HomeMy WebLinkAboutPACKET DEC 06 2011 (Pages 150-186)WHEREAS, Change Order No. 5 in the amount of $62,461 is required to adjust
quantities actually used during the performance of the project, thereby increasing the
contract to $9,785,282.83; and,
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 Manager be and he is hereby authorized to execute Change Order
No. 5 for additional work described above, thereby increasing the contract amount by
$62,461, for a total contract amount of $9,785,282.83; and,
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to make
final payment in the amount of $508,264.13 to Brystar Contracting, Inc., for the Downtown
Brick Paved Sidewalks and Drainage Improvements Project (Park from Crockett to College,
Neches from Liberty to College, North Pearl from Calder to North Street, College from
Neches to Pearl, Wall from Neches to Orleans, Forsythe from Neches to Pearl, Fannin from
Neches to Orleans, Bowie from Neches to Pearl, Liberty from Magnolia to Pearl, and
Broadway from Magnolia to Pearl).
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
December, 2011.
- Mayor Becky Ames -
E
December 6, 2011
Consider authorizing the use of eminent domain proceedings to condemn properties for the
Concord Road Pavement Widening Project located at 5170 Concord, 4495 Treadway, 5850 Eastex
Freeway and 5852-5896 Eastex Freeway
RICH WITH OPPORTUNITY
BEAU,MON*
T• E• B• A• S
TO:
City Council Agenda Items
City Council
FROM: Kyle Hayes, City Manager
9.0
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE:
December 6, 2011
REQUESTED ACTION: Council consider a resolution authorizing eminent domain
proceedings to acquire properties for the Concord Road
Pavement Widening Project.
RECOMMENDATION
As part of the Concord Road Pavement Widening Project, approximately sixty-two (62) parcels
of land from East Lucas to Highway 105 needed to be acquired. The property owners listed
below have refused to accept the appraised value for their property. All properties were re-
appraised by Bishop Real Estate Appraisers with no changes to the value:
1) 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
2) 0.1773 acre situated in F. Bigner Survey, Abstract No. 1
Address: 4495 Treadway (Parcel 35)
Owner: Kevin James Wilson
Appraised Value: $11,000.00
3) 0.1467 acre situated in F. Bigner Survey, Abstract No. 1
Address: 5850 Eastex Freeway (Parcel 42)
Owner: Target
Appraised Value: $57,000.00
4) 0.2385 acre situated in F. Bigner Survey, Abstract No.
Address: 5852 - 5896 Eastex Freeway (Parcel 47)
Owner: Eastex Ventures #6050
Appraised Value: $123,100.00
BACKGROUND
Senate Bill 18 (SB 18) was passed into law during the Texas 82"d Regular Legislative Session
and became effective September 01, 2011. SB 18 amends Texas law with the stated purpose of
making the eminent domain process fairer for property owners. It is necessary for the City of
Beaumont to amend Resolution No. 11-173 approved on June 21, 2011 and Resolution No. I I -
205 passed on July 26, 2011 to comply with Senate Bill 18 as it relates to revisions of the Texas
Property Code.
In order to initiate the acquisition of this property by eminent domain, the City Council must
authorize the acquisition at a public meeting by record vote. The motion authorizing the
condemnation proceeding should be made similar to the following:
"I move that the City Council for the City of Beaumont authorize the use of the power of
eminent domain to acquire property located at 5170 Concord, 4495 Treadway, 5850 Eastex
Freeway and 5852 -58% Eastex Freeway for the public purpose of locating, constructing,
widening and maintaining Concord Road in Beaumont, Texas."
As part of the Concord Road Pavement Widening Project, these four (4) parcels need to be
acquired.
BUDGETARY IMPACT
Funds are available in the Capital Program.
RESOLUTION NO.
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.
