HomeMy WebLinkAboutRES 13-207 RESOLUTION NO.13-207
WHEREAS, Spindletop MHMR Services has agreed to convey one (1)five foot(5')
wide exclusive sanitary sewer easement, said easement being a 0.0215 square foot acre
tract out of the David Brown Survey, Abstract No. 5, as described in Exhibit "l" 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 8th 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"l" 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.
moor-
U- Mayor Becky Ames -
STATE OF TEXAS X
KNOW ALL MEN TAY THESE PRESENTS:
COUNTY OF JEFFERSON X
SANITARY SEWER EASEMENT
THAT, SPINDLETOP MHTAR SERVICES, of the County of Jefferson, State of Texas,
hereinafter called "GRANTORS", for and in consideration of the sum of ONE AND NUI 00
DOLLAR ($1.00), and other good and valuable consideration to Lis in hand paid by the CITY OF
BEAUMONT, a Municipal corporation domiciled in .lefferson County, Texas, hereinafter called
"GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, have
GRANTED, SOLD and CONVE-YED, and by these presents do GRANT, SELL and CONVEY
unto the CITY OF BEAUMONT, P. O. Box 3827, Beaurnont, '"fexas 77704, .1efferson 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, COnStrUC6110
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 hereiribef6re 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.
EXHIBIT "'I"
Grun(oruocn�n not to place ony s(ructuWeo or aypurkIIaoccs wi(biu the Easement
ProVu1y.
Grantee SholI not bu responsible J*br the repair and replacement of any poviug, orother
mbocturcy within the Easement Property.
1l) R/\\/l� AND TO }{()L[) the above described oouecocot and dghi-uf'`vuy unto the said
CITY 0F )\B/\OM()yJT, its aucoceso/'v and assigns 1o/-cver.
E}{8CUTEZ} this day uf
0118NI[\K8:
SYlNI}lEITOyMDM& SERVICES
By:
Printed Name:
Title:
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME., the undersigned authority, on this day personally appeared
as ofSPINDLETOP 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-- day of
20
Notary Public, State of Texas
RETURN TO:City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, IA 77704
Fittz&Shipman
Considlb7g Engi7wers aiid Laid Surveyors
Ronald D.Fitiz,RE,R-R L S.094£3-1987) Donald R. King,111.
Terry G.Shipman,P.L.,Chainnan Walled. Ksiazek,R-P-LS.
Billy J.Smith,Ji.,President
EXHIBIT A, PAGE I OF 3
FIELD NOTE DESCRIPTION
OF A
0.0215 ACRE TRACT
FOR A
5' WIDE SANITARY SEWER EASEMENT
OUT OF THE
DAVID BROWN SURVEY, ABSTRACT 5
JEFFERSON COUNTY, TEXAS
SEPTEMBER 10,2013
That certain 0.0215 acre tract for a 5' wide sanitary sewer 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 '/2" iron rod found in the east right-of-way line of S. 8th Street for the
northwest corner of a tract conveyed to MHMR of Southeast Texas as recorded in Film
Code 101-89-2308 of the Real Property Records of Jefferson County, Texas and the
southwest 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 North 89057'17" East 299,74 feet
(called North 89'57'17" East 299.74 feet);
THENCE North 00002'50" East along the said east right-of-way line of S. 81" Street and
the west line of the said 1.876 acre tract a distance of 172.13 feet (called North 00'02'50"
East) to a point for the southwest corner of the said 0.0215 acre tract and the POINT OF
BEGINNING;
THENCE North 00'02'50" East continuing along the said east right-of-way line of S. 8th
Street and the west line of the said 1.876 and 0.0215 acre tracts a distance of 5.00 feet
(called North 00002'50" East) to a point for the southwest corner of a 5"wide sewer
easement granted to the City of Beaumont as recorded in Volume 810, Page 464 of the
Deed Records of Jefferson County, Texas and the northwest corner of the said 0.0215
Fittz&Shipman,Inc.
