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HomeMy WebLinkAboutRES 09-283 RESOLUTION NO. 09-283 WHEREAS, Southeast Texas Classic Real Estate, Inc., has offered to convey a ten foot (10') wide water line easement, being 0.321 acre out of the A. Williams Survey, as described in Exhibit "A" and shown on Exhibit 'A" page 3, attached hereto, to the City of Beaumont for the purpose of providing mandatory access to the water lines and fire hydrants for fire protection services to Classic Chevrolet at 3855 Eastex Freeway 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 Southeast Texas Classic Real Estate, Inc., as described in Exhibit "A" and shown on Exhibit "A," page 3, be and the same is hereby accepted for the purposes stated. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2009. r",�EAUMp �l�t Mayor Becky Ames - ew r _ _ I IT 2026 Republic Drive, Suite B T Tyler, Texas 75701 I E L ARTH U R- P.O. Box 9505 111WEYING, LLC; Tyler, Texas 75711 Phone: 903.509.2030 Fax: 903.509.2034 EXHIBIT "A", PAGE 1 OF 3 10' Wide,0.321 Acre Water line Easement Job No:09-010004 Eastex Freeway Frontage Road Beaumont,Texas All that certain lot, tract or parcel of land within the A. Williams Survey, Abstract No. 385, City of Beaumont, Jefferson County,Texas, and being part of a called 8.2939 acre tract of land described in Deed from Classic Special Real Estate, Inc. to Southeast Texas Classic Real Estate, Inc., recorded in Clerk's File Number 2007024672 of the Official Public Records of Real Property, Jefferson County, Texas, and this 10' Wide, 0.321 Acre Water line Easement being more completely described as follows: BEGINNING at a point for corner in the Easterly North boundary line of said called 8.2939 acre tract, same being the West right-of-way of Eastex Freeway (U.S. Highways 69, 96 & 287), from which a %" Iron Rod found for the most Easterly corner of said called 8.2939 acre tract bears South 43 deg. 48 min. 15 sec. East a distance of 505.38 feet; THENCE South 46 deg. 20 min.56 sec. West a distance of 11.27 feet to a point for corner; THENCE North 43 deg.39 min. 04 sec. West a distance of 4.16 feet to a point for corner; THENCE South 46 deg. 20 min.56 sec. West a distance of 141.35 feet to point for corner; THENCE South 73 deg. 52 min.47 sec. West a distance of 74.35 feet to a point for corner; THENCE South 16 deg. 07 min. 13 sec. East a distance of 25.70 feet to a point for corner; THENCE South 73 deg. 52 min.47 sec. West a distance of 10.00 feet to a point for corner; THENCE North 16 deg. 07 min. 13 sec. West a distance of 25.70 feet to a point for corner; THENCE South 73 deg. 52 min. 47 sec. West a distance of 20.51 feet to a point for corner; THENCE South 46 deg. 11 min.53 sec. West a distance of 320.54 feet to a point for corner; THENCE North 43 deg. 39 min. 04 sec. West a distance of 5.54 feet to a point for corner; THENCE South 46 deg. 20 min. 56 sec. West a distance of 15.87 feet to a point for corner; THENCE North 43 deg. 39 min. 04 sec. West a distance of 10.00 feet to a point for corner; THENCE North 46 deg. 20 min. 56 sec. East a distance of 15.87 feet to a point for corner; THENCE North 43 deg. 39 min. 04 sec. West a distance of 124.64 feet to a point for corner; THENCE North 17 deg. 51 min. 08 sec. West a