HomeMy WebLinkAboutRES 12-151 RESOLUTION NO. 12-151
WHEREAS, Kelley Family Investments, Ltd., has agreed to convey a ten (10)foot
wide exclusive water line easement,said easement being a 0.3186936 acre tract out of the
H. Williams Survey, Abstract No. 56, located at 1450 North Major Drive, 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 development of a new apartment
complex; 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 Kelley Family Investments, Ltd., 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 17th day of July,
2012.
S - Mayor Becky Ames -
i
Fftz&Shipman
INC_
Consulting Engineers and Land Surveyors
Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) Donald R.IGn&P.E.
Terry C.Shipman,P.E.,Chairman Walter).Ksiazel,R.P.L.S.
Billy J.Smith,Jr.,President
EXHIBIT"A",PAGE 1
CENTERLINE DESCRIPTION
OF A
10' WIDE EXCLUSIVE WATER LINE EASEMENT
OUT OF THE
H-WILLIAMS SURVEY,ABSTRACT 56
JEFFERSON COUNTY,TEXAS
JUNE 7,2012
That certain centerline description for a 10'wide exclusive waterline easement, 5.0' on each side
of centerline, out of the H.Williams Survey, Abstract 56, and being out of a called 8.244 acre tract
conveyed to Kelley Family Investments, Ltd. as recorded in Clerks File No. 2011039128 of the
Official Public Records of Jefferson County,Texas, said centerline being more particularly
described by the following courses and distances:
Note: Bearings are based on the west line of the said 8.244 acre tract having been called North
00°06'50° East 434.24 feet.
COMMENCING at a capped iron rod found in the east right-of-way line of Major Drive for the
southwest comer of Lot 4 of Westpark Plaza, Unit 1, a plat recorded in Clerks File No. 2001010967
of the Official Public Records of Jefferson County, Texas and the northwest comer of the said
8.244 acre tract from which a capped iron rod found for the northwest corner of said Lot 4 bears
North 00°06'48" East 139.97 feet(called North 00 006'50" East 140.00 feet);
THENCE South 00°06'50"West along the said east right-of-way line of Major Drive and the west
line of the said 8.244 acre tract a distance of 84.97 feet(called South 00006'50'West)to a point;
THENCE East a distance of 22.00 feet to a point in the east line of a called 0.494 acre tract for an
underground water line easement conveyed to the City of Beaumont as recorded in Volume 1823,
Page 483 of the Deed Records of Jefferson County, Texas for the POINT OF BEGINNING of the
said centerline of the 10'wide exclusive water line easement;
THENCE East along the said centerline, at a distance of 96.17 feet pass a point for the POINT OF
BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears South
26.06 feet, and continuing a total distance of 360.19 feet to an angle point;
THENCE South 38°26'24" East continuing along the said centerline, at a distance of 82.97 feet
pass a point for the POINT OF BEGINNING of TAP B from which the POINT OF TERMINATION
Fittz&Shipman,Inc.
Page 1 of 2
Project No.12036T6Wesmt
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'
EXHIBIT"A", PAGE 2
of said TAP B bears North 51°33'36' East 22.24 feet, and continuing a total distance of 294.08 feet
to an angle point;
THENCE South continuing along the said centerline a distance of 75.13 feet to an angle paint for
the POINT OF BEGINNING of TAP C from which the POINT OF TERMINATION of said TAP C
bears East 49.69 feet;
THENCE West continuing along the said centerline, at a distance of 341.53 feet pass a point for
the POINT OF BEGINNING of TAP D from which the POINT OF TERMNA77ON of said TAP D
bears South 19.28 feet, and continuing a total distance of 349.59 feet to an angle point;
THENCE North 44°59'01°West continuing along the said centerline a distance of 62.51 feet to an
angle point;
THENCE North 89 059'10'West continuing along the said centerline a distance of 149.76 feet to a
point in the said east line of the 0.494 acre tract for the POINT OF TERMINATION of the said
centerline of the 10-wide exclusive water line easement.