Page 1 of 2
Project No. 12030SanEsmt
Plat& Description
1405 Corrlerstow,-Court- Beaurnorit,Texas 77706 - (409) 832-7238 • fax(409) 832-7303
Tx Board of Prof Engineers Hirn No. 1160• Ix Board of Prof hand Sorveyors Firm No. 100186
EX111BIT A, PAGE 2 OF 3
acre tract from which a '/" iron rod found for an angle point of the said 1.876 acre tract
bears North 00 002'50" East 2.84 feet (called North 00°02'50" East);
THENCE South 89°5756" East along the south line of the said 5' wide sewer easement
and a north line of the said 0.0215 acre tract a distance of 74.43 feet to a capped iron rod
found for the southwest 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 an
interior corner of the said 1.876 acre tract and an angle point of the said 0.0215 acre tract;
THENCE North 89 043'46" East along the south line of the said Reed tract and a north line
of the said 0.0215 acre tract a distance of 112.53 feet (called North 89°43'46" East 112.53
feet) to a capped iron rod found for the southeast corner of the said Reed tract, an interior
corner of the said 1.876 acre tract and the northeast corner of the said 0.0215 acre tract
from which a 1/" iron rod found in the south right-of-way line of Roberts Street for the
northeast corner of the said Reed tract and an exterior corner of the said 1.876 acre tract
bears North 00°00'49" East 152.63 feet (called North 00 000'49" East 152.63 feet);
THENCE South 00°16'14" East along the east line of the said 0.0215 acre tract a distance
of 5.00 feet to a point for the southeast corner of the said 0.0215 acre tract;
THENCE South 89 043'46" West along the south line of the said 0.0215 acre tract a
distance of 112.54 feet to an angle point;
THENCE North 89°57'56" West continuing along the south line of the said 0.0215 acre
tract a distance of 74.45 feet to the POINT OF BEGINNING, and containing 0.0215 acre
of land, more or less.
This description is based on a survey made by Fittz & Shipman, Inc. during April 2013.
..F
Waiter J. Ksiazek *r °'
:
Registered Professional Lan Surveyor No. 321 WALTER MAZER
..�........................
yD
6321
'•."�o fi� oar e
l,�k ...........
�@
Fittz s3 Shipman,Inc.
Page 2 of 2
Project No, 12030SanEsmt
Plat& Description
EXMBIT A, PAGE 3 OF 3
- FOUND I" ROBERTS STREET
IRON PIPE FOUND 112'.. (ASPHALT ROVE
'-FOUND 5/8" IRON ROD --FOUND
(CALLED 5 89'58'01"E 75.17) IRON ROD (CALLED N 89'59'25" W 112.60) Cl.PPED
S 89'58'01" E 75.17 N 89'59'25' W 112.60 IRON Roo
3— S 89'43'44" W 112.53
(CALLED 5 89'43'44'W 112.53)
RENA ROBINSON REED
CLERKS FILE NO. 9619596, O.P.R.J.C.
m 00 N u ui fV
m r� N w n
v Qj 3 W`j
§ e 'I
r 3 om
's od
o Cv
O� z0
G O 0 O
° 0 a O
0_
o O Ln U Z
FOUND 1/2"
RON ROD
FOUND POUND_
W / CAPPED CAPPED _—— Ol.
/ 'RON ROD
F4 2,84 CITY OF BEAVMONT IRON ROD CITY OF BEAUMONT
S'SEWER EASEMENT CALL N 89'4346'£772.53) VOLS 8501 PG^E467MD�R.J.C.
VOL. 810, PC. 464, D.R 0. (C
=L2 N 89'43'46" E 112.53 _ -v _ = of z
L3
o L1 L5 L4
H POINT OF 5' WIDE NUMBER DIRECTION DISTANCE w
co< F BEGINNING SANITARY SEWER L1 N 00'02'50" E 5.00
° 5' WIDE EASEMENT v
U)4 SANITARY SEWER 0.0215 ACRE L2 S 8957'56" E 74.43
EASEMENT L3 S 00'16'14" E 5.00
Lo °rn 0.0215 ACRE L4 S 89'43'46" W 112.54
cy) ei L5 N 89'57'56" W 74.45
n_
�w
p M ��11
,IOA [V L L V C ! 1
wo �.Ol 8 LOT 7 LOT 6 1,OT 5
J
�z OURTH STREET ,ACRES ADDTIO
VOL. 6, PC. 99, M.R.J.C.
i
1.876 ACRES
FOUND 1/2" FOUND
IRON RCC a CAPPED FOUND
224,72 IRON ROD CAPPED
0.12'NORTH IRON ROD
75.02 112.65
COMMENCING N 89'57'17" E 299.74
(CALLED N 89'57'17'C 299.74)
POINT
FOUND 1/2" NOW OR =ORMERLY
IRON ROD MHMR OF SOUTHEAS"f l'EXAS
FILM CODE. 101-89-2308, R.P.R.J.C.
