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Home My WebLink AboutRES 15-283RESOLUTION NO. 15-283 WHEREAS, SETCRE96, LP has agreed to convey a ten foot (10') wide exclusive water line easement, said easement being a 0.1840 acre tract out of the A. Williams League, Abstract No. 385, 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 3955 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 SETCRE96, LP, being a 0.1840 acre tract out of the A. Williams League, Abstract No. 385, 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 15th day of December, 2015 STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, SETCRE96, LP, 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 & B", 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 52015. GRANTOR: SETCRE96, LP Lo Printed Name: Jason Kuchera Title: ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared Jason Kuchera as of, SETCRE96, LP 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 EXHIBIT "A" Exclusive Water Line Easement Legal Description: 0.1840 Acre Exclusive Water Line Easement A. Williams League, Abstract No. 385 Jefferson County, Texas BEING a 0.1840 acre exclusive water line easement situated in the A. Williams League, Abstract No. 385, Jefferson County, Texas and being out of and part of that certain called 11.275 acre tract of land as described in a "Special Warranty Cash Deed" from Victor J. Rogers to SETCRE96, L.P. as recorded in Clerk's File No. 2003052122, Official Public Records of Real Property, Jefferson County, Texas, said 0.1840 acre exclusive water line easement being more particularly described as follows: NOTE: All bearings are referenced to the West line of that certain called 11.275 acre tract of land as recorded in Clerk's File No. 2003052122, Official Public Records of Real Property, Jefferson County, Texas as NORTH 01'22'58 " WEST. BEGINNING at a concrete monument with a Kohler disk found for the most Westerly corner of the said 11.275 acre SETCRE96, L.P. tract, said corner also being the Southerly corner of that certain called 2.125 acre tract of land as described in a "General Warranty Deed With Assumption" from John D. Turnbow and wife, Linda M. Turnbow to San Properties, LTD. as recorded in Clerk's File No. 98- 9839987, Official Public Records of Real Property, Jefferson County, Texas, and said corner also being the most Southerly Northeast corner of that certain called 0.251 acre tract of land as described in a "General Warranty Deed" from Ben J. Rogers, Trustee to the City of Beaumont as recorded in Clerk's File No. 102-16-1510, Official Public Records of Real Property, Jefferson County, Texas, also known as Folsom Drive; THENCE NORTH 8803702" EAST, over and across the said 11.275 acre SETCRE96, L.P. tract, for a distance of 10.00 feet to a point for corner; THENCE SOUTH 01022'58" EAST, continuing over and across the said 11.275 acre SETCRE96, L.P. tract, for a distance of 204.03 feet to a point for corner; THENCE NORTH 88°49'38" EAST, continuing over and across the said 11.275 acre SETCRE96, L.P. tract, for a distance of 115.13 feet to a point for corner; THENCE NORTH 43049'38" EAST, continuing over and across the said 11.275 acre SETCRE96, L.P. tract, for a distance of 397.84 feet to a point for corner; THENCE NORTH 37041'06" EAST, continuing over and across the said 11.275 acre SETCRE96, L.P. tract, for a distance of 69.91 feet to a point for corner, said corner being in the Northeasterly line of the said 11.275 acre SETCRE96, L.P. tract and being in the Southwesterly right-of-way line of U.S. Highway 