HomeMy WebLinkAboutRES 15-116RESOLUTION NO. 15-116
WHEREAS, Hamlet Park 2, LP has agreed to convey one (1) ten foot (10') wide
exclusive water line easement, said easement being a 4,105.97 square foot tract out of
a 1.0 acre tract, situated in the Frederick Bigner Survey, Abstract No. 1, as described
and shown in Exhibit "1," attached hereto, to the City of Beaumont for the construction
of new townhomes located at 3995 Crow 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 Hamlet
Park 2, LP, being a 4,105.97 square foot tract out of a 1.00 acre tract, situated in the
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.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
June, 2015.
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, HAMLET PARK 2, LP, a Texas Limited Partnership, 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
IXM�B�.,u� �r
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 22015.
Hamlet Park 2, LP,
a Texas Limited Partnership
By: HAMLET MANAGEMENT, INC.,
a Texas Corporation, Its General Partner
By:
Printed Name: Alan Grassano
Title: President
ACKNOWLEDGMENT
STATE OF FLORIDA X
COUNTY OF INDIAN RIVER X
This instrument was acknowledged before me on this the day of ,
2015, by Alan Grassano, President of Hamlet Management, Inc., general partner of Hamlet Park
2, LP.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2015.
Notary Public, State of Texas
RETURN TO,: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
FAUST Engineering and Surveying, Inc.
Professional Engineers and Professional Surveyors
E-MAIL ADDRESS INFO@FAUSTENG.COM
2525 Calder Street
Beaumont,Texas 77702
Surveying Firm Registration No. 100024-00
Engineering Firm Registration No. 4800
Telephone (409) 813-3410
Fax (409) 813-3484
EXHIBIT A
PAGE 1 OF 2
FIELD NOTE DESCRIPTION
FOR A 4,105.97 SQUARE FEET, 10 FEET WIDE
EXCLUSIVE WATERLINE EASEMENT
OUT OF A
1.00 ACRE TRACT
F. BIGNER SURVEY, ABSTRACT NO. 1
JEFFERSON COUNTY, TEXAS
June 08, 2015
THAT certain 4,105.97 square feet, 10 feet wide exclusive waterline easement out of a 1.00 acre
tract out of the F. Bigner Survey, Abstract No. 1, Jefferson County, Texas; said 1.00 acre tract
conveyed to Hamlet Park 2, LP, a Texas Limited Partnership, as recorded in County Clerk's File
No. 2007045571 of the Real Property Records of Jefferson County, Texas; said 4,105.97 square
feet tract being more particularly described by metes and bounds as follows:
(BASIS OF BEARINGS IS THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE, CONVERGENCE 02°22'21", SCALE FACTOR 0.999956476, NAD 1983)
COMMENCING at a concrete monument (disturbed) found on the west right-of-
way line of Crow Road, being the southeast corner of a tract conveyed to
Hamlet Park, LP, as described in County Clerk's File No. 2003037055 of the Real
Property Records of Jefferson County, Texas, and the northeast corner of the
said 1.00 acre tract;
THENCE South 02°34'38" East (called South) along the west right-of-way line of
said Crow Road and the east line of the said 1.00 acre tract, a distance of 29.81
feet to the northeast corner of the said 1.00 acre tract and the POINT OF
BEGINNING of the herein described tract;
THENCE South 0234'38" East (called South) along the west right-of-way line
Crow Road and the east line of the said 1.00 acre tract, a distance of 10.00 feet
to the southeast corner of the herein described tract;
THENCE South 87°03'45" West, a distance of 408.57 feet to the southwest
corner of the herein described tract;
1
Field Note Description
THENCE North 0256'15" West, a distance of 10.00 feet to the northwest corner
of the herein described tract;
THENCE North 87°03'45" East, a distance of 97.77 feet to an angle point in the
north line of the herein described tract;
THENCE North 02°56'15" West, a distance of 2.00 feet to angle point in the
north line of the herein described tract;
THENCE North 87°03'45" East, a distance of 10.00 feet to an angle point in the
north line of the herein described tract;
THENCE South 02°56'15" East, a distance of 2.00 feet to angle point in the north
line of the herein described tract;
THENCE North 87'03'45" East, a distance of 300.85 feet to the POINT OF
BEGINNING and containing 4,105.97 square feet of land, more or less.
This description and the accompanying plat were prepared from a Land Title
Survey performed under the supervision of Richard F. Faust, P.E.,Registered
Professional Land Surveyor No. 4782 on October 23, 2014.
