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HomeMy WebLinkAboutRES 14-185RESOLUTION NO.14 -185 WHEREAS, Industrial Safety Training Council (ISTC) has agreed to convey one (1) fifteen foot (15') wide non - exclusive water meter easement, said easement being a 495 square foot tract out of Tract 15 -A of McFaddin Trust Map No. 2, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of constructing a new building located at 3749 Hwy 69, 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) fifteen foot (15') non - exclusive water meter easement conveyed by Industrial Safety Training Council (ISTC) being a 495 square foot tract out of Tract 15 -A of McFaddin Trust Map No. 2, 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 9th day of September, 2014. STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF .JEFFERSON X WATER METER EASEMENT THAT, INDUSTRIAL SAFETY TRAINING COUNCIL (ISTC), of the County of Jefferson, State of Texas, hereinafter called "GRANTOR ", whether one or more, for and in consideration of the suns of ONE AND NO/] 00 DOLLAR (S1.00), and other good and valuable consideration to it 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's 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, an easement to use, repair, alter, and maintain a single underground water meter 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 GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A &. B", attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate the water meter as needed for Grantor's use of the property provided the relocation is at Grantor's expense and approved by the City of Beaumont's Water Utilities Director or similarly- titled representative. The easement herein granted shall be used for the purpose of operating, repairing, rebuilding; replacing, relocating, and removing a water Teter as needed for operation of Grantor's facilities on the property. The easement shall be exclusive insofar as use of the easement land for underground utilities is concerned, but Grantor reserves the rio it to use the surface of the easement land for vehicular parking, driveways, landscaping, fencing, and other EXHIBIT "A" surface uses that will not interfere with or damage the water meter. Grantor shall have the right to pave all or any portion of the surface of the easement land, but no permanent structures or buildings will be constructed on the easement land. Grantor will install the water meter at a depth that will not be damaged by the contemplated use of the surface by Grantor. It is expressly understood and agreed that the City of Beaumont shall have the right of access to the water meter and appurtenances at all reasonable times to improve, maintain and operate the same as permitted by law, and will attempt to use existing driveways and that portion of Grantor's property that is immediately adjacent to the water meter. Non - emergency maintenance and repairs will be with 48 hours prior notice to Grantor. Grantor will be responsible for the initial installation or construction of the water meter on Grantor's property in accordance with the plans and specifications included in the utility plan at Grantor's expense. After initial construction of the water meter and acceptance by Grantee, Grantee will be responsible for maintenance and repair of the water meter and appurtenances at Grantee's expense. Grantor- agrees not to place any structures or appurtenances on or over the water meter that will interfere with the use of the Easement for water meter purposes. Grantee shall not be responsible for the repair- and replacement of any paving or other structures that may be damaged by Grantee's non - negligent maintenance or repair of the water meter and appurtenances. 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 INDUSTRIAL SAFETY TRAINING COUNCIL By Chris Lamson, President & CEO , 2014. ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared Chris Lamson, President and CEO of INDUSTRIAL SAFETY TRAINING COUNCIL known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said INDUSTRIAL SAFETY TRAINING COUNCIL, and that he executed the same for the purposes and consideration 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 I'. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" 495.00 SQUARE FEET OF LAND EXCLUSIVE WATER METER EASEMENT OUT OF TRACT 1.5 -A OF PARTION MAP NO. 2 MCAFADDIN TRUST, JEFFERSON COUNTY, TEXAS BEING 495.00 square feet of land out of and a part of the William Carroll Survey, Abstract No. 13, Jefferson County, Texas; being part of Tract 15 -A of McFaddin Trust Partition Map No. 2, recorded in Volume 7, Page 133, Map Records, Jefferson Count),, Texas; being part of a (Called 12.500) acre tract of land conveyed to Industrial Safety Training Council, a Texas non - profit corporation, recorded in rile No. 2012026613, Official Public. Records, Jefferson County, Texas; said 517.50 square foot tract being more fully described by metes and bounds as followq, to wit: COMMENCING at a !!" steel rod found, capped and marked "SOUTEX ", found for the Northeast corner of the (Called 12.500) acre tract on the Westerly right of way line of a dedicated road named U.S. Hi -hway 69, 96, 287: having a State Plane Coordinate of N: 13939162.60, E: 3540756.25, THENCE, South 27 deg., 42 min., 47 sec., East (Called South 23 deg., 57 min., 00 sec., East), on the Easterly line of the (Called 12.500) acre tract and the Westerly right of way line of said U.S. Highway 69, 96, 287, a distance of 6.00' to a 1 /z" steel rod, capped and marked "SOUTEX" set for the POINT OF BEGINNING and Northeast corner of the herein described tract; having a State Plane Coordinate of N: 13939157.29, E: 3540759.03, being the THENCE, South 27 deg., 42 min., 47 sec., East (Called South 23 deg., 57 min., 00 sec.., East), continuing on the Easterly line of the (Called 12.500) acre tract and the Westerly right of way line of said U.S. Highway 69, 96, 287, a distance of 15.00' to a '/z" steel rod, capped and marked "SOUTEX ", set for the Southeast corner of the herein described tract; from which a' /z" steel rod, capped and marked "SOUTEX" found for the Southeast corner of the (Called 12.500) acre tract bears South 27 deg., 42 min., 47 sec., East (Called South 23 deg., 57 miry., 00 sec., East), a distance of 509.64'; having a State Plane Coordinate of N: 13938692.83, E: 3541003.02; "THENCE, South 62 deg., 17 min., 13 sec., West,. a distance of 33.00' to a' /2" steel rod, capped and marked "SOUTEX ", set for the Southwest corner of the herein described tract; THENCE, North 27 deg., 42 min., 47 sec., West, a distance of 15.00' to a 'iz" steel rod, capped and marked "SOUTEX ", set for the Northwest corner of the herein described tract; THENCE, North 62 deg., 17 min., 13 see., East, a distance of 33.00' to the POINT OF BEGINNING and containing 495.00 square feet of land, more or less. Note: Bearings, distances, coordinates and acreage are based on State Plane Coordinate Grid System, Texas South - Central Zone, NAD 83. Scale Factor = 0.999932489, Convergence Angle = 02 deg., 25 min., 51 sec. �`��, Reference Monument — NGS A.I8221. PK'0'rErF -►-a� This description is based on the Land Survey made by Anthony M. ltc,R Professional Land Surveyor No. 5481, on August 19, 20 14. Industrial Safety Training Council su'RV� LS -12 -0232 s ! 0 20 SCALE: 1 " = 20' REMAINDER OF (CALLED 71.6148 ACRES] TRACT 15 -A OF PARTITION MAP NO. 2 THE MCFADDIN TRUST JEFFERSON COUN -Y F.C. 102 -98 -2006 O.P.R.J.C. FOUND 1/2" STEEL ROD CAPPED "SOUTEX " N: 13939157.52 E:31540676-09 N 85'22'10" E 1018.29' / (CALLED S 89'52'23" E 1016.33' �1 METERS N 62'17'13" E 33.00' METER VAULT N 27.42'47" W 15.00' -- O��Gi4 G SPF�r,1�c�OPG1 �OJS�RJ `GP PR O�G� P O f , C; JE 0 WCA IrY ,NAP N. Ts.. S 62'17'13" W 33.00' POINT OF COMMENCING FOUND 1 /2" STEEL ROD CAPPED "SOUTEX" N: 13939162.60 E: 3540756, 25 /`'S 27'42'47" E 6.00' / (CALLED S 23'57'00" E) P.O.B. —T FOUND 1/2" STEEL ROD CAPPED "SOUTEX" N: 13939157.29 E: 3540759.03 495.00 SQ.FT. OF LAND EXCLUSIVE HATER METER EASEMENT PART OF TRACT 15 -A THE MCFADDIN TRUST JEFFERSON COUNTY, TEXAS '--S 27'42'47" E 15.00' (CALLED S 23'57'00" E) N G n�'�. 