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HomeMy WebLinkAboutRES 16-093RESOLUTION NO. 16-093 WHEREAS, CFT NV Developments, LLC has agreed to convey two (2) ten foot (10') wide exclusive water line easements, said easements being a 0.004 acre tract and a 0.011 acre tract of land out of and part of Lot 1A, Wal-Mart Stores Subdivision, 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 a new Panda Express restaurant located at 4135 Dowlen Road; 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 two (2) ten foot (10) wide exclusive water line easements conveyed by CFT NV Developments, LLC, being a 0.004 acre tract and a 0.011 acre tract of land out of and part of Lot 1A, Wal-Mart Stores Subdivision, situated in the Frederick Bigner Survey, Abstract No. 1, as described and shown in Exhibit 1," 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 24th day of May, 2016. Avr, / a ayor Becky Ames - STATE OF TEXAS X COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, CFT NV Developments, LLC, a Nevada limited liability company, 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 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 & B", attached and made a part hereof for all purposes (the ""Easement Area"). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable 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 EXHIBIT 1" 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 1 Vt '' day of '2016. GRANTOR: CFT NV Developments, LLC, a Nevada limited liability company By: Printed Name: ; c, Title: Manager APPROVED AS TO FORM BY RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On May 16, 2016, before me, JEFFERY FONG, Notary Public, personally appeared WINNIE CHAN, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/afe subscribed to the within instrument and acknowledged to me that he/she/#v" executed the same in his/her/tauthorized capacity(, and that by /her/# signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my name and official seal. JEFFERY FONG Commission • 2129450 Notary Pubik - Ca Mornis Los AnoNss County My Comm. EVkts Oct 5, 2019 Jeffery o Notary Public in and for the State of California My commission expires: October 8, 2019 WATER LINE EASEMENT Re: Certain Real Property located at Beaumont, TX Signer: Winnie Chan, Manager of CFT NV Developments, LLC, a Nevada limited liability company EXHIBIT "A" LEGAL LAND DESCRIPTION 10' WATER LINE EASEMENT BEING a portion of that certain tract of land in the Frederick Bigner Survey, Abstract No. 1, City of Beaumont, Jefferson County, Texas, described as Lot 1A, Wal-Mart Stores Subdivision (hereinafter referred to as Lot 1A), an addition to the City of Beaumont, Jefferson County, Texas, according to the Plat thereof recorded in Instrument Number 2007047674, Plat Records, Jefferson County, Texas (P.R.J.C.T.), and being a portion of that certain tract of land described in a Special Warranty Deed to CFT NV Developments, LLC (hereinafter referred to as CFT NV Developments tract), as recorded in Instrument Number 2016001783, Official Public Records, Jefferson County, Texas, and being more particularly described, by metes and bounds, as follows: COMMENCING at the Southeast corner of said Lot 1A, same being the Southerly Southwest corner of that certain tract of land described in a Warranty Deed to LA TEX INVESTORS, LP, as recorded in Instrument Number 2001041210, Deed Records, Jefferson