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HomeMy WebLinkAboutRES 06-004 RESOLUTION NO. 06-004 WHEREAS, CNMK Texas Properties, Ltd. has conveyed a ten-foot (10') Water Line Easement, as described on Exhibits "A" and "B" attached hereto, to the City of Beaumont for the purpose of providing access for fire prevention services; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by CNMK Texas Properties, Ltd. as described on Exhibits "A" and "B" be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of January, 2006. AV Aw 1 C - Mayor Guy N. Goodson - EXHIBIT "A" Legal Description: 0.4340 Acre Water Utility Easement Out of and Part of Lot 1 A Amended Plat of Cinemark Addition Volume 16, Page 62,Map Records Charles Williams Survey,Abstract No. 59 Beaumont,Jefferson County, Texas BEING a 0.4340 Acre Water Utility Easement situated in the Charles Williams Survey, Abstract No. 59, Jefferson County, Texas and being out of and part of Lot 1A of the Amended Plat of Cinemark Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 16, Page 62, Map Records, Jefferson County, Texas, said 0.4340 Acre Water Utility Easement being more particularly described as follows: NOTE: All bearings are based on the North line of that certain called 1.5273 acre tract of land as recorded in Clerk's File No. 2004047754, Official Public Records of Real Property, Jefferson County, Texas as SOUTH 8923'12"EAST COMMENCING at a 5/8" iron rod with a cap found for the Northeast comer of the said Lot IA, said corner also being an interior ell comer of Tract IV B of the Second Amended Plat of Amended Ferguson Development Park, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 16, Page 296, Map Records, Jefferson County, Texas and also being the Northwest corner of that certain called 1.5709 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from Cinemark USA, Inc to Bharat Patel as recorded in Clerk's File No. 2001012289, Official Public Records of Real Property, Jefferson County, Texas and the Southwest corner of that certain called 1.8966 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from Cinemark USA, Inc to Ajeshkumar H. Patel as recorded in Clerk's File No. 2001012290, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 00 037'03" WEST, for the boundary between the said Lot lA and the said Tract 1VB,the same being the West Iine of the said 1.5709 acre Bharat Patel tract, for a distance of 204.95 feet to a 5/8" iron rod found for corner, said corner also being the Southeast corner of the said 1.5709 acre Bharat Patel tract and the Northwest corner of that certain called 1.5273 acre tract of land as described in a "Special Warranty Deed with Assigned Vendor's Lien" from Jack Patel to Vishwas Enterprises, L.P. as recorded in Clerk's File No. 2004047754, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 00°36`33" WEST, continuing for the boundary between the said Lot 1A and the said Tract IV B, the same being the West line of the said 1.5273 acre Vishwas Enterprises, L.P. tract, for a distance of 172.76 feet to the POINT OF BEGINNING of the tract herein described; EXH MIT"A" Pagel of 4 MARK W. WHITELEYAND ASSOCIATES,INC. THENCE SOUTH 00 036'33" WEST, continuing for the boundary between the said Lot IA and the said Tract IV B, for a distance of 10.00 feet to a point for corner; THENCE NORTH 89023'27" WEST, over and across the said Lot 1A, for a distance of 34.78 feet to a point for corner; THENCE NORTH 44023'27" WEST, over and across the said Lot IA, for a distance of 7.39 feet to a point for corner; THENCE SOUTH 