HomeMy WebLinkAboutRES 20-010RESOLUTION NO. 20-010
WHEREAS, Charles and Darlene Hanna have agreed to convey one (1)
1410.93 square foot exclusive drainage easement, said easement being a 1410 square
foot tract of land being 10 feet (10') wide out of and part of Lot 36, Block 1, situated in
the Broadway Place Addition, Jefferson County, Texas as described and shown in
Exhibit "1," attached hereto, to the City of Beaumont to improve drainage at 4305 Calder
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 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) 1410.93 square foot exclusive drainage easement conveyed by
Charles and Darlene Hanna, being a 1410 square foot tract of land being 10 feet (10')
wide out of and part of Lot 36, Block 1, situated in the Broadway Place Addition,
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
January, 2020.
yor Becky Ames -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
DRAINAGE EASEMENT
THAT, CHARLES AND DARLENE HANNA, of the County of Jefferson, State of
Texas, hereinafter called "GRANTORS", for and in consideration of the sum of ONE AND
NO1100 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, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT,
SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas
77704, Jefferson County, Texas, its successors and assigns, Drainage Easements and the right to
construct, alter, and maintain drainage improvements and appurtenances on the hereinafter
described lands which said easements are under, over, in and across that certain tracts or parcels
of land owned by GRANTORS situated in the County of Jefferson, State of Texas, and being
more particularly described in Exhibit "A" attached and made a part hereof for all purposes.
The easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and removing drainage structures, canals,
ditches and appurtenances, and the following rights are also hereby conveyed:
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.
EXHIBIT "1"
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 , 2020.
GRANTORS:
an
Printed Name: Charles Hanna
By:
Printed Name: Darlene Hanna
{INTENTIONALLY LEFT BLANK}
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this the day of
by Charles Hanna.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
2020.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me on this the day of
by Darlene Hanna.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
2020.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy
P. O. Box 3827
Beaumont, TX 77704
2020,
2020,
EXHIBIT "A"
Legal Description: 1410.93 Square Feet Exclusive Drainage Easement
Out of and Part of Lot 36, Block 1
Broadway Place Addition
Volume 7, Page 172, Map Records
Beaumont, Jefferson County, Texas
BEING a 1410.93 square feet exclusive drainage easement being 10 feet wide being out of and
part of Lot 36, Block 1 of Broadway Place Addition, a subdivision of the City of Beaumont,
Jefferson County, Texas, according to the plat thereof recorded in Volume 7, Page 172, Map
Records, Jefferson County, Texas, and being out of and part of the said Lot 36, Block 1 of
Broadway Place Addition as described in a "Warranty Deed with Vendor's Lien" from Johanna
Maniscalco Allison, et al. to Charles Hanna and wife, Darlene Hanna as recorded in Clerk's File
No. 96-9604668, Official Public Records of Real Property, Jefferson County, Texas, said 1410.93
square feet easement being more particularly described as follows:
NOTE: All bearings are referenced to the South line of the said Lot 36 as NORTH
90°00'00" WEST as recorded on the final plat of the said Broadway Place Addition
as recorded in Volume 7, Page 172, Map Records, Jefferson County, Texas. All set
518" iron rods set with caps stamped "M. W. Whiteley & Associates".
COMMENCING at a 5/8" iron rod found for the Southeast corner of the said Lot 36, the same
being the Northeast corner of Lot 35, Block 1 of the said Broadway Place Addition and said corner
being in the West right-of-way line of 29th Street (based on a width of 60 feet) and from said corner
a 1/2" iron rod with a cap found for the Southwest corner of the said Lot 36 bears NORTH
90°00'00" WEST a distance of 139.47 feet;
THENCE NORTH 00000'00" WEST, along and with the West right-of-way line of 29t" Street and
the East line of the said Lot 36, for a distance of 54.36 feet to a scribed "X" in concrete -set for the
Southeast corner and the POINT OF BEGINNING of the easement herein described;
THENCE NORTH 77003'00" WEST, over and across the said Lot 36 and 10 feet perpendicular
and parallel to the Northerly line of the said Lot 36, for a distance of 141.21 feet to a 5/8" iron rod
set for corner, said corner being in the West line of the said Lot 36 and in the East line of that
certain called 3.923 acre tract of land as described in a "Warranty Deed" from Charles F.H. Colby
and J.J. Hoard to Ralph Brookner as recorded in Volume 1841, Page 35, Deed Records, Jefferson
County, Texas and said corner bears NORTH 01°14'09" EAST a distance of 86.02 feet from the
above referenced 1/2" iron rod with a cap found for the Southwest corner of the said Lot 36;
THENCE NORTH 01014'09" EAST, along and with the boundary between the said Lot 36 and
the said 3.923 acre Brookner tract, for a distance of 10.21 feet to a 5/8" iron rod set for corner, said
corner being the Northwest corner of the said Lot 36 and the Northeast corner of the said 3.923
acre Brookner tract and being in the Southerly right-of-way line of Calder Avenue;
EXHIBIT "A"
Page_ 1 of 2
MARK W. WHITELEY & ASSOCIATES, INC
THENCE SOUTH 77003'00" EAST, along and with the Southerly right-of-way line of Calder
Avenue and the Northerly line of the said Lot 36, for a distance of 140.98 feet to a 5/8" iron rod
set for corner, said corner being the Northeast corner of the said Lot 36 and the intersection of the
Southerly right-of-way line of Calder Avenue and the West right-of-way line of 29 h Street;
THENCE SOUTH 00000'00" EAST, along and with the East line of the said Lot 36 and the West
right-of-way line of 29t' Street, for a distance of 10.26 feet to the POINT OF BEGINNING and
containing 0.0324 Acres, more or less.
