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Home My WebLink AboutRES 14-242RESOLUTION NO. 14-242 WHEREAS, Lowe's Home Center, LLC has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.0626 acre tract out of the F. Bigner Survey, Abstract No. 1, as described in Exhibit 1" and shown on Exhibit "2," attached hereto, to the City of Beaumont for the new construction of a Panera Bread building located at 4104 Dowlen 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') exclusive water line easement conveyed by Lowe's Home Center, LLC being a 0.0626 acre tract out of the F. Bigner Survey, Abstract No. 1, 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 purpose. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of November, 2014. r w .0 tle (Preturr) ta): TITLE COMPANY 18618 Tuscany Stone, # 240 San Antcnic,'sexas 78258 G� # 4002002964 FILED AND RECORDED }- OFF I C I A L PUBLIC RECORDS 2014 Sep 08 11 47 AM Fee: $ 46.00 2014028911 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY TEXAS S"TATF.. OF TEXAS X *Electronically Recorded' KNOW ALL MEN BY 'Tl-ILSE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT TILAT, LOWG'S HOME CENTI -RS, LLC, a North Carolina limited liability company, whose mailing address is PO Box 1000, Mooresville, NC 281 l S, Attention: Legal Department (NB61.,G), 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 CITY OF BEAUMONT, a inunicipal 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 & B ", attached hereto acid 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 " EXHIBIT "V 2014028911 Page 2 of 6 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 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. GrRANTOR agrees not to place any structures or appurtenances within the Easement Property. If in connection with the use of the easement granted hereunder, Grantee causes any damage to the surface of the tracts of land subject to such easement, Grantee shall (at its sole cost and expense) promptly repair any such damage to restore the surface of the land, insofar as reasonably practicable, to its preexisting condition. TO HAVE ANT) TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. [Signature Pages to follow] 2014028911 Page 3 of 6 EXECUTED this 5th__.._ __._ day of. _ap.atg _, 2014. "GRANTOR" LOWE'S HONIff, CENTERS, LLC -i North Carolina limited liability company ZL' By: a. senior Vice President ACKNOWLEDGMENT STATE OF North Carolina X C COUNTY OF X BEFORE ME, the undersigned authority, on this day personally appeared P— W Sr., Vice President of Lowe's Home Centers, LLC known to me to be the person and officer whose name is subscribed to the foregoing instrument, Auld acknowledged to me that be executed the same as the act of such company for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN IJNDFR MY HAND AND SEA1, OF OFFICE, this a9 Nay of' --bu5L&-Z " 0 14, Notary Public,()State of._XtZ__ RE'TURNTO: City of'Beaum6nt Antoinq)te-Aardy - Engineering P,q,aox 3827 Tanya C. Benfield Bi Wont, TX 77704 Notary Public Surry County, NC Commission Expims fiber 9, 2016 2014028911 Page 4 of 6 EXIIIBIT "A" :Exclusive Water Line Easement Legal Description 0.0626 acre Exclusive Water Line Easen-lent F, Bi,gner Spn,ey; Abstract Nit. 1 Jefferson County, Texas BEING a 0.0026 acre. exclusive water line easement situated in the F. Bigner Survey; Abstract No. 1, Jefferson. County,, Texas and being out of an.ci part of that certain called. 