distance of 12.57 feet to a point for corner; THENCE South 72 deg. 08 min. 52 sec. West a distance of 19.81 feet to a point for corner; THENCE North 41 deg. 58 min. 01 sec. West a distance of 10.96 feet to a point for corner; THENCE North 72 deg. 08 min. 52 sec. East a distance of 24.29 feet to a point for corner; THENCE North 17 deg. 51 min. 08 sec. West a distance of 22.43 feet to a point for corner; THENCE North 46 deg. 11 min. 45 sec. East a distance of 342.30 feet to a point for corner; THENCE North 43 deg.39 min. 04 sec. West a distance of 38.73 feet to a point for corner; 2026 Republic Drive, Suite B Tyler,Texas 75701 4 EL ARTHUR P.O. Box 9505 �VEYING, L-LC Tyler, Texas 75711 "x Phone: 903.509.2030 Fax: 903.509.2034 EXHIBIT "A", PAGE 2 OF 3 THENCE North 46 deg. 20 min.56 sec. East a distance of 10.00 feet to a point for corner; THENCE South 43 deg. 39 min.04 sec. East a distance of 38.71 feet to a point for corner; THENCE North 46 deg. 11 min. 45 sec. East a distance of 193.63 feet to a point for corner in the Easterly North boundary line of said called 8.2939 acre tract, from which a 5/8" Iron Rod found for the most Northerly corner of same bears North 43 deg.48 min. 14 sec. West a distance of 372.46 feet; THENCE South 46 deg. 11 min.45 sec.West a distance of 539.67 feet to a point for corner; THENCE South 17 deg. 51 min.08 sec. East a distance of 36.46 feet to a point for corner; THENCE South 43 deg.39 min.04 sec.West a distance of 127.86 feet to a point for corner; THENCE North 46 deg. 11 min.53 sec. East a distance of 312.98 feet to a point for corner; THENCE North 73 deg.52 min.47 sec. East a distance of 104.87 feet to a point for corner; THENCE North 46 deg. 20 min.56 sec. East a distance of 150.13 feet to a point for corner; THENCE South 43 deg. 48 min. 14 sec. East a distance of 14.16 feet PLACE OF BEGINNING AND CONTAINING 0.321 ACRE OF LAND. The bearings hereon are Grid and were derived from State Plane Coordinates. Texas South Central Zone NAD 1983.Scale Factor:0.99995828, Convergence Angle:02°22'47.46" I, Daniel R. Arthur, do hereby state that the above field notes were prepared from a survey made under my supervision during the month of January, 2009. GIVEN UNDER MY HAND AND SEAL,this 6th day of August, 2009. OF T ,. Daniel R.Arthur Registered Professional Land Surveyor .. .•• • • T H State of Texas No.5933 •6ANIEL 9. ARTHUR ..........••.. See Map No. 09-010004 prepared in conjunction with these field notes. °•.9D 5933o IF S j'�N© suR����Q A. WILUAMS LEAGUE SURVEY A-585 Call 9.5841 Ac. \ W,.M Ca//owoy-✓r V s/ey M. Calloway./ Clerx's ale No 91-94J7775 loncre(e / 115 L I N 43'3904.. - 124.64''7' _ b___ti___ .r � w ` ( 4 )2 ory •\ LINE BEARING DISTANCE 4` u 5 434914"E 14.16 -JO'Wide, O.J21 Ao \\ L2 S 46'2056 W '.1.27 W.1-/ne Ens•m•nt L3 N 4}'3904 W 4.16' U 5 ]3'52'47 w 74.35' U¢ L5 5 16'0713"[ 25.]0' lonnr(e. Proposed Building L6 5 73'52'47"W 10.00' - L7 N 16'07'13-w ?2 S 7 ' 5.70 0 LL9 B 433'5 '407"W W 554!''' `v n Asphol( LL1l 0 1 N 446'3US0""w w 10.00' LI2 N 46'2056 E L13 1'OB"W 12.57' L14 S 72'08'52 W 19.81' 10..96 24 29 4 72'0 L1 137'5 22.43 N 404 39' 38.73' L 19 N 4 100 43'39'04 E 38.71 S 4}'4815-E 1000 2 Pam a�- S 175108 E 36.46' E21 N 73.5247" 104.87' I n Vocinity Mop (Not to Scote) I 4.,uEw4. cy 