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HomeMy WebLinkAboutRES 13-268RESOLUTION NO. 13-268 WHEREAS, on October 30, 2012, the City Council approved Resolution No. 12 -261 accepting from HEB Grocery Company, LP a ten foot (10') wide sanitary sewer easement, which has not been filed of record, being across a 0.3530 acre tract out of the David Brown Survey, Abstract 5 located in the abandoned Stagg Drive right -of -way; and, WHEREAS, HEB Grocery Company, LP has proposed to alterthe layout of its facility serviced by the easement accepted in Resolution No. 12 -261; and, WHEREAS, the City no longer has need for the sanitary sewer easement accepted in Resolution No. 12 -261; and, WHEREAS, in order to provide an easement at the proper location on its property, HEB Grocery Company, LP has agreed to convey one (1) ten foot (10') wide exclusive sanitary sewer easement, said easement being a 0.1683 acre tract being across a 0.5120 acre tract out of the David Brown Survey, Abstract 5 and one (1) fifteen foot (15') wide exclusive sanitary sewer easement, said easement being a 0.1925 acre tract being across a 0.5120 acre tract out of the David Brown Survey, Abstract 5, as described in Exhibit "1" and shown on Exhibit "2," attached hereto and incorporated by reference as if set forth at length, to the City of Beaumont for the purpose of facilitating the construction of a new grocery store located at 3590 College Street; and, WHEREAS, the City Council has considered the purpose of the repeal of Resolution No. 12 -261; the conveyances described in Exhibit "1" and shown in Exhibit "2;" and is of the opinion that the repeal of Resolution No. 12 -261 should be repealed and that the conveyances of said easements should be accepted, is necessary, and desirable; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF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resolution are hereby, in all things, approved and adopted; and, THAT Resolution No. 12 -261 is hereby and forevermore repealed; and, BE IT FURTHER RESOLVED THAT the easements conveyed by HEB Grocery Company, L.P. as described in Exhibit 1" and shown on Exhibit "2," be and the same are hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of November, 2013. yor Becky Ames - 6 U STATE OF TEXAS § COUNTY OF TF,F ERSON § KNOW ALL MEN BY THESE PRESENTS: SANITARY SEWER EASEMENT THAT, HEB GROCERY COMPANY, LP, a Texas limited partnership, of the County of Bexar, State of Texas, hereinafter called "GRANTOR ", w h e t h e r o n e o r m ore, for and in consideration of the sum of ONE AND N0 /100 DOLLAR ($1.00), and other good and valuable consideration in hand paid to 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 Or BE, AUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual, non - exclusive, sanitary sewer easement (the "Easement ") to construct, alter, and maintain sanitary sewer lines and related appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel 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 Area "). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, removing sanitary sewer lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement 062007.0054 9164158 I EXHIBIT "I" Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property and /or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or intenupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks, landscaping and /or lighting; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be. repaired and maintained by Grantor, at Grantor's sole cost and expense. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights -of -way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Cleric of the County of Jefferson (collectively, the "Permitted Exceptions ") This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. 2 06200?.0075411164158 TO IIAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEIAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions_ [Signature Page Follows] 3 062007.00754P1641SB EXECUTED this _ day of , 2013. GRANTOR: HEB Grocery Company, LP, a Texas limited partnership By: Printed Name: Todd A. Piland Title: Executive Vice President STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF MONTGOMERY X BEFORE ME, the undersigned authority, on this day personally appeared Todd A. Piland, the Executive Vice President of HEB Grocery Company LP a Texas limited partnership, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acluiowledged 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. - . . Z TURN TO: Notary Public, State of Texas ..City of Beaumont _ ...._ Antoinette Hardy- Engineering P. O. Box 3827 Beaumont, Texas 77704 Fittz &Shipman INC. Ronald D. Fittz, P. E., R.P.I-.S. (1948 -1987) Terry C. Shipman, P. F., Chairman billy J. Smith, Jr., President EXHIBIT A, PAGE 1 OF 4 CENTERLINE DESCRIPTION FOR A Consulting Engineers and Laud Surveyors Donald R. King, P.E. Walter J. Ksiazek, R,H -S. 15' WIDE EXCLUSIVE SANITARY SEWER EASEMENT OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS NOVEMBER 14, 2013 That certain centerline for a 15' wide exclusive sanitary sewer easement (7.5' on each side of the centerline) out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and being across a called 0.5120 acre tract conveyed to HEB Grocery Company, LP as recorded in Clerks File No. 2013034130 of the Official Public Records of Jefferson County, Texas, a 0.20 acre tract for the abandonment of a portion of Stagg Drive described in Ordinance No. 13 -025 as recorded in Clerks File No. 2013014473 of the Official Public Records of Jefferson County, Texas and Lot 1 of College Street Complex as recorded in Clerks File No. 2013001919 of the Official Public Records of Jefferson County, Texas, said centerline being more particularly described by the courses and distances as follows: NOTE: Basis of Bearings is the west line of said Lot 1 having been called South 00 009'10" East 350.35 feet. COMMENCING at a capped iron rod found in the east right -of -way line of 11th Street for the southwest corner of a called 1.1623 acre tract conveyed to American Office, LLC as recorded in Clerks File No. 2003005206 of the Official Public Records of Jefferson County, Texas and the northwest corner of the said 0.5120 acre tract from which a PK nail found for the southwest corner of the said 0.5120 acre tract bears South 00 031'03" East 148.57 feet (called South 00 031'03" East 148.57 feet); THENCE North 89 054'45" East along a portion of the south line of the said 1.1623 acre tract and a portion of the north line of the said 0.5120 acre tract a distance of 7.50 feet (called North 89° 54'45" East) to a point for the POINT OF BEGINNING of the said centerline of the 15' wide exclusive sanitary sewer easement