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HomeMy WebLinkAboutRES 12-258 RESOLUTION NO. 12-258 WHEREAS, Mike Enterprises, Inc. and Singla Family Limited Partnership have agreed to convey a ten (10) foot wide sanitary sewer easement, said easement being a 0.0370 acre tract out of and a part of an abandoned 20' wide alley in Block 39, 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 sanitary sewer 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. y CPOr Beck roes ���Alkv, EXL41BIT"A" 0.0370 ACRE OF LAND FOR SANITARY SEWER EASEMENT PURPOSES OUT OF AND A PAI2'I' OF BLOCK 39,CARTWRIGHT TERRACE ADDITION, CITY OF BEALMONT, JEFFERSON COUNTY,TEXAS BEING 0.0370 acre of land for exclusive sanitary sewer casement purposes out of and a part of an abandoned alley in Block 39, 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, es and bounds as follows, tract being more full described by tnet • • id 0.0370 acre 8 Y Texas said to wit: COMMENCING at a ''/z". steel rod, capped and marked "SOU'fEX", 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 named 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 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 The Singla Family Limited Partnership tract, a distance of 343.49' 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: 13967929.58, E: 3512.528.14; 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 being the Southwest corner of the herein described tract; from which a '/z" steel rod, capped and marked "SOUTFX", 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 Sante Fe Railroad 100' wide right of way bears South 86 deg;., 42 min., 01 sec.,West,a distance of 142.20'; THENCE, North 03 deg., 00 min., 44 sec., West, a distance of 155.70' 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; said point for corner being the Northwest comer of the herein described 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 14.87' to a point for corner being the Northeast. corner of the herein described tract; from which a ''/s" steel rod, capped and marked "SOUTEX", set for the Northwest corner of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract an 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 bears North 39 deg;., 15 min., 42 sec., Fast,a distance of 231.16'; EXHIBIT "A" THENCE, South 03 deg,, 00 min.,44 see., East, a distanec of 166.65' to the POINT OF BEGINNING and containing 0.0370 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 AJ8221. 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-12-0293E2 - ---� 140TES: 0 100 LINE FABLE 1. ACREAGE SHOWN BEARINGS, DISTANCES & ill ACREAGE SIiQWN ARC BASE ON STATE LINE N0, BEARING DISTANCE PLANE COORDINATE GRID SYSTEM, TEXAS–SOUTH CENTRAL ZONE NAD 83. SCALE: 1" = 100' L1 S 86'42'01" W 10,00' SCALE FACTOR: 0.999949171, L2 N 03'00144" W 155.70' CONVERGENCE ANGLE: 2'23'32", REFERENCE MONUMENT NOS AJ8221 L3 N 3915'42" E 14.87 2• METES AND BOUNDS DESCRIPTION TO ACCOMPANY SURVEY OF EVEN DATE. L4 S 03'00'44" E 166.65' L5 N 03'37'15" W 60.00' COLLEGE STREET ( R.O.W. VARIES ) ASPHALT PAVEMENT _ SOUTH ROW UNE _ N 86'40'47" E 186.31 - 0.0370 ACRE OF LAND _� PART OF THE ABANDONED ALLEY. BLK. 39 CARTWRIGHT TERRACE ADD17ION JEFFERSON COUNTY, TEXAS �� _- a _4 614 Ira All, a o; m N <O 4 �O / I A 0 ro G �O N Qy'l4�/ 6 � •I � � r 6 PLAT SEARING ASSUMED WEST 1 S 86'42'59- W 6 / NORTH R.4 VV. LINE S 6642'01" W 343.49' _ 160.03, _ o S ti6'42'01" W A14 POINT DF POINT OF 142.20' BEGINNING GILBERT STREET COMMENCING cin N:13967929.58 FORMERLY "WASHINGTON STREET" N:13957949.35 –' v / �-- E:3512528.14 ( 60' R.O.W. ) E:3512871.06 ui _T { I �S 86'4' '3fi" W 459.64' t FOUND — 2 l oN FOUND 1" h / STEEL 2.52 w S6 N:13 678983.63 Lu N:E:3562575.72 ` ( 3 G 4- E:3513034,62 Q CD 8 L C K 35 cy I I N ! N SET 1/2" STEEL ROD CAPPED "SOUTEX" N n Q = POINT FOR CORNER N %^ 12-0293E2 v EXCLUSIVE SANITARY SEWER EASEMENT W, 3737 Doator.Drive 0.0370 ACRE OF LAND, PART OF THE ASANDONEO Q �; Pori Arthur,To=s 77(A2 ALLEY(F.# 1999020636, O.P.R.J.C.), SLK. 39 w.rt r CARTWRIGHT TERRACE ADDITION, VOL. 3. PC. 147, 10/3/12 To1.409.983.2004 w,—�or Ujr. r SURN-EYORS tr FN(G,; R' F-40).953.2005 n CITY OF BEAUMONT � ur rF > ?s �, awdexsrnroyors.ax,m /. j cB.p.f.nttM gsTSS 801 MAIN STREET, SUITE 200 T.x.-S FIRM 10123600 *Mrsl0.