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HomeMy WebLinkAboutRES 17-095RESOLUTION NO. 17-095 WHEREAS, Earnest Joseph Livesay and Jill Lynette Livesay have agreed to convey one (1) ten foot (10') drainage easement, said easement being a 0.0379 acre tract out of the C. Williams Survey, Abstract 59, as described and shown in Exhibit "1," attached hereto, and one (1) forty foot (40') drainage easement, said easement being a 0.1006 acre tract out of the C. Williams Survey, Abstract 59, as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for the current and future commercial development located at 685 Pinchback Road; and, WHEREAS, the City Council has considered the purpose of said conveyances and is of the opinion that the acceptance of said conveyances are 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 drainage easement conveyed by Earnest Joseph Livesay and Jill Lynette Livesay, said easement being a 0.0379 acre tract out of the C. Williams Survey, Abstract 59, as described and shown in Exhibit "1," attached hereto, and one (1) forty foot (40') drainage easement conveyed by Earnest Joseph Livesay and Jill Lynette Livesay, said easement being a 0.1006 acre tract out of the C. Williams Survey, Abstract 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 May, 2017. fe 1 w `po� s !vl/ MYor beUy A es - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X DRAINAGE EASEMENT THAT, EARNEST JOSEPH LIVESAY and JILL LYNETTE LIVESAY, of the County of Jefferson, State of Texas, hereinafter called "GRANTORS", 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, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, Drainage Easements and the right to construct, alter, and maintain drainage improvements and appurtenances on the hereinafter described lands which said easements are under, over, in and across that certain tracts or parcels of land owned by GRANTORS 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 herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and removing drainage structures, canals, ditches and appurtenances, and the following rights are also hereby conveyed: 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 EXHIBIT 1" the same as permitted by law. The GRANTORS will be responsible for the maintenance of the surface area and control vegetation. GRANTORS shall not permit trees, shrubs, plants, or any object to be placed on the easement area. TO HAVE AND TO HOLD the above described easements and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of GRANTORS: EARNEST JOSEPH LIVESAY and JILL LYNETTE LIVESAY IM Printed Name: Earnest Joseph Livesay Title: Owner Printed Name: Jill Lynette Livesay Title: Owner {1NTENTIALLY LEFT BLANK} , 2017. ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2017, by Earnest Joseph Livesgy known to me to be the person whose name is subscribed to the foregoing instrument and in the capacity therein stated. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2017, by Jill Lynette Lives ay known to me to be the person whose name is subscribed to the foregoing instrument and in the capacity therein stated. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 EXHIBIT -"A" Legal Description: 10 Feet Wide Drainage Easement Containing 0.0379 Acres C. Williams Survey, Abstract No. 59 Beaumont, Jefferson County, Texas BEING a 10 feet wide drainage easement situated in the C. Williams Survey, Abstract No. 59, Jefferson County, Texas and being out of and part of Lot 8 of the Wiess Park Subdivision, an unrecorded subdivision of the City of Beaumont, and being out of and part of that certain called 2.4516 acre tract of land as described in a "General Warranty Deed" from Steven Craig Ferguson to Earnest Joseph Livesay and Jill Lynette Livesay as recorded in Clerk's File No. 2017008800, Official Public Records of Real Property, Jefferson County, Texas, said 10 feet wide drainage easement being more particularly described as follows: NOTE. All bearings