The URL can be used to link to this page

Home My WebLink AboutRES 13-074RESOLUTION NO. 13-074 WHEREAS, Vic Marino, President of Construction Equity, has agreed to convey one twenty (20) foot wide drainage easement, said easement being a 0.1192 acre tract out of the H. Williams Survey, Abstract 56, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of allowing the construction of a storm sewer outfall pipe for future development; 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 Vic Marino, President of Construction Equity, as described in Exhibit "A" and shown on Exhibit "B," be and the same is hereby, in all things, accepted for the stated purposes. 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of April, - Mayor Pro Tern Coleman - Fittz&Shipman Ronald D. Fittz, P.L., R.P.L.S. (1948-1987) Terry G. Shipman, P,E,, Chairman Billy). Smith, Jr., President INC. . EXHIBIT A, PACE I OF 3 CENTERLINE DESCRIPTION FOR A 20' WIDE DRAINAGE EASEMENT OUT OFTHE H. WILLIAMS SURVEY, ABSTRACT 56 JEFFERSON COUNTY, TEXAS OCTOBER 3, 2012 Consulting Engineers and Land Stuieyors Donald R. King, P.E. Walter). Ksiazek, R.P. L.S. That certain centerline, description for a 20' wide drainage easement out of the H. Williams Survey, Abstract 56, Jefferson County, Texas, being across a called 4.580 acre tract conveyed to Construction Equity, Inc. as recorded in Clerks File No. 2011009231 of the Official Public Records of Jefferson County, Texas, said centerline description being more particularly described by the following courses and distances: Note: The Basis of Bearings is an east line of a called 4.793 acre tract conveyed to Construction Equity Inc. as recorded in Clerks File No. 2009020467 of the Official Public Records of Jefferson County, Texas having been called North 02'59'26" West 688.22 feet. COMMENCING at a capped iron rod found in the south line of a tract conveyed to Delaware Extension Development Ltd. as recorded in Clerks File No. 200047669 of the Official Public Records of Jefferson County, Texas for the northeast corner of the said 4.793 acre tract and the northwest corner of the said 4.580 acre tract; THENCE South 02*59'26" East along the east line of the said 4.793 acre tract and the west line of the said 4.580 acre tract a distance of 519.20 feet (called South 02*59'26" East) to a point for the PC of a curve and the POINT OF BEGINNING of the said centerline from which a' /2" capped iron rod set for the southwest corner of the said 4.580 acre tract and the most northerly northwest corner of West chase Village, Section Ten, a plat recorded in Clerks File No.. 2012002468 of the Official Public Records of Jefferson County, Texas bears South 02059'26" East 153.64 feet (called South 02059'26" East); , THENCE-along the said centerline of a 20' wide drainage easement with a curve to the right having a chord bearing of South 89015'58" East, a chord distance of 211.51 feet and a radius of 1555.98 feet, a distance along the curve of the 211.67 feet to a point for a reverse curve; THENCE continuing along the said centerline of a 20' wide drainage easement with a curve to the left having a chord bearing of South 86'49'35" East, a chord distance of 48.14 feet and a radius of 952.51 feet, a distance along the curve of 48.14 feet to a point in'a west line of a called Fittz & Shipman, Inc. Page 1 of 2 Project No. 11034ConsEquityesmt Plat & Description 1_4 _05 -CoMdrstoneEdUM Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof 1 -and Surveyors Firm No. 100186 EXHIBIT "A" EXHIBIT A, PAGE 2 OF 3 10.64 acre tract conveyed to Litwood, Inc. as recorded in Clerks File No. 2010016837 of the Official Public Records of Jefferson County, Texas and an east line of the said 4.580 acre tract for the POINT OF TERMINATION of the said centerline of the 20' wide drainage easement from which a 1W capped iron rod set for the southeast corner of the said 4.580 acre tract and an interior corner of the said 10.64 acre tract bears South 02 059'16" East 141.07 feet (called South 02 °59'16" East). This Field Note Description is based on a survey performed by Fittz & Shipman, Inc.during 2010 and 2011. Fittz & Shipman, Inc. .. . . . . .._...m.,.. Project No. 11034ConsEquityesmt Plat & Description Walter J. Ksiaze f � , 1. ` 4 . Registered Professi al Land Sury yor No. 5321'` <. ........ 