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HomeMy WebLinkAboutRES 15-214RESOLUTION NO. 15-214 WHEREAS, Scannell Properties #223, LLC has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.383 acre tract situated in the Samuel Stivers Survey, Abstract No. 51, as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for a fire line in the event of an emergency for the 124,800 square foot American Tire Distributors Facility located at 4975 Fannett 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 Scannell Properties #223, LLC, being a 0.383 acre tract situated in the Samuel Stivers Survey, Abstract No. 51, 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 6th day of October, 2015. lizTtor :_ . i i, STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, SCANNELL PROPERTIES #223, LLC, an Indiana 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 Exhibits "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 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 EXHIBIT "1" a 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 , 2015. GRANTOR: Scannell Properties #223, LLC an Indiana Limited Liability Company By: Scannell Properties #223, LLC an Indiana Limited Liability Company By: Printed Name: James C. Carlino Title: Managing Partner ACKNOWLEDGMENT STATE OF INDIANA X COUNTY OF HAMILTON X This instrument was acknowledged before me on this the day of , 2015, by James C. Carlino, Managing Partner of Scannell Properties #223 LLC, General Partner of Scannell Properties #223, LLC, an Indiana Limited Liability Company, known to me to be the person name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said partnership and its general partner. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2015. Notary Public, State of Indiana RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 Arecnca ux YtilC. 1. ARCENEAUX WILSON & COLE LLC Engineering s Surveying PIanning EXHIBIT "A" DESCRIPTION OF A TRACT OF LAND CONTAINING 0.383 ACRE OF LAND, MORE OR LESS OUT OF THE SAMUEL STIVERS SURVEY, ABSTRACT No. 51 JEFFERSON COUNTY, TEXAS PAGE 1 of 4 Being a 0.383 acre tract or parcel of land in the Samuel Stivers Survey, Abstract No. 51, Jefferson County, Texas, a portion of that certain tract of land (called "256.555 acres") designated "Tract I" and described in that certain instrument to B & L International, LLC, recorded in Clerk's File No. 2011020108 of the Official Public Records of Jefferson County, Texas, and the said tract herein described being more particularly described by metes and bounds as follows: FOR LOCATIVE PURPOSES COMMENCING at a 1/2" iron pipe found in the south right-of-way line of Texas State Highway No. 124 for the most northerly west corner of said 256.555 acres tract, having a Texas State Plane Coordinate Value of North 13,956,381.24' and East 3,503,811,14'; THENCE North 69 deg. 55 min. 49 sec. East, along and with the said south right-of-way line of Highway No. 124, a total distance of 183.78 feet, to the POINT OF BEGINNING of the herein described tract of land, having a Texas State Plane Coordinate Value of North 13,956,444.31' and East 3,503,983.76; THENCE continuing North 69 deg. 55 rein. 49 sec. East, along and with the said south right-of-way line of Highway No. 124, a total distance of 10.00 feet, to an angle point corner of the herein described tract of land; THENCE South 20 deg. 02 min. 05 sec. East, a total distance of 46.21 feet, to an angle point corner of the