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HomeMy WebLinkAboutRES 13-040RESOLUTION NO. 13 -040 WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit "A" and shown on Exhibit "B," attached hereto, for the Washington Boulevard Road Improvement Project: Description: 0.0036 acre out of Lot 1, Block 1, Dixie Terrace Addition Address: 2935 Washington Boulevard Owners: Ora Mae Guidry Estate Appraised Value: $750.00 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 12th day of February, 2013. N r`�/ ) ' t► ayor 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 PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, ORA MAE GUIDRY ESTATE, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of SEVEN HUNDRED FIFTY AND NO /100 ($750.00) 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 & B" attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur 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, effecting 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 EXHIBIT "A" GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her 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 -12013. ORA MAE GUIDRY ESTATE: LATRELL GUIDRY DAVE GUIDRY STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGEMENT X X This instrument was acknowledged before me on this the day of , 2013, by LATRELL GUIDRY. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of DAVE GUIDRY. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P. O. Box 3827 Beaumont, Texas 77704 2013, EYJIIBIT "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.'. 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. Durum 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: ATOTE. 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 corner 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 °15'09" 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 POINT OF BEGINNING of the tract herein described; THENCE NORTH 89 °07'47" WEST, over and across the said Lot I 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 1 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 corner 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 03 015'09" 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 I and being the intersection of the East right -of -way line of Donohue Street and the existing South right-of-way line of Waslungton Boulevard (based on a width of 60 feet); EXHIBIT "A" 1 1APh• EV H711r•.1_F'1 AND .i.CSOCIATES. LVC THENCE NORTH 86 037150" 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 fowid for corner, said corner being the Northeast corner of the said Lot 1 and the Northwest 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 -M lz a plat based on this survey (see EXHIBIT "B "). Th W:31 EXH1131T "A" n:.•st�x rf-: rr �rrLr.�r: =rF °�::�sUel: +.rEr• r;��c. CALC. CORNER r SET 5/8" 1. ROD a C�3 0 - ^o � z U °z 0.0038 ACRES (CALL _ 50. 00 SET L SET 5/8" 1. ROOD Oj I FND ! D (CALL 100.00') 1. ROD FND N86-37'50'E 100.02' 50.01' 1 50.01 FND SCRIBED '7("� IN CONCRETE PROPOSED RIGHT OF WAY- it z o � N Cs h h SET 5/8" 1. ROD L0l 3 FND 112" 1. ROD CAP STAMPED ISOUTEXI DAVE GUIDRY, et. ux. p $ PHAT KIM TRUONG & i PRAT KIM TRUONG & VOL 485, K 163 rn LIEN TNI LE LIEN 7711 LE DRJC p " CF. NO. 2001042757 CF. NO. 2001023787 o OPRJC OPRIC TOTAL ACRES 0.1997 AMU ACRES 0.0038 LINE BEARING DISTANCE L1 N8W07'47 "W 46.99' 4INING ACRES 0.1959 L2 s68'4l'40"W 11.68' L3 NO3'15'09 'W 196.70' L4 N8637'50 "E 57.98' L5 503' 15'09 "E 4.55' CORNER CALC. FND S86'37'50"W 57.98' FND S863750iN 100.02 CORNER (CALL 58.00) \—NO9'12'08"E (CALL 100.00 ) 0.42 ' NOTE: FND 112" 1. ROD BEARS 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR T11LE. 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR WHICH IS BASED ON HIS BEST KNOWLEDGE; INFORMATION AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLANCE WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUAIRANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED. 3. ALL SET 518" IRON RODS SET WITH A CAPS STAMPED "CITY OF BEAUMONT R.O.W. MONUMENT". 4. ALL BEARINGS ARE REFERENCED TO TEXAS STATE: PLANE COORDINATE SYSTEM SOUTH CENTRAL ZONE NAD83. TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY. 1._ THOMAS S. ROOWEDO HEREBY CERTIFY THAT TI-11S SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE 71ME OF THE SURVEY. EXHIBIT "B" vol 4 FND 1/2 L ROD RIGHT OF WAY FND SCRIBED X" O IN CONCRETE ti y ate, V co N o WASHINGTON z BOULEVARD ti ) FND N86'41'46 E 770.84' 1 o FND SCRIBED Y fl �^ IN CONCRETE co o� o� 0 z`- rn q o LOT 4, BLOCK 5 BOOKER HEIGHTS o VOL 4, PG. 113 z MRJC �o OCS EXHIBIT *'Bp'l REFER TO EXHIBIT A" FOR LEGAL DESCRIPTION MARK W. WHrrELEY AND ASSOCIATES INCORPORATED �za�c », �erads. eau rwe>�s r... a,p.i..a n,m F-ma 0.0038 ACRE TRACT Ox PARCEL. OF LAND OUT OF AND PART OF LOT 1, BLOCK i D= TERRACE ADDLTION VOLUME 6, PAGE 116, MAP RECORDS J.X. B1ILLOCK LEAGUE, ABSTRACT NO. 7 BEATIMONT, JEFFSR.40N COUNTY, TEXAS