from which a PK nail found for the northwest corner of a called 0.4772 acre tract conveyed to HEB Grocery Company, LP as recorded in Clerks File No. 2013010405 of the Official Public Records of Jefferson County, Texas and the northeast corner of the said 0.5120 acre tract bears North 89 °54'45" East 142.81 feet (called North 89 °54'45" East); l=ittz & Shipman, Inc. Page 1 of 2 Project No. 1005002T1SanEsmt 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 4 THENCE along the said centerline of the 15' wide exclusive sanitary sewer easement with the following courses and distances: South 00 031'03" East a distance of 148.47 feet to an angle point; South 00 °18'07" East a distance of 59.29 feet to an angle point; South 00 °09'10" East a distance of 350.69 feet to a point in a south line of said Lot 1 for the POINT OF TERMINATION of the said centerline of the 15' wide exclusive sanitary sewer easement from which a 3/" iron rod found for the most westerly southwest corner of said Lot 1 bears North 87 °38'24" West 7.51 feet (called North 87 038'24" West). This description is based on a survey made by i'ittz & Shipman, Inc. during September 2012 and April 2013. zz Walter J. Ksiazek 007' Registered Professional Land Surveyor No. 5321 Fittz & Shipman, Inc. Page 2 of 2 Project No. 10050TBUtilityesmt Plat & Description • °T ••rF� Fq�; S* WALTER J. KSIAZEK a ,. .... 0.............i. v •5321 i :%qo p•SURVE 10 4 Fitts &Shipman Ronald D. Piliz, P.E., R.P.L.S. (1948 -1987) Terry G. Shipman, P.E., Chairman 13ifly J. Smith, Jr., President Comulting I ngineels and Land Suiveyois Donald R. King, P.E. Walter J. Ksia7ek, R. P. L.S. EXHIBIT A, PAGE 3 OF 4 CENTERLINE DESCRIPTION FOR A 10' WIDE EXCLUSIVE SANITARY SEWER EASEMENT OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS NOVEMBER 14, 2013 That certain centerline for a 10' wide exclusive sanitary sewer easement (5' on each side of the centerline) out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and being across Lot 1 of College Street Complex as recorded in Clerks File No. 2013001919 of the Official Public Records of Jefferson County, Texas, said centerline being more particularly described by the courses and distances as follows: NOTE: Basis of Bearings is the west line of said Lot 1 having been called South 00 00910" East 350.35 feet. COMMENCING at a "X" in concrete found in the north right -of -way line of Stagg Drive for an interior corner of said Lot 1; THENCE South 00 °23'52" West along an interior line of said Lot 1 a distance of 59.50 feet to a point for the POINT OF BEGINNING of the said centerline of the 10' wide exclusive sanitary sewer easement from which a "X" in concrete found for an interior corner of said Lot 1 bears South 00 023'52' West 328.47 feet (called South 00 °23'52" West); THENCE along the said centerline of the 10' wide exclusive sanitary sewer easement with the following courses and distances: North 89 °36'44" West a distance of 20.50 feet to an angle point; South 00 023'52" West a distance of 203.59 feet to an angle point; North 89 059'09" West a distance of 351.73 feet to an angle point; South 44 °14'11" West a distance of 220.18 feet to a point for the POINT OF TERMINATION of the said centerline of the 10' wide exclusive sanitary sewer easement from which 5/8" iron rod found in the northeasterly right -of -way line of College Street