- Mayor Becky Ames -
I
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°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 corner 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 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 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 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 corner in the proposed
Northeasterly right-of-way line of Concord- 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 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 corner in the existing Northeast right-of-way line of Concord Road, said point
being the most Southerly corner of the said Nelson et al tract and the most Westerly
corner of the said L H & P tract, and from said point a 112" iron pipe found bears
NORTH 35031'05" EAST a distance of 0.34 feet;
3) THENCE, NORTH 54033'44" 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 corner of the said Simmons tract, and from said point a 1/2" iron rod found
in concrete bears NORTH 35029'48" EAST a distance of 0.46 feet;
4) THENCE, NORTH 35029'48" 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
yi
GIVEN UNDER MY HAND AND SEAL THIS THE'1� DAY OF APRIL 2009.
�•;`sTF rF
Co
Mark W. Whiteley, RPLS #3636 ' TELFE-
��'�J-,rO36 a
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LEGEND
■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT'
0 TXDOT CONTROL MONUMENT
xz PARCEL NUMBER
0 FND PROPERTY CORNER AS NOTED A. WILLIAMS SURVEY
POWER POLE ABSTRACT NO. 385
PROPOSED ROW LINE
EXISTING ROW LINE
PROPERTY LINE
SURVEY LINE
r'n[INTY I TNF
P.O.C. PAR 13
FND 5/8' L ROD
CALLED 0.919 ACRES
ANN MARIE MEDIA44
FEBRL441?Y 8, 2007
CF NO. 2007005515
OPRJC
L H do P LID.
MARCH 19, 2003 .
CF NO. 2003010133
OPRJC
DONALD I. NELSON, et of
FEBRUARY 26, 1997
CF NO. 9705170
OPRJC
PAR 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.* 0Fw�
..........
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MARK W. WHITELEY
AND ASSOCIATES
INCORPORATED
CONSULTING ENGINEERS,
SURVEYORS, AND PLANNERS
S
P. 0. BOX 5492 3250 EASTEX FRWY.
BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703
409-892-0421 (FAX) 409-892-1346
EXISTING
TAKING
REMAINING
ACRES
ACRES S.F.)
ACRES
0. 6804
PARCEL 13,
0. 0259/(1130)
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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;
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 comer 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 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) THENCE, NORTH 80001'58" 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 7705359" 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
Iw:II3"
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 turning to the left having a radius of 1175.92 feet and being subtended by
a chord bearing SOUTH 78042'23" 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 corner 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 corner 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 12024'04" 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 A
GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF JUNE 2009.
aAW
Mark W. Whiteley, RPLS #3636
- J
-'a 3636 �: Q
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LEGEND
■
0
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SET 5/8' I.R. WITH CAP STAMPED 'CITY OF BEAUMONT RDW MONUMENT'
TXDOT CONTROL MONUMENT
PARCEL NUMBER
F"ND PROPERTY CORNER AS NOTED
POWER POLE
PROPOSED ROW LINE
EXISTING ROW LINE
PROPERTY LINE
- - SURVEY LINE
COUNTY LINE
CALLED 0.5357 ACRES
TRACT NO. 2
THE TUCKER FAMILY
LIMIIED PARTNERSHIP
SEPTEMBER 3, 1993
FC NO. 105-03-0899
OPRJC
F. BIGNER SURVEY
ABSTRACT NO. 1
PARENT TRACT
N.T.S.
CONCORD ROAD
CALLED 4.413 ACRES
KEVIN JAMES WILSON
NOVEMBER 13, 1995
CF 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 DESCRIPTION OF THE PARENT TRACT.
SURVEYED FEBRUARY 2009
A PROPERTY DESCRIPTION OF EVEN DATE
ACCOMPANIES T141S PARCEL PLAT.
MARK W. WHITELEY
AND ASSOCIATES
INCORPORATED
CONSULTING ENGINEERS,
SURVEYORS, AND PLANNERS
P. 0. BOX 5492 3250 EASTEX FRWY.
BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703
409-892-0421 (FAX) 409-692-1346
P.O.B.
PARCEL 35
EXISTING
TAKING
REMAINING
ACRES
ACRES S.F.
ACRES
4. 4130.1773/(7725)
PARCEL 35,
0. 1773/( 7725)
4, 2357
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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 62003'58" 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°5748" 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 62004'38" EAST, along the existing Southeast right-of-way line of
Concord Road for a distance of 612.88 feet to a 5/8" 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 26031'07" 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.
