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HomeMy WebLinkAboutRES 13-163 RESOLUTION NO.13-163 WHEREAS, Scallon Controls, Inc. has agreed to convey one ten foot (10') wide exclusive water line easement, said easement being a 10,676 square foot tract out of Lot 4, Block 1 of the Romeda Commercial Park situated in the J. W. Bullock Survey, Abstract No. 7, as described in Exhibit"1" and shown on Exhibit "2," attached hereto, to the City of Beaumont for the purpose of facilitating the construction of an office building and warehouse located at 4850 Romeda 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 Scallon Controls, Inc., as described in Exhibit"1" and shown on Exhibit "2," 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 6th day of August, 2013. "`. UMO, �r,`� BSAsada u ayor ecky Nnes - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, SCALLON CONTROLS, of the County of Jefferson, State of Texas hereinafter called "GRANTOR", whether one or more, for and in consideration of the sure of ONE AND NO/100 DOLLAR (S1.00), 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 & 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 collectively, the "Easenient 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 1" 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 2013. GRANTOR: SCALLON CONTROLS 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 SCALLON CONTROLS, known to one to he 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 UNDL.R 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 Beaumcnt,TX 77704 FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors Telephone(409)813-3410 E-MAIL ADDRESS INFO@a FAUSTENG.COM Fax(409)813-3484 2525 Calder Street Beaumont,Texas 77702 Surveying Firm Registration No,100024-00 Engineering Firm Registration No.4800 EXHIBIT A PAGE 1 OF 2 FIELD NOTE DESCRIPTION FOR A 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF THE LOT 4, BLOCK 1, OF ROMEDA COMMERCIAL PARK AND A 15.538 ACRE TRACT OUT OF THE J.W. BULLOCK SURVEY, ABSTRACT 7, BEAUMONT,JEFFERSON COUNTY, TEXAS July 18, 2013 That certain 10,676 square foot tract being a 10 foot wide exclusive waterline easement out of Lot 4, Block 1, of the Romeda Commercial Park, as shown on a plat recorded in Volume 15, Page 391, of the Map Records of Jefferson County,Texas and out of a galled 15.538 acre tract out of the J,W. Bullock Survey, Abstract 7, conveyed to Scallon Controls, Inc, as recorded in Clerk's File No. 2011018427 of the Official Public Records of Jefferson County, Texas; said 10,676 square foot, 10 foot wide exclusive waterline easement being more particularly described as follows: BASIS OF BEARINGS is the south line of Lot 4, Block 1, Romeda Commerc al Park, as shown on a plat recorded in Volume 1.5, Page 391, of the Map Records of Jefferson County, Texas. BEGINNING at a 1/2" rebar found on the west right-of-way line of Romeda Road being a point on the north line of Lot 3, Block 1, of Romeda Commercial Park, the southeast corner of said Lot 4, Block 1 and the southeast corner of the herein described tract; THENCE South 89°25'00" West (reference bearing) along the north line of said Lot 3, Block 1, and the south line of said Lot 4, Block 1, a distance of 299.85 feet (called 300.00 feet) to a 1/2" rebar found for a point on the east line of the said 15.538 acre tract, the northwest corner of said Lot 3, 1 of 3 Field Note Description Block 1, and the southwest corner of said Lot 4, Block 1, and continuing a total distance of 326.05 feet to a 1/2" rebar set and capped "FAUST" for an angle point in the herein described tract; THENCE. North 00°17'18" West, a distance of 37.64 feet to a 1/2" rebar set and capped "FAUST" for an angle point in the