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HomeMy WebLinkAboutRES 09-155 RESOLUTION NO. 09-155 WHEREAS, ExxonMobil has offered to convey a 0.0231 acre water line easement out of the David Brown Survey,Abstract 5, as described in Exhibit"A"and shown on Page 3 of Exhibit"A"attached hereto, to the City of Beaumont for a water meter to provide water service to ExxonMobil Facilities; 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 ExxonMobil, as described in Exhibit "A" and shown on Page 3 of Exhibit "A," be and the same is hereby accepted for the purposes stated. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of June, 2009. ,�lrt ayor Becky Ames - a� t EXHIBIT "A" Legal Description: 0.0231 Acre Water Line Easement Out of and Part of the Abandoned Burt Street Out of and Part of Lot 14, Block 4 Oakwood Addition Volume 4, Page 67, Map Records David Brown Survey, Abstract No. 5 Beaumont, Jefferson County, Texas BEING a 0.0231 acre water line easement situated in the David Brown Survey, Abstract No. 5, Jefferson County, Texas and being out of and part of that certain portion of Burt Street, identified as TRACT 4, as abandoned by the City of Beaumont in accordance with City Ordinance No. 08-061 and also being out of and part of Lot 14, Block 4 of Oakwood Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 4, Page 67, Map Records, Jefferson County, Texas, said Lot 14 also being conveyed by Geraldine A. Breaux to ExxonMobil Oil Corporation as described in a "General Warranty Deed" recorded in Clerk's File No. 2006009987, Official Public Records of Real Property, Jefferson County, Texas, said 0.0231 acre water line easement being more particularly described as follows: NOTE: All bearings are based on the assumed bearing of NORTH 90 100'00" WEST for the North right-of-way line of Burt Street. All set 518" iron rods set with a cap stamped "M.W. Whiteley &Associates". COMMENCING at a 5/8" iron rod with a cap stamped "RPLS 3636" found for the Southeast corner of Block "B" of the said Oakwood Addition, said corner also being the intersection of the North right-of-way of the abandoned Burt Street (based on a width of 60 feet) and the West right-of-way line of the abandoned Grove Street (based on a width of 60 feet), said streets being abandoned by the above referenced City Ordinance No. 08-061; THENCE NORTH 90 000'00" WEST, along and with the North right-of-way line of the abandoned Burt Street, passing at a distance of 323.00 feet a 518" iron rod found for the Southwest corner of Lot 11 and the Southeast corner of Lot 12, Block 2 of Hillside Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 4, Page 182, Map Records, Jefferson County, Texas and continuing for a total distance of 725.62 feet to a point; THENCE SOUTH 00 000'00" EAST, over and across the abandoned Burt Street, for a distance of 42.04 feet to a "PK" nail set for the most Northerly