HomeMy WebLinkAboutRES 09-335 RESOLUTION NO. 09-335
WHEREAS, The Islamic Society of Triplex, Inc., has offered to convey a ten foot
(10')wide water line easement out of City Plat B-20, Block 102, Tracts 17 E & F and Block
103, Tract 18 of the Gladys City Oil, Gas and Manufacturing Company Subdivision, in the
J. A. Veatch Survey, as described in Exhibit"A" and shown on Exhibit"B"attached hereto,
to the City of Beaumont for the purpose of providing water services to property located at
1270 West Cardinal Drive; 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 The Islamic Society of Triplex, Inc., 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 3rd day of
November, 2009.
11111
i 10 Mayor Becky Ames -
/y
to
It
Water Line Easement
Legal Description: 0.2097 (9,134 sq. ft.) Acre Tract of Land
John A Veatch Survey, Abstract No. 55
Jefferson County, Texas
BEING a 0.2097 (9,134 sq. ft.) acre tract or parcel of land situated in the John A Veatch Survey,
Abstract No. 55, Jefferson County, Texas and also being out of and part of that certain called
4.2873 acre tract of land as described in a "Special Warranty Deed" to Islamic Society of
Triplex, Inc. as recorded in Clerk's File No. 95-9515862 Official Public Records of Real
Property, Jefferson County, Texas, said 0.2097 (9,134 sq. ft.) acre tract being more particularly
described as follows:
NOTE: All bearings are based on the most Northerly Northeast line of the above
referenced 4.2873 acre Islamic Society of' Triples, Inc. as NORTH 27°36'00"
WEST.
BEGINNING at a 1/2" iron rod found for the North corner of the tract herein described, the
same being the East corner of that certain called 0.53 acre tract of land, also being identified as
Tract I and Tract II, as described in a "General Warranty Deed" to Caroline Bennett as recorded
in Clerk's File No. 2002012322 Official Public Records of Real Property, Jefferson County,
Texas, and being located on the Southwest right of way line of Avenue A (based on a width of
45 feet);
THENCE SOUTH 62°44'19" WEST, along the boundary line between the tract herein described
and said 0.53 acre Bennett tract, that certain called 75'x l 50' tract of land as described in a
"General Warranty Deed" to Joseph Brown and Caroline Brown as recorded in Clerk's File No.
206039476 Official Public Records of Real Property, Jefferson County, Texas, and that certain
tract of land as described in a "Deed" to Vito Rizzo and Concetta Grillo Rizzo as recorded in
Volume 1 139 Page 151, Deed Records, Jefferson County, Texas, a distance of 356.19 feet to a
point for corner;
THENCE SOUTH 27 015'41" EAST, over and across the said 4.2873 acre Islamic Society of
Triplex, Inc. tract, a distance of 52.02 feet to a point for corner;
THENCE SOUTH 62 028'12" WEST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 261.59 feet to a point for corner;
THENCE SOUTH 19°11'19" WEST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, passing at a distance of 49.75 feet to an interior ell corner of the
said 4.2873 acre Islamic Society of Triplex, Inc. tract and the East corner of that certain called
0.67 acre tract of land as described in a "Special Warranty Deed" to Anna Elizabeth Chamberlain
as recorded in Clerk's File No. 2004046052 Official Public Records of Real Property, Jefferson
County, Texas, and continuing for a total distance of 189.75 feet to a point for the South corner
of the said 0.67 acre Chamberlain tract, the most Southerly West corner of the said 4.2873 acre
Islamic Society of Triplex, Inc. tract, and in the North right of way line of Cardinal Drive ( also
known as Highway 287, 69, & 96),
EXHIBIT "A"
Page ] of 2
MARK W WHITELEYAND ASSOCIATES,INC.
THENCE SOUTH 70 048'41" EAST, along the North right of way line of Cardinal Drive, a
distance of 10.00 feet to a point for corner;
THENCE NORTH 19°11'19" EAST, over and across the said 4.2873 acre Islamic Society of
Triplex, Inc. tract, a distance of 185.78 feet to a point for corner;
THENCE NORTH 62°28'12" EAST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 257.57 feet to a point for corner;
THENCE SOUTH 27°15'41" EAST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 30.02 feet to a point for corner;
THENCE SOUTH 62 044'19" WEST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 20.66 feet to a point for corner;
THENCE SOUTH 27°15'41" EAST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 10.00 feet to a point for corner;
THENCE NORTH 62 044'19" EAST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 30.35 feet to a point for corner;
THENCE NORTH 27015'41" WEST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 92.04 feet to a point for corner;
THENCE NORTH 62 044'19" EAST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 346.54 feet to a point in the Southwest right of way
line of Avenue A;
THENCE NORTH 27 029'41" WEST, along the Southwest right of way line of Avenue A, for a
distance of 10.00 feet to the POINT OF BEGINNING and containing 0.2097 (9,134 sq. ft.)