herein described tract of land; THENCE North 69 deg. 57 min. 55 sec. East, a total distance of 19.20 feet, to an angle point corner of the herein described tract of land; THENCE South 20 deg. 02 min. 05 sec. East, a total distance of 10.00 feet, to an angle point corner of the herein described tract of land; THENCE South 69 deg. 57 min. 55 sec. West, a total distance of 19.20 feet, to an angle point corner of the.herein described tract of land; THENCE South 20 deg, 02 min. 05 sec. East, a total distance of 537.34 feet, to an angle point corner of the herein described tract of land; THENCE North 69 deg. 57 min. 55 sec. East, a total distance of 355.61 feet, to an angle point corner of the herein described tract of land; (409) 724-7888 • 2901 Turtle Creek Drive • Suite 320 • Port Arthur, Texas 77642 Registered Engineering Firm F-16194 Registered survey Firm 10104040 �1 ppppp ua Wilson & C.alr.-'=cl :,`:ilic'.'•'� 1 THENCE North 20 deg. 02 min. 05 sec. West, a total distance of 593.56 feet, to an angle point corner of the herein described tract of land; THENCE North 70 deg. 03 min. 56 sec. East, a total distance of 10.00 feet, to an angle point corner of the herein described tract of land; THENCE South 20 deg. 02 min. 05 sec. East, a total distance of 28,17 feet, to an angle point corner of the herein described tract of land; THENCE North 69 deg, 57 min. 55 sec. East, a total distance of 13,23 feet, to an angle point corner of the herein described tract of land; THENCE South 20 deg. 02 min, 05 sec. East, a total distance of 10.00 feet, to an angle point corner of the herein described tract of land; THENCE South 69 deg. 57 min. 55 sec. West, a total distance of 13.23 feet, to an angle point corner of the herein described tract of land; THENCE South 20 deg. 02 min, 05 sec. East, a total distance of 555.37 feet, to an angle point corner of the herein described tract of land; THENCE North 69 deg. 57 min. 55 sec. East, a total distance of 12,63 feet, to an angle point corner of the herein described tract of land; THENCE along a curve to the right having a radius of 482.50 feet, a_central angle of 01 deg. 11 min. 23 sec., an arc length of 10.02 feet, a chord bearing of South 16 deg, 34 min. 07 sec. East and a chord length of 10.02 feet to an angle point corner of the herein described tract of land; THENCE South 69 deg. 57 min. 55 sec. West, a total distance of 449.48 feet, to an angle point corner of the herein described tract of land; THENCE North 20 deg. 02 min. 05 sec. West, a total distance of 10.00 feet, to an angle point corner of the herein described tract of land; THENCE North 69 deg. 57 min. 55 sec. East, a total distance of 61,85 feet, to an angle point corner of the herein described tract of land; THENCE North 20 deg. 02 min. 05 sec. West, a total distance of 593.61 feet, returning back to the POINT OF BEGINNING and containing 0,383 acre of land, more or less. EXHIBIT "A" PAGE 2 OF 4 6iii-;; —1—M.MMMUN �4 AWCEngineering suroBytng Planning NOTE: Dimensions indicated hereon are based upon G.P.S. Surveying, tied to the Trimble RTK Network, referenced to the (NAD 1983) Texas State Plane Coordinate System, South Central Zone (4204). Grid scale factor; 0.999937472. See accompanying Plat Prepared: August 14, 2015 y�'F""f:, Job No. ADB -010 SUR' By: x. E. James V tt, Texas R ' tered Professional Land Surveyor No. 1781 EXHIBIT "A" PAGE 3 OF 4 St.00 a.STOVERS SURVEY �5396064yp3.67 AIMSTRACT No. Wil 172.6 NqJ' 