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HomeMy WebLinkAboutRES 11-213 RESOLUTION NO. 11-213 WHEREAS, the Beaumont Independent School District has agreed to convey four (4)ten (10)foot wide exclusive water line easements, said easements being out of the A. Houston League,Abstract No.33,as described in Exhibits"A,""C,""E,"and"G"and shown on Exhibits"B,""D," "F,"and "H," attached hereto, to the City of Beaumont for the purpose of providing water and fire protection services for Westbrook High School located at 8750 Phelan Boulevard and allowing for the construction,alteration,operation and maintenance of said water lines and appurtenances; and, WHEREAS, the City Council has considered the purpose of said conveyances and is of the opinion that the acceptance of said conveyances are 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 easements conveyed by the Beaumont Independent School District, as described in Exhibits"A,""C,""E," and "G"and shown on Exhibits"B," "D,""F,"and "H," be and the same are hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of August, 2011. (A - r ecky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT,BEAUMONT INDEPENDENT SCHOOL DISTRICT, 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 N01100 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,an easement to use,repair, alter,and maintain a single underground water line and appurtenances on the hereinafter described lands 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. Grantor will have the right to relocate the water line as needed for Grantor's use of the properly provided the relocation is at Grantor's expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled representative. The easement herein granted shall be used for the purpose of operating,repairing, rebuilding,replacing,relocating, and removing a water line as needed for operation of Grantor's facilities on the property. The easement shall be exclusive insofar as use of the easement land for underground utilities is concerned,but Grantor reserves the right to use the surface of the easement land for vehicular parking,driveways, landscaping, fencing, and other surface uses that EXHIBIT"A" will not interfere with or damage the water line. Grantor shall have the right to pave all or any portion of the surface of the easement land,but no permanent structures or buildings will be constructed on the easement land. Grantor will install the water line at a depth that will not be damaged by the contemplated use of the surface by Grantor. It is expressly understood and agreed that the City of Beaumont shall have the right of access to the water line and appurtenances at all reasonable times to improve,maintain and operate the same as permitted by law,and will attempt to use existing driveways and that portion of Grantor's property that is immediately adjacent to the water line.Non-emergency maintenance and repairs will be with 48 hours prior notice to Grantor. Grantor will be responsible for the initial installation or construction of the water line on Grantor's property in accordance with the plans and specifications included in the utility plan at Grantor's expense. After initial construction of the water line and acceptance by Grantee, Grantee will be responsible for maintenance and repair of the water line and appurtenances at Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the water line that will interfere with the use of the Easement for water line purposes. Grantee shall not be responsible for the repair and replacement of any paving or other structures that may be damaged by Grantee's non-negligent maintenance or repair of the water line and appurtenances. 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. BEAUMONT INDEPENDENT SCHOOL DISTRICT By Dr.Carrol Thomas, Superintendent ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT 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 BEAUMONT INDEPENDENT SCHOOL DISTRICT, 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 2011. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P.O.Box 3827 Beaumont,TX 77704 W,4 RTECH "Recognizing the landmarks of the past.....setting our foresight cowards the future" LAND SURVEYORS, INC. Richard L Worthey,RPLS J.L.Sims,Jr.,RPLS EMMIT"A" Pagel of 3 July 12,2011 Surveyor's Field Note Description: 0.264 Acre Exclusive Water Line Easement BEING a 0.264 acre(11518.77 square feet) tract of land (Exclusive City Water Line Easement) out of and a part of that certain South Park ISD called 100.00 acre tract of land, more fully described and recorded in Volume 1492,Page 5 of the Deed Records of Jefferson County,Texas. Said 0.264 acre(11518.77 square feet)tract of land(Exclusive City Water Line Easement)being situated in the A. Huston League, Abstract No. 33, Jefferson County, Texas and being more particularly described as follows: corner of said 100.00 acre tract iron rod found at the Northwest co , COMMENCING at a 3/8 inch r o same being the Northeast corner of that certain Buckner Baptist Benevolences called 29.984 acre tract of land, more fully described and recorded in Volume 1960, Page 26 of said Deed Records and being in the South line of Manion Drive(public right-of-way); Thence South 02 deg.37 min. 00 sec. East along and with the West line of said 100.00 acre tract, same being the East line of said 29.984 acre tract, a distance of 1806.51 feet to a point; Thence North 87 deg.23 min.00 sec. East,a distance of 930.04 feet to a point at the PLACE OF BEGINNING of the herein described tract; THENCE North 01 deg. 58 min. 00 sec. West,a distance of 421.28 feet to a point; THENCE North 44 deg.41 min. 34 sec. East,a distance of 10.33 feet to a point; THENCE North 51 deg. 53 min.09 sec. West,a distance of 17.53 feet to a point; THENCE North 04 deg. 35 min. 38 sec. West,a distance of 40.32 feet to a point; THENCE North 86 deg. 58 min. 57 sec.East,a distance of 10.00 feet to a point; THENCE South 04 deg. 35 min. 38 sec.East,a distance of 35.66 feet to a point; THENCE South 51 deg. 53 min. 09 sec.East, a distance of 14.31 feet to a point; THENCE North 44 deg. 41 min. 34 sec.East, a distance of 55.21 feet to a point; 1480 Cornerstone Court Beaumont,Texas 77706 Tel:409.866.9769 Fax: 409.866.7075 www.wortech.com� � 4/T RTECH LAND SURVEYORS, INC. EXHIBIT"A" Page 2 of 3 0.264 Acre Exclusive City Water Line Easement TTIENCE North 87 deg. 24 min. 24 sec. East, a distance of 509.23 feet to a point for comer in the East line of said South Park ISD called 100.00 acre tract, same being the West line of that certain West Oaks Townhomes,Phase III tract,more fully described and recorded in Volume 17, Page 364 of the Map Records of Jefferson County, Texas, from which the Northeast corner of said South Park ISD called 100.00 acre tract, same being the Northwest corner of said West Oaks Townhomes, Phase III bears North 02 deg. 54 min. 04 sec.West,a distance of 1342.02 feet; THENCE South 02 deg. 54 min. 04 sec. East along and with the East line of said South Park ISD called 100.00 acre tract,same being the West line of said West Oaks Townhomes, Phase III tract and that certain West Oaks Townhomes, Phase I tract, more fully described and recorded in Volume 17,Page 74 of said Map Records,a distance of 10.00 feet to a point; THENCE South 87 deg.24 min.24 sec. West,a distance of 605.37 feet to a point; THENCE South 44 deg.41 min. 34 sec. West, a distance of 67.39 feet to a point; THENCE South 01 deg. 58 min. 00 sec. East,a distance of 417.05 feet to a point; TfIENCE South 88 deg. 31 min. 15 sec. West, a distance of 10.00 feet to the PLACE OF BEGINNING,containing 0.264 acre(11518.77 square feet)of land,more or less. (This description is based upon a survey made on the ground under my direct supervision on July 1, 2008 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the Texas Coordinate System of 1983, ,South Central Zone `4204' (U.S. Survey Foot). All distances and acreages are surface with a combined adjustment factor of 1.00007 applied.) OF ZZ �!� �% TEA�t1 istered Professional lWdgurveyor 4599 �Pf' % s« �.» e '�O S u 4t EXHIBIT "At' PAGE 3 OF 3p y4• EXCLUSIVE CITY WATER LINE EASEMENT L Rpp S02'37%*E 2809.66' w FND518.1.ROD _---------- — 802237VO'E 186681_ _ — ----- �B — wrr;AP•ODs.t62er — gg Erlett,Inc. lid u g 10'wide Gas Pipe"Erie..., a Volume 2266,Page 273 0 LYLA D.R.J.C. 8 v L1 LL5L g O GEXCLUSIVE CITY �► ,�(ZP` > 5O WATER LINE EASEMENT 11518.77 SQ.FT. �' A 0.264 ACRE ° z� o,s'1a� a a � �Fq?6`r_"�ypq.P���SNPC -��Aq�PP� �OR�G. NO2.54104'9V 1342.07 FND 1f2 1 1.ROD a.. W070aaaTMOSM7s rresra Ta�sa� wwe t va.v.mm" rtL YRwJ�Ol7M tt1W,C. ABBREVIATIONS no Pouo a RON SO.". ectreeFIV C.iut am J0""epa°100tlwy BOUNDARY LINE TABLE orJU.a *F,,MPUeucAarnios JEFF01e011cauay NE 8EAltNNG _ DISTANCE 0' tar 2ar Oar no. PLAmo L1 N01'llbb0'w 42124 PM KAaePaote�sto SCALE.1•-200' PM PiACMePe�easxt L2 N44.4194•E 