Loading...
HomeMy WebLinkAboutRES 15-116RESOLUTION NO. 15-116 WHEREAS, Hamlet Park 2, LP has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 4,105.97 square foot tract out of a 1.0 acre tract, situated in the Frederick Bigner Survey, Abstract No. 1, as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for the construction of new townhomes located at 3995 Crow 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 Hamlet Park 2, LP, being a 4,105.97 square foot tract out of a 1.00 acre tract, situated in the Frederick Bigner Survey, Abstract No. 1, 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 30th day of June, 2015. STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, HAMLET PARK 2, LP, a Texas Limited Partnership, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND N0/100 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 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 part hereof for all purposes (the `Basement 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 ingress 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 IXM�B�.,u� �r business operations on the Grantor's adjacent property and/or Grantor's ingress and egress 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, 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. [Signature Page Follows] EXECUTED this day of 22015. Hamlet Park 2, LP, a Texas Limited Partnership By: HAMLET MANAGEMENT, INC., a Texas Corporation, Its General Partner By: Printed Name: Alan Grassano Title: President ACKNOWLEDGMENT STATE OF FLORIDA X COUNTY OF INDIAN RIVER X This instrument was acknowledged before me on this the day of , 2015, by Alan Grassano, President of Hamlet Management, Inc., general partner of Hamlet Park 2, LP. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2015. Notary Public, State of Texas RETURN TO,: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors E-MAIL ADDRESS INFO@FAUSTENG.COM 2525 Calder Street Beaumont,Texas 77702 Surveying Firm Registration No. 100024-00 Engineering Firm Registration No. 4800 Telephone (409) 813-3410 Fax (409) 813-3484 EXHIBIT A PAGE 1 OF 2 FIELD NOTE DESCRIPTION FOR A 4,105.97 SQUARE FEET, 10 FEET WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF A 1.00 ACRE TRACT F. BIGNER SURVEY, ABSTRACT NO. 1 JEFFERSON COUNTY, TEXAS June 08, 2015 THAT certain 4,105.97 square feet, 10 feet wide exclusive waterline easement out of a 1.00 acre tract out of the F. Bigner Survey, Abstract No. 1, Jefferson County, Texas; said 1.00 acre tract conveyed to Hamlet Park 2, LP, a Texas Limited Partnership, as recorded in County Clerk's File No. 2007045571 of the Real Property Records of Jefferson County, Texas; said 4,105.97 square feet tract being more particularly described by metes and bounds as follows: (BASIS OF BEARINGS IS THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, CONVERGENCE 02°22'21", SCALE FACTOR 0.999956476, NAD 1983) COMMENCING at a concrete monument (disturbed) found on the west right-of- way line of Crow Road, being the southeast corner of a tract conveyed to Hamlet Park, LP, as described in County Clerk's File No. 2003037055 of the Real Property Records of Jefferson County, Texas, and the northeast corner of the said 1.00 acre tract; THENCE South 02°34'38" East (called South) along the west right-of-way line of said Crow Road and the east line of the said 1.00 acre tract, a distance of 29.81 feet to the northeast corner of the said 1.00 acre tract and the POINT OF BEGINNING of the herein described tract; THENCE South 0234'38" East (called South) along the west right-of-way line Crow Road and the east line of the said 1.00 acre tract, a distance of 10.00 feet to the southeast corner of the herein described tract; THENCE South 87°03'45" West, a distance of 408.57 feet to the southwest corner of the herein described tract; 1 Field Note Description THENCE North 0256'15" West, a distance of 10.00 feet to the northwest corner of the herein described tract; THENCE North 87°03'45" East, a distance of 97.77 feet to an angle point in the north line of the herein described tract; THENCE North 02°56'15" West, a distance of 2.00 feet to angle point in the north line of the herein described tract; THENCE North 87°03'45" East, a distance of 10.00 feet to an angle point in the north line of the herein described tract; THENCE South 02°56'15" East, a distance of 2.00 feet to angle point in the north line of the herein described tract; THENCE North 87'03'45" East, a distance of 300.85 feet to the POINT OF BEGINNING and containing 4,105.97 square feet of land, more or less. This description and the accompanying plat were prepared from a Land Title Survey performed under the supervision of Richard F. Faust, P.E.,Registered Professional Land Surveyor No. 4782 on October 23, 2014. - � OF T C40: Richard F. Faust, P.E.