HomeMy WebLinkAboutRES 13-256 RESOLUTION NO.13-256
WHEREAS, Duff Real Estate, LLC has agreed to convey one (1)ten foot(10')wide
exclusive water line easement, said easement being a 0.0795 acre tract out of and part of
Block 115, Gladys City Oil, Gas & Manufacturing Company Subdivision situated in the
John A. Veatch Survey, Abstract No. 55, 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 a new building located at 1555 West Cardinal Drive; 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 Duff Real Estate, LLC, 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 5th day of
November, 2013. Ox��� p ���l'
yor EYecky A s -
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NO
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STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, DUFF REAL ESTATE, LLC, of the County of Marion, State of Mississippi
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 Easerrient and
the exclusive right to construct, alter, and maintain said waterlines and appurtenances on the
hereinafter described jands 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 casement 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 hercinbefore described and use of the same for the
EXHIBIT "I"
purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate
the same as permitted by law.
GRANTOR ag)Tees 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 f�,asernent Property.
TO HAVE AND TO HOLD the above described casement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of 2013.
GRANTOR:
DUFF REAL ESTATE, LLC
By:
Printed Name:
Title:
ACKNOWLEDGMENT
STATE OF MISSISSIPPI X
COUNTY OF MARION X
BEFORE ME, the undersigned authority, on this day personally appeared
as of DUFF REAL ESTATE, LLC, 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 , 2013.
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy-Engineering
R O.Box 3827
Beaumont,TX 77704
EXHIBIT "A"
Legal Description: 10 Feet Wide Water Line Easement containing 0.0795 Acres
Out of and Part of Block 115
Gladys City Oil, Gas&Manufacturing Company Subdivision
Volume 1,Page 55, Map Records
John A. Veatch Survey, Abstract No. 55
Beaumont, Jefferson County, Texas
BEING a 10 feet wide water line easement containing 0.0795 acres situated in the John A.
Veatch Survey,Abstract No. 55, Jefferson County, Texas and being out of and part of Block 115
of the Gladys City Oil, Gas & Manufacturing Company Subdivision, a subdivision of the City of
Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 1, Page
55, Map Records, Jefferson County, Texas and being out of and part of that certain tract of land
as described in a "Warranty Deed with Vendor's Lien" from Emma Crenshaw to Crenshaw
Corporation as recorded in Volume 1694,Page 135, Deed Records,Jefferson County,Texas,and
also being out of and part of that certain called 3.0053 acre tract as described in a "Special
Warranty Deed" from Crenshaw Corporation to Duff RE Texas Gulf Coast, LP as recorded in
Clerk's File No. 2012006610, Official Public Records of Real Property, Jefferson County, Texas,
said easement being more particularly described as follows:
NOTE.- All bearings are referenced to the Southwesterly line of the said Block
115 as NORTH 27°40'00" WEST as recorded on the final plat of the said Gladys
City Oil, Gas & Manufacturing Company Subdivision as recorded in Volume 1,
Page 55, Map Records, Jefferson County, Texas. All set 518"iron rods set with
caps stamped"M.W Whiteley&Associates".
BEGINNING at a "Kohler" concrete monument found for the most Westerly corner of the tract
herein described, said corner being the most Westerly corner of the said Block 115 and the most
Southerly corner of Block 116 of the said Gladys City Oil, Gas & Manufacturing Company
Subdivision and furthermore said corner being the most Southerly corner of that 1.166 acre tract
of land as described in a "Special Warranty Deed with Vendor's Lien" from E-Z Mart Stores,Inc.
to Billy Van Nguyen and Nancy Thi Nguyen, husband and wife, as recorded in Clerk's File No.
