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HomeMy WebLinkAboutRES 18-282RESOLUTION NO. 18-282 WHEREAS, Hamlet Park 3, LLC has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 10,810 square feet tract out of a 2.65 acre tract situated in the F. Bigner Survey, Abstract No. 1, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for an apartment complex located at 3475 Crow 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 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) ten foot (10') wide exclusive water line easement conveyed by Hamlet Park 3, LLC, being a 10,810 square feet tract our of a 2.65 acre tract situated in the F. Bigner Survey, Abstract No. 1, 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 13th day of November, 2018. cS? Wayor Becky Ames - VIM,2119 i/�- 54 4, STATE OF TEXAS COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, HAMLET PARK 3, LLC, a Florida 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 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 )2018. GRANTOR: HAMLET PARK 3, LLC, a Florida limited liability company By: Hamlet Management, Inc. a Florida Limited Liability Company Its General Partner am Alan Grassano, President ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on this the day of , 2018, by ALAN GRAS SANO, President of Hamlet Park 3 LLC, a Florida Limited Liability Company and the Company acknowledged this instrument as General Partner on behalf of Hamlet Management, Inc. 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 Telephone (409) 813-3410 Fax (409) 813-3484 EXHIBIT A PAGE 1 OF 3 FIELD NOTE DESCRIPTION FOR 10,810 SQUARE FEET, 10 FEET WIDE EXCLUSIVE WATERLINE EASEMENT OUT OFA 2.65 ACRE TRACT F. BIGNER SURVEY, ABSTRACT NO. 1 JEFFERSON COUNTY, TEXAS March 27, 2017 BEING a certain 10,810 square feet, being a 10 feet wide exclusive waterline easement out of a 2.65 acre tract out of the F. Bigner Survey, Abstract No. 1, Jefferson County, Texas; said 2.65 acre tract. The 2.65 acre tract being a 2.27 acre tract conveyed to Harbor Green II, LLC, as recorded in County Clerk's File No. 2010029339 of the Real Property Records of Jefferson County, Texas and a 0.38 acre tract conveyed to Harbor Green II, LLC, as recorded in County Clerk's. File No. 2015011530 of the Real Property Records of Jefferson County, Texas; said 10,810 square feet tract being more particularly described by metes and bounds as follows: (BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE, AND ARE BASED ON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT 2011.) COMMENCING at a %" rebar set on the west- right-of-way line of Crow Road, being the northeast corner of said Harbor Green tract and the southeast corner of a tract conveyed to Normandy Townhomes, LLC, as described in County Clerk's File No. 1999045213 if the Real Property Records of Jefferson County, Texas; THENCE South 03°28'51" East (called South 00°00'16" East) along the said west right-of-way line of Crow Road and the said east line of the Harbor Green tract, a distance of 24.58 feet (called 24.58 feet) to a %" rebar found for point for corner; Page 1 Field Note Description 160099 THENCE South 03°05'11" East (called South) along the said west right-of- way line of Crow Road and the said east line of the Harbor Green tract, a distance of 15.10 feet (called 15.00 feet) to a %" rebar found for point for corner; THENCE South 03°32'44" East (called South) along the west right of way line of Crow Road and the east line of the said Harbor Green tract, a distance of 1.26 feet to an angle point for corner; said angle point being the POINT OF BEGINNING for the herein described tract; THENCE South 86°29'44" West, a distance of 436.12 feet for an angle point for corner of the herein described tract; THENCE South 03°30'16" East, a distance of 148.50 feet for an angle point for corner of the herein described tract; THENCE North 86°29'44" East, a distance