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HomeMy WebLinkAboutRES 11-255 RESOLUTION NO. 11-255 WHEREAS, Stoneleigh Homsar Apartments, Ltd. has requested that the City of Beaumont grant a License to Encroach into one (1) utility easement at 4550 N. Major Drive, which is described as being Lot 1 A, Block 1 of the Replat of Stoneleigh, to the City of Beaumont. The encroachment being an existing residential dwelling overlapping 6"into the 10' easement, as described in Exhibit "A" and shown in Exhibit "B," attached hereto and made a part hereof for all purposes; WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; 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 City Manager be and he is hereby authorized to execute a License to Encroach to Stoneleigh Homsar Apartments, Ltd.to encroach into one(1)utility easement at 4550 N. Major Drive, which is described as being out of Lot 1 A, Block 1 of the Replat of Stoneleigh, to the City of Beaumont. The encroachment being an existing residential dwelling overlapping 6" into the 10' easement, as described in Exhibit "A" and shown in Exhibit"B," attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred Dollars ($500.00)for the License to Encroach. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of September, 2011. r11M- - M y r Becky Ames - s Fittz&Shipman INC. Consulting Engineers and Land Stnwyora EXHIBIT"A",PAGE 1 OF 9 FIELD NOTE DESCRIPTION Ronald D.G.Sh P.E., ,Chai R.P.L.S.(1948-1987)n of Board Terry G.Shipman,Chairman of OF A Billy J.Smith,Jr.,President Donald Fs R.Kies,P.E. 0.82 SQUARE FOOT TRACT Mlahelie algout,P.E.' ; FORA Waker).Ksiazek,R.P.LS. WATER LINE EASEMENT ENCROACHMENT OUT OF THE W.B. DYCHES SURVEY,ABSTRACT 17 ' JEFFERSON COUNTY,TEXAS SEPTEMBER 1,2011 TRACT A That certain 0.82 square foot tract out of the W. B. Dyches Survey, Abstract 17, Jefferson County,Texas, and being out of Lot 1 of Stoneleigh, a plat recorded in Clerks File No. 2009041886 of the Official Public Records of Real Property of Jefferson County,Texas, said 0.82 square foot tract being more particularly described by metes and bounds as follows: _ Note: The Basis of Bearings is the east right-of-way line of North Major Drive and a west line of i said Lot 1 having been called South 06 029'05"East 306.95 feet. COMMENCING at a TxDot monument found at the intersection of the east right-of-way of North Major Drive and the southeasterly right-of-way line of Old Major Drive for the northwest corner of said Lot 1 from which a TxDot monument found in the said east right-of-way line of North i Major Drive for an angle point of said Lot 1 bears South 06"29'05" East 306.97 feet(called South 06°29'05" East 306.95 feet); THENCE South 86°09'08" East a distance of 23.35 feet to a point at the intersection of the east line of a 23'wide utility easement recorded in Volume 1793, Page 223 of the Deed Records of Jefferson County, Texas and the southeasterly line of a 10'wide utility easement recorded in Volume 1776, Page 306 of the Deed Records of Jefferson County,Texas; THENCE North 37°49'48" East along the said southeasterly line of a 10'wide utility easement a distance of 61.92 feet to a point for the south corner of the said 0.82 square foot tract and the POINT OF BEGINNING; THENCE North 52°10'12"West along the southwesterly line of the said 0.82 square foot tract a distance of 0.35 feet to a point for the west comer of the said 0.82 square foot tract; THENCE North 37 049'48" East along the northwesterly line of the said 0.82 square foot tract a distance of 2.35 feet to a point for the north comer of the said 0.82 square foot tract; THENCE South 52°10'12" East along the northeasterly line of the said 0.82 square foot tract a distance of 0.35 feet to a point for the east comer of the said 0.82 square foot tract; RITZ&SHIPMAN,INC. Page 1 of 2 Project No.07156ENCR(TR.A) Plat&Description 1405 Comerstone 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" f i EXHIBIT"A",PAGE 2 OF 9 