HomeMy WebLinkAboutRES 74 2267q-- p_�z_6
R E S O'L'U'T'I'O N
WHEREAS, the City Council of The City of Beaumont deems it necessary
to open, locate, construct, maintain and extend a street to be ]mown as
Phelan Boulevard in The City of Beaumont, Jefferson County, Texas; and,
WHEREAS, said City Council has found that public necessity requires
the opening, location, construction, maintenance and extension of said
street on the hereinafter described property; and,
WHEREAS, said City Council deems it necessary to acquire the herein-
after described interest in and to the hereinafter described property for
said opening, location, construction, maintenance and extension of said
street, and the said City Council has found and determined that the said
interest in and to the hereinafter described land is suited for such pur-
poses and that it is necessary to acquire same for said purposes; and,
WHEREAS, The City of Beaumont, through its duly authorized repre-
sentatives, has negotiated with the owners of the hereinafter described
land and has been unable to agree with the owners of such property as to
the fair cash value thereof and damages, if any, NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT, TEXAS:
that Kenneth Wall, City Attorney, be, and he is hereby, authorized and
directed to file or cause to be filed against all owners of the hereinafter
described property, and claimants of interest therein, Proceedings in Eminent
Domain to acquire fee title, for said purpose, in and to the following de-
scribed parcel of land situated in Beaumont, Jefferson County, Texas to -wit:
BEING a portion of the H. Williams League in Beaumont,
Jefferson County, Texas and being a portion of that
tract conveyed by Exie Edwards Brockhoeft, et vir, to
Anthony A. Fertitta, et al, by Deed dated 23 October,
1967 and being recorded in Volume 1522 Page 10 of the
Deed Records of Jefferson County, Texas and said tract
of land herein conveyed being more particularly described
by metes and bounds as follows:
BEGINNING at an old iron pipe found in the Southeast
right-of-way line of the now abandoned Missouri Pacific
Railroad right-of-way and in the West line of Goodhue
Drive locating the Northeast corner of the Anthony A.
THENCE South 2 degrees 22 minutes 58 seconds East with
the East line of the Fertitta tract and the West line
of the Goodhue Drive 26.82 feet_to a 1 inch galvanized
iron pipe placed for corner;
THENCE South 57 degrees 47 minutes 22 seconds West
216.91 feet to a 1 inch galvanized iron pipe placed
for corner;
THENCE South 64 degrees 23 minutes West 270 feet to a
1 inch galvanized iron pipe placed for corner in the
east line of Peyton Drive;
THENCE North 25 degrees 37 minutes West with the East
line of Peyton Drive and the West line of the Fertitta
tract of land 50 feet, said point being in the Southeast
right-of-way line of the now abandoned Missouri Pacific
Railroad right-of-way locating the Northwest corner of
the-Fertitta tract of land;
THENCE North 64 degrees 26 minutes 08 seconds East with
the NW line of the Fertitta tract 496.07 feet to the
point for corner in the West line of Goodhue Drive,
PLACE OF BEGINNING;
CONTAINING 0.496 acres of land more or less.
PROVIDED, however there is excluded from said estate to be condemned
and reserved to the owners thereof all of the oil, gas and sulphur beneath
said land; and, provided further, that the rights of access, ingress and
egress to or from the said Phelan Boulevard of the remaining premises of
defendants shall be condemned.
PROVIDED, however, that if the Legal Department should determine that
additional lands -,included in the herein referenced project belong to the
owners of the herein described parcel or, tract of land, then in that event,
the Legal Department is directed to negotiate with said owners at an ap-
proved estimate of value of such additional lands and, if such negotiations
should fail, to include such additional lands in said Proceedings in Eminent
Domain, and, since the determination of ownership of such additional lands
is one necessitating expertise of law, such determination is herein delegated
to the City Attorney.
PASSED BY THE CITY COUNCIL this the �I1 day of 011,np 1974.
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