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HomeMy WebLinkAboutRES 18-039RESOLUTION NO. 18-039 WHEREAS, Old Dowlen Cottages Apartments, LP has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.4900 acre of land situated in the Wesley Dykes Survey, Abstract No. 17, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for new development of cottages located at 4453-4489 Old Dowlen 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 Old Dowlen Cottages Apartments, LP, being a 0.4900 acre of land situated in the Wesley Dykes Survey, Abstract No. 17, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of February, 2018. STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, OLD DOWLEN COTTAGES APARTMENTS, LP, a Texas limited liability 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 EXHIBIT "1" 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 52018. GRANTOR: OLD DOWLEN COTTAGES APARTMENTS, LP, a Texas limited liability partnership BY: Old Dowlen Cottages Apartments GP, LLC Its General Partner Printed Name: Jeffery L. Kittle Title: Manager GRANTEE: CITY OF BEAUMONT By: Name: Kyle Hayes Title: City Manager ACKNOWLEDGMENTS STATE OF INDIANA COUNTY OF HAMILTON This instrument was acknowledged before me on this the day of , 2018, by Jeffrey L. Little, Manager of Old Dowlen Cottages Apartments GP, LLC, General Partner of Old Dowlen Cottages Apartments, LP, a Texas limited partnership, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such limited liability company for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2018. Notary Public, State of Indiana STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this day of , 2018, by Kyle Hayes, 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 3827 Beaumont, TX 77704 OLD DOWLEN COTTAGES OCTOBER 30, 2017 0.4900 OF ONE ACRE JOB NO. 5186-00 PROPOSED 10 FOOT WIDE WATER LINE EASEMENT EXHIBIT "A" DESCRIPTION OF A 0.4900 ACRE TRACT OF LAND SITUATED IN THE WESLEY DYKES SURVEY, ABSTRACT NO. 17 CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS BEING a 0.4900 ofdne acre.(21,3.44 square foot) of land situated in the Wesley Dykes Survey, Abstract No. 17, City of Beaumont .of Jefferson County, Tokas and being a portion of the remainder of a called 15.02 acre tract of land as described in an instrument to Latex Investors, L.P. recorded under Jefferson County Clerk's File Number (J.C.C.F. No.) 2007045002, said 0.4900 of one acre of land described by metes and bounds as follows: COMMENCING at a 5/8 -inch iron rod with cap stamped "TBPLS 1010 5600" found on the west right- of-way line of Old Dowlen Road (60 foot width) and being the most easterly southeast corner of a called 6.92 acre tract of land as described in an instrument to Cypress Place Apartments, LP recorded under J.C.C.F. No. 2015011133; THENCE, S 87, °fl0'42" W, along a southerly line of said 6.92 acre tract, a distance of 393.98 feet to a .point, from which a 5/8 -inch iron rod with cap stamped "BGE INC" found for an interior comer of said 6:92 acre tract bears S 87°00'02" Wj 401.39 feet; THENCE, over and across said 15.02 acre tract the following courses and distances: S 02059158" E, a distance of 10.00 feet to the POINT OF BEGINNING and the most northerly northeast comer of the herein described tract; S 02°59'58" E, a distance of 106.84 feet to an interior corner of the herein described tract; N 87°00'02" E, a distance of 190.01 feet to an interior corner of the herein described tract; N 02159'58" W, a distance of 25.91 feet to a point for corner, N 87°00'02" E, a distance of 10.00 feet to a point for corner, S 02159'58" E, a distance of 25.91 feet to an interior comer of the herein described tract; N 87600'02" E, a distance of 18.15 feet to a point for corner, S 47059'58" E, a distance of 28.99 feet to a point for corner, S 02°59'58" E, a distance of 57.21 feet to an interior comer of the herein described tract; N 87°00'02" E, a distance of 25.91 feet to a point for comer; S 02°59'58" E, a distance of 10.00 feet to a point for corner; S 87°00'02" W, a distance of 25.91 feet to an interior corner of the herein described tract; S 0215958" E, a distance of 112.76 feet to an interior corner of the herein described tract; N 87000'02" E, a distance of 25.91 feet to a