HomeMy WebLinkAboutRES 14-180RESOLUTION NO. 14 -180
WHEREAS, Valero Partners Lucas, LLC, has agreed to convey one (1) ten foot (10')
wide non - exclusive water line easement, said easement being a 0.0155 acre tract out of
the Pelham Humphreys Survey, Abstract No. 32, as described in Exhibit "A" and shown on
Exhibit "B," attached hereto, to the City of Beaumont for the purpose of constructing a new
boiler facility at its Lucas Terminal located on West Port Arthur Road; 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 one (1) ten foot (10') non - exclusive water line easement conveyed by Valero
Partners Lucas, LLC, being a 0.0155 acre tract out of the Pelham Humphreys Survey,
Abstract No. 32, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, be
and the same is hereby, in all things, accepted for the stated purpose.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, VALERO PARTNERS LUCAS, LLC, a Delaware limited liability company, of
the County of Bexar, State of Texas, with an address of One Valero Way, San Antonio, Texas
78249 -1616, hereinafter called "GRANTOR ", whether one or more, for and in consideration of
the sum of TEN AND NO /100 DOLLARS ($10.00), 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 an address of P.O. Box 3827, Beaumont, Texas 77704, hereinafter
called "GRANTEE ", the receipt and sufficiency of which consideration are hereby
acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT,
SELL and CONVFY unto GRANTEE. its successors and assigns, a Water Luce Easement
(herein so called) acid the right to construct, alter, and maintain waterlines and appurtenances
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 Exhibits "A &
B ", attached and made a part hereof for all purposes (collectively, the "Easement Area ")
The Water Line Easement herein granted shall be used solely for the purpose of placing,
constructing, operating. repairing, rebuilding, replacing, relocating, and /or removing water lines
and appurtenances for water and related services to GRANTOR's property, and the following
rights are also hereby conveyed (collectively, the "Easement Rights ")
It is expressly understood and agreed that GRANTEE shall have the right of ingress to
and egress along the Easement Area, and any such other roads or other areas of access located
within GRANTOR's property adjacent to the Easement Area as may reasonably be necessary for
EXHIBIT "A"
GRANTI1;'s use and enjoyment of the Easement Rights, such roads and access points to be
specifically designated by GRANI CIR.
GRANTOR reserves for itself, its successors and assigns, the right to cross over or under
said Easement Area with pipelines, roads, water lines, sewer lines, and other utilities or facilities
so long as such use does not unreasonably interfere with GRANTlE's rights hereunder or create
a safety hazard. GRANTOR agrees not to construct new pipelines or utilities that parallel
GRANTEE's water lines within the Easement Area. GRANTOR further agrees not to place ally
new structures or appurtenances within the Easement Area that will unreasonably interfere with
GRANTIE's ability to exercise the Easement Rights.
GRANTEE shall have the right and privilege to improve, maintain and operate its water
lines and appurtenances hereunder- as permitted by law. GRANTEE shall not be responsible for
the repair and replacement of any paving or other structures within the 1asement Area.
The grant provided herein unto GRANTEE is subject to all prior easements, rights -of=
way, exceptions, reservations, covenants, conditions, restrictions, and all other matters affecting
the Easement Area, whether or not of record or physically evident on the Easement Area. This
instrument does not constitute a conveyance of the surface of the .Easement Area (or any other
portion of GRANTOR's property), nor of any of the oil, gas, water, or minerals contained therein
or thereunder. 'Phis agreement shall be governed by acrd construed in accordance with the 1��ws of the
State of Texas, without giving effect to conflicts of laws rules as applied in Texas.
TO IJAVL AND TO HOLD the above described Water Line Lasement unto GRANTEE,
its successors and assigns forever, subject, however, to the terms contained herein.
10g,19C11111 "G col ?male(( on next I)CIgel
2
EX-l"'CUTED this 7, d ay of 0l,r�� - _ - _ 2014.
GRANTOR:
VALERO PARTNERS LUCAS, LLC
By - -- APPROVED
LEQAL
Printed Name: Jaynes V. Stegall
7"itie: Vice President
ACKNO WLEDGMEN]"
STA'L'L OF TEXAS X
COUNTY OF BEXAR X
BEFORE ME, the undersigned authority, on this day personally appeared
James V. Stegall as Vice President of Valero Partners Lucas, LLC, a Delaware limited liability
company, known to me to he 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 company for
the purposes and consideration therein expressed and in the capacity therein stated.
�.. �-2014.
