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HomeMy WebLinkAboutRES 09-225 RESOLUTION NO. 09-225 WHEREAS, ST Partners III, Ltd., has offered to convey a ten foot (10')wide water line easement for property located at 6210 Sienna Trails, said easement being out of Lot 2, Block 1 of the Sienna Trails Subdivision, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, to the City of Beaumont for the purpose of providing water services for the Garden of Sienna Apartments; 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 ST Partners III, Ltd., as described in Exhibit "A" and shown on Exhibit "B", be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of August, 2009. ayor Becky Ames - t Fittz- & Shipman INC Consulting Engineers and Land Surveyors EXHIBIT A CENTERLINE DESCRIPTION FOR A 10' WIDE WATER LINE EASEMENT OUT OF THE THOMAS SPEAR SURVEY, ABSTRACT 50 JEFFERSON COUNTY, TEXAS JUNE 2,2009 LINE 1 & 2 REVISED: JULY 22, 2009 That certain centerline description for a 10' wide water line easement out of the Thomas Spear Survey, Abstract 50, Jefferson County, Texas, being out of Lot 2, Block 1 of Sienna Trails Subdivision, a plat recorded in Clerks File No. 2008035976 of the Official Public Records of Jefferson County, Texas, said centerline description being more particularly described as follows.. Note: The Basis of Bearing is the north line of said Lot 2, Block having been called South 89 054'30" East 696.48 feet. LINE 1 COMMENCING at a capped iron rod found in the easterly right-of-way line of Sienna Trails Drive for the northwest corner of said Lot 2; THENCE South 89°54'30" East along the north line of said Lot 2 a distance of 10.62 feet to a point in the easterly line of an existing 10' wide utility easement; THENCE South 19°45'45" West along the said easterly line of an existing 10' wide utility easement a distance of 5.31 feet to a point for the POINT OF BEGINNING of the said centerline of Line 1; THENCE South 89°54'30" East along the said centerline of said Line 1, at a distance of 140.18 feet pass the POINT OF BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears South 40.62 feet, and continuing along the said centerline of Line 1 a total distance of 284.28 feet to an angle point; THENCE South continuing along the said centerline of Line 1, at a distance of 49.21 feet pass the POINT OF BEGINNING of LINE 2, at a distance of 134.45 feet pass the POINT OF BEGINNING of TAP E from which the POINT OF TERMINATION of said TAP E bears West 15.00 feet, at a distance of 216.88 feet pass the POINT OF TERMINATION of LINE 2, at a distance of 312.39 pass the POINT OF BEGINNING of TAP D from which the POINT OF TERMINATION of said TAP D bears East 23.73 feet, and continuing along the said centerline of Line 1 a total distance of 383.59 feet to a point in the northerly line of an existing 10' utility easement for the POINT OF TERMINATION of said Line 1 from which a capped iron rod found in the north right-of-way line of Timber Creek Loop for the southeast corner of said Lot 2 bears South 59°30' 06" East 62.96 feet; Fittz&Shipman,Inc. Project No. 08344.0003wtresnt Plat&Description 1405 Cornerstone Court,- Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 EXHIBIT "A" EXHIBIT A LINE 2 BEGINNING at a point described in Line 1 above-, THENCE East