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Home My WebLink AboutRES 15-242RESOLUTION NO. 15-242 WHEREAS, Potomac Beaumont LZB, LP has agreed to convey two (2) ten foot (10') wide exclusive water line easements, said easements being a 0.0023 acre tract out of a 1.9464 acre of land situated in the Hezekiah Williams League, Abstract No. 56 and being a 0.0339 acre tract out of a 1.9464 acre of land situated in the Hezekiah Williams League, Abstract No. 56, as described in Exhibit "1" and shown on Exhibits "2" and "3," attached hereto, to the City of Beaumont for the purpose of constructing a new furniture store located at 3775 Dowlen Road; and, WHEREAS, the City Council has considered the purpose of said conveyances and is of the opinion that the acceptance of said conveyances are 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 two (2)' ten foot (10') exclusive water line easements conveyed by Potomac Beaumont LZB, LP, being a 0.0023 acre tract out of a 1.9464 acre of land situated in the Hezekiah Williams League, Abstract No. 56 and being a 0.0339 acre tract out of a 1.9464 acre of land situated in the Hezekiah Williams League, Abstract No. 56, as described in Exhibit "1" and shown on Exhibits "2" and "3," attached hereto, be and the same are hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of November, 2015. STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, POTOMAC BEAUMONT LZB, L.P., 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, an exclusive easement for the purpose of a water line and the exclusive right to construct, alter, and maintain said waterlines and 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 (the "Easement Property"), and being more particularly described in Exhibits "A, B, C & D", attached and made a part hereof for all purposes. Grantor reserves to Grantor and Grantor's successors and assigns the right to use and enjoy the surface of the land included within the boundaries of the Easement Property in any manner which does not unreasonably interfere with the use by Grantee under the terms of this easement. Grantor specifically reserves the right: (i) to extend roads and driveways across and along the Easement Property, and (ii) to construct or locate upon or across the Easement Property, sidewalks, parking facilities and pavement; provided that, in all such cases, Grantee shall not be unreasonably Water Line Easement c:\users\antoin—1 \appdata\local\temp\notes90r,43b\waterlineeasement2. doe EXHIBIT 1" Page 1 disturbed in the use and enjoyment of the rights granted to Grantee. The easement herein granted shall be used solely for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that Grantee shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid as may be reasonably necessary, and giving said Grantee the right and privilege to improve, maintain and operate the same as permitted by law. Grantor agrees not to place any structures or appurtenances within the Easement Property. Grantor hereby expressly does not grant any easement over and across any portion of the Easement Property or the remainder property of Grantor for the purpose of vehicular parking, other than temporary vehicular parking in connection with Grantee's exercise of its rights under this instrument. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. - TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. This conveyance is made subject to, all and singular, the restrictions, mineral reservations, royalties, conditions, easements, leases, liens, encumbrances and covenants, if any, applicable to and enforceable against the Easement Property as reflected by' the records of the. County Clerk in the Official Public Records of Jefferson County, Texas. This instrument contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this instrument shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by all parties. This instrument shall bind and inure to the benefit of the respective parties, their C:\Users\ANTOIN—l\AppData\Local\Temp\notes90C43B\WaterLineEasement2. doc personal representatives, successors and assigns. This instrument may be executed in multiple counterparts, all of which together shall be deemed one and the same instrument. EXECUTED this day of , 2015. GRANTOR: POTOMAC BEAUMONT LZB, L.P., a Texas limited partnership By: Potomac Management, LLC, a Texas limited partnership, its general partner IM Lewis E. Brown, Jr., Manager GRANTEE: CITY OF BEAUMONT By: _ Name: Title: Water Line Easement Page 3 c:\users\antoin—l\appdata\local\temp\notes90o43 b\waterlineeasement2. doc ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on this day of , 2015, by Lewis E. Brown, Jr., Manager of Potomac Management, LLC, a Texas limited liability company, general partner of Potomac Beaumont LZB, L.P., a Texas limited partnership, on behalf of said limited partnership. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this day of , 2015, by of the City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, on behalf of said municipal corporation. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 CAUsers\ANT0IN-1 \AppData\Local\Temp\notes90C43B\WaterLineEasement2. doe EXHIBIT "A" 10'x10' Exclusive Water Line Easement Legal Description: 0.0023 Acre Exclusive Water Line Easement Hezekiah Williams League, Abstract No, 56 Jefferson County, Texas BEING a 0.0023 acre exclusive water line easement situated in the Hezekiah Williams League, Abstract No. 56, Jefferson County, Texas and being out of and part of that certain called 1.9464 acre tract of land as described in a "Special Warranty Deed" from Hillebrandt Development to Potomac Beaumont LZB, L.P. as recorded in Clerk's File No. 2015020499, Official Public Records of Real Property, Jefferson County, Texas, said 0.0023 acre exclusive water line easement being more particularly described as follows: NOTE: All bearings are referenced to the East line of that certain called 1.7625 acre tract of land as recorded in Clerk's File No. 2002026197, Official Public Records of Real Property, Jefferson County, Texas as SOUTH 00'39'17" EAST. COMMENCING at a 5/8" iron rod with a cap stamped "Mark W. Whiteley & Associates" found for the Northeast corner of the said 1.9464 acre Potomac Beaumont LZB, L.P. tract, said corner also being the Southeast corner of that certain called 1.7625 acre tract of land as described in a "Special Warranty Deed" from Suncor of Texas NGF II, L.P. to Driscoll -Texas, L.P. as recorded in Clerk's File No. 2002026197, Official Public Records of Real Property, Jefferson County, Texas, and said corner also being in the West right-of-way line of Dowlen Road, (based on a width of 100'); THENCE SOUTH 00039'15" EAST, along and with the West right-of-way line of Dowlen Road, for a distance of 26.32 feet to a point for corner and the POINT OF BEGINNING of the easement herein described; THENCE SOUTH 00°39'15" EAST, continuing along and with the West right-of-way line of Dowlen Road, for a distance of 10.00 feet to a point for corner; THENCE SOUTH 89020'45" WEST, over and across the said 1.9464 acre Potomac Beaumont LZB, L.P. tract, for a distance of 10.00 feet to a point for corner; THENCE NORTH 00039'15" WEST, continuing over and across the said 1.9464 acre Potomac Beaumont LZB, L.P. tract, for a distance of 10.00 feet to a point for corner; THENCE NORTH 89020'45" EAST, continuing over and across the said 1.9464 acre Potomac Beaumont LZB, L.P. tract, for a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0023 Acres, more or less. Easement prepared based on a survey performed by Mark W. Whiteley and Associates dated March 2, 2015. This