41039'54" WEST, over and across the said Lot IA, for a distance of 52.96 feet to a point for corner; THENCE SOUTH 47029'49" EAST, over and across the said Lot IA, for a distance of 24.69 feet to a point for corner; THENCE SOUTH 42030'11" WEST, over and across the said Lot IA, for a distance of 10.00 feet to a point for corner; THENCE NORTH 47029'49" WEST, over and across the said Lot IA, for a distance of 24.55 feet to a point for corner; THENCE SOUTH 41039'54" WEST, over and across the said Lot IA, for a distance of 442.45 feet to a point for corner; THENCE NORTH 48018'18" WEST, over and across the said Lot IA, passing at a distance of 431.69 feet a 5/8" 'iron rod (bent) found for an interior ell corner of said Lot IA and also being the most Easterly corner of Lot 5 of the Replat of Cinemark Addition, a subdivision of the City of Beaumont, Jefferson County, Texas recorded in Volume 15 Page 297, Map Records, Jefferson County, Texas, and continuing for a total distance of 607.29 feet to a point for corner, said corner being in the Southeasterly right-of-way line of Interstate Highway No. 10; THENCE NORTH 31043119" EAST, continuing for the boundary between the said Lot lA and the said Southeasterly right-of-way line of Interstate Highway No. 10,for a distance of 10.15 feet to a point for corner; THENCE SOUTH 48018'18" EAST, over and across the said Lot 1A, for a distance of 363.88 feet to a point for corner; THENCE NORTH 39059'35" EAST, over and across the said Lot 1A, for a distance of 39.13 feet to a point for corner; THENCE SOUTH 50000'25" EAST, over and across the said Lot 1A, for a distance of 10.00 feet to a point for corner; EXHIBIT"A" Page 2 of 4 MARK W. WHITELEYAND ASSOCIATES,INC. THENCE SOUTH 39 059'35 WEST, over and across the said Lot 1A, for a distance of 39.42 feet to a point for corner; THENCE SOUTH 48018'18" EAST, over and across the said Lot 1A, for a distance of 225.17 feet to a point for corner; THENCE NORTH 41 039'54" EAST, over and across the said Lot IA; for a distance of 516.39 feet to a point for corner; THENCE NORTH 48 019'50" WEST, over and across the said Lot 1A, for a distance of 224.55 feet to a point for corner; THENCE SOUTH 43 025'56" WEST, over and across the said Lot IA, for a distance of 36.72 feet to a point for comer; THENCE NORTH 46 034'04" WEST, over and across the said Lot IA, for a distance of 10.00 feet to a point for corner; THENCE NORTH 43 025'56" EAST, over and across the said Lot lA, for a distance of 36.41 feet to a point for corner; THENCE NORTH 48019'50" WEST, over and across the said Lot lA, for a distance of 382.48 feet to a point for corner, said corner being in the Southeasterly right-of-way line of Interstate Highway No. 10; THENCE NORTH 41 040'22" EAST, continuing for the boundary between the said Lot IA and the said Southeasterly right-of-way line of Interstate Highway No. 10, for a distance of 10.00 feet to a point for corner; THENCE SOUTH 48 019'50"EAST, over and across the said Lot IA, at a distance of 10.79 feet pass a calculated corner in the southwesterly boundary line of Lot 3A and continuing for the boundary between the said Lot IA and the said Lot 3A at a distance of 214.62 feet pass a scribed 'W' in concrete found for an interior ell corner of Lot IA and also being the most southerly corner of the said Lot 3A, and continuing over and across the said Lot IA for a total distance of 627.04 feet to a point for corner; THENCE SOUTH 41039'54" WEST, over and across the said Lot 1A, for a distance of 20.97 feet to a point for corner; THENCE SOUTH 44 023'27" EAST,over and across the said Lot lA, for a distance of 3.94 feet to a point for corner; EXHIBIT"A" Page 3 of 4 MARK W. WHITELEYAND ASSOCIATES,INC. THENCE SOUTH 89 023'27" EAST, over and across the said Lot IA, for a distance of 30.63 feet to the POINT OF BEGINNING and containing 0.4340 ACRES,more or less. Surveyed on August 10, 2005 by Thomas S. Rowe, RPLS No. 5728. This legal description is being submitted along with a plat based on this survey(see EXHIBIT "B"). Off•T� Co .