`T1m BEAUMONT, TEXAS 77704 X EXHIBIT "B" . r IIIIIIIIINIIINIIIIIIINNNININNINII�INIIIIINIiII EAS 2012040938 8 PG5 STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SANITARY SEWER EASEMENT THAT, MIKE ENTERPRISES AND SINGLA FAMILY LIMITED PARTNERSHIP ,of the County of Jefferson, State of Texas, hereinafter called "GRANTORS", 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, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Sanitary Sewer Easement and the right to construct, alter, and maintain said sanitary sewer line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTORS 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,removing sanitary sewer 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 tract 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 I 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. GRANTORS: MIKE ENTER RIS 1 By:Z/ Printed Name: v e Title: SINGLA FAMILY LIMITED PARTNERSHIP By: '� Printed Name: —4 7 k . S rL S 4-f' Title: • f ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X i EFFO MF the undearsign authority, on this day personally appeared Ai i 4_ of MIKE ENTERPRISES, 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 V�iay of Wee W12012. ROX�ANA SANDOVAL Notaiv Public MySCoiruri.Exp.Ap 2X2013 Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X BEF RE ME, the undersign" authority, on this day personally appeared Q a. in 4iio ff of SINGLA FAMILY LIMIYftED ARTNERS P, known to me to b 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 i aa(2012. R©XgNA�{Aa�Sr AN�DOVAL STATE OF TEXAS My .Exp.W 22,2013 Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O. Box 3827 Beaumont, TX 77704 THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT"A" 0.0370 ACRE OF LAND FOR SANITARY SEWER EASEMENT PURPOSES OUT OF AND A PART OF BLOCK 39, CARTWRIGHT TERRACE ADDITION, CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS BEING 0.0370 acre of land for exclusive sanitary sewer casement purposes out of and a part of an abandoned alley in Block 39,recorded in File No. 1999020636, Offcial 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 0.0370 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a ''/2". 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 named 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 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 The Singla Family Limited Partnership tract, a distance of 343.49' 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: 13967929.58, E: 3512528.14; 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 being the Southwest corner of the herein described tract; from which a '/2" 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 Sante Fe Railroad 100' wide right of way bears South 86 deg., 42 min., 01 sec., West,a distance of 142.20'; THENCE, North 03 deg., 00 min., 44 sec., West, a distance of 155.70' 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; said point for corner being the Northwest corner of the herein described 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 14.87' to a point for corner being the Northeast corner of the herein described tract; from which a `/z" steel rod, capped and marked "SOUTEX", set for the Northwest corner of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract 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 bears North 39 deg_, 15 min.,42 see,,East,a distance of 231.16'; THENCE, South 03 deg., 00 min.,44 sec., East, a distance of 166.65' to the POINT OF BEGINNING and containing 0.0370 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 AJ8221. 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-12-4293E2 NOTES: O 100 LINE TABLE 1, COORDINATES, BEARINGS, DISTANCES & ACREAGE SHOWN ARE RASE ON STATE LINE NO. BEARING DISTANCE PLANE COORDINATE GRID SYSTEM, 11111 lit. lill TEXAS-SOUTH CENTRAL ZONE NAD 83. SCALE: 1 = 100' U 5 $6'42'01" W 10.Ofl' SCALE FACTOR: 0.999949171, L2 N 03'00'44" W 155.70' CONVERGENCE ANGLE: 2'23'32', `J REFERENCE MONUMENT NGS AJ8221 j L3 N 39'75'42' E 14.87' 2• METES AND BOUNDS DESCRIPTION TO ACCOMPANY SURVEY OF EVEN DATE. 1J L4 S 03'00'44" E 16£.63' L5 N 03'37'15" W 60:00' COLLEGE STREET ( R.O.W. VARIES ) ASPHALT PAVEMENT _ SOUTH R.O.W. LINE N '6'47" E 186.31 — 0.0370 ACRE OF LAND _ PART OF THE -1 F — ABANDONED ALLEY. BLK. 39 F5 CARTWRIGHT TERRACE ADDITION ti�1 �o U �� JEFFERSON COUN'T'Y. TEXAS - f�h o vied E– O fl� 3 j a _� L `2 W P OP W> o f OQ�P�1 Q_i i ti o e lb LL. E Gam\ i f 6 PLAT BEARI NIG ASSUMED WEST 'I I S 86'4259' W ° / NORTH R.w. LINE S 86'42'01' W 343.4V _ 160.03' — o s 86'42b1" W L1 POINT OF — POINT OF 142.20' BEGINNING GIL "'WA STREET COMMENCING ° N:13967929.58 FOR "WASHINGTON STREET" N:13967949.35 -7 _ E:3512871.06 Cli E:3512528.14 ( 60` R.O.W. ) M / I _T 86'44'36'—W 459.64' — 04 FOUND I" c° FOUND T 1 }, STEEL PIPE LJ _ 6 STEEL ROD ! LwiJ I NE:35112575.72 ( 1?;-: N. E:513034.62 i 6 5 —� BUCK 35 o C7 N I SET 1/2" STEEL ROD CAPPED "SOLITEX" C'V o = POINT FOR CORNER N Ln I— EXCLUSIVE SANITARY SEWER EASEMENT 12--0293E2 � 3737 Doctors IkicQ 0.0370 ACRE OF LAND, PART OF THE ABANDONED ^xut .•' ALLEY F. 1 1 s 100 tr � Pori Arthur,T.as 77(542 if 999020635. O.P.R.J.C.). BLK. 39 _r¢ tl CARTWRIGHT TERRACE ADDITION, VOL 3, PG. 147 10/3/ 12/ c .?! TeL 409.983.2004 R ua.—nY 7. a k=:P SIJRvEYOF.S&ENG Fax.409.983.2005 CT CITY OF BEAUMONT ,— HAS � y smtozsttr egonc om - T.B.P,E.FlRN p5755 $01 MAIN STREET, SUITE 200 fit�;L X TXLS.FlrtM#10%23800 mam png BEAUMONT. TEXAS 77704 I