HomeMy WebLinkAboutRES 13-206 RESOLUTION NO.13-206
WHEREAS, Spindletop MHMR Services has agreed to convey one(1)ten foot(10')
wide exclusive water line easement, said easement being a 0.1197 square foot acre tract
out of the David Brown Survey, Abstract No. 5, 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 the new Spindletop 811 Center located at 2750 South 8`h Street; 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 Spindletop MHMR Services, 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 24th day of
September, 2013.
- Mayor EWcky Ames -
l�e� /f
STATE OF TEXAS X
KNOW ALL MIN BY TI IE'SE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, SPINDLETOP MHMR SERVICES 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. 0. 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
purposcs.
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
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 basement Property,
TO HAVE AND TO 140LD the above described easement and right-of-way unto the said
CFTY OF1313AUMONT, its successors and assigns forever.
FXECUTE-D this day of-,-, 2013.
GRANTOR:
SPINDLETOII MHMR SERVICES
By:
Panted Name:
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY Of JE'FFFR-SON X
BEFORE ME, the undersigned authority, on this day personally appeared
of"SPINDLETOP MHMR SERVt.CES,
know-at to me to be the person and officer whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the sane as the act of such corporation for the
PUrpOSCS and consideration therein expressed and in the capacity therein stated,
GIVEN UNDER MY HAND AND SEAL OF OHICE, this—day of 2013.
Notary Public, State of Texas
RETIJRN TO: City of Beaumont
Antoinette Hardy- Engineering
P. O. Box 3827
Beaumont,TX 77704
Fittz&Shipman
INC.
Consulting Engineers and brand Surveyors
lRonald D.Fittz,P.E.,R.P.L.S.J948-1987) Donald R.King,P.E.
Terry G.SM'rman, P.E.,Oa'nnan 1Nal(er J. Ksiazek,R.P.L.S.
Billy 1.Smi?h,Jr.,President
EXIIII3IT A, PAGE 1 OF 3
CENTERLINE DESCRIPTION
FOR A
10' WIDE EXCLUSIVE WATER LINE EAEMENT
OUT OF THE
DAVID BROWN SURVEY, ABSTRACT 5
JEFFERSON COUNTY, TEXAS
AUGUST 20,2013
That certain centerline description for a 10' wide exclusive water line easement out of the
David Brown Survey, Abstract 5, Jefferson County, Texas, being across a called 1.876
acre tract described in a Deed of Trust between Spindletop Housing Corporation and
Department of Housing and Urban Development as recorded in Clerks File No.
2013024175 of the Official Public Records of Jefferson County, Texas, said 1.876 acres
being more particularly described by metes and bounds as follows:
Note: Bearings are based on the east line of the said 1,876 acre tract being South 329.99
feet.
COMMENCING at a capped iron rod found at the intersection of the west line of a 45'
wide drainage easement and the south right-of-way line of Roberts Street for the
northeast corner of the said 1.876 acre tract from which a capped iron rod found for the
southeast corner of the said 1.876 acre tract bears South 329.99 feet (called South
329.99 feet);
THENCE North 89°59'25"West along the said south right-of-way line of Roberts Street
and the north line of the said 1.876 acre tract a distance of 58.48 feet (called North
89°59'25" West) to a point for the POINT OF BEGINNING of the said centerline of the 10'
wide exclusive water line easement from which a '/" iron rod found for the northeast
corner of a tract conveyed to Rena Robinson Reed as recorded in Clerks File No.
9819596 of the Official Public Records of Jefferson County, Texas and an exterior corner
of the said 1,876 acre tract bears North 89 059'25" West 54.12 feet (called North 89°59'25"
West);
THENCE South along the said centerline of the 10'wide water line easement a distance
of 264.42 feet to an angle point;
Fittz &Shipman, Inc.
