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HomeMy WebLinkAboutRES 10-088 RESOLUTION NO. 10-088 WHEREAS, Harbor Hospital Land Investors of-Southwest Texas, L.P., has offered to convey a ten foot(10')wide water line easement out of the David Brown Survey, as described in Exhibit "A," Page 1, and shown on Exhibit "A," Page 2, attached hereto, to the City of Beaumont for the purpose of providing water services to Harbor Hospital at 3155 Stagg 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 Harbor Hospital Land Investors of Southeast Texas, L.P., as described in Exhibit 'A" Page 1, and shown on Exhibit "A," Page 2, be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of April, 2010. �.t��.\•..\���` AV 60 of 1, �kaLt:�: A'on� - Mayor Becky Ames - lt sf Fittz & Shipman INC Consulting Engineers and Land Surveyors EXHIBIT "A", PAGE 1 OF 2 CENTERLINE DESCRIPTION OF A 10' WIDE WATER LINE EASEMENT OUT OF THE DAVID BROWN SURVEY,ABSTRACT 5 JEFFERSON COUNTY, TEXAS MARCH 22, 2010 That certain centerline description for a 10' wide water line easement, 5.0' on each side of centerline, out of the David Brown Survey, Abstract 5, Jefferson County, Texas, being out of a called 3.5000 acre tract conveyed to Harbor Hospital Land Investors of Southeast Texas, L.P. as recorded in Clerks File No. 2007020962 of the Official Public Records of Jefferson County, Texas, said centerline being more particularly described by the following courses and distances: Note: Bearings are based on the west line of the said 3.5000 acre tract having been called North 00 006'03" East 582.04 feet. COMMENCING at a 3/4" iron rod found at the intersection of the south right-of-way line of Stagg Drive and the west right-of-way line of 8th Street for the northeast corner of the said 3.5000 acre tract; THENCE South 00°06'47" West along the said west right-of-way line of 8th Street and an east line of the said 3.5000 acre tract a distance of 373.64 feet (called South 00°06'19" West) to a point for the POINT OF BEGINNING of the said centerline of the 10'wide water line easement from which a railroad spike found for an angle point of the said 3.5000 acre tract bears South 00 006'47" West 31.46 feet (called South 00 006'19"West); THENCE West along the said centerline of the 10' wide water line easement, passing at a distance of 5.00 feet a point for the POINT OF BEGINNING of Tap A from which the POINT OF TERMINATION of said Tap A bears North 00°06'47" East 10.00 feet, also passing at a distance of 254.10 feet a point for the POINT OF BEGINNING of Tap B from which the POINT OF TERMINATION of said Tap B bears South 10.00 feet, and continuing a total distance of 267.50 feet to an angle point; THENCE North 00 006'03" East continuing along the said centerline of the 10' wide water line easement, passing at a distance of 215.90 feet the POINT OF BEGINNING of Tap C, a 15' wide water line easement, 7.5' on each side of centerline, from which the POINT OF TERMINATION of said Tap C bears East 10.00 feet, and continuing a total distance of 374.14 feet to a point in the said south right-of- way line of Stagg Drive and the north line of the said 3.5000 acre tract for POINT OF TERMINATION of the said centerline from which a capped iron rod found for the northwest corner of the said 3.5000 acre tract bears North 89 053'30" West 5.00 feet. T is escription i sed on a survey and plat made by Fittz & Shi an, Inc. during August 2007. Iter . Ksi OF FFx Registered Profess al Lan Su eyor No. 5321 *s 1 w FITTZ&SHIPMAN,INC. WALTER J. K8IAZFK� Project No.07146Wtresmt Plat&Description •. � %v , • .�0, �. 