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HomeMy WebLinkAboutRES 18-089RESOLUTION NO. 18-089 WHEREAS, Emily Ann Clifton has agreed to convey one (1) fifteen foot (15') wide exclusive water line easement, said easement being out of Plat D11, Tract 44, situated in the A. Williams Survey, Abstract No. 285, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for the Water Main Project between Cottonwood Avenue and Caldwell Avenue; 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) fifteen foot (15') wide exclusive water line easement conveyed by Emily Ann Clifton, being out of Plat D11, Tract 44, situated in the A. Williams Survey, Abstract No. 385, 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 24th day of April, 2018. ttyor Becky Ames - THE STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT PROJECT: Water Main Project Tract 44 a X This agreement between EMILY ANN CLIFTON, of the County of Jefferson, State of Texas, hereinafter called GRANTOR, and the CITY OF BEAUMONT, acting by and through its duly authorized Agent, hereinafter called GRANTEE, witnesseth: CITY OF BEAUMONT and the GRANTOR above recited have reached an agreement wherein the GRANTOR are to convey to the CITY OF BEAUMONT property described fully in a Water Line Easement to be executed by GRANTOR, to which reference is hereby made for complete description, said property being briefly described as follows: 15 feet wide easement, situated in the Absalom Williams Survey, Abstract No. 385, in the City of Beaumont, Jefferson County, Texas The consideration and conditions of agreement are fully listed and stated. The CITY OF BEAUMONT will pay GRANTOR as follows: TWO THOUSAND THREE HUNDRED NINETY-FOUR AND NO1100 DOLLARS ($2,392.00) All liens and taxes (either current or delinquent) will be deducted. It is further agreed that the terms of agreement herein stated are in consideration of the delivery to the CITY OF BEAUMONT of a valid conveyance of all rights, title and interest described in the Special Warranty Deed from GRANTOR to the CITY OF BEAUMONT. THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. EXECUTED this ---� day of -k-vv- ' 20(8. CITY OF BEAUMONT Antoinette Hardy Real Properly Coordinator EXHIBIT "1" EMILY ANN CLIFTON R Emily Ann r lifton STATE OF TEXAS X COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, EMILY ANN CLIFTON, resides 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, 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", 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 A � day of �' � 1 , 2018. GRANTOR: EMILY ANN CLIFTON By: m : f C� (�}� GRANTEE: CITY OF BEAUMONT By: Name: Kyle Hayes Title: City Manager ACKNO)UEDGMENTS STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this � day of -Ap'1 , 2018, by Emily Ann Clifton. lemy GREGORY B. CANTUENOTARY PUBLICSTATE OF TEXAS ID # 7646005 otar c,State of Texas Comm. Expires 05-26-2020 y STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this day of , 2017, 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 State of Texas § xI SCHAUMBURG & P0W, �•� County of Jefferson § �C`thtq%=i:::r i€: yj Field notes describing the centerline of a proposed 15 feet wide easement, being the west 15 feet of atract with no called acreage, recorded in Volume 2063, Page 468, Official Public Records of Jefferson County, Texas, in the Absalom Williams Survey, Abstract 3 85, Jefferson County, Texas. All bearings, distances, and acreages are grid and are referenced to the State Plane Coordinate System, NAD 83, Texas South Central Zone, U.S. Survey feet. Mapping angle for this project is +02° 23' 26" and the scale factor is 0.999952232. See accompanying plat. COMMENCING at a 1/2 inch iron rod with cap marked "SPI 6535" set at the intersection of the east line of the B.N.SX. Railroad (called 100 feet wide R.O.W.) and the south line of Live Oak Street (called 60 feet wide RO.W.), and at the northwest comer of said Tract recorded in Volume 2063, Page 468. Said 1/2 inch iron rod has a State Plane coordinate value ofN: 13979587.26 and E: 3511236.54. TBENCE N 85° 42' 21" E with the south line of said Live Oak Street and the north line of said Tract recorded in Volume 2063, Page 468, a distance of 8.76 feet to the PLACE OF BEGINNING, having a State Plane coordinate value ofN: 13979587.92 and E: 3511245.27. TBENCE S 35° 23' 19" E parallel with and 7.5 feet perpendicular to the west line of said Tract recorded in Volume 2063, Page 468'a distance of 163.49 feet to the place of termination, containing 163.49 total linear feet, from which a 1/2 inch iron rod with cap marked "SPI 6535" set at the intersection of an Alley (called 20 feet wide R.O.W.) and the east