HomeMy WebLinkAboutRES 16-148RESOLUTION NO. 16-148
WHEREAS, Buckner International has agreed to convey one (1) ten foot (10')
wide exclusive water line easement, said easement being a 0.0286 acre tract out of a
portion of that certain 12,760 acre tract of land designated as Lot 1A of the Calder
Woods Addition, situated in the C. Williams Survey, Abstract No. 59 as described and
shown in Exhibit "1," attached hereto, to the City of Beaumont to form a loop and
eliminate the dead end water line, providing a better flow for fire protection at Calder
Woods located at 7080 Calder Avenue; 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 exclusive water line easement conveyed by
Buckner International, being a 0.0286 acre tract out of a portion of that certain 12,760
acre tract of land designated as Lot 1A of the Calder Woods Addition, 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 16th day of
August, 2016.
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, Buckner International, a Texas non-profit corporation, 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 day of , 2016.
GRANTOR:
Buckner International
By:
Printed Name: Luke Crowson
Title: Director of Construction and Facilities Maintenance
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF DALLAS X
This instrument was acknowledged before me on this the day of ,
2016, by Luke Crowson, Director of Construction and Facilities Maintenance of Buckner
International, a Texas non-profit corporation, on behalf of said corporation in the capacity stated
herein.
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
Fittz &Shipman
INC.
Consulting Engineers and Land Surveyors
Ronald D. FiU 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
July 11, 2016 Exhibit "A"
Field Note Description for a 10' wide Exclusive Water Line Easement
Being 10.00' wide tract of land for easement purposes containing 0.0286 acres lying in the C.
WILLIAMS SURVEY, Abstract 59 in Jefferson County, Texas, said 10.00' wide tract of land being
out of and a portion of that certain 12.760 acre tract of land designated as Lot IA of the Calder Woods
Addition of record in Volume 17 on Page 280 of the Map Records of Jefferson County, Texas and being
that same tract of land described in an instrument to Buckner Retirement Services of record in the County
Clerk's File No. 1999016112 of the Official Public Records, Jefferson County, Texas, said 10.00' wide
tract of land being more particularly described as follows:
COMMENCING at a 5/8" Rod found marking an angle point on the North right-of-way line of Calder
Avenue (a public roadway), the South line of said 12.760 acre tract and beginning immediately West of
the Calder Woods entrance;
THENCE N 63010'26" W along and with the North right-of-way line of said Calder Avenue and the
South line of said 12.760 acre tract for a distance 57.91' to the Southeast corner of the Southerly leg of
the herein described tract to the POINT OF BEGINNING;
THENCE N 63010'26" W continuing along and with the North right-of-way line of said Calder Avenue,
the South line of said 12.760 acre tract and the South line of the South leg of said 10.00' wide tract of
land for a distance of 10.01' to a point on the North right-of-way line of said Calder Avenue, the South
line of said 12.760 and being the Southwest corner of the South leg of said 10.00' wide tract of the herein
described tract;
THENCE N 28041'20" E, over and across the said 12.760 acre tract and the West line of the said 10.00'
wide tract of land for a distance of 27.45' to the Northwest corner of the South leg of the said 10.00'
wide tract of land and the Southeast corner of the West leg of the said 10.00' wide tract of land and being
an interior "ell" corner of the herein described tract;
THENCE N 58033'57" W, over and across the said 12.760 acre tract and the South line of the said
10.00' wide tract of land for a distance of 57.38' to the Southwest corner of the West leg of the said
10.00' wide tract of land, the Southeast corner of the existing 10' Fire Water Easement of record in
Volume 17 on Page 280 of said Map Records, and being a Southwest corner of the herein described tract;
THENCE N 24034'57" E, over and across the said 12.760 acre tract, along and with the East line of said
10' Fire Water Easement and the West line of the West leg of said 10.00'wide tract of land for a distance
of 10.07' to the Northeast corner of said 10' Fire Water Easement and being the Northwest corner of the
West leg of the herein described tract;
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
THENCE S 58033'57" E, over and across the said 12.760 acre tract and a North line of the West leg of
said 10.00' wide tract of land for a distance of 67.64' to the Northeast corner of the West leg of said
10.00' wide tract of land, the Southwest corner of the North leg of the herein and being an interior "ell"
corner of the herein described tract;
THENCE N 30008'19" E, over and across the said 12.760 acre tract, the West line of the North leg of the
said 10.00' wide tract of land of the herein described tract for a distance of 20.36' to the Northwest
corner of the North leg of said 10.00' wide tract of land and being a Northwest corner of the herein
described tract;
THENCE S 59051'41" E, over and across the said 12.760 acre tract, the North line of the North leg of
the said 10.00' wide tract of land and a North line of the herein described tract for a distance of 10.00' to
the Northeast corner of the North leg of the said 10.00' wide tract of land and being a Northeast corner of
the herein described tract;
THENCE S 30008'19" W, over and across the said 12.760 acre tract, the East line of the North leg of the
said 10.00' wide tract of land and an East line of the herein described tract for a distance of 30.58' to the
Southeast corner of the North leg of said 10.00' wide tract of land and being a Southeast corner of the
herein described tract;
THENCE N 58033'57" W, over and across the 12.760 acre tract, the South line of the North leg of the
said 10.00' wide tract of land and a South line of the herein described tract for a distance of 9.28' to the
Southwest corner of the North leg of said 10.00' wide tract of land and an interior "ell" corner of the
herein described tract;
THENCE S 28041'20" W, over and across the 12.760 acre tract, the East line of the South leg of the said
10.00' wide tract of land and an East line of the herein described tract for a distance of 26.65' to the
POINT AND PLACE OF BEGINNING, containing in area, 0.0286 acres of land, more or less.
