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HomeMy WebLinkAboutRES 90-057 R E S O L U T I O N WHEREAS, Banker's Investment Corporation tendered a 10 foot storm foot sewer easement and a 20 foot temporary working easement as recorded in the Deed Records of Jefferson County, Texas, Film Code #103 08 1152 and Film Code #103 08 1155; and, WHEREAS, Banker's Investment Corporation sold the property to Dr. Jerry D. Clark; and, WHEREAS, Dr. Clark has requested a relocation of the easements approximately 15 feet to the north; and, WHEREAS, the City of Beaumont has agreed to such relocation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT said original easements recorded in the Deed of Records of Jefferson County, Texas, Film Code # 103 08 1152 and Film Code #103 08 1155, be, and the same are hereby abandoned. BE IT FURTHER RESOLVED that the 13 foot storm sewer easement and 20 foot temporary construction easement, tendered by Dr. Jerry D. Clark for relocation purposes, attached hereto as Exhibit "A", be, and the same are hereby, in all things accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the .L day of , 1990. - Mayor - Pro Tem 6`7 -- 3 RD STORM SEWER EASEMENT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X That Clarkfam, Ltd., a Texas Limited Partnership, hereinafter called Grantor, for and in consideration of the sum of TEN DOLLARS AND NO/100 ($10.00), 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, the receipt and sufficiency of which consideration is hereby acknowledged has GRANTED and CONVEYED and by these presents does GRANT and CONVEY unto the said City of Beaumont its successors and assigns, a storm sewer easement and the right to construct, alter, and maintain a storm sewer out of a tract of land known as Tract 3, Block L of T. H. Langham Estate, H. Williams League, Abstract 56, in Beaumont, Jefferson County, Texas, more particularly described as follows, to wit: Being a thirteen foot (13') wide storm sewer easement out of a 5.19 acre tract of land, said tract conveyed to Clarkfam, Ltd., a Texas Limited Partnership by deed dated March 9, 1990, and recorded under Film Code #103 08 1160 of the Deed Records of Jefferson County, Texas, and being out of the Hezekiah Williams League, Abstract 56. Commencing at the northwest corner of the intersection of Pan Street and Futura Lane right of way line in the Tangledahl Addition as recorded in Volume 9, Page 110 of the Map Records of Jefferson County, Texas. THENCE South 01 degrees 51 minutes 46 seconds East, a distance of four and fifteen hundredths feet (4.15') to a point, said point being the most Northeast corner of said thirteen; foot (13') wide easement and also being the POINT OF BEGINNING; THENCE South 01 degrees 51 minutes 46 seconds East, a distance of thirteen feet (13') to a point, said point also being the most southeast corner of said thirteen foot (13') wide easement; Page 1 of 3 Exhibit "A" THENCE South 89 degrees 59 minutes 03 seconds West, a distance of one hundred eighty-one and fifty hundredths feet (181.50') to a point for corner in the east Right-of-way line of Hillebrandt Bayou; THENCE North 01 degrees 42 minutes 52 seconds East, along the said east Right-of-way line of the Hillebrandt Bayou for a distance of thirteen'and three hundredths feet (13.03') to a point for corner; THENCE North 89 degrees 59 minutes 03 seconds East, a distance of one hundred eighty and sixty-nine hundred feet (180.69') to a point for corner, said point also being the northeast corner of said easement and also being the PLACE OF BEGINNING. Containing in area 2,354.258 square feet, more or less It is expressly understood and agreed that the Grantee shall have the right of ingress to and egress from the above described easement as well as beneath and below the surface of the above described easement for the aforesaid purposes of this easement. TO HAVE AND TO HOLD the above described easement unto the said CITY OF BEAUMONT, Jefferson County Texas, its successors and assigns forever. EXECUTED this day of Y ► 1990. CLARKFAM, LTD. i Karen L. Clark ITS: General Partner Page 2 of 3 PARTNERSHIP ACKNOWLEDGEMENT THE STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on by Karen L. Clark, General Partner of Clarkfam, Ltd., a Texas Limited Partnership. NOTARY P BLIC, STATE OF TEXAS MARMET DE BM 'NA(J. m'ca&&* 1 1-92 TYPED PRINTED NAME OF NOTARY Fammup"WWWW" -1 My Commission expires: I I v+ Page 3 of 3 TEMPORARY CONSTRUCTION EASEMENT THE-STATE OF TEXAS X COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS: That Clarkfam, Ltd., a Texas Limited Partnership,hereinafter called Grantor, for and in consideration of the sum of ONE DOLLAR AND N01100 ($1.00), 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, the receipt and sufficiency of which consideration is hereby acknowledged, does GRANT and CONVEY unto the said City of Beaumont, its successors and assigns, a temporary right, privilege, and temporary easement for construction purposes in, over and across that certain tract of land owned by Grantor situated in the City of Beaumont, Jefferson County, Texas, said temporary easement and the tract or parcel of land out of which said temporary easement is conveyed being more particularly described as follows, to-wit: Tract 3, Block L, T. H. Langham Est., H. Williams League, Abstract 56, being twenty feet (20') wide and located twenty feet (20') north of and parallel to a thirteen foot (13') storm sewer easement as conveyed to the City of Beaumont, copy of which is attached as Exhibit "A". The temporary easement herein granted shall be used for the purpose of installing a storm sewer and appurtenances in the said permanent thirteen foot (13') storm sewer easement upon the condition that at all times, after performing any work in connection with said easement, the City of Beaumont or its agents will grade to natural grade said twenty foot (20') area. This temporary construction easement shall expire upon the successful completion of the project and the following rights are also hereby conveyed: Page 1 of 2 It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the above-described tract of land of the Grantor described in the above-described easement for the aforesaid purposes of this easement. EXECUTED this day of 4or 6' I , 1990. CLARKFAM, LTD. BY: Karen L. Clark ITS: General Partner PARTNERSHIP ACKNOWLEDGEMENT THE STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on � � U by Karen L. Clark, General Partner of Clarkfam, Ltd., a Texas Limited Partnership. I I � N L' otary Public, tate of Texas _ • Typed or nted Name of WMAFV DE a= f '�•«'�'� M �""t �-9 Notary My Commission expires: —H—q 2 Page 2 of 2