HomeMy WebLinkAboutRES 22-126RESOLUTION NO.22-126
WHEREAS, an agreement has been negotiated for the acquisition of property
described below and in Exhibit "1 ," attached hereto, fora Lift Station Eas(--ment:
E)escription: 225 square feet Lift Station Easement situated
in the HezeKiah Williams, Jr_ Survey, Abstract
No. 57 in the City of Beaumont, Jefferson
County, Texas
Owner: Beaumont Country Club, Inc.
Appraised Value: $91 _00
NOW, THEREFORE, BE IT RES(DLA/EE:) 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 the purchase of the above described property Be, and the same is, hereby
approved; and,
BE IT FURTHER RESOL\/EL3 THAT the Interim City Manager be and he is
hereby authorized to execute all related documents relating to the purchase of the
above described property_
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.
PASSES BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
May, 2022.
I�
Mayor Robin Mouton -
AGREEMENT
PROJECT: Lift Station Easement
Property ID #: 19040
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
This agreement between the Beaumont Country Club, Inc., of the County of Jefferson,
State of Texas, hereinafter called GRANTOR, and the City of Beaumont, Texas, 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 Lift Station Easement to be executed by GRANTOR, to which reference is hereby made for
complete description, said property being briefly described as follows:
225 square feet lift station easement situated in the Hezekiah Williams, Jr. Survey,
Abstract No. 57, 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:
NINETY-ONE AND NO1100 DOLLARS ($91.00)
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 Lift Station Easement 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 HERER\7 AND NO VERBAL AGREEMENTS ARE
AUTHORIZED.
EXECUTED this 3r4 day of , 20.4j.
CITY OF BEAUMONT
A Adq--�
Antoinette Rardy
Real Property Coordinat r
EXHIBIT "1"
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
LIFT STATION EASEMENT
THAT, BEAUMONT COUNTRY CLUB, INC., a Texas Corporation, 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. 0. Box 3827, Beaumont, Texas
77704, Jefferson County, Texas, its successors and assigns, a perpetual, exclusive, lift station
easement (the "Easement") to construct, alter, and maintain water and sewer Iines 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/or 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
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; 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]
4L.,
EXECUTED this
GRANTOR:
STATE OF TEXAS
COUNTY OF JEFFERSON
day of , 2022.
ACKNOWLEDGMENT
This instrument was acknowledged before me on this the -#t day of14
,
20 01 b Don S. Shaver, Vice -President, of BEAUMONT COUNTRY CLUB, INC.
Y Q�
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this -I — day of ,
20�.
E
CINDYGIBES
My NotaryID86440452
Emphs OeWw4,2024
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
an&_kAy1d)_
tary Public, State of Texas
EXHIBIT "A"
Legal Description: 225.00 Square Feet Lift Station Easement
Hezekiah Williams, Jr. Survey, Abstract No. 57
Beaumont, Jefferson County, Texas
BEING a 225.00 square feet lift station easement situated in the Hezekiah Williams, Jr. Survey,
Abstract No. 57, Jefferson County, Texas and being out of and part of that certain called 60.89 acre
tract of land as described in a deed from Mrs. N.R. Addock and husband R.L. Addock to the Beaumont
Country Club as recorded in Volume 99, Page 80, Deed Records, Jefferson County, Texas, said 225.00
square feet tract of land being more particularly described as follows:
NOTE. All bearings and coordinates are referenced to the Texas State Plane
Coordinate System South Central Zone NAD83(2011). All acreages and distances are
surface. All coordinates are grid.
