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HomeMy WebLinkAboutRES 11-312 RESOLUTION NO. 11-312 WHEREAS,Southeast Educational Foundation has agreed to convey a ten(10)foot wide exclusive water line easement, said easement being 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 8200 Highway 105; 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 Southeast Educational Foundation, 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 1st day of November, 2011. l ayor ed'y mes - it FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors Telephone(409)813-3410 E-MAIL ADDRESS INFOOFAUSTENG.COM Fax(409)813.3484 2525 Calder Street Beaumont,Texas 77702 Surveying Firm No 100024-00 EXHIBIT A PAGE 1 OF 3 FIELD NOTE DESCRIPTION FOR A 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF THE DANIEL EASLEY SURVEY,ABSTRACT NO. 20 BEAUMONT,JEFFERSON COUNTY, TEXAS October 14,2011 That certain 0.15 acre tract being a 10' wide exclusive waterline easement out of the Daniel Easley Survey, Abstract No. 20,Jefferson County, Texas, and being out of a called 20.00 acre tract described as Tract II in a conveyance to The Southeast Educational Foundation as recorded Clerk's File No. 2007026399 of the Official Public Records of Jefferson County,Texas;said 0.15 acre 10 foot wide exclusive waterline easement being more particularly described as follows: COMMENCING at a 3/4" iron rod found on the north right-of-way line of State Highway 105 being the southeast corner of a called 3.4178 acre tract described as Tract 2 in a conveyance to Stephen Randolph Streety as recorded in Clerk's File No. 2007033186 of the Official Public Records of Jefferson County, Texas; said iron rod being the southwest corner of a called 10.00 acre tract described as Tract I in a conveyance to The Southeast Educational Foundation as recorded Clerk's File No. 2007026399 of the Official Public Records of Jefferson County,Texas; THENCE South 89°54'36" East (reference bearing) along the north right- of-way line of State Highway 105 and the south line of said 10.00 acre tract, a distance of 30.00 feet (called 30.00 feet) to a point, being the southeast corner of a called 0.06 acre tract, being a 10 foot wide exclusive waterline easement conveyed to the City of Beaumont as recorded in Clerk's File No. 9739650 of the Official Public Records of Jefferson County, Texas; 110116 legal description.doc 1 of 3 EXHIBIT"A" Field Note Description THENCE North 00°05'24" East (called North 00°05'24" East) along the east line of the said 0.06 acre tract, a distance of 262.00 feet (called 262.00 feet) to the southeast corner of a called 0.078 acre tract, being a 10 foot wide exclusive waterline easement conveyed to the City of Beaumont as recorded in Clerk's File No. 2002028682 of the Official Public Records of Jefferson County, Texas and being the northeast corner of the said 0.060 acre tract; THENCE North 00°01'14" West (called North 00°01'14" West) along the east line of the said 0.078 acre tract, a distance of 320.82 feet (called 320.82 feet) to the northeast corner of the said 0.078 acre tract; said point being the southeast corner of the herein described 0.15 acre tract and the POINT OF BEGINNING; THENCE South 89°58'46"West along the north line of the said 0.078 acre tract, a distance of 10.00 feet (called 10.00 feet) to a point for the northwest corner of the herein described tract; THENCE North 00°01'14" West, a distance of 40.49 feet to a point for the northwest corner of the herein described tract; THENCE East, a distance of 468.21 feet to a point for the northeast