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HomeMy WebLinkAboutRES 13-076RESOLUTION NO. 13-076 WHEREAS, Bill Little, President of LITWOOD, Inc., has agreed to convey one twenty (20) foot wide drainage easement, said easement being a 0.1645 acre tract out of the H. Williams Survey, Abstract 56, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of allowing the construction of a storm sewer outfall pipe for future development; 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 Bill Little, President of LITWOOD, 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. 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of April, 4 - Mayor Pro Tern Coleman - Fittz &Shipman Ronald D. Fittz, P.E., R.P.L.S. (1948 -1987) Terry G, Shipman, P.E., Chairman Billy). Smith, Jr,, President EXHIBIT A, PAGE I OF 3 CENTERLINE DESCRIPTION FOR A 20' WIDE DRAINAGE EASEMENT OUT OF THE H. WILLIAMS SURVEY, ABSTRACT 56 JEFFERSON COUNTY, TEXAS OCTOBER 3, 2012 Consulting Engineers and Lana Surveyors Donald R. King, P.E. Walter). Ksiazek, R.P.L.S. That certain centerline description for a 20' wide drainage easement out of the H. Williams Survey, Abstract 56, Jefferson County, Texas, being across the remainder of a called 10.64 acre tract conveyed to Litwood, Inc. as recorded in Clerks File No. 2010016837 of the Official Public Records of Jefferson County, Texas, said centerline description being more particularly described by following courses and distances: Note: The Basis of Bearings is an east line of a called 4.793 acre tract conveyed to Construction Equity, Inc, as recorded in Clerks File No. 2009020467 of the Official Public Records of Jefferson County, Texas having been called North 02 059'26" West 688.22 feet. COMMENCING at a DD#6 aluminum disk found in the south line of a tract conveyed to Delaware Extension Development Ltd. as recorded in Clerks File No. 200047669 of the Official Public Records of Jefferson County, Texas for the northwest corner of a called 4.579 acre tract conveyed to Jefferson County Drainage District No. 6 as recorded in Clerks file No. 2000044673 of the Official Public Records of Jefferson County, Texas and the northeast corner of the said 10.64 acre tract from which a' /z" capped iron rod set for the northeast corner of a called 4.580 acre tract conveyed to Construction Equity, Inc. as recorded in Clerks File No. 2011009231 of the Official Public Records of Jefferson County, Texas and the northwest comer of the said 10.64 acre tract bears South 87 015'38" West 308.72 feet (called South 87 013'32" West 308.72 feet); THENCE South 02 058'16" East along the west line of the said 4.579 acre tract and the east line of the said 10.64 acre tract a distance of 538.46 feet (called South 03 °02'05" East) to a point for the POINT OF BEGINNING of the said centerline from which a capped iron rod found for the southeast corner of the said 10.64 acre tract bears South 02 058'16" East 500.63 feet (called South 03 °02'05" East); THENCE South 87 001'44" West along the said centerline of the 20' wide drainage easement a distance of 258.11 feet to the PC of a curve; Fitts g Shipman, Inc. Page 1 of 2 Project No. 11034Litwoodesmt Plat & Description 1'x Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Lane) Surveyors Firm No. 100186 EXHIBIT "A" EXHIBIT A, PAGE 2 OF 3 THENCE along the said centerline of the 20' wide drainage easement with a curve to the right having a chord bearing of South 88 °42'34" West, a chord distance of 100.23 feet and a radius of 952.51 feet, a distance along the curve of 100.28 feet to a point in an east line of the said 4.580 acre tract and a west line of the said 10.64 acre tract for the POINT OF TERMINATION of the said centerline of the 20' wide drainage easement from which a '/x" capped iron rod set for the southeast corner of the said 4.580 acre tract and an interior corner of the said 10.64 acre tract bears South 02 059'16" East 141.07 feet (called South 02 °59'16" East). This Field Note Description is based on a survey performed by Fitz & Shipman, Inc. during 2010 and 2011. Plat & Description Walter J. Ksiazek r k �4 Registered Professional Land Surveyor No. 5321 /tl tG h 4 � .......... Plat & Description NLp �� ta e LV N N 10 01 N z CAPPED IRON ROD EXHIBIT "A "e PAGE 3 OF 3 NOW OR FORMERLY DELAWARE EXTENSION DEVELOPMENT LTD CLERKS FILE NO. 200047669. O.P.R.J.C. (CALLED