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HomeMy WebLinkAboutRES 16-094RESOLUTION NO. 16-094 WHEREAS, CNA Rental Management, LLC has agreed to convey a twenty foot (20') wide exclusive water and sewer line easement, said easement being a 0.13 acre tract out of a 2.89 acre tract, situated in the A. Huston Survey, Abstract No. 33 as described and shown in Exhibit 1," attached hereto, to the City of Beaumont for the construction of a new convenience store located at 3529 North Major Drive; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted, - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT.- THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT a twenty foot (20') wide exclusive water and sewer line easement conveyed by CNA Rental Management, LLC, being a 0.13 acre tract out of a 2.89 acre tract, situated in the A. Huston Survey, Abstract No. 33 as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of May, 2016. yor ecky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: WATER AND SEWER LINE EASEMENT THAT, CNA RENTAL MANAGEMENT, LLC, a Texas 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 and sewer 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 `Basement Area"). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water and sewer 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 EXHIBIT 1" 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 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 GRANTOR: CNA Rental Management, LLC, a Texas limited liability company By: Printed Name: Title: Member Christopher Truong STATE OF TEXAS COUNTY OF JEFFERSON day of , 2016. ACKNOWLEDGMENT M VA This instrument was acknowledged before me on this the day of , 2016, by Christopher Truong, Member of CNA Rental Management, LLC, a Texas limited liability company, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed in the capacity therein stated on behalf of and as the act and deed of said CNA Rental Management, LLC. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2016. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors E-MAIL ADDRESS INFO@FAUSTENG.COM 2525 Calder Street Beaumont, Texas 77702 Surveying Firm Registration No. 100024-00 Engineering Firm Registration No. 4800 Telephone (409) 813-3410 Fax (409) 813-3484 EXHIBIT A PAGE 1 OF 2 FIELD NOTE DESCRIPTION FOR A 0.18 ACRE TRACT (7,794.4 SQUARE FEET), 20' WIDE EXCLUSIVE WATER AND SANITARY SEWER EASEMENT OUT OF ALMANZON HUSTON SURVEY ABSTRACT NO. 33 JEFFERSON COUNTY, TEXAS MAY 18, 2016 THAT CERTAIN 0.18 acre tract (7,794.4 square feet) of land out of the Almanzon Huston Survey, Abstract No. 33, and being out of a 2.89 acre tract conveyed to CNA Rental Management, LLC, as described in Clerk's File Number 2015035231 of the Real Property Records of Jefferson County, Texas; said 0.18 acre tract being more particularly described by metes and bounds as follows: (BASIS OF BEARINGS IS THE TEXAS STATE PLANE COORDINATE SYSTEM, TEXAS SOUTH CENTRAL ZONE, CONVERGENCE 02°21'23", SCALE FACTOR 0.999953528, NAD 1983) BEGINNING at a 1/2" rebar found in west right-of-way line of North Major Drive; said rebar being the southeast corner of a tract conveyed to Beaumont Providence, LP, as described in Clerk's File Number 2014008926 of the Real Property Records of Jefferson County, Texas, and being the northeast corner of the herein described tract; THENCE South 02°52'54" East (called South 00°01'20" West) along the west right-of-way line North Major Drive and the east line of the said CNA Rental Management, LLC, tract, a distance of 389.73 feet to a 1/2" rebar set and capped "FAUST" for the southeast corner of the herein described tract; THENCE South 8707'06" West, a distance of 20.00 feet, to a 1/2" rebar set and capped "Faust" for the southwest