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HomeMy WebLinkAboutRES 10-300 RESOLUTION NO.10-300 WHEREAS, Motiva Enterprises, LLC has agreed to convey a one hundred twenty (120)square footwater line easement, said easement being out of the Pelham Humphreys Survey, Abstract No. 32, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of providing fire protection services for its Beaumont Terminal on West Port Arthur Road; 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 statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the easement conveyed by Motiva Enterprises, LLC, 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 16th day of November, 2010. �1 / - Mayor Becky Ames - l� STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT,MOTIVA ENTERPRISE,LLC.,ofthe County of Harris,State ofTexas, 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 us 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 lines and appurtenances on the hereinafter described lands which said easement is under,over,in and across those certain tracts or parcels 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 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 ofBeaumont 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. EXHIBIT"A" 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 easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of 2009. GRANTOR: MOTIVA ENTERPRISES,LLC By: Printed Name: Title: ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF HARRIS X BEFORE ME,the undersigned authority, on this day personally appeared of MOTiVA ENTERPRISES,LLC.,known to me to be the person and officer whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of ,2010. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P.O.Box 3827 Beaumont,TX 77704 E301"IT "A►' Legal Description:. 120.0 Square Feet Water Meter Easement Out of and Part of Lot 1 Beaumont Motiva Subdivision Volume 16, Page 298,Map Records Pelham Humphreys Survey,Abstract No. 32 Jefferson County,Texas BEING a 120.0 square foot water meter easement situated in the Pelham Humphreys Survey, Abstract No. 32, Jefferson County, Texas, and being out of and part of Lot I of the Beaumont Motiva Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 16, Page 298, Map Records, Jefferson County, Texas,. said 120.0 square foot tract being more particularly described as follows: NOTE. All bearings are based on the West right-of-way line of Spur 93 as SOUTH 27°4535"EAST as recorded on the final plat of Beaumont Motiva Subdivision as recorded in Volume 16 e Pa g 298 Map Records, Jefferson County, Texas. All set 518"iron rods set with a cap stamped"M.W. 9%iteley&Associates". COMMENCING at an iron rod with a cap found for the most Northerly corner of the said Lot 1, said comer also being n the West right-of-way line of S ur 93 also known as West Port Arthur Road ri t-of- g P � )t � way width varies); ')HENCE SOUTH 27 04606" EAST, along and with the West right-of-way line of Spur 93 and the East line of the said Lot 1, for a distance of 218.44 feet to a 5/8" iron rod set for the most Northerly comer and POINT OF BEGINNING of the tract herein described; THENCE SOUTH 27°46'06" EAST, continuing along and with the West right-of-way line of Spur 93 and the East line of the said Lot 1,for a distance of 10.00 feet to a 518" iron rod set for comer,from said corner •found iron rod with a Texas Department of Transportation aluminum cap bears SOUTH 27 14606" EAST •distance of 261.68 feet; THENCE SOUTH 62 013'54" WEST, perpendicular to the West right-of-way line of Spur 93 and the East line of the said Lot 1,for a distance of 12.00 feet to a point for corner; THENCE NORTH 27 046'06" WEST,parallel to the West right-of-way line of Spur 93 and the East line of the said Lot l,for a distance of 10.00 feet to a point for corner; THENCE NORTH 62 013'.54" EAST, perpendicular to the West right-of-way line of Spur 93 and the East line of the said Lot l,for a distance of 12.00 feet to the POINT OF BEGINNING and containing 120.0 Square Feet,more or less. Surveyed on September 21, 2010. This legal description is being submitted along with a plat based on this survey XHIB OF J- ,��, Thomas S. owe,RPLS No. 5728 t+ AS S ROWE `�4 X728 4s� WA20161,10-5 8 611 0-5 8 6m&b.doe S.D MARK W WRITELEY AND ASSOCIATE,ING NOTE., 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING M OWNERSHIP OR TITLE, 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL S'C JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD ��0, SPUR 93 OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED T I or r BFIUM DR IMPLIED. PROPERT SUBDMSION 3. ALL SET 518" IRON RODS SET WITH A CAP STAMPED "M.W. WHITELEY & ASSOCIATES". oa LIN_ET BEARING DISTANCE L1 �.. S27'46'06"E 10.00' _ L2 S62'1 3'54"W 12.00 SPUR 93 VICINITY MAP L3 N27'46'06"W 10.00' L4 N62'1354 E 12.00' (ALSO KNOWN AS WEST PORT ARTHUR ROAD) N.T.S. (RIGHT OF WAY VARIES) (CALL S27-46-27-E 490.24) REFERENCE BEARING PER FND S27'46'06"E 490.12' VOL. 16, PG. 298, MRJC SET 5/8" SET 5/8" FND Tx D0 (CALL S27'4535 E' 1385.48) FND TxDOT r. R r. ROD CONC.MONU. FND S2T4535 E 1385.44' CONC.MONU. S27'46'06"E 218.44' X x x — FND S27 46'06 E 261.68' \�-P-Oic POB 120.0 SQ. FT. ~ WATER METER EASEMENT FND. I. ROD CALL. CALL. _ WITH CAP AT MOST NORTHERLY CORNER CORNER W CORNER OF LOT 1 O(S SURVEY REMAINDER OF CALLED Ht1MpMR 195.97 ACRES, TRACT 1 pEWAM PACT No.32 CLARK PORT ARTHUR .LOT ABS PIPELINE COMPANY �S CF. N0, 95-9505625 A SURD 10 OPRJC UMONT MO, 29$ TO THE OF THE PREMISES SURVEYED � ` VOL, f I._ THOMAS S. ROW£ DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY EXHIBIT "B" MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LECALLY DESCRIBED REFER TO EXHIBIT 'A" HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. FOR LEGAL DESCRIPTION DATE SURVEYED, SEPTEMBER 21, 2010 OF cusyr., 110TIVA SURVEY OF A 120.0 SQUARE FEET WATER coo 14 o Y ; w :or ro_ a METER EASEMENT ...........H....>..>.y>•»•« 16-586 io- 6.D c ja OUT OF AND PART OF LOT I. THOM AS B. MARK w. 11HITLLBY BEAUMONT MOTIVA SUBDIVISION ••.•z9' 5128 *rr AN1 ASS0C1ATS8 9''•°yes sk°?'y� INCORPORATED VOLUME 16, PAGE 298 ©'''•••••• ��, CONffi TM MGM=. MAP RECORDS SUt� � N m PELHAM HUMPHREYS SURVEY, .m Hoe wo�c ABSTRACT N0. 32 F. 0. THOMAS S. ROWE — REGISTERED PROFESSIONAL LAND SURVEYOR No. 5728 Be1i1 .. a -6°' aq'",a1°°""twe--„'u00 JEFFERSON COUNTY, TEXAS RESOLUTION NO.10-300 WHEREAS, Motiva Enterprises, LLC has agreed to convey a one hundred twenty (120)square foot water line easement, said easement being out of the Pelham Humphreys Survey, Abstract No. 32, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of providing fire protection services for its Beaumont Terminal on West Port Arthur Road; 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 statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the easement conveyed by Motiva Enterprises, LLC, 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 16th day of November, 2010. S - Mayor Becky Ames - IIIIIIIIIIIilllllllllllllllllllllllllllllllllllillillllillll EAS 2010043621 5 PGS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT,MOTIVA ENTERPRISE,LLC.,of the County of Harris,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 us in hand paid by the CITY OF BEAUMONT,a municipal corporation domiciled in Jefferson County,Texas,hereinafter called"GRANTEE",the receipt and sufficient of which consideration is hereby cknowledged,has p Y Y 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 lines and appurtenances on the hereinafter described lands which said easement is under, over,in and across those certain tracts or parcels 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 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 easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of / ' ,20X./0 GRANTOR: MOTIVA ENTERPRISES, LLC By: rn UJI Printed Name: Title: ° ' M t'va, 0,;to b"id , ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF HARRIS X V ORE ME,then dersigned authori , on this day personally appeared IV(wry► 1y,At,/t� *oTIVA ENTERPRISES, LLC., known to me to be the person and officer whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this ��day of f Av2010. 