HomeMy WebLinkAboutRES 09-143 RESOLUTION NO. 09-143
WHEREAS, Houma Dollar Partners, L.L.C., has offered to convey a 15' x 5' water
line easement for property located at 10 N. 11th Street, being 0.0017 acres out of the Noah
Tevis Survey, as described in Exhibit"A" attached hereto, to the City of Beaumont for the
purpose of providing mandatory access to the water lines and fire hydrants for said
property and allowing for the construction, alteration, operation and maintenance of the
said water lines and appurtenances; 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 Houma Dollar Partners, L.L.C., as described in 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 May,
2009. �•..���� &4-h�
, ayor Becky Ames -
P
Fittz & Shipman
INC
Consulting Engineers and Land Surveyors
EXHIBIT "A", PAGE 1 OF 3
FIELD NOTE DESCRIPTION
OF A
0.0017 ACRE TRACT
FOR A
WATER EASEMENT
OUT OF THE
NOAH TEVIS SURVEY, ABSTRACT 52
JEFFERSON COUNTY, TEXAS
APRIL 28, 2009
That certain 0.0017 acre tract for a water easement out of the Noah Tevis Survey, Abstract 52,
Jefferson County, Texas, being out of a called 1.445 acre tract conveyed to Houma Dollar
Partners, L.L.C. as recorded in Clerks File No. 2009004839 of the Official Public Records of
Jefferson County, Texas, said 0.0017 acres being more particularly described by metes and
bounds as follows:
Note: The Basis of Bearings is the north line of the said 1.445 acre tract having been called
South 88°57'51" East 370.90 feet.
COMMENCING at a capped iron rod found in the east right-of-way line of 11'h Street for the
southwest corner of a called 0.7924 acre tract conveyed to RKJ Investments, L.L.C. as recorded
in Clerks File No. 2008022949 of the Official Public Records of Jefferson County, Texas and the
northwest corner of the said 1.445 acre tract from which a capped iron rod in concrete found in
the west line of the B.S.L. &W.R.R. 100'wide right-of-way for the southeast corner of a 1.059
acre tract conveyed to Joseph Andris, M.D., P.A. as recorded in Clerks File No. 2005018950 of
the Official Public Records of Jefferson County, Texas and the northeast corner of the said
1.445 acre tract bears South 88°57'51" East 370.90 feet (called South 88°57'51" east 370.90
feet);
THENCE South 01 020'08" East along the said east right-of-way line of 11'h Street and the west
line of the said 1.445 acre tract a distance of 83.33 feet (called South 01 020'08" East) to a point
for the northwest corner of the said 0.0017 acre tract and the POINT OF BEGINNING;
THENCE North 88 039'52" East along the north line of the said 0.0017 acre tract a distance of
5.00 feet to a point for the northeast corner of the said 0.0017 acre tract;
THENCE South 01 020'08" East along the east line of the said 0.0017 acre tract a distance of
15.00 feet to a point for the southeast corner of the said 0.00 17 acre tract;
THENCE South 88 039'52" West along the south line of the said 0.0017 acre tract a distance of
5.00 feet to a point in the said east right-of-way line of 11th Street and the said west line of the
1.445 acre tract for the southwest corner of the said 0.0017 acre tract from which a "X" in
concrete found at the intersection of the said east right-of-way line of 11th Street and the north
FITTZ&SHIPMAN, INC.
Project No. 08334wesmt
Plat&Description
1405 Cornerstone Court,* Beaumont, Texas 77706 • (409) 832-7238 •fax(409) 832-7303
EXHIBIT "A", PAGE 2 OF 3
right-of-way line of Cedar Street for the southwest corner of the said 1.445 acre tract bears
South 01 020'08" East 44.55 feet (called South 01 020'08" East);
THENCE North 01°20'08"West along the said east right-of-way line of 11th Street and the west
line of the said 1.445 and 0.0017 acre tracts a distance of 15.00 feet (called North 01 020'08"
West) to the POINT OF BEGINNING and containing 0.0017 acres of land, more or less.
This description is based on a survey and plat made by Fittz & Shipman, Inc. on December 10,
2008.
0 F r
Walter J. Ksiazek �� 1871c :'r -4�,
Registered Professi al Land rveyor No. 5321 * ;�� * F�•.
WALTER J. KSIAZEK
�A
r . 3o*,
�N strpw���
FITTZ&SHIPMAN, INC.
Project No. 08334wesmt
Plat&Description
r
EXHIBIT "A", Page 3 of 3
FOUND CAIRON RCONC
REMAINDER OF
JOSEPH ANDRIS, M.D., P.A.
CLERKS FILE NO. 2005018950, O.P.R.J.C.
(CALLED 1.059 ACRE)
HOUMA DOLLAR PARTNERS, L.L.C.
rn 0 CLERKS FILE NO. 2009004839, O.P.R.J.C.
n° (CALLED 1.445 ACRES)
V 0
Z W In
K.
Q'
W N W
m n.
