Loading...
HomeMy WebLinkAboutRES 23-152RESOULTION NO. 23-152 BE IT RESOLVED BY THE CITY, COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, San Antonio Television, LLC, has agreed to convey a one hundred (100') square foot wide exclusive Water Utility Easement to the City of Beaumont. The easement is described as being 100 square feet out of the South one-half of Block 3 (also known as Lot 3) T.H. Langham Subdivision, situated in the City of Beaumont. The easement is for the construction of a new television station located at 6320 Walden Road, 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 San Antonio Television, LLC, 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 23rd day of May, 2023. i 40M0 %its M yor Roy West - s ►;; STATE OF TEXAS COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS: WATER UTILITY EASEMENT THAT, SAN ANTONIO TELEVISION, LLC, a Maryland limited liability 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. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, an Exclusive Water Utility Easement and the exclusive right to construct, alter, and maintain said waterlines and 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 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, and/or removing water lines and appurtenances, and the following rights are also hereby conveyed collectively, the "Easement Rights". 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 "Exhibit A" 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 , 2023. GRANTOR: SAN ANTONIO TELEVISION, LLC a limited liability corporation By: Printed Name: David Bochenek Title: SVP, Chief Accounting, Officer ACKNOWLEDGMENTS STATE OF MARYLAND § COUNTY OF BALTIMORE § This instrument was acknowledged before me on this the day of 2023, by David Bochenelc SVP Chief Accounting Officer of San Antonio Television, LLC, a limited liability corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2023. Notary Public, State of Maryland RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" Legal Description: 100.00 Square Feet Exclusive Water Utility Easement Out of and Part of Block 3 T.H. Langham Subdivision Volume 1, Page 17, Map Records C. Williams Survey, Abstract No. 59 Beaumont, Jefferson County, Texas BEING a 100.00 Square Feet exclusive water utility easement situated in the C. Williams Survey, Abstract No. 59, Jefferson County, Texas and being out of and part of the South one-half of Block 3 (also known as Lot 3) of the T.H, Langham Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 1, Page 17, Map Records, Jefferson County, Texas and being out of and part of that certain called 3.564 acre tract of land as described in a "Special Warranty Deed" from Constantine S. Megas to San Antonio Television, LLC as recorded in Clerk's File No. 2021033170, Official Public Records of Real Property, Jefferson County, Texas, said 100.00 square feet exclusive water utility easement being more particularly described as follows: NOTE: All bearings are referenced to the West line of the above referenced 3.564 acre San Antonio Television, LLC tract as NORTH 00°2226" WEST as recorded in the above referenced Clerk's File No. 2021033170, Official Public Records of Real Property, Jefferson County, Texas. All set 518" iron rods set with caps stamped "Whiteley": COMMENCING at 1" iron rod found for the Northwest coiner of the said 3.564 acre San Antonio Television, LLC tract, said corner being the Southwest corner of that certain tract of land being called the North one-half of Block 3 of the T.H. Langham Subdivision as described in a "Special Warranty Deed" from Ima Jean Hebert, Sharon Hebert Mouton, Margaret Elizabeth Hebert Allen and Carolyn Hebert Droddy to W.A. Hebert, III and wife, Bessie W. Hebert and Clyde D. Hebert and wife, Tedine S. Heber, and Margaret Hebert Callaway as recorded in Volume 2288, Page 342, Deed Records, Jefferson County, Texas and being in the West line of the said Block 3 and the East right-of-way line of Langham Road (unimproved); THENCE SOUTH 00022'26" EAST, along and with the West line of the said Block 3 and the East right-of-way line of Langham Road, the