Northeast corner and POINT OF BEGINNING of the easement herein described; THENCE SOUTH 00 004'22" EAST, for a distance of 10.08 feet to a 5/8" iron rod set for corner; THENCE NORTH 89 055'38" EAST, for a distance of 15.33 feet to a 5/8" iron rod set for corner; EXHIBIT"A" Page I of 3 MARK W. WHITELEY AND ASSOCIATES,INC. THENCE SOUTH 00 004'22" EAST, for a distance of 13.75 feet to a "PK" nail set for corner; THENCE SOUTH 89 055'38" WEST, for a distance of 25.33 feet to a "PK" nail set for corner; THENCE NORTH 00 004'22" WEST, for a distance of 13.83 feet to a "PK" nail set for corner; THENCE SOUTH 89 055'38" WEST, for a distance of 57.60 feet to a "PK" nail set for corner, said corner being in the East right-of-way line of Carroll Street; THENCE NORTH 21°11'30" EAST, along and with the East right-of-way line of Carroll Street, for a distance of 10.73 feet to a "PK" nail set for corner; THENCE NORTH 89 055'38" EAST, for a distance of 63.70 feet to the POINT OF BEGINNING and containing 0.0231 ACRES, more or less. Surveyed on May 12, 2009. This legal description is being submitted along with a plat based on this su OF ..,. .............. S. Thomas S. Rowe, RPLS No. 57 5728 p; o 9a �•. ass\ �. W:1009\09-208\09.206m&b.doc . S U R\l EXHIBIT"A" Page 2 of 3 MARK W. WHITELEY AND ASSOCIATES,INC. BURT 4 UBJE T E, o Q SEM 00 DpU JETTE Li HILLSIDE ADDITION t 5) Ot I Ot 5 196 I t % 8 o C3 VOL. 4, PG. 182 �0 LO 0 t MRJC 2 OAKWOOD ADDITION v ?c°�o W = I VOL. 4, PG. 67 Po 1 O o Vol 20 �Ot 19 Vol 16 Vol Al apt �6 apt �5 `Qt to `pt �5 Vol 12 �0t A% MRJC FND 518" I. ROD W\CAP � 2 STAMPED W RPLS3636" C7 ¢m VICINITY MAP pO REFERENCE BEARING ASSUMED N.T.S. 1 FND 5/8 (CALL 323.00') FN0 1'ANGLE IRON TRACT 4 I...ROD FND N90'00 00"W 323.00' BEARS S7T46'171 1.19 BANDONED ORD�08-06 CALLED 0!5911 ACRES N90.00.00"W 725.62' S00.00'00'E 42.04' ABANDONED ORD103-083 BURT STREET TRACT 5 _ CF NO. '2005008148 (60' ROW) ABANDONED ORDIOS-061 SOO'00'49 E 60.00' w _W TEXISTING WATER LINE OPRJC N90'00'00"W 60.09' N90'00'00"W 400.00' CALC. CALC. SEE DETAIL "A" �4 A5 AS %A �o CORNER CORNER CALC. I vol I vol Vol � V0 � vo'� � of 9 OAKWOOD ADDITION �K 5 CORNS 4w I o i VOL. MRJC. 67 8v orn oo I oo i _gam °v I �rnc� do° I a "°'tea( �'°'a I I _o [y i I � I o00 000 00o gam' �$o SET Q o" z I z z I o d o,., o K + p pn°o NAIL ar SET PK" - TRACT 3 NAIL ABANDONED ORD108-061 OAKWOOD ADDITION VOL. 4, PG. 67 B` SC=9LA' 1"=100' MRJC LINE BEARING DIST NCE EXXON MOBIL CORPORATION 27' z DETAIL 'AA CF. NO. 2002006982 L1 SOO.04'22"E 10.08' OPRJC NOE N.T.S. L2 N89.55.38"E 15.33' 1. N04AG IN THS S ACY IS INIETCIED TO DF113S AN CRAM FZEGMAG L3 SOO'04'22"E 13.75' OAtOMP OR TIU 2 M Nt]'37 CER17FY IS 1.I470CD TO BE AN D�0'V(F'F F?yMoW L4 S89'S5'38"W 25.33' AMEN BY 1FE Sl Rb KR W-104 IS BM ON 14S REST NOI(EDG� 1WO14 4TICN LS N00'04'22'W 13.83' FND 3/4" FND 3/4" AD BEUF- FU�d1fD IN M OXASE OF HS F{1WL1WAG M SUi CY IN CgkU