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HomeMy WebLinkAboutRES 13-274RESOLUTION NO. 13-274 WHEREAS, Patrick H. Miller has agreed to convey one (1) five foot (5') wide exclusive sanitary sewer easement, said easement being a 0.0088 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 134 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 Patrick H. Miller, 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 e� gEAUNj� %% 1 W ••• tia f, - MavoklBeckv Ames'- STATE OF TEXAS X COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS: 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 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 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 EXHIBIT 1" 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 Basement Property. TO HAVE AND TO HOLD the above described easement and right -of -way unto the said CI'T'Y OF BEAUMONT, its successors and assigns forever. EXECUTED this _ day of 20 GRANTORS: REVON CRAIG MARTHA 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 lie executed the salve for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 20 Notary Public, State of Texas 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 lie 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 R1 "TURN TO: City of 1:3eaurnont Antoinette Hardy - Engineering 1'. O. Box 3827 13caumont, TX 77704 EXHIBIT "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. 104 -44 -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 hearings 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 00 000'00" 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 Fast 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 00 000'00" 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 89 059'53" 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 corner; THENCE SOUTH 00 000'07" EAST for a distance of 5.00 feet to a point for corner; THENCE NORTH 89 059'53" 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 corner; EXHIBIT "A" AIARX lf! H'!/ITE!_EY INOASSOCIA"IT S, INC. THENCE SOUTH 00 °00'00" 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 89 05953" 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 00 000'00" 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 comer, 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 89 059'53" 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 EXHIBIT "B "). F TH. FOW. Thomas S. Rowe, LS No. 5728 ................. �2g `9 �ofFSS`oa'�� W,Q013113- 130113- 13DCaigrnctM&a,aa '•IS, 9, � EXHIBIT "A" Page 2 of 2 MARK ti' li' Nr7�h .Lx•v,rlVn:lSSnc�-i7f:.s. INC. AQW o g ox 1. N07MG IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION R£GARDWG 1 rrii{{ d^o� 2.T THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSM OF PROFMONN. x Z 2 JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE; INFiOWTION �j x sh g AND RMEF, FORMED IN THE COURSE OF HIS PERFORUM THE SURVEY IN AOANt ANCE H WTIH THE STANDARDS OF PRACRCE REQUIRED AND PROMULGATED BY THE TDIAS BOARD ° cai OF PROFE551ONAL LAND SURVEYORS AND THE TEXAS SOGTETY OF PRMSSOW M p SURVEYORS AS SUCH, IT CONSMUTES KERNER A GLARANTEE NOR A WARRANTY, EXPRESSED OR IAIPUED. ix � MINO)? STREET REFERENCE BEARING SUMED �: z Ta'' o (CALL 145.00' (CALL 155.00') _ :'D FND NOO'0000"W 145.06 FND N00'0000V 154.94 0 N h Z4 �* No 0 Z ° t C.5 E2 05 rn 3q1 co � p� N `i5 i� S: raa ;fie c '''' co �° 77 �'t ;:U %�O �r'� s, V ��cr (CALL 145.00') ell X75 FND S00'OT 41 E 145.15 ic_ o� e0 �, %ryT`1Q �,�" �W o ►.. o 00 (pro g 01 FIR (CALL 77.00) FND NOD'00100V 76.99' a po 7;f �. 2; o I -' i d In go I o� o g b I O o, �, -n °� Q i fry >007-n,-8 O D _<m O � cc, �a0K rn�Z�z�m� m O D n O Om m? FND S00'00'00'E 76.89' FND S00'02'35 E 22.%00' 0 0 c m Z n (CALL 77.00) (CALL 223.00-) O m0mo�� SUE (NTH SMET SC"' 1"=40' EXHIBIT "2" rrrrrrrr V O� U[ 1► G? N �" Z Z oapoapoflpo� Vl V1ZL/ZZtsf o�pn�po�pPb p� O� O� O Z oUlotJl�IUIO� e GAD �IVUI!vo2 LN� µ � v�VO�Bo ©� :off", aaueuw iSTATE OF TEXAS X, COUNTY OF JEFFERSON X SANITARY SEWER EASEMENT THAT, PATRICK H. MILLER, of the County of Jefferson, State of Texas, hereinafter called "GRANTOR", 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, 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 a(,rees not to place any strucur-es or apputlenances within the Easement Property. Grantee shall not be responsible for the repair and replacement of any pa% ing or other structures within the Easement Property. IIO HAVE, AND TO IFOLD the above described easement and right-olAvoy unto the said ('11 Y OF' BEAlMUMV its successors and assigns forever. FXECUTED this i _ day of L)ir 6 r , 20� GRANTOR: A. PATCI{ 1-1. MILLER ACKNOWLEDGMENT S-1 A I E OF TEXAS X GO 1N'l l" OF .IEI,Fr- RSON X BEFORE MI?, the undersigned authority, on this day personally appeared PATRICK H. 1\91LF.ER, known to me to be the person \vhose name is subscribed to the forego' nzr instrument aml acknowledped to me that he executed the same for the purposes and consideration therein cxpressed. r GIVEN UNDER MY HAND AND SEAL OF OFFICE. this day of, LATASHA YVONNE SAMES My Commission Expires �.,7aK,, January 15. 2017 Cif -I No y 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 I as NORTH 00000'00" 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 8905953" WEST, 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 89059'53" 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 00000'00" 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 corner 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 1IARK1V11Ili I LLi.+1NIIANNO(1111N,Cl(. THENCE NORTH 89059'53" 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 00000'00" 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 thj9'Vurvey (see EXHIBIT "B"). Thomas S. Row , PLS No. 5728 (�ViibAS,S;ROW(}. 5728 �P; 0 W:12013113-I30113-l30 Miller M&B.doc 10;O •• SU��� EXHIBIT "A" MARK IV INC I� 0k=„ T S YFJS (,00'fZZ 77VD) 00'rU j9F ZO.00S ON.i r �(�Mcw ,09) issaw L1MMS (,00'LL 77►O) ,66'9L 3,00,00.00S ONJ ono O p p� "qc�g;z sC o Q m 0 �� h. L�� e y , 91 '9* 1 3,1 t,10.00S ON3 ^ .'e aWi Op c� pp �u0 Q 4S �O y •1 I) UK NU p^ Hw �^ NW �� �W �b b o°io� Z aZ�s Y �rj 0) U Z of��iwj O QZm500Lf)Oxcn � 0 U W W 0 U- X Z >� z cancel- aZf- w� wwQOa�Q�'> a�mo<, - aLu m�O� oinLLcn 5; Lo 2 o �OaO m O ,*6-tg}j (,00'SS! ALOO,OO.00N ON-4 :r TN) ,., ' ,90'SY! 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