County, Texas, same also being the existing Northwesterly right-of-way line of Dowlen Road (100' right-of-way) as recorded in Volume 1711, Page 47, Deed Records, Jefferson County, Texas (D.R.J.C.T.), same being the beginning of a curve to the left, whose long chord bears South 51 degrees 18 minutes 41 seconds West, a distance of 24.59 feet; THENCE Southwesterly with the common line between said Lot 1A and the existing Northwesterly right-of-way line of said Dowlen Road and with said curve to the left having a radius of 1202.26 feet, through a central angle of 1 degrees 10 minutes 19 seconds, for an arc distance of 24.59 feet to a Southerly corner of a 20' Utility Easement as recorded in Volume 15, Page 277, P.R.J.C.T.; THENCE North 03 degrees 06 minutes 37 seconds West, departing the existing Northwesterly right-of-way line of said Dowlen Road and crossing said Lot 1A and with a Westerly line of said 20' Utility Easement, a distance of 71.03 feet; THENCE South 86 degrees 40 minutes 10 seconds West, departing the Westerly line of said 20' Utility Easement and continue crossing said Lot 1A, a distance of 46.40 feet to the East line of the aforesaid CFT NV Developments tract, same being the PLACE OF BEGINNING; THENCE South 86 degrees 40 minutes 10 seconds West crossing said CFT NV Developments tract, a distance of 18.69 feet; THENCE North 03 degrees 19 minutes 50 seconds West continue crossing said CFT NV Developments tract, a distance of 10.00 feet to the North line of said CFF NV Developments tract; THENCE North 86 degrees 40 minutes 10 seconds East with the common line between said CFT NV Developments tract and the remainder of Lot 1A, a distance of 18.69 feet to an "X" cut found in concrete pavement for the Northeast corner of said CFT NV Developments tract; THENCE South 03 degrees 19 minutes 50 seconds East continue with the common line between said CFT NV Developments tract and the remainder of Lot 1A, a distance of 10.00 feet to the PLACE OF BEGINNING. 1BANNISTER E N G I N E E R I N G 240 North Mitchell Road I Mansfield, TX 76063 1817.842.2094 1 817.842.2095 fax J TBPLS REGISTRATION NO. 10193R23 EXHIBIT "A" I REMAINDER OF LOT 1A I ACCESS I WAL-MART STORES SUBDIVISION EASEMENT INSTRUMENT NUMBER 2007047674 INSTRUMENT I P.R.J.C.T. NUMBER 2016001784 I N860 40' 10"E 18.69' O.P.R.3.C.T. FOUND X- CUT S030 19' 50"E 10.00' IN CONCRETE y N030 19'50"W �� 10.00' �" _ 15' BUILDING LINE_ _ PER ZONING S860 40' 10"W 18.69' I I 40,926 SQUARE FEET I OR 0.940 ACRE CFT NV DEVELOPMENTS, LLC INSTRUMENT NUMBER 2016001783 O.P.R.J.C.T. PORTION OF LOT 1A I WAL-MART STORES SUBDIVISION I INSTRUMENT NUMBER 2007047674 P.R.J.C.T. LU �Iz ADDRESS: zIz 4135 N. DOWLEN ROAD olo mia J Otis/1 � �4 T- ---I I—FUTURE 10 WATER I I LINE EASEMENT wfs S860 40' 10"W 46.40 PLACE OF I z I I BEGINNING W ui z I u� <D UJ N �LU I�a�IW" 10' WATERLINE EASEMENT a (SHADED) H CD I? o UJ a i 187 SQUARE FEET > o j_J OR 0.004 ACRE N M I REMAINDER OF LOT 1A WAL-MART STORES SUBDIVISION Mo INSTRUMENT NUMBER 2007047674 P.R.J.C.T. z LEGEND 0 DIMENSION POINT, NOTHING FOUND OR SET UNLESS NOTED OTHERWISE O.P.RJ.C.T. OFFICIAL PUBLIC RECORDS, JEFFERSON COUNTY, TEXAS D.R.J.C.T. DEED RECORDS, JEFFERSON COUNTY, TEXAS P.R.J.C.T. PLAT RECORDS, JEFFERSON COUNTY, TEXAS Project No. 046-15-03 Date: 4/27/2016 Page 2 of 3 I Chedred By: MD2 10' WATER LINE EASEMENT EXHIBIT 4135 NORTH DOWLEN ROAD PORTION OF LOT 1A SCALE: 1" = 20' WAL-MART STORES