3 PorfaDle pP / P _ 45 L18 Con<refe yl Projec! Cocolion �71 ,.c :t 2iI a Eoslex F.y I Qo G e`° Ioff. P f b53j2 eb APP AsPhplf 1! � N v y Z X - a 1 48-.... L3 4 ,Canute( ^' 5_43 -48} '1<'E 209.78' __ _________ _ Q \z .......PP Li Concre(e' L21 \° EASTEX FREE-WA Y FRONTAGE ROAD EXHIBIT "A", PAGE 3 OF 3 10' WATER LINE EASEMENT SURVEYS AS SHOWN CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS LEGEND SCALE: 1 " = 100' • GM = GanR,1 Row Ma.er • C =Iran Roo Foand • IPr= Iron P,.e,F.. • IRS=hon Rod Set The survey shown hereon is for use in the transaction for August, 2009 and is rsM= remporor]eenen Mara not valid for use it any other transaction involving the above referenced property x snotElearnn O P.P. =Electra-Power Pole The bearings are Grid and were derived from State Plane Coordinates. ` Light Pole � Texas South Central Zone NAD 1983 EP -,E 1ezt-Pedeslnl Ovemed Elec trm Seole Factor; 0-99995828 ET =Elec vtc Transrarmer Convergence Angle 2'22'47 46 pP v. = Power voan ❑ C.P. Coble Pedeslnl This survey substantially complies with the current Texas Society of Professional ❑ T = Telennnne Pedestal Surveyors standards and specifications for a cetegory 2, condition I survey. � =1 = Telephone vow, \� [0 T.T. = T---.— Tower �E. �.E!.e \ W.M. = Water Meler Rvalve o*.� \ D4 w.v = water �Q IC.V - rngalion Gonlrol Vmve DANIEL R ARTHUR \ © GM =Gas Meter GV = cos valve 5933 P:tee 1.1+ = Pre I,,dro . O M.M Manhole n \, O4SJ�J� / O C.o. clean EGISI t RED HR OF ESSIONAL LANG SURVEYOR NO 5933 O w_W_s water wen O i DRAWN BY W'IS LAYOUT: WATER LINE S11T. NO 3 OAT- 08/06/2009 IEL ARTI-IUR 7WG NC, 09-010004-WL JOB NO 09-010004 y At i2VEYING, LLC Of 2026 Repu dlt��Dr.,Smite 3 TE1er Tex 75701 3 AP-ROVED B". D.R-A. BOOK/RAGE PO Phone.4050TAe50T-2()M 5711 Iillllllllllllllllllllll EAS 2009041970 IIIIIIIIIIIIIIIIillliillliilllllilll , PGS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, SOUTHEAST TEXAS CLASSIC REAL ESTATE, INC., a Texas 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 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 lines and appurtenances on the hereinafter described land which said easement is 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 removing water lines, 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. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. 6A S� I�C��A 117�'ntnr,�nr.o o a=atian, ;Cpairtr nr of 440' water. ling This indamaity J P-n- to If the water line or any part thereof installed by Grantor shall be in any respect damaged by the City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Grantor shall not be entitled to prosecute or maintain a claim against Grantee for any such damage or injuries so sustained by it. Any repairs necessary to the water line by Grantee or its contractors shall be at the expense of the building owner at time of repair. Grantee will not be responsible for any damages to the structures caused by any type of failure to the water line or its related appurtenances. 