HomeMy WebLinkAboutRES 16-021RESOLUTION NO. 16-021
WHEREAS, Parkdale Mall CMBS, LLC has agreed to convey a right-of-way
easement, said easement being a 0.326 acre tract situated in and being a part of the F.
Bigner Survey, Abstract No. 1, as described and shown in Exhibit "1," attached hereto,
and a temporary construction easement, said easement being a 1.440 acre tract, as
described and shown in Exhibit "2," attached hereto, to the City of Beaumont for the
Northwest Parkway Project; and,
WHEREAS, the City Council has considered the purpose of said conveyances
and is of the opinion that the acceptance of said conveyances are 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 a right-of-way easement conveyed by Parkdale Mall CMBS, LLC, being a
0.326 acre tract situated in and being a part of the F. Bigner Survey, Abstract No. 1, as
described and shown in Exhibit "1," attached hereto, and a temporary construction
easement conveyed by Parkdale Mall CMBS, LLC, being a 1.440 acre tract, as
described and shown in Exhibit "2," attached hereto, be and the same are hereby, in all
things, accepted for the stated purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
February, 2016. rlow
sXNyyorlbecky A es -
STATE OF TEXAS X
COUNTY OF JEFFERSON X
KNOW ALL MEN BY THESE PRESENTS:
RIGHT OF WAY EASEMENT
THAT, PARKDALE MALL CMBS, LLC, a Delaware limited liability company, the
County of Hamilton, State of Tennessee, 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 and provided 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, an easement for street right of way purposes with the exclusive right of
laying out, opening, constructing, operating, maintaining and reconstructing a street facility
thereon, together with necessary incidentals and appurtenances thereto, in, along, upon and
across the tract or parcel of land owned by GRANTORS situated in Jefferson County, Texas,
more particularly described in Exhibit "A" which is attached hereto and incorporated herein for
any and all purposes ("Easement").
The Easement shall be used for the purpose of constructing street facilities and
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.
Prepared 11-24-2015
EXHIBIT 1"
In further considerationt, the City of Beaumont expressly agrees to make such
improvements described in Rider which is attached hereto and incorporated herein pursuant to
the Plans for any and all purposes. Upon completion of the improvements, GRANTEE will
assume future maintenance responsibilities.
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 6 2015.
GRANTOR:
PARI<DALE MALL CMBS, LLC,
a- Delaware limited partnership
By: ' CBL & Associates Limited Partnership, a Delaware limited partnership,
its chief manager
By: CBL Holdings I, Inc., a Delaware corporation,
is general partner
By: �
Prin d ame: J@NAryV. Curry
Title:
Uhief Legal Officer Legal
{INTENTIONALLY LEFT BLANK}
STATE OF TENNESSEE
COUNTY OF HAMILTON
ACKNOWLEDGMENT
X
//
BEFORE ME, the undersigned authority, on this day personally appeared
lal;eryV. Curry asof CBL HOLDINGS I, INC., a
Delaware corporation, general partner of CBL & ASSOCIATES LIMITED .PARTNERSHIP, a
Delaware`limited partnership, chief manager of PARKDALE MALL CMBS, LLC, 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 PARKDALE MALL CMBS, LLC
for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this M day of. 2015.
My Commission Expires 2 -10 - 2018
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P.O. Box 3827
Beaumont, TX 77704
Prepared 11-24-2015
Notary Public, State of Tennessee
H1111011
Notwithstanding anything to the contrary contained in the Right of Way Easement ("Easement") to
which this Rider is attached, the following provisions are hereby added to the Easement and
incorporated therein. In case of any inconsistency or discrepancy between this Rider and the Easement,
the specific terms and provisions of this Rider shall control.
Use. The Easement shall only be used for the specific purposes stated in the Easement and no other
purpose whatsoever without Grantor's express written consent, which may be withheld in Grantor's
sole and absolute discretion. Grantee agrees that it will ensure that the entrance to the road and
Easement shall remain open at all times and that Grantor shall have access over such road to access
Grantor's property. In no event shall Grantee close the areas connecting the road or other facilities to
Grantor's property except temporarily in an emergency situation and thereafter Grantee shall use
diligent efforts to reopen such entrance.
Underground Utilities Only. If the Easement permits Grantee to install utility lines, such utility lines and
related improvements shall be located underground, except for incidental above -ground equipment
(such as electrical transformers) not exceeding 4' in height.
Approval of Location and Specifications. The term "facilities" shall include the road referenced in the
Easement and any other facilities related thereto or otherwise contemplated in the Easement
("Facilities"). Prior to the installation or modification of any equipment or facilities by Grantee in the
Easement, Grantee shall obtain Grantor's prior written approval of the specific location and all other
specifications of the facilities. Grantee shall provide reasonably detailed plans and drawings to Grantor
and shall obtain Grantor's prior written approval of such plans and drawings for the initial Facilities and
any modifications made thereto. Grantee shall provide Grantor with a set of as -built drawings at the
time of completion of Grantee's installation, provided, however, that Grantee shall have no obligation to
supply as -built drawings of facilities installed by Grantor's contactor(s). As part of the approval process,
Grantee shall provide Grantor reasonable information related to the Facilities for Grantor's approval,
including but not limited to lighting, grading plans, the construction schedule and phasing plans and the
staging plans for any construction or modification to the Facilities as well as any other information
requested by Grantor. Grantor reserves the right to approve the location and width of all curb cuts, if
any and vehicular access shall be limited to the locations designated for such access by Grantor. All
work by Grantee shall be performed in a good and workmanlike manner, lien free and in accordance
with all laws and sound construction practice. All references to facilities or easements in this Rider shall
include, but not be limited to, the road contemplated under this Easement and Rider. All modifications
to the Facilities are subject to the prior written approval of Grantor.
Grantor's Reservation. Grantor herby reserves the right (i) to relocate, at its sole cost and expense, all
or any part of the Easement and Grantee's equipment and facilities therein, (ii) to use any surface or
subsurface areas within the Easement, and to grant additional easements within the Easement,
provided such use and grants do not substantially interfere with Grantee's use of the Easement, and (iii)
to construct improvements on the surface of the Easement such as landscaping, paving, curbs, and
Prepared 11-24-2015
gutters and (iv) to install, maintain and replace signage and all utilities servicing such signage, including
but not limited to electricity.
Maintenance; Restoration. Grantee agrees (i) that Grantee shall, at Grantee's expense, restore the
surface of the Easement (as the same may have been improved) to the same condition as existed prior
to any construction or actions by Grantee which alter the surface area: (ii) that any work within the
Easement shall be performed by Grantee in an expeditious manner consistent with accepted
construction practices so as to minimize interference with Grantor's operations on the Easement and
adjacent property; and (iii) that Grantee, in the exercise of its rights hereunder, shall use its best efforts
not to block or in any way obstruct the use of parking lots, driveways, roads or other points of access
abutting or located in or adjacent to the Easement. Grantee shall maintain the facilities in a well-
maintained, safe, and clean condition.