(APPROXIMATE 0.833 ACRE)
SURVEYOR'S CERTIFICATION:
I DO HEREBY CERTIFY, TO THE BEST 06 MY KNOWLEDGE AND BELIEF,
THAT THIS IS AN ACCURATE PLAT OF A SURVEY do DESCRIPTION MACE L
ON THE GROUND UNDER 1/.Y SUPERVISION DURING APRIL 2013. ,0, ..........�`�.
6f•��tS;�q''•�9�
WALTER J. KSIAZEK ,.WALTER J,KSIAZEK S CASE
... ............
REGISTERED PROFESSIONAL LAN*CR 21 9 6321 -1
l cpA Deb:
'�'°survey°Q
O:\PROJECTS\12030 - Sphdletop Center\Swr eATASK 4\12030So E—Lo. g Sep 11, 2013 03:03pm
5' WIDE SANITARY SEWER EASEMENT SHEET N0.
Fittz�Sh�pman
INC. PROJECT NAME: MHMR 03' SOUTHEAST TEXAS 3
5;n ldngF.nginem and Land SlaWyOn d/b/a SPINDLETOY CENTER TASK 07
1405 CORNERSTONE COURT. BEAUMONT, TEXAS BT AUMONT, TEXAS PROJECT NO.
(409)832-7238 FAX(409) a n(409) DATE'S-10-13 12030
- EXHIBIT 2
EAS 2013032561
7 PGS
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
SANITARY SEWER EASEMENT
THAT, SPINDLETOP NIHNIR SERVICES, 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. 'rexas 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 hereiribefore 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 assigns forever.
EXECUTED this CiT" day of 20 L3 .
GRANTORS:
SPINDLETOP MHMR SERVICES
By: - b�,a�,�
Printed Name: 1� ?'n-i'Ic • �,� ��
Title: a- �
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
B RE ME, the undersigned authority, on this day personally appeared
�ilf 0fv1
�66rQ as IZ6#"foP of SPINDLETOP MHMR SERVICES,
.A..j _ �Dj -
known to 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 LINDER MY HAND AND SEAL OF OFFICE. this 14 day of
201
Nok� Jblic, State of Texas
RETURN TO:City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
ANNIE J SWTH
my commssion Expires
I IS
April 23,2016
(a
Fittz&Shipman
_ INC
Consulting Engineers and Land Surveyors
Ronald D. Fittz,P.E., R.PL.S.(1948-1987) Donald R. King, P.E.
Terry G.Shipman,P.E.,Chairman Walter 1. Ksiazek, R.P.L.S.
Billy J.Smith,Jr., President
EXHIBIT A, PAGE 1 OF 3
FIELD NOTE DESCRIPTION
OF A
0.0215 ACRE TRACT
FOR A
5' WIDE SANITARY SEWER EASEMENT
OUT OF THE
DAVID BROWN SURVEY, ABSTRACT 5
JEFFERSON COUNTY, TEXAS
SEPTEMBER 1.0, 2013
That certain 0.0215 acre tract for a 5'wide sanitary sewer 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 '/2" iron rod found in the east right-of-way line of S. 8th Street for the
northwest corner of a tract conveyed to MHMR of Southeast Texas as recorded in Film
Code 101-89-2308 of the Real Property Records of Jefferson County, Texas and the
southwest 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 North 89°57'17" East 299.74 feet
(called North 89057'117" East 299.74 feet);
THENCE North 00°02'50" East along the said east right-of-way line of S. 8th Street and
the west line of the said 1.876 acre tract a distance of 172.13 feet (called North 00 002'50"
East) to a point for the southwest corner of the said 0.0215 acre tract and the POINT OF
BEGINNING;
THENCE North 00 002'50" East continuing along the said east right-of-way line of S. 8th
Street and the west line of the said 1.876 and 0.0215 acre tracts a distance of 5.00 feet
(called North 00 002'50" East) to a point for the southwest corner of a 5" wide sewer
easement granted to the City of Beaumont as recorded in Volume 810, Page 464 of the
Deed Records of Jefferson County, Texas and the northwest corner of the said 0.0215
Fittz&Shipman,Inc.
