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HomeMy WebLinkAboutRES 22-208RESOLUTION NO. 22-208 WHEREAS, Coca-Cola Southwest Beverages, LLC has agreed to convey one (1) 0.3440 acre exclusive drainage easement, said easement being a 0,3440 acre tract of land out of and part of a called 75.9795 acre tract of land situated in the W.B. Dyches Survey, Abstract No. 17, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit 1," attached hereto, to the City of Beaumont to facilitate drainage improvements at 11450 Eastex Freeway and Broadoak Street; 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 0.3440 acre exclusive drainage easement, said easement being a 0.3440 acre tract of land out of and part of a called 75.9795 acre tract of land situated in the W.B. Dyches Survey, Abstract No. 17, 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 30th day of August, 2022. - Mayor Rabin Mouton - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS § COUNTY OF JEFFERSON § DRAINAGE EASEMENT THAT, COCA -COLA SOUTHWEST BEVERAGES LLC, a Delaware limited liability company ("Grantor"), for and in consideration of the sum of ONE AND N0/100 DOLLAR ($1.00), and other good and valuable consideration paid by the CITY OF BEAUMONT ("Grantee"), a municipal corporation domiciled in Jefferson County, Texas, the receipt and sufficiency of which consideration is hereby acknowledged, does hereby GRANT, BARGAIN and CONVEY, and by these presents do GRANT, BARGAIN and CONVEY unto Grantee, its successors and assigns, drainage easements (collectively, as applicable, "Drainage Easements") on the hereinafter described lands which said easements are under, over, in and across that 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" attached and made a part hereof for all purposes, and being depicted on Exhibit "B" attached and made a part hereof for all purposes (the "Easement Area"). The Drainage Easements herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and removing drainage structures, canals, ditches and appurtenances in the Easement Area (collectively, as applicable, the "Drainage Improvements"), and the following rights are also hereby conveyed: EXHIBIT 4&1" 170032/00051/f36380600.v5 It is expressly understood and agreed that Grantee shall have the right of ingress to and egress from the Easement Areas and use of the same for the purposes aforesaid, and giving said Grantee the right and privilege to improve, maintain and operate the Drainage Improvements in the Easement Areas as permitted by applicable law(s). Grantee hereby represents, covenants and warrants in favor of Grantor, and its successors and assigns, that Grantee shall protect and maintain the Drainage Improvements and Easement Areas, and the adjacent lands of Grantor over which Grantee has rights of ingress and egress, in accordance with proper engineering industry standards, from damage caused, in whole or in part, by acts or omissions of Grantee, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents and in such a manner that the Drainage Improvements and Easement Areas do not overflow and flood adjacent real property under typical weather conditions, and as may be required by applicable law(s). Maintenance of the Drainage Improvements and Easement Areas shall include, but not be limited to, mowing and clearing of vegetation, drainage and erosion control of run-off into and within the confines of the Drainage Improvements and Easement Areas, keeping the Drainage Improvements and Easement Areas clear of obstructions to the free flow of drainage water through the Drainage Improvements and Easement Areas, repairs to erosion protection features, and maintaining the Drainage Improvements and Easement Areas to prevent erosion and washouts of the soil in the Drainage Improvements and Easement Areas. TO HAVE AND TO HOLD the above -described Easement Areas unto the said Grantee, its successors and assigns forever, for the purposes herein stated. [remainder of page intentionally left blank; signature page immediately follows] 170032/00051/ 1363 80000.v5 EXECUTED this the day of August, 2022. GRANTOR: COCA -COLA