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HomeMy WebLinkAboutRES 11-193 RESOLUTION NO. 11-193 WHEREAS, Nayfro Partners, Ltd. has offered to convey a ten foot(10')wide water line easement, said easement being 0.094 acres out of Lot 29, J.W. Survey,Abstract No. 7 located at 3415 West Cardinal Drive, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, to the City of Beaumont for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or removing water lines and appurtenances to the construction of a facility located at 3415 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 statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the easement conveyed by Nayfro Partners, 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 12th day of July, 2011. � A - MAibr Becky Ames - F JlllV`' STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT,NAYFO PARTNERS,LTD,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 waterlines 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 Exhibit "A",attached 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 Iaw. EXHIBIT "A" 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 , 2011. GRANTOR: NAYFO PARTNERS, LTD By: Printed Name: Title: ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared as of NAYFO PARTNERS, LTD, known to me to be 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 day of ,2011. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy- Engineering P.O. Box 3827 Beaumont,TX 77704 EXHIBIT"A" METES AND BOUNDS DESCRIPTION OF A 10 FEET WIDE TRACT OF LAND FOR WATERLINE EASEMENT PURPOSES SITUATED IN THE J.W.BULLOCK SURVEY,ABSTRACT NO.7,BEAUMONT, JEFFERSON COUNTY,TEXAS Being a 10 feet wide tract or parcel of land for waterline easement purposes out of Lot 29 of the M.C. Cartwright Subdivision as recorded in Volume 4, Page 194 of the Map or Plat Records, County Clerk's Office,Jefferson County,Texas, as situated in the J.W. Bullock Survey,Abstract No. 7,Jefferson County, Texas, said 10 feet wide tract also being a portion of that certain tract of land (called 8.482 acres) as conveyed by deed dated October 17, 2005 from E.G. Cordts, Jr. to NAYFO Partners, Ltd., recorded in Clerk's File No. 2005037996 of the Official Public Records or Real Property of said County and a portion of that certain tract of land(called 9.250 acres) as conveyed by deed dated May 11,2007 from E.G. Cordts, Jr. to NAYFO Partners, Ltd., recorded in Clerk's File No. 2007019063 of said Official Public Records and being more particularly described by metes and bound as follows; FOR LOCATIVE PURPOSES, commence at a V2" steel rod with cap marked BLINE found located on the Southerly line of U.S. Highway No. 69, 96 and 287 (a.k.a. West Cardinal Drive) marking the Northwest corner of said 9.250 acre tract and the Northeast corner of said 8.482 acre tract, this point also marks the Northeast comer of an existing 10' waterline easement as recorded in Clerk's File No. 2006028350 of said Official Public Records,said commencing point having a Texas State Plane Coordinate Value of North 13,957,743.58 and East 3,512,417.56; THENCE South 03 deg. 05 min. 59 sec. East(South 00 deg. 13 min. 28 sec. West-deed) along the common line of said 9.250 and 8.482 acre tracts and East line of said existing 10 feet wide easement a distance of 363.69 feet to a point marking the Southeast comer of said existing easement and the Northeast comer and POINT OF BEGINNING of the herein described tract of land, said beginning point having a Texas State Plane Coordinate Value of North 13,957,380.45 and East 3,512,437.22; THENCE South 03 deg. 05 min. 59 sec. East continuing along said common line with the upper East line of this tract a distance of 110.08 feet to a point