are referenced to the West line of the said 2.4516 acre Livesay tract as NORTH 00°00'00" WEST as recorded in the above referenced Clerk's File No. 2017008800, Official Public Records of Real Property, Jefferson County, Texas. COMMENCING at a 1" iron rod found for the Southwest corner of the said 2.4516 acre Livesay tract, said corner also being the Southwest corner of the said Lot 8 of the Weiss Park Subdivision and also being the intersection of the East right-of-way line of Pinchback Road and the Northerly right-of-way line of the Southern Pacific Railroad (formerly known as the T. & N.O. Railroad) (based on a width of 100 feet); THENCE NORTH 00000'00" WEST, along and with the East right-of-way line of Pinchback Road, for a distance of 186.01 feet to the Southwest corner and the POINT OF BEGINNING of the easement herein described; THENCE NORTH 00000'00" WEST, continuing along and with the East right-of-way line of Pinchback Road, for a distance of 10.03 feet to a point for corner; THENCE SOUTH 85053'08" EAST, over and across the said 2.4516 acre Livesay tract, for a distance of 164.33 feet to a point for corner, said corner being in the West line of that certain called 40 feet wide drainage easement as described in a deed from C.O. Cunningham to The City of Beaumont as recorded in Volume 1169, Page 638, Deed Records, Jefferson County, Texas; THENCE SOUTH 06051'59" EAST, along and with the West line of the said City of Beaumont 40 feet wide drainage easement, for a distance of 10.19 feet to a point for corner; THENCENORTH 85053'08" WEST, for a distance of 165.56 feet to the POINT OF BEGINNING and containing 0.0379 Acres, more or less. This legal description is based a survey prepared on February 27, 2017by Mark W. Whiteley & Associates. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B"). /-1 s11� . c' THOMAS S. ..,.........NA" Thomas S. owe, RPLS No. 5728 TBPLS Firm No.: 10106700 . �9°FW:UOM17-586\i7-58610FtDrainage EasementM&B_docz R .l.CQnrIATF.Q Mr SET 518- 1. ROOD U a 0 D�D D o a �o o� N o _ wo Z ao a zo m CIS U Q a � o b z a • POC FND 1" I. ROD M'SS�VRi, P 1 (1 o C�F�C 0' DRAINAGE EASEMENT Ro�� ���RO,go (0.0379 ACRES) 0 CALLED 2.4516 ACRES EARNEST JOSEPH LIVESAY, eL ux. CF. NO. 2017008800 OPRJC LOT 8 NOTE. 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TITLE. 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE 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 AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED. 3. THIS EXHIBIT IS BASED ON A SURVEY PREPARED ON FEBRUARY 27, 2017 BY MARK W. WHITELEY do ASSOCIATES. LINE BEARING DISTANCE Lt N00'00'00"W 10.03' L2 S85'53'08"E 164.33' L.3 S06'51'59"E 10.19' L4 N85'53'08"W 165.56' I 1 N111-40' DRAINAGE EASEMENT CITY OF BEAUMONT VOL 1169, PG. 638 DRJC 1 \v0011 P pR� S R�EDI ------- �\ESSUNFtECO l c•q\v�\PMG NO• y9 P1651 FND S81'12'10'W 681.38' SOUTHERN PACIFIC RAILROAD (FORMERLY KNOWN AS THE T.& N.O. RAILROAD)(100' ROW) 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 CITY OF BEAUMONT MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME lDRMw-KMcw20I61SCAm1-=5O' sNE OF THE .SURVEY. _ No. 5728 MARK W. WHITELEY AND ASSOCIATES INCORPORATED r-c- ONSULTING ENGINEERS, URVEYORS. AND PLANNERS .B FIRM NO. 10106700 P.O. BOXS,U ]750 EASTEX FRWY. BEAUYONT, TEXAST777L6107 BEAUMONT. TEXA97T 4MO02-Ml IFAXI 400802.130 SET I. EXHIBIT "B" REFER TO EXHIBIT 'A" FOR LEGAL DESCRIPTI01 EXHIBIT OF A 10 FEET WIDE DRAINAGE EASEMENT C. WILLIAMS SURVEY ABSTRACT NO. 59 BEAUMONT, JEFFERSON COUNTY, TEXAS EXHIBIT "C" Legal Description: 40 Feet Wide Drainage Easement Containing 0.1006 Acres C. Williams Survey, Abstract No. 59 Beaumont, Jefferson County, Texas BEING a 40 feet wide drainage easement situated in the C. Williams Survey, Abstract No. 59, Jefferson County, Texas and being out of and part of Lot 8 of the Wiess Park Subdivision, an unrecorded subdivision of the City of Beaumont, and being out of and part of that certain called 2.4516 acre tract of land