HomeMy WebLinkAboutRES 11-193 RESOLUTION NO. 11-193
WHEREAS, Nayfro Partners, Ltd. has offered to convey a ten foot(10')wide water
line easement, said easement being 0.094 acres out of Lot 29, J.W. Survey,Abstract No.
7 located at 3415 West Cardinal Drive, as described in Exhibit "A" and shown on Exhibit
"B" attached hereto, to the City of Beaumont for the purpose of placing, constructing,
operating, repairing, rebuilding, relocating and/or removing water lines and appurtenances
to the construction of a facility located at 3415 West Cardinal Drive; 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 Nayfro Partners, 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 12th day of July,
2011. � A
- MAibr Becky Ames -
F
JlllV`'
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT,NAYFO PARTNERS,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 Exhibit "A",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 Iaw.
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 BEAUMONT, its successors and assigns forever.
EXECUTED this day of , 2011.
GRANTOR:
NAYFO PARTNERS, LTD
By:
Printed Name:
Title:
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared
as of NAYFO PARTNERS, 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"
METES AND BOUNDS DESCRIPTION OF A
10 FEET WIDE TRACT OF LAND FOR WATERLINE
EASEMENT PURPOSES SITUATED IN THE J.W.BULLOCK
SURVEY,ABSTRACT NO.7,BEAUMONT,
JEFFERSON COUNTY,TEXAS
Being a 10 feet wide tract or parcel of land for waterline easement purposes out of Lot 29 of the
M.C. Cartwright Subdivision as recorded in Volume 4, Page 194 of the Map or Plat Records,
County Clerk's Office,Jefferson County,Texas, as situated in the J.W. Bullock Survey,Abstract
No. 7,Jefferson County, Texas, said 10 feet wide tract also being a portion of that certain tract of
land (called 8.482 acres) as conveyed by deed dated October 17, 2005 from E.G. Cordts, Jr. to
NAYFO Partners, Ltd., recorded in Clerk's File No. 2005037996 of the Official Public Records
or Real Property of said County and a portion of that certain tract of land(called 9.250 acres) as
conveyed by deed dated May 11,2007 from E.G. Cordts, Jr. to NAYFO Partners, Ltd., recorded
in Clerk's File No. 2007019063 of said Official Public Records and being more particularly
described by metes and bound as follows;
FOR LOCATIVE PURPOSES, commence at a V2" steel rod with cap marked BLINE found
located on the Southerly line of U.S. Highway No. 69, 96 and 287 (a.k.a. West Cardinal Drive)
marking the Northwest corner of said 9.250 acre tract and the Northeast corner of said 8.482 acre
tract, this point also marks the Northeast comer of an existing 10' waterline easement as
recorded in Clerk's File No. 2006028350 of said Official Public Records,said commencing point
having a Texas State Plane Coordinate Value of North 13,957,743.58 and East 3,512,417.56;
THENCE South 03 deg. 05 min. 59 sec. East(South 00 deg. 13 min. 28 sec. West-deed) along
the common line of said 9.250 and 8.482 acre tracts and East line of said existing 10 feet wide
easement a distance of 363.69 feet to a point marking the Southeast comer of said existing
easement and the Northeast comer and POINT OF BEGINNING of the herein described tract
of land, said beginning point having a Texas State Plane Coordinate Value of North
13,957,380.45 and East 3,512,437.22;
THENCE South 03 deg. 05 min. 59 sec. East continuing along said common line with the upper
East line of this tract a distance of 110.08 feet to a point marking and"Ell"corner of the herein
described tract of land;
THENCE North 86 deg. 54 min. 01 sec. East along the lower North line of this tract, over and
across said 9.250 acre tract a distance of 288.12 feet to a point located on the East line of said
9.250 acre tract and West line of that certain tract of land (called 8.541 acres) as conveyed by
deed dated August 14, 2007 from E.G. Cordts, Jr. to Lomad, L.P., recorded in Clerk's File No.
2007034376 of said Official Public Records, this point also marks the lower Northeast corner of
the herein described tract of land and the Southeast corner of an existing 10 feet wide waterline
Page 1 of 3
Z:%A&G SURMINOVAMS k BOUNDS1201 hGOS•610.doc
EXHIBIT"A"
easement as recorded in Clerk's File no. 2007047827, same point also marks the Southwest
corner of an existing 10' feet wide waterline easement as recorded in Clerk's File No.
