HomeMy WebLinkAboutRES 08 251 RESOLUTION NO. 08-251
WHEREAS, JATH, LTD., has agreed to convey a ten foot (10') wide water line
easement for property located at 4840 Lafin Road, being out of the J. W. Bullock Survey,
Abstract 7, Jefferson County,Texas, as described in Exhibit"A"and shown on Exhibit"B,"
attached hereto, to the City of Beaumont to provide access for fire protection to D. J.'s
Boudain and allow for the construction, alteration, operation and maintenance of the said
water line and appurtenances; 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 JATH, LTD., as described in Exhibit"A," and shown on
Exhibit "B," 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
September, 2008.
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Ulayor Becky Ames -
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EXHIBIT A, PAGE 1 OF 2
CENTERLINE DESCRIPTION
FOR A
10' WIDE WATER LINE EASEMENT
OUT OF THE
J. W. BULLOCK SURVEY, ABSTRACT 7
JEFFERSON COUNTY, TEXAS
JULY 3, 2008
REVISED: AUGUST 6, 2008
That certain centerline description for a 10' wide water line easement out of the J. W. Bullock
Survey, Abstract 7, Jefferson County, Texas, being out of a called 2.514 acre tract conveyed to
JATH, Inc, as recorded in Clerks File No. 2004014406 of the Official Public Records of
Jefferson County, Texas, said centerline description being more particularly described as
follows:
Note: The Basis of Bearing is the southwest line of the said 2.514 acre tract having been called
North 56 035'39"West 482.80 feet.
COMMENCING at a %" iron rod found for the southwest corner of a tract conveyed to
Southwestern Bell Telephone Company as recorded in Clerks File No. 2002030657 of the
Official Public Records of Jefferson County, Texas, the northwest comer of a called 0.68310
acre tract conveyed to DJ's Boudain as recorded in Film Code 100-78-2594 of the Real
Property Records of Jefferson County, Texas, the south corner of a survey called 0.6426 acre
tract from Access Surveyors dated January 28, 2004 and the most easterly corner of the said
2.514 acre tract;
THENCE North 36 034'53"West along the southwesterly line of the said 0.6426 acre tract and
the northeasterly line of the said 2.514 acre tract a distance of 152.36 feet (called North
36 034'53"West) to a point;
THENCE South 53 025'07"West a distance of 5.00 feet to a point for the POINT OF
BEGINNING of the said centerline;
THENCE North 36 034'53"West a distance of 171.31 feet to a point in a curve to the left in the
southeasterly right-of-way line of Texas State Highway 124 (aka Fannett Road) and the
northwesterly line of the said 2.514 acre tract for the POINT OF TERMINATION of the said
centerline from which a capped iron rod found for the west corner of the said 0.6426 acre tract
and the north corner of the said 2.514 acre tract bears a chord bearing and chord distance of
North 58 045'49" East 5.02 feet.
This Centerline Description is based on a survey performed by Fittz& Shipman, Inc. during
March 2004.
Walter J. Ksia e I a rlS7 �• � '
Registered Profession and Su y r No. 5321 „ g" '.
.4 ` : � :'
Fittz&Shipman,Inc. , WALTER J. KS14ZEi�
Page 1 of 1 *►�... � .=9 ,-,„„ •.
Project No. 07169WL
Plat&Description
Av
EXHIBIT "A"
CLIENT: JATH, LTD. G.F. N0.
EXHIBIT A, PAGE 2 OF 2
I� SET 112" �Ar,.Y�
I IRON '4 'PROD q R �4 POINT TERMINATION
C 1 °qo
°� F<M OODE MF\ ) CENTERLINE
p�_ o R'PR.,1i0z i� N 58'45'49" E
5.02
FOUND C2
CAPPED
IRON ROD
I v /
M/ FOUND
CAPPED
w/ IRON ROD
3/
JATH, LTD
CLERKS FILE NO. 2004014406, O.P.R.J.C. /
I (CALLED 2.514 ACRES)
10/
I = /
I /
''N SURVEY OF A 0.6426
CENTERLINE 1y ry ACRE TRACT FROM
10' WIDE WATER / M a ACCESS SURVEYORS
LINE EASEMENT / 3.
t DATED 1-28-04
^�M
o I POINT OF
o I BEGINNING
�I CENTERLINE
0 I S 53'2507" W
z I 5.00
a-a 0®25 so
a
wI S C A L E
^°
3 IV
in I NOTE: THIS SURVEY WAS COMPLETED WITHOUT
THE BENEFIT OF A TITLE COMMITMENT.
NOT ALL EASEMENTS, WHETHER OF
RECORD OR NOT, WERE RESEARCHED AT
THE TIME OF THIS SURVEY.