Surveyed on December 18, 2019. This legal description is being submitted along with a plat based
on this survey (see E T "B").
° % S T E� • '��+
�•''G.® gyp` �.
Thomas S. we, RPLS No. 5728 �@ __ •...•
�.ROWE .
Texas Surveying Firm No.: 10106700
W:\2019\I9-1595\19-1595 m&b. docx
EXHIBIT "A"
Page 2 of 2
MARK W. WHITELEY & ASSOCIATES, INC
SET 5/8" waft
oft�_ CALDER AV
I. ROD I J waft oft
EVE
F (CALL S>>•o3, "
SET 5/8" ���__ ��D�77-03,0 E 140.98)
I. ROD `= XCCUSIV� D0 3 SQ E===8�`_
_` RAl1UgG FT �`��_
FND N7� 031004
w==S-MENT o _`___
00 4
rnrn
ww
O 0,
00
o `r
z z
-40
U
v
Cn
0:0�M
¢zC3
C'4 C)
OI m :;:
0=CO0
J
U OO
0
to
00
id
0
0
Z
A
ro
` �
46.9'
m
SET SCRIBED
"X" IN CONC.
6.0
M CHARLES HANNA, et ux
CF NO. 96-9604668 a
OPRJC o
CD
SET 5/8"
I ROD .:
•
1 .
W
Wr —.'
�CK
Coto
U.
w w
=coo
OO
(Do
N
POC
53.0' - FND .5/8°
I
I,ROD
FND • I. ROD-'
FND N90'100'00"W 139.47' .
(CALLN90'00'00"W •139.29') '
W/CAP
REFERENCE BEARING, PER PLAT,
TO THE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF THE SURVEY:
I, THOMAS S.ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY
BEARING
DISTANCE
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
FND N01'14'09"E
10.21'
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE
SURVEY.
LINE
L1
L2
FND SOO 00 00 E
10.26
EXHIBIT "B"
REFER TO EXHIBIT "A"
FOR LEGAL DESCRIPTION
Qp, TE SURVEYED: DECEMBER 18, 2019
° �°
a �.. T
�P
SUAV�y COMAS R -
N
W
rn
J
V
0' 10' 20' 4
Scale: 1 "=20'
EXHIBIT OF
10 FEET WIDE
EXCLUSIVE DRAINAGE
EASEMENT
OUT OF & PART OF
LOT 36, BLOCK 1
BROADWAY PLACE ADDITION
VOL. 7, PG. 172, M.R.
BEAUMONT
JEFFERSON COUNTY, TEXAS
DR BY:KLK CK BY:TSR APP BY- TSR
VER: ACIID Z019 SCALE: SHEET No.:
wlE DEc t9, 2019 1 "=20' 1 OF 1
W:\\2019\19-1595\19-1595.DWG 9 01159
MARK W. VYHITELEY
AND ASSOCIATES
INCORPORATED
CONSULTING ENGINEERS,
BURVEYORB, AND PLANNER8®
T.B.P.L 8. FIRM N0.10700700
TDIAB REO. ENO. FIRM NO. F•2639
P. G.
Swe Sox o3=EAff=FR9W.