1� N70p356aE j3.23 � , 4t1 t 8 2 460- muI/31sitar. e�asuFe N6 � 1h92 6 g3 N°; �"�i>ss 9 � 3 0 N lSA563.24 E 3307a1t.I4 G+ 0 5T•ry6 E 15376 � �0 NO OW O 0�' PpRR RR � TR NORTH "GRID" yvt��� PR NsSN pRM�N4 NORTH G oto V600 ^'pg �U7tF0 t Xl- o "I d X15 j� w1 a iP ?a iNR7I1iP. U0 N 1305..9' 98. r3 FRUR. µ/e(2 E 3604I36.3a FNDJ6w FAST X10 N�j3055.90/96 N 13936837.44 ', E 3304372,03 E JW404a.63 N55'55'05'i: 104.73' CURVE TABLE No. Radius Are Chord lChord Bearing Central Angle Ct 482.50' 10.02' 10.02' 1 Sl6-34'07"E 01'11'23" 02 482,50' 24.18' 24.18' S78.35'57"E 02.52'16" C3 482.50'106.88' 537.34' 106.66-118737'42"E N 69' 57' 55' E 12'41'30" NOTES: 1. DIMENSIONS INDICATED HEREON ARE BASED UPON G.P.S, SURVEYING, TIED TO THE TRIMBLE RTK NETWORK, REFERENCED TO THE (NAD 1983) TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL TONE(4204). GRID SCALE FACTOR: 0.999937472, 2, SEE ACCOMPANYING DESCRIPTION. LINE TABLE No. Bearing Distance L1 N 69' 55' 49" E 10.00- L2 S 20' 02' 05" E 46,21' L3 N 69' 57' 55" E 19.20' L4 S 20' 02' 05" E 10.00' L5 S 69' 57' 55" W 19.20' L6 S 20' 02' 05' E 537.34' L7 N 69' 57' 55' E 355.61' LB N 20' 02' 05" W 593.56' L9 N 70' 03' 58" E 10.00' 1.10 S 20' 02' 05' E 28.17' VICINITY MAP LINE TABLE No. Bearin Distance L1 T N 69' 5T 55" E 13.23' L12 S 20' 02' 05" E 10.00' L13 S 69' 57' 55" W 13,23' L14 S 20' 02' 05' E 555.37' L15 N 59' 57' SEE CURVE No.1 OF CURVE TABLE L16 S 69' 57' 55" W 449,48' L17 N 20' 02' 05' W 10.00' L18 N 69' 57' 55" E 61.85' 1.19 N 20' 02' 05' W 593.61' GIVENUU,NNDDEER MY HAND AND SEAL OF OFFICE, THIS,'' DAY OFall A.D. wl [�/NOTARY PUBLIC AND FOR THE STATE OF -TEXAS A+f JOY R, JACKSON lismllton County My COmmi6SIDn Expires NDvember23,2016 (DATE) SURVEYOR'S CERTIFICATION: I, E. JAMES VERRETT, DO HERE9Y CERTIFY THAT THIS PLAT REFLECTS THE RESULTS OF AN ACTUAL SURVEY PERFORMED ON THE GROUND, AND THAT THE UHIBIT A" PAGE 4 OF 4 SAME IS TRUE AND CORRECT, TO THE BEST OF MY KNOWAND BELIEF. DATE OB 1 2015 E VERRETr ERm PROFESSIONAL LAND SURVEYOR — JOB— 4— JOB No. ADB -010 Arconooux Wilson & Cale - - - - - - - - A, C Engineering Surveying Planning 2901 Turtle Creek Drive Suite 320 • Pon Arthur, TX 77842 Office: 409-724-7968• Fare 409.724.1447. www.awceng.com TEXAS REGISTERED ENGINEERING FIRM F-16194 j� TEXAS LICENSED SURVEYING FIRM 10194049 D� COUNTY of dc-I�€rizLTD/t1 ES C, CARIJNO WA N A p,n EFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED JAMES C. CARLINO, PARTNER, SCANNELL PROPERTIES #223, LLC., KNOWN TO ME CANNELL PROPERf{ X223, L THE INSTRUMENT, Boo E. 96TH SUITE 175 TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO FOREGOING AND ACKNOWLEDGED TO ME. THAT THEY EXECUTED THE SAME FOR THE PURPOSES INDWNAPOLIS, A1ARI0 COUNTY IN 46240 AND CONSIDERATION THEREIN SET FORTH ON BEHALF OF SCANNELL PROPERTIES 7 843-597 223, LLC. GIVENUU,NNDDEER MY HAND AND SEAL OF OFFICE, THIS,'' DAY OFall A.D. wl [�/NOTARY PUBLIC AND FOR THE STATE OF -TEXAS A+f JOY R, JACKSON lismllton County My COmmi6SIDn Expires NDvember23,2016 (DATE) SURVEYOR'S CERTIFICATION: I, E. JAMES VERRETT, DO HERE9Y CERTIFY THAT THIS PLAT REFLECTS THE RESULTS OF AN ACTUAL SURVEY PERFORMED ON THE GROUND, AND THAT THE UHIBIT A" PAGE 4 OF 4 SAME IS TRUE AND CORRECT, TO THE BEST OF MY KNOWAND BELIEF. DATE OB 1 2015 E VERRETr ERm PROFESSIONAL LAND SURVEYOR — JOB— 4— JOB No. ADB -010 Arconooux Wilson & Cale - - - - - - - - A, C Engineering Surveying Planning 2901 Turtle Creek Drive Suite 320 • Pon Arthur, TX 77842 