HomeMy WebLinkAboutRES 12-004 RESOLUTION NO. 12-004
WHEREAS, Cleburne Care Property, LP has agreed to convey three (3) ten (10)
foot wide exclusive water line easements, said easements being out of Lot 2A of Summer
Place, Phase I, 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 facilitate the
construction of a senior citizen assisted living facility located at 2501 South Major Drive;
and,
WHEREAS, the City Council has considered the purpose of said conveyances and
is of the opinion that the acceptance of said conveyances 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 easements conveyed by Cleburne Care Property, LP, as described in
Exhibit"A"and shown on Exhibit"B," be and the same are hereby, in all things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
January, 2012.
ayor Becif Ames -
CA UST 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
Survey Registration Firm No 100024-00
EXHIBIT A
PAGE 1 OF S
FIELD NOTE DESCRIPTIONS
FOR THREE
10 FOOT WIDE
EXCLUSIVE WATERLINE EASEMENT
OUT OF
LOT 2A OF
SUMMER PLACE,PHASE I
BEAUMONT,JEFFERSON COUNTY, TEXAS
December 5,2011
Tract I
That certain 0.05 acre tract being a 10 foot wide exclusive waterline easement out of Lot
2A of Summer Place, Phase i, Jefferson County, Texas, said subdivision plat being
recorded in Clerk's File No. 2011020374 of the Official Public Records of Jefferson
County, Texas; said 0.05 acre 10 foot wide exclusive waterline easement being more
particularly described as follows:
COMMENCING at a 1/2" iron rod found at the intersection of the east
right-of-way line of F.M. Highway 364 (a.k.a. S. Major Drive) and the
south right of way line of Moore Drive; said iron rod being the northwest
corner of Lot 2A;
THENCE South 89 051'59" East (reference bearing) along the south right-
of-way line of Moore Drive and the north line of said Lot 2A, a distance of
78.34 feet to the northwest corner of the herein described tract and the
POINT OF BEGINNING;
THENCE South 89 051'59" East (reference bearing) along the south right-
of-way line of Moore Drive and the north line of said Lot 2A, a distance of
11.84 feet to the northeast corner of the herein described tract;
110107 legal description.doc 1 of 5
EXHIBIT"A"
EXHIBIT A
THENCE South 42°51'47" East, a distance of 43.86 feet to an angle point
in the east line of the herein described tract;
THENCE South 00°08'01" West, a distance of 172.31 feet to the southeast
corner of the herein described tract;
THENCE South 89°53'20" West, a distance of 16.00 feet to the southwest
corner of the herein described tract;
THENCE North 00°08'01" East, a distance of 10.00 feet to an angle point
on the west line of the herein described tract;
THENCE North 89°53'20" East, a distance of 6.00 feet to an angle point on
the west line of the herein described tract;
THENCE North 00°08'01" East, a distance of 158.42 feet to an angle point
on the west line of the herein described tract;
THENCE North 42°51'47" West, a distance of 46.56 feet to an angle point
on the west line of the herein described tract;
THENCE North 00°08'01" East, a distance of 1.97 feet to the POINT OF
BEGINNING and containing 0.05 acres of land, more or less.
Tract II
That certain 0.01 acre tract being a 10 foot wide exclusive waterline easement out of Lot
2A of Summer Place, Phase I, Jefferson County, Texas, said subdivision plat being
recorded in Clerk's File No. 2011020374 of the Official Public Records of Jefferson
County, Texas; said 0.01 acre 10 foot wide exclusive waterline easement being more
particularly described as follows:
COMMENCING at a 1/2" Iron rod found at the intersection of the east
right-of-way line of F.M. Highway 364 (a.k.a. S. Major Drive) and the
south right of way line of Moore Drive; said iron rod being the northwest
corner of Lot 2A;
THENCE South 89°51'59" East (reference bearing) along the south right-
of-way line of Moore Drive and the north line of said Lot 2A, a distance of
110107 legal description.doc 2 of 5
472.76 feet to a ''/:" iron rod found on the south line of said Moore Drive
and the north line of said tot 2A;
THENCE South 89°50'17" East (called South 89°49'52" East) along the
south right-of-way line of Moore Drive and the north line of said Lot 2A,a
distance of 239.71 feet to the northwest corner of the herein described
tract and the POINT OF BEGINNING;
THENCE South 89°50'17" East (called South 89°49'52' East) along the
south right-of-way line of Moore Drive and the north line of said Lot 2A,a
distance of 10.00 feet to%_"iron rod found for a point on the north line of
said Lot 2A and being the northeast corner of the herein described tract;
THENCE South 00°08'01" West, a distance of 55.62 feet to the southeast
corner of the herein described tract;
THENCE North 89 051'59"West, a distance of 10.00 feet to the southwest
corner of the herein described tract;
THENCE North 00°08'01" East, a distance of 55.63 feet to the POINT OF
BEGINNING and containing 0.01 acres of land, more or less.