'V, Fittz & Shipman, Inc. .. . . . . .._...m.,.. Project No. 11034ConsEquityesmt Plat & Description EXHIBIT "A ". PAGE 3 OF 3 COMMENCING NOW OR FORMERLY POINT DELAWARE EXTENSION DEVELOPMENT LTD. FOUND CLERKS FILE NO. 200047669, O.P.R.J.C. CAPPED IRON ROD N 87 LED';87E3308.72 308.72 SET 1/2• T CAPPED IRON ROD CONSTRUCTION EQUITY, INC. CLERKS FILE NO, 2009020467; O.P.R:J.C. (CALLED 4.793 ACRES) Ev1► O r1 O N gag z m 10 W N. N o O1 Qh ®�v to v 00 L E t'to FOUND CAPPED IRON ROD CONSTRUCTION EQUITY, INC. CLERKS FILE NO. 2011009231 O.P.R.J.C. (CALLED 4,580 ACRES) POINT OF BEGINNING SET CENTERLINE 20' WIDE Go DRAINAGE EASEMENT IRON —Cl CENTERLINE 20' VADE DRAINAGE EASEMENT SET 1/2" CAPPED IRON ROC 15.161 WESTCHASE VILLAGE SECTION TEN CLERKS FILE NO. 2012002466, O.P.R.J.C. (CALLED 1.939 ACRES) REMAINDER OF LITWOOD, INC. CLERKS FILE NO. 2010016837, O.P.R.J.C. (CALLED 10.64 ACRES) /POINT OF TERMINATION j CENTERLINE 20' MADE DRAINAGE EASEMENT to A " W we � N � O sp N O1�I SET 1/2 "— CAPPED IRON ROO REMAINDER OF LITWOOD, INC. CLERKS FILE NO. 2010016837,E O.P.R.J.C. (CALLED 10.64 ACRES) NUMBER DELTA RADIUS ARC CHORD ICHORD BEARING C1 107'47'40" 1555.98 211.67 211.51 S 89.1558' E C2 102-53-45- 952.51 48.14 48.14 S 86`49'35 E SURVEYOR'S CERTIFICATION: , 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 DURING 2010 AND 2011. # .. a€.TER KSlAZEx ... 5321 ,.. WALTER J. KSIAZEK REGISTERED PROFESSION L LAND SUR YOR NO. 5321 , yuKyy ty. \PROJECTS \11034 Wastcbow Sac 11 \TASK 1 \110 Esmts.dwq Oct 03, 2012 04:281:m - 20' DRAINAGE EASEMENT SHEET NO. l i h man 3 .. ^m .. ?"IM! I'f M'Q-T- Al IP-TWW -;7fV 11 T IN0' ' H. WILLIAMS SURVEY, A -56 ( PROJECT NO. 1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS 11034.0000 (409) 632 -7238 FAX (409) Ato -,N3 DATE: 10 -3 -12 TASK 1 EXHIBIT "B" III illillillillilliNlIIINI 6QPGS 2013012967 STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X DRAINAGE EASEMENT THAT, CONSTRUCTION EQUITY, INC., 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, Drainage Easements and the right to construct, alter, and maintain drainage improvements and appurtenances on the hereinafter described lands which said easements are under, over, in and across that certain tracts or parcels 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, and removing drainage structures, canals, ditches 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. TO HAVE AND TO HOLD the above described easements and right -of -way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 2013. GRANTOR: CONSTRUCTION EQUITY, INC. By: � /� V1,._-_.. Printed Name: Vic Marino Title: President STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT X This instrument was acknowledged before me on the I �' day of , 2013, by Vic Marino, President, of CONSTRUCTION EQUITY, 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. .cA SV-1111) RETURN TO: City of Beaumont Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 Notary Public, State of Texas AM Same of Tva� ��N Fittz &Shipman INC. Consulting Engineers and Land Surveyors Ronald D. Fittz, P.E., R.P.L.S. (1948 -1987) Donald R. King, P.E. Terry G. Shipman, P.E., Chairman Walter J. Ksiazek, R.P.L.S. Billy J. Smith, Jr., President EXHIBIT A, PAGE 1 OF 3 CENTERLINE DESCRIPTION FOR A 20' WIDE DRAINAGE EASEMENT OUT OF THE H. WILLIAMS SURVEY, ABSTRACT 56 JEFFERSON COUNTY, TEXAS OCTOBER 3, 2012 That certain centerline description for a 20' wide drainage easement out of the H. Williams Survey, Abstract 56, Jefferson County, Texas, being across a called 4.580 acre tract conveyed to Construction Equity, Inc. as recorded in Clerks File No. 2011009231 of the Official Public Records of Jefferson County, Texas, said centerline description being more particularly described by the following courses and distances: Note: The Basis of Bearings is an east line of a called 4.793 acre tract conveyed to Construction Equity, Inc. as recorded in Clerks File No. 2009020467 of the Official Public Records of Jefferson County, Texas having been called North 02 °59'26" West 688.22 