S 877532` W) S 87'15'38_ W 617.44 308.72 �N r CONSTRUCTION EQUITY, INC. CLERKS FILE NO. 2MI009231 O.P.R.J,C. (CALLED 4.580 ACRES) SET I /2'- CAPPED IRON ROD POINT OF TERMINATION CENTERLINE 20' WIDE DRAINAGE EASEMENT SET 1/2' CAPPED IRON ROD 16 FOUN CAPPED IRON ROD WESTCHASE VILLAGE SECTION TEN CLERKS FILE tiD. 2012002468.. O.P.R.JC. (CA ED 1.939 ACRE! SET 1/2' CAPPED IRON ROD O N ch 3 308.72 COMMENCING POINT FOUND DD/6 ALUM DISK --� • REMAINDER OF LITWOOD, INC. CLERKS FILE Na 2010016837 O.P.R.J.C. 04 (CALLED 10.64 ACRES) O z FOUND CAPPED IRON ROD NUMBER DELTA IRADIUS IARC ICHORD ICHORD SEARING C1 06'01'56" 1952.51 1100.28 1100.23 IS 88'42 34 W SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF,�Cit$7Eh� THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION DURING 2010 AND 2011. �g wet ,� �: �6-JA�e� ��� .O r WALTER J. KSIAZEK St1RWEYO REGISTERED PROFESSI AL LAND SU YOR NO. 5321 O: \PROJECTS \11034 Westchase Sec 11 \TASK 1 \11034Es ts.d.q Mm 25, 2013 03:itpm AA nn A IAI A nc C- A C`c►ICAIT I SHEET NO. 1405 CORNERSTONE COURT, BEAUMONT. TEXAS i Or AI utONT, (409) 632 -7238 FAX (409) 832 EXHIBIT 11B" 11034A000 DAM 10 -3 -12 TASK 1 ti POINT OF BEGINNING = a v 4 " CENTERLINE 20' WIDE o DRAINAGE EASEMENT o w W O�Z�w W ui Cl S 87 01'44" W 256.11 o o s e f i a . CENTERLINE 20' WIDE DRAINAGE EASEMENT to M m REMAINDER OF LITWOOD, INC. SET 1/2' CLERKS FILE NO. 2010016637 O.P.R.J.C. CAPPED IRON ROD (CALLED 10.64 ACRES) FOUND CAPPED IRON ROD NUMBER DELTA IRADIUS IARC ICHORD ICHORD SEARING C1 06'01'56" 1952.51 1100.28 1100.23 IS 88'42 34 W SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF,�Cit$7Eh� THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION DURING 2010 AND 2011. �g wet ,� �: �6-JA�e� ��� .O r WALTER J. KSIAZEK St1RWEYO REGISTERED PROFESSI AL LAND SU YOR NO. 5321 O: \PROJECTS \11034 Westchase Sec 11 \TASK 1 \11034Es ts.d.q Mm 25, 2013 03:itpm AA nn A IAI A nc C- A C`c►ICAIT I SHEET NO. 1405 CORNERSTONE COURT, BEAUMONT. TEXAS i Or AI utONT, (409) 632 -7238 FAX (409) 832 EXHIBIT 11B" 11034A000 DAM 10 -3 -12 TASK 1 IIIIIIINIII�IIINIINIIIIIIIIIIIINillllllllilllllllllll Eps 2013011489 6 PG5 STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X DRAINAGE EASEMENT THAT, LITWOOD, INC., 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, Drainage Easements and the right to construct, alter, and maintain drainage improvements and appurtenances on the hereinafter described lands which said easements are under, over, in and across that certain tracts or parcels 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, and removing drainage structures, canals, ditches 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. TO HAVE AND TO HOLD the above described easements and right -of -way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this I day of �/^ �/ _ , 2013. GRANTOR: LITWOOD, INC. By: Printed Name: Bill Little Title: President ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the l day of , 2013, by Bill Little, President , of LITWOOD, INC., known to me to be the person an 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. r •� Notary Public, State of Texas IT RETURN TO: 0! -! t City of Beaumontr- •ry.:.+... Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 Fittz &Shipman INC Ronald D. Fittz, P.E., R.P.L.S. (1948 -1987) Terry C. Shipman, P.E., Chairman Billy J. Smith, Jr., President EXHIBIT A, PAGE 1 OF 3 CENTERLINE DESCRIPTION FOR A 20' WIDE DRAINAGE EASEMENT OUT OF THE H. WILLIAMS SURVEY, ABSTRACT 56 JEFFERSON COUNTY, TEXAS OCTOBER 3, 2012 Consulting Engineers and Land Surveyors Donald R. King, P.E. Walter J. Ksiazek, R.P.L.S. That certain centerline description for a 20' wide drainage easement out of the H. Williams Survey, Abstract 56, Jefferson County, Texas, being across the remainder of a called 10.64 acre tract conveyed to Litwood, Inc. as recorded in Clerks File No. 2010016837 of the Official Public Records of Jefferson County, Texas, said centerline description being more particularly described by the following courses and distances: Note: The Basis of Bearings is an east line of a called 4.793 acre tract conveyed to Construction Equity, Inc. as recorded in Clerks File No. 2009020467 of the Official Public Records of Jefferson County, Texas having been called North 02 °59'26" West 688.22 feet. COMMENCING at a DD#6 aluminum disk found in the south