Tract III
That certain 0.06 acre tract being a 10 foot wide exclusive waterline easement out of Lot
2A of Summer Place, Phase I, Jefferson County, Texas, said subdivision plat being
recorded in Clerk's File No. 2011020374 of the Official Public Records of Jefferson
County, Texas; said 0.01 acre 10 foot wide exclusive waterline easement being more
particularly described as follows;
COMMENCING at a 1/2" iron rod found at the intersection of the east
right-of-way fine of F.M. Highway 364 (a.k.a. S. Major Drive) and the
south right of way line of Moore Drive; said iron rod being the northwest
corner of Lot 2A;
THENCE South 89°51'59" East (reference bearing) along the south right-
of-way line of Moore Drive and the north line of said Lot 2A,a distance of
472.76 feet to %" iron rod found on the south line of said Moore Drive
and the north line of said Lot 2A;
110107 legal description.doc 3 of 5
THENCE South 89°50'17" East (called South 89 049'52" East) along the
south right-of-way line of Moore Drive and the north line of said Lot 2A,a
distance of 249.71 (called 249.80) feet to a %:" iron rod found and
continuing a total distance of 256.46 feet to a point on the north line of
said Lot 2A;
THENCE with a curve to the left along the north line of said Lot 2A,having
a radius of 374.10 (called radius 374.10), an arc length of 6.40 feet, a
chord bearing of North 89°40'18" East, and a chord length of 6.40 feet,
to the northwest corner of the herein described tract and the POINT OF
BEGINNING;
THENCE with a curve to the left along the north line of said Lot 2A,having
a radius of 374.10 (called radius 374.10), an arc length of 10.01 feet, a
chord bearing of North 88°24'57" East, and a chord length of 10.00 feet,
to the northeast corner of the herein described tract;
THENCE South 00°13'33" West, a distance of 4.47 feet to an angle point
on the east line of the herein described tract;
THENCE South 47 041'56" East, a distance of 66.55 feet to a point on the
east line of said Lot 2A and being an angle point on the east line of the
herein described tract;
THENCE South 00°09'59" West (called South 00°09'59" West) along the
east line of said Lot 2A, a distance of 154.51 feet to the southeast corner
of the herein described tract;
THENCE North 89 051'59"West,a distance of 27.67 feet to the southwest
corner of the herein described tract;
THENCE North 00°08'01" East, a distance of 10.00 feet to an angle point
on the west line of the herein described tract;
THENCE South 89°51'59" East, a distance of 17.68 feet to an angle point
on the west line of the herein described tract;
THENCE North 00°09'59" East, a distance of 140.08 feet to an angle point
on the west line of the herein described tract;
110107 legal description.doc 4 of 5
EXI-110,1T A
THENCE North 47°41'56" West, a distance of 66.55 feet to an angle point
on the west line of the herein described tract;
THENCE North 00'13'33" East, a distance of 8.60 feet to the POINT OF
BEGINNING and containing 0.06 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 Land Surveyor No.4782 on December 5,2011.
OF
a,:e
..........................
