HomeMy WebLinkAboutRES 10-195 RESOLUTION NO. 10-195
WHEREAS, Stoneleigh Homsar Apartments, Ltd., has offered to convey a ten foot
(10') wide water line easement for property located at 4550 Major Drive, said easement
being out of Lot 1A, Block 1, of the replat of Stoneleigh, as described in Exhibit "A" and
shown on Exhibit"B" attached hereto, to the City of Beaumont for the purpose of providing
access to the water lines and fire hydrants for fire protection services for the Stoneleigh
Apartments; 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 Stoneleigh Homsar Apartments, Ltd., 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 27th day of
July, 2010.
Vol - Mayor Becky Ames -
1
,,fill ii
Fittz&Shipman
INC.
Consulting Engineers and Land Surveyors
EXHIBIT "A",PAGE 1 OF 3 Ronald D. Fittz,P.E.,R.P.L.S.(1948-1987)
CENTERLINE DESCRIPTION Terry G.Shipman,Chairman of Board
Billy J.Smith,Jr.,President
FOR A 10' WIDE EXCLUSIVE Donald R.King,P.E.
WATER LINE EASEMENT Michelle Falgout,P.E.
'
OUT OF LOT 1A OF THE REPLAT OF Walter J.Ksiazek,R.P.L.S.
STONELEIGH
JEFFERSON COUNTY,TEXAS
JULY 7,2010
REVISED: AUGUST 3,2010
That certain centerline description for a 10'wide exclusive water line easement, 5' on each side
of centerline, out of Lot 1A of the Replat of Stoneleigh, a plat recorded in Clerks File No.
2010014601 of the Official Public Records of Jefferson County, Texas, said centerline being
more particularly described by courses and distances as follows:
Note: The Basis of Bearings is a west line of said Lot 1A having been called North 03°08'36"
West 644.47 feet.
COMMENCING at a concrete monument found at the intersection of the east right-of-way line of
North Major Drive and the north right-of-way line of Homsar Pointe Boulevard for the southwest
corner of said Lot 1A from which a TxDot monument found for an angle point of said Lot 1A
bears North 03 008'36"West 644.47 feet (called North 03 008'36"West 644.47 feet);
THENCE North 87°09'40" East along the said north right-of-way line of Homsar Pointe
Boulevard and the south line of said Lot 1A a distance of 275.00 feet (called North 87°09'40"
East)to a point for the POINT OF BEGINNING of the said centerline from which a capped iron
rod found for the southeast corner of said Lot 1A bears North 87 009'40" East 60.00 feet (called
North 87 009'40" East);
THENCE along the said centerline of the 10' wide exclusive water line easement with the
following courses and distances:
North 02 050'20"West a distance of 0.68 feet to an angle point;
North 42 009'40" East a distance of 7.07 feet to an angle point;
North 02°50'20"West a distance of 347.14 feet to an angle point;
South 87 009'40"West, at a distance of 86.67 feet pass a point for the POINT OF
BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears North
02 050'20"West 22.69 feet and continuing a total distance of 176.52 feet to an angle point;;
North 02 050'20"West, at a distance of 414.50 feet pass a point for the POINT OF
BEGINNING of TAP B from which the POINT OF TERMINATION of said TAP B bears North
87 009'40" East 22.00 feet, and continuing a total distance of 607.88 feet to an angle point;
North 40°00'31" East, at a distance of 79.08 feet pass a point for the POINT OF
BEGINNING of TAP C from which the POINT OF TERMINATION of TAP C bears South
49 059'29" East 11.61 feet, and continuing a total distance of 148.16 feet to an angle point for the
Fittz&Shipman,Inc.
Project No.07156.00OOT6 -
Plat&Description 1405 Cornerstone Court- Beaumont,Texas 77706 - (409) 832-7238 • fax(409) 832-7303
Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186
EXHIBIT "A",PAGE 2 OF 3
POINT OF BEGINNING of TAP D from which the POINT OF TERMINATION of said TAP D
bears North 49 024'06"West 108.32 feet to a point in the southeasterly right-of-way line of Old
Major Drive from which a capped iron rod found for the most northerly comer of said Lot 1A
bears North 40 001'28" East 90.42 feet (called North 40 001'28" East);
South 49 024'06" East, at a distance of 217.55 feet pass a point for the POINT OF
BEGINNING of TAP E from which the POINT OF TERMINATION of said TAP E bears South
40°35'54"West 23.00 feet, and continuing a total distance of 452.62 feet to an angle point for
the POINT OF BEGINNING of TAP F from which the POINT OF TERMINATION of said TAP F
bears South 49°24'06" East 52.62 feet to a point in the southeasterly line of said Lot 1A from
which a capped iron rod found for the most easterly corner of said Lot 1A bears North 40 035'54"
East 90.47 feet;
South 40 035'54"West a distance of 94.04 feet to an angle point;
South 85 035'54"West a distance of 25.99 feet to an angle point;
South 40°35'54"West, at a distance of 27.63 feet pass a point for the POINT OF
BEGINNING of TAP G from which the POINT OF TERMINATION of said TAP G bears South
49 024'05" East 25.84 feet, and continuing a total distance of 235.99 feet to an angle point;
South 02 050'20" East a distance of 164.95 feet to the POINT OF TERMINATION of the
said centerline.