line of a tract conveyed to Delaware Extension Development Ltd. as recorded in Clerks File No. 200047669 of the Official Public Records of Jefferson County, Texas for the northwest corner of a called 4.579 acre tract .conveyed to Jefferson County Drainage District No. 6 as recorded in Clerks File No. 2000044673 of the Official Public Records of Jefferson County, Texas and the northeast corner of the said 10.64 acre tract from which a' /2" capped iron rod set for the northeast corner of a called 4.580 acre tract conveyed to Construction Equity, Inc. as recorded in Clerks File No. 2011009231 of the Official Public Records of Jefferson County, Texas and the northwest corner of the said 10.64 acre tract bears South 87°15'38" West 308.72 feet (called South 87 013'32" West 308.72 feet); THENCE South 02 058'16" East along the west line of the said 4.579 acre tract and the east line of the said 10.64 acre tract a distance of 538.46 feet (called South 03 002'05" East) to a point for the POINT OF BEGINNING of the said centerline from which a capped iron rod found for the southeast corner of the said 10.64 acre tract bears South 02 058'16" East 500.63 feet (called South 03 °02'05" East); THENCE South 87 °01'44" West along the said centerline of the 20' wide drainage easement a distance of 258.11 feet to the PC of a curve; Fittz & Shipman, Inc. Page 1 of 2 Project No. 110341-itwoodesmt 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 THENCE along the said centerline of the 20' wide drainage easement with a curve to the right having a chord bearing of South 88 042'34" West, a chord distance of 100.23 feet and a radius of 952.51 feet, a distance along the curve of 100.28 feet to a point in an east line of the said 4.580 acre tract and a west line of the said 10.64 acre tract for the POINT OF TERMINATION of the said centerline of the 20' wide drainage easement from which a' /2" capped iron rod set for the southeast corner of the said 4.580 acre tract and an interior corner of the said 10.64 acre tract bears South 02 059'16" East 141.07 feet (called South 02 059'16" East). This Field Note Description is based on a survey performed by Fitz & Shipman, Inc. during 2010 and 2011. Aj Walter J. Ksiazek Registered Professional Land Surveyor No. 5321 Fittz & Shipman, Inc. Page 2 of 2 Project No. 11034Litwoodesmt Plat & Description tPlIXTFP J fir . y 1. ..�. .... ;32 ry F oq w. *�o ° ti��1 t N O 0 CGo 00 O z 3 c0 w io 3 O m N x (V v, co r 0 'n N t0 O iv N O a) U5 z u') a N mo O J Q Z EXHIBIT "A"o PAGE 3 OF 3 NOW OR FORMERLY DELAWARE EXTENSION DEVELOPMENT LTD FOUND CLERKS FILE NO. 200047669, O.P.R.J.C. CAPPED IRON ROD (CALLED S 87'13'32" W) S 87'15'38" W 617.44 308.72 SET 1/2" CAPPED IRON ROD 8 CONSTRUCTION EQUITY, INC. CLERKS FILE NO. 2011009231 O.P.R.J.C. (CALLED 4.580 ACRES) SET 1/2 "- CAPPED IRON ROD POINT OF TERMINATION Jn CENTERLINE 20' WIDE _� DRAINAGE EASEMENT 3 t0 SET 1/2" CAPPED IRON ROD 16 CAPPED IRON ROD WESTCHASE VILLAGE SECTION TEN CLERKS FILE � 2012002458, O.P.R.J.C. (CA ED 1.939 ACRES) O Lo O 3 OD N 04 O ri COMMENCING POINT FOUND DD #6 ALUM DISK --\ 308.72 REMAINDER OF LITWOOD, INC. CLERKS FILE NO. 2010016837 O.P.R.J.C. (CALLED 10.64 ACRES) POINT OF BEGINNING CENTERLINE 20' WIDE DRAINAGE EASEMENT Cl S 87'01'44" W 258.11 CENTERLINE 20' WIDE DRAINAGE EASEMENT CO O REMAINDER OF to LITWOOD, INC. SET 1/2" CLERKS FILE NO. 2010016837 O.P.R.J.C. CAPPED (CALLED 10.64 ACRES) IRON ROD FOUND CAPPED IRON ROD U _ a; U a F- o rn L �Mw Or.W cno V pj w C7 a OoZo a° N O W h D = O O w cO En cfl z 00 uj NaV ul o��� af w V) U NUMBER I DELTA IRADIUS ARC ICHORD ICHORD BEARING C1 06'01'56" 952.51 100.28 100.23 S 88'42'34" W SURVEYOR'S CERTIFICATION: �.. OF T -r I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, �,• _ - THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE /q- ON THE GROUND UNDER MY SUPERVISION DURING 2010 AND 2011. •.. ........... WALTER J, ....................... • 532`I WALTER J. KSIAZEK REGISTERED PROFESSIO AL LAND SUR EYOR NO. 5321 0: \PROJECTS \11034 Westchase Sec 11 \TASK 1 \11034Esmts.dwg Oct 04, 2012 08:33am man 20' DRAINAGE EASEMENT SHEET NO. F�ttz�Sh�p INC. PROJECT NAME: LITWOOD, INC. 3 Consulting Engineers and Land.Surveyors H. WILLIAMS SURVEY, A -56 PROJECT NO. 1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS 11034.0000 (409) 832 -7238 FAX (409) 832 -7303 DATE: 10 -3 -12 1 TASK 1