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HomeMy WebLinkAboutRES 13-206 RESOLUTION NO.13-206 WHEREAS, Spindletop MHMR Services has agreed to convey one(1)ten foot(10') wide exclusive water line easement, said easement being a 0.1197 square foot acre tract out of the David Brown Survey, Abstract No. 5, as described in Exhibit 1" and shown on Exhibit "2," attached hereto, to the City of Beaumont for the purpose of facilitating the construction of the new Spindletop 811 Center located at 2750 South 8`h Street; 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 Spindletop MHMR Services, as described in Exhibit "1" and shown on Exhibit "2," 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 24th day of September, 2013. - Mayor EWcky Ames - l�e� /f STATE OF TEXAS X KNOW ALL MIN BY TI IE'SE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, SPINDLETOP MHMR SERVICES 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. 0. 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 purposcs. 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 EXHIBIT 1" 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 basement Property, TO HAVE AND TO 140LD the above described easement and right-of-way unto the said CFTY OF1313AUMONT, its successors and assigns forever. FXECUTE-D this day of-,-, 2013. GRANTOR: SPINDLETOII MHMR SERVICES By: Panted Name: ACKNOWLEDGMENT STATE OF TEXAS X COUNTY Of JE'FFFR-SON X BEFORE ME, the undersigned authority, on this day personally appeared of"SPINDLETOP MHMR SERVt.CES, know-at to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the sane as the act of such corporation for the PUrpOSCS and consideration therein expressed and in the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OHICE, this—day of 2013. Notary Public, State of Texas RETIJRN TO: City of Beaumont Antoinette Hardy- Engineering P. O. Box 3827 Beaumont,TX 77704 Fittz&Shipman INC. Consulting Engineers and brand Surveyors lRonald D.Fittz,P.E.,R.P.L.S.J948-1987) Donald R.King,P.E. Terry G.SM'rman, P.E.,Oa'nnan 1Nal(er J. Ksiazek,R.P.L.S. Billy 1.Smi?h,Jr.,President EXIIII3IT A, PAGE 1 OF 3 CENTERLINE DESCRIPTION FOR A 10' WIDE EXCLUSIVE WATER LINE EAEMENT OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS AUGUST 20,2013 That certain centerline description for a 10' wide exclusive water line easement out of the David Brown Survey, Abstract 5, Jefferson County, Texas, being across a called 1.876 acre tract described in a Deed of Trust between Spindletop Housing Corporation and Department of Housing and Urban Development as recorded in Clerks File No. 2013024175 of the Official Public Records of Jefferson County, Texas, said 1.876 acres being more particularly described by metes and bounds as follows: Note: Bearings are based on the east line of the said 1,876 acre tract being South 329.99 feet. COMMENCING at a capped iron rod found at the intersection of the west line of a 45' wide drainage easement and the south right-of-way line of Roberts Street for the northeast corner of the said 1.876 acre tract from which a capped iron rod found for the southeast corner of the said 1.876 acre tract bears South 329.99 feet (called South 329.99 feet); THENCE North 89°59'25"West along the said south right-of-way line of Roberts Street and the north line of the said 1.876 acre tract a distance of 58.48 feet (called North 89°59'25" West) to a point for the POINT OF BEGINNING of the said centerline of the 10' wide exclusive water line easement from which a '/" iron rod found for the northeast corner of a tract conveyed to Rena Robinson Reed as recorded in Clerks File No. 9819596 of the Official Public Records of Jefferson County, Texas and an exterior corner of the said 1,876 acre tract bears North 89 059'25" West 54.12 feet (called North 89°59'25" West); THENCE South along the said centerline of the 10'wide water line easement a distance of 264.42 feet to an angle point; Fittz &Shipman, Inc. Page 1 of 2 Project No. 12030WtrEsmt 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 West along the said centerline of the 10' wide water line easement, at a distance of 34.41 feet pass a point for the POINT OF BEGINNING OF TAP A, from which the POINT OF TERMINATION of said TAP A bears North 13.00 feet, at a