'tJl it 0 \ FOUND 1/2" STEEL ROD \ CAPPED "SOUTEX" \` N: 13938692.83 E:'3541003.02 \I EXHIBIT B PAGE 1 OF 1 TO ACCOMPANY DESCRIPTION OF A 495.00 SQ. FT. EXCLUSIVE WATER METER EASEMEI\T OUT OF A 12.500 ACRE TRACT OUT OF TRACT 15 -A OF PARTION MAP NO. 2 MCFADDIN TRUST, JEFFERSON CCUNTY TEXAS SURYEYOR'8 CERMCATTON: The undersigned does bereby certify that this survey was this day 8/19/14 made of the property legally described hereon and is correct. This survey is certified for this transaction only; it is not transferable to additional institutions or subseauent owners. 1. COORDINATES do ELEVATIONS SHOWN ARE BASE ON STATE PLANE COORDINATE GRID SYSTEM, - EXAS -SCLTH CENTRAL ZONE NAO 83. COMBINED SCALE FACTOR: 0.999932489, CONVERGENCE ANGLE: 225'51 ". REF. NGS MON. AJ8221 2. METES AND BOUNDS OF EVEN DATE TO ACCOMPANY THIS SURVEY. • - SETT STEEL ROD ANTHONY M. RF: r TCTF.RFd4- { , J�NTri(1a•,; ;',�L LEGER LAND SURVEYOR NO. 5481 PROJECT S O - tA,1 Duos 3749 R Y SAFETY RAINING COUNCIL Po.c A:I D i— ri o INDUSTRIAL HW 69 NORTH T�I.409.053 -2(X)4 JEFFERSON COUNTY, ITXAS SURVEYORS Tr FNG[NPNRS F- 400 1183 Qrn� T.ePE. 11PI EXHIBIT "B" REMAINDER OF (CALLED ACRES) \ u� \-4� A OF PARTITION MAP N0. 2 Po THE MCFADDIN TRUST JEFFERSON COUNTY F.C. 102 -98 -2006, O.P.R.J.C. \y EXHIBIT B PAGE 1 OF 1 TO ACCOMPANY DESCRIPTION OF A 495.00 SQ. FT. EXCLUSIVE WATER METER EASEMEI\T OUT OF A 12.500 ACRE TRACT OUT OF TRACT 15 -A OF PARTION MAP NO. 2 MCFADDIN TRUST, JEFFERSON CCUNTY TEXAS SURYEYOR'8 CERMCATTON: The undersigned does bereby certify that this survey was this day 8/19/14 made of the property legally described hereon and is correct. This survey is certified for this transaction only; it is not transferable to additional institutions or subseauent owners. 1. COORDINATES do ELEVATIONS SHOWN ARE BASE ON STATE PLANE COORDINATE GRID SYSTEM, - EXAS -SCLTH CENTRAL ZONE NAO 83. COMBINED SCALE FACTOR: 0.999932489, CONVERGENCE ANGLE: 225'51 ". REF. NGS MON. AJ8221 2. METES AND BOUNDS OF EVEN DATE TO ACCOMPANY THIS SURVEY. • - SETT STEEL ROD ANTHONY M. RF: r TCTF.RFd4- { , J�NTri(1a•,; ;',�L LEGER LAND SURVEYOR NO. 5481 PROJECT S O - tA,1 Duos 3749 R Y SAFETY RAINING COUNCIL Po.c A:I D i— ri o INDUSTRIAL HW 69 NORTH T�I.409.053 -2(X)4 JEFFERSON COUNTY, ITXAS SURVEYORS Tr FNG[NPNRS F- 400 1183 Qrn� T.ePE. 11PI EXHIBIT "B" k"NONV ALL MEN BY THPI E PR-ESENTS: COUNTY OF JEFFERSON 1 «'ATER METER EASEMENT THAT. INDUSTRIAL SAFETY TRAINING COUNCIL (ISTC). of the Co 1ty of Jeflerson. State of Teets. hereinafter called "GRANTOR". whether one or more. for and in consideration of the s,um of ONE AND -,NO!'] 00 DOLLAR (S 1.00). and other good and N aluable consideration to it in hand paid by the CITY OF BEAUMONT. a municipal corporation domiciled in Jefferson ounty. Texas. hereinafter called "GRANTEE". the receipt and sufficicncv of which consideration is hereby acl:noxledged. 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 Countv, Texas. its successors and assigyEs, an easement to use, repair, alter. and maintain a single underground water meter and appurtenances on the hereinafter described lands which said easement is under. oN er. in and across that certain tract or parcel of land owned by GRANTOR situated in the Countv of.lefferson. State of Texas, and being more particularly described in Exhibit "A & B". attached hereto and made a part hereof for all purposes. Grantor Neill have the right to relocate the water meter as needed for Grantor's use of the property provided the relocation is at Grantor's expense and approved by the City of Beaumont's Water Utilities Director or similarly - titled representative. The easement herein gn-anted shall be used for the purpose of operating, repairing. reh� iililiaiu renlacinz rF lnratino . an rr mn� i o a water meter sus needed for operation r,,f Grantors facilities on the property. The easement