GIVEN UNDER MY HAND AND SEAL_, OF OFFICE, tliis-� day of �" � .Z
c� Y�L `• KATHi 11. PONS
tgot.�,ry Public
t a STf E OF TEXAS
tvAy Cnrnm. Fxp. 05- 07 -2017
RETURN TO: City of Beaumont
Antoinetle Hardy - Digiiiecring
P. O. Box 3827
Beaumont- TX 77704
IIJVNRy Public. , t� itc of T -xas
EXHIBIT "A"
WATERLINE EASEMENT
Legal Description: 0.0155 Acre Waterline Easement
Pelham Humphreys Survey, Abstract No. 32
Jefferson County, Texas
BEING a 0.0155 acre waterline easement situated in the Pelham Humphreys Survey, Abstract
No. 32, Jefferson County, Texas and being out of and part of that certain called 220.32 acre tract
of land, identified as Tract IV as described in a "Deed Without Warranty" from Clark Refining &
Marketing, Inc. to Clark Port Arthur Pipeline Company as recorded in CIerk's File No. 95-
9505625, Official Public Records of Real Property, Jefferson County, Texas and also being out
of and pail of that certain called 46.7013 acre tract of land identified as "Lucas Tenninal Tract
IV" as described in a "Special Warranty Deed" from The Preincor Pipeline Co. to Valero
Partners Lucas, LLC as recorded in Clerk's File No. 2013039464, Official Public Records of
Real Property, Jefferson County, Texas, said 0.0I55 acre waterline easement being more
particularly described as follows:
NOTE., All becu•ings care referenced to the Texas State Plane Coordinate System
NAD83(CORS96). All distances and acreage are sin,face.
COMMENCING at an iron pipe with a cap stamped "Gullett" found for the most Southerly
corner of the said 46.7013 acre Valero Partners Lucas, LLC tract, also being the most Westerly
corner of that certain called 2.125 acre tract of land as described in a "Special Warranty Deed"
from BP Pipelines (North America) Inc. to Oiltanking Beaumont Partners, L.P. as recorded in
C'lerk's File No. 2001014848, Official Public Records of Real Property, Jefferson County, Texas
and said corner being in the East right -of -way line of the Southern Pacific Railroad (formerly the
Sabine & East Texas Railroad)(based on a width of 100 feet); -
THENCE NORTH 30 °55'00" WEST, along and with the said East right-of-way line of Southern
Pacific Railroad, :For a distance of 1863.11 feet to the POINT OF BEGINNING of the tract
herein described;
THENCE NORTH 30 °55'00" WEST, continuing along and with the said Last right -of -way line
of Southern Pacific; Railroad, for a distance of 10.52 feet to a point for corder;
THENCE NORTH 77 013'52" EAST, over and across the said 46.7013 acre Valero Partners
Lucas, LLC tract, fora distance of 69.19 feet to a point for corner;
THENCE SOUTH 12 °46'07" EAST,, continuing over and across the said 46.7013 acre Valero
Partners Lucas, LLC tract, for a distance of 10.00 feet to a point for corner;
MAIM 11'. WHITt:r EY I NV AS'socLITrs', rNC.
THENCE SOUTH 77 °13'52" WEST, continuing over and across the said 46.7013 acre Valero
Partners Lucas, LLC tract, for a distance of 65.91 feet to the POINT OF BEGINNING of the
tract herein described and containing 0.0155 acres more or less.
Surveyed on August 29, 2013. This legal description is being submitted along with a plat based
Oil this survey.
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STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON N
WATER LINE EASEMENT
THAT, VALERO PARTNERS LUCAS, LLC, a Delaware limited liability company, of
the County of Bexar, State of Texas, with an address of One Valero Way, San Antonio, Texas
78249-1616, hereinafter called "GRANTOR', whether one or more, for and in consideration of
the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration
tous in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in
Jefferson County, Texas, with an address of P.O. Box 3827, Beaumont, Texas 77704, hereinafter
called "GRANTEE", the receipt and sufficiency of which consideration are hereby
acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT,
SELL, and CONVEY unto GRANTEE, its successors and assigns, a Water Line Easement
(herein so called) and the right to construct, alter, and maintain waterlines and appurtenances
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 Exhibits "A &
B", attached and made a part hereof for all purposes (collectively, the "Easement Area").
The Water Line Easement herein granted shall be used solely for the purpose of placing,
constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines
and appurtenances for water and related services to GRANTOR's property, and the following
rights are also hereby conveyed (collectively, the "Easement Rights"):
It is expressly understood and agreed that GRANTEE shall have the right of ingress to
and egress along the Easement Area, and any such other roads or other areas of access located
within GRANTOR"s property adjacent to the Easement Area as may reasonably be necessary for
GRANTEE's use and enjoyment of the Easement Rights. such roads and access points to be
specifically designated. by GRANTOR.
GRANTOR reserves for itself', its successors and assigns, the right to cross over or under
said Easement Area with pipelines, roads, water lines, sewer lines, and other utilities or facilities
so long as such use does not unreasonably interfere with GRANTEE's rights hereunder or create
a safety hazard. GRANTOR agrees not to construct new pipelines or utilities that parallel
GRANTEE's water lines within the Easement Area. GRANTOR further agrees not to place any
new structures or appurtenances within the Easement Area that will unreasonably interfere with
GRANTEE's ability to exercise the Easement Rights.
