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Home My WebLink AboutRES 11-166 RESOLUTION NO. 11-166 WHEREAS,Arnbe Property Management, Ltd. has agreed to convey a ten(10)foot wide exclusive water line easement, said easement being 0.4403 acre out of Samuel Stivers League, Abstract No. 51, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose providing mandatory access to the water lines and fire hydrants for property located at 7390 IH-10 South and allowing for the construction, alteration 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 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 Arnbe Property Management, 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 7th day of June, 2011. AV Lk, 1 , iX r611+�1 t - or Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, ARNBE PROPERTY MANAGEMENT, LTD, of the County of Jefferson, 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 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 waterlines 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 &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. EXHIBIT "A" 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 BEAUMON'T, its successors and assigns forever. EXECUTED this day of , 2011. GRANTOR: ARNBE PROPERTY MANAGEMENT, LTD By: Printed Name: Title: ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared RICK STEWART, President of ARNBE PROPERTY MANAGEMENT, LTD, 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 , 2011. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O. Box 3827 Beaumont,TX 77704 EXHIBIT "A" 10' Wide Exclusive Waterline Easement Legal Description: 0.4403 Acre Tract or Parcel of Land Samuel Stivers League, Abstract No. 51 Jefferson County,Texas BEING a 0.4403 acre tract or parcel of land situated in the Samuel Stivers League, Abstract No. 51, Jefferson County, Texas and being out of and part of that certain called 10.7503 acre tract of land as described in a "Special Warranty Deed" from K. H. Phelan Land L.P. to Arnbe Property Management, Ltd., as recorded in Clerk's File No. 2008000920, Official Public Records of Real Property, Jefferson County, Texas, said 0.4403 acre tract being more particularly described as follows: NOTE. All bearings are based on the Northeasterly line of the said 10.7503 acre Arnbe Property Management, Ltd. tract as SOUTH 27"00'36" EAST as recorded in the above referenced Clerk's File No. 2008000920, Official Public Records of Real Property, Jeff rson County, Texas. COMMENCING at a 5/8" iron rod found for the most Easterly corner of the above referenced 10.7503 acre Arnbe Property Management, Ltd. tract, said corner also being the Southwest corner of that certain called 0.073 acre tract of land as described in a "Special Warranty Deed" from K H Phelan Land L.P. to the State of Texas as recorded in Clerk's File No. 2002006638, Official Public Records of Real Property, Jefferson County, Texas and also being the Northwest corner of that certain called 0.104 acre tract of land as described in a deed from Mary Ann Smith, Individually and as Independent Executrix of the Estate of William D. Smith, deceased, to the State of Texas as recorded in Clerk's File No. 98-9828379, Official Public Records of Real Property, Jefferson County, Texas, and said corner also being in the Westerly right-of-way line of F.M. Highway 364 (also known as Major Drive), THENCE NORTH 27°00'36" WEST, for the boundary between the said 10.7503 acre Arnbe Property Management, Ltd. tract and the said 0.073 acre State of Texas tract, for a distance of 74.94 feet to a point for corner and the POINT OF BEGINNING of the tract herein described; THENCE SOUTH 62 02748" WEST, over and across the said 10.7503 acre Arnbe Property Management, Ltd. tract, for a distance of 132.47 feet to a point for corner; THENCE SOUTH 70 048'58" WEST, over and across the said 10.7503 acre Arnbe Property Management, Ltd. tract, for a distance of 268.75 feet to a point for corner; THENCE SOUTH 00 006'00" WEST, over and across the said 10.7503 acre Arnbe Property Management, Ltd. tract, for a distance of 58.27 feet to a point for corner, said point being in the Northerly Southeast line of said 10.7503 acre Arnbe Property Management, Ltd. tract; THENCE SOUTH 70 048'58" WEST, over and across the said 10.7503 acre Arnbe Property Management, Ltd. tract, passing; at a distance of 33.06 feet a 5/8" iron rod found for an interior Pa e 1 of 3 h1ARKW 1 i/F//Tr:LF.r'AR'D;I.SSOC7i1TBS,INC. ell corner of said 10.7503 acre Arnbe Property Management, Ltd. tract, and continuing for a total distance of 141.78 feet to a point for corner; THENCE NORTH 90 000'00" WEST, over and across the said 10.7503 acre Arnbe Property Management, Ltd. tract, for a distance of 310.22 feet to a point for corner; THENCE NORTH 00 000'00" EAST, over and across