OmIn
N N
m fQ
U N
H
W
NUMBER I DIRECTION IDISTANCE I FA
L1 N 8839'52" E 5.00 E—
NOW OR FORMERLY L2 S 01'20'08" E 115.00 1 03
RKJ INVESTMENTS, L.L.C. L3 S 8839'52" W 5.00
CLERKS FILE NO. 2008022949, O.P.R.J.C. Qom+
(CALLED 0.7924 ACRE) L4 N 01.20'()8" W 15,Q0 Q7i
Q
W
U
POINT OF
BEGINNING
12' EASEMENT AS SHOWN WATER EASEMENT
ON SURVEY BY BILLY 0.0017 ACRE
HOWELL DATED 2-22-85
_—__——_—_ ————————————— ——————————
L2
83.33 L4 44.55
S 01'20'08" E 142.88
COMMENCING (CALLED S 01'20"08" E 142.88) WATER
POINT 11TH STREET EASEMENT FOUND "X" IN
FOUND 0.0017 ACRE CONCRETE
CAPPED
IRON ROD
F?
t
�Z� T i
. Fr�.
SURVEYOR'S CERTIFICATION: * .•a�G�rKF�gs
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, tV�_ •
THAT THIS IS AN ACCURATE PLAT OF A SURVEY do DESCRIPTION MADE
ON THE GROUND UNDER MY SUPERVISION ON DECEMBER 10, 2008. WALTER J. KSIAZEK
iA.� 6,371 �e,•i .
••: SB,� •Q 0 15 330
WALTETERER J. KSIAZEK 'NQ
REGISD PROFESSIONAL L SURVEYOR N0. 3 S C
WATER 7 — EASEMENT
Fittz&Shipnlan PROJECT NAME: HOUMA DOLLAR PARTNERS, L.L.C.
caunBmgEx8ii 4ndLwdSw, m INC. NOAH TEVIS SURVEY, A-52 PROJECT NO.
1405 CORNERSTONE COURT BEAUMONT, TEXAS n,ur .,,. .,._.. BEAUMONT. TEXAS fIRZZn
IIIIIilllllllllllilllllll Eas 200902e285
IIIIIIIIIIIIIIiilllllllllllllllllll 6 PGS
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, HOUMA DOLLAR PARTNERS, L.L.C., of the Parish of Calcasieu, State of
Louisiana, hereinafter called "GRANTOR", whether one or more, for and in consideration of the
sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable consideration to us 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 lines and appurtenances on the hereinafter described lands
which said easement is under, over, in and across those certain tracts or parcels of land owned by
GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly
described in Exhibit "A", attached and made a part hereof for all purposes.
The easement herein granted shall be used for the purpose ofplacing,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 ofBeaumont shall have the right of ingress
to and egress from the tracts 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 easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day ofM14 2009.
GRANTOR:
HOUMA L P S, L.L.C.
By:
Printed Name: o ,Its tee ,Y&3� r
Title:
ACKNOWLEDGMENT
STATE OF LOUISIANA X
PARISH OF CALCASIEU X
BE ORE ME, the undersigned authority, on this day personally appeared _
e� h' - of HOUNLA DOLLAR PARTNERS, L.L.C.
known to me to be the person Ynd officer whose name is subscribed to the foregoing instrument,and
acknowledged to me that he executed the same as the act of such corporation for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 2 day of , 2009.
Notary Public, Stite of Louisiana
RETURN TO: City of Beaumont
Ilona N. Baker
P. O. Box 3 827 STEVE SCHiNNLER
Beaumont, TX 77704 NOTARY PUBLIC #8078 h2o\\do11ar_9enera1-11
CALCASIEU PARISH, LOUISIANA
Commissioned For Life
Fittz & Shipman
INC
Consulting Engineers and Land Surveyors
EXHIBIT "A", PAGE 1 OF 3
FIELD NOTE DESCRIPTION
OF A
0.0017 ACRE TRACT
FOR A
WATER EASEMENT
OUT OF THE
NOAH TEVIS SURVEY, ABSTRACT 52
JEFFERSON COUNTY, TEXAS
APRIL 28, 2009
That certain 0.0017 acre tract for a water easement out of the Noah Tevis Survey, Abstract 52,
Jefferson County, Texas, being out of a called 1.445 acre tract conveyed to Houma Dollar
Partners, L.L.C. as recorded in Clerks File No. 2009004839 of the Official Public Records of
Jefferson County, Texas, said 0.0017 acres being more particularly described by metes and
bounds as follows:
Note: The Basis of Bearings is the north line of the said 1.445 acre tract having been called
South 88°57'51" East 370.90 feet.
