HomeMy WebLinkAboutRES 16-119RESOLUTION NO. 16-119
WHEREAS, The Pointe Beaumont, LLC and Promise Properties, LLC have
agreed to convey a ten foot (10') wide water line easement, said easement being a
0.004 acre tract out of a 6.92 acre tract situated in the W.B. Dyches Survey, Abstract
No. 17 as described and shown in Exhibit "1," attached hereto, to the City of Beaumont
for the construction of new apartments located at 4165 Old Dowlen Road; and,
WHEREAS, the City Council has considered the purpose of said conveyance
and is of the opinion that the acceptance of said conveyance is necessary and desirable
and that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT a ten foot (10') wide water line easement conveyed by The Pointe
Beaumont, LLC and Promise Properties, LLC, being a 0.004 acre tract out of a 6.92
acre tract situated in the W.B. Dyches Survey, Abstract No. 17 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 5th day of
July, 2016.
STATE OF TEXAS X
COUNTY OF JEFFERSON X
KNOW ALL MEN BY THESE PRESENTS:
WATER LINE EASEMENT
THAT, THE POINTE BEAUMONT, LLC & PROMISE PROPERTIES, LLC,
Delaware limited liability companies, hereinafter called "GRANTOR", whether one or more, for
and in consideration of the sum of ONE AND N0/100 DOLLAR ($1.00), and other good and
valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal
corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt
and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF
BEAUMONT, P. 0. 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 Exhibits "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 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
EXHIBIT "1"
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:
The Pointe Beaumont, LLC, a Delaware limited liability company
By: Bailey Properties, LLC, an Arkansas limited liability company
By: BSR Trust, LLC, a Delaware limited liability company, Sole Member
Daniel M. Oberste, Chief Investment
Officer & Secretary
Promise Properties, LLC, an Arkansas limited liability company
Robert S. Shafer, Authorized Manager
(INTENTIONALLY LEFT BLANK)
ACKNOWLEDGMENT
STATE OF ARKANSAS X
COUNTY OF PULASKI X
This instrument was acknowledged before me on this the day of ,
2016, by Robert S. Shafer, Authorized Manager, of Promise Properties, LLC, an Arkansas
limited liability company, known to me to be the person name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed and in the capacity therein stated as the act and deed of said
partnership and its general partner.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2016.
Notary Public, State of Arkansas
STATE OF ARKANSAS X
COUNTY OF PULASKI X
This instrument was acknowledged before me on this the day of ,
2016, by Daniel M. Oberste, Chief Investment Officer & Secretary, of The Pointe Beaumont,
LLC, a Delaware limited liability company, known to me to be the person name is subscribed to
the foregoing instrument and acknowledged to me that he executed the same for the purposes
and consideration therein expressed and in the capacity therein stated as the act and deed of said
partnership and its general partner.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2016.
Notary Public, State of Arkansas
RETURN TO: CityofBeaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
410 N. Seguin Ave.
New Braunfels, TX 78130
LiLaw HMTNB.COM
830.625.8555 • FAX: 830.625,8556
ENGINEERING&SURVEYING TBPE FIRM F-10961
METES AND BOUNDS DESCRIPTION
FOR A
0.004 ACRE EXCLUSIVE WATERLINE EASEMENT
(TRACT 4)
Being a 0.004 of an acre Waterline Easement situated in the W.B. Dyches Survey, Abstract No. 17,
Jefferson County, Texas, and being out of a 6.92 acre tract described In Document No. 2015011133,
Official Public Records, Jefferson County, Texas, said 0.004 of an acre Waterline Easement being further
described as follows: '
BEGINNING at a point in the South line of the said 6.92 acre tract, common with the North line of a called
14.35 acre tract, described in Document No. 2004032108, Official Public Records, Jefferson County, Texas,
from which a 1/2 iron pin found for a Southeast corner of the said 6.92 acre tract bears N 84' 16' 46" E a
distance of 92.95 feet;
THENCE across the said 14.35 acre tract, the following three (3) calls;
1. S 28' 03' 43" E a distance of 16.43 feet to a point for corner;
2. 5 84' 13' 19" W a distance of 10.81 feet to a point for corner;
3. N 28' 03'43" W a distance of 16.44 feet to a point for corner, in the South line of the said 6.92
acre tract, common with the North line of said 14.36 acre tract, from which a
THENCE along the South line of the said 6.92 acre tract, common with the North line of said 14.36 acre
tract, N 84' 16'46" E a distance of 10.81 feet to the POINT OF BEGINNING containing 0.004 of an acre of
land in Jefferson County, Texas.