SUBDIVISION 0. I0 20• CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS LA TEX INVESTORS, LP INSTRUMENT NUMBER 2001041210 D.R.J.C.T. rzz 60' ACCESS EASEMENT INSTRUMENT NUMBER 94-9440812 D.R.J.C.T. PLACE OF _COMMENCING SOUTHEAST CORNER OF LOT 1A, VIAL -MART STORES SUBDIVISION INSTRUMENT NUMBER 2007047674 0=1°10'19" P.R.J.C.T. R=1202.26' L=24.59 CB=S51°18'41"W CL=24.59' GENERAL NOTES: 0 FER,9 MICHAEL DAN DAVIS A 4838 '"EssI° ?04 1. All bearings shown herein are Texas Coordinate System, NAD83 (CORS), Texas South Central Zone (4204). All distances shown herein are surface distances. 2. All iron rods found (IRF) are 5/8 -inch with a plastic cap stamped "RPLS 4838", set January 2016. Ir' BANNISTER L_"" E N G I N E E R I N G 240 North Mitchell Road 1 Mansfield, TX 76063 1817.842.20941 817.842.2095 fax TBPLS REG75TRATION NO. 10193873 EXHIBIT "A" uj coy a 105 OSEDALE SRO a RO EDALE g COLE 69 c z 96 287 o � o a 0 0 EASEMENT LOCATION I I SITE I OWLEN Luu �cc VICINITY MAP NOT TO SCALE B EA U M O N T, TEXAS Project No. 046-15-03 Date: 4/27/2016 Page 3 of 3 Checked By: MDZ 10' WATER LINE EASEMENT EXHIBIT r'"B A N N I S T E R 4135 NORTH DOWLEN ROAD PORTION OF LOT IA 1ENGINEERI NG WAL-MART STORES SUBDIVISION L 240 North Mitchell Road I Mansfield, TX 76063 1817.842.2034 1 817.842.2095 fax CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS TBPLS REGISTRATION NO. 10193M EXHIBIT "B" LEGAL LAND DESCRIPTION 10' WATER LINE EASEMENT BEING a portion of that certain tract of land in the Frederick Bigner Survey, Abstract No. 1, City of Beaumont, Jefferson County, Texas, described as Lot 1A, Wal-Mart Stores Subdivision (hereinafter referred to as Lot 1A), an addition to the City of Beaumont, Jefferson County, Texas, according to the Plat thereof recorded in Instrument Number 2007047674, Plat Records, Jefferson County, Texas (P.R.J.C.T.), and being more particularly described, by metes and bounds, as follows: COMMENCING at the Southeast corner of said Lot 1A, same being the Southerly Southwest corner of that certain tract of land described in a Warranty Deed to LA TEX INVESTORS, LP, as recorded in Instrument Number 2001041210, Deed Records, Jefferson County, Texas, same also being the existing Northwesterly right-of-way line of Dowlen Road (100' right-of-way) as recorded in Volume 1711, Page 47, Deed Records, Jefferson County, Texas (D.R.J.C.T.), same being the beginning of a curve to the left, whose long chord bears South 51 degrees 18 minutes 41 seconds West, a distance of 24.59 feet; THENCE Southwesterly with the common line between said Lot 1A and the existing Northwesterly right-of-way line of said Dowlen Road and with said curve to the left having a radius of 1202.26 feet, through a central angle of 1 degrees 10 minutes 19 seconds, for an arc distance of 24.59 feet to a Southerly corner of a 20' Utility Easement as recorded in Volume 15, Page 277, P.R.J.C.T.; THENCE North 03 degrees 06 minutes 37 seconds West, departing the existing Northwesterly right-of-way line of said Dowlen Road and crossing said Lot 1A and with a Westerly line of said 20' Utility Easement, a distance of 71.03 feet to the PLACE OF BEGINNING; THENCE continue crossing said Lot 1A for the following 4 courses: 1. South 86 degrees 40 minutes 10 seconds West, departing the Westerly line of said 20' Utility Easement, a distance of 46.40 feet to the East line of that certain tract of land described in a Special