HomeMy WebLinkAboutRES 18-191RESOLUTION NO. 18-191
WHEREAS, CNA Rental Management, LLC has agreed to convey one (1)
twenty foot (20') wide exclusive water and sewer line easement, said easement being a
0.21 acre of land situated in the Almanzon Huston Survey, Abstract No. 33, Jefferson
County, Texas as described and shown in Exhibit "1," attached hereto, to the City of
Beaumont for a new retail development located at 3255 North Major Drive; 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 is in the best interest of the City of Beaumont 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) twenty foot (20') wide exclusive water and sewer line easement
conveyed by CNA Rental Management, LLC, being a 0.21 acre of land situated in the
Almanzon Huston Survey, Abstract No. 33, 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 14th day of
August, 2018.
`,byor becky Ames
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER AND SEWER LINE EASEMENT
THAT, CNA RENTAL MANAGEMENT, LLC, a Texas limited liability company,
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 perpetual, exclusive, water
and sewer 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 & B", attached
and made a part hereof for all purposes (the "Easement Area").
The Easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and/or removing water and sewer 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
EXHIBIT "A"
hinder the 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
GRANTOR:
CNA Rental Management, LLC,
a Texas limited liability company
By:
Printed Name: Christopher Truong
Title: Member
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
2018.
This instrument was acknowledged before me on this the day of ,
2018, by Christopher Truong, Member of CNA Rental Management, LLC, a Texas limited
liability company, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed in the capacity therein stated on behalf of and as the act and deed
of said CNA Rental Management, LLC.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2018.
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
FAUST Engineering and Surveying, Inc.
Professional Engineers and Professional Surveyors
E-MAIL ADDRESS INFO@FAUSTENG.COM
2525 Calder Street
Beaumont, Texas 77702
Surveying Firm Registration No. 100024-00
Engineering Firm Registration No. 4800
EXHIBIT A
PAGE 1 OF 2
FIELD NOTE DESCRIPTION
FOR A
Telephone (409) 813-3410
Fax (409) 813-3484
0.21 ACRE TRACT (9,101 SQUARE FEET), 20' WIDE EXCLUSIVE WATER
AND SANITARY SEWER EASEMENT
OUT OF
ALMANZON HUSTON SURVEY
ABSTRACT NO. 33
JEFFERSON COUNTY, TEXAS
May 22, 2018
(BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983,
SOUTH CENTRAL ZONE, AND ARE BASED ON THE NORTH AMERICAN DATUM OF 1983,
ADJUSTMENT 2011.)
THAT CERTAIN 0.21 acre tract (9,101 square feet) or parcel of land out of the Almanzon Huston
Survey, Abstract No. 33, and being out of the remainder of a 33.577 acre tract conveyed to CNA
Rental Management LLC, as described in Clerk's File Number 2015000554 of the Real Property
Records of Jefferson County, Texas; said 0.21 acre tract being more particularly described by
metes and bounds as follows:
COMMENCING at a 1/2" rebar found in west right-of-way line of North Major
Drive; said rebar being the southeast corner of a tract conveyed to Beaumont
Providence, LP, as described in Clerk's File Number 2014008926 of the Real
Property Records of Jefferson County, Texas;
THENCE South 02°52'54" East (called South 02°52'53" East) along the west right-
of-way line North Major Drive and the east line of the said Paret Interests, L.L.C.,
tract, a distance of 389.73 feet to a 1/2" rebar found capped "FAUST" for POINT
OF BEGINNING;
THENCE South 02°52'54" East (called South 02°52'53" East) along the west right-
of-way line North Major Drive and the east line of the said Paret Interests, L.L.C.,
tract, a distance of 455.00 feet to a point for corner;
180115 legal description PAGE 1
Field Note Description
THENCE South 87°07'06" West, a distance of 20.00 feet to a point for corner;
THENCE North 02°52'54" West, a distance of 455.00 feet to a point for corner;
THENCE North 87°07'06" East, a distance of 20.00 feet to POINT OF BEGINNING
and containing 0.21 acres (9,101 square feet) of land, more or less;
This description and the accompanying plat were prepared from a survey
performed under the supervision of Richard F. Faust, P.E., Registered Professional
Land Surveyor No. 4782 on May 22, 2018.
