HomeMy WebLinkAboutRES 13-052RESOLUTION NO.13 -052
WHEREAS, Megas Enterprise, Inc. has agreed to convey a ten (10) foot wide
exclusive water line easement, said easement being a 2207.7 square foot acre tract out
of the C. Williams League, Abstract No. 59, 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 facilitate retail /commercial development at 5780 Walden 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 Megas Enterprise, Inc., as described in Exhibit
"A" and shown on Exhibit "B," be and the same is hereby, in all things, accepted for the
stated purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
February, 2013.
{. VoWffe"Cky . .
STATE OF TEXAS X
COUNTY OF JEFFERSON X
KNOW ALL MEN BY THESE PRESENTS:
WATER LINE EASEMENT
THAT, MEGAS ENTERPRISE, INC., 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.
Tile 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 collectively, the "Easement
Rights ".
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
EXHIBIT "A"
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 that will interfere with Grantee's ability to exercise the Easement Rights.
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 , 2413.
GRANTOR:
MEGAS ENTERPRISES, INC.
Printed Name: Steve Megas
Title: Vice President
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared
STEVE MEGAS as VICE PRESIDENT of MEGAS ENTERPRISES INC., known to me to be
the person and officer whose name is subscribed to the foregoing instrument, and acknowledged
to me that lie 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 , 2013.
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
Fittz &Shipman
INC.
Ronald D. Fittz, P.[., R.P.LS. (1948 -1987)
Terry G. Shipman, P.E., Chaintian
Billy J. Smith, Jr., President
Consulting Faagineers and Land surreyois
Donald R. King, P.E.
Walter J. Ksiazek, R.P.L.S.
EXHIBIT "A ", PAGE 1 OF 2
CENTERLINE DESCRIPTION
FORA
10' WIDE EXCLUSIVE
WATER LINE EASEMENT
OUT OF THE
C. WILLIAMS LEAGUE, ABSTRACT 59
JEFFERSON COUNTY, TEXAS
FEBRUARY 13, 2013
That certain centerline description for a 10' wide exclusive water line easement, 5' on each side of centerline, across
of a called 1.152 acre tract conveyed to Megas Enterprises, Inc. as recorded in Clerks File No.2003008818 of the
Official Public Records of Jefferson County, Texas, said centerline description being more particularly described by
the following courses and distances:
Note: Basis of Bearings is the west line of the said 1.152 acre tract having been called South 00 036'00" West 502.07
feet.
COMMENCING at a 4" iron pipe found in the south line of a called 13.987 acre tract conveyed to M. J. Wright as
recorded in Film Code 102 -86 -1444 of the Real Property Records of Jefferson County, Texas for the northeast corner
of a called 2.074 acre tract conveyed to Shree Gayatri, Inc. as recorded in Clerks File No. 2001015332 of the Official
Public Records of Jefferson County, Texas and the northwest corner of the said 1.152 acre tract;
THENCE South 00 036'00" West along the east line of the said 2.074 acre tract and the west line of the 1.152 acre
tract, at a distance of 442.46 feet pass a capped iron rod found for reference, and continuing a total distance of 472.07
feet to a point in the north line of a 30' wide drainage easement granted to Jefferson County Drainage District No. 6 as
recorded in Volume 894, Page 375 of the Deed Records of Jefferson County, Texas;
THENCE South 89 °14'03" East along the said north line of the 30' wide drainage easement a distance of 85.74 feet to
a point for the POINT OF BEGINNING of the said centerline of a 10' wide exclusive water line easement;
THENCE North 00 °38'38" East along the said centerline a distance of 220.77 feet to a point for the
POINT OF TERMINATION of the said 10' wide exclusive water line easement.
This d scription is ba d on a survey made by Fittz & Shipman, Inc. on February 4, 2013.
/
Walter J. Ksiazek jfJ{j�� �,`,.. ;• :. )`
Registered Professional Land Surveyor No. 5321 : ��. ��. �; •.t, �.
Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100186
rJ
Fittz & Shipman, Inc, WALTER J. K&AZEK
Page 1 of 1
Project No. 12003.0026
Plat & Description
...........
1405 Cornerstone Court Beaumont, Texas
77706 (b9xi' 832 -7238 fax (409) 832 -7303
Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100186
EXHIBIT "A ", PAGE 2 OF 2
NOW OR FORMERLY
M. J. WRIGHT
FILM CODE 102 -80 -1444, R.P.R.J.C.
(CALLED 13.987 ACRES)
(CALLED S 89'22'31" £ 100.00)
S 89'13159" F 99.96
COMMENCING
POINT
FOUND 4'—j
IRON PIPE
NOW OR FORMERLY
NOW OR FORMERLY
SHREE GAYATRI, INC.
MEGAS ENTERPRISES, INC.
MEGAS ENTERPRISES, INC.
CLERKS FILE 140. 20D1015332,
CLERKS FILE NO. 2003008818,
CLERKS FILE NO. 9601598, O.P.R.J.C.