Page 1 of 2
Project No. 12030WtrEsmt
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
THENCE West along the said centerline of the 10' wide water line easement, at a
distance of 34.41 feet pass a point for the POINT OF BEGINNING OF TAP A, from which
the POINT OF TERMINATION of said TAP A bears North 13.00 feet, at a distance of
175.91 feet pass a point for the POINT OF BEGINNING OF TAP B, from which the
POINT OF TERMINATION of said TAP B bears North 13.00 feet, and continuing a total
distance of 241.21 feet to a point in the east right-of-way line of S. 8t" Street and the west
line of the said 1.876 acre tract for the POINT OF TERMINATION of the said 10' wide
exclusive water line easement from which a 1/" iron rod found for the southwest corner of
the said 1.876 acre tract bears South 00 002'50" West 65.82 feet (called South 00°02'50"
West);
This description is based on a survey made by Fittz & Shipman, Inc. during April 2013.
l
Waiter J. Ksiazek
Registered Professional Land Su or No. 5321
Fittz Shipman,Inc.
Page 2 of 2
Project No. 12030WtrEsmt
Plat& Description
KUM A. PAGE 3 OF 3
FOUND I ROBERTS STREET COMMENCING
IRON PIPE FOuND 1/2" (ASPHALT ROW) POINT
--FOUND 5/8- IRON ROD FOUND
(CALLED 5 �89'5�B'01' E 7517) IRON ROD (CALLED IN '89-59-25- W 112.60) CAPPED
S 89,58r01" E 75.17 �N89*59'25" W 112.60 IRON ROD
5 1
-474 1 54.12 58.48
94S WT
(CALLED 5 89'4S44- POINT OF
BEGINNING
RENA ROBINSON REED I CENTERLINE
CLERKS FILE NO 9819590, O.P.R.J.C. 10' WIDE
EXCLUSIVE
WATER LINE
o
04>e EASEMENT
ul c�
uj
p
0 C14 7
Z
FOUND--
FOUND I
E- CAPPED CAPPED
FOUND ,/Z- IRON ROD IRON ROD
FOUND
CAPPED
IRON ROD
IRON OD ( .. I
(CA�ED N 89'43'46" 1, 112.53) ml
8
N 89*431'46' E 112.53 Asa
E-H OF
Gqy BEACMOWT
5'SEWER EASEMENT
o VOL. 810. PG. 464, D.R.J.C.
K
co L 0
T
LO
1-01 8 Lo
-J 1 7 1
I I
to co FOURTH SIREE! ACRES Aut)I TION I
CD VOL, 6. PG. 99,M.R.J.C.
m 1.876 ACRES <
0 0.
P b
0 Z
65.30 141.50 4 41-J
L
0
—POINT WEST 241.21
OF I-CENTERLINE
TERMINATION 10' WIDE
N CENTERLINE
co EXCLUSIVE
t6 10' WIDE
WATER LINE
to EXCLUSIVE FOUND 1/2° FOUND ASEMENT
D
WATER LINE IRON ROD 0 ED
EASEMENT 224.72 DO
02 LE��� 1��
5 '57'17' W 299.74
(CALLED S 89-57'17- W 299.74) FOUND
FOUNp 1/2°IRON ROD NOW OR FORMERLY CAPPED
M�IMR OF SOUTHEAST TEXAS IRON ROD
FILM, CODE 101-89-2308,RP.R.J,C.
(APPROXIMATE 0.833 ACRE)
SURVEYOR'S CERTIFICATION:
1 00 HEREBY CERTIFY, TO THE REST OF MY KNOWLEDGE AND BELIEF,
THAT THIS IS AN ACCURATE PLAT OF A SURVEY& DESCRIPTION MADE
ON THE GROUND UNDER MY SUPERVISION DURING APRIL 7013,
0 25 50
WALTER J. KSIAZEK
REGISTERED PROFESSIONAL
0:\PROJEC7S\12030 - Spindj.t.p Ce.t.,\Sw-y\TASK 4\I2D30WtrE.-td.q Aug 23,2013 09:140- SHEET NO.