69,96 and 287; THENCE SOUTH 46005'40" EAST, along and with the Southwesterly right-of-way line of U.S. Highway 69, 96 and 287, for a distance of 10.06 feet to a point for corner; EXFIIBIT "A" n-uirEcr• Y a:vn THENCE SOUTH 37041'06" WEST, over and across the said 11.275 acre SETCRE96, L.P. tract, for a distance of 69.35 feet to a point for corner; THENCE SOUTH 43049'38" WEST, continuing over and across the said 11.275 acre SETCRE96, L.P, tract, for a distance of 402.52 feet to a point for corner; THENCE SOUTH 88049'38" WEST, continuing over and across the said 11.275 acre SETCRE96, L.P. tract, for a distance of 129.24 feet to a point for corner, said corner being in the Westerly line of the said 11.275 acre SETCRE96, L.P. tract, and being in the Easterly line of that certain tract of land as described in a "Special Warranty Deed" from M.A. Phelan, Trustee and Johannah Phelan to Ben J. Compagno and Deborah E. Compagno as Trustees of the Compagno Family Trust as recorded in Clerk's File No. 2005042229, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 01022'58" WEST, for the boundary between the said 11.275 acre SETCRE96, L.P. tract and the said Ben J. Compagno tract, for a distance of 213.99 feet to the POINT OF BEGINNING and containing 0.1840 Acres, more or less. Easement prepared based on a survey performed by Mark W. Whiteley and Associates dated June 27, 2014. This legal description is being submitted along with a plat based on this survey (see EXHIBIT 11BIt) T1 T1 W`,7014114-61%WaterLine Eas nem;14-619 Water Line FaumemmRbdoe EXHIBIT "A" IRK IV 117IITF_LEr JAD.IS.SOCI ITE.S. INC. NOTE: ALL BEARINGS ARE REFERENCED TO THE WEST LINE OF THE REMAINDER THAT CERTAIN CALLED 11.275 ACRE TRACT OF LAND AS RECORDED IN CLERK'S FILE NO. 2003052122, OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, JEFFERSON COUNTY, 1 TEXAS AS NORTH 01'22'58" WEST. 1 LINE BEARING DISTANCE Li I N88* 37'02"E I 10.00' L2 546°05'40"E I 10.06' MY J. COMPACNO, eL we CF. NO. 2005042229 OPRJC �O N 0 CALLED 0.251 ACRES FND CON. CLTr OF BEAUYONT MON. <i CF. NO. 102-15-1510 OPR,C CALEO 2.125 ACRES SNO 998-988,399 CF. LTD.FND 5/8" OPRJC I. ROD 2g0 g1 N2231y6 � CALLED 11.275 ACRES SETCRE96, L.P. CF. NO. 2003052122 OPRJC CALLED 1.25 ACRES YAC PRO, LTD. CF. NO. 2001025445 OPRx � 3163118 E FND CONC. MON. W/ DISK 17-'B r q.67 rPROPOSED 0.1840 ACRE EXCLUSIVE 10' WATER LINE EASEMENT `/ N 37°41'06" E N 43°49'38" E 397.84' 6991' NOTE: 1 S 43'49'38" W 402.52' 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 JUNE 27, 2014. TO THE OWNERS OF THE PREMISES SURVEYED CLASSIC KIA SALES &SERVICE FACIIITY 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 FACTSAT THE TIME OF THE SURVEY. OF T �j I S �e �► o�. 4 I �l ✓!THOMAS S. ROWE THOMAS S. ROWE - REGISTERED SIml�t$ L1b y RVEYOR No. 57 �w.�a.•r'• Q SURy��. R ACAs 2Gts i "=80'1 1 9 N0. FYEt N:\2014\14-619\ 1R£ 14-619 14-619 Wbtw6M Eas.mentdw9 MARK W. WIETELEY AND ASSOCIATES INCORPORATED CONSULI7NG ENG24=, SURVEYORS. AND PLANNERS zr� rrr>a r� P. 0. = 5422 sm XA.= 71RT. MAO W. TVAS ?1720-eA BV9YOUT. I'QA9 ' 400.892-0421 (YA 409 M -]94E EXHIBIT "B" REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION 0.1840 ACRE EXCLUSIVE WATER LINE EASEMENT A. WILLIAMS LEAGUE ABSTRACT NO. 385 JEFFERSON COUNTY TEXAS STATE OF TEXAS COUNTY OF JEFFERSON 7 PGS 2015041883 EAS X 12,TOW ALL MEN BY TIMSE PRESENTS: X WATER LINE EASEMENT THAT,. SETCRE96, LP, 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 NO11 00 DOLLAR ($ 1. 