along the said centerline of said Line 2, at a distance of 65.35 feet pass the POINT OF BEGINNING of TAP B from which the POINT OF TERMINATION of said TAP B bears North 23.80 feet, and continuing along the said centerline of Line 2 a distance of 252.40 feet to an angle point-, THENCE South continuing along the said centerline of Line 2, at a distance of 79.35 feet pass the POINT OF BEGINNING of TAP C from which the POINT OF TERMINATION of TAP C bears East 16.60 feet, and continuing along the said centerline of Line 2 a total distance of 167.67 feet to an angle point,- THENCE West continuing along the said centerline of Line 2 a distance of 252.40 feet to a point in the above described centerline of Line 1 for the POINT OF TERMINATION of said Line 2., This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during March 2009. alter J. Ksiaz Registered Profession Land Surve No. 5321 `t4� Fitt;&Shipman,Inc. Project No. 08344.0003wtresnt Plat&Description i COMMENCING REMAINDER OF POINT MUSE LIMITED, INC. LINE 1 CLERKS FILE NO. 9809740, O.P.R.J.C. FOUND (CALLED 62.29 ACRES) (BASIS OF BEARINGS) I FOUND CAPPED (CALLED S 89'54'30" E 696.48) I IRON ROD CAPPED S 89'54'30" E 696.48 NOW OR FORMERLY IRON ROD L1 L3 SITE I! _ _ _—_- _ _ - -- I LOCAION 140.18 Q1 Fd, 144.09 I N TAP B 5' BUILDING LINE I VOLE 700, PG. 4o52,LD.R.J.C. � 65-35 J — — —187.05 — — POINT OF — — — — — Q BEGINNING LINE 2 LINE 1 NOW OR FORMERLY RONALD J , - -- �'� POINT OF es 10' WIDE WATER I J. KIBODEAUX �zs g LINE 1 BEGINNING VOL. 1678, PG. 190, D.R.J.C. C._ LINE EASEMENT LINE 2 C14 i�A ` " (5' EACH SIDED L13 w OF CENTERLINE) TAPE J I P C c POINT OF TERMINATION �� I a �6 co LOT 2, BLOCK I LINE 2 I ~ Q ° NOW OR FORMERLY SIENNA TRAILS SUBDIVISION �1 W NUMBER I DIRECTION DISTANCE .2,Z CLERKS FILE NO. 2008035976, O.P.R.J.C. �� _ LINE 2 _L10_ _ _ _ _ w a n-o RONALD B. MILLICAN L1 S 89'54'30" E 10.62 Q — — — — — _ -- — _ a z m VOL. 1734, PG. 57, D.R.J.C. CALLED S 89'54'30" E ~ 0 6210 SIENNA TRAILS DRIVE I o L2 S 19'45'45" W 5.31 0 j m POINT OF I n I L4 —[S-OUTH 4'30" E 40.28 Co TERMINATION + ° N LINE 1 L5 SOUTH 384.92 m 10' WIDE WATER L11 IL6 EAST JE62.96 2.40 LINE EASEMENT I TAP D NOW OR FORMERLY L7 NORTH .80 X (5' EACH SIDE I � E.H. RICHARDSON L8 SOUTH 7.67 W FOUND OF CENTERLINE) ° VOL. 411, PG. 503, D.R J.C. L9 EAST .60 IRON L10 WEST 2.40 L11 EAST .73 G ENE �2 L12 S 59'30'06LOT 1, BLOCK 1 L13 WEST 00 �0 SIENNA TRAILS SUBDIVISION 25 uj�A/ CLERKS FILE NO. 2008035976, O.P.R.J.C. g FOUND ^Q v CAPPED IRON ROD I SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION DURING MARCH 2009. r 0 50 100 S C A L E Y 10' WIDE WATER LINE EASEMENT WALTER J. KSIAZEK 7Zr ' Fittz&Shipman ;HEFT ND REGISTERED PROFESSIONAL LA SURVEYOR N 21 'x°`""" f INC. PROJECT NAME: THE GARDENS OF SIENNA 7 Consulting Engineers and Land Surveyors 6210 SIENNA TRAILS DRIVE 1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT TEXAS PROJECT NO. ' ` ' (409) 832-7238 FAX (409) 832-7303 ' REVISED: 7-9-09 DATE: 6-2--09 08344.0003 e - IIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllliiliillllllllllllllll 6APGS 2909030912 STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT,S.T.PARTNERS VI,LTD,of the County ofHarris,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 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 