Warranty Deed to CFT NV Developments, LLC (hereinafter referred to as CFT NV Developments tract), as recorded in Instrument Number 2016001783, Official Public Records, Jefferson County, Texas; 2. North 03 degrees 19 minutes 50 seconds West with the East line of said CFT NV Developments tract, a distance of 10.00 feet to an "X" cut found in concrete pavement for the Northeast corner of said CFT NV Developments tract; 3. North 86 degrees 40 minutes 10 seconds East, a distance of 46.43 feet to a Westerly line of the aforesaid 20' Utility Easement; 4. South 03 degrees 06 minutes 37 seconds East with the Westerly line of said 20' Utility Easement, a distance of 10.00 feet to the PLACE OF BEGINNING. r'"BANNISTER E N G I N E E R I N G L240 1 North Mitchell Road I Mansfield, TX 76063 1817.842.2094 1817.842.2095 fax J TBPLS REGISTRATION NO. 10193823 EXHIBIT "B" I REMAINDER OF LOT 1A I I I ACCESS WAL-MART STORES SUBDIVISION I EASEMENT I INSTRUMENT NUMBER 2007047674 I I LA TEX INVESTORS, LP P.R.J.C.T. I INSTRUMENT NUMBER INSTRUMENT I I I I 2001041210 2016001784 I I I D.R.J.C.T, O.P.R.J.C.T. I I I FOUND X- CUT IN CONCRETE N8601 40' 10"E 46.43' �S03° 06' 37"E 10.00' PLACE OF 586° 40' 10"W 46.40' BEGINNING 15' BUILDING LINE_ PER ZONING I 10' WATER LINE I z uJ 60' ACCESS EASEMENT NO3° 19' S0"W 10.00' I I Ln¢ i=I w N INSTRUMENT NUMBER EASEMENT I<�; ^ I L Q 94-9440812 (SHADED) I -� I Q o D.R.J.C.T. 40,926 SQUARE FEET 464 SQUARE FEET M I � � ° I � �i / OR 0.940 ACRE I OR 0.011 ACRE i p I LU °- Imo CFT NV DEVELOPMENTS, LLC i r.Jo > INSTRUMENT NUMBER 2016001783 O.P.R.J.C.T. REMAINDER OF LOT 1A WAL-MART STORES SUBDIVISION ° PORTION OF LOT 1A I INSTRUMENT NUMBER 2007047674 o WAL-MART STORES SUBDIVISION I P.R.J.C.T. z I I I PLACE OF INSTRUMENT NUMBER COMMENCING 2007047674 I J�� I I SOUTHEAST CORNER OF P.R.J.C.T. Lu G�� y I LOT 1A, WAL-MART nIz �� .;O' / STORES SUBDIVISION ADDRESS: BIZ �% (,� I INSTRUMENT NUMBER 4135 N. DOWLEN ROAD -10 �1� I / 2007047674 J GQ� �QJ� 0=1°10'19" P.R.J.C.T. mIa �`�� / R=1202.26' I / L=24.59' / CB=S51°18'41"W i T� J O CL=24.59 L _� c' ` </ OQ� . * ...... ... FJ...... MICHAEL DAN DAVIS Py 1 .............................. 4838 IRF OO yOp J��'OQ,. rf LEGEND GENERAL NOTES: O DIMENSION POINT, NOTHING FOUND OR SET 1. All bearings shown herein are Texas Coordinate System, UNLESS NOTED OTHERWISE NAD83 (CORS), Texas South Central Zone (4204). All distances O.P.R.J.C.T. - OFFICIAL PUBLIC RECORDS, JEFFERSON COUNTY, TEXAS shown herein are surface distances. D.R.J.C.T. DEED RECORDS, JEFFERSON COUNTY, TEXAS P.R.J.C.T. PLAT RECORDS, JEFFERSON COUNTY, TEXAS 2. All iron rods found (IRF) are 5/8 -inch with a plastic cap Project No. 046-15-03 Date: 4/27/2016 Page 2 of 3 Checked By: MD2 stamped "RPLS 4838", set January 2016. 10' WATER LINE EASEMENT EXHIBIT �' B A N N I S T E R 4135 NORTH DOWLEN ROAD PORTION OF LOT 1A SCALE: 1" = 20' �1 E N G I N E E R I N G WAL-MART STORES SUBDIVISION 0 10' 20• 240 North Mitchell Road I Mansfield, TX 76063 1817.842.2094 1 817.842.2095 fax CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS J TOPLS .I..N .0. 