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HomeMy WebLinkAboutRES 12-257 RESOLUTION NO. 12-257 WHEREAS, Mike Enterprises, Inc. and Singla Family Limited Partnership have agreed to convey a ten (10)foot wide exclusive water line easement, said easement being a 0.1333 acre tract out Lots 1 through Lot 7, Block 39, and part of an abandoned portion of Quincy Street and a 20'wide alley, Cartwright Terrace Addition located at 2949 College Street, 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 shopping center; 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 Mike Enterprises, Inc. and Singla Family Limited Partnership, as described in Exhibit "A" and shown on Exhibit "B," be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. 1 i - or Becky Ames - 44k% EXHIBIT"A" 0.1333 ACRE OF LAND FOR WATER LINE EASEMENT PURPOSES OUT OF AND A PART OF BLOCK 39, CARTWRIGHT TERRACE ADDITION, CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS BEING 0.1333 acre of land for exclusive waterline easement purposes out of and a part of Lots l through 7, Block 39, and part of an abandoned portion of Quincy Street and a 20' wide alley, recorded in File No. 1999020636, Official Public Records, Jefferson County, Texas, in the Cartwright Terrace Addition, City of Beaumont, recorded in Volume 3, Page 147,Map Records,Jefferson Comity,Texas; being part of a tract of land conveyed to Mike Enterprises, Inc. and The Singla Family Limited Partnership,recorded in File No. 2009005007, Official Public Records, Jefferson County, Texas; said 0.1333 acre tract being more fully described by metes and bounds as follows, to wit: COMMtNCING at a '/z" steel rod, capped and marked "SOUTEX", set for the Southeast corner of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract on the intersection of the North right of way line of a dedicated road name Gilbert Street and the West line of a 20' wide alley; having a State Plane Coordinate of N: 13967949.35, E: 3512871.06 THENCE, South 86 dcg., 42 min., 01 sec., West, (Plat Bearing assumed West), on the North right of way line of said Gilbert Street, same being the South line of said Mike Enterprises, Inc. and Singla Family Limited Partnership tract, a distance of 359.40' to a point for corner being the POINT OF BEGINNING and Southeast corner of the herein described tract; having a State Plane Coordinate of N: 13967928.66,E: 3512512.26; THENCE, South 86 deg., 42 min., 01 sec., West, continuing on the North right of way line of said Gilbert Street, same being the South line of said Mike Enterprises, Inc. and. The Singla Family Limited Partnership tract, a distance of 10.00' to a point for corner; from which a %z" steel rod, capped and marked "SOUTEX", set for the Southeast corner of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract on the Easterly line of an Atchison, Topeka,and Santa Fe Railroad 100' wide right of way bears South 86 deg.,42 min.,01 sec.,West, a distance of 126.29'; THENCE, North 03 deg., 12 min., 24 sec., West, a distance of 137.77' to a point for corner on the Easterly line of said railroad right of way, same being the Westerly line of said ]Make Enterprises,Inc. and The Singla Family Limited Partnership tract; THENCE,North 39 deg., 15 min.,42 sec., East,on the Easterly line of said railroad right of way, same being the Westerly line of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract, a distance of 270.36' to a /z" steel rod, capped and marked "SOUI'EX", set on the intersection of the Easterly line of said railroad right of way and the South right of way line of a dedicated road named College Street; said '/z" steel rod being the Northwest corner of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract and the Northwest corner of the herein described tract; THENCE, North 86 deg., 40 rnin., 47 sec., East, on the South right of way line of said College Street, same being the North line of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract,a distance of 13.58' to a point for corner; from which a EXHIBIT"A" Y2" steel rod, capped and marked "SOUTEX", set for the Northeast corner of said Mike Entcrpriscs, Inc. and The Singla family Limited Partnership tract bears North 86 deg.,40 min.,47 sec.,East,a distance of 172.73'; THENCE, South 39 del;., 15 min.,42 sec., West, 10' Southeasterly of and parallel to the Easterly line of said railroad right of way,a distance of 260.73' to a point for corner; THENCE, North 86 deg., 47 min., 09 sec., East, a distance of 167.09' to a point for comer; THENCE, South 03 deg., 12 min., 51 sec., East, a distance of 10.00' to a point for comer; THENCE, South 86 deg., 47 min., 09 sec., West, a distance of 177.17' to a point for corner; THENCE, South 03 deg., 12 min., 24 sec., East,a distance of 134.88' to the POINT OF BEGINNING and containing 0.1333 acre of land,more or less. Note: Bearings, distances, acreage and coordinates shown are based on State Plane Coordinate Grid System, Texas-South Central Zone, NAD 83, Scale factor = 0.999949171, Convergence Angle is 02 deg., 23 min., 32 sec. Reference monument is NGS AJ 8221 This description is based on the Land Survey made by Anthony M. Letter, Registered Profcssionai Land Surveyor No. 5481,on Octobcr 2,2012. City of Beaumont LS-12-0293E LINE TABLE NOTES: 0 100 1. COORDINATES, BEARINGS, DISTANCES & LINE 140. BEARING DISTANCE ACFifiAGE SHOwN ARE BASE ON STATE PLANE COORDINATE GRID SYSTEM, Lt S 86'42'01" w 10.00' TEXAS—SOUTH CENTRAL ZONE NAD 83. SCALE: 1" = 100' SCALE FACTOR: 0.999949171, 1.2 N 0312'24" W 137.77' CONVERGENCE ANGLE: 2'23'32", REFERENCE MONUMENT NGS AJ8221 1.3 N 39'15'42 E 270.36' 2. METES AND BOUNDS DESCRIPTION TO ACCOMPANY SURVEY OF EVEN DATE. L4 N 86'40'47" E 13.58' L5 S 39'15'42" W 260.73' L6 N 86'47'09" E 167.09' L7 S 03'12'51" E 10.00' 1.8 S 86.47'09" W 177.17' L9 S 0312'24^ E 134.88' COLLEGE STREET ( R.O.W. VARIES ) ASP14ALT PAVEMENT L10 N 03'37'15" W 60.00' L4 SOUTH R.O.W.LINE N 86'40'47" E 172.7 0.1333 ACRE OF LAND PART OF LOTS 1,2,4,7 do THE { Z I `' —1 F ABANDONED ALLEY BLK. 39 l I CARTWRIGHT TERRACE ADDI1bN d JEFFERSON COUNTY, TEXAS Z9 X d a� W (4 1 �' x a� x L6 FRO s , -PPor° L8 Q°F �NO� 1 0 a ti O y 6 N P��P `• $4�/ I `S+ � N `'% b 6 PLAT BEARING ASSUMED WEST 1 I S 86'42'59" W C4 a S 86'420_1" W 359.40'NORTH R.O.W. 160.03' _ a s BFi 42'Ut" w Lt POINT OF POINT OF 0 126.29' BEGINNING GILBERT STREET COMMENCING o N:13967928,66 FORMERLY "WASHINGTON STREET" N:13967949.35 =1 E-3512512.26 ( 60' R.O.W. ) E:3512871.06 F`"i I 1 �$ 86'44'36" W 459.64' 0 I FOUND 1/2" N FOUND 1" I-- I I` N:1396 872`52 LAJ STEEL-56 N:1396 8983 63 W I I E:3512575.72 I ( o l G E:3513034.62 I (n I 4 o I N I U 0 Io L �. K�35 a vt I f I If ® = SET 1/2" STEEL ROD CAPPED "SOUTEX" N E; p = POINT FOR CORNER N 4. EXCLUSIVE WATER LINE EASEMENT — 0.1333 ACRE OF 12-0993E;:a1 L; „. ( 3731 Docdc+r.Draw LAND, PART OF LOTS 1,2.4.7 & INE ABANDONED �T t fort Arthur.T�sas 771542 TERRACE AND QUINCY STREET. BLK. 39. CARTWRIGHT v:- l0' TERRACE ADDITION, VOL. 3, PG. 147, i q n = Tel,409.95 3.2004 MAP RECORDS JEFFERSON COUNTY TEXAS ...+".9. tJVEYORS FNGf. S I+IEER,' Fax.409.983.2003 r CITY OF BEAUMONT T. CHASE C -y�:i� an,#exs"r>'cyoracom .+�C'U:fJY'6, > SOt MAIN STREET, SUITE '200 x°•�t- j fE.P.G RAM/+,795 �G:Zl'_....'"