HomeMy WebLinkAboutRES 22-198RESOLUTION NO. 22-198
WHEREAS, Pauline Johnson has agreed to convey one (1) five foot (5') wide
utility easement, said easement being a 233.17 square feet tract of land out of and part
of Lot 9, Block 16, North Addition, City of Beaumont, Jefferson County, Texas as
described and shown in Exhibit "1," attached hereto, to the City of Beaumont to facilitate
sewer services located at 855 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 is in the best interest of the City of Beaumont and that same should be accepted;
NOW, THEREFORE, BE 1T 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 five foot (5') wide utility easement, said easement being a 233.17
square feet tract of land out of and part of Lot 9, Block 16, North Addition, City of
Beaumont, 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 16th day of
August, 2022.
- Mayor Robin Mouton
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS;
COUNTY OF JEFFERSON X
UTILITY EASEMENT
THAT, PAULINE JOHNSON, of the County of Jefferson, State of Texas, hereinafter
called "GRANTORS", 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, have
GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY
unto the CITY OF BEAUMONT, P. 0. Box 3827, Bcaumont, Texas 77704, Jefferson County,
Texas, its successors and assigns, a Sanitary Sewer Easement and the right to construct, alter,
and maintain said sanitary sewer line and appurtenances on the hereinafter described lands which
said easement is under, over, in and across that certain tract or parcel of land owned by
GRANTORS 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, removing sanitary sewer lines 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 tract of land hereinbeforc 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 999"
Grantor agrees not to place any Atuctures or appurtenances within the Easement
Property.
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 )2022.
Cif7:�� 11�1771
PAULINE JOHNSON
E II ITENTIONALLY LEFT BLANK,'
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared
PAULINE JOHNSON for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2022.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy - Engineering
P. O, Box 3 827
Beaumont, TX 77704
EXHIBIT "A."
Legal Description: 233,17 Square Feet Utility Easement
Out of and kart of Lot 9, Block 16
North Addition
Volume 4, Page 151, Map Records
Beaumont, Jefferson County, Texas
BEING a 23 3.17 square feet utility easement being out of and part of Lot 9, Block 16 of the North
Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat
thereof rccorded in Volume 4, Page 151, Map Records, Jefferson County, Texas and being out of
and part of that certain tract of land being called the North C 1/3 of Lots 7, 8, and 9, Blocic 16 of
North Addition as described in a "General Warranty Deed" from Tavion Boykin to Pauline
Johnson as recorded in Clerk's File No, 2018034493, Official Public Records of Real Property,
Jefferson County, Texas, said 233,17 square feet utility easement being more particularly
described as follows:
NOTE; All bearings are referenced to the Texas State Plane Coordinate System
South Central Zone NAD83 (2011). All distances and acreages are surface, All
,set 5/8" iron rods set with caps stamped "M. W. Whiteley & Associates ".
COMMENCING at a 5/8" iron rod found for the Southeasterly corner of Lot 10, Block 16 of the
said North Addition and the Northeasterly corner of Lot 11, Block 16 of the said North .Addition,
the same being the Northeasterly corner of that certain tract of land being called the East 52 feet
of Lots 11 and Lot 12, Block 16 of the North Addition as described in a "Sheriffs Deed" from G.
Mitch Woods, Sheriff of Jefferson County, to Cecile Melbert as recorded in Clerk's File No.
2003050870, Official Public Records of Real Property, Jefferson County, Texas and said corner
being in the Westerly right-of-way line of Texas Avenue;
THENCE NORTH 26"35'43" WEST, along and with the Easterly line of the said Lot 10 and the
Westerly right-of-way line of Texas Avenue, for a distance of 50.01 feet to a 5/8" iron rod set for
corner, said corner being the Northeasterly corner of the said Lot 10 and the Southeasterly corner
of the said Lot 9, the same being the Southeasterly corner of that certain tract of land being called
the E 1/3 of Lots 7, 8, and 9, Block 16 of North Addition as described in a "Sheriffs Deed" from
G. Mitch Woods, Sheriff of Jefferson County, to Magnolia Cemetery as recorded in Cleric's File
No. 2009047372, Official Public Records of Real Property, Jefferson County, Texas;
THE, NCE SOUTH 63025131" WEST, along and with the Northerly line of the said Lot 10 and the
Southerly line of the said Lot 9, the same Southerly line of the said Magnolia Cemetery tract, for
a distance of 46.63 feet to a 5/8" iron rod set for the Southeasterly corner and the POINT OF
-BEGINNING of the easement herein described, said corner being the Southwesterly corner of the
said Magnolia Cemetery tract and the Southeasterly corner of the said Johnson tract;
THENCE SOUTH 63°25'31" WEST, along and with the Northerly line of the said Lot 10 and. the
Southerly line of the said Lot 9, the same Southerly line. of the said Johnson tract, for a distance of
46.63 feet to a 518" iron rod set for corner, said corner being the Southwesterly corner of the said
EXHfBI1 "All
MARK W. WHIMLLY & ASSUC'IAY&S, INC.
