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Home My WebLink AboutRES 09-144 RESOLUTION NO. 09-144 WHEREAS, Rocky Bluff, L.L.C., has offered to convey a ten foot (10')wide water line easement for property located at 8455 Dishman Road, out of the A. Huston Survey,Abstract 33, Jefferson County,Texas, 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 the Social Security Administration building located on 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 Rocky Bluff, 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. AT,�lO un -iVayor Becky Ames - f Fittz & Shipman INC Consulting Engineers and Land Surveyors EXHIBIT "A", PAGE 1 OF 3 CENTERLINE DESCRIPTION FOR A 10' WIDE WATER LINE EASEMENT OUT OF THE A. HUSTON SURVEY,ABSTRACT 33 JEFFERSON COUNTY, TEXAS MAY 4, 2009 CENTERLINE 1 That certain centerline description for a 10' wide water line easement out of the A. Huston,Survey, Abstract 33, Jefferson County, Texas, being out of a called 3.340 acre tract conveyed to Rocky Bluff, L L C as recorded in Clerk's File No. 2007026401 of the Officials Public Records of Jefferson County, Texas, said centerline description being more particularly described by the courses and distances as follows: Note: The Basis of Bearings is along the northeasterly line of Ditch 202-E, a 110-foot wide right-of-way conveyed to Jefferson County Drainage District No. 6, recorded in Film Code No. 103-43-0139 of the Real Property Records of Jefferson County, Texas, having been called North 38°00'22"West. COMMENCING at a capped iron rod found in the south right-of-way line of Dishman Road and the south line of a called 0.2755 acre tract conveyed to the City of Beaumont as recorded in Volume 1995, Page 456 of the Deed Records of Jefferson County, Texas for the northwest corner of a called 2.120 acre tract conveyed to Dupont Beaumont Federal Credit Union as recorded in Clerks File No. 2005010849 of the Official Public Records of Real Property of Jefferson County, Texas and the northeast comer of the said 3.340 acre tract from which a capped iron rod found in the west right-of-way line North Major Drive (aka F.M. 363) for the northeast corner of the said 2.120 acre tract bears South 89 059'06" East 298.87 feet (called North 89 059'50" East 298.87 feet); THENCE South 89 044'32" West along the said south right-of-way line of Dishman Road and the said 0.2755 acre tract being the north line of the said 3.340 acre tract a distance of 8.60 feet (called South 89 043'28" West) to a point for the POINT OF BEGINNING of the said centerline; THENCE along the said centerline with the following courses and distances as follows: South 00 042'27" East a distance of 168.36 feet to an angle point; South 23°48'46" East a distance of 41.55 feet to an angle point; South 33°17'21" East a distance of 98.83 feet to a point for the POINT OF TERMINATION of the said centerline; This Centerline Description is based on a survey performed by Fittz & Shipman, Inc. on October 17, 2006 and April 29, 2009. � � OF Tr Walter J. Ksia ek �•• 1 RF�•�, Registered Profes nal Land urveyor No. 5321 * • �. Fittz&Shipman,Inc WALTER J. KSIAZEK Project No. 08301.0002A �."SWI Plat&Description •'d T` 1405 Cornerstone Court,• Beaumont, T s `ray, sed.§W2- 38 • fax (409) 832-7303 Fittz & Shipman INC Consulting Engineers and Land Surveyors EXHIBIT "A", PAGE 2 OF 3 CENTERLINE DESCRIPTION FOR A 10' WIDE WATER LINE EASEMENT OUT OF THE A. HUSTON SURVEY,ABSTRACT 33 JEFFERSON COUNTY, TEXAS MAY 4, 2009 CENTERLINE 2 That certain centerline description for a 10' wide water line easement out of the ,�. Huston Survey, Abstract 33, Jefferson County, Texas, being out of a called 3.340 acre tract conveyed to Rocky Bluff, L L C as recorded in Clerk's File No. 2007026401 of the Officials Public Records of Jefferson County, Texas, said centerline description being more particularly described by the courses and distances as follows: Note: The Basis of Bearings is along the northeasterly line of Ditch 202-E, a 110-foot wide right-of-way conveyed to Jefferson