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Home My WebLink AboutRES 17-050RESOLUTION NO. 17-050 WHEREAS, Delaware Storage, LP has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.0498 acre tract situated in the Hezekiah Williams League Survey, Abstract No. 56 as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for the construction of a new three story storage facility located at 6160 Delaware Street; 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 Delaware Storage, LP, being a 0.0498 acre tract situated in the Hezekiah Williams League Survey, Abstract No. 56 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 21st day of March, 2017. - yor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, DELAWARE STORAGE, LP, a Texas limited partnership, 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 Water Line Easement and the exclusive right to construct, alter, and maintain said waterlines and 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 herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and appurtenances, and the following rights are also hereby conveyed collectively, the "Easement Rights". It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the EXHIBIT 1" purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 2017. GRANTOR: DELAWARE STORAGE, LP a Texas limited partnership By: JRC Delaware Storage, LLC, a Texas limited liability company, its general partner 260 Clay McDaniel, Its Manager GRANTEE: CITY OF BEAUMONT BY: Name: Kyle Hayes Title: City Manager ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on this day of 32017, by Clay McDaniel, Manager of JRC Delaware Storage, LLC, a Texas limited liability company, general partner of Delaware Storage, LP, a Texas limited partnership, on behalf of said limited liability partnership. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this day of , 2017, by Kyle Hayes, Cily Manager of the City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, on behalf of said municipal corporation. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" Exclusive Waterline Easement Legal Description: 0.0498 Acre Tract or Parcel of Land Hezekiah Williams Survey, Abstract No. 56 Jefferson County, Texas BEING a 0.0498 acre exclusive waterline easement situated in the Hezekiah Williams Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of that certain called 680.66 acre tract called "Second Tract" as conveyed by Treadaway Land Company et al. to Yount -Lee Oil Company as recorded in Volume 374, Page 113, Deed Records, Jefferson County, Texas and also being out of and part of that certain remainder of a called 40.5391 acre tract of land as conveyed by Amoco Production Company to Dowdel Investments, Ltd. as recorded in Clerk's File No. 1999047799; Official Public Records of Real Property, Jefferson County, Texas, and also being all of that certain called 2.1599 acre tract of land as conveyed by Dowdel Investments, Ltd. to Delaware Storage, LP as recorded in Clerk's File No. 2016031118, Official Public Records of Real Property, Jefferson County, Texas, said 0.0498 acre exclusive waterline easement being more particularly described as follows: NOTE. All bearings are based on the West line of Lot 1, Block 1 of HEB Grocery Addition as NORTH 01'2348" WEST as recorded in Clerk's File No. 2006015377, Official Public Records of Real Property, Jefferson County, Texas. COMMENCING at a 5/8" iron rod found for the Southeast corner of that certain called 0.9601 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from Dowdel Investments, Ltd. to CBH Properties Beaumont, LLC. as recorded under Clerk's File No. 2015016749, Official Public Records of Real Property, Jefferson County, Texas and being the Southwest corner of Lot 1, Block 1 of HEB Grocery Addition, an addition of the City of Beaumont, Jefferson County, Texas, according to the map or plat thereof, recorded under Clerk's File No. 2006015377, Official Public Records of Real Property, Jefferson County, Texas, and also being in the North right-of-way line of Delaware Street; THENCE SOUTH 88052'27" WEST, along and with the North right-of-way line of Delaware Street, for a distance of 355.10 feet to a point for the Southeast corner and the POINT OF BEGINNING of the easement herein described; THENCE SOUTH 88052'27" WEST, continuing along and with the North right-of-way line of Delaware Street, for a distance of 10.00 feet to a point for corner; THENCE NORTH 01024'16" WEST, over and across said 2.1599 acre Delaware Storage, LP tract, for a