f ever. EXECUTED this 4 day of , 2009. GRANTOR: S.T. PART VI, LTD B : Printed Name: Title: A ex,r ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF HARRIS X BEFORE ME, the undersigned authority, on this day personally appeared Ob A452/n Lek 4&44f-L— of S.T. PARTNERS VI, LTD, known to me to be the person and officer vase 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 49 of 09. r REBECCA L PELLERIN 44""� I MY COMMISSION EXPIReS May 9 9, Public, State of Texas PON ,2 2012 RETURN TO: City of Beaumont Ilona N. Baker P. O. Box 3827 Beaumont, TX 77704 h2o\sienna trails esmt AL.ZM Ffttz INC Consulting Engineers and Land Surveyors EXHIBIT A, PAGE 1 OF 3 CENTERLINE DESCRIPTION FOR A 10' WIDE WATER LINE EASEMENT OUT OF THE THOMAS SPEAR SURVEY, ABSTRACT 50 JEFFERSON COUNTY, TEXAS JUNE 2,2009 LINE 1 & 2 REVISED: JULY 22, 2009 That certain centerline description for a 10' wide water line easement out of the Thomas Spear Survey, Abstract 50, Jefferson County, Texas, being out of Lot 2, Block 1 of Sienna Trails Subdivision, a plat recorded in Clerks File No. 2008035976 of the Official Public Records of Jefferson County, Texas, said centerline description being more particularly described as follows: Note: The Basis of Bearing is the north line of said Lot 2, Block having been called South 89 054'30" East 696.48 feet. LINE 1 COMMENCING at a capped iron rod found in the easterly right-of-way line of Sienna Trails Drive for the northwest corner of said Lot 2; THENCE South 89°54'30" East along the north line of said Lot 2 a distance of 10.62 feet to a point in the easterly line of an existing 10'wide utility easement; THENCE South 19°45'45" West along the said easterly line of an existing 10' wide utility easement a distance of 5.31 feet to a point for the POINT OF BEGINNING of the said centerline of Line 1; THENCE South 89°54'30" East along the said centerline of said Line 1, at a distance of 140.18 feet pass the POINT OF BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears South 40.62 feet, and continuing along the said centerline of Line 1 a total distance of 284.28 feet to an angle point; THENCE South continuing along the said centerline of Line 1, at a distance of 49.21 feet pass the POINT OF BEGINNING of LINE 2, at a distance of 134.45 feet pass the POINT OF BEGINNING of TAP E from which the POINT OF TERMINATION of said TAP E bears West 15.00 feet, at a distance of 216.88 feet pass the POINT OF TERMINATION of LINE 2, at a distance of 312.39 pass the POINT OF BEGINNING of TAP D from which the POINT OF TERMINATION of said TAP D bears East 23.73 feet, and continuing along the said centerline of Line 1 a total distance of 383.59 feet to a point in the northerly line of an existing 10' utility easement for the POINT OF TERMINATION of said Line 1 from which a capped iron rod found in the north right-of-way line of Timber Creek Loop for the southeast corner of said Lot 2 bears South 59°30' 06" East 62.96 feet; Fittz&Shipman,Inc. Project No.08344.0003wtresnt Plat&Description 1405 Cornerstone Court,* Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 1 EXHIBIT A, PAGE 2 OF 3 LINE 2 BEGINNING at a point described in Line 1 above; THENCE East along the said centerline of said Line 2, at a distance of 65.35 feet pass the POINT OF BEGINNING of TAP