10.93 MAAP. tee► L3 HMO" 17.53 jEff"1110"ookom L4 tm 40.37 Au eeARansAtlaeAesowotfrtuETezAe L5 f4wsrum 10.00 000norwntsrslMetaPna sotmtcr+raeL Le SOMME J!4' VICINITY MAP ZEt44vi0rataatstytyro0rtl' ° 4 17 $61.5308'E 1 14.31' NOT TO SCALE AIM/WWNT P AIR a0F iA R W APACOttMtEO AD1tIBTaAENr PACTaR OP,.e0e77AML1W. L4 N44.4134'E 1 6621' ALL EASEMEWS aNOM i BRM WEA E L4 N!7.24'24'E 844.23' PRynMDeltNillMAW&Ael AWftePM L40 S0216CWE 10.00' Phdan s sy MPOVAM COW"WU OOWWJY IFPSC, °ATI cMewwty a 1001. L11 S4 806.37' L12 544.41-MV 67.34' a rac"oot.OKTwcr L13 301.5800'E 417.06' icale9•y a�eptwwteosf.aeetatoNT.rexAS 77706 L14 8M'31.16 W 10.00 ATTK AOWMTtM 41110Atlttt 40/.817-0017 114l3O3t. TM N1Anp1 arM oWr4erts of WWlTeON land Surreydra,tm ralie0N0 ttereM are prta8epad,tardlOwdNl and ktteMd eON far the uw of the MdlMduoo w eMRy for vdtorrt thN work wvc Preean8. It is udermW*m tha aw of.rallaee on,a reerodwua of snow,M rd,i or M aar6 M other v*kmrt tk ewnm written taneertt of WOti ck tend Surveyor,Ltt.is Pralm"ad wterot"No",oqwW w mquad. WOMOCH Land 9urvoyor,ux.ehe0 be hood hwodaea apeket my darrwos or ea ww"ra$d"trap NKN un"hOrtred use, recap.w repraOuNan..�4a8rt8M 3011.AY d81dx reaoyee. JDs N0: 2011-m1 St1RVEYOR$C3?itTIFICIlT1ON ' T LLL - OF F T!E UNDERGMED DOES HEREBY CERTIFY THAT T143 SURVEY PLAT ACCURATELY REPIRMt TS AN ON THE GROUND SURVEY DATE: 7112 011 A,t 4y {� MADE UNDER-MY DIRECr S MMISION ON JULY 1,8001.AND IS SCALE 1'•109 sW BEING SUMMED AL014 WRH THE 11URVEYOR 3 FOLD NOTE �"('"� DESCRIPTION OF THE PROPERTY SHMM HEREON.WKCH LES M JE"•�► J [� i.d V H r �r r ERSOn cou+TY.TEXAS. '' 459! �. LAND SURVEYORS, INC. *� suit"fP'Lo 11780 Cornasfohe Court "caunumt,'Texaa 77706 7,^.I: 4051.866.9/69 T7e0DOdAtBaNOTVALD Fax:409.866.7U75 ymAOtROw01AN.11iaL AND VgKftYOR wwri.worbadt.com EXHIBIT"B" STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT,BEAUMONT INDEPENDENT SCHOOL DISTRICT, 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 1100 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. 0.Box 3827,Beaumont,Texas 77704,Jefferson County, Texas,its successors and assigns,an easement to use,repair, alter,and maintaila a single underground water line and appurtenances on the hereinafter described lands 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. Grantor will have the right to relocate the water line as needed for Grantor's use of the property provided the relocation is at Grantor's expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled representative. The easement herein granted shall be used for the purpose of operating,repairing, rebuilding,replacing,relocating, and removing a water line as needed for operation of Grantor's facilities on the property.The easement shall be exclusive insofar as use of the easement land for underground utilities is concerned,but Grantor reserves the right to use the surface of the easement land for vehicular parking,driveways, landscaping, fencing, and other surface uses that EXHIBIT"C" will not interfere with or damage the water line. Grantor shall have the right to pave all or any portion of the surface of the easement land,but no permanent structures or buildings will be constructed on the easement land. Grantor will install the water line at a depth that will not be damaged by the contemplated use of the surface by Grantor. It is expressly understood and agreed that the City of Beaumont shall have the right of access to the water line and appurtenances at all reasonable times to improve, maintain and operate the same as permitted by law,and will attempt to use existing driveways and that portion of Grantor's property that is immediately adjacent to the water line.Non-emergency maintenance and repairs will be with 48 hours prior notice to Grantor. Grantor will be responsible for the initial installation or construction of the water line on Grantor's property in accordance with the plans and specifications included in the utility plan at Grantor's expense. After initial construction of the water line and acceptance by Grantee, Grantee will be responsible for maintenance and repair of the water line and appurtenances at Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the water line that will interfere with the use of the Easement for water line purposes. Grantee shall not be responsible for the repair and replacement of any paving or other structures that may be damaged by Grantee's non-negligent maintenance or repair of the water line and appurtenances. 