line of said BN.S.F. Railroad at the southwest comer of said Tract recorded in Volume 2063, Page 468 and the northwest comer of the remainder of Tract 44 Block L, Section D-11, as shown on the Official City of Beaumont Map dated April, 1980, an unrecorded map found on file at the City of Beaumont Engineering Department bears S 850 42'21" W a distance of 8.76 feet and a 1/2 inch iron rod with cap marked "SPT 6535" set at the intersection of the south line of said Alley and the east line of said B.N.S.F. Railroad, at the southwest corner of said remainder of Tract 44 and the northwest corner of Tract 43, Block L, Section D-11, said City of Beaumont Map bears S 13° 40' 26" E a distance of 2027 feet. Said place of termination has a State Plane coordinate value of N: 13979454.63 and E: 3 511339.95. I, Daniel J. Warrick, do hereby certify that this description reflects an accurate survey made on the ground and according to law, and that the limits, boundaries, and comers are truly described just as I found or set them. Given under my hand and seal this 30th day of November, 2017. nru\s TEa� Daniel J. Warrick Registered Professional Land Surveyor No. 6535 T13PLS FIRM REGISTRAMON NO. 10194353 3 Coliege Street, Suite 100 1 Beaumont, TT 77707 )1.866.034'1 I•F:4.09.866.0337 LIVE OAK AVE, (CALLED 60' WIDE R.O.W.) N85' 42' 21" E PLACE OF BEGINNING N: 13979587.92 75' E: 3511245.27 PLACE F COMMENCEMENT ABSALOM WILLIAMS SURVEY 1/2" IRON R60 SET A^385 "SPI WITH CAP 6535" N: 13979587.26 LOGj E: 3511236.54 °a� O o� 29 O A 47 'aa CITY OF BEAUMONT MAP F BLOCK L, SECTION D 11 PANEL NE 2-3 DATED �\ 1980 UNREC RDEID t 15.00' ® \ PLACE OF STERMINATION N: 1397943511339.95 Po P 1/2" IRON ROD SET ALLEY WITH CAP "SPi 6535" REMTRAIANffR OF (CALLED J 44 20 WIDE R.O.W.) S85' 42' 21` 8.76SIX 40 28" E ' d 20,27' 1/2" IRON ROD SET WITH CAP "SPI 5535' 43 NOTE- OTEAll All bearings, distances, and acreages ore grid and SURVEY are referenced to the State Plane Coordinate System, NADB3, Texas South Central Zone, U, S, SHOVING A, PROPOSED Survey feet, Mapping angle for this project 82232. EASEMENT t02' 23' 26" and the scale footer in 0.99999 lv See accompanying field notes. The referenced City of Beaumont Map was not found recorded in official BEING THE WEST 15 FEET OF A public records. Appraisal district information and TRACT (NO CALLED ACREAGE) other recorded documents refer to this map as source information. The map Is on file at the RECORDED IN VOLUME 20133, PAGE 468 Beaumont office of SPI, and City of Beaumont O.Pa.J.C.T, Engineering Department. ABSALOM T MLIAMR SURVEY, ABSTRACT 385 JEFFERSON COUNTY, TEXAS '1,,,.••s�r�•f,� I. Daniel J. Warrick do hereby certify that this plat reflects on actual survey made an the ground and o O� according to law, and that the limits, boundaries, +• •••• •••• • ••••••t •- and comers are truly described Just as I found or 163 DANIEL J. >JVARRiCiC set them. Given under my hand and seal this 30th . .......................... V. day of November, 2017. SCALE: 1 • = 30• :A�, 6535 HAUMBURG & POLK,wn' TBPLS Hrm RnISWstim S 10104®53 Daniel J. Warrick BBES College Street, Beaumont, Taxes 77707 Registered Professional Land Surveyor No. 6535 408,6.0341 P-409.666,0997F too-Copyright2017 Cottonwood Ave Cottonwood Ave Cottonwood Ave Cottonwod Ave P,yo , •' Co``o��ooa L totto'nwood ' Park r - o N cn _ moi.. 0 N 3 S y N ' 2 - Live Oak St tive Oak St m - 'u. 2295 Live Oak Street 1 a min drive • home O N N � r Caldwell Ave Cald+v c.i �_ II I I I �I I II II I II I� II I II� EAss 2018016515 STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, EMILY ANN CLIFTON, resides 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, 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", 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. ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on this ev day of A'' I , 2018, by Emily Ann Clifton. emy=B.CANTUENTUELICAS -26-2020 STATE OF TEXAS COUNTY OF JEFFERSON tate of otary c, STexas This instrument was acknowledged before me on this $% day of Ma i4, 2017, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation oil miciled in Jefferson County, Texas, on behalf of said municipal corporation. ANGELA MAMETHOMAS Notary 10 #10455072 My Commission Expires July 3, 2021 RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 1 Notary PUlic, State of Texas State of Texas §� SCHAUWBURG POLK.I sc. County of Jefferson § Field notes describing the centerline of a proposed 15 feet wide easement, being the west 15 feet of a tract with no called acreage, recorded in Volume 2063, Page 468, Official Public Records of Jefferson County, Texas, in the Absalom Williams Survey, Abstract 385, Jefferson