B from which the POINT OF TERMINATION of said TAP B bears North 23.80 feet, and continuing along the said centerline of Line 2 a distance of 252.40 feet to an angle point; THENCE South continuing along the said centerline of Line 2, at a distance of 79.35 feet pass the POINT OF BEGINNING of TAP C from which the POINT OF TERMINATION of TAP C bears East 16.60 feet, and continuing along the said centerline of Line 2 a total distance of 167.67 feet to an angle point; THENCE West continuing along the said centerline of Line 2 a distance of 252.40 feet to a point in the above described centerline of Line 1 for the POINT OF TERMINATION of said Line 2; This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during March 2009. Walter J. Ksiaze Registered Profession Land Surve No. 5321 'SALTER J. KSIAZEK Mn Y ZSSAtaa � r FYUz&Shipman,Inc. Project No.08344.0003wtresnt Plat&Description I COMMENCING REMAINDER OF POINT MUSE LIMITED, INC. EXHIBIT "A", Page 3 of 3 LINE 1 CLERKS FILE N0, 9809740, O.P.R.J.C. FOUND (CALLED 62.29 ACRES) • FOUND " CAPPED (BASIS OF BEARINGS) CAPPED - (CALLED S 89'54'30" E 696.48) IRON ROD _i- IRON ROD L1 L2 I _ -- L3 S 89'54'30" E 696.48 NOW OR FORMERLY � -- - -- — — —5' — — — — — ELBERT COLLINS 140.18 Q� rd, 144.09 I TAP B 5' BUILDING LINE VOL. 700, PG, 452, D.R.J.C. SITEI- �y n LOCA ION o rTl^y 65.39) L 187.G5 4 / POINT OF / BEGINNING LINE 2 L6 LINE 1 I I POINT OF n I I NOW OR FORMERLY w 10' WIDE WATER I RONALD J. KIBODEAUX 9 0 LINE EASEMENT LINE 1 I LINE BEGINNING a ^i IL9 VOL. 1678, PG. 190, D.R.J.C. 29 a° cGt (5' EACH SIDE Li 331 I cgpo w OF CENTERLINE) TAPE I J -j TAP CI u $ POINT OF ° [TER MINATION I I Q w o LOT 2, BLOCK 1 LINE 2 'd I I w *°3 z SIENNA TRAILS SUBDIVISION )I a d° CLERKS FILE NO. 2008035976, O.P.R.J.C. J o w D NOW OR FORMERLY NUMBER DIRECTION DISTANCE _ LINE 2 _ — —____J J j w a o RONALD B. MILLICAN L1 S 89'54'30" E 10.62 Iw IZ 6210 SIENNA TRAILS DRIVE F z N VOL. 1734, PG, 57, D.R.J.C. CALLED S 89'54'30" E —__————_ —— r S 1945'45" W 5.31 I�I m POINT OF I ° L3 S 89'54'30" E 284.28 �o N TERMINATION L4 SOUTH 40.62 I 10'E WIDE WATER I IL71 I L5 SOUTH 384.92 LIS EAST I LINE EASEMENT TAP D I NOW OR FORMERLY L7 NORTH 23.800 OF EACH SIDE E.H. RICHARDSON FOUND OF CENTERLINE) I I° L8 SOUTH 167.67 I CAPPED I VOL. 411, PG. 503, D.R.J.C. 16.60 L9 EAST\ \ IRON ROD - — — — — I r L10 WEST 252.40 L11 EAST 23.73 L12 S 59'30'06" E 62.96 �4 LOT 1, BLOCK 1 1-13 WEST 15.00 SIENNA TRAILS SUBDIVISION FOUND CLERKS FILE NO, 2008035976, O.P.R.J.C. CAPPED IRON ROD 1 SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY& DESCRIPTION MADE �,'. ^' O�F, ON THE GROUND UNDER MY SUPERVISION DURING MARCH 2009. q' -L`Y`E�%•+.rte ��' 0 50 100 G1STr�• 4s trs:, S® ° " WALTER J. KSIAZEK Fittz&Shipman 10' WIDE WATER LINE EASEMENT SHEET NO WALTER J. KSIAZEK yj INC. PROJECT NAME: 3 REGISTERED PROFESSIOA-1ANn VEYO R NO. 5 " 6 PLt11 9 ••� acv �nrtdtingEngrneersandLundsurveyors THE GARDENS OF SIENNA !'••��9��••`Q 1405 CORNERSTONE COURT, BEAUMONT, TEXAS 6210 SIENNA TRAILS DRIVE PROJECT No. �oSttHYw'1O (409) 832-7238 FAX(409)832-7303 BEAUMONT, TEXAS REVISED: 7-9-09 DATE:6-2-09 08344.0003 '! ° FILED AND RECORDED OFFICIAL PUBLIC RECORDS e14+ 'Va4t 2009 Aug 10, 01:55 PM 200903 0912 CAROL: $32.00 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY, TEXAS •