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HomeMy WebLinkAboutPR 12017: PROPERTYINTER OFFICE TO: Mayor, From: Mark T. Subject: P.R. No. 12017 Council Date: December 3, 2002 MEMO City Council & City Manager Sokolow, City Attorney /f~-~/Z'~~g~-~ Meeting December 10, 2002 Attached is P.R. No. 12017 and 3, Block 2, Schmyser 3. MTS/ts Attachment pertaining to Lots 1, 2 CC: Pamela Graham 819 DeWalt Boulevard Port Arthur, TX 77640-1409 z. pr12017, memo P. R. No. 12017 12/03/02 ts RESOLUTION NO. A RESOLUTION PERTAINING TO LOTS 1, 2 AND 3, BLOCK 2, SCHI~YSER 3 (ACCOUNT NO. 301z1601- 591.81-00 CIP 909) WHEREAS, the City obtained an award as delineated in Exhibit "A" as to Lots 1, 2 and 3, Block 2, Schmyser 3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS= Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Attorney is herein authorized to deposit $8,000 in the registry of the Court as to take possession of this property, Property Code. Section 3. That a pursuant to Section 21.021 of the copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of , A.D., 2002, Council of the City of Port vote: AYES: Mayor Counc i lmembe r s at a Regular Meeting of the City Arthur, Texas, by the following NOES: ATTEST: MAYOR CITY SECRETARY APPROVED AS TO FORM.- CITY 'ATTORNEY APPROVED FOR ADMINISTRATION= CITY MANAGER APPROVED AS TO THE AVAILABILITY OF FUNDS: DIRECTOR OF FINANCE EXHIBIT "A" THE CITY OF PORT ARTHUR PLAINTIFF vs. PAMELA GRAHAM DEFENDANT NO. 95532 PROCEEDINGS IN EMINENT DOMAIN COUNTY COURT AT LAW NO. 1 JEFFERSON COUNTY, TEXAS AWARD OF SPECIAL COMMISSIONERS TO SAID HONORABLE ~uDGE: On the 26th day of November, 2002, in the City of Beaumont, Jefferson County, Texas, the above-styled Proceedings in Eminent Domain came on to be heard before the undersigned three (3) disinterested freeholders of Jefferson County, Texas, heretofore appointed as Special Commissioners by the Judge of the County Court at Law, No. 1, of Jefferson County, Texas, to assess the damages occasioned by these Proceedings, and came the Plaintiff, the City of Port Arthur, a municipal corporation situated in Jefferson County, Texas, acting herein by and through its duly authorized attorney of record, by virtue of seeking certain lands for street right-of-way purposes in the City of Port Arthur, Jefferson County, Texas, and came also Defendant, Pamela Graham, through proceedings in Eminent Domain, with fee simple title thereto.vesting in the City of Port Arthur, save and except all oil, gas and sulphur beneath said land, with no right remaining in the owner of said oil, gas and sulphur of ingress or egress to and from the surface of said land for the purpose of exploring, developing, drilling or mining said minerals, same to be paid for by the City, a true and correct copy of which statement is made a part hereof, and to which reference is here made for description of the land involved in the proceedings and for a statement of the public purpose for which said land is being acquired, and all other legal purposes. I. That on the 15tn day of October, 2002, the City of Port Arthur, Plaintiff, filed a written statement which was amended on October 31, 2002 with the Judge of the County Court of Jefferson County, Texas, at Law, No. 1, wherein, upon the facts and for the purposes therein stated, it sought judgment vesting in the City of Port Arthur, fee simple title to certain land, for the purpose of seeking certain lands for street right-of-way purposes in the City of Port Arthur save and except all oil, gas and sulphur beneath said land, with no right remaining in the owner of said oil, gas and sulphur of ingress or egress to and from the surface of said land for the purpose of exploring, developing, drilling or mining of same, said land described as Lots 1, 2 and 3, Block 2, Schmyser 3 and made a part hereof for all purposes, situated within the corporate limits of Jefferson County, Texas. II. the City of Port Arthur, That upon consideration of said written statements so filed by Plaintiffs, the Judge of the County Court of Jefferson County, Texas, at Law, No. 1, did, on the 24th day of October, 2002, appoint Ed Sigee, Ray Scroggs and Gertrude Cherry, three (3) disinterested freeholders of Jefferson County, Texas, as Special Commissioners to assess the damages caused by the taking of said property. III. That thereafter, said Special Commissioners, duly qualified as such, each taking the oath prescribed by law, which oaths are on file with the papers in this Cause. IV. That after having so qualified, said Special Commissioners, by written order, designated and appointed the 26th day of November, 2002, at 9:00 o'clock a.m. at the Courtroom of the County Court at Law, No. 1, Jefferson County, Texas, as the date and place for hearing said statement and parties, said date being the earliest practicable time and such place being in the County in which the land or a part thereof is situated. V. That on the 24th day of October, 2002, said Special Commissioners issued written notice of such date and place of hearing and the Defendant, Pamela Graham, who claims full and sole title to Lots 1, 2 and 3, Block 2, Schmyser 3, was duly and properly served with notice of the time of the hearing and place of the hearing. VI. That on the 26th day of November, 2002, said Special Commissioners did convene and the following named parties appeared in person or by their attorneys or representatives: City of Port Arthur and Pamela Graham. The parties announced ready for such hearing, and said Special Commissioners proceeded to hear evidence as to the damages which will be sustained by the owner or owners by reason of the taking of said fee simple title, and after hearing and considering such evidence, said Special Commissioners did find and determine and accordingly assess damages to be paid by the City of Port Arthur, according to Chapter 21, Subchapter C, Property Code of the Revised Civil Statutes of Texas, and that the foregoing sums should be apportioned as follows: Lots 1, 2 and 3, Block 2, Schmyser 3: · Value set at $ ~/~ · To the owner, Pamela Graham, the sum of $~¢~} · To the lien holder, City of Port Arthur, the sum of $ -~ O ~ to repay the City for the principal and interest due on the labor and paving liens. vii. We herein award the above-described land and the fee simple title thereto to the City of Port Arthur for the named public purpose, with full and complete right, use and possession thereof, and we hereby adjudge all costs of this proceeding against the Plaintiff. RENDERED this day of ~-'~~ , 2002. ~ertrude Cherry The foregoing Award of Commissioners was filed with me on the __ day of , 2002. After consideration, it is ORDERED that each Commissioner receive the sum of $ for his service in this Proceeding. Judge of the County Court of Jefferson County, Texas, at Law, No. 1