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. BEAUMONT INDEPENDENT SCHOOL DISTRICT BY Dr.Carrot Thomas,Superintendent ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT 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 BEAUMONT INDEPENDENT SCHOOL DISTRICT, 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 2011. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O. Box 3827 Beaumont,TX 77704 WPRTECH "Recognizing the landmarks of the past....settirl our foresight towards Use future" LAND SURVEYORS, INC.V� Richard L.Worthey,RPLS J.L.Sims,Jr.,RPLS EXHIBIT"A" Page 1 of 3 July 11,2011 Surveyor's Field Note Description: 0.192 Acre Exclusive Water Line Easement BEING a 0.192 acre (8346.23 square feet) tract of land (Exclusive City Water Line Easement) out of and a part of that certain South Park ISD called 100.00 acre tract of land, more fully described and recorded in Volume 1492,Page 5 of the Deed Records of Jefferson County,Texas. Said 0.192 acre (8346.23 square feet) tract of land (Exclusive City Water Line Easement) being situated in the A. Huston League, Abstract No. 33, Jefferson County, Texas and being more particularly described as follows: COMMENCING at a 3/8 inch iron rod found at the Northwest corner of said 100.00 acre tract, same being the Northeast corner of that certain Buckner Baptist Benevolences called 29.984 acre tract of land, more fully described and recorded in Volume 1960,Page 26 of said Deed Records and being in the South line of Manion Drive(public right-of-way); Thence South 02 deg. 37 min.00 sec. East along and with the West line of said 100.00 acre tract, t a point; same being he East line of said 29.984 acre tract,a distance of 2289.14 feet o po , g � Thence North 87 deg. 23 min. 00 sec. East, a distance of 198.38 feet to a point at the PLACE OF BEGINNINNG of the herein described tract; THENCE North 87 deg. 31 min. 43 sec. East,a distance of 722.54 feet to a point; THENCE North 02 deg.47 min. 0l sec. West,a distance of 94.21 feet to a point; THENCE North 87 deg. 15 min. 36 sec. East,a distance of 17.85 feet to a point; THENCE South 02 deg.44 min. 24 sec. East,a distance of 10.00 feet to a point; THENCE South 87 deg. 15 min. 36 sec. West,a distance of 7.84 feet to a point; THENCE South 02 deg.47 min. 01 sec.East,a distance of 94.25 feet to a point; 1480 Cornerstone Court Beaumont,Texas 77706 Tel:409.866.9769 Fax: 409.866.7075 www.wortech.com. ,_ / WPj RTECH LAND SURVEYORS, INC. EXHIBIT"A" Page 2 of 3 0.192 Acre Exclusive City Water Line Easement THENCE South 87 deg. 31 min.43 sec. West,a distance of 732.56 feet to a point; THENCE North 02 deg. 39 min. 57 sec. West, a distance of 10.00 feet to the PLACE OF BEGINNING,containing 0.192 acre(8346.23 square feet)of land,more or less. (This description is based upon a survey made on the ground under my direct supervision on July 1, 2008 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the Texas Coordinate System of 1983, South Central Zone '4204' (U.S Survey Foot). All distances and acreages are surface with a combined adjustment factor of 1.00007 applied.) of 2 istered Professional Surveyor L . JR. K#a 4599 g; oft S iJ 1► EXHIBIT "Al' P PAGE 3 OF 3 EXCLUSIVE CITY WATER LINE EASEMENT I.ROD• S02'37WE 2809.66' __ FND 5t8'I.ROD _—__S02'37'0 0'E 2289.14' _ -- WlCAP'DO6.#5291^--- u'1--------- ----- ----------------- —____------ i-r° 10'wide Gas Pipdm Easement ¢ L8 i Vokm 2258,Page 273 D•R.J.C. r oa9z Ac1zE EXCLUSIVE CITY ei WATER LINE EASEMENT 8346.23 SQ.TT. a 0.192 ACRE W as .1po N 0 zt> +m0°p�z vrG S Vo` j oho z L2 Ls NUS�Q,PG�No t i P•P�S'� i ABBREVIATIONS �' I AND FauwD I. W" Sa FT. latom MY Ip I aMaa Alloom Dawn Ff�112' OPAJ.C. OFRdtLPtar'0000" 9• 100' 2lW' 400' I.ROD i0fasowcouer No. maiMEIt SCALE:I.-= . VOC MAMOPOOLM INMIa POO P ACEOraEeMeMts BOUNDARY LINE TABLE ALL awMwoe An SAM LOMTNE TEARS oocaowATBers>meoruawu7naw2B R$8rj5=NBr3lIi DISTANCE NOT ALE z al aor PssaulMrt arr6 lu aMTcAmko 11t3'E 122 NOT TO SCALE AD Ar AMEROF MSl1MTNAoohuMEa — S At7.MrsTaEwr FACTOR OF 1.50007 APIL7FD. 4T91'W 94.21` 35 ALL EASE:f "afovrNS NNf#Owwww NOMW36•E 17.85 � ■ MMM w TlE tmE AMEANL/wT REPMT S02'44 10.00' PhslMn E W.18FFlTleON t)d1aNYTN"E�tNrAN1' 7.84• EFPECTWE DATE FOOK AW*bea. S02'47'Ot'E 9425 INAINArITROG 1 w M SCII00 USTAW LT $8r3vow 732.56' (COMs9M) iT$ AAlWW-MwMAW.TlW 777os LB NO2'39'ST'W 19.00' ATTit 110efatTEMILMANN 0"174017 HOMES The ErsdVog and O MWO M WORT"Umd Surveyors,Inc.maoc Md hMreln m Wk*gg*A,conk*"ad kuraIod arlV ror tta me of am bwmdwd or timy for whom tw work wMM PrMMMnd, Rip undersMassl no the un at,raYna dM or rWodrmtIM of 08m,M V*A%or in(Awl,W ethers V*b"the W*rem wdttm rartemt o(MMETECII turd SarTarm la:.Is PfQhW d reaM whout GPM"Mt W AN slghbn WORT N t@W Ewwymn•Mt.ShO be hold hMMV s OPVW MAY dwMtEm or up&r4w rtAtdtlnD hem such unww riled me, xe m II014.ORt stll EYOR•S GEI?TLFTr�AtION FIELD 800X: 671M7 OR.SY: hAYMs or THE IJr1DERSN?NEO GOES HEREBY CERTIFY THAT THI6 SURVEY F4 w�i's~t.