Richard F. Faust, P.E.
Registered Professional Land Surveyor No. 4782
PAGE 2
O(JT (F i9 HE ofiamala -TRACT
s B7ro 20' EXCLUSIVE WATER AND SANITARY SEWER EASEMENT .00'
9,101 Sq. FL
S 0262'64' E� 488A0'
(cuim s 0762'87' E)
NT FOR N 0 R T H M A J 0 R D R I V E
SCALE. • 17:50'
(BEARINGS SHOWN HEREON ARE RE7E1111
7O THE TEXAS COORDINATE SY51EM OF 1983
SOUTH CENTRAL ZONE; AND ARE RASED ON
THE NORTH AMERICAN DATUM OF 1983,
ADJUSTMENT 2011.)
EXHIBIT B
PAGE 1 OF 1
TO ACCOMPANY DESCRIP77ON
OF
A Q2l ACRE {9,101 SQUARE FEET)
20 FEET NIDE EXCLUSIVE WATER
AND SANITARY SEWER EASEMENT
OUT OF
THE REMAINDER OF A 44.79 ACRE TRACT
ALMANZON HUSTON SURVEY, ABSTRACT NO. 33
BEAUMONT,, JEFFERSON COUNTY TEXAS
FOUND
S OTSZW E 388.73'
(CAUID S OZ34'87' E)
N 8T07'06" E
20.00'
RD F.
4782
FOUND 1/2" REBAR
PONT OF
COMMENCEMENT
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782
SURVEY REG157RA77ON FIRM NO. 100024-00
C5
ENGINEERING AND SURVEYING, INC.
Pffits ARD PROFESSIONAL SURVEYORS
2325 CALMER STREET • BEAUMONT, TEXAS 77702 ■ (4M 813-3410
ENSDEfiRTNG FIRM M 4800 ■ SURVEYM FIRM NWOM24-00
=� `^�o•.� � � '� fps '.' ,:�:{+5r;.� 1�_,^' �ti — � -- •:.
ers
'_ h T M -' �' ��"� rP '-t'i?,� v„� r� •. � {' v� �y� w, . � Z 1. ., 'lam - • I !�a•' , �J� f '� � '�,�"B' • - - �
Boy-s'l;Haven of(.�
Ame irca, Ihc4.�� !� +� ayt-�rJ
- _( ._ r! �; - - -r' [barb �•� II- ry -�•rs,,; -'3 .ir _ i
'4;,KingisfPfiarmacy%
IM
L1F.:w✓r:':.s..o-•:-a.• +c.+. -`;i. r. •'�'r".'�,•.. _ V'lestfiel�Ave - - _ a �'.,•+
11 *rls!`': ? - I t �• j ,I
�` :. �. r���l..iiii��TT ,,j�AArI. J�ffis )� .xi,
14- L2
RTytsons� oods�GeorgiaFM
.iI • ^� !r,;,�r�"e ' 4! �"
,A•. n�,.s �X� ,��1"+ f •s J+. M•�. _ - o �r L`. 3
... ... �• �. 'k+�! ' ¢ � . ' ,it" �'� ! 1 a` r 11.x.•; a� �-�i�rSF�� m; ' �./�--
`..ii�,. �t .. a' - 'U^..• . _ .'�-+ t.^t . 1
SFS
Outs
Shell
i' - -- CrystalrGrocery "` ,. �_ ` ..�__•4. a�.�;*.:.J_
''.•� :�(... .'I s - -
to, ..r c• -rte, 'i N� ' •--'.r w.
TO
NA W -B
�" f':;g'• '. r �iU '•r.- - :Yf3 ! •1+ -' - r.---* + f ��i,{-{�yn�.