legal description ;i ` , ubmitted along with a plat based on this survey (see EXHIBIT ,1 .:O.F. ..::: Thomas S. T S. RQ1iY 1Y:12015115-399'.15-3991Vater Line F_ s.Meab_TAA doe �77`�8 yl J EXHIBIT "A" Pgke: 1•of 1: FXI--IIRIT "7" 'Fc )"vr in Im ALL BEARINGS ARE REFERENCED TO THE EAST LINE OF THAT CERTAIN CALLED 1.7625 ACRE TRACT OF LAND AS RECORDED IN CLERK'S FILE NO. 2002026197, OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, JEFFERSON COUNTY, TEXAS AS SOUTH 00*39'17" EAST. CALLED 1.7625 ACRES DRlSC0LL-TEXAS, L.P. CF. NO. 2002026197 OPkJC 1. ROD FND . W/ CAP STAMPED � ' , pROPOSED1gxl[y 0.0023 ACRE EXCLUSIVE WATER LINE EASEMENT 1� LINE BEARING DISTANCE! � REFER TO EXHIBIT "A" FOR LEGAL DESCRIPT70N L3 S89*20'45'W 10,00' 0.0023 ACRE AM -2015 L5 N59'20'45"E 10.00. CALLED 1.9464 ACRES POTOMAC BEAUWONT LZ8 L.P. CF. NO. 2015020499 OPRJC ' �DI�� | / 1. THE WORD CERTIFY IS UNDERSTOOD To BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE � SURVEYOR, WHICH Is BASED 01 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. | 2. EASEMENT PREPARED BASED ON A SURVEY PERFORMED BY MARK W. nHITELEY AND ASSOCIATES ` DATED MARCH z, 2015. ' ! TO THE OWNERS OF THE pREuzsEs SURVEYED ! AS OF THE DATE OF THE SURVEY: � ,1, THOMAS S. ROWE DO HEREBYCERTIFY 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. -dqm�.. THOMA9 37. nm � REFER TO EXHIBIT "A" FOR LEGAL DESCRIPT70N SAW 0.0023 ACRE AM -2015 D. . TM W;\Z0Mlv-30b\ jM- EXCLUSIVE WATER LINE EASEMENT MARK W. V=Lf Alm ASSOCL&TES HEZEKIAH WILLIAMS INCORPORATED LEAGUE MMMOM, 9M RAW= ABSTRACT NO. 56 i JEFFERSON COUNTY EXHIBIT "C" Exclusive Water Line Easement Legal Description: 0,0339 Acre Exclusive Water Line Basement Hezekiah Williams League, Abstract No. 56 Jefferson County, Texas BEING a 0,0339 acre exclusive water line easement situated in the Hezekiah Williams League, Abstract No. 56, Jefferson County, Texas and being out of and pall of that certain called 1.9464 acre tract of land as described in a "Special Warranty Deed" froze Hillebrandt Development to Potomac Beaumont LZB, L.P. as recorded in Clerk's File No. 2015020499, Official Public Records of Real Property, Jefferson County, Texas, said 0.0339 acre exclusive water line easement being more particularly described as follows: NOTE: All bearings are referenced to the East line of that certain called 1. 7625 acre tract of land as recorded in Clerks File No. 2002026197, Official Public Records of Real Propertj� Jefferson County, Texas as SOUTH 00'39'17" EAST. COMMENCING at a 5/8" iron rod with a cap stamped "Mark W. Whiteley & Associates" found for the Southeast comer of the said 1.9464 acre Potomac Beaumont LZB, L.P. tract, said comer also being in the West right-of-way line of Dowlen Road, (based on a width of 100'); THENCE NORTH 00039'15" WEST, along and with the West right-of-way line of Dowlen Road, for a distance of 74.14 feet to a point for comer and the POINT OF BEGINNING of the easement herein described; THENCE SOUTH 89020'45" WEST, over and across the said 1.9464 acre Potomac Beaumont LZB, L.P. tract, for a distance of 147.70 feet to a point for comer; THENCE NORTH 00039'15" WEST, continuing over and across the said 1.9464 acre Potomac Beaumont LZB, L.P. tract, for a distance of 10.00 feet to a point for comer; THENCE NORTH 89020'45" EAST, continuing over and across the said 1,9464 acre Potomac Beaumont LZB, L.P. tract, for a distance of 147.70 feet to a point for comer, said point being in the West right-of-way line of Dowlen Road; THENCE SOUTH 00039'15" EAST, along and with the West right-of-way line of Dowlen Road, for a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0339 Acres, more or less. Easement prepared based on a survey performed by Mark W. Whiteley and Associates dated March 2, 2015. This legal des i fion is being submitted along with a plat based on this survey (see EXHIBIT crip Thomas S. XV: 2015 15-399 15-39, EXHIBIT "C" Y,1 NDISSOCIA TFS. LVC F*7199mm NOTE: ALL BEARINGS :ARE REFERENCED TO THE EAST LINE OF THAT CMTA-lk.CALLE.D 1. 