ACRES, more or less.
This legal description is being submitted along with a plat based on this description that is
compiled from previous work performed on this tract dated October 2003.
s�
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Mark W. Whiteley, PE, RPLS #36 -s;. f'css °-i
W:\2009\09-295\09-295WATERLI1qE EASEME
EXHIBIT"A"
Page 2 of 2
MARK W WH/TELEYANDASSOCIATES.INC
LINE BEARING DISTANCE PO
L l S2715'41 T 52.02' END 1/2"
L2 570'48'41"E 10.00' I. R D
L3 527'15'41"E 30.02' \OP
L4 562.44'19"W 20.66' TRACT I & TRACT II
L5 S27'15'41"E 10.00' CALLED 0.53 ACRES TRACT 1 ,� �'� r
CAROLINE BENNETT 0 ---
L6 N62'44'1 9 E 30.35' CF. NO. 2002012322 END i/2' `, `�q�( - = �WY. 6 "
L7 N27'15'41"W 92.04' OPRJC I.
L8 N27'2941"W 10.00' , ii dj1 �j, CSC
TRACT II Xh�� �� / ��\�CP X60°O•.
ors 9! 4�
OFAlF °0^12 nj i ��1 66o
0� " Pad�� `y0 O
o `��°� o�°°�°� 's 0,
,oho ��+,s �o „ct, �cg ° oo° cP 1 s���6, VICINITY MAP
fir!
SC4LL' 1"=100' ry�'! 0�9"p i�CO s1j„T6•
/ � NOTE:
° AD NTELEY NF�SSCBEyP6c j,> MRK W WHI PREFORMED BY� � s >s.p� ` 9!! r�� DATED OCTOBER 2003.
--PROPOSED 0.2097 ACRE
(9,134 S . FT)
WATERLINE EASEMENT
CALLED 4.2873 ACRES
ISLAMIC SOCIETY OF TRIPLEX, INC. �
�.' CF. N0. 95-9515862
OPRJC
TO THE OWNERS OF THE PREMISES SURVEYED
CALLED 1.9427 ACRES AS OF THE DATE OF THE SURVEY.
THE ISLAMIC SOCIETY
OF TRIPLEX INC. 1, MARK W WHI TELEY DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY W
FC. N0. 101-C2-1389 MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
/0 ��J OPRJC HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME
49-Lb, ,���jc pO, OF THE SURVEY, W
THE ISLAMIC SOCIETY P�°'� °�'�.� 1 � ,0 0
OF TRIPLEX, INC 1�� Cp�'• �0 `� S� T••••o. T�
CF. NO. 2004020910 \. �' / p��� Q `✓•" S T °•`
.
!
.•M..................ITELEY.
`
Co MARK W. WHI
TELEY - REGI T
S ERED PROFESSIONAL N
OJ I� lA D 3g
FND 570 55 O1 E 100.90 CLIENT
:
(CALL S7955'00'E 100.90') ISLAMIC CENTER
?� I W OR BY: SAw SCALE:
C> SHEET No.:
�1P�ooO S i a, So VER: ACAD 1'=too' 1 of 1 0.2097 ACRE
JOB NO. RLE: W:\2009\09-295\ REV.
'
o .-� j ,,_,w 09-295 09-295 WATERLINE EASEAIENT.pW (9,134 SQ. FT)
o° o� �io� mo WATERLINE EASEMENT
MARK W. WHITELEY
P�F � ;,z AND ASSOCIATES JOHN A VEATCH SURVEY
INCORPORATED ABSTRACT N0. 55
j I CONSULTING ENGINEERS,
SURVEYORS, AND PLANNERS JEFFERSON COUNTY, TEXAS
_._, _• I,2, , FND S70'55'QO' 195.70', _ FND S10'5501 E 110.00' T—Register agi m
(CALL 570'55 00 E 195.70) (CALL S70'55'00'E 110.00 ) -` FIr-F-2633
P. 0. BOX 5492 9E60 X43 MC PRVY,
CARDINAL DRIVE (ALSO KNOWN AS HIGHWAY 88, BB,287) auuwolrr, totAS rrrm-6192 e 1 u o toes rrros
aoa-Baz-0421 (TAXI 1o9-eez-Isle
EAS 2009041971
S PGS
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, the ISLAMIC SOCIETY OF TRIPLEX, INC., a Texas Non-Profit 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 Exhibits "A" and`B", 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 ��7�/�n�''(" , 2009.