shall be exclusive Insofar as use of the easement land for underground utilities Is concerned, but Grantor reserves the right tO USe the surface of the easement land for vehicular parking, driveways_ landscaping, fencing. and other surface uses that will not interfere with or damage the water teeter. Grantor shall hay Le the ri<,ht to pave all or any portion of the surface of the easement land. but no permanent structures or buildings will be constricted on the easement land. Grantor will install the water meter at a depth that xill not be damaged by the contemplated use of the surface by Grantor. it is expressly understood and agn-eed that the Cite of Beaumont shall have the rid ht of access to the water meter and appurtenances at all reasonable times to improve. maintain and operate the same as permitted by law, and will attempt to use existing driveways and that portion of Grantor's property that is immediately adjacent to the water teeter. Non-emer(,encN maintenance and repairs will be with 4S hours prior notice to Grantor. Grantor will be -esponsible for the initial installation or construction of the water teeter on Grantors property in accordance with the plans and specifications included in the utility plan at Grantors expense. After initial construction of the water meter and acceptance b- Grantee, Grantee will be responsible for maintenance and repair of the water meter and appurtenances at Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the water meter that will interfere with the use of the Easement for water meter purposes. Grantee shall not be responsible for the repair and replacement of any paving, or other structures that may be dama�,ed by Grantee's non-ne(-iigent maintenance or repair of the water meter and appurtenances. TO HAVE AND TO HOLD the above described easement and t7ght-of-way unto the said CITY" OF BEAUMONT, its successors and assitnas forever. EXECUTED th-s .� da} of -014 T NDL;STDi.AL C A T T DAi1,iNG OL11�vC ii- J Chris Lamson. President & CEO ST,-NTE OF TEXAS COUNTY OF JEFFERSON ACI1NO'WLEDGNVIENT N N BEFORE ME. the undersigned authority. on this dad personally appeared Chris Lamson. President and CEO of INDUSTRIAL SAFETY TRAINING COUNCIL known to nee to be the person and officer whose Warne is subscribed to the fore- Z' ,, instrtinnent, and ackno�-ledged to me that the same was the act of the said INDUSTRIAL SAFETY TRAINING COUNCIL. and that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN.' UNDER MY HAND AND SEAL OF OFFICE. this � � day of 2014. PATTY R. COLLINS ►`• � � '_°• Notary Public, State of Tex My Commission Expires Notai Public_ State of Texas January 24, 2018 RI=Tt'P,?N TO: Cite of Beaumont Antoinette Hardy - EmJneerin« P. O. Box ',,;17 Beaumont. TX 77704 EXHIBIT L6 " 495.00 SQUARE FEET OF LAND EXCLI SIVE ATFR METER EASEMENT OUT OF TRACT 15-A OF PARTION MAP NO. 2 AICAF_ DDIN TRUST, JEFFERSON COI NTH', TEXAS BEING 493.00 square feet of land out of and a part of the \Villiam Carroll SurveN. Abstract No. ] )..1e lferson Couniv. Texas; being part of "bract 15-A of . {ci addin Trust Partition Map No. ?. recorded in Volume 7, Pa�,,e 133, Map Records, .Jefferson County. Texas: being, part of a (Called 1?.50)) acre tract of land conveyed to Industrial Safety Trainin- Council. a Texas non-profit corporation, recorded ir, File No. 2012026613. Official Public Rccords..lefferson Count_ Texas: said > 17.50 square foot tract being; more fully described by metes and bounds as follo«s. to wit: COMMENCING at a -,,,_ steel rod found, capped and marked "SOUTEV. found for the Northeast corner of the (Called 12.500) acre tract on the Westerly ri<aht of vvIv line of a dedicated road named J.S. HIL,hway 69, 96. 287: haying a State Plane Coordinate of N: 13939162.60. E: 3540756.23: THENCE. South 27 de,., 42 min., 47 sec.. East (Called South 23 deg... 57 min., 00 sec.. East), on the Easterly Iine of the (Called 12.500) acre tract and the «'esterly right of ,vav line of said I1.S. HighNvay 69, 96.. 