for an angle point of said Lot 1 bears South 34 °16'34" East 179.90 feet (called South 34 °16'34" East). This description is b d on a survey made by Fittz & (hip ing September 2012 and April 2013. �SrWalter J. Ksiaze Registered Professio I Land S eyor No. 5321 '� ER J. KSIAZEK Fittz 4& Shipman, Inc. • 5321 .....v +t..... Page 1 of 1 �,V Project No, 1005002T1SanEsmt °•'Q, Plat & Description SURYE�� 1405 Cornerstone Court • Beaumont, Texas 77706 • (4097 832 -7238 • fax (409) 832 -7303 Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100186 D(HIBHT A, PAGE 4 OF 4 FOUND ----� PK NAIL J CAPPED IRON ROD E-a o W - ri PAR zw m � 3 b b o N o. 0 POINT OF TERMINATION — EXCLUSNE 15' WIDE SANITAR) SEWER EASEMENT FOUND 3/4' —^"' IRON ROD L5 J FDVNO CAPPED IRON ROD ABANDONMENT OF STREET ORDINANCE N0. 13 -025 CLERKS FILE NO. 2013014473. O.P.R.J.C. COMMENCING POINT EXCLUSIVE 10' WIDE SANITARY SEWER EASEMENT FOUND "X" IN —\ CONCRETE POINT OF Iq STAGG BEGINNING On EXCLUSVE LQ DRIVE 10' WIDE SANITARY SEWER EASEMENT - CENTERLINE EXCLUSIVE HEB GROCERY COMPANY, LP M 1 15' WIDE SANITARY CLERKS FILE NO. 2012038251, O.P.R.J.C. SEWER EASEMENT LET 3 COLLEGE STREET COMPLEX N ! iCLERKS FILE N0. 2013001919, O.P.R.J.C. M (CALLED 10.1626 ACRES) Pl lsf ICIy ! I N 89'59'09" W 351.73 b CENTERLINE i 4 EXCLUSVE 10' WIDE SANITARY SEWER EASEMENT -,—POINT OF TERMINATION EXCLUSVE 10' WIDE SANITARY SEWER EASEMENT =OUND IRON ROD 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 SEPTEMBER 2012 AND APRIL 2013, WALTER J. KSIAZEK REGISTERED PROFE55IONAL SURVEYOR N . 5321 FOUND SCRIBED NUMBER AMERICAN OFf7CE, LLC Q CLERKS FILE NO. 2003005206. O.P.R.J.C. COMMENCING (CAVED 1.1623 ACRES) POINT POINT OF EXCLUSIVE BEGINNING 15' WIDE SANITARY D(CLUSNE SEWER EASEMENT 15' WIDE SANITARY FOUND / SEWER EASEMENT FOUND CAPPED IRON ROD PPr, NAIL (CALLED N 89'54'45 _ C ;50.31) L5 N 89'54'45 E 150.31 11.64 142.81 — N BT38'24' W FOUND ----� PK NAIL J CAPPED IRON ROD E-a o W - ri PAR zw m � 3 b b o N o. 0 POINT OF TERMINATION — EXCLUSNE 15' WIDE SANITAR) SEWER EASEMENT FOUND 3/4' —^"' IRON ROD L5 J FDVNO CAPPED IRON ROD ABANDONMENT OF STREET ORDINANCE N0. 13 -025 CLERKS FILE NO. 2013014473. O.P.R.J.C. COMMENCING POINT EXCLUSIVE 10' WIDE SANITARY SEWER EASEMENT FOUND "X" IN —\ CONCRETE POINT OF Iq STAGG BEGINNING On EXCLUSVE LQ DRIVE 10' WIDE SANITARY SEWER EASEMENT - CENTERLINE EXCLUSIVE HEB GROCERY COMPANY, LP M 1 15' WIDE SANITARY CLERKS FILE NO. 2012038251, O.P.R.J.C. SEWER EASEMENT LET 3 COLLEGE STREET COMPLEX N ! iCLERKS FILE N0. 2013001919, O.P.R.J.C. M (CALLED 10.1626 ACRES) Pl lsf ICIy ! I N 89'59'09" W 351.73 b CENTERLINE i 4 EXCLUSVE 10' WIDE SANITARY SEWER EASEMENT -,—POINT OF TERMINATION EXCLUSVE 10' WIDE SANITARY SEWER EASEMENT =OUND IRON ROD 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 SEPTEMBER 2012 AND APRIL 2013, WALTER J. KSIAZEK REGISTERED PROFE55IONAL SURVEYOR N . 5321 FOUND SCRIBED NUMBER 7.50 e Q Ll N 00'18'07" W 59.27 M N 00'18'03' W 59.27 L2 -4�4, 148.47 W M 0 pQ p'� 0pQ 0 0v�4.S'popo- L4 N 89'36'44" W 20.50 FOUND ----� PK NAIL J CAPPED IRON ROD E-a o W - ri PAR zw m � 3 b b o N o. 0 POINT OF TERMINATION — EXCLUSNE 15' WIDE SANITAR) SEWER EASEMENT FOUND 3/4' —^"' IRON ROD L5 J FDVNO CAPPED IRON ROD ABANDONMENT OF STREET ORDINANCE N0. 