distance of 175.91 feet pass a point for the POINT OF BEGINNING OF TAP B, from which the POINT OF TERMINATION of said TAP B bears North 13.00 feet, and continuing a total distance of 241.21 feet to a point in the east right-of-way line of S. 8t" Street and the west line of the said 1.876 acre tract for the POINT OF TERMINATION of the said 10' wide exclusive water line easement from which a 1/" iron rod found for the southwest corner of the said 1.876 acre tract bears South 00 002'50" West 65.82 feet (called South 00°02'50" West); This description is based on a survey made by Fittz & Shipman, Inc. during April 2013. l Waiter J. Ksiazek Registered Professional Land Su or No. 5321 Fittz Shipman,Inc. Page 2 of 2 Project No. 12030WtrEsmt Plat& Description KUM A. PAGE 3 OF 3 FOUND I ROBERTS STREET COMMENCING IRON PIPE FOuND 1/2" (ASPHALT ROW) POINT --FOUND 5/8- IRON ROD FOUND (CALLED 5 �89'5�B'01' E 7517) IRON ROD (CALLED IN '89-59-25- W 112.60) CAPPED S 89,58r01" E 75.17 �N89*59'25" W 112.60 IRON ROD 5 1 -474 1 54.12 58.48 94S WT (CALLED 5 89'4S44- POINT OF BEGINNING RENA ROBINSON REED I CENTERLINE CLERKS FILE NO 9819590, O.P.R.J.C. 10' WIDE EXCLUSIVE WATER LINE o 04>e EASEMENT ul c� uj p 0 C14 7 Z FOUND-- FOUND I E- CAPPED CAPPED FOUND ,/Z- IRON ROD IRON ROD FOUND CAPPED IRON ROD IRON OD ( .. I (CA�ED N 89'43'46" 1, 112.53) ml 8 N 89*431'46' E 112.53 Asa E-H OF Gq­y BEACMOWT 5'SEWER EASEMENT o VOL. 810. PG. 464, D.R.J.C. K co L 0 T LO 1-01 8 Lo -J 1 7 1 I I to co FOURTH SIREE! ACRES Aut)I TION I CD VOL, 6. PG. 99,M.R.J.C. m 1.876 ACRES < 0 0. P b 0 Z 65.30 141.50 4 41-J L 0 —POINT WEST 241.21 OF I-CENTERLINE TERMINATION 10' WIDE N CENTERLINE co EXCLUSIVE t6 10' WIDE WATER LINE to EXCLUSIVE FOUND 1/2° FOUND ASEMENT D WATER LINE IRON ROD 0 ED EASEMENT 224.72 DO 02 LE��� 1�� 5 '57'17' W 299.74 (CALLED S 89-57'17- W 299.74) FOUND FOUNp 1/2°IRON ROD NOW OR FORMERLY CAPPED M�IMR OF SOUTHEAST TEXAS IRON ROD FILM, CODE 101-89-2308,RP.R.J,C. (APPROXIMATE 0.833 ACRE) SURVEYOR'S CERTIFICATION: 1 00 HEREBY CERTIFY, TO THE REST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY& DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION DURING APRIL 7013, 0 25 50 WALTER J. KSIAZEK REGISTERED PROFESSIONAL 0:\PROJEC7S\12030 - Spindj.t.p Ce.t.,\Sw-y\TASK 4\I2D30WtrE.-td.q Aug 23,2013 09:140- SHEET NO. 10 WIDE EXCLUSIVE WATER LINE EASEMENT F"Ittz&S hi pma n 3 INC. PROTECT NAME: MHMF OF SOUTHEAST TEXAS Comuloq Eminew wul Land SwwYors d/b/a SPINDLETOP CFNTER BEAUMONT, TEXAS PROJECT NO. 1405 CORNERSTONE COURT,E 12030 (409)832-7238 FAX� EXHIBIT "2" DATE:8-20-13 EAS 2 013032560 7 PGS STATE OF TEXAS X KNOW ALL MEN BY "THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, SPINDLETOP MHMR SERVICES 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 day of .St+;��-�za �2 12013. GRANTOR: SPINDLETOP MHMR SERVICES By: Printed Name: Ll �;, Title: �� �` ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME,, the undersigned authority, on this day personally appeared 541.L(j aj(etj!ssA(ZD as �)I RpG;o tZ of SPINDLETOP MHMR SERVICES, 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 14 day of -`�- , 2013. N ary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy- Engineering P. O. Box 3827 Beaumont, TX 77704 r ANNIE J SMITH My Commission Expires April 23,2016 ��hOF FRU&Shipman INC. Consulting Engineers and Land Surveyors Ronald D. Fittz, P.E., R.P.L.S.(1948-1987) Donald R. King, P.E. Terry G.Shipman, P.E.,Chairman Walter J.Ksiazek,R.P.L.S. Biliv J.Smith,Ir.,President EXHIBIT A, PAGE I OF 3 CENTERLINE DESCRIPTION FOR A 10' WIDE EXCLUSIVE WATER LINE EAEMENT OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY,TEXAS AUGUST 20, 2013 That certain centerline description for a 10' wide exclusive water line easement out of the David Brown Survey, Abstract 5, Jefferson County, Texas, being across a called 1.876 acre tract described in a Deed of Trust between Spindletop Housing Corporation and Department of Housing and Urban Development as recorded in Clerks File No. 2013024175 of the Official Public Records of Jefferson County, Texas, said 1.876 acres being more particularly described by metes and bounds as follows: Note: Bearings are based on the east line of the said 1.876 acre tract being South 329.99 feet. COMMENCING