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Home My WebLink AboutRES 05-188 RESOLUTION NO. 05-188 WHEREAS, Kohl's Texas, a Texas limited partnership, has conveyed a ten-foot (10') Water Line Easement, as shown on Exhibits "A" and "B" attached hereto and made a part hereof for all purposes, to the City of Beaumont for the purpose of providing access for fire prevention services: • Muela Creek Drive 0.5395 acres out of W. B. Dyches Survey, Abstract 17 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 easement conveyed by Kohl's Texas, a Texas limited partnership, as shown on Exhibits "A" and "B" attached hereto and made a part hereof for all purposes be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of August, 2005. CUMOM'� ' AIV Ir o l� - Mayor Guy N. Goodson - W ij0 '�� , EXHIBIT A FREWMINDEOF W OR FORMERLY PHELAN, I1, TRUS EE CRES 2 CFj 9847769 OPRJCT PROPOSED MUELA CREEK DRIVE N 86'58'07" E 10.00' OUT OF A CALLED 34.849 ACRE TRACT PROPOSED MUEIA CREEK DRIVE SET CAPPED M.A. PHELAN, 11, TRUSTEE (WIDTH VARIES) SET CAPPED 1/2"ROD DESCRIBED AS TRACT NO. 2 1 2"ROD TRACT NO. 2 CF/ 9847769 OPRJCT N 86'58'07'I E 671.55' 7.96' 60.00'Z N 86'58'07" E 10.00' _ a 6 � 70 �a ti m o.a co w °1 w cOO NOW OR FORMERLY k '<7 8.370 ACRE TRACT O o rq SURVEYED OCTOBER 26, 2004 txs rn z CA BY BARROW SURVEYING vi OUT OF A CALLED 34.849 ACRE TRACT t�v 11. M.A. PHELAN, 11, TRUSTEE !v 2 DESCRIBED AS TRACT NO. 2 69 ZE CF OPRJCT v z 0.5395 ACRES z o a 23501.09 S.F. o `O Z �J q'4 ` N 86'59'08" E 583.57' o ° S 86'59'08" W 164.69' S 86'59'08" W 398.88' w ° w°„ co � v w " ZE z w rn c» rn V ►OV ;ia y � � �86'56'51'_' W ' o e, q,o FND CAPPED g G�,s IRON ROD rn ' obi C9 N � G .6 AV$ IRON ROD ROD 4b. -4 FND,.c1 1' O 'V� O O 6.83' FND CAPPED FND CAPPED. S 86'58'07" W 435.90' IRON ROD IRON ROD (S 86'58'07" W 435,89') S 86'58'07" W NOW OR FORMERLY (Basis of Bearings) 10.00' 5.611 ACRE TRACT NOW OR FORMERLY SURVEYED JULY 27, 2004 TEXACO P.A.W. EMPLOYEES F FEDERAL CREDIT UNION . BY WRTECH LAND SURVEYORS, INC. OUT A CALLED 34.849 ACRE TRACT CALLED 2.2354 ACRES M.A. PHELAN, I1, TRUSTEE DESCRIBED AS TRACT NO. 2 TRACT TWO CF-1 9847769 CF11 2002014968 REVISED 611.3/05 OPRJCT OPRJCT N Survey Prepared By. NOTES THE BASIS OF BEARINGS IS ALONG THE NORTH LINE OF A PLAT SHOWING 5.611 ACRE TRACT SURVEYED BY WORTECH LAND SURVEYORS j� BARROW SURVEYING ON JULY 27, 2004, BEING OUT OF A CALLED 34.849 ACRE W TRACT DESCRIBED AS TRACT NO. 2 OF RECORD IN CLERK'S PROPOSED P.O. DRAWER 68 FILE NO. 9847769 OF THE OFFICIAL PUBLIC RECORDS OF NEWTON, TX 75966 JEFFERSON COUNTY, TEXAS, HAVING BEEN GALLED WATER LINE EASEMENT (409) 379-2265 S 86'58'07"W. S OUT OF THE VE BY: MwG � �: ASP �r: & WESLEY DYCHES LEAGUE VER: ACAO 2004 SCALE: SHEET NO: REV, DATE: 01-21-05 �°=goo' Of ABSTRACT Nn 17 EXHIBIT B Legal Description: 0.5395 Acre Water Line Easement Wesley Dyches League,Abstract No. 17 Jefferson County,Texas BEING a 0.5395 acre Water Line easement situated in the Wesley Dyches League,Abstract No. 17,Jefferson County, Texas and being out of and apart of that certain called 34.849 acre tract designated as "Tract No. 2" as conveyed from AMOCO PRODUCTION COMPANY to M.A.PHELAN, II TRUSTEE by a Special Warranty Deed dated December 30, 1998 and filed for record in Clerk's File No. 9847769 of the Official Public Records of Jefferson County, Texas and also being out of and a part of an 8.370 acre tract as surveyed October 26,2004 by Barrow Surveying, said 8.370 acre tract being out of and a part of the said 34.849 acre tract. Said 0.5395 acre Water Line easement being more particularly described by metes and bounds as follows: BEGINNING at a Concrete Monument with brass disk found in the abandoned right-of-way of Old Dowlen Road for the northwest corner of that certain called 0.9770 acre tract of land conveyed to Bryan Kirbow as recorded in Clerk's File No. 1999037480 of the Official Public Records of Jefferson County, Texas, said Concrete Monument also being located on the division line between the said Wesley Dyches League and-the A. Duwe Survey, Abstract No. 459,and also being the point of beginning of the said 34.849 acre tract; THENCE South 03 102'58" East, along and with the common line between the said 34.849 acre tract,the said 8.370 acre tract and the said 0.977 acre tract, the same being the said common division line between the Wesley Dyches League and the A. Duwe Survey and an East line of the Water Line easement herein described, at 339.93 feet pass a %Z inch iron rod for the Southwest corner of the said 0.9770 acre tract and the Northwest corner of that certain called 2.2354 acre tract described as Tract No. 2 and recorded in Clerk's File No. 2002014968 of the Official Public Records of Jefferson County, Texas, and continuing along the common line between the said 34.849 acre tract, the said 8.370 acre tract