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HomeMy WebLinkAboutRES 14-112RESOLUTION NO.14 -112 WHEREAS, XL Systems, L.P. has agreed to convey a ten foot (10') wide exclusive water line easement, said easement being a 0.2310 acre tract out of the J.A. Veatch League, 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 6" water line loop and fire hydrant at 5780 Hagner Road; 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 XL Systems, L.P., being a 0.2310 acre tract out of the J.A. Veatch League, Abstract No. 55, 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. 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of May, - V or Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, XL SYSTEMS, L.P., a Texas limited partnership, 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, 1eaumont, 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 put-poses. 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 , 2014. GRANTOR: XL SYSTEMS, L.P. a Texas limited partnership By: Grant Prideco Holding, LLC a Delaware limited liability company Icy: Printed Name: Kenneth A. Jeck "Title: Vice President — Risk Management ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared KENNETH A. JECK as VICE, PRESIDENT — RISK MANAGEMENT of GRANT PRIDECO HOLDING LLC, a Delaware limited liability 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 day of , 2014. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 Fittz &Shipman INC. Ronald £). Fittz, P.E., R.P.L.S. (194£3 -1987) Terry G. Shipman, P.E., Chairman Billy J Smith, Jr., President Consulting Engineers and Land Surveyors Donald R. King, P.E. Walter J. Ksiazek, R.P.L.S. EXI-III3IT A, PAGE I OF 2 CENTERLINE DESCRIPTION FOR A 10' WIDE EXCLUSIVE WATER LINE EAEMENT OUT OF THE J. A VEATCH LEAGUE, ABSTRACT 55 JEFFERSON COUNTY, TEXAS APRIL I7, 2014 That certain centerline description for a 10' wide exclusive water line easement out of the J. A. Veatch League, Abstract 55, Jefferson County, Texas, being across a called 9.598 acre tract (Tract B) conveyed to XL Systems, Inc. as recorded in Clerks File No. 9433636 of the Official Public Records of Jefferson County, Texas, said centerline description being more particularly described by the following courses and distances; Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, South Central Zone #4204. COMMENCING at a 518 " iron rod found in the westerly right -of -way line of Hagner Road and the north line of a LNVA Canal for the southeast corner of the said 9.598 acre tract; THENCE North 30 045'12" West along the said westerly right -of -way line of Hagner Road and the easterly line of the said 9.598 acre tract a distance of 6.10 feet (called North 28 °14'36" West) to a point for the POINT OF BEGINNING of the said centerline of the 10' wide exclusive water line easement from which a %4" iron rod . - - .......... found in the said westerly right -of -way line of Hagner Road bears North 30 045'12" West 910.35 feet; THENCE South 81'44'05" West along the said centerline of the 10' wide water line easement a distance of 1006.42 feet to a point in the easterly line of an 80' wide utility and drainage easement (formerly Gorman Road) described in Ordinance No. 98 -59 as recorded in Clerks File No. 9836524 of the Official Public Records of Jefferson County, Texas and the westerly line of the said 9.598 acre tract for the POINT OF TERMINATION of the said 10' wide exclusive water line easement from which a' /2" iron rod found for the northwest corner of the said 9.598 acre tract bears North 30 °52'44" West 626.01 feet and a 1" iron pipe found in the said north line of a LNVA Canal for the southwest corner of the said 9.598 acre tract bears South 30 052'44" East 6.40 feet. This description is based on a survey made by Fittz & Shipman, Inc, on March 21, 2014. r:. Walter J. Ksiazek Registered Professional Land Surveyor 5321 . . ............................... WALTER' J. KSVIC— 4 ..1.....5323. °o.... p... Fittz & Shipman, Inc. Page 1 of 1 Project No. 13098T5WtrEsmt �� SuRv , Plat & Description 1405 Cornerstone Court • Beauinont, Texas 77706 - (409) 832 -7238 • fax (409) 832 -7303 Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Finn No. 100186 LArm C D N G f" m p O O N m W x N Z hNn N z> A � b NDr� O � rvi zmA aoz On •.no m ni z D �o m A O O V Z op0 v N Fa ro I bo 1 z°l rn V P m + C. nA mN v� N m 0 � Db� �n AO n� rg Apr 17, 2014 11:44om p U b n v I N � n m n cc0 i r Z m O a m V ` N Z Om 0 opd p m fT7 x X n f C ;:,, D� d 0 z =� D r Z(;),t�7 iC7 m r" n m t1w cn D to N i m (D z O s o 0 Ln N z 0 