�� PLAT ACCURATELY REPRESENTS AN ON THE GIVX D SURVEY DATE: 7111=11 alp M r 40,E q MADFi lNipHq MY DIRECT SUPERVISION ON JULY 1.2M,AM IS SGy E t'Mg01Y �* d"• BEekd SUEAMTTED ALONG WITH THE SURVEYOR S FELD NOTE DESCRIPTION OP THE PROPERTY BROWN NEREONL WMCH LIES W�RTE/'1� f��• t f• 04 JEFFERSON COUNTY,TEXAS. LAND SURVEYORS, INC. No svlL'4'+o 1480 fOrrTCrStOrtC(:Ours RCau"1Urlt,TCNAC 7770 lol: 4 9,866.9/69 TIES DOWWW"T NOT VNLIO Fax:409,866.7075 vatm farsw LfNSALAID Fr vww.wurt�tAt,tnm 7.....—"----•.••—..�..•••—•••••. EXHIBIT"D" STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT,BEAUMONT INDEPENDENT SCHOOL DISTRICT,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 N01100 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. 0. Box 3827,Beaumont, Texas 77704,Jefferson County, Texas,its successors and assigns,an easement to use,repair, alter,and maintain a single underground water line and appurtenances on the hereinafter described lands 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. Grantor will have the right to relocate the water line as needed for Grantor's use of the property provided the relocation is at Grantor's expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled representative. The easement herein granted shall be used for the purpose of operating,repairing, rebuilding,replacing,relocating, and removing a water line as needed for operation of Grantor's facilities on the property. The easement shall be exclusive insofar as use of the easement land for underground utilities is concerned, but Grantor reserves the right to use the surface of the easement land for vehicular parking,driveways, landscaping, fencing, and other surface uses that EXHIBIT "E" will not interfere with or damage the water line. Grantor shall have the right to pave all or any portion of the surface of the easement land,but no permanent structures or buildings will be constructed on the easement land. Grantor will install the water line at a depth that will not be damaged by the contemplated use of the surface by Grantor. It is expressly understood and agreed that the City of Beaumont shall have the right of access to the water line and appurtenances at all reasonable times to improve,maintain and operate the same as permitted by law, and will attempt to use existing driveways and that portion of Grantor's property that is immediately adjacent to the water line.Non-emergency maintenance and repairs will be with 48 hours prior notice to Grantor. Grantor will be responsible for the initial 'installation or construction of the water line on Grantor's property in accordance with the plans and specifications included in the utility plan at Grantor's expense. After initial construction of the water line and acceptance by Grantee, Grantee will be responsible for maintenance and repair of the water line and appurtenances at Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the water line that will interfere with the use of the Easement for water line purposes. Grantee shall not be responsible for the repair and replacement of any paving or other structures that may be damaged by Grantee's non-negligent maintenance or repair of the water line and appurtenances. 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. BEAUMONT INDEPENDENT SCHOOL DISTRICT By Dr. Carrol Thomas, Superintendent ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT 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 BEAUMONT INDEPENDENT SCHOOL DISTRICT, 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 2011. Notary Public,State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P.O.Box 3827 Beaumont,TX 77704 W,TPRTECH the landmarks of the past.....setting our biesight towards the future" J�^ LAND SURVEYORS, INC. Richard L.worthey,RPLS J.L.Sims,Jr.,RPLS EXHIBIT"A" Page 1 of 3 June 27,2011 Surveyor's Field Note Description:0.118 Acre Exclusive