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HomeMy WebLinkAboutRES 14-113RESOLUTION NO.14 -113 WHEREAS, M & I Electric Industries, Inc. has agreed to convey a ten foot (10') wide exclusive water line easement, said easement being a 0.0933 acre tract out of the J.W. Bullock Survey, Abstract No. 7, 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 6" water line loop and fire hydrant at 4775 S. Martin Luther King Parkway; 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 ten foot (10') exclusive water line easement conveyed by M & I Electric Industries, Inc., being a 0.0933 acre tract out of the J.W. Bullock Survey, Abstract No. 7, as described in Exhibit "1" and shown on Exhibit "2," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of May, 0 LU i s - M or Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, M & I ELECTRIC INDUSTRIES, INC., State of Texas 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 CI'T'Y OP 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 _thosc_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 ", 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 EXHIBIT "1" 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 Or BEAUMONT, its successors and assigns forever. EXECUTED this _ day of , 2014. GRANTOR: M & 1 ELECTRIC INDUSTRIES, INC. By: Printed Name: James J. Steffek Title.: _President ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared JAMES J. STEFFEK as PRESIDENTof M & I ELECTRIC INDUSTRIES, INC., 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 I4AND AND SEAL OF OFFICE, this day of , 2014. Notary Public, State of Texas RETURN 'I'O: City of Beaumont Antoinette Hardy _ Isngineenng P. O. Box 3827 Beaumont, TX 77704 Fittz &Shipman INC. Ronald D. ritiz, P.C., R.IJ_S. (1948 -19M Terry G. Sliip.)man, P.E., Gtairm,in Billy J. Smith, Jr., Presided Considling Fngineeis ancd Land Surveyoi s Donald R. King P. %.. Walter J. Ksiawk, R.P.L.S. EX111BIT A, PAGE 1 OF 3 CENTERLINE DESCRIPTION FOR A 10' WIDE EXCLUSIVE WATER LINE EASEMENT OUT OF THE J. W. BULLOCK SURVEY, ABSTRACT 7 JEFFERSON COUNTY, TEXAS NOVEMBER 1.4, 2013 REVISED: MAY 1, 2014 That certain centerline for a I T wide exclusive water line easement out of the J. W. Bullock Survey, Abstract 7, Jefferson County, Texas, and being across a called 1.35 acre tract conveyed to Marine & Industrial Electric Supply Company, Inc. as recorded in Volume1920, Page 159 of the Deed Records of Jefferson County, Texas, said centerline being more particularly described by the courses and distances as follows: NOTE: Basis of Bearings is the southwesterly line of the said 1.35 acre tract having been called North 37 049'00" West 250.03 feet. COMMENCING at a 4' fence post found in the northeasterly right -of -way line of S. MLK Jr. Parkway for the south corner of a called 1.783 acre tract conveyed to Jacas Properties, L.L.C. as recorded in Clerks File No. 9729591 of the Official Public Records of Jefferson County, Texas and the west corner of the said 1.35 acre tract; - THENCE North 51054'34" East along the southeasterly line of the said 1.783 acre tract and the northwesterly line of the said 1.35 acre tract a distance of 233,55 feet (called North 52 006'00" East 234,00 feet to a 4" fence post found for the north corner of the said 1.35 acre tract THENCE South 00 °47'38' East a distance of 18.86 feet to a point in the southeasterly line of a 30' wide drainage easement granted to the State of Texas as recorded in Volume 460, Page 292 of the Deed Records of Jefferson County, Texas for the POINT OF BEGINNING of the said centerline of the 10' wide exclusive water line easement; THENCE along the centerline of the said 10' wide exclusive water line easement with the following courses and distances: South 38 °05'26" East, at a distance of 81.08 feet pass a point for the POINT OF BEGINNING of TAP A from which the POINT OF TERMINATION of TAP A bears North 51 054'34" East 10.00 feet, and continuing a total distance of 178.72 