76525 ACRE TRACT OF LAND AS RECORDED I:N;±CLERK"S Pitt NO. 2002026197, OFFICIAL PUBLIC `t60RO•S:d3F -kAL PROPERTY, JEFFERSON COUNTY, TEXAS AS SOUTH 00'•39'17" EAST. N890204511E 447.70' PROPOSED 4.0339 ACRE EXCLUSIVE WATER LINE EASEMENT S89020'4;;; 147.70' FND I. ROD W/CAP STAMPED, "SESCO" TRACT 2-A CALLED 2.49 ACRES JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 FC NO. 104-01-0353 OPRJC CALLED 1.9464 ACRES POTOMAC BEAUMONT LZB, L.P. CF. NO. 2015020499 OPRJC IE WttRD: CERTIFY IS,.UNOERSfObb _td, BE: AN •EXPRESS: 00.0 PROFESSIONAL JUDGMENT BY THE EYOR;: Wli•tc ,IS :BASED bN;HIS BE -ST KNOWLEDGE, INEdRMATION AND BELIEF, FORMED IN THE SE`dF'HIS. ERFORMING THE SURVEY'; IN COMi'LIANCE.WITH THE STANDARDS OF PRACTICE IRED At�D PROMULGATED BY THE TEXAS BOARD'iOE PROFESSTU.IAL LAND SURVEYORS AND THE S:SOCIET.Y OF Pi0,FtS.SiONALSURVEYORS. K$-S.UCH,4-T, -T C.O�#STITUTES NEITHER A GUARANTEE A 'WARAA4TY:., `,E.X0RESSR6,-_17R, IMPLIED.. ASEMENT PREPARED.:BiiSED'ON A SURVEY PERFORMED BY MARK W. WHITELEY AND ASSOCIATES IATEDMARCH •'2, 201.5. TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I, THOMAS S, ROWE DO 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. _fflo ;: FND 5/B" I. ROD Wt CAP STAMPED M.W. WHITELEY'". LA -Z -BOY PQRNIV0 GALLERY MARK w. HIiMLEY AND ASSOCIATES INCORPORATED COMM E3nEW -4 R9, M PIAM M lln=4 ]EXHIBIT " D " REFER TO EXHtSIT "C" FOR LEGAL DESCRIPTION 0.0339 ACRE EXCLUSIVE WATER LINE EASEMENT HEZEKIAH WILLIAMS LEAGUE ABSTRACT NO. 56 JEFFERSON COUNTY TEXAS LINE BEARING _ D1SrANCE L1 NOO*3s 15"4V _ _10.00' L2 S00'39'15"E 10.00' CALLED 1.9464 ACRES POTOMAC BEAUMONT LZB, L.P. CF. NO. 2015020499 OPRJC IE WttRD: CERTIFY IS,.UNOERSfObb _td, BE: AN •EXPRESS: 00.0 PROFESSIONAL JUDGMENT BY THE EYOR;: Wli•tc ,IS :BASED bN;HIS BE -ST KNOWLEDGE, INEdRMATION AND BELIEF, FORMED IN THE SE`dF'HIS. ERFORMING THE SURVEY'; IN COMi'LIANCE.WITH THE STANDARDS OF PRACTICE IRED At�D PROMULGATED BY THE TEXAS BOARD'iOE PROFESSTU.IAL LAND SURVEYORS AND THE S:SOCIET.Y OF Pi0,FtS.SiONALSURVEYORS. K$-S.UCH,4-T, -T C.O�#STITUTES NEITHER A GUARANTEE A 'WARAA4TY:., `,E.X0RESSR6,-_17R, IMPLIED.. ASEMENT PREPARED.:BiiSED'ON A SURVEY PERFORMED BY MARK W. WHITELEY AND ASSOCIATES IATEDMARCH •'2, 201.5. TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I, THOMAS S, ROWE DO 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. _fflo ;: FND 5/B" I. ROD Wt CAP STAMPED M.W. WHITELEY'". LA -Z -BOY PQRNIV0 GALLERY MARK w. HIiMLEY AND ASSOCIATES INCORPORATED COMM E3nEW -4 R9, M PIAM M lln=4 ]EXHIBIT " D " REFER TO EXHtSIT "C" FOR LEGAL DESCRIPTION 0.0339 ACRE EXCLUSIVE WATER LINE EASEMENT HEZEKIAH WILLIAMS LEAGUE ABSTRACT NO. 56 JEFFERSON COUNTY TEXAS �I�YMm�Nm�� E,r" id'SC1339'. 01 tltl STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X 41 WATER LINE EASEMENT THAT, POTOMAC BEAUMONT LZB, L.P., a Texas limited partnership, 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, an exclusive easement for the purpose of a water line and the exclusive right to construct, alter, and maintain said waterlines and 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 (the "Easement Property"), and being more particularly described in Exhibits "A, B, C & D", attached and made a part hereof for all purposes. Grantor reserves to Grantor and Grantor's successors and assigns the right to use and enjoy the surface of the land included within the boundaries of the Easement Property in any manner which does not unreasonably interfere with the use by Grantee under the terms of this easement. Grantor specifically reserves the right: (i) to extend roads and driveways across and