Insurance. During construction period, Grantee agrees its general contractor shall carry commercially
reasonable insurance and shall provide Grantor with a copy of such insurance policy and/or certificate of
such insurance satisfactory to Grantor prior to the commencement of any work. [The City of Beaumont
is a self-insured governmental entity as it pertains to city liability.]
Grant Subject to Prior Matters. The Easement is conveyed subject to any and all matters of record and
right of others with respect to the Easement (the "Prior Matters"), and Grantee agrees to abide by the
terms of the Prior Matters.
Assignment. The Easement shall not be assigned, sold, transferred, or otherwise conveyed to any other
person or entity other than the original named Grantee without Grantor's prior written consent, which
may be withheld in Grantor's sole and absolute discretion.
No Construction Period. Grantee agrees that no construction activities, other than emergency
maintenance and repair, shall be conducted by Grantee within the Easement between November 1 and
the following January 15 of any year, without the prior written consent of Grantor.
Additional Requirements: Grantee shall ensure that the facilities be properly graded to provide positive
drainage to the retention/detention area (if required) or storm sewer lines that have been sized to
receive storm water discharge. All necessary erosion control methods shall be utilized by Grantee and
existing drainage shall not be altered except with the prior written consent of Grantor. Grantee shall
not have the right to place any signs in the Easement without Grantor's prior written consent; such
consent shall not be unreasonably withheld. Prior to starting any operations in the Easement, Grantee
shall supply Grantor's personnel on site with the name and phone number of the field superintendent.
Grantor will provide written verification upon receipt of this information, at which time Grantee or its
contractor may commence its activities. Construction hazard areas of and around the construction site
must be clearly marked and barricaded from non -construction pedestrian and vehicular traffic.
Construction materials and equipment shall be kept within the Easement. Any on-site construction dirt
and debris must be stored and screened from view or removed from the Easement daily and the
Easement shall be kept broom cleaned. Once construction of the facilities has begun, it should be
diligently pursued to its finish and shall not be left incomplete.
Prepared 11-24-2015
Enforcement. In the event of a violation or attempted violation of the foregoing, the partner to this
easement may prosecute any proceedings at law or in equity to enjoin "such violation and to recover
damages for such violation, including reasonably attorneys' fees.
GRANTOR: PARKDALE MALL CMBS, LLC,
a Delaware limited partnership
By: CBL & Associates Limited Partnership, a Delaware limited partnership,
its chief manager
By: CBL Holdings I, Inc., a Delaware corporation,
its general partner
By. - -
Prin am j0ffGSrYV c ime
Tit
GRANTEE: City of Beaumont
Kyle Hayes
Title: City Manager
Prepared 11-24-2015
ACKNOWLEDGMENT
STATE .OF TENNESSEE X
COUNTY OF HAMILTON X
BEFORE SME, the undersigned authority, on this day personally appeared
V,CUil f as r of CBL HOLDINGS I, INC. a Delaware
corporation, general partner of CBL & ASSOCIATtS LIMITED PARTNERSHIP, a Delaware limited
partnership, chief manager of PARI,,DALE MALL CMBS, LLC, (mown 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 PARKDALE MALL CMBS, LLC for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this I day of , 2015.
Notar �Put�l66tate of Tennessee $� I�' O
My Commission Expires 2 - zUU
TENNESSEE
WARY
s
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this day of '2015, by Kyle
Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said City of
Beaumont.
Notary Public, State of Texas
RETURN TO: CITY OF BEAUMONT
Antoinette Hardy
P. O. Box 3827
Beaumont, TX 77704
Prepared 1 ] -24-2015
a•
r)(NISIT A
AWC-Iww&�mw
ARCENEAUX WILSON & COLE LLC
Engineering • Survey#ng • Platning
PROPERTY DESCRIPTION OF PARCEL 10
METES AND BOUNDS DESCRIPTION OF
0.326 ACRE OF LAND
SITUATED IN AND BEING A PART OF THE
FREDERICK BIGNER SURVEY, ABSTRACT NO.1
JEFFERSON COUNTY, TEXAS
Being a 0.326 acre tract or parcel of land, a portion of that certain tract of land (called "126.52
acres") known as Parkdale, Mall Addition to the City of Beaumont, Texas, the Plat of which is of
record in Volume 14, Page 245 of the Map Records of Jefferson County, Texas and situated in
and being a part of the Frederick Bigner Survey, Abstract No. 1 of Jefferson County, Texas and
being more particularly described by metes and bounds as follows:
FOR LOCATIVE PURPOSES, commence at concrete monument with disc marked "C.A.
Kohler" found located on the Northerly line of Dowlen Road, a 100 Feet wide public dedicated
Right -of -Way described in that certain instrument ofrecord in Volume 1711, Page 47 of the Real
Property Records of Jefferson County, Texas for the Southeast corner of that certain tract of land
(called "46.70 acres") tract of land described in that certain instrument to LaTex Investors, LP in
Clerk's File No. 2001041210 of the Official Public Records of Jefferson County, Texas and the
Southwest corner of the said Parkdale Mall Addition;
THENCE North 03 deg. 06 mita. 54 see. West along and with the East line of said "46.70 acres"
tract of land and the West line of said Parkdale Mall Addition a total distance of 1566.54 feet to a
'/a" steel rod with cap marked "AW&C, LLC" set for the Southwest corner and PLACE OF
.BEGINNING of the herein described tract of land;
THENCE continuing North 03 deg. 06 min, 54 sec. West along and with the said East line of
said "46.70 acres" tract of land and the West line of Parkdale Mall Addition a total distance of
156.00 feet to a %Z" steel rod with cap marked "AW&C, LLC" set for the Noithwest corner of the
herein described tract of land;
THE, North 86 deg. 53 min. 06 sec. East a total distance of 91.00 feet to a 1/2" steel rod with
cap marked "AW&C, LLC" set for the Northeast coiner of the herein described tract of land;
THENCE South 03 deg. 06 min. 54 sec. East 'a total distance of 156.00 feet to a'/2" steel rod
with cap marked "AW&C, LLC" set for the Southeast corner of the herein described tract of
land;
(409) 724-7888 - 2901 Turtle Creek Drive - Suite $20 - Port Arthur, Texas 77642
www.aweeng.com
W
BagineerrnyAC SurU;ylny
Planning
THENCE South 86 deg, 53 min, 06 sec. West a total distance of 91.00 feet returning back to the
PLACE OF BEGINNING of the herein described tract of land and containing 0,326 acre of
land, more or less.
Notes:
Bearings, distances and coordinates referenced to the Texas State Plane Coordinate System,
South Central Zone (4204), NAD 83, Crud scale factor: 0.999958339.
See accompanying Plat.
��Or!Y
0' UTILITY EASEMENTTOI OF BEAUMONT I
VOL. 2396, PG. 41
D,R.J,C.
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Arconeaux Wllaon & Coley-------
AW C Surveying
Planning
2901 Turtle Creak Drive Sluile 320• Pod Arllwr, Tx 77842
Ofnce: 409-724-7888• FW 400-724-1447. www.awceng.com
TEXAS REGISTERED ENGINEERING FIRM 16194
TEXAS LICENSED SURVEYING FIRM 10194049
80'ACCESS EASEMENT
TO APSHV INVESTMENT
CF# 20070161461
O.P,R.J.C.