feet to an angle point; Fittz & Shipman, Inc. Page 1 of 2 Project No. 13099WtrEsmt Plat & Description 1405 Cornerstone (:our[ • Beaumont, texas 77706 , (409) 832 -7238 - fax (409) 332 -7303 Lx Board of Prof Engineers Firm ho. 1160 • Tx Board of Prof Land Surveyors Firm No. 100786 EXHIBIT A, PAGE 2 OF 3 South 51052'53" West a distance of 223.05 feet to a point in the said northeasterly right - of -way line of S. MILK Jr. Parkway and the southwesterly line of the said 1.35 acre tract for the POINT OF TERMINATION of the said centerline of the 10' wide exclusive water line easement from which a 518" iron rod found for the south corner of the said 1.35 acre tract bears South 37 °49'00" East 55.63 feet (called South 37 °49'00" East). This description is based on a survey made by Fittz & Shipman, Inc. during September 2012 Y Walter J. Kslazek Registered Professio+Lnd vey r No. 5321 Fittz & Shipman, Inc. Page 2 of 2 Project No. 13099WtrEsmt Plat & Description �� .•• - . tb5¢6wuaaacaeiea.......... °..... ALTS ' K w r�_ .�.srl'EIK" 0r C: \PROJECTS \13099 - Mhl El.0 Wa010u Se, New Office [clay \Mkl Elec. Warehouse \Sur Way \13099WIal'Smt. O19 May 02, 2014 09:02am PROPOSED WATER LINE n r L �a C wm ..2 x D ^ate to 0 xm� W o A D�ncm Q n - i yo -u v rnl N 0 (' t5+ C ozxc O 0;11 w O z -1 N z l0 p9� v a 0m �a C O s 4, Ni I j n c N O r11 no Ut " tp Z N M "9 ✓� O �.., f' C *1 M c O � mzz Ar n m vz z mC0- zmrn0 �p�53 � o Np � l � — rn — y0 r. �CAILED N 52'0600 E 234.004 o �roz 0 ozm N 515434' E 233.55 NCin gT 0 r*lCD ------ --. - -- N "" - .--- o x J _w w STATE OE TEXAS ------- z= n j 30' DRAINAGE EASEMENT f t VOL. 460, PC. 292. D.R.J.C. PROPOSED WATER LINE 1P C wm ..2 x D I00' xm� W o A D�ncm 0f I Otzh CCn - i yo rNVk` ova v rnl N y z (' t5+ C o��� oA mvV orn� � (f) N z l0 p9� v a 0m �a z s � Ni I j n c N ro 41 fz ohm o A v z Q� zD° JO z `. I o o w� N � m � m � a � n y0 ri o �roz 0 ozm NCin gT a C N c 2 o x J _w w 0° O u' z= n f 'a0 r p m ° W z rn X P� 0 EU'i R1 V�s cinm V1 ru 0 9n F z�0 �c D XO w � r a Z p r ITI n U rri m f K T rri O W A ro r o mn � � z r z o PROPOSED WATER LINE C C wm o 2z x D I00' xm� W o A D�ncm 0f I Otzh CCn - i yo rNVk` ova v rnl N TAP (' t5+ C o��� oA ZmZ m� mm orn� � (f) ym p9� '�,I� 'fl o q z z En ��Z vR� Ni I j m z z 41 fz ohm o A v z zD° JO z 1 / S 51'52'53' W 223.05 I o cyl W CA W a~ �. a z yam. t`•s d'� ti ? m p �JN w:C_:>RyN 09 ti,��::al oa ti..: �re o 1F _O :J xz o° z (CLERKS FILE NO. 2008017090) m (CALLED S 51'55'25' W 228.47) ° S 51'56'44' W 225.76 A �> C wm o 2z x D 8N n2m DO m I z N O d O � n orn� � (f) o q z D a, n EXHIBIT "2" A �> Pi you C DO wm M m o` sum 0 ON zy0 V °zrR D ADO '1 ° ohm o A v z zD° JO z °C1 box VI R• r� � � D o �roz 0 ozm NCin gT X m '0 a m CA 0 W 19486 Ea;.. �„oSTATE OF TEXAS X COUNTY OF JEFFE,RSON X WATER LINE EASEMENT THAT, M & I ELECTRIC INDUSTRIES, INC., State of Texas hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($i .00), and other good and valuable consideration to r�s in hand paid by t.I, 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", 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 strictures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of=way unto the said i. n LT ?Il4rl �NT, ,its successors and assigns forever. EXECUTED this1� day of 2014. GRANTOR: M & I ELECTRIC INDUSTRIES, INC. Bye Printed Name: James J. SteTfek .7 itle: President S LATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT X X BEFORE ME, the undersigned authority, on this day personally appeared DAMES J. STEFFEK as PRESIDENTof M & I ELECTRIC INDUSTRIES, INC., known to me to be the person and officer whose name is subscribed to the foregolm, 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 i ����� 2014 4�4 t Z 2 RFTURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 Notary Public. State of Texas Fittz&Shipman Consultin; Enainccrs and Lance Stm,e_vors Ronald D. Fitt--, P.E., R.P.L.S. Donald R. King, P.F. Terre C. Shipman, P.E., Chairman Vvalter