GRANTOR:
ISLAMIC SOCIETY OF TRIPLEX, INC.
By.
Title:
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF HARRIS X
BEF RE ME the undersigned authority, on this daypersonally appeared Algknn
4-0 " t reto v' of the ISLAMIC SOCIETY OF TRIPLEX, INC.,
known to me to e 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 9D day of 2009.
`���� A N•BAkcc��'' Q
_ Notary Public, State of Texas
r
w
r
RETURN TO: City of Beaumont F''`AA,
Ilona N. Balser
P. O. Box 3827
Beaumont, TX 77704 h2o\is1amic_esmt
Water Line Easement
Legal Description: 0.2097 (9,134 sq. ft.) Acre Tract of Land
John A Veatch Survey, Abstract No. 55
Jefferson County,Texas
BEING a 0.2097 (9,134 sq. ft.) acre tract or parcel of land situated in the John A Veatch Survey,
Abstract No. 55, Jefferson County, Texas and also being out of and part of that certain called
4.2873 acre tract of land as described in a "Special Warranty Deed" to Islamic Society of
Triplex, Inc. as recorded in Clerk's File No. 95-9515862 Official Public Records of Real
Property, Jefferson County, Texas, said 0.2097 (9,134 sq. ft.) acre tract being more particularly
described as follows:
NOTE: All bearings are based on the most Northerly Northeast line of the above
referenced 4.2873 acre Islamic Society of Triplex, Inc. as NORTH 27°36'00"
WEST.
BEGINNING at a 1/2" iron rod found for the North corner of the tract herein described, the
same being the East corner of that certain called 0.53 acre tract of land, also being identified as
Tract I and Tract II, as described in a "General Warranty Deed" to Caroline Bennett as recorded
in Clerk's File No. 2002012322 Official Public Records of Real Property, Jefferson County,
Texas, and being located on the Southwest right of way line of Avenue A (based on a width of
45 feet);
THENCE SOUTH 62°44'19" WEST, along the boundary line between the tract herein described
and said 0.53 acre Bennett tract, that certain called 75'x150' tract of land as described in a
"General Warranty Deed" to Joseph Brown and Caroline Brown as recorded in Clerk's File No.
206039476 Official Public Records of Real Property, Jefferson County, Texas, and that certain
tract of land as described in a "Deed" to Vito Rizzo and Concetta Grillo Rizzo as recorded in
Volume 1139 Page 151, Deed Records, Jefferson County, Texas, a distance of 356.19 feet to a
point for corner;
THENCE SOUTH 27 015'41" EAST, over and across the said 4.2873 acre Islamic Society of
Triplex, Inc. tract, a distance of 52.02 feet to a point for corner;
THENCE SOUTH 62 028'12" WEST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 261.59 feet to a point for corner;
THENCE SOUTH 19°11'19" WEST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, passing at a distance of 49.75 feet to an interior ell corner of the
said 4.2873 acre Islamic Society of Triplex, Inc. tract and the East corner of that certain called
0.67 acre tract of land as described in a "Special Warranty Deed" to Anna Elizabeth Chamberlain
as recorded in Clerk's File No. 2004046052 Official Public Records of Real Property, Jefferson
County, Texas, and continuing for a total distance of 189.75 feet to a point for the South corner
of the said 0.67 acre Chamberlain tract, the most Southerly West corner of the said 4.2873 acre
Islamic Society of Triplex, Inc. tract, and in the North right of way line of Cardinal Drive ( also
known as Highway 287, 69, & 96);
EXHIBIT "A"
Page 1 of 2
MARK W. WHITELEYAND ASSOCIATES,INC.
THENCE SOUTH 70 048'41" EAST, along the North right of way line of Cardinal Drive, a
distance of 10.00 feet to a point for corner;
THENCE NORTH 19°11'19" EAST, over and across the said 4.2873 acre Islamic Society of
Triplex, Inc. tract, a distance of 185.78 feet to a point for corner;
THENCE NORTH 62 028'12" EAST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 257.57 feet to a point for corner;
THENCE SOUTH 27 015'41" EAST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 30.02 feet to a point for corner;
THENCE SOUTH 62°44'19" WEST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 20.66 feet to a point for corner;
THENCE SOUTH 27°15'41" EAST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 10.00 feet to a point for corner;
THENCE NORTH 62 044'19" EAST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 3 0.3 5 feet to a point for corner;
THENCE NORTH 27 01 5'41" WEST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 92.04 feet to a point for corner;
THENCE NORTH 62 044'19" EAST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 346.54 feet to a point in the Southwest right of way
line of Avenue A;
THENCE NORTH 27°29'41" WEST, along the Southwest right of way line of Avenue A, for a
distance of 10.00 feet to the POINT OF BEGINNING and containing 0.2097 (9,134 sq. ft.)