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PARCEL 10
0.326 Ac,
If O
PARKDALE MALL ADDITION
"126.62 AC."
09/1411980
VOL. 14, PG, 245
M,R.J,C. �r
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LEG,EN D
A FOUND CORNER
• SET 1/2" STEEL ROD W/CAP
MARKED "AW&C, LLC"
POB POINT OF BEGINUNG
POO POINT OF COMMENCEMENT
POC
I KOHLER"
MON.
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PARCEL PLAT PAGE
PARCEL10 1
NORTHWEST PARKWAY OF
BEAUMONT, JEFFERSON COUNTY, TX 2
DATE: 11-10-2015 SCALL: SHOWN
PROJ. No.:. CAI -040 DESIGN:
DRAWN: BJ6
CHECKED: EJV
Parcel Line Table
Line #
Length
Direction
L1
156.00'
NO3' 06' 54"W
L2
91.00'
N86' 53' 08"E
L3
156.00'
S03' 06' 54"E
L4
91.00'
S86' 53' 06"W
NOTES:
COORDINATES, BEARINGS AND DISTANCES REFERENCED
TO THE TEXAS STATE PLANE COORDINATE SYSTEM,
SOUTH CENTRAL TONE, (4204) NAD 83.
GRID SCALE: 0.999958339
I, E, JAMES VERRETT, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1781 IN
tE OFF Tfk THE STATE OF TEXAS, DO HEREBY CERTIFY THAT THE ABOVE PLAT CORRECTLY
h1 4,'1 3'' ?- V REFLECTS AN ACTUAL SURVEY MAGE ON THE GROUND UNDER MY SUPERVISION
;P�- AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE LIMITS, BOUNDARIES AND
...G.:... .... T.•........CORNERS ARE TRULY SHOWN JUST AS FOUND AT THE TIME OF THIS SURVEY.
�. JJl�AlxS VLA#�Ei1`
��..... fiQ4..����f►`� SEE ACCOMPANYING DESCRIPTION,
�,,`���o GIVEN UNDER MY HAND SEAL THIS THE LP -AY OFLYiyrpf , 2015.
' SUaV �RP--
E. �)g VERRETT, L- N0. 761
PARCEL PLAT PAGE
rA oe eeux Wilson a Gole-- - - - - -- PARGEL10 2
AW-C
Rlanydng
ur ieying g
Surveying NORTHWEST PARKWAY of
2901 Turtle CreekDrlve StWte 320. Part AWwr,Tx 77842 BEAUMONT, JEFFERSON COUNTY, TX
OII1ce:409-724-7888 • Fax: 409.7241447 www.amemcam
TEXAS REGISTERED ENGINEERING FIRM 16`194 DATE: 11-10-2015 SCALE: SHOWN DRAWN: BJB
TEXAS LICENSED SURVEYING FIRM 10194049 PROJ. No.: CAI -040 DESIGN: CHECKED, EJV
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
TEMPORARY CONSTRUCTION EASEMENT
That, PARKDALE MALL CMBS, LLC, a Delaware limited liability company, the
County of Hamilton, State of Tennessee, hereinafter called "GRANTOR", whether one or more,
for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLAR, 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, have GRANTED, SOLD and
CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF
BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors
and assigns, a temporary construction easement being a 1.440 acre tract on the hereinafter
described lands which said easement is under, over, in and across lands which the undersigned
owns or in which the undersigned has an interest, situated in the County of Jefferson, State of
Texas, shown in Exhibit "A" attached hereto and made a part hereof for all purposes.
The temporary construction easement shall be considered null and void upon the
completion of construction of the improvements.
The easement herein granted shall be used for the purpose of placing, constructing,
replacing, removing and relocating curbs and restriping parking lot (as outlined in Exhibit "A"),
(the "Work") subject at all times to the following conditions:
(a) Grantee shall observe all applicable laws and, to the extent provided or
made know to Grantee, all policies, procedures, protocols and instructions of
Prepared: 11-24-2015
EXHIBIT "2"
Grantor respecting safety, the environment and Grantor's operations while
performing the Work and while on Grantor's lands;
(b) Grantee shall perform the Work and exercise its rights hereunder in such a
manner as to eliminate or minimize interference with the operations of Grantor's
operations;
(c) Should the performance of the Work require Grantor to affect Grantor's
operations, Grantee shall provide Grantor with as much prior notice as is
practicable under the circumstances. Such notice shall be provided in writing to
the attention of Grantor at least seven (7) business days prior to any Work and if it
is impossible to provide written notice two (2) business days verbal notice to the
Grantor shall be sufficient and if it is impossible to provide said prior notice, as
much notice as practicable under the circumstances shall be provided;
(d) Grantee shall be fully responsible for moving all equipment (including
temporary offices, trailers, spare parts, etc.) and other items located on the land
necessary to perform the Work from the area over the temporary easement to a
location or locations designated by Grantor;
(e) Grantee shall provide evidence satisfactory of its self-insurance and
Grantee shall ensure that any contractors going on Grantor's lands have the
following insurance:
(1) Commercial General Liability Insurance with limits of not less than
$1,000,000 on an Occurrence Basis, naming Grantor as an Additional Insured.
Prepared: 11-24-2015
(2) Automobile Liability Insurance with limits of not less than
$1,000,000 ether through Primary or Excess/Umbrella coverage.
(3) Statutory Workers Compensation Insurance with Employers
Liability with limits of not less than $500,000.
(4) Evidence of Insurance to be provided with an obligation from
insurers to provide 30 days advance notice of cancellation to Grantor.
It is expressly understood and agreed that the Grantee shall have the right of ingress to
and egress from the tract of land hereinbefore described in Exhibit "A" for the purposes of and
during the temporary period of construction as aforesaid described.
SEE ATTACHED RIDER
TO HAVE AND TO HOLD the above described easement unto the said CITY OF
BEAUMONT, its successors and assigns.
EXECUTED thisVMdayof0� 2015.
GRANTOR:
PAMMALE MALL CMBS, LLC,
a Delaware limited partnership
By: CBL & Associates Limited Partnership, a Delaware limited partnership,
its chief manager
By: CBL Holdings I, Inc., a Delaware corporation,
i general partner
By:
ame; 'd@fferyV. Curry
tle:. Chief Legal Officer
Prepared: 11-24-2015
ACKNOWLEDGMENT
STATE OF TENNESSEE X
COUNTY OF HAMILTON X
BEFORE ME, the undersigned authority, on this day personally appeared
,w"ery,of CBL HOLDINGS I, INC.,
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 PARKDALE MALL CMBS,
LLC for the purposes and consideration therein expressed and in the capacity therein stated. �st��aaated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this J&day of 2015.
e of
My Commission Expires 2 -10 - 2018 Notary Public, Stat�
RETURN TO:
City of Beaumont
Antoinette Hardy
P. 0. Box 3827
Beaumont, TX 77704
Prepared: 11-24-2015
'STA� ��
OF
i? TENNESSEc
. WTXRY
N
RIDER
Notwithstanding anything to the contrary contained in the Right of Way Easement ("Easement")
to which this Rider is attached, the following provisions are hereby added to the Easement and
incorporated therein. In case of any inconsistency or discrepancy between this Rider and the
Easement, the specific terms and provisions of this Rider shall control.
