HomeMy WebLinkAboutRES 16-126RESOLUTION NO. 16-126
WHEREAS, ISC Properties, LLC has agreed to convey one (1) ten foot (10')
wide water line easement, said easement being a 0.009 acre tract situated in the C.
Williams Survey, Abstract No. 59 as described and shown in Exhibit "1," attached
hereto, to the City of Beaumont for the construction of a new office and warehouse
located at 6350 Walden Road; and,
WHEREAS, the City Council has considered the purpose of said conveyance
and is of the opinion that the acceptance of said conveyance is necessary and desirable
and that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT one (1) ten foot (10') wide water line easement conveyed by ISC
Properties, LLC, being a 0.009 acre tract situated in the C. Williams Survey, Abstract
No. 59 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 26th day of
Y r,
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, ISC PROPERTIES, LLC, a Louisiana 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", attached and made a part hereof
for all purposes (the `Basement Area").
The Easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related
appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of
Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and
use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement
and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the
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]
Y
EXECUTED this day of , 2016.
GRANTOR:
ISC Properties, LLC
a Louisiana Limited Liability Company
its General Partner
By: ISC Constructors, LLC
a Texas Limited Liability Company, its sole member
By:
Printed Name: Craig Messer
Title: Vice President
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this the day of ,
2016, by Craig Messer, Vice President of ISC Constructors, LLC, a Texas Limited Liability
Company, its sole member, on behalf of said limited liability company as the general partner of
ISC PROPERTIES, LLC, a Louisiana Limited Liability Company, on behalf of said limited
partnership.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2016.
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
Notary Public, State of Texas
Fittz &Shipman
INC.
Consulting Engineers and Land Surveyors
Ronald D. Fittz, P.E., R.P.L.S. (1948-1987) Donald R. King, P.E.
Terry G. Shipman, P.E., Chairman Mitchell Lee Brackin R.P.L.S.
Billy J. Smith, Jr., President
June 23, 2016 Exhibit "A"
Field Note Description of a 10.00' wide Permanent Water Easement
Being 10.00' wide tract of land for easement purpose containing 0.009 acres lying in the C.
WILLAIMS SURVEY, Abstract No. 59 in Jefferson County, Texas, said 10.00' wide tract of land
being out of and a portion of that certain 2.50 acre tract of land described in an instrument to ISC
Properties, LLC of record in County Clerk's File No. 2004011536 of the Official Public Records of
Jefferson County, Texas, said 10.00' wide tract of land being more particularly described as follows:
BEGINNING at a 3/4" Rod found marking the North right-of-way line of Walden Road (a public
roadway), the Southeast corner of that certain 4.537 acre tract of land described in an instrument to Megas
& Megas Investments, LLP of record in County Clerk's File No. 2004020374 bf the said Official Public
Records, the Southwest corner of the said 2.50 acre tract and being the Southwest corner of the herein
described tract;
THENCE N 02041144" W along and with the East line of said 4.537 acre tract, the West line of the said
2.50 acre tract and the West line of the herein described tract for a distance of 38.49' marking a point on
the East line of said 4.537 acre tract, the West line of the said 2.50 acre tract and being the Northwest
corner of the herein described tract,
THENCE N 87028'44" E, over and across the said 2.50 acre tract and with the North line of the herein
described tract for a distance of 10.00' to the Northeast corner of the herein described tract;
THENCE S 02041'44" E, over and across the said 2.50 acre tract and the East line of the herein
described tract for a distance of 38.00' marking a point of the North right-of-way of said Walden Road,
the South line of the said 2.50 acre tract and being the Southeast corner of the herein described tract;
THENCE S 87028'44" W along and with the North right-of-way line of said Walden Road and the South
line of said 2.50 acre tract for a distance of 1.62' marking an angle point on the North right -of -line of
said Walden Road, the South line of said 2.50 acre tract and being an angle point on the South line of the
herein described tract;
THENCE S 84006'19" W along and with the North right-of-way line of said Walden Road, the South
line of said 2.50 acre tract and the South line of herein described tract for a distance of 8.39' to the
POINT AND PLACE OF BEGINNING, containing in area, 0.009 acres of land, more or less.