2008001203 of said Official Public Records;
THENCE South 03 deg. 05 min. 59 sec. East(South 00 deg. 13 min. 28 sec. West-deed) along
the common line of said 9.250 and 8.541 acre tracts with the lower East line of this tract a
distance of 10.00 feet to a point marking the Southeast corner of the herein described tract of
land;
THENCE South 86 deg. 54 min. 01 sec. West along the South line of this tract,over and across
said 9.250 acre tract, passing at a distance of 288.12 feet the common line of said 9.250 and
8.482 acre tracts and continuing for a total distance of 298.12 feet to a point marking the
Southwest corner of the herein described tract of land;
THENCE North 03 deg. 05 min. 59 sec. West along the West line of this tract a distance of
120.08 feet to a point marking the Northwest corner of the herein described tract of land, same
point marks the Southwest corner of said existing 10 feet wide easement recorded in Clerk's File
No. 2006028350;
THENCE North 86 deg. 42 min. 13 sec. East along the South line of said 10 feet wide existing
easement with the upper North line of this tract a distance of 10.00 feet to the upper Northeast
corner and POINT OF BEGINNING and containing in area 4,082 square feet or 0.094 acres of
land,more or less.
Surveyed: June,2011
Cp�E OF T
.101 Af............................ ES
�rOQ-
SURV c� Jo . (Bob)Hodges R.P. .S.#4583
617-7111
Notes:
Bearings, distances and coordinates referenced to the Texas State Plane Coordinate System,
South Central Zone,NAD 83.
An Exhibit of even date is being submitted with and being made a part of this Metes and Bounds
Description.
Page 2 of 3
z:1A&40 SUILWYMONEM&BOUMS14A11M"JOACC
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W/CAP MKD. BLINE S
N. 13 95T 743,58 7g ,�•�p 01). LWA CANAL. fLOREgA AVf.
E. 3,512,41 .56 103 VICINITY MA
N.T.S.
S 77'18'36" E 24.91'
(S 7359'09` E--DEED)
FND. (S
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EXISTING WATERLINE ESMT. ..
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O.P.R.J.C.
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VOL. 4, PM. 104 M-R- D.C.
FLOOD T fi
ZONE: C '
FIRM: 480119 0245 8 J.W. (93tl LL®CK SURVLEV. �..
DATED: 6/15/1983 p[��' °. (u�w, `7 0 ..
NOTES: <9•�4583 P�
BEARINGS REFERENCED TO THE TEXAS STATE
PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE, NAD 83.
GRID SCALE FACTOR: 0.999938445 EXHIBIT SHOWING PAGE
A PROPOSED 1 U WATERUNE EASEMENT OUT OF LOT 29,
IN THE M.C. CARTWRIGHT SUBDIVISION
GATSS SITUATED IN THE J.W.BULLOCK SURVEY,ABSTRACT No.7 OF
AiIGRiNaAVZ . 3415 W.CARDINAL DRIVE OF
BEAUMONT,JEFFERSON COUNTY,TEXAS "vt
p 7�01t.�etwl'�W in
i
TEXAS REGISTERED ENGINEERING FIRM F-30 DATE: JUNE,2011 SCALE: V-100' DRAWN: TMR
TEXAS LICENSED SURVEYING FIRM 100142-00 PROD. No.: GOS-010 VERSION: AUTOCAD 2011 CHECKED: JRH
EXHIBIT "B"
16APCS 2011026466
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT,NAYFO PARTNERS, 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 Exhibit "A", 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 _,2011.
GRANTOR:
NAYFO PARTNERS, LTD
By:
Printed Name: . � ►/ ��,
Title: P[ ► -
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared
WOM& E. Ni44 4 6r. as i , of NAYFO PARTNERS, 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 j-Z'-day of&64, 2011.
III I WIN
KAREN FABRE BABN"UX
; Ne:ory Public.State of Texas
. nny Commission Expires
May 08,201$
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy-Engineering
P. O.Box 3827
Beaumont,TX 77704
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION OF A
10 FEET WIDE TRACT OF LAND FOR WATERLINE
EASEMENT PURPOSES SITUATED IN THE J.W.BULLOCK
SURVEY,ABSTRACT NO. 7,BEAUMONT,
JEFFERSON COUNTY,TEXAS
Being a 10 feet wide tract or parcel of land for waterline easement purposes out of Lot 29 of the
M.C. Cartwright Subdivision as recorded in Volume 4, Page 194 of the Map or Plat Records,
County Clerk's Office, Jefferson County, Texas, as situated in the J.W. Bullock Survey,Abstract
No. 7, Jefferson County, Texas, said 10 feet wide tract also being a portion of that certain tract of
land (called 8.482 acres) as conveyed by deed dated October 17, 2005 from E.G. Cordts, Jr. to
NAYFO Partners, Ltd., recorded in Clerk's File No. 2005037996 of the Official Public Records
or Real Property of said County and a portion of that certain tract of land (called 9.250 acres) as
conveyed by deed dated May 11, 2007 from E.G. Cordts, Jr. to NAYFO Partners, Ltd., recorded
in Clerk's File No. 2007019063 of said Official Public Records and being more particularly
described by metes and bound as follows;
FOR LOCATIVE PURPOSES, commence at a %2" steel rod with cap marked BLINE found
located on the Southerly line of U.S. Highway No. 69, 96 and 287 (a.k.a. West Cardinal Drive)
marking the Northwest comer of said 9.250 acre tract and the Northeast corner of said 8.482 acre
tract, this point also marks the Northeast corner of an existing 10' waterline easement as
recorded in Clerk's File No. 2006028350 of said Official Public Records, said commencing point
having a Texas State Plane Coordinate Value of North 13,957,743.58 and East 3,512,417.56;
THENCE South 03 deg. 05 min. 59 sec. East (South 00 deg. 13 min. 28 sec. West-deed) along
the common line of said 9.250 and 8.482 acre tracts and East line of said existing 10 feet wide
easement a distance of 363.69 feet to a point marking the Southeast corner of said existing
easement and the Northeast comer and POINT OF BEGINNING of the herein described tract
of land, said beginning point having a Texas State Plane Coordinate Value of North
13,957,380.45 and East 3,512,437.22;
THENCE South 03 deg. 05 min. 59 sec. East continuing along said common line with the upper
East line of this tract a distance of 110.08 feet to a point marking and "Ell" corner of the herein
described tract of land;
THENCE North 86 deg. 54 min. 01 sec. East along the lower North line of this tract, over and
across said 9.250 acre tract a distance of 288.12 feet to a point located on the East line of said
9.250 acre tract and West line of that certain tract of land (called 8.541 acres) as conveyed by
deed dated August 14, 2007 from E.G. Cordts, Jr. to Lomad, L.P., recorded in Clerk's File No.