�`-- X. r.xt_s.FIRM not23000 oaarsas a BEAUMONT. TEXAS 77704 ; cf I EXHIBIT "B" 118l NIIIII1811�INN8INI��IIIINIBNIi�NN EAS 2012040604 7 PGS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, MIKE ENTERPRISES AND SINGLA FAMILY LIMITED PARTNERSHIP,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 assi s forever. EXECUTED this day of � ' 2012. GRANTORS: MIKE ENTERP ES It L By/- Jjl Name: Title: SINGLA FAMILY LIMITED PARTNERSHIP By: Printed Name: k S Title: ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the underassi d 'authority, on, this day personally appeared W P of MIKE ENTERPRISES, known to me to be the person and officer w se 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 ItthyW, 2 ROXAN=SANDOVAL NoSTATMy Comm Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X B O ME the undersigne authority, on this day personally appeared Gt as �4/1�afNl of SINGLA FAMILY LIMITED PARTNE SHIP, 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 Vday oft))l 012. ROXAN14 yANDOVAL ., Nnta��yy Public STATE 6F'TEXAS My Comm.Exp. !22,2013 Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O. Box 3827 Beaumont, TX 77704 EXIHEIT`A'9 0.13033 ACR GF LAN D FOR WATER LINE EASEMENT PURPOSES OUT OF AND A PART OF BLOCK 39, CARTWRIGHT TERRACE ADDITION, CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS BEING 0.1333 acre of land for exclusive waterline easement purposes out of and a part of Lots 1 through 7, Block 39, and part of an abandoned portion of Quincy Street and a 20' wide alley, recorded in File No. 1999020636, Official Public Records, Jefferson County, Texas, in the Cartwright Terrace Addition, City of Beaumont, recorded in Volume 3,Page 147,Map Records, Jefferson County,Texas;being part of a tract of land conveyed to Mike Enterprises, Inc. and The Singla.Family Limited Partnership, recorded in File No. 2009005007, Official Public Records, Jefferson County, Texas; said 0.1333 acre tract being more fully described by metes and bounds as follows,to wit: COMMENCING at a t/Z" steel rod, capped and marked "SOUTEX", set for the Southeast corner of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract on the intersection of the North right of way line of a dedicated road name Gilbert Street and the West line of a 20' wide alley; having a State Plane Coordinate ofN: 13967949.35,E: 3512871.06 THENCE, South 86 deg., 42 min., 01 sec.,West, (Plat Bearing assumed West), on the North right of way line of said Gilbert Street, same being the South line of said Mike Enterprises, Inc. and Singla Family Limited Partnership tract, a distance of 359.40' to a point for corner being the POINT OF BEGINNING and Southeast corner of the herein described tract;having a State Plane Coordinate of N: 13967928.66,E: 3512512.26; THENCE, South 86 deg., 42 min_, 01 sec., West, continuing on the North right of way line of said Gilbert Street, same being the South line of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract, a distance of 10.00' to a point for comer; from which a %" steel rod, capped and marked "SOUTEX", set for the Southeast corner of said Mike Enterprises, Inc.. and The Singla Family Limited Partnership tract on the Easterly line of an Atchison, Topeka, and Santa Fe Railroad 100' wide right of way bears South 86 deg., 42 min.,01 sec., West,a distance of 126.29'; THENCE, North 03 deg., 12 min., 24 sec., West, a distance of 137.77' to a point for corner on the Easterly line of said railroad right of way,same being the Westerly line of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract; THENCE,North 39 deg., 15 min.,42 sec., East, on the Easterly line of said railroad right of way, same being the Westerly line of said Mike Enterprises, Inc, and The Singla Family Limited Partnership tract, a distance of 270.36' to a '/2" steel rod, capped and marked "SOUTEX", set on the intersection of the Easterly line