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 3-2- N 0:__ day of o G.Ta G0 - 2009. GRANTOR: SOUTHEAST TEXAS CLASSIC REAL ESTATE, INC. By !Z Z Printed Name P-,,A NE R1+-0 nY Title V• P ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X The foregoing instrument was acknowledged before me on C-�o�Jt,r Z2,2009, by R 6 Wr%t v.a C� , the " c'L r--5,' d �,ft of SOUTHEAST TEXAS CLASSIC REAL ESTATE, INC., a Texas corporation, on behalf of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this LZ' day of 0 � ' 2009. Notary Public, State of Texas RETURN TO: City of Beaumont Ilona N.Baker P. O.Box 3827 t �PQYP&m "__'� t Beaumont, TX 77704 t j 0f5c- $ \classic_chery 9/15/2009 9:1_0 AM FROM: Fax Daniel Arthur Surveying, LLC TO: 14098803732 PAGE: 002 OF 004 Beaumont,Texas All that certain lot, tract or parcel of land within the A. Williams Survey, Abstract No. 385, City of Beaumont, Jefferson County,Texas,and being part of a called 8.2939 acre tract of land described in Deed from Classic Special Real Estate, Inc.to Southeast Texas Classic Real Estate, Inc., recorded in Clerk's File Number 2007024672 of the Official Public Records of Real Property, Jefferson County, Texas, and this 10' Wide, 0.321 Acre Water line Easement being more completely described as follows: BEGINNING at a point for corner in the Easterly North boundary line of said called 8.2939 acre tract,same being the West right-of-way of Eastex Freeway (U.S. Highways 69, 96 & 287), from which a %" Iron Rod found for the most Easterly corner of said called 8.2939 acre tract bears South 43 deg.48 min. 14 sec. East a distance of 504.76 feet; THENCE South 46 deg.11 min.46 sec.West a distance of 12.00 feet to a point for corner; THENCE North 43 deg.48 min. 14 sec.West a distance of 5.00 feet to a point for corner; THENCE South 46 deg.11 min.46 sec.West a distance of 140.25 feet to point for corner; THENCE South 73 deg.52 min.47 sec.West a distance of 74.75 feet to a point for corner; THENCE South 16 deg.07 min.13 sec.East a distance of 25.70 feet to a point for corner; THENCE South 73 deg.52 min.47 sec.West a distance of 10.00 feet to a point for corner; THENCE North 16 deg.07 min.13 sec.West a distance of 25.70 feet to a point for corner; THENCE South 73 deg.52 min.47 sec.West a distance of 20.52 feet to a point for corner; THENCE South 46 deg.11 min.46 sec.West a distance of 328.92 feet to a point for corner; THENCE North 42 deg.13 min.14 sec.West a distance of 180.72 feet to a point for corner; THENCE North 46 deg.11 min.46 sec.East a distance of 365.87 feet to a point for corner; THENCE North 43 deg.48 min,14 sec.West a distance of 39.00 feet to a point for corner; THENCE North 46 deg, 11 min.46 sec.East a distance of 10.00 feet to a point for corner; THENCE South 43 deg.48 min.14 sec.East a distance of 39.00 feet to a point for corner; THENCE North 46 deg. 11 min.46 sec. East a distance of 193.53 feet to a point for corner in the Easterly North boundary line of said called 8.2939 acre tract, from which a 5/8" Iron Rod found for the most Northerly corner of same bears North 43 deg.48 min.14 sec.West a distance of 372.46 feet; THENCE South 43 deg.48 min. 14 sec.East,along the Easterly North boundary line of said called 8.2939 acre tract, a distance of 10.00 feet to a point for corner; THENCE South 46 deg.11 min,46 sec.West a distance of 559.67 feet to a point for corner; THENCE South 42 deg.13in.14 sec.East a distance of 160.71 feet to a point for corner; THENCE North 46 deg.11 min.46 sec.East a distance of 321.10 feet to a point for corner; THENCE