feet. COMMENCING at a capped iron rod found in the south line of a tract conveyed to Delaware Extension Development Ltd. as recorded in Clerks File No. 200047669 of the Official Public Records of Jefferson County, Texas for the northeast corner of the said 4.793 acre tract and the northwest corner of the said 4.580 acre tract; THENCE South 02 °59'26" East along the east line of the said 4.793 acre tract and the west line of the said 4.580 acre tract a distance of 519.20 feet (called South 02 059'26" East) to a point for the PC of a curve and the POINT OF BEGINNING of the said centerline from which a '/2" capped iron rod set for the southwest corner of the said 4.580 acre tract and the most northerly northwest corner of West chase Village, Section Ten, a plat recorded in Clerks File No.. 2012002468 of the Official Pudic Records of Jefferson County, Texas bears South 02 059'26" East 153.64 feet (called South 02 059'26" East); THENCE along the said centerline of a 20' wide drainage easement with a curve to the right having a chord bearing of South 89 015'58" East, a chord distance of 211.51 feet and a radius of 1555.98 feet, a distance along the curve of the 211.67 feet to a point for a reverse curve; THENCE continuing along the said centerline of a 20' wide drainage easement with a curve to the left having a chord bearing of South 86 049'35" East, a chord distance of 48.14 feet and a radius of 952.51 feet, a distance along the curve of 48.14 feet to a point in a west line of a called Fittz & Shipman, Inc. Page 1 of 2 Project No. 11034ConsEquityesmt Plat & Description 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 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 3 10.64 acre tract conveyed to Litwood, Inc. as recorded in Clerks File No. 2010016837 of the Official Public Records of Jefferson County, Texas and an east line of the said 4.580 acre tract for the POINT OF TERMINATION of the said centerline of the 20' wide drainage easement from which a Y2" capped iron rod set for the southeast corner of the said 4.580 acre tract and an interior corner of the said 10.64 acre tract bears South 02 059'16" East 141.07 feet (called South 02 059'16" East). This Field Note Description is based on a survey performed by Fittz & Shipman, Inc.during 2010 and 2011. Walter J. Ksiazek Registered Professio3Lnd Surveyor No. 5321 %.0 Fittz & Shipman, Inc. Page 2 of 2 Project No. 11034ConsEquityesmt Plat & Description COMMENCING POINT FOUND CAPPED IRON ROD CONSTRUCTION EQUITY, INC. CLERKS FILE NO. 2009020467, O.P.R.J.C. (CALLED 4.793 ACRES) TN 0 50 100 S C A L E EXHIBIT "A ", PAGE 3 OF 3 NOW OR FORMERLY DELAWARE EXTENSION DEVELOPMENT LTD. CLERKS FILE NO. 200047669, O.P.R.J.C. (CALLED N 87'13'32" E) O cR O N N O O) U 00 Z W Co E w Q c0 W M W t W 10 N 0 (n V N N m J O to U to vi L0 r FOUND CAPPED IRON ROD 308.72 CONSTRUCTION EQUITY, INC. CLERKS FILE NO. 2011009231 O.P.R.J.C. (CALLED 4.580 ACRES) POINT OF BEGINNING CENTERLINE 20' WIDE CAPPED DRAINAGE EASEMENT IRON ROD —Cl _ C2 CENTERLINE 20' WIDE DRAINAGE EASEMENT SET 1/2" CAPPED IRON ROD "15.161 WESTCHASE VILLAGE SECTION TEN CLERKS FILE NO. 2012002468, O.P.R.J.C. (CALLED 1.939 ACRES) SET 1/2" CAPPED IRON ROD REMAINDER OF LITWOOD, INC. CLERKS FILE NO. 2010016837, O.P.R.J.C. (CALLED 10.64 ACRES) I POINT OF TERMINATION CENTERLINE 20' WIDE DRAINAGE EASEMENT 4� Cr � W w� o tov°fi r ry t} in O p 04 o OJ SET 1/2" J CAPPED IRON ROD REMAINDER OF LITWOOD, INC. CLERKS FILE NO. 2010016837, O.P.R.J.C. (CALLED 10.64 ACRES) NUMBER DELTA RADIUS ARC CHORD CHORD BEARING Cl 07'47'40" 1555.98 1952.51 211.67 148.14 211.51 148.14 S 89'15'58" E C2 02'53'45" S 86'49'35" 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 DURING 201, 0 AND 2011. x`' T < ' Y3P�N rER 6321,,.. WALTER J. KSIAZEK � U€ V'� ' REGISTERED PROFESSIONA LAND SUR R NO. 5321 �.; Q: \PROJECTS \11034 Westchose Sec 11 \TASK 1 \11034Esmts.dwg Oct 03, 201 :28P+^ 11 20' DRAIN AGE EASEMENT SHEET NO. 111 Flt z Sh1 INC. PROJECT NAM: CONSTRUCTION EQUITY, INC. C and Land Surveyo� H. WILLIAMS SURVEY, A -56 PROJECT NO. 140�5�C0 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS 11034.0000 (409) 832 -7238 FAX (409) 832 -7303 DATE: 10 -3 -12 1 TASK 1