marking and"Ell"corner of the herein described tract of land; THENCE North 86 deg. 54 min. 01 sec. East along the lower North line of this tract, over and across said 9.250 acre tract a distance of 288.12 feet to a point located on the East line of said 9.250 acre tract and West line of that certain tract of land (called 8.541 acres) as conveyed by deed dated August 14, 2007 from E.G. Cordts, Jr. to Lomad, L.P., recorded in Clerk's File No. 2007034376 of said Official Public Records, this point also marks the lower Northeast corner of the herein described tract of land and the Southeast corner of an existing 10 feet wide waterline Page 1 of 3 Z:%A&G SURMINOVAMS k BOUNDS1201 hGOS•610.doc EXHIBIT"A" easement as recorded in Clerk's File no. 2007047827, same point also marks the Southwest corner of an existing 10' feet wide waterline easement as recorded in Clerk's File No. 2008001203 of said Official Public Records; THENCE South 03 deg. 05 min. 59 sec. East(South 00 deg. 13 min. 28 sec. West-deed) along the common line of said 9.250 and 8.541 acre tracts with 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 86 deg. 54 min. 01 sec. West along the South line of this tract,over and across said 9.250 acre tract, passing at a distance of 288.12 feet the common line of said 9.250 and 8.482 acre tracts and continuing for a total distance of 298.12 feet to a point marking the Southwest corner of the herein described tract of land; THENCE North 03 deg. 05 min. 59 sec. West along the West line of this tract a distance of 120.08 feet to a point marking the Northwest corner of the herein described tract of land, same point marks the Southwest corner of said existing 10 feet wide easement recorded in Clerk's File No. 2006028350; THENCE North 86 deg. 42 min. 13 sec. East along the South line of said 10 feet wide existing easement with the upper North line of this tract a distance of 10.00 feet to the upper Northeast corner and POINT OF BEGINNING and containing in area 4,082 square feet or 0.094 acres of land,more or less. Surveyed: June,2011 Cp�E OF T .101 Af............................ ES �rOQ- SURV c� Jo . (Bob)Hodges R.P. .S.#4583 617-7111 Notes: Bearings, distances and coordinates referenced to the Texas State Plane Coordinate System, South Central Zone,NAD 83. An Exhibit of even date is being submitted with and being made a part of this Metes and Bounds Description. Page 2 of 3 z:1A&40 SUILWYMONEM&BOUMS14A11M"JOACC EXHIBIT "A" swN s T. 85t Rg 4 tb 21w� PROPOSED FNd. 1/2- S.R. �I (S r3'�,'Z� � � EASEMENT W/CAP MKD. BLINE S N. 13 95T 743,58 7g ,�•�p 01). LWA CANAL. fLOREgA AVf. E. 3,512,41 .56 103 VICINITY MA N.T.S. S 77'18'36" E 24.91' (S 7359'09` E--DEED) FND. (S 1/2 S ?>4 s?'30. S.R. B`S'30 80`pS�l+,�' EXISTING WATERLINE ESMT. .. CF02006028350 O.P.R.J.C. 2>� td ?3• E.O.CORM,JR. �' E.Q CORDTS.JR. W TO�p� M NAYFO PARYNE'FtS,LTD. NAYFO PAR RS,M. W I ^-,,�W1ggit�,�w,���,p.,� I m 3 E.Q COWM..R. 10/17! 006 (CAVED IUM �,R ES) Ina 7O (CAUAD ACRES) ' I c CPI ta0b9 h LOMAD,L.P. t.F�lq501Ylio6 O.P.R.J.C. o &34FA G7 O,P.R,J.C. ( N (C&M a.841 ACRES) N W4rlr E 10.00` LOT _82 6 _ _( T O.P.RJ.C. 00pos LOT &Q) N. 13,957,380.45 EXISTING WATERLINE ESMT. JU E. 3,512,437-77 CF#2007047827 O.P.R.J.C. 3 PFWPCMD 1117 VATERLNE®err. 4,OK811 Fr. I EXISTING WATERLINE ESMT. �- 0AN AGES CFJ2008001203 O.P.R.J.C. N W85491'E 29.12 .: o"9 ; ..•: ::::: S 0151110 100. t M.C. CARTW Ri043KT SfL SIDUV0EE ON 4.:e 0f P " S�' VOL. 4, PM. 104 M-R- D.C. FLOOD T fi ZONE: C ' FIRM: 480119 0245 8 J.W. (93tl LL®CK SURVLEV. �.. DATED: 6/15/1983 p[��' °. (u�w, `7 0 .. NOTES: <9•�4583 P� BEARINGS REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. GRID SCALE FACTOR: 0.999938445 EXHIBIT SHOWING PAGE A PROPOSED 1 U WATERUNE EASEMENT OUT OF LOT 29, IN THE M.C. CARTWRIGHT SUBDIVISION GATSS SITUATED IN THE J.W.BULLOCK SURVEY,ABSTRACT No.7 OF AiIGRiNaAVZ . 