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Home My WebLink AboutRES 15-269RESOLUTION NO. 15-269 WHEREAS, Kinsel Auto Group has agreed to convey a ten foot (10') wide exclusive water line easement, said easement being a 0.3079 acre tract out of the Frederick Bigner Survey, Abstract No. 1, as described in Exhibit 1" and shown on Exhibit "2," attached hereto, to the City of Beaumont for the purpose of constructing a new auto dealership located at 4235 Eastex Freeway; 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 a ten foot (10') wide exclusive water line easement conveyed by Kinsel Auto Group, being a 0.3079 acre tract out of the Frederick Bigner Survey, Abstract No. 1, as described in Exhibit "1" and shown on Exhibit "2," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. d1:41 � *�' ,. STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, KINSEL AUTO GROUP, of the County of Jefferson, State of Texas 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 Water Line Easement and the 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, and being more particularly described in Exhibit "A", attached and made a part hereof for all purposes. The easement herein granted shall be used 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 collectively, the "Easement Rights". It is expressly understood and agreed that the City of Beaumont 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, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. EXHIBIT 1" GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. 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. EXECUTED this day of , 2015. GRANTOR: KINSEL AUTO GROUP 1.2 Printed Name: Craig Kinsel Title: ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared CRAIG KINSEL as of KINSEL AUTO GROUP, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. 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 W" / RTECH"Recognizing the landmarks of the past.. setting our foresight towards the future with Advanced Geospatial Technology" LAND SURVEYORS, INC. EXHIBIT "A" Page 1 of 3 June 4, 2015 Texas Board of Professional Land Surveying Firm Registration No. 10105600 Surveyor's Field Note Description: 0.3079 Acre Exclusive City Water Line Easement BEING a 0.3079 acre tract of land out of and a part of that certain Kinsel Auto Group called 4.14 acre tract of land, more fully described as Tract I and that certain called 1.9 acre tract of land, more fully described as Tract III recorded in Clerks File No. 2006037699 and that certain Kinsel Auto Group called 1.2927 acre tract of land, more fully described and recorded in Clerks File No. 2015008431 of the Official Public Records of Jefferson County, Texas. Said 0.3079 acre tract of land being situated in the Frederick Bigner Survey, Abstract No. 1, Jefferson County, Texas and being more particularly described as follows: BEGINNING at a 3/4 inch iron rod found at the North corner of said 1.2927 acre tract, same being the Northeast corner of that certain National Retail Properties, L.P. called 11.473 acre tract of land, more fully described and recorded in Correction Deed filed in Clerks File No. 2012029083 of said Official Public Records and being in the Southwest line of US Highway 69, 96 & 287 (Eastex Freeway) variable width right-of-way THENCE South 43 deg. 49 min. 22 sec. East along and with the Northeast line of said 1.2927 acre tract, same being the Southwest line of US Highway 69, 96 & 287 (Eastex Freeway), a distance of 11.85 feet to a point for corner; THENCE in a Southwesterly and Easterly direction along and with the East and North line of this proposed waterline easement the following bearings and distances: South 13 deg. 41 min. 32 sec. West, a distance of 366.05 feet to a point for corner; South 76 deg. 18 min. 28 sec. East, a distance of 33.91 feet to a point for corner; South 14 deg. 34 min. 52 sec. West, a distance of 204.24 feet to a point for corner; South 41 deg. 42 min. 15 sec. East, a distance of 236.75 feet to a point for corner; North 84 deg. 19 min. 44 sec. East, a distance of 139.79 feet to a point for corner; North 45 deg. 52 min. 24 sec. East, a distance of 344.02 feet to a point for corner in the Northeast line of said 1.9 acre tract, same being the Southwest line of US Highway 69, 96 & 287 (Eastex Freeway); THENCE South 38 deg. 09 min. 40 sec. East along and with the Northeast line of said 1.9 acre tract, same being the Southwest line of US Highway 69, 96 & 287 (Eastex Freeway), a distance of 10.05 feet to a point for corner; THENCE in a Southwesterly and Northerly direction along and with the South and West line of this proposed waterline