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HomeMy WebLinkAboutRES 14-049RESOLUTION NO.14 -049 WHEREAS, ITI Logistics, LLC has agreed to convey a ten foot (10') wide non- exclusive water line easement, said easement being a 4709.59 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 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 ITI Logistics, LLC, being a 4709.59 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 U LU ►;� `IBC 1/ iii��v LLL yor Becky mes - ( STATE OF TEXAS, X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER UNE EASETMENT TI IAT, ITI LOGISTICS, LLC, of the County of Jefferson, State of Texas hereinafter called "GRANTOR ", 'Alhether one or snore, for and in consideration of the s1111-1 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 ", ibe receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GJRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas ?7704 Jefferson Couzity, Texas, its successors acid assigns, a WaterLine Easement mid the right to construct; "alter, ai:id inaihtatn said Waterline's acid a1?parlimarices -Oil the hereinafter- described - lairds which said easement is under, over, in and across tbose certain tracts or parcels of land ou -i-red 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. `Ihe 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 coiiveyed collectively, the "Easement Rights ". It is expressly understood and agreed that the City of" Beaumont shall have the right of ingress to and egress -rom the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the eight and privilege to improve, maintain and operate EXHIBIT "1" the same as permitted by law. GRANTOR agn-ees 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 -m,ay unto the said CITY OF BEAU.1 OTNT, its successors and assimns forever. EXECUTED this day of , 2014. GRANTOR: ITI LOGISTICS. LLC By: Printed Name: Title: STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT X X BEFORE 10'-E, the undersigned authority, on this day personally appeared as _ of ITI LOGISTICS, LLC, known to Zile to be the person and officer whose name is subscribed to the foregoing instrunnent, 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 day of _ 2014 Notary Public, State -of Texas RETURN TO: City of 13eau.nmont Antoinette Hardy - Engineering P. O. Box 3827 Bcaumont, TX 77704 INC Ronald D. Hiiz, RE, R.P.L.S. (1948.1987) 1-erry G. Shipman, P.E., Chairwan Billy ). Smith, )r,, President Consrdlli gEngineers and Lund Swveyors Donald R. tang, P.E. walmn I. Ksiazel;, R.PA-S. EnUBIT A, PACE( 1 OF 3 CENTERLINE DESCRIPTION FORA 10' WIDE NON-EXCLUSIVE WATER LINE EASE W, NT OUT Or THE J. W. BULLOCK LEAGUE, ABSTRACT 7 .JEFFERSON COUNTY, TEXAS DECEMBER 1.2, 20113 REVISED.- .TAN'UARY 21, 2014 That certain centerline of a 10' wide non - exclusive water line easement, Ton each side of the centerline, out of the J. W. Bullock League, Abstract 7, Jefferson County, Texas, and being across a called 3.473 acre tract conveyed to IT[ Logistics, LLC as recorded in Clerks File No. 2013029748 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 the said 3.473 acre tract having been called North 57 037'40° West 238.10 feet. COMMENCING at z" iron rod found in the southwesterly right- af-way lime 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 North 57"37'40" West along the said southwesterly right -of -way line of W. Cardinal Drive and the northeasterly fine of the said 3 -473 acre tract a distance of 4.62 feet (called North 57 °37'40" West) to a point for the POINT OF BEGINNING of the said centerline of the 10" wide non- exclusive water line easement from which a concrete monument