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HomeMy WebLinkAboutRES 13-256 RESOLUTION NO.13-256 WHEREAS, Duff Real Estate, LLC has agreed to convey one (1)ten foot(10')wide exclusive water line easement, said easement being a 0.0795 acre tract out of and part of Block 115, Gladys City Oil, Gas & Manufacturing Company Subdivision situated in the John A. Veatch Survey, Abstract No. 55, 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 a new building located at 1555 West Cardinal Drive; 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 Duff Real Estate, LLC, 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 5th day of November, 2013. Ox��� p ���l' yor EYecky A s - ;4 NO le#,'Ott '�. STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, DUFF REAL ESTATE, LLC, of the County of Marion, State of Mississippi 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 Easerrient and the exclusive right to construct, alter, and maintain said waterlines and appurtenances on the hereinafter described jands 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 & B", attached and made a part hereof for all purposes. The casement 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 hercinbefore described and use of the same for the EXHIBIT "I" purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. GRANTOR ag)Tees 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 f�,asernent Property. TO HAVE AND TO HOLD the above described casement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of 2013. GRANTOR: DUFF REAL ESTATE, LLC By: Printed Name: Title: ACKNOWLEDGMENT STATE OF MISSISSIPPI X COUNTY OF MARION X BEFORE ME, the undersigned authority, on this day personally appeared as of DUFF REAL ESTATE, LLC, 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 , 2013. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering R O.Box 3827 Beaumont,TX 77704 EXHIBIT "A" Legal Description: 10 Feet Wide Water Line Easement containing 0.0795 Acres Out of and Part of Block 115 Gladys City Oil, Gas&Manufacturing Company Subdivision Volume 1,Page 55, Map Records John A. Veatch Survey, Abstract No. 55 Beaumont, Jefferson County, Texas BEING a 10 feet wide water line easement containing 0.0795 acres situated in the John A. Veatch Survey,Abstract No. 55, Jefferson County, Texas and being out of and part of Block 115 of the Gladys City Oil, Gas & Manufacturing Company Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 1, Page 55, Map Records, Jefferson County, Texas and being out of and part of that certain tract of land as described in a "Warranty Deed with Vendor's Lien" from Emma Crenshaw to Crenshaw Corporation as recorded in Volume 1694,Page 135, Deed Records,Jefferson County,Texas,and also being out of and part of that certain called 3.0053 acre tract as described in a "Special Warranty Deed" from Crenshaw Corporation to Duff RE Texas Gulf Coast, LP as recorded in Clerk's File No. 2012006610, Official Public Records of Real Property, Jefferson County, Texas, said easement being more particularly described as follows: NOTE.- All bearings are referenced to the Southwesterly line of the said Block 115 as NORTH 27°40'00" WEST as recorded on the final plat of the said Gladys City Oil, Gas & Manufacturing Company Subdivision as recorded in Volume 1, Page 55, Map Records, Jefferson County, Texas. All set 518"iron rods set with caps stamped"M.W Whiteley&Associates". BEGINNING at a "Kohler" concrete monument found for the most Westerly corner of the tract herein described, said corner being the most Westerly corner of the said Block 115 and the most Southerly corner of Block 116 of the said Gladys City Oil, Gas & Manufacturing Company Subdivision and furthermore said corner being the most Southerly corner of that 1.166 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from E-Z Mart Stores,Inc. to Billy Van Nguyen and Nancy Thi Nguyen, husband and wife, as recorded in Clerk's File No. 2000047535, Official Public Records of Real Property, Jefferson County, Texas, and said corner being in the Northeasterly right-of-way line of Gorman Road(based on a width of 80 feet); THENCE NORTH 62 020'00" EAST, for the boundary between the said 3.0053 acre Duff RE Texas Gulf Coast, LP tract and the said 1.166 acre Nguyen tract, the same being the common line between the said :Blocks 115 and 116, for a distance of 341.70 feet to a 5/8" iron rod set for corner, said corner being the most Easterly corner of the said 1.166 acre Nguyen tract and in the - Southwesterly right-of.