a L6 S89.55'38"W 57.60' 1. PI PPE I. PIPE VNIH hE STANDVW CF AwTa REwi;ED AI+D F FvAtc4TED BY TFE 1EXiLS BO4� L7 N21 11'30"E 1 0.73• DOUCETTE AVENUE CF L*V SI.RkYCRS*10 TFE TEMS SD'ETY CF FRpd4L LS N89 5535 E 63.70' ABANDONED 0100103-047 SLRWK)?S AS SUX}( IT C96TR IRS AUR-0?A GU4RWTEE NCR A VAgW TY DdiREM)pR IAf'Um TO THE OWNERS OF THE PREMISES SURVEYED JUNE 24, 2003 3 ALL SET 51T IROV RMS SET IN7H A CV STAWU 114 W. NHTpEy&ASSt7(X�4TES" AS OF THE DATE OF THE SURVEY, a ' EXXON MOBIL 0.0231 ACRE WATER LINE EASEMENT 1, THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY EXHIBIT "A" a+ �*f: OUT OF AND PART OF THE MADE ON THE SURFACE OF THE GROUND OF THE PROP Y DESCRIBED = f HEREON AND CORRECTLY REPRESENTS THE FACTS Aj7rpE - .: 09- ABANDONED BURT STREET OF THE SURVEY. ,;..•T.' tc os-z 8 os-20 . we to OUT OF AND PART OF DATE SUR MAY 12, x% 9��.� MARK W. WHITELEY LOT 14, BLOCK 4 AND ASSOCIATES THOMAS S:RU11�lE INCORPORATED OAKWOOD ADDITION CONSULTING ENGINEERS, VOLUME 4, PAGE 67, NAP RECORDS 9 572•• q sX SURVEYORS, AND PLANNERS DAVID BROWN SURVEY of o?,; o , ��;h°•. �s s� ,. .� ABSTRACT N0. 5 V '•••••, P. O. WX 6/Y2 =0 CASM PRA. THOMAS S. ROWE - REGISTERED PROFESSIONA . 5728 B UMONT. TINA3 TMA-30E ewmmr. 7 o T"OA trap .au-9W-lU6 BEAUMONT, JEFFERSON COUNTY, TEXAS goo-eax o,z, Illillllllllllliillllillllllllilllllllllllilllllllillll EAS 2009025689 6 PGS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT,EXXONMOBIL OIL CORPORATION,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 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 W day of ' 2009. GRANTOR: EXXONM OIL C,Qlf�q RATION By: p Printed Name: 000- e g13so Title: 9d ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared � 1 of EXXONMOBIL OIL CORPORATION, known to me to be the 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 I? day of -7i"-e , 2009. CYNTHFA R. EDWARDS R Notary Public,State of Texas My Commission Expires N tary Public, State of Texas r�H.I December 05,2010 lglrrir RETURN TO: City of Beaumont Ilona N. Baker P. O. Box 3827 Beaumont, TX 77704 h2o\exxonmobil IN EXHIBIT "A" Legal Description: 0.0231 Acre Water Line Easement Out of and Part of the Abandoned Burt Street Out of and Part of Lot 14, Block 4 Oakwood Addition Volume 4, Page 67, Map Records David Brown Survey, Abstract No. 5 Beaumont, Jefferson County, Texas BEING a 0.0231 acre water line easement situated in the David Brown Survey, Abstract No. 5, Jefferson County, Texas and being out of and part of that certain portion of Burt Street, identified as TRACT 4, as abandoned by the City of Beaumont in accordance with City Ordinance No. 08-061 and also being out of and part of Lot 14, Block 4 of Oakwood Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 4, Page 67, Map Records, Jefferson County, Texas, said Lot 14 also being conveyed by"Geraldine A. Breaux to ExxonMobil Oil Corporation as described in a "General