The URL can be used to link to this page

Home My WebLink AboutRES 07-390 RESOLUTION NO. 07-390 WHEREAS, NayFo Partners, Ltd. and Lomad, L.P., have agreed to convey two (2) ten-foot (10') wide exclusive Water Line Easements across Gulf Star Rental property located at 3385 West Cardinal Drive, as described below and as described and shown in Exhibits "A" and "A-1" and Exhibits "B" and "B-1" attached hereto, to the City of Beaumont for the purpose of providing access for fire prevention services: 1. 10 foot wide waterline easement (0.0899 acre)out of Lots 28 and 29 of the M. C. Cartwright Subdivision Owners: NayFo Partners, Ltd. 2. 10 foot wide water line easement (0.0023 acre) out of part of Lot 29 of the M. C. Cartwright Subdivision Owners: Lomad, L.P. and, WHEREAS, the City Council has considered the purpose of said conveyances and is of the opinion that the acceptance of said conveyances are 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 easements conveyed by NayFo Partners, Ltd. and Lomad, L.P., as described and shown in Exhibits"A"and "A-1"and Exhibits "B"and "B-1"attached hereto be and the same are hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of November, 2007. Umwo -.� V ,04--. /// - o f 4�4%X r Becky Ames - {.�- 0 � �tvn�� Exhibit "A" — Page I of 2 METES AND BOUNDS DESCRIPTION 0.0899 ACRE WATER LINE EASEMENT J. W. BULLOCK SURVEY ABSTRACT NUMBER 7 JEFFERSON COUNTY, TEXAS Being a Water Line Easement containing 0.0899 acres of land out of and a part of the J. W. Bullock Survey, Abstract Number 7, Jefferson County, Texas, and being out of and a part of Lot 28 and Lot 29, of the M. C. Cartwright Subdivision, recorded in Volume 4, Page 1 94, Map Records of Jefferson County, Texas, and being out of and a part of a 9.250 acre tract as conveyed by deed to NayFo Partners, Ltd., recorded in Clerk File Number 200701 9063, Official Public Records of Jefferson County, Texas, said 0.0899 acre Water Line Easement being more particularly described by metes and bounds as follows: BEGINNING at a %2-inch iron rod found in the South right-of-way line of a public road known as U. S. Highway 69, 9G and 287, also known as Cardinal Drive, and being the Northeast corner of said 9.250 acre tract; THENCE, North 73 deg. 34 min. 12 sec. West, along the South right-of-way line of said U. S. highway G9, 9G and 287, also known as Cardinal Drive for a distance of 10.4 1 feet to a point for corner; THENCE, South 00 deg, 13 min, 28 sec. West, along the residue of said 9.250 acre tract for a distance of 392.95 feet to a point for corner; THENCE, East, along the residue of said 9.250 acre tract for a distance of 10.00 feet to a point in the East line of said 9.250 acre tract; THENCE, North 00 deg. 13 min. 28 sec. East, along the East line of said 9.250 acre tract for a distance of 390.00 feet to the POINT OF BEGINNING and containing 0.0899 acres of land. 07-459 OF July 27, 2007 ,`?�'�iST A f 2512 •Y Notes: S U R� 1 . Bearings referenced to the East line of NayFo Partners, Lts., called 9.250 acre tract, North 00 deg. 13 min, 28 sec. East. 2. Plat accompanies metes f- bounds description. EXHIBIT "A" EXHIBIT "A" — PAGE 2 OF 2 US CARD11Y IGxWAY o ss FND. 1/2" I.R\ s. N '\3\IZ•• �14 L DRIB& '287 4e, /FND. 1/2" I.R. f P.O.B. FND. 1/2" 1.R. LINE TABLE SeP LINE HEARING ISTANC Li N73'3412 W 10.41 12 S73°59'09"E 24.91' L3 EAST 10.00' FND. 1/2" L 0.0899 ACRE WATER LINE EASEMENT N 8.394 ACRE TRACT vI 8.541 ACRE TRACT REMAINING OUT OF REMAINING OUT OF 9.250 ACRES 44.782 ACRES C.F. N0, 2007019063 C.F. NO. 2000043951 J.C.0.P.R. J.C.O.P.R 