Plat of even date accompanies this Field Note Description. File No. 15063-ISC Properties, LLC
1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303
Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100186
C. Williams Survey
Abstract 59, of
Jefferson County, Texas rK
0 10 20
iii
S C A L E
Remainder of
ISC Properties, LLC
Clerk's File No. 2004011536 OPRJCT
(Called 2.50 acres)
Megas & Megas Investments LLP
Clerk's File No. 2004020374 OPRJCT
(Called 4.537 acres) L2
Subject Property IM
10.00 Water Easement I -�
(0.009 acres)
JI I
Found 3/4'
I I
Iron Rod
POB 5 L4
Walden Road
Exhibit "A"
Surveyor's Notes:
1) Field Note Description of even date
accompanies this plat.
(2) All bearings are based on Texas State Plane
Coordinate System, South Central Zone (4304).
Line Table
Line #
Direction
Length
L1
NO2'41'44"W
38.49
L2
N87'28'44"E
10.00
L3
S02'41'44"E
38.00
L4
S87'28'44"W
1.62
L5
S84'06'19"W
8.39
Mitchell
..........................
Lee Brackin
A
`q POFES
5163 Q .
5�0�'
Mitchell Lee Brackin
Registered Professional Land Surveyor No. 5163
O: \PROJECTS\15063 — ISC Constructors New Office\SURVEY\15063 Water Easement 6-22-16.dwg Jun 23, 2016 03:OOpm
FittzC651-02hipman 1 0' w.-2' t e r E a s'e m e ri t SHEET NO.
INC. PROJECT NAIL: ISC Constructors, LLC S1
C=u&& WE%memmdLmd&wv*vm 6350 Walden Road
1405 CORNERSTONE COURT, BEAUMONT, TEXAS Beaumont, Texas 77707 PROJECT NO.
(409) 832-7238 FAX (409) 832-7303 �p 15063
T.B.P.E. FIRM #1160 • T.X.L.S. FIRM #100186 DATZ:6-23-16
IYIIIOIIIII��I Eo'.. E0I6026069
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, ISC PROPERTIES, LLC, a Louisiana Limited Liability Company, hereinafter
called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND
N0/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the
CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas,
hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby
acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT,
SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas
77704, Jefferson County, Texas, its successors and assigns, a perpetual, exclusive, water line
easement (the "Easement") to construct, alter, and maintain waterlines and related appurtenances
on the hereinafter described lands which said easement is under, over, in and across those certain
tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of
Texas, and being more particularly described in Exhibit "A", attached and made a part hereof
for all purposes (the "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]
3
EXECUTED this I day of UJ& '2016.
GRANTOR:
ISC Properties, LLC
a Louisiana Limited Liability Company
its General Partner
By: ISC Constructors, LLC
a Texas LimiteA Liability Company, its sole member
By: If Il
Printed Na�me:j Cr ig Messer
Title: Vice Pr i ent
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this the i ✓ day of ,
2016, by Craig Messer, Vice President of ISC Constructors, LLC, a Texas L' ted Li ility
Company, its sole member, on behalf of said limited liability company as the general partner of
ISC PROPERTIES, LLC, a Louisiana Limited Liability Company, on behalf of said limited
partnership.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this I3 day o , 2016.
F
PATRICIA ELAINE JANIAMy Commission EftsApril 17,2019
Notary Public, State of as
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
' Fittz &Shipman
INC.
Ronald D. Fittz, P.E., R.P.L.S. (1948-1987)
Terry G. Shipman, P.E., Chairman
Billy J. Smith, Jr., President
June 23, 2016
Consulting Engineers and Land Surveyors
Donald R. King, P.E.
Mitchell Lee Brackin R.P.L.S.
Field Note Description of a 10.00' wide Permanent Water Easement
Exhibit "A"
Being 10.00' wide tract of land for easement purpose containing 0.009 acres lying in the C.
