HomeMy WebLinkAboutRES 17-137RESOLUTION NO. 17-137
WHEREAS, Natgasoline, LLC has agreed to convey one (1) ten foot (10') wide
exclusive water line easement, said easement being a 0.0138 acre tract out of Pelham
Humphries Survey, Abstract No. 32 as described and shown in Exhibit "1," attached
hereto, to the City of Beaumont to serve Martin Gas located at 10 Sulphur Plant Road
and Natgasoline Land Holding, LLC located at 2366 Sulphur Plant 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 exclusive water line easement conveyed by
Natgasoline, LLC, being a 0.0138 acre tract out of Pelham Humphries Survey, Abstract
No. 32 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 25th day of
July, 2017.
Va or Becky Ames -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, NATGASOLINE, LLC, a Delaware 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 `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 "I"
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 , 2017.
GRANTOR:
Natgasoline, LLC
a Delaware Limited Liability Company
its General Partner
By: Natgasoline Land Holding, LLC
a Delaware Limited Liability Company, its sole member
IC
Printed Name: Trey Fielder
Title: Chief Operating Officer
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this the day of ,
2017, by Trey Fielder, Chief Operating Officer of Natgasoline Land Holding, LLC, a Delaware
Limited Liability Company, its sole member, on behalf of said limited liability company as the
general partner of Natgasoline LLC, a Delaware Limited Liability Company, on behalf of said
limited partnership.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2017.
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
TBPE Firm No. F-5755
_,. TBPLS Firm No.1omnoo
LA EF.0005m
SURVEYORS &ENGINEERS
3737 Doctors Drive
Port Arthur, Texas 77642
Office (409) 983.2004
Fax (409) 983.2005
0.0138 ACRE OF -LAND
FOR WATER METER EASEMENT PURPOSES
OUT OF THE PELHAM HUMPHRIES SURVEY, ABSTRACT NO. 32,
JEFFERSON COUNT', TEXAS
BEING 0.0138 acre of land, for water meter easement purposes, out of the Pelham
Humphries Survey, Abstract No. 32, Jefferson County, Texas; being part of a (Called
191.13 1) acre tract of land, known as Tract V, described in a deed to Natgasoline Land
Holding LLC, recorded in File No. 2016010339, Official Public Records, Jefferson
County, Texas; said 0.0138 acre tract being more fully described by metes and bounds as
follows, to wit:
Note: Bearings, distances, coordinates and acreage are based on Texas Coordinate System
of 1983 (Epoch 2011), South -Central Zone, US Survey Feet. Referenced to SmartNet,
North America.
COMMENCING at a 5/8" steel rod in concrete found on the Northeast right of way line
of State Highway No. 347 for the Southwest corner of a (Called 2.82) acre tract of land
conveyed to CM Mid -County Properties, LLC, recorded in File No. 2007044127, Official
Public Records, Jefferson County, Texas and the Northwest corner of a (Called 4.634) acre
tract of land known as Tract II described in a deed to NAT Gasoline Land Holding, LLC,
recorded in File No. 2016010339, Official Public Records, Jefferson County, Texas; said
rod in concrete having Coordinates of N: 13955686.71, E: 3532489.38;
THENCE, North 74 deg., 39 min., 46 sec., East, a distance of 692.95' to a 5/8" steel rod
found for an angle point on the common line of a (Called 4.28) acre tract of land, known
as Parcel No. 240-E (Part 2), described in a judgment in favor of the State of Texas,
recorded in Volume 1476,, Page 76, Deed Records, Jefferson County, Texas and the (Called
191.13 1) acre tract;
THENCE, South 61 deg., 33 min., 40 sec., East, a distance of 151.41' to the POINT OF
BEGINNING and most Westerly corner of the herein described tract; said point for corner
having Coordinates of N: 13955797.89, E: 3533290.80;
THENCE, North 51 deg., 56 min., 26 sec., East, a distance of 30.00' to a point for the
most Northerly corner of the herein described tract;
THENCE, South 38 deg., 03 min., 34 sec., East, a distance of 20.00' to a point for the
most Easterly corner of the herein described tract;
THENCE, South 51 deg., 56 min., 26 sec., West, a distance of 30.00' to a point for the
most Southerly corner of the herein described tract;
THENCE, North 38 deg., 03 min., 34 sec., West, a distance of 20.00' to the POINT OF
BEGINNING and containing 0.0138 acre of land, more or less.
This description is based on the Land Survey made by Anthony M. Leger, Registered
Professional Land Surveyor No. 5481, on March 20, 2017.
City of Beaumont
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1. TIDE SURVEY ODES NOT WARRANT OWNERSHIP. THERE
MAY BE EASEMENTS, OR OTHER IIAT11RS NOT SHOWN.
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2. BEARNCOORDINATES, DISTANCES AND ACREAGE
ARE BASED ON THE TEXAS COORDINATE SYSTEM OF
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DRJ.C. - DEED RECORDS, JEFFERSON COUNTY \
O.P.R.J.O. - OFFICIAL PUBLIC RECORDS, JEFFERSON COUNTY
A -POINT FOR CORNER
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%� 3737 Doctors DYEve FOR WATER METER EASEME
■ P0Ft.4 lZ- , TFxes 27642 OUT OF THE PELHAM HUMP
v✓ TDL409.983.2004 ABSTRACT NO. 32, JEFFERSOt`
SURVEYORS & ENGINEERS F-409.963.2005 Pxoar aE
sovkexsurv0 ors.com CITY OF BEAUMONT
TJxva DAM �]i' • TXM FM "0 7800 9 12366 SULPHUR PLANT ROAD
W 20.00'
PURPOSES
S SURVEY
4)NTY. TEXAS
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INSET 'A'
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PROJ. N0: 17-0220
SCALE: 1 •=40'/1'=20'
PRINT DATE: 3/31/17
DRAWN BY: NJ
CHECKED BY: R.CREEL
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