COMMENCING
POINT
I FOUND 1/2"
IRON ROD
NOTE:
NOW OR FORMERLY
BASIS OF BEARINGS IS THE
SOUTHWEST LINE OF THE 2.514 SOUTHWESTERN BELL COMPANY
(SAVE & EXCEPT TRACT 4 4)
ACRE TRACT HAVING BEEN CLERKS FILE NO. 2002030657, O.P.R.J.C.
CALLED N 56135'39" W 482.80
I FO OP\�Re
0�0pJ ti59���5, NUMBER DELTA RADIUS ARC ICHORD CHORD BEARING
�O�J o0 0�o P Cl 02'11'02" 3454.74 131.68 1131.68 N 59'48'50" E
°6 CALLED 0271'02" 3454.74 131.68 131.66 N 59'48'50" E
C2 01'49'29" 3454.74 110.02 1110.01 N 57'37'11" E
CALLED 01'49'29" 3454.74 110.02 1110.01 N 57'37'11" E
DESCRIPTION OF SERVICES REQUESTED: 10' WIDE WATER LINE EASEMENT
SURVEYOR'S CERTIFICATION:
1 00 HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY &DESCRIPTION MADE ON
THE GROUND UNDER MY SUPERVISION, DURING MARCH 2004
THE ABOVE TRACT BEING LOCATED AT TEXAS STATE HIGHWAY 124 BEAUMONT TEXAS 77705
AND BEING DESCRIBED AS A 10' WIDE WATER LINE EASEMENT OUT OF THE J. W. BULLOCK SURVEY A-7
AS RECORDED IN VOLUME - PAGE - OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS,
REVISION DATE
1+���•F Tg
L
WALTER J. KSIAZ K • • 7� • t
REGISTERED PROFESSION LAND SUR OR NO. 5321 WALTER J. KSIAZEK
DATE: 7-3-08 ' �RRI.JJJ ipman
FIELD •'� � ��•
BOOK NO.: 04-02 Con WWWEngu�eersandLandSrwvryo�s INC. ��N �Q
169WLESM7 1405 CORNERSTONE COURT BEAUMONT, TEXAS SU,�iV
JOB NO.: 07169.0000 (409)832-72 ( 832-7303 JMW
1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllllil EAS 2009020284
5 PGS
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, JATH,LTD,a limited partnership, hereinafter called "GRANTOR", whether one or
more, for and in consideration of the sum of ONE AND N01100 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 lands which said easement is under,over,
in and across that 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", attached hereto and
made a part hereof for all purposes.
The easement herein granted shall be used for the purpose of placing, 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 tracts 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.
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 Q day of , ;688-
GRANTOR:
JATH, LTD, a limited partnership
BY: BELTL, LLC, a
limited liability company
General Partner
By: A '—�
Name: L.. r N&o-1 r r -5
Title: .tNCk-Z er-
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF X
The foregoing instrument was acknowledged before me on o(. ,.2098,by_
ya 6& r f i S ,_OU f BELTL, LLC, a limited
liability company, in its capacity as General Partner o JATH, LTD, a limited partnership, on behalf
of said limited partnership.
otary Public, t to of Texas
RETURN TO:
City of Beaumont
Ilona N. Baker
P. O. Box 3827
Beaumont, TX 77704 \fire\\djs_lafin
EXHIBIT A, PAGE 1 OF 2
CENTERLINE DESCRIPTION
FOR A
10' WIDE WATER LINE EASEMENT
OUT OF THE
J. W. BULLOCK SURVEY, ABSTRACT 7
JEFFERSON COUNTY, TEXAS
JULY 3, 2008
REVISED: AUGUST 6, 2008
That certain centerline description for a 10' wide water line easement out of the J. W. Bullock
Survey, Abstract 7, Jefferson County, Texas, being out of a called 2.514 acre tract conveyed to
JATH, Inc, as recorded in Clerks File No. 2004014406 of the Official Public Records of
Jefferson County, Texas, said centerline description being more particularly described as
follows:
Note: The Basis of Bearing is the southwest line of the said 2.514 acre tract having been called
North 56 035'39" West 482.80 feet.
COMMENCING at a %2" iron rod found for the southwest corner of a tract conveyed to
Southwestern Bell Telephone Company as recorded in Clerks File No. 2002030657 of the
Official Public Records of Jefferson County, Texas, the northwest comer of a called 0.68310
acre tract conveyed to DJ's Boudain as recorded in Film Code 100-78-2594 of the Real
Property Records of Jefferson County, Texas, the south corner of a survey called 0.6426 acre
tract from Access Surveyors dated January 28, 2004 and the most easterly corner of the said
2.514 acre-tract;-
THENCE North 36 034'53"West along the southwesterly line of the said 0.6426 acre tract and
the northeasterly line of the said 2.514 acre tract a distance of 152.36 feet (called North
36 034'53" West) to a point;
THENCE South 53°25'07" West a distance of 5.00 feet to a point for the POINT OF
BEGINNING of the said centerline;
THENCE North 36 034'53" West a distance of 171.31 feet to a point in a curve to the left in the
southeasterly right-of-way line of Texas State Highway 124 (aka Fannett Road) and the
northwesterly line of the said 2.514 acre tract for the POINT OF TERMINATION of the said
centerline from which a capped iron rod found for the west corner of the said 0.6426 acre tract
and the north corner of the said 2.514 acre tract bears a chord bearing and chord distance of
North 58 045'49" East 5.02 feet.