1" = 50' k in C SARAH STREET rn � cv o o � c VICINITY MAP y,C. CARTIIHIGHT =+ co 1LC. CIARTWRIGHT NOT TO SCALE SUBDIVISION °o I SUBDIVISION � w m �1►Y B9, 9e k 287 e p e SUBJECT PROPERTY LOT 29 LDT 35 Y.C. CARTWRIGHT Y.C. CARTWRIGHT SUBDIVISION SUBDIVISSION SURVEYED FOR: NAYFO PARTNERS, LTD. U.S. HWY. 69, 96 & 287 CARDINAL DRIVE BEAUMONT, TEXAS 77705 I, J.D. MCCLENAN, DO HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE PLAT OF A 0.0899 ACRE WATER LINE EASEMENT IN THE J. W. BULLOCK SURVEY, ABSTRACT NUMBER 7, JEFFERSON COUNTY, TEXAS AND SHOWING NO IMPROVEMENTS THEREON. THERE ARE NO OVERLAPPING OF IMPROVEMENTS EXCEPT ;n AS SHOWN HEREON. THE UNDERSIGNED SURVEYOR DOES NOT WARRANT OR SUBSCRIBE TO THE ACCURACY tO m OR SCALE OF FLOOD ZONE INFORMATION WHICH IS DERIVED FROM THE ABOVE REFERENCED FLOOD INSURANCE RATE MAP. USE OF THIS SURVEY FOR 9c ANY OTHER PURPOSE OR BY ANY OTHER PARTIES IS AT THEIR OWN RISK AND THE UNDERSIGNED w SURVEYOR IS NOT RESPONSIBLE FOR ANY LOSS RESULTIN OM o Of p� "•'°•, FND. 1/2" I.R I �p•,9 \ PREPARED BY: ti J. MCCLENAN THIS PROPERTY LIES IN FLOOD B-LINE SURVEYORS INC t 2 ZONE C AS INDICATED ON PANEL '1 480119 0245 B DATED 06/15/83 ' O �, s MA,,,. A.M.ELLIS DAM 07130107 J. uR� R D. are aaavo CCS spsa NIA CIVIL,ENGDMEEMG/LAND SURVEYING Re tared Prole Surveyor P.O. BOX 2440 ORANGE, TX 77631 Tezae Reaietretioa Number 2612 COSS erit�c NSA 10 AIA. EXHIBIT "A--V` (409) 689-8698 Exhibit "A" — Page I of 2 METES AND BOUNDS DESCRIPTION 0.0023 ACRE WATER LINE EASEMENT J. W. BULLOCK SURVEY ABSTRACT NUMBER 7 JEFFERSON COUNTY, TEXAS Being a Water Line Easement containing 0.0023 acres of land out of and a part of the J. W. Bullock Survey, Abstract Number 7, Jefferson County, Texas, and being out of and a part of Lot 29, of the M. C. Cartwright Subdivision, recorded in Volume 4, Page 194, Map Records of Jefferson County, Texas, and being out of and a part of a 8.54 1 acre tract as conveyed by deed to Lomad, L.P. a Texas limited partnership, recorded in Clerk File. Number 2007034376, Official Public Records of Jefferson County, Texas, said 0.0023 acre Water Line Easement being more particularly described by metes and bounds as follows: B�GINWNG at a point in the West line of said 8.54 1 acre tract, being South 00 deg. 13 min. 28 sec. West, 380.00 feet from a V2-inch iron rod found in the South right-of- way line of a public road known as U. 5. Highway G9, 9G and 287, also known as Cardinal Drive, and being the Northwest corner of said 8.541 acre tract; THENCE, South 00 deg. 13 min. 28 sec. West, along the West line of said 8.54 1 acre tract for a distance of 10.00 feet to a point for corner; THENCE, South 89 deg. 4G min. 30 sec. East, along the residue of said 8.54 1 acre tract for a distance of 10.00 feet to a point for corner; THENCE, North 00 deg. 13 min. 28 sec. East, along the residue of said 8.54 1 acre tract for a distance of 10.00 feet to a point for corner; THENCE, North 89 deg. 4G min. 32 sec. West, along the residue of said 8.54 ) acre tract for a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0023 acres of land. K� OF 07-459 P� •" F October 02, 2007 ~ �G MCCLE Na N M�.M.NiA A 26.4 2 Notes: I . Bearings referenced to the East line of NayFo Partners, Lts., called 9.250 acre tract, North 00 deg. 13 min. 28 sec. East. 2. Plat accompanies metes * bounds description. EXHIBIT "B" EXHIBIT "A" — PAGE 2 OF 2 U S CIGxWA Y Q� A.RDI 6g FND. 1/2" LR. \ N L N 9 7\121 � A Dl�& X87 \e, R LINE TABLE FND. 1/2" 1.R. FND. 1/2" 1.R. LINE 0.00 S00°11G Ll W Sep OS„ 12 10.00 S89°46'30"E 1 L3 10.00 N00°13'28"E 14. 