Office: 409-724-7968• Fare 409.724.1447. www.awceng.com TEXAS REGISTERED ENGINEERING FIRM F-16194 j� TEXAS LICENSED SURVEYING FIRM 10194049 D� STATE OF TEXAS X COUNTY OF JEFFERSON X �,G, za15o�ea KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, SCANNELL PROPERTIES #223, LLC, an Indiana 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, at Grantor's cost and expense, 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 Exhibits "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 underground 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's 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 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, State of Texas (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 1 &* GRANTOR: Scannell Properties #223, LLC an Indiana Limited Liability Company By: "X- Printe ame: ` ames C. Carlin Title: (Manager day of &) n w. � , 2015. ACKNOWLEDGMENT STATE OF INDIANA X COUNTY OF HAMILTON X This instrument was acknowledged before me on this the day day of 2015, by James C. Carlin, Manager of Scannell Properties #223, LLC, an Indiana Limited Liability Company, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said limited liability company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this W�-day of /) 0✓ , 2015. a��' kaai('� Notary Public, State of Indiana RETURN TO: City of Beaumont "` - TPAWA Antoinette Hardy - Engineering WY a" P. O. Box 3 827 0Nsrab M. Cook". Nowt' PlAk Beaumont, TX 77704 C4U* of t40%6icks ARCENEAUX WILSON & COLE LLC Engineering + Surveying • Planning EXHIBIT "A" PAGE 1 of 4 DESCRIPTION OF TRACT OF LAND CONTAINING 0,383 ACRE OF LAND, MORE OR LESS OUT OF THE SAMUEL STIVERS SURVEY, ABSTRACT No. 51 JEFFERSON COUNTY, TEXAS Being a 0,383 acre tract or parcel of land in the Samuel Stivers Survey, Abstract No. 51, Jefferson County, Texas, a portion of that certain tract of land (called "256.555 acres' designated "Tract I" and described in that certain instrument to B & L International, LLC, recorded in CIerk's File No. 2011020108 of the Official Public Records of Jefferson County, Texas, and the said tract herein described being more particularly described by metes and bounds as follows: FOR LOCATIVE PURPOSES COMMENCING at a 1/2" iron pipe found in the south right-of-way line of Texas State Highway No. 124 for the most northerly west corner of said 256,555 acres tract, having a Texas State Plane Coordinate Value of North 13,956,381.24' and East 3,503,811,14'; THENCE North 69 deg. 55 min. 49 sec. East, along and with the said south right-of-way line of Highway No. 124, a total distance of 183.78 feet, to the POINT OF BEGINNING of the herein described tract of land, having a Texas State Plane Coordinate Value of North 13,956,444,31' and East 3,503,983.76'; THENCE continuing North 69 deg. 55 min. 49 sec. East, along and with the said south right-of-way line of Highway No. 1,24, a total distance of 10.00 feet, to an angle point corner of the herein described tract of land; THENCE South 20 deg. 02 min. 05 sec, East, a total distance of 46,21 feet, to an angle point corner of the herein described tract of land; THENCE North 69 deg, 57 min, 55 sec. East, a total distance of 19.20 feet, to an angle point corner of the herein described tract of land; THENCE South 20 deg. 02 min. 05 sec, East, a total distance of 10.00 feet, to an angle point corner of the herein described tract of land; THENCE South 69 deg. 57 min. 55 sec, West, a