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Home My WebLink AboutRES 14-134RESOLUTION NO.14-134 WHEREAS, Chick-Fil-A, Inc., has agreed to convey three (3) ten foot (10') wide exclusive water line! easements, said easements being a 0.0079 acre tract situated in the David Brown League, Abstract No. 5, being out of Lot 35, College Acres Addition; a 0.0006 acre tract situated in the David Brown Survey, Abstract No. 5, being out of the Lot 34, College Acres Addition; and, a 0.0010 acre tract situated in the David Brown League, Abstract No. 5, being out of Lot 34 and Lot 35, College Acres Addition, as described in Exhibit "1" and shown on Exhibits "A" and "B" attached to Exhibit "1," all attached hereto, to the City of Beaumont for the purpose of constructing a new restaurant located at 3825 College Street; and, WHEREAS, the City Council has considered the purpose of said conveyances and is of the opinion that the acceptance of said conveyances are 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 three (3) ten foot (10') exclusive water line easement conveyed by Chick-Fil- A, Inc., being a 0.0079 acre tract situated in the David Brown League, Abstract No. 5, being out of Lot 35, College Acres Addition; a 0.0006 acre tract situated in the David Brown Survey, Abstract No. 5, being out of the Lot 34, College Acres Addition; and, a 0.0010 acre tract situated in the David Brown League, Abstract No. 5, being out of Lot 34 and Lot 35, College Acres Addition, as described in Exhibit "1" and shown on Exhibits "A" and "B" attached to Exhibit 1," all attached hereto, 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 17th day of June, 2014. r Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY 'THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, CHICK: PIL-A, INC., a Georgia corporation with the mailing address of Chick- fil-A, Inc., 5200 Buffington Road, Atlanta, Georgia 30349, Attention: Property Management - Real Estate Legal, 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, with the mailing address of CITY Or BEAIJMONT, P. 0. Box 3827, Beaumont, Texas 77704, 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 GRANTEE and 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, hereinafter called the "Property". Said easement being more particularly described and shown on a drawing in Exhibit "B", attached hereto and incorporated herein by this :.-eference, hereinafter called the "Easement Areas". 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: 17]08474% EXHIBIT "1" It is expressly understood and agreed that the GRANTEE shall have the right of ino cess to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving GRANTEE the right and privilege to improve, maintain and operate the same as permitted by law. Areas. GRANTOR agrees not to place any structures or appurtenances within the Easement GRANTEE shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. The easements herein granted are made subject to all matters of record and matters that would be shown by a survey and inspection. GRANTEE shall not use, deposit or permit the use or deposit of any hazardous material or toxic waste or other harmful substances on the Easement Areas or on any other real property on or adjacent to the Property. GRANTEE shall comply with all applicable laws, ordinances and regulations, including but not limited to all applicable 111.1.._regulatory, environinental and safety requirements at-GRANTE'E>s sole cost and expense: With - respect to the Easenlent Areas, this easement supersedes and replaces any prior agreement (whether written or oral) between GRANTOR and GfZAN'TEE. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said GRANTEE, its successors and assigns forever. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 17 109474v EXECUTED this day of 12014. GRANTOR: CI-IICK-FIL-A, INC., a Georgia corporation Lav: Name: Title: By: _ Name: Title: ACKNOWLEDGMENT STATE OF TEXAS X COU INTY OF X BEFORE_..