found in the said northeasterly line of the 3.473 acre tract bears North 57 °37'40" West 234.14 feet (called North 57 °37'40" West); THENCE South 32 °27'41" West along the said centerline a distance of 11.50 feet to an angle point; THENCE South 00'32'54" West continuing along the said centerline a distance of 402.2: feet to a point in the north line of 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 and the south line of the said 1473 acre FitFx & Shiptman, Inc. Page 1 of 2 Project No. 13116WtrEsrnt1 Plat & Description 1405 CornenIone Court: - Beaumont, Texas 77706 • (409) 8.1,2 -723£3 • fax (169) 832- 730:3 7x Board of Prof Engineers Firm No. 1160 % Tx Board of Prof Land Surveyors Finn No. 100186 EXHTBiT A, PAGE 2 OF 3 tract for the POINT OF TERMINATION of the said centerline of the 10 wide non - exclusive water tine easement from which a'/" iron rod found in the west line of a called 2 -1536 acre tract conveyed to Jarm, Inc. as recorded in Clerks File No. 2093117807 of the Official Public Records of Jefferson County, Texas for the northeast corner of the said 1070 acre tract and the southeast corner of the said 3.473 acre tract bears South 89 °36'38" East 10,00 feet (called South 89 °44'07° East) and from which a Y:z' iron rod found for the northwest corner of the said 3.070 acre tract and the southwest comer of the said 3.473 acre tract bears North 89 °36'38" West 290.11 feet (called North 89 °44'07" West). This description is rased on a survey and plat made by Fittz & Shipman, Inc. during October 2013- Walter J. Ksiazek Registered Professional L d Surveyor o. 5321 Fittz & Shipman, Inc. Page 2 of 2 Project No. 13116A'trEsmt1 Plat & Description WALTER. ?Gr(AZ f( s,s Io SU RV El � O rig U- EE Q K 6 r> OL i w � h 4 !lJ O n v �L_ U V Y: O ..1 O Q � U o � Y� 1— V7 Ll N� M it) . 1 '0� S-C Z i �C'd i U r Co MJ ZZn -az° °v yU� war r ? i Urc ^lal 0 uQ �� 4! 7- 16 osz Obi a W o O 1 KO fr to �J =� Utn (wn �4ttV IV CO I f O z to I � i 4Di: i =o o� Iars F Ian � ri IT W`k IwNw r y o ly O CN � h i ° 4 � U O Q a �? z I Iaci r� Idd Iry G I�Q.M F 1� y 1.� U � O rig U- EE Q K 6 r> OL i w � h 4 !lJ O n v �L_ U V Y: O ..1 O Q � U o � Y� 1— V7 Ll N� M it) . 1 '0� S-C Z i LL i U r Co MJ ZZn -az° °v W i8 =o im +p-A p� mD �m ? i fr. 0 uQ �� 4! 7- ri V o [fJ Ui U U F= Y U�w (lN)'DDS' M rU qqs u. wp 1— V7 Ll I M SYt Q S-C Z i LL Q Q�� IC Q � J L z ? i fr. 7- 16 osz Obi a W 1 ZO fr w �J =� wow a az (wn �4ttV IV CO v XO � f O z to wp 1— V7 Ll I SYt Q S-C J F N..Q O vi y IC Q U V" i('ti ED Ad -2 ? i 16 osz a W 1 ZO fr N �4ttV foll� CO O z to EXHIBIT "2" 5�G• zu x�cr rn � dKtl. .Q Yam U "Y V U�� ui a' U �L. � UQG N� C) K rf t D -Fr u) Q�V CJ n n 2 0. :f h � ry 'G 0 D 4 J � � I � N � I I .- cv O in Ld 4 y A J � Q - Q JnX !!1 < FW N O C7 1 O� X Jrnw F 4- in I z 0 Z t.. BIZ � x n 0 CL 4 µ) ic X c tV V 4 um N 'Y a j7 ,y W _ 1— V7 Ll SYt Q J F N..Q O vi y y �. 1 V" i('ti ED Ad -2 ? i ZO N CO U i 4Di: EXHIBIT "2" 5�G• zu x�cr rn � dKtl. .Q Yam U "Y V U�� ui a' U �L. � UQG N� C) K rf t D -Fr u) Q�V CJ n n 2 0. :f h � ry 'G 0 D 4 J � � I � N � I I .- cv O in Ld 4 y A J � Q - Q JnX !!1 < FW N O C7 1 O� X Jrnw F 4- in I z 0 Z t.. BIZ � x n 0 CL 4 µ) ic X c tV V 4 um N 'Y a j7 ,y W _ Ea, S 20140075I5 STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, ITI LOGISTICS, LLC. 