corner of the herein described tract; THENCE North 02°52'54" West, a distance of 389.71 feet, to a 1/2" rebar set and capped "Faust" on the south line of the said Providence, LP, tract and the north Exhibit A 20ft EW&SSE.docx PAGE 1 EXHIBIT A PAGE 2 OF 2 line of said CNA Rental Management, LLC, tract; said rebar being the northwest corner of the herein described tract; THENCE North 8704'43" East (called North 8959'14" East) along the south line of the said Providence, LP, and the north line of the said CNA Rental Management, LLC, tract a distance of 20.00 feet to the POINT OF BEGINNING and containing 0.18 acres (7,794.4 square feet) of land, more or less. This description and the accompanying plat were prepared from a survey performed under the supervision of Richard F. Faust, P.E., Registered Professional Land Surveyor No. 4782 on May 18, 2016. OF T� P••c,� s TF9•.f Richard F. Faust, P.E. Registered Professional Land Surveyor No. 4782 f�C9HoA.R.D..K APUS .... .`9AOvO.�� PAGE 2 2.89 acres C.F. NO. 2015035231 J C. R. P. R. SET 112- 33.69 ACRE TRACT RE -BAR REMAINDER OF 44.787 ACRE TRACT CAPPED N 02 5254 ' W 389.71' CLERKS RLE NO.S 87'07'06" W 20.00' zO{0043851 SET 1/2' 20' EXCLUSIVE WATER qND SANITARY SEWER EASEMENT JCR, P. R. REBAR 7,794.4 Sq. Ft. APP -M k - ---- --------_—_—_—_ 50252'54"E 389.73'— ---- -- (CALLED S 000I2O" W) REGISTERED PROFESSIONAL LAND SURVEYOR N0. 4782 SURVEY REGISTRATION FIRM NO. 100024-00 C P'5 ENGINEERING AND SURVEYING, INC. PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS 2525 CALDER STREET w BEAUMONT, TEXAS 77702 * (409) 813-3410 ENGINEERING FIRM NO, 4800 4 SURVEYING FIRM NO.IODD24-00 3529 NOR TH MAJOR DRIVE EXHIBI r B PAGE I OF 1 TO ACCOMPANY DESCRIPTION OF A 0. 18 ACRE (7,794.4 SQUARE FEET) 20 FEET WIDE EXCL USI VE WATER AND SANITARY SEWER EASEMENT OUT OF A 2.89 ACRE TRACT ALMANZON HUSTON SURVEY, ABSTRACT NO. 33 BEAUMONT, JEFFERSON COUNTY, TEXAS SET 112- N 87'04'43" E 20.00' (CALLED N 89"59'14" E) _ z SCALE 1"-- 40' BASIS OF BEARINGS IS THE 7EXA5 STATE PLANE .000RDINA7E SYSTEM, TEXAS SOUTH CENTRAL ZONE, CONVERGENCE 027123' SCALE FACTOR 0.999953528, NAD 1983 ELEVA17ONS ARE GPS DERIVED NAW 88 i rC£N7ERP01NT ENERGY CAS PIPELINE - 18005456005 NOW OR FORMERLY BEAUMONT PRONDENCE, LP CLERK'S FLE NO. 2014008926 JCR.PJ2. FOUND 1/2" I NCINITY MAP N. 7 S II�IIIIIIIIII�III�IIWIIQ E,,;.. 2016016022 STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER AND SEWER LINE EASEMENT THAT, CNA RENTAL MANAGEMENT, LLC, a Texas 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 and sewer 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 and sewer 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 parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page Follows] EXECUTED this day of , 2016. GRANTOR: CNA Rental Management, LLC, a Texas limited liability company By: Printed N e:' Chri er Truo Title: Member ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of 2016, by Christopher Truong, Member of CNA Rental Management, LLC, a Texas limited liability company, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed in the capacity therein stated on behalf of and as the act and deed of said CNA Rental Management, LLC. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this /� day of ' 2016. i-11 .