19 :7466 acre tract of land as described in a "General Warranty Deed" from SCI Acquisitions — Beaurnont, L.C. to Lowe's Home Cente=rs, Inc. as xecorded .in Clerk's F-ile No. 95- 953I358,, Official Public Records of Real Property, Jefferson County, Texas, -,said 0.0626 acre exclusive water line easement being more particularly described as follows: OTI;,. All bearings are based on the Northeavi line of'a certain called 0.971 cacraq tract of land to A R'al.ker 1 ruerprises, LLC tract as N(-)I YH .10047'68' YYEST as i•ecorded in. Clerlrs's File No. 2071067707 0jftrcW Public Aecords; J�,ferson County: Ie�as, BEGINNING at a 3/4" iron roil. 'found .in• the Nortberly line. of the said 19..7466 acre 'Lowe',s Home Centers; Inc.. tract,. the same being the .Southerly line of that certain called. 0.971 aQre tract of land to J. Walker. I' ,hterprises, LLC recorded ill Clerk's FileNo. 201 1.007707,. Officlat Public Rccords., Jefferson County; Texas, said comer being the Beginning of a ,cui-ve tumirtg t9 the left Having; a radius of 10.0,00 feet and being subi ended. by a chord bearing NORTH 85 °1.3'04" IEAn Having a chord Iength of 117.45 -feet; THENCE EASTERLY, along and with said curve and. for the boundary. between the said 19.7466 acre Lowe's Home Centers,. Inc. tractand the said 0.971. acre J, Walker Enterprises, LLC; tract, for an arc length of 125..53 feet to a scribed "V in concrete found for corner; THEINCE NORTH 49 000'07" EAST; continuing for the boundary between the.said 19.7466 acre L.owe's Home Centers, Inc.. tract . and. the said. 0.:9'1 acre 7. Walker Enterpri.sks, LLC tract, for a distance of 127.72 feet to a scribed "X" in concrete found for comer, said comer being and interior ell corner of the said 19.7406 acre Lowds home Centers, Inc; tract, said comer also beih- the most Easterly carnet of s:ucl 0.971 acre J. Walker I alterprises, LLC. tract; THENCE NORTI4 9).047'08" WI~:ST,' continuing -for the boundary between the said 19.7466 acre Lowe's Horne Centers, Inc. tract and the said 0.971 acre J. Walker Enteipriscs, LLC tract, for a distance of 1.0.00 feet to a point for cornier; THENCE :NOXI 149 °12'5?" EAST, rsvet acid. across the laid 19.7466 acre Lowe's Home. Centers, .Inc. tract.. for a distance of 10.00 feet to a point for corner; THENCE SOUTIl 40 °47'08" EAST, continuing over and across the said 19,7466 acre Lowe's Home Centers, Inc. tract, fbr a distance of 1.9.96 feet to a point for comm.; :EXH 1B1T "A" Parr, l of 2 !b: illilTELEI',4ND :•46S(K"k17ES; F"T', 2014028911 Page 5 of 6 THENCE SOUTH 4900_1'()7" WEST, contbiuing over and across the said 19.7466 acre: Lo-�,, &s Rome Centers, ln.c_ tract, for a. distance of 137.71 feet to .a point R)r comer, said corner being the begiruurtg of a curve turning_ to the 6ghI: having.a radius of 1,10.,00 feet and being subtended by .a chord bearing,St7UTII:74"5_'14." WEST having a chord length of 95.21 feet; THENCE WES'rER.L.Y, along and with said curve and continuing over and across the said 19,7466 acre Lowe`s Home Centers, Inc. tract, for qua art.. length vf' 9.S.a6 feet to a point for comer; ,rHENCE SOUTH 49 °1.3'48" WEST, continuing over and across the said 19.7466 acre L6w&!i Home Centers, Inc.. tract, for a distance of 9.23 feel to a point for corner; TIiENCE NORTH 4.0 °4611.2" WEST, continuing over and across the said I M466 acre Lowe' .s Home Centers, Lnc. tract, for a. distance of 37:79 feet to the POINT OF BEGINNING and containing 0.0626 Acres, more or less. This legal description is benig submil.ted along with a p}atbased on this suivey. (see EXHIBIT I$rl� Mark W. Whiteley,, RPLS ) Kh _�lll•i'.14- _96'.1 A •19� W'w21.inc t vrmrnl.oAbd, EXHIBIT "A.. MARK n.: WHYTE rF -i 2014028911 Page 6 of 6 Ise- Li n -L . ...... is . ...... ........ I's , , , �i 7� ON ........ ... Ar 10 EXHIBIT "2" MA haw it -Psi c;r q C, :2; it C6 in Q M ca N4 25� 2�- 0 r<:9 haw it -Psi c;r q C, :2; it C6 in Q M ca N4 25� 2�- 0 „,*j,j TITLE CC)mP ANY 13518 Tu>cany Stone, # 240 San AntCniC, +exas 76258 G� x !4002002964 FILED AND RECORDED O= FICIAL PUBLIC RECORDS 2014 Sep 08 11 47 AM Fee S46 00 2014028911 CAROLYN L. GJIDRY, COUNTY CLERK JEFFERSON COUNTY TEXAS S'1ATF., OF TEXAS X `ElectronicallyRecoroed' KNOW ALL 1 TEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WA" IT, It LINE EASEME'rNT TILA "T, L0'%k'I7S 110ME CENTERS. LLC, a North Carolina limited liability company, whos;: mailing address is PO Box 1000, Mooresville, NC 25115, Attention: T&-al Department (NB6LCi), 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 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, SOLI) and CONVEYED, and by these presents does GRANT, SELL, and CONVEY unto the CITY OF BEAUMONT, P. O. Box )827, Beaumont, 1'exas 77704, Jefferson County, Texas, its successors and assigns, a Water Line Easement and the exclusive ribht 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,leff'erson, State of'I'csas. and heing more particularly described in F_,xhibit "A & B ", attached hereto mid made a part hereof for a]1 purposes. Fhe easement herein granted shall be used for the purpose of placing, constructing. operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and EXHIBIT "1" 2014028911 Page 2 of 6 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 tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving. said City the right and lzrivilege to improve, maintain and operate the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property. If in connection with the use of the easement granted hereunder, Grantee causes any damage to the surface of the tracts of land subject to such easement, Grantee shall (at its sole cost and expense) promptly repair any such damage to restore the surface of the land, insofar as reasonably practicable, to its preexisting condition. TO HAVE AND TO HOLD the above described easement and right -of -way unto the said CITY OF BEAUMONT, its successors and assigns forever. [Signature Pages to follow] 2014028911 Page 3 of 6 EX E C L jT E D this 5t1, __.._ day oi'._. S�xzi~cehex___ 2014, STATE OF North Carolina 1,GRANTOR" LOWE'S HOMI F CENTERS, LLC a North Carolina limited liability company B), Senior Vice President 4rt ACKNOWLEDGMENT X COUNTY OF _;- j._�,' �S. X BEFORE ME, the undersigned authority, on this day personally appeared r -!ra-r F-I wuo-�H Sr., Vice President of Lowe's Home Centers. LLC known to me to be the person and officer whose name is subscribed to the foregoing instrument, cold 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 I1NDF,R MY HAND AND SEAL, OF OFFICE, this a9} day of 2014. P i'URN TO: City of-Beaumont / AntoinettelIardy - Engineering P. 9 '}fox 3827 13caumont, TX 77704 Notary PublicNtate of Tanya C. Benfield Notary Public Surry County, NC Comm Won Expires Oftber 9, 2016 2014028911 Page 4 of 6 EXliiBIT "A„ Exclusive Water Line Easement Legal )ascription;: 0.0626 Acre EX01Usive Water Line Easement F. Bigner Survey, Abstract No. 1 Jefferson County, Texas BEING a 0.0626 acre. exclusive water line easement situated in the F. Bignc"r Survey, Absn:act No. 1, Jefferson County,, Texas and being our of and part of tha` certain called 19:7466 acre n-act of land as described in a "General Warranty Deed" from SCI Acquisitions — Beaumont, L. C. to Lowe's Home Centers, Inc. as recorded in Clerk's Tile No, 95- 9531358, Official Public Records of Real Property, Je"i'erson County, Texas, said 0.0626 acre exclusive Water line casemen' being more particular ', y described as fol]aws: AIOTF, -x11, bearings m•e bawd on