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HomeMy WebLinkAboutRES 14-048RESOLUTION NO.14 -048 WHEREAS, Quality Mat Company has agreed to convey a ten foot (10') wide non- exclusive water line easement, said easement being a 948.42 sq. foot acre tract out of the J.W. Bullock League, 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 a new building for ITI Logistics, LLC located at 4925 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 ten foot (10') non - exclusive water line easement conveyed by Quality Mat Company, being a 948.42 sq. foot acre tract out of the J.W. Bullock League, Abstract No. 7, 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 25th day of February, 2014. ow LU L a AV = ? 7yor Becky-Ames - 1 i e { 1 7yor Becky-Ames - STATE OF TEXAS X COUNTY OF JEFFERSON KNOW ALL, MEN BY THESE PRESENTS: NN7ATER LINE EASEAIENT THAT, QUALITY MAT COMPANY, of the County of Jefferson, State of Texas hereinafter called "GRANTOR ", whether one or more, for and M consideration of the sum of ONE AND NO 1100 DOLLAR ($1.00), and other good and valuable consideration to us in band 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 IBEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line Easement and the right to construct, alter, and maintain said waterlines and appurtenances on the hereinafter described lands which said casement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jcfferson, State of Texas, and being more particularly described in Exhibit "A ", attached and made a part hereof for all purposes. "fhe casement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and /or removing water liries and appurtenances, and the following tights 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 frona 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 EXHIBIT 111" the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances w1thin the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. Grantee snail 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 BEAUMONI', its successors and assigns forever. EXECUTED this _ day of __ , 2014. GRANTOR: QUALITY MAT COMPANY Icy: Printed Name. Title: ACKNOW1,EDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared of QUALITY MAT COMPANY, known to ine to be 1ie Person wid officer whose name is subscribed to the foregoing instrument, and acknowledged to nne 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 , 2014. Notary Public, State of Texas RETURN TO: City of Beauwnont Antoinette Hardy - Engineering P. O. Box 3827 Benunlorrt, TX 77704 INC. Ronald D. i 1ttz, P.L., R.P.L.S, 094£3 -1XV) 1 crry G. Shipinan, P. E., Chairman B[Vy I. S1110), Ir., Presiden! Considlin Enqineeis and Land Surveyors Donald R. King, !'.E. Wa.ltcr J. I;s[Lzck, R.P.L.S. EXH113IT A, PAGE 1 OF 3 CENTERLINE DESCRIPTION FOR A 10' WIDE NON - EXCLUSIVE MATER LINE EASEMENT OUT OF THE J. W. BULLOCK LEAGUE, ABSTRACT 7 JEFFERSON COUNTY, TEXAS DECEMBER 12, 2013 REVISED: JANUARY 21, 2014 That certain centerline of a 10' wide non - exclusive water line easement, 5' on each side of the centerline, out of the J. W. Bullock League, Abstract 7, Jefferson County, Texas, and being across a called 3.070 acre tract conveyed to Community Bank & Trust, SSB as Custodian for Quality Mat Company as recorded in Clerks File No. 2003053108 of the Official Public Records of Jefferson County, Texas, said centerline being More particularly described by the courses and distances as follows: Note: Bearings are referenced to the northeasterly line of a called 3.473 acre tract conveyed to ITl Logistics, LLC as recorded in Clerks File No. 2013029748 of the Official Public Records of Jefferson County, Texas having been called North 57 °37'40" West 238,10 feet. COMMENCING at 112" iron pipe found in the southwesterly right -cf -way