at a capped iron rod found at the intersection of the west line of a 45' wide drainage easement and the south right-of-way line of Roberts Street for the northeast corner of the said 1.876 acre tract from which a capped iron rod found for the southeast corner of the said 1.876 acre tract bears South 329.99 feet (called South 329.99 feet); THENCE North 89059'25" West along the said south right-of-way line of Roberts Street and the north line of the said 1.876 acre tract a distance of 58.48 feet (called North 89059'25"West)to a point for the POINT OF BEGINNING of the said centerline of the 10' wide exclusive water line easement from which a '/" iron rod found for the northeast corner of a tract conveyed to Rena Robinson Reed as recorded in Clerks File No. 9819596 of the Official Public Records of Jefferson County, Texas and an exterior corner of the said 1.876 acre tract bears North 89'59'25"West 54.12 feet (called North 89'59'25" West); THENCE South along the said centerline of the 10' wide water line easement a distance of 264.42 feet to an angle point; Fittz&Shipman, Inc. Page 1 of 2 Project No. 12030WtrEsmt 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 West along the said centerline of the 10' wide water line easement, at a distance of 34.41 feet pass a point for the POINT OF BEGINNING OF TAP A, from which the POINT OF TERMINATION of said TAP A bears North 13.00 feet, at a distance of 175.91 feet pass a point for the POINT OF BEGINNING OF TAP B, from which the POINT OF TERMINATION of said TAP B bears North 13.00 feet, and continuing a total distance of 241.21 feet to a point in the east right-of-way line of S. 8th Street and the west line of the said 1,876 acre tract for the POINT OF TERMINATION of the said 10' wide exclusive water line easement from which a 1/2" iron rod found for the southwest corner of the said 1.876 acre tract bears South 00002'50" West 65.82 feet (called South 00'02'50" West); This description is based on a survey made by Fittz & Shipman, Inc. during April 2013. Walter J. Ksiazek Registered Profession and Su or No. 5321 Fittz Shipman, Inc. Page 2 of 2 Project No. 12030WtrEsnit Plat& Description EXHIBIT A, PAGE 3 OF 3 FOUND 1" ROBERTS STREET COMMENCING IRON PIPE FOUND 1/2" (ASPHALT ROW) FOUND 5/8 POUND OINT (CALLED S 89'58'01" E 75.17) IRON ROD (CALLED N 89-59'25" W 112.60) CAPPED S 89*58'01" E 75.17 N 89*59'25" W 112.60 IRON ROD IRON ROD CA f S 89-43-44- W1112.53 54.12 1 58.48 (CALLED 5 89-43'44"1 W 112,53) I POINT OF BEGINNING RENA ROBINSON REED I CENTERLINE CLERKS FILE NO, 9819596, O.P.R,J,C. I 10' WIDE EXCLUSIVE WATER LINE 00 ll�Do �2 C14 c,4 �2 EASEMENT oi 't 'm W p o 0 r- cli :* 0 Oz 0 r- p 00 z 67-6 z 00 Ld 041 0:2 0 Ld Z 0 V) < LJ Lu CD < Z ( IN ,p L,LU:L FOUND FOUND 0 3" E- CAPPED CAPPED >'LL8 9 FOUND 1/2" IRON ROD IRON ROD I I O 7 IRON ROD 0 -1 (CALLED N 89'43'46" E 11Z53) V) 0 ')— z c� V., :WE E- N 89*43'46" E 112.53 O' Uj CITY OF BEAUMONT m 172 c*4 Li <Uj Ld 5' SEWER EASEMENT M ca o VOL. 810, PG. 454, D.R.,I.C. I =o U- < 0 z E- 0 Ln LU V 0 ) -i V)-J < C LOT 7 wOT 6 U-j �3'0 T ACRES ADDITION 0) FOURTH STREET M m 0? VOL. 6, PG 99, M,R.J.C. a 3 I o' CQ 1.8761 ACRES co �n ("4, �-:0 IL p o o CL wo x c) 0 tn C14 0 In op 65.30 Z 7_FFL 141.50 1 31�.41 oO _tTL - (n 0 1-NT O—F--' _I_-WEST 241.2W_ < 1 TERMINATION CENTERLINE CENTERLINE 10' WIDE 10 WIDE EXCLUSIVE ' EXCLUSIVE FOUND 1/2" FOUND SEMENT WATER LINE FOUND EA WATER LINE IRON ROD 0 'APPED EASEMENT 224.72 IRON ROD 75.02 TI 0.12' NORTH 112.65 S 89*57'17" W 299.74- (CALLED S 89*57'17" W 299.74) FOUND 112" FOUND IRON ROD NOW OR FORMERLY CAPPED MHMR OF SOUTHEAST TEXAS IRON ROD FILM CODE 101-89-2308, R,P,R.J.C. (APPROXIMATE 0.833 ACRE) SURVEYOR'S CERTIFICATION: 1 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 DURING APRIL. 2013. 0 25 50 WALTER J. KSI AZEK c A L E REGISTERED PROFESSIONAL LAND 540VEYOR NO. 5 el Q:\PROJECTS\12030 - Spindletop Center\SurveATASK 4\12030WtrEsmt.dwg Aug 23, 2013 09:14am c5s'hipman 11' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO. F 1 ttz fD-015 PROJECT NAME: MHMR OF SOUTHEAST TEXAS 3 Comuft&q Engineers and'Land Surveyors d/b/a SPINDLETOP CENTER 1405 CORNERSTONE CCOURT, BEAUMONT, TEXAS BEAUMONT, TEXAS PROJECT NO. (409) 832-7238 FAX (409) 832-7303 DATE:8-20-131 12030 1