HomeMy WebLinkAboutRES 13-273RESOLUTION NO.13 -273
WHEREAS, Revon Craig and Martha Conway have agreed to convey one (1) ten foot (10')
wide exclusive sanitary sewer easement, said easement being a 0.0373 acre tract out of
and part of Block 1, Oaks Addition situated in the David Brown League, Abstract No. 5, as
described in Exhibit "1" and shown on Exhibit "2," attached hereto, to the City of Beaumont
for the purpose of constructing and repairing the sanitary sewer line located at 195 North
7th 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 Revon Craig and Martha Conway, 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 10th day of
December, 2013.
a")
-M
Becky Ames -
STATE OF TEXAS X
COUNTY OF JEFFERSON X
KNOW ALL MEN BY THESE PRESENTS:
SANITARY SEWER EASEMENT
THAT, PATRICK H. MILLER, of the County of Jefferson, State of Texas, hereinafter
called "GRANTOR ", for and in consideration of the sun 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, 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 & 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, 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 fi•om the tract 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.
EXHIBIT 1"
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 day of , 20___
GRANTOR:
PATRICK H. MILLER
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE MI---, the undersigned authority, on this day personally appeared PATRICK H.
MILLER, known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
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, TX 77704
EXHIBIT "A"
Legal Description: 0.0088 Acre Sanitary Sewer Easement
Out of and Part of Block 1
Oaks Addition
Volume 3, Page 149, Map Records
David Brown League, Abstract No. 5
Beaumont, Jefferson County, Texas
BEING a 0.0088 acre sanitary sewer easement situated in the David Brown League, Abstract
No. 5, Jefferson County, Texas and being out of and part of Block 1 of the Oaks Addition, a
subdivision of the City of Beaumont, Jefferson County, according to the plat thereof recorded in
Volume 3, Page 149, 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 Charlsie
Elizabeth Berly to Patrick H. Miller and wife, Robin R. Miller as recorded in Film Code No.
101 -95 -0344, Official Public Records of Real Property, Jefferson County, Texas, said 0.0088
acre sanitary sewer easement being more particularly described as follows:
Note.' All bearings are referenced to the West line of the said Block 1 as NORTH
00 000'00" WEST.
COMMENCING at a 1/2" iron pipe found for the Southeast corner of the said Miller tract, said
corner also being the Southeast corner of the said Block 1 and being the intersection of the North
right -of -way line of South Street (based on a width of 60 feet) and the East right -of -way line of
Seventh Street (based on a width of 60 feet);
THENCE SOUTH 89 059'53" VILEST, along and with the South line of the said Miller tract, the
same being the South line of the said Block 1 and the North right -of -way line of South Street, for
a distance of 145.60 feet to the POINT OF BEGINNING of the easement herein described;
THENCE SOUTH 89 059'53" WEST, continuing along and with the South line of the said Miller
tract, the same being the South line of the said Block 1 and the North right -of -way line of South
Street, for a distance of 5.00 feet to a point of for corner (unable to find or set corner due to brick
column), said corner being the Southwest corner of the said Miller tract and the Southeast corner
of that certain called 0.248 acre tract of land as described in a "Warranty Deed with Vendor's
Lien" from Frank Kent Churchill and wife, Amy Ruth Churchill to Donald Ray Bailey as
recorded in Clerk's File No. 98- 9812834, Official Public Records of Real Property, Jefferson
County, Texas;
THENCE NORTH 00 000'00" WEST, along and with the boundary between the said Miller tract
and the said 0.248 acre Bailey tract, for a distance of 76.99 feet to a point for corner, said comer
being the Northwest corner of the said Miller tract and the most Southerly Southwest corner of
that certain called 1.30 acre tract of land as described in a "Special Warranty Deed with Vendor's
Lien" from Bank of America N.T. and S. A. to O. Revon Craig and Martha Ann Conway as
recorded in Film Code No. 104 -44 -0296, Official Public Records of Real Property, Jefferson
County, Texas;
EXHIBIT "A"
Page 1 of 2
A-IARR' li! {YIIlTELE]'ANDASSOCI,I
THENCE NORTH 89 059'53" EAST, along and with the boundary between the said Miller tract
and the said 1.30 acre Craig, et al. tract, for a distance of 5.00 feet to a point for corner;
THENCE SOUTH 00 000'00" EAST, over and across the said Miller tract and parallel and 5 feet
perpendicular to the West line of the said Miller tract, for a distance of 76.99 feet to the POINT
OF BEGINNING and containing 0.0088 Acres, more or less.
