HomeMy WebLinkAboutRES 06-275 RESOLUTION NO. 06-275
WHEREAS, Kelley Family Investments, Ltd., has offered to convey a ten-foot(10')
wide Water Line Easement, being a 0.3492 acre of land out of and a part of the A. Huston
Survey, Abstract No. 33, Jefferson County, Texas, as described on Exhibit "A" 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 Kelley Family Investments, Ltd., as described on Exhibit
"A," be and the same is hereby, in all things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
September, 2006.
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0j� - Mayor Guy N. Goodson -
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EXIBIT"A„
0.3492 ACRE OF LAND
FOR UTITLITY EASEMENT PURPOSES
OUT OF THE
A. HUSTON SURVEY,ABSTRACT NO. 33,
JEFFERSON COUNTY,TEXAS
BEING 0.3492 acre of land out of and a part of the A. Huston Survey, Abstract No. 33,
Jefferson County, Texas; being part of a (Called 7.792) acre tract of land conveyed to
Kelley Family Investments, Ltd., recorded in File No. 2006011421, Official Public
Records of Real Property, Jefferson County, Texas; said 0.3492 acre tract being more
fully described by metes and bounds as follows,to wit:
BEGINNING at a point for corner on the North right of way line of a dedicated road
named Gladys Avenue; said point for corner being on the west line of Lot 1, Replat of
Gladys Business Park Subdivision Section One, recorded in Volume 16, Page 283, Map
Records, Jefferson County, Texas; also being the Southeast corner of the (Called 7.792)
acre tract;
THENCE, North 88 deg., 36 min., 10 sec., West, on the North right of way line of said
Gladys Avenue, a distance of 9.86' to a point for corner;
THENCE, North 01 deg., 47 min., 26 sec., East, a distance of 189.57' to a point for
comer;
THENCE, North 89 deg., 48 min., 35 sec., West, a distance of 145.05' to a point for
comer;
THENCE, South 00 deg., 11 min., 25 sec., West, a distance of 15.00' to a point for
comer;
THENCE, North 89 deg., 48 min., 35 sec., West, a distance of 10.00' to a point for
comer;
THENCE, North 00 deg., 11 min., 25 sec., East, a distance of 572.37' to a point for
corner;
THENCE, South 89 deg., 48 min., 35 sec., East, a distance of 10.00' to a point for
comer;
THENCE, South 00 deg., 11 min., 25 sec., West, a distance of 15.00' to a point for
comer;
THENCE, South 89 deg., 48 min., 35 sec., East, a distance of 97.20' to a point for
corner;
THENCE, South 37 deg., 59 min., 04 sec., East, a distance of 364.66' to a point for
comer;
EXHIBIT"A"
PAGE 1 of 3
THENCE, South 88 deg., 14 min., 56 sec., East, a distance of 123.40' to a point for
comer on the Westerly line of a 110' wide right of way, Bench No. 202-E for Drainage
District No. 6, recorded in Film Code No. 103-43-0139, Official Public Records of Real
Property, Jefferson County, Texas;
THENCE, South 37 deg., 59 min., 04 sec.,East, a distance of 13.00' to a point for corner
on the North line of a (Called 1.0) acre tract of land conveyed to Broussard's Mortuary
Inc., recorded in File No. 2001002700, Official Public Records of Real Property,
Jefferson County,Texas;
THENCE,North 88 deg., 14 min., 56 sec., West, on the North line of a (Called 1.0) acre
tract, a distance of 136.40' to a point for corner;.
THENCE, North 37 deg., 59 min., 04 sec., West, a distance of 191.91' to a point for
comer;
THENCE, South 52 deg:, 00 min., 56 sec., West, a distance of 17.60' to a point for
comer;
THENCE, North 37 deg., 59 min., 04 sec., West, a distance of 10.00' to a point for
comer;
THENCE, North 52 deg., 00 min., 56 sec., East, a distance of 17.60' to a point for
comer;
THENCE, North 37 deg., 59 min., 04 sec., West, a distance of 162.58' to a point for
comer;
THENCE, North 89 deg., 48 min., 35 sec., West, a distance of 92.34' to a point for
corner;
THENCE, South 00 deg., 11 min, 25 sec., West, a distance of 522.37' to a point for
comer;
THENCE, South 89 deg., 48 min., 35 sec., East, a distance of 155.16' to a point for
comer being on the West line of said Lot 1,Replat of Gladys Business Park;
THENCE, South 01 deg., 46 min., 56 sec., West, on the West line of said Lot 1, a
distance of 199.81' to the POINT OF BEGINNING and containing 0.3492 acre of land
for utility easement purposes.