Johnson tract and the Southeasterly corner of that certain tract of land being called the West one-
third of Lots 7, 8, and 9, Block 16 of North Addition as described in a "Warranty Deed" from
Neivert Frelow, also known as Nerbert Frolow, Jr. to Karen Gail Smith as recorded in Clerk's File
No. 2005010639, Official Public Records of Real Property, Jefferson County, Texas;
THE, NORTH 269543" WEST, over and across the said Lot 9 and along and with the
boundary between the said Johnson tract and the said Smith tract, for a distance of 5.00 feet to a
point for coiner;
`WHENCE NORTH 63"2531" EAST, over and across the said Lot 9 and 5 feet parallel to the
Southerly line of the said Lot 9, for a distance of 46.63 feet to a point for corner, said corner being
in the common line between the said Johnson tract and the said Magnolia Cemetery tract;
THENCE SOUTH 2603 943" EAST, along and with the boundary between the said Johnson tract
and the said Magnolia Cemetery tract, for a distance of 5.00 feet to the POINT Or BEGINNING
and containing 233.17 Square Feet, more or less,
Surveyed on March 17, 2022. This legal description is being submitted along with a plat based on
this survey (see EXHIBIT "B").
fid
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Thomas S. Rowe, No. 5728 ,�A, ...
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Texas Surveying Firm No.: 10106700 �qAD
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EXHIBIT "A"
MARK IV WHIFF LEY& ASSOCIATHS. INC
.
W. 1/3 OF LOTS 7. 8 & 9
Cr
iUiREN CAIL SMITH
CIF NO. 2005010639
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(CALL 140.00') CALDWELL AVENUE
FND N63'22'49"E 139,90' (61.68' ROW)
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WC1/3OFLOTS 7,8&9
PALILINE JOHNSON
OF NO, 2018034493
OPRJC
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5' UTILITY EASEMENT
�233.17 Sq. Feet
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PROPOSED LA
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E. 1/3 LOTS 7, 8 & 9
MAGNOLIA CEMELERY
OF NO, 2009017372
OPRJC
ROGESTER MALLEff
VOL. 2390, PG. 295
DRJC
(CALL 140.00')
FND S63'26'39"W 139.90'
� NN
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TOM MELBERT, et 1►x
VOL. 1713, PG, 355
DRJC
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FND 5/8"
1. ROD
E,52' OF LOTS I & 12
CECILE MELBERT
CF NO. 2003050870
OPRJC
I. PIPE FND 1/2" FND 5/8" FND 5/8"
PINCHED I. ROD 11. ROD 1. ROD
FND S63'22'23"W 44,90' FND S63'21'40"W 43.08' FND S63'24'09"W 51,92'
(CALL 45,00) (CALL 52,00')
FND S63'22'49V 139,90' MAPLE AVENUE -•-
(CALL 140.00) (60 ROW)
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
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: MARCH 17, 2022
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1HOMAS S. ROWE
6728
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EXHIBIT " B"
REFER TO EXHIBIT "A"
FOR LEGAL. DESCRIPTION
LEGEND
(O CALCULATED CORNER
• SET 5/8" IRON ROD W/CAP
STAMPED ' W, WHITELEY &
ASSOCIATES'
OTEO. UNLESS OTHERWISE
EXHIBIT OF
W Utility Easement
233.17 Sq. Ft.
Out of & Park of Lot 9, Bilk.16
North Addition
Vol. 4, Pg.151, M.R.