10193823 EXHIBIT "B" Lu Y CO�CO 0 105 ce OSEDALE �Pp Z RO EDALE 0 < � g COLE 69 z 96 w 287 0 00 0 0 0 EASEMENT LOCATION I I SITE I OWLEN ui 1� w 0 U 3 of VICINITY MAP NOT TO SCALE BEAUMONT, TEXAS Pro)ed No. 046-15-03 Date: 4/27/2016 Page 3 of 3 Checked By: MD2 10' WATER LINE EASEMENT EXHIBIT r" B A N N I S T E R 4135 NORTH DOWLEN ROAD PORTION OF LOT 1A �1 E N G I N E E R I N G WAL-MART STORES SUBDIVISION 240 North MRchell Road I Mansfield, TX 76063 817.842.2094 1817.842.2095 fax CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS —: TBPLS REGISTRATION NO. 10193823 Il � 11 PGS 2016016023 11111111111111111111111111111111111 Hill 1111111111111 EAS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, CFT NV Developments, LLC, a Nevada limited liability company, 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 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 & B", attached and made a part hereof for all purposes (the ""Easement Area"). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable 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 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 parries 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 \ 22016. GRANTOR: CFT NV Developments, LLC, a Nevada limited liability company By: Printed Name: ' e o Title: Manager APPROVED AS TO FORM BY RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On May 16, 2016, before me, JEFFERY FONG, Notary Public, personally appeared WINNIE CHAN, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a€e subscribed to the within instrument and acknowledged to me that he/she/#" executed the same in /her/theif authorized capacity(ies4, and that by his/her/ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my name and official seal. JEFFERY FONG CommlisW # Z129450 Notary Pubtk • CWton" Los AnpNs County , My Comm. EV.Mm Oct 0, 2019 - /"--7 Jeffery o Notary Public in and for the State of California My commission expires: October 8, 2019 WATER LINE EASEMENT Re: Certain Real Property located at Beaumont, TX Signer: Winnie Chan, Manager of CFT NV Developments, LLC, a Nevada limited liability company EXHIBIT "A" LEGAL LAND DESCRIPTION 10' WATER LINE EASEMENT BEING a portion of that certain tract of land in the Frederick Bigner Survey, Abstract No. 1, City of Beaumont, Jefferson County, Texas, described as Lot 1A, Wal-Mart Stores Subdivision (hereinafter referred to as Lot 1A), an addition to the City of Beaumont, Jefferson County, Texas, according to the Plat thereof recorded in Instrument Number 2007047674, Plat Records, Jefferson County, Texas (P.R.J.C.T.), and being a portion of that certain tract of land described in a Special Warranty Deed to CFT NV Developments, LLC (hereinafter referred to as CFT NV Developments tract), as recorded in Instrument Number 2016001783, Official Public Records, Jefferson County, Texas, and being more particularly described, by metes and bounds, as follows: COMMENCING at the Southeast corner of said Lot 1A, same being the Southerly Southwest corner of that certain tract of land described in a Warranty Deed to LA TEX INVESTORS, LP, as recorded in Instrument Number 2001041210, Deed Records, Jefferson County, Texas, same also being the existing Northwesterly right-of-way line of Dowlen Road (100' right-of-way) as recorded in Volume 1711, Page 47, Deed Records, Jefferson County, Texas (D.R.J.C.T.), same being the beginning of a curve to the left, whose long chord bears South 51 degrees 18 minutes 41 seconds West, a distance of 24.59 feet; THENCE Southwesterly with the common line between said Lot 1A and the existing Northwesterly right-of-way line of said Dowlen Road and with said curve to the left having a radius of 1202.26 feet, through a central angle of 1 degrees 10 minutes 