2000047535, Official Public Records of Real Property, Jefferson County, Texas, and said corner
being in the Northeasterly right-of-way line of Gorman Road(based on a width of 80 feet);
THENCE NORTH 62 020'00" EAST, for the boundary between the said 3.0053 acre Duff RE
Texas Gulf Coast, LP tract and the said 1.166 acre Nguyen tract, the same being the common
line between the said :Blocks 115 and 116, for a distance of 341.70 feet to a 5/8" iron rod set for
corner, said corner being the most Easterly corner of the said 1.166 acre Nguyen tract and in the -
Southwesterly right-of.-way line of U.S Highway 69, 96 and 287 (also known as West Cardinal
Drive);
THENCE SOUTH 71°00'08" EAST, along and with the Southwesterly right-of-way line of.U.S.
Highway 69, 96 and 287, for a distance of 13.75 feet to a point for a corner;
EXHIBIT"A"
Page 1 of 2
MARK IV. Hw/TELEYAND ASSOCIATES,INC.
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F THENCE SOUTH 62�220'00" WEST, over and across the said 3.0053 acre Duff RE Texas Gulf
Coast, LP tract and 10 feet perpendicular and parallel to the Northwesterly line of the said 3.0053
acre Duff RE Texas Gulf Coast, LP tract, for a distance of 351.13 feet to a point for comer, said
corner being in the Northeasterly right-of-way line of Gorman Road and the Southwesterly line
of the said Block 115;
THENCE NORTH 27040'00" WEST, along and with the Northeasterly right-of-way line of
Gorman Road and the Southwesterly line of the said Block 115, for a distance of 10.00 feet to
the POINT OF BEGINNING and containing 0.0795 Acres,more or less-
This easement description is based a field survey performed January 17, 2012 by Thomas S.
Rowe, RPLS No. 5728. This legal description is being submitted along with a plat based on this
survey (see EXHIBIT"B").
OF
572'8
Thomas S. Rowe, RPLS No. 5728
EXHIBIT"A"
Page 2 of 2
CALL.
CORNER EXHIBIT "B"
REFER TO EXHIBIT 'A'
FOR LEGAL DESCRIPTION
SET 518
I. ROD
(FOR REF)
9
CALLED 10,84 ACRES
Ict,OR`
Su 518. CRENSHAW CORPORATION ,
I, ROD FC. NO, 102-06-2568
FND 5/8' IRON S71000'08'E' 13-75' OPRJC
ROD BEARS
N80'26'18'W 0,82'
10 FEET WIDE tol &�
(0.0795 ACRES) i5
1--WATER LINE EASEMENT
Mom
131,0G'�
xl�
cv at
CALLED 3.000 ACRES
DUFF RE TEXAS GULF COAST, LP
>- cn CF. NO, 2012006610
all OPRJC '44
GO nj)J'AS1014
116 Y5 clowpa"165
13110c'� mA14UFG10�114G C
CTU Vol,, I
POB
FWD KOHLER
CONC. momu. SET 5/8'
L ROD C&C.
376.02, (FOR REF) '30-001 CORNER\
FND M27*40'00*W 406.02'
N27°40'00"W 10.00' (CALL N22-40'00V 406.02) GDR MAN ROAD
REFERENCE B64RING PER PLAT (80' ROW)
TO IW OMM OF THE PRWM SMTYM FORA ENGINEERING SERVICES PUC 10 FEET YlDR WATER
AS OF THE WE or lw sm/Ey.- OR ft coo SME I LINE EASMfiW
0 - CONTAINING 0.0795 ACRES
HVLW caffy 1wr THS amw mts on 04Y l'of I
OUT OF AND PART OF
Wmcof OF THE GROM OF THE DESCRFM V.\2013\13-M\ W.
HMWM AND CORRECTLY RDYX9= THE 13-649 BLOCK 1,16
OF TOE SURVEY. GLADYS cm on, GAS
MANUFACTURING COMPANY
MARX T. Twum
AND ASSOCIATES
ilk i I SUBDIVISION
INCORPORATED
VOLUME 1, PAGE 55
emmmm vmaamm. MAP RECORDS
Ho M PLuww
rOMY' A. VEATCH SURVEY
5728 r + ABSTRACT NO. 66
PES51� � T. & am"m um mum"M BEAUMONT, JEFFERSON
I F�—om Q, ROW pR0f[NfM-2 ff 1%. 5728 COUNTY, lzus
EXHIBIT "2"
`Nfl'.AIflI�IIVVIIMI�IIlA�9�� �°"' '°'�°"�STATE OF TEXAS X
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT. DUFF REAL ESTATE, LLC, of the County of Marion, State of Mississippi
hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of
ONE AND NO/I00 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 & 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 "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 Va; - day of , 201
GRANTOR:
DUFF REAL ESTATE, LLC
By.