easement the following bearings and distances: South 45 deg. 52 min. 24 sec. West, a distance of 346.47 feet to a point for corner; South 84 deg. 19 min. 44 sec. West, a distance of 148.37 feet to a point for corner; North 41 deg. 42 min. 15 sec. West, a distance of 247.19 feet to a point for corner in the West line of said 1.9 acre tract, same being an East line of said 11.473 acre tract; North 14 deg. 34 min. 52 sec. East along and with the West line of said 1.9 acre tract, same being an East line of said 11.473 acre tract, a distance of 199.43 feet to a concrete monument found at the Northwest corner of said 1.9 acre tract, same being Corporate Office: 1480 Cornerstone Court Beaumont, Texas 77706 Tel: 409.866.9769 Fax: 409.866.7075 www.wortech.com Kinsel Auto Group WT5;PRTE C H COB Waterline Easement June 4, 2015 LAND SURVEYORS, INC. Page 2 EXHIBIT "A' Page 2 of 3 0.3079 Acre Exclusive City Water Line Easement a Northeast corner of said 11.473 acre tract and being in the South line of said 1.2927 acre tract; North 76 deg. 18 min. 28 sec. West, a distance of 33.75 feet to a point for corner in the West line of said 1.2927 acre tract, same being an East line of said 11.473 acre tract; North 13 deg. 41 min. 32 sec. East along and with the West line of said 1.2927 acre tract, same being an East line of said 11.473 acre tract, a distance of 382.41 feet to the PLACE OF BEGINNING, containing 0.3079 acre of land, more or less. (This description is based upon a survey made on the ground under my direct supervision on May 13, 2015 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the Texas Coordinate System of 1983 (CORS)(2011), South Central Zone '4204' (US Survey foot). All distances and acreages are surface with a combined adjustment factor of 1.00007 applied.) mal gistered Profession 1 Land Surveyor 2015-040 SPI Kinsel Desc COB Waterline Esmt.docx COB Esmt Line Z EXHIBIT "A" �oti� Distance ODDM S43°4922"E Page 3 of 3 �Rd L2 0.3079 Acre Exclusive P 33.91' City Water Line Easement L i POB COLLIER = Fnd 3/4" N76°18'28"W I. Rod f1 T Site National Retail Properties, L.P. Q� 69 Called 11.473 Acres Q more fully described in FOLS13M 96 Correction Deed recorded in ARTHUR 287 Clerks File No. 2012029083 COOLIDG O.P.R.J.C. VIClnity Map TAFT Not to Scale ,= o Note: M ? All bearings are based upon the Texas ?I N Kinsel Auto Coordinate System of 1983 (CORS), South Group Central Zone'4204'. Survey Foot). All c„Nt (US o, in Called 12927 Acres distances and acreages are surface with a Clerks File No. 2015008431 combined adjustment factor of 1.00007 Z O.P.R.J.C. c�� applied. THD-DPS Credit Union Called 0.50 Acre d7• /F S �� 0mfg? Volume 1366, Page 202 6"Q D.R.J.C. pe+ CS ioma96'� Fird OT �b�iy/r,�, Fnd 112' Z2 Monument I. Rod Cq Fnd T' ya`i I. Pipe Conn. 7 �e7 Fnd Monument s� p ry 0C r a � cKp'igtNo•'� el oa _ o `* a Kinsel Auto Group Z ti Called 8.366 Acres Tract III - Called 1.9 Acres 13411.889 Sq. Feet Clerks File No. 2006037699 0.3079 Acre O.P.R.J.C. oti ryaw ,�pb0. 5ti °v a l° s, Fnd TKDOT Fnd TXDOT Monument Monument Halle Properties LLC r9 Called 0.9183 Acre 139.79' Clerks File No. 2009001069 Fnd TxDOT N94°19144"E O.P.R-J.C. Monument W 148,3T SR4°l9'44" Kinsel Auto Group } Submitting Information: Called 8.366 Acres Klnsel Auto Group Tract I - Called 4.14 Acres Beaumont, Texas 77708 Clerks File No. 2006037699 Attn: Craig Kinsel 409-924-6203 O.P.R.J.C. Site Address: 0' 50' 100' 200' 4235 Eastex Freeway Beaumont, Texas 77708 Scale: 1"=100' NOTICE: The findings and opinions of WORTECH Land Surveyors, Inc reflected herein are privileged, confidential and Intended only for the use of the individual or entity for whom this work was prepared. It Is understood that the use of, reliance on, or reproduction of same, in whole or in part, by others without the express written consent of WORTECH Land Surveyors, Inc Is or Implied. WORTECH Land Surveyors, Inc shall be held harmless against any damages or expenses resulting from such unauthorized use, prohibited and without warranty, express reliance or reprotluctlon. Copyright 2015. All rights reserved. Job No: 2015-040 0 F ti" �@ �� s 7q•', f being rti' • �O 9 J.L. SIMS, 1R. Surveyor's Certification The undersigned does hereby certify that this survey plat accurately represents an on the ground survey made under my direct supervision on May 13, 2015, and is submitted along with the Surveyor's field note description of the property shown hereon, which lies in Jefferson County, Texas. Field Book: 75384, 756/66 Dr. By: JLS Date: 9/012015 Rev. No: 0 - Final Issue WRTECH J ��qo 4599 LAND SURVEYORS, INC.SMM:yo Texas Firm Registration No: 10105600 1480 Cornerstone