1405 Cornerstone Court,• Beaumont, Texas 77 7 ax(409) 832-7303 COMMENCING POINT 8TH STREET POINT OF BEGINNING EXHIBIT "A", Page 2 of 2 FOUND 3/4" 1O' WIDE WATER LINE IRON ROD (CALLED S 00'06'19" W 405.05) EASEMENT FOUND RR S 00'06'47" W 405.10 5 SPIKE .00 373.64 P.O.T. 31.46 TAP A TAP A p,O,B. N 00'06'47"E 10.00 TAP A CENTERLINE E- 10' WIDE WATER LINE W EASEMENT /W/�J� N E- Nn HARBOR HOSPITAL LAND INVESTORS wN OF SOUTHEAST TEXAS, L.P. W N W CLERKS FILE NO.(CA 2007020962, O.P.R.J.C. I O (� A N O (CALLED 3,5000 ACRES) ^O N v oLp N I H- -00 0 h I IU) T^ r U� 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 TAP C I ON THE GROUND UNDER MY SUPERVISION DURING AUGUST 2007. POINT OF TERMINATION 7.5'15' WIDE EACH SIDE 10' WIDE WATER LINE OF CENTERLINE TAP B EASEMENT TAP T. EAST 10.00 P.O.B.A SOUTH 10.00 WALTER J. KSIAZEK N 00'06'03" E 374.14 REGISTERED PROFESSIONAL D SURVEYOR 0. 5321 158.24 — 215.90 13.40 P.O.T. _ TAP B FOUND '(�, Tg CAPPED 5.00 N 00'06'03" E 582.09 x�9 IRON ROD P.0•B• (CALLED N 00'06'03" E 582.04) >o•!Lr,%ST4, p" TAP C (BASIS OF BEARINGS) FOUND f o * f CAPPED REMAINDER OF IRON ROD WALTER J. KSIAZEK BAPTIST HOSPITAL OF Ak 6321 �i SOUTHEAST, TEXAS FILM CODE 104-36-0055, R.P.R.d.C.(CALLED 4.4 364 AC RES) •� a uAv� Fittz&Shipman 10' WIDE WATER LINE EASEMENT 0 330---660 INC. PROJECT NAME: HARBOR HOSPITAL S% E Consulting Engineers and Land Surveyors 8TH STAGG DRIVE 1405 CORNERSTONE COURT BEAUUMONT, TEXAS BEAUMONT,TJEFFOERSON COUNTY, TX (409)832-7238 FAX (409)832-7303 PROJECT No. DWG.N0. 714fiwlresm( PLOT DATE: 3-05-,0 DATE: 3-22-10 007146 IIIIIIIIIIIIIIIIiillilllllllllllllllllllllllllllllllllllllll EAS 2010015584 5 PGS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, HARBOR HOSPITAL LAND INVESTORS OF SOUTHEAST TEXAS, L.P., 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 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/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 day of ' 2010. GRANTOR: HARBOR HOSPITAL LAND INVESTORS OF SOUTHEAST TEXAS, L.P. A Texas limited partnership By: HARBOR HOSPITAL MANAGERS OF SOUTHEAST TEXAS, L.L.C., General Partner By: . e R. Chapman, Mana ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on 2010, by Joe R. Chapman, Manager, of Harbor Hospital Managers of Southeast Texas, L.L.C., a Texas limited liability company, on behalf of said limited liability company, genera partner on behalf of Harbor Hospital Land Investors of Southeast Texas, ,P., a Texas limited tnership. Notary ic, State of Texas RETURN TO: City of Beaumont � � Ilona N. Baker o•°Y'�.;o, MARY GUTSCHKE P. O.Box 3827 °' _ Notary Public,State of Texas Beaumont TX 77704 =M�, +`: My Commission Expires ' '� April 12,2012 fire\Urarborhospital Fittz & Shipman INC Consulting Engineers and Land Surveyors EXHIBIT "A", PAGE 1 OF 2 CENTERLINE DESCRIPTION OF A 10' WIDE WATER LINE EASEMENT OUT OF THE DAVID BROWN SURVEY,ABSTRACT 5 JEFFERSON COUNTY, TEXAS MARCH 22, 2010 That certain centerline description for a 10' wide water line easement, 5.0' on each side of centerline, out of the David Brown Survey, Abstract 5, Jefferson County, Texas, being out of a called 3.5000 acre tract conveyed to Harbor Hospital Land Investors of Southeast Texas, L.P. as recorded in Clerks File No. 2007020962 of the Official Public Records of Jefferson County, Texas, said centerline being more particularly described by the following courses and distances: Note: Bearings are based on the west line of the said 3.5000 acre tract having been called North 00°06'03" East 582.04 feet. COMMENCING at a 3/4" iron rod found at the intersection of the south right-of-way line of Stagg Drive and the west right-of-way line of 8th Street for the northeast corner of the said 