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Home My WebLink AboutRES 08-326 RESOLUTION NO. 08-326 WHEREAS, Spindletop Hospitality, Inc., has agreed to convey two (2) water line easements located out of Lot 1 of the W. E. Johnson Subdivision, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof for all purposes, for the purpose of providing mandatory access to the water lines and fire hydrants for the Holiday Inn Express located at 7140 Eastex Freeway and allowing for the construction, alteration, operation and maintenance of said water lines 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 easements conveyed by Spindletop Hospitality, Inc., be and the same are hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 91h day of December, 2008. Mp��1�1 s f of w - Mayor Becky Ames - if o14, EXHIBIT "A" EASEMENT I Legal Description: 0.1512 Acre Water Line Easement A. Duwe Survey, Abstract No. 459 Beaumont, Jefferson County,Texas BEING a 0.1512 acre water line easement situated in the A. Duwe Survey, Abstract No. 459, Jefferson County, Texas and also being out of and part of Lot 1 of the W. E. Johnson Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 3, Page 212, Map Records, Jefferson County, Texas and being out of and part of that certain called 2.000 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from Eastex Four, Ltd. to Spindletop Hospitality, Inc. as recorded in Clerk's File No. 2008021540, Official Public Records of Real Property, Jefferson County, Texas, said 0.1512 acre tract being more particularly described as follows: !VOTE: All bearings are based on the Southeasterly line of the said 2.000 acre Spindletop Hospitality, Inc. tract as SOUTH 32"02'43" WEST. BEGINNING at a 5/8" iron rod found for the most Northerly corner of the tract herein described, the same being the most Northerly corner of the said 2.000 acre Spindletop Hospitality, Inc. tract and said comer also being the most Easterly corner of that certain called 2.070 acre tract of land as described in a "General Warranty Deed" from Thomas Lee Hanna, Jr. and Jessica Hanna to Craig Thiry as recorded in Clerk's File No. 2006044849, Official Public Records of Real Property, Jefferson County, Texas, and also being the most Easterly corner of the Lot 2 of the said W.E. Johnson Subdivision and the most Northerly corner of the said Lot 1 and said comer also being in the Southwesterly right-of-way line of Concord Road; THENCE SOUTH 55 048'16" EAST, along and with the Southwesterly right-of-way line of Concord Road, for a distance of 10.01 feet to a point for corner; THENCE SOUTH 31025'43" WEST, for a distance of 68.28 feet to a point for corner; THENCE SOUTH 57 057'17" EAST, for a distance of 5.97 feet to a point for corner; THENCE SOUTH 32 002'43" WEST, for a distance of 18.89 feet to a point for corner; THENCE NORTH 57°57'17" WEST, for a distance of 5.76 feet to a point for corner; THENCE SOUTH 31°25'43" WEST, for a distance of 208.13 feet to a point for corner; THENCE SOUTH 3105843" WEST, for a distance of 165.54 feet to a point for corner; EXHIBIT"A" Page 1 of 3 MARK W. WHITELEY AND ASSOCIATES,INC. THENCE SOUTH 58 003'07" EAST, for a distance of 176.31 feet to a point for corner, said corner being in the Southeasterly line of the said 2.000 acre Spindletop Hospitality, Inc. tract and in the Northwesterly line of that certain called 10.604 acre tract of land as described in a "Special Warranty Deed" from Eastex Four, Ltd. to Academy, Ltd. as recorded in Clerk's File No. 2007023100, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 32 002'43" WEST, for the boundary between the said 2.000 acre Spindletop Hospitality, Inc. tract and the said 10.604 acre Academy, Ltd. tract, for a distance of 10.00 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley &Associates" found for corner, said corner being the most Southerly corner of the said 2.000 acre Spindletop Hospitality, Inc. tract and being the most Easterly corner of the remainder of that certain called 3.0876 acre tract of land as described in a "Special Warranty Deed" from Orange Savings Bank, SSB to Eastex Four, Ltd. as recorded in Clerk's File No. 2007023480, Official Public Records of Real Property, Jefferson County,Texas; THENCE NORTH 58 003'07" WEST, for the boundary between the said 2.000 acre Spindletop Hospitality, Inc. tract and the remainder of the said 3.0876 acre Eastex Four, Ltd. tract, for a distance of 186.29 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for corner, said corner being in the Northwesterly line of the said Lot 1 and the Southeasterly line of the said Lot 2 and in the Southeasterly line of that certain called 2.69 acre tract of land as described in a "Warranty Deed with