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HomeMy WebLinkAboutRES 10-189 RESOLUTION NO.10-189 WHEREAS, L& L Realty has offered to convey a ten foot (10')wide exclusive water line easement, out of the Noah Tevis League, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, to the City of Beaumont for the purpose of providing water service and mandatory access to water lines and fire hydrants forthe Del Papa Distributing Co., 410 Interstate 10 South, and allowing for the construction, alteration, operation and maintenance of said water line 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 L& L Realty Partnership, 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 20th day of July, 2010. .1►�%1k 4. �`�1 t I, - Mayor Becky Ames - X ARCENEAUX & GA t ES ARCENEAUX Consulting Engineers, Inc. GATES Engineers • Surveyors • Planners METES AND BOUNDS DESCRIPTION FOR A 10 FEET WIDE WATERLINE EASEMENT SITUATED IN THE NOAH TEVIS SURVEY,ABSTRACT NO.52 AND THE DAVID BROWN SURVEY,ABSTRACT NO. 5 BEAUMONT,JEFFERSON COUNTY,TEXAS Being a 10 feet wide tract or parcel of land, a portion of that certain tract of land (called 8.635 acres) as conveyed by deed dated December 28, 1995 from Del Papa Management Corporation to L&L Realty Partnership, recorded in Clerk's File No. 96-9605256, of the Official Public Records of Real Property, County Clerk's Office, Jefferson County, Texas, as situated in and a part of the Noah Tevis Survey, Abstract No. 52 and the David Brown Survey, Abstract No. 5 of said County and being more particularly described by metes and bounds as follows; FOR LOCATIVE PURPOSES, commence at a %"steel rod found located at the intersection of the South line of Hollywood Avenue with the East line Jefferson County Drainage District No. 6 Hillebrandt Bayou 150 feet wide drainage easement as recorded in Volume 251, Page 165 of the Deed Records of said County,this point marks the Northwest corner of said 8.635 acre tract; THENCE North 83 deg. 29 min. 30 see. East along the South line of said Hollywood Avenue with the North line of said 8.635 acre tract a distance of 181.00 feet to a point marking the Northwest corner and POINT OF BEGINNING of the herein described tract of land; THENCE North 83 deg. 29 min. 30 sec. East continuing along the South line of Hollywood Avenue and North line of said 8.635 acre tract a distance of 10.00 feet to a point marking the Northeast corner of the herein described tract of land; THENCE South 06 deg. 30 min. 30 sec. East along the East line of this tract a distance of 345.00 feet to a point marking the Southeast corner of the herein described tract of land; THENCE South 83 deg. 29 min. 30 sec. West along the South line of this tract a distance of 10.00 feet to a point marking the Southwest corner of the herein described tract of land; THENCE North 06 deg. 30 min. 30 sec. West along the West line of this tract a distance of 345.00 feet to the Northwest corner and POINT OF BEGINNING and containing in area 0.051 EXHIBIT "A" L:41d:G SURVU NG1 ETU d:DUUNM-101011o.019.doc One Turtle Creels Sauaro 3501 Tuttle Creek Dr..Suite 102 Port Arthur.TX 77642 40R/724-78RR FAX dnA/72d.1 adz acres in the Noah Tevis Survey and 0,028 acres in the David Brown Survey for a total area of 0.079 acres of land,more or less. Surveyed: April, 2010 O D.................................:...... � JOHN R.(BOB)HODGES✓ —^`_______— :. ....4583 �' v o! O o s6 PO� To (Bob)Hodges R.P.L. .#4583 Notes: An Exhibit of even date is being submitted with and being made part of this Metes and Bounds Description. Bearings referenced to the common line of the Noah Tevis and David Brown Surveys,due East— West. Page 2 of 3 Z.WkOSUAVCYCNCKMIE5&110UMS\2M10.019.doc i 0 100 200 SCALE IN FEE? HOLLYWOOD AVENUE 60' ROW S 08°16'00"E 33.97' N 63°2g'30 E 8018' S 11°27'45"E 81.55' POC POB"� DEL PAPA MANAGEMENT CORP. FND. `N N 83'29'30" E 10.00' TO 1�?" 