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HomeMy WebLinkAboutRES 23-042RESOULTION NO. 23-042 BE IT RESOLVED BY THE CITY, COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, ,Roman Catholic Diocese of Beaumont has agreed to convey a ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.1620-acre tract of land out of the D. Easley League, Abstract No. 20. The easement is for the -construction of a youth camp located at 10730 North Major Drive, the agreement is substantially in the form attached hereto as Exhibits "A," and "B;" respectively, and made a part hereof for all purposes; and, WHEREAS, the City Council has considered the purchase of said easement and is of the opinion that the purchase of said easement is necessary and desirable and that same should be accepted.. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT said above -described easement purchased from Roman Catholic: Diocese. of Beaumont be and the same is hereby, in all things accepted. 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 31st day of January, 2023. Q��� ,.• 1. - Mayor Robin Mouton- STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § WATER LINE EASEMENT THAT, HIS EXCELLECNY, THE MOST REVEREND DAVID L. TOUPS, BISHOP OF THE ROMAN CATHOLIC DIOCESE . OF BEAUMONT, AND HIS SUCCESSORS IN OFFICE, 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 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, water line easement (the "Easement") to construct, alter, and maintain waterlines 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 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 Exhibit "A" 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] EXECUTED this day of , 2023. GRANTOR: ROMAN CATHOLIC DIOCESE OF BEAUMONT By: Printed Name: Most Reverend David.L. Toups Title: His Excellency, Bishop Exe).�a16WILvi0- seiTlaeII STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the 'day of January, 2023, by His Excellency Most Reverend David L. Toups, Bishop of the Roman Catholic Diocese of Beaumont. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 day of January, 2023. Notary Public, State of Texas EXHIBIT "A" Legal Description: 10 Feet Wide Exclusive Water Line Easement Daniel Easley League, Abstract No. 20 Beaumont, Jefferson County, Texas BEING a centerline description of a 10 feet wide exclusive water line easement situated in the Daniel Easley League, Abstract No. 20, Jefferson County, Texas and being out of and part of that certain called 47.71 acre tract of land as described in a "General Warranty Deed" from C.A.- Kohler to His Excellency, The Most Reverend Bernard J. Ganter, Bishop of Beaumont, and His Successors in Office, as recorded in Film Code No. 101-57-0571, Official Public Records of Real Property, Jefferson County, Texas and being out and part of that certain called 13.227 acre tract, identified as TRACT I, as described in a "Gift Deed" from Eugene A. Byrne to Curtis L Guillory; Bishop of the Roman Catholic Diocese of Beaumont and His Successors in Office as recorded in Clerk's File No. 2000030920, Official Public Records of Real Property, Jefferson County, Texas, said centerline 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. COAVAENCING at a 5/8" iron - rod with a cap stamped "WORTECH" . found for the most Northwest corner of the said 13.227 acre Bishop Curtis J. Guillory tract and being the intersection of the Northeasterly right-of-way line of F.M. Highway 364 (also known as Major Drive) (based on a width of 120 feet) and the Southeasterly right-of-way line of Tram Road; THENCE NORTH 63045'20" EAST, along and with the Southeasterly right-of-way line of Tram Road and the Northwesterly line of the said 13.227 acre Bishop Curtis J. Guillory tract, for a distance of 324.69 feet to the POINT OF BEGINNING of the centerline herein described; THENCE SOUTH 32047'47" EAST, over and across the said 13.227 acre Bishop Curtis J. Guillory tract, for a distance of 197.50 feet to a point for corner, said corner being the.beginning of a curve turning to the right having a radius of 400.00 feet and being subtended by a chord bearing SOUTH 13°05'01" EAST having a chord length of 269.84 feet; THENCE SOUTHERLY, along and with said curve and over and across the said 47.71 acre Bishop Bernard J. Ganter tract, for an arc length of 275.24 feet to a point for corner; THENCE SOUTH 06037'44" WEST, continuing over and across the said 47.71 acre Bishop Bernard J. Ganter tract, for a distance of 79.39 feet to a point for corner; EXHIBIT "A" LLC THENCE SOUTH 5203731" WEST, _ continuing over and across the said 47.71 acre Bishop Bernard I Ganter tract, for a distance of 153.63 feet to the TOINT OF TERMINATION of the centerline herein descried, said point being in.the Northeasterly right-of-way line of F.M. Highway .364 and from said point a 5/8" iron rod found for. the Southwest corner of the said 47.71 acre Bishop Bernard I Ganter tract bears SOUTH 32057'18" EAST a distance of 340.92 feet. Surveyed on October 31, 2022. This legal description is being submitted along with a plat based on this survey. 