HomeMy WebLinkAboutRES 17-112RESOLUTION NO. 17-112
WHEREAS, the City of Beaumont is selling a 0.6244 irregular shaped city -owned
tract of property located in the 700 block of Laurel Avenue known as the Crockett Street
Parking Lot; and,
WHEREAS, prior to selling the 0.6244 acre tract, the City must retain a fifteen
foot (15') exclusive storm sewer easement, said easement being a 0.0510 acre tract
situated in the Noah Tevis Survey, Abstract No. 52, as described and shown in Exhibit
"1," attached hereto, for the existing infrastructure providing storm sewer services to
adjacent land owners and businesses in the 700 block of Laurel Avenue; and,
WHEREAS, the City Council has considered the purpose of said easement and
is of the opinion that the retention of said interest is necessary and desirable and that
same should be retained and 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) fifteen foot (1') wide exclusive storm sewer easement conveyed by
the City of Beaumont, Texas, being a 0.0510 acre tract situated in the Noah Tevis
Survey, Abstract No. 52, as described and shown in Exhibit "1," attached hereto, be and
the same is hereby, in all things, retained and accepted for the stated purpose.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
May, 2017.
cS4q.
t#or Becky Ames -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
STORM SEWER EASEMENT
THAT, CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County
Texas, 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, an Exclusive
Storm Sewer Easement and the exclusive right to construct, alter, and maintain said storm sewer
lines 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 storm sewer 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:
CITY OF BEAUMONT,
a municipal corporation domiciled in Jefferson County
By:
Name: Kyle Hayes
Title: City Manager
{INTENTIONALLY LEFT BLANK}
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me on this day of ,
2017, by Kyle Haves, 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
RETURN TO:
City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3 827
Beaumont, TX 77704
Mi*)11121111
Legal Description: Centerline of a 15 Foot Wide Storm Sewer Easement
Containing 0.0510 Acres *
Noah Tevis Survey, Abstract No. 52
Beamnont, Jefferson County, Texas
BEING a centerline of a 15 foot wide storm sewer easement containing 0.0510 acres situated in
the Noah Tevis Survey, Abstract No. 52, Jefferson County, Texas and being out of and part of the
remainder of that certain called 35,912.80 square feet tract of land as described in a "General
Warranty Deed" from First City National Bank of Beaumont to the City of Beaumont as recorded
in Film Code No. 100-72-0784, Official Public Records of Real Property, Jefferson County, said
centerline being more particularly described as follows- -
NOTE. All hearings are referenced to the Southeasterly right-of-way line of Park
Street as NORTH 40'28'15" WEST as recorded in Film Code No. 100-72-0784,
Official Public Records of Real Property, Jefferson County, Texas. All set 518"
iron rods set with caps stamped "M. W. Whiteley & Associates".
COMMENCING at a City of Beaumont concrete monument found for the intersection of Neches
Street and Crockett Street (based on a width of 61.11 feet);
THENCE NORTH 49°31745" EAST, along and with the centerline of Crockett Street, for a
distance of 391.61 feet to a scribed 'X' in concrete set for corner, said comer being in centerline
of Crockett Street and the Northeasterly right of way line of Park Street (called Sabine Street per
plat) (based on a width of 61.11 feet);
THENCE NORTH 40°28'15" WEST, along and with the Northeasterly right of way line of Park
Street, for a distance of 153.79 feet to a scribed "X" in concrete set for corner;
THENCE NORTH 11°18'22" WEST, along and with the Northeasterly right of way line of Park
Street, for a distance of 14.49 feet to the POINT OF BEGINNING of the centerline herein
described;
THENCE NORTH 71058'12" EAST, over and across the remainder of the said 35,912.80 square
feet City of Beaumont tract, for a distance of 148.03 feet to the POINT OF TERMINATION,
said point being in the South right of way line of Laurel Street, said easement being 0.0510 Acres,
more or less.
Surveyed on N
on this survey.
10
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Thomas S. 0 I
12, 2015. This legal d is being submitted along with a plat based
RPLS No. 5728
TBPLS Firm No.: 10106700
tV.UOJSUS-1250115-1250 SANUARY SMER EASaMqT M&UM.
EXHIBIT "All
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TO THE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF THE SURVEY.
_ORIGINAL PROPERTY LINE_. v
._._._._._._._._._-CROCKETT STREET—(ABANDONED BY CITY ORDINANCE NO. 17-005,
(61.11' ROW) I DATED JANUARY 21, 2017)
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.
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DATE SURVEYED; NOVEMBER 12, 2015 Q' G\.STe, ...+
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THOMAS S. ROWE
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EXHIBIT "B"
REFER TO EXHIBIT "A"
FOR LEGAL DESCRIPTION
CITY OF BEAUMONT
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INCORPORATED
LTING ENGINEERS,
YORS, ANO PLANNERS
S. FIRM NO. 10106700
P.O. BOX
5092 3250 EASTEX FRWY.