This Centerline Description is based on a survey performed by Fittz & Shipman, Inc. during
March 2010.
Walter J. Ksiazek
Registered Professional Land Surveyor No. 5321 *'ti.�E6* F�•f
Is WALTER J. KSIA2EK
QSol
e ; IJit��{b
Ruz&Shipman,Inc.
Project No.07156.00OOT6
Plat&Description
EXHIBIT "A", PAGE 3 OF 3
NUMBER DIRECTION DISTANCE
L1 N 02'50'20" W 0.68
L2 N 42'09'40" E 7.07
L3 N 02'50'20" W 347.14
L4 IS 87'09'40" W 176.52
L5 N 02'50'20" W 22.69
L6 N 02'50'20" W 607.88
L7 N 87'09'40" E 22.00
L8 N 40'00'31" E 148.16 FOUND
L9 S 49'59'29" E 11.61 CAPPED REMAINDER OF
LAKE L10 S 49'24'06" E 452.62 IRON RO CLERKS FILE NO.B2 05038617 O.P.R.J.C.
L11 N 49'24'06" W 108.32 0 100 200 LOT 2 (CALLED 28.787 ACRES)
L12 S 40'35'54" W 23.00 �0 5.167 ACRES
L13 S 49'24'06" E 52.62 S C A L �QR� 4, POINT OF
L14 S 40'35'54 * W 94.04 0�� oQ �/ 1% x�, TERMINATION
L15 S 8535'54* W 25.99 6 0, � .�s, CENTERLINE
L16 IS 40'35'54" W 235.99 �` o° / �i\\ 10' MADE
L17 S 49'24'05" E 25.84 �'4e`°,yo°�,P j/ R 1 F FOUND EXCLUSIVE CAPPED
L18 S 02'50'20" E 164.95 ey o`yo °`' �\ �'�� Ar CAPPED WATER LINE IRON ROD
L19 N 40'01 28" E 182.89 y� ° o / \�PQG �s IRON ROD EASEMENT
� o � s
CALLED N 40'01'28' E SEC, ` �)� ;\ 60.00
FND
s
CAPPED 9AF \\ PRIVATE STREET L1
IRON ROD
°o M Z p
III �M
9 Q 4/ ��P m LOT 1 A TAP A- I J POINT OF ''�W a Q
LS BEGINNING 0 w g W
a I CENTERLINE ° o Q .J
92 �- - - - J~ - -_— 414.50 - - —�� 10' WIDE n d� ap
SURVEYOR'S CERTIFICATION: CJ 9 srj — — — — — — — — N CD V)
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, r9 o L6 EXCLUSIVE Q z o O
THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE ` 9S+AGgG 7✓O WATER LINE m
ON THE GROUND UNDER MY SUPERVISION DURING MARCH 2010. EASEMENT aD aD
U =
tJ
9 oyoFE`J'pl�i F N 03'08 36 W 644.47 COMMENING
FOUND ;Y4' FOUND TX-1 (CALLED N 03'08'36" W 644.47)
O F T gx IRON ROD MONUMENT (BASIS OF BEARINGS) POINT
FOUND
WALTER J. KSIAZEK *�V • CENTERLINE 4550 NORTH MAJOR DRIVE CONCRETE
REGISTERED PROFESSIONAL LAN URVEYOR NO. 21 '!/ * G�TER��' \ 1 MONUMENT
0 WIDE EXCLUSIVE
EG STEREO # * WATER LINE EASEMENT,
«
KSIAZ�- 5' EACH SIDE OF CENTERLINE
yy/tLTER J. -�.
but
t 0:ESS�*—A 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO.
gvK�� Fit hi man
INC. PRMCT NAME: LOT 1A OF REPLAT OF STONELEIGH 3
1405 CORNERSTONE COURT, BEAUMONT, TEXAS
CLERKS FILE NO. 2010014601, OPRJC PROJECT NO.