along the Easement Property, and (ii) to construct or locate upon or across the Easement Property, sidewalks, parking facilities and pavement; provided that, in all such cases, Grantee shall not be unreasonably Water Line Easement Page 1 c:\users\antoinetteh\documents\wpdocs\easements\h2o\lay z boy fumiture - potomac bmt lzb 1p\waterlineeasementldoc I disturbed in the use and enjoyment of the rights granted to Grantee. The easement herein granted shall be used solely for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that Grantee shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid as may be reasonably necessary, and giving said Grantee the right and privilege to improve, maintain and operate the same as permitted by law. Grantor agrees not to place any structures or appurtenances within the Easement Property. Grantor hereby expressly does not grant any easement over and across any portion of the Easement Property or the remainder property of Grantor for the purpose of vehicular parking, other than temporary vehicular parking in connection with Grantee's exercise of its rights under this instrument. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. This conveyance is made subject to, all and singular, the restrictions, mineral reservations, royalties, conditions, easements, leases, liens, encumbrances and covenants, if any, applicable to and enforceable against the Easement Property as reflected by the records of the County Clerk in the Official Public Records of Jefferson County, Texas. This instrument contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this instrument shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by all parties. This instrument shall bind and inure to the benefit of the respective parties, their C:\Users\antoinetteh\Documents\WPDOCS\easements\H20\LAY Z BOY FURNITURE - Potomac Bmt LZB LI'MaterLineEasement1doc personal representatives, successors and assigns. This instrument may be executed in multiple counterparts, all of which together shall be deemed one and the same instrument. EXECUTED this �/ day of DC--dDa, 2015. GRANTOR: POTOMAC BEAUMONT LZB, L.P., a Texas limited partnership U61M Potomac Management, LLC, a Texas limited partnership, its general partner GRANTEE: CITY OF BEAUMONT By: I v Name: Title: Water Line Easement Page 3 c:\users\antoinetteh\documents\wpdocs\easements\h2o\lay z boy furniture - potomac bmt 1zb 1p4aterlineeasement2.doc ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on this � day of 61! Cba— 2015, by Lewis E. Brown, Jr., Manager of Potomac Management, LLC, a Texas limited liability company, general partner of Potomac Beaumont LZB, L.P., a Texas limited partnership, on behalf of said limited partnership. STATE OF TEXAS COUNTY OF JEFFERSON 2tirn�- ►Q `j1 awQ-'P-P Notary Public, State of Texas TRINA DAWN NORVELL My Commission Expires November 17, P018 This instrument was acknowledged before me on this day of Qtcr , 2015, bye, t l , r-,; V �Ql�O� r of the City of Beaumont, a municipal co ration d miciled in Jeffe son County, exas, on behalf of said municipal ANGELA:MARIE THOMAS My Commission Expires DeceMber 7, 2016 RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 Notalf Public, State of Texas C:\Users\antoinetteh\Documents\WPDOCS\easements\H20\LAY Z BOY FURNITURE - Potomac Bmt LZB LP\WaterLineEasement2.doc EXHIBIT "A" 10'x10' Exclusive Water Line Easement Legal Description: 0.0023 Acre Exclusive Water Line Easement Hezekiah Williams League, Abstract No. 56 Jefferson County, Texas BEING a 0.0023 acre exclusive water line easement situated in the Hezekiah Williams League, Abstract No. 56, Jefferson County, Texas and being out of and part of that certain called 1.9464 acre tract of land as described in a "Special Warranty Deed" from Hillebrandt Development to Potomac Beaumont