County, Texas. All bearings, distances, and acreages are grid and are referenced to the State Plane Coordinate System, NAD83, Texas South Central Zone, U. S. Survey feet. Mapping angle for this project is +02123' 26" and the scale factor is 0.999952232. See accompanying plat. COMMENCING at a 1/2 inch iron rod with cap marked "SPI 6535" set at the intersection of the east line of the.B.N.S.F. Railroad (called 100 feet wide R.O.W.) and the south line of Live Oak Street -(called 60 feet wide R.O.W.), and at the northwest comer of said Tract recorded in Volume 2063, Page 468. Said 1/2 inch iron rod has a State Plane coordinate value of N: 13979587.26 and E: 3511236.54. THENCE N 85' 42' 21" E with the south line of said Live Oak Street and the north line of said Tract recorded in Volume 2063, Page 468, a distance of 8.76 feet to the PLACE OF BEGINNING, having a State Plane coordinate value of N: 13979587.92 and E: 3511245.27. THENCE S 35' 23' 19" E parallel with and 7.5 feet perpendicular to the west lime of said Tract recorded in Volume 2063, Page 468 .a distance of 163.49 feet to the place of termination, containing 163.49 total linear feet, from which a 1/2 inch iron rod with cap marked "SPI 6535" set at the intersection of an Alley (called 20 feet wide R.O.W.) and the east line of said B.N.S.F. Railroad at the southwest corner of said Tract recorded in Volume 2063, Page 468 and the northwest corner of the remainder of Tract 44 Block L, Section D-11, as shown on the Official City of Beaumont Map dated April, 1980, an unrecorded map found on file at the City of Beaumont Engineering Department bears S 850 42' 21" W a distance of 8.76 feet and a 1/2 inch iron rod with cap marked "SPI 653 5" set at the intersection of the south line of said Alley and the cast line of said B.N.S.F. Railroad, at the southwest corner of said remainder of Tract 44 and the northwest comer of Tract 43, Block L, Section D-11, said City of Beaumont Map bears S 13' 40' 26" E a distance of 20.27 feet. Said place of termination has a State Plane coordinate value of N: 13979454.63 and E: 3511339.95. I, Daniel J. Warrick, do hereby certify that this description reflects an accurate survey made on the ground and according to law, and that the limits, boundaries, and corners are truly described just as I found or set them. Given under my hand and seal this 30th day of November, 2017. �r Daniel J. Warrick W 'e` Registered Professional Land Surveyor No. 6535 ­.q........ ............F.. DANIEL J. WARRICK ...., ...<................. v.. 6535 s TBPLS FIRM REGISTRATION NO. 10194353 LIVE OAK AVE. (CALLED 60' WIDE R.O.W.) PLACE OF BEGINNING N85' 42' 21" E N: 13979587.92 8 76' . E: 3511245.27 PLACE F COMMENCEMENT 1/2" IRON ROD SET WITH CAP "SPI 6535" N: 13979587.26 L'G0Gj E: 3511236.54 \ 0.0! C,, 0" !l_ G?0'AF�rt F 15.00' ABSALOM WILLIAMS SURVEY A-385 6 _I CITY OF BEAUMONT MAP BLOCK L, SECTION D 11 PANEL NE 2-3 DATED APRIL, 1980 UNRECORDED PLACE OF TERMINATION \N: 13979454.63 \ E: 3511339.95 1/2-IRON ROD SET WITH CAP "SPI 6535" S85' 42' 21 8.76' 1/2" IRON ROD SETS WITH CAP "SPI 6535" NOTE: All bearings, distances, and 'acreages are grid and are referenced to the State Plane Coordinate System, NAD83, Texas South Central Zone, U. S. Survey feet. Mapping angle for this project is +02' 23' 26" and the scale factor is 0.999952232. See accompanying field notes. The referenced City of Beaumont Map was not found recorded in official public records. Appraisal district information and other recorded documents refer to this map as source information. The map is on file at the Beaumont office of SPI, and City of Beaumont Engineering Department. W o SCALE: 1 " = 30' �2SCHAUMBURG & PDLK,iNa TSPLS Flrm Registratlon # 10194353 8665 College Street, Beaumont, Taxes 77707 409.866.0341 P - 409.866.D337 F Do Copyright 2017 REMAINDER OF TRACT S13' 40' 26' E 20.27' ALLEY (CALLED 20' WIDE R.O.W.) 43 SURVEY SHOWING A. PROPOSED EASEMENT BEING THE WEST 15 FEET OF A TRACT (NO CALLED ACREAGE) RECORDED IN VOLUME 2063, PAGE 468 O.P.R.J.C.T. ABSALOM WILLIAMS SURVEY, ABSTRACT 385 JEFFERSON COUNTY, TEXAS ��'� s•Ta,,� yG �: @• fs e� I, Daniel J. Warrick, .do hereby certify that this plat reflects an actual survey made on the ground and according to law, and that the limits, boundaries, ... %•.......•.•.•..•........ and corners are truly described just as I found or DANIELJ. WARRICK . ., ..... set them. Given under my hand and seal this 30th day of November, 2017. q, 6535 Daniel J. Warrick Registered Professional Land Surveyor No. 6535 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Carolyn L. Guidry, County Clerk Jefferson County, Texas May 09, 2018 09:57:31 AM FEE: $42.00 2018016515