point for corner; S 02°5958" E, a distance of 10.00 feet to a point for comer; Page I of 5 \\BROWNGAY.NET\PANZURA\REGIONS\TXH\PROJECTSU iERMANKITTLEPROPERTIES\518& 00 OLD DOWLEN COTTAGES\06_SURVEY\04_FINALS\MB\0 4900WLEMBI.DOCX OLD DOWLEN COTTAGES OCTOBER 30, 2017 0.4900 OF ONE ACRE JOB NO. 5186-00 PROPOSED 10 FOOT WIDE WATERLINE EASEMENT S 87°00'02" W, a distance of 25.91 feet to an interior corner of the herein described tract; S 02°59'58" E, a distance of 33.86 feet to a point for corner; S 42°00'02" W, a distance of 28.99 feet to a point for corner; S 87°00'02" W, a distance of 127.84 feet to a point for corner; N 67°58'37" W, a distance of 4.50 feet to a point for comer; S 87000102" W, a distance of 69.24 feet to an interior corner of the herein described tract; S 02059158" E. a distance of 32.00 feet to a point for corner; S 87°00'02" W, a distance of 10.00 feet to a point for corner; N 02059158" W, a distance of 18.84 feet to an interior corner of the herein described tract; S 87°01'23" W, a distance of 8.93 feet to a point for corner; N 02°58'37" W, a distance of 13.16 feet to an interior corner of the herein described tract; S 87°00'02" W, a distance of 160.71 feet to a point for comer; S 62°01'23" W, a distance of 4.50 feet to a point for corner; S 87°00'02" W, a distance of 100.98 feet to a point for corner; N 47°5958" W, a distance of 28.99 feet to a point for corner; N 02°59'58" W, a distance of 96.40 feet to an interior corner of the herein described tract; S 87°00'02" W, a distance of 25.91 feet to a point for corner; N 02°59'58" W, a distance of 10.00 feet to a point for corner; N 87°00'02" E, a distance of 25.91 feet to an interior corner of the herein described tract; N 02°59'58" W, a distance of 123.75 feet to an interior corner of the herein described tract; S 87°00'02" W, a distance of 28.11 feet to a point for corner; N 02°59'58" W, a distance of 10.00 feet to a point for corner; N 87°00'02" E, a distance of 28.11 feet to an interior corner of the herein described tract; N 02°59'58" W, a distance of 111.03 feet to a point for the most northerly northwest corner of the herein described tract; N 87°00'02" E, a distance of 10.00 feet to a point for corner; S 02°59'58" E, a distance of 290.03 feet to an interior corner of the herein described tract; N 87°00'02" E, a distance of 12.70 feet to a point for corner; Page 2 of 5 1XBRO WNGAY.NE-RPANZURA\REGIONSITXHIPROJECTSIHERMANKITTLEPROPERTIES15186- 00_OLD_DO WLEN_COTTAGES106_SURVEY104_FINALSIMB\O_4900 WLEMB I.DOCX OLD DOWLEN COTTAGES OCTOBER 30, 2017 0.4900 OF ONE ACRE JOB NO. 5186-00 PROPOSED 10 FOOT WIDE WATER LINE EASEMENT S 0215958" E, a distance of 10.00 feet to a point for comer, S 87000'02" W, a distance of 12.70 feet to an interior corner of the herein described tract; S 02°5958" E, a distance of 47.00 feet to an interior corner of the herein described tract; S 47°59'58" E, a distance of 536 feet to an interior corner of the herein described tract; N 42°00'02" E, a distance of 10.00 feet to a point for corner, S 47°59'58" E, a distance of 10.00 feet to a point for corner; S 42°00'02" W, a distance of 10.00 feet to an interior corner of the herein described tract; S 47°59'58" E, a distance of 5.36 feet to an interior comer of the herein described tract; N 87°00'02" E, a distance of 37.89 feet to an interior corner of the herein described tract; N 02°5958" W, a distance of 32.00 feet to a point for corner; N 87°00'02" E, a distance of 10.00 feet to a point for corner; S 02°59'58" E, a distance of 32.00 feet to an interior corner of the herein described tract; N 87°00'02" E, a distance of 46.73 feet to a point for comer; N 62°01'23" E, a distance of 4.50 feet to a point for corner; N 87100'02" E, a distance of 179.80 feet to an interior corner of the herein described tract; N 02°59'58" W, a distance of 49.00 feet to a point for corner; N 87°00'02" E, a distance of 10.00 feet to a point for corner; S 02°5958" E, a distance of 49.00 feet to an interior corner of the herein described tract; N 87°00'02" E, a distance of 63.51 feet to a point for comer; S 67°58'37" E, a distance of 4.50 feet to a point for comer; N 87°00'02" E, a distance of 121.47 feet to an interior corner of the herein described tract; N 42°00'02" E, a