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HomeMy WebLinkAboutRES 13-060RESOLUTION NO.13 -060 WHEREAS, on February 26, 2013, the City Council of the City of Beaumont, Texas, passed Resolution No. 13-051 authorizing the acceptance of two (2) ten (10) foot wide sanitary sewer easements conveyed by LaBelle Park, LLC, said easements being a 0.124 acre tract out of Southwest Plaza and part of Section 1, Lot 1, Block 1 situated in the C. Williams League, Abstract No. 59 and a 0.714 acre tract out of LaBelle Park, LP situated in the C. Williams League, Abstract No. 59, to the City of Beaumont for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and /or removing sewer lines and appurtenances to facilitate future commercial development; and, WHEREAS, the resolution inadvertently authorized the acceptance of two (2) ten (10) foot wide sanitary sewer easements, rather than two (2) twenty (20) foot wide sanitary sewer easements as was intended; and, WHEREAS, an amendment to Resolution No. 13 -051 is required to reflect the acceptance of two (2) twenty (20) foot wide sanitary sewer easements; 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 Resolution No. 13 -051 is hereby amended to reflect the acceptance of two (2) twenty (20) foot wide sanitary sewer easements conveyed by LaBelle Park, LLC, said easements being a 0.124 acre tract out of Southwest Plaza and part of Section 1, Lot 1, Block 1 situated in the C. Williams League, Abstract No. 59 and a 0.714 acre tract out of LaBelle Park, LP situated in the C. Williams League, Abstract No. 59, to the City of Beaumont for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and /or removing sewer lines and appurtenances to facilitate future commercial development. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2013. a r ; IIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIINIINII81111111111111111 EAS 20130 @6705 7 PGS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SANITARY SEWER EASEMENT THAT, LABELLE PARK, LLC, of the County of Jefferson, State of Texas, hereinafter called "GRANTORS ", 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, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Sanitary Sewer Easement and the right to construct, alter, and maintain said sanitary sewer line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTORS 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, removing sanitary sewer 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 easement and right -of -way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this 0 GRANTORS: day of Fe- 6ry 2013. LABELLE PARK, LLC h -by-o S Sa rd 11mlyr- Mar-h n STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT VA BEFORE ME, the undersigned authority, on this day personally appeared IVIG_r-hn Broussard as er of LABELLE PARK, LLC, known to me to be the person and officer whose nahie 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. 2013. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ag day of Fe 6siA� otary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 LATASHA y�/ONNE SAMe Beaumont, TX 77704 My commission Exp' January 15.2017 W,.PRTECH ">iecogniriag tie a [cs;a( the toast.., gffi � &K f�ot*ht towards Ow future with Advanced C Vatial Techrwfogy" LAND SURVEYORS, INC. EXHIBIT "A" Page I of 3 January 29, 2013 Richard L. Worthey, RPLS U. Sins, Jr., RPLS Mitihoel C), McGuinness, RPLS, CHS Gregory S. Kays, RPLS Surveyor's Field Note Description: 0.714 Acre Exclusive City Sanitary Sewer Easement BEING a 0.714 acre (31110.62 square feet) tract of land (Exclusive City Sanitary Sewer Easement) out of and a part of that certain LaBelle Park,, LP called 65,57 acre tract of land, more fully described and recorded in Clerk's file No. 2005032191 of the Official Public Records of Jefferson County, Texas. Said 0.714 