O.P.R.J.G
O.P.R.J.C.
(CALLED 5 115 ACRES)
(CALLED 2.074 ACRES)
(CALLED 1.152 ACRES)
n
o� o
POINT OF
o
TERMINATION
lz
or,
CENTERLINE
# g �n
$ c
10' EXCLUSIVE
W
x a o
WATER LINE
o0
EASEMENT
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0 25 D
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CENTERLINE
a(n
0 10' EXCLUSIVE
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EASEMENT I I
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E I
SURVEYOR'S CERTIFICArON:
1 00 HEREBY CERTIFY, TO THE BEST OF MY KNOYA.EOGE
n It I
AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A
I I
SURVEY a DESCRIPTION MADE ON THE GROUND UNDER MY
O
SUPERVISION ON FEBRUARY 2013.
WALTER J. KSIAZEK
I I
t7
i I
REGISTERED PROFESSIONAL 0 SURVE N0. 5321
t
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'= , GI's r. k•.
POINT OF i I!
y { 4 1.•;
* e•
FOUND
CAPPED
$EGiNNING i
CENTERLINE I i
10' EXCLUSIVE i i
...............:......... ' Jf
" INQI.iC. ;.
e ................ t ••..; <.•
fro
IRON ROD
WATER LINE
q:4.1 �,i
I I
1.•
EASEMENT i 11�
+• 4''-•
S 8914'03" E 85.74
p JEFFERSON COUNTY
DRAINAGE DISTRICT NO. 6
n VOL. 894. PC. 375, O.R.J.C. do
J(5 USE AGREEMENT
,
CI.ERKS
FILE N0. 1999013879. O.P. R.J.C.
5780 WALDEN ROAD
): \PROJECTS \12084 - Pork on Woldan \SLmwy \Tosk 7 \12OB4T7WtrLsmLDWG Fab 14. 2013 09: 05om
Fittz&Shipman 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO.
INC. PROJECT NAME: MEGAS ENTERPRISE. INC. 1
Comidnrs•ngbmm and Land Srweym 5780 WALDEN ROAD
1405 CORNERSTONE COURT, 13EAUTAONT. TEXAS BEAUMONT, TEXAS PROJECT NO.
(409) 832 -7238 FAX (409) 832 -7303 DATE: 2 -13-13 12084TASK7
LWAII
IIIIIIIIIIIIIIIIIIIIUIIIIINIIIIIIIIII�IIINIIIINII�IiII DD 2913007582
AePGS
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, MEGAS ENTERPRISE, INC., 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 collectively, the "Easement
Rights ".
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 that will interfere with Grantee's ability to exercise the Easement Rights.
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 2— day of _f fy/ ell , 2013.
Cf'�7:�ITi�
MEGAS ENTERPRISES, INC.
By:
Printe ame: Steve Megas
Title: Vice President
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared
STEVE MEGAS as VICE PRESIDENT of MEGAS ENTERPRISES, INC., 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 12013.
r
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
(iD Phyllis R. Helms
6399 Diane Street
Port Arthur, T*xas 77640
My Commission Expires
January 15, 2014
Fittz &Ship,man
Ronald D. Fittz, P.E., R.P.L.S. (1948 -1987)
Terry G. Shipman, P.E., Chairman
Billy J. Smith, Jr., President
Consulting Engineers and Land Surveyors
Donald R. King, P.E.
Walter J. Ksiazek, R.P.L.S.
EXHIBIT "A ", PAGE 1 OF 2
CENTERLINE DESCRIPTION
FORA
10' WIDE EXCLUSIVE
WATER LINE EASEMENT
OUT OF THE
C. WILLIAMS LEAGUE, ABSTRACT 59
JEFFERSON COUNTY, TEXAS
FEBRUARY 13, 2013
That certain centerline description for a 10' wide exclusive water line easement, 5' on each side of centerline, across
of a called 1.152 acre tract conveyed to Megas Enterprises, Inc. as recorded in Clerks File No.2003008818 of the
Official Public Records of Jefferson County, Texas, said centerline description being more particularly described b
the following courses and distances: y
Note: Basis of Bearings is the west line of the said 1.152 acre tract having been called South 00 °36'00" West 502.07
feet.
COMMENCING at a 4" iron pipe found in the south line of a called 13.987 acre tract conveyed to M. J. Wright as
recorded in Film Code 102 -86 -1444 of the Real Property Records of Jefferson County, Texas for the northeast corner
of a called 2.074 acre tract conveyed to Shree Gayatri, Inc. as recorded in Clerks File No. 2001015332 of the Official
Public Records of Jefferson County, Texas and the northwest corner of the said 1.152 acre tract;
THENCE South 00 036'00" West along the east line of the said 2.074 acre tract and the west line of the 1.152 acre
tract, at a distance of 442.46 feet pass a capped iron rod found for reference, and continuing a total distance of 472.07
feet to a point in the north line of a 30' wide drainage easement granted to Jefferson County Drainage District No. 6 as
recorded in Volume 894, Page 375 of the Deed Records of Jefferson County, Texas;
THENCE South 89 °14'03" East along the said north line of the 30' wide drainage easement a distance of 85.74 feet to
a point for the POINT OF BEGINNING of the said centerline of a 10' wide exclusive water line easement;
THENCE North 00 °38'38" East along the said centerline a distance of 220.77 feet to a point for the
POINT OF TERMINATION of the said 10' wide exclusive water line easement.
