HomeMy WebLinkAboutRES 15-042RESOLUTION NO. 15-042
WHEREAS, Beaumont Providence, LP has agreed to convey one (1) ten foot (10')
wide exclusive water line easement, said easement being a 0.3448 acre tract out of the A.
Hudson Survey, Abstract No. 33, as described and shown in Exhibit "1," attached hereto,
to the City of Beaumont for the construction of new apartments located at 3585 North
Major Drive; 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 Beaumont
Providence, LP, being a 0.3448 acre tract out of the A. Hudson Survey, Abstract No. 33,
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 17th day of
March, 2015.
I A-
STATE OF TEXAS X
COUNTY OF JEFFERSON X
KNOW ALL MEN BY THESE PRESENTS:
WATER LINE EASEMENT
THAT, BEAUMONT PROVIDENCE, LP, of the County of Jefferson, State of Texas
hereinafter called "GRANTOR", whether one or more, for and in consideration of the surn 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, 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 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.
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 collectively, the "Easement
Rights".
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.
EXHIBIT "1"
(ikAN"I'OR agrces not to place any atructtmrs or appurtenances within the Lit-nownt
Propeaft� lhIt \-mill interfere with 6)-antcc;'s ability to cxcrcisc the. Ri"t"hts.
(-irantcc "hall not be responsible for the repair �Iml rephicement ol'aIny pax inr_ or other
structures \v ithm the L�Iscmcnt Property.
I O I IA\'1- ANI) 11) 1101.1) the ahove described casement and rQ.ht-<,Wy woo the said
Cl VY 01-]IMUNIMIK its successcn-s aml asAgns Now.
ibis dray of _ 2015.
OIZAOil O1Z:
H A11,MONT PIZ0VIDL?NC1 , L,I'
Ii y:
Primed Name:
IAIC:
ACKN0WI� I:1)G.N%11:NT
,-'I ;ATI: Ol: '1 1l;XiA'S X
(-OUN J 1 011L -T11 -1,-R SON X
131:1"01 11 111 _ the 1111ders),Lmed autll�:n iry, cul this day personally appeared
BEAUNIf:)hoT PROVIDENCE.
LP- known to me 10 be the pe-rsoll and 0111CC1 W4 OSC M1113c 15 S1IbSCI'IhC-d to the f6repoing
insiruMCM1 and <IchnONV IC(Ill :d to ❑u; that he cxccutcd the ""al)c its ihc acl of' such corporation iol,
the purposes and comsideratirm therein expreswd and in the c: lj Idly thercill state•(.
GIN/1.-:N 1.)NDF_R MY IIAND AND SI;A1, OF; OFFR"I•;. this day oj, , ?O15.
Nolary Public. Sl<flc. of"I'mis
P 1: 11 WN 1O: C'ily of Beaumont
Antomctte I Iardy - FM) I'll ccring
1'. U. Box 3827
13cakunonl.'1;X 77704
iz&Shipman
INC.
Ronald D. F!trz, P.E., R.P.L.S. W148-11JV)
Terry C. Shyman, P.[., Chainrzan
Billy ). Smith, )r., President
EXI-IIBIT A, PAGE 1 OF 3
CENTERLINE DESCRIPTION
Consulting 6nginees and Land Su» ,eyojs
Donald R. King, P.E.
Waller J. Ksiazek, R.P.L.S.
FOR A
10' WIDE EXCLUSIVE WATER LINE EAEMFNT
OUTOF THE
A. IIUSTON SURVEY, ABSTRACT 33
JEFFERSON COUNTY, TEXAS
JANUARY 8, 2015
That certain centerline description for a 10' wide exclusive water line easement out of the A.
Huston Survey, Abstract 33, Jefferson County, Texas, being across a called 11.200 acre tract
conveyed to Beaumont Providence, LP as recorded in Clerks File No. 2014008926 of the
Official Public Records of Jefferson County, Texas, said centerline description being more
particularly described by the following courses and distances;
Note: Bearings are referenced to the east line of the said 11.200 acre tract having been called
South 02°52'54" East 485.94 feet.
COMMENCING at a 1 Y4" pinched pipe found in the west right-of-way line of FM Highway 364
(aka N. Major Drive) for the southeast corner of a called 100 acre tract conveyed to Boys Haven
of America Foundation as recorded in Clerks File No. 2007017637 of the Official Public Records
of Jefferson County, Texas and the northeast corner of the said 11.200 acre tract from which a
capped iron rod found for the northwest corner of the said 11.200 acre tract bears South
87°03'21" West 1004.24 feet (called South 8704'36" West 1003.95 feet);
THENCE South 02052'54" East along the said west right-of-way line of FM Highway 364 (aka N.