the Noi-thea:st line of a certain. called 0.971 arl-,ay I'.vacl of land to J. lCalker Enterprises, LLC ta'act as NORTH 10047'06"' TYES7' as recorded ir. C'ledcs's File No. 707 - 1007707 Qjficial Aiblic. Records, Jtfi raon County. Texas, B'EGUVINING at a 314" iron rod found .ia:the Northerly line.of the said 19..7466 acre Lowe's Home Centers Inc.. tract, the same being .the Southerly line of that certain called 0 -97.1 acre tract of land to J, Walker l itterprises, LLC recorded in Clerk's File No. 2017.007707,. Official Public Records,, Jefferson County, Tereus, said comer being the beginning of a curve turning to the lcil: having a radius of 100.010 feet and being subtended by a c'nord bearing NORTH 85 °13'04" EAST Having a chord length of 117.45-feet; THENCE EASTERLY, along and with said curve and for the boundary bem een the said 19.7466 acre Lowe's Home CenEers,. Inc. tract and the said 0.971. acre J. Walker Enterprises, LLC'. tract, for an aTc length of 125..53 feet to a scribed "X" in concrete found for corner; THE,'VCE NOR'l'H 49 °00'07" EAST; continuing for the boundary between the-said 1.9.7466 acre Lowe's Home Centers, Inc. tract and. the said 0.911 acre J. Walker Enteerpris_-s, LLC tract, for a distance of 127.72 feet to a scribed "X" in concrete found for comer, said corner being and interior ell corner of the said 19.7466 acre Lowe's Home Centers, Inc: tract, said corner also being tine most Easterly comer of said 0.971 acre J. Walker FintcrpTiqcs, .LLC: tract; THENCE NORTH 4() °4708" WEST, continuing for the boundary between the said 19.7466 acre Lowe's Horne Centers, Inc. tract and the said 0.971 acre J. tiValker Enterprises, LLC tract, fc)r a distance of 10.00 feet to -a pe>ial for corner; THENCE N071t':ITI 49 °x2'5?" EAST, over and across the laid 19.7466 acre Lowe's 1-tome Centers, .Inc. tract, for a distance of 1:0.00 feet to a paint for conger; THENCE SOI.)TH 40 147'08" EAST, continuing over and across the said 19,7466 acre Lowe's Flom.e Centers, Inc. tract, for a distance of 19.96 feet to a point for comer; EXHIBIT "A" 343R611: ia7f/T6LEi'.4A'DaSSOC1.1 %LS, I-VC: 2014028911 Page 6 of 6 THENCE SOUTH 49 00.0'0'7" WEST, continuing ever and across the said 19.74tt; acre Lo -we's 14ome Centers. Inc_ tract, for a disstancc of 137.71 fact tV a point Ror comer, said corner being the begiruiintr of a verve turning to the sight: having a radius of 1,10.,00 feet and being subtended by a chord bearing SOUTH. 74 "5314" WEST having a chord length of 95.21 feet; T14L(NC:E WESTERLY, along and with said curve and continuing over and across the said 19.7466 acre Lowe's Home Centers, Inc. tract, for mm arc lencdi of 98.46 feet to a paint for corner; THENCE SOUTH 49 °1349" WEST, continuing over znd across the s,-id 19.7466 acre Lowe's Home C:cntcrs., Inc. tract, for a distance of 9?3 feet t:o a point for comer- THENCE NORTH 40'46'12" WEST, continuing over and across the said 19.7466 acre Lowe`s Home Centers, L-sc. tract, for a. distance of 37.79 feet to the POINT OF BEGINNING and containing 0.0626 Acres, more nr7ess: 17us legal desmiption is being submitted along With a flat based on this survey. (see EV -lIBIT c�r ML Itf. w. Mark W. Whiteley,.RPLS.No, 63 ��3635e��o lrs�v�l 19- 796 -IA Q(l6 iG. -Line vcmrnawtGdre 8'Vt 1I7CHIBIT "A" Nuke "' 6f 2 MARK U. s)•HCrEl E I•-I:vn.,ss 1a *c; 2014028911 Page 6 of 6 9 I I--. � 1 ! e Qe EXHIBIT "2" rn lot 1. . gf- c 9 I I--. � 1 ! e Qe EXHIBIT "2" lot 1. c MR F. O Q 04� n isi.,L 1-- uj LO 9 I I--. � 1 ! e Qe EXHIBIT "2" ' --�JkOt; jR � , � V- Z 2�2 - n 18 .4 tn rw lot F. n isi.,L n ' --�JkOt; jR � , � V- Z 2�2 - n 18 .4 tn rw ti 6Z o xy lot ti 6Z o xy