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 A
r
GIVEN UNDER MY HAND AND SEAL THIS THEZ.I� DAY OF JUNE 2009.
OF
9 Fi
co ¢ ° 'N.
...1+W.®tJl�?iWl;LEY
Mark W. Whiteley, RPLS #3636 •..`....•.
-•. .� U
LEGEND
■
O
0
SET 5/8' I.R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT"
TXD❑T CONTROL MONUMENT
PARCEL NUMBER
FND PROPERTY CORNER AS NOTED PARENT TRACT
POWER POLE N.T.S.
PROPOSED ROW LINE
EXISTING ROW LINE
PROPERTY LINE -
- SURVEY LINE
COUNTY LINE
CALLED 11.8700 ACRES
WEING4RTEN-TARGET
SEPTEMBER 2,1982
VOL. 14 PG. 111
MRJC
F. BIGNER SURVEY
ABSTRACT NO. 1
CONCORD ROAD
P.O.B. -/
PARCEL 42
CALLED 7.7982 ACRES
TARGET SUBOMSION
JUNE 11, 1981
VOL. 14 PG. 78
MRJC
P.O.0 PARCEL 42
FND. 1/2" I. 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
ACCOMPANIES THIS PARCEL PLAT.
DATE
MARK W. WHITELEY
AND ASSOCIATES
INCORPORATED
CONSULTING ENGINEERS,
SURVEYORS, AND PLANNERS
EXISTING
TAKING
REMAINING
ACRES
ACRES S.F.
ACRES
7. 79820.1467/(6392)
PARCEL 42,
0. 1467/( 6392)
7, 6515
P. 0. BOX 5492 3250 EASTEX FRWY.
BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 S(
409-892-0421 (FAX) 409-892-1348
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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 1800618" 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 comer;
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 37046'51" 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 82029'30 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 5205123" 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
comer;
June 2009
Parcel 47
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 feet to a "pk" nail found in asphalt
for comer, said comer being the East corner 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 27057'48" 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-of-way line of Concord Road;
8) THENCE, NORTH 62003'58" 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 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°00'23" 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 75003'12" 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
GIVEN UNDER MY HAND AND SEAL THIS THE ID DAY OF JUNE 2009.
Mark W.
RPLS #3636
LEGEND
■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT'
0 TXDOT CONTROL MONUMENT
0 PARCEL NUMBER
o 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
P.O.B.
TAKING
Q PARCEL 47
ACRES
0
ACRES
o:
PARCEL 47,
0. 2385/(10390)
W
CALLED 11.8700 ACRES
WEINGARTEN-TARGET
SEPTEMBER 2,1982
VOL 14 PC. II I
MRJC
P.O.0 PARCEL 47 F. BIGNER SURVEY
•FND 1. ROP W\ CAP ABSTRACT NO. 1
STAMPED CARTER'
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.
MARK W. WHITELEY
AND ASSOCIATES
INCORPORATED
rSUR
NSULTING ENGINEERS,
VEYORS, AND PLANNERS
m
3636 arm
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s i�
S U
P. 0. BOX 5492 3250 EASTEX FRWY.
BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703
409-892-0421 (FAX) 409-892-1346
CALLED 7 798 ACRES
TARGET SUBOMSION
JUNE 11, 1981
VOL 14 PG. 78
MRJC
EXISTING
TAKING
REMAINING
ACRES
ACRES S.F.
ACRES
11. 8700
PARCEL 47,
0. 2385/(10390)
11. 6315
PARCEL PLAT
SHOWING
PARCEL 47
CONCORD ROAD JEFFERSON COUNTY
SCALE 1" = 50' JUNE 2009
SHEET 4 OF 6
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December 6, 2011
Consider approving the purchase of five patrol vehicles for use by the Police Department
RICH WITH OPPORTUNITY
BEAUMON-*
T• E 0 X* A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Office
December 6, 2011
Council consider approving the purchase of five (5) patrol
vehicles for use by the Police Department.
RECOMMENDATION
The administration recommends approval of the purchase from Philpott Motors of Nederland in
the amount of $133,928.