19 seconds, for an arc distance of 24.59 feet to a Southerly corner of a 20' Utility Easement as recorded in Volume 15, Page 277, P.R.J.C.T.; THENCE North 03 degrees 06 minutes 37 seconds West, departing the existing Northwesterly right-of-way line of said Dowlen Road and crossing said Lot 1A and with a Westerly line of said 20' Utility Easement, a distance of 71.03 feet; THENCE South 86 degrees 40 minutes 10 seconds West, departing the Westerly line of said 20' Utility Easement and continue crossing said Lot 1A, a distance of 46.40 feet to the East line of the aforesaid CFT NV Developments tract, same being the PLACE OF BEGINNING; THENCE South 86 degrees 40 minutes 10 seconds West crossing said CFT NV Developments tract, a distance of 18.69 feet; THENCE North 03 degrees 19 minutes 50 seconds West continue crossing said CFT NV Developments tract, a distance of 10.00 feet to the North line of said CFT NV Developments tract; THENCE North 86 degrees 40 minutes 10 seconds East with the common line between said CFT NV Developments tract and the remainder of Lot 1A, a distance of 18.69 feet to an "X" cut found in concrete pavement for the Northeast corner of said CFT NV Developments tract; THENCE South 03 degrees 19 minutes 50 seconds East continue with the common line between said CFT NV Developments tract and the remainder of Lot 1A, a distance of 10.00 feet to the PLACE OF BEGINNING. Project No. 046-15-03 I Date: 4/27/2016 I Page 1 of 3 I Checked By: MD2 10' WATER LINE EASEMENT EXHIBIT 4135 NORTH DOWLEN ROAD PORTION OF LOT 1A WAL-MART STORES SUBDIVISION CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS ""BANNISTER LE N G I N E E R I N G 240 North Mitchell Road I Mansfield, TX 76063 1817.842.2094 1817.842.2095 fax J TSPLS REGISTRATION NO.10193823 EXHIBIT "A" REMAINDER OF LOT 1A I I I I I ACCESS WAL-MART STORES SUBDIVISION EASEMENT I INSTRUMENT NUMBER 2007047674 I LA TEX INVESTORS, LP P.R.J.C.T. I I I INSTRUMENT NUMBER INSTRUMENT I I I I 2001041210 2016001784 I N860 40' 10"E 18.69' I I D.R.J.C.T. O.P.R.J.C.T. FOUND X- CUT S030 19' 50"E 10.00' I I IN CONCRETE is _FUTURE 10' WATER S ,ALINE EASEMENT " N030 19 0 00' -- mp 5860 40' 10'W 46.40' Y I 15' BUILDING LINE_ _ PLACE OF ER I z PZONING I BEGINNING i I Iw Iz60' ACCESS EASEMENT S860 40' 10"W 18.69' N UaF-; ^w INSTRUMENT NUMBER IZ a 94-9440812 10'WATER LINE I �: a v D.R.J.C.T. I EASEMENT w cl � Lr r, I 40,926 SQUARE FEET I SHADED o I ? w I J a / OR 0.940 ACRE I I o 0 187 SQUARE FEET CFT NV DEVELOPMENTS, LLC I OR 0.004 ACRE N O> / INSTRUMENT NUMBER 2016001783 O.P.R.J.C.T. REMAINDER OF LOT 1A kD I / WAL-MART STORES SUBDIVISION o PORTION OF LOT 1A I INSTRUMENT NUMBER 2007047674 o I WAL-MART STORES SUBDIVISION I P.R.J.C.T. z I I I PLACE OF INSTRUMENT NUMBER I I I COMMENCING 2007047674 I �JQ� I I SOUTHEAST CORNER OF P.R.J.C.T. Z I LOT 1A, WAL-MART n10 ��' O STORES SUBDIVISION ADDRESS: DIZ 06 � I / INSTRUMENT NUMBER 4135 N. DOWLEN ROAD al0 �1C��Q-P V / 2007047674 A=1010'19" P.R.J.C.T. mlow 0", / R=1202.26' L=24.59' I / CB=S51°18'41"W OF T J/ CL=24.59' `c. S TER �q °. MICHAEL DAN DAVIS ........................ 4838 -.0 DES S 1 PO� U p"q / IRF / \n LEGEND GENERAL NOTES: O DIMENSION POINT, NOTHING FOUND OR SET 1. All bearings shown herein are Texas Coordinate System, UNLESS NOTED OTHERWISE NAD83 (CORS), Texas South Central Zone (4204). All distances O.P.R.J.C.T. OFFICIAL PUBLIC RECORDS, JEFFERSON COUNTY, TEXAS shown herein are surface distances. D.R.J.C.T. DEED RECORDS, JEFFERSON COUNTY, TEXAS P.R.J.C.T. PLAT RECORDS, JEFFERSON COUNTY, TEXAS 2. All iron rods found (IRF) are 5/8-inch with a plastic Cap Project No. 046-15-03 Date: 4/27/2016 Page 2 of 3 1 Checked By: MD2 stamped "RPLS 4838", set January 2016. 