Use. The Easement shall only be used for the specific purposes stated in the Easement and
no other purpose whatsoever without Grantor's express written consent, which may be withheld
in Grantor's sole and absolute discretion. Grantee agrees that it will ensure that the entrance to
the road and Easement shall remain open at all times and that Grantor shall have access over
such road to access Grantor's property. In no event shall Grantee close the areas connecting the
road or other facilities to Grantor's property except temporarily in an emergency situation and
thereafter Grantee shall use diligent efforts to reopen such entrance.
Grantor's Reservation. Grantor herby reserves the right (i) to relocate, at its sole cost and
expense, all or any part of the Easement and Grantee's equipment and facilities therein, (ii) to
use any surface or subsurface areas within the Easement, and to grant additional easements
within the Easement, provided such use and grants do not substantially interfere with Grantee's
use of the Easement, and (iii) to construct improvements on the surface of the Easement such as
landscaping, paving, curbs, and gutters and (iv) to install, maintain and replace signage and all
utilities servicing such signage, including but not limited to electricity.
Maintenance; Restoration. Grantee agrees (i) that Grantee shall, at Grantee's expense, restore
the surface of the Easement (as the same may have been improved) to the same condition as
existed prior to any construction or actions by Grantee which alter the surface area: (ii) that any
work within the Easement shall be performed by Grantee in an expeditious manner consistent
with accepted construction practices so as to minimize interference with Grantor's operations on
the Easement and adjacent property; and (iii) that Grantee, in the exercise of its rights hereunder,
shall use its best efforts not to block or in any way obstruct the use of parking lots, driveways,
roads or other points of access abutting or located in or adjacent to the Easement. Grantee shall
maintain the facilities in a well-maintained, safe, and clean condition.
Insurance. During construction period, Grantee agrees its general contractor shall carry
commercially reasonable insurance and shall provide Grantor with a copy of such insurance
policy and/or certificate of such insurance satisfactory to Grantor prior to the commencement of
Prepared: 11-24-2015
any work. [The City of Beaumont is a self-insured governmental entity as it pertains to city
liability.]
Grant Subject to Prior Matters. The Easement is conveyed subject to any and all matters of
record and right of others with respect to the Easement (the "Prior Matters"), and Grantee agrees
to abide by the terms of the Prior Matters.
Assignment. The Easement shall not be assigned, sold, transferred, or otherwise conveyed to
any other person or entity other than the original named Grantee without Grantor's prior written
consent, which may be withheld in Grantor's sole and absolute discretion.
No Construction Period. Grantee agrees that no construction activities, other than emergency
maintenance and repair, shall be conducted by Grantee within the Easement between November
1 and.the following January 15 of any year, without the prior written consent of Grantor.
Enforcement. In the event of a violation or attempted violation of the foregoing, the partner to
this easement may prosecute any proceedings at law or in equity to enjoin such violation and to
recover damages for such violation, including reasonably attorneys' fees.
GRANTOR: PARKDALE MALL CMBS, LLC,
a Delaware limited partnership
By: CBL & Associates Limited Partnership, a Delaware limited partnership,
its chief manager
By: CBL Holdings I, Inc., a Delaware corporation,
it general partner
By:
0,14
Print e: f e Um
TitChief LOW Officer T
fi
Line
GRANTEE: City of Beaumont
Kyle Hayes
Title: City Manager
Prepared: 11-24-2015
ACKNOWLEDGMENT
STATE OF TENNESSEE X
COUNTY OF HAMILTON X
$EO the undersigned authori� on this day personally appeared
jef1ery C as "'n4 Poal O Or of CBL HOLDINGS I, INC., a
Delaware corporation, general partner of CBL & ASSOCIATES LIMITED PARTNERSHIP, a
Delaware limited partnership, chief manager of PARKDALE MALL CMBS, LLC, 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 PARKDALE MALL CMBS; LLC
for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this -ktday ofULa(15.
A.e••ye�.•r ''O
of
I
N1 Com�i
My
`fig 'T
STATE OF TEXAS X ' " z ro
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this day of '2015, .
by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of
said City of Beaumont.
RETURN TO: CITY OF BEAUMONT
Antoinette Hardy
P. O. Box 3827
Beaumont, TX 77704
Prepared: 11-24-2015
Notary Public, State of Texas
TOTAL PARKING SPACES BEFORE=524
i LIMITS OF EASEMENT '�
(0.326 ACRES)
J
I
1,1N0 J,1N0
TOTAL PARKING SPACES AE
I ADDITIONAL SPACES ADDED- 39 39
SPACES REMOVED- 60
®LIMITS "ONLY" TO BEI
MAINTAINED BY CITY FORCES
, .,. _..-_ .. - - -
-. REMAINING PARKING SPACE RATIO=
—^ "' - Y --- 503/524 96%
(0.269 ACRES) ,.. ....-..... ...,.. .....^.
.- ..
_..
------• LIMITS OF TEMPORARY
CONSTRUCTION EASEMENT
(1.440 ACRES)
121'
— _ _ - _ -
145'
TEMPORARY CONSTRUC 7 ION EASEMENT
TEMPORARY CONSTRUCTION EASEMENT — — -- - — —
I
<=
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PARKDALE MALL LOOP
DRAINAGE CUT
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u"RUCTION
EASEMENT
-- -— - — - — -—--------- OAEMENT
— — — — — — — — — — ----
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TX REG 70703
FOR REVIEW ONLY
'.•.ti
. '' i
,"'•,....f ..
`. NOT FOR BIDDING.
I` PERMITS. OR
CON57RUC710N
`^u,
H
• TEMPORARY CONSTRUCTION EASEMENT
�.,�0
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p
y
CONSTRUCT RAISED ISLANDS
0
ANO`RESTRIPE PARKING LOT
� c
Chita& Associates, Inc.
TEMPORARY CONSTRUCTION EASET.'¢F1T,i
-
PiiUOY) •'-L± Fu:IWYI!]SBlta
EXHIBIT A u PLAN VIEW
I
(REVISED JANUARY 5, 2016)�
o Is• so• PARKDALE MALL
�\ ''
SCALE I I I ISLAND LAYOUT
s
��pgl�y�n12 ��� t�l6d6i��i
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YW IY 1
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
THAT, PARKDALE MALL CMBS, LLC, a Delaware limited liability company, the
County of Hamilton, State of Tennessee, 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 and provided 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, an easement for street right of way purposes with the exclusive right of
laying out, opening, constructing, operating, maintaining and reconstructing a street facility
thereon, together with necessary incidentals and appurtenances thereto, in, along, upon and
across the tract or parcel of land owned by GRANTORS situated in Jefferson County, Texas,
more particularly described in Exhibit "A" which is attached hereto and incorporated herein for
any and all purposes ("Easement").