of 419.58 feet for an angle point for corner of the herein described tract; THENCE South 03°30'16" East, a distance of 28.13 feet for an angle point for corner of the herein described tract; THENCE North 86°29'44" East, a distance of 10.00 feet for an angle point for corner of the herein described tract; THENCE North 03°30'16" West, a distance of 28.13 feet for an angle point for corner of the herein described tract; THENCE North 86°29'44" East, a distance of 6.62 feet for an angle point for corner of the herein described tract in the west right-of-way line of Crow Road and the east line of said Harbor Green tract; THENCE North 03°31'25" West (called North 00°00'16" West) along the said west right-of-way line of Crow Road and the east line of said Harbor Green tract, a distance of 10.00 feet for an angle point for corner of the herein described tract; THENCE South 86°29'44" West, a distance of 426.20 feet for an angle point for corner of the herein described tract; Page 2 Field Note Description 160099 THENCE North 03030'16" West, a distance of 128.50 feet for an angle point for corner of the herein described tract; THENCE North 86°29'44" East, a distance of 64.50 feet for an angle point for corner of the herein described tract; THENCE South 03°30'16" East, a distance of 35.00 feet for an angle point for corner of the herein described tract; THENCE North 86029'44" East, a distance of 10.00 feet for an angle point for corner of the herein described tract; THENCE North 03'30'16" West, a distance of 35.00 feet for an angle point for corner of the herein described tract; THENCE North 8629'44" East, a distance of 351.62 feet for an angle point for corner of the herein described tract in the west right-of-way line of Crow Road and the east line of said Harbor Green tract; THENCE North 03032'44" West (called North) along the west right of way line of Crow Road and the east line of the said Harbor Green tract, a distance of 10.00 feet to the POINT OF BEGINNING and containing 10,810 square feet of land, more or less. This description and accompanying plat are based on a Land Title Survey completed under the supervision of Richard F. Faust, P.E., Registered Professional Land Surveyor No. 4782 on March 17, 2017. pcl� rpal4d Richard F. Faust, P.E. Registered Professional Land Surveyor No. 4782 Page 3 OF T CPQc�a RICHAf�... FAUST 4782 <'9A9�'�F3S1�?P OQ N 8501302' E 3447' (CALLED N 009 5r E 344,837 N 88'29'44' E i i 64.50' 1 1S 03'30'16' E 35.0(' I N 0830' 16' W -N 86'29'44' E 10.00' S 88'29'44' W 436.12' N 88 29'44' E 351.82' S 88'29'44" W 428.20' S 8657'D4' W 13.%66' (CALLED S 88'5.7'27* W 13:577 N 857549' E 120.38' (CALLEDN 88')4'00- E 12al4) S S 0328' E 24.58 (CALLED S OOVOW E 24.569 S 03175"11' E 155 SOUTH 159 N 03'32'44' W 10.00' (CALLED NORTH) y 9 )m-FFoe. S 88V1'J4' W 25817' '✓ (CALLED S 8752'1r W 257.259 10.00' SULT,ECT 54� PROPERTY Ming N (CALNIm N Lp81'00' w �� r. rarer EXHIBIT B PAGE 1 OF 1 R7 ACCOMPANY DESCRIP77CN A 10,810 SQUARE FEET �>�{ BEING A 10 FEET WIDE SC41e I' - SO' EXCLUSIVE WA7ERL INE EASEMENT VIFINIT7 MAP - N. E& CPGINEERING WT OF A 265 ACRE TRACT YL�OO9D9dA76 AND l3EYA7H]VS SLIONN IffREp7 ARE AND SURVEYING, INC. F. BIl74ER SURVEY, ABSTRACT N0. 1 ga% SOUTH 10 THE T AE AAV AAE R S D CW lF 188.; SOUTH CENTRIL Z0N5 AND ARE 9ASFD LW 7NE PROnMORAL iRT� AND PEOMMO�NAL SURWYM BEAUMONT, JEFFERSON COUNTY, 7EA:4S WN AMEWCAN DA7UM OF 1987, ADAWM Nr 2011.) ®CALLER SfAEE7 ■ HEAONRif, 7E7LAS 77702 . NW) BLq-34Lp BLG FIRM Nll 4800 ■ SLMVEYDE FW NMW24-0 24-00 S 8657'D4' W 13.%66' (CALLED S 88'5.7'27* W 13:577 N 857549' E 120.38' (CALLEDN 88')4'00- E 12al4) S S 0328' E 24.58 (CALLED S OOVOW E 24.569 S 03175"11' E 155 SOUTH 159 N 03'32'44' W 10.00' (CALLED NORTH) y 9 N 88'29'44' 6.62 N 0831'2b° W 10.00' N 03'30'16' W 28.13' S 03'30'18' E 28.13' N 88'29'44° E 10.00' S 88V8'03' W 74.54' (CALLED S WW'Or W 74.48) 3475 Crow Road i I > Wells_Fargo Bank y- 0 Rao's Bakery lMichaels 13 Vkd RI i fill 1 Pizza Hut ` - i Redeemer Lutheran in i Crossroads Center Children's Center: Seville Apartments i i Motiflofl Credit Unfor Chelsea Apartment ice Upon A Child I ! :Crossroads --_ Bowling Center .