HomeMy WebLinkAboutRES 15-069RESOLUTION NO.15-069
WHEREAS, Parkdale Crossing CMBS, LLC has agreed to convey one (1) ten foot
(10') wide exclusive water line easement, said easement being a 0.0047 acre tract out and
part of Lot 3, 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
Crossing CMBS, LLC, being a 0.0047 acre tract out of and part of Lot 3, 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.
WAG16-1
PASSED BY THE CITY COUNCIL of the City of Beaumont thisthe 14th day of April,
y�
ttentir
Fitt 4)�N'
STATE OF TEXAS X
COUN'T'Y OF JEFFERSON X
):SNOW ALL MEN BY THESE PRESENTS:
WATER LINE EASEMENT
THAT, PARKDALE CROSSING CM}3S, LLC, a Delaware Limited Liability
Company, hereinafter called "GRANTOR", whether one or niore, for and in consideration of the
sum of ONE, AND N0/100 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 a.clmowledged, has GRANTED, SOLD and CONVEYED, and by these
presents does GRANT, SELL and CONVEY unto the CITY OF MAUMONT, P. 0. Box
3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual,
exclusive, water line easement (the "Easement") to construG1, 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").
'.Che 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 i:he Easement Arca 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 evert unreasonably interfere with or hinder the
EX H I B,l.T>`T"
business operations on the Grantor's adjacent property anal/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 Easeinent 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 Cleric 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 OR BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but
not otherwise, subject to the Permitted Exceptions,
[Signature Page Follows]
e
EXECUTED this U day of , 2015.
GRANTOR:
PAR.KDALE CROSSING CMBS, LLC,
a Delaware Limited Liability Company
By: CBL & Associates Management, Inc., ,
Its managing agent
1 `N�4Yrrm
By,
Prin arae; Jeffery V. Carry
Tit e: hief Legal Officer
ACKNOWLEDGMENT
STATE OF TENNESSEE X
DISTRICT OF HAMILTON X
This instrument was acknowledged before me on this the � da
g � Y of
2015, by Jeffery V. Curry, as Chief Legal Officer of CBL & Associates Management, Inc., and
ilia Company acknowledged this instrument as Managing Agent on behalf of Parkdale Crossing
CMBS, LLC, a Delaware Limited Liability Company. W"day
GIVEN UNDER MX HANDAND SEAL OF OFFICE, this of V` ��� i , 2015.
'My Commission,�Xpires 2 -10.2018
A.C. I
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3 827
Beaumont, TX 77704
EXMBIT "A"
Legal .Description: 10 Feet Wide Exclusive Water Line Easement
.Containing 0.0047 Acres
Out of and Part of Lot 3, Block I
Parkdale Mall Addition
Volume 14, Pages 245 and 246, Map Records
Frederick Bi gner ,Survey, Abstract No. 1
Beatunozzt, Jcffexson County, Texas
BEING a 10 feet wide 'exclusive water line easement containing 0.0047 acres situated in the
Frederick Bigner Survey, Abstract No. 1, Jefferson County, Texas and being out of and part of
Lots 3, Block 1 of Parkdale Matt 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 Cowity, Texas, said 0.0047 acre easement being more particularly described as
follovts:
NOTE: All bearings are referenced to the Easterly Zine of the said Lot 4 as SO UT11
32°00100" EAST as recorded in the above referenced Yblunw 14, Pages 245 and
246, Map. Records, Jefferson County, Texas,
COIVIlV (,NCINGY at a scribed "X" in a concrete curb found for the Southeasterly corner of the Lot
4, Block I of the said Parkdale Mall Ad.di tion, the same being the Southeasterly corner of Lot 4 of
the Amended Plat of Lots 2,4 and 9, Block 1 of Parkdale Mali Addition as recorded in Clerk's File
No. 2007006814, Official Publio Records of Real Property, Jefferson County, Texas and in the
North line of the said. Lot 3 aizd being an exterior ell corner of Lot 5, Block 1 of the said Parkdale
Mall Addition, said corder also being the beginning of a curve turning to the right, having aradius
of 1237.35 feet and being subtended by a chord bearing NORTH 75°27'59" WEST having a chord
length of 254.34 feet)-
TEIENCE NORTR WE S TE RL Y, along anti with said curve and for the boundaW between the said
Lots 3 and. 4, for an arc length of 254.79 feet to the POINT O'10+ BEGINNING of the easement
herein described:
T)IENCE, SOUTH 1802128" WEST, over and across the said Lot 3, for a distance of 20.07 feet
to a point for cower;
'ffT' NCE NORTH 71038'32" WEST, continuing over and across the said Lot 3, for a distance of -
10. 00
f10.00 feet to a point for corner;
THE, NORTII 18°21'28" EAST, over and across the said Lot 3, for a distance of 20.47 feet
to a point for corner, said point being in the common line between the said Lots 3 and 4 and being
the begiauing of a curve turning to the left., having a radius of 1237.35 .feet and behig subtended
by a chord bearing SOUTII 69°20'08" EAST having a chord length of 10,01 feet;
EXIITBIT "A"
tl tu�rrrrcte�• �a .•� srora rl s 1/ye.