The Easement shall be used for the purpose of constructing street facilities and
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 4 law
Prepared 11-24-2015
In further considerationt, the City of Beaumont expressly agrees to make such
improvements described in Rider which is attached hereto and incorporated herein pursuant to
the Plans for any and all purposes. Upon completion of the improvements, GRANTEE will
assume future maintenance responsibilities.
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 �fl� day of no 2015.
GRANTOR:
PARKDALE MALL CMBS, LLC,
a Delaware limited partnership
By: * CBL & Associates Limited Partnership, a Delaware limited partnership,
its chief manager
By: CBL Holdings I, Inc., a Delaware corporation,
` .
is general tner. par
By:
Prin d ame: ffy
Title: Unlet Lep Officer �Legal
{INTENTIONALLY LEFT BLANK}
STATE OF TENNESSEE
COUNTY OF HAMILTON
ACKNOWLEDGMENT
X
X
BEFORE , the undersigned authority, on this day personally appeared
Jef;eryV. urry as -.�.rg -�RI CR." ran r of CBL HOLDINGS I, INC., a
Delaware corporation, general partner of L &-ASSOCIATES LIMITED. PARTNERSHIP, a
Delaware`limited partnership, chief manager of PARKDALE MALL CMES, 'LLC, 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 PARKDALE MALL CMBS, LLC
for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of Uo"..,2015.
My Commission Expires 2 -10 - 2018
Notary Public, State of Tennessee
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P.O. Box 3827
Beaumont, TX 77704
r OF . ,
TFNN,� E
a
AFW
PUBLIC-...
Prepared 11-24-2015
RIDER
Notwithstanding anything to the contrary contained in the Right of Way Easement ("Easement") to
which this Rider is attached, the following provisions are hereby added to the Easement and
incorporated therein. In case of any inconsistency or discrepancy between this Rider and the Easement,
the specific terms and provisions of this Rider shall control.
Use. The Easement shall only be used for the specific purposes stated in the Easement and no other
purpose whatsoever without Grantor's express written consent, which may be withheld in Grantor's
sole and absolute discretion. Grantee agrees that it will ensure that the entrance to the road and
Easement shall remain open at all times and that Grantor shall have access over such road to access
Grantor's property. In no event shall Grantee close the areas connecting the road or other facilities to
Grantor's property except temporarily in an emergency situation and thereafter Grantee shall use
diligent efforts to reopen such entrance.
Underground Utilities Only. If the Easement permits Grantee to install utility lines, such utility lines and
related improvements shall be located underground, except for incidental above -ground equipment
(such as electrical transformers) not exceeding 4' in height.
Approval of Location and Specifications. The term "facilities" shall include the road referenced in the
Easement and any other facilities related thereto or otherwise contemplated in the Easement
("Facilities"). Prior to the installation or modification of any equipment or facilities by Grantee in the
Easement, Grantee shall obtain Grantor's prior written approval of the specific location and all other
specifications of the facilities. Grantee shall provide reasonably detailed plans and drawings to Grantor
and shall obtain Grantor's prior written approval of such plans and drawings for the initial Facilities and
any modifications made thereto. Grantee shall provide Grantor with a set of as -built drawings at the
time of completion of Grantee's installation, provided, however, that Grantee shall have no obligation to
supply as -built drawings of facilities installed by Grantor's contactor(s). As part of the approval process,
Grantee shall provide Grantor reasonable information related to the Facilities for Grantor's approval,
including but not limited to lighting, grading plans, the construction schedule and phasing plans and the
staging plans for any construction or modification to the Facilities as well as any other information
requested by Grantor. Grantor reserves the right to approve the location and width of all curb cuts, if
any and vehicular access shall be limited to the locations designated for such access by Grantor. All
work by Grantee shall be performed in a good and workmanlike manner, lien free and in accordance
with all laws and sound construction practice. All references to facilities or easements in this Rider shall
include, but not be limited to, the road contemplated under this Easement and Rider. All modifications
to the Facilities are subject to the prior written approval of Grantor.
Grantor's Reservation. Grantor herby reserves the right (i) to relocate, at its sole cost and expense, all
or any part of the Easement and Grantee's equipment and facilities therein, (ii) to use any surface or
subsurface areas within the Easement, and to grant additional easements within the Easement,
provided such use and grants do not substantially interfere with Grantee's use of the Easement, and (iii)
to construct improvements on the surface of the Easement such as landscaping, paving, curbs, and
Prepared 11-24-2015
gutters and (iv) to install, maintain and replace signage and all utilities servicing such signage, including
but not limited to electricity.
Maintenance; Restoration. Grantee agrees (i) that Grantee shall, at Grantee's expense, restore the
surface of the Easement (as the same may have been improved) to the same condition as existed prior
to any construction or actions by Grantee which alter the surface area: (ii) that any work within the
Easement shall be performed by Grantee in an expeditious manner consistent with accepted
construction practices so as to minimize interference with Grantor's operations on the Easement and
adjacent property; and (iii) that Grantee, in the exercise of its rights hereunder, shall use its best efforts
not to block or in any way obstruct the use of parking lots, driveways, roads or other points of access
abutting or located in or adjacent to the Easement. Grantee shall maintain the facilities in a well -
maintained, safe, and clean condition.
Insurance. During construction period, Grantee agrees its general contractor shall carry commercially
reasonable insurance and shall provide Grantor with a copy of such insurance policy and/or certificate of
such insurance satisfactory to Grantor prior to the commencement of any work. [The City of Beaumont
is a self -insured governmental entity as it pertains to city liability.]
Grant Subject to Prior Matters. The Easement is conveyed subject to any and all matters of record and
right of others with respect to the Easement (the "Prior Matters"), and Grantee agrees to abide by the
terms of the Prior Matters.
Assignment. The Easement shall not be assigned, sold, transferred, or otherwise conveyed to any other
person or entity other than the original named Grantee without Grantor's prior written consent, which
may be withheld in Grantor's sole and absolute discretion.
No Construction Period. Grantee agrees that no construction activities, other than emergency
maintenance and repair, shall be conducted by Grantee within the Easement between November 1 and
the following January 15 of any year, without the prior written consent of Grantor.
Additional Requirements: Grantee shall ensure that the facilities be properly graded to provide positive
drainage to the retention/detention area (if required) or storm sewer lines that have been sized to
receive storm water discharge. All necessary erosion control methods shall be utilized by Grantee and
existing drainage shall not be altered except with the prior written consent of Grantor. Grantee shall
not have the right to place any signs in the Easement without Grantor's prior written consent; such
consent shall not be unreasonably withheld. Prior to starting any operations in the Easement, Grantee
shall supply Grantor's personnel on site with the name and phone number of the field superintendent.
Grantor will provide written verification upon receipt of this information, at which time Grantee or its
contractor may commence its activities. Construction hazard areas of and around the construction site
must be clearly marked and barricaded from non -construction pedestrian and vehicular traffic.