10.00 N89°46'32"W FND. 1/2" 1.R. I 8.394 ACRE TRACT ' REMAINING OUT OF 9.250 ACRES N C.F. NO. 2007019063 8.541 ACRE TRACT CLERK FILE NO. 2007034376 J.C.0.P.R. REMAINING OUT OF 44.782 ACRES 1" = 50' °o C.F. NO. 2000043951 o J.C.O.P.R. roi i sARax s � N LOT 28 LOT 34 VICINITY MAP Yc. CARTIIRIGHT NOT TO SCALE SUBDMSION °o I SUBDMSION� II>PY 8g 98&287 f SURMT PROPERTY t i I LOT 29 LOT 36 IL C. CARTIIRIGHT HC. CARTWRIGHT 3UBDMSION SUBDIVISION SURVEYED FOR: LOMAD, LP., A TEXAS LIMITED PARTNERSHIP U.S. HWY. 69, 96 & 287 CARDINAL DRIVE BEAUMONT, TEXAS 77705 0.0023 ACRE I, J.D. MCCLENAN, DO HEREBY CERTIFY THAT THIS P.O.B. WATER LINE EASEMENT � IS A TRUE AND ACCURATE PLAT OF A 0.0023 ACRE WATER LINE EASEMENT IN THE J. W. BULLOCK SURVEY, ABSTRACT NUMBER 7, JEFFERSON COUNTY, TEXAS AND SHOWING NO IMPROVEMENTS THEREON. THERE ARE NO OVERLAPPING OF IMPROVEMENTS EXCEPT AS SHOWN HEREON. THE UNDERSIGNED SURVEYOR - DOES NOT WARRANT OR SUBSCRIBE TO THE ACCURACY tO OR SCALE OF FLOOD ZONE INFORMATION WHICH IS o w DERIVED FROM THE ABOVE REFERENCED FLOOD INSURANCE RATE MAP. USE OF THIS SURVEY FOR ANY OTHER PURPOSE OR BY ANY OTHER PARTIES IS AT THEIR OWN RISK AND THE UNDERSIGNED CQ SURVEYOR IS NOT RESPONSIBLE FOR ANY LOSS RESULT � j1 F \ o 0 T �.' FND. 1/2" I.R. PREPARED BY- j, D. t+Ac ;LENAN i? B—LINE SURVEYORS INC .:�...zn THIS PROPERTY LIES IN FLOOD 2 .12 r;= r}'� ZONE C AS INDICATED ON PANEL 480119 0245 B DATED 06/15/83 °, ''v —� aww✓er. A.M.ELLIS DAM, 10102107 J.R D. Bred rofe'idonal"'' swarm or CCs VIA CML ENG2IE MG S Registered Professional Surveyor /LAND URVEYING Terss Regiatr&Uou Number 2512 COSS a N/A P.O. BOX 2440 ORANGE, TX 77831 (409) 883-8898 EXHIBIT "B-1" Illiilllllllllllllillllllllllilllllllllillllllllilllilllllll EAS 2007047827 5 PGS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, NAYFO PARTNERS, LTD., a Texas 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 it 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 Water Line Easement and the exclusive right to construct, alter, and maintain said water line and appurtenances on the hereinafter described land which said easements are 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" attached hereto and made a part hereof for all purposes. The easement herein granted shall be used for the purpose ofplacing,constructing,operating, repairing,rebuilding,replacing,relocating, and/or removing water 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. 4 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 easements and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this _ day of_h�IC�!Q'�')[)Q ' 200 -7. GRANTOR: NAYFO PARTNERS, LTD., a Texas limited partnership By: NayFo Managers, L.L.C., a Texas limited liability company General Partner By: Printed Name: (Via Title: ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on � x"200-7,by �` f � vmr�� , of NayFo Managers, L.L.C., a Texas limited liability company as General Partner of NayFo Partners, Ltd., a Texas limited partnership, on behalf of said partnership. too;, !,ti KAREN WELLS Notary Public,State of Texas Notary Public, State of Texas My Commission Expires RETURN TO: April 06,2009 City of Beaumont Ilona N. Baker P. O. Box 3827 Beaumont, TX 77704 Vh2o\nayfo Exhibit "A" — Page I of 2 METES AND BOUNDS DESCRIPTION 0.0899 ACRE WATER LINE EASEMENT J. W. BULLOCK SURVEY ABSTRACT NUMBER 7 JEFFERSON COUNTY, TEXAS Being a Water Line Easement containing 0.0899 acres of land out of and a part of the J. W. Bullock Survey, Abstract Number 7, Jefferson County, Texas, and being out of and a part of