ACRES, more or less.
This legal description is being submitted along with a plat based on this description that is
compiled from previous work performed on this tract dated October 2003.
0 F 7-,
N
CO:
,EY
Mark W. Whiteley, PE, RPLS #36 Fess\° �O
W:\2009\09-295\09-295WATERLINE EASEME .U�J
EXHIBIT"A"
Page 2 of 2
MARK W. WHITELEY AND ASSOCIATES,INC.
O
LINE BEARING DISTANCE FPO
L 1 S27'15'41"E 52.02' I. RCSD
L2 S70'48'41"E 10.00'
L3 S27 15'41°E 30.02' �J y
L4 S62'44'19"W 20.66' TRACT I & TRACT 11
L5 S2715'41"E 10.00' CALLED 0.53 ACRES TRACT 1 �c9 _---_ - - -
CAROLINE BENNETT '/FND 1 2' 6
L6 N62'44'19"E 30.35' CF. NO. 2002012322 :' ti<<
L7 N27'15'41'"W 92.04' OPRJC � ; Roo .y'1'2j FG
L8 N27'29'41"W 10.00' 1 " ,Ap�j 0
TRACT 11 �hd'cP 1°h
06. y F�
�o°�� rogyOS��.. 6's VICINITY MAP
p s• 5 0 ,< o
°'
° Gn,��o.
����0 ,s+ �•%'/� `5����' c`� �`0� � J��J BASED ON SURVEY PREFORMED BY
SC91G 1"'=100" `yo!y°Op9 s6�F 4�'�� `y
MARK W. WHITELEY AND ASSOCIATES
1 y " F >s cF� ✓� s� DATED OCTOBER 2003.
�/ •q�. � so
PROPOSED 0.2097 ACRE �F�%A
(9,134 S FT)
WATERLINE 2ASEMENT '>
CALLED 4.2873 ACRES
ISLAMIC SOCIETY of TRIPLEX, INC.
•�; %�� CF. NO. 95 515862
TO THE OWNERS OF THE PREMISES SURVEYED
' AS OF THE DATE OF THE SURVEY:
CALLED 1.9427 ACRES
THE ISLAMIC SOCIETY
�s?�� ;°•. ���/�� s OF TRIPLEX INC. I. MARK W. WHITELEY DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY p�C
FC. NO. 101-G2-1389 MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED W
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME
OPRJC , OF THE SURVEY.
OF rF
THE ISLAMIC SOCIETY 1ti•�� ���0~ — - �•�� P�v� �A?
OF TRIPLEX, INC. CJrOi, h� /`: F'�
CF. NO. 2004020910 / '�'
OPRJC ����� �'� �`lr \ �T�L ti0 Cq p'� ..
�.
,
M. LEY
01 � .- ,
Fe�i° 1n';�ao Dili -
MARK W. WHITELEY REGISTERED PROFESSIONAL LAND
16i, �1 FND SAT55 01 E 100.90 CLIENT:
ISLAMIC CENTER
���- Co I,ap II (CALL 510'55'00"E 100.90')
Q����"'•` ^' .I ,v_.,.a :.• I -^ DR BY: SAw SCALE: SHEET No.:
I� VER: ACRD 2009 t"=t 00' t of 1 0.2097 ACRE
V� o o m >1 Q1 - v I' - �* JOB NO. FlLE: W:\2009\09-295\ REV.
a° 0 (9,134 SQ. FT)
09-295 09-295 WATERLINE EASEMENT.
MARK W. WHITELEY WATERLINE EASEMENT
AND ASSOCIATES JOHN A VEATCH SURVEY
INCORPORATED
coesulslNC ENGINEERS, ABSTRACT NO. 55
I " SURVEYORS, AND PLANNERS JEFFERSON COUNTY, TEXAS
L� = FND.570'55"QO"�.195 70',-�= FND 570.55 01 E 110.00 T
FIrm F-2633 °76O-""E o
-w _ -._
(CALL S7955 00 E 195.70)- '(CALL 570'55'00"E 110.00)) ""
P. o. BOX s4a2 ozso utrmt MY.
CARDINAL DRIVE (ALSO KNOWN AS HIGHWAY 68,96,287) RIAUYOMT. T9W YrM-0402 BxAUYOMT. tour rhos
400-002-0421 (►AIQ 400-062-1940
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
2009 Nov 04, 01:57 PM 2009041971
CAROL: $32.00
CAROLYN L. GUIDRY, COUNTY CLERK
JEFFERSON COUNTY, TEXAS
a