distance of 5.36 feet to an interior comer of the herein described tract; N 47°59'58" W, a distance of 10.00 feet to a point for corner; N 42°00'02" E, a distance of 10.00 feet to a point for corner; S 47°59'58" E, a distance of 10.00 feet to an interior corner of the herein described tract; N 42°00'02" E, a distance of 5.36 feet to an interior corner of the herein described tract; N 02°59'58" W, a distance of 111.64 feet to an interior corner of the herein described tract; Page 3 of 5 1\BRO W NGAY.NEIVANZURA\RE010NS�TXHIPROJECTSIHERMANKITTLEPROPERTIES15186- 00_OLD DOWLEN COTTAGESW6_SURVEY104 FINALSIMB\0_4900WLEMBI,DOCX OLD DOWLEN COTTAGES OCTOBER 30, 2017 0.4900 OF ONE ACRE JOB NO. 5186-00 PROPOSED 10 FOOT WIDE WATER LINE EASEMENT S 87100'02" W, a distance of 14.61 feet to a point for corner; N 02159'58" W, a distance of 10.00 feet to a point for corner; N 8700'02" E, a distance of 14.61 feet to an interior corner of the herein described tract; N 02°59'58" W, a distance of 84.91 feet to an interior corner of the herein described tract; S 8700'02" W, a distance of 10.00 feet to a point for corner; N 02°59'58" W, a distance of 10.00 feet to a point for corner; N 87°00'02" E, a distance of 9.00 feet to an interior comer of the herein described tract; N 47°59'58" W, a distance of 19.30 feet to an interior comer of the herein described tract; S 87°00'02" W, a distance of 26.84 feet to an interior corner of the herein described tract; S 02°59158" E, a ,distance of 20.16 feet to a point for corner, S 87°00'02" W, a distance of 10.00 feet to a point for corner; N 02°59'58" W, a distance of 20.16 feet to an interior corner of the herein described tract; S 87100'02" W, a distance of 113.11 feet to an interior comer of the herein described tract; S 02°59'58" E, a distance of 13.71 feet to a point for corner, S 87600'02" W, a distance of 10.00 feet to a point for corner; N 02059158" W, a distance of 13.71 feet to an interior corner of the herein described tract; S 87°00'02" W, a distance of 215.91 feet to an interior corner of the herein described tract; S 02°59'58" E, a distance of 13.71 feet to a point for corner; S 87°00'02" W, a distance of 10.00 feet to a point for corner; N 02°59'58" W, a distance of 13.71 feet to an interior corner of the herein described tract, S 87°00'02" W, a distance of 82.35 feet to an interior comer of the herein described tract; S 02°59'58" E, a distance of 10.00 feet to a point for corner; S 87°00'02" W, a distance of 10.00 feet to a point for corner; N 02°59'58" W, a distance of 10.00 feet to an interior corner of the herein described tract; S 87100'02" W, a distance of 14.00 feet to a point for corner; N 02°59'58" W, a distance of 10.00 feet to a point for corner; N 87°00'02" E, a distance of 115.90 feet to an interior corner of the herein described tract; Page 4 of 5 UBROWNGAY.NE'RPANZURAIREGIONSITXH\PROJECTS\HERMAN KITTLEPROPERTIES15186- 00 OLD_DOWLEN COTTAGES106_SURVEY\04—FtNALS\MB10 4900WLEMBI.DOCX OLD DOWLEN COTTAGES OCTOBER 30, 2017 0.4900 OF ONE ACRE JOB NO. 5186-00 PROPOSED 10 FOOT WIDE WATER LINE EASEMENT N 02°59'58" W, a distance of 26.05 feet to a point for corner; N 87°00'02" E, a distance of 10.00 feet to a point for corner; S 02°59'58" E, a distance of 26.05 feet to an interior corner of the herein described tract; N 87°00'02" E, a distance of 142.29 feet to an interior corner of the herein described tract; N 02°59'58" W, a distance of 32.00 feet to an interior corner of the herein described tract; S 87°00'02" W, a distance of 10.00 feet to a point for corner; N 02°59'58" W, a distance of 10.00 feet to a point for corner; N 87°00'02" E, a distance of 10.00 feet to an interior corner of the herein described tract; N 02°59'58" W, a distance of 64.84 feet to a point for corner; N 87°00'02" E, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.4900 of one acre (21,344 square feet) of land. Bearing orientation is based on the Texas Coordinate System of 1983 (NAD83), South Central Zone 4204 and is referenced to monuments found along a south line of a called 6.92 acre tract as cited herein and as shown on a survey plat of even date prepared by the undersigned in conjunction with this metes and bounds description. The above description is not to be used