THENCE South 37°49'48'West along the southeasterly line of the said 0.82 square foot tract a distance of 2.35 feet to the POINT OF BEGINNING and containing 0.82 square foot of land, more or less. j This Field Note Description is based on a land title survey performed by Fittz&Shipman, Inc. i during June 2011. Waiter J. Ksiazek t� F O Registered Profession Land S eyor No. 5321 e6*0'P O � WALTER J. Ks� r`A2:i F .4 �oaos•°�4` N tuft!r4 I i FIT77&SHIPMAN,INC. Page 2 of 2 Project No.07156ENCR(TR.A) Plat&Description Finz&Shipman INC. Consulttq Englwm and Land Stuveyors EXHIBIT"A",PAGE 3 OF 9 Ronald D.Fittz,P.E.,RP.LS.(1948-1987) FIELD NOTE DESCRIPTION Terry G.Shipman,Chairman of Board ! OF A Billy J.Smith,Jr.,President 0.82 SQUARE FOOT TRACT Donald F King,P.E. Mfd>eile Faigsut,P.E. FORA waiter),Ksiazek,R.P.LS. WATER LINE EASEMENT ENCROACHMENT OUT OF THE W.B.DYCHES SURVEY,ABSTRACT 17 JEFFERSON COUNTY,TEXAS SEPTEMBER 1,2011 TRACT B That certain 0.82 square foot tract out of the W. B. Dyches Survey,Abstract 17, Jefferson County,Texas, and being out of Lot 1 of Stoneleigh, a plat recorded In Clerks File No. 2009041886 of the Official Public Records of Real Property of Jefferson County, Texas, said 0.82 square foot tract being more particularly described by metes and bounds as follows: _ Note:The Basis of Bearings is the east right-of-way line of North Major Drive and a west line of said Lot 1 having been called South 06°29'05'East 306.95 feet. COMMENCING at a TxDot monument found at the intersection of the east right-of-way of North Major Drive and the southeasterly right-of-way line of Old Major Drive for the northwest comer of said Lot 1 from which a TxDot monument found in the said east right-of-way line of North Major Drive for an angle point of said Lot 1 bears South 06°29'05'East 306.97 feet(called South 06°29'05" East 306.95 feet); THENCE South 86 009'08"East a distance of 23.35 feet to a point at the intersection of the east line of a 23'wide utility easement recorded in Volume 1793, Page 223 of the Deed Records of Jefferson County, Texas and the southeasterly line of a 10'wide utility easement recorded in Volume 1776, Page 306 of the Deed Records of Jefferson County,Texas; THENCE North 37 04948" East along the said southeasterly line of a 10'wide utility easement a distance of 71.38 feet to a point for the south comer of the said 0.82 square foot tract and the POINT OF BEGINNING; ; THENCE North 52 010'12"West along the southwesterly line of the said 0.82 square foot tract a distance of 0.35 feet to a point for the west comer of the said 0.82 square foot tract; THENCE North 37°49'48" East along the northwesterly line of the said 0.82 square foot tract a distance of 2.35 feet to a point for the north corner of the said 0.82 square foot tract; THENCE South 52°10'12" East along the northeasterly line of the said 0.82 square foot tract a distance of 0.35 feet to a point for the east corner of the said 0.82 square foot tract; RIM&SHIPMAN,INC. Page 1 of 2 Project No.07156ENCR(TR.B) 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 t 4 EXHIBIT"A",PAGE 4 OF 9 i THENCE South 37°49'48"West along the southeasterly line of the said 0.82 square foot tract a distance of 2.35 feet to the POINT OF BEGINNING and containing 0.82 square foot of land, more or less. 3 This Field Note Description is based on a land title survey performed by Fitlz&Shipman, Inc. f during June 2011. Waiter J. Ksiazek F .,\ Registered Professional Land Surveyor No. 5321 (W;ALTrEFI . FCr.,1,%-Iat ..a i F17TZ&SHIPMAN,INC. Page 2 of 2 Project No.07156ENCR(TR.B) Plat&Description t i { Fitz&Shipman INC. Consulting Eggiwers and Land Surveyors i EXHIBIT"A",PAGE 5 OF 9 FIELD NOTE DESCRIPTION Ronald D.F.s P.E., ,P.L.S.