Beaumont
Jefferson County, Texas
OR UYAK cK WITSR N'P' DYCTSH
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DAM WA Z; 2DU 1 "= 30' 1 OF 1
R1Fa IdG0 NO.
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IIIIiIIIIIIIIIIII�IIIIB �.4 2022025617
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
UTILITY EASEMENT
THAT, PAULINE JOHNSON, 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, a Sanitary Sewer Easement and the right to construct, alter,
and maintain said sanitary sewer line and appurtenances on the hereinafter described lands which
said easement is under, over, in and across that certain tract or parcel of land owned by
GRANTORS situated in the County of Jefferson, State of Texas, and being more particularly
described in Exhibits "A & B" attached and made a pant hereof for all purposes.
The casement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, removing sanitary sewer lines 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 tract 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.
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 % , 2022.
GRANTOR.:
r t
PAULINE 70 SON
INTENTI ONISLLY LE— FT IBLA1\11C;
ACKNOWLEDGMENT
,STATE OF TEXAS X.
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared
PAULINE JOHNSON for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this I M' day of 2022.
E
i� CRYSTAL GARZA
aro,,
�Notary Publlo, State of Texas
`I Comm. Expires 05-13 22023
*�y Notary ID 132009734 Notary ublic, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy - Engineering
P. 0. Box 3827
Beaumont, TX 77704
EXHIBIT "A„
Legal Description: 233.17 Square Feet Utility Easement
Out of and Part of Lot 9, Block 16
North Addition
Volume 4, Page 151, Map Records
Beaumont, Jefferson County, Texas
BEING a 233.17 square feet utility easement being out of and part of Lot 9, Block 16 of the North
Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat
thereof recorded in Volume 4, Page 151, Map Records, Jefferson County, Texas and being out of
and part of that certain tract of land being called the North C 1/3 of Lots 7, 8, and 9, Block 16 of
North Addition as described in a "General Warranty Deed" from Tavion Boykins to Pauline
Johnson as recorded in Clerk's File No. 2018034493, Official Public Records of Real Property,
Jefferson County, Texas, said 233.17 square feet utility easement being more particularly
described as follows:
NOTE; All bearings are referenced to the Texas State Plane Coordinate System
South Central Zone NAD83 (201.1), All distances and acreages are surface. All
set 518" iron rods set with caps stamped "M..W Whiteley & Associates".
COMMENCING at a 5/8" iron rod found for the Southeasterly corner of Lot 10, Block 16 of the
said North Addition and the Northeasterly corner of Lot 11, Block 16 of the said North Addition,
the same being the Northeasterly corner of that certain tract of land being called the East 52 feet
of Lots 11 and Lot 12, Block 16 of the North Addition as described in a "Sheriffs Deed" from G.
Mitch Woods, Sheriff of Jefferson County, to Cecile Melbert as recorded in Clerk's File No.
2003050870, Official Public Records of Real Property, Jefferson County, Texas and said corner
being in the Westerly right-of-way line of Texas Avenue;
THENCE NORTH 26°35'43" WEST, along and with the Easterly line of the said. Lot 10 and the
Westerly right-of-way line of Texas Avenue, for a distance of 50.01 feet to a 5/8" iron rod set for
corner, said comer being the Northeasterly comer of the said Lot 10 and the Southeasterly corner
of the said Lot 9, the same being the Southeasterly corner of that certain tract of land being called
the E 1/3 of Lots 7, 8, and 9, Block 16 of North Addition as described in a "Sheriff s Deed" from
G. Mitch Woods, Sheriff of Jefferson County, to Magnolia Cemetery as recorded in Clerk's File
No. 2009047372, Official Public Records of Real Property, Jefferson County, Texas;