3.5000 acre tract; THENCE South 00 006'47" West along the said west right-of-way line of 8th Street and an east line of the said 3.5000 acre tract a distance of 373.64 feet (called South 00°06'19" West) to a point for the POINT OF BEGINNING of the said centerline of the 10' wide water line easement from which a railroad spike found for an angle point of the said 3.5000 acre tract bears South 00°06'47" West 31.46 feet (called South 00°06'19"West); THENCE West along the said centerline of the 10' wide water line easement, passing at a distance of 5.00 feet a point for the POINT OF BEGINNING of Tap A from which the POINT OF TERMINATION of said Tap A bears North 00 006'47" East 10.00 feet, also passing at a distance of 254.10 feet a point for the POINT OF BEGINNING of Tap B from which the POINT OF TERMINATION of said Tap B bears South 10.00 feet, and continuing a total distance of 267.50 feet to an angle point; THENCE North 00 006'03" East continuing along the said centerline of the 10' wide water line easement, passing at a distance of 215.90 feet the POINT OF BEGINNING of Tap C, a 15' wide water line easement, 7.5' on each side of centerline, from which the POINT OF TERMINATION of said Tap C bears East 10.00 feet, and continuing a total distance of 374.14 feet to a point in the said south right-of- way line of Stagg Drive and the north line of the said 3.5000 acre tract for POINT OF TERMINATION of the said centerline from which a capped iron rod found for the northwest corner of the said 3.5000 acre tract bears North 89 053'30" West 5.00 feet. This escri tion is ed on a survey and plat made by FittrShhl during August 2007. s Talter J. Ksia a Registered Professi al Land eyor No. 5321 * F� . 4 FITTZ&SHIPMAN,INC. WALTER J. KSIAZEK Project No.07146Wtresmt •.q, 5321 Plat&Description •,'��, ��: (409) 832-7303 1405 Cornerstone Court,• Beaumont, Texas 77706 • x COMMENCING POINT OF BEGINNING EXHIBIT "A", Page 2 Of 2 POINT 8TH STREET 10' WIDE WATER LINE FOUND RR FOUND 3/4" IRON ROD (CALLED S 00'06'19" W 405.05) EASEMENT SPIKE S 00'06'47" W 405.10 5.00 373.64 P.O.T. 31.46 A TAP A TAP P.0.6. N 00'06'47"E 10.00 TAP A CENTERLINE E- I 10' WIDE WATER LINE W EASEMENT W P� � E- " N f\ 2 NN HARBOR HOSPITAL LAND INVESTORS w w LO OF SOUTHEAST TEXAS, L.P. N a+ ^W CLERKS FILE NO. 2007020962, O.P.R.J.C. 0 ri A N 0 (CALLED 3.5000 ACRES) t I N CJ m C4 F- U' ",L 3 U 'm SURVEYOR'S CERTIFICATION: 1 DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY& DESCRIPTION MADE TAP C ON THE GROUND UNDER MY SUPERVISION DURING AUGUST 2007. II 15' WIDE POINT OF TERMINATION 7.5' EACH SIDE 70' WIDE WATER LINE OF CENTERLINE P.O.B. TAP B EASEMENT P.O.T. EAST 10.00 TAP B SOUTH 10.00 ALTER J. KSIAZEK TAP C REGISTERED PROFESSIOi YOR N 5 1 N 00'06'03" E 374.14 13.40 P.O.T. 758.24 215.90 TAP B OF T'C FOUND—/ N 00'06'03" E 582.09 ro�•G•'E/�i 9s CAPPED 500 P.O.B. (CALLED N 00'06'03" E 582.04) IST F6. IRON ROD TAP C (BASIS OF BEARINGS) COPPED •�' IRON Roo REMAINDER OF WALTER J. KSIAZSK - BAPTIST HOSPITAL OF IIII=1 �s�4 1 SOUTHEAST, TEXAS 0 FILM CODE 104-36-0055, R.P.R.J.C. L�J (CALLED 4.4364 ACRES) 8lMv Fittz&Shipman 10' WIDE WATER LINE EASEMENT 0 30 60 INC. PROJECT NAME: HARBOR HOSPITAL ® Consulting Engineers and Land Surveyors 8TH STREET AND STAGG DRIVE S C A L E 1405 CORNERSTONE COURT BEAUMONT, TEXAS BEAUMONT, JEFFERSON COUNTY, TX PROJECT NO. (409)832-7238 FAX (409)832-7303 owc No �iae 1 DATE: 3-22-10 007146 DWG DATE: 3-005-5-'10 0 FILED AND RECORDED OFFICIAL PUBLIC RECORDS IPAal- OF FOREGOING !N'STFtUMENT ILLEGIBLE AT 'TIME OF 2010 Apr 28, 10:52 AM 2010015584 PEVETO: $28.00 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY, TEXAS