acre (31110,62 square feet) tract of land (Exclusive City Sanitary Sewer Easement) being situated in the C. Williams League, Abstract No. 59, Jefferson County, Texas and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found at the most Easterly corner of said 65.57 acre tract, same being the South corner of that certain Bank of the West, San Angelo, Texas and Louis E. Rork, as Co- Trustees of the Bleakley Children's Trust called 2.546 acre tract of land, more fully described and recorded in Film Code No. 103 -21 --0006 of said Official Public Records and being in the Northwest right -of -way line of Interstate Highway 10 (right -of -way width varies); THENCE South 30 deg. 49 min. 19 sec. West along and with the Southeast line of said 65.57 acre tract, same being the Northwest line of said Interstate Highway 10, a distance of 67.02 feet to an angle point; THENCE South 39 deg. 03 min. 06 sec. West continuing along and with the Southeast line of said 65.57 acre tract, same being the Nowest line of said Interstate Highway 10, a distance of 1450.21 feet to an intersection with the Northeast line of Itexora Drive (60 foot wide right -of- way) and the beginning of a non - tangent curve to the right, THENCE in a Southwesterly direction along and with the Northeast line of said Rexora Drive and said non - tangent curve to the right, having a radius of 35,00 feet, a chord bearing of South 70 deg. 09 min. 16 sec. West, a chord length of 38,72 feet, a delta angle of 67 deg. 09 min. 33 sec. and an arc distance of 41.03 feet to a point for corner; THENCE North 39 deg. 03 min. 06 sec. East, a distance of 1481,93 feet to a point for corner; THENCE North 30 deg. 49 min. 19 sec. East, a distance of 96.56 feet to a point for corner in the East line of said 65.57 acre, same being the West line of said 2.546 acre tract; Corporate Office: 1484 Cornerstone Court Beaumont, Texas 77706 Tel; 409.866.9769 Fax: 409.866.7075 www.wortech.com W,4�PRTECH I-AND SURVEYORS, INC.. EXHIBIT "A" Page 2 of 3 0.714 Acre Exclusive City Sanitary Sewer Easement THENCE South 02 deg. 01 min. 25 sec. East along and with the East line of said 65.57 acre tract, same being the West line of said 2.546 acre tract, a distance of 36.87 feet to the PLACE OF BEGINNING, containing 0.714 acre (31110.62 square feet) of land, more or less. (This description is based upon a survey made on the ground under my direct supervision on January 3 -17, 2013 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the Texas Coordinate System of 1983, South Central Zone `4204' (U.S. Survey Foot). All distances and acreages are surface with a combined adjustment factor of 1.00007 applied.) / J'4 F R&411ered Professional Lan Su eyor a ♦ " Vicinity Map x Not to Scale 41 Exclusive City o y Sanitary Sewer �y Easement ss •s Walden Road �y12A sIr N a� EXHIBIT "All Page 3 of 3 Exclusive Sanitary Sewer Easement Curve Table CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 35.00' 41.03' 38.72' S70 °09'16"W 67 °09'33" C2 35.00' 1122.83' 14.86' 14.75' N64 "06'14"W 24 °19'28" C3 145.00' 119.19' N26 °33'07"W 48 °32'10" Line Table LINE BEARING DISTANCE L1 S30 °49'1 9"W 67.02' L2 N30 °49'19 "E 96.56' L3 S02 °01'25 "E 36.87' Bank of the West, San Angelo, Texas and Louis E. Rork, as Co-Trustees of the Bleakley Children's Trust Called 2.546 Acres F.C. 103 -21 -0006 O.P.R.J.C. © Jefferson County Drainage District No. 6 Tract Two Called 0.325 Acre Tract C.F. No. 2000010952 O.P.R.J.C. Q3 Jefferson County Drainage District No. 6 Tract One Called 5.782 Acre Tract C.F. No. 2000010952 O.P.R.J.C. e J Shea 59 �a �o. P� LaBelle Park, LP Called 65.57 Acre Tract C. F. No. 2005032191 O.P.R.J.C. Exclusive City Sanitary Sewer Easement 31110.62 Sq. Ft. 0.714 Acre 587.2r16"w Fnd P 340.03 Fnd 518" I. Rod .a� a _ I. Pipe — 260.03' 60.00' n� �a 2 Asset Alliance Group, Ltd Qtp Tract IV S ��c O �b Called 28.825 Acre Tract o F. No. 1999048299 L cd�i wti�o o ova No, C. O.P.R.J.C. �o S� LF .