HomeMy WebLinkAboutRES 11-292 RESOLUTION NO. 11-292
WHEREAS, an agreement has been negotiated for the acquisition of a sidewalk easement
described below and in Exhibits"A"and "B"and shown on Exhibit"C,"attached hereto,for
the Concord Road Pavement Widening Project:
Parcel#1: 0.015 acre situated in the French Heights
Subdivision
Address: 3990 East Lucas Drive
Owner: 3990 ELD, LLC
Appraised Value: $675.00
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 purchase of the above described property be, and the same is, hereby
approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
October, 2011.
- ayor Beck y Ames -
STATE OF TEXAS X
KNOW ALL MEN BY"THESE PRESENTS:
COUNTY OF JEFFERSON X
SIDEWALK EASEMENT
THAT 3990 ELD, LLC, a Texas limited liability company, hereinafter called "GRANTOR", for
and in consideration of the sum of ONE AND NO/]00 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" or the "CITY", the receipt and sufficiency of
which consideration is hereby acknowledged, has GRANTED and CONVEYED, and by these presents
does GRANT and CONVEY unto the said CITY OF BEAUMONT, its successors and assigns a right,
privilege, and easement for sidewalk purposes in, over and across that certain tract of land owned by
GRANTOR in the CITY OF BEAUMONT, Jefferson County, Texas, said easement described in Exhibit
"A"attached hereto and made a part hereof for all purposes.
The easement herein granted shall be used for the purpose of constructing, reconstructing, and
maintaining sidewalks,and the following rights are also hereby conveyed:
It is expressly understood and agreed that the City shall have the right of ingress to and egress
from the above described tract of land of the GRANTOR as well as beneath and below the surface of the
above described easement for the aforesaid purposes of this easement.
The City hereby agrees that upon any exercise of its rights hereunder, that it shall repair any
damage caused by the City and restore Grantor's property to the same condition as before City's work,
including the relocation of any subsurface improvements such as sprinkler lines. The City also agrees
that any work performed under this easement shall not deny pedestrian and vehicular ingress and egress to
and from Grantor's property. Acknowledging the limitations placed upon municipalities by the State
Constitution, the City agrees, only to the extent allowed by the laws and Constitution of the State of
Texas,to indemnify and hold Grantor,and any tenant of Grantor,harmless from claims,actions,costs and
damages arising from any injury suffered by third parties due to the City's negligence or intentional acts
under this easement.
EXHIBIT"A"
'TO HAVE AND TO HOLD the above described easement unto the said CITY OF BEAUMONT,
Jefferson County,Texas, its successors and assigns forever.
EXECUTED this day of .2011.
GRANTOR:
3990 ELD, LLC
By: Title:
Louis Rhodes Managing Member
WALGREEN CO., as tenant under that certain Lease dated November 9, 1993, with 3990 ELD, LLC(as
successor in interest to Lucas Development, Inc.) for the above-referenced premises, hereby consents to
the above conveyance of easement right.
By:
Name:
Its:
ACKNOWLEDGMENT
STATE OF ILLINOIS X
COUNTY OF X
BEFORE ME, the undersigned authority, personally appeared , the
of WALGREEN CO.,whose name is subscribed to
the foregoing instrument and who is personally known to me,and acknowledged to me that the same was
the act of the said WALGREEN CO., and that he executed the same for the purposes and consideration
therein expressed and in the capacity stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this_day of ,
A. D. 2011.
Notary Public, State of Illinois
STATE OF CALIFORNIA X
COUNTY OF X
BEFORE ME, the undersigned authority, personally appeared
of ,3990 ELD,LLC,whose name is subscribed to the foregoing instrument and who is personally known
to me, and acknowledged to me that the same was the act of the said 3990 ELD. LLC. and that he
executed the same for the purposes and consideration therein expressed and in the capacity stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this_day of ,
A.D.2011,
Notary Public, State of
RE'T'URN TO:
City of Beaumont
Antoinette Hardy
P. O. Box 3827
Beaumont,TX 77704
March 2011
Parcel 1
Page 1 of 1
County: Jetiierson
Highway: Concord Rd.
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 1
COMMENCING at 5/8" iron rod found for the most Westerly corner of said
1.3694 acre ELD, LLC from Lucas Development tract.
1) THENCE, SOUTH 53°00'54" EAST along the proposed Northeast right-of-way
line of Concord Road for a distance of 99.98' feet to a 5/8"iron rod.
2) THENCE, NORTH 52°51'44" WEST along the proposed Southeasterly property
line of property line of the said 1.3694 acre tract of land having been conveyed to
3990 ELD, LLC from Lucas Development, Inc for a distance of 176.05' feet to a
PROPOSED new Northwesterly corner of property.
3) THENCE, SOUTH 35°3T1 9 WEST along the proposed Southeasterly property
line of property line of the said 0.2064 acre H. E. Butt Grocery Company tract and
said point being in the Northwesterly line of that certain called 1.3694 acre tract
of land having been conveyed to 3990 ELD, LLC from Lucas Development, Inc
for a distance of 5.00 feet POINT OF BEGINNING and containing 0.015 acres
(666 square feet).
EXHIBIT "B"
LEGEND
- -- - - -,----- - - - - - - - - - - _
0 FOUND IRON ROD 150oo — — — -- — 7 - - - - - - _ , _ — _
■ PUNCH MARK SET IN CONCRETE —r
P.0.B.