BEAUMONT TEXAS
Q:\PROJECTS\07156\07156-000\TASK 06\7156wtresmt.dwg Aug 11, 2010 02:49pm (409) 832-7238 FAX (409) 832-7303 REVISED: , 07156TO6
AUGUST 3, 2010 DATE: 7-7-10
NUMBER I DIRECTION DISTANCE EXHIBIT W. PAGE 3 OF 3
L1 N 02'50'20" W 0.68
L2 N 42'09'40" E 7.07
L3 N 02'50'20" W 347.14
L4 S 87 09'40" W 176.52
L5 N 02'50'20" W 22.69
L6 N 02'50'20" W 607.88 1�2
L7 IN 87'09'40" E 22.00
L8 N 40'00'31" E 148.16 FOUN
L9 S 49'59'29" E 11.61 CAPPED REMAINDER OF
L10 S 49'24'06" E 408.62 IRON RO CLERKS FILE NO.82005038617 O.P.R.J.C.LAKE
L11 N 49 24'06 W 108.32 0 t o0 00 LOT 2 (CALLED 28.787 ACRES)
L12 S 4035'54" W 23,00 5.167 ACRES
L13 S 49'24'06" E 52.62 C A b 0• r
L14 S 40'35'54" W 94.04 e4'' 4�? �P� qr POINT OF TERMINATION
L15 S 85'35'54" W 28.82 x°410■� Y �� CENTERLINE
L16 S 40'35'54" W 231.88 +01. 9� !r S•
10' WIDE FOUND
L17 S 49'24'05" E 25.84 �' ,.�' >:� y�� F FOUND EXCLUSIVE CAPPED
L18 S 02'50'20' E 167.86 r�'cS`' r• N ti N 7fr CAPPED WATER LINE IRON ROD
L19 N 40'01 28" E 182.89` �y`� �pC� �pe IRON R� EASEMENT
CALLED N 40'01'29"ey 60.00
FOUND CY
AP ROD y�i F _ _ PRIVATE STREET L1
L18 I L3 L2 g Z 0
m o LOT 1 A I o
x �Cb m TAP A I POINT OF '� a Q
= 94c2�Qe `� j BEGINNING p w a >
�8 ao 11 CENTERLINE o R Lr
W SURVEYOR'S CERTIFICATION: o1b �!9 0, 6 J __ 414.50 __J 10' WIDE h °a m Q
1 00 HEREBY CERTIFY.TO THE BEST OF MY KNOWLEDGE AND BELIEF, r9 L5 EXCLUSIVE N O=
THAT THIS IS AN ACCURATE PLAT OF A SURVEY B DESCRIPTION MADE 4 WATER LINE t-$ g m
ON THE GROUND UNDER MY SUPERVISION DURING MARCH 2010. li� EASEMENT Z
W L q �O _
94 OF' �t. �e� C� (CALLEDN 0308'36 w 64447) COMMENING
(E: T FOUND �'
.` •v• 'rp � IRON ROD MONO ENT (BASIS OF BEARINGS) POINT
WALTER J. KSIAZEK ro•'�(g1.4TEQl�. •S fOUNE
REGISTERED PROFESSIONAL LAND VEYOR N0. 1 * • 7� • f ` CENTERLINE 4550 NORTH MAJOR DRIVE CONCRETE
1O' WIDE EXCLUSIVE MONUMENT
WALTER J. KSIAZFK• WATER LINE EASEMENT,
• � v4 5' EACH SIDE OF CENTERUNE
•�d'�S$�i'4,
SHEET N0.10' WIDE EXCLUSIVE WATER LINE EASEMENT
Fittz�Shipman
?� F,q em md L4W Swveym IN_ PROJECT NAME: LOT 1A OF REPLAT OF STONELEIGH 3
1405 CORNERSTONE COURT,BEAUU0N7,TEXAS CLERKS FILE NO. 2010014601, OPRJ BEAUMONT TEXAS PROJECT No.
0:\PROJECTS\07156\071 56-0 00\TASK O6\7I56wtre• t.d,g Jul 08, 2010 11:32cm (409)a32-7236 FAX(4 ,09)832-7303 ]1ATE•7-7-10 07156TOB
r
Fittz&Shipman
INC.
Consulting Engineers and Land Surveyors
EXHIBIT "A", PAGE 1 OF 3 Ronald D. Fittz,P.E.,R.P.L.S.(1948-1987)
CENTERLINE DESCRIPTION Terry G.Shipman,Chairman of Board
Billy].Smith,Jr., President
FOR A 10' WIDE EXCLUSIVE Donald R. King,P.E.
WATER LINE EASEMENT Michelle Falgout,P.E.
Walter J. Ksiazek,R.P.L.S.
OUT OF LOT lA OF THE REPLAT OF
STONELEIGH
JEFFERSON COUNTY,TEXAS
JULY 7, 2010
REVISED: AUGUST 3,2010
That certain centerline description for a 10' wide exclusive water line easement, 5' on each side
of centerline, out of Lot 1A of the Replat of Stoneleigh, a plat recorded in Clerks File No.
2010014601 of the Official Public Records of Jefferson County, Texas, said centerline being
more particularly described by courses and distances as follows:
Note: The Basis of Bearings is a west line of said Lot 1A having been called North 03°08'36"
West 644.47 feet.
COMMENCING at a concrete monument found at the intersection of the east right-of-way line of
North Major Drive and the north right-of-way line of Homsar Pointe Boulevard for the southwest
corner of said Lot 1A from which a TxDot monument found for an angle point of said Lot 1A
bears North 03°08'36"West 644.47 feet (called North 03 008'36"West 644.47 feet);
THENCE North 87°09'40" East along the said north right-of-way line of Homsar Pointe
Boulevard and the south line of said Lot 1A a distance of 275.00 feet (called North 87 009'40"
East) to a point for the POINT OF BEGINNING of the said centerline from which a capped iron
rod found for the southeast corner of said Lot 1A bears North 87 009'40" East 60.00 feet (called
North 87 009'40" East);
THENCE along the said centerline of the 10' wide exclusive water line easement with the
following courses and distances:
North 02 050'20"West a distance of 0.68 feet to an angle point;
North 42 009'40" East a distance of 7.07 feet to an angle point;
North 02 050'20"West a distance of 347.14 feet to an angle point;
South 87 009'40"West, at a distance of 86.67 feet pass a point for the POINT OF
BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears North
02 050'20" West 22.69 feet and continuing a total distance of 176.52 feet to an angle point;;
North 02 050'20" West, at a distance of 414.50 feet pass a point for the POINT OF
BEGINNING of TAP B from which the POINT OF TERMINATION of said TAP B bears North
87 009'40" East 22.00 feet, and continuing a total distance of 607.88 feet to an angle point;
North 40 000'31" East, at a distance of 79.08 feet pass a point for the POINT OF
BEGINNING of TAP C from which the POINT OF TERMINATION of TAP C bears South
49 059'29" East 11.61 feet, and continuing a total distance of 148.16 feet to an angle point for the
Fittz&Shipman,Inc.