Court iww Beaumont, Texas 77706 Texas Tel: 409.866.9769 , 409.666.7075h.corn www.wortech.com This Bowmen! not vafd without original seal and signature of person mrllying stered Professional Land u Line Berri Distance LI S43°4922"E 11.85' L2 S76°18'28"E 33.91' L3 S38°09'40"E 10.05' L4 N76°18'28"W 33.75' EXHIBIT "2" EAS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, KINSEL AUTO GROUP, of the County of Jefferson, State of Texas 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 Water Line Easement and the 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, and being more particularly described in Exhibit "A", attached and made a part hereof for all purposes. The easement herein granted shall be used 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 collectively, the "Easement Rights". It is expressly understood and agreed that the City of Beaumont 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, and giving said City 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 that will interfere with Grantee's ability to exercise the Easement Rights. 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. EXECUTED this day of VP"q,- K- , 2015. 11WIXAzK0116-4 KINSEL AUTO GROUP By: _ Printed Title: ` STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT X X BEFORE ME, he undersigned authority, on this day personally appeared CRAIG HINSEL as 4 of KINSEL AUTO GROUP, known to me to be the person and o icer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this�ofAft&lrfo15. day Ri f0 of ow Ri WY R/ ow ow ow M o PATSY LYNN CERNIGLIA t t 2�� Notary Public, We Of Texas t ' 002-13-20 g Aires • ti � wr.r ww.w.,r.,r w.�r.rr wr wi r ti �r.,r RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 ` r qotary Public, Stat9yTexas W�TPRTECH'Recognizing the landmarks of the past.. setting our foresight towards the future with Advanced Geospatfai Technology' LAND SURVEYORS, INC. EXHIBIT "A" Page 1 of 3 June 4, 2015 Texas Board of Professional Land Surveying Finn Registration No. 10105600 Surveyor's Field Note Description: 0.3079 Acre Exclusive City Water Line Easement BEING a 0.3079 acre tract of land out of and a part of that certain Kinsel Auto Group called 4.14 acre tract of land, more fully described as Tract I and that certain called 1.9 acre tract of land, more fully described as Tract III recorded in Clerks File No. 2006037699 and that certain Kinsel Auto Group called 1.2927 acre tract of land, more fully described and recorded in Clerks File No. 2015008431 of the Official Public Records of Jefferson County, Texas. Said 0.3079 acre tract of land being situated in the Frederick Bigner Survey, Abstract No. 1, Jefferson County, Texas and being more particularly described as follows: BEGINNING at a 3/4 inch iron rod found at the North corner of said 1.2927 acre tract, same being the Northeast corner of that certain National Retail Properties, L.P. called 11.473 acre tract of land, more fully described and recorded in Correction Deed filed in Clerks File No. 2012029083 of said Official Public Records and being in the Southwest line of US Highway 69, 96 & 287 (Eastex Freeway) variable width right-of-way THENCE South 43 deg. 49 min. 22 sec. East along and with the Northeast line of said 1.2927 acre tract, same being the Southwest line of US Highway 69, 96 & 287 (Eastex Freeway), a distance of 11.85 feet to a point for corner; THENCE in a Southwesterly and Easterly direction along and with the East and North line of this proposed waterline easement the following bearings and distances: South 13 deg. 41 min. 32 sec. West, a distance of 366.05 feet to a point for corner; South 76 deg. 18 min. 28 sec. East, a distance of 33.91 feet to a point for corner; South 14 deg. 34 min. 52 sec. West, a distance of 204.24 feet to a point for corner; South 41 deg. 42 min. 15 sec. East, a distance of 236.75 feet to a point for corner; North 84 deg. 19 min. 44 sec. East, a distance of 139.79 feet to a point for corner; North 45 deg. 52 min. 24 sec. East, a distance of 344.02 feet to a point for corner in the Northeast line of said 1.9 acre tract, same being the Southwest line of US Highway 69, 96 & 287 (Eastex Freeway); THENCE South 38 deg. 09 min. 40 sec. East along and with the Northeast line of said 1.9 acre tract, same being the Southwest line of US Highway 69, 96 & 287 (Eastex Freeway), a distance of 10.05 feet to a point for corner; THENCE in a Southwesterly and Northerly direction along and with the South and West line of this proposed waterline easement the following bearings and distances: South 45 deg. 52 min. 24 sec. West, a distance of 346.47 feet to a point for corner; South 84 