corner of the herein described tract; THENCE South, a distance of 92.42 feet to an angle point in the east line of the herein described tract; THENCE South 17°57'41" East, a distance of 75.32 feet to the northeast corner of a called 0.106 acre tract, being a 10 foot wide exclusive waterline easement conveyed to the City of Beaumont as recorded in Clerk's File No. 9739650 of the Official Public Records of Jefferson County, Texas; said point being the southeast corner of the herein described tract; THENCE North 89°54'36" West along the north line of the said 0.106 acre tract, a distance of 10.00 feet (called 10.00 feet) to a point for the northwest corner said 0.106 tract and an angle point in the herein described tract; 110116 legal description.doc 2 of 3 Field Note Description THENCE North 17°57'41" West, a distance of 75.32 feet to an angle point in the herein described tract; THENCE North, a distance of 82.41 feet to an angle point in the herein described tract; THENCE West, a distance of 448.21 feet to an angle point in the herein described tract; THENCE South 00 001'14" East, a distance of 30.49 feet to the POINT OF BEGINNING and containing 0.15 acres of land, more or less. This description and the accompanying plat were prepared from a Land Title Survey performed under the supervision of Richard F. Faust, P.E., Registered Professional nd veyor No. 4782 on October 14, 2011. Richard F. Faust, P.E. , • Registered Professional Land Surveyor No.4782 ......F. ••• .•• 4782 110116 legal descrlptlon.doc 3 of 3 N 0001'14" W 40.49' N EAST 468.21' 7 WEST 448.21' 4 S 0001'14" E 30.49' POINT OF BEGINNING Q.15 ACRES -.___.._.._._.___._._..._..._..._-- 10' WPDE EXCLUSIVE HIGHMAY !OS ,¢,,;� S 8958'46" W 10.00' (CALLED 5 8958'46" W 10.00) WATERLINE EASEMENT SCALE 1"= 80' Y $IELG ( I z 6 ( CITY OF BEAUMONT NC/N/TY MAP I 10' WATERLINE EASEMENT N.T.S I `(�^ (CALLED 0.078 ACRES) S 175.321" E CLERKS FILE NO. 2002028662 I ( J.C.R.P.R. N 175741" W 75.32' I I� O£fRFIELD PHASE ONE o0 CLERKS FILE NO. 2004010050 I O h JC.R.P.R. N NOW OR FORMERLY THE SOUTHEAST EDUCAnONAL N 89 54'36" W 10.00' 5 I 13 w FOUNDARON (CALLED TRACT 9 — 20.00 ACRES) ' ( I p CLERKS FILE NO. 2007026399 I B L O C K 1 ( Iog I I ( Iow m zy 4 I ( ( 1- �U CJTY OF BEAUMONT 10' WATERLINE EASEMENT I I (CALLED 0.106 ACRES) X ( CLERK'S nLE NO. 9739650 I W NOW OR FDRMERL Y I u _ _ _ _ _ J.C R.P.R. — _ I _ — STEPHEN RANDOUW STREETY ( � WA RL BE EASEMENT CALLED TRACT 2 - 3.4178 ACRES 10' WATERLINE EASEMENT I 1 CLFRKS FILE NO 2007033186 I ( (CALLED 0.060 97396 NOW OR FORMERLY J.CR.P.R, I CLERKS F1 RNOR 9739650 THE SOUTHEAST EDUCATIONAL S 000524" W 46000' S 8954:36' E 30.00' I FOUNT - 10. (CALLED S 895436"E 30.00) /� N 0005 24" E 262.00' (CALLED TRACT FILE NO. 20070263995) 1 COMMENCING PONT / (CALLED N 000524"E 262.00) kC.R.P.R. I I FOUND 3 14'IRON ROD I E S 89 54:36° E 506.00' .�� Of CC �� (CALLED S 895436"E 506.00) �PQo` �9`�t9cn STATE HIGH WA Y 105 FOM F F EXHIBIT 8 4782 PAP 1 OF 1 TO ACCOMPANY OMPAA NY DESCRIPnow OF A 0.15 ACRE TRACT {}R BEING A 10 FOOT WIDE ■- EXCLUSIVE WATERLINE EASEMENT C5 OUT OF 7HE ENGINEERING AND SURVEYING,INC. pSTERED SIGNAL LANG SURVEYOR NO 4782 DANAEL EASLEY SURMEY, ABSTRACT NO. 20 2M3 CAL11M STREET ■ BEAUMW.TEXAS»laz <4N)853-3410 • FAX CM 613-3484 REpSTERED FIRM NO. 100024-DO BfALMIONT, JEFFERSON G�OUNTY TEXAS GRa,1ECT NO.119 116 EAS 1011038522 7 PGS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, SOUTHEAST EDUCATIONAL FOUNDATION 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. 0. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns,a Water Line Easement and the exclusive right to construct,alter, and maintain said water lines 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& B", 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 /ln'1 , 2011. GRANTOR: SOUTHEAST EDUCATIONAL FOUNDATION By: P dted Name: 2 _ Title: 6"x'47 7A-41�' ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEF E the undersigned authority, on this da personally appeared as 1 of, SOUTHEAST EDUCATIONAL F ATION known to me to be the pers n and officer whose name is subscribed to the fo go g 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 40k1ay of*n" 2011. Notary Publi , State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O.Box 3827 CHARLOM A.MARTIN Beaumont,TX 77704 .Notary Public,Stott of Texas My Co nnrniwaon Expires 1ww 14."201 FAUST Engineering and Surveying, Inc. Professional En`imeers and 10rotessional Surveyors Telephone(A09j 813-3410 E-MAIL ADMISS 111000FAUSTENG.COM Fax(409)813-3484 2525 Caleer Street Beaumont,Texas 77702 Surveying Arm No 10002400 EXHIBIT A PAGE 1 OF 3 FIELD NOTE DESCRIPTION FOR A 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF THE DANIEL EASLEY SURVEY,ABSTRACT NO.20 BEAUMONT,JEFFERSON COUNTY, TEXAS October 14,2011 That certain 0.15 acre tract being a 10' wide exclusive waterline easement out of the Daniel Easley Survey, Abstract No. 20, Jefferson County,Texas,and being out of a called 20.00 acre tract described as Tract II in a conveyance to The Southeast Educational Foundation as recorded Clerk's File No. 2007026399 of the Official Public Records of Jefferson County, Texas; said 0.15 acre 10 foot wide exclusive waterline easement being more particularly described as follows: COMMENCING at a 3/4" iron rod found on the north right-of-way line of State Highway 105 being the southeast corner of a called 3.4178 acre tract described as Tract 2 in a conveyance to Stephen Randolph Streety as recorded in Clerk's File No. 2007033186 of the Official Public Records of Jefferson County, Texas; said iron rod being the southwest corner of a called 10.00 acre tract described as Tract I in a conveyance to The Southeast Educational Foundation as recorded Clerk's File No. 2007026399 of the Official Public Records of Jefferson County,Texas; THENCE South 89°54'36" East (reference bearing) along the north right- of-way line of State Highway 105 and the south line of said 10.00 acre tract, a distance of 30.00 feet (called 30.00 feet) to a point, being the southeast corner of a called 0.06 acre tract, being a 10 foot wide ,exclusive waterline easement conveyed to the City of Beaumont as recorded in Clerk's File No. 9739650 of the Official Public Records of Jefferson County,Texas; 110116 legal description.doc 1 of 3 Field Note Description THENCE North 00 005'24" East (called North 00 005'24" East) along the east line of the said 0.06 acre tract, a distance of 262.00 feet (called 262.00 feet) to the southeast corner of a called 0.078 acre tract, being a 10 foot wide exclusive waterline easement conveyed to the City of Beaumont as recorded in Clerk's File No. 2002028682 of the Official Public Records of Jefferson County, Texas and being the northeast corner of the said 0.060 acre tract; THENCE North 00°01'14" West (called North 00 001'14" West) along the east line of the said 0.078 acre tract, a distance of 320.82 feet (called 320.82 feet) to the northeast corner of the said 0.078 acre tract; said point being the southeast corner of the herein described 0.15 acre tract and the POINT OF BEGINNING; THENCE South 89 058'46" West along the north line of the said 