Project No.07156.00OOT6
Plat&Description 1405 Cornerstone Court• Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303
Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186
EXHIBIT "A", PAGE 2 OF 3
POINT OF BEGINNING of TAP D from which the POINT OF TERMINATION of said TAP D
bears North 49 024'06"West 108.32 feet to a point in the southeasterly right-of-way line of Old
Major Drive from which a capped iron rod found for the most northerly corner of said Lot 1A
bears North 40 001'28" East 90.42 feet (called North 40 001'28" East);
South 49 024'06" East, at a distance of 217.55 feet pass a point for the POINT OF
BEGINNING of TAP E from which the POINT OF TERMINATION of said TAP E bears South
40 035'54"West 23.00 feet, and continuing a total distance of 452.62 feet to an angle point for
the POINT OF BEGINNING of TAP F from which the POINT OF TERMINATION of said TAP F
bears South 49°24'06" East 52.62 feet to a point in the southeasterly line of said Lot 1A from
which a capped iron rod found for the most easterly corner of said Lot 1A bears North 40°35'54"
East 90.47 feet;
South 40 035'54" West a distance of 94.04 feet to an angle point;
South 85°35'54"West a distance of 25.99 feet to an angle point;
South 40 035'54"West, at a distance of 27.63 feet pass a point for the POINT OF
BEGINNING of TAP G from which the POINT OF TERMINATION of said TAP G bears South
49 024'05" East 25.84 feet, and continuing a total distance of 235.99 feet to an angle point;
South 02°50'20" East a distance of 164.95 feet to the POINT OF TERMINATION of the
said centerline.
This Centerline Description is based on a survey performed by Fittz & Shipman, Inc. during
March 2010.
Walter J. Ksiazek
OF T�s,l,
Registered Profession I Land Sury or No. 5321 ro*.ttG1STEQF •s.
11 �
WALTER J. KS1AZ-K
•.�ESgMQ•�dQ
SUt
Fittz&Shipman,Inc.
Project No.07156.00OOT6
Plat&Description
EXHIBIT "Am, PAGE 3 OF 3
NUMBER DIRECTION DISTANCE
L1 N 02'50'20" W 0.68
L2 N 42'09'40" E 7.07
L3 N 02'50'20" W 347.14
L4 S 87'09'40" W 176.52
L5 N 02'50'20" W 22.69
L6 N 02'50'20" W 607.88
L7 N 87'09'40" E 22.00
L8 N 40'00'31" E 148.16 FOUND
L9 $ 49'59'29" E 11.61 CAPPED REMAINDER OF
IRON RO LAKE BEAU, L.L.P.
L10 IS 4924'06" E 452.62 CLERKS FILE NO. 2005038617 O.P.R.J.C.
L11 N 49'24'06" W 108.32 0 100 200 LOT 2 (CALLED 28.787 ACRES)
L12 S 40'35'54" W 23.00 90 5.167 ACRES
L13 S 4924�06w E 52.62 S C A L E POINT OF
L14 S 40'35 54 W 94.04 P
oQ / TERMINATION
L15 S 85'35'54" W 25.99 ro k�'�� /'���' ��s, CENTERLINE
L16 S 40'35'54" W 235.99 G����oo°Qy��, j ��� sir.. 10' WIDE FOUND
L17 S 49'24'05" E 25.84 0� �\�O�k1^ E: F FOUND EXCLUSIVE CAPPED
L18 S 02'50'20" E 164.95 ���o`cl k' j \ �'��Q v CAPPED WATER LINE IRON ROD
�o / ,�P IRON ROD EASEMENT
L19 N 40'01'28" E 182.89 F��GPJ' ��/ / \ r' sS
CALLED N 40'01'28" E �� ` �j2 ;\\ 60.00
FOUND S \\
CAPPED // \\ PRIVATE STREET L1
IRON ROD g`� �___ C°
L18 r, L3 L2 0 M Z 0
to M w
Q LOT 1 A TAP A' d POINT OF M w a Q
00 L5 ('' BEGINNING W o >
o a
\ .p n Q CENTERLINE o 0 0 j
Ql^ �! 92 �__ J ~_ 414.50 — — —�� 10' WIDE Lo Q
SURVEYOR'S CERTIFICATION: rl 9 Aj L6 EXCLUSIVE Q z N 0
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, o WATER LINE n 0 m
THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE l 1p, &��✓Ql EASEMENT J 0
ON THE GROUND UNDER MY SUPERVISION DURING MARCH 2010. /�� Yy 's'
^ z
'9 C�goFF J /!i N 03'08 36 W 644.47
(CALLED N 03'08'36" W 644.47) COMMENING
F FOUND 34 FOUND TX
IRON ROD (BASIS OF BEARINGS) POINT
F T f" r MONUMENT FOUND
(WALTER .f. '91 CENTERLINE 4550 NORTH MAJOR DRIVE CONCRETE
WALTER J.REGISTERED KPROFESSIONAL LAN URVEYOR N0. 321 GISTER '
WATER LANE EASEMI NT, MONUMENT
5' EACH SIDE OF CENTERLINE
J. KSIAZi" - - 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET N0.
a� y��`' F�ttz�Sh�pman pROJgcr „�; LOT 1A OF REPEAT OF STONELEIGH 3
Cmmkug E'#"0mO1dLaW SWwym CLERKS FILE NO. 2010014601, OPRJC PROJECT NO.
