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HomeMy WebLinkAboutRES 13-052RESOLUTION NO.13 -052 WHEREAS, Megas Enterprise, Inc. has agreed to convey a ten (10) foot wide exclusive water line easement, said easement being a 2207.7 square foot acre tract out of the C. Williams League, Abstract No. 59, 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 retail /commercial development at 5780 Walden Road; 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 Megas Enterprise, Inc., 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 26th day of February, 2013. {. VoWffe"Cky . . STATE OF TEXAS X COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, MEGAS ENTERPRISE, INC., 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. 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. Tile 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 collectively, the "Easement Rights ". 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 EXHIBIT "A" 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 that will interfere with Grantee's ability to exercise the Easement Rights. 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 , 2413. GRANTOR: MEGAS ENTERPRISES, INC. Printed Name: Steve Megas Title: Vice President ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared STEVE MEGAS as VICE PRESIDENT of MEGAS ENTERPRISES INC., known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that lie 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 , 2013. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 Fittz &Shipman INC. Ronald D. Fittz, P.[., R.P.LS. (1948 -1987) Terry G. Shipman, P.E., Chaintian Billy J. Smith, Jr., President Consulting Faagineers and Land surreyois Donald R. King, P.E. Walter J. Ksiazek, R.P.L.S. EXHIBIT "A ", PAGE 1 OF 2 CENTERLINE DESCRIPTION FORA 10' WIDE EXCLUSIVE WATER LINE EASEMENT OUT OF THE C. WILLIAMS LEAGUE, ABSTRACT 59 JEFFERSON COUNTY, TEXAS FEBRUARY 13, 2013 That certain centerline description for a 10' wide exclusive water line easement, 5' on each side of centerline, across of a called 1.152 acre tract conveyed to Megas Enterprises, Inc. as recorded in Clerks File No.2003008818 of the Official Public Records of Jefferson County, Texas, said centerline description being more particularly described by the following courses and distances: Note: Basis of Bearings is the west line of the said 1.152 acre tract having been called South 00 036'00" West 502.07 feet. COMMENCING at a 4" iron pipe found in the south line of a called 13.987 acre tract conveyed to M. J. Wright as recorded in Film Code 102 -86 -1444 of the Real Property Records of Jefferson County, Texas for the northeast corner of a called 2.074 acre tract conveyed to Shree Gayatri, Inc. as recorded in Clerks File No. 2001015332 of the Official Public Records of Jefferson County, Texas and the northwest corner of the said 1.152 acre tract; THENCE South 00 036'00" West along the east line of the said 2.074 acre tract and the west line of the 1.152 acre tract, at a distance of 442.46 feet pass a capped iron rod found for reference, and continuing a total distance of 472.07 feet to a point in the north line of a 30' wide drainage easement granted to Jefferson County Drainage District No. 6 as recorded in Volume 894, Page 375 of the Deed Records of Jefferson County, Texas; THENCE South 89 °14'03" East along the said north line of the 30' wide drainage easement a distance of 85.74 feet to a point for the POINT OF BEGINNING of the said centerline of a 10' wide exclusive water line easement; THENCE North 00 °38'38" East along the said centerline a distance of 220.77 feet to a point for the POINT OF TERMINATION of the said 10' wide exclusive water line easement. This d scription is ba d on a survey made by Fittz & Shipman, Inc. on February 4, 2013. / Walter J. Ksiazek jfJ{j�� �,`,.. ;• :. )` Registered Professional Land Surveyor No. 5321 : ��. ��. �; •.t, �. Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100186 rJ Fittz & Shipman, Inc, WALTER J. K&AZEK Page 1 of 1 Project No. 12003.0026 Plat & Description ........... 1405 Cornerstone Court Beaumont, Texas 77706 (b9xi' 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 2 NOW OR FORMERLY M. J. WRIGHT FILM CODE 102 -80 -1444, R.P.R.J.C. (CALLED 13.987 ACRES) (CALLED S 89'22'31" £ 100.00) S 89'13159" F 99.96 COMMENCING POINT FOUND 4'—j IRON PIPE NOW OR FORMERLY NOW OR FORMERLY SHREE GAYATRI, INC. MEGAS ENTERPRISES, INC. MEGAS ENTERPRISES, INC. CLERKS FILE 140. 20D1015332, CLERKS FILE NO. 2003008818, CLERKS FILE NO. 9601598, O.P.R.J.C. O.P.R.J.G O.P.R.J.C. (CALLED 5 115 ACRES) (CALLED 2.074 ACRES) (CALLED 1.152 ACRES) n o� o POINT OF o TERMINATION lz or, CENTERLINE # g �n $ c 10' EXCLUSIVE W x a o WATER LINE o0 EASEMENT w g °o �, 8 13NM i I 0 25 D m 4 ° CENTERLINE a(n 0 10' EXCLUSIVE WATER LINE { EASEMENT I I I E I SURVEYOR'S CERTIFICArON: 1 00 HEREBY CERTIFY, TO THE BEST OF MY KNOYA.EOGE n It I AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A I I SURVEY a DESCRIPTION MADE ON THE GROUND UNDER MY O SUPERVISION ON FEBRUARY 2013. WALTER J. KSIAZEK I I t7 i I REGISTERED PROFESSIONAL 0 SURVE N0. 5321 t I F \� Oi--. �"3:Q.. I I '= , GI's r. k•. POINT OF i I! y { 4 1.•; * e• FOUND CAPPED $EGiNNING i CENTERLINE I i 10' EXCLUSIVE i i ...............:......... ' Jf " INQI.iC. ;. e ................ t ••..; <.• fro IRON ROD WATER LINE q:4.1 �,i I I 1.• EASEMENT i 11� +• 4''-• S 8914'03" E 85.74 p JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 n VOL. 894. PC. 375, O.R.J.C. do J(5 USE AGREEMENT , CI.ERKS FILE N0. 1999013879. O.P. R.J.C. 5780 WALDEN ROAD ): \PROJECTS \12084 - Pork on Woldan \SLmwy \Tosk 7 \12OB4T7WtrLsmLDWG Fab 14. 2013 09: 05om Fittz&Shipman 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO. INC. PROJECT NAME: MEGAS ENTERPRISE. INC. 1 Comidnrs•ngbmm and Land Srweym 5780 WALDEN ROAD 1405 CORNERSTONE COURT, 13EAUTAONT. TEXAS BEAUMONT, TEXAS PROJECT NO. (409) 832 -7238 FAX (409) 832 -7303 DATE: 2 -13-13 12084TASK7 LWAII IIIIIIIIIIIIIIIIIIIIUIIIIINIIIIIIIIII�IIINIIIINII�IiII DD 2913007582 AePGS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, MEGAS ENTERPRISE, INC., 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. 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 collectively, the "Easement Rights ". 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 that will interfere with Grantee's ability to exercise the Easement Rights. 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 2— day of _f fy/ ell , 2013. Cf'�7:�ITi� MEGAS ENTERPRISES, INC. By: Printe ame: Steve Megas Title: Vice President ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared STEVE MEGAS as VICE PRESIDENT of MEGAS ENTERPRISES, INC., 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 12013. r Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 (iD Phyllis R. Helms 6399 Diane Street Port Arthur, T*xas 77640 My Commission Expires January 15, 2014 Fittz &Ship,man Ronald D. Fittz, P.E., R.P.L.S. (1948 -1987) Terry G. Shipman, P.E., Chairman Billy J. Smith, Jr., President Consulting Engineers and Land Surveyors Donald R. King, P.E. Walter J. Ksiazek, R.P.L.S. EXHIBIT "A ", PAGE 1 OF 2 CENTERLINE DESCRIPTION FORA 10' WIDE EXCLUSIVE WATER LINE EASEMENT OUT OF THE C. WILLIAMS LEAGUE, ABSTRACT 59 JEFFERSON COUNTY, TEXAS FEBRUARY 13, 2013 That certain centerline description for a 10' wide exclusive water line easement, 5' on each side of centerline, across of a called 1.152 acre tract conveyed to Megas Enterprises, Inc. as recorded in Clerks File No.2003008818 of the Official Public Records of Jefferson County, Texas, said centerline description being more particularly described b the following courses and distances: y Note: Basis of Bearings is the west line of the said 1.152 acre tract having been called South 00 °36'00" West 502.07 feet. COMMENCING at a 4" iron pipe found in the south line of a called 13.987 acre tract conveyed to M. J. Wright as recorded in Film Code 102 -86 -1444 of