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Home My WebLink AboutRES 10-039 RESOLUTION NO. 10-039 WHEREAS, Stone Way II, L.P., has offered to convey a ten foot (10') wide water line easement, being 0.16 acre out of City Plat D-28, Tract 23, H. Williams Survey, as described in Exhibit"A"and shown on Exhibit"B" attached hereto,to the City of Beaumont for the purpose of providing mandatory access for fire protection services to 1650 East Lucas and allowing 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 Stone Way II, L.P., as described in Exhibit "A" and shown on Exhibit "B," be and the same is hereby accepted for the purposes stated. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of February, 2010. -�. V� ,44 LLE d Mayor Becky Ames - FA UST Engineering and Surveying, Inc. PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS TELEPHONE(409)81 3-341 0 E-MAIL ADDRESS INFO @FAUSTENG.COM FAX (409)813-3484 2525 CALDER STREET BEAUMONT,TEXAS 77702 EXHIBIT A FIELD NOTE DESCRIPTION FOR A 0.16 ACRE 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF THE H. WILLIAMS, JR., ABSTRACT NO.57 BEA UMONT, JEFFERSON COUNTY, TEXAS December 29, 2009 That certain 0.16 acre tract being a 10 foot wide strip of land situated in the H. Williams, Jr., Abstract No. 57, Jefferson County, Texas and being out of a called 7.58 acre tract as conveyed to Stoneway II Limited Partnership and described in Clerk's File No. 2008042859 of the Jefferson County Real Property Records; said 0.16 acre tract of land being more particularly described by metes and bounds as follows: Note: The reference bearing used for the basis of bearing in this description is the north line of the 7.58 acre tract(North 77°27'00" East). BEGINNING at a 5/8" iron rod found at the northeast corner of a called 15.453 acre tract conveyed to Stoneway Limited Partnership and described in Clerk's File No. 2004036326 of the Jefferson County Real Property Records; said iron rod being an interior corner on the south line of said 7.58 tract; THENCE North 89°25'06" West (called North 89°40'33" West) along the north line of said 15.45') acre tract and the south line of said 7.58 acre tract, a distance of 10.00 feet to a set ''/2" iron rod; THENCE North 00°22'32" West, a distance of 48.02 feet to a set ''/2" iron rod; THENCE North 45°31'54" East, a distance of 14.77 feet to a set ''/z" iron rod; THENCE South 89°37'54" East, a distance of 100.54 feet to a set ''/z" iron rod; Page 1 of 2 EXHIBIT A LEGAL FOR EASEMENT THENCE North 00 022'06" East, a distance of 25.46 feet to a set '/2" iron rod; THENCE South 89°37'54" East, a distance of 10.00 feet to a set t/2" iron rod; THENCE South 00°22'06" West, a distance of 25.46 feet to a set 1/2" iron rod; THENCE South 89°37'54" East, a distance of 460.11 feet to a set %2" iron rod; THENCE North 00°22'06" East, a distance of 27.30 feet to a set '/2" iron rod; THENCE South 89°37'54" East, a distance of 10.00 feet to a set '/2" iron rod; THENCE South 00°22'06" West, a distance of 27.30 feet to a set 1/2" iron rod; THENCE South 89°37'54" East, a distance of 3.21 feet to a set '/2" iron rod; THENCE South 00°22'06" West, a distance of 10.00 feet to a set 1/2" iron rod; THENCE North 89°37'54" West, a distance of 579.74 feet to a set '/2" iron rod; THENCE South 45°31'54" West, a distance of 6.41 feet to a set '/2" iron rod; THENCE South 00°22'32" East, a distance of 43.96 feet to the POINT OF BEGINNING containing 0.16 acres of land, more or less. This description and the accompanying plat were prepared from a Boundary Survey performed under the supervision of Richard F. Faust, P.E., Registered Professional Land Surveyor No. 4782 on December 8, 2009. OF l� RICHAM F.FAUST 4782 � aP�O�. RICHARD F. FAUST suR`��y REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 Page 2 of 2 EXHIBIT B 4 Site Note: The reference bearing used \ for the basis Of bearing is the e north line of the 758 acre tract CALLED 7.58 ACRES v STONE WAY II LIMITED PARTNERSHIP o N North 772700"Eos t). N CLERK'S FILE NO# 2008042859 c �GpS 4 JCRPR NZ EpSi L � o 0 r o SCALE. 