� i�CIiARD.10 4782
RICHARD F. FAUST St1R`��G
REGISTERED PROFESSIONAL LAND SURVEYOR N0. 4782
110107 legal description.doc 5 of 5
S
7
1
1 ° S 8950'17'E 6.75'
coa7tltxaxc P.O.S. MOORS DRIVE (CAUXD N 89'1974'W) FoLr,O,�-
1 Pa1NT TRACT I (60•RO.W..) AdGYr R00
t} FOUND+ S 8951$9"E �S 895159'E S 89�t 59"E 472.76' � FOUND 1�I S 8950"17'£ 239.71' �1�0 tx.0 an _
s 78.34' 11.84' LftaW BEAAWG) (CALLED S es-sssa'£) C3
10111 1,12-
.a '.l i h �S 0073'33'w mov Rao
# N OOW'01'E S 425147'E 43.86' TRAc7 e m 3 4.47'
1.97' ° o r y,r� S 4741'56'E
max.T.S AP N 425147" W TRACT x g h $r�; 66.55'
= 46.56' TRACT 1 0.01 ACRE Z �'
0.05 ACRE f0'EXCLUSWE
10'WDE EXCLUSWF WATERLINE EASEMENT 17Q�St 39'W
N D _ WA7ERUNE EASEMENT
N
m
X 7 LDT 2A �`Y
obi ta 3 yp pi
N CLERKS FKE NO. 2011020374 to h e
D �;a g0�� o�� J.GfLV.R. TRACT!A
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0 10'EXCLU.Wvf A
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Lt rrl 1 1aao, z o�
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N 8953 20'E S 893!59 y
GIARW TABLE 17.68'
6.00' pppyE RA0815 LFJIDIN oow BEARwt• DISTANCE N ww'01'E
Ct .+3741 T0' a40' 4098`E a40' 10.00'
N 00178'01 E C2 '-vow 1 o1 7'E law, N 8981's9'w
1 S 89'5320" W f6.00' C3 +37410' save' MOIW42T 4965' 27.62 �
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•RAMS CALLED 37400'
AVON RD ` ao
�.��:..........TF L.N.V.A. CANAL
Gi:0 d;gyp PACE I1T 8
i nowsp F.F ikf _ TO ACOOUrw ANY DESORWDONS
��'• 4781 P'Q TRACT 1. TRACT or
0& TRACT N
9' BE1NC 10 FOOT WOE
V EXCLUSWE WAIEROVE EASEMENTS
CUT OF
LOT 2A AP C9;. AND SURVEYMG.INC.
dSTER£0 ESStAVAL LAAID SURIEYtxFt NQ 4782 S P1.A i1b/SE 1 am guar rwsir.....Kmew.ro >ra
SURLiY P.:dS744 RW FIRM NQ 100024-00 T, FFFERSQA!COIMITY TEXAS we■a xs rn aeu to seµ
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j `� I�INIIINIIII EAS 2012002477
8 PG5
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, CLEBURNE CARE PROPERTY, LP, 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 us in hand
paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County,
Texas, hereinafter called "GRANTEE",the receipt and sufficiency of which consideration is
hereby acknowledged,has GRANTED, SOLD and CONVEYED, and by these presents does
GRANT, SELL and CONVEY unto the CITY OF BEAUMONT,P. O. Box 3827,Beaumont,
Texas 77704, Jefferson County,Texas, its successors and assigns,a Water Line Easement and
the exclusive right to construct, alter, and maintain said waterlines and appurtenances on the
hereinafter described lands which said easement is under,over,in and across those certain tracts
or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and
being more particularly described in Exhibit "A&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.
i
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 2012.
GRANTOR:
CLEB CARE PROPERTY, LP
By:
Printed Name: R-V--
Title: C'ep
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
` BEFORE ME, the undersigned authority, on this day personally appeared
woor2-e- as Co(7 of CLEBURNE CARE
PROPERTY, LP, known to me to be the person and officer whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same as the act of such
corporation for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of 1"-, 2012.
IAA E .
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy-Engineering
P. O. Box 3827
Beaumont,TX 77704
FAUST Engineering and Surveying, Inc.