0.078 acre tract, a distance of 10.00 feet (called 10.00 feet) to a point for the northwest corner of the herein described tract; THENCE North 00 001'14" West, a distance of 40.49 feet to a point for the northwest corner of the herein described tract; THENCE East, a distance of 468.21 feet to a point for the northeast corner of the herein described tract; THENCE South, a distance of 92.42 feet to an angle point in the east line of the herein described tract; THENCE South 17 057'41" East, a distance of 75.32 feet to the northeast corner of a called 0.106 acre tract, being a 10 foot wide exclusive waterline easement conveyed to the City of Beaumont as recorded in Clerk's File No. 9739650 of the Official Public Records of Jefferson County, Texas; said point being the southeast corner of the herein described tract; THENCE North 89°54'36" West along the north line of the said 0.106 acre tract, a distance of 10.00 feet (called 10.00 feet) to a point for the northwest corner said 0.106 tract and an angle point in the herein described tract; 110116 legal description.doc 2 of 3 Field Note Description THENCE North 17 057'41" West, a distance of 75.32 feet to an angle point in the herein described tract; THENCE North, a distance of 82.41 feet to an angle point in the herein described tract; THENCE West, a distance of 448.21 feet to an angle point in the herein described tract; THENCE South 00°01'14" East, a distance of 30.49 feet to the POINT OF BEGINNING and containing 0.15 acres of land, more or less. This description and the accompanying plat were prepared from a Land Title Survey performed under the supervision of Richard F. Faust, P.E., Re tered fessional eyor No. 4782 on October 14, 2011. Richard F. FaLyst, P.E. Registered Professional Land Surveyor No. 4782 .....:F.F�' . 110116 legal description.doc 3 of 3 r t 1'14" W 40.49' N °C1 EAST 468.21' 5 n 7 WEST 448.21' a S 00101'14" E 30.49' oN, INT OF BEGINNING 0.15 ACRES HIGHWAY 105 S 8958'46" W 10.00' 10' MODE EXCLUSIVE j T°"v'�` I I (CALLED S 8958'46" W 10.00) WATERLINE EASEMENT SCALE 1"= 80' SIELIA 6 I CITY OF BEAUMONT i 10' WATERLINE EASEMENT S 17'57'41" E VICINITY MAP (CALLED 0.078 ACRES) N.T.S. I CLERK'S FILE NO. 2002028682 75.32' 1 JC.R.P.R N 175741" W 75.32' iN DEE?nELD PHASE ONE DO o CLERKS FILE NO. 2004010060 I l O J.C. I I hNj 3 THE SOUTHEAST EDUCAnaVAL N 8954'36" W 10.00' l l 5 I 13* (CALLED TRACT If — 00 ACRES) I I cµA CLERKS FILE NO. 2007026399 J.C.R.P.R. I I B L O C K 1 I lAg 4 I IZ< CITY OF BEAUMONT l 10' WATERLINE EASEMENT (CALLED 0.106 ACRES) l CLERK'S FILE N0. 9739650 NOW OR FORMERLY — CITY OF BEAUMONT — — — J.C.R.P.R. STEPHEN RANDOLPH SIRfETR 10' WATERLINE EASEMENT I I CALLED TRACT 2 — 3.4178 ACRES l (CALLED 0.060 ACRES) CLERKS FILE NO. 2007033186 l CLERK'S FILE NO. 9739650 NOW OR FORMERLY " J.C.R.P.R. THE SOUTHEAST EDUCA710NAL S 00105'24 W 460.00' I i I J.C.R.P.R. FOUNDATION S 89 54 36" E 30.00' (CALLED TRACP I - 10.00 ACRES) (CALLED S 8954'36"E 30.00) N 00105124" E 26200' CLERK'S FRLE NO. 2007026399 COMMENCING POINT (CALLED N 0017524" E 262.00) J.C.R.P.R. FOUND J14-IRON ROD /// S 8954,'36" E 506.00' OF �� (CALLED S 895436"E 506.00) Q a� ST _ ST'A TE HIGHWAY 105 co �o N ROOM F FAUST PAGE I 1 EXHIBIT B aGE of 1 4M Pv� TO ACCOMPANY DESMPnav 9 ` of A 0.15 ACRE TRACT U BEING A 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF 774E ENGINEERING AND SURVEYING, INC. gSTERED OFESS/ONAL LAND SURVEYOR NO. 4782 DANIEL £ASLEY SURVEY ABSTRACT NO. 20 (409)813-34LO ET FFAAX(4 813-34e4 X02 REC4STFRED FIRM NO 100024-00 BEAUMONT, JEFFERSON COUNTY TEXAS PROJECT NO. 110116