BEAUMONT, TEXAST77265492 BEAUMONT, TEXAS 77703
409592-0421 (FAX) 4095924346
EXHIBIT OF A
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NOAH TEVIS SURVEY
ABSTRACT NO. 52
BEAUMONT, JEFFERSON
COUNTY, TEXAS
No Text
�IN�ItlIIII�IIII����IIA .AS,., 2017019000
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
STORM SEWER EASEMENT
THAT, CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County
Texas, 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, an Exclusive
Storm Sewer Easement and the exclusive right to construct, alter, and maintain said storm sewer
lines 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 storm sewer 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 31 S day of /V< , 2017.
GRANTOR:
CITY OF BEAUMONT,
a municipal corporation domiciled in Jefferson County
Name: Kyle Hayes
Title: City Manager
{INTENTIONALLY LEFT BLANK}
EXHIBIT "A"
Legal Description: Centerline of a 15 Foot Wide Storm Sewer Easement
Containing 0.0510 Acres
Noah Tevis Survey, Abstract No. 52
Beaumont, Jefferson County, Texas
BEING a centerline of a 15 foot wide storm sewer easement containing 0.0510 acres situated in
the Noah Tevis Survey, Abstract No. 52, Jefferson County, Texas and being out of and part of the
remainder of that certain called 35,912.80 square feet tract of land as described in a "General
Warranty Deed" from First City National Bank of Beaumont to the City of Beaumont as recorded
in Film Code No. 100-72-0784, Official Public Records of Real Property, Jefferson County, said
centerline being more particularly described as follows:
NOTE: All bearings are referenced to the Southeasterly right-of-way line of Park
Street as NORTH 40°28'I5" WEST as recorded in Film Code No. 100-72-0784,
Official Public Records of Real Property, Jefferson County, Texas. All set 5/8"
iron rods set with caps stamped "M.. W. Whiteley & Associates".
COMMENCING at a City of Beaumont concrete monument found for the intersection of Neches
Street and Crockett Street (based on a width of 61.11 feet);
THENCE NORTH 49031'45" EAST, along and with the centerline of Crockett Street, for a
distance of 391.61 feet to a scribed "X" in concrete set for corner, said corner being in centerline
of Crockett Street and the Northeasterly right of way line of Park Street (called Sabine Street per
plat) (based on a width of 61.11 feet);
THENCE NORTH 40028'15" WEST, along and with the Northeasterly right of way line of Park
Street, for a distance of 153.79 feet to a scribed "X" in concrete set for corner;
THENCE NORTH 11 ° 18'22" WEST, along and with the Northeasterly right of way line of Park
Street, for a distance of 14.49 feet to the POINT OF BEGINNING of the centerline herein
described;
THENCE NORTH 71058'12" EAST, over and across the remainder of the said 35,912.80 square
feet City of Beaumont tract, for a distance of 148.03 feet to the POINT OF TERMINATION,
said point being in the South right of way line of Laurel Street, said easement being 0.0510 Acres,
more or less.
Surveyed on November 12, 2015.
on this survey. �_--
Thomas S. owe, RPLS No. 5728
TBPLS Firm No.: 10106700
This legal descri ' is being submitted along with a plat based
W:\2015\15-1250\I5-1250 SANITARY SEWER EASEMENT M&B.do"
EXHIBIT "A"
Page 1 of 1
MARK IV WHITELEY & ASSOCIATES, INC
FND N11'18'22"W 31.
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SET SCRIBED "X"
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FND. CITY OF BEAUMONT
CONC. MON. CENTERLINES
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do CROCKETT STREET
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FC. NO. 100-72-0784 STM\
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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.
DATE SURVEYED: NOVEMBER 12, 2015 bF TF,y
.95U S. ROWE
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_ORIGINAL PROPERTY LINE _ ...... ...... _ ...........
CROCKETT STREET— (ABANDONED BY CITY ORDINANCE NO. 17-005,—
(61.11' ROW) DATED JANUARY 21, 2017)
EXHIBIT "B"
REFER TO EXHIBIT "A"
FOR LEGAL DESCRIPTION
CITY OF BEAUMONT
MARK W. WHITELEY
AND ASSOCIATES
INCORPORATED
r.R
SULTING ENGINEERS,
VEYORS, AND PLANNERS
.L.S. FIRM NO. 10106700
P. O. BOX 602 3260 EASTEX FR-.
BEAUMONT, TEXAS 7772BS 92 BEAUMONT. TEXAS 77703
_4424421 (FAX) 400.642-13A
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EXHIBIT OF A
15' STORM SEWER
EASEMENT
NOAH TEVIS SURVEY
ABSTRACT NO. 52
BEAUMONT, JEFFERSON
COUNTY, TEXAS