(194f Board Terry G.shiptr+ar►,Chairman of Board OF A Billy I.smith,lr.,President i 0.82 SQUARE FOOT TRACT °°"ale F 10%P.E. Mkhel Fa18OU4 P.E. FORA Walterl.Ksrazek,R.P.L.S. WATER LINE EASEMENT ENCROACHMENT OUT OF THE I W.B. DYCHES SURVEY,ABSTRACT 17 JEFFERSON COUNTY,TEXAS SEPTEMBER 1,2011 TRACT C ` r That certain 0.82 square foot tract out of the W. B. Dyches Survey,Abstract 17,Jefferson County,Texas, and being out of Lot 1 of Stoneleigh, a plat recorded in Clerks File No. 2009041886 of the Official Public Records of Real Property of Jefferson County,Texas, said l 0.82 square foot tract being more particularly described by metes and bounds as follows: f Note:The Basis of Bearings is the east right-of-way line of North Major Drive and a west line of said Lot 1 having been called South 06 029'05" East 306.95 feet. COMMENCING at a TxDot monument found at the intersection of the east right-of-way of North Major Drive and the southeasterly right-of-way line of Old Major Drive for the northwest comer i of said Lot 1 from which a TxDot monument found in the said east right-of-way line of North Major Drive for an angle point of said Lot 1 bears South 06 029'05' East 306.97 feet(called South 06°29'05"East 306.95 feet); THENCE South 86°09'08° East a distance of 23.35 feet to a point at the intersection of the east line of a 23'wide utility easement recorded in Volume 1793, Page 223 of the Deed Records of I Jefferson County,Texas and the southeasterly line of a 10'wide utility easement recorded in Volume 1776, Page 306 of the Deed Records of Jefferson County, Texas; I THENCE North 37°49'48" East along the said southeasterly line of a 10'wide utility easement a distance of 101.30 feet to a point for the south corner of the said 0.82 square foot tract and the POINT OF BEGINNING; THENCE North 52 01012"West along the southwesterly line of the said 0.82 square foot tract a ! distance of 0.35 feet to a point for the west comer of the said 0.82 square foot tract; THENCE North 37°49'48"East along the northwesterly line of the said 0.82 square foot tract a distance of 2.35 feet to a point for the north comer of the said 0.82 square foot tract; THENCE South 52 01012' East along the northeasterly line of the said 0.82 square foot tract a distance of 0.35 feet to a point for the east comer of the said 0.82 square foot tract; FITTZ&SHIPMAN,INC. Page 1 of 2 Project No.07156ENCR(TR.C) Plat&Description 1405 Cornerstone Court•Beaumont,Texas 77706 • (409)832-7238•fax(409)832-7303 Tx Board of Prof Engineers firm No.1160 a Tx Board of Prof Land Surveyors Firm No. 100186 i EXHIBIT"A",PAGE 6 OF 9 THENCE South 37'49'48"West along the southeasterly tine of the said 0.82 sq uare foot tract a distance of 2.35 feet to the POINT OF BEGINNING and containing 0.82 square foot of land, more or less. This Field Note Description is based on a land title survey performed by Fittz&Shipman, Inc. during June 2011. Waiter J. Kslazek Registered Professional Land Surveyo No. 5321 V'ALTa.R J. KSIAZF.k f��o FSS3� •� i �11�: {Pf�V�4� i FITTZ A SHIPMAN,INC. Page 2 of 2 Project No.07156ENCR{TR.Q Plat&Description INC. EXHIBIT"A",PAGE 7 OF 9 Consulting Engvieers and Land Surveyors i � FIELD NOTE DESCRIPTION Ronald D.Rttz,P.E,,R.P.LS.(1948.1987) Terry G.Shiprna+n,Chairman of Board ! OF A Biddy J.Smith,Jr.,President 0.82 SQUARE FOOT TRACT Donald R.10n&RE FORA Michelle Faigout,P.E. Wafter J.Ksiazek,R.P.LS, WATER LINE EASEMENT ENCROACHMENT OUT OF THE W.B.DYCHES SURVEY,ABSTRACT 17 JEFFERSON COUNTY,TEXAS SEPTEMBER 1,2011 TRACT D i That certain 0.82 square foot tract out of the W. B. Dyches Survey,Abstract 17, Jefferson County, Texas, and being out of Lot 1 of Stoneleigh, a plat recorded in Clerks File No. 2009041886 of the Official Public Records of Real Property of Jefferson County,Texas, said 0.82 square foot tract being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is the east right-of-way line of North Major Drive and a west fine of said Lot 1 having been called South 06°29'05"East 306.95 feet. COMMENCING at a TxDot monument found at the intersection of the east right-of-way of North Major Drive and the southeasterly right-of-way line of Old Major Drive for the northwest comer of said Lot 1 