��y'�j) 7, d?• a � ✓Og9ascb*v 3 CJ� E. H. Steinhagen, Jr. Called 2.390 Acre Tract F. C. No. 101 -67 -1711 O.P.R.A.C. 0' 1 1 Scale: 1 " =300' R 2 ov N80- 21.02'ly 218.00• �y R Sg, W X00 ,5� O O X00 000 J ce, � a P� 0 v b v e� O 5 me Q A Note : 609 All Bearings are referenced to the Texas Coordinate System of 1983 (CORS), South Central Zone'4204' (US Survey Foot). All distances and acreages are surface with a combined adjustment factor of 1.00007 applied. SUBMITTING INFORMATION: LaBelle Park, LLC P.O. Box 3111 Beaumont, Texas 77704 Mahn Broussard 409 - 833 -1461 kDatw : ngs and opinions of WORTECH Land Surveyors, Inc. reneged herein are privileged, confidential and Intended only for the use of the individual or entity for whom this work was . It Is understood that the use of, reliance on, or reproduction of same, In whole or In part, by others without the express written consent of WORTECH Land Surveyors, Inc. Is d and without warranty, express or Implied. WORTECH Land Surveyors, Inc. shall be held harmless against any damages or expenses resulting from such unauthorized use, or reproduction. Copyright 2013. AN rights reserved. 2012 -M k: 7411013 -016 7321002 - Plat Showing MWG �% ~t. Exclusive City Sanitary Sewer Easement 1/29/2013 £ Rev. No: 0 - Final Issue out of W RTECH LAND SURVEYORS, INC. 1-180 Cornerstiine C:our[ :'S23V n10r:C. T -earl s; 7?10 E: r -ax: 409.6c6._- vvwwl ,01 tech_i.Orti This d-ent not valid without original seal and signature of person oerilying LaBelle Park, LP Called 65.57 Acre Tract C. Williams League, Abstract No. 59 Jefferson County, Texas Surveyed January 3 -17, 2013 Field Note Description Attached To This Plat IIIIIIIINIIhNIII�IIIIIIIIIIIINIiNNIIi�N IN III EAS 2013006706 7 PGS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SANITARY SEWER EASEMENT THAT, LABELLE PARK, LLC, of the County of Jefferson, State of Texas, hereinafter called "GRANTORS ", 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, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Sanitary Sewer Easement and the right to construct, alter, and maintain said sanitary sewer line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTORS 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, removing sanitary sewer 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 easement and right -of -way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this -s GRANTORS: day of Fe6rMrl/ , 2013 r LABELLE PARK, LLC r ?Dr 0 tk�'c' , Gj—d ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared M 0, r tir-1 f3 rous5&ft4 as Q.► a- er of LABELLE PARK, LLC, known to me to be the person and officer whose nanW 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. 20 1-3. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this o0 day of Fe�rrcaivy RViAM%'J1' I MAA, 'AAI it f• 0furtM, a e RETURN TO: City of Beaumont Antoinette Hardy - Engineering ECP. O. Box 3827E LATASHA YVONNE SAMES Beaumont, TX 77704 My commission Expires January 15.2017 ar rt +�= WVPRTECH-RecWnlzn the landmarks Of the f09... s&fiinq our fpreK* t"ards the future with Advanced Geospatial TechnoWy" LAND S U RV E Y O R. S, INC. Ric.harr L. Wortley, RPLS J.L. Sims, Jr., RPLS Mirii€�e1 [i, Mr,Guinness, RPLS, CHS Qre9ory S. Kays, RPLS EXHIBIT "IV, Page I of 3 January 29, 2013 Surveyor's Field Note Description: 0.124 Acre Exclusive City Sanitary Sewer Easement BEING a 0.124 acre (5414.57 square feet) tract of land (Exclusive City Samtary Sewer Easement) out of and a part of that certain Southwest Plaza, Section 1, Lot 1, Block 1 called 3.717 acre tract more fully described and recorded in Volume 9, Page 133 of the Map Records. of Jefferson County, Texas and also being out of and :a part of that certain LaBelle Park, LP called 65.57 acre tract of land, more fully described and recorded in Clerk's File No. 2005032191 of the Official Public Records of Jefferson County, Texas. 