for fee conveyance. la ffies B. McAllister, Jr. RPLS No. 5717 GE, Inc. 10857 Kuykendahl Road, Suite 250 The Woodlands, Texas 77382 Telephone: (281) 210-5570 TBPLS Licensed Surveying Firm No. 10194119 Page 5 of 5 \1BROWNGAY.NETIPANZURA\ REGIONS\TXHIPROJECTS\HERMANKITfLEPROPERTIM]86- 00_OLD_DOWLEN_COTCAGES\06_SURVEY\04 FINALS\MB\0_ 4900WLEMBI.DOCX r 112M z^ U aaKK� N O rn to+o Q ¢ Z a LL: Q � U U N U U: CALLED 3.5176 ACRES JEFFERSON J.C.C.FNOR 21014022973 ICT NO, 6 CALLED 6.92 ACRES FND, 5/8" 1. ROD CYPRESS C.F. NO APARTMENTS., ART NT LP W/bCE INC CAP _ - 5 87•DO'02" W 401.39' - - - - - - 10' CITY OF.BEAUMONT W.L.E. P.O.B. CALLE 0,1Ar J.C.C. D NO; 201 011 33 0 J.C.C.F. NO. 2016023407 �s REMAINDER OF A CALLED 15.02 ACRES LATEX INVESTORS, LP. J.C,C.F. NO. 2007045002 L25 - CALLED 14.35 ACRES PROMISE PROPERTIES, LLC & THE POINTE BEAUMONT, LLC J.C.C.F. NO. 2015022172 OF u P.O.C. FND. 5/8" L ROD W/TBPLS 1070 5500 CAF y_393.98'------- 900 OF ONE Al 21,344 SQ. FT. .MES B. McALL.STER: JR. j :A 5'717 P., MES B. McALL&ER, JR, RPLS NO. C9 PSE•Ess;pr' r GE, INC. Al, ••• ��� 10857 KUYKENDAHL ROAD, SUITE 250 SURA THE WOODLANDS, TEXAS 77382 TELEPHONE: (281) 210-5570 LEGEND 0 100 FND. FOUND I. IRON J.C.C.F. JEFFERSON COUNTY CLERK'S FILE NO. NUMBER P, 0. B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING R.O.W. RIGHT-OF-WAY SQ. FT. SQUARE FEET W.L.E. WATER LINE EASEMENT NOTES: 1. THIS EXHIBIT IS FOR GRAPHICAL PURPOSES ONLY IN RELATION TO THE EASEMENT(S) '- SHOWN HEREON AND IS NOT A BOUNDARY SURVEY NOR SHALL IT BE CONSTRUED IN ANY WAY AS A BOUNDARY SURVEY. 2. A SEPARATE METES AND BOUNDS DESCRIPTION HAS BEEN PREPARED IN CONJUNCTION WITH THIS EXHIBIT. 3. BEARING ORIENTATION IS BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE. BGF,oa5 1085IK � 7 Kuykendehl Road, Buile 250, The Nbadlend%TX 77382 Tet 281-210-6570 a ~ bgebccom TSPLS Llcerreed Smeyl0g Flan No. 10184119 a. EXHIBIT "B" 10 FOOT WIDE W.L.E. SITUATED IN THE WESLEY DYKES SURVEY, A-17 7 CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS Scale: Job No.:, I Date: Drawing: 1°=100' 5186-00 10/30/17 1 OF 2 0 o: PROJECT LOCATION �, of Bae, me 19867 Kuykendenl Raed, guile 260, The wcodiande, 7x 7)502 Tek 201-210ZM • www.bgekaoxn TBPLS Loaned Surveying FYm Na 10194119 EXHIBIT "B" 10 FOOT WIDE W.L.E. SITUATED IN THE WESLEY DYKES SURVEY, A-17 CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS Scale: I Job No.: Date: Drawing: 1"=100' 5186-00 10/30/17 2 OF 2 LINE TA LE UM R BEARIN DISTANCE 5 10.00' 2' E 106. 3 N 7' 0 02 �_ 190.01 4 N 02"59'58" W 25.91; 5 N 87'00'02"" 10.00 6 S 5 91 7 0 18,15" 8 S 47' 28.99' 9 S 02*59'58"' E 57,21' 10 N 87'00'02' E .91 1 S 02*59'58- 00 L12 S 87'00'02" W 25.9V 13 14 S 02'59 58" E N 7' O'0 25.91 L15 S 9 1 .00 L16 5 87'00'027' W 2 .91 7 S 5 E 3 .86 8 S 42*00'02 W 28.99'—� S T W 127.84' D N 67*58'37" W 4 1 S 7'0 0 W' 6 .24 2 S 02-59;58 32.00' 3 S 7'0 0 W 10.00' L24 5 58 S 7' W W 18.84' 8.93' 6 N 3 W 13.16' 7 S 87'00'02- W .7 1-28 S 2'01 23 W 4.50' L29 S 87'00'02- W 100.98- .98L30 L.30 47-)9'58- 28.99' L 1- N 2.5 5 W 96.40' 2 S 87'00'02"W 25.91' 3 N 02*59'58"W 10.00 4N 87'00 02 E 25.91' 35 L36 N 02'59'58" S T W 123.75' 28.11 L37 N 2' W 10.00' L38 N 87-00-02" 28,11- L39 N 02'59 58 W 111.03' L40 N 87V'02'w E 10.00' 41 5 02'5 5 E 290.03' 42 N 7 12.70' L43 0 59 10.00' 444 S 700 0 W 12,70' 45 S 2 59'58" E 47.00' 6 L47 S 47"59'5 - N 42'00 0 6 00 48 S 7'5 5 E 1000' 49 S 0 50 S 7 5 5& E 5,36 L 1 N 7'0 0E 3 .89 2 3 N 5' W N 7'0 0 E 3 00 10.00 0 o: PROJECT LOCATION �, of Bae, me 19867 Kuykendenl Raed, guile 260, The wcodiande, 7x 7)502 Tek 201-210ZM • www.bgekaoxn TBPLS Loaned Surveying FYm Na 10194119 EXHIBIT "B" 10 FOOT WIDE W.L.E. SITUATED IN THE WESLEY DYKES SURVEY, A-17 CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS Scale: I Job No.: Date: Drawing: 1"=100' 5186-00 10/30/17 2 OF 2 Old Dowlen Cottages 4453-4489 Old Dowlen Road Beaumont, Texas 77706 o - rJWea.est Parkway ((! The Pointe Apartments Raising Ganes l Chicken Fingers I _ a I -S 9 g`g The Pointe Apartments 3 _ n 8� tMaj Deck WvQ _ y o Kohl's Beaumont 9 L PerformanwCar Audio 9 Pet m rt f Petco Anfinel_Supplies 9 Watmart Supercenter f(ice.Depol La(g�a1n'r J _ _ i r 19 I C"" Nottu Q D Panda Express (� Raising Cane's Chicken Fingers Qa ' Verizon 9 El 0 �a - Panera Bread Parkdale Place 9 0 d Chick -m -A II I I i 11llll 1 1 1111 IN I-IIIEA-S 2018007�43 STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, OLD DOWLEN COTTAGES APARTMENTS, LP, a Texas limited liability 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 t 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. J 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 12018. GRANTOR: OLD DOWLEN COTTAGES APARTMENTS, LP, a Texas limited liability partnership BY: Old Dowlen Cottajz'es 4partments GP, LLC By: Printed a e: Jeffery L. Kittle Title: ager GRANTEE: CITY OF BEAUMONT Bv: Name: Kyle Hayes Title: City Manager ACKNOWLEDGMENTS STATE OF INDIANA COUNTY OF HANIILTON This instrument was acknowledged before me on this the day of 2018, by Jeffrey L. Little, Manager of Old Dowlen Cottages Apartments GP, LLC, General Partner of Old Dowlen Cottages Apartments, LP, a Texas limited partnership, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such limited liability company for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Okay of , 2018. Notar b ' , t e of Indiana JENNIFER PRICE Notary Public -Indiana !�� Resident of Marion County STATE OF TEXAS § °� My Commission Expires Dec. 24 2023 COUNTY OF JEFFERSON This instrument was acknowledged before me on this W- day of )7Cbntq V , 2018, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, on behalf of said municipal corporation. ANGELA MARIETHOMAS Notary ID #10455072 My Commission Expires July3,2021 RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 r Notary Public, State of Texas OLD DOWLEN COTTAGES OCTOBER 30, 2017 0.4900 OF ONE ACRE JOB NO.5186-00 I PROPOSED 10 FOOT WIDE WATER LINE EASEMENT EXHIBIT "A" DESCRIPTION OF A 0.4900 ACRE TRACT OF LAND SITUATED IN THE WESLEY DYKES SURVEY, ABSTRACT NO. 17 CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS BEING a 0.4900 of one acre (21,344 square foot)of land situated in the Wesley Dykes Survey, Abstract No. 17, City of Beaumont bf Jefferson .County, Texas and being a portion of the remainder of a called 15.02 acre tract of land as described in an instrument to Latex Investors, L.P. recorded under Jefferson County Clerk's File Number (J.C.C.F. No.) 2007045002, said 0.4900 of one acre of land described by metes and bounds as follows: COMMENCING at a 5/8-inch iron rod with cap stamped "TBPLS 1010 5600" found on the west right- of-way line of Old Dowlen Road (60 foot width) and being the most easterly southeast corner of a called 6.92 acre tract of land as described in an instrument to Cypress Place Apartments, LP recorded under J.C.C.F. No. 2015011133; THENCE, S 87°OU'02" W, along a southerly line of said 6.92 acre tract, a distance of 393.98 feet to a point, from which a 5/8-inch iron rod with cap stamped "BGE INC" found for an interior corner of said 6.92 acre tract bears S '87°Q0'02" W, 401.39 feet; THENCE, over and across said 15.02 acre tract the following courses and distances: S 02°59'58" E, a distance of 10.00 feet to the POINT OF BEGINNING and the most northerly northeast corner of the herein described tract; S 02°59'58" E, a distance of 106.84 feet to an interior corner of the herein described tract; N 87°00'02" E, a distance of 190.01 feet to an interior corner of the herein described tract; N 02059158" W, a distance of 25.91 feet to a point for comer; N 87°00'02" E, a distance of 10.00 feet to a point for corner; S 02°59'58" E, a distance of 25.91 feet to an interior corner of the herein described tract; N 87°00'02" E, a distance of 18.15 feet to a point for corner; S 47°59'58" E, a distance of 28.99 feet to a point for corner; S 02°59'58" E, a distance of 57.21 feet to an interior corner of the herein described tract; N 87°00'02" E, a distance of 25.91 feet to a point for corner, S 02°59'58" E, a distance of 10.00 feet to a point for corner; S 87°00'02" W, a distance of 25.91 feet to an interior corner of the herein described tract; S 02°59'58" E, a distance of 112.76 feet to an interior corner of the herein described tract; N 87°00'02" E, a distance of 25.91 feet to a point -for corner; S 02°59'58" E, a distance of 10.00 feet to a point for comer; Page I of 5 MRO WNGAY.NET\PANZURA\REGIONS\TXH\PROJECTS\HERMANKITTLEPROPERTIES\5I86- 00_OLD DOWLEN COTTAGES\06 