 'r "
SURVEYORS. AS SUCH, R CONSTITUTES NEIIHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR 1. ROD
IMPLIED. REFER TO EXHIBfT "A"
3. ALL SET 518" IRON RODS SET WITH A CAPS STAMPED "CITY OF BEAUMONT R.0 W, MONUMENT". FOR LEGAL DESCRIPTION
4. ALL BEARINGS ARE REFERENCED TO TEXAS STATE PLANE COORDIN47E SYSTEM SOUTH CENTRAL C
ZONE NAD83.
TO THE OWNERS OF THE PREMISES SURVEYED °R°Ytr N0`
max: -11. _ t of i
AS OF THE DATE OF THE SURVEY. im M 1 rs }�
L THOMAS S. ROWE DO HEREBY CERTIFY THAT TIHIS SURVEY WAS THIS DAY 12-363 1 -363. WG
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED +AND. 1TIIITELEY
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME �OCUT;g
OF THE SURVEY. INCORPORA�=DATE SURVEYED- MAY 15. 2012 �F IM. AN 1 ere
N� F'••3r r o mua r°q°" MS"
Mon
�9
HOMAS S. ROWS 0.0038 ACRE TRACT 02 PARCEL OF LM
•»N••N»••M»•»•••WE
r•;9 5728 OUT OF AND PART OF LOT 1, BIACK 1
s O�;•eO DME TERRACE ADDITION
'''••'•''J�G VOLUME 6, PAGE 116, MAP RECORDS
THOMAS S. ROWE - REGISTERED PROFESSIO URVEYOR No. 5728 J, . BULLOCI LEAGUE, ABSTRACT N0. 7
BEAUMONT, JEFFEILSOM COUNTY, TEYAS
EXHIBIT "B"
f1111 n
'C#tU$ AND CORRECT
IIIJDG
2014012146 Copy OF ORIGIN IIIII IIIII I I ( II I I IIIII III III II II 6 PGS FI D IN JEFFERSON
'
L. GUIDRY, Count)( Gerk
JAI I��f `�:1r1 coud;ty' IJexgv
THE CITY OF BEAUMONT,
PLAINTIFF
VS.
LATRELL RENET GUIDRY AND
DAVE GUIDRY, JR., HEIRS TO THE
ESTATE OF ORA MAE GUIDRY,
DECEASED
DEFENDANTS
��IIIIIIIII 124147
DOCUMENT 10928862
NO. 124147
§ 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 February 5, 2014, 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 Latrell Renet
Guidry and Dave Guidry, Jr., Heirs to the Estate of Ora Mae Guidry, Deceased, are the
Defendant landowners; 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.
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
HHHHII:;lflll/I
TRUE AN>!+CORRECT
COPY OF ORIGINAL
FILED IN JEFFERSON
COUNTY Ct FRws OFFICE:
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, widening and maintaining Washington Boulevard 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 Defendants,
Latrell Renet Guidry and Dave Guidry, Jr., Heirs to the Estate of Ora Mae Guidry,
Deceased, are entitled to recover for their benefit from Plaintiff City of Beaumont the
amount of Seven Hundred Fifty Dollars and 00/100 Cents ($750.00), said amount is to be
applied to the payment of delinquent taxes to the State of Texas and County of Jefferson,
the City of Beaumont and the Beaumont Independent School District as a priority first lien.
Page 2
wunnnnr
74!ti,CIRIiIEiI
COPY OFf3ttiWNAL
FILED IN JEFFERSON
CLUMS OFFICE
NmrnNttlut t
2. That by virtue of said decision by Special Commissioners, the State of Texas
and County of Jefferson, the City of Beaumont and the Beaumont Independent School
District are entitled to recover from Plaintiff City of Beaumont the total sum of Seven
Hundred Fifty Dollars and 00/100 Cents ($750.00) 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 Z?_ day of , 2014.