and the said 0.2.2354 acre tract,the same being the said common division line between the Wesley Dyches League and the A. Duwe Survey, IN ALL a total distance of 434.48 feet to a capped iron rod found for the Southeast corner of the said 8.370 acre tract and the Northeast corner of a 5.611 acre tract as surveyed July 27,2004 by Wortech Land Surveyors, Inc. out of and a part of the said 34.849 acre tract; THENCE South 86 058'07" West, along the common line between the said 8.370 acre tract and the said 5.611 acre tract and a South line of the Water Line easement herein described, a distance of 10.00 feet to a point for corner; THENCE North 03 102'58" West, along and with a West line of the Water Line easement herein described, a distance of 286.34 feet to a point for corner; Page 2 0.5395 Acre Water Line Easement THENCE South 86 159108" West, along and with a South line of the Water Line easement herein described, a distance of 398.88 feet to a point for corner; THENCE South 03°00'40" East, along and with an East line of the Water Line easement herein described, a distance of 286.45 feet to a point for corner in a South line of the said 8.370 acre tract and a North line of the said 5.611 acre tract; THENCE South 86°58'07" West, along the common line between the said 8.370 acre tract and the said 5.611 acre tract and being a South line of the Water Line easement herein described, a distance of 20.00 feet to a point for corner; THENCE North 03 100'40" West, along and with a West line of the Water Line easement herein described, a distance of 286.46 feet to a point for corner; THENCE South 86 159'08" West, along and with a South line of the Water Line easement herein described, a distance of 164.69 feet to a point for corner; THENCE South 03°03'09" East, along and with an East line of the Water Line easement herein described, a distance of 87.53 feet to a point for corner; THENCE South 86°56'51" West, along and with a South line of the Water Line easement herein described, a distance of 5.00 feet to a point for corner in a West line of the said 8.370 acre tract and an East line of the said 5.611 acre tract; THENCE North 03°03'09" West, along the common line between the said 5.611 acre tract and the said 8.370 acre tract and being a West line of the Water Line easement herein described, a distance of 294.40 feet to a capped iron rod found for the most Northerly Northeast corner of the said 5.611 acre tract and an interior"ell' corner of the tract herein described; THENCE South 86 154'18" West, along the common line between the said 5.611 acre tract and the said 8.370 acre tract and being a South line of the Water Line easement herein described, a distance of 5.00 feet to a point for corner; THENCE North 03 003'09" West, along and with a West line of the Water Line easement herein described, a distance of 130.63 feet to a point for corner in the North line of the said 8.370 acre tract and the South line of proposed Muela Creek Drive (width varies) out of and a part of the said 34.849 acre tract; Page 3 0.5395 Acre Water Line Easement THENCE North 86 058'07"East, along and with the North line of the said 8.370 acre tract, the South line of the said proposed Muela Creek Drive,and being a North line of the Water Line easement herein described, a distance of 10.00 feet to a point for corner; THENCE South 03 003'09" East, along and with an East line of the Water Line easement herein described, a distance of 322.50 feet to a point for corner; THENCE North 86°59'08" East, along and with a North line of the Water Line easement herein described,'a distance of 583.57 feet to a point for corner; THENCE North 03 102'58" West, along and with a West line of the Water Line easement herein described, a distance of 322.67 feet to a point for corner in the North line of the said 8.370 acre tract and the South line of the said proposed Muela Creek Drive; THENCE North 86°58'07" East, along and with the North line of the said 8.370 acre tract, the South line of the said proposed Muela Creek Drive, and being a North line of the Water Line easement herein described, a distance of 10.00 feet to a point for corner; THENCE South 03°02'58" East, along and with an East line of the Water Line easement herein described, a distance of 189.53 feet,to the PLACE OF BEGINNING and containing within these bounds 0.5395 acre of land; NOTE: Bearings recited herein are based and/or rotated to a North line of a 5.611 acre tract as surveyed July 27, 2004 by Wortech Land Surveyors,Inc. out of and a part of the called 34.849 acre tract designated as "Tract No. 2" of record in Clerks File No. 9847769 of the Official Public Records of Jefferson County, Texas. (South 86°58'07" West) 41Ao Y- ti Nll if--iA E7:1.Kt THAN Michael Kethan Registered Professional Land Surveyor No. 5709 Prepared June 13,2005 Rear s j1��