line of W. Cardinal Drive for the northwest corner of a called 1.9947 acre tract conveyed to TWn- Nguyen Holdings, LLC as recorded in Clerks File No. 2012033525 of the Official Public Records of Jefferson County, Texas and the northeast corner of the said 3.473 acre tract; THENCE South 00 °32'54" West along the west line of the said 1.9947 acre tract and a portion of called 2.1536 acre tract conveyed to Jarra, Inc, as recorded in Clerks File No. 2013007807 of the Official Public Records of Jefferson County, Texas being the east line of the said 3.473 acre tract a distance of 409.53 feet (called South 00 °23'38" West 409.50 feet) to a' /" iron rod found for the northeast corner of the said 3.070 acre tract and the southeast corner of the said 3.473 acre tract; THENCE North 89036'38" West along the south line of the said 3,473 acre tract and the north line of the said 3.070 acre tract a distance of 10.00 feet to a point forthe for the POINT" OF BEGINNING of the said centerline of the 10' wide non- exclusive water line easement from which a' /2" iron rod found for the northwest corner of the said 3.070 acre `ract and the Fittz & Shipman, Inc. Page 1 of 2 Project No. 13116V1trEslnt2 Plat & Description 1405 Cornerstone Court - Beaumont, Texas 77706 • (409) 832 -7238 • fax (4019) 83-2-7303 T: Board of !'rof Engineers Firm No. "1160 • Tx Board of Prof Land Surveyors Finn No. 100,1 B16 EXIIII3IT A., PAGE 2 OF 3 southwest corner of the said 3.473 acre tract bears North 89 °36'38" West 290.11 feet (called North 89 °44'07" West), THENCE South 00 032'54" West along the said centerline a distance of 94.37 feet to an along point; THENCE South 89026'16" East continuing along the said centerline a distance of 10.05 feet to a point in the west line of the said 2.1536 acre tract and the east line of the said 3.070 acre tract for the POINT OF TERMINATION of the said centerline of the 10 wide non - exclusive water line easement. This description is based on a survey and plat made by Fittz & Shipman, Inc. during October 2013. Walter J. Ksiazek Registered Professional L nd Surveyo o.5321 Fittz & Shipman, Inc. Page 2 of 2 Project No. 131'6VJtrEsmt2 Plat & Description C . 6 T .WALTER J. KSI�ZEfC 9 -9321 04* r� t: 50 \ tiie �W w �m -Ww� Q�Z iCL ;JN rvj U <?p1d 00 Q aa i IQU �C ILO Z IxJ U Yl 2 Not Ii- a Vi CY d� O w o W Ic Y d N v o � M I ° o I C z /f I_ I 1�C1 Z I 1yP J tin f I �N� I�O I' � 1 y, acv J CQ o G `r o Yi O� I V r e RI a O 1i Q_1 i.f I �i6 Q N n: U � � _ � U U o r � n w z � 1- K U WOO WOW M „B£,9£.69 N (OD'OOi M „!.0 „4 V.68 N 63 )']VJ) tea° 2Z u � r= u7trra p Z a J W ¢ d I>>$S�no rc a v i d it I I n 7 E I wLG J [Ld,� k nn >- cfi o U II I mIv L C n' 4 W cz din Z Z X �� W 0� z w Q II I Z2 Z O_ W If 1 lulu U Ifiep� m x ~ J � .- a W >w I I I� uw NII 1 � � Z o N o � - Z�� aZZ 51 I� � om i i Z3 III I >- d W IFM J f V _ c � r n cY i I rc CC ¢ it "t / L \\ \jam • 1(f � : t O �: ll) U, N Y "Li id 16 W rCA W z z ico k—' vl w _ J � I °x z Ld O ZQ Q °j u Z, N f] > Z G ma[i n �) N vi ro C EXHIBIT "2” A ai -Ww� Q�Z iCL ;JN rvj U <?p1d n: U � � _ � U U o r � n w z � 1- K U WOO WOW M „B£,9£.69 N (OD'OOi M „!.0 „4 V.68 N 63 )']VJ) tea° 2Z u � r= u7trra p Z a J W ¢ d I>>$S�no rc a v i d it I I n 7 E I wLG J [Ld,� k nn >- cfi o U II I mIv L C n' 4 W cz din Z Z X �� W 0� z w Q II I Z2 Z O_ W If 1 lulu U Ifiep� m x ~ J � .- a W >w I I I� uw NII 1 � � Z o N o � - Z�� aZZ 51 I� � om i i Z3 III I >- d W IFM J f V _ c � r n cY i I rc CC ¢ it "t / L \\ \jam • 1(f � : t O �: ll) U, N Y "Li id 16 W rCA W z z ico k—' vl w _ J � I °x z Ld O ZQ Q °j u Z, N f] > Z G ma[i n �) N vi ro C EXHIBIT "2” EAS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, QUALITY MAT COMPANY, 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 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 Ri ghts". 