total distance of 19.20 feet, to an angle point corner of the herein described tract of land; THENCE South 20 deg. 02 min. 05 sec. East, a total distance of 537.34 feet, to an angle point corner of the herein described tract of land; THENCE North 69 deg. 57 min. 55 sec. East, a total distance of 355.61 feet, to an angle point corner of the herein described tract of land; (409) 724-7888 - 2901 Turtle Creek Drive • Suite 320 • Port Arthur, Texas 77642 Registered Engineering Firm F-16194 Registered Survey Firm 10104049 p1e aua-llit;un-111les-'-?.:M:^2.,'.,� l THENCE North 20 deg. 02 min. 05 sec. West, a total distance of 593.56 feet, to an angle point corner of the herein described tract of land; THENCE North 70 deg. 03 min. 56 sec. East, a total distance of 10.00 feet, to an angle point corner of the herein described tract of land; THENCE South 20 deg. 02 min. 05 sec. East, a total distance of 28.17 feet, to an angle point corner of the herein described tract of land; THENCE North 69 deg. 57 min. 55 sec. East, a total distance of 13,23 feet, to an angle point corner of the herein described tract of land; THENCE South 20 deg. 02 min, OS sec. East, a total distance of 10.00 feet, to an angle point corner of the herein described tract of land; THENCE South 69 deg. 57 min. 55 sec, West, a total distance of 13,23 feet, to an angle point corner of the herein described tract of land; THENCE South 20 deg. 02 min, 05 sec. East, a total distance of 555.37 feet, to an angle point corner of the herein described tract of land; THENCE North 69 deg. 57 min. 55 sec. East, a total distance of 12,63 feet, to an angle point corner of the herein described tract of land; THENCE along a curve to the right having a radius of 482.50 feet; a central angle of 01 deg. 11 min. 23 sec., an arc length of 10,02 feet, a chord bearing of South 16 deg, 34 min, 07 sec. East and a chord length of 10.02 feet to an angle point corner of the herein described tract of land; THENCE South 69 deg. 57 min. 55 sec. West, a total distance of 449.48 feet, to an angle point corner of the herein described tract of land; THENCE North 20 deg. 02 min. 05 sec. West, a total distance of 10.00 feet, to an angle point corner of the herein described tract of land; THENCE North 69 deg. 57 min. 55 sec. East, a total distance of 61.85 feet, to an angle point corner of the herein described tract of land; THENCE North 20 deg. 02 min, 05 sec. West, a total distance of 593.61 feet, returning hack to the POINT OF BEGINNING and containing 0,383 acre of land, more or less. EXHIBIT "A" PAGE 2 OF 4 r. cod•,- NOTE: Dimensions indicated hereon are based upon G.P.S. Surveying, tied to the Trimble RTK Network, referenced to the (NAD 1983) Texas State Plane Coordinate System, South Central Zone (4204). Grid scale factor: 0.999937472. See accompanying Plat. Prepared: August 14, 2015 job No. ADB-010 CC S ��*IY OF S U By: 8. James V tt, Texas R tered Professional Land Surveyor No.1781 EXHIBIT "A" PAGE 3 OF 4 S. SSTtfMEff$S OURM(1=Ti 1001 AIB3ffi'Pi�d�1s�T met. 69 1Tx•� eve 1� 6'05'661E 23' TGN S� 65 {80,1t' ea � P.D.c. }9• + ra? Lwmm Br Nby�x6G9SOf ipn 14 rrar/f7t. E'.tratariii G t gyp, PO 16}.18 g67,xgi �1 •x0 P �N"i Ag-i5 , VICINITY MAP rRu� ly3es .1R1P � NORTH PR01?0 NORTH r + m• n` t��� 'rnc� e Rirw° u 11 f sswrzxn ueR'0. rwjA- W/w jot N I�M G,a f ILOq J.