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HomeMy WebLinkAboutRES 15-027RESOLUTION NO. 15-027 WHEREAS, HEB Grocery Company, LP has agreed to convey one (1) five foot (5) wide exclusive water line easement, said easement being a 0.0023 acre tract out of the David Brown Survey, Abstract No. 5, as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for the construction of a new commercial store located at 3536 College Street; 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) five foot (5') exclusive water line easement conveyed by HEB Grocery Company, LP, being a 0.0023 acre tract out of the David Brown Survey, Abstract No. 5, as described and shown in Exhibit "1," 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 10th day of February, 2015. S ,1 Q tl I - or Becky Ames - i ?,0 STATE OF TEXAS X c'OUNTV OF JEFFERSONI X KNOW ALL MEIN BY THESE PRESENTS: WATER LINE EASEMENT THAT, IIEB GROCERY COMPANY, LP, a Texas limited partnership, of the County of Bexar, State of Texas hereinafter called "GRANTOR", whether one or more, for and in consideration of the sung of ONE AND NO/100 DOLLAt (51.00), 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, 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 perpetual, exclusive, water line easement (the "Easement") to construct, alter, and maintain waterlines and related 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 hart hereof for all purl)oses (the "Easement Area")- The rea").The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or remm4rig water lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egn•css from the Easement Area and use of the sank for the purposes aforesaid; provided, however that Grantee use of the Easement EXHIBIT "1" and the rights appurtenant thereto shall in no event unreasonably ir1terferc with or hinder the business operations on the Grantor's adjacent pr oper ty andlor Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all pur-hoses that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks, landscaping and/or lighting, provided, however, no permanent buildings may be placed on the Easement Area.. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Sign attire Page PollowsJ EXECUTED this day of "OI S. GRANTOR, HEB Grocery Company, LP a Texas limited partnership By: Printed Name: 'Dodd A. Hand Title: Vice President ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF BEXAR X BEFORE ME, the undersigned authority, on this day personally appeared TODD A. 111LAND the EXECUTIVE VICE PRESIDENT of HEB GROCERY COMPANY LP, a Texas limited partnership, known to nye 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 limited partnership for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 201 S. Notary Public. State of Texas RETURN TO: City of Beaumont AntOlnette Hardy - Engineering P. O. Box 38?7 Beaumont, TX 77704 C'olI"utfril, I: 1.Gicr;re ruin Luxl.Srrrnerar r: WE I I I I ! I f I I I I I �7 w i c !ti J :C) I i I I I I E I I I E E I I I 1 x L�j , W I Z D V) W < (j_ Z mm a OZ I I UWWN O pN W� D �� `5 c7 D Q — d •` I a' LJ C7 UJ J � CD E I 0 u I fW II i 1= I 1� ,IceIco ,wlZ I�m1 mol { I„moi I ✓,h I IUujI 1-`wl F` I I 1 _-.nn•nC-�I/— LS'8Ll - --- L9'8ttL 3 MIC -00 S U3l"1VUJ C7 (6"4bl 3 .�U.I;,00 5 z (S318VA a; U'a) G '% `� w � � � jaaldLIS xsi T u -'iop°: S LLai� v l� o Ado y N c T: N n Ql .�� in LLai� 17 o moc OU u U X w r J w LcJ Z [r�O J CD 0-1 m !1JLli 2 0] } L � EE U U L'i z ]� 0�® �_�Bnl � u GIAJOR u o ro O w W6 v v l� o Ado y N c T: ��11►1i'�I�III'III ii illllllll'I'I III �ASPca 2�'15`�06268 STATE OF TEXAS X KNO\N7 ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, HEB GROCERY COMPANY, LP, a Texas limited partnership, of the County of Bcxar, State of Texas hereinafter called "GR AANTOR", �vllethcr one or more, for and in consideration of the sufn of ONE AND NO/100 DOLLAR (S 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, 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 perpetual, exclusive, water line casement (the "Easement") to construct, alter, and maintain waterlines and related 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 Area") The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingness to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property andior Grantor's ingress and egn-ess thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, includimg but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks, landscaping