SOUTHWEST BEVERAGES LLC, a Delaware limited liability company By: _ Name: Title: STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of August, 2022, by , in his/her capacity as of Coca-Cola Southwest Beverages LLC, a Delaware limited liability company, on behalf of said limited liability company. Notary Public in and for The State of Texas Commission Expires: 170032/00051/136380600.v5 GRANTEE: CITY OF BEAUMONT, a municipal corporation By: Printed Name: Title: STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on the day of August, 2022, by , in his/her capacity as of City of Beaumont, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. Notary Public in and for The State of Texas Commission Expires: RETURN TO: City of Beaumont Antoinette Handy P. 0. Box 3827 Beaumont, TX 77704 170032/00051/136380600,v5 EXHIBIT "A" Legal Description of Easement Areas [attached following this page] 170032/00051/136380600.v5 EXHIBIT "A" Legal Description: 0.3440 Acre Drainage Easement W.B. Dyches Survey, Abstract No. 17 Jefferson County, Texas BEING a 0.3440 acre drainage easement situated in the W.B. Dyches Survey, Abstract No. 17, Jefferson County, Texas and being out of and part of that certain called 759795 acre tract of land as described in a "Special Warranty Deed" from Coca-Cola Refreshments USA, Inc. to Coca-Cola Southwest Beverages LLC as recorded in Clerk's File No. 201701 1079, Official Public Records of Real Property, Jefferson County, Texas, said 0.3440 acre drainage easement being more particularly described as follows: NOTE: All bearings are referenced to the Northis,esterlj, line oj' the tract herein described, the same being the Northerly line of' the stria' 75.9795 acre Coca-Cola Southii,est Beverages LLC tract, as NORTH5654'34" EAST as recorded in the above referenced Clerk's File No. 2017011079, Ofeial Public Records of Deal Proper!}�, Jefferson County, Texas. All set 518" iron rods set with caps stamped "M.. W. Whiteley & Associates ". BEGINNING at a bolt for the most Northerly corner of the tract herein described, said corner also being the most Northeast corner of the said 75.9795 acre Coca-Cola Southwest Beverages LLC and said corner being the intersection of the Southerly right-of-way line of Broadoak Street (based on a width of 70 feet) and the Southwesterly line of the Santa Fe Railroad (Also known as G.C. & S.F. Railway Company) 100 feet wide right-of-way; THENCE SOUTH 33008'24" EAST, along and with the boundary between the Northeasterly line of the said 75.9795 acre Coca-Cola Southwest Beverages LLC tract and the Southwesterly line of the said Santa Fe Railroad 100 feet wide right-of-way, for a distance of 143.06 feet to a 5/8" iron rod set for corner; THENCE NORTH 88°54'31" WEST, over and across the said 75.9795 acre Coca-Cola Southwest Beverages LLC tract, for a distance of 239.91 feet to a 5/8" iron rod set for corner; THENCE NORTH 01 c'05'29" EAST, continuing over and across the said 75.9795 acre Coca-Cola Southwest Beverages LLC tract, for a distance of 10.00 feet to a 1 1/2" iron pipe found for corner, said corner being an angle point in the North line of the said 75.9795 acre Coca-Cola Southwest Beverages LLC tract and the South right-of-way line of Broadoak Street; THENCE NORTH 56054'34" EAST, along and with the Northerly line of the said 75.9795 acre Coca- Cola Southwest Beverages LLC tract and the Southerly right-of-way line of Broadoak Street, for a distance of 192.72 feet to the POINT OF BEGINNING and containing 0.3440 Acres, more or less. Surveyed on August 17, 2022. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "'). Te4M, Thomas S. Ro e, RPLSNo. 5728...'..............OWE Texas Surveying Firm No.: 10106700Ass.R.. 5�728�W:12022U2-2360\22-2360nzfib.docx ALIRrs JV r0111rrrrY & AVSOCrAITr.=,s, INC. EXHIBIT "B" Site Plan of Easement Areas [attached following this page] 170032/00051/136380600.v5 (01 w R� o r !a6WUp l, (Az' �0zo�d� 4A, LU Kul .gyp► o�� , m w o3 wL. LP . o �� LO oJ �360 � © z¢ O ��°g N Z� m m W (I1 a m o O� W �5 W W �¢ Uo J WJ ` `nano w€r Q�tai��Qsj) W-O ^ U 0 0 Oeq U 3 U 0 Q amZ O Z o us��o o M (n La cao� O � N O LLJ JndIlb �� p 0 Z 6'� Q L.D�- r�� Z UU maw 1p fir. �� `3�i p t¢a m i= n Zto r-ww .