(' •r� i
(-
3r,. �•� �.:'• s • .r`'.�„' .: —_ � Z I P � jr �' .er�� I` :x-� °y�jt'r`r"'e' P�� ,� t�f( -�y;?i� w� '�- "+t`i'
----- - -- "•:\
Eus 2018029373
STATE OF TEXAS X
COUNT Y OF JEItFER SCYN X
KNOW A.,f -NMI��1 E Y' '?1'BE SE.PFFSE3'1TS:
WATER A:ND SEWER LINE EASEI (VT
THAT, CNA RENTAL MAINAGUMENT, LLC, a 'Texas limited iiabiIity cornparzy,
here -after called "GRANTOR", whether one or more, for and in consideration of the S;alr rif
ONE AND N0/100 DOLLAR ($1.09); and other good and iraluable consideration to us in hand
paid by the CITE' OF BEAUTMONT, a municipal corporation domiciled in Jefferson Ccuuty,
Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is
hereby acichowledged, has GRANTED, SOLD and CONVEYED, and by :hose presents does
GRAINT, SELL and CONVEY unto the CITY OF BEAUMONT, P. 0. Box 3827, - caumont,
Tomas 7i704, Jefferson Country, Texas, its successors and assigns, a pexpetual, wxclushre, water
and sewer line easement (die "Easement"} to construct, alter, and maintain vvaterhries and related
appaartenanees on the here�nafler described lands which said easement is render, over, in and
across those certain tracts or parcels of land owned by GRANTOR si.mted in the County of
Jcfferson, State of Texas, and being more particularly described in EAibit "A & B", attached
and made a part hereof for all purposes (the `Basement Area").
The Easement herein granted shall be used for the purpose of plachig, constructing,
operatir,g, repairing, rebuilding, replacing, relocating, and/or removing water and se-vver lints and
related appurtenances in the Easement Area, and, it is expressly understood and agreed ffiat. tlre
City of Beaumont shall have the iight of reasonable ingress to and egress -the Easemi,-nt
Area and use of the sarne. for the purposes aforesaid; provided, hog fvor that Grantee use of ffi,-
Easement and the rights appurtenant thereto shall in no event unreasonably Tate fize with of
hinder the business operations on. the Grantor's adjacent property anal./or Grantor's ingress an:d
e-g ,sc thereto.
GrFmtor reserves. the right ro continue to use and enjoy the surface of the E asemezt Area
for aL puij3oses that do not inter tare wirfi or interrupt the use or eiijo)'Ment of thy; Easement by
Grantee for the pur-poses 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 e<x ensc,
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,
resbdotions, 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 j
F CUTFD this day of 2019.
GRANTOR:
CNA Rental Management, LLC,
a Texas iunited liability company
Printe ame: Chi4' to her Tr o�
Title: Member
ACKNOWLEDGMENT
STATE OF TEXAS Y
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this the _ day of V
2018, by Christopher Truong, Member of CNA Rental Management, LL.C, a TH as limited
liability company, known to me to be the person whose name is subsc6bed to the forego iig
instrument and acknowledged to me that he executed the same for the -pw; pose's anal
consideration therein expressed in the capacity therein stated on behalf of and as the act and deed
of said CNA Rental Management, LLC.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 9 day of 4/ � 2018.
E
MACEDONIA ALBARRAN SESMAS
otary Public. State of Texas
Comm. Expires 10-19-2020Notary ID 129172535
i+To y ublie, Texas
RETURN TO: City ofBeaumont
Antoinette (lardy - Engineering
R O. Box 3827
Beaumont, TX 77704
FA UST Engineering and Surveying, h7c.