3415 W.CARDINAL DRIVE OF BEAUMONT,JEFFERSON COUNTY,TEXAS "vt p 7�01t.�etwl'�W in i TEXAS REGISTERED ENGINEERING FIRM F-30 DATE: JUNE,2011 SCALE: V-100' DRAWN: TMR TEXAS LICENSED SURVEYING FIRM 100142-00 PROD. No.: GOS-010 VERSION: AUTOCAD 2011 CHECKED: JRH EXHIBIT "B" 16APCS 2011026466 STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT,NAYFO PARTNERS, LTD,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 waterlines 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 Exhibit "A", attached 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. 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 _,2011. GRANTOR: NAYFO PARTNERS, LTD By: Printed Name: . � ►/ ��, Title: P[ ► - ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared WOM& E. Ni44 4 6r. as i , of NAYFO PARTNERS, LTD, known to me to be 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 j-Z'-day of&64, 2011. III I WIN KAREN FABRE BABN"UX ; Ne:ory Public.State of Texas . nny Commission Expires May 08,201$ Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O.Box 3827 Beaumont,TX 77704 EXHIBIT "A" METES AND BOUNDS DESCRIPTION OF A 10 FEET WIDE TRACT OF LAND FOR WATERLINE EASEMENT PURPOSES SITUATED IN THE J.W.BULLOCK SURVEY,ABSTRACT NO. 7,BEAUMONT, JEFFERSON COUNTY,TEXAS Being a 10 feet wide tract or parcel of land for waterline easement purposes out of Lot 29 of the M.C. Cartwright Subdivision as recorded in Volume 4, Page 194 of the Map or Plat Records, County Clerk's Office, Jefferson County, Texas, as situated in the J.W. Bullock Survey,Abstract No. 7, Jefferson County, Texas, said 10 feet wide tract also being a portion of that certain tract of land (called 8.482 acres) as conveyed by deed dated October 17, 2005 from E.G. Cordts, Jr. to NAYFO Partners, Ltd., recorded in Clerk's File No. 2005037996 of the Official Public Records or Real Property of said County and a portion of that certain tract of land (called 9.250 acres) as conveyed by deed dated May 11, 2007 from E.G. Cordts, Jr. to NAYFO Partners, Ltd., recorded in Clerk's File No. 2007019063 of said Official Public Records and being more particularly described by metes and bound as follows; FOR LOCATIVE PURPOSES, commence at a %2" steel rod with cap marked BLINE found located on the Southerly line of U.S. Highway No. 69, 96 and 287 (a.k.a. West Cardinal Drive) marking the Northwest comer of said 9.250 acre tract and the Northeast corner of said 8.482 acre tract, this point also marks the Northeast corner of an existing 10' waterline easement as recorded in Clerk's File No. 2006028350 of said Official Public Records, said commencing point having a Texas State Plane Coordinate Value of North 13,957,743.58 and East 3,512,417.56; THENCE South 03 deg. 05 min. 59 sec. East (South 00 deg. 13 min. 28 sec. West-deed) along the common line of said 9.250 and 8.482 acre tracts and East line of said existing 10 feet wide easement a distance of 363.69 feet to a point marking the Southeast corner of said existing easement and the Northeast comer and POINT OF BEGINNING of the herein described tract of land, said beginning point having a Texas State Plane Coordinate Value of North 13,957,380.45 and East 3,512,437.22; THENCE South 03 deg. 05 min. 59 sec. East continuing along said common line with the upper East line of this tract a distance of 110.08 feet to a point marking and "Ell" corner of the herein described tract of land; THENCE North 86 deg. 54 min. 01 sec. East along the lower North line of this tract, over and across said 9.250 acre tract a distance of 288.12 feet to a point located on the East line of said 