Lot 28 and Lot 29, of the M. C. Cartwright Subdivision, recorded in Volume 4, Page 194, Map Records of Jefferson County, Texas, and being out of and a part of a 9.250 acre tract as conveyed by deed to NayFo Partners, Ltd., recorded in Clerk Pile Number 200701 9003, Official Public Records of Jefferson County, Texas, said 0.0899 acre Water Line Easement being more particularly described by metes and bounds as follows: 1EGINNING at a 1/2-inch iron rod found in the South right-of-way line of a public road known as U. S. Hicjhway G9, 9G and 287, also known as Cardinal Drive, and being the Northeast corner of said 9.250 acre tract; THENCE, North 73 deg. 34 min. 12 sec. West, along the South right-of-way line of said U. S. Highway G9, 9G and 287, also known as Cardinal Drive for a distance of 1.0.4 1 feet to a point for corner; THENCE, South 00 deg. 13 min, 28 sec. West, along the residue of said 9.250 acre tract for a distance of 392.95 feet to a point for corner; THENCE, East, along the residue of said 9.250 acre tract for a distance of 10.00 feet to a point in the East line of said 9.250 acre tract; THENCE, North 00 deg. 13 min. 28 sec. East, along the East line of said 9.250 acre tract for a distance of 390.00 feet to the POINT OF BEGINNING and containing 0.0899 acres of land. ' �^ 07-459 0 I �M�s�•a• July 27, 2007 XC G,ST O . A �'O 2 12 . ZP 'Q,y��ESS� r• � O •�Notes: S U I . Bearings referenced to the East line of NayFo Partners, Lts., called 9.250 acre tract, North 00 deg. 13 min. 28 sec. East. 2. Plat accompanies metes * bounds description. EXHIBIT "A" - PAGE 2 OF 2 U S HIGH 4� CARS N 69� 9 FND. 1/2„ I.R. AL Dh'I 6 FND. 1/2” I.R. P.O.B. jz FND. 1/2" I.R. LINE TABLE SeP°3p, LINE BEARING I DISTANCE Li N7303412 W fl4l L2 S73°59'09"E L3 EAST FND. 1/2" I.R. 0.0899 ACRE WATER LINE EASEMENT N 8.394 ACRE TRACT vJ 8.541 ACRE TRACT REMAINING OUT OF REMAINING OUT OF 9.250 ACRES 44.782 ACRES C.F. NO. 2007019063 C.F. NO. 2000043951 J.C.0.P.R. pWq J.C.0.P.R. 1" = 50' o � � E SARAH S ¢ 0 co o -C O LOT 34 VICINITY MAP LOT 2E �. M.C. CARTWRIGHT M C. CARTWRIGHT SUBDIVISION NOT TO SCALE SUBDIVISION v� W c i R► co }' 88. 88 dr 287 O z i � SUBJECT PROPERTY LOT 29 LOT 35 M.C. CARTWRIGHT M.C. CARTWRIGHT SUBDIVISION SUBDIVISION SURVEYED FOR: NAYFO PARTNERS, LTD. U.S. HWY. 69, 96 & 287 CARDINAL DRIVE BEAUMONT, TEXAS 77705 i i I, J.D. MCCLENAN, DO HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE PLAT OF A 0.0899 ACRE WATER LINE EASEMENT IN THE J. W. BULLOCK SURVEY, ABSTRACT NUMBER 7, JEFFERSON COUNTY, TEXAS AND SHOWING NO IMPROVEMENTS THEREON. THERE ARE NO OVERLAPPING OF IMPROVEMENTS EXCEPT ;n AS SHOWN HEREON. THE UNDERSIGNED SURVEYOR DOES NOT WARRANT OR SUBSCRIBE TO THE ACCURACY m OR SCALE OF FLOOD ZONE INFORMATION WHICH IS DERIVED FROM THE ABOVE REFERENCED FLOOD INSURANCE RATE MAP. USE OF THIS SURVEY FOR ANY OTHER PURPOSE OR BY ANY OTHER PARTIES IS AT THEIR OWN RISK AND THE UNDERSIGNED c SURVEYOR IS NOT RESPONSIBLE FOR ANY LOSS RESULTIN ROM. °o OF � P� !~S T °°• FND. 1/2" I.R. �K'G C�j•°� PREPARED BY: J. D. ,M;.0 L ENAN THIS PROPERTY LIES IN FLOOD B LINE SURVEYORS INC. "° "'°��-• ZONE C AS INDICATED ON PANEL 480119 0245 B DATED 06/15/83 + ' O -DRAWS), A.M.ELLIS a42 071JO107 5. J. D. McC S R�`/ CCS CIVIL ENGINEERING Regiatered Profs Surveyor crneurm er. cFnn NIA /LAND SURVEYING P.O. BOX 2440 ORANGE, TX 77831 Texas Registration Number 2512 .W Na. GOSS BrjfL^ NIA (409) 883-8898 FILED AND RECORDED OFFICIAL PUUBLIC RECORDS / 2007 Dec 13 02:34 PM 2007047817 WILLIAMS $28.00 CAROLYN L. GUIDRY COUNTY CLERK JEFFERSON COUNTY TEXAS