1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT TEXAS
'
(
Q:\PROJECTS\07156\07156-000\TASK O6\7156wtresmt.dwg Aug 11, 2010 02:49pm 409) 832-7238 FAX (409) 832-7303 07156T
AUGUST 3, 2010 DATE: 7-7-10 06
IIIIIIIIIIIIIIIIIIIIIIIIIIiiillillllllllllllllllllllllllllll EAS 2010042222
6 PGS
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, STONELEIGH HOMSAR APTS., LTD., a Texas limited partnership,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
CITTY OF BEAUMON`T, 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 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/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 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.
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 ' 2010.
GRANTOR:
STONELEIGH HOMSAR APTS., LTD.,
a Texas limited partnership
BY: SHAB Venture, L.L.C.
Its General P ner
By. J c ice resident
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
The foregoing instrument was acknowledged before me on August 9 , 2010, by_
aacl- W}so , Viee Prue,;a,.n of SHAB Venture, L.L.C., in its
capacity as Its General Partner of STONELEIGH HOMSAR APTS., LTD., a Texas limited
partnership, on behalf of said limited partnership.
CHERYL WESSELS aLA
My Commission Expires
October 29,2012 Notary Pub0c, State of Texas
os
RETUR O:
City of Beaumont
Ilona N. Baker
P. O. Box 3 827
Beaumont,TX 77704 \fire\\stoneleigh
Fittz&Shipman
INC.
r Consulting Engineers and Land Surveyors
EXHIBIT "A",PAGE 1 OF 3 Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987)
CENTERLINE DESCRIPTION Terry G.Shipman,Chairman of Board
Billy J.Smith,Jr.,President
FOR A 10' WIDE EXCLUSIVE Donald R. King,P.E.
WATER LINE EASEMENT Michelle Falgout,P.E.
'
OUT OF LOT 1A OF THE REPLAT OF Walter J. Ksiazek,R.P.L.S.
STONELEIGH
JEFFERSON COUNTY,TEXAS
JULY 7,2010
REVISED: AUGUST 3,2010
That certain centerline description for a 10' wide exclusive water line easement, 5' on each side
of centerline, out of Lot 1A of the Replat of Stoneleigh, a plat recorded in Clerks File No.
2010014601 of the Official Public Records of Jefferson County, Texas, said centerline being
more particularly described by courses and distances as follows:
Note: The Basis of Bearings is a west line of said Lot 1A having been called North 03 008'36"
West 644.47 feet.
COMMENCING at a concrete monument found at the intersection of the east right-of-way line of
North Major Drive and the north right-of-way line of Homsar Pointe Boulevard for the southwest
corner of said Lot 1A from which a TxDot monument found for an angle point of said Lot 1A
bears North 03 008'36"West 644.47 feet (called North 03 008'36"West 644.47 feet);
THENCE North 87 009'40" East along the said north right-of-way line of Homsar Pointe
Boulevard and the south line of said Lot 1A a distance of 275.00 feet (called North 87 009'40"
East) to a point for the POINT OF BEGINNING of the said centerline from which a capped iron
rod found for the southeast corner of said Lot 1A bears North 87 009'40" East 60.00 feet (called
North 87 009'40" East);
THENCE along the said centerline of the 10' wide exclusive water line easement with the
following courses and distances:
North 02 050'20"West a distance of 0.68 feet to an angle point;
North 42 009'40" East a distance of 7.07 feet to an angle point;
North 02 050'20"West a distance of 347.14 feet to an angle point;
South 87 009'40"West, at a distance of 86.67 feet pass a point for the POINT OF
BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears North
02 050'20"West 22.69 feet and continuing a total distance of 176.52 feet to an angle point;;
North 02 050'20" West, at a distance of 414.50 feet pass a point for the POINT OF
BEGINNING of TAP B from which the POINT OF TERMINATION of said TAP B bears North
87 009'40" East 22.00 feet, and continuing a total distance of 607.88 feet to an angle point;
North 40°00'31" East, at a distance of 79.08 feet pass a point for the POINT OF
BEGINNING of TAP C from which the POINT OF TERMINATION of TAP C bears South
49°59'29" East 11.61 feet, and continuing a total distance of 148.16 feet to an angle point for the
Fittz&Shipman,Inc.