herein described tract; THENCE South 89°42'42" West, a distance of 253.85 feet to a 1/2" rebar set and capped "FAUST" for an angle point in the herein described tract; THENCE North 00°17'18" West, a distance of 455.41 feet to a 1/2" rebar set and capped "FAUST" for a point in the south right-of-way line of Ward Drive as shown on the plat of Cardinal City Commercial Development as recorded in Volume 14, Page 190, of the Jefferson County Map Records, Jefferson County, Texas; said point being on the north line of the said 15.538 acre tract and the northwest corner of the herein described tract; THENCE North 89°42'42" East (called North 89°42'42" East) along the said south right-of-way line of Ward Drive and the north line of the said 15.538 acre tract, a distance of 10.00 feet to 1/2" rebar found for the southeast corner of the said right-of-way line of Ward Drive, and angle point it the north line of the said 15.538 acre tract, and the northeast corner of the herein described tract; THENCE: South 00°17'18" East, a distance of 445.41 feet to a 1/2" rebar set and capped "FAUST" for an angle point in the herein described tract; THENCE North 89°42'42" East, a distance of 253.85 feet to a 1/2" rebar set and capped "FAUST" for an angle point in the herein described tract; THENCE South 00°17'18" East, a distance of 37.44 feet to a 1/2" rebar set and capped "FAUST" for an angle point in the herein described tract; THENCE North 89°25'00" East, a distance of 316.00 feet to a 1/2" rebar found for a point on the west right-of-way line of Romeda Road, a point on the east line of said Lot 4, Block 1, and the northeast corner of the herein described tract; THENCE: South 00°40'08" East along the west right-of-way line of Romeda Road and the east line of said Lot 4, Block 1, a distance of 10.15 feet 2 of 3 Field Note Description to the POINT OF BEGINNING and containing 10,676 square feet of land, more or less. This description and the accompanying plat were prepared from a Land Title Survey performed under the supervision of Richard F. Faust, P.E., Registered Professional Land Surveyor No. 4782 on March 11, 2013. OF rF RICHARD F.FAUST Richard F. Faust, P.E. �:'0� 4762 Qy:� Registered Professional Land Surveyor No. 4782 9 .'-Ffiggtio?•�O 3 of 3 CARDINAL CITY COMMERCIAL DE VEt OplIfFS T N VOLUME 14, PAGE 190, LOT 4 � J.C.M.R- BLOCK 2 S 01:3525" E 30.00' LOT 4 (CALLED S 007800-E 28A40) -BLOCK I FOUND 518" N 89 59'25" E 270.42' FOUND I/,," (G'ALLED V I9.4-;"00"F 270.00) 60.08' ,A, CD N 85''4 2'00° f 60.00) FOUND I — — PE6AR SCALE t 100' FOUND 112- �OT 5 REPAR N 89*4242" E 10.00' J rj Ell EXHIBIT B ROMEDA COMMERCIAL PARK PAGE I OF I TO ACCOMPANY DESCRIPTION Q1 VOLUME 75 PAGE 397, J.C.M.R. or A 70,676 SO.FT. 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF FOUND 112- LOT 4, BLOCK 1, OF ROMEDA COMMERCIAL PARK C14 NOVI OR FORMERt Y Nt SCALLON CONTROLS, INC AND A 15.538 ACRE TRACT CLERK'$RIE NO. 2011018427 ORPRX CALLED 15,538 ACRES OUT Or THE co 03 CLERKS FILE NO. 2011018427 w V J.W. BULLOCK SURVEY, ABSTRACT 7 JCRpR. Lo v BEAUMONT 1EFFERSON COUNTY TEXAS x N NOTE. In Q� Q) UNLESS OTHERWISE Q) O Q NOTED, CORNERS ARE L 0 T 4 SET WTH A }" RESAR oCAPPED "FAUST". O 0077'75" E 3744,' CL N 89'42'42" L- 253.85' s 00*40'08" E 10 15'— 712- (CAI-,Fl) S DD-18'00"F 10.15) 1 /�REBAR / LL2E 91. S 894242" W 2538,5' N 89'25'00" E J16M' OUND 7/� ibT***FA- T r I N 00'17'18" W 37.64' ----RE&AR ........................... 