distance of 202.13 feet to a point for corner, said point being in the most Southerly North line of said 2.1599 acre Delaware Storage, LP tract; THENCE NORTH 88052'27" EAST, along and with the most Southerly North Line of said 2.1599 acre Delaware Storage, LP tract, for a distance of 25.02 feet to a point for corner; 1 of 2 MARK fR {YHITELEYANDASSOCIATES, INC. THENCE SOUTH 01007'33" EAST, over and across said 2.1599 acre Delaware Storage, LP tract, for a distance of 10.00 feet to a point for corner; THENCE SOUTH 88052'27" WEST, continuing over and across said 2.1599 acre Delaware Storage, LP tract, for a distance of 14.98 feet to a point for corner; THENCE SOUTH 01024'16" EAST, continuing over and across said 2.1599 acre Delaware Storage, LP tract, for a distance of 192.13 feet to the POINT OF BEGINNING and containing 0.0498 Acres, more or less. Easement prepared based on a survey performed by Mark W. Whiteley and Associates dated December 18, 2015. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B") Or� Oj Q�G `� iF� ScP 0 Thomas S. Rowe, RPLS No. 5728 TtiOMAS SROVUE, .................... TBPLS Firm No.: 10106700 W:2015\15-13061115-1306 Waterline Easement—M& B.doex Page 2 of 2 MARK 11" WH/TELEYAR'DASSOC/RTES, INC. EAS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, DELAWARE STORAGE, LP, a Texas limited partnership, 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 Water Line Easement and the exclusive right to construct, alter, and maintain said waterlines and 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 herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and appurtenances, and the following rights are also hereby conveyed collectively, the "Easement Rights". It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this 21* day of NG , 2017. GRANTOR: DELAWARE STORAGE, LP a Texas limited partnership By: JRC Delaware Storage, LLC, a Texas limited liability company, its general partner By: U L�-eA � �-D Clay Mc el, s Manager GRANTEE: CITY OF BEAUMONT By: Name: Kyle Hayes Title: City Manager ACKNOWLEDGMENTS STATE OF TEXAS HA12121 S COUNTY OFFS This instrument was acknowledged before me on this Z1 i day of tAqYV , 2017, by Clay McDaniel, Manager of JRC Delaware Storage, LLC, a Texas limited liability company, general partner of Delaware Storage, LP, a Texas limited partnership, on behalf of said limited liability partnership. BROOKE ELYSE GENTRY Notary Public. $tote of Texas i »,c l ' My Commission Expires October 09, 2019 STATE OF TEXAS COUNTY OF JEFFERSON Notary Public ate o Texas This instrument was acknowledged before me on thisa��day of Mmck , 2017, by Kyle Ham, City Manager of the City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, on behalf of said municipal corporation. Notary Public, State of Texas ��.��;�;'•.,, TINA G. BROUSSARD RETURN TO: City of Beaumont _' u,4� i Notary Public, State of Texas Antoinette Hardy - Engineering M;!''.�;: Comm. Expires 01-12 2019 P. O. Box 3827 Notary ID 1143511-9 ,Ilan Beaumont, TX 77704 EXHIBIT "A" Exclusive Waterline Easement Legal Description: 0.0498 Acre Tract or Parcel of Land Hezekiah Williams Survey, Abstract No. 56 Jefferson County, Texas BEING a 0.0498 acre exclusive waterline easement situated in the Hezekiah Williams Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of that certain called 680.66 acre tract called "Second Tract" as conveyed by Treadaway Land Company et al. to Yount -Lee Oil Company as recorded in Volume 374, Page 113, Deed Records, Jefferson County, Texas and also being out of and part of that certain remainder of a called 40.5391 acre tract of land as conveyed by Amoco Production Company to Dowdel Investments, Ltd. as recorded in Clerk's File No, 1999047799, Official Public Records of Real Property, Jefferson County, Texas, and also being all of that certain called 2.1599 acre tract of land as conveyed by Dowdel Investments, Ltd. to Delaware Storage, LP as recorded in Clerk's File No. 2016031118, Official Public Records of Real Property, Jefferson County, Texas, said 0.0498 acre exclusive waterline easement being more particularly described as follows: NOTE. All bearings are based on the West line of Lot 1, Block 1 of HEB Grocery Addition as NORTH 01 °2348" WEST as recorded in Clerk's File No. 2006015377, Official Public Records of Real Property, Jefferson County, Texas. COMMENCING at a 5/8" iron rod found for the Southeast corner of that certain called 0.9601 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from Dowdel Investments, Ltd. to CBH Properties