LZB, L.P. as recorded in Clerk's File No. 2015020499, Official Public Records of Real Property, Jefferson County, Texas, said 0.0023 acre exclusive water line easement being more particularly described as follows: NOTE: All bearings are referenced to the East line of that certain called 1.7625 acre tract of land as recorded in Clerk's File No. 2002026197, Official Public Records of Real Property, Jefferson County, Texas as SOUTH 00'39'17" EAST. COMMENCING at a 5/8" iron rod with a cap stamped "Mark W. Whiteley & Associates" found for the Northeast corner of the said 1.9464 acre Potomac Beaumont LZB, L.P. tract, said corner also being the Southeast corner of that certain called 1.7625 acre tract of land as described in a "Special Warranty Deed" from Suncor of Texas NGP I1, L.P. to Driscoll -Texas, L.P. as recorded in Clerk's File No. 2002026197, Official Public Records of Real Property, Jefferson County, Texas, and said corner also being in the West right-of-way line of Dowlen Road, (based on a width of 100'); THENCE SOUTH 00039'15" EAST, along and with the West right-of-way line of Dowlen Road, for a distance of 26.32 feet to a point for corner and the POINT OF BEGINNING of the easement herein described; THENCE SOUTH 00039'15" EAST, continuing along and with the West right-of-way line of Dowlen Road, for a distance of 10.00 feet to a point for comer; THENCE SOUTH 89020'45" WEST, over and across the said 1.9464 acre Potomac Beaumont LZB, L.P. tract, for a distance of 10.00 feet to a point for corner; THENCE NORTH 00039'15" WEST, continuing over and across the said 1.9464 acre Potomac Beaumont LZB, L.P. tract, for a distance of 10.00 feet to a point for corner; THENCE NORTH 89020'45" EAST, continuing over and across the said 1.9464 acre Potomac Beaumont LZB, L.P. tract, for a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0023 Acres, more or less. Easement prepared based on a survey performed by Mark W. Whiteley and Associates dated March 2, 2015. This legal descriptionj;jbmitted along with a plat based on this survey (see EXHIBIT ttBtt) Thomas S. Rowe, RPL; NY:120I5A5-399415-399 Water Line Easement S. ROWE ,Fes s ;o?�'•• EXHIBIT "A" �'_• _.'.�.10Q Pam.. 1 of 1 1IHLTELE)'.AAD.9SSOC7A7-ES, A-C. NOTE: ALL BEARINGS ARE REFERENCED TO THE EAST LINE OF THAT CERTAIN CALLED 1.7625 ACRE TRACT OF LAND AS RECORDED IN CLERK'S FILE NO. 2002026197, OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, JEFFERSON COUNTY, TEXAS AS SOUTH 00.39'17" EAST. LINE BEARING DISTANCE L 1 SOO'39' 15' E 26.32' L2 S00'39' 15 "E 10.00' L3 S89'20'45"W 10.00' L4 N00'39' 15 "W 10.00' L5 N89'20'45 E 10.00' CALLED 1.7625 ACRES DRISCOLL-TEXAS, L.P. CF. NO. 2002026197 OPRJC FND 5/8" I. ROD W/ CAP STAMPED "M. W. WHITELEY" PROPOSED 10'x10' 0.0023 ACRE EXCLUSIVE WATER LINE EASEMENT CALLED 1.9464 ACRES POTOMAC BEAUMONT LZB, L.P. CF. NO. 2015020499 OPRJC NOTE: 1. 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. 2. EASEMENT PREPARED BASED ON A SURVEY PERFORMED BY MARK W. WHITELEY AND ASSOCIATES DATED MARCH 2, 2015. TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I, THOMAS S. ROWE DO 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. OQIa�' egss �TTHOMAS S. ROWE ... �.�.....................: J 5728 )vrG1J/ �..0 off?;: )MAS S. ROWE - REGISTERED PROFESSI IJ ' Jd LA—Z—BOY FURNITURE GALLERY N-3" MbMfww Eow td"q NARK W. WHITELEY AND ASSOCIATES INCORPORATED COMUTING ERGMEM, MMMORS um puMrIcs Arm F-am o. mm saa KWmmT. TC rpm —MN ,a-.. as J POB L5 L3 CV J EXHIBIT "B" REFER TO EXHIBIT A" FOR LEGAL DESCRIPTION 1 O'xl 0' 0.0023 ACRE EXCLUSIVE WATER LINE EASEMENT HEZEKIAH WILLIAMS LEAGUE ABSTRACT NO. 56 JEFFERSON COUNTY TEXAS EXHIBIT "C" Exclusive Water Line Easement Legal Description: 0.0339 Acre Exclusive Water Line Easement Hezekiah Williams League, Abstract No. 56 Jefferson County, Texas