THENCE SOUTH 63"25'31" WEST, along and with the Northerly line of the said Lot 10 and the
Southerly line of the said Lot 9, the same Southerly line of the said Magnolia Cemetery tract, for
a distance of 46.63 feet to a 5/8" iron rod set for the Southeasterly corner and the POINT OF
BEGINNING of the easement herein described, said corner being the Southwesterly corner of the
said Magnolia Cemetery tract and the Southeasterly corner of the said Johnson tract;
THENCE SOUTH 63025'3 V WEST, along and with the Northerly line of the said Lot 10 and the
Southerly line of the said Lot 9, the same Southerly line of the said Johnson tract, for a distance of
46.63 feet to a 5/8" iron rod set for corner, said corner being the Southwesterly corner of the said
EXHIBIT "A•
Johnson tract and the Southeasterly corner of that certain tract of land being called the West one-
third of Lots 7, 8, and 9, Block 16 of North Addition as described in a "Warranty Deed" from
Nei vert Frelow, also known as Nerbert Frelow, Jr. to Karen Gail Smith as recorded in Clerk's File
No. 2005010639, Official Public Records of Real Property, Jefferson County, Texas;
THENCE NORTH 26"35'43" WEST, over and across the said Lot 9 and along and with the
boundary between the said Johnson tract and the said Smith tract, for a distance of 5.00 feet to a
point for corner;
THE, NORTH 63025'31" EAST, over and across the said Lot 9 and 5 feet parallel to the
Southerly line of the said Lot 9, for a distance of 46.63 feet to a point for corner, said corner being
in the common line between the said Johnson tract and the said Magnolia Cemetery tract;
THENCE SOUTH 269543" EAST, along and with the boundary between the said Johnson tract
and the said Magnolia Cemetery tract, for a distance of 5.00 feet to the POINT OF BEGINNING
and containing 233.17 Square Feet, more or less.
Surveyed on March 17, 2022. This legal description is being submitted along with a plat based on
this survey (see EXHIBIT "B").
OF,Tc,
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EXHIBIT "A"
MAIM M WHIIELL'Y &-4,1J43I MAtta, IIVL.
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W. 1/3 OF LOTS 7, 8 & 9
i
KAREN GAIL SMITH
-
CF NO. 2005010639
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(CALL 140.00') CALDWELL AVENUE
END N6322'49"E 139,90' (61.68 ROW)
N.0 1/3 OF LOTS 7. 8 & 9
PAULINE JOHNSON
CF NO. 2018034493
OPRJC
PROPOSED
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5' UTILITY EASEMENT
�233.17 Sq. Feet
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E. 1/3 LOTS 7, 8 & 9
MAGNOLIA CEMETERY
CF NO, 2009047372
OPRJC
ROGESTER MALLETf
VOL. 2390, PG. 295
DRJC
(CALL 140.00')
FND S63'26'39'W 139.90'
'IN�,05
TOM MELBERT, et ux
VOL. 1713, PG. 355
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CECILE MELBERT
CF NO. 2003050870
OPRJC
I. PIPE FND 1/2" FND 5/8" FND 5/8"
PINCHED I, ROD I. ROD I. ROD
FND S63'22'23W 44.90' FND S63'21'40'W 43.08' END 563'24'09'W 51.92'
(CALL 45.00') (CALL 52.00')
FND S63.22'491W 139.90' MAPLE AVENUE �-
(CALL 140.00') (60 ROW
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
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: MARCH 17, 2022
THOMAS S, ROWE
.,..�......................v'r....
,.9 5i 28
EXHIBIT "B"
REFER TO EXHIBIT "A"
FOR LEGAL DESCRIPTION
rn�V
LEGEND
o
o G) CALCULATED CORNER
'o r • SET 5/8" IRON ROD W/CAP
STAMPED "M.W. WHITELEEYY &
v DTED. (ASSOCIATES UNLESS OTHERWISE
nn
h- EXHIBIT OF
5' Utility Easement
233.17 Sq. Ft.
Out of $ Part of Lot 9, Blk. 16
North Addition
Vol. 4, Pg. 151, M.R.
Beaumont
Jefferson County, Texas
OR BY:KLK I CK 6Y:TSR APP BY: TER
VER; ALAI) 2019 SCALE: SHEET No.:
WE 6vt A 2a22 1 "=30' 1 1 OF 1
FILE: JOB KO.
W:\2022\22-491199-421 TR'
AAWA
- JREGISTEREO PROFESSI0NA1,LA0-UHj(EYRR`W 5728
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Laurie Leister, County Uerk
Jefferson County, Texas
July 25, 2022 1Z30:1.4 PM
FEE: $46,00 2022026617