Bearings are based upon Texas Coordinate System, South Central Zone (4204), NAD 83.
Reference exhibit of said 0.004 of an acre Waterline Easement prepared the same date. p F r a
MAr�K F COPILAN
ark F. Conlan �go52,� 0�
Registered Professional Land Surveyor No. 63420 UJB
NA ProjectsW08 - Herman & Kittle Properlies1008.005 - Beaumont, TX Multi -Family Devclopmcn008.005.104 - Additional
EasemcntslEasmen1-trac14. docx
EXHIBIT "B"
TRACT 4 - 0,004 AC. WATERLINE EASEMENT
BEARINGS ARE BASED UPON TEXAS COORDINATE SYSTEM, SOUTH CENTRAL ZONE
(4204), NAD 83.
REFERENCE METES AND BOUNDS DESCRIPTION OF THIS EXHIBIT PREPARED THE
SAME DATE
CALLED 6.92 AC. TRACT
DOC. NO. 2015011133
O.P.R.J.C.T.
N84'16'46"E
20' RIGHT—OF—WAY EASEMENT 10.81'
DOC. NO. 2004028793
211.23'---- ---
_ - - - - - - - - - - - - N28'03'43"WJ
TRACT 4
--- --- 16.44'
CALLED 14.35 AC. TRACT
DOC. NO. 2004032108
/ O.P.R.J.C.T.
} 410 N. SEGUIN AVE.
NEW BRAUNFELS.
F TEXAS. 78130
r WWW.HMTNB.COM
ENGINEERING MSURVEYING I PH:(830)a25-8555
= FND 1/2" IRON PW
OP.RJ.C.T, • OFFICIAL PUSUC RECORDS
OF JEFFERSON COUNTY. TEXAS
P.0.9_ POINT OF BEGINNING
I
I
i
4g E" 92,95' _
1184.164---`�--
`-S28'03'43"E
\ 16.43'
\ \ S84`I3'19"W
\ \ 10.81'
\ \
10' WATERLINE EASEMENT
\ DOC. 110. 2007022072
SCALE: 1-=40'
tlRIN�WIM.YIIN�YIIA�YII� Epy - 2016923408
YmgY11RWYtl IIIW IIYA
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, THE POINTE BEAUMONT, LLC & PROMISE PROPERTIES, LLC,
Delaware limited liability companies, 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 Exhibits "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 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 21 day of Jq n (,- , 2016.
GRANTOR:
The Pointe Beaumont, LLC, a Delaware limited liability company
By: Bailey Properties, LLC, an Arkansas limited liability company
By: BSR Trust, LLR-
D"i-fvfelaw a limited liability company, Sole Member
By: -,.- fl, -P "-
O erste, Chief Investment
Officer & Secretary
Promise Properties, LLC, an Arkansas limited liability company
Robert S. Shafer, Authorized Manager
EXECUTED this 2 1 day of Jo('- , 2016.
GRANTOR:
The Pointe Beaumont, LLC, a Delaware limited liability company
By: Bailey Properties, LLC, an Arkansas limited liability company
By: BSR Trust, LLC, a Dclaw re limited liability company, Sole Member
By: �/ —P " '�-
Da ' I M. O erste, Chief Investment
Officer & Secretary
Promise Properties, LLC, an Arkansas limited liability company
By: / ''�'I� ►�
Robert S. Shafer, Authorized Manager
STATE OF ARKANSAS
COUNTY OF PULASKI
(INTENTIONALLY LEFT BLANK)
ACKNOWLEDGMENT
X
X
This instrument was acknowledged before me on this the c� / day of J (iL h'e' ,
2016, by Robert S. Shafer, Authorized Manager, of Promise Properties, LLC, an Arkansas
limited liability company, known to me to be the person name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed and in the capacity therein stated as the act and deed of said
partnership and its general partner.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this -;� / day of JI�i �, 2016.
WL'u4bL-P
8"n'e—
'-Noytry Public, Stat of Arkansas
STATE OF ARKANSAS X
COUNTY OF PULASKI X
This instrument was acknowledged before me on this the --� 1 day of
2016, by Daniel M. Oberste, Chief Investment Officer & Secretary, of The Pointe Beaumont,
LLC, a Delaware limited liability company, known to me to be the person name is subscribed to
the foregoing instrument and acknowledged to me that he executed the same for the purposes
and consideration therein expressed and in the capacity therein stated as the act and deed of said
partnership and its general partner.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this a 1 day of 52016.