� MACEDONIA ALBARRAN-SESMAS �` av a".. Notary Public, State of Texas / My Commission Expires Kr= October 19, 2016 Notary Pubh , to of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors Telephone (409) 813-3410 E-MAIL ADDRESS INFO@FAUSTENG.COM Fax (409) 813-3484 2525 Calder Street Beaumont, Texas 77702 Surveying Firm Registration No. 100024-00 Engineering Firm Registration No. 4800 EXHIBIT A PAGE 1 OF 2 FIELD NOTE DESCRIPTION FOR A 0.18 ACRE TRACT (7,794.4 SQUARE FEET), 20' WIDE EXCLUSIVE WATER AND SANITARY SEWER EASEMENT OUT OF ALMANZON HUSTON SURVEY ABSTRACT NO. 33 JEFFERSON COUNTY, TEXAS MAY 18, 2016 THAT CERTAIN 0.18 acre tract (7,794.4 square feet) of land out of the Almanzon Huston Survey, Abstract No. 33, and being out of a 2.89 acre tract conveyed to CNA Rental Management, LLC, as described in Clerk's File Number 2015035231 of the Real Property Records of Jefferson County, Texas; said 0.18 acre tract being more particularly described by metes and bounds as follows: (BASIS OF BEARINGS IS THE TEXAS STATE PLANE COORDINATE SYSTEM, TEXAS SOUTH CENTRAL ZONE, CONVERGENCE 02-21'23", SCALE FACTOR 0.999953528, NAD 1983) BEGINNING at a 1/2" rebar found in west right-of-way line of North Major Drive; said rebar being the southeast corner of a tract conveyed to Beaumont Providence, LP, as described in Clerk's File Number 2014008926 of the Real Property Records of Jefferson County, Texas, and being the northeast corner of the herein described tract; THENCE South 02'52'54" East (called South 00'01'20" West) along the west right-of-way line North Major Drive and the east line of the said CNA Rental Management, LLC, tract, a distance of 389.73 feet to a 1/2" rebar set and capped "FAUST" for the southeast corner of the herein described tract; THENCE South 87'07'06" West, a distance of 20.00 feet, to a 1/2" rebar set and capped "Faust" for the southwest corner of the herein described tract; THENCE North 02'52'54" West, a distance of 389.71 feet, to a 1/2" rebar set and capped "Faust" on the south line of the said Providence, LP, tract and the north Exhibit A 20ft EW&SSE.doex PAGE 1 EXHIBIT A PAGE 2 OF 2 line of said CNA Rental Management, LLC, tract; said rebar being the northwest corner of the herein described tract; THENCE North 87'04'43" East (called North 89°59'14" East) along the south line of the said Providence, LP, and the north line of the said CNA Rental Management, LLC, tract a distance of 20.00 feet to the POINT OF BEGINNING and containing 0.18 acres (7,794.4 square feet) of land, more or less. This description and the accompanying plat were prepared from a survey performed under the supervision of Richard F. Faust, P.E., Registered Professional Land Surveyor No. 4782 on May 18, 2016. OF T STF'�f Richard F. Faust, P.E. Registered Professional Land Surveyor No. 4782 <�9F'•9 .......................... RICHARD ... FAUST :A4782 �Qv *0- S9s UFt PAGE 2 2.89 acres C.F. NO. 2015035231 J.C. R. P. R. SET 1/2- 33.69 ACRE TRACT REBAR N 02 52 54 „ W 389. 71 ' REMAINDER OF 44, 787 ACRE TRACT CAPPED CLERK'S FILE NO. S 87*07'06" W 20.00' 2010043851 20 ' EXCL USI VE WATER AND SANITARY SEWER EASEMENT J.C.R.P.R. SET REBAR2" 7,794.4 Sq. Ft. CAPPED ------- ------ S 0252'S4"E. 389.73'— — -- - -- (CALLED S 000120" W) REGISTERED PROFESSIONAL LAND SURVEYOR N0. 4782 SURVEY REGISTRATION FIRM NO. 100024-00 CC -"- Al, T INEERING AND SURVEYING, INC. PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS 2525 CALDER STREET ■ BEAUMONT, TEXAS 77702 • (409) 813-3410 ENGINEERING FIRM NO. 4800 " SURVEYING FIRM N11.10D024-00 3529 NORTH MAJOR DRIVE EXHIBI T 8 PAGE 1 OF 1 TO ACCOMPANY DESCRIPTION OF A 0.18 ACRE (7,794.4 SQUARE FEET) 20 FEET WIDE EXCLUSIVE WATER AND SANITARY SEWER EASEMENT OUT OF A 2.89 ACRE TRACT ALMANZON HUSTON SURVEY, ABSTRACT NO. 33 BEAUMONT. JEFFERSON COUNTY, TEXAS I � CENTERPOINT ENERGY GAS PIPELINE - 18005436005 i IV NOW OR FORMERLY I BEAUMONT PRONDENCE, LP. CLERK'S FILE NO. 2014008926 SET 1 2" I J CR.P.R. REBAR CAPPED FOUND 112" N 87'04'43" E 20.00, REBAR (CALLED N 8959'14" E) I 1NNlN y11YV Z SCALE I"= 40' BASIS OF BEARINGS IS THE TEXAS STATE PLANE .COORDINATE SYSTEM, TEXAS SOUTH CENTRAL ZONE. CONVERGENCE 022123', SCALE FACTOR a999953528, NAD 7983 ELEVATIONS ARE GPS DERIVED NAVD 88 NCIN/TY MAP N. T S