•.. q LLI .104. . o00 w M Q� � a F— cn � w "d �o LLJW¢ �~ p ~ cn m a. w o w w IIa p4 LLJ o J 04 IDWes-/' L,a UaZ Ow LLI Uw tV w V1 � ~ BMW rL N I W 30 m r U ' o � a � o O© o �m ¢ w pO Of cS o w z =o A=��4 3'llb3S LL � 0 ` a ``'w� w o =QW o imm�iiuuiiiu�uu °; 2022030516 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS § COUNTY OF JEFFERSON § DRAINAGE EASEMENT THAT, COCA -COLA SOUTHWEST BEVERAGES LLC, a Delaware limited liability company ("Grantor"), for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration paid by the CITY OF BEAUMONT ("Grantee"), a municipal corporation domiciled in Jefferson County, Texas, the receipt and sufficiency of which consideration is hereby acknowledged, does hereby GRANT, BARGAIN and CONVEY, and by these presents do GRANT, BARGAIN and CONVEY unto Grantee, its successors and assigns, drainage easements (collectively, as applicable, "Drainage Easements") on the hereinafter described lands which said easements are under, over, in and across that 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" attached and made a part hereof for all purposes, and being depicted on Exhibit "B" attached and made a part hereof for all purposes (the "Easement Area"). The Drainage Easements herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and removing drainage structures, canals, ditches and appurtenances in the Easement Area (collectively, as applicable, the "Drainage Improvements"), and the following rights are also hereby conveyed: 170032/00051/136380600.v5 It is expressly understood and agreed that Grantee shall have the right of ingress to and egress from the Easement Areas and use of the same for the purposes aforesaid, and giving said Grantee the right and privilege to improve, maintain and operate the Drainage Improvements in the Easement Areas as permitted by applicable law(s). Grantee hereby represents,, covenants and warrants in favor of Grantor, and its successors and assigns, that Grantee shall protect and maintain the Drainage Improvements and Easement Areas, and the adjacent lands of Grantor over which Grantee has rights of ingress and egress, in accordance with proper engineering industry standards, from damage caused, in whole or in part, by acts or omissions of Grantee, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents and in such a manner that the Drainage Improvements and Easement Areas do not overflow and flood adjacent real property under typical weather conditions, and as may be required by applicable law(s). Maintenance of the Drainage Improvements and Easement Areas shall include, but not be limited to, mowing and clearing of vegetation, drainage and erosion control of run-off into and within the confines of the Drainage Improvements and Easement Areas, keeping the Drainage Improvements and Easement Areas clear of obstructions to the free flow of drainage water through the Drainage Improvements and Easement Areas, repairs to erosion protection features, and maintaining the Drainage Improvements and Easement Areas to prevent erosion and washouts of the soil in the Drainage Improvements and Easement Areas. TO HAVE AND TO HOLD the above -described Easement Areas unto the said Grantee, its successors and assigns forever, for the purposes herein stated. [remainder of page intentionally left blank; signature page immediately follows] 170032/00051/136380600.v5 EXECUTED this the - A5 day of August, 2022, GRANTOR: COCA -COLA SOUTHWEST BEVERAGES LLC, a Delaware lim' d liabilt company Title: STATE OF TEXAS COUNTY OF This instruments s acknowledged before me on the Iq� _ day of August, 2022 b , , in his/her capacity as of Y Coca-Cola Southwest Beverages L �C, a Del ware li►nited liability compan , on ehaif of said limited liability company. Notary Public ' and for The State of Texas r<*.Y Lin TERR:23,2023 T Commission Expires: Hotary 118629 a « My Cofnropires �'+ r June 170032/00051/136380600.v5 GRANTEE: CITY OF BE, AUMONT, a municipal corporation By: v — Printed Name: Title STATE OF TEXAS § COUNTY OF JEFFERSON § TPOMZ=, '' lded before me on the day of AFL, 2022, by in his/her capacity as:'J1ill' .