as described in a "General Warranty Deed" from Steven Craig Ferguson to Earnest Joseph Livesay and Jill Lynette Livesay as recorded in Clerk's File No. 2017008800, Official Public Records of Real Property, Jefferson County, Texas, said 40 feet wide drainage easement being more particularly described as follows: NOTE: All bearings are referenced to the West line of the said 2.4516 acre Livesay tract as NORTH 00°00'00" WEST as recorded in the above referenced Clerk's File No. 2017008800, Oficial Public Records of Real Property, Jefferson County, Texas. COMMENCING at a 1" iron rod found for the Southwest corner of the said 2.4516 acre Livesay tract, said corner also being the Southwest corner of the said Lot 8 of the Weiss Park Subdivision and also being the intersection of the East right-of-way line of Pinchback Road and the Northerly right-of-way line of the Southern Pacific Railroad (formerly known as the T. & N.O. Railroad) (based on a width of 100 feet); THENCE NORTH 81012'10" EAST, along and with the Southerly line of the said 2.4516 acre Livesay tract and the Northerly right-of-way line of the Southern Pacific Railroad, for a distance of 184.87 feet to the Southwest corner and the POINT OF BEGINNING of the easement herein described; THENCE NORTH 06051'59" WEST, over and across the said 2.4516 acre Livesay tract, for a distance of 110.26 feet to a point for corner, said corner being the Southwest corner of that certain called 40 feet wide drainage easement as described in a deed from C.O. Cunningham to The City of Beaumont as recorded in Volume 1169, Page 638, Deed Records, Jefferson County, Texas; THENCE NORTH 83°08'01" EAST, along and with the South line of the said City of Beaumont 40 feet wide drainage easement, for a distance of 40.00 feet to a point for corner, said corner being the Southeast corner of the said City of Beaumont 40 feet wide drainage easement; THENCE SOUTH 06051'59" EAST, over and across the said 2.4516 acre Livesay tract, for a distance of 108.91 feet to a point for corner, said corner being in the Southerly line of the said 2.4516 acre Livesay tract and the Northerly right-of-way line of the Southern Pacific Railroad; EXHIBIT "C" MARK IV WHITELEY & AS.SOCIATE.S THENCE SOUTH 81012'10" WEST, along and with the Southerly line of the said 2.4516 acre Livesay tract and the Northerly right-of-way line of the Southern Pacific Railroad, for a distance of 40.02 feet to the POINT OF BEGINNING and containing 0.1006 Acres, more or less. This legal description is based a survey prepared on February 27, 2017 by Mark W. Whiteley & Associates. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "D"). Thomas S. Rowe, RPLS No. 5728 TBPLS Firm No.: 10106700 W201707 -58M17-58640 Ft Drainage Easement M$H.docx EXHIBIT "C" MARK W. 1WHEILEY & ASSOCIA7LS, INC SET 5/8" I. ROD U 4 0 Do o p o Q �o n IX Nc U ZA 4T m a� V aoo cD z CL z c Eu POC FND 1" I. ROD >BEAUMONT UR' A (100, ,F�C 40' DRA'o /C CITY �q0 VOL. \` I DRJC ! LOT 6 CALLED 2.4516 ACRES EARNEST JOSEPH LIVESAY, et ux. CF. NO. 2017008800 OPRJC N81'12'10"E 184.87' L2 NOTE. 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TITLE. 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE 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 AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, R CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED. 3. THIS EXHIBIT IS BASED ON A SURVEY PREPARED ON FEBRUARY 27, 2017 BY MARK W. WHITELEY & ASSOCIATES. LINE BEARING DISTANCE L1 N06'51'59"W 110.26' L2 N83!08'01"E 40.00' L3 S06' 5 11'59"E 108.91' L4 S81'12'1O"W 40.02' 40' DRAINAGE EASEMENT (0.1006 ACRES) 5uP'O��s`ON too, P PRK ROEOI '5 IvNR fGO s 5�NO•Rvv( G �I��o .� '9 Pg5'R FND S81'12'10"W 681.38' SOUTHERN PACIFIC RAILROAD (FORMERLY KNOWN AS THE T.