HomeMy WebLinkAboutRES 14-003RESOLUTION NO. 14-003
WHEREAS, First Baptist Church of Beaumont, Texas, Inc., has agreed to convey
a ten foot (10') wide exclusive water line easement, said easement being a 0.5738 acre
tract out of the Almanson Houston League, Abstract No. 33, 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 church located at 3739 North Major 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 ten foot (10') exclusive water line easement conveyed by First Baptist
Church of Beaumont, Texas, Inc., being a 0.5738 acre tract out of the Almanson Houston
League„ Abstract No. 33, as described in Exhibit 1 and shown on Exhibit 2, attached
hereto, 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 7th day of
January, 2014.
UM0
UJ
In
- Mayo' ro Tern Wright -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, THE FIRST BAPTIST CHURCH OF BEAUMONT TEXAS, INC., 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 & 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
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:
THE FIRST BAPTIST CHURCH OF BEAUMONT TEXAS, INC.
By:
Printed Name: Jimmie Carpenter
Title:
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared
JIMMY CARPENTER as of THE FIRST BAPTIST CHURCH OF
BEAUMONT TEXAS, 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.
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
P. O. Box 3827
Beaumont, TX 77704
EXHIBIT "A"
10 Feet Wide Water Line Easement
Legal Description: 0.5738 Acre Water Line Easement
Almanson Houston League, Abstract No. 33
Jefferson County, Texas
BEING a 0.5738 acre water line easement situated in the Almanson Houston League, Abstract
No. 33, Jefferson County, Texas and being out of and part of that certain called 41.17 acre tract
of land as described in a deed from W.D. Gordon and wife, Mrs. W.D. Gordon to Boys' Haven
of America, Inc. as recorded in Volume 653, Page 446, Deed Records, Jefferson County, Tcxas
and being out of a 100.0 acre tract as recorded in Volume 9, Page 1, Map'Records, Jefferson
County, Texas as surveyed by C.A. Kohler dated May 25, 1950 and furthermore being out of that
certain called 100.0 acre tract of land as described, in a "Gift Deed" from Boys Haven of
America, Inc. to Boys' Haven of America Foundation as recorded in Clerk's File No.
2007017637, Official Public Records of Real Property, Jefferson County, Texas, and
furthermore being out of and part of that certain called 40.4824 acre tract of land as described in
a "Special Warranty Deed with Vendor's Lien" from Boys' I-[aven of America Foundation to
First Baptist Church of Beaumont, Texas, Inc. as recorded in Clerk's File No. 2011025232,
Official Public Records of Real Property, Jefferson County, Texas. said 0.5738 acre water line
casement being more particularly described as follows:
AJOTE: All bearings are based on the North line of the said Boys' I -loven of
America Foundation lracl as NORTH 90 °00'00" EAST as recorded in Vohtme 9.
Page 1, Map Records•, Jefferson County, Texas.
BE hit
GINNING at a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for
the most Northerly Southeast comer of the said 40.4824 acre First Baptist Church of Beaumont,
Texas, Inc. tract, the same being the most Northerly Northeast corner of the remainder of the said
100.0 acre Boys' Haven of America Foundation tract and being in the West right -of -way line of
F.M. Highway 364 (also knoHm as N. Major Drive);
THENCE NORTH 90 000'00" WEST, along and with the boundary between the said 40.4824
acre First Baptist Church of Beaumont, Texas, Inc. tract add the remainder of the said 100.0 acre
Boys' Haven of America Foundation tract, for a distance of 421.49 feet to a point for corner,
THENCE NORTH 67 030'00" WEST for a distance of 15.68 feet to a point for corner;
THENCE NORTH 90 °00'00" WEST for a distance of 427.63 feet to a point for corner;
THENCE NORTH 00 °00'00" WEST for a distance of 10.00 feet to a point for comer;
THENCE NORTH 90 000'00" EAST for a distance of 67.00 feet to a point for corner;
THENCE NORTH 00 °00'00" EAST- for a distance of 423.50 feet to a point for corner;
EXIIIBIT "A"
,11ARh' rr. rf7:JTFl.f: ?' L�D.•r.�4 {1CLiTlS.
THENCE NORTH 90 °00'00" EAST for a distance of 601.00 feet to a point for corner:
THENCE SOUTH 00 000'00" WEST for a distance of' 57.50 feet to a point for corner;
THENCE NORTH 90 000'00" EAST for a distance of 194.54 feet to a point for corner, said
point being in the West right -of -way line of F.M. Highway 364;
THENCE SOUTH. 01'01'31 " EAST, along and with the West right -of -way line of F.M.