MT, row rrm"m LEAMM. TExA0"M
eo9.wz4= (FAM 4MVI-13w
4305 Calder Avenue
Cuenc
i 4 Ch
All
a • _
o
o'
Maida Clark($
y Law Firm, PC T
a Mazzola Law Firm PLLC -
_ DaddiO's Burge
Calder Ave
My Fathers House Calder
gye
Reflections Custom
Picture Framing-&... Caldergye - o
Westbrook
Shoopino Center
NIIIIIINI�NIIYIIII �' 2°'°°°"a'
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
DRAINAGE EASEMENT
THAT, CFIARLES AND DARLENE HANNA, of the County of Jefferson, State of
Texas, hereinafter called "GRANTORS", 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, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT,
SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas
77704, Jefferson County, Texas, its successors and assigns,. Drainage Easements and the right to
construct, alter, and maintain drainage improvements and appurtenances on the hereinafter
described lands which said easements are under, over, in and across that certain tracts or parcels
of land owned by GRANTORS situated in the County of Jefferson, State of Texas, and being
more particularly described in Exhibit "A" attached and made a part hereof for all purposes.
The easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and removing drainage structures, canals,
ditches and appurtenances, and the following rights are also hereby conveyed:
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 ` day of , 2020.
GRANTORS:
By: a� 66ZZ,__4 �9�
Printe Name: Charles Hanna
Printed Name: Darlene Hanna
f INTENTIONAL,LY LEFT BLANK}
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me on this the day of 2020,
by Charles Hanna.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, thiday of ,
2020.
DEBBIE BOGAN
Notary ID # 1246779N
My Notary Public, State of Vas
aF` Exp(res September 22, 2023
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this the day of 2020,
by Darlene Hanna.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
2020.
DEBBIE BOGAN
Notery ID # 124677929
September 22, 2023
RETURN TO:
City of Beaumont
Antoinette Hardy
P. O. Box 3827
Beaumont, TX 77704
r
otary Public, State of Te
Legal Description: 1410.93 Square Feet Exclusive Drainage Easement
Out of and Part of Lot 36, Block 1
Broadway Place Addition
Volume 7, Page 172, Map Records
Beaumont, Jefferson County, Texas
BEING a 1410.93 square feet exclusive drainage easement being 10 feet wide being out of and
part of Lot 36, Block 1 of Broadway Place Addition, a subdivision of the City of Beaumont,
Jefferson County, Texas, according to the plat thereof recorded in Volume 7, Page 172, Map
Records, Jefferson County, Texas, and being out of and part of the said Lot 36, Block 1 of
Broadway Place Addition as described in a "Warranty Deed with Vendor's Lien" from Johanna
Maniscalco Allison, et al. to Charles Hanna and wife, Darlene Hanna as recorded in Clerk's File
No. 96-9604668, Official Public Records of Real Property, Jefferson County, Texas, said 1410.93
square feet easement being more particularly described as follows:
NOTE: All bearings are referenced to the South line of the said Lot 36 as NORTH
90 °00'00" WEST as recorded on the final plat of the said Broadway Place Addition
as recorded in Volume 7, Page 172, Map Records, Jefferson County, Texas. All set
518" iron rods set with caps stamped "M.. W. Whiteley & Associates".
CONEWENCING at a 5/8" iron rod found for the Southeast corner of the said Lot 36, the same
being the Northeast corner of Lot 3 5, Block 1 of the said Broadway Place Addition and said corner
being in the West right-of-way line of 29a' Street (based on a width of 60 feet) and from said corner
a 1/2" iron rod with a cap found for the Southwest corner of the said Lot 36 bears NORTH
90°00'00" WEST a distance of 139.47 feet;
THENCE NORTH 00000'00" WEST, along and with the West right-of-way line of 29t' Street and
the East line of the said Lot 36, for a distance of 54.36 feet to a scribed " X" in concrete set for the
Southeast corner and the POINT OF BEGINNING of the easement herein described;
THENCE NORTH 77003'00" WEST, over and across the said Lot 36 and 10 feet perpendicular
and parallel to the Northerly line of the said Lot 36, for a distance of 141.21 feet to a 5/8" iron rod
set for comer, said comer being in the West line of the said Lot 36 and in the East line of that
certain called 3.923 acre tract of land as described in a "Warranty Deed" from Charles F.H. Colby
and J.J. Hoard to Ralph Brookner as recorded in Volume 1841, Page 35, Deed Records, Jefferson
County, Texas and said comer bears NORTH 01°14'09" EAST a distance of 86.02 feet from the
above referenced 1/2" iron rod with a cap found for the Southwest comer of the said Lot 36;
THENCE NORTH 01014'09" EAST, along and with the boundary between the said Lot 36 and
the said 3.923 acre Brookner tract, for a distance of 10.21 feet to a 5/8" iron rod set for comer, said
comer being the Northwest comer of the said Lot 36 and the Northeast comer of the said 3.923
acre Brookner tract and being in the Southerly right-of-way line of Calder Avenue;
MARK W. WMTELEY & ASSOCIATES, INC
THENCE SOUTH 77003'00" EAST, along and with the Southerly right-of-way line of Calder
Avenue and the Northerly line of the said Lot 36, for a distance of 140.98 feet to a 5/8" iron rod
set for corner, said corner being the Northeast corner of the said Lot 36 and the intersection of the
Southerly right-of-way line of Calder Avenue and the West right-of-way line of 29t' Street;
THENCE SOUTH 00000'00" EAST, along and with the East line of the said. Lot 36 and the West
right-of-way line of 29 h Street, for a distance of 10.26 feet to the POINT OF BEGINNING.and
containing 0.0324 Acres, more or less.
