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Home My WebLink AboutRES 82-405 R E S O L U T I O N WHEREAS, Delaware Office Plaza and Terra Co. have tendered easements to the City of Beaumont, Jefferson County, Texas, for utility purposes as described in Exhibit "A" and "B" , respectively , attached hereto and made a part hereof; and, WHEREAS, the City Council has considered the purposes of said easements and is of the opinion that the acceptance of said easements 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 easements tendered by the above named to the City of Beaumont, and the same are hereby, in all things accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day ofLi 19 } - Mayor - PUBLIC UTILITY EASEMENT THE STATE OF TEXAS I I KNOW ALL MEN BY THESE PRESENTS : COUNTY OF JEFFERSON That Delaware Office Plaza, a joint venture of American Real Estate Corporation, Litwood, Inc. and VALA CO. , all Texas corporations, hereinafter called Grantor, in consider- ation of TEN DOLLARS ($10. 00 ) and other good and valuable consideration paid by the City of Beaumont, Texas, herein- after called Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL, BARGAIN, TRANSFER and CONVEY unto said Grantee, a perpetual easement with the right to erect, construct, install , lay and there- after use, operate, inspect, repair , maintain, replace and/or remove a water line in, over and across the tracts of land described in Exhibit A hereto. The consideration recited herein shall constitute payment in full for all damages sustained by Grantor by reason of the installation of the structures referred to herein, and the Grantee shall maintain such easements in a good state of repair and efficiency so that no unreasonable damage to Grantor ' s premises will result from its use. This agreement, together with other provisions of this grant, shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns. The Grantor covenants that it is the owner of the above des- cribed lands and that said lands are free and clear of all encumbrance and liens, except the lien held by InterFirst Bank Beaumont. InterFirst Bank Beaumont joins in the execu- tion of this easement to evidence its consent to this grant. IN WITNESS WHEREOF, said Grantor has executed this easement this 't` i day of September , 1982. DELAWARE OFFICE PLAZA By : LITWOOD, INC. By W. T. Little, Pre i-dent Venture Manager P2= ; InterFirst Bank Beaumont hereby joins in the execution of this easement solely to evidence its consent to this grant. INTERFIRST BANK BEAUMONT Don ioban, Vice President ATTEST : Assi taut C shier THE STATE OF TEXAS COUNTY OF JEFFERSON This instrument is executed by W. T. LITTLE on this day of 1982 , as the act and deed of LITWOOD, INC. , as Venture Manager of DELAWARE OFFICE PLAZA. Notary Public, State of�-T*as My Commission expires : L-=3j+-,j CHARLOTTE STIRLING, Notary Public, for the State of Texas. My Commission Expires_.-1/._.i) THE STATE OF TEXAS COUNTY OF JEFFERSON This instrument is executed by DON CIOBAN on this Ja.I day of Q( ,be,?-, 1982, as the act and deed of INTERFIRST BANK BEAUMO T. 1 vi f Notary Public, State Texas My Commission expires :Q- /-5 — CHAkLC;TTE STIRLING, Not'ry Pubic, for the Slat; ..1 Tea s_ / � _ My Commissicn Exp.res__1,.._�L. s EXHIBIT A' FIELD NOTE DESCRIPTION FOR THE 10 FOOT WATER LINE EASEMENT FOR DELAWARE OFFICE PLAZA CONDOMINIUMS. BEING a 10 foot wide water line easement across a certain 7. 00 acre tract of land in Beaumont, Jefferson County, Texas and said 7 . 00 acre tract of land being all of Lot 3 and part of Lot 8, Block 2 of the French Subdivision, according to the plat thereof recorded in Vol . 3, Page 227-228 of the Map Records of Jefferson County, Texas, and said 10 foot wide water line easement being 5 feet on each side of the follow- ing described centerlines : WATER LINE NO. 1 COMMENCING at a 5/8 inch iron rod placed in the North right- of-way line of Delaware Street ( 60 foot right-of-way) at the Southeast corner of Lot 7 of said Block 2 and the Southwest corner of Lot 8 of said Block 2 ; THENCE South 89 degrees 59 minutes 35 seconds East along the North right-of-way line of said Delaware Street and along the South line of said Lot 8 a distance of 197 . 