10 WIDE EXCLUSIVE WATER LINE EASEMENT
F"Ittz&S hi pma n 3
INC. PROTECT NAME: MHMF OF SOUTHEAST TEXAS
Comuloq Eminew wul Land SwwYors d/b/a SPINDLETOP CFNTER
BEAUMONT, TEXAS PROJECT NO.
1405 CORNERSTONE COURT,E 12030
(409)832-7238 FAX� EXHIBIT "2" DATE:8-20-13
EAS 2 013032560
7 PGS
STATE OF TEXAS X
KNOW ALL MEN BY "THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, SPINDLETOP MHMR SERVICES 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 day of .St+;��-�za �2 12013.
GRANTOR:
SPINDLETOP MHMR SERVICES
By:
Printed Name: Ll �;,
Title: �� �`
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME,, the undersigned authority, on this day personally appeared
541.L(j aj(etj!ssA(ZD as �)I RpG;o tZ of SPINDLETOP MHMR SERVICES,
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 14 day of -`�- , 2013.
N ary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy- Engineering
P. O. Box 3827
Beaumont, TX 77704
r
ANNIE J SMITH
My Commission Expires
April 23,2016
��hOF
FRU&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.
Biliv J.Smith,Ir.,President
EXHIBIT A, PAGE I OF 3
CENTERLINE DESCRIPTION
FOR A
10' WIDE EXCLUSIVE WATER LINE EAEMENT
OUT OF THE
DAVID BROWN SURVEY, ABSTRACT 5
JEFFERSON COUNTY,TEXAS
AUGUST 20, 2013
That certain centerline description for a 10' wide exclusive water line easement out of the
David Brown Survey, Abstract 5, Jefferson County, Texas, being across a called 1.876
acre tract described in a Deed of Trust between Spindletop Housing Corporation and
Department of Housing and Urban Development as recorded in Clerks File No.
2013024175 of the Official Public Records of Jefferson County, Texas, said 1.876 acres
being more particularly described by metes and bounds as follows:
Note: Bearings are based on the east line of the said 1.876 acre tract being South 329.99
feet.
COMMENCING at a capped iron rod found at the intersection of the west line of a 45'
wide drainage easement and the south right-of-way line of Roberts Street for the
northeast corner of the said 1.876 acre tract from which a capped iron rod found for the
southeast corner of the said 1.876 acre tract bears South 329.99 feet (called South
329.99 feet);
THENCE North 89059'25" West along the said south right-of-way line of Roberts Street
and the north line of the said 1.876 acre tract a distance of 58.48 feet (called North
89059'25"West)to a point for the POINT OF BEGINNING of the said centerline of the 10'
wide exclusive water line easement from which a '/" iron rod found for the northeast
corner of a tract conveyed to Rena Robinson Reed as recorded in Clerks File No.
9819596 of the Official Public Records of Jefferson County, Texas and an exterior corner
of the said 1.876 acre tract bears North 89'59'25"West 54.12 feet (called North 89'59'25"
West);
THENCE South along the said centerline of the 10' wide water line easement a distance
of 264.42 feet to an angle point;
Fittz&Shipman, Inc.
Page 1 of 2
Project No. 12030WtrEsmt
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
THENCE West along the said centerline of the 10' wide water line easement, at a
distance of 34.41 feet pass a point for the POINT OF BEGINNING OF TAP A, from which
the POINT OF TERMINATION of said TAP A bears North 13.00 feet, at a distance of
175.91 feet pass a point for the POINT OF BEGINNING OF TAP B, from which the
POINT OF TERMINATION of said TAP B bears North 13.00 feet, and continuing a total
distance of 241.21 feet to a point in the east right-of-way line of S. 8th Street and the west
line of the said 1,876 acre tract for the POINT OF TERMINATION of the said 10' wide
exclusive water line easement from which a 1/2" iron rod found for the southwest corner of
the said 1.876 acre tract bears South 00002'50" West 65.82 feet (called South 00'02'50"
West);
This description is based on a survey made by Fittz & Shipman, Inc. during April 2013.