00), and other good and valuable consideration to us: in hand paid by the CITY OF ai BEAUMONT, a-munici pal 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 thesepresents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. 0-.- BQx3827 Beaumont,,Texas 77794,, Jefferson County, Texas, its successors. and- assigns, a. Water Una 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 tand. owned by GRANTOR.situated in the County of Jefferson, Stateof Texas, andbeing more particularly described in.Exhibit "A & B", 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 hpreinbefore described and: use of the same for the purposes• aforesaid, and giving said City the: rightand 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. h EXECUTED this. I day of CE►h7�E[Z ,,201:5.. GRANTOR. SETCRE96;; LP By.: Printed Name:4ase$ K-achci 4 nj Titles: V STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT X 91 OJEFOMAME) tVp he -undersigned authority, on this day personatly appeared O of, SETCRE96, LP known to me to be the person and officer whose name is subscribed. to the foregoing instrument and aelm, owl edged 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 A day of 2015. ANGELA M. MILEY MY COMMISSION EXPIRES September 8,2018 RETURN, TO' City of Beaumont AntoinettaHardy - Eng.ineenng P. Q. Box 3827 Beaumont, TX 77704 Y-H Notary Public, State of' TPOS EXHIBIT "A" Exclusive Water Line Easement Legal Description: 0,1840 Acre Exclusive Water Line Easement A. Williams League, Abstract No. 385 Jefferson County, Texas BEING a 0.1840 acre exclusive water line easement situated in the A. Williams League, Abstract No. 385, Jefferson County, Texas and being out of and part of that certain called 11.275 acre tract of land as described in a "Special Warranty Cash Deed" from Victor J. Rogers to SETCRE96, L.P. as recorded in Clerk's File No. 2003052122, Official Public Records of Real Property, Jefferson County, Texas, said 0.1840 acre exclusive water line easement being more particularly described as follows: NOTE: All bearings are referenced to the West line of that certain called 11.275 acre tract of land as recorded in Clerk's File No. 2003052122, Official Public Records of Real Property, Jefferson County, Texas as NORTH 01 °22 '58 " WEST. BEGINNING at a concrete monument with a Kohler disk found for the most Westerly corner of the said 11.275 acre SETCRE96, L.P. tract, said corner also being the Southerly corner of that certain called 2.125 acre tract of land as described in a "General Warranty Deed With Assumption" from John D. Turnbow and wife, Linda M. Turnbow to San Properties, LTD. as recorded in Clerk's File No. 98- 9839987, Official Public Records of Real Property, Jefferson County, Texas, and said corner also being the most Southerly Northeast corner of that certain called 0.251 acre tract of land as described in a "General Warranty Deed" from Ben J. Rogers, Trustee to the City of Beaumont as recorded in Clerk's File No. 102-16-151.0, Official Public Records of Real Property, Jefferson County, Texas, also known as Folsom Drive; THENCE NORTH 8803702" EAST, over and across the said 11.275 acre SETCRE96, L.P. tract, for a distance of 10.00 feet to a point for corner; THENCE SOUTH 01022'58" EAST, continuing over and across the said 11.275 acre SETCRE96, L.P. tract, for a distance of 204.03 feet to a point for corner; THENCE NORTH 88049'38" EAST, continuing over and across the said 11.275 acre SETCRE96, L.P. tract, for a distance of 115.13 feet to a point for corner; THENCE NORTH 43049'38" EAST, continuing over and across the said 11.275 acre SETCRE96, L.P. tract, for a distance of 397.84 feet to a point for