9,IAWXY MY #" . �,8918 Notxry Public, Staq Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O. Box 3827 Beaumont,TX 77704 EXHIBIT "A" Legal Description: 120.0 Square Feet Water Meter Easement Out of and Part of Lot 1 Beaumont Motiva Subdivision Volume 16, Page 298,Map Records Pelham Humphreys Survey,Abstract No. 32 Jefferson County,Texas BEING a 120.0 square foot water meter easement situated in the Pelham Humphreys Survey, Abstract No. 32, Jefferson County, Texas, and being out of and part of Lot 1 of the Beaumont Motiva Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 16, Page 298, Map Records, Jefferson County, Texas, said 120.0 square foot tract being more particularly described as follows: NOTE: All bearings are based on the West right-of-way line of Spur 93 as SOUTH 27°4535"EAST as recorded on the final plat of Beaumont Motiva Subdivision as recorded in Volume 16, Page 298, Map Records, Jefferson County, Texas. All set 518"iron rods set with a cap stamped "M.W. Whiteley &Associates". COMMENCING at an iron rod with a cap found for the most Northerly corner of the said Lot 1, said corner also being in the West right-of-way line of Spur 93 (also known as West Port Arthur Road)(right-of- way width varies); THENCE SOUTH 27 04606" EAST, along and with the West right-of-way line of Spur 93 and the East line of the said Lot 1, for a distance of 218.44 feet to a 5/8" iron rod set for the most Northerly corner and POINT OF BEGINNING of the tract herein described; THENCE SOUTH 27 046'06" EAST, continuing along and with the West right-of-way line of Spur 93 and the East line of the said Lot 1, for a distance of 10.00 feet to a 5/8" iron rod set for corner, from said corner a found iron rod with a Texas Department of Transportation aluminum cap bears SOUTH 27°46'06" EAST a distance of 261.68 feet; THENCE SOUTH 62 013'54" WE perpendicular to the West right-of-way line of Spur 93 and the East line of the said Lot 1, for a distance of 12.00 feet to a point for corner; THENCE NORTH 27 046'06" WEST, parallel to the West right-of-way line of Spur 93 and the East line of the said Lot l,for a distance of 10.00 feet to a point for corner; THENCE NORTH 62 013'54" EAST, perpendicular to the West right-of-way line of Spur 93 and the East line of the said Lot l,for a distance of 12.00 feet to the POINT OF BEGINNING and containing 120.0 Square Feet, more or less. Surveyed on September 21, 2010. This legal description is being submitted along with a plat based on this survey XHIB " "). O F ffflfff R..f.fN•Y.•Y•ff.• Y•.•. Thomas S. Rowe, RPLS No. 5728 THOMAS•S:St7W , 5728 4�P;/•� W:1.2010\10-586\10-586.&b.doc f•0F�Sg10•.•,'.! SUS r MARK W. WHITELEYAND ASSOCIATES,INC. Ex b1 t NOrE NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TITLE. 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION �ql� AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD 1 SPUR 93 j OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL Jr LOT 1 OF SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED o SUBJECT, BEAUMONT MOTIVA OR IMPLIED. PROPERTY SUBDIVISION 3. ALL SET 518" IRON RODS SET WITH A CAP STAMPED "M.W. WHITELEY & ASSOCIATES" ova c. m LINE BEARING DISTANCE L1 S27'46'06"E 10.00' _ L2 S62'13'54"W 12.00' SPUR 93 VICINITY MAP L3 N27'46'06"W 10.00' (ALSO KNOWN AS WEST PORT ARTHUR ROAD) N.T.S. L4 N62'13'54"E 12.00' (RIGHT OF WAY VARIES) ((-ALL S27'46'27"E 490.24) REFERENCE BEARING PER FND S27'46'06"E 490.12' VOL. 16. PG. 298, MRJC SET 5/8" SET 5/8" FND Tx00 (CALL S27'4535 E 1385.48) FND TxOOT 1. ROD Ll I. ROD CONC. FND S27.45 35 E 1385.44' CONC.MONU. —x x x — FND S27'46'O6 E 261.68' S27'46'06"E 218.44' PD c POB -a 120.0 SQ. FT. FND. I. ROD WATER METER EASEMENT WITH CAP AT MOST NORTHERLY CORNER L3 CORNER SURVEY CORNER OF LOT 1 PHREYS 95.97 ACRES, RACTD T PE NO. 32 CLARK PORT ARTHUR PIPELINE COMPANY LO IVISION CF. NO.O95-9505625 r MOrnA SUB$ TO THE OWNERS OF THE PREMISES SURVEYED BEAUMONT 16r PC7, 29 AS OF THE DATE OF THE SURVEY.• MR]C I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY EXHIBIT "B" MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED REFER TO EXHIBIT "A" HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME FOR LEGAL DESCRIPTION OF THE SURVEY. CLIENT: DATE SURVEYED: SEPTEMBER 21, 2010 � MOTIVA SURVEY OF A -Cdo 4-4 T 120.0 SQUARE FEET WATER *•• DR 6Y: 900 SCALE: SHEET No.: ��;••G�S T EA'L r VER: ACAD 2009 1 of 1 Uj�a Fp:05 roe No. ME: W.\2010\10-586\ REV METER EASEMENT 10-586 10-586.DWG o OUT OF AND PART OF LOT I TH.... S. +MARK . WHITELEY BEAUMONT MOTIVA SUBDIVISION ....<.••5, 5728 Q D ASSOCIATES VOLUME 16, PAGE 298 < O E 3 S �" INCORPORATED% . O MAP RECORDS '••.. .• TING ENGINEERS,SU ORS, AND PLANNERSO pELHAM HUMPIiREYS SURVEY, .j M ABSTRACT NO. 32 P. 0. BOX 54OB am MB4mI►ROY. BOAUYOM. ''MS?"W-5M B61110WL T=9"M JEFFERSON COUNTY, TEXAS THOMAS S. ROWE - REGISTERED PROFESSIONAL LAND SURVEYOR No. 5728 .BB-eez-o� jTW 40-BBB-1a+s