ProfeastoI @ fit and Protetsional Surveyor Telephone j+104)813-3410
E-MAIL ADDRESS INFOOFAUSTENG.COM Fax(809)813.3484
2525 Calder Street
Beaumont,Texas 77702
Survey Registration Finn No 100024.00
EXHIBIT A
PAGE 1 OF 5
FIELD NOTE DESCRIPTIONS
FOR THREE
10 FOOT WIDE
EXCLUSIVE WATERLINE EASEMENT
OUT OF
LOT 2A OF
SUMMER PLACE, PHASE I
BEAUMONT,JEFFERSON COUNTY, TEXAS
December 5,2011
Tract
That certain 0.05 acre tract being a 10 foot wide exclusive waterline easement out of Lot
2A of Summer Place, Phase I, Jefferson County, Texas, said subdivision plat being
recorded in Clerk's File No. 2011020374 of the Official Public Records of Jefferson
County, Texas; said 0.05 acre 10 foot wide exclusive waterline easement being more
particularly described as follows:
COMMENCING at a 1/2" iron rod found at the intersection of the east
right-of-way line of F.M. Highway 364 (a.k.a. S. Major Drive) and the
south right of way line of Moore Drive; said iron rod being the northwest
corner of Lot 2A;
THENCE South 89 051'59" East (reference bearing) along the south right-
of-way line of Moore Drive and the north line of said Lot 2A,a distance of
78.34 feet to the northwest corner of the herein described tract and the
POINT OF BEGINNING;
THENCE South 89°51'59" East (reference bearing) along the south right-
of-way line of Moore Drive and the north line of said Lot 2A,a distance of
11.84 feet to the northeast corner of the herein described tract;
110107 legal description.doc 1 of 5
EXHIBIT A
THENCE South 42 051'47" East, a distance of 43.86 feet to an angle point
in the east line of the herein described tract;
THENCE South 00°08'01"West, a distance of 172.31 feet to the southeast
corner of the herein described tract;
THENCE South 89°53'20" West, a distance of 16.00 feet to the southwest
corner of the herein described tract;
THENCE North 00°08'01" East, a distance of 10.00 feet to an angle point
on the west line of the herein described tract;
THENCE North 89°53'20" East,a distance of 6.00 feet to an angle point on
the west line of the herein described tract;
THENCE North 00°08'01" East, a distance of 158.42 feet to an angle point
on the west line of the herein described tract;
THENCE North 42°51'47"West, a distance of 46.56 feet to an angle point
on the west line of the herein described tract;
THENCE North 00°08'01" East, a distance of 1.97 feet to the POINT OF
BEGINNING and containing 0.05 acres of land, more or less.
Tract II
That certain 0.01 acre tract being a 10 foot wide exclusive waterline easement out of Lot
2A of Summer Place, Phase I, Jefferson County, Texas, said subdivision plat being
recorded in Clerk's File No. 2011020374 of the Official Public Records of Jefferson
County, Texas; said 0.01 acre 10 foot wide exclusive waterline easement being more
particularly described as follows:
COMMENCING at a 1/2" iron rod found at the intersection of the east
right-of-way line of F.M. Highway 364 (a.k.a. S. Major Drive) and the
south right of way line of Moore Drive; said iron rod being the northwest
corner of Lot 2A;
THENCE South 89°51'59 East (reference bearing) along the south right-
of-way line of Moore Drive and the north line of said Lot 2A,a distance of
110107 legal description.doc 2 of 5
EXHIBIT A
THENCE South 89 050'17" East (called South 89°49'52" East) along the
south right-of-way line of Moore Drive and the north line of said Lot 2A, a
distance of 249.71 (called 249.80) feet to a %" iron rod found and
continuing a total distance of 256.46 feet to a point on the north line of
said Lot 2A;
THENCE with a curve to the left along the north line of said Lot 2A, having