� Co1Her Si C°liler st - 6 Happy -Beginnings - Parkdale Place Apartments M o' Settler's Cove Apartments I I rD I - I ,The Harbour I j � �HginletToivnhomes t ¢a scacau°` Nevi LightChurch Church - a II I LI II I II I L ILII I ILI II III EAsS 2018039817 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY, OF JEFFERS ON § WATER LINE EASEMENT THAT, HAMLET PARK 3, LLC, a Florida 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 CITE' 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 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 1 Sj day of 2018. GRANTOR: HAMLET PARK 3, LLC, a Florida limited liability company By: Hamlet Management, Inc. a Florida Lim 'ted Liability Company Its G eral P er President ACKNOWLEDGMENTS STATE OF'. Lo?,e bA § COUNTY OF4A %P-d ?4VB&§ This instrument was acknowledged before me on this the day 2018, by ALAN GRASSANO, President of Hamlet Park 3 LLC, a Florida Limited Liability Company and the Company acknowledged this instrument as General Partner on behalf of Hamlet Management, Inc. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this f o' day of zSV� 2018. v n — v ✓ c r Public, State of-PL&9VbA 14iaE JEAN E LAMBERTtary Public State of Floridaommission # GG 007042 Comm. Expires Oct 26, 2020 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 Telephone (409) 813-3410 E-MAIL ADDRESS INFO@FAUSTENG.COM Fax (409) 813-3484 2525 Calder Street Beaumont, Texas 77702 Surveying Firm Registration No. 100024-00 Engineering Firm Registration No. 4800 EXHIBIT A PAGE 1 OF 3 FIELD NOTE DESCRIPTION FOR A 10,810 SQUARE FEET,10 FEET WIDE EXCLUSIVE WATERLINE EASEMENT OUT OFA Z 65 ACRE TRACT F. BIGNER SURVEY, ABSTRACT NO. 1 JEFFERSON COUNTY, TEXAS March 27, 2017 BEING a certain 10,810 square feet, being a 10 feet wide exclusive waterline easement out of a 2.65 acre tract out of the F. Bigner Survey, Abstract No. 1, Jefferson County, Texas; said 2.65 acre tract. The 2.65 acre tract being a 2.27 acre tract conveyed to Harbor Green II, LLC, as recorded in County Clerk's File No. 2010029339 of the Real Property Records of Jefferson County, Texas and a 0.38 acre tract conveyed to Harbor Green II, LLC, as recorded in County Clerk's File No. 2015011530 of the Real Property Records of Jefferson County, Texas; said 10,810 square feet tract being more particularly described by metes and bounds as follows: (BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE, AND ARE.BASED ON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT 2011.) COMMENCING at a %" rebar set on the west right-of-way line of Crow Road, being the northeast corner of said Harbor Green tract and the southeast corner of a tract conveyed to Normandy Townhomes, LLC, as described in County Clerk's File No. 1999045213 if the Real Property Records of Jefferson County, Texas; THENCE South 03'28'51" East (called South 00°00'16" East) along the said west right-of-way line of Crow Road and the said east line of the Harbor Green tract, a distance of 24.58 feet (called 24.58 feet) to a %" rebar found for point for corner; Page 1 Field Note Description 160099 THENCE South 03005'11" East (called South) along the said west right-of- way line of Crow Road and the said east line of the Harbor Green tract, a distance of 15.10 feet (called 15.00 feet) to a %" rebar found for point for corner; THENCE South 03032'44" East (called South) along the west right of way line of Crow Road and the east line of the said Harbor Green tract, a distance of 1.26 feet to an angle point for corner; said angle point being the POINT OF BEGINNING for the herein described tract; THENCE South 86°29'44" West, a distance of 436.12 feet for an angle point for corner of the herein described