& N.O. RAILROAD)(100' ROW) 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 CITY of BEAUMONT MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME DRer: CDD SCAM- 9* OF THE SURVEY. v� Arwo'16 1 "=50' A L:AWN6 WHITELEY ASSOCIATES ................. INCORPORATED THOMAS S. :1728 CONSULTING ENGINEERS, . +p 7 SURVEYORS, AND PLANNERS T.B.P.L.S. FIRM NO. 10106700 7 P. O. BOX sm 3=EASTE%FRWY. REGISTERED PROFESSIONAL LA BF REGISTERED BEAFN,�O"Taoo-�aczns�TnoZ SET I. EXHIBIT "D" REFER TO EXHIBIT "C" FOR LEGAL DESCRIPTION EXHIBIT OF A 40 FEET WIDE DRAINAGE EASEMENT C. WILLIAMS SURVEY ABSTRACT NO. 59 BEAUMONT, JEFFERSON COUNTY, TEXAS 31 WE j III � 9 -4 yti I 7 � SY' ..1. `�1 x± 3'mi 31 SM. 3'mi 31 3'mi �x'i 4 �� �*yam � ��t �+• - -- �L. � IIIIIII��INl�lll�sllif 9 :a,` =°°"6�' STATE OF TEXAS X COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS: DRAINAGE EASEMENT THAT, EARNEST JOSEPH LIVESAY and JILL LYNETTE LIVESAY, of the County of Jefferson, State of Texas, hereinafter called "GRANTORS", 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, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, Drainage Easements and the right to construct, alter, and maintain drainage improvements and appurtenances on the hereinafter described lands which said easements are under, over, in and across that certain tracts or parcels of land owned by GRANTORS 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 herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and removing drainage structures, canals, ditches and appurtenances, and the following rights are also hereby conveyed: 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. The GRANTORS will be responsible for the maintenance of the surface area and control vegetation. GRANTORS shall not permit trees, shrubs, plants, or any object to be placed on the easement area. TO HAVE AND TO HOLD the above described easements and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 2017. GRANTORS: EARNEST JOSEPH LIVESAY and JILL LYNETTE LIVESAY Printed Name: Earnest Joseph Livesay Title: Owner By ' Printed Name: Jill Lynette Livesay Title: Owner {INTENTIALLY LEFT BLANK} STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT ON M This instrument was acknowledged before me on the day of , 2017, by Earnest Joseph LivesM known to me to be the person whose name is subscribed to e foregoing instrument and in the capacity therein stated. Notary Public, State of Tellas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the V& day of , 2017, by Jill Lynette Livesay known to me to be the person whose name is subscribed to th foregoing instrument and in the capacity therein stated. jilz O Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 DARA SUE CRUZ Notary Public, State of Texas ;r My Commission Expires y%oF October 05, 2019 EXHIBIT "A" Legal Description: 10 Feet Wide Drainage Easement Containing 0.0379 Acres C. Williams Survey, Abstract No. 59 Beaumont, Jefferson County, Texas BEING a 10 feet wide drainage easement situated in the C. Williams Survey, Abstract No. 59, Jefferson County, Texas and being out of and part of Lot 8 of the Wiess Park Subdivision, an unrecorded subdivision of the City of Beaumont, and being out of and part of that certain called 2.4516 acre tract of land as described in a "General Warranty Deed" from Steven Craig Ferguson to Earnest Joseph Livesay and Jill Lynette Livesay as recorded in Clerk's File No. 2017008800, Official Public Records of Real Property, Jefferson County, Texas, said 10 feet wide drainage easement being more particularly described as follows: NOTE: All bearings are referenced to the West line of the .said 2.4516 acre Livesay tract as NORTH 00°00'00" WEST as recorded in the above referenced Clerk's File No. 2017008800, Official Public Records of Real Property, Jefferson County, Texas. COMMENCING at a 1" iron rod found for the Southwest corner of the said 2.4516 acre Livesay tract, said corner also being the Southwest corner of the said Lot 8 of the Weiss Park Subdivision and also being the intersection of the East right-of-way line of Pinchback Road and the Northerly right-of-way line of the Southern Pacific Railroad (formerly