BEING a 0.0339 acre exclusive water line easement situated in the Hezekiah Williams League, Abstract No. 56, Jefferson County, Texas and being out of and part of that certain called 1.9464 acre tract of land as described in a "Special Warranty Deed" from Hillebrandt Development to Potomac Beaumont LZB, L.P. as recorded in Clerk's File No. 2015020499, Official Public Records of Real Property, Jefferson County, Texas, said 0.0339 acre exclusive water line easement being more particularly described as follows: NOTE: All bearings are referenced to the East line of that certain called 1.7625 acre tract of land as recorded in Clerk's File No. 2002026197, Official Public Records of -Real Property, Jefferson County, Texas as SOUTH 00'39'17" EAST. COMMENCING at a 5/8" iron rod with a cap stamped "Mark W. Whiteley & Associates" found for the Southeast corner of the said 1.9464 acre Potomac Beaumont LZB, L.P. tract, said corner also being in the West right-of-way line of Dowlen Road, (based on a width of 100'); THENCE NORTH 0003 9'15" WEST, along and with the West right-of-way line of Dowlen Road, for a distance of 74.14 feet to a point for corner and the POINT OF BEGINNING of the easement herein described; THENCE SOUTH 89020'45" WEST, over and across the said 1.9464 acre Potomac Beaumont LZB, L.P. tract, for a distance of 147.70 feet to a point for comer; THENCE NORTH 00039'15" WEST, continuing over and across the said 1.9464 acre Potomac Beaumont LZB, L.P. tract, for a distance of 10.00 feet to a point for corner; THENCE NORTH 89020'45" EAST, continuing over and across the said 1.9464 acre Potomac Beaumont LZB, L.P. tract, for a distance of 147.70 feet to a point for corner, said point being in the West right-of-way line of Dowlen Road; THENCE SOUTH 00039'15" EAST, along and with the West right-of-way line of Dowlen Road, for a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0339 Acres, more or less. Easement prepared based on a survey performed by Mark W. Whiteley and Associates dated March 2, 2015. This legal description is being submitted along with a plat based on this survey (see EXHIBIT ttDtt). T •�THOE S.�ROWE ...ti»... »5728 Thomas S. "�tO313�9m&b�.docto �.. W:�OIS15-399J5-39-9 �.?,• � •.,,f S 5 �,. Q, qN� SUR�E�� EXHIBIT "C" MARK 11: 1rHrrECE)•.-1,vn: lssocc 1res. LVC. NOTE: ALL BEARINGS ARE REFERENCED TO THE EAST LINE OF THAT CERTAIN CALLED 1.7625 ACRE TRACT OF LAND AS RECORDED IN CLERK'S FILE NO. 2002026197, OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, JEFFERSON COUNTY, TEXAS AS SOUTH 00.39' 17" EAST. N89"20'45"E 147.70' PROPOSED 0.0339 ACRE o N EXCLUSIVE WATER LINE EASEMENT o -' FND I. ROD S89020'45"W 147.70' W/CAP STAMPED � 01J �z "SESCO" TRACT 2-A CALLED 2.49 ACRES JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 FC NO. 104-01-0353 OPRJC LINE BEARING DISTANCE L1 N00'39'15V 10.00' L2 S00'39' 15 "E 10.00' CALLED 1.9464 ACRES POTOMAC BEAUMONT LZB, L.P. CF. NO. 2015020499 OPRJC fCq4 F � D V6.NI S, 99$o?s I'K S 159, 9? ly•� NOTE: i. 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. 2. EASEMENT PREPARED BASED ON A SURVEY PERFORMED BY MARK W. WHITELEY AND ASSOCIATES DATED MARCH 2, 2015. TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I, THOMAS S. ROWE DO 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. EOFTF� CZQ�G THOMAS S. ROWE 8728 . THOMAS S. RO E - REGISTERED --1 YOR No. 5728 Q v FND 5/8" I. ROD W/ CAP STAMPED "M. W. WHITELEY" LA—Z—BOY FURNITURE GALLERY DR BY. SW I SCALE: sNEEr Nos 14-286 1 +4-399 wotwgw Ee..^ t.ftI I MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSUL1RiG ENGumns, SO =ORS, AND PLANNERS P. 0. an � �m Sao RAIM ► w. Q 0 Zo J�0 v 0 0 EXHIBIT "D" REFER TO EXHIBIT "C" FOR LEGAL DESCRIPTION 0.0339 ACRE EXCLUSIVE WATER LINE EASEMENT HEZEKIAH WILLIAMS LEAGUE ABSTRACT NO. 56 JEFFERSON COUNTY TEXAS