�ZIs,....._the__-_-undersigned-, .. authority,, on, _., this , day ersoiiall appeared- and pp eared _ _..._.._ p y _ and as and respectively, of CHICK-FIL-A, INC., known to me to be the persons and officers whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same as the act of such corporation for the purposes and consideration thereir„ expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ._ day of _ 2014. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumo:it, TX 77704 171 08'474N..4 Exhibit A Property Legal Description 1.128 acres of land lying in the David Brown League, Abstract 5, Jefferson County, Testas, being a portion of Lot 34 and Lot 35 of College Acres Addition, a subdivision in Jefferson County, Texas as filed for record in Volume 5, Page 71 of the Map Records of Jefferson County, Texas and being that same tract of land conveyed to Vaquero Beaumont, LLC in deed filed for record under Jefferson County Clerk's File Number 2012028271, and being more particularly described by metes and bounds as follows (bearings based on the Texas State Coordinate System of 1983, South Central Zone): BEGINNING at a 3/4 -inch iron rod (found) in the south right-of-way line of College Street (varying width) as recorded in Volume 1227, Page 457 & 539 of the Deed Records of' Jefferson County, Texas, being the northeast corner of that certain tract of land described in deed to Moamco Properties, Inc., filed for record under Jefferson County Clerk's File Number 8814883 and being the northwest corner of the herein described tract, THENCE N 86° 32' 01" E along the south right-of-way line of said College Street, the north line of said Lot 34, said Vaquero tract and of this tract, a distance of 10.04 feet to a 3/4 -inch iron pipe (found) for an interior corner of the herein described tract, THENCE N 770 36' 13" E, continuing along said south right-of-way line, the north line of said Lots 34 and 35, said Vaquero tract and of this tract, a distance of 141.62 feet to a Texas Department of Transportation Type II concrete monument (found) for the northwest corner of that certain 3.9374 acres (called) tract to College Street, Ltd, as filed for record under Jefferson County Clerk's File Islumber 98-12574 and the -northeast, corner. of the herein described tract-,-- - . .. . THENCE S 03° 34' 59" E, leaving said south right-of-way line, over and across said Lot 35, along the west line of said 3.9374 acre tract, the east line of said Vaquero tract and of this tract, a distance of 339.77 feet to a 5/8 -inch iron rod with cap stamped Bury+Pariners (set) for the southeast corner of said Vaquero tract and of this tract, from which a 1/2 -inch iron rod with cap (unreadable - found) bears S 39° 42' 13" W - 1.17 feet; THENCE NCE S 86° 4T46" W, leaving said common line, over and across the south line of said Lots 34 and 35, said Vaquero tract, and of this tract, a distance of 150.00 feet to a 1 -1/2 -inch iron pipe (found) for the southeast corner of said Moamco Properties, Inc. tract, the southwest: corner of said Vaquero tract and of this tract; THENCE N 03° 34' 59" W, along the east line of said Moamco tract, the west line of said Vaquero tract and of this tract, a distance of 317.10 feet to the POINT OF BEGINNING and containing a calculated area of 1.128 acres of land, more or less. 17109474v.4 Exhibit B Easement Areas Legal Description and Depictions (attached] 171084?4v 4 May 13, 2014 Job No. 8010072.2-50076 Page 1 of 2 EXHIBIT -B County: Jefferson Description: Chick-Fil-A Water Easement Limits: 382`} College Street, Beaumont, TX Acreage: 0.0079 Revised: May 13, 2014 Property Description Being a 0.0079 acre (343 square feet) parcel of land situated in the David Brown League, Abstract 5, in Jefferson County, Texas, being out of Lot 35, College Acres Addition, as recorded in Volume 5, Page '71 of the Jefferson County Map Records, and also being out of that certain tract of land conveyed to Vaquero Beaumont, LLC, as recorded under County Clerk's File Number 2012028::1_71, of the Official Public Records, Jefferson County, Texas, said 0.0079 acre parcel heing more particularly described as follows: COMMENCING at a 3/4 -inch iron rod (found) in the existing south right-of-way line of College Street (width varies), same being the north line of Lot 34 of said College Acres Addition, for the northeast corner of that certain tract of land conveyed to Moarnco Properties, Inc, as recorded under County Cie= -k's File Number 8814883, of the Official Public Records, Jefferson County, "Texas, same being the northwest corner of the said Vaquero Beaurnont, LLC tract; 1. THE -NCE, North 86°3'? 