SURVEY\04_FINALSNB\0 4900WLEMBI,DOCX OLD DOWLEN COTTAGES OCTOBER 30, 2017 0.4900 OF ONE ACRE JOB NO.5186-00 PROPOSED 10 FOOT WIDE WATERLINE EASEMENT S 87°00'02" W, a distance of 25.91 feet to an interior comer of the herein described tract; S 02°59'58" E, a distance of 33.86 feet to a point for corner; S 42000102" W, a distance of 28.99 feet to a point for corner; S 87°00'02" W, a distance of 127.84 feet to a point for corner, N 67°5837" W, a distance of 4.50 feet to a point for corner; S 87°00'02" W, a distance of 69.24 feet to an interior corner of the herein described tract; S 02°5958" E, a distance of 32.00 feet to a point for corner; S 87°00'02" W, a distance of 10.00 feet to a point for corner; N 02°59'58" W, a distance of 18.84 feet to an interior corner of the herein described tract; S 870 W, a distance of 8.93 feet to a point for corner; N 02°5837" W, a distance of 13.16 feet to an interior corner of the herein described tract; S 87"00'02" W, a distance of 160.71 feet to a point for comer; S 62°01'23" W, a distance of 4.50 feet to a point for corner; S 87°00'02" W, a distance of 100.98 feet to a point for corner; N 47°59'58" W, a distance of 28.99 feet to a point for corner; N 02°59'58" W, a distance of 96.40 feet to an interior corner of the herein described tract; S 87°00'02" W, a distance of 25.91 feet to a point for comer; N 02"59'58" W, a distance of 10.00 feet to a point for corner; N 87°00'02" E, a distance of 25.91 feet to an interior corner of the herein described tract; N 02°59'58" W, a distance of 123.75 feet to an interior corner of the herein described tract; S 87"00'02" W, a distance of 28.11 feet to a point for corner; N 02°59'58" W, a distance of 10.00 feet to a point for corner; N 87000102" E, a distance of 28.11 feet to an interior corner of the herein described tract; N 02°59'58" W, a distance of 111.03 feet to a point for the most northerly northwest corner of the herein described tract; N 87°00'02" E, a distance of 10.00 feet to a point for corner; S 02°59'58" E, a distance of 290.03 feet to an interior corner of the herein described tract; N 87°00'02" E, a distance of 12.70 feet to a point for corner; Page 2 of 5 \\BRO WNGAY.NE'RPANZURA\R EGIONS\TXH\PROJECTS\HERMANKITTLEPROPERTI ES\5186- 00 OLD DOWLEN COTTAGES\06 SURVEY\04 FINALS\MB\0 490OWLEMBI_DOCX OLD DOWLEN COTTAGES OCTOBER 30, 2017 0.4900 OF ONE ACRE JOB NO. 5186-00 PROPOSED 10 FOOT WIDE WATERLINE EASEMENT S 02°59'58" E, a distance of 10.00 feet to a point for corner; S 87°00'02" W, a distance of 12.70 feet to an interior corner of the herein described tract; S 02°59'58" E, a distance of 47.00 feet to an interior comer of the herein described tract; S 47°59'58" E, a distance of 5.36 feet to an interior corner of the herein described tract; N 42°00'02" E, a distance of 10.00 feet to a point for comer; S 47°59'58" E, a distance of 10.00 feet to a point for corner; S 42°00'02" W, a distance of 10.00 feet to an interior comer of the herein described tract; S 47°59'58" E, a distance of 5.36 feet to an interior comer of the herein described tract; N 87°00'02" E, a distance of 37.89 feet to an interior corner of the herein described tract; N 02°59'58" W, a distance of 32.00 feet to a point for corner; N 87"00'02" E, a distance of 10.00 feet to a point for comer; S 02°59'58" E, a distance of 32.00 feet to an interior comer of the herein described tract; N 87°00'02" E, a distance of 46.73 feet to a point for comer; N 62'01'23" E, a distance of 4.50 feet to a point for corner; N 87°00'02" E, a distance of 179.80 feet to an interior corner of the herein described tract; N 02°59'58" W, a distance of 49.00 feet to a point for comer; N 87°00'02" E, a distance of 10.00 feet to a point for comer; S 02°59'58" E, a distance of 49.00 feet to an interior comer of the herein described tract; N 87000102" E, a distance of 63.51 feet to a point for corner, S 6758'37" E, a distance of 4.50 feet to a point for corner; N 87°00'02" E, a distance of 121.47 feet to an interior corner of the herein described tract; N 42°00'02" E, a distance of 5.36 feet to an interior corner of the herein described tract; N 47°59'58" W, a distance of 10.00 feet to a point for corner; N 42°00'02" E, a distance of 10.00 feet to a point for corner; S 47°59'58" E, a