1"= 60' S,L5 ; o 5 0.16 Acres a S 89 3754° E co VACINITY MAP L8 100.54' — — — S 89 37 54` E 460.11' N T 5 _ — — — — — — — — — — _ _ J I L10 - - - - - - - - - - - - - - -- - - - - - - - - - - l �L12 — — — — — N 893754° W 579.74 — — �— L2 L13 PROPOSED 10' !2"DE PROPERTY LINE WA TERLIA,E EA SEMEV T N 89'25'06" W POINT OF/BEG INNING (CALLED N 99'40'33°W) L 1 FOP�ROb 8 N 00.22'32" W 49.36' (CALLED N 0071 08"W 49.37) CALLED 15.457 ACRES STONE WAY LIMITED PARTNER5HIP CLERK'S FILE NC#2004036326 FOUND 518" PR PERTY L/NE IRON POD N 89'37'49" JCRPR (CALLED N 897701 1 "' W) ARTHUR L. VAN DORN REMAINDER OF A 47.729 ACRE TRACT VOL. 1971 PG. 187, D.R.J.0 ` � LINE TABLE LINE BEARING LENGTH u N 89'25 06 w 10.00 A RIC ARD F. FAUST L2 N 00'22'32" W 48.02 L3 N 45'3,'54" E ,4.77' >0 FOOT WIDE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 L4 N 00'22'06" E 25.46 EXCLUSIVE WATERLINE EASEMENT PREPARED BY: LS S 89'37'54" E 10.00' OUT OF Date: 12/29/09 L6 S 00'22'06" W 25.46' 0-F L8 T L7 N 00'22'06" E 27.30' A La 5 89'37'54 E o.ao L9 s o ' 7.58 ACRE TRACT o•zz'o6" w 2 213 OUT OF THE �:`Q a•.� L10 S 89'37'54" E ......................................... 3.2,' ......RICHARD F.FAUST u, s 00-22'06" w 0.00' HEZEKIAH WILLIAMS, JR. SURVEY L, S 45'3,'54" W 6.a,' ABSTRACT N0.57 ENGINEERING AND SURVEYING,INC. 09 4782 Qv:� L13 S 00"22'32" E 43.96' BEAUMONT, JEFFERSON COUNTY, TEXAS eszs CALDER STREET FAx(4 9) l3-34»»Z �Rr (a09I 813-3a1p . FAx(s09)Bt3-31g4 �/ `]J\,.•'_\ 090639 SUB Illillllillllllllllllllllllllllllllllllllillllllillllllllill EAS 2010006923 6 PGS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, STONE WAY II, L. P., a Texas limited partnership, of the State of Texas, 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 Exhibits "A" and "B", 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 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. 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 , 2010. GRANTOR: STONE WAY 11, L Texa limited partnership r By Printed Name Title ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OFi W.r 0 X (� The foregoing instrument was acknwledged before me on Fe L 2-2 ,2010, by C, ( I , the-Me-S. n� �9 P of STONE WAY , 11, L. P. a Texas limited partnership, on behal of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 2Z day of � _ ' 2010. Notary Public, State o -. BRENDA DELL COOPER Notary Public,state of Texas RETURN TO: My Commission Expires JULY 29,2013 City of Beaumont Ilona N.Baker P. O. Box 3827 Beaumont, TX 77704 \.stone_hearst_sr FAUST Engineering and Surveying, Inc. PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS TELEPHONE(409)813-3410 E-MAIL ADDRESS INFO@FAUSTENG.COM FAx(409)813-3484 2525 CALDER STREET BEAUMONT,TEXAS 77702 EXHIBIT A FIELD NOTE DESCRIPTION FOR A 0.16 ACRE 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF THE H. WILLIAMS, JR., ABSTRACT NO.57 BEA UMONT, JEFFERSON COUNTY, TEXAS December 29, 2009 That certain 0.16 acre tract being a 10 foot wide strip of land situated in the H. Williams, Jr., Abstract No. 57, Jefferson County, Texas and being out of a called 7.58 acre tract as conveyed to Stoneway II Limited Partnership and described in Clerk's File No. 2008042859 of the Jefferson County Real Property Records; said 0.16 acre tract of land being more particularly described by metes and bounds as follows: Note: The reference bearing used for the basis of bearing in this description is the north line of the 7.58 acre tract(North 77°27'00" East). BEGINNING at a 5/8" iron rod found at the northeast corner