0111 's ....:........ .................... :... Thomas S. R e, RPLS No. 5728 IMOMASS.ROWE ............5728 ........,.«.. Texas Surveying Firm No. 10106700 .'90FE.s SXo��' SUf4V* WA2022122-2218 Watedine Eemment m&b.docx EXHIBIT "A" Page 2 of 2 WH/7ELEY UL/VCK, LLC 1.NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TITLE. 0' 50' 100, 200' 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN THE COURSE OF HIS 'PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE Scale: 1 "=100' REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF.PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED. 3. ALL BEARINGS ARE REFERENCED TO THE TEXAS STATE PLANE . COORDINATE SYSTEM SOUTI , / CENTRAL ZONE NAD83(2011). ALL DISTANCES AND ACREAGES ARE SURFACE. ss POB oP� SS/ �w / 10' UTILITY EASEMENT GULF STATES UTILITIES COMPANY VOL 790 PG 60 ss FND 5/8' I. ROD W/CAP STAMPED / s 261, / P O v 'wORTECH / ss / 20' UTILITY EASEMENT \` °TRACT 1' \_ CITY OF BEAUMONT ss oN� VOL 1769, PG. 380 FND. CONC. DRJC MON. (BROKEN) — _ — — _ORIGINAL TRACT •LINE• —. FND N27'OB'05'W .. —FND 3/4' 41.11' I. ROD (CALL N23'39'00'W 41.22') AT&T \�-UTILITY FND N40'28'56'W. r •�\ BOX CL 10' EXCLUSIVE WATER 12.06'o LINE EASEMENT (CONTAINS 0.1620 ACRE) sep. tr g \rND MOD. TXDOT CONC. `'O•'ify�jj (LEANING) 18 LEGEND 0 POWER POLE . 20' UTILITY EASEMENT ©- TELEPHONE PEDESTAL CI1Y OBEAUMONT � ® WATER .VALVE VOL 1772; PG. 32 C GUY ANCHOR DRJC — OHE— OVERHEAD ELECTRIC a - • — • - ORIGINAL TRACT LINE 'sd+ L11 O TO THE OWNERS OF THE -PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: J I, THOMAS S_ M DO HEREBY CERTIFY THAT THIS. SURVEY WAS THIS DAY R 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: OCTOBER 31, 2022OF T mT_j DRJC CALLED 13.227 ACRES "TRACT .1' BISHOP CURTIS 'J. GUILLORY CF NO. 2000030920 OPRJC C;� Do�ec�oo� V �I CALLED 47.71 ACRES BISHOP BERNARD J. GAMER FC NO. 101-57-0571 OPRJC ►I EXHIBIT "B" REFER TO EXHIBIT "A". FOR LEGAL DESCRIPTION 'LINE BEARING DISTANCE" L1 - S32'47.47'E- 197.50' L2 S06'37'44 W 79.39' L3 4;52'37 o� EXHIBIT OF \ 10 FEET WIDE_ EXCLUSIVE WATER LINE EASEMENT s DANIEL EASLEY LEAGUE �\ ABSTRACT NO.20 F BEAUMONT JEFFERSON'COUNTY. TEXA1 am uw. 7, 2= 1"--100'1 1 OF 1 FND 5/8- ijl4t-ale ors1' aM W aud49aox 22 22ILM 1. ROD 'tNW.HITELEY+0..WEl �YiplYCW� 1 OI►TA� 1 �D �EIYICi7 Exhibit "B" 7 p9s 2023003198 EAS STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, THE MOST REVEREND DAVID L. TOUPS, BISHOP OF THE DIOCESE OF BEAUMONT, AND HIS SUCCESSORS IN OFFICE, 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, water line easement (the "Easement") to construct, alter, and maintain waterlines 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 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] EXECUTED this 2� day o l c'--o— , 2023. GRANTOR: DIOCES AUM By: Printed Name: CEP Re e nd avid L. Tou s Title: Bishop of Diocese of Beaumont ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on this the ��day of January, 2023, by the Most Reverend David L. Toups, Bishop of the Diocese of Beaumont. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this � �-"-iay of January, 2023. HEATHER RIPLEY Notary Public, State of Texas Comm. Expires 08-17-2025 Notary ID 126929154 RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" Legal Description: 10 Feet Wide Exclusive Water Line Easement Daniel Easley League, Abstract No. 20 Beaumont, Jefferson County, Texas BEING a centerline description of a 10 feet wide exclusive water line easement situated in the Daniel Easley League, Abstract No. 20, Jefferson County, Texas and being out of and part of that certain called 47.71 acre tract of land as described in a "General Warranty Deed" from C.A. Kohler to His Excellency, The Most Reverend Bernard J. Ganter, Bishop of Beaumont, and His Successors in Office, as recorded in Film Code No. 101-57-0571, Official Public Records of Real