Printed Name:
Title:
STATE OF MISSISSIPPI
COUNTY OF MARION
ACKNOWLEDGMENT
X
X
BEFORE ME, the undersigned authority, on this day personally appeared
m as Cb0 of DUFF REAL ESTATE, LLC. known to
me to be the pees I 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, thisk `day of 2013.
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
APR ��w--
0 of ry lic. State of ids
NOTARY PUBLIC SS i SS
1D No. 19360
MY CcNnm ,;x 229, 2Q1688
.k
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r111111%
EXHIBIT "A"
Legal Description: 10 Feet Wide Water Line Easement containing 0.0795 Acres
Out of and Part of Block 115
Gladys City Oil, Gas & Manufacturing Company Subdivision
Volume 1, Page 55, Map Records
John A. Veatch Survey, Abstract No. 55
Beaumont, Jefferson County, Texas
BEING a 10 feet wide water line easement containing 0.0795 acres situated in the John A.
Veatch Survey, Abstract No. 55, Jefferson County, Texas and being out of and part of Block 115
of the Gladys City Oil, Gas & Manufacturing Company Subdivision, a subdivision of the City of
Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 1, Page
55, Map Records, Jefferson County, Texas and being out of and part of that certain tract of land
as described in a "Warranty Deed with Vendor's Lien" from Emma Crenshaw to Crenshaw
Corporation as recorded in Volume 1694, Page 135, Deed Records, Jefferson County, Texas, and
also being out of and part of that certain called 3.0053 acre tract as described in a "Special
Warranty Deed" from Crenshaw Corporation to Duff RE Texas Gulf Coast, LP as recorded in
Clerk's File No. 2012006610, Official Public Records of Real Property, Jefferson County, Texas,
said easement being more particularly described as follows:
NOTE. All bearings are referenced to the Southwesterly line of the said Block
115 as NORTH 27040'00" WEST as recorded on the final plat of the said Gladys
City Oil, Gas & Manufacturing Company Subdivision as recorded in Volume 1,
Page 55, Map Records, Jefferson County, Texas. All set 518" iron rods set with
caps stamped "M.. W. Whiteley & Associates ".
BEGINNING at a "Kohler" concrete monument found for the most Westerly corner of the tract
herein described, said corner being the most Westerly corner of the said Block 115 and the most
Southerly cornier of Block 116 of the said Gladys City Oil, Gas & Manufacturing Company
Subdivision and furthermore said corner being the most Southerly corner of that 1.166 acre tract
of land as described in a "Special Warranty Deed with Vendor's Lien" from E-Z Mart Stores, Inc.
to Billy Van Nguyen and Nancy Thi Nguyen, husband and wife, as recorded in Clerk's File No.
2000047535, Official Public Records of Real Property, Jefferson County, Texas, and said corner
being in the Northeasterly right-of-way line of Gorman Road (based on a width of 80 feet);
THENCE NORTH 62"20'00" EAST, for the boundary between the said 3.0053 acre Duff RE
Texas Gulf Coast, LP tract and the said 1.166 acre Nguyen tract, the same being the common
line between the said Blocks 115 and 116, for a distance of 341.70 feet to a 5/8" iron rod set for
corner, said corner being the most Easterly corner of the said 1.166 acre Nguyen tract and in the
Southwesterly right-of-way line of U.S Highway 69, 96 and 287 (also known as West Cardinal
Drive);
THENCE SOUTH 71 °00'08" EAST, along and with the Southwesterly right-of-way line of U.S.