County Drainage District No. 6, recorded in Film Code No. 103-43-0139 of the Real Property Records of Jefferson County, Texas, having been called North 38°00'22"West. COMMENCING at a capped iron rod found in the south right-of-way line of Dishman Road and the south line of a called 0.2755 acre tract conveyed to the City of Beaumont as recorded in Volume 1995, Page 456 of the Deed Records of Jefferson County, Texas for the northwest corner of a called 2.120 acre tract conveyed to Dupont Beaumont Federal Credit Union as recorded in Clerks File No. 2005010849 of the Official Public Records of Real Property of Jefferson County, Texas and the northeast corner of the said 3.340 acre tract from which a capped iron rod found in the west right-of-way line North Major Drive (aka F.M. 363) for the northeast corner of the said 2.120 acre tract bears South 89 059'06" East 298.87 feet (called North 89 059'50" East 298.87 feet); THENCE South 89 044'32" West along the said south right-of-way line of Dishman Road and the said 0.2755 acre tract being the north line of the said 3.340 acre tract a distance of 280.93 feet (called South 89 043'28" West) to a point for the POINT OF BEGINNING of the said centerline from which a %" capped iron rod set for the northwest corner of the said 3.340 acre tract bears South 89 044'32" West 148.91 feet (called South 89 043'28"West); THENCE South 00 005'50" East a distance of 69.91 feet to a point for the POINT OF TERMINATION of the said centerline; This Centerline Description is based on a survey ?ormedb ittz & Shipman, Inc. on October 17, 2006 and April 29, 2009. 01 . •i" Walter J. Ksiaz WALTER J. KSIl EK Registered Professio al Land Su eyor No. 5321 ••a t �,� •0 Fittz&Shipman,Inc. le Project No. 08301.0002B NQ S ul'1y Plat&Description 1405 Cornerstone Court,-, Beaumont, Texas 77706 • 32-7238 • fax (409) 832-7303 EXHIBIT W. PAGE 3 OF 3 NUMBER DIRECTION DISTANCE L1 S 00'42'27" E 168.36 L2 S 23'48'46" E 41.55 L3 S 33'17'21" E 98.83 L4 S 00'05'50" E 69.91 30' R.O.W. DEDICATION TO OF BEAMONT FOUND IRON ROD POINT OF VOL.Et 915, PG. 456,D.R.J.C. WITH ALUMINUM DISC POINT OF BEGINNING STAMPED DD6 #42 BEGINNING CENTERLINE 1 COMMENCING (CALLED 0.2755 ACRES) CENTERLINE 2 POINT FOUND FOUND CAPPED CAPPED DISHMAN ROAD IRON ROD IRON ROD CITY FILE NO, 200 jCLERKS FILE N0. 2004002123. (CALLED 5 89'43'28" W 429.84) 8.60 S 89'44'32" W 429.84 z" 148.91 272.33 o S 89'59'06 E 298.87 SET 1 CAPPED ld. l l (CALLED N 89'59'50" E 298.87) IRON Roo �-' CENTERLINE 2 l l w 10' WIDE WATER w LINE EASEMENT Jill�o DUPONT BEAUMONT POINT OF o FEDERAL CREDIT UNION O 0 CLERKS FILE NO. 2005010849. TERMINATION l c c O.P.R.R.P.J.C. CENTERLINE 2 CENTERLINE 1 a (CALLED 2.120 ACRE) V) FOUND 10' WIDE WATER CAPPED LINE EASEMENT l IRON ROO I 1 rc l l ,y SEE DETAIL A, v o � >t6, �� DETAIL 6 ��'J NTS k' 1 FOUND 2c0 POINT OF S�J CAPPED TERMINATION IRON ROD CENTERLINE 1 O h L)N a J ¢ V Ww FNS° N no z p �. �� top J Z¢o FOUND N° _w o w 0 CAPPED 0'" $F �j IRON ROD 00 w Y OJ\OPO N U �O N V FOUND O S 89'57'56" W 169.69 (CALLED WEST 169.90) CAPPED I-lP \.(� IRON ROD Yc RICHARD LYNN WORTHEY CLERKS FILE NO. 2003D4162 (CALLED 1.000 ACRE) S C A L E A. H U S T 0 SURVEY A-33 � �;t O'' SURVEYOR'S CERTIFICATION: ..p•��GIS�•L� ,'� I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, �, • Q' .1-�Vtt''F{j� THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE 7� • # ON APRIL 29,GROUND 2009. UNDER MY SUPERVISION ON OCTOBER 17, 2006 AND WALTER J. KSIAZEK WALTER J. KSIAZEK •�� Sg�� 4. REGISTERED PROFESSIONA AND SURVEYOR . 5321 Q:\SURVEYS\08301\301WESMT.dw9 Moy 07, 2009 11:44om Fittz&Shipman 10' WIDE WATER LINE EASEMENTS SHEET NO- INC.E INC. PROJECT NAME: ROCKY BLUFF, L.L.C. 3 ng ngu c—and Land Surveyors DISHMAN ROAD, 1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS 77706 PROJECT NO. (409) 832-7238 FAX(409)832-7303 DATE:5/04/09 08301.0001 EAS 20 @901933@ 6 PGS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT,ROCKY BLUFF,LLC,of the County of Oklahoma,State of Oklahoma, 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 of Beaumont 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 of , 2009. GRANTOR: ROCKY BL F, LLC By: Printed Name: 'dae Title: ACKNOWLEDGMENT STATE OF OKLAHOMA X COUNTY OF OKLAHOMA X BEFORE ME, the undersigned authority, on this day personally appeared s �.n 12 Q=e X of ROCKY BLUFF, LLC, known to me to be athe person and 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 14 day of 32009. 