01" East along the said carstin� south rrl;ht-of-way line of College .._.. 11.11,._.... _ 1111 Street, same being the said north line of Lot 34 and of the said Vaquero Beaumont, LLC tract, a distance of 10.04 feet to a 3/4 -inch iron pipe (found) for an angle point; 2, THENCE, North 77°35'13" East, continuing along the said existing south right-of-way line of College Street, same being the north line of said Lot 34, Lot 35 and of the Vaquero Beaumont, LLC tract, a distance of 78.86 feet to the POINT OF BEGINNING and the northwest corner of the herein described parcel; THENCE, North 77'36'13" East, continuing along the said existing south right-of-way line of College Street, same being the said north line of Lot 35 and of the Vaquero Beaumont, LLC tract, a distance of 10.24 feet to a point marking the northeast corner of the herein described parcel; Leaving the said existing south right-of-way line of College Street, over and across said Lot 35 and the said Vaquero Beaumont, LLC tract the following three (3) courses and distances: 4. THENCE, South 00°00'00" East, a distance of 35.38 feet to a point marking the southeast corner of the herein described parcel; May 13, 2014 Job No. 8010072.2-50076 Page 2 of 2 EXHIBIT 5. THENCE, North 90000'00" West, a distance of 10.00 feet to a point marking the southwest corner of the herein described parcel, 6, THENCE, North 00'00'00" East, a distance of 33.18 feet to the POINT OF BEGINNING, containing a calculated area of 0.0079 acres (343 square feet) of land. All bearings are based on the Texas State Plane Coordinate System, South Central Zone, North American Datum of 1983. A parcel plat of evert date was prepared in conjunction with this property description. 0F: C R . ONO 7 ................. <cphell L. Zodinich /Da' d 5170 Registered Professional Land Surveyor No. 5170 z a S 0 Bury. Inc. D I -,100 Northwest Freeway, Suite 150 Houston, Texas 77040 713-21/2-0011 ,L1100722 C4,.k-r4w,,c070 Wat—Lo,rg�3,1vj mudia,l by.,q—W-1, Ap( 10, 14 11.01 AM Gvob, 3t)VIN08J aNnO6111bON 31V1s831N1 ol, xvmH0IH m Z m In z r1i CHICK-FIL-A BURY EXHIBIT TO ACCOMPANY 00 ... ...... 3825 COLLEGE STREET BEAUMONT, TX > 0 M 4— ,L1100722 C4,.k-r4w,,c070 Wat—Lo,rg�3,1vj mudia,l by.,q—W-1, Ap( 10, 14 11.01 AM m Z m In z CHICK-FIL-A BURY EXHIBIT TO ACCOMPANY FIELD NOTE DESCRIPTION ... ...... 3825 COLLEGE STREET BEAUMONT, TX ,L1100722 C4,.k-r4w,,c070 Wat—Lo,rg�3,1vj mudia,l by.,q—W-1, Ap( 10, 14 11.01 AM April :10, 2014 Job No. R0100722-50076 Page 1 of 2 EXHIBIT 8 County: Jefferson Description: Chid.-Fil-A Water Easement Limits: 3825 College Street, Beaumont, TX Acreage: 0.0006 Property Description Being a 0.0006 acre (25 square feet) parcel of land situated in the David Brown League, Abstract 5, in Jefferson County, Texas, being out of Lot 34, College Acres Addition, as recorded in Volume 5, Page 7:. of the Jefferson County Map Records, and also being out of that certain tract of land conveyed to Vaquero Beaumont, LLC, as recorded under County Clerk's File Number 2012028271, of the Official Public Records, Jefferson County, Texas, said 0.0006 acre parcel being more particularly described as follows: COMMENCING at a 3/4 -inch iron rod (found) in the existing south Tight -of -way line of College Street (width varies), same being the north line of said Lot 34 for the northeast comer of that certain tract of land conveyed to Moameo Properties, Inc, as recorded under County Clerk's File Number 8814883, of the Official Public Records, Jefferson County, Texas, same being the northwest corner of the said Vaquero Beaumont, LLC tract; 1. THENCE, North 86°32'01" East, along_ the said existing south right-of-way line of College Street, same being the said north line of Lot 34 and of the said Vaquero Beaumont, LLC tract, a distance of 0.72 feet to the POINT