'Said. 0,124 acre (5414.57 square feet) tract of land (Exclusive City Sanitary Sewer Easement) being situated in the C, Williams League, Abstract No. 59, Jefferson County, Texas and being more particularly described as follows: COMMENCING at a 1 inch iron pipe found in the West line of said 65.57 acre tract, same being the East line of that certain Asset Alliance Group, Ltd called 28.825 acre tract, more fully described as Tract IV and recorded in Clerk's File No. 1999048299 of said Official Public Records and same being the Northwest corner of said 3.717 acre tract; Thence North 87 deg. 27 min. 16 sec. East along and with the North line of said 3.717 acre tract, a distance of 280.03 feet to a point in the West right -of -way line of Rexora Drive (60 feet wide right -of -way) and being the beginning of a curve to the left; Thence in a Southeasterly direction along and with the West line of said Rexora Drive and said curve to the left, having a radius of 205.00 feet, a chord bearing of South 26 deg. 34 min. 08 sec. East, a chord length of 168.12 feet, a delta angle of 48 deg. 25 min, 01 sec, and an arc distance of 173.23 feet to a point for corner; Thence South 50 deg. 40 min. 26 sec. East continuing along and with the West line of said Rexora Drive, a distance of 159.47 feet to a point for the beginning of a curve to the right; Thence in a Southeasterly direction along and with the West line of said Rexora Drive and said curve to the right, having a radius of 35,00 feet, a chard bearing of South 33 deg. 36 min. 16 sec. East, a chord 'length of 20.55 feet, a delta angle of 34 deg, 08 min, 19 sec, and an arc distance of 20.85 feet to the POINT OF BEGINNING of the tract of land herein described; Corporate Office: 1480 Cornerstone Court Beaumont, Texas 77706 Tel, 409.866.9769 Fax: 409.866.7075 www.wortech.com W4PRTECH 1.ANO SURVEYORS, INC.. EXHIBIT "A" Page 2 of 3 0.124 Acre Exclusive City Sanitary Sewer Easement THENCE continuing along and with said curve to the right and the West line of said Rexora Drive in a Southwesterly direction, having a radius of 35.00 feet, a chord bearing of South 15 deg. 46 min. 35 sec. West, a chord length of 37.42 feet, a delta angle of 64 deg. 37 min. 23 sec. and an arc distance of 39.48 feet to a point for corner in the Northwest right -of -way line of Interstate Highway 10 (right -of -way width varies); THENCE South 48 deg. 05 min. 16 sec. West along and with the Northwest line of said Interstate Highway 10, same being the Southeast line of said 3.717 acre tract, a distance of 246.46 feet to a point for the most Southerly corner of said 3.717 acre tract, same being the most Easterly corner of that certain E. H. Steinhagen, Jr. called 2.390 acre tract, more fully described and recorded in Film Code No. 101 -67 -1711 of said Official Public Records; THENCE North 50 deg. 53 min. 43 sec. West along and with the Southwest line of said 3.717 acre tract, same being the Northeast line of said 2.390 acre tract, a distance of 20.25 feet to a point for corner; THENCE North 48 deg. 05 min. 16 sec. East, a distance of 281.25 feet to the PLACE OF BEGINNING, containing 0.124 acre (5414.57 square feet) of land, more or less. (This description is based upon a survey made on the ground under my direct supervision on January 3 -17, 2013 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the Texas Coordinate System of 1983, South Central Zone `4204' (U.S. Survey Foot). All distances and acreages are surface with a combined adjustment factor of 1.00007 applied.) je. 24 Rgatered Professional Land Su eyor Vicinity Map N Not to Scale Exclusive City ^o y � Sanitary Sewer � by