Construction materials and equipment shall be kept within the Easement. Any on -site construction dirt
and debris must be stored and screened from view or removed from the Easement daily and the
Easement shall be kept broom cleaned. Once construction of the facilities has begun, it should be
diligently pursued to its finish and shall not be left incomplete.
Prepared 11-24-2015
Enforcement. In the event of a violation or attempted violation of the foregoing, the partner to this
easement may prosecute any proceedings at law or in equity to enjoin "such violation and to recover
damages for such violation, including reasonably attorneys' fees.
GRANTOR: PARKDALE MALL CMBS, LLC,
a Delaware limited partnership
By: CBL & Associates Limited Partnership, a Delaware limited partnership,
its chief manager
By: CBL Holdings I, Inc,, a Delaware corporation,
its general partner L
By'Prin ar-ndweryV .� rry r
Tit w'
GRANTEE: City of Beaumont
It,
Kyle Hayes
Title: City Manager
Prepared 11-24-2015
ACKNOWLEDGMENT
STATE .OF TENNESSEE X
COUNTY OF HAMILTON X
BEFORE ME, the undersigned authority, on this day personally appeared
as of CBL HOLDINGS I, INC., a Delaware
corporation, general partner of CBL & ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited
partnership, chief manager of PARICDALE MALL CNBS, LLC, (mown 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 PARKDALE MALL CMBS, LLC for the purposes and consideration therein
expressed and in the capacity therein stated.
)A
n�
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ) day of 2015.
Notar Pu I'c tate of TennesseeVF
°�•' STATE
My Commission Expires 2 -0 -8 NNESSEE
; � � NTARY
��y '• PUBLIC
STATE OF TEXAS X
COUNTY OF JEFFERSON X
aD / 6
This instrument was acknowledged before me on this 3a day of ki k'WA r 2&4�by Kyle
Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said City of
Beau
ANGELA MARIE THOMAS
My Commission Expires
December 7, 2016 Notary Public, State of Texas
,C Of if"P^
RETURN TO: CITY OF BEAUMONT
Antoinette Hardy
P. 0. Box 3827
Beaumont, TX 77704
Prepared 11-24-2015
k
EXHIBIT A.
AWC
ARCENEAU'X WILSON & COLE LLC
Engineering • surveying • Planning
PROPERTY DESCRIPTION OF PARCEL 10
METES AND BOUNDS DESCRIPTION OF
0.326 ACRE OF LAND
SITUATED IN AND BEING A PART OF THE
FREDERICK BIGNER SURVEY, ABSTRACT NO.1
JEFFERSON COUNTY, TEXAS
Being a 0.326 acre tract or parcel of land, a portion of that certain tract of land (called "126.52
acres") known as Parkdale Mall Addition to the City of Beaumont, Texas, the Plat of which is of
record in Volume 14, Page 245 of the Map Records of Jefferson County, Texas and situated in
and being a part of the Frederick Bigner Survey, Abstract No. 1 of Jefferson County, Texas and
being more particularly described by metes and bounds as follows:
FOR LOCATIVE PURPOSES, commence at concrete monument with disc marked "C.A.
Kohler" found located on the Northerly line of Dowlen Road, a 100 Feet wide public dedicated
Right -of -Way described in that certain instrument of record in Volume 1711, Page 47 of the Real
Property Records of Jefferson County, Texas for the Southeast corner of that certain tract of land
(called "46.70 acres") tract of land described in that certain instrument to LaTex Investors, LP in
Clerk's File No. 2001041210 of the Official Public Records of Jefferson County, Texas and the
Southwest corner of the said Parkdale Mall Addition;
THENCE North 03 deg, 06 min, 54 sec. West along and with the East line of said "46.70 acres"
tract of land and the West line of said Parkdale Mall Addition a total distance of 1566.54 feet to a
%2" steel rod with cap marked "AW&C, LLC" set for the Southwest corner and PLACE OF
BEGINNING of the herein described tract of land;
THENCE continuing North 03 deg, 06 min, 54 sec, West along and with the said East line of
said "46.70 acres" tract of land and the West line of Parkdale Mall Addition a total distance of
156.00 feet to a %2" steel rod with cap marked "AW&C, LLC" set for the Northwest coiner of the
herein described tract of land;
THE, North 86 deg. 53 min. 06 sec. East a total distance of 91.00 feet to a a" steel rod with,
cap marked "AW&C, LLC" set for the Northeast corner of the herein described tract of land;
THENCE South 03 deg. 06 min. 54 sec. East a total distance of 156.00 feet to a'/2" steel rod
with cap marked "AW&C, LLC" set for the Southeast corner of the herein described tract of
land;
(409) 724-7888 - 2901 Turtle Creek Drive • Suite 320 • Port Arthur, Texas 77642
www,awcang.coni
Arc encmix V/ilson &Cole----=�:-_Fb
A
THENCE South 86 deg, 53 min, 06 sec. West a total distance of 91.00 feet returning back to the
PLACE OF BEGINNING of the herein described tract of land and containing 0,326 acre of
land, more or less.
Notes:
Bearings, distances and coordinates referenced to the Texas State Plane Coordinate System,
South Central Zone (4204), NAD 83. Cnid scale factor: 0.999958339.
See accompanying Plat.
} /10' UTILITY EASEMENT
/ TO I
CITY OF BEAUMONT
VOL. 2396, PG. 41
D.RAC.
I- — —40' DETENTION POND EASEMENT
TO J.C.D.D,6
I
ACCESS EASEMENT
^10' DRAINAGE EASEMENT TOAPSHV INVESTMENT
I CF#2007010481
O.P,R.J.C.
I�
I2
30, G.S U. EASEMENT I POB
VOL. 1683 PG. 126
D.R.J.C. I I
( RESIDUE OF I 4.
` AMOCO PRODUCTS CO, i I i 0
TO LATEX INVESTORS, LP
i' "46.70 AC." I I I Q
11/21/2001 ❑
�. CF# 2001041210 I Y
O,P.R.J,C�,a I
I A I
I
I Z)�
I � p 1
z f Q i Lo m
� I �o
0 1 ® I 0 M
p WALMART REPLAT I
_! "26,774 AC."
0 I 11/21/2001
VOL. 16, PG. 277
M,R.J.C. I
I I I
I ` 4
y 60'ACCESTEASEMENTO
I
WAL-MART
3.017 AC." I
DATE OF S Rf: DECEMBER 2013 12/20/1904
CF# 9440812 I
�Wll
O.P.R.J.C. I
A------
2901 Turtle Crack Drive Slulle 320• PartArthur, Tx 77842
0111m 409-724-7888• Fax:409-724-1447. www.awceng.com
TEXAS REGISTERED ENGINEERING FIRM 16194
TEXAS LICENSED SURVEYING FIRM 10194049
ARCEL 10
0.326 Ac,
PARKDALE MALL ADDITION
*126.52 AC."
09/14/1986
VOL. 14, PG, 245
M,R.J.C. -1
1•
LEG,EN D
♦ FOUND CORNER
• SET 1/2" STEEL ROD W/CAP
MARKED "AW&C, LLC"
P09 POINT OF BEGINNING
POC POINT OF COMMENCEMENT
POC
00000 KOHLER"
MON.