- THOMAS S:RCfWE 72 58 ���. Thomas S. Rowe, RPLS No. 5728 72�; s S 1 y0 SU�t W A2005t05-503105.503M&B.DOC EXHIBIT"A" Page 4 of 4 MARK W. WHITELEYAND ASSOCIATES,INC. LINE BEARING DISTANCE L14 S 39159'35" W 39.42' Ll S 00'36.33" W 10.00' L15 S 48'18'18' E 225.17' ����� L2 N 89'23'27" W 34.78 L16 N 41'39'54" E 516.39' rpj��'"O�� L4 S 41'39'54" W 52.96' L16 S 43'25'56° W IN 236.72' � ��� L5 S 47'29'49" E 24.69' L19 N 46'34'04" W .10.00' W" L6 S 42'30'11" W 10.00' L20 -Ni-4 3-2 5 56" E 36.41 PO L7 L7 N 47'29'49' W 24.55' L21 N 48'1950" W 382.48' L8 S 41'39'54" W 442.45' L22 N 41'40'22" E 10.00' L9 N 48'18'18" W 607.29' L23 S 48'19'50" E 627.04' L10 N 31'43'19" E 10.15' L24 S 41'39'54" VF- 20.97' c p� yti Ltt S 48'18'18" E 363.88' L25 S 44'23'27" E 3.94' \ �L6 10' L12 N 39'59'35" E 39.13' 1 L26 S 89'23'27" E 30.63' CALLED 1.5709 ACRES FS Q• 1 I --- L13 -S 50'00'25" E --- 10.00 BHARAT PATEL °Q 6' L L4r Ua CF N0. 2001012289 �'S Py�,y�yp 16 - -------- ----------------------- OPRJC V ���ryo�Ga1 .�1�ti 1 �5--------------------------------------- ---------, E 'A. °Q 6�� �. 0.4340 ACRE WATER U � EASEMENT TILITY 10 FND 5/8" F 11 1 I 1. ROD I I �G> FND S00'37'03"W 204.95' 1 I� p QaO ,nl .(CALL S00'36'48'W 204.97) �� 0O �l 1 PDC �P� 1 11 FND 5/8" 1. ROD W/CAP NORTHEAST CORNER OF LOT IA �a o 1 I 1 L L1 B /�� od° � L14; 1 M 1 10 I N Off%�� a I a �L121 I °P< 11 II�� --1 II. 10 i id X11 ug I (CALL N41'40'53'E 252.44) 1 1 I I[tea FND N4 1'40'10'E 252.51' 1 1 CALC. (CALL S41'40'53"W 465.20' FND OD I 1 m FND SCRIBED '7l" FND SCRIBED 'X' CORNER ) I. ROD I I , 1. END S41'40'47"W 465.30' �I CE IN CONCRETE IN CONCRETE I t co N co w v. T A I :n co N I co z� �p Lu o I w W cornl 'lam ro o I o CALLED 2.0623 ACRES o, 1 n o LANDRY'S CRAB SHACK, INC co ro t ca I °' Q1 C.F. NO. 9719131 z z I ' g °�,° 1 00 DO OPRJC FND 5/8" o to Jo 1 o J 1. ROD ��I 1 �z �.4' I Lc 11 Ic I. FND 5/8" 1. CALC. ROD (BENT BEARS CORNER CORNER I CORNER N32'20'31 E 0.74' Ll L22 FND N41'40'22"E 382.21' EXHIBIT $ (CALL N41'40'53'E 382.21) FND N54'54'14"W 74.54' REFER TO EXHIBIT 'i4" (CALL N54'55.03"W 74.54) FOR FIELD NOTE DESCRIPTION r TO THE OWNERS OF THE PREMISES SURVEYED •O AS OF THE DATE OF THE SURVEY: .•G\S T �•..�- CLIENT; o <. � 9F:y CNMK TEXAS PROPERTIES, INC. 0.4940 ACRE L THOMAS H SURFACE DD HEREBY GERUND THAT THIS SURVEY WAS TLS DAY �:Q' O;(n ort BY: CWH SCALE: SIEET No.: IUOE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DES .................. vER: A 2003 HATER UTILITY EASEMENT HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE RO/�I 1"=1 oO' 1 Of 1 OF THE SURVEY. THOMAS S.R()�l1/S ,toe /20pS/OS-3p} REV. DATE Su AUGUST 10.2oo5 ........................... ..... 05-503 05-503a 0 OUT OF AND PART OF LOT 1A 9 5728 t'-' MARK w. wHITELEY AMENDED PLAT OF op......5 S\0,. AND ASSOCIATES CINEMARK ADDITION v INCORPORATED VOLUME 16, PAGE 62, MAP RECORDS cossutaTNC sxc1NEERS, CHARLES WILLIAMS SURVEY SURVEYOR$, AND PLANNERB ° ABSTRACT NO. 59 THOMAS S.ROWS - REGISTERED PROFESSIONAL LAND SURVEYOR No 5728 mo nit BEAUMONT, JEFFERSON COUNTY, TEXAS B6A0YON1�T�A9 Ta/q!-6.YE aGY1N0Y[, SEIM9 T9p3