-RICHARD R FAUST , Registered Professional Land Surveryor No. 4782 'O 4782 y/�Q SSnO�y� Page 2 NOW OR FORMERLY HAMLET PARK LP OFj 2003037055 ,ARR.P.R. N 87-0395'_ E 462.76' 1/2' 4782 EXHIBIT B PAGE 1 OF 1 TO ACCOMPANY DESCRIP71ON OF A 4105.97 SQUARE FEET BEING A 10 FEET WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF A 1.00 ACRE TRACT F. BIGNER SURVEY, ABSTRACT NO. 1 BEAUMONT, JEFFERSON COUNTY, TEXAS N 87'03'45 . E 300.85' 4105.97 SQ.FT. 10' WIDE EXCLUSIVE WATERLINE EASEMENT COMMENCING POINT FOUND CONC. MONUMENT (DISTURBED) S 02:14'38" E 29.81' y (CALLED SOUTH) POINT OF BEGINNING N vi �7 S 02:14'38" E 10.00' (CALLED SOUTH) C1 o�V FOUND 1/2'J 1 RESAR `I (BASIS OF BEARINGS IS THE 7EXAS STAT PLANE COORDINATE SYS764, SOUTH LEND ZONE, CONVERGENCE 022221, SCALE FACR7R 0.999956476, NAD 1903) v N SCALE 1"= 40' WCIN17Y MAP N TS. ot ,m6j EERlNG ANI? SURVEYING, INC. 2525 CAUER STREET ■ NAIIM4MT. TENS 7770E 44M 813-3410 ■ FAX 54497 813-3424 PWXCr H0. 140058 N 87'03'45" E 10.00 S 02 56'15" E 2.00' N 02'56'15" W 2.00' �2 N 87'03'455' E 87,77' e� zw S 87'03'45" W 408.57' o P O %" a N 0256'15 W 10.00' NOW OR FORMERLY o a w A TEXAS LIMITED PARTNERSHIP CALLED 1.00 ACRES t•o w CLERKS FILE NO. 2007045571 J.GD.R. o S 87'03'45" W 462.76' �z (CALLED S 90'00'00 W 467.009 �i \- b't FOUND 5/8' RE6AR NOW OR FORMERLY NORMANDY TOWNHOMES LLC CF, 1999045213 AC.R.P.R. 4782 EXHIBIT B PAGE 1 OF 1 TO ACCOMPANY DESCRIP71ON OF A 4105.97 SQUARE FEET BEING A 10 FEET WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF A 1.00 ACRE TRACT F. BIGNER SURVEY, ABSTRACT NO. 1 BEAUMONT, JEFFERSON COUNTY, TEXAS N 87'03'45 . E 300.85' 4105.97 SQ.FT. 10' WIDE EXCLUSIVE WATERLINE EASEMENT COMMENCING POINT FOUND CONC. MONUMENT (DISTURBED) S 02:14'38" E 29.81' y (CALLED SOUTH) POINT OF BEGINNING N vi �7 S 02:14'38" E 10.00' (CALLED SOUTH) C1 o�V FOUND 1/2'J 1 RESAR `I (BASIS OF BEARINGS IS THE 7EXAS STAT PLANE COORDINATE SYS764, SOUTH LEND ZONE, CONVERGENCE 022221, SCALE FACR7R 0.999956476, NAD 1903) v N SCALE 1"= 40' WCIN17Y MAP N TS. ot ,m6j EERlNG ANI? SURVEYING, INC. 2525 CAUER STREET ■ NAIIM4MT. TENS 7770E 44M 813-3410 ■ FAX 54497 813-3424 PWXCr H0. 140058 7 PGS 2015022754 STATE OF TEXAS X KNOW ALI, MEN BY THESE PRESENTS: COUNTY OF 313FFERSON X WATER LINE EASEMENT THAT, HAMLET PARK 2, LP, a Texas Limited Partnership, hereinafter called "GRANTOR", whether one or more, Ibr and in consideration of the sum of ONE AND NOf 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, R. 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 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 Imes 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 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 14PZ-Waodw Zam.),o business operations on the Grantor's adjacent property and/or Grantor's ingress and egress 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, 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 "I'ernnitted 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 rigbt-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] r 1 EXECUTED this day of , 2015. GRANTOR: I-Iamlet Park 2, LI', a Texas Limited Partnership ]3y: HAY45E5C' vIAGEMENT, INC., Texas Corporalion, Its General Partner ACKNOWLEDGMENT STATE OF FLORIDA X COUNTY OF INDIAN RIVER X This instrument was acknowledged before me on this the _� day of Zl 2015, by AIan Grassano, President of Hamlet Management, Inc., general partner of Ham et Park 2, LP. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this d. day of Sul, 2015. RETURN TO: City of Beaumont Antoinette Hardy - Engineering P_ O_ Box 3827 Beaumont, TX 77704 Public, State off FLurd" JASON ROEGNER Notary ",jbhc State of Florida My Cor--!i: expires S=: ?s 2018 �'•;�����;o�' Commission # FF 163622 FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors Telephone (409) $13-2410 E-MAIL ADDRESS INFO@FAUSTENG.COM Fax (409) 813-3484 2525 Calder Street Beaumont, Texas 77702 Surveying Firm Registration No.100024-00 Engineering Firm Registration No. 4800 EXHIBIT A PAGE 1 OF 2 FIELD NOTE DESCRIPTION FOR A 4,105.97 SQUARE FEET, 10 FEET WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF A 1.00 ACRE TRACT F. BIGNER SURVEY, ABSTRACT NO.1 JEFFERSON COUNTY, TEXAS June 08, 2015 THAT certain 4,105.97 square feet, 10 feet wide exclusive waterline easement out of a 1.00 acre tract out of the F. Bigner Survey, Abstract No. 1, Jefferson County, Texas; said 1.00 acre tract conveyed to Hamlet Park 2, LP, a Texas Limited Partnership, as recorded in County Clerk's File No. 2007045571 of the Real Property Records of Jefferson County, Texas; said 4,105.97 square feet tract being more particularly described by metes and bounds as follows: (BASIS OF BEARINGS IS THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, CONVERGENCE 02-22'21", SCALE FACTOR 0.999956476, NAD 1983) COMMENCING at a concrete monument (disturbed) found on the west right-of- way line of Crow Road, being the southeast corner of a tract conveyed to Hamlet Park, LP, as described in County Clerk`s File No. 2003037055 of the Real Property Records of Jefferson County, Texas, and the northeast corner of the said 1.00 acre tract; THENCE South 02'34'38" East (called South) along the west right-of-way line of said Crow Road and the east line of the said 1.00 acre tract, a distance of 29.81 feet to the northeast corner of the said 1.00 acre tract and the POINT OF BEGINNING of the herein described tract; THENCE South 02"34'38". East (called South) along the west right-of-way line Crow Road and the east lisle of the said 1.00 acre tract, a distance of 10.00 feet to the southeast corner of the herein described tract; THENCE South 87'03'45" West, a distance of 408.57 feet to the southwest corner of the herein described tract; Field Note Description THENCE North 02°56'15" West, a distance of 10.00 feet to'the northwest corner of the herein described tract; THENCE North 87°03'45" East, a distance of 97.77 feet to an angle point in the north tine of the herein described tract; THENCE North 02"56'15" West, a distance of 2.00 feet to angle point in the north line of the herein described tract; THENCE North 87'03'45" East, a distance of 10.00 feet to an angle point in the north line of the herein described tract; THENCE South 02°56'15" East, a distance of 2.00 feet to angle point in the north line of the herein described tract; THENCE North SM3'45" East, a distance of 300.85 feet to the POINT OF BEGINNING and containing 4,105.97 square feet of land, more or less. This description and the accompanying plat were prepared from a Land Title Survey performed under the supervision of Richard F. Faust, P.E.,Registered Professional Land Surveyor No. 4782 on October 23, 2014. OF Richard F. Faust, P.E. f�CMD F. FAUST Registered Professional Land Surveryor No. 4782 �' „_ `1,12 Page 2 �9�6-CI8 l60h %VJ x Oth6ti8 i8DS3 2UGL( SOG-I 2N�xI3436 x 133KLC VMVO sm au�'�lai�,anans a� �n,�a�arsi�t�3 5Y N dVH WN101A k Ot �137k�5 oaw„ ua�ut N (P861 QYN 9091;66660 MOW 37vos :16,LLv'o-VN3vY34NO,7 3NOZ 7v?L1N37 mnos 9Y IVS 31YN19400 mvis sbN3Llj 3H1 sl s0N1MY3S. o s15v9J y MY&3M 3 r.z/1 oNnoj _, a Q +u _ Wnos .00 01 „g£,PT-t0 s s qy 0N1NN103H d0 m0d (Htnos arm) CS 19'6� 3 „91 <*£Zo s LNP 3Y#7K ONO ONnCU .GV10d 0N10N3WPf00 swm vNfm NOSM3d:m uNOWnvm 1 *ON .t7t+ SW R-:AY/M ASNUR V d0YM1 210Y 0011 v 1N31N3Sv3 3NIUM vM 3Aisn7OX3 30M J-939 0l Y MSG 133.E 32lvnbs L6501* v .40 WildrdOS30AMW000Y 01 1 d0 13sYd 9119MY .M.d'M*Dri vX0066% 6v'0 AION�N A3783W� so } (',9Ll Ma OniC Zi? ?!'0'07' tL5a601a0i 'tiN 37tj S.31M370 53MdY 001 0377VO dlHS43N1MYd 03111Yff SVAM v 21'7 C 3MVd I37WYH 1N3ri'3Sv3 3Nnu31vM A7tl3Wt14d 210 AOR ,-Pvs F7ox3 x/m ,01 1dY7S C6'501� t9 $flip M 9¢',£O.LB 5 ,5B.000 3 „9*,£Od9 N 00'd 3 ,9L.95 ZO S oo'cas 3.oa.oaoLm�'RN�} 9L'69� 3 „9r, •M'd•a'0r S50LfltF'006' ltj9 � d7 3Rtvd IM)YYN A7M3WM0d M0 AEON 00—W000l 9ZI, ON YOA-IMU S ,0001 M 91,99-60 N ,LL"L6 3 „9v.Yv.c2s ,00'Z' M .,91,99900 N .00-01 3 „;*.£O.L9 N ava33d ,z/c mod