same being the West line of the said 3.564 acre San Antonio Television, LLC tract, for a distance of 457.05 feet to a 1/2" iron rod found for reference in the North line of a 30 feet wide drainage easement as described in a "Right -of -Way Easement" from Ida L. Keith Estate to Jefferson County Drainage District No. 6 as recorded in Volume 894, Page 295, Deed Records, Jefferson County, Texas, the same being the North right-of-way line of Walden Road per the City of Beaumont; THENCE NORTH 89052'45" EAST, along and with the North line of the said 30 feet wide Jefferson County Drainage District No. 6 easement and the North right-of-way line of Walden Road per the City of Beaumont, for a distance of 129.00 feet to a 5/8" iron rod set for the Southwest corner and the POINT OF BEGINNING of the easement herein described; THENCE NORTH 0000715" WEST, over and across the said 3.564 acre San Antonio Television, LLC tract, for a distance of 10.00 feet to a 5/8" iron rod set for corner; EXHIBIT "A" & ASSOCIATES INC. THENCE NORTH 89052'45" EAST, continuing over and across the said 3.564 acre San Antonio Television, LLC tract, for a distance of 10.00 feet to a 5/8" iron rod set for corner; THENCE SOUTH 00007'15" EAST, continuing over and across the said 3.564 acre San Antonio Television, LLC tract, for a distance of 10.00 feet to a 5/8" iron rod set for corner, said corner being in the North line of the said 30 feet wide Jefferson County Drainage District No. 6 easement and the North right-of-way line of Walden Road per the City of Beaumont; THENCE SOUTH 89052'45" WEST, along and with the North line of the said 30 feet wide Jefferson County Drainage District No. 6 easement and the North right-of-way line of Walden Road per the City of Beaumont, for a distance of 10.00 feet to the POINT OF BEGINNING and containing 100.00 Square Feet, more or less. Surveyed on May 3, 2023. This legal description is being submitted along with a plat based on this survey (see EXHIBIT' OF Thomas S. Ro e, RPLS No. 5728 �!Q �'• ••� ..• •-} &ASS. ROWE� Texas Surveying Firm No.: 10106700 "Ti .i••••• y g �,� 6728 "• +9a O+ . WA2033%23-674V3-674m&b. d= • ;E$ $� Q l�ND •SUM EXHIBIT "A" MARK IV WHITELEY & ASSVC/A7CS, INC: BLOCK 4 CALLED 2.500 ACRES ISC PROPERTIES. LLC CF NO. 2004011536 OPRJC CALLED N. 1/2 OF BLOCK 3 OF T.H. LANGHAM SUBDMSION W. A. HEBERT, III, et al FND 1' VOL 2288, PG. 342 I. ROD DRJC (CALL 589'25'401'W 317.98') FND N89'25'4O"E 317.98' a �rv� at. 3 DNIg1DN LG,"pGB1 VOLE �. C o� o 6 CALLED 3.564 ACRES 4..NM "N� n a o SAN ANTONIO TELEVISION, LLC CF NO. 2021033170 ao c�NO �v OPRJC G 9 SET 5/8' IRON ROD W/CAP STAMPED 100.00 SQUARE FEET 'WHITELEY" EXCLUSIVE WATER UTILITY EASEMENT FND 1/2 I. ROD FOR REFERENCE -- FND N89'52'45'E 129.00' L4 FND 0.219 ACRES FND NOO'22'26 W 30.00' IN RIGHT OF WAY c. PBS,�aQc b CALCULATED CORNER FND S89°52'45"W 317.96' UNABLE TO FIND OR (CALL S89'52'45'W 317.96') SET DUE TO CONCRETE PAVEMENT WALDEN ROAD 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: MAY 3, 2023 . R o. 5728 NORTH R.O.W. LINE OF WALDEN ROAD PER THE CITY OF BEAUMONT LFND S89'52'45'W 173.96' 30' DRAINAGE EASEMENT JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 CALCULATED CORNER UNABLE TO FIND OR SET DUE TO CONCRETE PAVEMENT UNE BEARING DISTANCE L1 NOO'07'15'W 10.00' L2 N89'52'45'E 10.00' L3 S00'07'15"E 10.00' 14 S89'S2 45'W 10.00' 0' 25' 50' 100' Scale: 1 "=50' EXHIBIT "B" REFER TO EXHIBIT 'A" FOR .LEGAL DESCRIPTION I N CALLED 1.1238 ACRE A & A ELECTRIC FC NO. 95-9534822 OPRJC FND 1/2- 1. ROD FOR REFERENCE FND SOO'22'17'E 30.00' EXHEIT OF 100.00 SQUARE FEET EXCLUSIVE INATI R UTRM FASEPENT OUT OF AND PART OF BLOCK 3 T.H. LANOHAN SUBI IVISIOII VOLINE 1. PAGE 17, MAP RECORDS C. WNIJAMS SURVEY, ABSTRACT NO. SO IEIUJMONT, JEFFERSON COUNTY, TEXAS W BY:iaii I CK 9Y.M I DPP Mr TM vEk AM 2m2 SCALE: SKM No= a wY s ems 1'=50' 1 1 OF 1 W \2023\23-674 23-674 WWI WHITELEY I INFRASTRUCTURE GROUP TsddrW ra."F. CXIIIL)IL D RESOULTION NO. 23-152 BE IT RESOLVED BY THE CITY, COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, San Antonio Television, ,LLC, has agreed to convey a one Hundred (100) square foot wide