z o A O O V Z op0 v N Fa ro I bo 1 z°l rn V P m + C. nA mN v� N m 0 � Db� �n AO n� rg Apr 17, 2014 11:44om 1 A i r Z m O �f]'1 V hNrAj A opd p d ry ni j p> A A ti a bCK � r >ap O Cam N �tiW V O -Ni K {D� � oc� o u ��a nR'r� N11A L O 7) m i D Z D Q m N 0 m L 1,5-S O O tlB6 ,y�l � A TO o° _... _... ....... n � y O O � TJ mpN D pC O bNr� �Z mlwN r Z� Nm- DO n m o O� ry0 O Z V W a / con j1o' RIO i+ O pQ }Ul. e� r'Or AG m o Kj E z ° °g }o m Noy ap�j 01 3:N n�z �W ti4r i� rn A 55� a h t EXHIBIT "2" 6 PGS 2014020905 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII EAS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, XL SYSTEMS, L.P., a Texas limited partnership, State of Texas hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND 1,10/100 DOLLAR ($L00), 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 &C fA day of J u-VU— , 2014, GRANTOR: XL SYSTEMS, L.P. a. Texas limited partnership By: Grant Prideco Holding, LLC Delaw Ited liability company By: Printed Name: Kenneth A. 3eck Title: Vice President — Risk Mana eg_ ment STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT X X BEFORE ME, the undersigned authority, on this day personally appeared KENNETH A. DECK as VICE PRESIDENT - RISK MANAGEMENT of GRANT PRIDECO HOLDING, LLC, a Delaware limited liability 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 (v l - day of juuo- 2014. raw.Jimmie L. Shiw Na.ry P�Atic. Stste o�Texas Expires:02-19-2018 RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 Notary Public, State of Texas Fittz&Shipman --_ INC Ronald tl. nv, P.E., R.P.L.S. (1948-1987) Terry G. Shipman, P.E., Chairman Billy 1. Smith, Jr., President Consulting Engineers and Land Surveyors Donald R King, P.E. Walter 1. Ksiazek, R. P. L.S. EXHIBIT A, PAGE 1 OF 2 CENTERLINE DESCRIPTION FOR A 10' WIDE EXCLUSIVE WATER LINE EAEMENT OUT OF THE J. A VEATCH LEAGUE, ABSTRACT 55 JEFFERSON COUNTY, TEXAS APRIL 17, 2014 That certain centerline description for a 10' wide exclusive water line easement out of the J. A. Veatch League, Abstract 55, Jefferson County, Texas, being across a called 9.598 acre tract (Tract B) conveyed to XL Systems, Inc. as recorded in Clerks File No. 9433636 of the Official Public Records of Jefferson County, Texas;, said centerline description being more particularly described by the following courses and distances; Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, South Central Zone #4204. COMMENCING at a 5/8" iron rod found in the westerly right-of-way line of Hagner Road and the north line of a LNVA Canal for the southeast comer of the said 9.598 acre tract; THENCE North 30'45'12" West along the said westerly right-of-way line of Hagner Road and the easterly Line of the said 9.598 acre tract a distance of 6.10 feet (called North 28"14'36" West) to a point for the POINT OF BEGINNING of the said centerline of the 10' wide exclusive water fine easement from which a W iron rod found in the said westerly right-of-way line of Hagner Road bears North 30045'12" West 910.35 feet; THENCE South 81'44'05" West along the said centerline of the 10' wide water line easement a distance of 1006.42 feet to a point in the easterly line of an 80' wide utility and drainage easement (formerly Gorman Road) described in Ordinance No. 98-59 as recorded in Clerks File No. 9836524 of the Official Public Records of Jefferson County, Texas and the westerly line of the said 9.598 acre tract for the POINT OF TERMINATION of the said 10' wide exclusive water line easement from which a W iron rod found for the northwest corner of the said 9.598 acre tract bears North 3005244" West 626.01 feet and a V iron pipe found in the said north line of a LNVA Canal for the southwest comer of the said 9.598 acre tract bears South 30°52'44" East 6.40 feet. This description is based on a survey made by Fittz & Shipman, Inc. on March 21, 2014. OF �+ Walter J. Ksiazek %STE Registered Professional and Surveyo o. 5321 % Fittz & Shipman, Inc. Page 1 of 1 Project No. 13098T5WtrEsmt 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 D p r- o C7 z m O X m C D i 0,-Hm m f�*t VA D rn v z m M C)Z'on t+ 40 m m Z jo ja D w to W O pn 0 a o N m V N N -4o W Z OD m 0 co .P C Z m Z N ti W T'� X (� 3T5WtrEsmt.dwg Apr 17, 2014 11! 44om ODo 0r-CA M 0 m rn o` AO m (A zz AD O Z>O mvoo OZ.o m F ;0 A O O n C Z r ADO <m= D z c-um 0 m�m � gDa O N � o gr`1z D<O N 3: �� � i �•`'••y � vi m A D • .0&M a^ i A�q i>�41 N ate; Q •17 t i � ra : roi �r > �N :� � ��-n m n O m D � mN v -n �Mr-- Nzfn u+ o W� m�� (n i Awl 0 O :n -1 m >L O L `� �O C � Z5 Da o Q r m In' r � N