known as the T. & N.O. Railroad) (based on a width of 100 feet); THENCE NORTH 00000'00" WEST, along and with the East right-of-way line of Pinchback Road, for a distance of 186.01 feet to the Southwest corner and the POINT OF BEGINNING of the easement herein described; THENCE NORTH 00000'00" WEST, continuing along and with the East right-of-way line of Pinchback Road, for a distance of 10.03 feet to a point for corner; THENCE SOUTH 85053'08" EAST, over and across the said 2.4516 acre Livesay tract, for a distance of 164.33 feet to a point for corner, said corner being in the West line of that certain called 40 feet wide drainage easement as described in a deed from C.O. Cunningham to The City of Beaumont as recorded in Volume 1169, Page 638, Deed Records, Jefferson County, Texas; THENCE SOUTH 06051'59" EAST, along and with the West line of the said City of Beaumont 40 feet wide drainage easement, for a distance of 10.19 feet to a point for corner; THENCE/NORTH 85053'08" WEST, for a distance of 165.56 feet to the POINT OF BEGINNING and containing 0.0379 Acres, more or less. This legal description is based a survey prepared on February 27, 2017 by Mark W. Whiteley & Associates. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B"). G. ;rl. c s fR�o % ROW ....:....... THOMA.....S....S......... E : . Thomas S. owe, RPLS No. 5728 • o B72g P� TBPLS Firm No.: 10106700 0F� S s �o WA2017\17-586\17-58610 Ft Drainage Fasement M&Bdo" 4ND •BURN Sib A" IARX W_ 111HITF_1 EY& ASSOCIA SET 5/8" I. ROOD Iz 0 0 o� O o o^ Ncd Y o r7 z Q cwio J m 2 ao Z C. m � U w o 0 z POC FND 1" 1. ROD 118,90,1 P 0 C'FIC 10' DRAINAGE EASEMENT Rawl ���RO,q (0.0379 ACRES) CALLED 2.4516 ACRES EARNEST JOSEPH LIVESAY, et. ux CF. NO. 2017008800 OPRJC LOT 8 mm. 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TITLE. 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE 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 AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED. 3. THIS EXHIBIT IS BASED ON A SURVEY PREPARED ON FE13RUARY 27, 2017 BY MARK W. WHITELEY & ASSOCIATES, LINE BEARING DISTANCE Li N00'00'00"W 10.03' 12 S8553'08"E 164.33' L3 S06'51'59"E 10.19, L4 N85'53'08"W 165.56' I I 40' DRAINAGE EASEMENT CITY OF BEAUMONT VOL. 1169, PG. 638 DRJC I I I I I I I I I I I L_----_—_—J Bo`v`S%ON SS P pR co OEoI ��E I�NRE �R�E� PBg-(RP` FND S81'12'10'W 681.38' SOUTHERN PACIFIC RAILROAD (FORMERLY KNOWN AS THE T.& N.O. RAILROAD)(100' ROW) TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I. THOMAS S. ROWE 00 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. THOMAS CITY OF BEAUMONT El sNEEr Na.: =50' 1 of FILE.olTr-seed M ._E,Bff-B-- MARK W. WHITELEY AND ASSOCIATES INCORPORATED rT...URV._,.RS, SULTING ENGINEERS, AND PLANNERS P.L.S. FIRM NO. 10106700 P. a. BaX M 0250 EASTEX FRM. ffle— NT. TEXAS T/226M2 BEAumo"T. TBXAsnm .-SS2-W21 IFAX) W 92.1M SET I. EXHIBIT "B" REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTIOI EXHIBIT OF A 10 FEET WIDE DRAINAGE EASEMENT C. WILLIAMS SURVEY ABSTRACT NO. 59 BEAUMONT, JEFFERSON COUNTY, TEXAS EXHIBIT "C" Legal Description: 40 Feet Wide Drainage Easement Containing 0.1006 Acres C. Williams Survey, Abstract No. 59 Beaumont, Jefferson County, Texas BEING a 40 feet wide drainage easement situated in the C. Williams Survey, Abstract No. 59, Jefferson County, Texas and being out of and part of Lot 8 of the Wiess Park Subdivision, an unrecorded subdivision of the City of Beaumont, and being out of and part of that certain called 2.4516 acre tract of land as described in a "General Warranty Deed" from Steven Craig Ferguson to Earnest Joseph Livesay and Jill Lynette Livesay as recorded in Clerk's File No. 2017008800, Official Public Records of Real Property, Jefferson County, Texas, said 40 feet wide drainage easement being more particularly described as follows: NOTE: All bearings are referenced to the West line of the said 2.4516 acre Livesay tract as NORTH 00°00'00" WEST as recorded in the above referenced