Frotesslonal Engineers and Professional Surveyors Telephone (409) 813-341t
E-IVf/S.I ADDRESS lNF0@FAUSTEkGX0M Fax (409) W-314114
25?r calderstreet
Sea,imont, Texas 77702
Skir veying F7m Rnistration No. t00024-00
Ergineerirg Firm Regtstratlon No. 4800
EXHIBIT A
PAGE I OF.2
FIELD NOTE DESCRIP730AI
FORA
SVf4FE^i1 veTF�:�6L.��F3d✓'GHG�:fi4,,-T.7iq
AND SANITARYSEWER EASEIVIENT
OUT OF
ALMANZON HUSTOIV S.iUiRVEY
ABSTRACT NO..33
JEF'FI:RSON COUNTY, TEW
r�1o'y 22, 2018
MEARINGsS SHOWN HEREOIV ARE REFERENCED TO THE nt ms well Dw 7F SYS; f1w OF 1933,
SOUTH CENTRAI ZONE, AND ARE BASED ON THE NORTH .. MERICAN DATLI&4 OI= .1983,
ARIUS77WENT.2011,j
THAT CERTAIN 0.21 acre tract (9,10, square feet) or parcel of land out of the Aimanzon Huston
Survey, Abstract No. 33, and being out of the remainder of a 33.577 acre tract conveyed to CPdA
Rental Management LLC, as described in Clerk's File Number 2015000554 of the Real Property
Records of Jefferson County, Texas; -said 0.21 acre tract being more particularly described by
metes and bounds as follows;
COMMENCING at a 1/2" rebar found in west right-of-way line of North Major
Drive; said rebar being the southeast corner of a tract conveyed to Beaumont
Rovidence, LP, as &scribcd in Cl&k's He Number- 201• 008926 of the Beal
Property Records of Jefferson County, Texas;
THENCE South 02'52'54" East (called South 02'SZ3" East) along the west right-
of-way line North Major Drive and the east line of the said Paret Interests, L.L.C.,
tract, a distance of 389.73 feet to a 1/2" rebar found capped "FAUST" for POINT
OF BEGINNING;
THENCE South 02'52'54" East (called South 02'52'53" East) along the west right-
of-way line North Major Drive and the east line of the said Faret Interests, L.L.C.,'
-tract, a distance of 455.00 feet to a point for corner;
180115 legal description PAGE 1
]+ieI€t mote Description
THENCE South 87'07'06" West, a distance of 20.00 feet to a point for corner;
THENCE North 02'52'54" West, a distance of 455.00 feet to a point for corner,
THENCE North 87"07`06" East, a distance of 20.00 feet to POINT OF BEGINNING
and containing 0.21 acres (9,101 square feet) of land, more or less;
This description and the accompanying plat were prepared from a survey
}performed underthe supervision of Richard F. Faust, P.E., Registered Professional
Land Surveyor No. 4782 on May 22, 2018.
a 3
Richard F. Faust; P.E. .
Registered Professional Land Surveyor No. 4782
���.•. s�o 4782 .
1V � F3Sko ."Z�5 I
EAGE 2
s
mot•
SCALE. 7":50'
17HE
S SHOWN HE7MW ARE' RS-ERE'N=
Ya4S LVMINA7E S)W& OF 1983,
REN7Wd. ZON& AND ARE' BASED ON
OR7H NIERICAN DAMM OF1983,
ADX57MF.Nr 2011.)
llll
°�� `�T
H ozsrs4 w 4 a w
20' OCCLUSIVE WA7ET AND SANITARY S_E'WER EA5EMF,NT
9,101 Sq. Ft.
S �ZBI(cnusa I fuz& crer a7 9mlo'
N 0 R T H ?A A 1 0 R D R I V E
F-a/arr B
PAGE, 1 Or 1
TO ACCOMPANY DESCRIP770N
OF
A 0-1 ACRE (9,101 SQUARE FFE r)
.20 FEET WE 0(CLUSAE WATER
AND SANITARY 55W1:32 EASEMENT
our OF
THE R&SWAINDER OF A 44.79 ACRE TRACT
ALWANZON HUsrON SURVEY, ARS'7RACT NO. ,U
BVUMONT, la-FIRSON COUN17Y, 7EKAS
5 02'82'S4°
(rta��rn s
E
RERAR
4782
w
(Z5p4
ENGINEERINGANbSURVEYING, INC.
CPIM S.RMr a MUttURG TMi�+S.��.7NG�-770?. A "09) ZU-3dU
F_4GRd Mr. FIRE! f0, = 4-J.RV.-nFW FRMBOU-0a
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Carolyn L. Guidry, County Clerk
Jefferson County, Texas
August 17, 2018 12:41:05 PM
FEE: $46.00 2018029373