This description is based on a survey and plat made by Fitz&Shipman, Inc. during June 2011.
alter J. Ksiaze
Registered Profession and Sury or No. 5321 OF r
• � s '�
WAt,TLvR j. Ksit�*
uE,
t'� °° $
Fittz g Shipman,Inc.
Page 2 of 2
Project No. 12036T6Wesmt
Plat&Description
LOT 1 JI 1 \AESTPARK P ZA SURVEYOR'S cERmlcanoN: o
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, o Z
CAPPED CD W \ U NIT ON THE IS AN ACCURATE
UNDER MY PLAT OF SURVEY RING gJU2011.DESCRIPTION MAC W M
IRON ROD �• d p
,� CLERKS`PoLE' 1010967, O.P.R.J.C. \ \ a N
WS � LOT 3 \ \ '-
d z°v LOT 4 \\ CAZR \\ \ FOUND '6 E-� N
COMMENCING CAPPED WALTER J. KSIAZEK z
POINT �O \ IRON \ IRON R00
pp-.�I \ (CALLED N 89'57'05"E 237.0. \ FOR OFFSET REGISTERED PROFESSIONAL AND SIN2VE N0. 5321 Z.�OF W i`
FgJO C)U (CALLED N BD'S7'OS"E 309.96) }"u •a Tip fi W m
�A R6 Z N 89'56'52" E 310.02 \ N 89'57—— 237.04 \ \ y � T• 9
la s
POINT OF BEGINNING ffl OF_mATT.TDI�I
I VOL 2259,PG.35, D.R.J.C. \
CENTERLINE - (CALLED 0.248 ACRE) \ \ wM,TE1i J. K3•,�
10' MADE EXCLUSIVE 10' UTILITY EASEMENT \ W (s�
o I WATER LINE \ S ro\ i iJf/ \,p z
----EAST 360.19--------� \\ `a `��'��\ �./•`•-'•. tl'Q
Lt(---=—ilf—=--=--------� \ P Zhusl�
96.17 � 264.02 �•
�AP \\ :A TAP
W n I A \ B \ 4 ?�ell\
CENTERLINE \ a6 \ NUMBER DIRECTION DISTANCE
�. s\\ 10' WIDE EXCLUSIVE \ \ L1 EAST 22.00 4 y a o
W < \ WATER LINE \ \ L2 SOUTH 26.06 ; o a m
L3 N 51'33'36" E 22.24 ' ~
�"1 'n la a a W �'�►•\\?j \ \ L4 SOUTH 19.28 U oD m
O I� <11?\\� \ \ L5 N 44'59'01' W 62.51 W _
A$ XX
v
^I � �x\\ \ eA° W
2 u u� W
POINT OF TERMINATION KELLEY FAMILY INVESTMENTS, LTD. \\ \ \ o A
I CENTERLINE CLERKS FILE O. 2011039128,O.P.R.J.C. \\ \ \
F 10' MADE EXCLUSIVE (CALLED 8.244 ACRES) \\ \ �`2
WATER LINE r r
X�
---_--- x - ct a
FN 89'59'10" W 149.76\\ 8.06 I I EAST \ j°s
I \ ——————— 341.53 _——..� (4969 TAP \ � �+N\
I(CALLED1N 89-57-39-W ——= ————————— tP \ y0 ri
C \ �,
J (NEST 349.59 — 4�\ 9a o
I N 89'58'16" W TD ` q4\ N \\ m '
FOUND 5/8' °'4' \ \ 1 I\ 1 •
FOUND 3/8" IRON ROD 1DY, u u
IRON ROD IN I WESTPARK (CALLED N 00'02'58'W S
CONCRETE
PLAZA N 00'0717" E 'er \ \\ R�
VOL. 13,PG. 97, M.R.J.C. B5•00 650.55 w 0 so 100
S 89'56'15" W 682.08 \
SET 1/2" (CAVED S 89'57'39" W) FOUND 1/2" u^d
CAVED
SECTION ONE WESTPARK TOWNHOMES SECTION TWO IRON ROD
IRON ROD FOR OFFSET \ °y
VOL. 2,PG. 105, C.R.J.C, VOL. 2,PC. 124, C.R.J.C. \
0
MINIMUM� EAS 2612 024991
6 PGS
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT,KELLEY FAMILY INVESTMENTS, LTD,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. 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",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 2012.