OF BEGINNING and the northwest corner of the herein described parcel; 2. THENCE, North 86°32'01" East, continuing along the said existing south right-of-way line of College Street, same being the said north line of Lot 34 and of the Vaquero Beaumont, LLC tract, a distance of 5.00 feet to a point marking the northeast comer of the; herein described parcel; Leaving the said existing south right-of-way line of College Street, over and across said Lot 34 and the said Vaquero Beaumont, LLC tract the following three (3) courses and distances: THENCE, South 03°35'55" East, a distance of 5.06 feet to a point marking the southeast corner of the herein described parcel; 4. THENCE, South 86°24'05" West, a distance of 5.00 feet to a point marking the southwest comer of the he -rein described parcel; April 10, 2014 Job No. R0100722-50076 Page 2 of 2 EXHIBIT B 5. THENCE, North 03°35'55" West, a distance of 5.07 feet to the POINT OF BEGINNING, containing a calculated area of 0.0006 acres (25 square feet) of land. All bearings are based on the Texas State Plane Coordinate System, South Central Zone, North American Datum of 1983. A parcel plat of even date was prepared in conjunction with this property description. s� Steph n L. Godinich D•Ze Registered Professional Land Surveyor No. 5170 --Bury; -Inc. 13100 Northwest Freeway, Suite 150 Houston, Texas 77040 713-212-0011 11 1100122 G—K Fil-A600;5 by - All, 10, 14 1.0:45 AM QNnoeH1t10N Qvou 31)VIN08zi > z r Cil f71_ ti 0 0 IF, z j. rn 0) O to rn > cf) rn CHICK-FIL-A BURY • 11 1100122 G—K Fil-A600;5 by - All, 10, 14 1.0:45 AM > z r Cil f71_ ti IF, z rn cf) CHICK-FIL-A BURY • EXHIBIT TO ACCOMPANY 3825 COLLEGE STREET FIELD NOTE DESCRIPTION BEAUMONT, TX 11 1100122 G—K Fil-A600;5 by - All, 10, 14 1.0:45 AM April, 10, 2014 Job No. R0100722-50076 Page 1 of 2 EXHIBIT B County: Jefferson Description: Chick -Fit -A Water Easement Limits: 3825 College Street, Beaumont, TX Acreage: 0.0010 Property Description Being a 0.0010 acre (42 square feet) parcel of land situated in the David Brown League, Abstract 5, in .lefferson County, Texas, being out of Lot 34 and Lot 35, College Acres Addition, as recorded in Volume. 5, Page 71 of the Jefferson County Map Records, and also being out of that certain tract of land conveyed to Vaquero Beaumont, LLC, as recorded under County Clerk's File Number 2012028271, of the Official Public Records, Jefferson County, Texas, said 0.0010 acre parcel being more particularly described as follows: COMMENCING at a 3/4 -inch iron rod (found) in the existing south right-of-way line of College Street (width varies), same being the north line of said Lot 34, for the northeast corner of that certain tract of land conveyed to Moamco Properties, Inc, as recorded under County Clerk's File Number 8814883, of the Official Public Records, Jefferson County, Texas, same being the northwest corner of the said Vaquero Beaumont, LLC tract; I . THENCE, North 86°32'01" East, along the said existing south right-of-way line of College treet, same being the said north line of Lot 34 and of the said Vaquero Beaumont, LLC tract, a distance of 10.04 feet to a 3/4 -inch iron pipe (found) for an angle point; 2. THENCE, North 77'36'13" East, continuing along the said existing south right-of-way line of College Street, same being the north line of said Lot 34, Lot 35 and of the Vaquero Beaumont, LLC tract, a distance of 40.23 feet: to the POINT OF BEGINNING and the northwest corner of the herein described parcel; 3. THENCE, North 7736'13" East, continuing along the said existing south right-of-way line of College Street, same being the said north line of Lot 34, Lot 35 and of the Vaquero Beaumont, LLC tract, a distance of 5.06 feet to a point marking the northeast corner of the herein described parcel; Leaving the said existing south right-of-way line of College Street, over and across said Lot 34, said Lot 35 and the said Vaquero Beaumont, LLC tract the following three (3) courses and distances: 4. THENCE, South 03°35'55" East, a distance of 8.87 feet to a point marking the southeast corner of the herein described parcel; April 10, 2014 Job No, R0100722-50076 Page 2 of 2 EXHIBIT B 5. THENCE, South 86'24'05" West, a distance of 5.00 feet to a point marking the southwest corner of the 1-..erein described parcel; 6. THENCE, North 03'35'55" West,, a distance ol'8,10 feet to the POINT OF BEGINNING, containing a calculated area of 0.0010 acres (42 square feet) of land. All bearings are based on the Texas State Plane Coordinate System, South Central Zone, North American Datum of 1983. A parcel plat of even date was prepared in coijiunction with this property description, S.TEPHEN L "r ............ Stchh L. Godinich .0 . ........ .. 1 5170 Registered Professional Land Surveyor No. 5170 -�.o Bury, Inc. a S % SURV 13 100 Northwest freeway, Suite 150 Houston, Texas 77040 713-212-0011 11:1100722 Chick-F,[.N50075 W;.w-UL-[:s,j-2(jvq jjj.,jcj&,Jj)yi,j,fnh,ms,r, Apr 10, 14 10:57AM zrn m m M > r Q iQ ct) CHICK-FIL-A BURY EXHIBIT TO ACCOMPANY FIELD NOTE DESCRIPTION 3825 COLLEGE STREET BEAUMONT, TX 11:1100722 Chick-F,[.N50075 W;.w-UL-[:s,j-2(jvq jjj.,jcj&,Jj)yi,j,fnh,ms,r, Apr 10, 14 10:57AM 15 PGS 2014020114 EAS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, CHICK-FIL-A, INC., a Georgia corporation with the mailing address of Chick- fil-A, Inc., 5200 Buffington Road. Atlanta, Georgia 30349, Attention: Property Management - Real Estate Legal, 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 Count%,, Texas, with the mailing address of CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, 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 GRANTEE and 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 u,.iieg mcwc par,xcu„arty de-lo -1h)cd in—X.IMiL attacked. alit iiau a "+ �ii:eof fc: all purposes, hereinafter called the "Property". Said easement being more particularly described and shown on a drawing in Exhibit "B", attached hereto and incorporated herein by this reference, hereinafter called the "Easement Areas". 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: J7IT8474%,.4 It is expressly understood and agreed that the GRANTEE 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 GRANTEE the right and privilege to improve, maintain and operate the same as permitted by law. Areas. GRANTOR agrees not to place any structures or appurtenances within the Easement GRANTEE shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. The easements herein granted are made subject to all matters of record and matters that would be shown by a survey and inspection. GRANTEE shall not use, deposit or permit the use or deposit of any hazardous material or toxic waste or other harmful substances on the Easement Areas or on any other real property on or adjacent to the Property. GRANTEE shall comply with all applicable laws, ordinances and regulations, including but not limited to all applicable regulatory, environmental and safety requirements at GRANTEE's sole cost and expense. With respect to the Easement Areas, this easement supersedes and replaces any prior agreement (whether written or oral) between GRANTOR and GRANTEE. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said GRANTEE, its successors and assigns forever. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 17 10T4-4e.4 EXECUTED this 4`1-day of GRANTOR: CH[CK-FIL-A, INC., a GeoiNa doi-noration BY': M NaiRle: Title: �' \i B v: Name: a'S Tilt le ACKNOWLEDGMENT STATE OF T--�-A-S X COUNTY OF ` ��`�`� X , 20I4. BEFORE ME, the undersigned authority, on this day personally appeared and as and „ respectively, of CHICK-FIL-A, INC., known to me tobe the persons and officers whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVENiUNDER M. 7,-,N AND SEAL OARGTCER, rhis,°da- o' .V 10 i 11 V ZIS n RETURN TO: City of Beaumont Antoinette Hardy - Engineering R O. Box 3827 Beaumont, TX 77704 Notary Public. State of Te*fts KN ON '',, %�. , $., to O • Q� • ~ ,Z= tiO�Goy: _= � 2 ��' 4G. 171OS4 4�.4 Exhibit A Property Legal Description 1.128 acres of land lying in the David Brown League, Abstract 5, Jefferson County, Texas, being a portion of Lot 34 and Lot 35 of College Acres Addition, a subdivision in Jefferson County, Texas as filed for record in Volume 5, Page 71 of the Map