Water Line Easement BEING a 0.118 acre (5154.73 square feet) tract of land (Exclusive City Water Line Easement) out of and a part of that certain South Park ISD called 100.00 acre tract of land, more fully described and recorded in Volume 1492,Page 5 of the Deed Records of Jefferson County,Texas. Said 0.118 acre (5154.73 square feet) tract of land (Exclusive City Water Line Easement) being situated in the A. Huston League, Abstract No. 33, Jefferson County, Texas and being more particularly described as follows: COMMENCING at a 3/8 inch iron rod found at the Northwest corner of said 100.00 acre tract, same being the Northeast corner of that certain Buckner Baptist Benevolences 29.984 acre tract of land, more fully described and recorded in Volume 1960, Page 26 of said Deed Records and being in the South line of Manion Drive(public right-of-way); Thence South 02 deg. 37 min. 00 sec. East along and with the West line of said 100.00 acre tract, same being the East line of said 29.984 acre tract,a distance of 1806.49 feet to a point; Thence North 87 deg. 23 min. 00 sec. East, a distance of 929.05 feet to a point at the PLACE OF BEGINNING of the herein described tract; THENCE North 88 deg.31 min. 15 sec. East,a distance of 13.58 feet to a point; THENCE South 76 deg. 57 min. 18 sec.East,a distance of 100.08 feet to a point; THENCE South 12 deg.21 min. 38 sec. West,a distance of 155.79 feet to a point; THENCE South 02 deg. 38 min.40 sec. East,a distance of 147.23 feet to a point; THENCE South 12 deg.42 min.38 sec. West,a distance of 77.91 feet to a point; THENCE South 87 deg. 15 min. 36 sec.West,a distance of 39.69 feet to a point; THENCE North 02 deg.44 min. 24 sec. West,a distance of 10.00 feet to a point; 1480 Cornerstone Court Beaumont,Texas 77706 Tel.409.866.9769 Fax: 409.866.7075 www.wortech.com / W$PRTECH LAND SURVEYORS, INC. EXHIBIT"A" Page 2 of 3 0.118 Acre Exclusive City Water Line Easement THENCE North 87 deg. 15 min. 36 sec. East,a distance of 32.07 feet to a point; THENCE North 12 deg. 42 min. 38 sec. East,a distance of 68.95 feet to a point; THENCE North 02 deg. 38 min. 40 sec. West,a distance of 147.20 feet to a point; THENCE North 12 deg. 21 min.38 sec. East,a distance of 147.23 feet to a point; THENCE North 76 deg. 57 min. 18 sec. West,a distance of 88.92 feet to a point; THENCE South 88 deg. 31 min. 15 sec. West,a distance of 12.30 feet to a point; THENCE North 01 deg. 28 min. 45 sec. West, a distance of 10.00 feet to the PLACE OF BEGINNING,containing 0.118 acre (5154.73 square feet)of land,more or less. (This description is based upon a survey made on the ground under my direct supervision on July 1, 2008 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the Texas Coordinate System of 1983, ' Foot). All distances and acreages are surface with a South Central Zone 4204 (U.S. Survey ) g combined adjustment factor of 1.00007 applied.) a OF tered Professional L urveyor �sr 4k' ,' * �.+� * • J.L SMAS.JR. < �o�4599 IF,yO..��sLr'�l SUA EXHIBIT f1Alt PAGE 3 OF 3 Toc EXCLUSIVE CITY WATER LINE EASEMENT FND 3B' L ROD S02.37'00"E 2809.66' ---------------- ----- S02'37'—DO*E 1806.49' +� s -- I,- Entexr Inc. +Soc 10' wtfte Coe Pfp Line Easement Yolume 226$, Page 273 L I R D.R.J.C. CY al" xd LU a w E CO y >X.Z Ad II N �,�pnp,Oe�TZ.O� �i4 G►+��,At `OaAC EXCLUSIVE CITY kWATER LINE EASEMENT r 5154.73 SQ.FT. `I 0.1 l8 ACRE LID c 411 LA L3 z Cult states UtRities Company 15' wide U/C Etectf,c Eosement Volume 1810. Page 365 V4 D.R.J.C. 04 IN ABBREVIATIONS D' 5w too' ear FND I fNa FOtaIO I.ROD L aIOM mac. pip BOUNDARY LINL TABLE SCALE:1�,aa RrtaR OIAJG DFFCYLPIMUCIN DOMS LINE 66ARIING DISTANCE AuydYCOIARY L1 N68"31'15'E 13.36' LIL 'uL L2 SMr18"E 106.08' roc KMXOFCOx NCew L3 S,2'21 16678 FOE PLACE OFseceeplO L4 RRM46'E 147.23 ALLeEA4ER16AMOkWUP=YMW-*A LS S,r42'" 77.91'. COORCNM6VSMOFnnSCUTHC MTRAL L8 Sirts38'W 39AW VICINITY MAP mardon 2p!hpOtple pNRRY RDCR1,Ali.OlR,lelf.YCy NOT TO SCALE T71 ACOMEInE 0 L7 N0r4W" 19.00' A1oAaeFweESAREtRSrACEwL ADLUIT1f81T FACTOR OFIAMAPPUED. LB N87'4S36E 32.07' ALL 6ASENEN7e SHMM WAIN WERE L9 N1r�1(!38'E 86.98' R PROVOWIN THE TRLEAM*Ale TREPORT L,0 N62'102— 147.2(r e P1 elan ay AFP NO001nYTRLEOOW EFFECTIVE DATE P®LauaY +t 1%zoos. L11 N12'213rE 14727 sumTrwapmq nm 12 NTQ'Br18"W 8692 (Cob") OEM MT xeO N7rep EP6R 0000L DRRRILTY L L18 @f9'31',6"W 12.90' 33eNAnewN-S AOeRVeT•TEIUe MW L14 NOt'2846W 16.00 ATTM ROMTIZIMOElNNM 4617.601] RDTi<x1 The Oro* ,end op7MarR of WORTECN Land SwYa/ors.Inc MlecUd MnM me a�ogod.