Easement ss Watden Road Hwy 12A� ?8 EXHIBIT "Alt Page 3 of 3 Exclusive Sanitary Sewer Easement t'-- Tahle 0' 50' 100' 200' Scale: 1" =100' CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 145.00' 722.83' 119.19' S26 °33'07"E 48 °32'10" E2 35.00' 55.88' 50.13' N82 618159 "E 91 °29'07" C3 205.00' 173.23' 168.12' S26 °34'08 "E 48 °25'01" C4 35.00' 60.33' 53.13' So1°17'35 "E 98 °45'42" C5 35.00' 39.48' 37.42' S15 °46'35"W 64 °37'23" C6 17509 20.85' 20.55' S33 °36'16 "E 34 °08'19" N87 °2T16 "E 340.03' Fnd 1" I. Pipe 280.03' E. H. Steinhagen, Jr. Called 2.390 Acre Tract F. C. No. 101 - 67-1711 O.P.R.J.C. N,7&. Fnd 518" 60.00' I. Rod LaBelle Park, LP Called 65.57 Acre Tract n C. F. No. 2005032191 O.P.R.J.C. nP Sso° 40• 'tDA tp �•�j ^�h sso90 -G9��'L 2sF F C2 �S 94� / k�_ 6 h� ory a� �yd ti ' o. F °a ^P� ac��0^ t6 A,� y� 6 °6 arO JQCe A� Note All Bearings are referenced to the Texas Coordinate System of 1983 (CORS), South Central Zone '4204' (US Survey Foot). All distances and acreages are surface with a combined adjustment factor of 1.00007 applied. SUBMITTING INFORMATION: LaBelle Park, LLC P.O. Box 3111 Beaumont, Texas 77704 Martin Broussard 409 -833 -1461 NOTICE: The findings and opinions of WORTECH Land Surveyors, Inc. reflected herein are privileged, confidential and Intended only for the use of the Individual or entity for whom this work was in by others without the express written consent of WORTECH Land Surveyors, Inc. Is prepared. It Is understood that the use of, reliance on, or reproduction of same, In whole or part, Implied. WORTECH Land Surveyors, Inc. shall be held harmless against any damages or expenses resulting from such unauthorized use, Easement Asset Alliance Group, Ltd Tract IV N N Je dj Called 28 825 Acre Tract C. F. No. 1999048299 S m lea h9 y �, O.P.R.J.C. Field Book: 7411013 -016 732/002 . yq Dr. By: o ". Plaza Out of Southwest 1, Lot 1, Block 1 1/2912013 Section Called 3.717 Acres Southwest Plaza Rev. No: Volume 9, page 33 M.R.J.C. E. H. Steinhagen, Jr. Called 2.390 Acre Tract F. C. No. 101 - 67-1711 O.P.R.J.C. N,7&. Fnd 518" 60.00' I. Rod LaBelle Park, LP Called 65.57 Acre Tract n C. F. No. 2005032191 O.P.R.J.C. nP Sso° 40• 'tDA tp �•�j ^�h sso90 -G9��'L 2sF F C2 �S 94� / k�_ 6 h� ory a� �yd ti ' o. F °a ^P� ac��0^ t6 A,� y� 6 °6 arO JQCe A� Note All Bearings are referenced to the Texas Coordinate System of 1983 (CORS), South Central Zone '4204' (US Survey Foot). All distances and acreages are surface with a combined adjustment factor of 1.00007 applied. SUBMITTING INFORMATION: LaBelle Park, LLC P.O. Box 3111 Beaumont, Texas 77704 Martin Broussard 409 -833 -1461 NOTICE: The findings and opinions of WORTECH Land Surveyors, Inc. reflected herein are privileged, confidential and Intended only for the use of the Individual or entity for whom this work was in by others without the express written consent of WORTECH Land Surveyors, Inc. Is prepared. It Is understood that the use of, reliance on, or reproduction of same, In whole or part, Implied. WORTECH Land Surveyors, Inc. shall be held harmless against any damages or expenses resulting from such unauthorized use, prohibited and without warranty, express or reliance or repmductton. Copyright 2013. AN rights reserved. Job No: 2012 -099 Plat Showing Field Book: 7411013 -016 732/002 Exclusive City Sanitary Sewer Easement Dr. By: MWG Out of Data: 1/2912013 Southwest Plaza Rev. No: 0 -Final Issue Section 1, Block 1, Lot 1 > and a ECH � Called 65.57 Acre Tract LAND SURVEYORS, INC. y a C. Williams League, Abstract No. 59 1 aeo Corn ;to�� C:ours 9 Jefferson County, Texas ur1Or 1 ' °r Surveyed January 3 -17, 2013 T ri: 409.866,97b,-) - Fax: 40:.tsEu.. il7`_ This doamenl not valki without edgklsl Field Note Description Attached To This Plat vi..;v,;•:ctrteCk ?.COnt seal and signature of person cerNftBg