Plat of even date accompanies this Field Note Description. File No. 14052 — Water Easement
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
West
Boundary line
N-13,989,448.25
E=3,493,740.13
N 86'44'47" W
96.60'
C. Williams Survey
Abstract 59
Jefferson County, Texas
Existing 10' Fire Water Easement
as shown on Plat in
Vol. 17 on Pg 280 MRJCT
Calder Woods
Lot IA
Volume 17 on Page 280 MRJCT N 24'34'57' E
Called 12.760 Acres ,10.07'
N 80-4i-5,.
95.90'
Exhibit 'B"
Field Note Description of even
date accompanies this plat.
PAIM
Mitchell Lee Bracldn
Registered Professional Land Surveyor, No. 6183
Found
Capped
Iron Rod
Subject Property
0.0286 Acres
SS
9 �
u,� �..pp4!'E.
^o o, r 3
J
A5 e
y N 58'33'57" W
9.28'
South " H
Boundary line 63B
706" 0B S 28'41'20' W
f 6ryck
0 p�. W 26.65' kaU
calQ'er, 5j9'
--`-'E-3.494,071356.6.14
�e
0:\PROJECTS\14052 - Calder Wood. E... -1—\14052 -Water Eo. -t.dwq Jul 29, 2016 10:42., A
O -vv SHEET NO.
Fittz&Shipman
C—.dt.g-w1L—dINC. PROJECT NAIL: Calder Woods Water Line S1
1405 CORNERSTONE COURT, BEAUMONT. TEXAS 7080 Calder Avenue PROJECT NO.
(409) 632-7238 FAX (409) 832-7303 14052
T.B.P.E. FIRM J1160 • T,X.LS. FIRM 0100186
Beaumont, Texas 77706
lis'rE:7-29—I6
H
18����I�II,71111uA�MNII ,,,G, 20160E7344
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
of BY. ► 191 I
THAT, Buckner International, a Texas non-profit corporation, hereinafter called
"GRANTOR", whether one or more, for and inconsideration 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 & 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 day of 1404 2016.
GRANTOR:
Buckn e n o al
By:
Printed Name: e Crowson
Title: Director of Construction and Facilities Maintenance
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF DALLAS X
This instrument was acknowledged before me on this the %G t- day of 41- :�2
2016, by Luke Crowson, Director of Construction and Facilities Maintenance of Buckner
International, a Texas non-profit corporation, on behalf of said corporation in the capacity stated
herein.
GIVEN tWb'R�D AND SEAL OF OFFICE, this /�iay off, 2016.
O1P'R Y jD(i•. ��
A ♦
•
OFI
19 .` otary Public, Statl5rof Texas
11-1640
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
Fittz &Shipman
INC
Consulting Engineers and Land Surveyors
Ronald D. Fittz, P.E., R.P.L.S. (1948-198) Donald R. King, P.E.
Terry G. Shipman, P.E., Chairman Mitchell Lee Brackin R.P.L.S.
Billy J. Smith, Jr., President
July 11, 2016 Exhibit "A"
Field Note Description for a 10' wide Exclusive Water Line Easement
Being 10.00' wide tract of land for easement purposes containing 0.0286 acres lying in the C.