of a called 15.453 acre tract conveyed to Stoneway Limited Partnership and described in Clerk's File No. 2004036326 of the Jefferson County Real Property Records; said iron rod being an interior corner on the south line of said 7.5 8 tract; THENCE North 89°25'06" West (called North 89°40'33" West) along the north line of said 15.453 acre tract and the south line of said 7.58 acre tract, a distance of 10.00 feet to a set 1/2" iron rod; THENCE North 00'22'32" West, a distance of 48.02 feet to a set 'I/2" iron rod; THENCE North 45°31'54" East, a distance of 14.77 feet to a set 'I/2" iron rod; THENCE South 89°37'54" East, a distance of 100.54 feet to a set V2" iron rod; Page 1 of 2 EXHIBIT A LEGAL FOR EASEMENT THENCE North 00°22'06" East, a distance of 25.46 feet to a set 1/2" iron rod; THENCE South 89'37'54" East, a distance of 10.00 feet to a set ''/2" iron rod; THENCE South 00'22'06" West, a distance of 25.46 feet to a set '/z" iron rod; THENCE South 89'37'54" East, a distance of 460.11 feet to a set %2" iron rod; THENCE North 00°22'06" East, a distance of 27.30 feet to a set I/2" iron rod; THENCE South 89°37'54" East, a distance of 10.00 feet to a set 1/2" iron rod; THENCE South 00°22'06" West, a distance of 27.30 feet to a set 1/2" iron rod; THENCE South 89°37'54" East, a distance of 3.21 feet to a set %2" iron rod; THENCE South 00°22'06" West, a distance of 10.00 feet to a set 1/2" iron rod; THENCE North 89°37'54" West, a distance of 579.74 feet to a set 1/2" iron rod; THENCE South 45°31'54" West, a distance of 6.41 feet to a set V2" iron rod; THENCE South 00°22'32" East, a distance of 43.96 feet to the POINT OF BEGINNING containing 0.16 acres of land, more or less. This description and the accompanying plat were prepared from a Boundary Survey performed under the supervision of Richard F. Faust, P.E., Registered Professional Land Surveyor No. 4782 on December 8, 2009. co: '�� 9'�d ycn rf�tlAFD F,.FAIJ T RICHARD F. FAUST SUAyti REGISTERED PROFESSIONAL LAND SURVEYOR N0. 4782 Page 2 of 2 EXHIBIT B sfrB Note: The reference bearing used r for the basis of bearing is the N north fine of the 7.58 acre tract CALLED 7.58 ACRES (North 772700"Ecst). STONE WAY If LIMITED PARTNERSHIP = CLERK'S FILE NO#2008042859 JCRPRy z c SCALE 1"= 60• o a L,5 F-] 0.16 Acres VACINITY MAP L8 S 8937 54" E � cp N.T.S. n 100.54' — S 89:3754" E 460.11' J — — — — — — — �L 12 N 89 37 54" W 579.74' — — — — — L2 I I L 13 PROPOST=D 10' WDE WA TERL/NE EASEMENT PROPERTY LINE- N 89'25'06" N POINT OF BEGINNING (CALLED N 894033" W) L1 /RN FOUND 8" N 00'22'32" R 49.36' (CALLED N 002f'08- W 49.37) CALLED 15.453 ACRES STONE WAY LIMITED PARTNERSHIP PROPERTY LINE CLERK'S FILE NO/2004036326 FOUND 518" N 89'37'49"W JCRPR IRON ROD (CALLED N 893701"W) ARTHUR L. VAN DORN REMAINDER OF A 47.729 ACRE TRACT VOL. 1971 PG. 187,D.R.J.0 % LINE TABLE LINE BEARING LENGTH Lt N 8 w 10.02 A RIC ARD F. FAUST L2 N 00'20.2 2'3'3 2" W 48.02 0 FOOT WIDE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 L3 N 45'31'54" E 14.77' L4 N 00.22'06" E 25.46' EXCLUSIVE WATERLINE EASEMENT PREPARED BY: L5 5 89'37'54" E 10.00' OUT OF Date: 12/29/09 L6 S 0022'06" W 25.46' A OF•.T L7 N 00'22'06" E 27.30' :G�gTF9 f9 L8 S 89'37'54" E 10.00' 7.58 ACRE TRACT o c� e Ls s 00'22'06" w 27.30' OUT OF THE .......:• ••......••......•••••••N.. L10 S 89'37'54" E 3.00 HEZEKIAH WILLIAMS, JR. SURVEY PoCFIARD...FAUST L11 5 00'22'06" W 10.00' CF NGINEERING AND SURVEYING,INC. f••.A9 4782 Q"Q L72 S 4531'54" W 6,41' ABSTRACT N0.57 2525 CAL STREET BEAU DNT.TEXAS 77108 9•.Q/C�e�\ ,•,O L13 S 00'22'32" E 43.96' BEAUMONT, JEFFERSON COUNTY, TEXAS µDW 613-3410 FAXµD91 813-3184 V 1` 090639 •suR�`� D RECCRDE0 F ILEA AN OFFICIAL PUBLIC RECORDS - 2 010 Feb 25, 01:28 PM 2010006923 PERKINS $32,00 UIDRi, CoUt4.T,( CLERK CAROLYN L• G JEFFERSON COUNTY, TEXAS