THE, NCE SOUTHEASTEL'Y', along and with the conumn Une. between the said Lots 3 & 4 and
along and with said curve, for an arc length of 10.01 -feet to the POINT Or 13EGINNING and
containing 0.0047 Acres, more or less.
Surveyed on March 10, 2015. TMs legal description is being submitted along with a plat based on.
this survey (see EXHIBIT "B"
Thomas S. Rowe, RPLS No. 5728
TBPLS Firm No.: 10106700
W:@OIS IS-1?9l5.199mAA TRACT JA=
B7Q-aBrr "A"
C4
1. NOTHING IN THIS. SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING
OWNERSHIP op, i7rLE,
Z THE VIORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL
JUDGMENT BY THE SURVEYOR, WHICH IS WED ON HIS BEST KNOWLEDGE; INFORMATION AND
BFVEF FORUED IN 7HE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE
STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY 7HE TEXAS BOARD OF PROFESSIONAL?
LAND SURVEYORS AND 7HE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS, AS SUCH, IT
CONOMITS IVE17HER A GUARANTEE NOR A YIARRWTY, EXPRESSED OR IMPLIED.
3. MR114GS ARE REFERENCED To EASTERLY LINE OF LOT 4 AS RECORDED IN VOLUME 14, PAGES
245 AND 246. MAP RECORDS, JEFFERSON. COUNTY, 7E L2'-
vc
GF b?
SG
FND N6174316V 39.05'
CALL N61'50'41"W 36.72)
FNB SCRIBED 7"
IN CONCRETE j
CA -La -
CORNER
fi
-7 -y
DOWLEN. ROAD
me w. wBrom
MDAMOMTM
RTCORPOMTm
OEM= a-Mmm,
sdm= m pumm
TApla -V= 40. 1010am
Do-= wa umE-7'
LINE BEAR= DISTANCE
LI
Nle2l'28"t
57.88'
L2
S71'38'32"E
moo'
13,
S1Ir2126-VI
56-29'
L4
E Sl8'2128*W
20.07'
L5
w -136"32v
10.00,
L6
N18*21'28E 1
20.47'
10" WIDE EXCLUSIVE
WATER LINE EASEMENT
(0.0047 ACRES)
FREDRICK SIGNER SURVEY
ABSTRACT NO. I
BEAUMONT, JEFFERSON
COUNTY, TEXAS
POB.
G2
— '.
AP EXHIBIT
VM CAP CAP EXHIBIT "B"
REFER TO EXHIBIT 'A"
FOR LEGAL DESCRIPTION
—10' EXCLUSIVE WATER
LINE EASEMENT
(0.0047 ACRES.)
1'00
m
FXD SCRIBED "X'
IN CONCRETE
TO THE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF THE SURVEY.
I. THOMAS Z ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY
MAGE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGeLY DESCR43ED
HEREON AND CORRECTLY REPRESENTS THE FA07S FOUND AT 774E 77ME
OF THE SURVEY
DATE Az
,a
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY .OF JEFFERSON X
WATER LINE EASEMENT
THAT, PARKDALE CROSSING CMBS, LLC, a Delaware Limited Liability
Company, hereinafter called "GRANTOR", whether one or more, for and in consideration of the
sum of ONE AND N0/100 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 day of —0"1'2015.
GRANTOR:
PARKDALE CROSSING CMBS, LLC,
a Delaware Limited Liability Company
By: CBL & Associates Management, Inc., .._,.
Its managing agent
//6-
By:
Lead
Prints° ame: Jeffery V. Curry
Title: Chief Legal Officer
STATE OF TENNESSEE X
DISTRICT OF HAMILTON X
This instrument was acknowledged before me on this the day of601
,
g Y
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 Crossing
CMBS, LLC, a Delaware Limited Liability Company.
1 I
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of �� y I , 2015.
My Commission-gxpires 2 - 90 - 2018
A.C. Greeson - Notary Public,
RETURN TO: City of Beaumont OF
Antoinette Hardy - Engineering
P. O. Box 3 827 ITENNESSEE
Beaumont, TX 77704 T
AW
EXHIBIT "A"
Legal .Description: 10 Feet Wide Exclusive Water Line Easement
Containing 0.0047 Acres
Out of and Part of Lot 3, 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 0.0047 acres situated in the
Frederick Bigner Survey, Abstract No. 1, Jefferson County, Texas and being out of and part of
Lots 3, 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, said 0.0047 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.
