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HomeMy WebLinkAboutRES 82-351 R E S O L U T I O N WHEREAS, John Dollinger, Jr. , Inc. , has tendered a 1 . 1956 acre easement out of the Thomas Spear League to the City of Beaumont for utility purposes in the City of Beaumont, Jefferson County, Texas as described in Exhibit "A" attached hereto and made a part hereof; and, WHEREAS, the City Council has considered the purposes of said easement and is of the opinion that the acceptance of said easement for utility purposes 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 said easement tendered by the above named to the City of Beaumont, and the same is hereby , in all things accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of / l9 . - Mayor - PUBLIC UTILITY EASEMENT THE STATE OF TEXAS X COUNTY OF JEFFERSON x KNOW ALL 'MEN BY THESE PRESENTS: THAT, JOHN DOLLINGER, JR,, , INC. , a Texas corporation, with its principal place of business in Beaumont, Jefferson County, Texas, hereinafter called 'Grantor" , for and in con- sideration of the sum of TEN ($10 , 00) DOLLARS, 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 and CONVEYED, and by these presents does GRANT and CONVEY unto the CITY OF BEAUMONT, Jefferson County, Texas, its successors and assigns, a right, privilege, and easement in, under and across that certain tract or parcel of land owned by Grantor situated in city of Beaumontf Jefferson County, Texas, said easement and the tract or parcel of land out of which said easement is conveyed being more part- icularly described as follows: BEING a 1, 1956 acre tract of land out of the Thomas Spear League, Abstract No, 50, in Beaumont Jeffer- son County, Texas. ALL THAT CERTAIN tract or parcel of land being out of that 49. 88 acre tract of land referred to as the First tract, described in Deed from the Cloud Lumber Company to John Dollinger, Jr. , Inc. , dated December 31, 1956, and recorded in Volume 1052 , Page 46 of the Deed Records of Jefferson County, Texas and out of the abandoned Texas and New Orleans Railroad one hundred foot X100 ') right of way; BEGINNING at a C. A. Kohler concrete monument for the northwest corner of the herein described tract, said corner being the southwest corner of Lot 1, Block 4 , of Woodland Estates Subdivision , plat of which appears in Volume 11, Page 64 of the Map Records of Jefferson County, Texas, and also being the point of intersection of the centerline of the abandoned T. & N.O. Railroad right of way with the easterly line of Haywood Drive, a sixty foot (60 ' ) wide street right of way; THENCE with the south line of Block 4 , Woodland Estates Subdivision, and the most northerly line of the here- in described tract, North eighty-nine degrees six minutes fifty-eight seconds East (N 890 06 ' 58" E) 2;i;TRTT " An (bearing appears as N *380 32 ' 47" E on recorded plat) for a distance of one thousand one hundred twenty-five and forty-eight hundredths feet (1125. 481 ) to the southeast corner of Lot 13 , Block 4 , Woodland Estates, said corner being lo- cated in the west line of an existing, forty foot (401 ) wide drainage easement and the west line of Lot 1, Block. 1 of Woodlands Unit I, plat of which appears in Volume 13 , Page 2 of the Mlap Records of Jefferson County, Texas; THENCE with the west line of said drainage easement and the west line of Lot 1, Block 1, t-?oodlands Unit I , South zero degrees twenty-eight minutes twenty-four seconds East (S 000 28 ' 24" E) for a distance of forty-two and fifty-nine hundredths feet (42. 541 ) to the southwest corner of Lot 1 , Block 1: THENCE with the most southerly line of Block 1, Woodlands Unit I, North eighty-nine degrees nine- teen minutes fifty-five seconds East (;`I 890 19 ' 55" E) - at one thousand seventeen and eighty-nine hund- redths feet (1017. 891 ) pass the southeast corner of Lot 12 , Block 1, Woodlands Unit I , said corner being the southwest corner of a one (1) acre lease by Rosedale Services, Inc. as recorded in Volume 1630, Paae 244 of the Deed Records of Jefferson County, continuing along said course for a total distance of one thousand four hundred fifty-three and forty-nine hundredths feet (1453 , 49 ' ) to the northeast corner of the herein described easement, said corner also being the southeast corner of the Rosedale Services, Inc. lease and located in the west line of Comstock Road; THENCE with the west line of Comstock Road and the most easterly line of the herein described tract, South four dea_ rees forty minutes twenty-four seconds East (S 040 40 ' 24" E) for a distance of twenty and five hundredths feet (20. 05 ' ) to a point for corner; THENCE with the most southerly line of the herein described tract, South eighty-nine degrees nine- teen minutes fifty-five seconds West (S 890 19 ' 55" `T) for a distance of one thousand four hundred _forty-eight and ninety-four hundredths feet (1448 . 94 ' ) to a point for corner; THENCE North forty-five degrees fifty-three minutes two seconds West (N 450 53 ' 02" W) for a distance of sixty and twenty-six hundredths feet (60. 26 ') to a point for corner; THENCE with the most northerly south line of the herein described tract, South eighty-nine degrees six minutes fifty-eight seconds I-Test (S 890 06 ' 58" W) for a distance of one thousand seventy-one and sixty-five hundredths feet (1071. 651 ) to a point for corner in the centerline of the abandoned T. & N.O. Railroad right of way (the southwesterly line of the Dollinger property) ; THENCE with the centerline of said abandoned rail- road right of way and the,,most westerly line of the herein described easement, North forty decrees fifty-four minutes nineteen seconds West (N 400 54 ' 19" W) for a distance of twenty-six and twelve hun- dredths feet (26.120 to the PLACE OF BEGINNING. CONTAINING IN AREA 1. 1956 acres of land, more or less. (52 , 082 square feet. ) And a temporary construction easement that shall be twenty C20F ) feet in width and be parallel to and south of the permanent easement and shall expire and no longer be a part of this document upon the successful completion of the project. The easement herein granted shall be used for the pur- pose of placing, constructing, operating, repai,r, ng, re- building, replacing, relocating, and removing underground utilities , and the following rights are also hereby conveyed: It is expressly understood and agreed that the City shall have the right of ingress to and egress from the above described tract of land of the Grantor as well as the sur- face of the above described easement for • the aforesaid pur- poses of this easement. TO HAVE AND TO HOLD the above described easement unto the said CITY OF BEAUMONT, Jefferson County, Texas, its successors and assigns forever. EXECUTED this rW day of ,,S'FpTE�Tt9�ie r 1982 , JOHN DOLLINGER, JR, , INC, By THE STATE OF TEXAS COUNTY OF JEFFERSON Before me, the undersigned authority, on this day personally appeared C. R. DOLLINGER, JR., PRESIDENT , Of JOHN DOLLINGER, JR. , INC . , a corporation known to me .to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he exe- cuted the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 14TH day of SEPTEMBER A. D. 1982. Notary Public inLpd for CEL I MA M. SINGLETON Jefferson County, Texas, Printed or-,stamped name My COT-mission Expires: of notary OCTOBER 24, 1983