Records of Jefferson County, Texas and being that same tract of land conveyed to Vaquero Beaumont, LLC in deed filed for record under Jefferson County Clerk's File Number 2012028271, and being more particularly described by metes and bounds as follows (bearings based on the Texas State Coordinate System of 1983, South Central Zone): BEGINNING at a 3/4-inch iron rod (found) in the south right-of-way line of College Street (varying width) as recorded in Volume 1227, Page 457 & 539 of the Deed Records of Jefferson County, Texas, being the northeast corner of that certain tract of land described in deed to Moamco Properties, Inc., filed for record under Jefferson County Clerk's File Number 8814883 and being the northwest corner of the herein described tract; THENCE N 86" 32' 0 1 " E along the south right-of-way line of said College Street, the north line of said Lot 34, said Vaquero tract and of this tract, a distance of 10.04 feet to a 3/4-inch iron pipe (found) for an interior corner of the herein described tract; THENCE N 770 36' 13" E, continuing along said south right-of-way line, the north line of said Lots 34 and 35, said Vaquero tract and of this tract, a distance of 141.62 feet to a Texas Department of Transportation Type II concrete monument (found) for the northwest corner of that certain 3.9374 acres (called) tract to College Street, Ltd. as filed for record under Jefferson County Clerk's File Number 9812574 and the northeast corner of the herein described tract; THENCE S 030 34' 59" E, leaving said south right-of-way line, over and across said Lot 35, along the west line of said 3.9374 acre tract, the east line of said Vaquero tract and of this tract, a distance of 339.77 feet to a 5/8-inch iron rod with cap stamped Bury+partners (set) for the southeast corner of said Vaquero tract and of this tract, from which a 1/2-inch iron rod with cap (unreadable - found) bears S 39' 42' 13" W - 1.17 feet; THENCE S 86° 47' 46" W, leaving said common line, over and across the south line of said Lots 34 and 35, said Vaquero tract, and of this tract, a distance of 150.00 feet to a 1-1/2-inch iron pipe (found) for the southeast corner of said Moamco Properties, Inc. tract, the southwest corner of said Vaquero tract and of this tract; THENCE N 030 34' 59" W, along the east line of said Moamco tract, the west line of said Vaquero tract and of this tract, a distance of 317.10 feet to the POINT OF BEGINNING and containing a calculated area of 1.128 acres of land, more or less. 17108474vA Exhibit B Easement Areas Legal Description and Depictions [attached] 17108474e.4 May 13, 2014 Job No. R0100722-50076 Page 1 of 2 EXHIBIT e) County: Jefferson Description: Chick-Fil-A Water Easement Limits: 3825 College Street, Beaumont, TX Acreage: 0.0079 Revised: May 13, 2014 Property Description Being a 0.0079 acre (343 square feet) parcel of land situated in the David Brown League, Abstract 5, in Jefferson County, Texas, being out of Lot 35, College Acres Addition, as recorded in Volume 5, Page 71 of the Jefferson County Map Records, and also being out of that certain tract of land conveyed to Vaquero Beaumont, LLC, as recorded under County Clerk's File Number 2012028271, of the Official Public Records, Jefferson County, Texas, said 0.0079 acre parcel being more particularly described as follows: COMMENCING at a 3/4-inch iron rod (found) in the existing south right-of-way line of College Street (width varies), same being the north line of I,ot 34 of said College Acres Addition, for the northeast corner of that certain tract of land conveyed to Moamco Properties, Inc, as recorded under County Clerk's File Number 8814883, of the Official Public Records, Jefferson County, Texas, same being the northwest corner of the said Vaquero Beaumont, LLC tract; THENCE, North 86032'01" East, along the said existing south right-of-way line of College Street, same being the said north line of Lot 34 and of the said Vaquero Beaumont, LLC tract, a distance of 10.04 feet to a 3/4-inch iron pipe (found) for an angle point; "THENCE, North 77'36' 13" East, continuing along the said existing south right-of-way line