Highway 364, for a distance of 10.00 feet to a point for corner;
THENCE NORTH 90 °00'00" WEST for a distance of 204.71 feet to a point for corner;
THENCE NORTH 00 000'00" WEST for a distance of 357.50 feet to a point for corner:
THENCE NORTI-C 90 °00'00" WEST for a distance of 308.31 feet to a point for corner,
THENCE SOUTH 00 000'00" EAST for a distance of 21.27 feet to a point for corner;
THENCE .NORTH 90 000'00" WITS "f for a distance of 10.00 feet to a point for corner;
THENCE NORTH 00 000'00" WEST for a distance of 2127 feet to a point for corner;
THENCE NORTH 90 000'00" WEST for a distance of 262.69 feet to a point for corner;
THENCE SOUTH 00 000'00" WEST for a distance of 413.50 feet to a point for corner;
THENCE NORTH 90 000'00" EAST for a distance of 316.13 feet to a point for corner;
THENCE NORTH 00 °00'00" WEST for a distance of 39.00 feet to a point for corner;
THENCE NORTH 90 000'00" EAST for a distance of 10.00 feet to a point for corner,
THENCE SOUTH 00 000'00" EAST for a distance of 39.00 feet to a paint for comer;
THENCE NORTH 90 000'00" EAST for a distance of 26.48 feet to a point for comer;
THENCE SOUTH 67 030'00" EAST for a distance of 15.68 feet to a point for corner;
THENCE NORTH 90 000'00" EAST for a distance of 379.44 feet to a point for corner;
THENCE NORTH 00 °00'00" WEST for a distance of 8.00 feet to a point for corner;
THENCE NORTH 90 000'00" EAST for a distance of 10.00 feet to a point for comer;
THENCE SOUTH 00 000'00" EAST for a distance of 8.00 feet to a point for corner;
EXHIBIT "A"
Pa "e 2 of 3
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EXHIBIT 2
11,1111 1I 111 111il 111I 11II 11111 1I 11111111 1111 1111 .a.`
STATE 01- TEXAS
COUNTY OF JEFFERSON
2014000783
X
KNOW ALL MEN BY THESE PRESENTS:
X
WATER LINE EASEMENT
THAT, TIIE FIRST BAPTIST CHURCH OF BEAUMONT TEXAS, INC., 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 & 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
apl-.1urtenances, and the tbllowing 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
in(,ress to and egress from the tracts of land hereinbefore described and use of the salve for the
Purposes aforesaid, and giving said City the right and privilege to improve,
the same as permitted by law. p e maintain and operate
GRANTOR agrees not to place any structures or appurtenances within
Property that will interfere with Grantee's abilihe
ty to exercise t�m the Easement
Easement Rights.
Grantee shall not be responsible for the repair and replacement of
structures within the Easement Property. a11ypaving or other
TO HAVE AND TO HOLD the above described easement and ri h -
CITY OF BEAUMONT, its successors and assi b t of -way unto the said
gns forever.
EXECUTED tl,Ais
3't day of e<!c--,,4
GRANTOR: 2013.
TI IE FIRST BAPTIST CHURCH OF BEAUMONT TEXAS, INC
Printed F
Name:
Title: -TTEA
Printed Name: V i
Title:
STATE OF TEXAS
COUNTY OF JEFFERSON
ACKNOWLEDGMENT
X
91
BEFORE ME, the undersigned authority, on this day personally appeared
` c 4 - `e- iL/ e_. ` as 'Trus �e_ e, of THE FIRST BAPTIST CHURCH
OF BEA4JMONT TEXAS 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this (day ofL_:u i 2013.
VCNDELL TYLER
My Commission Expires
November 12, 2014
st1 rE � tF.i.Y"
STATE OF TEXAS X
COUNTY OF JEFFERSON X
Notary P a ic, State of Texas
_ BEFORE ME, the undersigned authority, on this day personally appeared
lLal (/z4,aaA.fP-i- as ( 1^us e e- of THE FIRST BAPTIST CHURCH
OF BEAUMONT TEXAS, INC., known to me to be the person and officer whose name is
subscribed to the foregoing instrument, and acknowledged to me that lie 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�344ay of A''�IV— -4,,2013.
Any Pv
P�4
VONDELL TYLER
My Commission Expires
November 12, 2014WNW
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
G' t� -6- ,
Notary Pt lic, State of Texas
EXHIBIT "A"
10 Feet Wide Water Line Easement
Legal Description: 0.5738 Acre Water Line Easement
Almanson [Iouston League, Abstract No. 33
Jefferson County_ Texas
BEING a 0.5738 acre water line easement situated in the Alnlanson I Iouston Leagitc, Abstract
No. 33, Jefferson County, "Texas and being out of and part of that certain called 41.17 acre tract
of land as described in a deed from W.D. Gordon and wife, Mrs. W.U. Gordon to Boys' Haven
of America, Inc. as recorded in Volume 653. Pale 446, Deed Records, Jefferson County, "Texas
and being out of a 100.0 acre tract as recorded in Volume 9, Page 1, Map Records, .Jefferson
County. Texas as surveyed by G.A. Kohler dated May 25, 1950 and furthermore being out of that
certain called 100.0 acre tract of land as described in a "Gift Deed" from Boys haven of
America, Inc. to Boys' Haven of America Foundation as recorded in Clerk's File No.