WILLIAMS SURVEY, Abstract 59 in Jefferson County, Texas, said 10.00' wide tract of land being
out of and a portion of that certain 12.760 acre tract of land designated as Lot IA of the Calder Woods
Addition of record in Volume 17 on Page 280 of the Map Records of Jefferson County, Texas and being
that same tract of land described in an instrument to Buckner Retirement Services of record in the County
Clerk's File No. 1999016112 of the Official Public Records, Jefferson County, Texas, said 10.00' wide
tract of land being more particularly described as follows:
COMMENCING at a 5/8" Rod found marking an angle point on the North right-of-way line of Calder
Avenue (a public roadway), the South line of said 12.760 acre tract and beginning immediately West of
the Calder Woods entrance;
THENCE N 63010'26" W along and with the North right-of-way line of said Calder Avenue and the
South line of said 12.760 acre tract for a distance 57.91' to the Southeast corner of the Southerly leg of
the herein described tract to the POINT OF BEGINNING;
THENCE N 63010'26" W continuing along and with the North right-of-way line of said Calder Avenue,
the South line of said 12.760 acre tract and the South line of the South leg of said 10.00' wide tract of
land for a distance of 10.01' to a point on the North right-of-way line of said Calder Avenue, the South
line of said 12.760 and being the Southwest corner of the South leg of said 10.00' wide tract of the herein
described tract;
THENCE N 28041'20" E, over and across the said 12.760 acre tract and the West line of the said 10.00'
wide tract of land for a distance of 27.45' to the Northwest corner of the South leg of the said 10.00'
wide tract of land and the Southeast corner of the West leg of the said 10.00' wide tract of land and being
an interior "ell" corner of the herein described tract;
THENCE N 58033'57" W, over and across the said 12.760 acre tract and the South line of the said
10.00' wide tract of land for a distance of 57.38' to the Southwest comer of the West leg of the said
10.00' wide tract of land, the Southeast corner of the existing 10' Fire Water Easement of record in
Volume 17 on Page 280 of said Map Records, and being a Southwest corner of the herein described tract;
THENCE N 24034'57" E, over and across the said 12.760 acre tract, along and with the East line of said
10' Fire Water Easement and the West line of the West leg of said 10.00'wide tract of land for a distance
of 10.07' to the Northeast corner of said 10' Fire Water Easement and being the Northwest corner of the
West leg of the herein described tract;
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
THENCE S 58033'57" E, over and across the said 12.760 acre tract and a North line of the West leg of
said 10.00' wide tract of land for a distance of 67.64' to the Northeast corner of the West leg of said
10.00' wide tract of land, the Southwest corner of the North leg of the herein and being an interior "ell"
corner of the herein described tract;
THENCE N 30008'19" E, over and across the said 12.760 acre tract, the West line of the North leg of the
said 10.00' wide tract of land of the herein described tract for a distance of 20.36' to the Northwest
corner of the North leg of said 10.00' wide tract of land and being a Northwest corner of the herein
described tract;
THENCE S 59051141" E, over and across the said 12.760 acre tract, the North line of the North leg of
the said 10.00' wide tract of land and a North line of the herein described tract for a distance of 10.00' to
the Northeast corner of the North leg of the said 10.00' wide tract of land and being a Northeast corner of
the herein described tract;
THENCE S 30008'19" W, over and across the said 12.760 acre tract, the East line of the North leg of the
said 10.00' wide tract of land and an East line of the herein described tract for a distance of 30.58' to the
Southeast corner of the North leg of said 10.00' wide tract of land and being a Southeast corner of the
herein described tract;
THENCE N 58033'57" W, over and across the 12.760 acre tract, the South line of the North leg of the
said 10.00' wide tract of land and a South line of the herein described tract for a distance of 9.28' to the
Southwest corner of the North leg of said 10.00' wide tract of land and an interior "ell" corner of the
herein described tract;
THENCE S 28041'20" W, over and across the 12.760 acre tract, the East line of the South leg of the said
10.00' wide tract of land and an East line of the herein described tract for a distance of 26.65' to the
POINT AND PLACE OF BEGINNING, containing in area, 0.0286 acres of land, more or less.
Plat of even date accompanies this Field Note Description. File No. 14052 — Water Easement
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
West
Boundary line
N=13,969,448.25
E=3,493,740.13
•
• N 86'44'47" W
96,60'
C. Williams Survey
Abstract 59
Jefferson County, Texas
Existing 10' Fire Water Easement
as shown on Plat in
Vol. 17 on Pg 280 MRJCT
Calder Woods
Lot IA
Volume 17 on Page 280 MRJCT N 2434'57" E
Called 12.760 Acres ,10.07'
N
W
OF rE
P. �isrEy•., f
� � �E fo•. 9
�? •'• to
Exhibit "B"
Field Note Description of even
Mitchell Lee Brackin
date accompanies this plat.
EsS yin
9 oFES\O?•�O
Y� S U R4�
Mitchell Lee Brackin
Registered Professional Land Surveyor, No. 5183
0:\PROJECTS\14052 — Calder Wood, Up-1-\14052—Water
E... en Ud g Jul 29, 2016 10:42—
M!ohr
Subject Property
0.0286 Acres -
Found
Capped
dti
Iron Rod�\
a8ip
Lei/i„ V
8g a�• o
ry� ry/
South 2
Boundary line H 63y A",
cal4'e
e
o�' h
M� moo.
h N 58.33'57" W
9.28'
� ��ti+2
S 28'41'20" W g'B+'ic
26.65'
N=13,969,356.56
E=3,494,071.14
F POC
oQ
fr0+2