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 1 day of �����aN , 2014. GRANTOR: QUALITY OML /17 Name: Ta-e--Q.,Jluk Title: �t «� STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT X X BEFORE ME, the undersigned authority, on this day personally appeared -ANi, j0as 61:€ (Al')' of QUALITY MAT COMPANY, 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 / 7 day of , 2014. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 38271r�..;;�4 Beaumont, TX 77704 2Q-r o �'•;f fib,_ ... 101 Flttz&Shipman INC. Ronald D. Fittz, P.E., R.P.L.S. (1948-1987) Terry G. Shipman, P.E., Chairman Billy J. Smith, Jr., President EXHIBIT A, PAGE 1 OF 3 CENTERLINE DESCRIPTION FOR A 10' WIDE NON-EXCLUSIVE WATER LINE EASEMENT OUT OF THE Consulting Engineers and Land Stirveyors Donald R. King, P.E. WalterJ. Ksiazek, R.P.L.S. J. W. BULLOCK LEAGUE, ABSTRACT 7 JEFFERSON COUNTY, TEXAS DECEMBER 12, 2013 REVISED: JANUARY 21, 2014 That certain centerline of a 10' wide non-exclusive water line easement, 5' on each side of the centerline, out of the J. W. Bullock League, Abstract 7, Jefferson County, Texas, and being across a called 3.070 acre tract conveyed to Community Bank & Trust, SSB as Custodian for Quality Mat Company as recorded in Clerks File No. 2003053108 of the Official Public Records of Jefferson County, Texas, said centerline being more particularly described by the courses and distances as follows: Note: Bearings are referenced to the northeasterly line of a called 3.473 acre tract conveyed to ITI Logistics, LLC as recorded in Clerks File No. 2013029748 of the Official Public Records of Jefferson County, Texas having been called North 57°37'40" West 238.10 feet. COMMENCING at'/2" iron pipe found in the southwesterly right-of-way line of W. Cardinal Drive for the northwest corner of a called 1.9947 acre tract conveyed to Twin -Nguyen Holdings, LLC as recorded in Clerks File No. 2012033525 of the Official Public Records of Jefferson County, Texas and the northeast corner of the said 3.473 acre tract; THENCE South 00032'54" West along the west line of the said 1.9947 acre tract and a portion of called 2.1536 acre tract conveyed to Jarra, Inc. as recorded in Clerks File No. 2013007807 of the Official Public Records of Jefferson County, Texas being the east line of the said 3.473 acre tract a distance of 409.53 feet (called South 00023'38" West 409.50 feet) to a '/2" iron rod found for the northeast corner of the said 3.070 acre tract and the southeast corner of the said 3.473 acre tract; THENCE North 89036'38" West along the south line of the said 3.473 acre tract and the north line of the said 3.070 acre tract a distance of 10.00 feet to a point for the for the POINT OF BEGINNING of the said centerline of the 10' wide non-exclusive water line easement from which a '/2" iron rod found for the northwest corner of the said 3.070 acre tract and the Fittz s& Shipman, Inc. Page 1 of 2 Project No. 13116WtrEsmt2 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. 100180 EXHIBIT A, PAGE 2 OF 3 southwest corner of the said 3.473 acre tract bears North 89036'38" West 290.11 feet (called North 89044'07" West) THENCE South 00°32'54" West along the said centerline a distance of 94.37 feet to an along point; THENCE South 89°26'16" East continuing along the said centerline a distance of 10.05 feet to a point in the west line of the said 2.1536 acre tract and the east line of the said 3.070 acre tract for the POINT OF TERMINATION of the said centerline of the 10 wide non-exclusive water line easement. This description is based on a survey and plat made by Fittz & Shipman, Inc. during October 2013. A /Z Walter J. Ksiazek Registered Professional L nd Surveyo o. 5321 Fittz & Shipman, Inc. 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