1$1.00 x ° D.D51 ACRES L&L REALTY PARTNERSHIP ;WE a W OUT OF (DBA DEL PAPA DISTRIBUTORS) Y S.R. a, ; 0 12/28/1995 ►`� _ W NOAH TEVIS SURVEY ,.CIO ASSOCIATED TAX ABST. No. 52 8.635 ACRES APPRAISES Z U+ CF#96-9605256 - 0.90 ACRES _ • O : m y • ri O.P.R.J.C. m FC#iO3-54-25 3 x3 ma�§A-9 rTC''_'Dl� R3fl s%slEv N o ? ��m�lruu�� v its (REFERENCE BEARING) o R.P.R.J_C. ..z" x- c,l a°: t��at^�� nsi �ieF°r WE T 284.20' �, a ui s.ms�v�? v tam. Z o --1 x Lon 0 �` � iL OAK FARMS DAIRY p p t 2 u1 °- "o �-� !O ASSOCIATED TAX APPRAIS S c I T1 a 0.981 ACRES PROPOSED 10 WIDE i�•ui Gym O WATERLINE EASEMENT p FC#102-21-1547 R.P.R.J.C. 70 C5 cl• 0.079 ACRES TOTAL W t m rn U, Z to S 83'29'36" w a.oa' o 4 2 N 0.028 ACRES ° rn o DAVIS REAL PROPERTIES LTD. p �U _ ;�� ° 0 2.60 ACRES 0 'A c� AVID BROWN �� N CF#199847125 51 ABST. No. 5 CD-i v O.P.R.J.C. O J WEST 393.07' JEFFERSON COUNTY DRAINAGE DISTRICT#6 80'WIDE EASEMENT VOL. 971, PAGE 577 D.R.J.C.(FANNIN STREET DI OF ?` NN. S BEARINGS REFERENCED TO THE COMMON LINE OF THE NOAH TEVIS SURVEY AND THE DAVID BROWN SURVEY - DUE EAST-WEST EXHIBIT SHOWING PAGE A PROPOSED 10'WIDE WATERLINE EASEMENT 3 SITUATED IN ARCENEAUX & GATES THE NOAH TEVIS SURVEY ABST. No. 52 OF F7GATES UX CotlsulUng IIIgiAEars. Inc' AND THE DAVID BROWN SURVEY ABST. No, 5 8ntiueerr Surreyora Plessucra BEAUMON T,JEFFERSON COUNTY,7EJSAS 3 p 2501 Turtle Cr°cL• D"m Suit° 102 Mo Tllg EW= Port Arthur.Term 7'104Z Pon (400) 72.i-7880 DATE: 04-27-201D SCALE: 1"=200' DRAWN: TMR PROJ. No.: LS10-019 VER.: AutoCAD 2010 CHECKED: JIEKHIBIT "B" IIIIIIIIIIIIIIIIIIIIItIIIIIIIIIIIIIIIIIIIIIIIIiINlllllllll sAPGs 2010045 073 STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, L & L REALTY PARTNERSHIP, of the County of Galveston, 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 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 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. 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 r day of C� yJ)-f l , 2010. L& L REALTY PARTNERSHIP 13y Printed Name L—tom,►Cr 4r, fr- Title 6�rly-e,-al G i dr :6 ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF GALVESTON X BEFORE ME, the undersigned authority, on this day personally appeared Z-Cl 1 �� �'l�c�e��.lr r �►-el 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 L& L REALTY PARTNERSHIP and that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of eife 2010. -I —WVIM7MWAN fYAYIIM " NOlonve�v� Notary Pub c, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O. Box 3827 Beaumont,TX 77704 Wel papa ALL& ARCENEAUX & GATES ARCFAEAUX Consulting Engineers, Inc. GATES Engineers • Surveyors • Planners METES AND BOUNDS DESCRIPTION FOR A 10 FEET WIDE WATERLINE EASEMENT SITUATED IN THE NOAH TEVIS SURVEY,ABSTRACT NO. 52 AND THE DAVID BROWN SURVEY,ABSTRACT NO. 5 BEAUMONT,JEFFERSON COUNTY,TEXAS Being a 10 feet wide tract or parcel of land, a portion of that certain tract of land (called 8.635 acres) as conveyed by deed dated December 28, 1995 from Del Papa Management Corporation to L&L Realty Partnership, recorded in Clerk's File No. 96-9605256, of the Official Public Records of Real Property, County Clerk's Office, Jefferson County, Texas, as situated in and a part of the Noah Tevis Survey, Abstract No. 52 and the David Brown Survey, Abstract No. 5 of said County and being more particularly described by metes and bounds as follows; FOR LOCATIVE PURPOSES, commence at a '/z" steel rod found located at the intersection of the South line of Hollywood Avenue with the East line Jefferson County Drainage District No. 6 Hillebrandt Bayou 150 feet wide drainage easement as recorded in Volume 251, Page 165 of the Deed Records of said County, this point marks the Northwest corner of