HomeMy WebLinkAboutRES 15-027RESOLUTION NO. 15-027
WHEREAS, HEB Grocery Company, LP has agreed to convey one (1) five foot (5)
wide exclusive water line easement, said easement being a 0.0023 acre tract out of the
David Brown Survey, Abstract No. 5, as described and shown in Exhibit "1," attached
hereto, to the City of Beaumont for the construction of a new commercial store located at
3536 College Street; 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 one (1) five foot (5') exclusive water line easement conveyed by HEB Grocery
Company, LP, being a 0.0023 acre tract out of the David Brown Survey, Abstract No. 5,
as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all
things, accepted for the stated purpose.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
February, 2015.
S
,1
Q tl
I
- or Becky Ames -
i
?,0
STATE OF TEXAS X
c'OUNTV OF JEFFERSONI X
KNOW ALL MEIN BY THESE PRESENTS:
WATER LINE EASEMENT
THAT, IIEB GROCERY COMPANY, LP, a Texas limited partnership, of the County
of Bexar, State of Texas hereinafter called "GRANTOR", whether one or more, for and in
consideration of the sung of ONE AND NO/100 DOLLAt (51.00), 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 perpetual, exclusive, water line easement (the "Easement") to
construct, alter, and maintain waterlines and related 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 hart hereof for all purl)oses (the
"Easement Area")-
The
rea").The Easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and/or remm4rig water lines and related
appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of
Beaumont shall have the right of reasonable ingress to and egn•css from the Easement Area and
use of the sank for the purposes aforesaid; provided, however that Grantee use of the Easement
EXHIBIT "1"
and the rights appurtenant thereto shall in no event unreasonably ir1terferc with or hinder the
business operations on the Grantor's adjacent pr oper ty andlor Grantor's ingress and egress
thereto.
Grantor reserves the right to continue to use and enjoy the surface of the Easement Area
for all pur-hoses that do not interfere with or interrupt the use or enjoyment of the Easement by
Grantee for the purposes provided herein, including but not limited to the right to place surfacing
materials over and across the Easement Area and to use the same for parking areas, driveways,
walkways or sidewalks, landscaping and/or lighting, provided, however, no permanent buildings
may be placed on the Easement Area.. Notwithstanding the foregoing, Grantee shall not be
responsible for the repair and replacement of any improvements placed by Grantor within the
Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost
and expense.
The conveyance of the Easement granted herein is made by Grantor and accepted by
Grantee subject to any and all existing easements, covenants, rights-of-way, conditions,
restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of
record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted
Exceptions").
This Easement may be amended or terminated only by the written consent of the parties
hereto, or their respective successors and assigns.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but
not otherwise, subject to the Permitted Exceptions.
[Sign attire Page PollowsJ
EXECUTED this day of "OI S.
GRANTOR,
HEB Grocery Company, LP
a Texas limited partnership
By:
Printed Name: 'Dodd A. Hand
Title: Vice President
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF BEXAR X
BEFORE ME, the undersigned authority, on this day personally appeared TODD A.
111LAND the EXECUTIVE VICE PRESIDENT of HEB GROCERY COMPANY LP, a Texas
limited partnership, known to nye 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
limited partnership for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 201 S.
Notary Public. State of Texas
RETURN TO: City of Beaumont
AntOlnette Hardy - Engineering
P. O. Box 38?7
Beaumont, TX 77704
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STATE OF TEXAS X
KNO\N7 ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, HEB GROCERY COMPANY, LP, a Texas limited partnership, of the County
of Bcxar, State of Texas hereinafter called "GR AANTOR", �vllethcr one or more, for and in
consideration of the sufn 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 perpetual, exclusive, water line casement (the "Easement") to
construct, alter, and maintain waterlines and related 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 Area")
The Easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related
appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of
Beaumont shall have the right of reasonable ingness to and egress from the Easement Area and
use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement
and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the
business operations on the Grantor's adjacent property andior Grantor's ingress and egn-ess
thereto.
Grantor reserves the right to continue to use and enjoy the surface of the Easement Area
for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by
Grantee for the purposes provided herein, includimg but not limited to the right to place surfacing
materials over and across the Easement Area and to use the same for parking areas, driveways,
walkways or sidewalks, landscaping and/or lighting; provided, however, no permanent buildings
may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be
responsible for the repair and replacement of any improvements placed by Grantor within the
Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost
and expense.
The conveyance of the Easement granted herein is made by Grantor and accepted by
Grantee subject to any and all existing easements, covenants, rights-of-vvay, conditions,
restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of
record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted
Exceptions")
This Easement may be amended or terminated only by the written consent of the parties
hereto, or their respective successors and assigns.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but
not otherwise, subject to the Permitted Exceptions.