J. Ksiazek, R.P_L.S_ Bilk I. Smith, 1r., President EXHIBIT A, PAGE 1 OF 3 CENTERLINE DESCRIPTION FOR A 10' WIDE EXCLUSIVE WATER LINE EASEMENT OUT OF THE J. W. BULLOCK SURVEY, ABSTRACT 7 ,IEFFERSON COUNTY, TEXAS NOVEMBER 14, 2013 REVISED: MAY 1, 2014 That certain centerline for a 10' wide exclusive water line easement out of the J. W. Bullock Survey, Abstract 7, Jefferson County, Texas, and being across a called 1.35 acre tract conveyed to Marine & Industrial Electric Supply Company, Inc. as recorded in Volume1920, Page 159 of the Deed Records of Jefferson County, Texas, said centerline being more particularly described by the courses and distances as follows: NOTE: Basis of Bearings is the southwesterly line of the said 1.35 acre tract having been called North 37°49'00" West 250.03 feet. COMMENCING at a 4" fence post found in the northeasterly right-of-way line of S. MLK Jr. Parkway for the south corner of a called 1.783 acre tract conveyed to Jacas Properties, L.L.C. as recorded in Clerks File No. 9729591 of the Official Public Records of Jefferson County, Texas and the west corner of the said 1.35 acre tract; THENCE North 51 °54'34" East along the southeasterly line of the said 1.783 acre tract and the northwesterly line of the said 1.35 acre tract a distance of 233.55 feet (called North 52006'00" East 234.00 feet to a 4" fence post found for the north corner of the said 1.35 acre tract THENCE South 00°47'38' East a distance of 18.86 feet to a point in the southeasterly line of a 30' wide drainage easement granted to the State of Texas as recorded in Volume 460, Page 292 of the Deed Records of Jefferson County, Texas for the POINT OF BEGINNING of the said centerline of the 10' wide exclusive water line easement; THENCE along the centerline of the said 10' wide exclusive water line easement with the following courses and distances. - South 38°05'26" East, at a distance of 81.08 feet pass a point for the POINT OF BEGINNING of TAP A from which the POINT OF TERMINATION of TAP A bears North 51 °54.'34" East 10.00 feet, and continuing a total distance of 178.72 feet to an angle point: Fittz & Shipman, Inc. Page 1 of 2 Project No. 13099WtrEsmt Plat & Description 1405 Cornerstone Court - Bealin-tont, Texas 77706 • +;40T 832-7 238 • fax (409) 832-7303 ?x Board of Prof Fngineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT A, PAGE 2 OF 3 South 51 °52'53" West a distance of 223.05 feet to a point in the said northeasterly right- of-way line of S. MLK Jr. Parkway and the southwesterly line of the said 1.35 acre tract for the POINT OF TERMINATION of the said centerline of the 10' wide exclusive water line easement from which a 5/8" iron rod found for the south corner of the said 1.35 acre tract bears South 37049'00" East 55.63 feet (called South 37049'00" East). This description is based on a survey made by Fittz & Shipman, Inc. during September 2012. A �, e Walter J. Ksiazek , Registered Professional and Surve r No. 5321 Fittz & Shipman, Inc. Page 2 of 2 Project No. 13099WtrEsmt Plat & Description 0: \PROJECTS\13099 — M&I Elec Warehouse, New Office Bldg\M&I Elec. Warehouse\Survey\13099WtrEsmt.dwg May 02, 2014 09:02am ti (AF-MCD MR 0 0 �o !01111, z N M J N � O ao Z z O C) O CA C D p m A m a Vj C. C C. O u Z N � � I u 0 x N z z n m O noo K mcOm o O -4 ^Z � A ' I z z6 ' 00 Z Z A OU o� m rMl L D y Z cn O D r m o O ;0 O f O NzD0 P CE, ,a --A�O v � � , LW _ cn m O= m v o r z 00 L r (1I m C r o0 0 n Co U)bo °'—� CALLED N 52'06'00 E 234.06) N 51'54'34" E 233.55 \ PROPOSED WATER LINE rn n �Zo Z O m>mm rcn mrn o Z mr-*Z zzvz -i rm rm c) STATE OF TEXAS 30' DRAINAGE EASEMENT TIIIT-� VOL. 460, PG. 292, D.R.J.C. m -U o Z � o m z 03 �� w r' >N)�� - �O'T�1 � � in 0moa FA (AlCn Z C � mXrn m � D u' A 0 .a m�O z moZc� (n En mC v NI m m z1*7 zzo o --Imm z S 51'52'53" W 223.05 AP A W m 0 0 0 m D o- — Cn zDo C n m o Z7 mA mmm Z m' 2 fC 07 C) nm O ;am -0 N N G 0 oN 0Zm (n i D = Z m 0 0 0 < ZJ Z C A D 0 _ �m n Z C !`\\ C-m U Dm M-� z a