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HomeMy WebLinkAboutRES 23-206RESOLUTION NO. 23-206 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Maria Mercado has agreed to convey a ten foot (10') wide Exclusive Sanitary Sewer Easement, said easement being 499.96 square feet, being out of and part of Lot 116, Block 10 of the B.D. Crary Addition, situated in the D. Brown Survey, Abstract No. 5; 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 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 the easement conveyed Maria Mercado, as described in Exhibit "A," and be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of August, 2023. /wIl �0/ Mayor R West - #1 4A�s %1s. 4.1Ii . Lega[ Description: 499.96 Square Peet Exclusive Sanitary Sewer Easement Out of and Part of Lot 116, Blocic 10 B,D. Crary Addition Volume 3, Page 506, Deed Records Beaumont, Jefferson County, Texas BEING a 499,96 square feet exclusive sanitary sewer casement being out of and part of Lot 11 6,Bloch 10 of the B.D, Crary Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 3, Page 506, Deed Records, Jefferson County, Texas, and being out of and pant of the said Lot 116, Block 10 of the B.D, Crary Addition as described in a "General Warranty Deed" fi'orn Raul G. Villegas to Maria Powell as recorded in Clerk's Pile No. 2018044719, Official Public Records of Real Property, Jefferson County, Texas, said 499.96 square feet easement being more particularly described as follows; NOTE All bearings are referenced to the Texas State Plane Coordinate System South Central Zone N,083 (2011). All distances and acreages are sw face, All set 918" iron rods set with caps stamped "Whiteley", COMMCNCING at a 1" square bolt found for the most Southerly corner of the said Lot 116, said corner also b©ing the most Westerly corner of Lot 117, Block 10 of the said B.D. Crary Addition and said corner being in the Northeasterly right-of-way line of Avenue A (based on a width of 60 feet); THENCE NORTH 45147' 12" EAST, along and with the boundary between the said Lots 116 and 117, for a distance of 140,28 feet to a 5/8" iron rod set for the most Southerly corner and POINT OF BEGINNING of the casement herein described; THENCE NORTH 44005'03" WEST, over and across the said Lot 116 and 10 feet perpendicular and parallel to the Northeasterly line of the said Lot 116, for a distance of 50.00 feet to a 5/8" iron rod set for corner, said corner being in the, Northwesterly line of the said Lot 116 and the Southeasterly line of Lot 115, Bloch 10 of the said B.D. Crary Addition; THENCE NORTH 45"47130" EAST, along and with the boundary between the said Lots 115 and 116, for a distance of 10.00 feet to a 5/8" iron rod set for corner, said corner being the common corner of Lots 109, 110, 115 and 116, Blocic 10 of the said D.D. Crary Addition; THENCE SOUTH 44"05103" EAST, along and with the boundary between the said Lots 110 and 116, for a distance of 50.00 feet to a 5/8" iron rod set for corner, said corner being the common corner of Lots 110, 111,116 and 117, Block 10 of.the said B.D. Crary Addition; T11ENCE SOUTH 45"47'12" WEST, along anal with the boundary between the said Lots 116 and 117, for a distance of 10.00 feet to the POINT OF BEGINNING and containing 49 9.9 6 Square Peet, more or less. Surveyed on June 1, 2023. (see EXERBZT "B"). This legal description is being submitted along with a plat based on this survey Thomas S, RmW, RPLS No, 5728 Texas Surveying Firm No,; 10106700 M\2 3 .W\23.824m & b. do cx EXHIBIT "A" IMITI;TSY CALC. CORNER LOT 109 do N. 1/2 OF LOT 110 GERARDO CASTILLO, et, ux, VOL, 2385, PG. 116 DRJC i Von NOA SET 5/8" I. Rm FND S44`05'03"E 50.00' (CALL S41'00'00"E 50.00') 10' EXCLUSIVE SANITARY I SEWER EASEMENT N \30 NN5 CALC.