NR0No
00��/
PARCEL PLAT
PAGE
PARCELI0
1
of
NORTHWEST PARKWAY
BEAUMONT, JEFFERSON COUNTY,
2
TX
DATE: 11-10-2015
SCALC: SHOWN
DRAWN: BJB
PROJ. No.:. CAI-040
DESIGN:
CHECKED: EJV
Parcel Line Table
Line #
Length
Direction
1-1
156,00'
NO3' 06' 54"W
L2
91.00'
N86' 53' 06'E
L3
166.00'
S03' 06' 54"E
L4
91.00'
S86' 53' 06"W
NOTES:
COORDINATES, BEARINGS AND DISTANCES REFERENCED
TO THE TEXAS STATE PLANE COORDINATE SYSTEM,
SOUTH CENTRAL ZONE, (4204) NAD 83.
GRID SCALE: 0.999958339
I, E. JAMES VERRETT, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1781 IN
THE TEXAS, DO
CERTIFY ECTLY
GROUND MYT
�c
HTHAT
REFLECTSEANFACTUAL SURVEYREBY MADE ON UNDER SUPERVISION
AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE LIMITS, BOUNDARIES
.§�
AND
.....................5....
�'..lAi1t1�S VEIi�Eil'
CORNERS ARE TRULY SHOWN JUST AS FOUND AT THE TIME OF THIS SURVEY.
1� ...fi8f..������
•�b ��V
SEE ACCOMPANYING DESCRIPTION, ,/
AAY d1e
��C
UNDER MY HAND SEAL THIS THE OF ,y�� , 2015.
GIVENNr-WSdV2E1R'1TyffT,R�ePLS-NQ.
S U N
livz
?78r1—
E.
PARCEL PLAT
PAGE
Aroenaaux wit+one coda--------
PARCEL10
Engineering
AWC
S
Surveying NORTHWEST PARKWAY
OF
Planning
2901 Tudo Creek Ar1ve Stulle 320• Port Arotur,Tx 77842 BEAUMONT, JEFFERSON COUNTY, TX
Office:409-724.7800 - Fax: 409.724-1447• wmawceng.com
2
TEXAS REGISTERED ENGINEERING FIRM 16194 DATE: 11-10-2015 SCALE: SHOWN DRAWN: BJB
TEXAS LICENSED SURVEYING FIRM 10194049 PROJ, No.: CAI-040 DESIGN: CHECKED: EJV
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Carolyn L. Guidry, County Clerk
Jefferson County, Texas
February 04, 2016 02:14:52 PM
FEE: $66.00 20160@3703
I��11II�II���tlI�I���YIIEu .A:., li i.60aJ'J:
STATE OF TEXAS X
KNOW ALL MEN BY TIHESE PRESENTS:
COUNTY OF JEFFERSON X
TEMPORARY CONSTRUCTION EASEMENT
That, PARKDALE MALL CMBS, LLC, a Delaware limited liability company, the
County of Hamilton, State of Tennessee, hereinafter called "GRANTOR", whether one or more,
for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLAR, 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, have GRANTED, SOLD and
CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF
BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors
and assigns, a temporary construction easement being a 1.440 acre tract on the hereinafter
described lands which said easement is under, over, in and across lands which the undersigned
owns or in which the undersigned has an interest, situated in the County of Jefferson, State of
Texas, shown in Exhibit "A" attached hereto and made a part hereof for all purposes.
The temporary construction easement shall be considered null and void upon the
completion of construction of the improvements.
The easement herein granted shall be used for the purpose of placing, constructing,
replacing, removing and relocating curbs and restriping parking lot (as outlined in Exhibit "A"),
(the "Work") subject at all times to the following conditions:
(a) Grantee shall observe all applicable laws and, to the extent provided or
made know to Grantee, all policies, procedures, protocols and instructions of
Prepared: 11-24-2015
Grantor respecting safety, the environment and Grantor's operations while
performing the Work and while on Grantor's lands;
(b) Grantee shall perform the Work and exercise its rights hereunder in such a
manner as to eliminate or minimize interference with the operations of Grantor's
operations;
(c) Should the performance of the Work require Grantor to affect Grantor's
operations, Grantee shall provide Grantor with as much prior notice as is
practicable under the circumstances. Such notice shall be provided in writing to
the attention of Grantor at least seven (7) business days prior to any Work and if it
is impossible to provide written notice two (2) business days verbal notice to the
Grantor shall be sufficient and if it is impossible to provide said prior notice, as
much notice as practicable under the circumstances shall be provided;
(d) Grantee shall be fully responsible for moving all equipment (including
temporary offices, trailers, spare parts, etc.) and other items located on the land
necessary to perform the Work from the area over the temporary easement to a
location or locations designated by Grantor;
(e) Grantee shall provide evidence satisfactory of its self-insurance and
Grantee shall ensure that any contractors going on Grantor's lands have the
following insurance:
(1) Commercial General Liability Insurance with limits of not less than
$1,000,000 on an Occurrence Basis, naming Grantor as an Additional Insured.
Prepared:11-24-2015
(2) Automobile Liability Insurance with limits of not less than
$1,000,000 ether through Primary or Excess/Umbrella coverage.
(3) Statutory Workers Compensation Insurance with Employers
Liability with limits of not less than $500,000.
(4) Evidence of Insurance to be provided with an obligation from
insurers to provide 30 days advance notice of cancellation to Grantor.
It is expressly understood and agreed that the Grantee shall have the right of ingress to
and egress from the tract of land hereinbefore described in Exhibit "A" for the purposes of and
during the temporary period of construction as aforesaid described.
SEE ATTACHED RIDER
TO HAVE AND TO HOLD the above described easement unto the said CITY OF
BEAL MONT, its successors and assigns. + j)
EXECUTED this day of�C2015.
GRANTOR:
PARKDALE MALL CMBS, LLC,
a Delaware limited partnership
By: CBL & Associates Limited Partnership, a Delaware limited partnership,
its chief manager
By: CBL Holdings I, Inc., a Delaware corporation,
i general partner
By: ///
Peme: aNerkV _ Urry
Chief Legal Officer Legal
Prepared:11-24-2015
ACKNOWLEDGMENT
STATE OF TENNESSEE X
COUNTY OF HAMMELTON X
BEFORE ME, the undersigned authority, on this day personally appeared
.ieffe'ryV, Curry as of CBL HOLDINGS I, INC.,
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 PARKDALE MALL CUBS,
LLC for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, thisjj�Uday of, 2015.
of
My Commission Expires 2 -10 - 2018 Notary Public, State�'
RETURN TO:
City of Beaumont
Antoinette Hardy
P. O. Box 3827
Beaumont, TX 77704
Prepared: 11-24-2015
r lr•'•.-S3ATE'''•n
f OF
ITENNESSEEE
WTARY
RIDER
Notwithstanding anything to the contrary contained in the Right of Way Easement ("Easement")
to which this Rider is attached, the following provisions are hereby added to the Easement and
incorporated therein. In case of any inconsistency or discrepancy between this Rider and the
Easement, the specific terms and provisions of this Rider shall control.