the Real Property Records of Jefferson County, Texas for the northeast corner of a called 2.074 acre tract conveyed to Shree Gayatri, Inc. as recorded in Clerks File No. 2001015332 of the Official Public Records of Jefferson County, Texas and the northwest corner of the said 1.152 acre tract; THENCE South 00 036'00" West along the east line of the said 2.074 acre tract and the west line of the 1.152 acre tract, at a distance of 442.46 feet pass a capped iron rod found for reference, and continuing a total distance of 472.07 feet to a point in the north line of a 30' wide drainage easement granted to Jefferson County Drainage District No. 6 as recorded in Volume 894, Page 375 of the Deed Records of Jefferson County, Texas; THENCE South 89 °14'03" East along the said north line of the 30' wide drainage easement a distance of 85.74 feet to a point for the POINT OF BEGINNING of the said centerline of a 10' wide exclusive water line easement; THENCE North 00 °38'38" East along the said centerline a distance of 220.77 feet to a point for the POINT OF TERMINATION of the said 10' wide exclusive water line easement. This description is b sed on a survey made by Fittz & Shipman, Inc. on February 4, 2013. alter J. Ksia"ze 'C�.�F .� P . , ��••' Q I B i $ ^ X54 Registered Professio al Land Su eyor No. 5321 ;��,�y� "`r CVs Fittz & Shipman, Inc. Page 1 of 1 Project No. 12003.0026 Plat & Description WALTER J. K81f42'cX a.................... ..,t . • 9 5321 s a �l9�• 're S :` •` •: 1405 Cornerstone Court - Beaumont, Texas 7770) 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 2 NOW OR FORMERLY M. J. WRIGHT FILM CODE 102 -86 -1444, R.P.R.J.C. (CALLED 13.987 ACRES) (CALLED S 89.22'31" E 100.00) S 8913'59" E 99.96 COMMENCING POINT J FOUND 4' IRON PIPE NOW OR FORMERLY MEGAS ENTERPRISES, INC. SHREE GAYATRI, INC. CLERKS FILE NO. 2003008818, CLERKS FILE NO. 2001015332, O.P.R.J.C. O.P.R.J.C. (CALLED 2.074 ACRES) (CALLED 1.152 ACRES) 5780 WALDEN ROAD NOW OR FORMERLY MEGAS ENTERPRISES, INC. CLERKS FILE NO. 9601598, O.P.R.J.C. (CALLED 5.1151 ACRES) ^o ON tV a to 30 O to R p Oo (V ° nm MV) O° 0 L J 0 0 25 50 S C A L E SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION ON FEBRUARY 4, 2013. WALTER J. KSIAZEK REGISTERED PROFESSIONAL D SURVEY 0. 5321 IQ: \PROJECTS \12084 — Park on Walden \Survey \Task 7 \12084T7WtrEsmt.DWG Feb 14, 2013 09:05am :` ..............• a WALTER J. KSIAZEK q 5321 %•a %!T SURVEv 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO. Fi lh Ipman 1 INC. PROJECT NAM: MEGAS ENTERPRISE, INC. ComulliW&Wncm and Land Swveyors 5780 WALDEN ROAD 1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS PROJECT N0. (409) 832 -7238 FAX (409) 832 -7303 DATE: 2-13-13 12084TASK7 POINT OF TERMINAT10N o r- CENTERLINE cV O ° cli 10' EXCLUSIVE K 3 j°n WATER LINE a ` EASEMENT Wo3 M. �= °o r 1 1 O N I I wo' II ° CENTERLINE 80 ^0 10' EXCLUSIVE WATER LINE I I EASEMENT I I I I I I OI 04 W I I I M I °I i of zl II POINT OF BEGINNING i I FOUND CENTERLINE CAPPED 10' EXCLUSIVE I IRON ROD WATER LINE EASEMENT E 85.74 _S_89'14'03" 30 WIDE EASEMENT 0 JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 M VOL. 894, PG. 375, D.R.J.C. & JOINT USE AGREEMENT CLERKS_ FILE NO. 1999013879, O.P.R.J.C. 5780 WALDEN ROAD NOW OR FORMERLY MEGAS ENTERPRISES, INC. CLERKS FILE NO. 9601598, O.P.R.J.C. (CALLED 5.1151 ACRES) ^o ON tV a to 30 O to R p Oo (V ° nm MV) O° 0 L J 0 0 25 50 S C A L E SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION ON FEBRUARY 4, 2013. WALTER J. KSIAZEK REGISTERED PROFESSIONAL D SURVEY 0. 5321 IQ: \PROJECTS \12084 — Park on Walden \Survey \Task 7 \12084T7WtrEsmt.DWG Feb 14, 2013 09:05am :` ..............• a WALTER J. KSIAZEK q 5321 %•a %!T SURVEv 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO. Fi lh Ipman 1 INC. PROJECT NAM: MEGAS ENTERPRISE, INC. ComulliW&Wncm and Land Swveyors 5780 WALDEN ROAD 1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS PROJECT N0. (409) 832 -7238 FAX (409) 832 -7303 DATE: 2-13-13 12084TASK7