exclusive Water Utility Easement to the City of Beaumont. The easement is described as being 100 square feet out of the South one-half of Block 3 (also known as Lot 3) T.H. Langham Subdivision, situated in the City of Beaumont. The easement is for the construction of a new television station located at 6320 Walden Road, 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 San Antonio. Television, LLC, :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 23rd-day of May, 2023. NO— yj - M yor Roy West - 7pgs. 2023014435 CAC STATE OF TEXAS § COUNTY OF. JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: WATER UTILITY EASEMENT THAT, SAN ANTONIO TELEVISION, LLC, a Maryland limited liability 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, an Exclusive Water Utility Easement and the exclusive right to construct,. alter, and maintain, said waterlines and 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 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, and/or removing water lines and appurtenances;'and the following rights are also hereby conveyed collectively, the "Easement Rights". 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 impiove,.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 2023. GRANTOR: SAN ANTONIO TELEVISION, LLC a limited liability corporation By: Printed Name: David Bochenek Title: SVP, Chief Accounting Officer ACKNOWLEDGMENTS STATE OF MARYLAND § COUNTY OF BALTIMORE § This instrument was acknowledged before me on this the �� day of , - 2023,.by David Bochenelc SVP Chief Accounting Officer of San Antonio Television, LL , a limited liability corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 1 8 t`day of. , 2023. Notary P lic, State of Maryland, Rq '� NOTARY PUBLIC _A, ;• s BALTIMORE COUNTY ' y OAY COMMISSION OWES JJAANUARY 20, 2025 �� �.� Q = QI y,,�,�ORE �C�J.••``��� RETURN TO:. City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" Legal Description: 100.00 Square Feet Exclusive Water Utility'Easement Out of and Part of Block 3 T.H. Langham-Subdivision . Volume 1, Page 17, Map. Records C: Williams Survey, Abstract No. 59 Beaumont, Jefferson County, Texas BEING a 100.00 Square Feet exclusive water utility easement situated in the C. Williams Survey, Abstract No. 59, Jefferson County, Texas and being out of and part of the South one-half of Block 3 (also known, as Lot 3) of, the: T.H. Langham Subdivision,. a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 1, Page 17, Map Records, Jefferson County, Texas and being out of and part.of that certain called 3.564 acre tract of -land as described in a "Special Warranty Deed" from Constantine S. Megas to San Antonio Television,: LLC as recorded in Clerk's File No. 2021033170, Official Public Records of Real Property, Jefferson County, Texas, said 100.00 square. feet exclusive. water utility easement. being more particularly described as -follows: NOTE:. All bearings are referenced to the West line -of the above referenced 3.564-acre San Antonio : Television, LLC tract as NORTH 0002226" WEST as recorded in the above referenced Clerk's File No: 2021033170, Official Public Records --of Real Property, ,Jefferson -County, Texas. All. set 518" iron rods- set with caps stamped '►Whiteley" COMMENCING at V iron rod found.for the Northwest corner of the said 3.564 acre San Antonio Television, LLC tract, said corner being the Southwest corner of that certain;tract of land being called the North one-half of Block 3 of the T.H. Langham Subdivision as described in a ".Special Warranty Deed" from Ima Jean Hebert, Sharon Hebert.Mouton; Margaret Elizabeth Hebert Allen and Carolyn Hebert- Droddy to W.A. Hebert, III and 'wife, Bessie W. Hebert and Clyde D. Hebert and wife, Tedine S. Heber, and Margaret Hebert Callaway as recorded in Volume 2288, Page 342, Deed Records, Jefferson County, Texas -and being in the West line of the said Block 3 and the East right-of-way line of Langham Road (unimproved); THENCE .SOUTH 0.0022'26" EAST, along and with the West line of the said Block 3 and the. East right-of-way line of Langham Road, the same being the West line of the said 3.564 acre San Antonio