tract; THENCE South 03°30'16" East, a distance of 148.50 feet for an angle point for corner of the herein described tract; THENCE North 86°29'44" East, a distance of 419.58 feet for an angle point for corner of the herein described tract; THENCE South 03°30'16" East, a distance of 28.13 feet for an angle point for corner of the herein described tract; THENCE North 86°29'44" East, a distance of 10.00 feet for an angle point for corner of the herein described tract; THENCE North 03°30'16" West, a distance of 28.13 feet for an angle point for corner of the herein described tract; THENCE North 86°29'44" East, a distance of 6.62 feet for an angle point for corner of the herein described tract in the west right-of-way line of Crow Road and the east line of said Harbor Green tract; THENCE North 03031'25" West (called North 00°00'16" West) along the said west right-of-way line of Crow Road and the east line of said Harbor Green tract, a distance of 10.00 feet for an angle point for corner of the herein described tract; THENCE South 86029'44" West, a distance of 426.20 feet for an angle point for corner of the herein described tract; Page 2 Field Note Description 160099 THENCE North 03°30'16" West, a distance of 128.50 feet for an angle point for corner of the herein described tract; THENCE North 86029'44" East, a distance of 64.50 feet for an angle point for corner of the herein described tract; THENCE South 03°30'16" East, a distance of 35.00 feet for an angle point for corner of the herein described tract; THENCE North 86029'44" East, a distance of 10.00 feet for an angle point for corner of the herein described tract; THENCE North 03°30'16" West, a distance of 35.00 feet for an angle point for corner of the herein described tract; THENCE North 86°29'44" East, a distance of 351.62 feet for an angle point for corner of the herein described tract in the west right-of-way line of Crow Road and the east line of said Harbor Green tract; THENCE North 03°32'44" West (called North) along the west right of way line of Crow Road and the east line of the said Harbor Green tract, a distance of 10.00 feet to the POINT OF BEGINNING and containing 10,810 square feet of land, more or less. This description and accompanying plat are based on a Land Title Survey completed under the supervision of Richard F. Faust, P.E., Registered Professional Land Surveyor No. 4782 on March 17, 2017. Richard F. Faust, P.E. Registered Professional Land Surveyor No. 4782 S rF9�fiy CO: ................. RICHARD F. FAUST 4782 Page 3 N 85,73'o2' E 34-C W (avim N a5D252' E J4/M -n ! ji N 88'29'44' E i i 8450' i �^S 03'30'16' E 35.00' 0 m i N38 000030•,6• W �R m ` k `j �. N� yl Z �! I 86'2944' E N 0 10.00' m TI _, c m o 0 co C a co gy m I C) { o,� n o N -� c X ZZ 1n 0 0 I W 0 E N�En0 off' ao p S 86'29'44' W 438.12' N 86'29'44' E 351.62' S W29'44_ W - 426.20' N 86'29'44v E 418.58' W pp S 86'0134' W 25S.17' -- 9 �. • (aAttm a 87srM- w zazrsg VonsuBEcr PRWERn N NON 01.57' W 5458' (cAum N 015fb6' w aABag ��p ADIIIL®a1O�11tV.FL. SSAW=w cet EXHIBIT B 1D ACCOMPANYD��17ON OF A 10,810 SQUARE FEET BEING A 10 FEET WDE SCALE 1' - 50' EXCLUSIVE WATERLINE EASEMENT ypMTY MAP - N.M OUT OF A Z65 ASURWCRE TRACT (COMMAW ,yam aVAMIS =W HOWW ARE 1LEFE7LEPiLYD TO 7flE 7EXIS caaeDLNATE SYSIfD1 tK ENGINEERING AND SURVEYING, INC. F. SIGNER ABSTRACT N0. 1 PROF&B�ONdL ElLI'IL>ffit8 AND PROFSBffiONAL LiORVffiYiDRB EFFERS, BFIIUMLWT, JfFFERSON COUNTY, TEXAS Har7H � nw 0X L99.; 20111 2 ChL L MT ■ EL"ff, TCM Tn■ 409) M330 FM NM 46w R nAv[ = F1 NMLWM+wn S 883704' W 13166' (CALLm S 60551Y w MM7 N 8578'49' E 12Q38' (CAUm N WUWoO" E 12aW) S N 03'32'44' 10.1 (CAUM AM S 032228.51' E 46 (CALLED S 0OU076' E 2+.W7 s 03175'11' E 15.10 pum Scum tag _BEGAWINPohvT OF \1 N 88'29'4�� 6. 62 N 03' 1'25' W 10.00 ----------- ` N 03'30'16' W� 28.13' . y S 03*30'16" E 28.13'� N 86'2944' E � S4 10.00' R m S 96'08'03' W 74.54' (CAL.LED S a6WW- W 74487