Property, Jefferson County, Texas and being out and part of that certain called 13.227 acre tract, identified as TRACT I, as described in a "Gift Deed" from Eugene A. Byrne to Curtis J. Guillory, Bishop of the Roman Catholic Diocese of Beaumont and His Successors in Office as recorded in Clerk's File No. 2000030920, Official Public Records of Real Property, Jefferson County, Texas, said centerline 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. COMMENCING at a 5/8" iron rod with a cap stamped "WORTECH" found for the most Northwest corner of the said 13.227 acre Bishop Curtis J. Guillory tract and being the intersection of the Northeasterly right-of-way line of F.M. Highway 364 (also known as Major Drive) (based on a width of 120 feet) and the Southeasterly right-of-way line of Tram Road; THENCE NORTH 63045'20" EAST, along and with the Southeasterly right-of-way line of Tram Road and the Northwesterly line of the said 13.227 acre Bishop Curtis J. Guillory tract, for a distance of 324.69 feet to the POINT OF BEGINNING of the centerline herein described; THENCE SOUTH 3204747" EAST, over and across the said 13.227 acre Bishop Curtis J. Guillory tract, for a distance of 197.50 feet to a point for corner, said corner being the beginning of a. curve turning to the right having a radius of 400.00 feet and -being subtended by a chord bearing SOUTH 13105101" EAST having a chord length of 269.84 feet; THENCE SOUTHERLY, along and with said curve and over and across the said 47.71 acre Bishop Bernard J. Ganter tract, for an arc length of 275.24 feet to a point for corner; THENCE SOUTH 0603744" WEST, continuing over and across the said 47.71 acre Bishop Bernard J. Ganter tract, for a distance of 79.39 feet to a point for corner; EXHIBIT "A" UW1TF_! F_V nL1VFR. THENCE SOUTH 52037'31" WEST, continuing over and across the said 47.71 acre Bishop Bernard J. Ganter tract, for a distance of 153.63 feet to the POINT OF TEMMI ATION of the centerline herein descried, said point being in the Northeasterly right-of-way line of F.M. Highway 364 and from said point a 5/8" iron rod found for the Southwest corner of the said 47.71 acre Bishop Bernard J. Ganter tract bears SOUTH 32°57'18" EAST a distance of 340.92 feet. Surveyed on October 31, on this survey. , Thomas S. This legal description is being submitted along with a plat based Texas Surveying Firm No. 10106700 WA2022122 221b Waterline Ceesemenl and b.docx EXHIBIT "A" 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TITLE. 0' 50, 100' 200' 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN THE . COURSE OF HIS PERFORMING THE .SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE Scale: 1 "=100' REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS, AS SUCH, IT CONSTRUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED. 3. ALL BEARINGS ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM SOUTqS / CENTRAL ZONE NAD83(2011). ALL DISTANCES AND ACREAGES ARE SURFACE. oPv POB SS / IVA SSSS / FND 5/8" I. ROD ssO�OgZ W/CAP STAMPED / 52 / "WORTECH" SS / S1-1-00 SS / 20' UTILITY EASEMENT 'TRACT 1' CITY OF BEAUMONT t \\ FND. CONC. VOL. 1769. PG. 380 DRJC MON. (BROKEN) OR TRACT .LINE, _ _ _ FND N27'OB'05'W FND 3/4' 41.11' I. ROD ;CALL N23'39'00"W 41.22') \o \AT&T UTILITY FND N40'28'56"'N r \ BOX \ q 10' EXCLUSIVE WATER LINE EASEMENT 12.06'o NAL 3' sue. u`A \FND. TXDOT CONIC. r yL y MON. `'o• °I� �i (LEANING) LEGEND 20' UTILITY EASEMENT 0 POWER POLE "TRACT 1' ® TELEPHONE PEDESTAL CITY OF BEAUMONT rSe"�a e WATER VALVE VOL. 1772, PG. 32 c GUY ANCHOR DRJC — aNE— OVERHEAD ELECTRIC c — • — • — ORIGINAL TRACT LINE \ POT s o v' - TO THE OWNERS OF THE PREMISES SURVEYED `A�r°� AS OF THE DATE OF THE SURVEY: `AJ 1, THOMAS L-EM 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: OCTOBER 31, 2022 _e AF 7'e._ 10' UTILITY EASEMENT .F STATES UTILITIES COMPANY VOL. 790, PG. 60 DRJC CALLED 13.227 ACRES "TRACT I" BISHOP CURTIS J. GUILLORY CF NO. 2000030920 OPRJC v CALLED 47.71 ACRES BISHOP BERNARD J. GAMER FC NO. 101-57-0571 OPRJC EXHIBIT "W' REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION LINE BEARING DISTANCE L1 S32'47'4YE 197.50 L2 S06'37'44'W 79.39 13 S52'37 31 153.63 EXHIBIT OF \ 10 FEET WIDE EXCLUSIVE di% WATER LINE EASEMENT DANIEL EASLEY LEAGUE �\ ABSTRACT NO. 20 BEAUMONT \ JEFFERSON COUNTY, TEXAS. FND I. 'OLIVER� FILED AND RECORDED OFFICIAL PUBLIC RECORDS Roxanne Acosta-Hellberg, County Clerk Jefferson County, Texas February 07, 2023 11:38:17 AM FEE: $46.00 2023003198