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 (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 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 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. -W EXECUTED this I -- day of - qux)�'W '2014. GRANTOR: ITI LOGISTICS, LLC By: Printed Name: �Ot+#J Mmy Title: i,;Z E-S i b eJT '406EiE ANN'-ATIN .............. ' v Put*c, of t e L i.;=ei LO 016 L�5 ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared " ` �1�;-as ,P I t i U't,? T of ITI LOGISTICS, 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 t84*'day of , 2014 RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 u Notary Publo, State of Texas E PA111N �'E'a u Fittz&Shipman INC. Ronald D. Fittz, P.E., 3LKL.S. (19U-1987) Terry G. Shipman, P.E., Chairman Billy J. Smith, Jr., President Consulting Engineers and Land Surveyors Donald R. King, P.E. Walter J. I iazekr R.P. L.S. EXHIBIT A, PAGE 1 OF 3 CENTERLINE DESCRIPTION FOR A lit' WIDE NON-EXCLUSIVE WATER LINE EASEMENT OUT OF THE J. W. BULLOCK LEAGUE, ABSTRACT 7 JEFFERSON COUNTY, TEXAS DECEMBER 12, 2013 REVISED: JAINUARY 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 3.473 acre tract conveyed to IT[ Logistics, LLC as recorded in Clerks File No. 2013029748 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 the said 3.473 acre tract having been called North 57037'400 West 238.10 feet. COMMENCING at'/" iron rod found in the southwesterly right-of-way line of W. Cardinal Drive for the northwest comer 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 North 57°37'40" West along the said southwesterly right-of-way line of W. Cardinal Drive and the northeasterly line of the said 3.473 acre tract a. distance of 4.62 feet (called North 57037'40" West) to a point for the POINT OF BEGINNING of the said centerline of the 10' wide non-exclusive water line easement from which a concrete monument found in the said northeasterly line of the 3.473 acre tract bears North 57037'40" West 234.14 feet (called North 57'37'40° West), THENCE South 3202741" West along the said centerline a distance of 11.50 feet to an angle point; THENCE South 00°32'54" West continuing along the said centerline a distance of 402.23 feet to a point in the north line of 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 and the south line of the said 3.473 acre FiM g Shipman, Inc. Page 1 of 2 Project No. 13116VVtrEsrnt1 Plat & Description 1405 Cornerstone Court - Beaumont, Texas 77706 - (409) 832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No. 1160 o Tx Board of Prof Land Surveyors Firth No. 100186 EXHIBIT A, PAGE 2 OF 3 tract for the POINT OF TERMINATION of the said centerline of the 10 wide non-exclusive water line easement from which a W iron rod found in the west line of a called 2.1536 acre tract conveyed to Jarra, Inc. as recorded in Clerks File No. 2013117807 of the Official Public Records of Jefferson County, Texas for the northeast comer of the said 3.070 acre tract and the southeast comer of the said 3.473 acre tract bears South 89°36'38n East 10.00 feet (called South 89044'07A East) and from which a'1/z" iron rod found for the northwest corner of the said 3.070 acre tract and the southwest comer of the said 3.473 acre tract bears North 89°36'38" West 290.11 feet (called North 89°44'07A West). This description is based on a survey and plat made by Fittz & Shipman, Inc. during October 2013. Walter J. Ksiazek Registered Professional L nd Surveyor o. 5321 Fittz & Shipman, Inc. Page 2 of 2 Project No. 13116WtrEsmtl Plat & Description V) L 0 Mm W� U n LLCL o 0 a'n � f � ui CZ Iz o ld� id � } U"w w� u: I�N4 J-5 N a�s� on fN ti4D I�o (YQ-p o ul r v= I oa � n� O � Z¢ P7 Y �w ZNS V wo v 2 ) Ir (a7 lUW� t iNM m 7i I� raf. r�Q r k 8J or 'a 3r FoW M zr-r„ b 15 ~ N Z F- a n crrL q cx��WW ^� ogp o U Q w¢cn¢o„� � j arU o iz 0- 3 Z m ? 4 I O In� LL' U � v 0 r r W .O w� r y moo a z�a o r w�m o WJ n U n 5 •�❑ � W era d rya � P40 � Q' a z i= a ni a U L O 9 CJ 4 W Z O N O < R J=�r �� 7 \\i� «VVFF