Project No.07156.000OT6
Plat&Description
1405 Cornerstone Court• Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303
Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186
EXHIBIT "A", PAGE 2 OF 3
POINT OF BEGINNING of TAP D from which the POINT OF TERMINATION of said TAP D
bears North 49 024'06" West 108.32 feet to a point in the southeasterly right-of-way line of Old
Major Drive from which a capped iron rod found for the most northerly corner of said Lot 1A
bears North 40 001'28" East 90.42 feet (called North 40 001'28" East);
South 49°24'06" East, at a distance of 217.55 feet pass a point for the POINT OF
BEGINNING of TAP E from which the POINT OF TERMINATION of said TAP E bears South
40°35'54"West 23.00 feet, and continuing a total distance of 452.62 feet to an angle point for
the POINT OF BEGINNING of TAP F from which the POINT OF TERMINATION of said TAP F
bears South 49 024'06" East 52.62 feet to a point in the southeasterly line of said Lot 1A from
which a capped iron rod found for the most easterly corner of said Lot 1A bears North 40 035'54"
East 90.47 feet;
South 40 035'54"West a distance of 94.04 feet to an angle point;
South 85 035'54"West a distance of 25.99 feet to an angle point;
South 40 035'54"West, at a distance of 27.63 feet pass a point for the POINT OF
BEGINNING of TAP G from which the POINT OF TERMINATION of said TAP G bears South
49°24'05" East 25.84 feet, and continuing a total distance of 235.99 feet to an angle point;
South 02 050'20" East a distance of 164.95 feet to the POINT OF TERMINATION of the
said centerline.
This Centerline Description is based on a survey performed by Fittz & Shipman, Inc. during
March 2010.
Walter J. Ksiazek
Registered Professi HLandSu r N o. 5321
Fittz&Shipman,Inc.
Project No.07156.00OOT6
Plat&Description
EXHIBIT "A", PAGE 3 OF 3
NUMBER DIRECTION DISTANCE
L1 N 02'50'20" W 0.68
L2 N 42'09'40" E 7.07
L3 N 02'50'20" W 347.14
L4 IS 87'09'40" W 176.52
L5 N 02'50'20" W 22.69
L6 N 02'50'20" W 607.88
L7 N 87'09'40" E 22.00
L8 N 40'00'31" E 148.16 FOUND
L9 S 49'59'29" E 11.61 CAPPED REMAINDER OF
IRON RO LAKE BEAU, L.L.P.
L10 S 49'24'06" E 452.62 CLERKS FILE NO. 2005038617 O.P.R.J.C.
L11 N 4924'06" W 108.32 0 100 200 LOT 2 (CALLED 28.787 ACRES)
L12 S 40'3554" W 23.00 1652%666ii 5.167 ACRES
L13 S 49'24'06" E 52.62 S C A L E Pp`` �G Q POINT OF
L14 S 40'35'54" W 94.04 o�e'� oQ� �PQ/ �StO, TERMINATION
L15 S 8535'54" W 25.99 ,� ,� y� /���' mss, CENTERLINE
L16 S 40'35'54" W 235.99 OJ pcj�� 'z G�v ���� `S7ts 10' WIDE FOUND
L17 S 49'24'05" E 25.84 ° FOUND op�.� / �\1 EXCLUSIVE
p � / I F CAPPED
L18 S 02'50'20" E 164.95 ��o`�o o°c' CA N Ir CAPPED WATER LINE IRON ROD
L19 N 40'01'28" E 182.89 �� \��,Py� j ��PG v'�s IRON ROD EASEMENT
CALLED N 40'01'28" E + /�j2 60.00
FOUND
CAPPED G � \�� PRIVATE STREET L1 Lt)
IRON ROD g ———T
L3 L o° ~
// ti L18 2 o M Z p
U-)K) �
Q LOT 1 A TAP A'o '* POINT OF "W Q Q
_ o P �'�Q m L5 BEGINNING o w
�� x'90 Q CENTERLINE o 0 0 J'
0 l^ �J I — J F- _ 414.50 — _ --I 10' WIDE n � Q
SURVEYOR'S CERTIFICATION: < O 9 Aj EXCLUSIVE C4 O 0 Q
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, '9A L6 O z
THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE / 9S.AGgG 1/O WATER LINE co w O m
ON THE GROUND UNDER MY SUPERVISION DURING MARCH 2010. </� y p EASEMENT j
Zv =
�99c'pgoFF�'f/j, N 03'08 36 W 644.47
F FOUND Y4 (CALLED N 03'08'36" W 644.47) COMMENING
IRON ROD FOUND TX (BASIS OF BEARINGS) POINT
omw--1�96 1� l MONUMENT FOUND
WALTER J. KSIAZEK �,OF F r �< CENTERLINE 4550 NORTH MAJOR DRIVE CONCRETE
REGISTERED PROFESSIONAL D SUR O NO. 5321 �►�y •y ���.^ Y ' MONUMENT
• ISTER ;4 10 WIDE EXCLUSIVE
�G Fit. t WATER LINE EASEMENT,
' 5' EACH SIDE OF CENTERLINE
WALTER J. "'A"'
t 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO.
''•ASS`` ` Fittz&Shipman PROJECT NAME: 3
INC. LOT 1A OF REPLAT OF STONELEIGH
�BandLwrdSi"veyas CLERKS FILE N0. 2010014601, OPRJ
1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS PROJECT N0.
Q:\PROJECTS\07156\07156-000\TASK 06\7156wtresmt.dwg Aug 11, 2010 02:49pm (409) 832-7238 FAX (409) 832-7303 AUGUST 3 D2010 DATE: 7-7-1 0 07156T06
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIiIIIIIINII PR` 2010042223
6 PGS
PARTIAL RELEASE OF LIEN
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
THAT the undersigned, of the County of Dallas, and State of Texas,the legal and equitable
owner and holder of that one certain Deed of Trust, dated June 16, 2010, filed June 18, 2010,
recorded under County Clerk's Film Code No. 2010022652 of the Real Property Records of
Jefferson County,Texas; executed by Stoneleigh Homsar Apts.,Ltd., a Texas limited partnership,
to Kevin A. Sullivan, Trustee for the benefit of Bank of The Ozarks, given to secure the payment
of one certain promissory note for the sum of Ten Million Five Hundred Thirty Thousand and
NO/100 Dollars($10,530,000.00). Assignment of Rents dated June 16,2010, filed June 18,2010,
under County Clerk's Film Code No.2010022653 of the Real Property Records of Jefferson
County, Texas, executed by Stoneleigh Homsar Apts., Ltd. to Bank of The Ozarks.