[+� & ,�] of City of Beaumont, a municipal corporation, known to me to be the person and of er whost name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. LISA WHITE, Notary Pobiio, Shea of Texas Comm. Expires 02 o3-x026 o arY Public in and for The State of Texas ,,.. Notary IQ 133569137 Commission Expires: RETURN TO: City of Beaumont Antoinette Hardy P, O. Box 3827 Beaumont, TX 77704 170032/00051/136380600.v5 EXIHBTT "A" Legal Description of Easement Areas [attached following this page] 170032/00051/136380600,v5 EXHIBIT "A" Legal Description: 0.3440 Acre Drainage Easement W.B. Dyches Survey, Abstract No. 17 Jefferson County, Texas BEING a 0.3440 acre drainage easement situated in the W.B. Dyches Survey, Abstract No. 17, Jefferson County, Texas and being out of and part of that certain called 75.9795 acre tract of land as described in a "Special Warranty Deed" from Coca-Cola Refreshments USA, Inc. to Coca-Cola Southwest Beverages LLC as recorded in Clerk's File No. 2017011079, Official Public Records of Real Property, Jefferson County, Texas, said 0.3440 acre drainage easement being more particularly described as follows: NOTE: All bearings are referenced to the Northwesterly line of the tract herein described, the same being the Northerly line of the said 75.9795 acre Coca-Cola Southwest Beverages LLC tract, as NORTH 56°54'34"EAST as recorded in the above referenced Clerk's File No. 2017011079, Official Public Records of Real Property, Jefferson County, Texas. All set 518" iron rods set with caps stamped "M.. W. Whiteley & Associates". BEGINNING at a bolt for the most Northerly corner of the tract herein described, said corner also being the most Northeast corner of the said 75.9795 acre Coca-Cola Southwest Beverages LLC and said corner being the intersection of the Southerly right-of-way line of Broadoak Street (based on a width of 70 feet) and the Southwesterly line of the Santa Fe Railroad (Also known as G.C. & S.F. Railway Company) 100 feet wide right- o£ way; THENCE SOUTH 33"08'24" EAST, along and with the boundary between the Northeasterly line of the said 75.9795 acre Coca-Cola Southwest Beverages LLC tract and the Southwesterly line of the said Santa Fe Railroad 100 feet wide right-of-way, for a distance of 143.06 feet to a 5/9" iron rod set for corner; THENCE NORTH 88054'31" WEST, over and across the said 75,9795 acre Coca-Cola Southwest Beverages LLC tract, for a distance of 239.91 feet to a 5/8" iron rod set for corner; THENCE NORTH 0100529" EAST, continuing over and across the said 75.9795 acre Coca-Cola Southwest Beverages LLC tract, for a distance of 10.00 feet to a 1 1/2" iron pipe found for corner, said corner being an angle point in the North line of the said 75.9795 acre Coca-Cola Southwest Beverages LLC tract and the South right-of-way line of Broadoak Street; THENCE NORTH 56a54'34" EAST, along and with the Northerly line of the said 75,9795 acre Coca- Cola Southwest Beverages LLC tract and the Southerly right-of-way line of Broadoak Street, for a distance of 192.72 feet to the POINT OF BEGINNING and containing 0.3440 Acres, more or less. Surveyed on August 17, 2022. This legal description is being submitted along with a plat based on this survey (see EXHIBIT QT F Thomas S. Ro e, RPLS No. 5728 "' THDMASS.RDWE Texas Surveying Firm No.: 10106700 •............ 5l28 W:12022\22-23 60122-2360m&b.d oax juzuls Ir. rr[ll[lil.+ ♦y ­uuvw., --,... EXHIBIT "B" Site Plan of Easement Areas [attached following this page] 170032/00051/136380600.v5 c� d- 0 tV r ,4ti=��� 3'itl9S r� z 0-�N W �N � m 0 WU)zz 'off 19 �� �3�o �E� N 0EALOU c,zdw w cv 0 0 3 L i Lu q t Y z EL a� U � YE(AU3 W C] � - �n V ......... ...._.._ � W O ,.... W J LLI of o rn N ¢3Uo_ Y r LoQ Q f c M d U3 C14 Q e°1i z U m is UqU QL�c.€w N © (2 i [l Lf � �UQ i F- UJ in t,j f�2 V® lay co a oa - W d O a Ld r0w N � O q C) - U1 N a � ¢ til d6 "'O Q Q � Q Q Q z z W oar a "A - z rn Y ,A FILED AND RECORDED FICIRL PUBLIC RECORDS Laurie Le'sster, County Clerk Jefferson County, Texas September 02, 2022 0'I :21:54 PM FELL $54.00 2022030516