4782 26.20`, _,louvD r12- 299.85' (CAI LCD JOCOO') 3 89'25'00" V✓ 326.05 (REFERENCE RrARfNG VOLUME 7" PACE 397) L01 J oc 0 .0 REGISTERED PROFESSIONAL LAND SURVEYOR NO 4782 ENGINEERING AND SURVEYING,INC. SURVEY REGISTRATION FIRM NO. 700024-00 f 2125 CAL.'CR STREEJ 5ERUMUNT,TUXaS 77702 C409>013-3x10 F" (499)813-3484 RRQJLCT 1203531 ���������������������� IIIIIIIIIIIIIIIIIIIIIIIIillllillllll BAPCS 2 013 026219 STATE- OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, SCALLON CONTROLS, of the County of Jefferson, State of Texas hercurafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR(S 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 3 827,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& 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 tho 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 hereinbefoi e 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 fAsement Property. TO HAVE,AND TO HOLD the above described easernent and right-of-way unto the said CYFY OF BEAUMONT, its successors and assigns forever. EXECUTED this �& _ day of ,c < S'1- ,2013. GRANTOR: SCALLON CONTROLS y� By �, Pte••-, , Printed Name: ,j z°_ -��,�'►lid f` Title '�: � _ r U_ f✓7: �S ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared as of SCALLON CONTROLS, known to ine 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--I—day of �2013, Notary Public, � Texas RETURN TO: City of Beaumont Notary Sta of Te Antoinette Hardy-Fng-ineering P. O. Box 3827 Beaumont, TX 77704 /ftm DWlilii AbO to N tary PWNC.State of Texan W Feb tarry 5 Evim. 19 FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors Telephone(409)813-3410 E-MAIL ADDRESS INFOCa)FAUSTENG.COM Fax(409)813-3484 2525 Calder Street Beaumont,Texas 77702 Surveying Firm Registration No.100024-00 Engineering Firm Registration No.4800 EXHIBIT A PAGE 1 OF 2 FIELD NOTE DESCRIPTION FOR A 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF THE LOT 4, BLOCK 1, OF ROMEDA COMMERCIAL PARK AND A 15.538 ACRE TRACT OUT OF THE J.W. BULLOCK SURVEY,ABSTRACT 7, BEAUMONT,JEFFERSON COUNTY, TEXAS July 18, 2013 That certain 10,676 square foot tract being a 10 foot wide exclusive waterline easement out of Lot 4, Block 1, of the Romeda Commercial Park, as shown on a plat recorded in Volume 15, Page 391, of the Map Records of Jefferson County,Texas and out of a called 15.538 acre tract: out of the J.W. Bullock Survey, Abstract 7, conveyed to Scallon Controls, Inc. as recorded in Clerk's File No. 2011018427 of the Official Public Records of Jefferson Country, Texas; said 10,676 square foot, 10 foot wide exclusive waterline easement being more particularly described as follows: BASIS OF BEARINGS is the south line of Lot 4, Block 1, Romeda Commercial Park, as shown on a plat recorded in Vo!LIme 15, Page 391, of the Map Records of Jefferson County, Texas. BEGINNING; at a 1/2" rebar found on the west right-of-way line of Romeda Road being a point on the north line of Lot 3, Block 1, of Romeda Commercial Park, the southeast corner of said Lot 4, Block 1 and the southeast corner of the herein described tract; THENCE South 89°25'00" West (reference bearing) along the north line of said Lot 3, Block 1, and the south line of :,N;d Lot A, Block 1, a -';stance of 299.85 feet (called 300.00 feet) to a 1/2" rebar found for a point on the east line of the said 15.538 acre tract, the northwest corner of said Lot 3, 1 0 f 3 Field Note Description Block 1, and the southwest corner ofsaid Lot 4, Block 1, and continuing total distance of326.O5 feet to a 1/2" rebar set and capped "FAUST" for an angle point inthe herein described tract, THENCE North 00^I7'18" West, a distance of37.G4 feet to a 1/2" rebar set and capped "FAUST" for an angle point in the herein described tract; THENCE South 89"42'42" West, a distance of 253.85 feet to e 1/2" rebar set and capped "FAUST" for Jn angle point in the herein described tract; THENCE North 00°17'18" West, a distance of 465.41 feet to a 1/2" rebar set and capped "FAUST" for a point in the south