4��Ck un� M +t�►»n3 Notary Public, State of Oklahoma RETURN TO: City of Beaumont Ilona N. Baker P. O. Box 3827 Beaumont, TX 77704 h2o\\ss dishman y Fittz & Shipman INC EXHIBIT "A", PAGE 1 OF 3 Consulting Engineers and Land Surveyors CENTERLINE DESCRIPTION FOR A 10' WIDE WATER LINE EASEMENT OUT OF THE A. HUSTON SURVEY,ABSTRACT 33 JEFFERSON COUNTY, TEXAS MAY 4, 2009 CENTERLINE 1 That certain centerline description for a 10' wide water line easement out of the A. Huston,Survey, Abstract 33, Jefferson County, Texas, being out of a called 3.340 acre tract conveyed to Rocky Bluff, L L C as recorded in Clerk's File No. 2007026401 of the Officials Public Records of Jefferson County, Texas, said centerline description being more particularly described by the courses and distances as follows: Note: The Basis of Bearings is along the northeasterly line of Ditch 202-E, a 110-foot wide right-of-way conveyed to Jefferson County Drainage District No. 6, recorded in Film Code No. 103-43-0139 of the Real Property Records of Jefferson County, Texas, having been called North 38 000'22"West. COMMENCING at a capped iron rod found in the south right-of-way line of Dishman Road and the south line of a called 0.2755 acre tract conveyed to the City of Beaumont as recorded in Volume 1995, Page 456 of the Deed Records of Jefferson County, Texas for the northwest corner of a called 2.120 acre tract conveyed to Dupont Beaumont Federal Credit Union as recorded in Clerks File No. 2005010849 of the Official Public Records of Real Property of Jefferson County, Texas and the northeast corner of the said 3.340 acre tract from which a capped iron rod found in the west right-of-way line North Major Drive (aka F.M. 363) for the northeast corner of the said 2.120 acre tract bears South 89 059'06" East 298.87 feet (called North 89 059'50" East 298.87 feet); THENCE South 89 044'32" West along the said south right-of-way line of Dishman Road and the said 0.2755 acre tract being the north line of the said 3.340 acre tract a distance of 8.60 feet (called South 89 043'28" West) to a point for the POINT OF BEGINNING of the said centerline; THENCE along the said centerline with the following courses and distances as follows: South 00 042'27" East a distance of 168.36 feet to an angle point; South 23 048'46" East a distance of 41.55 feet to an angle point; South 33°17'21" East a distance of 98.83 feet to a point for the POINT OF TERMINATION of the said centerline; This Centerline Description is based on a survey performed by Fittz & Shipman, Inc. on October 17, 2006 and Ap '1 9, 2 09. Walter J. Ksia k OF T.- Registered Profes nal Land urveyor No. 5321 Fittz&Shipman,Inc. WATER J. KSIAZEK Project No. 08301.0002A Plat&Description * � 1405 Cornerstone Court,• Beaumont, Te 77� � �5 2-7 8 • fax (409) 832-7303 Fittz & Shipman INC EXHIBIT "A", PAGE 2 OF 3 Consulting Engineers and Land Surveyors CENTERLINE DESCRIPTION FOR A 10' WIDE WATER LINE EASEMENT OUT OF THE A. HUSTON SURVEY, ABSTRACT 33 JEFFERSON COUNTY, TEXAS MAY 4, 2009 CENTERLINE 2 That certain centerline description for a 10' wide water line easement out of the A. Huston Survey, Abstract 33, Jefferson County, Texas, being out of a called 3.340 acre tract conveyed to Rocky Bluff, L L C as recorded in Clerk's File No. 2007026401 of the Officials Public Records of Jefferson County, Texas, said centerline description being more particularly described by the courses and distances as follows: Note: The Basis of Bearings is along the northeasterly line of Ditch 202-E, a 110-foot wide right-of-way conveyed to Jefferson County Drainage District No. 