Television, LLC tract, fora distance of-457.05 feet to a 1/2". iron rod found for reference. in the North line of a 30 feet wide drainage easement as described in a "Right -of -Way Easement" from Ida L. Keith Estate to Jefferson County Drainage District No. 6 as recorded in Volume 894; Page 295, Deed Records, Jefferson_ County, Texas, the same being the North right-of-way line of Walden Road per the City of Beaumont; THENCE NORTH 89052'45" EAST, along and with .the North line of the.said 30 feet wide Jefferson - County Drainage District No: -6 easement and the North right-of-way line of Walden Road per the City of Beaumont, for a distance of 129.00 feet to a 5/8" iron rod set for the Southwest corner and the POINT OF BEGINNING of the easement herein described; THENCE NORTH 0000715" WEST, over and across the said 3.564 acre San Antonio Television, LLC tract, -for a distance of 10.00 feet to a 5/8 iron rod set for corner; EXHIBIT "A" WHITELEY& THENCE NORTH 89052'45" EAST, continuing over and across the said 3.564 acre San. Antonio Television,.LLC tract, for a distance of 10.00 feet to a 5/8" iron rod.set for corner; ---THENCE SOUTH 00°07'15" EAST, continuing over and across the said-3.564 acre San Antonio Television, LLC tract, for a distance of 10.00 feet to a 5/8" iron rod set for corner, said corner being in the North line of the said 30 feet wide Jefferson County Drainage District No! 6 easement and the North right-of-way line of Walden Road per the -City of Beaumont; THENCE SOUTH 89052'45" WEST; along and'with, the 'North line of the said 30 feet wide. Jefferson. County -Drainage District No. 6 easement and the North right-of-way line of Walden Road per .the City of Beaumont, for a distance of 10.00 ' feet to the- POINT OF BEGINNING and containing 100.00 Square Feet, more or less. Surveyed on May 3, 2023. This legal description is being submitted along_ with a plat based on this survey (see EXHIBIT' F. rF.. Thomas S. Ro e,.RPLS No. 5728 .. ....................!......„!.... 7HOMAS.S. ROWE •..�� .•............... 60... Texas Surveying Finn No.: 10106700 t'0 6728 ' ; W:V023127 674@3 b74m&b.doex ....88 S %;.!�• Q - ®I EXHIBIT "A" Page 2 d2 MARK IV WHITELEY& ASSOCIATES.INC CALLED N. 1//2 OF BLOCK 3 OF T:H. LANGHAM SUBDIVISION . W. A. HEBERT, III, et 61. FND 1" VOL 2288, PG. 342 (CALL S89'25'401 w 317.98') . 1. ROD DRJC M-N899M E 317.98 e B`o� S�BoMsloH . 0 0 . .1HG ' 1PG .-17 r 0 0 TpL., Cho o S^� O o, B1-�K 4 N� oC top CALLED . 3.564 ACRES cN�:r aNv a SAN ANTONIO TELEVISION, LLC woof5cN N — CF NO. 2021033170 C OPRJC CALLED 2.500.ACRES wQi o CALLED 1.1238 ACRE ISC PROPERTIES. LLC A do A ELECTRIC CF NO. 2004011536 406 •SET 5/8" IRON ROD OPRJC W/CAP STAMPED 100.00 -SQUARE. FEET FC N0. 95-9534822 "WHITELEY* EXCLUSIVE_' WATER OPRJC UTILITY EASEMENT NORTH R.O.W. LINE OF 2' WALDEN ROAD FND 1/2' FND 1 / L2 PER THE CITY OF. BEAUMONT I. ROD FOR I.I. ROD FOR REFERENCE REFERENCE — FND N89'52'45'E 129.00' to FND S89'52'45'W 178.96' FND S00'22'17'E 30,00' : . FND 0.219 ACRES 30' DRAINAGE EASEMENT FND N00'2226'W 30.00' IN RIGHT OF WAY JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 CALCULATED CORNER FND gW5r48"W 317.9W CALCULATED CORNER UNABLE TO FIND OR (CALL S8T52'45'W 317:96') UNABLE TO FIND OR SET DUE TO SET DUE TO.. CONCRETE PAVEMENT -WALDEN ROAD CONCRETE PAVEMENT 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: MAY 3. 2023 OF iH O1W s. Rowe »....:.i.». -'° . ' 6728 THOMAS S. R0. E —REGISTERED PROFESS R No. 5728 LINE BEARING DISTANCE L1 N00'07'15'W 10.00' L2 NBT52'45'E 10.00' L3 .. S00'07'15'E 10.00' L4 S8752 45'W 10.00' 0' 25' .501 100' . Scale: 1 "=50' EXHIBIT "B" , REFER TO EXHIBIT A' FOR .LEGAL DESCRIPTION E NEfr OF 100A0 SQUARE FAT EXCLUSIVE WATERUM11 YEASLaENT OUTOF AND PART OF BLACK 3 T.H. LANGHAM SUBDNIBKIN VOLUTE 1; PAGE17,111W RECORDS Q.WLL1AM8SURVEY,AB5WtACT.NO 30 BEAUMONT,JEFFERSONtOUN1Y,TEXAS Y OR W.RK gC'e1:19t APP ff&7m ,. v�o ma- stir ra oD w 3.� 1':50' 1 OF 1 W W 2023'23-674 4 E]WRIf WHITELEY �� couP A FILED AND RECORDED OFFICIAL PUBLIC RECORDS Roxanne Acosta-Hellberg, County Clerk Jefferson County, Texas May 26, 2023 12:50:05 PM FEE: $46.00 2023014435