This description is based on the Land Survey made by Anthony M. Leger, Registered
Professional Land Surveyor No. 5481, on August 16, 2006.
City of Beaumont D F
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EXHIBIT"A" ��;y'+..,�as�Q��y0�
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SURVEYOR'S CERTIFICATION:
The undersigned does hereby certify that this survey was this day 7/17/06 made of
the property legally described hereon and is correct, and that there are no discrepancies, conflicts, shortages of area,
boundary line conflicts, encroachments, overlapping of improvements, easements or right of way, except as shown
hereon, and that said property has access to and from a dedicated roadway. This survey is certified for this
transaction only; it is not transferable to additional institutions or subsequent owners.
ANTHONY M.-MGER
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481
S OUTEX 0.3492 ACRE OF LAND PART OF THE A 00-0802A
HUSTON SURVEY, ABSTRACT NO. 33, 1 - 100'
SURVEYORS INC.
JEFFERSON COUNTY, TEXAS . 8417/06
3737 DOCTORS DRIVE CITY OF BEAUMONT :&C
PORT ARTHUR, TEXAS 77642 501 MAIN STREET A LEGER
(409) 983-2004 (409) 983-2005 A HEAUMONT, TEXAS 77904-3827
E)=IT"A"
PAGE 3 of 3
CITY OF BEAUMONT
721 PUBLIC WORKS
INTEROFFICE MEMORANDUM
October 6, 2006
TO: Rose Ann Jones, City Clerk
FROM: Ilona N. Baker Real Property S P ecialist o"t
P
SUBJECT: Instrument for Filing
COMMENTS
Enclosed please find a copy of the recorded easement from which Kelley Family Investments,Ltd.,
conveyed to the City of Beaumont property for a ten foot (10') wide water line easement. This
easement described as 0.3492 acre of land out of the A. Huston Survey, Abstract 33 and located
across Cypress Bend Apartments property near the intersection of Gladys and Major Drive, will
provide mandatory access for fire prevention services.
(Resolution No. 06-275)
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\esmt belle-foret
INIIIIIIIIIIIIIIIIhIiIIIiIiIIIIIIIIIIiIIIIiINlllllullll EAS 2006037691
6 PGS
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, KELLEY FAMILY INVESTMENTS, LTD., of the County of Jefferson, State
of Texas, hereinafter called "GRANTOR", whether one or more, for and in consideration of the
sum of ONE AND N01100 DOLLAR ($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, has GRANTED, SOLD and CONVEYED, and by these
presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827,
Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line
Easement and the exclusive right to construct, alter, and maintain said water line and
appurtenances on the hereinafter described land which said easements are under, over, in and
across that certain tract or parcel of land owned by GRANTOR situated in the County of
Jefferson, State of Texas, and being more particularly described in Exhibit "A" attached hereto
and made a part hereof for all purposes.
The easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and
appurtenances, and the following rights are also hereby conveyed:
It is expressly understood and agreed that the City of Beaumont shall have the right of
ingress to and egress from the tract of land hereinbefore described and use of the same for the
purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate
the same as permitted by law.
Grantor agrees not to place any structures or appurtenances within the Easement Property.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures within the Easement Property.
TO HAVE AND TO HOLD the above described easements and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this 7th day of September , 2006.
KELLEY FA LY INVES MENTS, LTD.
By:
K y Kelley, esident
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on September 7 , 2006, by KELLY
KELLEY, President of Kelly Family Investments, Ltd.