of College Street, same being the north line of said Lot 34, Lot 35 and of the Vaquero Beaumont, LLC tract, a distance of 78.86 feet to the POINT OF BEGINNING and the northwest corner of the herein described parcel; THENCE, North 77036' 13" East, continuing along the said existing south right-of-way line of College Street, same being the said north line of Lot 35 and of the Vaquero Beaumont, LLC tract, a distance of 10.24 feet to a point marking the northeast corner of the herein described parcel; Leaving the said existing south right-of-way line of College Street, over and across said Lot 35 and the said Vaquero Beaumont, LLC tract the following three (3) courses and distances: 4. THENCE, South 00°00'00" East, a distance of 35.38 feet to a point marking the southeast corner of the herein described parcel; May 13, 2014 Job No. R0100722-50076 Page 2 of 2 EXHIBIT B 5. THENCE, North 90°00'00" West, a distance of' 10.00 feet to a point marking the southwest corner of the herein described parcel; 6. THENCE, North 00°00'00" East, a distance of 33.18 feet to the POINT OF BEGINNING, containing a calculated area of 0.0079 acres (343 square feet) of land. All bearings are based on the Texas State Plane Coordinate System, South Central Zone, North American Datum of 1983. A parcel plat of even date was prepared in conjunction with this property description. �� i 3TEPHEN 1_� GODiN .,..... teph - n L. Godinich Da ; 9 5170 �. Registered Professional Land Surveyor No. 5170 ''•°� zs s %o l Bury, Inc. r��D.SU4t`1E 13100 Northwest Freeway, Suite 150 Houston, Texas 77040 713-212-0011 WV to: LL I, 'DUAV--;uiI-Iau n'I *'j pow hmP-£iwy-awl-,au'M 9LooS-iZL0011s1'4!1,x311uownP.aQ 9_004,v'Ld-Baw�ZZLooI\'H Xl'1Nownv36 NOIldlHOS34 31ON 0131d 133d1S 3031100 9Z8£ ^ �� kNVdVYOOOV Ol 1191HX3 v-1ld-N01H0 r- 1 1 W F O z Z z w ¢ LU cc LLJ W April 10, 2014 Job No. R0100722-50076 Page 1 of 2 EXHIBIT B. County: Jefferson Description: Chick-Fil-A Water Easement Limits: 3825 College Street, Beaumont, TX Acreage: 0.0006 Property Description Being a 0.0006 acre (25 square feet) parcel of land situated in the David Brown League, Abstract 5, in Jefferson County, Texas, being out of Lot 34, College Acres Addition, as recorded in Volume 5, Page 71 of the Jefferson County Map Records, and also being out of that certain tract of land conveyed to Vaquero Beaumont, LLC, as recorded under County Clerk's File Number 2012028271, of the Official Public Records, Jefferson County, Texas, said 0.0006 acre parcel being more particularly described as follows: COMMENCING at a 3/4-inch iron rod (found) in the existing south right-of-way line of College :Street (width varies), same being the north line of said Lot 34 for the northeast corner of that certain tract of land conveyed to Moamco Properties, Inc, as recorded under County Clerk's File Number 8814883, of the Official Public Records, Jefferson County, Texas, same being the northwest corner of the said Vaquero Beaumont, LLC tract; THENCE, North 86°32'01" East, along the said existing south right-of-way line of College Street, same being the said north line of Lot 34 and of the said Vaquero Beaumont, LLC tract, a distance of 0.72 feet to the POINT OF BEGINNING and the northwest corner of the herein described parcel; 2. THENCE, North 86°32'01" East, continuing along the said existing south right-of-way line of College Street. same being the said north line of Lot 34 and of the Vaquero Beaumont, LLC tract, a distance of 5.00 feet to a point marking the northeast corner of the herein described parcel: Leaving the said existing south right-of-way line of College Street, over and across said Lot 34 and the said Vaquero Beaumont, LLC tract the following three (3) courses and distances: THENCE, South 03°35'55" East, a distance of 5.06 feet to a point marking the southeast corner of the herein described parcel; 4. THENCE, South 86°24'05" West, a distance of 5.00 feet to a point marking the southwest corner of the herein described parcel; April 10, 2014 Job No. R0100722-50076 Page 2 of 2 EXHIBIT B THENCE, North 03°35'55" West, a distance of 5.07 feet to the POINT OF BEGINNING, containing