from which a TxDot monument found in the said east right-of-way line of North Major Drive for an angle point of said Lot 1 bears South 06 029'05"East 306.97 feet(called South 06 029'05"East 306.95 feet); THENCE South 86 009'08" East a distance of 23.35 feet to a point at the intersee ion of the east i line of a 23'wide utility easement recorded in Volume 1793, Page 223 of the Deed Records of Jefferson County,Texas and the southeasterly line of a 10'wide utility easement recorded in Volume 1776, Page 306 of the Deed Records of Jefferson County,Texas; THENCE North 37°4948"East along the said southeasterly line of a 10'wide utility easement a distance of 110.76 feet to a point for the south comer of the said 0.82 square foot tract and the POINT OF BEGINNING; i THENCE North 52°1012"West along the southwesterly line of the said 0.82 square foot tract a distance of 0.35 feet to a point for the west corner of the said 0.82 square foot tract; THENCE North 37 049'48"East along the northwesterly line of the said 0.82 square foot tract a distance of 2.35 feet to a point for the north corner of the said 0.82 square foot tract; i THENCE South 52°10'12" East along the northeasterly line of the said 0.82 square foot tract a distance of 0.35 feet to a point for the east comer of the said 0.82 square foot tract; FITTZ do SMIPMAN,INC. ' Page) of 2 Project No.07156ENCR(TR.D) 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 F F i EXHIBIT"A",PAGE 8 OF 9 THENCE South 37°49'48"West along the southeasterly line of the said 0.82 square foot tract a distance of 2.35 feet to the POINT OF BEGINNING and containing 0.82 square foot of land, more or less. This Field Note Description is based on a land title survey performed by i=ittz&Shipman, Inc. during June 2011. i Wafter J. Ksiazek AS OF r e�9 4 Registered Professions! L d Survey No. 5321 *'04GO b WALrEfi J. KSIA2171 i z MTTZ&SHIPMAN,INC Page 2 of 2 Project No.07156ENCR(TR.D) Plat&Description EXHIBIT "A PAGE 9 OF 9 TWO STORY m STORY �// Q, W r FRAME WOOD FRAME UI�.DING ON 9J19 ONSW �GG�iFFF,Try POINT OF POINT OF TRACT D G / T3007 O 110.76 71-M °/ MONUMENT 9A,p� N 37'49'48"E / / kL 7.11 27.57 7.11 61.92 10'UTAJTY EASEMENT o VOL 7776 PO JOB OR.IC. ----- -------..----- / ------.,-- ------------ POINT OF PONT OF 4TRACT C � 'TRACT A COMMENCING POINT FVJW TROOT MONUMENT OLD MAJOR DRIVE (A PUBLIC STREET) SURVEYOR ( MT(APUBLIC MT RW) S 37'49'48" W 2.35 1 00 HEREBY RxJR1B'Y.To THE BEST OF pv KNOMLEOGE AND oEm, S 52'10'12" E 0:82 SQ. FT. N 5290'12" W , THAT 1NBS LS AN ACCURATE PLAT OF A SUM/EY t DESCRPTWN MADE 0.35 N 3749'48 E 2.35 0'3 ' ON rAE GROUND L0N)E7R MY SUPERV"MANG JJNE 2m, t�0R r, TRACTS A—D ' •����'{`RSA s�z DETAM o , o • ' 2i' �' ` on L - R a NPROFE wAtr£R e. i - REaS1ERtT)PROFFSSIOHU SURVEYOR 5321 a..a,— !,� F hfpman WATER UNE EASEMENT ENCROACHMENT TRACTS A—D 9NO. gtlRY � INC STONEIEIGH APARTMENTS NORTH MAJOR DRIVE PROJECT NO. 1408 OORNERSMME COUNT.BEAUMONT.TEXAS BEAUMONT, TEXAS 07156 O,.\PROJECTS\07156\07156.0010\071SKNCLdsg Sap 01. 2011 11:31em (408)Bu-7270 FAx(10!)6SZ-7703 D '�•8-31-11 TASK 10 i�ofo• € Tea 0 � °L d 1 1 �� 1 •. cj Z. hf C fill1 1 1 1 E yy it � 1 ,,• 1, in , i6 '1 1• ' 1 T.:r.arLYSv;;:!rri-• - - - ' w.�f� __ �P7 p HOY°Af P°1N1E 89V6f1'ut0 s 1 Ofp°fE°fN[El i'� EXHIBIT "B>, � e 2 o F 2. V tK' / -� Z4 lb o / N � of C� II�B MINI LIC 2011934619 13 PGS LICENSE TO ENCROACH STATE OF TEXAS X COUNTY OF JEFFERSON X ALL MEN BY THESE PRESENTS: On the date last indicated below,the City of Beaumont,a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Stoneleigh Homsar Apts, Ltd, owner, hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property(the subject of this license agreement)described as follows: Said encroachment being structures overlapping 10'(ten foot)utility easement by 6" (six inches)on Lot IA, Block 1,of the Replat of Stoneleigh(4550 N. Major Drive). Said encroachment is shown on Exhibit "A", attached. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction,or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%)of the market value of the structure either: (1) before the improvement or repair is started; or(2) if the structure has been damaged and is being restored,before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not,however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council,determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of Page 1 of 3 E C business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims,losses, damages, law suits, attorney's fees, costs,judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur,be required to pay or become liable for,resulting in any manner from the construction,maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor,reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health,welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensee shall not permit trees, shrubs,plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the water main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less that thirty(30) days prior to the termination date,therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with,and as part of, Licensee's conveyance of all the abutting property this license serves,through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827,Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at 16800 Westgrove Drive, Addison,Texas 75001. Page 2 of 3 IN WITNESS, WHEREOF,the parties hereto have executed this agreement as of the rg day of OC24 , 2011. LICENSOR: LICENSEE: CITY OF BEAUMONT STONELEIGH HOMSAR APTS., LTD. By: L1 �- By: KYLE HAYES WARNER STONE CITY MANAGER PRESIDENT ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X ,I This instrument was acknowledged before me on the f ' day of OC`k rr , 2010, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of sT +r...................., t�.r�+-r-- --���.�•••.•....� Notary Public, State of Texas STATE OF TEXAS X COUNTY OF DALLAS X This instrument was acknowledged before me on the day of , 2011, b y Warner E. Stone, President of Stoneleigh Homsar Apartments, Ltd, on behalf of said corporation. CHERYL VESSELS My CoianWW E*m OMW 29,2012 Notary Publ' , State of Texas xETv geunio:n Antoinette Hardy-Engineering P.O.Box 3827 Beaumont,Texas 77704 Page 3 of 3 Fit 1 V� S him-a n INC. EXHIBIT "A",PAGE 1 OF 9 Consulting Engineers and Land Surveyors FIELD NOTE DESCRIPTION Ronald Terry G.Sh P.E., , P.L.S. an of Board Terry G.Shipman,Chairman of Board OF A Billy J.Smith,Jr.,President 0.82 SQUARE FOOT TRACT Donald R.King,P.E. Michelle Falgout,P.E. jai= D Al FOR A Walter J.Ksiazek,R.P.L.S. WATER LINE EASEMENT ENCROACHMENT OUT OF THE W. B.DYCHES SURVEY,ABSTRACT 17 JEFFERSON COUNTY,TEXAS SEPTEMBER 1,2011 TRACT A That certain 0.82 square foot tract out of the W. B. Dyches Survey, Abstract 17, Jefferson County, Texas, and being out of Lot 1 of Stoneleigh, a plat recorded in Clerks File No. 2009041886 of the Official Public Records of Real Property of Jefferson County, Texas, said 0.82 square foot tract being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is the east right-of-way line of North Major Drive and a west line of said Lot 1 having been called South 06°29'05" East 306.95 feet. COMMENCING at a TxDot monument found at the intersection of the east right-of-way of North Major Drive and the southeasterly right-of-way line of Old Major Drive for the northwest corner of said Lot 1 from which a TxDot monument found in the said east right-of-way line of North Major Drive for an angle point of said Lot 1 bears South 06 029'05" East 306.97 feet (called South 06 029'05" East 306.95 feet); THENCE South 86°09'08" East a distance of 23.35 feet to a point at the intersection of the east line of a 23'wide utility easement recorded in Volume 1793, Page 223 of the Deed Records of Jefferson County, Texas and the southeasterly line of a 10'wide utility easement recorded in Volume 1776, Page 306 of the Deed Records of Jefferson County, Texas; THENCE