WILLAIMS SURVEY, Abstract No. 59 in Jefferson County, Texas, said 10.00' wide tract of land
being out of and a portion of that certain 2.50 acre tract of land described in an instrument to ISC
Properties, LLC of record in County Clerk's File No. 2004011536 of the Official Public Records of
Jefferson County, Texas, said 10.00' wide tract of land being more particularly described as follows:
BEGINNING at a 3/4" Rod found marking the North right-of-way line of Walden Road (a public
roadway), the Southeast corner of that certain 4.537 acre tract of land described in an instrument to Megas
& Megas Investments, LLP of record in County Clerk's File No. 2004020374 'of the said Official Public
Records, the Southwest comer of the said 2.50 acre tract and being the Southwest corner of the herein
described tract;
THENCE N 02041'44" W along and with the East line of said 4.537 acre tract, the West line of the said
2.50 acre tract and the West line of the herein described tract for a distance of 38.49' marking a point on
the East line of said 4.537 acre tract, the West line of the said 2.50 acre tract and being the Northwest
corner of the herein described tract;
THENCE N 87028'44" E, over and across the said 2.50 acre tract and with the North line of the herein
described tract for a distance of 10.00' to the Northeast corner of the herein described tract;
THENCE S 02041'44" E, over and across the said 2.50 acre tract and the East line of the herein
described tract for a distance of 38.00' marking a point of the North right-of-way of said Walden Road,
the South line of the said 2.50 acre tract and being the Southeast corner of the herein described tract;
THENCE S 87028'44" W along and with the North right-of-way line of said Walden Road and the South
line of said 2.50 acre tract for a distance of 1.62' marking an angle point on the North right -of -line of
said Walden Road, the South line of said 2.50 acre tract and being an angle point on the South line of the
herein described tract;
THENCE S 84006'19" W along and with the North right-of-way line of said Walden Road, the South
line of said 2.50 acre tract and the South line of herein described tract for a distance of 8.39' to the
POINT AND PLACE OF BEGINNING, containing in area, 0.009 acres of land, more or less.
Plat of even date accompanies this Field Note Description. File No. 15063-ISC Properties, LLC
1405 Cornerstone Court . Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303
Tx Board of Prof Engineers Firm No. 1160 9 Tx Board of Prof Land Surveyors Firm No. 100186
C. Williams Survey
Abstract 59, of n n
Jefferson County, Texas w
0 10 20
S C A L E
Remainder of
ISC Properties, LLC
Clerk's File No. 2004011536 OPRJCT
(Called 2.50 acres)
Megas & Megas Investments LLP
Clerk's File No. 2004020374 OPRJCT
(Called 4.537 acres) L2
Subject Property
10.00' Water Easement I IJ
(0.009 acres)
�I I
I
Found 3/4"I
Iron Rod
POB L5 L4
Walden Road
Exhibit "A"
Surveyor's Notes:
1) Field Note Description of even date
accompanies this plat.
(2) All bearings are based on Texas State Plane
Coordinate System, South Central Zone (4304).
Line Table
Line #
Direction
Length
L1
NO2'41'44"W
38.49
L2
N87'28'44"E
10.00
L3
S02'41'44"E
38.00
L4
S87'28'44"W
1.62
L5 I
S84'06'19"W
8.39
Mitchell Lee Brackin
<9 0Fe1
63
S U
Mitchell Lee Brackin
Registered Professional Land Surveyor No. 5163
Q:\PROJECTS\15063 — ISC Constructors New Office\SURVEY\15063 Water Easement 6-22-16.dwg Jun 23, 2016 03:00pm
Fittz�Sh1prnan 1 0' Water E a s_e m e n t SHEET N0.
INC. PROJECT NAME: ISC Constructors, LLC S 1
ronn&WW EqwemQa LmdSwsoon 6350 Walden Road
1405 CORNERSTONE COURT, BEAUMONT, TEXAS Beaumont, Texas 77707 PROJECT NO.
(409) 832-7238 FAX (409) 832-7303
T.B.P.E. FIRM #1150 0 T.X.L.S. FIRM #100186 DATE' 6-23-16 15063