This Centerline Description is based on a survey performed by Fittz & Shipman, Inc. during
March 2004.
alter J. Ksiazek �� �F
Registered Profession Land Su e r No. 5321 *�.��Gt
Fittz&Shipman,Ina
Page 1 of 1 WALTER J. KSIAZEK
Project No. 07169WL ..o tski
Plat&Description �e'�iJ �`•
gMQ�ith�E��Q,
CLIENT: JATH, LTD,* G.F. N0.
\ EXHIBIT A. PAGE 2 OF 2
II r��S' ST
wY
SCAPPED \ kq Fq ,` 1 POINT OF
�. RON Roo \\ C ROgO�4 TERMINATION
es M \ J CENTERLINE
0o e
N 5845'49" E
Q 'zz4 6.02
FOUND C2
r� CAPPED
2- IRON ROD
I v
FOUND
M CAPPED
n/ IRON ROD
3
JATH, LTD
CLERKS FILE NO. 2004014406, O.P.R.J.C. /
(CALLED 2.514 ACRES) /
I 2 �
I
N N SURVEY OF A 0.6426
CENTERLINE
10' WIDE WATER ' ACRE TRACT FROM
LINE EASEMENT 3 3 ACCESS SURVEYORS
,., DATED 1-28-04
s v>
1�M
o I POINT OF d 4
o I BEGINNING z
of
o I S 53'25'07" W �`
Z I 5.00
0 25 50
WI s®
3 ry
v1 I h NOTE: THIS SURVEY WAS COMPLETED WITHOUT
THE BENEFIT OF A TITLE COMMITMENT.
NOT ALL EASEMENTS, WHETHER OF
RECORD OR NOT, WERE RESEARCHED AT
THE TIME OF THIS SURVEY.
COMMENCING
POINT
FOUND 1/2"
IRON ROD
NOTE: I
BASIS OF BEARINGS IS THE NOW OR FORMERLY
SOUTHWEST LINE OF THE 2.514 SOUTHWESTERN BELL TRACT COMPANY
(SAVE & EXCEPT T TRACT 4)
ACRE TRACT HAVING BEEN CLERKS FILE NO. 2002030657, O.P.R.J.C.
CALLED N 56'35'39" W 482.80 ��4
& NUMBER DELTA RADIUS ARC CHORD CHORD BEARING
�Op�oo��o P Cl 02'11'02" 3454.74 131.68 131.68 N 59'48'50" E
G°O� 6 CALLED 02'11'02" 3454.74 131.68 131.68 N 59'48'50" E
C2 01'49'29" 3454.74 110.02 110.01 N 57'37'11" E
CALLED 01'49'29" 3454.74 110.02 110.01 N 57'37'11" E
DESCRIPTION OF SERVICES REQUESTED: 10' WIDE WATER LINE EASEMENT
SURVEYOR'S CERTIFICATION:
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY& DESCRIPTION MADE ON
THE GROUND UNDER MY SUPERVISION, DURING MARCH 2004
THE ABOVE TRACT BEING LOCATED AT TEXAS STATE HIGHWAY 124 BEAUMONT, TEXAS 77705
AND BEING DESCRIBED As A 10' WIDE WATER LINE EASEMENT OUT OF THE J. W. BULLOCK SURVEY A-7
AS RECORDED IN VOLUME - , PAGE - OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS.
REVISION DATE
(WALTER O F TWALTER J. KSIAZ tREGISTERED PROFESSIONAL D SURVEY R NO. 5321
ATE: 7-3-OS i+� x cam" ,pma� J. KSIAZEK ELD i� I� INC. �,•OOK NO.: 04-02 Consulting Engineers and Land Surveyors �P•169WLESMT J
••Q.JB NO.: 07169.0000 1405 CORNERSTONE COURT BEAUMONT, TEXAS sees
(409)832-7238 FAX (409)832-7303 JMW 3CJF1fV
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
e•441�. -tejAwt
2009 Jun 02, 12:12 PM 2009020284
PEVETO: $28.00
CAROLYN L. GUIDRY, COUNTY CLERK
JEFFERSON COUNTY, TEXAS
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