GRANTOR:
KELLEY F 7e LY INVE TMENTS, LTD
By: ,
Printe ame: AU-1 '�4'
Title: ,� 14e--y� P'Wrcot-.
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BE ME, the undersigned au ori,�, on this day personally appeared
as �' of KELLEY FAMILY
IN ESTM S, LTD, 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 94-1 2012.
r
�,� LEM Y.SWTH
MY COMM S"EXPIRES
May 27,2018
otary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy-Engineering
P.O.Box 3827
Beaumont,TX 77704
FItU&Shipman '
INC.
Consulting Engineers and Land Surveyors
Ronald D.Fitt P.E.,R.P.LS.(1948-1987) Donald R.IGn&P.E.
Terry Q Shipman,P.E.,Chairman Walter).Ksiazek,R.P.LS.
Billy J.Smith,Jr.,President
EX]MIT"A",PAGE 1 OF 3
CENTERLINE DESCRIPTION
OF A
10'WIDE EXCLUSIVE WATER LINE EASEMENT
OUT OF THE
H.WHAJAM5 SURVEY,ABSTRACT 56
JEFFERSON COUNTY,TEXAS
JUNE 7,2012
That certain centerline description for a 10'wide exclusive water line easement, 5.0' on each side
of centerline, out of the H.Williams Survey, Abstract 56, and being out of a called 8.244 acre tract
conveyed to Kelley Family Investments, Ltd. as recorded in Clerks File No.201/039128 of the
Official Public Records of Jefferson County, Texas, said centerline being more particularly
described by the following courses and distances:
Note: Bearings are based on the west line of the said 8.244 acre tract having been called North
00 006'50" East 434.24 feet.
COMMENCING at a capped iron rod found in the east right-cf-way line of Major Drive for the
southwest comer of Lot 4 of Westpark Plaza, Unit 1, a plat recorded in Clerics File No. 2001010967
of the Official Public Records of Jefferson County, Texas and the northwest comer of the said
8.244 acre tract from which a capped iron rod found for the northwest corner of said Lot 4 bears
North 00 006'48" East 139.97 feet(called North 00 906'50" East 140.00 feet);
THENCE South 00°0650 West along the said east right-of-way line of Major Drive and the west
line of the said 8.244 acre tract a distance of 84.97 feet(called South 00°0650'West)to a point;
THENCE East a distance of 22.00 feet to a point in the east line of a called 0.494 acre tract for an
underground water line easement conveyed to the City of Beaumont as recorded in Volume 1823,
Page 483 of the Deed Records of Jefferson County, Texas for the POINT OF BEGINNING of the
said centerline of the 10'wide exclusive water line easement;
THENCE East along the said centerline, at a distance of 96.17 feet pass a point for the POINT OF
BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears South
26.06 feet, and continuing a total distance of 360.19 feet to an angle point;
THENCE South 38°2624' East continuing along the said centerline, at a distance of 82.97 feet
pass a point for the POINT OF BEGINNING of TAP B from which the POINT OF TERMINATION
F--dfz&Shilpman,Inc.
Page 1 of 2
Project No.12036T6Wesmt
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 3
of said TAP B bears North 51°33'36" East 22.24 feet,and continuing a total distance of 294.08 feet
to an angle point;
THENCE South continuing along the said centerline a distance of 75.13 feet to an angle point for
the POINT OF BEGINNING of TAP C from which the POINT OF TERMINATION of said TAP C
bears East 49.69 feet;
THENCE West continuing along the said centerline, at a distance of 341.53 feet pass a point for
the POINT OF BEGINNING of TAP D from which the POINT OF TERMINATION of said TAP D
bears South 19.28 feet, and continuing a total distance of 349.59 feet to an angle point;
THENCE North 44°59'01"West continuing along the said centerline a distance of 62.51 feet to an
angle point;
THENCE North 89 059'10'West continuing along the said centerline a distance of 149.76 feet to a
point in the said east line of the 0.494 acre track for the POINT OF TERMINATION of the said
centerline of the 10-wide exclusive water line easement.