Walter J. Ksiazek
Registered Profession and Su or No. 5321
Fittz Shipman, Inc.
Page 2 of 2
Project No. 12030WtrEsnit
Plat& Description
EXHIBIT A, PAGE 3 OF 3
FOUND 1" ROBERTS STREET COMMENCING
IRON PIPE FOUND 1/2" (ASPHALT ROW)
FOUND 5/8 POUND
OINT
(CALLED S 89'58'01" E 75.17) IRON ROD (CALLED N 89-59'25" W 112.60) CAPPED
S 89*58'01" E 75.17 N 89*59'25" W 112.60 IRON ROD
IRON ROD
CA f
S 89-43-44- W1112.53 54.12 1 58.48
(CALLED 5 89-43'44"1 W 112,53) I POINT OF
BEGINNING
RENA ROBINSON REED I CENTERLINE
CLERKS FILE NO, 9819596, O.P.R,J,C. I 10' WIDE
EXCLUSIVE
WATER LINE
00 ll�Do �2 C14
c,4 �2 EASEMENT
oi
't 'm
W
p o
0
r- cli :*
0 Oz
0 r- p 00 z 67-6
z 00 Ld 041 0:2
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0 V) <
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CD
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L,LU:L
FOUND FOUND 0 3"
E- CAPPED CAPPED >'LL8 9
FOUND 1/2" IRON ROD IRON ROD I I O 7
IRON ROD 0 -1
(CALLED N 89'43'46" E 11Z53) V) 0
')— z
c� V., :WE
E- N 89*43'46" E 112.53 O' Uj
CITY OF BEAUMONT m
172 c*4 Li
<Uj
Ld
5' SEWER EASEMENT M ca
o VOL. 810, PG. 454, D.R.,I.C. I =o U- <
0 z
E- 0 Ln
LU V
0 )
-i
V)-J <
C LOT 7 wOT 6
U-j �3'0 T ACRES ADDITION
0) FOURTH STREET
M m 0? VOL. 6, PG 99, M,R.J.C.
a 3 I o'
CQ 1.8761 ACRES
co
�n
("4, �-:0 IL
p o o CL
wo x c)
0 tn
C14 0 In
op 65.30 Z 7_FFL 141.50 1 31�.41
oO _tTL -
(n
0 1-NT O—F--' _I_-WEST 241.2W_
< 1
TERMINATION CENTERLINE
CENTERLINE 10' WIDE
10 WIDE EXCLUSIVE
'
EXCLUSIVE FOUND 1/2" FOUND SEMENT WATER LINE
FOUND EA
WATER LINE IRON ROD 0 'APPED
EASEMENT 224.72 IRON ROD
75.02 TI
0.12' NORTH 112.65
S 89*57'17" W 299.74-
(CALLED S 89*57'17" W 299.74)
FOUND 112" FOUND
IRON ROD NOW OR FORMERLY CAPPED
MHMR OF SOUTHEAST TEXAS IRON ROD
FILM CODE 101-89-2308, R,P,R.J.C.
(APPROXIMATE 0.833 ACRE)
SURVEYOR'S CERTIFICATION:
1 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 APRIL. 2013.
0 25 50
WALTER J. KSI AZEK c A L E
REGISTERED PROFESSIONAL LAND 540VEYOR NO. 5 el
Q:\PROJECTS\12030 - Spindletop Center\SurveATASK 4\12030WtrEsmt.dwg Aug 23, 2013 09:14am
c5s'hipman 11' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO.
F 1 ttz fD-015 PROJECT NAME: MHMR OF SOUTHEAST TEXAS 3
Comuft&q Engineers and'Land Surveyors d/b/a SPINDLETOP CENTER
1405 CORNERSTONE CCOURT, BEAUMONT, TEXAS BEAUMONT, TEXAS PROJECT NO.
(409) 832-7238 FAX (409) 832-7303 DATE:8-20-131 12030 1