HomeMy WebLinkAboutRES 09-363 RESOLUTION NO. 09-363
WHEREAS, Lisotta Properties, LTD., has offered to convey two (2) ten foot (10')
wide water line easements out of the Charles Williams League, as described and shown
in Exhibits "A" and "B" attached hereto, to the City of Beaumont for the purpose of
providing mandatory access to water lines and fire hydrants for Lisotta Mini Storage
located at 6045 College Street 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 easements conveyed by Lisotta Properties, LTD., as described and shown in
Exhibits "A" and "B," be and the same are hereby, in all things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of
December, 2009.
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- Mayor Becky Ames -
i
FAUST Engineering and Surveying, Inc.
PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS TELEPHONE(409)813-3410
E-MAIL ADDRESS INFO @FAUSTENG.COM FAX(409)813-3484
2525 CALDER STREET
BEAUMONT,TEXAS 77702
EXHIBIT A
PAGE IOF2
FIELD NOTE DESCRIPTION
FOR THE CENTERLINE OF
10 FOOT WIDE
EXCLUSIVE WATERLINE EASEMENT
OUT OF THE
CHARLES WILLL4MS LEAGUE,ABSTRACT NO.59
BEA UMONT, JEFFERSON COUNTY, TEXAS
September 17, 2009
Being a 10 foot wide strip of land situated in the Charles Williams League, Abstract No.
59, Jefferson County, Texas and being out of and part of a Special Warranty Deed as
conveyed to Lisotta Property, Ltd, recorded in Clerk's File No. 2003028123, Official
Public Records of Jefferson County, Texas, said centerline of the 10 foot wide strip of
land being more particularly described as follows:
COMMENCING at a 1/2" iron rod found on the south right-of-way line
of U.S. Highway 90 (also known as College Street) same being the
southeast corner of a called 39.89 acre tract as recorded in Account No.
036050-000-010270-00000-0, Jefferson County Appraisal District;
THENCE South 89°26'00" West along said south right-of-way line of
U.S. Highway 90, a distance of 9.64 feet pass a 1/2" iron rod found and
continuing for a total distance of 19.16 feet to the POINT OF
BEGINNING of the herein described 10 foot wide easement;
THENCE 5 feet each side of the following described centerline;
THENCE South 02°09'33" East, a distance of 255.11 feet;
THENCE South 87°44'26" West, a distance of 307.35 feet to the point of
termination of said 10 foot wide exclusive waterline easement.
Pale 1
EXHIBIT "A"
EXHIBIT A 2 OF 2 LEGAL FOR EASEMENTS
This description is based on the plat made by Richard F. Faust, P. E.,
Registered Professional Land Surveyor No. 4 '` arch 1, 2009.
'CE•QF\STE*
....t..................
RICHARD F.FAUST
...............
Richard F. F ust, E. 4782
Registered Professional Land Surveyor o Isla
Page 2
EXHIBIT A A
10 FOOT WIDE
EXCLUSIVE WATERLINE EASEMENT
OUT OF THE
CHARLES WILLIAMS LEAGUE, ABSTRACT NO.59
BEAUMONT, JEFFERSON COUNTY, TEXAS SCALE 1"=60'
FIRE HYDRANT 3
&
VA L VE I
,jq� JL
WW ,.; W W W
3 �
Q
3 C
EXISTING o -4
LISOTTA ti
o MINI STORAGE I ( Q)
W
PROPOSED
/10' WA TERLINE
EASEMENT EXISTING
FIRE HYDRANT
& VAL VE
POINT OF
BEGINNING I
PROPOSED 6" C-900 WA TERL INE
L 020911 E
255.11'
FOUND 1/2"
�— w—w''—w—`�—w— IRON ROD
19.16' 9.64"
PROPERTY L//VF
FOUND 112
IRON ROD
3
NOW OR FORMERLY POINT OF I
GAMES PEOPLE PLAY INC.
CALLED 39.89 ACRES COMMENCING
Account N 036050-000-010270-00000-0
JCAD
FC)-� Ppai,4�—
RICHARD F. FAUST
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782
PREPARED BY:
Date: SEPTEMBER 17, 2009 OF
.........................................
RICHARD F.FAUST
......:..................................C--
4782 �p:2
C5ENGI7NEERING AND SURVEYING, INC. 9�; Fggto...•y0
2525 CALDER STREET - BEAUMONT, TEXAS 77702
(409) 813-3410 • FAX (409) 813-3484
090486
-EA UST Engineering and Surveying, Inc.
PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS TELEPHONE(409)813-3410
E-MAIL ADDRESS INFO @FAUSTENG.COM FAx(409)813-3484
2525 CALDER STREET
BEAUMONT,TEXAS 77702
EXHIBIT B
PAGE I OF 2
FIELD NOTE DESCRIPTION
FOR THE CENTERLINE OF A
10 FOOT WIDE
EXCLUSIVE WATERLINE EASEMENT
OUT OF THE
CHARLES WILLIAMS LEAGUE,ABSTRACT NO.59
BEA UMONT, JEFFERSON COUNTY, TEXAS
September 17, 2009
Being a 10 foot wide strip of land situated in the Charles Williams League, Abstract No.
59, Jefferson County, Texas and being out of and part of a Special Warranty Deed as
conveyed to Lisotta Property, Ltd, recorded in Clerk's File No. 2003028123, Official
Public Records of Jefferson County, Texas, said centerline of the 10 foot wide strip of
land being more particularly described as follows:
COMMENCING at a 1/2" iron rod found on the south right-of-way line
of U.S. Highway 90 (also known as College Street) same being the
southeast corner of a called 39.89 acre tract as recorded in Account No.
036050-000-010270-00000-0, Jefferson County Appraisal District;
THENCE South 89°26'00" West along said south right-of-way line of
U.S. Highway 90, a distance of 9.64 feet pass a '/2" iron rod found and
continuing for a total distance of 283.99 feet to the POINT OF
BEGINNING of the herein described 10 foot wide easement;
THENCE 5 feet each side of the following described centerline;
THENCE South 02°25'46" East, a distance of 612.55 feet;
THENCE South 87°27'48" West, a distance of 44.45 feet to the point of
termination of said 10 foot wide exclusive waterline easement.
Page 1
EXHIBIT "B"
EXHIBIT B 2 OF 2 LEGAL FOR EASEMENTS
This description is based on the plat made b 'chard F. Faust, P. E.,
Registered Professional Land Surveyor h 1, 2009.
,LPG\S T��9�::S'^,
�..................
RICHARD F.FA11S"r.P
°q ..
4782
Richard F. Aust, P.
Registered Professional Land Surveyor
Page 2
EXHIBIT B A "
10 FOOT WIDE
EXCLUSIVE WATERLINE EASEMENT
OUT OF THE
CHARLES WILLIAMS LEAGUE, ABSTRACT NO.59
BEA UMONT, JEFFERSON COUNTY, TEXAS
SCALE: 1"=100'
U.S. HIGHWAY 90 EX/STING
(aka COLLEGE STREET) FlR&HYDRANT
POINT OF
FOUND v2. COMMENCING
EX/STING WA TE RUNE /RON ROD
5 89 26'00 W 2823 99 ,' FOUND 112'
POINT OF IRON ROD
BEGINNING I III 9 64'
I I ICI
I III
PROPOSED
10' WA TERLINE I I
EASEMENT III 0
II 0
III ti 0
O
II '
JzcnN
o
J U
0 l
5 022546"E z EXISTING 3 a °
612.5 LISOTTA
5" I °wJ")
Z °
MINI STORAGE
II °
rn a
11
III
11 °
0
-p
11
m J
FIRE
HYDRANT 5 872748"' W
44.45'
& VW VF
pc��
RICHARD F. FAUST
REGISTERED PROFESSIONAL LAND SURVEYOR N0. 4782
PREPARED BY:
Date: SEPTEMBER 17, 2009
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�_ RICHARD F FAUST
C5
4782
ENGINEERING AND SURVEYING, INC. 9A,` �FSS�O!• O
2525 CALMER STREET • KAUMONT" TEXAS 77702
(409) 813-3410 • FAX (4D9) 813-3484 V C
090486
IIIIIIIIIIIIIilllllllllilllllllllilllllllllilillllllllllilli EAS 2010002903
8 PGS
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, LISOTTA PROPERTIES, LTD., 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 line and appurtenances on the
hereinafter described lands which said easements are under, over in and across that 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 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/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, but
Grantor retains for itself and its successors and assigns,surface use for parking,ingress and egress over
said easements.
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 easements and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this J/,5 day of , 2010.
GRANTOR:
LISOTTA PROPERTIES, LTD.
A Texas limited partnership
By: LISOTTA MANAGEMENT, L.L.C.