Surveyed on February 19, 2013. This legal description is being submitted along with a plat
based on urvey (see E IBIT "B ").
_..-�' (�• 9 F TES'
.• � s r e A•..yy
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CO r ..F
Thomas S. Row , PLS No. 5728 THOMAS S:A�W•
,....q ... 572a J."
W:12013413- 130113 -130 Miller M&B.doc
...........
C-gti 9� F C S S, jam`
EXHIBIT "A"
Page 2 of 2
MIRK s< INC:
S, i 1�NOnNG W THIS SURVEY IS WIENDED TO EXPRESS AN ORNON REGARDING p
O !^1
cn g UDGWW BY THE C ESSURWVW, WMCHI S TO BE AN EXPRESSM OF BASED ON HIS BEST KNOWLEDG�MAITON
to cn g AND BQJEK FORMED W THE COURSE OF HIS PERFORMING THE SURVEY W COMPLNNCf
MIIITH 7W STANDARDS OF PROM REQUIRED AND PROMULGATED BY THE TOGAS BOARD � 0 M
Or PROFESSIONAL [AHD SURVEYORS AND THE TWS SOCIETY OF PROFESSIONAL W
Uca SURVEYORS AS SUCH. fT CONSIIRM NEITHER A WARANTW NOR A WARRANTY, EXPRESSED OR IMPLIED. % T"1
c H
c� MINOR STREET
r� $ (60' ROW) a'
REFERENCE BEARING ASSUMED w t CCi
Qty �a (CALL 145.00) (C4U 155.007
,,,, o ►; FND NOO'OO OO V 145.06 FND N00'00'00M' 154.94
�c) CY
:m 0-':(n•
G�yq f c o V�/1Ty ��°' v (CALL 145.00') ci
FND S00'01'411E 145.15'
w
r
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0
01 �yAG-1 p
y DO)wO (n o
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"'i 0 D
zzDOKmA
mpmn�mmq
(n ;u 0ccozy
o
momo�'
0
a
a 7Ae
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(CALL 77.00)
o x��
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vOil N`fi
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x
FIND SOW00100T 76.99'
(CALL 77.00)
—310
SEVENTH STREET
(60' ROW)
EXHIBIT "2"
_ �ne
O
FND S00'02'35T 223.00'
(CALL 223.00')
9044M 1 0=40'
a
(CALL 77.00)
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vOil N`fi
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x
FIND SOW00100T 76.99'
(CALL 77.00)
—310
SEVENTH STREET
(60' ROW)
EXHIBIT "2"
_ �ne
O
FND S00'02'35T 223.00'
(CALL 223.00')
9044M 1 0=40'
ufliiu������nMuu
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
SANITARY SEWER EASEMENT
THAT, REVON CRAIG AND MARTHA CONWAY, of the County of Jefferson, State
of Texas, hereinafter called "GRANTORS", for and in consideration of the sum of ONE AND
N0/100 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, 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 & 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, 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 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.
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 1 —1 day ofkour,-4- , 20
GRANTORS:
REVON CRAIG
t
4�MllltHA CONWAY
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared REVON
CRAIG, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,
20.