GRANTEE shall have the right and privilege to improve, maintain and operate its water
lines and appurtenances hereunder as permitted by law. GRANTEE shall not be responsible for
the repair and replacement of any paving or other structures within the Easement Area.
The grant provided herein unto GRANTEE is subject to all prior easements. rights -of -
way, exceptions. reservations, covenants, conditions. restrictions, and all other matters affecting
the Easement Area, whether or not of record or physically evident on the Easement Area. This
instrument does not constitute a conveyance of the surface of the Easement Area (or any other
portion of GRANTOR's property), nor of any of the oil. gas, water, or minerals contained therein
or thereunder. This agreement shall be governed by and construed in accordance with the laws of the
State of Texas, without giving effect to conflicts of laws rules as applied in Texas.
TO HAVE AND TO HOLD the above described Water Line Easement unto GRANTEE,
its successors and assigns forever, subject, however, to the terms contained herein.
[signature contained on next page]
2
EXECUTED this da_v of VA-rC_°` 2014,
GRANTOR:
V.ALERO PARTNERS LUCAS, LLC
B,v- ,
Printed Name: James V. Stegall
Title: Vice President
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF BEXAR X
APPROVED
LEGAL
Z-`
BEFORE ME, the undersigned authority. on this day personally appeared
.lames V. Stegall as Vice President of Valero Partners Lucas, LLC. a Delaware limited liability
company, 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 company for
the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this '/ day of "�2014
A
KATHi J, LYONS
Notary Public
' q STATE OF TEXAS
My C:nmrn. Exp. 05-07-2017 of "y Public, tate of T. xas
w®-��crov....ar.�.wE�wvtr
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
EXHIBIT "A"
WATERLINE EASEMENT
Legal Description: 0.0155 Acre Waterline Easement
Pelham Humphreys Survey, Abstract No. 32
Jefferson County, Texas
BEING a 0.0155 acre waterline easement situated in the Pelham Humphreys Survey, Abstract
No. 32, Jefferson County, Texas and being out of and part of that certain called 220.32 acre tract
of land, identified as Tract IV as described in a "Deed Without Warranty" from Clark Refining &
Marketing, Inc. to Clark Port Arthur Pipeline Company as recorded in Clerk's File No. 95-
9505625, Official Public Records of Real Property, Jefferson County, Texas and also being out
of and part of that certain called 46.7013 acre tract of land identified as "Lucas Terminal Tract
IV" as described in a "Special Warranty Deed" from The Premcor Pipeline Co. to Valero
Partners Lucas, LLC as recorded in Clerk's File No. 2013039464, Official Public Records of
Real Property, Jefferson County, Texas, said 0.0155 acre waterline easement being more
particularly described as follows:
NOTE.• All bearings are referenced to the Texas State Plane Coordinate System
NAD83(CORS96). All distances and acreage are sanface.
COMMENCING at an iron pipe with a cap stamped "Gullett" found for the most Southerly
corner of the said 46.7013 acre Valero Partners Lucas, LLC tract, also being the most Westerly
confer of that certain called 2.125 acre tract of land as described in a "Special Warranty Deed"
from BP Pipelines (North America) Inc. to Oiltanking Beaumont Partners, L.P. as recorded in
Clerk's File No. 2001014848, Official Public Records of Real Property, Jefferson County, Texas
and said corner being in the East right-of-way line of the Southern Pacific Railroad (formerly the
Sabine & East Texas Railroad)(based on a width of 100 feet);
'THENCE NORTH 30"55'00" WEST, along and with the said East right-of-way line of Southern
Pacific Railroad, for a distance of 1863.11 feet to the POINT OF BEGINNING of the tract
herein described;
THENCE NORTH 30055'00" WEST, continuing along and with the said East right-of-way line
of Southern Pacific Railroad, for a distance of 10.52 feet to a point for corner;
THENCE NORTH 7713'52" EAST, over and across the said 46.7013 acre Valero Partners
Lucas, LLC tract, for a distance of 69.19 feet to a point for corner;
THENCE SOUTH 12°46'07" EAST, continuing over and across the said 46.7013 acre Valero
Partners Lucas, LLC tract, for a distance of 10.00 feet to a point for corner;
1 of 2
VARK It'. 1471ITELE1 TYDASSOCIATF_.S, IVC.
THENCE SOUTH 77013'52" WEST, continuing over and across the said 46.7013 acre Valero
Partners Lucas LLC tract for a distance of 65.91 feet to the POINT OF BEGINNING of the
J 1
tract herein described and containing 0.0155 acres more or less.
Surveyed on August 29, 2013. This legal description is being submitted along with a plat based
on this survey.
Thomas S. Rowe, RPLS No. 5728
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