said 8.635 acre tract; THENCE North 83 deg. 29 min. 30 sec. East along the South line of said Hollywood Avenue with the North line of said 8.635 acre tract a distance of 135.00 feet to a point marking the Northwest corner and POINT OF BEGINNING of the herein described tract of land; THENCE North 83 deg. 29 min. 30 sec. East continuing along the South line of Hollywood Avenue and North line of said 8.635 acre tract a distance of 10.00 feet to a point marking the upper Northeast comer of the herein described tract of land; THENCE South 06 deg. 30 min. 30 sec. East along the upper East line of this tract a distance of 387.00 feet to a point marking an angle point and "Ell" corner of the herein described tract of land; THENCE North 83 deg. 29 min. 30 sec. East a distance of 150.33 feet to a point marking the lower Northeast corner of the herein described tract of land; THENCE South 06 deg. 30 min. 30 sec. East along the lower East line of this tract a distance of 10.00 feet to a point marking the Southeast corner of the herein described tract of land; THENCE South 83 deg. 29 min. 30 sec. West along the South line of this tract a distance of 160.33 feet to a point marking the Southwest corner of the herein described tract of land; Pagel of 3 ZAA&G SURVEYINGWETES&BOUNDS\2010\10-019-A.doc 3501 Turtle Creek Dr.,Suite 102 Port Arthur.TX 77642 40917247989 FAX 409/7241947 THENCE North 06 deg. 30 min. 30 sec. West along the West line of this tract a distance of 397.00 feet to the Northwest corner and POINT OF BEGINNING and containing in•area 0.049 acres in the Noah Tevis Survey and 0.076 acres in the David Brown Survey for a total area of 0.125 acres of land, more or less. Surveyed: August,2010 OF Teo �?•�G�sr .�}' . JOHN R.(BOB)HODGES 4583 J R. (Bob)Hodges V.L.S. #4583 �46 SURV • O if ZD� Notes: An Exhibit of even date is being submitted with and being made part of this Metes and Bounds Description. Bearings referenced to the common line of the Noah Tevis and David Brown Surveys, due East— West. Page 2 of 3 ZAA&G SURVEYING\METES&BOUNDS\2010\10-019-A.doc I 0 100 200 SCALE IN FEET AVENUE HOLL`(WOO ROW S 08°16'00"E 33.97' 1 N 83°29'30"E 980.18' S 11 027'45"E 81.55' POC POB DEL PAPA MANAGEMENT CORP. FND. 135,00' N 83'29'30" E 10. 0' TO 1/2" Z 0.049 ACRES &L REALTY PARTNERSHIP WEST 200.00' (DBA DEL PAPA DISTRIBUTORS) OAK FARMS IRY NOAH TEVIS SURVEY 12/28/1995 S.R. � � OUT OF ,C/O ASSOCIA TAX in o ABST. No. 52 8.635 ACRES b APPRAISE z CF#96 9605256 0.90 ACRE �1 0 o O.P.R.J.C. R► FC#103-64-25 3 I� _ ° NOAH TOWS SURVEY N A031VRACY No. iffi (REFERENCE BEARING)g R.P.R.J_C. 2 w ®AVO® MRo@R9fiN1 SURVE WET 2 8420' p Q � t0 A0 erRACV N®. 6 Q OG _% . i J PROPOSED 10'WIDE - _ �j OAK FARMS DAIRY p �> 4,-4 N o $ WATERLINE EASEMENT tea) � /O ASSOCIATED TAX APPRAIS S`L m -0 5� o 0.125 ACRES TOTAL �w 0.981 ACRES m N 83'29'30" E 150.33' trzZ w O FC#102-21-1547 R.P.R.J.C. S 06'30'30" E W� l 0) N = rn� $ 10.00' c a V¢ o w S 83'29 30 W 160.33' c N r1 ell m N ; � O1 c DAVIS REAL PROPERTIES LTD. O O 0.076 ACRES 0 0 0 2.60 ACRES •G N OUT OF N CF#199847125 'A DAVID BROWN �_j I O.P.R.J.C. n� ABST. No. 5 J v WEST 393.07' JEFFERSON COUNTY DRAINAGE DISTRICT#6 80'WIDE EASEMENT VOL.971,PAGE 577 D.R.J. NNIN STREET DITCH) 4 E OF TF ::Q���sTFyF'•.N � .. .. .. .....�.... .a ' 4583 �' <y9 l� BEARINGS REFERENCED TO THE COMMON LINE OF THE NOAH TEVIS C uvsk SURVEY AND THE DAVID BROWN SURVEY - DUE EAST-WEST EXHIBIT SHOWING PAGE A PROPOSED 10'WIDE WATERLINE EASEMENT 3 SITUATED IN If ARCENEAU% & GATES THE NOAH TEVIS SURVEY ABST. No. 52 OF 1AND THE DAVID BROWN SURVEY ABST. No. 5 3 BEAUMONT,JEFFERSON COUNTY,TEXAS 3501 Tarfle Creek Drive, mta 103 Poff Port lrthur,Taro 77543 1N0,R, "G (4oe)7u-7555 DATE: 08-17-2010 SCALE: 1"=200' DRAWN: TMR PROJ. No.: LS10-019A VER.: AutoCAD 2011 CHECKED: JRH