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HomeMy WebLinkAboutRES 15-068RESOLUTION NO.15-068 WHEREAS, Parkdale Mall, LLC has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.0133 acre tract out and part of Lots 3 and 4, Block 1, Parkdale Mall Addition, Frederick Bigner Survey, Abstract No. 1, as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for the construction of a new Buffalo Wild Wings restaurant located at 4235 Dowlen 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 one (1) ten foot (10') exclusive water line easement conveyed by Parkdale Mall, LLC, being a 0.0133 acre tract out of and part of Lots 3 and 4, Block 1, Parkdale Mall Addition, Frederick Bigner Survey, Abstract No. 1, as described and shown in Exhibit 1," attached hereto, be and the same is hereby, in all things, accepted for the stated purpose. 2015 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of April, : , d W STATE OF TEXAS X COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, PAM(DALE MALL, LLC, a Texas Limited Liability Company, hereinafter called "GRANTOR", whether one or more, for and in consideration of the stun of ONE AND N0/100 DOLLAR ($1.00), and other good and val-nable 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 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 part hereof for ail 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 uigress to and egress from the Easement Area and use of the sante 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 IBI business operations on the Grantor's adjacent property and/or Grantor's ingress and egress 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 iriterrapt 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 of ice of the County Clerk of the County of Jefferson (collectively, the "Permitted F,xeeptions"). 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 casement 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 FolloNls] EXECUTED this 6th day of April, 2015. GRANTOR: PARKDALE MALL, LLC, a Texas Limited Liability Company By: CBL & Associates Management, Inc., Its managing agent Priv d. ne: Tit e: e fief Legal Officer ACKNOWLEDGMENT STATE OF TENNESSEE X DISTRICT OF HAMILTON X This instrument was acknowledged before me on this the 6u' day of April, 2015, by 3effery V. Curry, as Chief Legal Officer of CBL & Associates Management, Inc., and the Company acknowledged this instrument as Managing Agent on behalf of Parkdale Mall, LLC, a Texas Limited Liability Company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 0� day of. � , 2015. -My Commission Expires 2 -1 fl - 2018 RETURN TO: City of Beatiniont Antotneite I•rardy - Engineering P. O. Box 3 827 Beaumont, TX 77704 — (Wk A,C. Greeson -Notary Public, State of Tennessee �yN�y yz�ApRy- �'{.,;—b%si+l..�� _acv EX(MIT "A" Legal Description: 10 Feet Wide Exclusive Water Line Basement Containing 0.0133 Acres Out of and Part of Jots 3 & 4, Block 1 Parkdalc Mall Addition Volu►ne 14, Pages 245 and 246, .Map Records Frederick Bigner Survey, Abstract No, 1. Beaumont, Jefferson County, Texas BEING a 10 feet wide exclusive water line easement containing 0.0180 acres situated in the Frederick Bigner Survey, Abstract No, 1, lefferson County, Texas and being out of and part of Lot 4, Block 1 of Parkdale Mall Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Voluine 14, Pages 245 and 246, Mali Records, Jefferson County, Texas and also out of and part of Lot 4 of the Amended Plat of Lots 2, 4 and 9, Block I of Parkdale Mall Addition as recorder{ in Clerk's rile No. 2007006814, Official Public Records of Real Propetiy, Jefferson County, Texas, said 0.0133 acre easement being more particularly described as follows: N071;.