A Texas Limited 'ability ompany
l
By:
Teresa Lisotta Lee, Manager
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on 2 , 2010, by Teresa Lisotta
Lee, Manager, of LISOTTA MANAGEMENT, L.L.C., exas Limited Liability Company, for and
on behalf of LISOTTA PROPERTIES, LTD., a Texas imited partnership, known to me to be the
person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that
the same was the act of the said LISOTTA PROPERTIES, LTD., and that she executed the same for
the purposes and consideration therein expressed, and in the capacity therein stated.
6 y I'- Z'/�- &/"�—
tary Public, State of Texas
RETURN TO:
City of Beaumont X HACKIE BOUILLION K
Ilona N. Baker = ��: Notary Public
P. O. Box 3827 STATE OF TEXAS
Beaumont, TX 77704 MY Commission \fire\\lisotta
- Expires 07/10/2012
L";4,00 4444i ti4�Ot4f itPiYtitli�4Rsi44MMtfi�
FAUST Engineering and Surveying, Inc.
PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS TELEPHONE(409)813-3410
E-MAIL ADDRESS INF09FAUSTENG.COM FAX(409)813-3484
2525 CALDER STREET
BEAUMONT,TEXAS 77702
EXHIBIT A
FIELD NOTE DESCRIPTION
FOR THE CENTERLINE OF
10 FOOT WIDE
EXCLUSIVE WATERLINE EASEMENT
OUT OF THE
CHARLES WILLIAMS LEAGUE,ABSTRACT NO.59
BEAUMONT, JEFFERSON COUNTY, TEXAS
September 17, 2009
Being a 10 foot wide strip of land situated in the Charles Williams League, Abstract No.
59, Jefferson County, Texas and being out of and part of a Special Warranty Deed as
conveyed to Lisotta Property, Ltd, recorded in Clerk's File No. 2003028123, Official
Public Records of Jefferson County, Texas, said centerline of the 10 foot wide strip of
land being more particularly described as follows:
COMMENCING at a 1/2" iron rod found on the south right-of-way line
of U.S. Highway 90 (also known as College Street) same being the
southeast corner of a called 39.89 acre tract as recorded in Account No.
036050-000-010270-00000-0, Jefferson County Appraisal District;
THENCE South 89°26'00" West along said south right-of-way line of
U.S. Highway 90, a distance of 9.64 feet pass a '/z" iron rod found and
continuing for a total distance of 19.16 feet to the POINT OF
BEGINNING of the herein described 10 foot wide easement;
THENCE 5 feet each side of the following described centerline;
THENCE South 02°09'33" East, a distance of 255.11 feet;
THENCE South 87°44'26" West, a distance of 307.35 feet to the point of
termination of said 10 foot wide exclusive waterline easement.
PAGE 1 of 3
EXHIBIT A 2 OF 2 LEGAL FOR EASEMENTS
This description is based on the plat made by Richard F. Faust, P. E.,
Registered Professional Land Surveyor No. 4782 on March 1, 2009.
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CO.:Q� ,
-RICHARD;--.
1=.
Richard Faust, P.E.
Registered Professional Land Surveyo t ?P�, lss`p p�2
PAGE 2 of 3
EXHIBIT A A
10 FOOT WIDE
EXCLUSIVE WATERLINE EASEMENT
OUT OF THE Z
CHARLES WILLIAMS LEAGUE, ABSTRACT NO.59
BEAUMONT, JEFFERSON COUNTY, TEXAS SCALE- 1"--60'
F/RE-HYDRANT
� I
W I
0
�1 � � 3
_w_w W W W W W W W W W W-
3
L �
EXISTING I v
o W
N LISOTTA o = 1-4
o MINI STORAGE
Dr
PROPOSED
/10' WA TERL INE
EASEMENT
EX/ST/NG
FIRE HYDRANT
& I/AL VE
POINT OF
BEGINNING I
PROPOSED 6 C—900 WA TERLINE
S 02 0933" E
lLw 255.11'
_ ��_V_w w_w_ FOUND 112
IRON ROD
19.16' 9.64'
PROPERTY LINE
FOUND 1/2"
IRON ROD
NOW OR FORMERLY 3
GAMES PEOPLE PLAY INC. POINT OF I
CALLED 39.89 ACRES COMMENCING
Account # 036050-000-010270-00000-0
JCAD
RICHARD F. FAUST
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782
PREPARED BY:
Date: SEPTEMBER 17, 2009
OF Tcc
Cr O aP
.........................................
WHARD F.FAUST
..................................