-way line of U.S Highway 69, 96 and 287 (also known as West Cardinal Drive); THENCE SOUTH 71°00'08" EAST, along and with the Southwesterly right-of-way line of.U.S. Highway 69, 96 and 287, for a distance of 13.75 feet to a point for a corner; EXHIBIT"A" Page 1 of 2 MARK IV. Hw/TELEYAND ASSOCIATES,INC. ` / | ' ' � ! � F THENCE SOUTH 62�220'00" WEST, over and across the said 3.0053 acre Duff RE Texas Gulf Coast, LP tract and 10 feet perpendicular and parallel to the Northwesterly line of the said 3.0053 acre Duff RE Texas Gulf Coast, LP tract, for a distance of 351.13 feet to a point for comer, said corner being in the Northeasterly right-of-way line of Gorman Road and the Southwesterly line of the said Block 115; THENCE NORTH 27040'00" WEST, along and with the Northeasterly right-of-way line of Gorman Road and the Southwesterly line of the said Block 115, for a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0795 Acres,more or less- This easement description is based a field survey performed January 17, 2012 by Thomas S. Rowe, RPLS No. 5728. This legal description is being submitted along with a plat based on this survey (see EXHIBIT"B"). OF 572'8 Thomas S. Rowe, RPLS No. 5728 EXHIBIT"A" Page 2 of 2 CALL. CORNER EXHIBIT "B" REFER TO EXHIBIT 'A' FOR LEGAL DESCRIPTION SET 518 I. ROD (FOR REF) 9 CALLED 10,84 ACRES Ict,OR` Su 518. CRENSHAW CORPORATION , I, ROD FC. NO, 102-06-2568 FND 5/8' IRON S71000'08'E' 13-75' OPRJC ROD BEARS N80'26'18'W 0,82' 10 FEET WIDE tol &� (0.0795 ACRES) i5 1--WATER LINE EASEMENT Mom 131,0G'� xl� cv at CALLED 3.000 ACRES DUFF RE TEXAS GULF COAST, LP >- cn CF. NO, 2012006610 all OPRJC '44 GO nj)J'AS1014 116 Y5 clowpa"165 13110c'� mA14UFG10�114G C CTU Vol,, I POB FWD KOHLER CONC. momu. SET 5/8' L ROD C&C. 376.02, (FOR REF) '30-001 CORNER\ FND M27*40'00*W 406.02' N27°40'00"W 10.00' (CALL N22-40'00V 406.02) GDR MAN ROAD REFERENCE B64RING PER PLAT (80' ROW) TO IW OMM OF THE PRWM SMTYM FORA ENGINEERING SERVICES PUC 10 FEET YlDR WATER AS OF THE WE or lw sm/Ey.- OR ft coo SME I LINE EASMfiW 0 - CONTAINING 0.0795 ACRES HVLW caffy 1wr THS amw mts on 04Y l'of I OUT OF AND PART OF Wmcof OF THE GROM OF THE DESCRFM V.\2013\13-M\ W. HMWM AND CORRECTLY RDYX9= THE 13-649 BLOCK 1,16 OF TOE SURVEY. GLADYS cm on, GAS MANUFACTURING COMPANY MARX T. Twum AND ASSOCIATES ilk i I SUBDIVISION INCORPORATED VOLUME 1, PAGE 55 emmmm vmaamm. MAP RECORDS Ho M PLuww rOMY' A. VEATCH SURVEY 5728 r + ABSTRACT NO. 66 PES51� � T. & am"m um mum"M BEAUMONT, JEFFERSON I F�—om Q, ROW pR0f[NfM-2 ff 1%. 5728 COUNTY, lzus EXHIBIT "2" `Nfl'.AIflI�IIVVIIMI�IIlA�9�� �°"' '°'�°"�STATE OF TEXAS X COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT. DUFF REAL ESTATE, LLC, of the County of Marion, State of Mississippi hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/I00 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 & B", 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 Va; - day of , 201 GRANTOR: DUFF REAL ESTATE, LLC By. Printed Name: Title: STATE OF MISSISSIPPI COUNTY OF MARION ACKNOWLEDGMENT X X BEFORE ME, the undersigned authority, on this day personally appeared m as Cb0 of DUFF REAL ESTATE, LLC. known to me to be the pees I 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, thisk `day of 2013. RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 APR ��w-- 0 of ry lic. State of ids NOTARY PUBLIC SS i SS 1D No. 19360 MY CcNnm ,;x 229, 2Q1688 .k %``�. r111111% EXHIBIT "A" Legal Description: 10 Feet Wide Water Line Easement containing 0.0795 Acres Out of and Part of Block 115 Gladys City Oil, Gas & Manufacturing Company Subdivision Volume 1, Page 55, Map Records John A. Veatch Survey, Abstract No. 55 Beaumont, Jefferson County, Texas BEING a 10 feet wide water line easement containing 0.0795 acres situated in the John A. Veatch Survey, Abstract No. 55, Jefferson County, Texas and being out of and part of Block 115 of the Gladys City Oil, Gas & Manufacturing Company Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 1, Page 55, Map Records, Jefferson County, Texas and being out of and part of that certain tract of land as described in a "Warranty Deed with Vendor's Lien" from Emma Crenshaw to Crenshaw Corporation as recorded in Volume 1694, Page 135, Deed Records, Jefferson County, Texas, and also being out of and part of that certain called 3.0053 acre