irY SltuiM 03:1S���'�
. ���'.• t !'ems
Notary Public, State of texas
My Commission Expires
March 30, 201 b
�sa•..iiY'/�%'--bd 1..^."i�
.EY. •. �T��st�"1a 3;T'4^L�a"�'+.w:i��2.:.Yi 4'
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared MARTHA
CONWAY, known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
201.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this R day of
I�tOttY Y Ui7iIC, Siate Qi leXCS y,
M fission ExPisus
y Ccrr-rn e T 2O'l G�
RETURN TO: City of Beaumont
Antoinette'Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
EI'HIBIT "A„
Legal Description: 0.0373 Acre Sanitary Sewer Easement
Out of and Part of Block 1
Oaks Addition
Volume 3, Page 149, Map Records
David Brown League, Abstract No. 5
Beaumont, Jefferson County, Texas
BEING a 0.0373 acre sanitary sewer easement situated in the David Brown League, Abstract
No. 5, Jefferson County, Texas and being out of and part of Block 1 of the Oaks Addition, a
subdivision of the City of Beaumont, Jefferson County, according to the plat thereof recorded in
Volume 3, Page 149, Map Records, Jefferson County, Texas and also being out of and part of
that certain called 1.30 acre tract of land as described in a "Special Warranty Deed with Vendor's
Lien" from Bank of America N.T. and S. A. to O. Revon Craig and Martha Ann Conway as
recorded in Film Code No. 10444-0296, Official Public Records of Real Property, Jefferson
County, Texas, said 0.0373 acre sanitary sewer easement being more particularly described as
follows:
Note: All bearings are referenced to the West line of the said Block I as NORTH
00000'00" WEST.
BEGINNING at a 3/4" iron rod found for the most Westerly Southwest corner of the said 1.30
acre Craig, et al. tract, the same being the Northwest corner of that certain called 0.2497 acre
tract of land as described in a "General Warranty Deed" from Jeffery R. McManus to Dorothy
Way and Julienne Camara as recorded in Clerk's File No. 2006028219, Official Public Records
of Real Property, Jefferson County, Texas and also being in the West line of the said Block 1 and
the East right-of-way line of Minor Street (based on a width of 60 feet) and said corner bears
NORTH 00°00'00" WEST a distance of 145.06 feet from a 3/4" iron rod found for the Southwest
corner of the said 0.2497 acre Way, et al. tract and the intersection of the East right-of-way line
of Minor Street and the North right-of-way line of South Street (based on a width of 60 feet), the
same being the Southwest corner of the said Block 1;
THENCE NORTH 00000'00" WEST, along and with the West line of the, said Block 1 and the
East right-of-way line of Minor Street, the same being the most Northerly West line of the said
1.30 acre Craig, et al. tract, for a distance of 10.00 feet to a point for corner;
THENCE NORTH 89059'53" EAST, over and across the said 1.30 acre Craig, et al. tract and
parallel and 10 feet perpendicular to the most Northerly South line of the said 1.30 acre Craig, et
al. tract, for a distance of 102.30 feet to a point for comer;
THENCE SOUTH 00000'07" EAST for a distance of 5.00 feet to a point for comer;
THENCE NORTH 89059'53" EAST, parallel and 5 feet perpendicular to the most Northerly
South line of the said 1.30 acre Craig, et al. tract, for a distance of 52.70 feet to a point for
comer;
EXHIBIT "A"
Page 1 of 2
MARK W. WHITELEYAND ASSOCIATES, INC:
THENCE SOUTH 00000'00" EAST, parallel and 5 feet perpendicular to the most Southerly
West line of the said 1.30 acre Craig, et al. tract, for a distance of 73.07 feet to a point for corner,
said corner being in the most Southerly line of the said 1.30 acre Craig, et al. tract and in the
North line of that certain tract of land as described in a "Warranty Deed with Vendor's Lien"
from Charlsie Elizabeth Berly to Patrick H. Miller and wife, Robin R. Miller as recorded in Film
Code No. 101-95-0344, Official Public Records of Real Property, Jefferson County, Texas;
THENCE SOUTH 89059'53" WEST, along and with the boundary between the said 1.30 acre
Craig, et al. tract and the said Miller tract, for a distance of 5.00 feet to a point for corner, said
corner being the Northwest corner of the said Miller tract and the most Southerly Southwest
corner of the said 1.30 acre Craig, et al. tract and being in the East line of that certain called
0.248 acre tract of land as described in a "Warranty Deed with Vendor's Lien" from Frank Kent
Churchill and wife, Amy Ruth Churchill to Donald Ray Bailey as recorded in Clerk's File No.