- � OF T
C40:
Richard F. Faust, P.E.-RICHARD R FAUST ,
Registered Professional Land Surveryor No. 4782 'O 4782
y/�Q SSnO�y�
Page 2
NOW OR FORMERLY
HAMLET PARK LP
OFj 2003037055
,ARR.P.R.
N 87-0395'_ E 462.76'
1/2'
4782
EXHIBIT B
PAGE 1 OF 1
TO ACCOMPANY DESCRIP71ON
OF
A 4105.97 SQUARE FEET
BEING A 10 FEET WIDE
EXCLUSIVE WATERLINE EASEMENT
OUT OF
A 1.00 ACRE TRACT
F. BIGNER SURVEY, ABSTRACT NO. 1
BEAUMONT, JEFFERSON COUNTY, TEXAS
N 87'03'45 . E 300.85'
4105.97 SQ.FT.
10' WIDE EXCLUSIVE
WATERLINE EASEMENT
COMMENCING POINT
FOUND CONC.
MONUMENT
(DISTURBED)
S 02:14'38" E 29.81' y
(CALLED SOUTH)
POINT OF BEGINNING N
vi �7
S 02:14'38" E 10.00'
(CALLED SOUTH)
C1
o�V
FOUND 1/2'J 1
RESAR `I
(BASIS OF BEARINGS IS THE 7EXAS STAT
PLANE COORDINATE SYS764, SOUTH LEND
ZONE, CONVERGENCE 022221, SCALE
FACR7R 0.999956476, NAD 1903)
v
N SCALE 1"= 40'
WCIN17Y MAP
N TS.
ot
,m6j EERlNG ANI? SURVEYING, INC.
2525 CAUER STREET ■ NAIIM4MT. TENS 7770E
44M 813-3410 ■ FAX 54497 813-3424
PWXCr H0. 140058
N 87'03'45" E 10.00
S 02 56'15" E 2.00'
N 02'56'15" W 2.00'
�2
N 87'03'455' E 87,77'
e�
zw
S 87'03'45" W 408.57'
o P
O %"
a
N 0256'15 W 10.00'
NOW OR FORMERLY
o
a w
A TEXAS LIMITED PARTNERSHIP
CALLED 1.00 ACRES
t•o w
CLERKS FILE NO. 2007045571 J.GD.R.
o
S 87'03'45" W 462.76'
�z
(CALLED S 90'00'00 W 467.009
�i
\-
b't
FOUND 5/8'
RE6AR
NOW OR FORMERLY
NORMANDY TOWNHOMES LLC
CF, 1999045213
AC.R.P.R.
4782
EXHIBIT B
PAGE 1 OF 1
TO ACCOMPANY DESCRIP71ON
OF
A 4105.97 SQUARE FEET
BEING A 10 FEET WIDE
EXCLUSIVE WATERLINE EASEMENT
OUT OF
A 1.00 ACRE TRACT
F. BIGNER SURVEY, ABSTRACT NO. 1
BEAUMONT, JEFFERSON COUNTY, TEXAS
N 87'03'45 . E 300.85'
4105.97 SQ.FT.
10' WIDE EXCLUSIVE
WATERLINE EASEMENT
COMMENCING POINT
FOUND CONC.
MONUMENT
(DISTURBED)
S 02:14'38" E 29.81' y
(CALLED SOUTH)
POINT OF BEGINNING N
vi �7
S 02:14'38" E 10.00'
(CALLED SOUTH)
C1
o�V
FOUND 1/2'J 1
RESAR `I
(BASIS OF BEARINGS IS THE 7EXAS STAT
PLANE COORDINATE SYS764, SOUTH LEND
ZONE, CONVERGENCE 022221, SCALE
FACR7R 0.999956476, NAD 1903)
v
N SCALE 1"= 40'
WCIN17Y MAP
N TS.
ot
,m6j EERlNG ANI? SURVEYING, INC.
2525 CAUER STREET ■ NAIIM4MT. TENS 7770E
44M 813-3410 ■ FAX 54497 813-3424
PWXCr H0. 140058
7 PGS 2015022754
STATE OF TEXAS X
KNOW ALI, MEN BY THESE PRESENTS:
COUNTY OF 313FFERSON X
WATER LINE EASEMENT
THAT, HAMLET PARK 2, LP, a Texas Limited Partnership, hereinafter called
"GRANTOR", whether one or more, Ibr and in consideration of the sum of ONE AND NOf 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, R. 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 "Easement Area").
The Easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and/or removing water Imes 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
14PZ-Waodw Zam.),o
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 "I'ernnitted
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 rigbt-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]
r
1
EXECUTED this day of , 2015.
GRANTOR:
I-Iamlet Park 2, LI',
a Texas Limited Partnership
]3y: HAY45E5C' vIAGEMENT, INC.,
Texas Corporalion, Its General Partner
ACKNOWLEDGMENT
STATE OF FLORIDA X
COUNTY OF INDIAN RIVER X
This instrument was acknowledged before me on this the _� day of Zl
2015, by AIan Grassano, President of Hamlet Management, Inc., general partner of Ham et Park
2, LP.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this d. day of Sul, 2015.
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P_ O_ Box 3827
Beaumont, TX 77704
Public, State off
FLurd"
JASON ROEGNER
Notary ",jbhc State of Florida
My Cor--!i: expires S=: ?s 2018
�'•;�����;o�' Commission # FF 163622
FAUST Engineering and Surveying, Inc.
Professional Engineers and Professional Surveyors Telephone (409) $13-2410
E-MAIL ADDRESS INFO@FAUSTENG.COM Fax (409) 813-3484
2525 Calder Street
Beaumont, Texas 77702
Surveying Firm Registration No.100024-00
Engineering Firm Registration No. 4800
EXHIBIT A
PAGE 1 OF 2
FIELD NOTE DESCRIPTION
FOR A 4,105.97 SQUARE FEET, 10 FEET WIDE
EXCLUSIVE WATERLINE EASEMENT
OUT OF A
1.00 ACRE TRACT
F. BIGNER SURVEY, ABSTRACT NO.1
JEFFERSON COUNTY, TEXAS
June 08, 2015
THAT certain 4,105.97 square feet, 10 feet wide exclusive waterline easement out of a 1.00 acre
tract out of the F. Bigner Survey, Abstract No. 1, Jefferson County, Texas; said 1.00 acre tract
conveyed to Hamlet Park 2, LP, a Texas Limited Partnership, as recorded in County Clerk's File
No. 2007045571 of the Real Property Records of Jefferson County, Texas; said 4,105.97 square
feet tract being more particularly described by metes and bounds as follows:
(BASIS OF BEARINGS IS THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE, CONVERGENCE 02-22'21", SCALE FACTOR 0.999956476, NAD 1983)
COMMENCING at a concrete monument (disturbed) found on the west right-of-
way line of Crow Road, being the southeast corner of a tract conveyed to
Hamlet Park, LP, as described in County Clerk`s File No. 2003037055 of the Real
Property Records of Jefferson County, Texas, and the northeast corner of the
said 1.00 acre tract;
THENCE South 02'34'38" East (called South) along the west right-of-way line of
said Crow Road and the east line of the said 1.00 acre tract, a distance of 29.81
feet to the northeast corner of the said 1.00 acre tract and the POINT OF
BEGINNING of the herein described tract;
THENCE South 02"34'38". East (called South) along the west right-of-way line
Crow Road and the east lisle of the said 1.00 acre tract, a distance of 10.00 feet
to the southeast corner of the herein described tract;
THENCE South 87'03'45" West, a distance of 408.57 feet to the southwest
corner of the herein described tract;
Field Note Description
THENCE North 02°56'15" West, a distance of 10.00 feet to'the northwest corner
of the herein described tract;
THENCE North 87°03'45" East, a distance of 97.77 feet to an angle point in the
north tine of the herein described tract;
THENCE North 02"56'15" West, a distance of 2.00 feet to angle point in the
north line of the herein described tract;
THENCE North 87'03'45" East, a distance of 10.00 feet to an angle point in the
north line of the herein described tract;
THENCE South 02°56'15" East, a distance of 2.00 feet to angle point in the north
line of the herein described tract;
THENCE North SM3'45" East, a distance of 300.85 feet to the POINT OF
BEGINNING and containing 4,105.97 square feet of land, more or less.
This description and the accompanying plat were prepared from a Land Title
Survey performed under the supervision of Richard F. Faust, P.E.,Registered
Professional Land Surveyor No. 4782 on October 23, 2014.
OF
Richard F. Faust, P.E. f�CMD F. FAUST
Registered Professional Land Surveryor No. 4782 �' „_ `1,12
Page 2
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