13 -025 CLERKS FILE NO. 2013014473. O.P.R.J.C. COMMENCING POINT EXCLUSIVE 10' WIDE SANITARY SEWER EASEMENT FOUND "X" IN —\ CONCRETE POINT OF Iq STAGG BEGINNING On EXCLUSVE LQ DRIVE 10' WIDE SANITARY SEWER EASEMENT - CENTERLINE EXCLUSIVE HEB GROCERY COMPANY, LP M 1 15' WIDE SANITARY CLERKS FILE NO. 2012038251, O.P.R.J.C. SEWER EASEMENT LET 3 COLLEGE STREET COMPLEX N ! iCLERKS FILE N0. 2013001919, O.P.R.J.C. M (CALLED 10.1626 ACRES) Pl lsf ICIy ! I N 89'59'09" W 351.73 b CENTERLINE i 4 EXCLUSVE 10' WIDE SANITARY SEWER EASEMENT -,—POINT OF TERMINATION EXCLUSVE 10' WIDE SANITARY SEWER EASEMENT =OUND IRON ROD 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 SEPTEMBER 2012 AND APRIL 2013, WALTER J. KSIAZEK REGISTERED PROFE55IONAL SURVEYOR N . 5321 FOUND SCRIBED NUMBER DIRECTION DISTANCE Ll N 00'18'07" W 59.27 CALLED N 00'18'03' W 59.27 L2 S 00'31'03' E 148.47 L3 S 00'18'07" E 59.29 L4 N 89'36'44" W 20.50 L5 N 87'38'24" W 11.64 CALLED I N BT38'24' W 11.64 0: \PRDJECTS \10050 \IOD50.0002 \Toak 01 \1005002SonEcmt.Cwg Nov 15, 2013 10:46om .P_ ET m� r n .n N o M n� bw o� 1n 0 5�0 100 S C A L E Flittz"h[pman A 10' & 15' WIDE EXCLUSIVE SANITARY SEWER EASEMENT INC. PROJECT NAYS: NEB GROCERY COMPANY, LP C�wg and Land &u w!m COLLEGE STREET, 1405 CORNERSTONE COURT, BEAUMONT. TEXAS BEAUMONT, TEXAS (409) 832 -7238 FAX (409) 832 -7303 DATE• 11 -14 -1: T.8.P.E, FIRM #1160 • T.X.L -S. FIR! EXHIBIT "2" SHEET NO. 4 PROJECT NO. 10050.0002 STATE OF IEXAS COUN Y OF JEFFERSON Ilil !IIIIAiIVN11YldAl!VIVIIII!IV t.° KNOW ALL MEN BY THESE PRESENTS: SANITARY SEWER EASEMENT 7013038860 THAT, HEB GROCERY COMPANY, LP, a Texas limited partnership, of the County of Bexar, State of Texas, hereinafter called "GRANTOR ", w h et h e r o n e o r m o r c. for and in consideration of the sum of ONE AND NO /100 DOLLAR ($1.00), and other good and valuable consideration in hand paid to 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 perpetual, non - exclusive, sanitary sewer easement (the 'Easement ") to construct, alter, and maintain sanitary sewer lines and related appurtenances on the hereinafter described lands which said easement is under. over, in and across that certain tract or parcel 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 hereo f for all purposes (the "Easement Area ") Fhe Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, removing sanitary sewer lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement 0(,'00-.00,44 F;1641s Area and use of the same for the purposes aforesaid; provided. hov�,ever that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere �N ith or hinder the business operations on the Grantor's adjacent property and /or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks, landscaping and /or lighting; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. Ifhe conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights -of -way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions "). This Easement may be amended or terminated only by the ,tiritten consent of the parties hereto, or their respective successors and assigns. (162007, (1(1-,;4 t164158 1 -0 HAVE AND TO HOLD the above described easement and right- of -wav unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page Follows] 06200 - .00-54 -1164158 EXECE'TED thisJfday of AfeVt .bey; 2013. GRANTOR: HEB Grocery Cornpany, LP, a Texas limited partnership 13y: VPrintedNarrie: Todd A. Piland Title: Executive Vice President ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF 13EXAR BEFORE ME, the undersigned authority, on this day personally appeared Todd A. Piland, the Executive Vice President of HEB Grocery Company, LP, a Texas limited partnership, 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 limited partnership for the purposes and consideration therein expressed and in the capacity therein stated. it GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day o f Gn�b�GP' 2013, RETURN TO NM UER BLIC xas /10/2015 )(,2 U".011'S4 ftl(,41cg Notary a ic, State of Texas City of Beaumont Antoinette Hardy° - En(yineering P.O. Box 3827 Beaumont, TX 77704 117 Fittz &Shipman INC. — Constdting Engineers and Land Surveyors Donald R. King, P.E. Ronald D. Fittz, P.L, R.P.L.S. (1948 -1987) WaltcrJ. Ksiazek, R.P.LS. Terry G. Shipman, P-L, Chairman Billy J. Smith, Jr., President EXHIBIT A, PAGE 1 OF 4 CENTERLINE DESCRIPTION FOR A 15' WIDE EXCLUSIVE SANITARY SEWER EASEMENT OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS NOVEMBER 14, 2013 That certain centerline for a 15' wide exclusive sanitary sewer easement (7.5' on each side of the centerline) out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and being across a called 0.5120 acre tract conveyed to HEB Grocery Company, LP as recorded in Clerks File No. 2013034130 of the Official Public Records of Jefferson County, Texas, a 0.20 acre tract for the abandonment of a portion of Stagg Drive described in Ordinance No. 13 -025 as recorded in Clerks File No. 2013014473 of the Official Public Records of Jefferson County, Texas and Lot 1 of College Street Complex as recorded in Clerks File No. 2013001919 of the Official Public Records of Jefferson County, Texas, said centerline being more particularly described by the courses and distances as follows: NOTE: Basis of Bearings is the west line of said Lot 1 having been called South 00 009'10" East 350.35 feet. COMMENCING at a capped iron rod found in the east right -of -way line of 11th Street for the southwest corner of a called 1.1623 acre tract conveyed to American Office, LLC as recorded in Clerks File No. 2003005206 of the Official Public Records of Jefferson County, Texas and the northwest corner of the said 0.5120 acre tract from which a PK nail found for the southwest corner of the said 0.5120 acre tract bears South 00 031'03" East 148.57 feet (called South 00 031'03" East 148.57 feet); THENCE North 89 °54'45" East along a portion of the south line of the said 1.1623 acre tract and a portion of the north line of the said 0.5120 acre tract a distance of 7.50 feet (called North 890 54'45" East) to a point for the POINT OF BEGINNING of the said centerline of the 15' wide exclusive sanitary sewer easement from which a PK nail found for the northwest corner of a called 0.4772 acre tract conveyed to HEB Grocery Company, LP as recorded in Clerks File No. 2013010405 of the Official Public Records of Jefferson County, Texas and the northeast corner of the said 0.5120 acre tract bears North 89 054'45" East 142.81 feet (called North 89 054'45" East); Fittz & Shipman, ML. Page 1 of 2 Project No. 1005002T1SanEsmt Plat & Description 1405 Cornerstone Court • Beaumont, Texas 77706 . (409) 832 -7238 • fax (409) 832 -7303 lx Board of Pro( Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 1001 86 EXHIBIT A, PAGE 2 OF 4 THENCE along the said centerline