COMMENCING at a capped iron rod found in the east right-of-way line of 11th Street for the
southwest corner of a called 0.7924 acre tract conveyed to RKJ Investments, L.L.C. as recorded
in Clerks File No. 2008022949 of the Official Public Records of Jefferson County, Texas and the
northwest corner of the said 1.445 acre tract from which a capped iron rod in concrete found in
-the west line of the-B.S.L.-&-W.R.R.- TODrwide-right-of--way far the southeast corner of a 1.059
acre tract conveyed to Joseph Andris, M.D., P.A. as recorded in Clerks File No. 2005018950 of
the Official Public Records of Jefferson County, Texas and the northeast corner of the said
1.445 acre tract bears South 88°57'51" East 370.90 feet (called South 88°57'51" east 370.90
feet);
THENCE South 01'20'08" East along the said east right-of-way line of 11th Street and the west
line of the said 1.445 acre tract a distance of 83.33 feet (called South 01 020'08" East) to a point
for the northwest corner of the said 0.0017 acre tract and the POINT OF BEGINNING;
THENCE North 88 039'52" East along the north line of the said 0.0017 acre tract a distance of
5.00 feet to a point for the northeast corner of the said 0.0017 acre tract;
THENCE South 01020'08" East along the east line of the said 0.0017 acre tract a distance of
15.00 feet to a point for the southeast corner of the said 0.0017 acre tract;
THENCE South 88 039'52"West along the south line of the said 0.0017 acre tract a distance of
5.00 feet to a point in the said east right-of-way line of 11th Street and the said west line of the
1.445 acre tract for the southwest corner of the said 0.0017 acre tract from which a "X" in
concrete found at the intersection of the said east right-of-way line of 11th Street and the north
FITTZ&SHIPMAN, INC.
Project No. 08334wesmt
Plat&Description
1405 Cornerstone Court,• Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303
EXHIBIT "A", PAGE 2 OF 3
right-of-way line of Cedar Street for the southwest corner of the said 1.445 acre tract bears
South 01 020'08" East 44.55 feet (called South 01°20'08" East);
THENCE North 01 020'08" West along the said east right-of-way line of 11th Street and the west
line of the said 1.445 and 0.0017 acre tracts a distance of 15.00 feet (called North 01°20'08"
West) to the POINT OF BEGINNING and containing 0.0017 acres of land, more or less.
This description is based on a survey and plat made by Fittz &Shipman, Inc. on December 10,
2008.
0 F t r
Walter J. Ksiazek '�3'.�,. , _.'f11
Registered Profession Land Sury yor No. 5321 *_:•`��'I*RF6-�#
WALTER J. KSIAZEK
s uft,
FITTZ&SHIPMAN, INC.
Project No. 08334wesmt
Plat&Description
I
¢4 EXHIBIT "A", Page 3 of 3
FOUND CAPPED
IRON ROD IN O
CONCRETE
REMAINDER OF
JOSEPH ANDRIS, M.D., P.A.
CLERKS FILE NO, 2005018950. O.P.R.J.C.
(CALLED 1.059 ACRE)
HOUMA DOLLAR PARTNERS, L.L.C.
oCCLERKS FILE NO. 2009004839, O.P.R.J.C.
O
(CALLED 1.445 ACRES)
z w,.^j
a�W
w
m�
o rom n
LO
N 1`
m°00
a�
E
NUMBER DIRECTION DISTANCE
L7 N 88'39'52" E 5.00
NOW OR FORMERLY L2 S 01'20'08" E 15.00
R INVESTMENTS, L.L.C. L3 S 88'3952" W 5.00
CLERKS S FILE N0. 2008022949, O.P.R.J.C. �:
(CALLED 0.7924 ACRE) I L4 N 01'20'08" W 15,00
Q
W
U
POINT OF
BEGINNING
12' EASEMENT AS SHOWN WATER EASEMENT
ON SURVEY BY BILLY 0.0017 ACRE
HOWELL DATED 2-22-85
-— ——_ —— — — —— ———— — —
83.33 L4 44.55
S 01'20'08" E 142.88
COMMENCING (CALLED 5 01'20'08" E 142.88) WATER
POINT 11TH STREET EASEMENT FOUND "%° IN
FOUND 0.0017 ACRE CONCRETE
CAPPED
IRON ROD
SURVEYOR'S CERTIFICATION: *. is7r�y�qs
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, tk • * •. •
THAT THIS 15 AN ACCURATE PLAT OF A SURVEY& DESCRIPTION MADE
ON THE GROUND UNDER MY SUPERVISION ON DECEMBER 10, 20D8. 10 WALTER J. KSIAZEK
0 15 30
WALTER J. KSIAZEK •►OS� � $ C A L E
REGISTERED PROFESSIONAL LANDS EYDR N0.Vi
WATER EASEMENT
Fitt &Shipman PROJECT NAME: HOUMA DOLLAR PARTNERS, L.L.C.
c�E „a„dr�aS,,,,n�„ INC. NOAH TEVIS SURVEY, A-52 PROJECT.NO.
1405 CORNERSTONE COURT BEAUMONT,TE%AS
DWG. NC 334w.�esmt BEAUMONT, TEXAS 08334
(409 832-7238 FAX 409 632-7303 .
I'll AT a-2a-oe DATE' 4-28-09 TASK 2
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
2009 Jun 12:12 PM
00 2009020285
EVETO: s32
CAROLYN L. GUIDRY, COUNTY CLERK
JEFFERSON COUNTY, TEXAS
•