68 feet to the centerline of said 10 foot water line easement, where said easement enters the 7 . 00 acre tract of land known as Delaware Office Plaza; THENCE North parallel to and 5 feet West of the East line of said 7 . 00 acre tract of land a distance of 21 feet to the beginning of Branch Line No. 1 ( fire hydrant) ; THENCE continuing North a distance of 139 feet to the begin- ning of Branch Line No. 2 (2 inch PVC service line) ; THENCE continuing North a distance of 340. 0 feet to an angle point; THENCE North 22 degrees 30 minutes West a distance of 27 . 91 feet to an angle point; THENCE North 46 . 09 feet to the beginning of Water Line No. 2 ( 6 inch AC water line ) ; THENCE continuing North 123 . 0 feet to the beginning of Branch Line No. 3 ( 2 inch PVC service line ) ; THENCE continuing North 165 . 7 feet to the South right-of-way line of Blackmon Road ( 60 foot right-of-way) and to the point of termination of Water Line No. 1 . WATER LINE NO. 2 BEGINNING at the heretofore mentioned point; Thence East a distance of 214 . 0 feet to the beginning of Branch Line No. 4 ( 2 inch PVC service line ) ; THENCE continuing East a distance of 24 feet to the point of termination. BRANCH LINES Branch Line No. 1 , Beginning at the heretofore mentioned point; Thence West a distance of 23 . 0 feet to the point of termination. Branch Line No. 2, Beginning at the heretofore mentioned point; Thence West a distance of 80. 0 feet to the point of termination. Branch Line No. 3 , Beginning at the heretofore mentioned point; Thence West a distance of 60. 0 feet to the point of termination. Branch Line No. 4 , Beginning at the heretofore mentioned point; Thence South 47 . 0 feet to the point of termination. ��-has WATER LINE EASEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS : COUNTY OF JEFFERSON § That TERRA CO. , a Texas General Partnership composed of ROBERT F. DOUDS , TOMMY VANCE, J . HOKE PEACOCK II , and JORDAN REESE III , herein- after called "Grantor" , for and in consideration of the sum of ONE DOL- LAR ($1. 00) and other good and valuable consideration to Grantor in hand paid by THE CITY OF BEAUMONT , a Municipal Corporation of Jefferson County, Texas , the receipt and adequacy of which is hereby acknowledged, has GRANTED AND CONVEYED, and by these presentes does GRANT AND CONVEY unto THE CITY OF BEAUMONT, whose mailing address is P. 0. Box 3827, Beaumont , Texas 77704, an easement for water utility purposes over, upon and across the following described tract or parcel of land in the H. Williams , Sr. Survey, Abstract 56 , in the City of Beaumont , Jeffer- son County, 'texas , to-wit : BEING an 850 square foot tract of land out of the Hezekiah Williams Survey, Abstract No. 56 , in Beaumont , Jefferson Counuy, Texas , and being out of that certain 23 . 86 acre tract of land known as the Cannon 23 . 86 Acre Tract , as said tract is described as the West 1/3 of Lot No. 5 of the subdivision of a part of the J . B. Langham, Sr. Estate and as shown on a re-subdivision of the J. B. Langham Sr. Estate in the map or plat recorded in Vol . 3 , Page 182 of the Map Records of Jefferson County, Texas, and said 850 square foot tract of land being more particularly described by metes and bounds as follows : FOR locative corner begin at an iron stake placed locating the Southwest corner of said Cannon 23 . 86 Acre Tract of land and the Southeast corner of said Lot 5 and lying in the North line of Willowick Place, a Subdivision in the City of Beaumont , Jef- ferson County, Texas , the plat of which is recorded in Vol . 10, Page 182 of the Map Records of Jefferson County, Texas ; THENCE North 1 degree 03 minutes 13 seconds West along the west line of said Cannon 23 . 86 Acre Tract a distance of 10 . 00 feet to a point for a corner; THENCE North 89 degrees 15 minutes 07 seconds East parallel with the South line of said Cannon 23 . 86 Acre Tract a distance of 85 . 00 feet to a point for a corner ; THENCE South 1 degree 03 minutes 13 seconds East parallel with the West line of said Cannon 23 . 86 Acre Tract a distance of 10. 00 feet to the South line of said Cannon 23 . 86 Acre Tract and the North line of said Willowick Place; THENCE South 89 degrees 15 minutes 07 seconds West along the South line of said Cannon 23. 