- All bearings are referenced to the Easterly lira; of the said Lot 4.03 SOUTH 32000'00"E�1STas recorded N the above refevenoed Volume 14, Pages 245 077d 246, Map Records, ,%ffer-son County, Texas. COWEVIMNCING at a scribed "X" in a concrete curb found for the Southeasterly corner of the said Lot 4 and hi the North line of Lot 3 of the said Parkdale, Mall Addition and being an exterior ell corner of Lot 5, Block I of the said Parkdale Mall Addition, said corner also being the beginning of a ourve turning to the right, having a radius of 1237.35 feet and being subtended by a chord bearing NORTH 75°2759" WEST having a chord length of 254.34 feet, THENCE NORTHWESTERLY, along and with said curve and for the boundary between the said Lots 3 ,and 4, for an are length of 254.79 feet to the POINT OF BEGINW1NG of the easerneat herein described: TMi NCE NORTHWESTERLY, continuing along and with said curve and. for the boundary between the said sots 3 and 4, for an are length of 10.01 feet to a point for corner; TIC, NCE NORTH I8021128" EAST, over and across the said Lot 4, for a distance of 57.88 feet to a point for corner, THE NCR SOUTH 7103 8'32" FAST, over and across the said Lot d., fora distance of 10,00 feet to a point' for c.orner, THENCE SOUTH 18021128" WEST, contlnuing over and across the said Lot 4, for a distance of 58.29 feet to the POINT 07`13 rGINNTNG and. containing 0,0133 Acres, more or less. Surveyed on March 10, 2015. This legal description is being submitted along with a plat based on this survey (, ee EXHMIT "I3") Thomas S. Rowe, RPLS No. 5728 TBPLS Firm No,: 10106700 \Y.' NIA15-1015-199mrb TRA(:T IT,Jam R A 11 INC. NOTE I. NO7f4lNG IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWINERSHIP OR TITLE 2. 7HE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS REST KNOWLEDGE, INFORMATION AND BELIEF FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMCATED BY THE TMS BOARD OF PROFESSIONAL LAND SURVEYORS AND 77iF TEXAS SOCIETY OF PROFESSIONAL SURVEYORS AS SUCH, IF CONSP-l'UTES NE77HER A GUARANTEE NOR A 10RRAM, EXPRESSED -OR IMPLIED. J. BEARINGS ARE REFERENCED TO E45MRLY LIKE OF LOT 4 AS RECORDED 114 VOLUME -14, PAGES 245 AND 246, MAP RECORDS, JEFFERSON COUNTY, TEXAS. 19 FND SCRIBED 'X' IN CONCRETE i DOWLEN ROAD I O' EXCLUSIVE WATER LINE EASEMENT (0,0133 ACRES) N61 -43'761V 38.05' 1\'6150'41 v 35.72) GALC. - CORNER MARK W. WBrZ8Y AM ASWC14M IN ORPOPATED UA rc�.'Fpm 'R.'Z 1114mm TILPA'a Fm 20. IDIOM EVS77MG WATER LINE -7 LS I LINE I REARING I DISTANCE I Ll I N18'2128 E 1 57 -BS' L2 S71'38'32"E 10.00' L3 Lj 578'2128"V/ 58.28' L4 S18'21'28"Vt 20-07' L5 N71'38'32W 10.00' L6 N'(8*21'28"E 20-47' lo'WIDE EXCLUSIVE WATER LINE EASEMENT (0-0133 ACRES) FREDRICK SIGNER SURVEY ABSTRACT NO. I BEAUMONT, JEFFERSON COUNTY, TEXAS - C2 FND I. ROD WITH CAP EXHIBIT "B" RD:V? TO EXHIBIT "A - FOR LEGAL DESCRIPTION to vo Vol A 2p'15 k, Rolt ip.)G \j FND SCRIBED `X' IN CONCRETE TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY. I, THOMAS S. ROWE DO 14FREIRY CERTIFY 774AT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESC HEREON AND CORRECTLY REPRESENTS THE FACTS FO�UNO p 71HIE 17IME OF THE SURVEY DATE SURVEYED: MARCH M 2015 THOMAS S. I�IOIItlIN�90ll�l�ll�u. e�GS 30130ffiM . STATE OF TEXAS X COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, PARKDALE MALL, LLC, a Texas Limited Liability Company, 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 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 part hereof for all purposes (the `Basement 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 ingress 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 and/or Grantor's ingress and egress 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, 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. [Signature Page Follows] EXECUTED this 6th day of April, 2015. GRANTOR: PARKDALE MALL, LLC, a Texas Limited Liability Company By: CBL & Associates Management, Inc., Its managing agent By: ge3 Prin e: Jeffery V. Curry Tit e: Chief Legal Officer ACKNOWLEDGMENT STATE OF TENNESSEE X DISTRICT OF HAMILTON X This instrument was acknowledged before me on this the 6t' day of April, 2015, by Jeffery V. Curry, as Chief Legal Officer of CBL & Associates Management, Inc., and the Company acknowledged this instrument as Managing Agent on behalf of Parkdale Mall, LLC, a Texas Limited Liability Company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this (0�day of , 2015. My Commission -,Expires 2.10 - 2018 RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 1 A.C. Greeson -Notary Public, State of Tennessee �® OF 7A-y ��,usuc�,a EXI3IIBIT "All Legal Description: 10 Feet Wide Exclusive Water Line Easement Containing 0.0133 Acres Out of and Part of Lots 3 & 4, Block 1 Parkdale Mall Addition Volume 14, Pages 245 and 246, Map Records Frederick Bigner Survey, Abstract No. 1 Beaumont, Jefferson County, Texas BEING a .10 feet wide exclusive water line easement containing 0.0180 acres situated in the Frederick Bigner Survey, Abstract No. 1, Jefferson County, Texas and being out of and part of Lot 4, Block 1 of Parkdale Mall Addition, a subdivision of the City of .Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 14, Pages 245 and 246, Map Records, Jefferson County, Texas and also out of and part of Lot 4 of the Amended Plat of Lots 2, 4 and 9, Block 1 of Parkdale Mall Addition as recorded in Clerk's File No. 2007006814, Official Public Records of Real Property, Jefferson County, Texas, said 0.0133 acre easement being more particularly described as follows: NOTE: All bearings are referenced to the Easterly line of the said Lot 4 as SOUTH 32°00'00"EAST as recorded in the above referenced volume 14, Pages 245 and 246, Map Records, Jefferson County, Texas. COIYEVIENCING at a scribed "X" in a concrete curb found for the Southeasterly corner of the said Lot 4 and in the North line of Lot 3 of the said Parkdale Mall Addition and being an exterior ell corner of Lot 5, Block 1 of the said Parkdale Mall Addition, said corner also being the beginning of a curve turning to the right, having a radius of 1.237.35 feet and being subtended by a chord bearing NORTH 75°27'59" WEST having a chord length of 254.34 feet; THENCE NORTHWESTERLY, along and with said curve and for the boundary between the said Lots 3 and 4, for an arc length of 254.79 feet to the POINT OF BEGINNING of the easement .herein described: THENCE NORTHWESTERLY, continuing along and with said curve and for the boundary between the said Lots 3 and 4, for an are length of 10.01 feet to a point for corner; THENCE NORTH 1802178" EAST, over and across the said Lot 4, for a distance of 57.88 feet to a point for corner; THENCE SOUTH 71 °3832" EAST, over and across the said Lot 4, for a distance of 10.00 feet to a point' for corner; T.RENCIE SOUTH 18021'28" WEST, continuing over and across the said Lot 4, for a distance of 58.29 feet to the POINT OF BEGINNING and containing 0.0 13 3 Acres, more or less. Surveyed on March 10, 2015. survey (lee EXHIBIT "B"). Thomas S. Rowe, RPLS No. TBPLS Firm No.: 10106700 WN1015115-199t5-199m&b TRACT R.docx This legal description is being submitted along with a plat based on this 1)/'a CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 1237.35' 254.79' 254.34' N752759 W 11'47'53" FND C2 1237,35' 421.58' 419.54' S71'36'17"E 19'31'16" CALL C2 1237.35' 421.58' C3 1237.35' 10.01' 10.01' N69'20'08"W 02748" C4 1237.35' 1 10.01' 10.01' S69'20'08 E 0'27'48" NOTE. 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TIRE. 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED. J. BEARINGS ARE REFERENCED TO EASTERLY LINE OF LOT 4 AS RECORDED IN VOLUME 14, PAGES 245 AND 246, MAP RECORDS, JEFFERSON COUNTY, TEXAS 19 ti01 A0 1 O' EXCLUSIVE WATER 'C OF b LINE EASEMENT R NO Vol - (0.0133 ACRES) O FND N61'43'16"W 39.05' (CALL N61'50'41 "W 38.72) FND SCRIBED "X" IN CONCRETE y CALC. - CORNER PARKagZ MAU MARK W. WHffELEY AND ASSOCIATES INCORPORATED ?�CONSM:UMMG NUMS, oRs. ND pumm m "PIsFm NO, 10106M P. O. 8Q2 6492 BSIWEOMt 0U- �1LA-6iY£ J .L V B C3 to C4 C2 .r EXISTING WATER LINE-- LS LINE BEARING DISTANCE L 1 N 18'21 '28E 57.88' L2 S71'38'32 E 10.00' L3 S18'2128"W L4 S 1.$'21 '28 "W 20.07' L5 N71'38'32'"W 10.00' L6 N18'2128 E 20.47` 10' WIDE EXCLUSIVE WATER LINE EASEMENT (0.0133 ACRES) FREDRICK BIGNER SURVEY ABSTRACT NO. 1 BEAUMONT, JEFFERSON COUNTY, TEXAS FND 1. ROD WITH CAP EXHIBIT "B" REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION 'C,rl Ic- a LOB 5 �� os�"r2F'1c 20 ooQ � Ap & ' O� 4 �,p,Fz.KdP4� "6A5JG 5 qO Cl FND SCRIBED "X" IN CONCRETE TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY 1. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESC HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND - TTHE TIME OF THE SURVEY. DATE SURVEYED;_ MARCH 10. 2015 5�Q %STZ qfi FTHOMAS S.�RO .. •- 5728....