North 37°49'48" East along the said southeasterly line of a 10'wide utility easement a distance of 61.92 feet to a point for the south comer of the said 0.82 square foot tract and the POINT OF BEGINNING; THENCE North 52 010'12"West along the southwesterly line of the said 0.82 square foot tract a distance of 0.35 feet to a point for the west corner of the said 0.82 square foot tract; THENCE North 37 049'48" East along the northwesterly line of the said 0.82 square foot tract a distance of 2.35 feet to a point for the north corner of the said 0.82 square foot tract; THENCE South 52°10'12" East along the northeasterly line of the said 0.82 square foot tract a distance of 0.35 feet to a point for the east corner of the said 0.82 square foot tract; FITTZ&SHIPMAN,INC. Page 1 of 2 Project No.07156ENCR(TR.A) 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 9 THENCE South 37°49'48"West along the southeasterly line of the said 0.82 square foot tract a distance of 2.35 feet to the POINT OF BEGINNING and containing 0.82 square foot of land, more or less. This Field Note Description is based on a land title survey performed by Fittz&Shipman, Inc. during June 2011. Walter J. Ksiazek 't OF t r Registered Profession Land S eyor No. 5321 # C.Pis WALTER J. KS1AZF1 •1 LUI , strwv�, FITTZ&SHIPMAN,INC. Page 2 of 2 Project No.07156ENCR(TR.A) Plat&Description INC. Consulting Engineers and Land Surveyors EXHIBIT "A",PAGE 3 OF 9 Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) FIELD NOTE DESCRIPTION Terry G.Shipman,Chairman of Board OF A Billy J.Smith,Jr.,President 0.82 SQUARE FOOT TRACT Donald R King,P.E. Michelle Falgout,P.E. FORA Walter J.Ksiazek,R.P.L.S. WATER LINE EASEMENT ENCROACHMENT OUT OF THE W. B. DYCHES SURVEY,ABSTRACT 17 JEFFERSON COUNTY,TEXAS SEPTEMBER 1,2011 TRACT B That certain 0.82 square foot tract out of the W. B. Dyches Survey, Abstract 17, Jefferson County, Texas, and being out of Lot 1 of Stoneleigh, a plat recorded in Clerks File No. 2009041886 of the Official Public Records of Real Property of Jefferson County, Texas, said 0.82 square foot tract being more particularly described by metes and bounds as follows: _ Note: The Basis of Bearings is the east right-of-way line of North Major Drive and a west line of ` said Lot 1 having been called South 06 029'05" East 306.95 feet. COMMENCING at a TxDot monument found at the intersection of the east right-of-way of North Major Drive and the southeasterly right-of-way line of Old Major Drive for the northwest comer of said Lot 1 from which a TxDot monument found in the said east right-of-way line of North Major Drive for an angle point of said Lot 1 bears South 06 029'05" East 306.97 feet (called South 06°29'05" East 306.95 feet); THENCE South 86 009'08" East a distance of 23.35 feet to a point at the intersection of the east line of a 23'wide utility easement recorded in Volume 1793, Page 223 of the Deed Records of Jefferson County, Texas and the southeasterly line of a 10'wide utility easement recorded in Volume 1776, Page 306 of the Deed Records of Jefferson County, Texas; THENCE North 37°49'48" East along the said southeasterly line of a 10' wide utility easement a distance of 71.38 feet to a point for the south corner of the said 0.82 square foot tract and the POINT OF BEGINNING; THENCE North 52°10'12"West along the southwesterly line of the said 0.82 square foot tract a distance of 0.35 feet to a point for the west corner of the said 0.82 square foot tract; THENCE North 37 04948" East along the northwesterly line of the said 0.82 square foot tract a distance of 2.35 feet to a point for the north corner of the said 0.82 square foot tract; THENCE South 52°10'12" East along the northeasterly line of the said 0.82 square foot tract a distance of 0.35 feet to a point for the east corner of the said 0.82 square foot tract; FITTZ&SHIPMAN,INC. Pagel of 2 Project No.07156ENCR(TR.B) 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 4 OF 9 THENCE South 