86 Acre Tract and along the North line of said Willowick Place and at a distance of 15 . 00 feet pass the Northeast corner of Lot 7 , Block 2 of Willowick Place and continuing for a total distance of 85 . 00 feet to the Place of Beginning, containing 850 square feet . The easement hereinabove described is granted and conveyed for the purpose of laying , constructing, reconstructing , repairing, replac- ing and maintaining water mains or lines , together with any and all necessary appurtenances thereto , and for making connections thereto, and THE CITY OF BEAUMONT is hereby granted the free and uninterrupted use of the strip of land described above for said purpose of laying, constructing, reconstructing, repairing, replacing and maintaining water mains or lines , together with appurtenances thereto , and for making connections thereto ; all upon the condition that THE CITY OF BEAUMONT will at all times , after doing any work in connection with laying , constructing , reconstructing, repairing , replacing or maintain- ing said water mains or lines or appurtenances thereto , or making con- nections thereto, restore the surface of the land to the condition in which same was before such work was undertaken. Notwithstanding the grant and conveyance made herein, Grantor re- serves in favor of itself, its successors and assigns , the right to -� use the easement tract in any manner which shall not unduly or material- ly interfere with, limit , impair or restrict the rights and privileges herein granted to THE CITY OF BEAUMONT , its successors and assigns, including, without limitation, the right to cross said easement tract with private streets , driveways , sidewalks and privacy fences ; pro- vided, however , THE CITY OF BEAUMONT shall have no duty or obligation to repair or restore any private street , driveway, sidewalk, privacy fence or other improvements which may be damaged or removed in the ccurs( of laying, constructing , reconstructing, repairing , replacing or main- taining said water mains or lines or appurtenances thereto, or in making connections thereto. TO HAVE AND TO HOLD the said easements , together with all and singular the rights and privileges appurtenant thereto, unto THE CITY OF BEAUMONT, its successors and assigns , for so long as said easement is used for water utility purposes . TEXAS COMMERCE BANK-BEAUMONT, NATIONAL ASSOCIATION, a National Banking Association of Beaumont , Texas , acting herein by and through v its duly authorized officers , being the owner and holder of a lien or liens upon the hereinabove described easement tract , joins : the execution hereof for the purpose of subordinating its lien V--. liens upon said easement tract to the easement herein granted. EXECUTED this the k�ay of October , TERRA CO. By : cQ-�-<- R R OU S , Ge eral Peer TO Y VANC General Partr B 0 C I , Genera= artner Y = JORDAN REESE III, eneral tner TEXAS COMMERCE BANK-BEAUMONT, kTIONAL ASSOCIATION B STE N T . GIBBS, Senior V President ATTEST By: �NE Cy�RQ Cashier THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on 1982 , by ROBERT F. DOUDS , General Partner in TERRA CO . , a Tems General Partnership , on behalf of said Partnership . J Lary Pu 1ic , tate of Texas THE STATE OF TEXAS § COUNTY OF JEFFERSON § J This instrument was acknowledged before me on U� , 1982 , by TOMMY VANCE, General Partner in TERRA CO. , a Texas neral Partnership , on behalf of said Partnership . tary Pub ic , tate of Texas THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on , 1982 , by J . HOKE PEACOCK II , General Partner in TERRA CO. , a Texas General Partnership , on behalf of said Partnership . /1,'-)'�e', = _ Nl-dt7ary Pu lic , State of Texas �OQE6� �gs�,Qr�rcr THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on , 1982 , by JORDAN REESE III , General Partner in TERRA CO. , a Texas General Partnership , on behalf of said Partnership . Notary Public State of Texas o R E'r—A) 4,4-w ZG i c e THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on , 1982 , by STEVEN T. GIBBS, Senior Vice President of EXAS COMMERCE BANK-BEAUMONT, NATIONAL ASSOCIATION, a National Banking Association , on behalf of said Association. " to Pu lic , State o exas LILLIE B. HUFFMAN, Notary Public, For iss' S:Et of Tex � ,/ My Commission Expires_11� j S� 4