6, recorded in Film Code No. 103-43-0139 of the Real Property Records of Jefferson County, Texas, having been called North 38 000'22"West. COMMENCING at a capped iron rod found in the south right-of-way line of Dishman Road and the south line of a called 0.2755 acre tract conveyed to the City of Beaumont as recorded in Volume 1995, Page 456 of the Deed Records of Jefferson County, Texas for the northwest corner of a called 2.120 acre tract conveyed to Dupont Beaumont Federal Credit Union as recorded in Clerks File No. 2005010849 of the Official Public Records of Real Property of Jefferson County, Texas and the northeast corner of the said 3.340 acre tract from which a capped iron rod found in the west right-of-way line North Major Drive (aka F.M. 363) for the northeast corner of the said 2.120 acre tract bears South 89°59'06" East 298.87 feet (called North 89 059'50" East 298.87 feet); THENCE South 89°44'32" West along the said south right-of-way line of Dishman Road and the said 0.2755 acre tract being the north line of the said 3.340 acre tract a distance of 280.93 feet (called South 89°43'28" West) to a point for the POINT OF BEGINNING of the said centerline from which a %2" capped iron rod set for the northwest corner of the said 3.340 acre tract bears South 89 044'32" West 148.91 feet (called South 89 043'28"West); THENCE South 00 005'50" East a distance of 69.91 feet to a point for the POINT OF TERMINATION of the said centerline; This Centerline Description is based on a survey performed by Fittz & Shipman, Inc. on October 17, 2006 and April 29, 2009. ISTEO alter J. Ksiaze WALTER J. KSIAZEK Registered Professional Land Sury yor No. 5321 ° &3z� Fittz&Shipman,Inc. ° wC3 `,'� Project No. 08301.0002B q °•••° C! Plat&Description M®�LlV'410 1405 Cornerstone Court,• Beaumont, Texas 77706 • - 238 • fax (409) 832-7303 EXHIBIT W, PAGE 3 OF 3 NUMBER DIRECTION _ DISTANCE L1 S 00'42'27" E 168.36 L2 S 23'48'46" E 41.55 L3 S 33"17'21" E 98.83 L4 S 00'05'50" E 69.91 30' R.O.W. DEDICATION TO FOUND IRON ROD POINT OF THE CITY OF BEAUMONT WITH ALUMINUM Dlsc POINT OF BEGINNING VOL. 1995, PG. 456, D.R.J.C. STAMPED DD5 #42 BEGINNING CENTERLINE 1 COMMENCING (CALLED 0.2755 ACRES) CENTERLINE 2 POINT FOUND FOUND CAPPED CAPPED DISHMAN ROAD CAPPED ROD IRON ROD CITY OF BEAUMONT (CALLED 5 89'43'28" W 429.84 8.60 )CLERKS FILE N0. 2004002123. $ 69'4432" W 429.84) 148.91 272.33 SET 1/2" ,a.S S 89'59'06 E 298.87 CAPPED I m (CALLED N 89'59'50" E 298.87) IRON Roo CENTERLINE 2 co w 10' WIDE WATER w LINE EASEMENT \ Jill . DUPONT BEAUMONT `POINT OF "o FEDERAL CREDIT UNION TERMINATION ( O I CLERKS FILE NO, 2005010849, O o O.P.R.R.P.J,C. CENTERLINE 2 O J (CALLED 2.120 ACRE) CENTERLINE 1 N a 10' WIDE WATER FOUND LINE EASEMENT l CAPPED IRON ROD ti SEE �v' DETAIL \ ;.• s �\ rm9��0. mac'•Q \ m�90 Ad' \\� 2 DETAIL NTS FOUND 2 s� POINT OF s�J CAPPED TERMINATION IRON ROD CENTERLINE 1 _ ON w W o 0 w� p o O� Mo z Z¢. FOUND CN w a J c0� CAPPED p w o a F IRON ROD 00 N O Y y U V DO $ 69'57'56" W 169.69 ., (CALLED WEST 169.90) CFO APPED .q IRON ROD P :O RICHARD LYNN WORTHEY 0 50 100 CLERKS FILE NO. 200304162 O.P.R.R.P.J.C. $® (CALLED 1.D00 ACRE) A. H U S T 0 S U R V E Y A-33 �V,OF r'v SURVEYOR'S CERTIFICATION: O�•G�S`i'Gn. '�s 100 HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BE • �� '* �•. THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE APRIL 2 GROUND 009 UNDER MY SUPERVISION ON OCTOBER 17, 2006 AND WALTER J. KSIAZEK 5321 WALTER . KSIAZ ••� ��4p. REGISTERED PROFESS]] NA LAND SURVEYO 0. 5321 0:\SURVEYS\08301\301WESMT.dw9 May 07, 2009 11:44., Fittz&Shipman 10' WIDE WATER LINE EASEMENTS SHEET N0, ConsulnngEngyee�cndtcndgtrneyo� INC. PROJECT NAME: ROCKY BLUFF, L.L.C. 3 DISHMAN ROAD, 1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS 77706 PROJECT NO. (409) 832-7238 FAX (409) 832-7303 DATE:5/04/09 08301.0001 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2009 May 27 11:19 AM 2009019330 PART MOORS $32.00 '�S'.�U� FO�� CAROLYN L. GUIDRY COUNTY CLERK ATTWE OF +$� JEFFERSON COUNTY TEXAS FXING •