98-9812834, Official Public Records of Real Property, Jefferson County, Texas;
THENCE NORTH 00000'00" WEST, along and with the boundary between the said 1.30 acre
Craig, et al. tract and the said 0.248 acre Bailey tract, for a distance of 68.07 feet to a point for
corner, said corner being the Northeast corner of the said 0.248 acre Bailey and an interior ell
corner of the said 1.30 acre Craig, et al. tract;
THENCE SOUTH 89059'53" WEST, along and with the boundary between the said 1.30 acre
Craig, et al. tract and the said 2.48 acre Bailey tract and the said 0.2497 acre Way, et al. tract, for
a distance of 150.00 feet to the POINT OF BEGINNING and containing 0.0373 Acres, more
or less.
Surveyed on February 19, 2013. This legal description is being submitted along with a plat
based on this survey (see EYMI T "B").
Tl
WA
MARA SY. WHIJELEYAND ANJ•(!GMJBJ; //VC,
EXHIBIT "B" LAuj
REFER TO EXHIBIT 'A" ** I
FOR LEGAL DESCRIPTION NOTE
^Z9 ** - CALCULATED CORNERS.
o�
0.0373 ACRE SANITARY
0
SEWER EASEMENT
o** L2 **
�
,� **
o x —
CALLED 1.30 ACRES
0. REVON CRAIG
FC. NO. 104-44-0296
OPRJC
P FND N895953"E 75.00FND N8959'53"E 75.1
(CALL 75.00') (CALL 75.00)
� � o FND S8905953 V 150.00'
m (CALL 150.00')
i FND 3/4"
c � I. ROOD
O
in
z aoyME E-4 o 0
0 oa az W l� _ui
2 le W p o .1�1-
� i H p z o CALLED 0.2497 ACRES � :''� CALLED 0.248 ACRES
cn c > o o JULIENNE CAMARA DONALD RAY BAILEY
13 is a o m o CF. NO. 2006028219 o CF. NO. 98-9812834
W¢ o OPRJC o OPRJC
no FE
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(CALL 150.00')-
FND S895953"W 150.00'
FND 314lei"
1. ROD
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FND 3I4" FND N89'56'02 "W 75.07' FND S!
�yWxm�IW.
1. ROD (CALL 75.00) (I
o
TO THE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF THE SURVEY.•
I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME
OF THE SURVEY.
DATE SURVEYED
FEBRUARY 19 2013 F F
0
9 5728
WOOD & FRAME
RESIDENCE
LINE
BEARING
DISTANCE
Ll
N00.00'00'W
10.00,
L2
N89.59'53'E
102.30'
L3
S00.00'07'E
5,00'
L4
N89059'53'E
52.70'
L5
S00.00'00'E
73.07'
L6
S89.59'53'W
5.00'
L7
N00.00'00'W
68,07'
7 **
10' X 16'
GREEN HOUSE
i
N1 CALLED 1.30 ACRES
0. REVON CRAIG
FC. NO. 104-44-0296
OPRJC
**
1+0 FND 1/2"
** w — w 1. ROD
FND S89'5953"W 150.60'
WOOD &FRAME (CALL 150.00)
BATHROOM
rn
BRICK & FRAME
°f
GARAGE
^ _
o
PATRICK H. MILLER, JR, et. ux.
.w c
o
I
FC. NO. 101-95-0344
o
OPRJC
o
z
PROPOSED 0.0088 ACRE
SANITARY SEWER EASEMENT
4ef w /4.s3- - FND S89'59'!
75.00') (CALL 1
FND S895953"W 300.65' SOUTH ST
(CALL 300.00) (60' Ro4
CITY OF BEAUMONT
MARK W. WHITELEY
AND ASSOCIATES
INCORPORATED
MNSULTM ENGMM,
SURMORS, AND PLANNM
7fu.. xasVearea �iueerinr
Flim F-EA,93
P. 0. mm amZo
no= "l-ITO
SP80 LalIQ fAPL
50.60'
W
Ew3
coo
8
0.0373 ACRE SANITARY
SEWER EASEMENT
OUT OF AND PART OF BLOCK 1
OAKS ADDITION, VOLUME 3,
PAGE 149, MAP RECORDS
DAVID BROWN LEAGUE
ABSTRACT NO. 5
BEAUMONT, JEFFERSON
COUNTY, TEXAS