BEGINNING at a point for the most Easterly corner of the tract herein described (unable to find or
set corner due to chain link fence post), said corner being the most Southerly corner of that certain
called 225 square feet sanitary sewer lift station easement as described in a deed from Beaumont
Country Club, Inc. to the City of Beaumont as recorded in Volume 1373, Page 247, Deed Records,
Jefferson County, Texas and said corner being in the Northwesterly right-of-way line of Pine Street
(formerly Colliers Ferry Road) and from said corner a chain link fence post bears SOUTH 55°23'13"
WEST a distance of 0.24 feet and said corner having coordinates of N: 13,991,739.19 feet, E:
3,517,913.59 feet;
THENCE SOUTH 51052'10" WEST, along and with the Northwesterly right-of-way line of Pine
Street, for a distance of 15.00 feet to a 5/81' iron rod set for corner;
THENCE NORTH 38007'50" WEST, over and across the said 60.89 acre Beaumont Country Club
tract and perpendicular to the Northwesterly right-of-way line of Pine Street, for a distance of 15.00
feet to.a 5/8" iron rod set for corner;
THENCE NORTH 51052' 10" EAST, parallel to the Northwesterly right-of-way line of Pine Street for
a distance of 15.00 feet to a point for corner (unable to find or set corner due to chain link fence post),
said corner being the most Westerly corner of the above referenced 225 square feet City of Beaumont
sanitary sewer lift station easement and from said corner a chain link fence post bears SOUTH
27° 10'04" EAST a distance of 0.33 feet;
THENCE SOUTH 38007'50" EAST, along and with the boundary between the tract herein described
and the said 225 square feet City of Beaumont sanitary sewer lift station easement for a distance of
15.00 feet to the POINT OF BEGINNING and containing 225.00 Square Feet, more or less.
Surveyed on November 2, 2021. This legal description is being submitted along with a plat based on
this survey (see EX' "B").
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Thomas S. R we, RPLS No. 5728 MOMAS&ROWE
Texas Surveying Firm No.: 10106700 sq......6728�» e
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STATE OF TEXAS §
COUNTY OF JEFFERSON §
KNOW ALL MEN BY THESE PRESENTS:
LIFT STATION EASEMENT
THAT, BEAUMONT COUNTRY CLUB, INC., a Texas Corporation, hereinafter
called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND
N01100 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, lift station
easement (the "Easement") to construct, alter, and maintain water and sewer lines 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/or 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
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; 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]
�a
EXECUTED this day of , 2022.
GRANTOR:
BEAUMONTACOUNTRY CIATB, INC.
LZA
Vice President
ver
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this the day of
2021, by Don S. Shaver, Vice -President, of BEAUMONT COUNTRY CC,,LUB, INC.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this —I — day of ,
20"
;•','"'�4=.
-•: *=
CINDYGIBBS
tilt' Notary ID # 6440452
Exphes Odolm4, 2024
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
tary Public, State of Texas
EXMIT "A"
Legal Description: 225.00 Square Feet Lift Station Easement
Hezekiah Williams, Jr. Survey, Abstract No. 57
Beaumont, Jefferson County, Texas
BEING a 225.00 square feet lift station easement situated in the Hezeldah Williams, Jr. Survey,
Abstract No. 57, Jefferson County, Texas and being out of and part of that certain called 60.89 acre
tract of land as described in a deed from Mrs. N.R. Addock and husband R.L. Addock to the Beaumont
Country Club as recorded in Volume 99, Page 80, Deed Records, Jefferson County, Texas, said 225.00
square feet tract of land being more particularly described as follows:
NOTE: All bearings and coordinates are referenced to the Texas State Plane
Coordinate System South Central Zone NAD83(2011). All acreages and distances are
surface. All coordinates are grid.