37°49'48°West along the southeasterly line of the said 0.82 square foot tract a distance of 2.35 feet to the POINT OF BEGINNING and containing 0.82 square foot of land, more or less. This Field Note Description is based on a land title survey performed by Fittz& Shipman, Inc. during June 2011. &IAOISN Walter J. Ksiazek 0 r.: Registered Professional Land Surveyor No. 5321 (WALTER • •. ;�` . J. KS AZt�+�t`�{�� FIT77&SHIPMAN,INC. Page 2 of 2 Project No.07156ENCR(TR.B) Plat&Description Fittz&Sh pman INC. EXHIBIT "A",PAGE 5 OF 9 Consulting Engineers and Land Surveyors FIELD NOTE DESCRIPTION Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) Terry G.Shipman,Chairman of Board Billy OF A B y l Smith,Jr.,President 0.82 SQUARE FOOT TRACT Donald F IGng,P.E. Michelle Falgout,P.E. fill FOR A Walterl.Ksiazek,R.P.L.S. WATER LINE EASEMENT ENCROACHMENT OUT OF THE W. B. DYCHES SURVEY,ABSTRACT 17 JEFFERSON COUNTY,TEXAS SEPTEMBER 1,2011 TRACT C 4 That certain 0.82 square foot tract out of the W. B. Dyches Survey, Abstract 17, Jefferson County, Texas, and being out of Lot 1 of Stoneleigh, a plat recorded in Clerks File No. 2009041885 of the Official Public Records of Real Property of Jefferson County, Texas, said 0.82 square foot tract being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is the east right-of-way line of North Major Drive and a west line of said Lot 1 having been called South 06°29'05" East 306.95 feet. COMMENCING at a TxDot monument found at the intersection of the east right-of-way of North Major Drive and the southeasterly right-of-way line of Old Major Drive for the northwest comer of said Lot 1 from which a TxDot monument found in the said east right-of-way line of North Major Drive for an angle point of said Lot 1 bears South 06°29'05" East 306.97 feet(called South 06°29'05" East 306.95 feet); THENCE South 86°09'08" East a distance of 23.35 feet to a point at the intersection of the east line of a 23'wide utility easement recorded in Volume 1793, Page 223 of the Deed Records of Jefferson County, Texas and the southeasterly line of a 10'wide utility easement recorded in Volume 1776, Page 306 of the Deed Records of Jefferson County, Texas; THENCE North 37°49'48" East along the said southeasterly line of a 10'wide utility easement a distance of 101.30 feet to a point for the south comer of the said 0.82 square foot tract and the POINT OF BEGINNING; THENCE North 52°10'12" West along the southwesterly line of the said 0.82 square foot tract a distance of 0.35 feet to a point for the west comer of the said 0.82 square foot tract; THENCE North 37 049'48" East along the northwesterly line of the said 0.82 square foot tract a distance of 2.35 feet to a point for the north corner of the said 0.82 square foot tract; THENCE South 52°1012" East along the northeasterly line of the said 0.82 square foot tract a distance of 0.35 feet to a point for the east corner of the said 0.82 square foot tract; FITTZ A SHMMAN,INC. Page 1 of 2 Project No.07156ENCR(TR.C) 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 C EXHIBIT"A",PAGE 6 OF 9 THENCE South 37 049'48"West along the southeasterly line of the said 0.82 square foot tract a distance of 2.35 feet to the POINT OF BEGINNING and containing 0.82 square foot of land, more or less. This Field Note Description is based on a land title survey performed by Fittz&Shipman, Inc. during June 2011. Walter J. Ksiazek ��- ,01 F T�rx Registered Professional Land Surveyo No. 5321 * e'4j`lGls, F��'¢� WALTER J. KSlAZF.t •'1 Sul rt FITTZ&SHIPMAN,INC. Page 2 of 2 Project No.07156ENCR(TR.Q Plat&Description 'Ittz&Shipman INC. EXHIBIT "A",PAGE 7 OF 9 Consulting Engineers and Land Surveyors V FIELD NOTE DESCRIPTION Ronald D.Fittz,P.E.,R P.L.S.