deg. 19 min. 44 sec. West, a distance of 148.37 feet to a point for corner; North 41 deg. 42 min. 15 sec. West, a distance of 247.19 feet to a point for corner in the West line of said 1.9 acre tract, same being an East line of said 11.473 acre tract; North 14 deg. 34 min. 52 sec. East along and with the West line of said 1.9 acre tract, same being an East line of said 11.473 acre tract, a distance of 199.43 feet to a concrete monument found at the Northwest corner of said 1.9 acre tract, same being Corporate Office: 1480 Cornerstone Court Beaumont, Texas 77706 Tel: 409.866.9769 Fax: 409.866.7075 www.wortech.com Kinsel Auto Group COB Waterline Easement June 4, 2015 Page 2 W�PRTECH LAND SURVEYORS, INC. EXHIBIT "A" Page 2 of 3 0.3079 Acre Exclusive City Water Line Easement a Northeast corner of said 11.473 acre tract and being in the South line of said 1.2927 acre tract; North 76 deg. 18 min. 28 sec. West, a distance of 33.75 feet to a point for corner in the West line of said 1.2927 acre tract, same being an East line of said 11.473 acre tract; North 13 deg. 41 min. 32 sec. East along and with the West line of said 1.2927 acre tract, same being an East line of said 11.473 acre tract, a distance of 382.41 feet to the PLACE OF BEGINNING, containing 0.3079 acre of land, more or less. (This description is based upon a survey made on the ground under my direct supervision on May 13, 2015 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the Texas Coordinate System of 1983 (CORS)(2011), South Central Zone '4204' (US Survey foot). All distances and acreages are surface with a combined adjustment factor of 1.00007 applied.) C. gistered Profession 1 Land Surveyor F V .1�po 4599 q401 hFMg 10 ,�0 SUity 2015-040 SPI Kinsel Desc COB Waterline Esmt.docx COB Esmt r I A Line Bearing Distance L1 S43°49'22"E 11.85' L2 S76°18'28"E 33.9F L3 S38°09'40"E 10.05' L4 N76°18'28"W 33.75' Fnd 3/4" I. Rod National Retail Properties, L.P. Called 11.473 Acres more fully described in Correction Deed recorded in Clerks File No. 2012029083/ O.P.R.J.C. Fnd 112" I L2 I. Rod I a Fnd Conc.' Monument 7 N o N R1 !n N a o � C 2 CO Fnd TxDOT Monument Kinsel Auto Group Called 1.2927 Acres Clerks File No. 2015008431 O.P.R.J.C. EXHIBIT "All Page 3 of 3 0.3079 Acre Exclusive City Water Line Easement THD-DPS Credit Union Called 0.50 Acre Volume 1366, Page 202 D.R.J.C. Fnd 2" I. Pipe C Su 7 e CM CeG* 'act No de PaSV 13411.889 Sq. Feet i 0.3079 Acre Submitting Information: Kinsel Auto Group Beaumont, Texas 77708 Attn: Craig Kinsel 409-924-6203 Site Address: 4235 Eastex Freeway Beaumont, Texas 77708 Kinsel Auto Group Called 8.366 Acres Tract III - Called 1.9 Acres Clerks File No. 2006037699 O.P. R.J.C. Note: All bearings are based upon the Texas Coordinate System of 1983 (CORS), South Central Zone'4204' (US Survey Foot). All distances and acreages are surface with a combined adjustment factor of 1.00007 applied. 6- Gd, Find Tx DOT �/ Monument o� �d <P o'� �°� 5ti ti 5� Sa Fnd T%DOT Fnd TxDOT Monument Monument Halle Properties LLC Called 0.9183 Acre 139.79' Clerks File No. 2009001069 N84°19'44"E O.P.R.J.C. S94°19'44"W 149.37' Kinsel Auto Group Called 8.366 Acres Tract I - Called 4.14 Acres Clerks File No. 2006037699 }� O.P.R.J.C. 0' 50' 100, 200' Scale: 1 "=100' NOTICE: The Findings and opinions of WORTECH Land Surveyors, Inc. reflected herein are privileged, confidential and intended only for the use of the Individual or entity for whom this work was prepared. It Is understood that the use of, reliance on, or reproduction of same, In whole or In part, by others without the express written consent of WORTECH Land Surveyors, Inc. is prohibited and without warranty, express or Implied. WORTECH Land Surveyors, Inc, shall be held harmless against any damages or expenses resulting from such unauthorized use, reliance or reproduction. Copyright 2015. All rights reserved. Job No: 2015-040 Field Book: 753/74, 756/66 Dr. By: JLS Date: 9101 /2015 Rev. No: 0 - Final Issue W4PRTECH LAND SURVEYORS, INC. Texas Firm Registration No: 10105600 1480 Cornerstone Court Beaumont, Texas 77706 Tel: 409.866.9769 Fax:409.866.7075 www.wortech.com Surveyor's Certification OF The undersigned does hereby certify that this survey plat accurately represents an ,,.....� ! S T on the ground survey made under my direct supervision on May 13, 2015, and is 6% �•1• * BOO being submitted along with the Surveyor's field note description of the property Q� shown hereon, which lies in Jefferson County, Texas. J. L. SIMS, JR. 5)1 '91;�tiESto' •l S U t4 This document not valid without original lstered Professional Land Surfbyor seal and signature of person certifying