of the 15' wide exclusive sanitary sewer easement with the following courses and distances: South 00 °31'03" East a distance of 148.47 feet to an angle point; South 00 °18'07" East a distance of 59.29 feet to an angle point; South 00 009'10" East a distance of 350.69 feet to a point in a south line of said Lot 1 for the POINT OF TERMINATION of the said centerline of the 15' wide exclusive sanitary sewer easement from which a 3/4" iron rod found for the most westerly southwest corner of said Lot 1 bears North 87 °38'24" West 7.51 feet (called North 87 °38'24" West). This description is based on a survey made by Fittz & Shipman, Inc. during September 2012 and April 2013. Walter J. Ksiazek Registered Professional Land Surveyo No. 5321 Fittz & Shipman, Inc. Page 2 of 2 Project No. 10050T8Utilityesmt Plat & Description Fittz &Shipman INC Ronald D. Fittz, P.E., R.P.LS.;1948 -1987) Terry G. Shipman, P.E., Chairman Billy]. Smith, Jr., President Consulting Engineers and Land Suweyois Donald R. King, P.E. Walter J. Ksiazek, R.P.I_.S. EXHIBIT A, PAGE 3 OF 4 CENTERLINE DESCRIPTION FOR A 10' WIDE EXCLUSIVE SANITARY SEWER EASEMENT OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS NOVEMBER 14, 2013 That certain centerline for a 10' wide exclusive sanitary sewer easement (5' on each side of the centerline) out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and being across Lot 1 of College Street Complex as recorded in Clerks File No. 2013001919 of the Official Public Records of Jefferson County, Texas, said centerline being more particularly described by the courses and distances as follows: NOTE: Basis of Bearings is the west line of said Lot 1 having been called South 00 009'10" East 350.35 feet. COMMENCING at a "X" in concrete found in the north right -of -way line of Stagg Drive for an interior corner of said Lot 1; THENCE South 00 °23'52" West along an interior line of said Lot 1 a distance of 59.50 feet to a point for the POINT OF BEGINNING of the said centerline of the 10' wide exclusive sanitary sewer easement from which a "X" in concrete found for an interior corner of said Lot 1 bears South 00 °23'52" West 328.47 feet (called South 00 023'52" West); THENCE along the said centerline of the 10' wide exclusive sanitary sewer easement with the following courses and distances: North 89 036'44" West a distance of 20.50 feet to an angle point; South 00 °23'52" West a distance of 203.59 feet to an angle point; North 89 059'09" West a distance of 351.73 feet to an angle point; South 44 °14'11" West a distance of 220.18 feet to a point for the POINT OF TERMINATION of the said centerline of the 10' wide exclusive sanitary sewer easement from which 5/8" iron rod found in the northeasterly right -of -way line of College Street for an angle point of said Lot 1 bears South 34 016'34" East 179.90 feet (called South 34 016'34" East). This description is based on a survey made by Fittz & Shipma ng September 2012 and April 2013. alter J. Kslaz *:� 4z' `�10 .. Registered Profession Land Su r No. 5321 .. . .................WALTER a. i Fittz & Shipman, Inc. ............. Page 1 of 1 PP Project No. 1005002T1 SanEsmt Plat & Description q�0 SURYE'�Q� 1405 Cornerstone Court Beaumont, Texas 77706 (40M 832 7238 fax (409) 832 -7303 Tx Board of Pro' Engineers Firm No. 1160 • Tx Poard of Prof Land Surveyors Firm No. 100186 EXHIBHT