(1948-198 Terry G.Shipman,Chairman of Board OF A Billy J.Smith,Jr.,President 0.82 SQUARE FOOT TRACT Donald R.I ft P.E. FORA Michelle Falgout,P.E. Walter J.Ksiazek,R.P.L.S. WATER LINE EASEMENT ENCROACHMENT OUT OF THE W. B.DYCHES SURVEY,ABSTRACT 17 JEFFERSON COUNTY,TEXAS SEPTEMBER 1,2011 TRACT D That certain 0.82 square foot tract out of the W. B. Dyches Survey, Abstract 17, Jefferson County, Texas, and being out of Lot 1 of Stoneleigh, a plat recorded in Clerks File No. 2009041886 of the Official Public Records of Real Property of Jefferson County, Texas, said 0.82 square foot tract being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is the east right-of-way line of North Major Drive and a west line of said Lot 1 having been called South 06 029'05" East 306.95 feet. COMMENCING at a TxDot monument found at the intersection of the east right-of-way of North Major Drive and the southeasterly right-of-way line of Old Major Drive for the northwest corner of said Lot 1 from which a TxDot monument found in the said east right-of-way line of North Major Drive for an angle point of said Lot 1 bears South 06 029'05" East 306.97 feet(called South 06 029'05" East 306.95 feet); THENCE South 86 009'08" East a distance of 23.35 feet to a point at the intersection of the east line of a 23'wide utility easement recorded in Volume 1793, Page 223 of the Deed Records of Jefferson County, Texas and the southeasterly line of a 10'wide utility easement recorded in Volume 1776, Page 306 of the Deed Records of Jefferson County, Texas; THENCE North 37 049'48" East along the said southeasterly line of a 10'wide utility easement a distance of 110.76 feet to a point for the south corner of the said 0.82 square foot tract and the POINT OF BEGINNING; THENCE North 52°10'12"West along the southwesterly line of the said 0.82 square foot tract a distance of 0.35 feet to a point for the west corner of the said 0.82 square foot tract; THENCE North 37°49'48" East along the northwesterly line of the said 0.82 square foot tract a distance of 2.35 feet to a point for the north corner of the said 0.82 square foot tract; THENCE South 52 010'12" East along the northeasterly line of the said 0.82 square foot tract a distance of 0.35 feet to a point for the east corner of the said 0.82 square foot tract; FITTZ&SHIPMAN,INC. Page 1 of 2 Project No.07156ENCR(TR.D) 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 8 OF 9 THENCE South 37°49'48"West along the southeasterly line of the said 0.82 square foot tract a distance of 2.35 feet to the POINT OF BEGINNING and containing 0.82 square foot of land, more or less. This Field Note Description is based on a land title survey performed by Fittz&Shipman, Inc. during June 2011. Walter J. Ksiazek ��E . Tyr , Registered Professional L d Survey No. 5321 *'1 C'ISTO, #« WALTER J. KSIAZFI 7iy ••» a MI TZ&SHIPMAN,INC. Page 2 of 2 Project No.07156ENCR(TR.D) Plat&Description EXHIBIT "A", PAGE 9 OF 9 TWO STORY TWO STORY WOOD FRAME WOOD FRAME / / ,y�y'S' BUILDING ON SLAB BUILDING ON SLAB POINT OF � / J � Q J 9y, BEGINNIN POINT OF // / FOUND TRACT D TRACT B TxDOT O 110.78 / / ,20o MONNUMEUME NT 071.38 N 37'49'48'E / ekg, + �.�• v5 — — — — — — — — — — — 0 10' UTILITY EASEMENT 7.11 27.57 7.11 — — — — — — 61.92 X01��' o VOL 1776 PG 306 DRJC, / /f C,r, _ /,// emu► �e`�'L0*4 POINT OF POINT OF — — — — — — — /7'- `�cr GINNING BEGINNING 0101.T 1 1.30 I TRACT A coMMENaNc f POINT FOUND TxDOT OLD MAJOR DRIVE MONUMENT SURVEYOR'S CERTIFICATION: (A PUBLIC STREET) S 37.49.48„ W 2.35 I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BE (ASPHALT ROAD) 0,82 SQ. FT. N 52"10'12'BELIEF. 52'1O'12' E . THAT THIS IS AN ACCURATE UN ER MY SURVEY G JUNE DESCRIPTION 1. MADE 0.35 N 37.49,48 E 2.35 0,35 ©F t r TRACTS A—D *;•���'1 �'F�C4s, DETAIL 0 10 0 J. , NTS A WALTER J. KSIAZEK WALTER � `y REGISTERED PROFESSIONAL D SURVEYOR 0. 5321 KSIAZF �•o l�ast1 ��1° •� t SHEET NO. ��•• Sg+,C';• WATER UNE EASEMENT ENCROACHMENT TRACTS A-D ,�, '••••'pQ" man NM-' STONELEIGH APARTMENTS 9 NORTH MAJOR DRIVE PROJECT NO. ` 1405 CORNERSTONE COURT, BEAUMONT. TEXAS BEAUMONT TEXAS 0:\PROJECTS\0,7156\07156.0010\07156ENCR.dwg Sep 01, 2011 11:31om (409) 832-7238 FAX (409) 832-7303 07156 DATE: 8-31-11 TASK 10