North 73 deg.52 min.47 sec.East a distance of 105.27 feet to a point for corner; 2026 Republic Drive,Suite B Tyler,Texas 75701 I E L ARTHUR P.O.Box 9505 ' EYING, L C Tyler,Texas 75711 Phone:903.509.2030 Fax:903.509.2034 EXHIBIT "A", PAGE 2 OF 3 THENCE North 46 deg.11 min.45 sec.East a distance of 149.78 feet to a point for corner; THENCE South 43 deg.48 min.14 sec. East a distance of 15.00 feet PLACE OF BEGINNING AND CONTAINING 0.318 ACRE OF LAND. The bearings hereon are Grid and were derived from State Plane Coordinates. Texas South Central Zone NAD 1983,Scale Factor:0.99995828,Convergence Angle:02°2247.46" I, Daniel R. Arthur, do hereby state that the above field notes were prepared from a survey made under my supervision during the month of January,2009. GIVEN UNDER MY HAND AND SEAL,this 14''day of September,2009. O x, s Daniel R.Arthur Registered Professional Land Surveyor State of Texas No.5933 ...... YY/L _ N°• See Map No.09-010004 prepared in conjunction with these field notes. $' � tia�¢ III i i _ !I i f i I A. W/LLIAMS LEAGUE SURVEY A-385 CoN 9.5HH Ac. W.N.GpddwoJ..A: la W ycryy M.COIb J.!p parA.i Fd.Atrx 9x-9437775 Cpncre+s-.:•_'tt � b l 70'lYide, OLS1B AC 41�. _"ter tyre common! LINE BEARING I olsTANCE I l i L4 S 4Si&•44' E 15:00' C°n e''y Prnpofetl.BvNd'np l2 5 46'17'46"W III N 43"48'74"W 5.00r ti 4mror L4 5 735247"W 74.75' LS 3 16'07'43"E 25J0' /r L6 S.73'52'47"IN I 50.00' L7 N 16'07'113`w.l 2570' a:onplt L8 S 73`52'47"W 20.52' 2 L9 N 4548'14°W 39.00' L10 N 46'41'46" E. 1.000'!. m L1t S 43'4814"E 39.00 L12 S 4TW14. E 40.00' L13 N 7552'47"E '05.27 a• Vacrnty Mp{z (Nat to Scote) PNfpSh: P.P C £ostez Fry 11, ` gh.372. P°,pc P.P. ti f14) J trek _ _ --------- �-a7�'IV: r - EA, TEX FREEWA Y FRONTAGE ROAD EXHIBIT "A", PAGE 3 OF 3 10' WATER LINE EASEMENT SURVEYS AS SHOWN CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS LEGEND • 'IRF 4a Rat PpuO.ow.Nuke j SCALE: 1" = 100' . a.s k Pp P • iP5 kp P;P.5.1 The survey shown hereon is for use in the transaction for August, 2009 and is T9M T+.r Yeencn M.rk not valid for use in any other transaction involving the above referenced property. ,x ppolRle V_ a..yrPorn -� .P. Ugh:Pot. The bearings are Gric cnd were derived frarn Mate Plane Coordinates. EP_-Electric Pcoestul Texas South Central Zone NAC 1983. -E- 5cale =actor: 0.994S5S28 � ET Canver^yence Angle: 2'22'47.46" C Pv.=P.—v.mc ❑ cP.-ed.Ie Peaeetm This survey substantially comp'es with the current Texas Society of Professional a T,P.a Telephony Pod-1.1 Surveyors standards and specif;catFons for a category 2, condition 1 survey. T.v:=Td.v+o"e vomt oM F ® Tw..TM T1VOfemr iAsleitoer T.., T ;o fq ,^q v.-wcldr v � Oyu' pQ LCV.=trdyptrn control vcwe DANIEL R .ARTHUR ID ay.- cm ft- t ID ay._„oe vawe aA(� -6 F.H.-Fka Nytlront -{ D SURNr`' o c.o.- ale.._t ✓ 3F a ASURVEYOR NO. 5933 Q r W.m w.l Aeil p SH7. N0. DRAWN?Y: M_C.G. LAYOUT: WATER LINE n CA-E: 06/06/2009 REVISED DA-.E: 09/14/2009 EL AKTHUh vMNG,LLC of DWG NO.: 09-010004-WL JOB NO.: 09-Ot000a 20*R�pbl ite B,ttka.Terns 75701 3 APPROVED 5Y: D.R.A. eOOK/PAGE. Phone: 0903) 509-2030 P.O. Box 9505 Tyler,Texas 25711 FILED AND RECORDED OFFICIAL PUBLIC RECORDS --e'x 2009 Nov 04, 01:57 PM 2009041970 CAROL: $36.00 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY, TEXAS