BACKGROUND
Pricing for the equipment was obtained through the Houston -Galveston Area Council. H -GAC
is a cooperative purchasing association providing cities and political subdivisions with the means
to purchase specialized equipment at volume pricing. H -GAC complies with the State of Texas
procurement statutes. The purchase price of $133,928.00 includes the H -GAC administrative fee
of $600.
The Police Department's Patrol Division is in need of additional vehicles to bring the patrol fleet
to an adequate level due to several factors. First, overlapping shifts within the Patrol Division
will sometimes result in a shortage of vehicles for patrol. Also, organizational changes have
resulted in reassignment of some units previously designated for patrol. Finally, the current
reserve of units is not sufficient to cover units that are unavailable due to accidents, repairs and
routine maintenance.
The new vehicles are 2011 Ford Crown Victorias with the police package. Standard warranties
of 36,000 miles or three (3) years are provided for each new vehicle. The warranty service is
provided by the local authorized dealership. Delivery is expected within thirty (30) days.
BUDGETARYIMPACT
Funds are available in the Capital Reserve Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to approve the purchase of five
(5) patrol vehicles for use by the Police Department from Philpott Motors, of Nederland,
Texas, in the amount of $133,928 through the Houston -Galveston Area Council (H -GAC)
Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
December, 2011.
- Mayor Becky Ames -
1
■
11
December 6, 2011
Consider approving the FHAST, authorizing the submission of a Community Development Block
Grant application to the Texas General Land Office for Hurricane Ike, Round 2.2 funds and to
authorize the City Manager to act as the City's Executive Officer in the Program
BICE WITH OPPORTUNITY
BEAU111190-N*
T - E - % - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Chris Boone, Community Development Director
December 6, 2011
Council conduct a Public Hearing to receive
comments on the City of Beaumont's Fair Housing
Activity Statement -Texas (FHAST) and consider a
resolution approving the FHAST, authorizing the
submission of a Community Development Block
Grant application to the Texas General Land Office
for Hurricane Ike, Round 2.2 funds and to authorize
the City Manager to act as the City's Executive
Officer in the Program.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
In the aftermath of Hurricane Ike, Beaumont, like many other coastal communities
sustained widespread damage. In an effort to recover from that damage, Community
Development Block Grant (CDBG) funds were allocated to those areas affected. These
funds include housing, which are administered by the Councils of Government, and non-
housing funds, which are provided to each community and administered by the General
Land Office (GLO).
To date, the City has received $4.3M in Round 1 and $11.5M in Round 2.1 of the non-
housing funding. Non housing projects awarded in Round 1 were Riverfront Bank
Stabilization and Cartwright/Corley Drainage Improvements. The project awarded in
Round 2.1 was South Park Drainage system improvements.
In order to receive funds in Round 2.2, additional requirements must be met. These
requirements are the result of complaints filed by housing advocacy groups, criticizing
the allocation of disaster recovery funding. As a result, all applicants must complete and
adopt a Fair Housing Activity Statement -Texas (FHAST). As you are aware, fair
housing laws require that the City be responsive to housing discrimination.
Hurricane Ike Disaster Recovery
December 6, 2011
Page 2
In addition, the laws also require that as a recipient of federal funding, we proactively
work to identify any impediments to provision of decent, safe and affordable housing.
An example of such an impediment would be a zoning ordinance with a minimum lot
size so large that it would preclude smaller, more affordable homes within the
community. As an entitlement city and a regular recipient of CDBG and other federal
funding, this analysis of impediments to fair housing is something that is regularly
conducted by the City. However, because of the complaint filed, the FHAST analysis of
impediments is an additional review that is required.
In order to comply, a FHAST Work Group met on September 7, 2011 to review the draft
FHAST document. The document was submitted to GLO and, with amendments, the
draft was approved by the GLO on October 28, 2011. Following this, a Public Hearing to
take input on the final FHAST was conducted on November 28, 2011 and a second
Public Hearing is being conducted at today's meeting. With the adoption of the FHAST,
the final document will be submitted along with the application for Round 2.2 funding for
the following projects:
• $7M for a centrally -located Health Clinic
• $2.4M for a new fire station at 5020 Helbig Rd.