A, PAGE 4 OF 4 FOUND CAPPED IRON ROD u H or o u W N z w r �!Q w °L > m o� ul w o 0 . O 3 0 0 (, Fn v) C S c, c T--4 - C T—i U POINT OF TERMINATION — EXCLUSIVE 15' WIDE SANITARI SEWER EASEMENT 7.51--- FOUND 3/4"- IRON ROD L5 FOUND CAPPED IRON ROD COMMENCING POINT EXCLUSIVE 10' WIDE SANITARY SEWER EASEMENT FOUND "X" IN CONCRETE POINT OF Lq STAGG BEGINNING L4 DRIVE 10' WIDE SANITARY SEWER EASEMENT CENTERLINE (n LO EXCLUSIVE HEB GROCERY COMPANY, LP r<i I 15' WIDE SANITARY CLERKS FILE NO. 2012038251, O.P.R.J.C. O SEWER EASEMENT LOT 1 3 o COLLEGE STREET COMPLEX I L0 CLERKS FILE NO. 2013001919, O.P.R.J.C. ,) W (CALLED 10.1626 ACRES) O 2 O O V) o _N 89.59'09" W 351.73 p In 00 CENTERLINE EXCLUSIVE I + tKj�� 10' WIDE SANITARY / SEWER EASEMENT tK D� POINT OF FOUND TERMINATION EXCLUSIVE 10' WIDE SANITARY SEWER EASEMENT FOUND 5/8" IRON ROD SCRIBED "X NUMBER AMERICAN OFFICE, LLC DISTANCE CLERKS FILE NO. 2003005206, O.P.R.J.C. COMMENCING (CALLED 1.1623 ACRES) POINT POINT OF EXCLUSIVE BEGINNING 15' WIDE SANITARY EXCLUSIVE SEWER EASEMENT 15' WIDE SANITARY FOUND SEWER EASEMENT FOUND CAPPED IRON ROD K NAIL (CALLED N 89'54'45" E 150.31) L5 N 89.54'45" E 150.31 C r �, u? 142.81 I N 87'38'24" W 00 7.50 Q M W o t' a QP O� P t 0 o GOO'S �� I G ry0 GQ 0. _ ��� G 4 cn 0 (n G `` FOUND ABANDONMENT OF STREET PK NAIL ORDINANCE NO. 13 -025 J M CLERKS FILE NO 2013014473, IJ O. P. R.J.C. FOUND CAPPED IRON ROD u H or o u W N z w r �!Q w °L > m o� ul w o 0 . O 3 0 0 (, Fn v) C S c, c T--4 - C T—i U POINT OF TERMINATION — EXCLUSIVE 15' WIDE SANITARI SEWER EASEMENT 7.51--- FOUND 3/4"- IRON ROD L5 FOUND CAPPED IRON ROD COMMENCING POINT EXCLUSIVE 10' WIDE SANITARY SEWER EASEMENT FOUND "X" IN CONCRETE POINT OF Lq STAGG BEGINNING L4 DRIVE 10' WIDE SANITARY SEWER EASEMENT CENTERLINE (n LO EXCLUSIVE HEB GROCERY COMPANY, LP r<i I 15' WIDE SANITARY CLERKS FILE NO. 2012038251, O.P.R.J.C. O SEWER EASEMENT LOT 1 3 o COLLEGE STREET COMPLEX I L0 CLERKS FILE NO. 2013001919, O.P.R.J.C. ,) W (CALLED 10.1626 ACRES) O 2 O O V) o _N 89.59'09" W 351.73 p In 00 CENTERLINE EXCLUSIVE I + tKj�� 10' WIDE SANITARY / SEWER EASEMENT tK D� POINT OF FOUND TERMINATION EXCLUSIVE 10' WIDE SANITARY SEWER EASEMENT FOUND 5/8" IRON ROD SCRIBED "X NUMBER I DIRECTION DISTANCE L1 IN 00.18'07" W 59.27 CALLED N 00'18'03" W 59.27 L2 S 00.31'03" E 148.47 L3 S 00'18'07" E 59.29 L4 N 89.36'44" W 20.50 L5 N 87.38'24" W 11.64 CALLED I N 87'38'24" W 11.64 COLLEGE STREET SURVEYOR'S CERTIFICATION: F'7d) I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, sey• Ca '9;•.THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE y. J,n Q S ON THE GROUND UNDER MY SUPERVISION DURING SEPTEMBER 2012 . AND APRIL 2013. ' °° 'n ........... °' • WALTER J. KSIAZEK �......, ................... f.... •� 5321 �• • .9 WALTER J. KSIAZEK �•'�.;�E� $ 0�.•� Q REGISTERED PROFESSIONAL LAND VEYOR NO. 1 '••••• AHD SURVti�© Q: \PROJECTS \10050 \10050.0002 \Tosk 01 \1005002SonEsmt.dwg Nov 15, 2013 10:46om �N r` rn °' rl 03 3 N R M N O M N 00 O Ld J N v 0 50 100 S C A L E Fittz &Shipman A 10' & 15' WIDE EXCLUSIVE SANITARY SEWER EASEMENT SHEET NO. INC. PROJECT NAM: HEB GROCERY COMPANY, LP 4 ComulangEn&neers and Land Swwyors COLLEGE STREET, 1405 CORNERSTONE COURT, BEAUMONT. TEXAS BEAUMONT, TEXAS PROJECT NO. (409) 832 -7238 FAX (409) 832 -7303 DA"'�fr�'Cr :i1 -14 -13 10050.0002 T.B.P.E. FIRM #1160 • T.X.L.S. FIRM #100186