Beaumont, LLC. as recorded under Clerk's File No. 2015016749, Official Public Records of Real Property, Jefferson County, Texas and being the Southwest corner of Lot 1, Block 1 of HEB Grocery Addition, an addition of the City of Beaumont, Jefferson County, Texas, according to the map or plat thereof, recorded under Clerk's File No. 2006015377, Official Public Records of Real Property, Jefferson County, Texas, and also being in the North right-of-way line of Delaware Street; THENCE SOUTH 88°52'27" WEST, along and with the North right-of-way line of Delaware Street, for a distance of 355.10 feet to a point for the Southeast corner and the POINT OF BEGINNING of the easement herein described; THENCE SOUTH 88052'27" WEST, continuing along and with the North right-of-way line of Delaware Street, for a distance of 10.00 feet to a point for corner; THENCE NORTH 01 °24'16" WEST, over and across said 2.1599 acre Delaware Storage, LP tract, for a distance of 202.13 feet to a point for corner, said point being in the most Southerly North line of said 2.1599 acre Delaware Storage, LP tract; THENCE NORTH 8805227" EAST, along and with the most Southerly North Line of said 2.1599 acre Delaware Storage, LP tract, for a distance of 25.02 feet to a point for corner; 1 of 2 AIAKK IV. WH/7CZETANDASSUCIATES,INC. THENCE SOUTH 01007'33" EAST, over and across said 2.1599 acre Delaware Storage, LP tract, for a distance of 10.00 feet to a point for corner; THENCE SOUTH 88052'27" WEST, continuing over and across said 2.1599 acre Delaware Storage, LP tract, for a distance of 14.98 feet to a point for corner; THENCE SOUTH 01024'16" EAST, continuing over and across said 2.1599 acre Delaware Storage, LP tract, for a distance of 192.13 feet to the POINT OF BEGINNING and containing 0.0498 Acres, more or less. Easement prepared based on a survey performed by Mark W. Whiteley and Associates dated December 18, 2015. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B") pr q�'rcP Thomas S. Rowe, RPLS No. 5728 ..•T.HOMAS S. ROWE —* ..•5728 y... � •. G UN TBPLS Firm No.: 10106700 �'� �a s s 1. W2015\I5-13061\15-1306_Wateriine Easement_M&B.doex �'S'Og•pV�� 1ti Page 2 of 2 MARK ►K 11'H/TELEYANUASSOCIATES, INC. NOTE: SCALE 1 "-40' 1. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE ---3r SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE REQUIRED " I W AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY ❑ i I _ _ _ _ _ -- OF PROFESSIONAL SURVEYORS. AS SUCH, TI CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, CALLED 0.034 ACRES EXPRESSED OR IMPLIED. FACILITY EASEMENT /2. EASEMENT PREPARED BASED ON A SURVEY PERFORMED BY MARK W. WHITELEY AND ASSOCIATES SWBL LP. o DATED SEPTEMBER 15, 2016. FIELD WORK WAS PERFORMED DECEMBER 18, 2015. -----p - — - j CF. NO. 2006004982 OPRJC FND 1.4354 ACRES = PROPOSED 0.0498 ACRES ® ® ® REMAINDER OF -d EXCLUSIVE WATERLINE CALLED 40.5391 FND 5/8" EASEMENT FND 5/8" DOWDEL INVESTMENTS, LTD. W I. ROD O1 I. ROD CF. NO. 1999047799 FND N01'24'16"W 202.13' L2 OPRJC c m N kpoB i-0.1639 ACRE UNDERGROUND TELEPHONE EASEMENT SOUTHWESTERN BELL TELEPHONE CO. CF. NO. 2015015979 OPRJC _ - -FND 5/8" I. ROD gg� W/CAP STAMPED og "M.W. WHITELEY & }3I ASSOCIATES" 4 FND 5/8"__.,I---FND S01'24'16"E 177.83' I. ROD CALLED 2.1559 ACRES I j DELAWARE STORAGE, LP EXHIBIT "B" CF. NO. 2016031118 I I OPRJC REFER TO EXHIBIT "A" I i FOR LEGAL DESCRIPTION I I I I i IN IN I A G L1 S88'52 27 10.00 L.2 N01'2416 202.13 L3 N88'52 27 E 25.02 L4 S01'07 33 E 10.00 L5 S88'52 27 14.98 L6 S01'24 16 E Fl92.13 CALLED 0.9601 ACRES CBH PROPERTIES BEAUMONT, LLC CF. NO. 2015016749 OPRJC LOT 1, BLOCK 1 HEB GROCERY ADDITION CF. NO. 2006015377 OPRJC FND 5/8" I. ROD W/CAP STAMPED "M.W. WHITELEY & ASSOCIATES" NOTE: ' ALL BEARINGS ARE BASED ON THE WEST LINE OF LOT 1, BLOCK 1 OF HEB GROCERY ADDITION AS NORTH 01'23'48" WEST AS RECORDED IN CLERK'S FILE NO. 2006015377. OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, JEFFERSON COUNTY, TEXAS. TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. 0.0498 ACRE (19 WIDE) EXCLUSIVE WATER LINE EASEMENT HEZEKIAH WILLIAMS LEAGUE ABSTRACT NO. 56 JEFFERSON COUNTY, TEXAS wa W. sow SCALE' S�Er No M., no�o son 1 "=40' 1 of 1 " W. �„ r. w:sols\ is-13w\ REV-15-1306 is Ll3X-WTMW E SWff W 0 y u a LMARK W 1►HITE[.EY Q AND ASSOCIATES TNO»AaS S. WE INCORPORATED CoxsUL m >auMMM. sosyst00, um rt,unlmrs •'9G,c �. 10 . TS.P.L& FM NO. IOIMM � `4�,,E 5,.��04 THOMAS S. ROWE — REGISTERED PROFESS RVEYOR No. 5728 ii�jj4a- P. , mum beo ru�a >r.+r enora�r rrrss e�w is a�r� 13"