For a good and valuable consideration paid to the undersigned, the receipt of which is
hereby acknowledged, the undersigned has released and discharged, and by these presents hereby
releases and discharges,the property which is described in Exhibit "A," attached hereto and made
a part hereof for all purposes, a portion of the property described in the above mentioned Deed
of Trust from all liens and assignments held by the undersigned to secure payment of the above
mentioned note.
But it is expressly agreed and understood that this is a PARTIAL RELEASE only, and that
the same shall in no wise release, affect or impair said lien or liens against any other property in
said instrument mentioned.
EXECUTED this the Cq7KA---1 day of , 2010.
BANK O THE O S
By:
Title: lC�
ACKNOWLEDGMENT
THE STATE OF TEXAS X
COUNTY OF DALLAS X
Before me, the undersigned authority, personally appeared ��tv-C)Com a
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
BANK OF THE OZARKS and that he executed the same for the purpose and consideration therein
expressed and in the capacity therein stated. C
GIVEN UNDER MY HAND and seal of office this the eP / day of
, A.D. 2010.
�.� ANNA M.CARRILLO Notary Public, State of Texas
: NOTARY PUBLIC
STATE OF TEXAS
My Comm.Up.11-12-2010
RETURN TO: City of Beaumont
Ilona N.Baker
P.O.Box 3827
Beaumont,TX 77704
\stoneleigh_mlease
t
Fittz&Shipman
INC.
Consulting Engineers and Land Surveyors
EXHIBIT "A", PAGE 1 OF 3 Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987)
CENTERLINE DESCRIPTION Terry G.Shipman,Chairman of Board
Billy J.Smith,Jr.,President
FOR A 10' WIDE EXCLUSIVE Donald R. King,P.E.
WATER LINE EASEMENT Walter Michelle e Fak,R.P.L.S.
OUT OF LOT 1A OF THE REPLAT OF
STONELEIGH
JEFFERSON COUNTY,TEXAS
JULY 7, 2010
REVISED: AUGUST 3,2010
That certain centerline description for a 10' wide exclusive water line easement, 5' on each side
of centerline, out of Lot 1A of the Replat of Stoneleigh, a plat recorded in Clerks File No.
2010014601 of the Official Public Records of Jefferson County, Texas, said centerline being
more particularly described by courses and distances as follows:
Note: The Basis of Bearings is a west line of said Lot 1A having been called North 03 008'36"
West 644.47 feet.
COMMENCING at a concrete monument found at the intersection of the east right-of-way line of
North Major Drive and the north right-of-way line of Homsar Pointe Boulevard for the southwest
corner of said Lot 1A from which a TxDot monument found for an angle point of said Lot 1A
bears North 03 008'36"West 644.47 feet (called North 03 008'36" West 644.47 feet);
THENCE North 87°09'40" East along the said north right-of-way line of Homsar Pointe
Boulevard and the south line of said Lot 1A a distance of 275.00 feet (called North 87 009'40"
East) to a point for the POINT OF BEGINNING of the said centerline from which a capped iron
rod found for the southeast corner of said Lot 1A bears North 87°09'40" East 60.00 feet (called
North 87 009'40" East);
THENCE along the said centerline of the 10' wide exclusive water line easement with the
following courses and distances:
North 02 050'20" West a distance of 0.68 feet to an angle point;
North 42 009'40" East a distance of 7.07 feet to an angle point;
North 02 050'20"West a distance of 347.14 feet to an angle point;
South 87 009'40"West, at a distance of 86.67 feet pass a point for the POINT OF
BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears North
02 050'20" West 22.69 feet and continuing a total distance of 176.52 feet to an angle point;;
North 02 050'20" West, at a distance of 414.50 feet pass a point for the POINT OF
BEGINNING of TAP B from which the POINT OF TERMINATION of said TAP B bears North
87 009'40" East 22.00 feet, and continuing a total distance of 607.88 feet to an angle point;
North 40°00'31" East, at a distance of 79.08 feet pass a point for the POINT OF
BEGINNING of TAP C from which the POINT OF TERMINATION of TAP C bears South
49°59'29" East 11.61 feet, and continuing a total distance of 148.16 feet to an angle point for the
Ritz&Shipman,Inc.