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
N61ary Public, State bf Arkansas
P.ul�uii
80
39,
lop
r10TAp
s r PUBLIC " I
.... .....__...... .
410 N. Seguin Ave.
New Braunfels, TX 78130
HMTNB.COM
830.625.8555 • FAX: 830.625,5556
ENGINEERING & SURVEYING TBPE FIRM F-10951
METES AND BOUNDS DESCRIPTION
FOR A
0.004 ACRE EXCLUSIVE WATERLINE EASEMENT
{TRACT 4)
Being a 0.004 of an acre Waterline Easement situated in the W.B. Dyches Survey, Abstract No. 17,
Jefferson County, Texas, and being out of a 6.92 acre tract described in Document No. 2015011133,
Official Public Records, Jefferson County, Texas, said 0.004 of an acre Waterline Easement being further
described as follows:
BEGINNING at a point in the South line of the said 6.92 acre tract, common with the North line of a called
14.35 acre tract, described in Document No. 2004032108, Official Public Records, Jefferson County, Texas,
from which a 1/2 iron pin found for a Southeast corner of the said 6.92 acre tract bears N 84' 16' 46" E a
distance of 92.95 feet;
THENCE across the said 14.35 acre tract, the following three 13) calls;
1. S 28' 03' 43" E a distance of 16.43 feet to a point for corner;
2. S 84° 13' 19" W a distance of 10.81 feet to a point for corner;
3. N 28° 03' 43" W a distance of 16.44 feet to a point for corner, in the South line of the said 6.92
acre tract, common with the North line of said 14.36 acre tract, from which a
THENCE along the South line of the said 6.92 acre tract, common with the North line of said 14.36 acre
tract, N 84" 16' 46" E a distance of 10.81 feet to the POINT OF BEGINNING containing 0.004 of an acre of
land in Jefferson County, Texas.
Bearings are based upon Texas Coordinate System, South Central Zone (4204), NAD 83.
Reference exhibit of said 0.004 of an acre Waterline Easement prepared the same date.
�� �s .-,,,."r"'��'`..—„"..' �n :.`?-•�• � • �GP ;LAB I%%
'ark F. Canlan:,Qn G3 ; Q?�fi'
s
a1 res.= _•r 7
Registered Professional Land Surveyor No. 6342 LS U r
N::',. Proicct"08 • Herman & tittle Pmpcnies,00&005 • Beaumont. TX Multi -Family Dcvclopmene,008.005,104 - Additional
Eascmcnts''Easmcnt-ttact4-docx
EXHIBIT "B"
TRACT 4 - 0.004 AC. WATERL;NE EASEMENT
BEARINGS ARE BASED UPON TEXAS COORDINATE SYSTEM, SOUTH CENTRAL ZONE
(4204), NAD 83,
REFERENCE METES AND BOUNDS DESCRIPTION OF THIS EXH-B:T PREPARED THE
SAME DATE.
CALLED 6.92 AC. TRACT
DOC, NO.2015011133
O.P.R.J.C.T.
N84'16'46"E
20' RIGHT-OF-WAY EASEMENT 10.81'�
DOC. NO. 2004028793
211.23J_`
- N28'03'43"W J
TRACT 4 16.44'
CALLED 14.35 AC. TRACT
/ DOC, NO.2004032108
O.P.R.J.C.T.
410 N. SEGUIN AVE..
riu7w 0 NEW BRAUNFELS,
TEXAS, 75130
WWW.HMTNB.COM
ENGINEERING&SURVEYING PH:(830)625-8555
LEGEND
f m FND 1/2' IRON PIN
O.P.R.J.C.T. . OFFICIAL PUBLIC RECORDS
OF JEFFERSON COUNTY, TEXAS
P.0.9. POINT OF BEGINNING
SCALE: 1'-40'
P.O.B.
�-- N84 46'1 6 E 92.95'
S28*03'4YE
\ 16.43'
\ \ S84`1 V 9"W
\ \
\ \ 10.81,
\ \
--"-"'�-•-. 10' WATERLINE EASEMENT
\ \ % 00C NO. 200'.5022077
\ \