COAVVIEEN.CING at a scribed " X" in a concrete curb found for the Southeasterly corner of the Lot
4, Block 1 of the said Parkdale Mall Addition, the same being the Southeasterly corner of Lot 4 of
the Amended Plat of Lots 2, 4 and 9, Block 1 of Parkdale Mali Addition as recorded in Clerk's File
No. 2007006814, Official Public Records of Real Property, Jefferson County, Texas and in the
North line of the said Lot 3 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 1237.35 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 SOUTH 18021'28" WEST, over and across the said Lot 3, for a distance of 20.07 feet
to a point for corner;
THENCE NORTH 71 °38'32" WEST, continuing over and across the said Lot 3, for a distance of
10.00 feet to a point for corner;
THENCE NORTH 18021'28" EAST, over and across the said Lot 3, for a distance of 20.47 feet
to a point for corner, said point being in the common line between the said Lots 3 and 4 and being
the beginning of a curve turning to the left, having a radius of 1237.35 feet and being subtended
by a chord bearing SOUTH 69°20'08" EAST having a chord length of 10.01 feet;
EXHIBIT "A"
MARK IV ►WITELEY & ASSOCIATES, INC.
THENCE SOUTHEASTELY, along and with the common line between the said Lots 3 & 4 and
along and with said curve, for an arc length of 10.01 feet to the POINT OF BEGINNING and
containing 0.0047 Acres, more or less.
Surveyed on March 10, 2015. This legal description is being submitted along with a plat based on
this survey (see EXHIBIT "B" .
d.. O g�rF9F'r9c9
r'Q %
Thomas S. Rowe, RPLS No. 5728 • '
...:.............................
THOMAS... ROWS
... sq..>.>6728...ez:.....
TBPLS Firm No.: 10106700 b;oF T.
� ass►,.•'0
9�y� •S U ���.�0
WA2015V 5-19915-199m&6 TRACT 1.docx
EXHIBIT "A"
Page 2 of 2
AIARK 11' WHITELEY & ASSOCIATES, INC
CURVE
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD BEARING
DELTA ANGLE
C 1
1237.35'
254.79'
254.34'
N75'27 59"W
11'47 53"
FND C2
1237.35'
421.58'
419.54'
S71'36'17 E
19131'16"
CALL C2
1237.35'
421.58'
19'31'18"
C3
1237.35'
10.01'
10.01'
N69'20'08"W
02748"
C4
1237.35'
10,01'
10.01'
S692008 E
0'27'48"
0 E:
1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING
OWNERSHIP OR TITLE.
2. THE WORD CERTIFY 1S 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.
3. BEARINGS ARE REFERENCED TO EASTERLY LINE OF LOT 4 AS RECORDED 1N VOLUME 14, PAGES
245 AND 246, MAP RECORDS, JEFFERSON COUNTY, TEXAS. _ L2 `
ol
Fzti Np 2jG
GF. pP
FND SCRIBED "X"
IN CONCRETE s
fi
2,l
DOWLEN ROAD
FND N61'43'16"W 39.05'
CALL N61'50'41 "W 38.72)
CALC. -
CORNER
CMBS UC DWO
MARK W. WHffEIEY
AND ASSOCIATES
iNCORPORATEO
CONSULTING SNGMMIS,
SORMORS, AND PLANKM
TBPS.S. FM NO. -10106700
P. 0. sox 5w am RIBa ym.
400--M--M loa=yam
v
EXISTING WATER LINE-1
POB
C3
^4
C2
LINE
BEARING
DISTANCE
L1
N18'21'28 E
57.88'
L2
S71'3832"E
10.00'
L3
S18'21 28'W
58.29'
L4
S 18'21 '28 "W
20.07'
L5
N71'38'32"W
10.00'
L6
N1821'28"E
20.47'
10' WIDE EXCLUSIVE
WATER LINE EASEMENT
(0.0047 ACRES)
FREDRICK BIGNER SURVEY
ABSTRACT NO. 1
BEAUMONT, JEFFERSON
COUNTY, TEXAS
FND L ROD
WITH CAP
EXHIBIT "B"
REFER TO EXHIBIT A"
FOR LEGAL DESCRIPTION
8QVo
cpr
�o� �L�s O.Zg6
10" EXCLUSIVE WATER
LINE EASEMENT
(0.0047 ACRES)
C1
POC
FND SCRIBED '7("
IN CONCRETE
TO THE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF THE SURVEY:
1. THOMAS S. ROWE 00 HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME
OF THE SURVEY.
DATE SURVEYED; MARCH
5�C3
..
+THOIVAS S,
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