Project No.07156.00OOT6
Plat&Description 1405 Cornerstone Court• Beaumont, Texas 77706 • (409) 832-7238 • fax(409) 832-7303
Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186
EXHIBIT "A", PAGE 2 OF 3
POINT OF BEGINNING of TAP D from which the POINT OF TERMINATION of said TAP D
bears North 49 024'06"West 108.32 feet to a point in the southeasterly right-of-way line of Old
Major Drive from which a capped iron rod found for the most northerly corner of said Lot 1A
bears North 40 001'28" East 90.42 feet called North 40°01'28" East
South 49024'06" East, at a distance of 217.55 feet pass a point for the POINT OF
BEGINNING of TAP E from which the POINT OF TERMINATION of said TAP E bears South
40°35'54"West 23.00 feet, and continuing a total distance of 452.62 feet to an angle point for
the POINT OF BEGINNING of TAP F from which the POINT OF TERMINATION of said TAP F
bears South 49 024'06" East 52.62 feet to a point in the southeasterly line of said Lot 1A from
which a capped iron rod found for the most easterly corner of said Lot 1A bears North 40 035'54"
East 90.47 feet;
South 40 035'54"West a distance of 94.04 feet to an angle point;
South 85 035'54"West a distance of 25.99 feet to an angle point;
South 40°35'54"West, at a distance of 27.63 feet pass a point for the POINT OF
BEGINNING of TAP G from which the POINT OF TERMINATION of said TAP G bears South
49 024'05" East 25.84 feet, and continuing a total distance of 235.99 feet to an angle point;
South 02 050'20" East a distance of 164.95 feet to the POINT OF TERMINATION of the
said centerline.
This Centerline Description is based on a survey performed by Fittz & Shipman, Inc. during
March 2010.
Walter J. Ksiazek
Registered Profess onal Land rveyor No. 5321 ,��.� OF6'*
WALTER J. KSIAZFK
xl
Avssx
Fittz&Shipman,Inc.
Project No. 07156.00OOT6
Plat&Description
EXHIBIT "A", PAGE 3 OF 3
NUMBER DIRECTION DISTANCE
L1 N 02'50'20" W 0.68
L2 N 42'09'40" E 7.07
L3 N 02'50'20" W 347.14
L4 IS 87'09'40" W 176.52
L5 N 02'50'20" W 22.69
L6 N 02'50'20" W 607.88 6
L7 N 87'09'40" E 22.00
L8 N 40'00'31" E 148.16 FOUND
L9 S 49'59'29" E 11.61 CAPPED REMAINDER OF
IRON RO LAKE BEAU, L.L.P.
L10 S 49'24'06" E 452.62 CLERKS FILE NO. 2005038617 O.P.R.J.C.
L11 N 49'24'06" W 108.32 0 100 200 LOT 2 (CALLED 28.787 ACRES)
L12 S 40'35'54" W 23.00 90 5.167 ACRES
L13 S 49'24�06p E 52.62 S C A L E P°� �'G P g' POINT OF
L14 S 40'35 54 W 94.04 �P� o? Fj .� sr TERMINATION
L15 S 85'35'54" W 25.99 �+°6 eN �� /^��' �� CENTERLINE
L16 S 40'35'54" W 235.99 Gp`����°o°PGQ`� j� �i�\ Ss�, 10' WIDE FOUND
L17 S 49'24'05" E 25.84 oa evo°,,� E: F FOUND EXCLUSIVE CAPPED
L18 S 02'50'20" E 164.95 ��o ,o o°c' j cn \ ���Q A CAPPED WATER LINE IRON ROD
r
L19 N 40'01'28" E 182.89 Gym \�QG �� IRON ROD EASEMENT
CALLED IN 40'01'28" E 1 �F5 LP )? �; E 60'00
FOUND
CAPPED \ PRIVATE STREET L1
IRON ROD /g`� F \ ___ _ — _ _ — — _ o Lt
Z a
LO M W
Cb Q LOT 1 A TAP A� (� POINT OF ' W CL Q
90 P /� �.�P m L5 BEGINNING W° W
A2� \'90 n a CENTERLINE o 0 0 J
Ol �! 9� — — — J F-- — — 414.50 — — —�� 10' WIDE FZ �' Q �
SURVEYOR'S CERTIFICATION: 9 Yj — — — — — — — N 01 (n O
�y L6 EXCLUSIVE o Z
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, .o WATER LINE I�o � m
THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE 9SA�'g ✓ 00 J O
ON THE GROUND UNDER MY SUPERVISION DURING MARCH 2010. �/ Yq�TO Oi�^ EASEMENT Z Q
'9 C'pooFF �lL N 03'08 36 W 644.47
F FOUND 3/4 (CALLED N 03'08'36" W 644.47) COMMENING
O Tv IRON ROD FOUND TX (BASIS OF BEARINGS) POINT
MONUMENT FOUND
't'�•s �� ` 9l CENTERLINE 4550 NORTH MAJOR DRIVE CONCRETE
WALTER J. KSIAZEK ��►•v •
REGISTERED PROFESSIONAL LA URVEYOR NO 5321 •w(%j �' �•t * 10' WIDE EXCLUSIVE MONUMENT
* ••4 '* ���;� ,,; WATER LINE EASEMENT,
J. KSIAZ 5' EACH SIDE OF CENTERLINE
wa�s>CR
l � s - - 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO.
Fittz&Shipman 3
INC. PROJECT NAME: LOT 1A OF REPLAT OF STONELEIGH
COmuftm&WWMQ/d LwdSlawyon CLERKS FILE NO. 2010014601, OPRJ
1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS PROJECT N0.
Q:\PROJECTS\07156\07156-000\TASK 06\7156wtresmt.dwg Aug 11, 2010 02:49pm (409) 832-7238 FAX (409) 832-7303 AUGUST REVI3ED2010 DATE: 7-7-10 07156T06