the said 10.7503 acre Arnbe Property Management, Ltd. tract, for a distance of 10.00 feet to a point for corner; THENCE NORTH 90 000'00" EAST, over and across the said 10.7503 acre Ambe Property Management, Ltd. tract, for a distance of 308.53 feet to a point for corner THENCE NORTH 70 048'58" EAST, over and across the said 10.7503 acre Arnbe Property Management, Ltd. tract, for a distance of 133.00 feet to a point for comer; THENCE NORTH 00°06'00" EAST, over and across the said 10.7503 acre Arnbe Property Management, Ltd. tract, for a distance of 398.51 feet to a point for corner; THENCE NORTH 90 000100" WEST, over and across the said 10.7503 acre Arnbe Property Management, Ltd. tract, for a distance of 434.05 feet to a point for corner; THENCE NORTH 00°00'00" EAST, over and across the said 10.7503 acre Arnbe Property Management, Ltd. tract, for a distance of 10.00 feet to a point for corner; THENCE NORTH 90 000'00" EAST, over and across the said 10.7503 acre Arnbe Property Management, Ltd. tract, for a distance of 652.03 feet to a point for corner in the Southerly right- of-way line of Interstate Highway 10; THENCE SOUTH 74°42'43" EAST, along and with the Southerly right-of-way line of Interstate Highway 10, for a distance of 37.93 feet to a point for corner, and from said corner a 5/8" iron rod bears SOUTH 74°42'43" EAST a distance of 30.47 feet marking the intersection of the Southerly right-of-way line of Interstate Highway 10 and the Westerly right-of-way line of F.M. Highway 364; THENCE NORTH 90 000'00" WEST, over and across the said 10.7503 acre Arnbe Property Management, Ltd. tract, for a distance of 244.56 feet to a point for corner; THENCE SOUTH 00 006'00" WEST, over and across the said 10.7503 acre Ambe Property Management, Ltd. tract, for a distance of 336.76 feet to a point for corner; THENCE NORTH 70 048'58" EAST, over and across the said 10.7503 acre Arnbe Property Management, Ltd. tract, for a distance of 264.52 feet to a point for corner; THENCE NORTH 62°27'48" EAST, over and across the said 10.7503 acre Arnbe Property Management, Ltd. tract, for a distance of 131.83 feet to a point for comer in the Westerly right- of-way line of F.M. Highway 364; Page 2 of 3 A--LARK W WHITE LEYAND AS.SOClAT/_•'S,INC. THENCE SOUTH 2700036" EAST, along and with the Westerly right-of-way line of F.M. Highway 364, for a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.4403 ACRES, more or less. Based on a survey prepared on October 17, 2007. This legal description is being submitted along with a plat based on this survey. (See Exhibit "B") G 1 S 7 g 9.%9 •Ar Thomas S. Rowe RPLS No. 5728 THOMAS 8.RQWE �'•9 5728 W:2010.10-B4 10-334 Walttline Fawneom m&.Kdnc /�l,�V� �/} •�pE S S �`•„n�C, 'tom^•......+ • CJ S L ' Pale 3 of 3 MARK W ►i/I1ITELEYANDASSOCIATES,INC. INT ERSTAI'E HIG 'AY 10 0 L13 L24 L15 cv Ll 1 ' L16 FND 5/B L ROD A rGN)s \ R CALLED 0.073 ACRES ��C SC.4LL' 1 =100 10.00' STATE OE 20020006638 pl c^ )o *C� �1 OPRJC �$ FND 0.4403 ACRES POB 10' WIDE EXCLUSIVE WATERLINE EASEMENT 4 ':° 0 LINE BEARING DISTANCE ..a v d - L, N27'00'36"W 74.94' CD I2Q Aso -goo L2 S62'27'48 132.47' U L3 S70'48'58"W 268.75' •-3 ti�9 �2 L4 S0706'00"W 58.27' N Ls S7—V-48-'5-8'V— 141.78 Z L6 N90 DO 00 310.22' CALLED ,0.7503 ACRES ARNBE PROPERTY MANAGEMENT LTD. o ��` L7 N00 OD'00"E 10.00' C.F. NO. 2008000920 o KL14 N90'00'00"E 308.53' Opp N70'48 58 E 133.00' m N00'0600 E 398.51' 1'�8 ✓� X N90'00'00'W 434.05' = NOO'00 OO"E 10.00' y`3 N90'00'00"E 652.03' FND 5/8" 574'42'43"E 37.93' a62}3j1 I. ROD L15 57a 42 43 E 30.47 10.00' STG48asg^8 ,6'L ` L16 N90'00'00'W 244.56' 4NOt S�Q L17 S00'0600 336.76 d. tCN L18 N70'48'58"E 264.52 a CALLED 0.104 ACRES L19 N6227 48 131.83' CALLED 3 ACRES STATE OF TEXAS L20 S2T 00 36"E 10.00' VOL 1968. PG. 70 OPRJC W.D. SMITH CF. No. 98-9828379 \ o L9 L21 570 48'581N 33.06' o ORJC o FNO 5/8" Z- LS 1. ROODO >a TO THE OWNERS OF THE PREMISES SURVEYED L6 AS OF THE DATE OF THE SURVEY: I THOMAS S. ROWE DO HEREBY CERTIFY TWT THIS SURVEY WAS THIS DAY WENT. BEAUMONT FREIGHTLINER MADE ON THE SURFACE OF THE GROUND OF THE PROPERLY LEGALLY DESCRIBED OR Br: SW scmy: �tEEY�: HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. VM AC4D zoos T°=Too' T or T 0.4403 ACRE EXCLUSIVE JOB NO. PAE7 W:\2011\10-354\ REV. BASED ON A SURVEY DATED: OCTOBER 17, 2007 10-354 19-354- EmOrAM-0-91 0 WATERLINE EASEMENT (G, OF �� ss MARK W. WH[TELEY 5 ��,, s_ . • SAMUEL STIVERS LEAGUE EXHIBIT B AND ASSOCIATES • t1`'• a INCORPORATED �•Q d'.N REFER TO EXHIBIT ' ABSTRACT NO. 51 ,....,,..... ♦Ntl N...... FOR LEGAL DESCRIPTION COR80LT1„D TLiG1gEERS. JEFFERSON COUNTY TEXAS 1 7HOf1AAS S. RO VIE : suRVero,s, AIID FuNdERS N.N.NIV♦♦♦♦♦♦. T� O ♦1), j 5111 'i, •`:9 tJ7�8 I-.*`t Fm J P. 0. 9071 610E JEfO L16Imt fMl. THOMAS S. RQWE REGISTERED PROFES51 28 auu7[*N-> �-s/sa 9 rA*� 13" L!