10' WATER LINE EASEMENT EXHIBIT ""BANNISTER 4135 NORTH DOWLEN ROAD PORTION OF LOT 1A SCALE: , = 20' �1 E N G I N E E R I N G WAL-MART STORES SUBDIVISION 0. 10' 20' 240 North Mitchell Road I Mansfield, Tx 76063 1 817.842.2094i 817.842.2095 fax CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS THPLS REGISTRATION NO.10193823 EXHIBIT "A" CO�CORO Y a 105 OSEDALE RO EDALE o O�� g COLE 69 z 96 w 287 0 0 QO 0 0 EASEMENT LOCATION SITE I I I OWLEN Lu t� w o v VICINITY MAP NOT TO SCALE B EA U M O N T, TEXAS ' Project No. 046-15-03 I Date: 4/27/2016 I Page 3 of 3 1 Checked By: MD2 1 10' WATER LINE EASEMENT EXHIBIT 4135 NORTH DOWLEN ROAD PORTION OF LOT 1A WAL-MART STORES SUBDIVISION CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS '"BANNISTER E N G I N E E R I N G 240 North Mitchell Road I Mansfield, TX 76063 1817.842.20941 817.842.2095 fax TBPLS REGISTRATION NO. 10193823 EXHIBIT "B" LEGAL LAND DESCRIPTION 10' WATER LINE EASEMENT BEING a portion of that certain tract of land in the Frederick Bigner Survey, Abstract No. 1, City of Beaumont, Jefferson County, Texas, described as Lot 1A, Wal-Mart Stores Subdivision (hereinafter referred to as Lot 1A), an addition to the City of Beaumont, Jefferson County, Texas, according to the Plat thereof recorded in Instrument Number 2007047674, Plat Records, Jefferson County, Texas (P.R.J.C.T.), and being more particularly described, by metes and bounds, as follows: COMMENCING at the Southeast corner of said Lot 1A, same being the Southerly Southwest corner of that certain tract of land described in a Warranty Deed to LA TEX INVESTORS, LP, as recorded in Instrument Number 2001041210, Deed Records, Jefferson County, Texas, same also being the existing Northwesterly right-of-way line of Dowlen Road (100' right-of-way) as recorded in Volume 1711, Page 47, Deed Records, Jefferson County, Texas (D.R.J.C.T.), same being the beginning of a curve to the left, whose long chord bears South 51 degrees 18 minutes 41 seconds West, a distance of 24.59 feet; THENCE Southwesterly with the common line between said Lot 1A and the existing Northwesterly right-of-way line of said Dowlen Road and with said curve to the left having a radius of 1202.26 feet, through a central angle of 1 degrees 10 minutes 19 seconds, for an arc distance of 24.59 feet to a Southerly corner of a 20' Utility Easement as recorded in Volume 15, Page 277, P.R.J.C.T.; THENCE North 03 degrees 06 minutes 37 seconds West, departing the existing Northwesterly right-of-way line of said Dowlen Road and crossing said Lot 1A and with a Westerly line of said 20' Utility Easement, a distance of 71.03 feet to the PLACE OF BEGINNING; THENCE continue crossing said Lot 1A for the following 4 courses: 1. South 86 degrees 40 minutes 10 seconds West, departing the Westerly line of said 20' Utility Easement, a distance of 46.40 feet to the East line of that certain tract of land described in a Special Warranty Deed to CFT NV Developments, LLC (hereinafter referred to as CFT NV Developments tract), as recorded in Instrument Number 2016001783, Official Public Records, Jefferson County, Texas; 2. North 03 degrees 