Warranty Deed" recorded in Clerk's File No. 2006009987, Official Public Records of Real Property, Jefferson County, Texas, said 0.0231 acre water line easement being more particularly described as follows: NOTE: All bearings are based on the assumed bearing of NORTH 90 100'00" WEST for the North right-of-way line of Burt Street. All set 518" iron rods set with asap stamped "M.W. Whiteley &Associates ". COMMENCING at a 518" iron rod with a cap stamped "RPLS 3636" found for the Southeast corner of Block "B" of the said Oakwood Addition, said corner also being the intersection of the North right-of-way of the abandoned Burt Street (based on a width of 60 feet) and the West right-of-way line of the abandoned Grove Street (based on a width of 60 feet), said streets being abandoned by the above referenced City Ordinance No. 08-061; THENCE NORTH 90 000'00" WEST, along and with the North right-of-way line of the abandoned Burt Street, passing at a distance of 323.00 feet a 5/8" iron rod found for the Southwest corner of Lot 11 and the Southeast corner of Lot 12, Block 2 of Hillside Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 4, Page 182, Map Records, Jefferson County, Texas and continuing for a total distance of 725.62 feet to a point; THENCE SOUTH 00 000'00" EAST, over and across the abandoned Burt Street, for a distance of 42.04 feet to a "PK" nail set for the most Northerly Northeast corner and POINT OF BEGINNING of the easement herein described; THENCE SOUTH 00 004'22" EAST, for a distance of 10.08 feet to a 5/8" iron rod set for corner; THENCE NORTH 89 055'38" EAST, for a distance of 15.33 feet to a 5/8" iron rod set for corner; EXHIBIT"A" Page 1 of 3 MARIE W. WHITELEYAND ASSOM TES,INC. THENCE SOUTH 00 004'22" EAST, for a distance of 13.75 feet to a "PK" nail set for corner; THENCE SOUTH 89 055'38" WEST, for a distance of 25.33 feet to a "PK" nail set for comer; THENCE NORTH 00 004'22" WEST, for a distance of 13.83 feet to a "PK" nail set for corner; THENCE SOUTH 89 055'38" WEST, for a distance of 57.60 feet to a "PK" nail set for corner, said corner being in the East right-of-way line of Carroll Street; THENCE NORTH 21 011'30" EAST, along and with the East right-of-way line of Carroll Street, for a distance of 10.73 feet to a "PK" nail set for corner; THENCE NORTH 89 055'38" EAST, for a distance of 63.70 feet to the POINT OF BEGINNING and containing 0.0231 ACRES, more or less. Surveyed on May 12, 2009. This legal description is being submitted along with a plat based on this su OF S 7,,— „s......................