Page 1 of 2
Project No. 12030SanEsmt
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
acre tract from which a '/2" iron rod found for an angle point of the said 1.876 acre tract
bears North 00'02'50" East 2.84 feet (called North 00002'50" East);
THENCE South 89057'56" East along the south line of the said 5' wide sewer easement
and a north line of the said 0.0215 acre tract a distance of 74.43 feet to a capped iron rod
found for the southwest 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 an
interior corner of the said 1.876 acre tract and an angle point of the said 0.0215 acre tract;
THENCE North 89'43'46" East along the south line of the said Reed tract and a north line
of the said 0.0215 acre tract a distance of 112.53 feet (called North 89043'46" East 112.53
feet) to a capped iron rod found for the southeast corner of the said Reed tract, an interior
corner of the said 1.876 acre tract and the northeast corner of the said 0.0215 acre tract
from which a Y2" iron rod found in the south right-of-way line of Roberts Street for the
northeast corner of the said Reed tract and an exterior corner of the said 1.876 acre tract
bears North 00000'49" East 15263 feet (called North 00000'49" East 152.63 feet);
THENCE South 00'16'14" East along the east line of the said 0.0215 acre tract a distance
of 5.00 feet to a point for the southeast corner of the said 0,0215 acre tract;
THENCE South 89043'46" West along the south line of the said 0.0215 acre tract a
distance of 112,54 feet to an angle point;
THENCE North 89057'56" West continuing along the south line of the said 0.0215 acre
tract a distance of 74.45 feet to the POINT OF BEGINNING, and containing 0.0215 acre
of land, more or less.
This description is based on a survey made by Fittz & Shipman, Inc. during April 2013,
Walter J. Ksiazek F
Registered Professional L+dSurveyor No, 321 r
'9
...WALTER J.KSIAZEK
6321
% 0
% sto
U R V 0i
Fittz&Shipman, Inc.
Page 2 of 2
Project No. 12030SanEsmt
Plat& Description
EXHIBIT A, PAGE 3 OF 3
FOUND 1" ROBERTS STREET
IRON PIPE FOUND 5J8" FOUND 1/2" (ASPHALT ROW)
IRON ROD� /r-FOUND
(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
S 89'43'44" W1112.53
(CALLED S 89-43'44"1 IW 112.53)
RENA ROBINSON REED
CLERKS FILE NO. 9819596, O.P.R.J.C.
co to
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Z FOUND 112"
IRON ROD OU
CAPPD ED CAPPED 2.84 CITY OF BEAUMONT IRON ROD IRO ROD CITY OF BEAUMONT
VOL. _(;j 5' SEWER EASEMENT 5' SEWER EASEMENT
R ` -
[FOUN
810, PG. 464, D. (CALLED N 89-4346 E 112.53) VOL, 810, PG. 467, D.R.J.C. cn
1-2— — N 89'43*46" E 112.53
E- O�N z
m ———— -—————-�'LY — — -- — — — — — c
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E-4 � '��—POINT OF 5' WIDE z
< NUMBER DIRECTION DISTANCE Z)
co BEGINNING SANITARY SEWER <
<
Ll IN 00"02'50" E 5.00
cn 5' WIDE EASEMENT us
SANITARY SEWER 0.0215 ACRE L2 S 89-57'56" E 74,43
L3 S 00'1 6'14" E 5.00
EASEMENT
N co 0.0215 ACRE L4 S 89*43'46" W 112.54
cr) L5 7TN 89-57'56" W 174.45
CQ ui
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0 Lo c K I
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0° Lo- 8 LOT 7 1 LOT 6 L 0 T 5
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FOURTH STREET ACRES ADDITIO
VOL. 6, PG. 99, M,R.J.C.
1.876 ACRES
FOUND 1/2" FOUND
IRON ROD @ CAPPED FOUND
224.72 IRON ROD
ol 2 NORTH CAPPED
75.02 1 1 112.55 IRON ROD
N 89*57'17" E 299.W
COMMENCING
POINT (CALLED N 89-57'17" E 299.74)
FOUND 1/2" NOW OR FORMERLY
IRON ROD MHMR OF SOUTHEAST TEXAS
FILM CODE 101-89-2308, R.P,R.J.C.
(APPROXIMATE 0.833 ACRE)
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 DURING APRIL 2013.
OF
S te
/44 Z� Fa 0 25 50
... .............. nm%mmmml�
WALTER J. KSIAZEK WA K S C A L E
REGISTERED PROFESSIONAL AL LAND SURV NO. 5321 ......
6321 rr
8 S%0
SuRv
0:\PROJECTS\12030 - Spindletop Center\SurveATASK 4\1203OSonEsmt.dwg Sep 11, 2013 D3:03pm
Fittz&Shipman 5' WIDE SANITARY SEWER EASEMENT SHEET NO.
- INC. PROJECT NAM: MHMR OF SOUTHEAST TEXAS 3
Conminng Engmeen and Land S—eyoms d/b/a SPINDLETOP CENTER TASK 07
1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS PROJECT NO,
(409) 832-7238 FAX (409) 832-7303 DATE;9-10-13 12030