287, a distance of 6.00' to a steel rod. capped and marled " SOUTEX" set for the POINT OF BEGINNING and Northeast corner of the herein described tract: having a State Plane Coordinate of N: 139391 >7.29, E.: 3540739.03. being the THENCE. South 27 deg., 42 min.. 41 sec., East (Called South 23 deg.. 57 min.. 00 sec., East), continuin on the Easterly line of the (Called 12.500) acre tract and the Westerly riuht of way line of -said U.S. Highway 69, 96.287, a distance of 1 5.00' to a ',!" steel rod. capped and marked "SOUTEX''. set for the Southeast corner of the herein described tract: from which a ','" steel rod. capped and marked 6'SOUTEX" found for the Southeast corner of the (Called I00) acre tract bears South 27 deg., 42 min.. 47 sec.. East (Called South 23 de,., 37 min_, 00 sec., East). a distance of 509.64': Navin, a State Plane Coordinate of'N: 13938692.83. E: 3f,41003.02: THENCE. South 62 ;?eg., 17 min., I') sec., West.. a distance of 33.00' to a steel rod. capped and marked -SW UEX-.set for the Southwest corner of the herein described tract, THENCE. North 27 deg., 42 ruin., 47 sec.. West, a distance of l:,M' to a i2' steel rod, capped and marked "SOUTEX set for the Nortb«vest corner of the herein described tract: THENCE. North 62 deg_, 17 min., 13 sec., East. a distance of 33.00' to the POINT OF BEGINNING and containing 49-5.00 square feet of Land_ more or less. Note: Bearings, distances. coordinates and acrea,e are based on State Plane Coordinate Grid System. Texas South -Central Zone, NAD V. Scale Factor = 0.999932489, Conver-ence Angle = 02 deg., 23 min.. 31 sec Reference Monument = NGS A.18221. This description i�. based on the Land Survey made by Anthony Professional Land Survey or No. -5481. on August 19. 2014. Industrial Safety Trainin- Council LS-12-0232 M sr'E 7FRem stQnr�R 0 20 SCALE: 1" = 20' REMAINDER OF (CALLED 71.6148 ACRES) TRACT 15—A OF PARTITION MAP NO. 2 TH-E MCFADDIN TRUST JEFFERSON COUNTY F.C. 102-98-2006 O.P.R.J.C. FOUND 1/2" STEEL ROD CAPPED "SOUTEX" `N; 13939157.52 i E:3540676.09 N 86'22'10" E 1016.29' (CALLED S 89'52'23" E 1016.337)\ METERS N 62"17'13" E 33.00'--::::�;;� N, METER VAULT -\ N 27'42'47" W 15.00' NCINITY MAF' N. T. S. S 62'17'13" W 33.00' POINT OF COMMENCING FOUND 1/2" STEEL ROD CAPPED "SOUTEX" N: 13939162.60 E: 3540756.25 495.00 SQ.FT. OF LAND EXCLUSIVE WATER METER EASEMENT PART OF TRACT 15—A THE MCFADDIN TRUST JEFFERSON COUNTY, TEXAS S 27'42'47" E 6.00' (CALLED S 23'57'00" E) P.O.B. FOUND 1/2" STEEL ROD CAPPED "SOUTEX" N:13939157.29 E: 3540759.03 —S 27'42'47" E 15.00, (CALLED S 23'57'00" E) �t2l LID .0 S FOUND 1/2" STEEL ROD CAPPED "SOUTEX" N: 13938692.83 E: 3541003.02 REMAINDER OFF (CALLED 71.6148 ACRES) TRACT 15—A OF PARTITION MAP NO. 2 \ o THE MCFADDIN TRUST '• •� JEFFERSON COUNTY F.C. 102-98-2006, O.P.R.J.C. y \ EXHIBIT B PAGE 1 OF 1 TO ACCOMPANY DESCRIPTION OF A 495.00 SQ.FT. EXCLUSIVE WATER METER EASEMENT OUT OF A 12.500 ACRE TRACT OUT OF TRACT 15-A OF PARTION MAP NO. 2 MCFADDIN TRUST, JEFFERSON COUNTY TEXAS SURVEYOR'S CERTIFICATION: The undersigned does hereby certify that this survey was this day 8/19/14 made of the property legally described hereon and is correct. This survey is certified for this transaction only; it is not transferable to additional institutions or subsequent owners. 1. COORDINATES & ELEVATIONS SHOWN ARE BASE ON STATE PLANE COORDINATE GRID SYSTEM, TEXAS —SOUTH CENTRAL ZONE NAD 83. COMBINED SCALE FACTOR: 0.999932489, CONVERGENCE ANGLE: 2'25'51". REF NGS MON. AJ8221 2. METES AND BOUNDS OF EVEN DAT_ TO ACCOMPANY THIS SURVEY. • = SET 14" STEEL ROD OF . (� nEdTI '�.I_FGER r� d ANTHONY M. LEG,F,&=. REGISTERED -PROFESSIONAL LAND SURVEYOR NO. 5481 PROJECT-12-0232 SCMX 0= 3757 Doctors Drt,e INDUSTRIAL SAFETY TRAINING COUNCIL 1" = 20' PortArtlivir. Texas 77642 3749 HWY 69 NORTH D 8 06 14 Tel.409.983.2004 JEFFERSON COUNTY, TEXAS DRAYM By SURVEYORS & ENGINEERS Fax 409.983,2005 J. MITCHEL soutexsnrveyors.co"t SEA. LEGER T.B.P.E. FIRM J5755 SHEV T.X.L.S. FIRM #ioi S900 mtE m RiSf a 1 ne 1 e mt.owg Om Kenn