distance of 10.00 feet to an interior corner of the herein described tract; N 42°00'02" E, a distance of 5.36 feet to an interior corner of the herein described tract; N 02°59'58" W, a distance of 111.64 feet to an interior comer of the herein described tract; Page 3 of 5 \\BRO WNGAY,NET\PANZURA\REGIONS\TXH\PROJECTS\HERMANKITTLEPROPERTIES\5186- 00 OLD DOWLEN_COTTAGES\06_SURVEY\04 FINALS\MB\0 4900WLEMBI.DOCX OLD DOWLEN COTTAGES OCTOBER 30, 2017 0.4900 OF ONE ACRE JOB NO.5186-00 PROPOSED 10 FOOT WIDE WATERLINE EASEMENT S 87100102" W, a distance of 14.61 feet to a point for comer, N 02059158" W, a distance of 10.00 feet to a point for corner; N 87°00'02" E, a distance of 14.61 feet to an interior corner of the herein described tract; N 02°59'58" W, a distance of 84.91 feet to an interior corner of the herein described tract; S 87°00'02" W, a distance of 10.00 feet to a point for corner; N 02°59'58" W, a distance of 10.00 feet to a point for corner; N 87°00'02" E, a distance of 9.00 feet to an interior corner of the herein described tract; N 47°59'58" W, a distance of 19.30 feet to an interior corner of the herein described tract; S 87°00'02" W, a distance of 26.84 feet to an interior corner of the herein described tract; S 02°59'58" E, a distance of 20.16 feet to a point for corner; S 87000'02" W, a distance of 10.00 feet to a point for corner; N 02°5958" W, a distance of 20.16 feet to an interior corner of the herein described tract; S 87°00'02" W, a distance of 113.11 feet to an interior comer of the herein described tract; S 02'59'58" E, a distance of 13.71 feet to a point for corner, S 87°00'02" W, a distance of 10.00 feet to a point for comer; N 02"5958" W, a distance of 13.71 feet to an interior corner of the herein described tract; S 87°00'02" W, a distance of 215.91 feet to an interior corner of the herein described tract; S 02°59'58" E, a distance of 13.71 feet to a point for corner; S 87°00'02" W, a distance of 10.00 feet to a point for comer; N 02°59'58" W, a distance of 13.71 feet to an interior corner of the herein described tract; S 87°00'02" W, a distance of 82.35 feet to an interior corner of the herein described tract; S 02°59'58" E, a distance of 10.00 feet to a point for corner; S 87°00'02" W, a distance of 10'.00 feet to a point for corner; N 02°59'58" W, a distance of 10.00 feet to an interior corner of the herein described tract; S 87°00'02" W, a distance of 14.00 feet to a point for corner, N 02°59'58" W, a distance of 10.00 feet to a point for corner; N 87°00'02" E, a distance of 115.90 feet to an interior corner of the herein described tract; Page 4 of 5 11BROWNGAY.NETIPANZURA\REGIONSITXHtPROJECTS\HERMAN K[TTLEPROPERTIES15186- 00_OLD WWLEN COTTAGES106_SURVEY104_F[NALSWIBIO 4900WLEMBI.DOCX OLD DOWLEN COTTAGES OCTOBER 30, 2017 0.4900 OF ONE ACRE JOB NO.5186-00 PROPOSED 10 FOOT WIDE WATERLINE EASEMENT N 02°5958" W, a distance of 26.05 feet to a point for corner; N 87°00'02" E, a distance of 10.00 feet to a point for corner; S 02059'58" E, a distance of 26.05 feet to an interior corner of the herein described tract; N 87°00'02" E, a distance of 142.29 feet to an interior corner of the herein described tract; N 02°59'58" W, a distance of 32.00 feet to an interior corner of the herein described tract; S 87°00'02" W, a distance of 10.00 feet to a point for corner; N 02°59'58" W, a distance of 10.00 feet to a point for corner; N 87°00'02" E, a distance of 10.00 feet to an interior corner of the herein described tract; N 02°5958" W, a distance of 64.84 feet to a point for corner; N 87°00'02" E, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.4900 of one acre (21,344 square feet) of land. Bearing orientation is based on the Texas Coordinate System of 1983 (NAD83), South Central Zone 4204 and is referenced to monuments found along a south line of a called 6.92 acre tract as cited herein and as shown on a survey plat of even date prepared by the undersigned in conjunction with this metes and hounds .description. The above description is not to be used for fee conveyance. Ja " es "B. McAllister, Jr. RPLS No. 5717 GE, Inc. 10857 Kuykendahl Road, Suite 250 The Woodlands, Texas 77382 Telephone: (281) 210-5570 TBPLS Licensed Surveying Firm No. 10194119 Page 5 of 5 \\BRO W NGAY.NETIPANZU RA\REG IONS\TXHIPROJECTS\I-MRMAN KITT LEPROPERTIES\5186- 00_OLD_DOWLEN_COTTAGES\06 SURVEY\04 FINALS\MB\0 4900WLEMBI.DOCX CALLED 3,5175 ACRES JEFFERSON CF NO COUNTY DRAINAGE DIS J.C.C.F. 297T3RICT N0. 