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Home My WebLink AboutRES 23-342 8pgs 2023032685 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § WATER LINE EASEMENT THAT, ARFEEN PROPERTIES, a limited partnership, 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, 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 `Basement 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 "Peiuutted Exceptions"). This Easement may be amended or teuuiinated 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 Peiiuitted Exceptions. [Signature Page Follows] {IN TENT!OI`n1A _L;{ k.F, B LAN K] EXECUTED this Cr day of Nue,`� h(-, 2023. GRANTOR: ARFEEN PROPERTIES, LP By: Printed Na4ie: Qamar U. Arfeen Title: General Partner By: c_ f Printed Name: Kelley Arfeen Title: General Partner • [INTENTIONALLY LEFT BLANK] ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the-} day of NVOV'CrY'bel , 2023,by Qamar U. Arfeen as General Partner of Arfeen Properties, LP, on behalf of said limited partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE, thisCVA. day of lif;1t 023. 1 :.(; Karen Carter e e_c4".__4-A.r--- * My Co 8�5/2026Expirea ; V._ � . wNotarryy ID ��J�.�J� 128348055 t Notary Public, State of Texas STATE OF TEXAS § § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the e' day ofNovefrb€., , 2023, by Kelley Lynn Arfeen as General Partner of Arfeen Properties, LP, on behalf of said limited partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day ofNoie rb02023. Karen Carter ; V._ 0..c.A.,,b_ , , t My Cob5/2026Explrea n, Q�� 1 of 2834`0a I Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O. Box 3 827 Beaumont, TX 77704 FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors Telephone(409)813-3410 E-MAIL ADDRESS INFO@FAUSTENG.COM Fax(409)813-3484 5550 Eastex Freeway,Suite 0 Beaumont,Texas 77708 Surveying Firm Registration No.100024-00 Engineering Firm Registration No.4800 EXHIBIT A PAGE 1 OF 2 FIELD NOTE DESCRIPTION FOR A 2,798.19 SQUARE FEET, 10 FEET WIDE EXCLUSIVE WATERLINE EASEMENT OUT OFA 1.13 ACRE TRACT HEZEKIAH WILLIAMS SURVEY,ABSTRACT NO. 56 JEFFERSON COUNTY, TEXAS OCTOBER 25,2023 Being a certain 2,798.19 square feet, 10 feet wide exclusive waterline easement out of a certain 1.13 acre tract conveyed to Afreen Properties, LP, a Texas Limited Partnership as described in Clerk's File No.2022038569 of the Real Property Records of Jefferson County,Texas;said 2,798.19 square feet, 10 feet wide exclusive waterline easement being more particularly described by metes and bounds as follows: (BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983,SOUTH CENTRAL ZONE,AND ARE BASED ON THE NORTH AMERICAN DATUM OF 1983,ADJUSTMENT 2011.) COMMENCING at a 5/8" iron rod found (capped 'Whiteley') at the northeast corner of said 1.13 acre tract, at the southeast corner of a called 1.24 acre tract, conveyed to Roatan Investments, LLC, as described in Clerk's File No. 2023005061 of the Real Property Records of Jefferson County, Texas, and the west line of the remainder of the 209.20 acre Delaware Extension Development tract, as described in Clerk's File No. 2000047669 of the Official Public Records of Jefferson County,Texas. THENCE South 12°18'04" East (called South 12°17'03" East) along said west line of said Delaware Extension Development tract, a distance of 183.55 feet to a point for corner; said point being the POINT OF BEGINNING and the northeast corner of the herein described tract; THENCE South 12°18'04" East (called South 12°17'03" East) along said west line of said Delaware Extension Development tract, a distance of 10.00 feet to a point for the southeast corner of the herein described tract; 22536 WL ESMT PAGE 1 Field Note Description THENCE a curve to the left, having a radius of 3,130.88 feet,a chord bearing of South 75°41'56" West, a chord distance of 218.55 feet, an arc length of 218.59 feet, and a delta of 04°00'01" to a point for an exterior corner in the south line of the herein described tract; THENCE a curve to the left, having a radius of 760.00 feet, a chord bearing of North 20°16'36" West, a chord distance of 50.66 feet, an arc length of 50.67 feet, and a delta of 03°49'11" to a point for an interior corner in the south line of the