[Signature Page Follows]
n
EXECUTED this day of ebru-a,ry 2015.
GRANTOR:
HEB Grocery Company, LP
a Texas limited partnership
Bv:L��
Printed Name: Todd A. Piland
Title: Vice President
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF BEXAR X
BEFORE ME, the undersigned authority, on this day personally appeared TODD A.
PILAND the EXECUTIVE VICE PRESIDENT of HEB GROCERY COMPANY, LP, a Texas
limited partnership, 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
limited partnership for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 11"day of f7t-('-^� 2015.
L-J� y
- -<� 6- ('� -- -0< �'
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering DEBRA L. SALDANA
P. O. Box 3827
_� _ Notary Fubiic. State of Texas
Beaumont, TX 77704 = r./ .`P;' N1v Comrnss+on Expires
March 12, 2018
Fittz&Ship►man
INC.
POI, Jld D. Firtz, P.E., 1".P.1 S. W)46-1`J87)
iern; G. Shipman, P.E., Ch1irm�1n
Billti I. Smith' Jr., President
Corz,wulting Gn�in��zrs watt Land .Su veyurs
Donald R. Iant;, Y.L.
Walter J. 1:=i_1" k, RY I_.S.
EX111BIT A, PAG U 1 OF 3
FIELD NOTE DESCRIPTION
OFA
0.0023 ACRE TRACT
FOR A
EYC1,USIVE WATER LINE EASENIENT
OUT OF T11E
DAVID BROWN SURVEY, ABSTRACT 5
JEFFERSON COUNTY, TEXAS
OCTOBER 24, 2014
That certain 0.0023 acre tract for an exclusive water line easement out of the David Brown
Survey, Abstract 5, Jefferson County, Texas, and being across Lot 1A of the College Street
Complex, a plat recorded in Clerks File No. 2014034601 of the Official Public Records of
Jefferson County, said 0.0023 acres being more particularly described by metes and bounds as
follows:
NOTE: Basis of Bearings is a west line of said Lot 1A having been called South 00°09"W" East
350.35 feet.
COMMENCING at a capped iron rod found in the east right-of-way line of 11 t" Street for the
southwest corner of a called 1,1623 acre tract conveyed to American Office, LLC as recorded in
Clerks File No. 2003005206 of the Official Public Records of Jefferson County, Texas and the
most westerly northwest corner of said Lot 1A from which a PK nail found for an angle point of
said Lot 1A bears North 89°54'45" East 150.31 feet (called North 89°54'45" East 150.3.1 feet);
THENCE South 00°31'03" East along the said east right-of-way line of '11th Street and a west
line of said Lot 1A a distance of 30.00 feet (called South 00°31'03" East) to a point for an
exterior corner of a 10' wide exclusive water line easement recorded in Clerks File No.
2013038861 of the Official Public Records of Jefferson County, Texas from which a PK nail
found for an angle point of said Lot 1A bears South 00°31'03" East 118.57 feet (called South
00°31'03" East);
THENCE North 89051'51" East along a south line of the said 10' wide exclusive water line
easement a distance of 234.38 feet to a point for the northwest comer of the said 0.0023 acre
tract and the POINT OF BEGINNING;
Fittz & Shipman, Inc.
Page 1 of 2
Project No. 1005002T8WtrLineEsmt
Plat & Description
1405 Corii(,M ine Court - Be-aunionl, Texas ; 770(, i40)) fax �409) u 305
Ix Goard ul Pro(Engineers I inn No. 1100 ® 1x Board (d Prol Lund Survcyor� Finn No. IUiJi);G
EXH1131'T A, PACT; 2 OF 3
THENCE North 89051'51" East along the said south line of the said 10' wide exclusive water line
easement and the north line of the said 0.0023 acre tract a distance of 20.00 feet to a point for
the northeast corner of the said 0.0023 acre tract-,
THENCE South 00008'09" East along the said east line of the said 0.0023 acre tract a distance
of 5.00 feet to a point for the southeast corner of the said 0.0023 acre tract;
THENCE South 89°51'51" West along the south line of the said 0.0023 acre tract a distance of
20.00 feet to a point for the southwest corner of the said 0.0023 acre tract;
THENCE North 00°08'09" West along the west line of the said 0,0023 acre tract a distance of
5.00 feet to the POINT OF BEGINNING and containing 0.0023 acre of land, more or less.
This description is based on a survey made by Fittz & Shipman, Inc. during September 2012
and April 2013.
Walter J. Ksiazek
Registered Professional L nd Surveyor Ne_ 5321
Fittz & Shipman, Inc.
Page 2 of 2
Project No. 100502T8WtrLineEstrn
Plat & Description
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