{ CORNER FND 3/4" FND N407'15'V 50,01' I, PIPE (CALL N414OD`00"W 50,00') N. 1/2 OFILOT111 & S. 1/2 OF LOT 110 MARY GARZA CF. NO, 2009017393 OpRJC (CALL S41'00'00"E 50.00') FND 84005'03"E SEf 5/8" 50.00' I I. ROD I \ PbW LOT 112 do S. 1/2 OF LOT 111 0y FRANCISCA VALERA MALENO CF:-N0,-2013027051 ' OPkJC SET 5/8" l I. ROD 499.90 SQ. FT. !111(CALL S41'00 00 E 50,00' b 00') - # 50.00, OB " o� SET 01 . ®�`. 4 ' r� 06o ryQ C"ijp o ¢ Ln M f r . r O Q LOT 116, BLOCK 10 r oc°o z o MIA POWELL OF, NO, 2018044719 t OPRJC z a l01 p0c FND 1" SQUARE BOLT FND N44'07'15"W 50,01' (CALL N41'00'00"W 50,00') LOT 117, BLOCK 10 FELIPE SALGADO, et. ux. or. NO. 2007018064 OPRJC FND 1" SQUARE BOLT FND N44'05'33V 50.03' (CALL NO'00'00"W 50.00') AVENUE A E)tHISIT e1D�' (60' ROW) LINE BEARING DISTANCE REFER TO EXHIBIT "A" L1 N45'47'30"E 1 10.00' FOR LEGAL DESCRIPTION L2 S45'47'12"W 10.00' 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 THE SURVEY, ST DATE SURVEYED., JUNE 1, 202 k ...t,., TH06MASS ROWE.,..,... nc La zz&�'8� b. 2 0 I'mi3 a ik 8.Q;Q) �jq oL'Ui Vol NN$ " FND, 1 SQUARE BOLT FND N44'13'47"W 49,71' (CALL N41'00'00"W 50.00') EXHIBIT OF A 499.96 SQUARE FEET EXCLUSIVE SANITARY SEWER EASEMENT S.D. CRARYADDMON VOL. 3, PG. 506, DRJC BEAUMONT, JEFFERSON COUNTY, TWS •-30' STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § SANITARY SEWER EASEMENT THAT, MARIA GUADALUPE POWELL MERCADO, of the County of Jefferson, State of Texas, hereinafter called "GRANTOR", 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, have GRANTED, SOLD and CONVEYED, and by these presents do 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 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 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 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 Z day of �k1tI 1 2023. GRANTOR: Maria Guadalupe Powell Mercado Signature Printed Name: Maria Mercado {INTENTIONALLY LEFT BLANK} ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Maria Mercado for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,:this .70� day of 52023. [Jk lmm-- Notary Pu 1 , State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. 0. Box 3827 Beaumont, TX 77704 Legal Description: 499.96 Square Feet Exclusive Sanitary Sewer Easement Out of and Part of Lot 116, Block 10 B.D. Crary Addition Volume 3, Page 506, Deed Records Beaumont, Jefferson County, Texas BEING a 499.96 square feet exclusive sanitary sewer easement being out of and part of Lot 116, Block 10 of the B.D. Crary Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 3, Page 506, Deed Records, Jefferson County, Texas, and being out of and part of the said Lot 116, Block 10 of the B.D. Crary Addition as described in a "General Warranty Deed" from Raul G. Villegas to Maria Powell as recorded in Clerk's File No. 2018044719, Official Public Records of Real Property, Jefferson County, Texas, said 499.96 square feet 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 518" iron rods set with caps stamped "Whiteley". COMMENCING at a V square bolt found for the most Southerly corner of the said Lot 116, said corner also being the most Westerly corner of Lot 117, Block 10 of the said B.D. Crary Addition and said corner being in the Northeasterly right-of-way line of Avenue A (based on a width of 60 feet); THENCE NORTH 4504Tl2" EAST, along and with the boundary between the said Lots 116 and 117, for a distance of 140.28 