Use. The Easement shall only be used for the specific purposes stated in the Easement and
no other purpose whatsoever without Grantor's express written consent, which may be withheld
in Grantor's sole and absolute discretion. Grantee agrees that it will ensure that the entrance to
the road and Easement shall remain open at all times and that Grantor shall have access over
such road to access Grantor's property. In no event shall Grantee close the areas connecting the
road or other facilities to Grantor's property except temporarily in an emergency situation and
thereafter Grantee shall use diligent efforts to reopen such entrance.
Grantor's Reservation. Grantor herby reserves the right (i) to relocate, at its sole cost and
expense, all or any part of the Easement and Grantee's equipment and facilities therein, (ii) to
use any surface or subsurface areas within the Easement, and to grant additional easements
within the Easement, provided such use and grants do not substantially interfere with Grantee's
use of the Easement, and (iii) to construct improvements on the surface of the Easement such as
landscaping, paving, curbs, and gutters and (iv) to install, maintain and replace signage and all
utilities servicing such signage, including but not limited to electricity.
Maintenance, Restoration. Grantee agrees (i) that Grantee shall, at Grantee's expense, restore
the surface of the Easement (as the same may have been improved) to the same condition as
existed prior to any construction or actions by Grantee which alter the surface area: (ii) that any
work within the Easement shall be performed by Grantee in an expeditious manner consistent
with accepted construction practices so as to minimize interference with Grantor's operations on
the Easement and adjacent property; and (iii) that Grantee, in the exercise of its rights hereunder,
shall use its best efforts not to block or in any way obstruct the use of parking lots, driveways,
roads or other points of access abutting or located in or adjacent to the Easement. Grantee shall
maintain the facilities in a well -maintained, safe, and clean condition.
Insurance. During construction period, Grantee agrees its general contractor shall carry
commercially reasonable insurance and shall provide Grantor with a copy of such insurance
policy and/or certificate of such insurance satisfactory to Grantor prior to the commencement of
Prepared: 11-24-2015
any work. [The City of Beaumont is a self -insured governmental entity as it pertains to city
liability.]
Grant Subject to Prior Matters. The Easement is conveyed subject to any and all matters of
record and right of others with respect to the Easement (the "Prior Matters"), and Grantee agrees
to abide by the terms of the Prior Matters.
Assignment. The Easement shall not be assigned, sold, transferred, or otherwise conveyed to
any other person or entity other than the original named Grantee without Grantor's prior written
consent, which may be withheld in Grantor's sole and absolute discretion.
No Construction Period. Grantee agrees that no construction activities, other than emergency
maintenance and repair, shall be conducted by Grantee within the Easement between November
1 and.the following January 15 of any year, without the prior written consent of Grantor.
Enforcement. In the event of a violation or attempted violation of the foregoing, the partner to
this easement may prosecute any proceedings at law or in equity to enjoin such violation and to
recover damages for such violation, including reasonably attorneys' fees.
GRANTOR: PARKDALE MALL CMBS, LLC,
a Delaware limited partnership
By: CBL & Associates Limited Partnership, a Delaware limited partnership,
its chief manager
By: CBL Holdings I, Inc., a Delaware corporation,
it general partner
By: -
Print e: Jeffe l,ny
TitChief Legal OffiCOf
GRANTEE: City of Beaumont
1
Kyle Hayes
Title: City Manager
Prepared: 11-24-2015
ACKNOWLEDGMENT
STATE OF TENNESSEE X
COUNTY OF HAMILTON X
BEFOI , the undersigned authority, on this day personally appeared
,Jef�ery Cu��Y as h1, (!Cal offic
!d loi►ici of CBL HOLDINGS I. INC.. a
Delaware corporation, general partner of CBL & ASSOCIATES LMTED PARTNERSHIP, a
Delaware limited partnership, chief manager of PARKDALE MALL CUBS, LLC, 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 PARKDALE MALL CMBS; LLC
for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this -Jkday of —4—L5.
��T•s�ip�•h �
Of
Nly COm�i� aAQ 0t&ess �ESSEr
"bow
STATE OF TEXAS X 1-1��� TO`v
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this 33_ day of
by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on ehalf of
sai
` My Commission Expires
December 7, 2016 Notar Public, State of Texas
a4iE or l .
ANGELA MARIE THOMAS
RETURN TO: CITY OF BEAUMONT
Antoinette Hardy
P. O. Box 3827
Beaumont, TX 77704
Prepared: 11-24-2015
1 LIMITS OF EASEMENT I
ee� J (0.326 ACRES)
®LIMITS ONLY' BE
W INTAINED BY CITY FORCES
Co. 289 ACRES) — -' —
------• LIMITS OF TEMPORARY
CONSTRUCTION EASEMENT
11.440 ACRES
121'
TEMPORARY CONSTRUCTION EASEMENT
I
PARKDALE MALL LOOP
I
I
i A B
may... I �/3"'<..•, RAISED
ISLAND 30'
j TOTAL PARKING SPACES BEFORE•524
TOTAL PARKING SPACES AFTER•503
A1NO PNO ADDITIONAL SPACES ADDED- 39
SPACES REMOVED- 60
.. _ -
j11
REMAINING PARKING SPACE RAT10-
- 503/524 96%
145
TEMPORARY CONSTRUCTION EASEMENT
L. .z... <= ..._.
J J
Z
� o I
I � I
DRAINAGE CUT I
I
I NC D D, . RAISED I E RAISED
LAND iI`� ISLAND ISLAND F 30• I
LII III] G j
r W�
IS
0.
i' M',P,AS.LN
K L M .PAINTED N
`I•� ISLAND a I
aril PAINTEDcol�� ISLAND PAINTED `PAINTED
Ii \ ,\ ISLAND `^-i. ISLAND
_ TELIPOR%RY CONSTRUCTION E�15E1ENT
u l I� 2W
IO `\ �+� \ ROBERT X. BALFOUR. P.E.
i - 1 TX REG 7=3
FOR REVIEW ONLY
NOT FOR BIOONYGr
u� PERMITS. OR
H \ ~\ I� '�•l • TEMPORARY CONSTRUCTION EASEMENT CONSTRUCTION
•'SO CONSTRUCT RAISED ISLANDS
I ♦ r a AND`RESTRIPE PARKING LOT
ate♦ jO
I \ _ W � Cily ofBeaumon!
� \ '•�•� Ir � ` Engineering
_ Chica & Associates. Inc
__—_—_—_— I (\\\ll^ T..uR .e dG'.i.eF F.108i
TEMPORARY CONSTRUCTION EASEMENT i EXHIBIT �� A PLAN VIEW •a....m T....T 1
es.rt.oc)uwu F..: c.oe).ua.aixe (REVISED JANUARY s, 20161 0 Is, 30, PARKDALE MALL
SCALE 1 I I� I) I I
ISLAND LAYOUT
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
e� '-e jmgmt
Carolyn L. Guidry, County Clerk
Jefferson County, Texas
February 04, 2016 02:14:52 PM
FEE: $54.00 2016003704