Vendor's Lien" from Branding Iron Western Corral, Inc. to Bertino Investments, Inc. as recorded in Film Code No. 104-80-0514, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 3105637" EAST, for the boundary between the easement herein described and the said 2.69 acre Bertino Investments, Inc. tract, the same being the Northwesterly line of the said Lot 1 and the Southeasterly line of the said Lot 2, for a distance of 14.15 feet to a 1/2" iron rod with a cap found for corner, said corner being an angle point in the Northwesterly line of the said 2.000 acre Spindletop Hospitality, Inc. tract; THENCE NORTH 31 058'43" EAST, continuing for the easement between the tract herein described and the said 2.69 acre Bertino Investments, Inc. tract, the same being the Northwesterly line of the said Lot 1 and the Southeasterly line of the said Lot 2, for a distance of 161.35 feet to a 1/2" iron rod (bent) found for corner, said corner being the most Easterly corner j of the said 2.69 acre Bertino Investments, Inc. tract and the most Southerly corner of the said 2.070 acre Thiry tract; THENCE NORTH 31°25'43" EAST, for the boundary between the easement herein described and the said 2.070 acre Thiry iract, the same being the Northwesterly line of the said Lot 1 and the Southeasterly line of the said Lot 2, the same being the Northwesterly line of the said 4.215 acre Orange Savings Bank, SSB tract, and the Northwesterly line of the said 3.0876 acre Eastex Four, Ltd. tract, for a distance of 295.74 feet to POINT OF BEGINNING and containing 0.1512 ACRES, more or less. EXHIBIT"A" Page 2 of 3 MARIE W. WHITELEY AND ASSOCIATES,INC. x CALLED 2.69 ACRES BERTINO INVESTMENTS, INC. "op I CALLED 2.070 ACRES PO F.0 N0. 104-80-0514 CRAIG THIRY EASEMENT 1 OPRJC CF. NO. 2006044849 FND 5D I. ROD OPRJC MOST NORTHERLY CORNER OF LOT 1 & FND I. ROD W%CAP ` 1. R00�fENT) L13 MOST EASTERLY CORNER OF LOT 2 A-- I ------ ---- -�-----------L6---------a-� .g-a [„2 -- L7 FND 0.1512 ACRES o B. EASEMENT I WATERLINE EASEMENT I U U I LINE BEARING DISTANCE 9 c L1 S55'48'1 6"E 10.01' � U �:J �, I L2 S31'25'43"E 65.28' EASEMENT 11 '� DU� rr 140. I L3 SST57'17"E 5.97' A• A a L4 S32'02 43"W 18.89' LINE BEARING DISTANCE o �+ 0 L5 N57'57'17"W 5.76' L1 S32'02'43"W 56.57' �Za� I L6 S31'25'43"W 208.13' L2 S32'02.43"W 10.00' w ( L7 S31'58.43W 165.54' L3 ' ' " N57'57'1 7"W 26.36' v L8 S580307 E 176.31' L4 N32'02'43"E 10.00' L9 S32'02'43"W 10.00' LS 557'5717"E 26.36' n Rua CO L10 N58'03'07"W 186.29' CALLED 2.00 ACRES / to:3 4 N a ''� L1 1 N31'56'37"E 14.15' SPINOLETOP HOSPITALITY INC. ac ' U2 N31'58'43"E 161.35' CF. NO.02008021540 o y z L13 N31'25'43"E 295.74' I /U 2 W Q NOTE• Q o I 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR �� / o y cz, TITLE. I 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT / w IBY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION AND BELIEF, v FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE FND 0.0061 ACRES / P�/^� ^' STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF lJ o PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS WATERLINE EASEMENT II L4 II MENT I SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED. EASE / F 5E ENT H oti FND N32'02'43"E 14.15' REFERENCE BEARING PER CF. NO. 2008021540, OPRJC / Cl) Ia L ROD O v+ � FIND 1/2' (CALL S32'0243"W 453.96) Sr 1.ROD W1 CAP FND S32'02'43'W 453.96' L9 (r�SJ702'OS1Y 49.15) FNDR 12" FND N32'02'43"E 390.68' L2 Ll Q) FORMERLY / j�A oU bK1 FORMERLY I CALLED 4.215 ACRES t'1 TRACT TWO C A 5 CALLED 6.564 ACRES ORANGE SAVINGS BANK, SSB 10.604 ACRE TRACT T�ACADEMY, LTD.EASTER FOUR, LTD. I C.F. NO. 2004009740 C.F. NO. P00 023/ x�NIA�gACT N�. EASEMENT 11 Q CF N0. 9740889 OPRJC OPRJC I T A$5 EXHIBIT "B" b TO THE OWNERS OF THE PREMISES SURVEYED REFER TO EXHIBIT 'A" AS OF THE DATE OF THE SURVEY: FOR LEGAL DESCRIPTION I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY CLIENT: SPINDLETOP HOSPITALITY, INC. MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LLY DESCRIBED EASEMENT I HEREON AND CORRECTLY REPRESENTS THE FACTS FOU DR BY: saw srAE: SHEET"°' 0.1512 ACRE WATERLINE EASEMENT OF THE SURVEY. �VVER: ACAD 7008 1"=50 1 of 1 OF.T B No. RM' W,\2008\08-829 REV. A. DUNE SURVEY, ABSTRACT NO. 459 DATE SURVEYED: NOVEMBER 10, 2008 Q'• C, s TEq�'>1� 08-829 De-879EasEMENr.Dwc 0 BEAUMONT, JEFFERSON COUNTY, TEXAS :N +MARK . WHITELEY ......OWE D ASSOCIATES EASEMENT II ................... . ...... INCORPORATED 9 5728 P:Q TING ENGINEERS, 0.0061 ACRE WATERLINE EASEMENT L 0 FS\o✓ O ORS, AND PLANNERS o THOMAS SPEAR LEAGUE, ABSTRACT NO. 50 .•� ••�••`�� BEAUMONT, JEFFERSON COUNTY, TEXAS BOX 5492 THOMAS S. ROWE - REGISTERED PROFESSIONAL LAN No. 5728 BumpiT.°TBxAS 77720 r9z 9UUMONr�TS� 77703 409-992-0491 (rAx) 409-092-1349