of said railroad right of way and the South right of way line of a dedicated road named College Street; said '/2" steel rod being the Northwest corner of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract and the Northwest corner of the herein described tract; THENCE, North 86 deg., 40 min., 47 sec., East, on the South right of way line of said College Street, same being the North line of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract, a distance of 13.58' to a point for corner;from which a V2" steel rod, capped and marked "SOUTEV, set for the Northeast corner of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract bears North 86 deg.,40 min.,47 sec., East,a distance of 172.73'; THENCE, South 39 deg., 15 min., 42 sec., West, 10' Southeasterly of and parallel to the Easterly line of said railroad right of way,a distance of 260.73' to a point for corner; THENCE, North 86 deg., 47 min., 09 sec., East, a distance of 167.09' to a point for corner; THENCE, South 03 deg., 12 min., 51 sec., East, a distance of 10.00' to a point for corner; THENCE, South 86 deg., 47 nun., 09 sec., West, a distance of 177.17' to a point for corner; THENCE, South 03 deg., 12 min.,24 sec.,East,a distance of 134.88'to the POINT OF BEGINNING and containing 0.1333 acre of land, more or less. Note: Bearings, distances, acreage and coordinates shown are based on State Plane Coordinate Grid System, Texas-South Central Zone, NAD 83, Scale Factor = 0.999949171, Convergence Angle is 02 deg., 23 min., 32 sec. Reference monument is NGS AJ 8221 This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481,on October 2, 2012. City of Beaumont LS-12-0293E F r i LINE TABLE NOTES: 0 100 1. COORDINATES, BEARINGS, DISTANCES & UN£ 140. BEARING DISTANCE ACREAGE SHOWN ARE BASE ON STATE PLANE COORDINATE GRID SYSTEM, Lt 5 86'42'01" W 10.00' TEXAS-SOUTH CENTRAL ZONE NAD 83. SCALE: 1" = 100 SCALE FACTOR: 0.999949171, L2 N 03'72'24' W 137.77' CONVERGENCE ANGLE: 2'23'32", REFERENCE MONUMENT NGS AJ8221 L3 N 39'15'42" E 270.36' 2. METES AND BOUNDS DESCRIPTION TO ACCOMPANY SURVEY OF EVEN DATE. L4 ( N 86'40'47" E 13.58' L5 S 39'15'42" W 260.73' L6 N 86'47'09" E 167.09' L7 S 03'12'51" E 10.00' L8 S 86'47'09" W 177.17` L9 S 03'12'24" E 134.88' COLLEGE STREET L10 N 03'37'15" W 60.00' ( R.O.W. VARIES ) ASPHALT PAVEMENT L4 SOUTH R.O.W. LINE — — -- N !86'40'47" E 172.73' — — 0.1333 ACRE OF LAND 1 I II t PART OF NETS 1,2.4.7 & THE ABANDONED ALLEY, BLK. 39 as CARTWRIGHT TERRACE ADDITION �3 r JURSON COUNTY, TEXAS '4j �ti� rj� d V (za vim a rn - WO — � Uo 1 W 088 L — i �W I WpS $ I N I H Q�Q L8 I J OZ 00 L8 w c� O 4, �0 i O cli M N ,/� ° 6 PLAT BEARING ASSUMED WEST 1 S 86.42.59" W a o S 8642'01_ W 359.40'NORTH R.D.W. LINE �� 160.03' 6 S 8642'01' w L1 POINT OF — — ° 126.29' BEGINNING GILBERT STREET COMMENCING o N•13967928.66 FORMERLY "WASHINGTON STREET" 3 N;13967949.35 a E.3512512.26 ( 60' R.O.W. ) �.3 / E:3512871.06 N I I � I _S 86 44'36 w 459.64r — --7/ FOUND 1" o E- STEEL PIPE N FOUND 1/2"EAJ STEEL ROD L i I I NE:3512575.72 Li 9 2575.72 i I 3 I �6 N:13967 83.63 31 o o O G E:3513034.62 � o poi I = vl B L C K 35 J� 0 N ( ( I N • = SET 1/2" STEEL ROD CAPPED "SOUTEX" E Q = POINT FOR CORNER z7 w EXCLUSIVE WATER LINE EASEMENT — 0.1333 ACRE OF 1—0293E p e 373"r Doctc�I'Jriw LAND. PART OF LOTS 1,2,4.7 do THE ABANDONED 7" = i 00' d 1 ,� Parf lrtbur,Texas 77642 ALLEY AND QUINCY STREET, HLK. 39, CARTWRIGHT ;;art /j Tel.409.933.2004 TERRACE ADDITION, VOL 3. PG. 147, 10/1/12 75 // K MAP RECORDS JEFFERSON COUNTY TEXAS .SFr e+ SURVEYORS rrr fNG Fax.409.983.2003 T. CHASE CITY OF BEAUMONT > sonfexsnrvoyoraccun 5Z" gv FlRM/5755 801 MAIN STREET, SUITE 200 A dL X L.XL&F3RM Cq"75RWO BEAUMONT, TEXAS 77704 1 r_r 1