Clerk's File No. 2017008800, Official Public Records of Real Property, Jefferson County, Texas. COMMENCING at a 1 " iron rod found for the Southwest corner of the said 2.4516 acre Livesay tract, said corner also being the Southwest corner of the said Lot 8 of the Weiss Park Subdivision and also being the intersection of the East right-of-way line of Pinchback Road and the Northerly right-of-way line of the Southern Pacific Railroad (formerly known as the T. & N.O. Railroad) (based on a width of 100 feet); THENCE NORTH 81 ° 12' 10" EAST, along and with the Southerly line of the said 2.4516 acre Livesay tract and the Northerly right-of-way line of the Southern Pacific Railroad, for a distance of 184.87 feet to the Southwest corner and the POINT OF BEGINNING of the easement herein described; THENCE NORTH 06051'59" WEST, over and across the said 2.4516 acre Livesay tract, for a distance of 110.26 feet to a point for corner, said corner being the Southwest corner of that certain called 40 feet wide drainage easement as described in a deed from C.O. Cunningham to The City of Beaumont as recorded in Volume 1169, Page 638, Deed Records, Jefferson County, Texas; THENCE NORTH 83008'01" EAST, along and with the South line of the said City of Beaumont 40 feet wide drainage easement, for a distance of 40.00 feet to a point for corner, said corner being the Southeast corner of the said City of Beaumont 40 feet wide drainage easement; THENCE SOUTH 06051'59" EAST, over and across the said 2.4516 acre Livesay tract, for a distance of 108.91 feet to a point for corner, said corner being in the Southerly line of the said 2.4516 acre Livesay tract and the Northerly right-of-way line of the Southern Pacific Railroad; EXHIBIT "C" MA THENCE SOUTH 81 ° 12' 10" WEST, along and with the Southerly line of the said 2.4516 acre Livesay tract and the Northerly right-of-way line of the Southern Pacific Railroad, for a distance of 40.02 feet to the POINT OF BEGINNING and containing 0.1006 Acres, more or less. This legal description is based a survey prepared on February 27, 2017 by Mark W. Whiteley & Associates. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "D"). Thomas S. Rowe, RPLS No. 5728 TBPLS Firm No.: 10106700 W;�—IO 117-58G117-58640 Ft Drainage Easement MSB.docx EXHIBIT "C" J"AI(A IY. WHII CLOY do ASSUCIAI CS, INC. SET 5/8" I. ROD CID 0 O o a ^o o ^ N co o U zIR: Q US Lj rr O 2 Z z m U W POC FND 1" I. ROD M,S'so' p if o plF R0h� �/4R 40' DRAINAGE EASEMENT'S I CITY OF BEA G. 63 �'qQ VOL. 1169, PG. 638 I \\ DRJC I ' I I LOT 8 L2 NM 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TITLE. 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE 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 AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED. 3. THIS EXHIBIT IS BASED ON A SURVEY PREPARED ON FEBRUARY 27, 2017 BY MARK W. WHITELEY & ASSOCIATES. LINE BEARING DISTANCE Lt N06'51'59"W 110.26' L2 N83'08'01 "E 40.00' L3 S06'51'59"E 108.91, L4 S81'12'1O"W 40.02' CALLED 2.4516 ACRES 40' DRAINAGE EASEMENT EARNEST JOSEPH LIVESAY, et. ux. (0.1006 ACRES) CF. NO.OPRJC008800 J Im 5 P Nvll G RpE01 l s SVR�Ev POB M ,Po.�9 G PBS�RPG� N N81' 12' 10"E 184.87' L4 FND S81'12'10"W 681.38' SOUTHERN PACIFIC RAILROAD (FORMERLY KNOWN AS THE T.& N.O. RAILROAD)(100' ROW) 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 CITY OF BEAUMONT MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME DR Err. coo SIIIF. SHEEP "� OF THE SURVEY. -�� IVER: Ago 20,e 1 "=50' 1 MARK W. WHITELEY AND ASSOCIATES ,,, »................».«. INCORPORATED ...9TE10MAS S: ROWE CONSULTING ENGINEERS, e.p 6728 �� ' SURVEYORS. AND PLANNERS T.B.P.L.S. FIRM NO. 10106700 P. O. ED%6115 �]60 EASTE%FRNY. THOMAS S. ROWE — REGISTERED PROFESSIONAL LA 728 EEAUMONT. WMS7772aSQ2 EEAUMOMT. TEASM02 SET 5/8 I. ROOD EXHIBIT "D" REFER TO EXHIBIT "C" FOR LEGAL DESCRIPTIOI EXHIBIT OF A 40 FEET WIDE DRAINAGE EASEMENT C. WILLIAMS SURVEY ABSTRACT NO. 59 BEAUMONT,JEFFERSON COUNTY, TEXAS