right-of-way line of Ward Drive as shown on the plat of Cardinal City Commercial Development as recorded in Volume 14, Page 190, of the Jefferson County Map Records, Jefferson County, Texas; said point being on the north line of the said 15.538 acre tract and the northwest corner ofthe herein described tract; THENCE North 89,42'42" East (called North Qg°42'42" East) along the said south rigrhi-of-way line of Ward Drive and the north line of the said 15.538 acre tract, a distance of 10.00 feet to 1/2" rebar found for the southeast corner of the said right-of-way line of Ward Drive, and angle point in the north line of the said 15.538 acre tract, and the northeast corner of the herein described tract; THENCE South 00017'18" East, a distance of 445.4l feet to a 1/2" rebar set and capped "FAUST"for an angle point in the herein described tract; THENCE North 89"42'42" East, a distance of 253.85 feet to a 1/2" rebar set and capped "FAUST° for an angle point in the herein described tract; THENCE South 00^17'18" East, a distance of]7.44 feet toa l/Z" rebar set and capped "FAUST° for an angle point in the herein described tract; THENCE North 89,25'00" East, a distance of 3l6.OU feet tn a l/Z" rebar found for point on the west right-of-way line nfRomeda Road, a point on the east line of said Lot 4, Block 1, and the northeast corner of the herein described tract; THENCE South nn,4UT2" E�,st along th- vvesrri�ht-of-vvay line ofRonneda Road and the east line of said Lot 4, Block 1, a distance of10.l5feet Field Note Description to the POINT OF BEGINNING and containing 10,676 square feet of land, more or less. This desc:riotion and the accompanying plat were prepared from a Land Title Survey performed under the supervision of Richard F. Faust, P.E., Registered Professional Land Surveyor No. 4782 on March 11, 2013. CO:Iz- `✓�' ' Fii0M.48D F.FAM Richard F. Faust, P.E. 4782 Registered Professional Land Surveyor No. 4782 9 . 0FFSS���'�O SUIR 3 0 f r� CARDINAL CITY COMMERCIAL 5 ( DEVELOPMENT VOLUME 14, PAGE 190, LOT 4 �- J C.M.R, BCC>CK 2 d — S 0135 25" E 30.00' (-OT 4 [� (CALLED S 0078'00" E 28.40) BLOCK 1 N 894242 E �= FOUND 5/8" N 89 59'25" E 270.42' FOUND 112" REBAR -REE?AR _ Q (CALLED N 89'42'00" E 270.00 j 60.08 �� c, CAL 1 E D N 89'42 0C"" E H0 00') A FOUND 112° �= — -- _ REBAR Q)_ SCATE = i(%0 FOUND 112"-/�I N 89'4242" E 1C,00' � w LOT 5 REBAR Q)o 1 - Q, N � a EXHIRI T f:' N ROMEDA COMMERCIAL PARK PAGE 1 OF 1 VOLUME 15, PAGE 391, TO ACCOMPANY DESCRIPTION U) A 10,676 SC-.F L 1 10 F^CT WOE EXCLUSIVE WV'7"ERL1Ne EASEMENT OUT OF 1 ' Fr7U;VC 1,!2" LOT 4, BLOCK 1, OF ROMEDA COMMERCIAL PARK (f) ! R_FBAR WLU64E 15. PAGE 331, LC.M.R. e1 ,'OW OR FORMERLY i AND A 15.538 ACRE TRACT SCALLON CONTROLS, IN` CLERK`S RLE NO. 201101bl.7 ORPRX CALLED 75.538 ACRES I OUT OF TNc CLERK'S FILE "JO. 2011013427 ^ J.W. BULLOCK SURVEY, .ABSTRACT 7 00 J.C.R.P.R. «} BEAUMONT, JEFFERSON C3UNTY TEXAS I\ t� N ( NOTE. p O h UtiLE55 OTHERWISE SF o NO 1 E.; CORNERS ARE z s 1 / o T 4 Q SET i_,rx A }„ REBAR ,ter PEO "FAUST". !QC) 0 �ca Qo ; S 00'17"119' t 37.44' 0'r .. � N 89'4242" E 253.85' i f S 00`40'08" E (CAI-LED s Uo7a'oo' co !Q.......... .........�.'•N [PO ffl ...... S 894242" W 253.85' ` ( V 89 25'00" E 316.00' OvND i '2• RICHARD F.FAUST REBAR :...............•............................;.......... N 00"1i' 18" W 3764' - 4792 299-85' !CALLE? 300.00') 1 •y`9O V7,'� 2G t0' REBAR —_ '� •..,./�C S \O`.. Q �—- S 8925'00 W 326.05 L.. 1 j7EFER_FNCE BEARING - VOLUME 15, PAGE 391) u v` ._3 I REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 ENGINEERING ANC SURVEYING,INC. 2525 CALDER STREET r BEAIlMUNT, 'il-XP.S 7772 SURVEY REGISTRATION FIRM NO. 100024-00 (409) eta-aalo . E?.;(409) 813-3484 PRN.IECT No 120353