�uM. THOMAS S.ROYIIE NMf.................. Thomas S. Rowe, RPLS No. 57 9 5728 V0009\09-208\09-208m&b.doc EXHIBIT "A" Page 2 of 3 MARK W. WHITELEYAND ASSOCIATES,INC. BURT -- - UBJE T w ° Cl DUU ETTE 7 HILLSIDE ADDITION I Vol 5I 'OT A I '01 5 101 6 I `OT `01 to p C3} VOL. 4, PG. 182 K 8 J w MRJC ��1 OAKWOOD ADDITION �� Z 0 9� VOL. 4, PG. 67 `01 10 vol A9 Vol 16 Vol 0 y01 16 �pT 15 `pT 1A X01 �5 `01 12 ti01 1% STAMPED W\ RPLS363 MRJ' FNO 5/8" 1. ROD W\CAP 6" V Z VICINITY MAP O REFERENCE BEARING ASSUMED • N.T.S. FND 518 (CALL 323.00 FNO I'ANGLE IRON TRACT 4 1 ROD FND N90'00 00"W 323.00" BEARS S77407 f 2.19 ANOONED ORD108-06 CALLED 0.5911 ACRES N90-00'00"W 725.62' S00'00'00""E 42.04' ABANDONED ORD103-083 BURT STREET TRACT 5 ABANDONED ORDj08-061 500'0049 E 60.00' CF. NO. 2005008148 (60' ROW) v _W ^ -EXISTING WATER LINE OPRJC N90'00'00'W 60.09' N90'00'00'W 400.00' CALC. CALC. CALC. SEE DETAIL "A" to A5 �l N% �p CORNER CORNER 5 CORNE 'pT I 'pT I v01 I 101 I vOT I 9 OAKWOOD ADDITION �pC� z 1-0 1 VOL. 4, PG. 67 9 4W I ° I z z I Zo I I MRJC o`o I QQ0 Qca �� oN `oN I I U I moa� I a� a� no I QF! GTQ I ��a �4 I �� I s°o o°ol s I I o �°o �o SET PK" Zc� 2 I 2 2 0 F.ON 3� I2 m °o co o o o NAIL SET K' Ov I Ov 1 a i I �� o ,, NA►L TRACT 3 OAKWOOD ADDITION �°o v o z Q) , ABANDONED ORD�08-061 VOL. 4, PG. 67 e�OC �"Z O Q, Z a' ":~° SCALD' 1 -100 LINE BEARING DISTANCE EXXON MOBIL CORPORATION m ? DETAIL "A � " CF. NO. 2002006982 N.T.S. L1 S00'04'22"E 10.08' OPRJC 1. N0714AG IN 1HS S1.R41LY IS INOM 10 DFffSS AN OW40V fIMMhG L2 N89'55'38"E 15.33' 000; IP CR 7111E L3 S00'04'22"E 13.75' 2 M KW CEROFY IS tMRSR D TO BE AN DON OF PAUUMA L4 S89'55'38"W 25.33' "0"BY M SIJIM" WICH IS BLED ON HS ffsT"WiDGIE, IAFOVA C1N L5 N00'04'22'W 13.83 FND 314" FND 314" AND Ci11EF; RmD IN 71f C1xRT OF HS FM2IING M 9JMY IN C04l9YNCE L6 S89'55'38"W 57.60' L PIPE 1. PIPE IVIH M STANDk%S CF FR C1KE REWR D AND PRO4UG47D BY M IIYAS BDM L7 N21.1 1'30"E 10.73' DOUCETTE AVENUE CF FFCFE5EKW LAND StiEM"M 7DAS SOCIETY CF F1UEMA L8 N89-55.38-E 63.70' ABANDONED ORD103-047 RJaC'CTS AS Ski IT OM71WIES NETT ER A aJ WffEE AM A NA14RW. 0FIREM)OR U VER JUNE 24, 2003 3 AL SET 5/8"ff0V RXS SET W7H A GAP STAWM 7K W. 1N-IW&ASMQE!5� TO THE OWNERS OF THE PREMISES SURVEYED MEN AS OF THE DATE OF THE SURVEY: EXXON MOBIL 0.0231 ACRE HATER LINE EASEMENT 1, THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY AS THIS DAY EXHIBIT 'A" sue: — �of OUT OF AND PART OF THE 1MADE ON THE SURFACE OF THE GROUND OF THE PROP Y DESCRIBED " ABANDONED BURT STREET HEREON AND CORRECTLY REPRESENTS THE FACTS Ajyp1E 09-208 09-208. WG OUT OF AND PART OF OF THE SURVEY. F9 1[ARK W. WHITELEY LOT 14, DATE SURVEY MAY 12, Gj�f4 Fo';{n AND ASSOCIATES BLOCK 4 ..,...........:.:........�...s. INCORPORATED OAKWOOD ADDITION THOMAS S.ROWE CONSULTING ENGINEERS, VOLUME 4, PAGE 67, MAP RECORDS 572 SURVEYORS. AND PLANNERS C DAVID BROWN SURVEY, "4,9 ,;°.°_F ABSTRACT NO. 5 0 7r �T.�. BEAUMONT JEFFERSON COUNTY, TEXAS BGUNUI4 7O-7nk04.PC 06AA* 4 -M 7na0 THOMAS S. ROWE - REGISTERED PROFESSIONA 5728 .oa-aw-az, (nup +aa-aoz-, I FILED AND RECORDED OFFICIAL PUBLIC RECORDS cfo4o�f. -"e'!%wt 2009 Jul 10, 02:02 PM 2009025689 . MOOREB: $32.00 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY, TEXAS •