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Home My WebLink AboutPR 12018: PROPERTYINTER OFFICE To: Mayor, From: Mark T. Subject: P.R. No. Date: December MEMO City Council & City Manager Sokolow, City Attorney /q~<~w~%~_../ 12018 Council Meeting December 10, 2002 3, 2002 Attached is P.R. No. 12018 pertaining to Lots 1, 2, 3 and 7, Block 1, Schmyser 3. MTS/ts Attachment cc: VIA FACSIMILE (409) 983-5906 James DeLee Attorney At Law z .pr12018 .memo P. R. No. 12018 12/03/02 ts RESOLUTION NO. A RESOLUTION PERTAINING TO LOTS 7, BLOCK 1, SCHMYSER 3 1601-591.81-00 CIP 909) WHEREAS, the City Exhibit UA" as to Lots NOW THEREFORE, BE 1, 2, 3 AND (Account No.' 301- obtained an award as delineated in 1, 2, 3 and 7, Block 1, Schmyser 3. 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 $42,025 in the registry of the Court as to take possession of this property, Property Code. Section 3. That a Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of , A.D., 2002, at a Regular Meeting of the City of the City of Port Arthur, Texas, by the following pursuant to Section 21.021 of the copy of the caption of this Council vote: AYES: Mayor Counc i lmembe r s z.pr12016 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 Z. pr12018 EXHIBIT "A" 1~/19/2~02 03:45 40~B392354 CQCLE~K P&~ ~ THE CITY OF PORT ART~u~ pLAINTIFF VS. SPENCEK COMEAUX AND CECILIA SINGLETON, DEFENDANTS AWARD OF NO. S 95531 PROCEEDINGS IN EMINENT DOMAIN COUNTY COUKT AT LAW NO. I J~FFEKSON COUNTY, TEXAS SPECIAL COMMISSIONERS TO SAID HONORABLE JUD~E~ On the 19th 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 o~ 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 DefendantS, 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 Co 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 15th 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, 3 and 7, Block 1, schmyser 3 and made a part hereof for all purposes, situated within the corporate limits of the city of Port Arthur, JefferSOn County, Texas. disinterested Commissioners property. II. 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 24~h day of October, 2002, appoint Joseph simpson, Mike simon and Lyuuda Kay Makin, three (3) freeholders of Jefferson County, Texas, as Special to assess the damages caused by the taking of said III- That thereafter, said Special Commissioners, such, each taking the oath prescribed by law, a~ on file with the papers in this Cause. IV. That after having so qualified, duly qualified which oaths are said Special commissioners, by written order, designated and appointed the 19th 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 Defendants, Spencer Comeaux, who claims full and sole title to Lot 3 and 7, Block 1, Schrayser, and Cecilia singleton, who claims full and sole title to Lots 1 and 2, Block 1, Schmyser 3, were duly and properly served with notice of the time o~ the hearing and place of the hearing. VI. That on the 19tn day of Noveraber, 2002, said Special Commissioners did convene and the following named parties appeared in person or by their attorneys or representatives: City of Port Arthur, Spencer Comeaux and Cecilia Singleton. 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 o~ the taking of said fee simple title, and after hearing and considering such evidence, said Special Commissioners did find and determine and accordingly access 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 among the Defendants as follows: LOtS 1 -_"_4 2 and ~m.~rovements, Block l, scl~lysm~ 3__~ · Value set at $ -TdO 0 · TO the owner, Cecilia singleton, the sum of $~_~_~. Lot 3 and improv~ents, Block 1, 9~hsl~ser 3: · Value set at $ ~/~0~ · To the owner, Spencer Comeaux, the sum of $~. · To the lien holder, City o£ Port Arthur, the sum of ~o~ 7 and ~m~rO~.~nts, Block $__~0_~__ to repay the city for the principal and interest due on the labor liens. Va~ue set at TO the owner, Spencer comeaux, the sum Of $ ~_.fc~ To the lien holder, City of Port Arthur, the sum of $ ~, ~)~) to repay the city for the principal and interest on the labor 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. this ~ke -S~imo n Kay Mak~ FILED NOV 8ANDY WALKER The ~oregoing Award of Commissioners was filed with me on the ~ day of ~~, 2002. After oonsideration, it is ORDZRID that each Commissioner receive the sum Of $ for his service in thi~ Proceeding. Judge of ~e County Court of Jefferson¥~County, Texas, at Law, No,