<9i.°'HESS
ENGINEERING AND SURVEYING, INC. �j
2525 CALDER STREET ■ BEAUMONT, TEXAS 77702 O S i RBI V
(409) 813-3410 x FAX (409) 813-3484 V 1,
090486
PAGE 3 of 3
FAUST Engineering and Surveying, Inc.
PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS TELEPHONE(409)813-3410
E-MAIL ADDRESS INFO @FAUSTENG.COM FAx(409)813-3484
2525 CALDER STREET
BEAUMONT,TEXAS 77702
EXHIBIT B
FIELD NOTE DESCRIPTION
FOR THE CENTERLINE OF
10 FOOT WIDE
EXCLUSIVE WATERLINE EASEMENT
OUT OF THE
CHARLES WILLIAMS LEAGUE,ABSTRACT NO.59
BEAUMONT, JEFFERSON COUNTY, TEXAS
September 17, 2009
Being a 10 foot wide strip of land situated in the Charles Williams League, Abstract No.
59, Jefferson County, Texas and being out of and part of a Special Warranty Deed as
conveyed to Lisotta Property, Ltd, recorded in Clerk's File No. 2003028123, Official
Public Records of Jefferson County, Texas, said centerline of the 10 foot wide strip of
land being more particularly described as follows:
COMMENCING at a 1/2" iron rod found on the south right-of-way line
of U.S. Highway 90 (also known as College Street) same being the
southeast corner of a called 39.89 acre tract as recorded.in Account No.
036050-000-010270-00000-0, Jefferson County Appraisal District;
THENCE South 89 026'00" West along said south right-of-way line of
U.S. Highway 90, a distance of 9.64 feet pass a '/2" iron rod found and
continuing for a total distance of 283.99 feet to the POINT OF
BEGINNING of the herein described 10 foot wide easement;
THENCE 5 feet each side of the following described centerline;
THENCE South 02°25'46" East, a distance of 612.55 feet;
THENCE South 87°27'48" West, a distance of 44.45 feet to the point of
termination of said 10 foot wide exclusive waterline easement.
PAGE 1 of 3
EXHIBIT B 2 OF 2 LEGAL FOR EASEMENTS
This description is based on the plat made by Richard F. Faust, P. E.,
Registered Professional Land Surveyor No. 478 March 1, 2009.
���G Q Erb#
` .. .Q�.. ...S TN.
•_.RICHARD F.F�,UST
Richard F. F ust, P.E. "� 4782 '--C�'•.9
Registered Professional Land Surveyor r �s�o?•
�SURD`
PAGE 2 of 3
EXHIBIT B A N
10 FOOT WIDE
EXCLUSIVE WATERLINE EASEMENT
OUT OF THE
CHARLES WILLIAMS LEAGUE, ABSTRACT NO.59
BEAUMONT, JEFFERSON COUNTY, TEXAS SCALE: 1"=100'
U. S. HIGHWAY 90 EX/STING
FIRE HYDRANT
aka COLLEGE STREET) & SALVE
POINT OF
FOUND 112 COMMENCING
EX/STING WA TERL/NE IRON ROD
S 89 26 00 W 283.99 FF //2"
POINT OF OD
BEGINNING
,
3
PROPOSED
10' WA TERL/NE ,
EASEMENT 3 = o
v o
p
o
II O
_ 3 o
II O Z
W
J r N
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�Q c)
w-u-v w-w-v w-v-u-wJ W-i Q O
:2 CL C D
O-J N p
0
KO ')
0 Li
O
S 02:2546" E _ EXISTING 3 a o 0
612.55' LISOTTA Q
MINI STORAGE CD
o 7
o °
U
Q
O
O
"O
0
-O
�C
Z
Cn
FIRE HYDRANT S 872748" W
44.45'
& SAL VE
RICHARD F. FAUST
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782
PREPARED BY:
Date: SEPTEMBER 17, 2009
co _
_ RICHARD F.FAUST
'O 4782
ENGINEERING AND SURVEYING, INC.
2525 CALDER STREET x BEAUMONT, TEXAS 77702 O 4t7 n�V
(409) B13-3410 w FAX (409) 813-3484
090486
PAGE 3 of 3
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
4::!I wast
2010 Jan 26, 02:48 PM 2010002903 TART OF Ot
MOOREB: $44.00 RU FOREG jy�
CAR JEFFERSON COUNTY, TEXAS CLERK AT 771WLr OF � f�LE
TEXAS