Highway 69, 96 and 287, for a distance of 13.75 feet to a point for a corner;
EXHIBIT "A"
RL,IK6" 11: 11711TELr.F INI)-1SOCY,1Tr.C. stir
THENCE SOUTH 62"20'00" WEST, over and across the said 3.0053 acre Duff RE Texas Gulf
Coast, LP tract and 10 feet perpendicular and parallel to the Northwesterly line of the said 3.0053
acre Duff RE Texas Gulf Coast, LP tract, for a distance of 351.13 feet to a point for corner, said
corner being in the Northeasterly right-of-way line of Gorman Road and the Southwesterly line
of the said Block 115;
THENCE NORTH 27040'00" WEST, along and with the Northeasterly right-of-way line of
Gorman Road and the Southwesterly line of the said Block 115, for a distance of 10.00 feet to
the POINT OF BEGINNING and containing 0.0795 Acres, more or less.
This easement description is based a field survey performed January 17, 2012 by Thomas S.
Rowe, RPLS No. 5728. This legal description is being submitted along with a plat based on this
survey (see EXHIBIT "B").
T
W \20M13-649\13.649m&b.dm
EXHIBIT "A"
IRK If. H7/1TEiLF,I'AND:IS.SOCZITE5. /rV't_
< CALC.
CORNET
04 \
SET 5/8' \ \
y 1 1. ROD
(FOR REF) \
SET 518"
1. ROD
FND 518" IRON S71 °00'08 "E 13. 75'
ROD BEARS
N80'26' 18 "W 0.82'
O
fit+
co
co
`� ca �2 g O
"ZNas N O
O
O
�q
co
FND KOHLER
CONC. MONU.
10 FEET WIDE
(0.0795 ACRES)
WATER LINE EASEMENT
901' 5
EXHIBIT "B"
REFER TO EXHIBIT A"
FOR LEGAL DESCRIPTION
1
CALLED 10.84 ACRES
CRENSHAW CORPORA71ON
FC. NO. 102-06-2568
OPRJC
,
o 00 \
\ `rir \
LP. V
CALLED 3.0053 ACRES
DUFF RE TEXAS GULF COAST, LP
CF. NO. 2012006610
OPRJC
GNS "VIS't'-
LAp�S GI � � pLY �
A� 5
\ixsufxGTuf Vo �jRJC
'-N27040'00'W 10.00'
TO THE OWNERS OF THE PRONSES SURVEYED
AS OF THE DATE OF THE SURVEY.'
THOMAS S. ROW DO HEREBY CER►TfY THAT TENS SURVEY WAS TT
IDf ON THE SURFACE OF THE GROUND OF THE
REON AND CORRECTLY REPRESENTS THE F
THE SURVEY. �.JJ
Q��•O� 5 T E q%fit
cyNN•.MM.
THO, A...».:»
�) 5728 t�
,,, 376.02'
FND N2740'00"W 406.02'
(CALL N274000 "W 406.02 )
REFERENCE BEARING PER PLAT
DAY
DESCRIBED
l
"6'
g2Vp
2
� E
z aoo�ao
a o��
d
ppN
OU O W< W h
z uj ;§+a U
;;�al�I�
1y�'Lni pZ— OQ oyU�2
g
o 0
xO`g
N
,
SET 518' \ \
1. ROD
(FOR REF) _``30.00' C
OORMA N ROAD
(80' ROW)
FORD ENG2aCE MG SERVICES PUZ
1[4RK 11. WHrn GEY
AND ASSOCIATES
INCORPORATED
crxmrwc >omu=,
�[TarsToas = pulmm
eermar. n trove-ewiona�-isee wee m
•s-eee�ea
10 FEET AIDE TIATIR
Lm EAspidE T
CONTAINING 0.0795 ACRES
OUT OF AND PART OF
BLOCK 115
GLADYS CITY OIL, GAS do
MANUFACTURING COMPANY
SUBDIVISION
VOLUME 1, PAGE 55
MAP RECORDS
JOBN A. VEATCH SURVEY
ABSTRACT NO. 55
BEAUMONT, JEFFERSON
COUNTY, 7E[AS