Major Drive) and the east line of the said 11.200 acre tract a distance of 86.28 feet (called South
02°52'54" East) to a point for the POINT OF BEGINNING of the said centerline of the 10' wide
exclusive water line easement;
THENCE along the centerline of the said I T wide exclusive water line easement with the
following courses and distances:
South 87'04'36' West, at a distance of 241.57 feet pass the POINT OF BEGINNING of
TAP A from which the POINT OF TERMINATION of said TAP A bears South 02°55'24" East
10.00 feet, and continuing a total distance of 544.72 feet to an angle point;
Fittz & Shipman, Inc.
Page 1 of 2
Project No. 1302502T4WtrLineEsmt
Plat & Description
1405 Cornerstone Court • Beaumont, Texas 77706 • (409) £332-7238 • fax (409) 1332-7303
Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof i_and Surveyors firm No. 100186
EXHIBIT A, PAGE 2 OF 3
South 0205524" East a distance of 379.20 feet to an angle point;
North 87004'36" East, at a distance of 303.15 feet pass the POINT OF BEGINNING of
TAP B from which the POINT OF TERMINATION of said TAP B bears North 02°55'24" West
33.38 feet, and continuing a total distance of 544.45 feet to a point in the said west right-of-way
line of FM Highway 364 (aka Major Drive) and the said east Eine of the 11.200 acre tract for the
POINT OF TERMINATION of the said 10' wide exclusive water line easement from which a
capped iron rod found for the southeast corner of the said 11.200 acre tract bears South
02°52'54" East 20.42 feet (called South 02°52'54" East).
This description tis based on a survey made by Fittz & Shipman, Inc. on April 22, 2014.
'(/4
Joe A. Mattox
Registered Professional Land Surveyor No. 5535
yir•Flit i' i`�, r,\ii•"lY�,n )i`t''i
OL�1��
Fittz & Shipman, Inc.
Page 2 of 2
Project No. 1302502T4WtrLineEsmt
Plat & Description
N
t V n
w _ O a
USN
N a
� O r
! Taio f7a7U X AHDIH FU pQ� Lil
8 °a (SJNiaV38 30 Ssv9) & (LJ
a J A
(Y 6'699 3 fc,7S.m S 031IV3) ! < Uj i
69'99* 3 „bS,ZS.ZO S o v U Q
a Z
9Z•99 oz ste N w w >=
II I J s>d
aWWI I o
t � �z W�''x� I I � o 0 O x
II� aao�� I�
�I
�fy e1 0 0
cn QZQ
f I I C3 mQM
Uj
Uj
�jI II x
M,II Oo �mm
y.moa .c I o�nv
L N l
CF)a
Nm �L
`OZ'6Zr 3 .iZ,MZQ s z a P+
IE
JOW
2rnU CL O^
a o
wog .x
�a
w
U a S
00.994 M ,££,K.Z0 N S
(96'9RV M _ZQZS.ZO N 03�1VJ)
a
ON ,
°-,nom h4.�,. .S •m v'`�
W °
u. a
U w�
mZ
O
zno
U
W t/lr
OOn u1
n
W �'d=
Z s a
4OCC) �r O
iL N cj
O D to oao
44 Vt
NO> N
W
m¢n p
Uj Z N N
Q.. i+l [V y o
B O O F a y w
uaz
�v_rp
2
A
St!
..RC:60 SIOZ 'RO 11of O/n01ws3�IMZOS70[AU NSbl 7.00fi'SZD4'fVoloyy uo epuap�m,d - SZOt I\SSO3'Oad\
7 PGS 2015011579
EAS
STATE OF TEXAS
COUNTY OF JEFFERSON
M
KNOW ALL MEN BY THESE PRESENTS:
X
WATER LINE EASEMENT
THAT, BEAUMONT PROVIDENCE,LP, of the County of Jefferson, State of Texas
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, 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 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.
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 collectively, the "Easement
Rights".
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.
GRANTOR agrees not to place any structures or appurtenances within the Easement
Property that will interfere with Grantee's ability to exercise the Easement Rights.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures within the Easement Property.
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 52015.
BEAUMONT PROVrIDFNCE, LP
By:
Printed Name: Christopher. Akbari
Title: Sole Member of General Partner
STATE OF TEXAS
COUNTY OF JEFFERSON
ACKNOWLEDGMENT
"/
BEFORE ME, the undersigned authority, on this day personally appeared
Christopher Akbari as Sole Member of 6eneia6f n%TEAUMONT PROVIDENCE,
LP, 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 corporation for
the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2015.
GERTIE BURLESON
MY COMMISSION EXPIRES
June 30, 2016
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
Notary Piklic, State of Texas
Fittz&Shipman
INC.
Ronald D. Fittz, P.E., R.P.L.S. (1948-1987)
Terry C. Shipman, P.E., Chairman
Billy]. Smith, Jr., President
EXHIBIT A, PAGE 1 OF 3
CENTERLINE DESCRIPTION
Consulting Engineers and Land Surveyors
Donald R. King, P.E.
Walter). Ksiazek, R.P.L.S.