• $2.8M for street and drainage improvements to Magnolia Avenue from Gill St. to
E. Lucas
• $6.8M for street and drainage improvements to Avenue A from Washington Blvd.
to Cardinal Dr.
Also, the City Manager should be designated to act as the City's Executive Officer and
Authorized Representative in all matters pertaining to the City's participation in the
Community Development Program.
BUDGETARY E"ACT
Some funds have already been expended for preliminary design for the street projects.
This will be highlighted in the resolution and application as a demonstration of our
commitment to the projects. Architectural fees for the fire station will be funded by the
City. Street and drainage design fees in the amount of $1.2M have been expended and
are not eligible for reimbursement. Although no local match is required, the total grant
award is $18,453,283.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS,
APPROVING ITS FAIR HOUSING ACTIVITY STATEMENT—TEXAS (FHAST);
AUTHORIZING THE SUBMISSION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM APPLICATION TO THE TEXAS GENERAL LAND OFFICE
FOR THE DISASTER RECOVERY FUND, HURRICANTE IKE, ROUND 2.2; AND
AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE
OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS
PERTAINING TO THE CITY 'S PARTICIPATION IN THE COMMUNITY
DEVELOPMENT PROGRAM.
WHEREAS, the City Council of the City of Beaumont desires to develop a viable urban
community, including decent housing and a suitable living environment and expanding
economic opportunities, principally for persons of low/moderate income; and
WHEREAS, the City Council supports and affirmatively furthers fair housing; and
WHEREAS, the City needs funds to recover from damage and failure to function during
and after Hurricane Ike;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BEAUMONT, TEXAS:.
1. That the City's Fair Housing Activity Statement—Texas (FHAST) is hereby approved
by the City Council.
2. That a Community Development Block Grant Program Application for the Disaster
Recovery Fund, Hurricane Ike, Round 2.2 is hereby authorized to be filed on behalf of
the City with the Texas General Land Office.
3. That the City Council directs and designates the City Manager as the City 's Chief
Executive Officer and Authorized Representative to act in all matters in connection
with this application and the City 's participation in the Community Development
Block Grant Program, Disaster Recovery Fund, Hurricane Ike, Round 2.2.
4. That it further be stated that the City of Beaumont is committing $2M from its Capital
Program to Round 2.2 Disaster Recovery Program projects.
Passed and approved this day of , 2011.
Mayor
,City Secretary
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BEAUMONT, TEXAS, APPROVING ITS FAIR HOUSING
ACTIVITY STATEMENT—TEXAS (FHAST); AUTHORIZING THE
SUBMISSION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM APPLICATION TO THE TEXAS GENERAL
LAND OFFICE FOR THE DISASTER RECOVERY FUND,
HURRICANE IKE, ROUND 2.2; AND AUTHORIZING THE CITY
MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND
AUTHORIZED REPRESENTATIVE IN ALL MATTERS
PERTAINING TO THE CITY'S PARTICIPATION IN THE
COMMUNITY DEVELOPMENT PROGRAM.
WHEREAS, the City Council of the City of Beaumont desires to develop a viable
urban community, including decent housing and a suitable living environment and
expanding economic opportunities, principally for persons of low/moderate income; and,
WHEREAS, the City Council supports and affirmatively furthers fair housing; and,
WHEREAS, the City needs funds to recover from damage and failure to function
during and after Hurricane Ike;
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,
1. That the City's Fair Housing Activity Statement—Texas (FHAST) is hereby approved
by the City Council.
2. That a Community Development Block Grant Program Application for the Disaster
Recovery Fund, Hurricane Ike, Round 2.2 is hereby authorized to be filed on behalf
of the City with the Texas General Land Office.
3. That the City Council directs and designates the City Manager as the City's Chief
Executive Officer and Authorized Representative to act in all matters in connection
with this application and the City 's participation in the Community Development
Block Grant Program, Disaster Recovery Fund, Hurricane Ike, Round 2.2.
4. That it further be stated that the City of Beaumont is committing $2M from its Capital
Program to Round 2.2 Disaster Recovery Program projects.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
December, 2011.
- Mayor Becky Ames -
ATTEST:
CITY SECRETARY