corner; THENCE NORTH 37041'06" EAST, continuing over and across the said 11,275 acre SETCRE96, L.P. tract, for a distance of 69.91 feet to a point for corner, said corner being in the Northeasterly line of the said 11.275 acre SETCRE96, L.P. tract and being in the Southwesterly right-of-way line of U.S. Highway 69,96 and 287; THENCE SOUTH 46005'40" EAST, along and with the Southwesterly right-of-way line of U.S. Highway 69, 96 and 287, for a distance of 10.06 feet to a point for corner; EXHIBIT "A" Al IRA 11: 11111TELL•Y AND -ISSOCI:ITES. 1Vr. THENCE SOUTH 37"41'06" WEST, over and across the said 11.275 acre SETCRE96, L.P. tract, for a distance of 69.35 feet to a point for corner; THENCE SOUTH 43049'38" WEST, continuing over and across the said 11.275 acre SETCRE96, L.P: tract, for a distance of 402.52 feet to a point for corner; THENCE SOUTH 88049'38" WEST, continuing over and across the said 11.275 acre SETCRE96, L.P. tract, for a distance of 129.24 feet to a point for corner, said corner being in the Westerly line of the said 11.275 acre SETCRE96, L.P. tract, and being in the Easterly line of that certain tract of land as described in a "Special Warranty Deed" from M.A. Phelan, Trustee and Johannah Phelan to Ben J. Compagno and Deborah E. Compagno as Trustees of the Compagno Family Trust as recorded in Clerk's File No. 2005042229, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 01 °22'58" WEST, for the boundary between the said 11.275 acre SETCRE96, L.P. tract and the said Ben J. Compagno tract, for a distance of 213.99 feet to the POINT OF BEGINNING and containing 0.1840 Acres, more or less. Easement prepared based on a survey performed by Mark W. Whiteley and Associates dated June 27, 2014. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B"� J �. T1 TI W L01*14-619\WAter Line Easemenn14-619 Water Line Easement m&b doe EXHIBIT "A" __NIRd 11:11711TELEP INDAS.SOCII NOTE: ALL BEARINGS ARE REFERENCED TO THE WEST LINE OF THE REMAINDER THAT CERTAIN CALLED 11.275 ACRE TRACT OF LAND AS RECORDED IN CLERK'S FILE NO. 2003052122, OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, JEFFERSON COUNTY,, TEXAS AS NORTH 01°22'58" WEST. I&INElBEAR7,NG I DISTANCE IL I N88°37'02"E I 10.00' L 2 546' 05' 40 "E 110. 06' BEN J. COMPAGNO, OL we CF. NO. 2MS042229 0PRJC 0 0 0 C,,, ossl ACRES FND CON: .: an of muuoNF MON. CF. No. 102-16-1510 OPRI C 0 CAUED 2.125 ACRES cµ No 9B-909967. FND 5/ 8 " . oP"JC I. ROD e CALLED 11.275 ACRES SETCRE96, L.P. CF. NO. 2003052122 OPRJC CALLED 1.25 ACRES FND CONC. MON. uaO. PRO, LTD. �W•/ D I S CF. NO.2a1D23F3 1740 7, 14 PROPOSED 0.1840 ACRE EXCLUSIVE 10' WATER LINE EASEMENT N 43'49'38" E 397.84' N 371; NOTE: I SA3'49.'3W",W :4,02.52' S 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 JUNE 27, 2014. TO THE OWNERS OF THE PREMISES SURVEYED CLASSIC KLA SALES k SERVICE FACILITY AS OF THE DATE OF THE SURVEY: ON En p I scup: swu "w I, THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY v4 ACAU4016 I MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED ��ta�u-et9� mv., '14--6:19 14-619 Wblr6N E--td.9 HEREON AND CORRECTLY REPRESENTS THE W. W FACTS AT THE TIME OF THE SURVEY. 1LARK iIITELEY �E r AND ASSOCIATES INCORPORATED CONSULTING AM PLkMRS '7�Q '� t SURMORS. ENCINBEBS, e;:�A �THOMAS S. ROWE T.- r lkpt-.d THOM 'S 5. ROWE - REGISTERED SI9728- LW .. RVEYOR N04. 5728 MAUROMr,0.TVA5�-�.e 3260 , � r .. 4M-w¢-o.a pup Am-a92-tua M n co w E EXHIBIT "B" REFER TO EXHIBIT A" FOR LEGAL DESCRIPTION 0.1840 ACRE EXCLUSIVE WATER LINE EASEMENT A. WILLIAMS LEAGUE ABSTRACT NO. 385 JEFFERSON COUNTY TEXAS