�denUP!WA Intended wft for LM u of No kw*fMUN Or WAVY ror WM1 Uds work wu prepped. tt k wLdere6sad tIN e1e yr af,relrr ea.or r616odUC1En a1 epne,In wiRN a>n Pen.M aerre rLRl,o14 e,e express wfRpn warm a WORTECN Und 51owYOrs.xLC.k proWbk"end weaeue wwtb*,eepr're or Ynpeed. WORTECN LOW SawrAw%1„s.EMI be MW IUwmWS epelnst WW dwft"w expphre r UMAD Dan such uaeafhe4lod Use. reeenr a reMedaelML CeMgln SOii.AE h1�Ms raepVed. .LOB NO: 20114" SURVEYORS CERTIFICATION FIELD SOOK: 671!17 DR.BYS MIND 'dK PLAT ACC R'81 ACCURATELY EPR HEREBY CERTIFY THAT GROUND SURVEY 1 �",+, ALAI ACCURATELY REPRESENT8 AN ON THE OROUND SURVEY DATE: .727/2011 q* ! MADE UNDER MY DIRECT SUPERVISION ON JULY 1.2000.AND IS SCALES 1's10V sr OEM SUBUrrTE0 ALONG WITH TFE SURVEYOR'S FIELD NOTE I. DESCPXM l OF 771E PROPERTY 84AW HEREON.VWRCH LIES IN WRTE '�` IEFFERSOM colxm TEXAS. LAND SURVEYORS, INC. hp~* '�'{{� 1480 Crwnerstonc Co1,rt Oeanmanl,Texas 77706 Tel: 409.666.4769 np6OOpyWp Fax:409.866.7075 wITHDYTO1e0eplWILAtO www.worteCh.COM eWIMg6LP.O►e�60NCOt'MY616 EXHIBIT"F" STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT,BEAUMONT INDEPENDENT SCHOOL DISTRICT,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 1100 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,an easement to use,repair,alter,and maintain a single underground water line and appurtenances on the hereinafter described lands 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. Grantor will have the right to relocate the water line as needed for Grantor's use of the property provided the relocation is at Grantor's expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled representative. The easement herein granted shall be used for the purpose of operating,repairing, rebuilding,replacing,relocating, and removing a water line as needed for operation of Grantor's facilities on the property. The easement shall be exclusive insofar as use of the easement land for underground utilities is concerned,but Grantor reserves the right to use the surface of the easement land for vehicular parking, driveways, landscaping, fencing,and other surface uses that EXHIBIT"G" will not interfere with or damage the water line. Grantor shall have the right to pave all or any portion of the surface of the easement land,but no permanent structures or buildings will be constructed on the easement land. Grantor will install the water line at a depth that will not be damaged by the contemplated use of the surface by Grantor. It is expressly understood and agreed that the City of Beaumont shall have the right of access to the water line and appurtenances at all reasonable times to improve,maintain and operate the same as permitted by law, and will attempt to use existing driveways and that portion of Grantor's property that is immediately adjacent to the water line.Non-emergency maintenance and repairs will be with 48 hours prior notice to Grantor. Grantor will be responsible for the initial installation or construction of the water line on Grantor's property in accordance with the plans and specifications included in the utility plan at Grantor's expense. After initial construction of the water line and acceptance by Grantee, Grantee will be responsible for maintenance and repair of the water line and appurtenances at Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the water line that will interfere with the use of the Easement for water line purposes. Grantee shall not be responsible for the repair and replacement of any paving or other structures that may be damaged by Grantee's non-negligent maintenance or repair of the water line and appurtenances. 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. BEAUMONT INDEPENDENT SCHOOL DISTRICT By Dr. Carrol Thomas, Superintendent ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT 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 BEAUMONT INDEPENDENT SCHOOL DISTRICT, 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 2011. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O. Box 3827 Beaumont,TX 77704 W4,�RTECH °Recognizing the tandawks of the past....setting our foresight towards the future" LAND SURVEYORS, INC. Richard L.Worthey,RPLS J.L.Sims,Jr.,RPLS EXHIBIT"A" Page 1 of 2 July 21,2011 Surveyor's Field Note Description:0.030 Acre Exclusive City Water Line Easement BEING a 0.030 acre(1287.47 square feet)tract of land(Exclusive City Water Line Easement)out of and a part of that certain South Park ISD called 100.00 acre tract of land, more fully described and recorded in Volume 1492, Page 5 of the Deed Records of Jefferson County, Texas. Said 0.030 acre (1287.47 square feet)tract of land(Exclusive City Water Line Easement) being situated in the A.Huston League, Abstract No.33,Jefferson County,Texas and being more particularly described as follows: COMMENCING at a 3/8 inch iron rod found at the Northwest corner of said 100.00 acre tract,same being the Northeast corner of that certain:Buckner Baptist Benevolences called 29.984 acre tract of land, more fully described and recorded in Volume 1960, Page 26 of said Deed Records and being in the South line of Manion Drive(public right-of-way); Thence South 02 deg. 37 min. 00 sec. East along and with the West line of said 100.00 acre tract, same being the East line of said 29.984 acre tract,a distance of 1797.87 feet to a point; Thence North 87 deg. 23 min. 00 sec. East, a distance of 165.67 feet to a point at the PLACE OF BEGINNING of the herein described tract; THENCE North 84 deg.46 min.44 sec. East,a distance of 108.48 feet to a point; THENCE South 01 deg. 58 min.35 sec.East,a distance of 30.36 feet to a point; THENCE South 88 deg.01 min.25 sec.West,a distance of 10.00 feet to a point; THENCE North 01 deg. 58 min.35 sec. West,a distance of 19.78 feet to a point; THENCE South 84 deg.46 min.44 sec. West,a distance of 98.88 feet to a point; THENCE North 00 deg. 22 min.50 sec. East, a distance of 10.05 feet to the PLACE OF BEGINNING, containing 0.030 acre(1287.47 square feet)of land,more or less. (This description is based upon a survey made on the ground under my direct supervision on July 1, 2008 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the Texas Coordinate System of 1983,South Central Zone '4204'(U.S. Survey Foot). All distances and acreages are surface with a combined adjustment factor of 1.00407 applied) QF stered Professional Land 39rveyor J.L SIVS, 1 4599 +�1 s u i y�`�o 1480 Cornerstone Court Beaumont,Texas 77706 Te4: 409.866.9769 Fax: 409.8 k.7075 www.wortech.com EXHIBIT "A" Poc FND SW 1.ROD PAGE 2 OF 2 FND 3W wrqp STAMPED EXCLUSIVE CITY WATER LINE EASEMENT 1.ROD "DD5.#5291 S02°37'00"E 2809.66' S02°37'00"E 1797.8T _`_ >e I Entex. Inc. 10 / ' wide Gas Pipeline Easement Volume 2258. Page 2730 D.R.J.C. II S LU N � d a0 /Y Z W V O ati w vS�oG�NQ' 0� I I ° z EXCLUSIVE CITYt z Q WATER LINE EASEMENJL4 o + 1287.47 SQ.FT.0.030 ACRE cIA o,a+� pr M L2 I FND tX L ROD ABBREVIATIONS i FND FOUND L NON 80.Ft SOUR E FEET 1'11 DJLJ.C. �AEaDRD$ JlreaDNCauNIT o 2S S9' too' OPRAC. OFFxTAEFUSWl e JVFfOWNCOUPOY N& NUIN8B1 SCALE.11*w POC FLACEOF CO MPKM POS PLACE OF 8Ee8baNO ALL 8EARINGSAPE SA EO UPON THE TEXAS coamommsrsIEMaF 1w,soum CENTRAL VICINITY-MAP mNE Vmrpn wooer POOq:,�u.01STANCES BOUNDARY LAVE TABLE NOT TO SCALE AKJ7YC8EAfRlSMEBIMP N9'fHACOMINNED AOJU8111ENTFACTOR OF 1J18887 APPLIED. LINE SEAR1110 DISTANCE ALLEABfNEN MOMHSE VMM Lt N54.4t'44"E 110B.4B' (yM FROOMIMTFETMANDEABE Off FEPORT L2 S9 9;� � ON JEFFE180N COLM"TITLECONPANT EFFECTWE DATE FESNUAM'tt TON. t.3 855'li1"ZS'YV 10.00' l4 N01'51Y96'VY 19 REAAUMOUTT lI l/IT SCHOOL DRITRICT L5 SO4 W44-W US. ( ) >TN•NAF8i80N-EEAMAONT,TE%A8 71/D8 LS t 'Z2'S0'E 10Ab` ATTAR RO ERT)7 ORAV AN- 40MY4017 NOTiCE1 The RnAnOanW oONNs.Nar 1YORTEdi LO+d svwyas.[nc.raRMOt firMn sFrpMAg.e..aNreantru 0d Intended aaM For D1a um of tl1s MAllsld101 or a1tM for whom U1k vrork was peFArad. R N UndoSU ai I Oft IM=or,rW01eti 0n,orlgraWCtlNrat sama.M w10k ar 180014 bF odms"Mwul00 OWM WKW W"t OFwORTECH LWNI Suev"=,In4 IS pnoNlbRatl 0W Wwmo.mromy, or ImpYeE. WORiBCW tsrd SurveYOrs.Mc.snM be aAM my doss mg~any damn or UpWom.MUldnD hom such UnaWWU@A use, rN1AAU or nA .t:OOPITM 261L.AT 00ft mbwvo& JOB NO: 201'14ft 8LN2VEYOR'S CERTiFNCATiON FIELD BOON: 811HT DRAW MWG: ,� Of . THE�DDOES HEREBY CERTIFY THAT THIS SURVEY GATE: 712172011 �! PLAT ACCURATELY REPRESENTS AN ON THE GROUND SURVEY �. MADE IMROER..MY IIBt&CT 81H+1RV84bW ON JULY 1,2000.AND RN SCALE; Y�ai$'. LNG St1BMSIM ALONG MKTH THE SURVEYOR'S FIELD NOTE /✓j ,j1 4 1 - DESCRIPTION OF THE PROPERTY SHOMM HEREON,WHICH LIES IN r C H A* 0 JEFFERSON COUNTY.TEXAS. rte' ~,�e BJ�.1 LAND SURVEYORS, INC. � -s%''"{° [Arilc_,mer;tnnrcouft sVR Rt:aumont Trxa;;770fi + I gi: aU 3 5c,,,.:�7Ga TtIN DOgR191TN0T 171d;p IYOIR lax:409 7075 1MINOUFORNMAI Sw AND waw.veDrtt[h.cum 81 EXHIBIT"H"