•Sr r off. r .xaaav Nsrss os a 194.7J' CURVE TABLE No. Radius Are Chard Chord Bearing Centrol Angle 61 482.50' 10.02' 10.02' S16'34'07"E 01'11'23' C2 4,82.50' 24.18' 24.18' S18'35'57"E 02*52'16' I C3 482.50' 10638' 108.66' .SO9'37'42"E I Z41'30' 1, IAIOSIONS INDICATED HEREON ARE BASED UPON G.Ps, SURVEYING, TIED TO THE TRIMBLE RTK NETWORK, REFERENCED TO THE (NAO 1983) TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE(4204), GRID SCALE FACTOR; 0.999937472. 2. SEE ACCDMPANYING DESCRIPTION. LINE TABLE No, Boarin Distance Lt N 67 55,249.E 10,00' L2 S 2D' 02' 05' E 46.21' L3 N 67 57' 55' E 19.20' L4 S 20' 02' 05" E 10.DO' L5 S 69' 57' 55' W 19.20, U8 S 20 D2' 05" E 537.34' L7 N 69 51 55' E 355.61' IS N 20' 02' 05" W 593.5W L9 N 70' 03' 55' E 10.00, L10 5 20' 02' 05' E 28.17' LINE TABLE No Bearing Distance 111 N 69' 57' 55' E 13.23' L12 S 20' 02' D5" E 10.OD' L1S� S 69' 67' 55' W 13.23' 04 S 20' 02' 05' E 555.37' 5 N 69' 57' SEE CURVE No.1 OF CURVE TABLE L161 S 6T 57' 55- W 449,48' L17I N 20' 02' 05' W 10.DO' L181 N 69' 57' 55- E S I A5' 1.19 N 20' 02' 05' W 593.61' STATE OF49M C �RE COUMY OF NE�FcAAif�X�GTO/iI a ME, THE UNDERSIGNED AUTHORr1Y, ON THIS DAY PERSONALLY APPEARED #223u JAMES C. CARUNO, PARTNER, SCANNELL PROPERTIES #223, LLC., KNOWN TO ME SUITE 175 TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, COUNTY, IN 46240 AND NX14OWLEDGED TO ME THAT THEY EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN SET FORTH ON BEHALF OF SCANNELL PROPERTIES J223, U.C. I, E. JAMES VERRETT, DO HEREBY CERTIFY RESULTS OF AN ACTUAL SURVEY PERFORMED SAME IS TRUE AND CORRECT, TO THE BEST I LWD SURVEYOR NO. GIVEN UNDER MY HAND AND SEAL OF OFFICE, Ir THI OAY OF/ AD, % NDTARY PUBLIC IN AND FOR THE STATE OF TEXAS MY31 L (DATE) Haml0on County My Commission Explios November 23, 2D16 REFLECTS THE AND THAT THE AND BEUEF. "14;Brr W PAGE 4 OF 4 DATE: 08-14-2015 JOB No. ADB-010 ArCa.eau; W114on 6 ale—gineering AWCP�2201 75.14-, Turtle Creek Drive Duke 320 • PM Arthur, TX 77642 OM= 408.724.7888• Fmc 409.724.1447• wxN.evx:ag.com TEXAS REGISTERED ENGINEERING FIRM F-18194 TEXAS LICENSED SURVEYING FIRM i019404lT CONSENT OF BENEFICIARY The undersigned, PNC Bank, National Association, a national banking association, being the holder of an existing deed of trust and other security on real estate currently owned by Scannell Properties #223, LLC, hereby consents to the recording of the above Easement, and further agrees that its deed of trust and other security with respect to the real estate shall be subordinate and subject to the provisions of the Easement; provided, however, except and to the extent that the deed of trust and other security are subordinated by this Consent, such deed of trust and other security shall remain in full force and effect. �4- EXECUTED this day of November, 2015. STATE OF INDIANA SS: COUNTY OF %iifJ,E�o�u PNC BANK, NATIONAL ASSOCIATION, a national banking association Signature: \,Jao � Printed: Jowa y1 c '&f Title: 521'L i 0✓y I L-e T V"QS 4Vl-t Before me, a Notary Public in and for said County and State, personally appeared bra h tr:7,8e-e,,5�w the �5!,j ror' fie', de twdi- of PNC Bank, National Association, a national banking association, and who acknowledged the execution of the foregoing "Consent of Beneficiary" for and on behalf of said bank. WITNESS my hand and Notarial Seal this dJ today of November, 2015. tY. DIANA S. PRIEST Hendricks County My Commission Expires '• j? February 13, 2016 Signature Notarial Seal] Printed Name Notary Public I am a resident ofiu rud-dCounty, Indiana. My commission expires: Dd20l