Surveyed on December 18, 2019. This legal description is being submitted along with a plat based
on this survey (see EXJ4IBIT "B").
Thomas S. we, RPLS No. 5728 THOMAS S.
Texas Surveying Firm No.: 10106700
WA2019\19-1595\19-1595m&b.docz
EXHIBIT "A"
Page 2 of 2
MARK W. WIIITELEY & ASSOCL4TES, INC
I, SET�5/8-
--(CAQ'
C'4�D
I. ROD N - _
ER
.__ VE UE
q
SET 5 8 so7-03.0p j' •-
I. R" 7 3
OD ".>�` = '� ..E1 8�
ems-ExCC �410.�`.=4 9g�
�� 11S�VE D 93 SQ.'F7.RAI
AGEF
W741r21�� o tI: Roo
00
f*N
CD ED
C4
0 6,
`O
C
pr
z
Z
LLJ
j UgM
< Z C6
PO O
cV 0 U
O!m.��
�
- 46.9
--
a
1i1
Y
x
CO
Qd
to two�
T7
SET' SCRIBED.
jr
°X" IN CONC.
Ln
c CHARLES HANNA. et ux;' 6:0
o o
o-o N,
'
CF NO. 96-9604668 0
.o.
i
OPRJC
0
Vl N
0' 10' 20'
,��. N j! j..
.
�/ t ' • .1
r- � r,F,ND, 578
�0�
F�ID I `ROD; 1 FND `N90 00'00"W 1.39 4T
W/,CAP x ,� ,y5, 1 a ' 1 (CALL N90 00f00`iN 139 29') Y
a� r �
,.f_ ..,..:.3v--...._t17 sti .•�.� _- �. �."'��..�'ts .�..�. �r �.,..,.i�.v'e.._.....-_ "w��r..._ � �1t ..1�:'- v... � _ _ �. _ .. _ � ._
TO THE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF THE SURVEY:
I, THOMAS 5—BQK DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY
LINE BEARING DISTANCE THE
p EONNAND CORRECTLY REPRESENTSNTHEFF PROPERTY LEGALLY
AT THE TIME OFTHE
L1
FND N01'14'09"E
10.21'
L2
I FND SOO-00-00"E
10.26'
EXHIBIT " B"
REFER TO EXHIBIT "A"
FOR LEGAL DESCRIPTION
54--7ds SEY.
� 4 DA ,SURVEYED: DECEMBER 18, 2019
5728
a�
BURd���
Scale: 1 "=20'
401
EXHIBIT OF
10 FEET WIDE
EXCLUSIVE DRAINAGE
EASEMENT
OUT OF & PART OF
LOT 36, BLOCK 1
BROADWAY PLACE ADDITION
VOL. 7, PG. 172, M.R.
BEAUMONT
JEFFERSON COUNTY, TEXAS
Z01B SCALE SHET Na:
1. an10 1 "--20' 1 OF 1
JOB NO.
19-1595\19-1595.DWG 19-15
JrW. WHITELEY
AND ASSOCIATES
INCORPORATED
SURVEYORS, AND PLANNERS®
T.B.P.L S. FIRM NO.10100T00
TEXAS REG. ENO. FIRM NO. F-=
02 3M ZAff=FRWY.
rrr2B4m HEMMONr, TOM ?TM
t (FA)Q 4man47Y
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
c
Carolyn L. Guidry, County Clerk
Jefferson County, Texas
January 23, 2020 08:54:09 AM
FEE: $46.00 2020002392