2007017637, Official Public Records of Rcal Property, .1cflerson County, Texas, and
furthermore being out of and part of that certain called 40.4924 acre tract of land as described in
a "Special Warranty Deed with Vendor's Lien" from Boys' Haven of America Foundation to
First Baptist Church of Beaumont. Texas, Inc. as recorded in Clerk's File No. 2011025232.
Official Public Records of Real Property, Jefferson County, Texas, said 0.5738 acre water line
easement being more particularly described as follows:
1'OTE: ,i11 heurin s are husecl on the ,'Forth lute of the suicl Boys' Haven of
.41nerica f'oundation tract as NORTH 90'00'00" EAST as reca-decl in Volume 9,
1)tWe 1, ,llap RecorcLs, Jefferson C'ounly. Texas.
BEGINNING at a 5f8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for
the most Northerly Southeast corner of the said 40.4824 acre First Baptist Church of Beaumont,
Texas, Inc. tract, the same being the most Northerly Northeast corner of the remainder of the said
100.0 acre Boys' Haven of America Foundation tract and being in the West right-of-way line of
F.M. Highway 364 (also known as N. Major Drive);
THENCE NORTH 90°00'00" WEST, along and with the boundary between the said 40.4824
acre First Baptist Church of Beaumont, Texas. Inc. tract and the remainder of the said 100.0 acre
Boys' Haven of America Foundation tract, for a distance of 421.49 feet to it point for corner;
THENCE NORTH 67°30'00" WEST for a distance of 15.68 feet to a point for corner;
THENCE NORTH 90000'00" WEST` Ibr a distance of 427.63 feet to a point for corner:
THENCE NORTI1 00000'00" WTST for a distance of 10.00 feet to a point for corner;
"THENCE NORTH 90°00'00" EAST for a distance of-67.00 feet to a point for corner.
THENCE NORTH 00000'00" EAST fbr a distance of 423.50 feet to a point for corner:
EXHIBIT"A"
Paee 1 oF3
i
THENCE NORTH 90"00'00" EAST for a distance of'601.00 feet to a point for corner:
THENCE SOUTH 00°00'00" WEST Ior a distance of357 S0 feet to a point for comer:
THENCE NORTH 90°00100" PAST for a distance of 194.54 feet to a point for corner, said
bein
g
h
point
1 � in the West right-of-way line of F.M. Highway 364;
i
THENCE SOUTH 0100P3I" EAST, along and with the West right-of-wav line of F.M.
I lighway 364. for a distance of 10.00 feet to a point for corner;
i
THENCE NORTH 90000100" WEST for a distance of 204.71 tcet to a point for corner: I
THENCE NORTH 00000100" WEST for a distance of 357.50 feet to a point for corner:
THENCE NORTI 190°00'00" WEST for a distance of 308.31 feet to a point for corner:
THENCE SOUTH 00°00'00" EAST for a distance of 21.27 feet to a point for corner:
THENCE NORTH 90000'00" WEST fora distance of 10.00 feet to a point for corner:
THENCE NORTI I 00"00'00" 'WEST for a distance of21.27 feet to a point for corder:
THENCE NORTH 90°00'00" WEST for a distance- of 262.69 feet to a point for corner;
THENCE SOUTI I 0{)°00'00" WEST for a distance of 413.50 feet to a point for comer,
THENCE NORTH 90°00'00" EAST for a distance of 3I6.13 feet to a point for corner:
THENCE NORTTI 00000'00" WEST for a distance of39.00 feet to a point for corner;
THENCE NORTH 90°00'00" EAST for a distance of 10.00 feet to a point for corner:
THENCE SOUTH 00°00'00" EAST for a distance of' 9.00 feet to a point for corner;
THENCE NORTH 90°00'00" EAST for a distance of 26.48 feet to a point for corner;
THENCE SOUTH 67°30'00" FAST for a distance of 15.68 feet to a point for corner:
THENCE NORTII 90'00'00" EAST for a distance of 379.44 feet to a point for corner:
THENCE NORTH 00"00'00" WEST for a distance of 9.00 feet to a point for cor7ler;
THENCE NORTH 90"00'00" EAST for a distance of 10.00 feet to a point for corner:
THENCE SOUTH 00°00'00" EAST for a distance of 8.00 feet to a point for corner.
9f
WHENCE NORTH 90°00'00" EAST for a distance of 30.00 feet to a point for corner. said
corner Being in the West right-of-way line of P.M. Highway 364,
THENCE SOUTH 00"20'01" EAST. along and with the West right-of-way line of F.M.
I-lighway 364, for a distance of 10.00 feet to the POINT OF BEGINNING and containing
0.5738 Acres, more or less.
This legal description has been based on a sur cy dated .fitly 27, 2011 prepared by Mark W.
Whiteley and Associates. Inc.. This legal description is being submitted along with a plat based
on this su1-VCR- (see EXHIBIT "B").
OF
"sT� •:i'�
Thomas S. Rowe. RPI.S No..5728 � .i�
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