This description is b sed on a survey made by Fittz & Shipman, Inc. on February 4, 2013.
alter J. Ksia"ze 'C�.�F .�
P . ,
��••' Q I B i $ ^ X54
Registered Professio al Land Su eyor No. 5321 ;��,�y� "`r CVs
Fittz & Shipman, Inc.
Page 1 of 1
Project No. 12003.0026
Plat & Description
WALTER J. K81f42'cX
a.................... ..,t .
• 9 5321
s a
�l9�• 're S :` •` •:
1405 Cornerstone Court - Beaumont, Texas 7770) 832 -7238 • fax (409) 832 -7303
Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100186
EXHIBIT "A ", PAGE 2 OF 2
NOW OR FORMERLY
M. J. WRIGHT
FILM CODE 102 -86 -1444, R.P.R.J.C.
(CALLED 13.987 ACRES)
(CALLED S 89.22'31" E 100.00)
S 8913'59" E 99.96
COMMENCING
POINT J
FOUND 4'
IRON PIPE
NOW OR FORMERLY MEGAS ENTERPRISES, INC.
SHREE GAYATRI, INC. CLERKS FILE NO. 2003008818,
CLERKS FILE NO. 2001015332,
O.P.R.J.C. O.P.R.J.C.
(CALLED 2.074 ACRES) (CALLED 1.152 ACRES)
5780 WALDEN ROAD
NOW OR FORMERLY
MEGAS ENTERPRISES, INC.
CLERKS FILE NO. 9601598, O.P.R.J.C.
(CALLED 5.1151 ACRES)
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ON
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to
30
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to
R p
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(V ° nm
MV)
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0 0 25 50
S C A L E
SURVEYOR'S CERTIFICATION:
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A
SURVEY & DESCRIPTION MADE ON THE GROUND UNDER MY
SUPERVISION ON FEBRUARY 4, 2013.
WALTER J. KSIAZEK
REGISTERED PROFESSIONAL D SURVEY 0. 5321
IQ: \PROJECTS \12084 — Park on Walden \Survey \Task 7 \12084T7WtrEsmt.DWG Feb 14, 2013 09:05am
:` ..............• a
WALTER J. KSIAZEK
q 5321
%•a
%!T SURVEv
10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO.
Fi lh Ipman 1
INC. PROJECT NAM: MEGAS ENTERPRISE, INC.
ComulliW&Wncm and Land Swveyors 5780 WALDEN ROAD
1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS PROJECT N0.
(409) 832 -7238 FAX (409) 832 -7303 DATE: 2-13-13 12084TASK7
POINT OF
TERMINAT10N
o r-
CENTERLINE
cV O
° cli
10' EXCLUSIVE
K 3 j°n
WATER LINE
a `
EASEMENT
Wo3
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WATER LINE I I
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W I
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of
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POINT OF
BEGINNING i I
FOUND
CENTERLINE
CAPPED
10' EXCLUSIVE I
IRON ROD
WATER LINE
EASEMENT
E 85.74
_S_89'14'03"
30 WIDE EASEMENT
0
JEFFERSON COUNTY
DRAINAGE DISTRICT NO. 6
M
VOL. 894, PG. 375, D.R.J.C. &
JOINT USE AGREEMENT
CLERKS_ FILE NO. 1999013879, O.P.R.J.C.
5780 WALDEN ROAD
NOW OR FORMERLY
MEGAS ENTERPRISES, INC.
CLERKS FILE NO. 9601598, O.P.R.J.C.
(CALLED 5.1151 ACRES)
^o
ON
tV a
to
30
O
to
R p
Oo
(V ° nm
MV)
O°
0 L
J
0 0 25 50
S C A L E
SURVEYOR'S CERTIFICATION:
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A
SURVEY & DESCRIPTION MADE ON THE GROUND UNDER MY
SUPERVISION ON FEBRUARY 4, 2013.
WALTER J. KSIAZEK
REGISTERED PROFESSIONAL D SURVEY 0. 5321
IQ: \PROJECTS \12084 — Park on Walden \Survey \Task 7 \12084T7WtrEsmt.DWG Feb 14, 2013 09:05am
:` ..............• a
WALTER J. KSIAZEK
q 5321
%•a
%!T SURVEv
10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO.
Fi lh Ipman 1
INC. PROJECT NAM: MEGAS ENTERPRISE, INC.
ComulliW&Wncm and Land Swveyors 5780 WALDEN ROAD
1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS PROJECT N0.
(409) 832 -7238 FAX (409) 832 -7303 DATE: 2-13-13 12084TASK7