herein described tract; THENCE South 72°42'16"West, a distance of 10.01 feet to a point in the east line of Valmont Street and being the southwest corner of the herein described tract; THENCE along said east line of Valmont Street, a curve to the left, having a radius of 750.00 feet (called 750.00 feet), a chord bearing of North 22°36'22" West, a chord distance of 10.04 feet, an arc length of 10.04 feet,and a delta of 00°46'02"to a point for the northwest corner of the herein described tract; THENCE North 72°42'16" East, a distance of 20.06 feet to a point for an exterior corner in the north line of the herein described tract; THENCE a curve to the right, having a radius of 770.00 feet, a chord bearing of South 20°58'36" East,a chord distance of 50.88 feet,an arc length of 50.89 feet,and a delta of 03°47'11"to a point for an interior corner in the north line of the herein described tract; THENCE a curve to the right,having a radius of 3,140.89 feet,a chord bearing of North 75°47'11" East, a chord distance of 209.66 feet, an arc length of 209.70 feet, and a delta of 03°49'31" to the POINT OF BEGINNING and containing 2,798.19 square feet of land, more or less. This description and accompanying plat are based on a Land Title Survey completed under the supervision of Richard F. Faust, P.E., Registered Professional Land Surveyor No.4782 on October 25, 2023. tatfi,:31 Richard F. Faust, P.E. HA F.FAU& ► Registered Professional Land Surveyor No. 4782 �:'O9 4782 .y • d?�O, akSUR`... '' 22536 WL ESMT PAGE 2 JOB NO.22536 OWNERSHIP OF DOCUMENTS CURVE CHART- BOUNDARY naO PONAIED AID SE DFAS AND O'ThS I.CVI'QRAIUS 8088'(AS AN I157MAEHT OF / f % RADIUS DELTA WWI}, TANGENT CHORD BEARING a FAUSTTY OF ENGINEERED S TIE/PROPERC AND F'' 5 NOT TO BE USA N WISE OR IM'ART•PR FOUND 312088' 410.43' 22260' 11385' S 7536 35'W 227.55' ANY OMEN FROEOT WIH UT 71E WT7E/I CY AU1NQ67ATIQF Q'FAUST ENGWEEaNG CALLED 312088' - 227.60' - S/53156'W 22255' AFD SURVIVING INC FOUND 750.00' 63323' 8582' 4296' N 2052'40'W 8S 78' IR]4T.1N lI1E511ENS l!G AZOZ3 FAUST Ehgheiq and SLs�)fi¢.he t,ivewwd C2 OF.Na 10230000,11"�'R F2IT o<O>!Y 2M1T MS SEAMY CERTIFIED FOR INNS (`AIIFD 750.00' - 8562' - N 203256'W 8557' �a5,e' 1714RSAC7107 W.Y AID IS NOT I W19' NISE TN,�1H1F11�. 10 AOONTIOVAL INSIINRWS OR SA7S:TX.FNT 7u R I� OWOtS USE SE 7M5 SatLEY FOP ANY E AT 1 (t3EARlVGS 5109W NFREOV ARE 9RrefrITtD 7O INE MEN O p4 BY 01Ff`F PARTIES SHALL BE AT CAPPED Fis' ' 1 TEXAS GTJC7$WA7E 510DM[t'190.7(Spl7H TENIRAL BiOR ONN RISK AND N!<LWIRSISED ZONE AID AVE BASED ON 7NE NORTH AMENICW SURIEKR IS NOT I F3 OVSB E 1D 07HTR5 FOR DATUM OF 19�8.3;AD.1/SDEIVT 2011.) ANY LOSS RESULTING DEREFROIL I N 77t2'16'E \ 20.Oa Naw4 PTO ISilESS U>flO/T TRACT I R-750.00• 1.13 ACRE TRACT c.F A112]7m34acv.IWR (OUFtn�48'0 Z I 2S \ \ 16480 L-5.02' c-toCB-7122.36zz w y S 7Z'42'76'W 10.01' `- \ W N g s — —lii \ R-.3140189' W NERVE TOMS EASiWT nucTl 6+T49 J1' OF. MI Of TaurTer. C2 g R-770.93. 55 O OM S EAM N I i io4B709' I W ',I. O°ACR inF"4 inw JCRPR > 1• boll a R-76000'),_ 13,3'49b',$ 2545 \ 1- 7T4Y11'E `0 l r-2s34' CB-N 2716J8 W m•euvEnos7eAat u!'E5A( .� POW OF ham. 1 ��10'(a�x auAsyzo Cf FrIT�� aawN fo'OEM'MT,m?.-Cr Na amm17141.wn I N Di Rt3130.Q8'� F�T Fat 4'9 f Faun a -t DELA WARE STREET T,09.34 r GAPPED VIMELEY1(100'ROW) C-27a55' C3-S 7541'56"W SCALE: 1"=30' EXHIBIT 'B' CN PAGE 1OF1 4 TO ACCOMPANY DESCRIPTION OF ,,�F- OF i% . ENGINEERING AND SURVEYING,INC. * i �Q` G\S T 4 PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS A 2,798.19 SQUARE FEET ,'0).., w ``09w 4 5550 EASTEX FVVY.STE O • BEAUMONT,TEXAS 77708 (409)813-3410•In7o0feusfeng.com 4 RICHARD F. FAUST ENGINEERING FIRM N0.4800'SURVEYING FIRM NO.10D024-OD PROJECT 10 FEET WIDE D,�Y, y EXCLUSIVE WATERLINE EASEMENT �'�9A�°FfSS\�‘ c 0 raiiii ,,,,, m.® p LOCATION OUT OF ,•�� S RC.0 ' 12.4.4?:) "� DelvvM,eSI A 1.13 ACRE TRACT U RICHARD F. FAUST �,�w5 HEZEKIAH WILLIAMS SURVEY,ABSTRACT NO.56 REI2STERED PROFESSIONAL LAND SURVEYOR NO. 4782 - VICINITY MAP-NTS BEAUMONT,JEFFERSON COUNTY,TEXAS SURVEEEYNNG h7RM REGIS1RA110N NO.D100024-00 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Roxanne Acosta-Hellberg, County Clerk Jefferson County,Texas November 22, 2023 11:29:33 AM FEE: $50.00 2023032685