FOR A
10' WIRE EXCLUSIVE WATER LINE EAEMENT
OUT OF THE
A. HUSTON SURVEY, ABSTRACT 33
JEFFERSON COUNTY, TEXAS
JANUARY 8, 2015
That certain centerline description for a 10' wide exclusive water line easement out of the A.
Huston Survey, Abstract 33, Jefferson County, Texas, being across a called 11.200 acre tract
conveyed to Beaumont Providence, LP as recorded in Clerks File No. 2014008926 of the
Official Public Records of Jefferson County, Texas, said centerline description being more
particularly described by the following courses and distances;
Note: Bearings are referenced to the east line of the said 11.200 acre tract having been called
South 02°52'54" East 485.94 feet.
COMMENCING at a 1 Y4" pinched pipe found in the west right-of-way line of FM Highway 364
(aka N. Major Drive) for the southeast corner of a called 100 acre tract conveyed to Boys Haven
of America. Foundation as recorded in Clerks File No. 2007017637 of the Official Public Records
of Jefferson County, Texas and the northeast corner of the said 11.200 acre tract from which a
capped iron rod found for the northwest corner of the said 11.200 acre tract bears South
87003'21" West 1004.24 feet (called South 87004'36" West 1003.95 feet),
THENCE South 02052'54" East along.the said west right-of-way line of FM Highway 364 (aka N.
Major Drive) and the east line of the said 11.200 acre tract a distance of 86.28 feet (called South
02'52'54" East) to a point for the POINT OF BEGINNING of the said centerline of the 10' wide
exclusive water line easement;
THENCE along the centerline of the said 10' wide exclusive water line easement with the
following courses and distances:
South 87004'36" West, at a distance of 241.57 feet pass the POINT OF BEGINNING of
TAP.A from which the POINT OF TERMINATION of said TAP A bears South 02'55'24" East
10.00 feet, and continuing a total distance of 544.72 feet to an angle point;
Fittz s3 Shipman, Inc.
Page 1 of 2
Project No. 1302502T4WtrLineEsmt
Plat & Description
1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303
Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100186
EXHIBIT A, PAGE 2 OF 3
South 02055'24" East a distance of 379.20 feet to an angle point;
North 87°04'36" East, at a distance of 303.15 feet pass the POINT OF BEGINNING of
TAP B from which the POINT OF TERMINATION of said TAP B bears North 02055'24" West
33.38 feet, and continuing a total distance of 544.45 feet to a point in the said west right-of-way
line of FM Highway 364 (aka Major Drive) and the said east line of the 11.200 acre tract for the
POINT OF TERMINATION of the said 10' wide exclusive water line easement from which a
capped iron rod found for the southeast corner of the said 11.200 acre tract bears South
02.'52'54" East 20.42 feet (called South 02052'54" East).
This description is based on a survey made by Fittz & Shipman, Inc. on April 22, 2014.
Joe A. Mattox K OF r
Registered Professional Land Surveyor No. 5535
JOE rt. ilti?a1 :Oar
..n............ .....ev .
� SUFVC`A
Fittz & Shipman, Inc.
Page 2 of 2
Project No. 1302502T4WtrLineEsmt
Plat & Description
EXHIBIT "A', PAGE 3 OF 3
I NUMBER
I DIRECTION IDISTANCE
a��F
s -(
11-2
IN 02*55'24" W
133.38
NOW OR FORMERLY
BOYS HAVEN OF AMERICA
FOUNDATION
CLERKS FILE NO. 2007017637, O.P.R.J.C.
FOUND (CALLED 100 ACRES) ,
CAPPED (CALLED S 87-04-36" W IOD3.95)
IRON ROD S 87-03!21" w 1604.24
S 87'04?30' W 544.72
F
Iz
POINT OF
g
BEGINNING
00
1*
BEAUMONT PROVIDENCE, LP
1 10, WIDE
NOW OR FORMERLY IN
CLERKS FILE NO, 2014008926. O.P.R.J.C.
(CALLED 11.200 ACRES)
10' WIDE EXCLUSIVE
WATER LINE
MCNEILL GP, LLC p
CLERKS FILE NO. 2010044439, fl,P.R.J.C. "n up,
—
EXCLUSIVE
WATER LINE EASEMENT
(CALLED 476.635 ACRES) N 0 V)
EASEMENT
z Lo
NATION
TERMINATION
16' WDE
EXCLUSIVE
z
WATER LINE
EASEMENT
N 87*04*36* E 644.45
303.15 _�&$
— — — — — — — — — — — — —
SURVEYOR'S CERTIFICATION:
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF,
THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE
ON THE GROUND UND R My SUPERVISION ON APRIL 22. 2014.
JOE A. MATTOX
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5535
(CALLED S 87*0e36" W 100195)
REMAINDER OF '
PARET INTERESTS, L.L.C.
CLERKS FILE NO. 2010043B51. O.P.R.J.C.
(CALLED TRACT TWO-44.787 ACRES)
COMMENCING
POINT
FOUND 1 1/4-
PINCHED PIPE
FOUND
CAPPED
IRON ROD