9.250 acre tract and West line of that certain tract of land (called 8.541 acres) as conveyed by deed dated August 14, 2007 from E.G. Cordts, Jr. to Lomad, L.P., recorded in Clerk's File No. 2007034376 of said Official Public Records, this point also marks the lower Northeast corner of the herein described tract of land and the Southeast corner of an existing 10 feet wide waterline Page 1 of 3 ZAA&G SURVEYING\N ETES&BOUNDS\2011\GOS-010.doc EXHIBIt"A" easement as recorded in Clerk's File no. 2007047827, same point also marks the Southwest corner of an existing 10' feet wide waterline easement as recorded in Clerk's File No. 2008001203 of said Official Public Records; THENCE South 03 deg. 05 min. 59 sec. East (South 00 deg. 13 min. 28 sec. West-deed) along the common line of said 9.250 and 8.541 acre tracts with 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 86 deg. 54 min. 01 sec. West along the South line of this tract, over and across said 9.250 acre tract, passing at a distance of 288.12 feet the common line of said 9.250 and 8.482 acre tracts and continuing for a total distance of 298.12 feet to a point marking the Southwest corner of the herein described tract of land; THENCE North 03 deg. 05 min. 59 sec. West along the West line of this tract a distance of 120.08 feet to a point marking the Northwest comer of the herein described tract of land, same point marks the Southwest comer of said existing 10 feet wide easement recorded in Clerk's File No. 2006028350; THENCE North 86 deg. 42 min. 13 sec. East along the South line of said 10 feet wide existing easement with the upper North line of this tract a distance of 10.00 feet to the upper Northeast comer and POINT OF BEGINNING and containing in area 4,082 square feet or 0.094 acres of land, more or less. Surveyed; June, 2011 O F9 ..:..Q;. JOHN R. Bj F. : ...... ..... :-a 9yasllR Jo (Bob)Hodges RP. .S.W5 83 617-7111 Notes: Bearings, distances and coordinates referenced to the Texas State Plane Coordinate System, South Central Zone,NAD 83. An Exhibit of even date is being submitted with and being made a part of this Metes and Bounds Description. Page 2 of 3 ZAA&G SURVEYINGIMETES&BOUNDS\20111GOS-010.doc EXHIBIT "A" SAW . 9 S 7p ro }:2� C '�/ VV 39i Fpc30 �ROIy V + , '�7 2� . FND. 1/2- S.R. Pay (S 73• � 1 4' -9 EASEMENT W/CAP MKD. BLINE S 7B. ? C �q',AVE. N. 13 957 743.58 38' �'� MA cnxu E. ,512,417.56 I £ ` p3 � VICINITY MAP N.T.S. S 77'18.36' E 24.91' (S 73'59'09' E-DEED) FND. (S 6 EXISTING WATERLINE ESMT. CF#2006028350 O.P.R.J.C. cli N I E.Q J CM18, t ( A to E.Q COADI JFL W Tn -to TO NAYPo PIhRmRB,LTD. ( NAYPO PAMRB,LTD. w lmw .- 10M?iE10f18 8M I CA 3 h a CoRam it C-mmmimom �°�N UNW.LP. CI 88 Cos O.P.R.J.C. d14MW O.P.RAC. I I N (CAl M 8.01 ) En CF 10lvuwru N 88.42 VO E 10.W 0_®V 2 6 _ _I v _ OP.R.J.C. ON=— LOT X26 N. 13,957,380.45 EXISTING WATERLINE ESMT. E. 3,512,4 .22 `•,W I CF#2007047827 O.P.R.J.C. r" 4,OM'ft FT. ( EXISTING WATERLINE ESMT. �' OA04AR;l�iB CF#2008001203 :: dp O.P.R.J.C. N ed'Q4 O E 818.12' z 8 08.06+'88"E 40A0' 8 8d'84901'W 288.12' OF VOL. 4, P(M. b24 nM.R.J.C. P�6isrFT FLOOD ZONE: C FIRM: 480119 0245 B AW. BULLOCK SURMIEV, DATED: 6/15/1983 ABS T. b®. 17 ` ...... •• NOTES: <,9.90�4583 BEARINGS REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83. GRID SCALE FACTOR: 0.999938445 EXHIBIT SHOWING PAGE A PROPOSED 10,WATERLINE EASEMENT OUT OF LOT 29, ^ IN THE M.C. CARTWRIGHT SUBDIVISION 3 . All 4110m SITUATED IN THE J.W. BULLOCK SURVEY,ABSTRACT No.7 OF A> N1Z 3415 W.CARDINAL DRIVE BEAUMONT,JEFFERSON COUNTY,TEXAS .u « ,� TEXAS REGISTERED ENGINEERING FIRM F-30 DATE: JUNE,2011 SCALE: 1"=100 DRAWN: TMR TEXAS LICENSED SURVEYING FIRM 100142-00 PROJ. No.: GOS-010 VERSION: AUTOCAD 2011 1 CHECKED: JRH