PAR i
_N 25 41_' W_(76._ Asa—N 53°00' W (99.9
— — —
e; STA. 149+35.65 N 52°51 '44" W (1766.05') ---,_J— — — -
(40.27' RT.) S 35°37`19"
►1 (5.00') I j
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JOINT USE
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AS 2011031319
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STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
SIDEWALK EASEMENT
THAT 3990 ELD, LLC, a Texas limited liability company, hereinafter called"GRANTOR", for
and in consideration of the sum of ONE AND N01100 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" or the "CITY", the receipt and sufficiency of
which consideration is hereby acknowledged, has GRANTED and CONVEYED, and by these presents
does GRANT and CONVEY unto the said CITY OF BEAUMONT, its successors and assigns a right,
privilege, and easement for sidewalk purposes in, over and across that certain tract of land owned by
GRANTOR in the CITY OF BEAUMONT, Jefferson County, Texas, said easement described in Exhibit
"A" attached hereto and made a part hereof for all purposes.
The easement herein granted shall be used for the purpose of constructing, reconstructing, and
maintaining sidewalks, and the following rights are also hereby conveyed:
It is expressly understood and agreed that the City shall have the right of ingress to and egress
from the above described tract of land of the GRANTOR as well as beneath and below the surface of the
above described easement for the aforesaid purposes of this easement.
The City hereby agrees that upon any exercise of its rights hereunder, that it shall repair any
damage caused by the City and restore Grantor's property to the same condition as before City's work,
including the relocation of any subsurface improvements such as sprinkler lines. The City also agrees
that any work performed under this easement shall not deny pedestrian and vehicular ingress and egress to
and from Grantor's property. Acknowledging the limitations placed upon municipalities by the State
Constitution, the City agrees, only to the extent allowed by the laws and Constitution of the State of
Texas,to indemnify and hold Grantor, and any tenant of Grantor,harmless from claims,actions,costs and
damages arising from any injury suffered by third parties due to the City's negligence or intentional acts
under this easement.
TO HAVE AND TO HOLD the above described easement unto the said CITY OF BEAUMONT,
Jefferson County,Texas,its successors and assigns forever.
EXECUTED this,4��— day of ,2011.
GRANTOR:
3990 ELD, LC
By Title:�v�l� o✓�1e
Louis Rhodes Manalging Member
WALGREEN CO., as tenant under that certain Lease dated November 9, 1993, with 3990 ELD, LLC (as
successor in intere, to ucas Development, Inc.) for the above-referenced premises, hereby consents to
the above, easement right.
VKL By-
Name.: Srlus n. �-
Its: .t c-
ACKNOWLEDGMENT
STATE OF ILLINOIS X
COUNTY OF jk,,c4 � X
BEFORE ME, the undersigned authority, personally appeared�Ar_ d •&N% he
,of WALGREEN CO., whose name is subscribed to
the foregoing instrument and who is personally known to me, and acknowledged to me that the same was
the act of the said WALGREEN CO., and that he executed the same for the purposes and consideration
therein expressed and in the capacity stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this��y of ,
A.D.2011.
°Ot=FiCi�ALwSE L"
BARBARA J. FRANCART
NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPIRES 11 J10J2014 Notary Publi , State of Illinois
STATE OF CALIFORNIA X
COUNTY OF X
BEFORE ME, the undersigned authority, personally appeared bU e-S ,
of 3990 ELD,LLC ,whose name is subscribed to the foregoing instrument and who is personally known
to me, and acknowledged to me that the same was the act of the said 3990 ELD, LLC, and that he
executed the same for the purposes and consideration therein expressed and in the capacity stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this L7 day of ,
A.D. 2011.
OF�,yF JAYNE FINCH
N d�' '; COMM. # 1905338 70
s NOTARY PUBLIC 4ALIFORNIA v No Pub ic, State of Ck_
ORANGE COUNTY N
MY COMM,EXP,UPT z6,2014
RETURN TO:
City of Beaumont
Antoinette Hardy
P. O.Box 3827
Beaumont,TX 77704
A March 2011
Parcel 1
Page I of I
County: Jefferson
Highway: Concord Rd.
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 1
COMMENCING at 5/8" iron rod found for the most Westerly corner of said
1.3694 acre ELD, LLC from Lucas Development tract.
1) THENCE, SOUTH 53°00'54" EAST along the proposed Northeast right-of-way
line of Concord Road for a distance of 99.98' feet to a 5/8" iron rod.
2) THENCE, NORTH 52°51'44" WEST along the proposed Southeasterly property
line of property line of the said 1.3694 acre tract of land having been conveyed to
.3990 ELD, LLC from Lucas Development, Inc for a distance of 176.05' feet to a
PROPOSED new Northwesterly corner of property.
3) THENCE, SOUTH 35-37'19" WEST along the proposed Southeasterly property
line of property line of the said 0.2064 acre H. E. Butt Grocery Company tract and
said point being in the Northwesterly line of that certain called 1.3694 acre tract
of land having been conveyed to 3990 ELD, LLC from Lucas Development, Inc
for a distance of 5.00 feet POINT OF BEGINNING and containing 0.015 acres
(666 square feet).
i
I
LEGEND
- - - - - -r -- - - - - - - - - - -,- - - - - - - - - - - - -
0 FOUND IRON ROD 150+00 T- - - - - - - - - - - - - - - - -
■ PUNCH MARK SET IN CONCRETE P.O. B.
PAR 1
W f,58
(76. N 53°00' " W (99.9_ - - — - —_
°2.5'41_ _ - - - - - -?� _ - - - - -
- — - — - STA. 149+35.65 N 52°51 '44" W (176.05' ) . . _
(40.27' RT.) S 35°37' 19" �V
. (5.00' )
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