19 minutes 50 seconds West with the East line of said CFT NV Developments tract, a distance of 10.00 feet to an "X" cut found in concrete pavement for the Northeast corner of said CFT NV Developments tract; 3. North 86 degrees 40 minutes 10 seconds East, a distance of 46.43 feet to a Westerly line of the aforesaid 20' Utility Easement; 4. South 03 degrees 06 minutes 37 seconds East with the Westerly line of said 20' Utility Easement, a distance of 10.00 feet to the PLACE OF BEGINNING. U"BANNISTER 1 E N G I N E E R I N G 240 North Mitchell Road I Mansfield, TX 76063 1817.842.2094 1817.842.2095 fax THPLS REGISTRATION NO. 10193623 EXHIBIT "B" l REMAINDER OF LOT 1A I I I I ACCESS WAL-MART STORES SUBDIVISION I EASEMENT I INSTRUMENT NUMBER 2007047674 LA TEX INVESTORS, LP I I INSTRUMENTP.R.J.C.T. I INSTRUMENT NUMBER ER I I I I 2001041210 2016001784 I I I D.R.J.C.T, O.P.R.J.C.T. I I I I FOUND X- CUT IN CONCRETE N860 40' 10"E 46.43 �503° 06' 3/"E 10.00' I PLACE OF S860 40' 10"W 46.40' I BEGINNING 15' BUILDING LINE_ _ _ I t— PER ZONING I I 12 Lu H ,� 10 WATER LINE 60' ACCESS EASEMENT o � No3 19 5o W 10.00 I I w N EASEMENT Q o- ~ I � INSTRUMENT NUMBER LU Lu I ¢ 94-9440812 F (SHADED) I w I W a v I D.R.J.C.T. 40,926 SQUARE FEET 464 SQUARE FEET I ? I w / I OR 0.940 ACRE I o a OR 0.011 ACRE I o 0 CFT NV DEVELOPMENTS, I � > J i 0> LLC 0 / INSTRUMENT NUMBER 2016001783 I O.P.R.J.C.T. REMAINDER OF LOT 1A / I WAL-MART STORES SUBDIVISION I I PORTION OF LOT 1A I INSTRUMENT NUMBER 2007047674 o I WAL-MART STORES SUBDIVISION I P.R.J.C.T. z I I I PLACE OF INSTRUMENT NUMBER I <� I I COMMENCING 2007047674 I 4� I I SOUTHEAST CORNER OF v P.R.J.C.T. z G� � 'y I LOT lA, WAL-MART ADDRESS: �Iz STORES SUBDIVISION `ri �� I INSTRUMENT NUMBER 4135 N. DOWLEN ROAD - 0 �1� I / 2007047674 A=1°10'19" P.R.J.C.T. / m a ��y R=1202.26' L=24.59' CB=S51°18'41"W 0 F Pe J CL=24.59' �� .` T'� F-• ....................... P M1CH.EL D.... DAVIS .......................... 4838 / U'0 IRF LEGEND GENERAL NOTES: O DIMENSION POINT, NOTHING FOUND OR SET 1. All bearings shown herein are Texas Coordinate System, UNLESS NOTED OTHERWISE NAD83 (CORS), Texas South Central Zane (4204). All distances O.P.R.J.C.T. OFFICIAL PUBLIC RECORDS, JEFFERSON COUNTY, TEXAS shown herein are surface distances. D.R.J.C.T. DEED RECORDS, JEFFERSON COUNTY, TEXAS P.R.J.C.T. PLAT RECORDS, JEFFERSON COUNTY, TEXAS 2. All iron rods found (IRF) are 5/8-inch with a plastic cap Project No. 046-15-03 Date: 4/27/2016 Page 2 of 3 Checked By: MD2 stamped "RPLS 4838", set January 2016. 10' WATER LINE EASEMENT EXHIBIT 4135 NORTH DOWLEN ROAD 1' B A N N I S T E R PORTION OF LOT 1A SCALE: 1" = 20' E N G I N E E R I N G WAL-MART STORES SUBDIVISION CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS 0' 10' 20 �1 240 North Mitchell Road I Mansfield, TX 76063 1817.842.2094 1817.842.2095 fax _.: TBPLS REGMTRATION NO.10193823 EXHIBIT "B" W Y co u u Nc o a N a 105 OSEDALE O O RO EDALE 0 00 g COLE 69 c rc Z 96 uj 287 0 0° 0 0 0 EASEMENT LOCATION I I SITE I p\NLEN �o VICINITY MAP NOT TO SCALE BEAUMONT, TEXAS Project No. 046-15-03 Date: 4/27/2016 Page 3 of 3 Checked By: MD2 10' WATER LINE EASEMENT EXHIBIT '"BANNISTER 4135 NORTH DOWLEN ROAD PORTION OF LOT 1A L 1 E N G I N E E R I N G WAL-MART STORES SUBDIVISION ll, 240 NoMitchell Road I MansflNd, TX 76063 1 817.842.20" 1817.842.2095 fax CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS J TBPL5 REGlsraaTloN No. 10193823