Judge Presiding
Page 3
Llllfll!!/�!
lYYYY44tt TRUE AND CORRECT
COPY OF ORIGINAL
FILED IN JEFFERSON
COUNTY CLERIC'S OFFICF
EXHIBIT "A„
Legal Description: 0.0038 Acre Tract or Parcel of Land
Out of and Part of Lot 1, Block I
Dixie Terrace Addition
Volume 6, Page 116, Map Records
J.W. Bullock League, Abstract No. ?
Beaumont, Jefferson County, Texas
BEING a 0.0038 acre tract or parcel of land situated in the J.W. Bullock League, Abstract No. 7,
Jefferson County, Texas and being out of and part of Lot 1, Block 1 of Dixie Terrace Addition, a
subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof
recorded in Volume 6, Page 116, Map Records, Jefferson County, Texas and also being out of
and part of the said Lot 1, Block 1 of Dixie Terrace Addition as described in a deed from Arthur
A. Dumm and E.F. Donohue; to Dave Guidry and wife, Ora Mae Guidry as recorded in Volume
485, Page 163, Deed Records, Jefferson County, Texas, said 0.0038 acre tract being more
particularly described as follows:
NOTE All bearings are referenced to the Texas State Plane Coordinate System
South Central Zone NAD83. All set 518" iron rods set with caps stamped "City of
Beaumont R O. W. Monument".
COMMENCING at the Southeast comer of the said Lot 1, said comer also being the Southwest
corner of Lot 2 and in the North Iine of Lot 4, Block 1 of the said Dixie Terrace Addition, and
from said corner a 1/2" iron rod found beats NORTH 09'IT08" EAST a distance of 0.42 feet and
said comer bears SOUTH 86"3T50" WEST a distance of 100.02 feet from a 5/8" iron rod found
for the Southeast corner of Lot 3, Block 1 of the said Dixie Terrace Addition;
THENCE NORTH 03015'09" WEST, for the boundary between the said Lots I and 2, for a
distance of 145.52 feet to a 5/8" iron rod set for the Southeast comer and the 1`024 OF
BEGINNING of the tract herein described;
THENCE NORTH 89°07'47" WEST, over and across the said Lot 1 and along the proposed
South right-of-way line of Washington Boulevard, for a distance of 46.99 feet to a 518" iron rod
set for corner;
THENCE SOUTH, 68041'40" WEST, continuing over and across the said Lot 1 and along the
proposed South right-of-way line of Washington Boulevard, for a distance of 11.68 feet to a 518"
iron rod set for corner, said comer being in the West line of the said Lot 1 and in the East right-
of-way line of Donohue Street (based on a width of 60 feet);
THENCE NORTH 03-15'09" WEST, along and with the East right-of-way line of Donohue
Street, for a distance of 4.67 feet to a point for comer, said comer being the Northwest corner of
the said Lot 1 and being the intersection of the East right-of-way line of Donohue Street and the
existing South right-of-way line of Washington Boulevard (based on a width of 60 feet);
EXHIBIT "A"
\` ON Co I CERTI Y T HIU �� I CUP
r� Y
�:' •.� }!�n�' : .rice
CAR LYE L. DUN T Y '
4uERK
/�nuaanml"�� H EE FOU IER
THENCE NORTH 86037'50" EAST, along and A;ith the existing South right-of-way 1i of i
Washington Boulevard and the North line of the said Lot 1, for a distance of 5798 feet to a I/2"
iron rod found for comer, said comer being the Northeast corner of the said Lot I and the
Northwest comer of the said Lot 2;
THENCE SOUTH 03015'09" EAST, for the boundary between the said Lots I and 2, for a
distance of 4.55 feet to the POENT OF BEGINNING and containing 0.0038 Acres, more or
less -
Surveyed on May 15, 2012. This legal description is being subnutted along with a plat based on
this survey (see EXIMIT "B").
11
G O7e�
Thomas S. Rowe,
W2012\1 ;Mz_3Q.,&b-da
JUaG�iEOi
FILED FOR RECORD
2014 Apr 04, 12:21 PM 124147
Carolyn L. Guidry, County Clerk
Jefferson County, Texas
MX JT "A"