and/or lighting; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-vvay, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions") This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page Follows] n EXECUTED this day of ebru-a,ry 2015. GRANTOR: HEB Grocery Company, LP a Texas limited partnership Bv:L�� Printed Name: Todd A. Piland Title: Vice President ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF BEXAR X BEFORE ME, the undersigned authority, on this day personally appeared TODD A. PILAND the EXECUTIVE VICE PRESIDENT of HEB GROCERY COMPANY, LP, a Texas limited partnership, 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 limited partnership for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 11"day of f7t-('-^� 2015. L-J� y - -<� 6- ('� -- -0< �' Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering DEBRA L. SALDANA P. O. Box 3827 _� _ Notary Fubiic. State of Texas Beaumont, TX 77704 = r./ .`P;' N1v Comrnss+on Expires March 12, 2018 Fittz&Ship►man INC. POI, Jld D. Firtz, P.E., 1".P.1 S. W)46-1`J87) iern; G. Shipman, P.E., Ch1irm�1n Billti I. Smith' Jr., President Corz,wulting Gn�in��zrs watt Land .Su veyurs Donald R. Iant;, Y.L. Walter J. 1:=i_1" k, RY I_.S. EX111BIT A, PAG U 1 OF 3 FIELD NOTE DESCRIPTION OFA 0.0023 ACRE TRACT FOR A EYC1,USIVE WATER LINE EASENIENT OUT OF T11E DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS OCTOBER 24, 2014 That certain 0.0023 acre tract for an exclusive water line easement out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and being across Lot 1A of the College Street Complex, a plat recorded in Clerks File No. 2014034601 of the Official Public Records of Jefferson County, said 0.0023 acres being more particularly described by metes and bounds as follows: NOTE: Basis of Bearings is a west line of said Lot 1A having been called South 00°09"W" East 350.35 feet. COMMENCING at a capped iron rod found in the east right-of-way line of 11 t" Street for the southwest corner of a called 1,1623 acre tract conveyed to American Office, LLC as recorded in Clerks File No. 2003005206 of the Official Public Records of Jefferson County, Texas and the most westerly northwest corner of said Lot 1A from which a PK nail found for an angle point of said Lot 1A bears North 89°54'45" East 150.31 feet (called North 89°54'45" East 150.3.1 feet); THENCE South 00°31'03" East along the said east right-of-way line of '11th Street and a west line of said Lot 1A a distance of 30.00 feet (called South 00°31'03" East) to a point for an exterior corner of a 10' wide exclusive water line easement recorded in Clerks File No. 2013038861 of the Official Public Records of Jefferson County, Texas from which a PK nail found for an angle point of said Lot 1A bears South 00°31'03" East 118.57 feet (called South 00°31'03" East); THENCE North 89051'51" East along a south line of the said 10' wide exclusive water line easement a distance of 234.38 feet to a point for the northwest comer of the said 0.0023 acre tract and the POINT OF BEGINNING; Fittz & Shipman, Inc. Page 1 of 2 Project No. 1005002T8WtrLineEsmt Plat & Description 1405 Corii(,M ine Court - Be-aunionl, Texas ; 770(, i40)) fax �409) u 305 Ix Goard ul Pro(Engineers I inn No. 1100 ® 1x Board (d Prol Lund Survcyor� Finn No. IUiJi);G EXH1131'T A, PACT; 2 OF 3 THENCE North 89051'51" East along the said south line of the said 10' wide exclusive water line easement and the north line of the said 0.0023 acre tract a distance of 20.00 feet to a point for the northeast corner of the said 0.0023 acre tract-, THENCE South 00008'09" East along the said east line of the said 0.0023 acre tract a distance of 5.00 feet to a point for the southeast corner of the said 0.0023 acre tract; THENCE South 89°51'51" West along the south line of the said 0.0023 acre tract a distance of 20.00 feet to a point for the southwest corner of the said 0.0023 acre tract; THENCE North 00°08'09" West along the west line of the said 0,0023 acre tract a distance of 5.00 feet to the POINT OF BEGINNING and containing 0.0023 acre of land, more or less. This description is based on a survey made by Fittz & Shipman, Inc. during September 2012 and April 2013. Walter J. Ksiazek Registered Professional L nd Surveyor Ne_ 5321 Fittz & Shipman, Inc. Page 2 of 2 Project No. 100502T8WtrLineEstrn Plat & Description I% 0 �A tvA 0 -A 77 0,0 cp 'o. C) Li lo� r 0 IJ3 -�3 C) Nor VIA 133 CP 0 COD A\ t \-I—