a calculated area of 0.0006 acres (25 square feet) of land. .All bearings are based on the Texas State Plane Coordinate System, South Central Zone, North American Datum of 1983. A parcel plat of even date was prepared in conjunction with this property description. X, �t /'�' - z: �Z- /. Y 4z'- � i Stepp n L. Godinieh IDZe Registered Professional Land Surveyor No. 5170 Bury, Inc. 13100 Northwest Freeway, Suite 150 Houston, Texas 77040 713-212-001 1 inn, — n, - '1, A,, - ""Au"Lu ul;,O,l �,, fiµj, low,, 1 9L00SlV-1!2 7zzo \ X.I.'iNOWnv38 NOIldIHOS30 MON 0131A 133HIS 3031100 SZ96 ; T Ai'1 1 a ANVdW000b 01 1191HX3 d-11=1-71011-10 W f- O Z 0 J W O W J 4: ;C� W Z W w a S 0 ro 0 f w ¢ N ul" U O Q: uj' ¢ . o o w: J J U I INTERSTATE HIGHWAY 10 NORTHBOUND FRONTAGE ROAD April 10, 2014 Job No. R0100722-50076 Page 1 of 2 EXHIBITB County: Jefferson Description: Chick-Fil-A Water Easement Limits: 3825 College Street, Beaumont, TX Acreage: 0.0010 Property Description Being a 0.0010 acre (42 square feet) parcel of land situated in the David Brown League, Abstract 5, in Jefferson County, Texas, being out of Lot 34 and Lot 35, College Acres Addition, as recorded in Volume 5, Page 71 of the Jefferson County Map Records, and also being out of that certain tract of land conveyed to Vaquero Beaumont, LLC, as recorded under County Clerk's File Number 2012028271, of the Official Public Records, Jefferson County, Texas, said 0.0010 acre parcel being more particularly described as follows: COMMENCING at a 3/4-inch iron rod (found) in the existing south right-of-way line of College Street (width varies), same being the north line of said Lot 34, for the northeast corner of that certain tract of land conveyed to Moameo Properties, Inc, as recorded under County Clerk's File Number 8814883, of the Official Public Records, Jefferson County, Texas, same being the northwest corner of the said Vaquero Beaumont, LLC tract; THENCE, North 86032'01" East, along the said existing south right-of-way line of College Street, same being the said north line of Lot 34 and of the said Vaquero Beaumont, LLC tract, a distance of 10.04 feet to a 3/4-inch iron pipe (found) for an angle point; 2. THENCE, North 77°36' 13" East, continuing along the said existing south right-of-way line of College Street, same being the north line of said Lot 34, Lot 35 and of the Vaquero Beaumont, LLC tract, a distance of 40.23 feet to the POINT OF BEGINNING and the northwest corner of the herein described parcel; THENCE, North of College Street Beaumont, LLC t 77°36' 13" East, continuing along the said existing south right-of-way line , same being the said north line of Lot 34, Lot 35 and of the Vaquero ract, a distance of 5.06 feet to a point marking the northeast corner of the herein described parcel; Leaving the said existing south right-of-way line of College Street, over and across said Lot 34, said Lot 35 and the said Vaquero Beaumont, LLC tract the following three (3) courses and distances: 4. THENCE, South 031135'55" East, a distance of 8.87 feet to a point marking the southeast corner of the herein described parcel; April 10, 2014 Job No. R0100722-SO076 Page 2 of 2 EXHIBIT B 5. THENCE, South 86°24'05" West, a distance of 5.00 feet to a point marking the southwest corner of the herein described parcel; 6. THENCE, North 03°35'55" West, a distance of 8.10 feet to the POINT OF BEGINNING, containing a calculated area of 0.0010 acres (42 square feet) of land. All bearings are based. on the Texas State Plane Coordinate System, South Central Lone, North ,American Datum of 1983. A parcel plat of even date was prepared in conjunction with this property description, � Q1 10/1Y .......»......,.»,..,..,.. STEPHEN L CODINicK. �Stcph i L. Godinich "°"5 "••` Registered Professional Land Surveyor No. 5170 •% 0 off ,. Bury, Inc. �9h•`�s�'''p�` 13100 Northwest Freeway, Suite 150 SURY�� Houston, Texas 77040 713-212-0011 WV LS-O[ P4 bl AV Uo w,N—i" hq ft gyro" bmP Z-7uira-aui9L009�LZLOOL\ llo'gx7l yuoua l!'e- 9!00SiV-'�a-4"D Z2LDDl I X.1 '1NOWnv38 NOIldl8DS3a 31ON 0131d 1338iS 30311O0 ME y - ANYdN000Y 011181HX3 d-lld-�OIHO LLJ O - Z Q W Z LLI U � �i