tract as described in a "Special Warranty Deed" from Crenshaw Corporation to Duff RE Texas Gulf Coast, LP as recorded in Clerk's File No. 2012006610, Official Public Records of Real Property, Jefferson County, Texas, said easement being more particularly described as follows: NOTE. All bearings are referenced to the Southwesterly line of the said Block 115 as NORTH 27040'00" WEST as recorded on the final plat of the said Gladys City Oil, Gas & Manufacturing Company Subdivision as recorded in Volume 1, Page 55, Map Records, Jefferson County, Texas. All set 518" iron rods set with caps stamped "M.. W. Whiteley & Associates ". BEGINNING at a "Kohler" concrete monument found for the most Westerly corner of the tract herein described, said corner being the most Westerly corner of the said Block 115 and the most Southerly cornier of Block 116 of the said Gladys City Oil, Gas & Manufacturing Company Subdivision and furthermore said corner being the most Southerly corner of that 1.166 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from E-Z Mart Stores, Inc. to Billy Van Nguyen and Nancy Thi Nguyen, husband and wife, as recorded in Clerk's File No. 2000047535, Official Public Records of Real Property, Jefferson County, Texas, and said corner being in the Northeasterly right-of-way line of Gorman Road (based on a width of 80 feet); THENCE NORTH 62"20'00" EAST, for the boundary between the said 3.0053 acre Duff RE Texas Gulf Coast, LP tract and the said 1.166 acre Nguyen tract, the same being the common line between the said Blocks 115 and 116, for a distance of 341.70 feet to a 5/8" iron rod set for corner, said corner being the most Easterly corner of the said 1.166 acre Nguyen tract and in the Southwesterly right-of-way line of U.S Highway 69, 96 and 287 (also known as West Cardinal Drive); THENCE SOUTH 71 °00'08" EAST, along and with the Southwesterly right-of-way line of U.S. Highway 69, 96 and 287, for a distance of 13.75 feet to a point for a corner; EXHIBIT "A" RL,IK6" 11: 11711TELr.F INI)-1SOCY,1Tr.C. stir THENCE SOUTH 62"20'00" WEST, over and across the said 3.0053 acre Duff RE Texas Gulf Coast, LP tract and 10 feet perpendicular and parallel to the Northwesterly line of the said 3.0053 acre Duff RE Texas Gulf Coast, LP tract, for a distance of 351.13 feet to a point for corner, said corner being in the Northeasterly right-of-way line of Gorman Road and the Southwesterly line of the said Block 115; THENCE NORTH 27040'00" WEST, along and with the Northeasterly right-of-way line of Gorman Road and the Southwesterly line of the said Block 115, for a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0795 Acres, more or less. This easement description is based a field survey performed January 17, 2012 by Thomas S. Rowe, RPLS No. 5728. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B"). T W \20M13-649\13.649m&b.dm EXHIBIT "A" IRK If. H7/1TEiLF,I'AND:IS.SOCZITE5. /rV't_ < CALC. CORNET 04 \ SET 5/8' \ \ y 1 1. ROD (FOR REF) \ SET 518" 1. ROD FND 518" IRON S71 °00'08 "E 13. 75' ROD BEARS N80'26' 18 "W 0.82' O fit+ co co `� ca �2 g O "ZNas N O O O �q co FND KOHLER CONC. MONU. 10 FEET WIDE (0.0795 ACRES) WATER LINE EASEMENT 901' 5 EXHIBIT "B" REFER TO EXHIBIT A" FOR LEGAL DESCRIPTION 1 CALLED 10.84 ACRES CRENSHAW CORPORA71ON FC. NO. 102-06-2568 OPRJC , o 00 \ \ `rir \ LP. V CALLED 3.0053 ACRES DUFF RE TEXAS GULF COAST, LP CF. NO. 2012006610 OPRJC GNS "VIS't'- LAp�S GI � � pLY � A� 5 \ixsufxGTuf Vo �jRJC '-N27040'00'W 10.00' TO THE OWNERS OF THE PRONSES SURVEYED AS OF THE DATE OF THE SURVEY.' THOMAS S. ROW DO HEREBY CER►TfY THAT TENS SURVEY WAS TT IDf ON THE SURFACE OF THE GROUND OF THE REON AND CORRECTLY REPRESENTS THE F THE SURVEY. �.JJ Q��•O� 5 T E q%fit cyNN•.MM. THO, A...».:» �) 5728 t� ,,, 376.02' FND N2740'00"W 406.02' (CALL N274000 "W 406.02 ) REFERENCE BEARING PER PLAT DAY DESCRIBED l "6' g2Vp 2 � E z aoo�ao a o�� d ppN OU O W< W h z uj ;§+a U ;;�al�I� 1y�'Lni pZ— OQ oyU�2 g o 0 xO`g N , SET 518' \ \ 1. ROD (FOR REF) _``30.00' C OORMA N ROAD (80' ROW) FORD ENG2aCE MG SERVICES PUZ 1[4RK 11. WHrn GEY AND ASSOCIATES INCORPORATED crxmrwc >omu=, �[TarsToas = pulmm eermar. n trove-ewiona�-isee wee m •s-eee�ea 10 FEET AIDE TIATIR Lm EAspidE T CONTAINING 0.0795 ACRES OUT OF AND PART OF BLOCK 115 GLADYS CITY OIL, GAS do MANUFACTURING COMPANY SUBDIVISION VOLUME 1, PAGE 55 MAP RECORDS JOBN A. VEATCH SURVEY ABSTRACT NO. 55 BEAUMONT, JEFFERSON COUNTY, 7E[AS