2007034376 of said Official Public Records, this point also marks the lower Northeast corner of
the herein described tract of land and the Southeast corner of an existing 10 feet wide waterline
Page 1 of 3
ZAA&G SURVEYING\N ETES&BOUNDS\2011\GOS-010.doc
EXHIBIt"A"
easement as recorded in Clerk's File no. 2007047827, same point also marks the Southwest
corner of an existing 10' feet wide waterline easement as recorded in Clerk's File No.
2008001203 of said Official Public Records;
THENCE South 03 deg. 05 min. 59 sec. East (South 00 deg. 13 min. 28 sec. West-deed) along
the common line of said 9.250 and 8.541 acre tracts with the lower East line of this tract a
distance of 10.00 feet to a point marking the Southeast corner of the herein described tract of
land;
THENCE South 86 deg. 54 min. 01 sec. West along the South line of this tract, over and across
said 9.250 acre tract, passing at a distance of 288.12 feet the common line of said 9.250 and
8.482 acre tracts and continuing for a total distance of 298.12 feet to a point marking the
Southwest corner of the herein described tract of land;
THENCE North 03 deg. 05 min. 59 sec. West along the West line of this tract a distance of
120.08 feet to a point marking the Northwest comer of the herein described tract of land, same
point marks the Southwest comer of said existing 10 feet wide easement recorded in Clerk's File
No. 2006028350;
THENCE North 86 deg. 42 min. 13 sec. East along the South line of said 10 feet wide existing
easement with the upper North line of this tract a distance of 10.00 feet to the upper Northeast
comer and POINT OF BEGINNING and containing in area 4,082 square feet or 0.094 acres of
land, more or less.
Surveyed; June, 2011
O F9
..:..Q;.
JOHN R. Bj F.
: ...... .....
:-a
9yasllR Jo (Bob)Hodges RP. .S.W5 83
617-7111
Notes:
Bearings, distances and coordinates referenced to the Texas State Plane Coordinate System,
South Central Zone,NAD 83.
An Exhibit of even date is being submitted with and being made a part of this Metes and Bounds
Description.
Page 2 of 3
ZAA&G SURVEYINGIMETES&BOUNDS\20111GOS-010.doc
EXHIBIT "A" SAW .
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N. 13 957 743.58 38' �'� MA cnxu
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N.T.S.
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OF
VOL. 4, P(M. b24 nM.R.J.C. P�6isrFT
FLOOD ZONE: C
FIRM: 480119 0245 B AW. BULLOCK SURMIEV,
DATED: 6/15/1983 ABS T. b®. 17 ` ...... ••
NOTES: <,9.90�4583
BEARINGS REFERENCED TO THE TEXAS STATE
PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE, NAD 83.
GRID SCALE FACTOR: 0.999938445 EXHIBIT SHOWING PAGE
A PROPOSED 10,WATERLINE EASEMENT OUT OF LOT 29, ^
IN THE M.C. CARTWRIGHT SUBDIVISION 3
. All 4110m SITUATED IN THE J.W. BULLOCK SURVEY,ABSTRACT No.7 OF
A> N1Z 3415 W.CARDINAL DRIVE
BEAUMONT,JEFFERSON COUNTY,TEXAS
.u « ,�
TEXAS REGISTERED ENGINEERING FIRM F-30 DATE: JUNE,2011 SCALE: 1"=100 DRAWN: TMR
TEXAS LICENSED SURVEYING FIRM 100142-00 PROJ. No.: GOS-010 VERSION: AUTOCAD 2011 1 CHECKED: JRH