t'
',,;;,•.. LESAY.SMITH
f+;r Notary Public Notary*Ric, to e o eras
State of Texas
My Commission Expires
May 27, 2009
RETURN TO:
City of Beaumont
Ronnie Pullin
P. O.Box 3827
Beaumont,TX 77704 waterline esmt
EXIBIT "A"
0.3492 ACRE OF LAND
FOR UTITLITY EASEMENT PURPOSES
OUT OF THE
A. HUSTON SURVEY,ABSTRACT NO. 33,
JEFFERSON COUNTY, TEXAS
BEING 0.3492 acre of land out of and a part of the A. Huston Survey, Abstract No. 33,
Jefferson County, Texas; being part of a (Called 7.792) acre tract of land conveyed to
Kelley Family Investments, Ltd., recorded in File No. 2006011421, Official Public
Records of Real Property, Jefferson County, Texas; said 0.3492 acre tract being more
fully described by metes and bounds as follows, to wit:
BEGINNING at a point for corner on the North right of way line of a dedicated road
named Gladys Avenue; said point for corner being on the west line of Lot 1, Replat of
Gladys Business Park Subdivision Section One, recorded in Volume 16, Page 283, Map
Records, Jefferson County, Texas; also being the Southeast corner of the (Called 7.792)
acre tract;
THENCE, North 88 deg., 36 min., 10 sec., West, on the North right of way line of said
Gladys Avenue, a distance of 9.86' to a point for corner;
THENCE, North 01 deg., 47 min., 26 sec., East, a distance of 189.57' to a point for
corner;
THENCE, North 89 deg., 48 min., 35 sec., West, a distance of 145.05' to a point for
corner;
THENCE, South 00 deg., 11 min., 25 sec., West, a distance of 15.00' to a point for
corner;
THENCE, North 89 deg., 48 min., 35 sec., West, a distance of 10.00' to a point for
corner;
THENCE, North 00 deg., 11 min., 25 sec., East, a distance of 572.37' to a point for
corner;
THENCE, South 89 deg., 48 min., 35 sec., East, a distance of 10.00' to a point for
corner;
THENCE, South 00 deg., 11 min., 25 sec., West, a distance of 15.00' to a point for
corner;
THENCE, South 89 deg., 48 min., 35 sec., East, a distance of 97.20' to a point for
corner;
THENCE, South 37 deg., 59 min., 04 sec., East, a distance of 364.66' to a point for
corner;
THENCE, South 88 deg., 14 min., 56 sec., East, a distance of 123.40' to a point for
corner on the Westerly line of a 110' wide right of way, Bench No. 202-E for Drainage
District No. 6, recorded in Film Code No. 103-43-0139, Official Public Records of Real
Property, Jefferson County, Texas;
THENCE, South 37 deg., 59 min., 04 sec., East, a distance of 13.00' to a point for comer
on the North line of a (Called 1.0) acre tract of land conveyed to Broussard's Mortuary,
Inc., recorded in File No. 2001002700, Official Public Records of Real Property,
Jefferson County, Texas;
THENCE,North 88 deg., 14 min., 56 sec., West, on the North line of a (Called 1.0) acre
tract, a distance of 136.40' to a point for corner;
THENCE, North 37 deg., 59 min., 04 sec., West, a distance of 191.91' to a point for
comer;
THENCE, South 52 deg., 00 min., 56 sec., West, a distance of 17.60' to a point for
corner;
THENCE, North 37 deg., 59 min., 04 sec., West, a distance of 10.00' to a point for
comer;
THENCE, North 52 deg., 00 min., 56 sec., East, a distance of 17.60' to a point for
corner;
THENCE, North 37 deg., 59 min., 04 sec., West, a distance of 162.58' to a point for
corner;
THENCE, North 89 deg., 48 min., 35 sec., West, a distance of 92.34' to a point for
corner;
THENCE, South 00 deg., 11 min., 25 sec., West, a distance of 522.37' to a point for
comer;
THENCE, South 89 deg., 48 min., 35 sec., East, a distance of 155.16' to a point for
corner being on the West line of said Lot 1, Replat of Gladys Business Park;
THENCE, South 01 deg., 46 min., 56 sec., West, on the West line of said Lot 1, a
distance of 199.81' to the POINT OF BEGINNING and containing 0.3492 acre of land
for utility easement purposes.
This description is based on the Land Survey made by Anthony M. Leger, Registered
Professional Land Surveyor No. 5481, on August 16, 2006.
City of Beaumont 0 F.tF
LS-06-0802A P � 'Y+�N
ANT ®NY M. LEG
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SURVEYOR'S CERTIFICATION:
The undersigned does hereby certify that this survey was this day 7/17/06 made of
the property legally described hereon and is correct, and that there are no discrepancies, conflicts, shortages of area,
boundary line conflicts, encroachments, overlapping of improvements, easements or right of way, except as shown
hereon, and that said property has access to and from a dedicated roadway. This survey is certified for this
transaction only; it is not transferable to additional institutions or subsequent owners.
ANTHONY M. LkGER
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481
PRGJECT NO,
.3 EXHIBIT "B° 06-0802A
0.3492 ACRE OF LAND PART OF THE A. sc�
SOUTEX
HUSTON SURVEY, ABSTRACT NO. 33, 1" = 100'
s.'c. JEFFERSON COUNTY, TEXAS °A�
SURVEYORS INC. 8/1
7 os
3737 DOCTORS DRIVE
cT CITY OF BEAUMONT T. by CHASE
801 MAIN STREET C"ECKM BY
PORT ARTHUR, TEXAS 77642 A. LEGER
(409) 983-2004 (409) 983-2005 ® BEAUMONT, TEXAS 77704-3827 1EET
a
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
2006 SAP 27 10:38 AM 2006037691
JAMES $32.60
CAROLYN L. GUIDRY COUNTY CLERK
JEFFERSON COUNTY TEXAS