6 CALLED 6.92 ACRES MD, 518' 1. ROD CYPRE i.0 C.F . ACEPART2o150NT , LP £ Wllb INC CAP S 87'00'02' W a0t.39' ---^ — 10 CITY OF,BEAUMONT W.L.E. o P.O.B. GALLED 0.183• ACRES J.C.C.F:. N0: 2015011133 J.C.C.F. NO, 2016023407 L103 o 6 -t84 .. ZM to t 8 W v O < u)Q 046N REMAINDER OF A ozCALLED rL3 15.02 ACRES LATEX INVESTORS, L.P. ZI ti J.C.C.F. NO. 2007045002 U 5 L25 CALLED 14.35 ACRES PROMISE PROPERTIES, LLC & THE POINTE BEAUMONT, LLC J.C.C.F. NO. 2015OZ2172 P.O.C. FND, 518- 4 ROD WI%9FLS 1010 56GO CAP �_393.98 .-------- 300 OF ONE At 21,344 SQ. FT. I N LEGEN 0 100 FND. FOUND I. IRON OJ.C.C.F. JEFFERSON COUNTY CLERK'S FILE C, NO. NUMBER z P.O.B. POINT OF BEGINNING W O P.O.C. POINT OF COMMENCING R.O.W. RIGHT—OF—WAY SQ. FT. SQUARE FEET O cD W.L.E. WATER LINE EASEMENT Q NOTES: 12, 1. THIS EXHIBIT IS FOR GRAPHICAL PURPOSES ONLY IN RELATION TO THE EASEMENT(S)' SHOWN HEREON AND IS NOT A BOUNDARY SURVEY NOR SHALL IT BE CONSTRUED IN ANY WAY AS A BOUNDARY SURVEY. 2. A SEPARATE METES AND BOUNDS DESCRIPTION HAS BEEN 'PREPARED IN CONJUNCTION WITH THIS EXHIBIT. 3. BEARING ORIENTATION IS BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE. I I � eae, mo. II 1cBM 67 Huykeehl RoaE, 9WIe 260, The Wootlle�s, TX 77332 Tax29+-21aas7o. rww.bgeMemm ES B. McALLISTER, JR. RPLS NO. 5717 GE, INC. 10857 KUYKENDAHL ROAD, SUITE 250 THE WOODLANDS, TEXAS 77382 TELEPHONE: (281) 210-5570 /D/ra 7 TSPLS Uoamd surveying Firm Na 10194+te EXHIBIT "B" 10 FOOT WIDE W.L.E. SITUATED IN THE WESLEY DYKES SURVEY, A-17 CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS Scol e: Job No.:. I Do to: Dr Wing: 1"=100' 5186-00 10/30/17 1 OF 2 LINE TABLE NUMBER BEARING 101SIOCE 1 S02'95 1 .0 S 02'59'58 E 106. 3 N 87' 00 F 1 0.0 4 02' 9 5 25.9 L N 8'00 1 .00 6 S 02 9 5 5.91 L7 57' 0 0 1 .15 ' L8 S 7' 9 5 2 .9 9 S 02'59 5 5 .2 10 N 8 00 25.91 1jp 1 i S 2' 5 1 0 72 S 87 00 W 2 .91 13 S 02' 9 5 1 .7�_ 14 N 87 0 0 .91 15 S 02' 9 5 1 00 16 S 87 0 5.9 L17 S 0 9 5 r- .86 L18 S 42' 0 .9 1 S87'00 1 7.4 20 N 6 8 3 ' W 4.50 21 S 87' 0 0 6 .2 22 L23 S 02�'S9 58 S 7' 0 0 1 00 24 9 5 1 84 25 S 87' 1 2 W 3 8-22 26 N 02' 8 3 - 1 .7 6 7 S87'Q0 1 0.7 28 5 62" 1 3 4 50 29 S 87'00 0 1 .9 L30 47' 9 5 2 .9 L31 N 02' 9 8 9 . 32 SS 87*00 0 .91 33 02' 9 5 W 10.0 34 N 87' D 0 569, 35. N095 137 36 L37 S 7 0 0 9 5 W 128' 1 10.00 38 39 N 87'00 0 - �- N 02' 9 w .11 111.03 40 N 87000 1 .0 L41 S 02' 9 58 0. 42 N 87' 0 0 12.70 43 SQ9 E 1 .00 L44 S 87"00 0 1 .7 S 02' 9 5 47,0 e45 46 S 47 5 36' L47 N 42' D .00 48 S 4 9'S 1 ,00 49 S 2'00 02 W 0.0 50 S 47' 9 5 36 L51 N 87'00 02 E 37.89: 52 N 2' .00 53 N 87 0 E LINE A U B TA 4 S 02'59'58"E 3 0 L55 87'0 E 46.7 _N L56 N 2'0123 E 4.50 L57 N 7'0 02 E 17 8 L 8 N 02'5 58 W 49 00 L 9 RL O N '0 S O 1 0 49. L 1 N 0 63.51 L52 S B 'S 37 E 4. 0 L 3 0 02 E 121 47 qL 4 N '0 02 5. 6 L '5 58 W 10.00 L66 N '0 2 7 S 7'5 58 10.00 8N TO 0 6 L 9 N 'S 58 W 111.64 D L 1 S 87'00 'W N O 'S S8� 14.61 L 00 02 E 14.61 L 3 N '5 58 84 1 ' L 4 S 87'00 02 W 10.00 L75 N '59 58 W 10. L76 02 E 9.00 L77 N '5 5 W 19.30 L 8 S 87*00 02 W 26.84� L 9 '59 8 E 2Q.16 L80 S 87.0002 W 10. 00 L81 N 02'5 58 2 6 L 2 S 7' 0 W 11 11 L3 SQ2:5 5 E 13.71 L 4 S 0 W 0O0 L85 59 58' W 13 1 L 6 S 87'00 02 W 91 L5 S 'S '58'` E 13 1 S 8 '0 0 L 9 L 0 N 2'5 S 5 02 W 13. 1 8 L 1 S 5 58 E 10 00 L 2 7'0 . W 0. 0 L�3 LL N 2'5 S 'S 58 2 W 0 0 14-00� 95 0 58 10 00 96 N 7' 02 E 1 90 L97 N 'S 58 W 26 05 L98 7' 0 E 10 00 L 9 S . 2'5 58 OS L 00 7'0 2 4 Li 1 '5 58 0" �102 S 0 0 W 10 L01�3 5 5 W 0 0 04 N 87'00 02 E '5 '58" 0. 0 L1 5 W 64.84 L106 N 0 0.00 PROJECT _OCATION VICINITY MAP NOT TO. SCALE 1085 tnc = 1088714rykentlehl Read, SUN 250, The Woodlsnde, TX 77092 Tat 291-210Z570 a www.bgQ=c m TSPLS Licensed Surveying Flnn No. 10194119 m EXHIBIT B" 10 FOOT WIDE W.L.E. SITUATED IN THE WESLEY DYKES SURVEY, A-17 CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS Scala Job No» Date: Drawln9: 1"-100' 5186-00 10/30/17 2 OF 2 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Carolyn L. Guidry, County Clerk Jefferson County, Texas February 28, 2018 01:24:11 PM FEE: $62.00 2018007443