This description is based on a survey and plat made by Fittz&Shipman, Inc. during June 2011.
Walter J. Kslazek i E OF lrt
Registered Professio Land Surve or No. 5321
e
R J. KSt�ZY~
Sul
fth
Fittz B Shipman,Inc.
Page 2 of 2
Project No. 12036T6Wesmt
Plat&Description
FOUND w LOT 1 it I WESTPARK P ZA EXHIBIT "A". PAGE 3 OF 3
'` suR+�EYOR's CERTIFICATION: �
CAPPED IRON ROD UNIT THAT THIS IS CERTIFY.CAURATTHE LAATTSOF �VEYY&DESCIVP710N MADE r� M Z
!� CLERKS 1010987.O.P.R.LC. Z \\ \\ ON THE OROUND UNDER MY SUPERVISION DURMC JUNE 2011. Gi `* o O
`fig LOT 4 \\ \ \ a fV
COMMENCING \ CAPPED \ \ FOUND
POINT p \ IRON Roo \ RI WALTER A KSIAZEK Z
FOUND S (CALLED N 89.57'05'E 309.96) \ (CALLED N 8957'05'E 237. \ FOR OFFSET REGISTERED PROFESSIONAL LAN RVEYOR Na 21
CAPPED z N 89'56'52' E 310.02 \ N 89'57'38" E 237.04 \
IRON ROD __
POINT OF BEGINNING a oFAi7G+iftt_" ——— .rt���apF�S WW tO
n I CENTERLINE vat-22YS9.P0.35.D.R.J.0 198.75 �\ *�„ l� �Le,,��
°f I 10' WADE EXCLUSIVE (CALLED 0.248 ACRE) \ �,p \ • �+Pti7* w
WATER LINE 10'uTtuTY EASEMENT \ •
____ EAST 360.19 \\ J' \ WALTlq J. K81AZL W
•
Ll(--98.17 � (----_----_��_� \ \ • 1 �r•� �
284.02 \d \ i \ • • a
c�v I
TAP \\\2\�
TAP \ ,'�sy�\ ! •abtltiY op
A m I� 6 s\ 10' NE \ �' \\ NUA�ER DIRECTION DISTANCE 6
EXCLUSIVE L1 EAST 22,00 q
}� Z `�♦\ WATER LUTE \ \
0 SouTN 26'06 rn
I O
`� e'•,.\\?� \ L3 N 51'33 38 E 22.24 p
m v g L4 SOUTH 19.28 U m
�' �'�\\ \ N 44'39'01 W 82.51 �C IT z wW
POINT EN TERMINATION KELLEY FAMILY INVESTMENTS, LTD. \\ \ goA
1 v CENTERLINE CLERKS FIE NO.2011039128,O.P.R.J.C. \\ ` W
10' WIDE EXCLUSIVE (CALLED 8.244 ACRES) \\ 1O
WATER LINE
_ __ 11 �,�,
I—N 89'59'10" W 148.78\\!s 8.08 ;��d 0.31 ( ` N �\ �,N� Q
\ ——— 341.53 EAST
I(CALLED N 89"57'39•W —————————————.J L48_89 TAP } ✓�"�x 3
138.1B) .d —
----------
G
N 89'58'18" W TAP 1MEST 349.59 ———— _ ' —" °�
+►
D a
FOUND 5/8" �� Q��`1
RONNROD N I I WESTPARK IRON ROD N�'
CONCRETE (CALLED !0"2'58'W {� ` .14
•
VOL 133.P0.97. .R.aC. N 8517" E 850.55
SET,i2- s(CALLED'S 8 W 882.08 so 0 N4
(CALLED S 89 -w)
"
IRON D SECTION ONE WESTPARK TOWNHOMES SECTION TWO FOUND INN ROD
( VOL 2.PC. 105,C.R.LC. VOL 2. PG 124.0.R.J.C. FOR OFFSET , ` g IL