feet to a 5/8" iron rod set for the most Southerly corner and POINT OF BEGINNING of the easement herein described; THENCE NORTH 44005'03" WEST, over and across the said Lot 116 and 10 feet perpendicular and parallel to the Northeasterly line of the said Lot 116, for a distance of 50.00 feet to a 5/8" iron rod set for corner, said corner being in the Northwesterly line of the said Lot 116 and the Southeasterly line of Lot 115, Block 10 of the said B.D. Crary Addition; THENCE NORTH 4504730" EAST, along and withthe boundary between the said Lots 115 and 116, for a distance of 10.00 feet to a 5/8" iron rod set for corner, said corner being the common corner of Lots 109, 110, 115 and 116, Block 10 of the said B.D. Crary Addition; THENCE SOUTH 44005'03" EAST, along and with the boundary between the said Lots 110 and 116, for a distance of 50.00 feet to a 5/8" iron rod set for comer, said corner being the common corner of Lots 110, 111, 116 and 117, Block 10 of the said B.D. Crary Addition; THENCE SOUTH 45047'l2" WEST, along and with the boundary between the said Lots 116 and 117, for a distance of 10.00 feet to the POINT OF BEGINNING and containing 499.96 Square Feet, more or less. Surveyed on June 1, 2023 (see EXHIBIT "B"). This legal description is being submitted along with a plat based on this survey Thomas S. Ro4f, RPLS No. 5728 Texas Surveying Firm No.: 10106700 W A23-829\23-829m&b.docx o�STS Q� THOMAS S. ROWE .................. 4.....5728 .9 lqy,*�s.....vpQ� �o SURVEI� EXHIBIT "A" wnnrscRr]MIKAYMUC UREvRuuP LOT 109 do N. 1 /2 OF LOT 110 GERARDO CASTILLO, et. ux. VOL. 2385, PG. 116 DRJC VON 09 CALC. SET 5/8"I CORNER I. ROI- FND S44 05'03"E 50.00' (CALL S41'00'00"E 50.00') U 10'EXCLUSIVE SANITARY I SEWER EASEMENT o� O M O O toLo U v CALC.. CORNER FND 3/4" FND N44'07'15"W 50.01' I. PIPE (CALL N41'00'00"W 50.00') N. 1 /2 S. 1/2 MAR CF. NO. LO- (CALL S41'00'00"E 50.00') FND S44°05'03"E i OF LOT 111 do OF LOT 110 Y GARZA 2009017393 OPRJC 499.96 SQ. FT. 21 J SET 5/8" I I. ROD I �� LOT 112 do S. S. 1 /2 OF LOT 111 r FRANCISCA VALERA MALENO CF. NO. 2013027051 0. OPRJC L ! SET 5/8" I I. ROD FND S44'05'03"E 50.00' BALL S41'00'00"E 50.00') 50.00, POB -/ SET 5/8" el� 00* I. ROD ec- oO LOT 116, BLOCK 10 MARIA POWELL CF. NO. 2018044719 OPRJC POC FND 1" SQUARE BOLT coo N O O O N pp O W � O � � d ZZ Z FND N44'07'15'W 50.01' (CALL N41'00'00"W 50.00') AVENUE A EXHIBIT "B" (60' ROW) REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION \-O'\ 01 LOT 117, BLOCK 10 FELIPE SALGADO, et. ux. CF. NO. 2007018064 OPRJC �=-gc a��o" -Ts'-MP: N oi a. ^ Z2ow CL N1 W K Q.QZ2� �N no oLni4iac o `O�2 4J 0 j�W�j1 �i pp be F to FOW o41-VNW O 9 Ln(n; orz LE v yI?�io�cc�i cw, Z9 p y0oW � 09�im L o z p �it�z REM, Ogjj2�NU�N�� N Vol NN8 FND 1" FND 1" SQUARE BOLT SQUARE BOLT FND N44'05'33W 50.03' FND N44'13'47"W 49.71' (CALL N41'00'00"W 50.00') (CALL N41'00'00"W 50.00') LINE BEARING I DISTANCE L1 N4547'30"E 1 10.00' L2 S45'47' 12"W 1 10.00' TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I, THOMAS S. ROWE 00 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 ' SURVEY. 4%0T 9F'rgd' DATE SURVEYED: JUNE 1, 202. 5, ....:........................... THOMAS S. ROWE ..t. ......� .9 •.5728• .,•.O� _ . O�'_ EXHIBIT OF A 499.96 SQUARE FEET EXCLUSIVE SANITARY SEWER EASEMENT B.D. CRARY ADDITION VOL. 3, PG. 506, DRJC BEAUMONT, JEFFERSON COUNTY, TEXAS No.: OF 1 J 23\ 2 3— 8 22 3— 8 2 9�3-849..EXfAB829..Mg WHITELEY FILED AND RECORDED OFFICIAL PUBLIC RECORDS Roxanne Acosta-Hellberg, County Clerk Jefferson County, Texas August 16, 2023 12:38:08 F M FEE: $42.00 2023022878