a radius of 374.10 (called radius 374.10), an arc length of 6.40 feet, a
chord bearing of North 89°40'18" East, and a chord length of 6.40 feet,
to the northwest corner of the herein described tract and the POINT OF
BEGINNING;
THENCE with a curve to the left along the north line of said Lot 2A, having
a radius of 374.10 (called radius 374.10), an arc length of 10.01 feet, a
chord bearing of North 88 024'57" East, and a chord length of 10.00 feet,
to the northeast corner of the herein described tract;
THENCE South 00°13'33" West, a distance of 4.47 feet to an angle point
on the east line of the herein described tract;
THENCE South 47°41'56" East, a distance of 66.55 feet to a point on the
east line of said Lot 2A and being an angle point on the east line of the
herein described tract;
THENCE South 00°09'59" West (called South 00°09'59" West) along the
east line of said Lot 2A, a distance of 154.51 feet to the southeast corner
of the herein described tract;
THENCE North 89 051'59" West, a distance of 27.67 feet to the southwest
corner of the herein described tract;
THENCE North 00°08'01" East, a distance of 10.00 feet to an angle point
on the west line of the herein described tract;
THENCE South 89°51'59" East, a distance of 17.68 feet to an angle point
on the west line of the herein described tract;
THENCE North 00°09'59" East, a distance of 140.08 feet to an angle point
on the west line of the herein described tract;
110107 legal description.doc 4 of 5
EXHIBIT A
THENCE North 47 041'56" West, a distance of 66.55 feet to an angle point
on the west line of the herein described tract;
THENCE North 00 013'33" East, a distance of 8.60 feet to the POINT OF
BEGINNING and containing 0.06 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 1and Surveyor No.4782 on December 5,2011.
a :Q . a•:
.. .........................
.FO Mfl F.FAU6T
RICHARD F. FAUST SUA
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782
110107 legal description.doc 5 of 5
S 8950'17'E 6.75'
CO MEMONG Rao.. MOORE DRIVE (CALLED N M.924.11) Fo1A�1/2•
Paver TRACT I (so-&a w) FOUND Fl L 1/2' S 895f 59"E IRAN kon - 1� C1 .aa FouND
AQOnr ROD S 8955 E S 895159"E 47276' S 8950'17"E 239.71' TRACT m
l 78.34' 11.84' ( eoCARiNC) (cAUEn s s9s9s2'E) C3 1/2-
+Iw l� L S 007333•w IRON ROD
N 00198 Ql'£ S 42"5147'E 4.186' MACr s ;' 3 447
1.97' i�
ern MAP = o S 466.55' E
N.T.S. N 42'51'47" W TRACT a g ;' 66.55'
G7
x,56' TRACT I 0.01 ACRE Z 8
= 0.05 ACRE 10'EXCLUSIVE N M3139'w
JO' NODE EXCLUSIVE WAIERUNE EASEMENT
N N WATERLINE EASEMENT ►aDD' 2
3 LOT 2A g
$N CLERK'S FILE NO. 2011020374 t
9p� J.C.R.P.R. TRACT N h 38 �F
LMW TABLE 10.06 CL �
SCALE J'= 60' (n a+ 8 S LAC WATERLINE EASEMENT $ �3
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g.�.
:..� L2 I AM7.rME 880' h I¢
N 89532 l 7.
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6.00' CUM TABLE 6d'
CWW RAON/� L£NG1N Q4aW0 BEARM/G&DISTANCE N o0V8'oi'E
Ci •37410 840 I AM-4014 E• 840 laoo'
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N 001780f'E
� 5 895320' W f6.00' c3 •374.JO' rasa' Na3sD'42'E 4185' 27.67 $
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v
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g. EXHI&T B
.. .............................. PAGE 1 OF 1
Row F.FAST To A=WANY V63MV110 FS
;.......... 712....v.:.....
TRACT 1, TRACT Il & TRACT N
BONG 10 FOOT HIDE
EXCLUSIVE WATERLINE EASEMEN7S
WT OF
LOT 21 OF ENO AND SURVEYING,INC.
pSTERED AL LAND SURVEYOR NO. 4782 9A>r87P> AMUSE! 2Mµp matt . lfMMW MW 7TM
SURVEY REGIS1RA77ON FIRM NO. 1000.24-00 BEAlMK1YT, E7rAFRA7N oOLWTY 1EXA5 cw�r rsru r�x ewn araN+
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