BEGINNING at a point for the most Easterly corner of the tract herein described (unable to find or
set comer due to chain link fence post), said corner being the most Southerly comer of that certain
called 225 square feet sanitary sewer lift station easement as described in a deed from Beaumont
Country Club, Inc. to the City of Beaumont as recorded in Volume 1373, Page 247, Deed Records,
Jefferson County, Texas and said corner being in the Northwesterly right-of-way line of Pine Street
(formerly Colliers Ferry Road) and from said comer a chain link fence post bears SOUTH 55°23'13"
WEST a distance of 0.24 feet and said corner having coordinates of N: 13,991,739.19 feet, E:
3,517,913.59 feet;
THENCE SOUTH 51°52'10" WEST, along and with the Northwesterly right-of-way line of Pine
Street, for a distance of 15.00 feet to a 5/8" iron rod set for comer;
THENCE NORTH 3800750" WEST, over and across the said 60.89 acre Beaumont Country Club
tract and perpendicular to the Northwesterly right-of-way line of Pine Street, for a distance of 15.00
feet to a 5/8" iron rod set for corner;
THENCE NORTH 51052'10" EAST, parallel to the Northwesterly right-of-way line of Pine Street for
a distance of 15.00 feet to a point for corner (unable to find or set corner due to chain link fence post),
said corner being the most Westerly corner of the above referenced 225 square feet City of Beaumont
sanitary sewer lift station easement and from said corner a chain link fence post bears SOUTH
27°10'04" EAST a distance of 0.33 feet;
THENCE SOUTH 38007'50" EAST, along and with the boundary between the tract herein described
and the said 225 square feet City of Beaumont sanitary sewer lift station easement for a distance of
15.00 feet to the POINT OF BEGINNING and containing 225.00 Square Feet, more or less.
Surveyed on November 2, 2021. This legal description is being submitted along with a plat based on
this survey (see EJ ' "B").
(e,
SROThomas S.we, RPLS No. 5728 wns Texas Surveying Firm No.: 10106700 6728e'
.
W:�2021\21-1516121-1516m&b.doex SUR����
MARK W. WHITELEY & ASSUCI47LJ, INC:
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0 °
SET 5/8"
I. ROD
A
SET
I.
PINE STREET
(FORMERLY COLLIERS FERRY ROAD)
CALLED 60.89 ACRES
BEAUMONT COUNTRY CLUB
VOL 99, PG. 80
DRJC
CHAIN LINK FENCE
POST BEARS
S2710'04"E 0.33' FND CHAIN LINK
;M FENCE POST
L3 o L6 FOR CORNER
=-C,r-'
0.06'
U
225 SO. FT.
225.00 SQ. FEET SANITARY SEWER
LIFT STATION -J LIFT STATION �.
CITY OF BEAUMONT J
EASEMENT VOL 1373. PG. 247
DRJC
L1
CHAIN LINK FENCE
POST BEARS
S55'23'13"W 0.24'
NOTE:ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE
TEXAS STATE PLANE COORDINATE SYSTEM SOUTH CENTRAL
ZONE NADB3(2011). ALL ACREAGES AND DISTANCES ARE
SURFACE. ALL COORDINATES ARE GRID.
LINE
BEARING
DISTANCE
L1
S51'52'10"W
15.00'
L2
N38'07'50"W
15.00'
L3
N51'52'10"E
15.00'
L4
S38'07'50"E
15.00'
L5
I S51'52'10"W
15.00'
L6
I N51'52'10"E
15.00'
L7
I S38'07'50"E
15.00'
L5
N=13,991,739.19'
E= 3,517,913.59'
FND CHAIN LINK
FENCE POST
FOR CORNER
TO THE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF THE SURVEY:
0' 5' 10' 20'
Scale: 1 "=10'
I, OTH MAS 5. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE
SURVEY.
DATE SURVEYED,• NOVEMBER 2, 2021�P'C56;s
0
THOmAB S. ROWE
EXHIBIT "B"
REFER TO EXHIBIT "A"
FOR LEGAL DESCRIPTION
EXHIBIT OF
225.00 SO. FT.
LIFT STATION
EASEMENT
HEZEKIAH VALLIAMS, JP- SURVEY
ABSTRACT NO.57
BEAUMONT
JEFFERSON COUNTY, TEXAS
a ACAD :0,1 SCALE:=10, SHEET ":
2.
JW Na
m=\21-016 Cm IR MO mQ MM MOON 21 —151
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Laurie Leister, County Clerk
Jefferson County, Texas
May 19, 2022 03:20:32 PM
FEE: $42.00 2022017607