HomeMy WebLinkAboutRES 16-094RESOLUTION NO. 16-094
WHEREAS, CNA Rental Management, LLC has agreed to convey a twenty foot
(20') wide exclusive water and sewer line easement, said easement being a 0.13 acre
tract out of a 2.89 acre tract, situated in the A. Huston Survey, Abstract No. 33 as
described and shown in Exhibit 1," attached hereto, to the City of Beaumont for the
construction of a new convenience store located at 3529 North Major Drive; 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 twenty foot (20') wide exclusive water and sewer line easement
conveyed by CNA Rental Management, LLC, being a 0.13 acre tract out of a 2.89 acre
tract, situated in the A. Huston Survey, Abstract No. 33 as described and shown in
Exhibit "1," 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 24th day of
May, 2016.
yor ecky Ames -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
WATER AND SEWER LINE EASEMENT
THAT, CNA RENTAL MANAGEMENT, LLC, a Texas 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
and sewer line easement (the "Easement") to construct, alter, and maintain waterlines and related
appurtenances on the hereinafter described lands which said easement is under, over, in and
across those certain tracts or parcels of land owned by GRANTOR situated in the County of
Jefferson, State of Texas, and being more particularly described in Exhibit "A & B", attached
and made a part hereof for all purposes (the `Basement Area").
The Easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and/or removing water and sewer 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
EXHIBIT 1"
hinder the 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
GRANTOR:
CNA Rental Management, LLC,
a Texas limited liability company
By:
Printed Name:
Title: Member
Christopher Truong
STATE OF TEXAS
COUNTY OF JEFFERSON
day of , 2016.
ACKNOWLEDGMENT
M
VA
This instrument was acknowledged before me on this the day of ,
2016, by Christopher Truong, Member of CNA Rental Management, LLC, a Texas 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 in the capacity therein stated on behalf of and as the act and deed
of said CNA Rental Management, LLC.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2016.
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
FAUST Engineering and Surveying, Inc.
Professional Engineers and Professional Surveyors
E-MAIL ADDRESS INFO@FAUSTENG.COM
2525 Calder Street
Beaumont, Texas 77702
Surveying Firm Registration No. 100024-00
Engineering Firm Registration No. 4800
Telephone (409) 813-3410
Fax (409) 813-3484
EXHIBIT A
PAGE 1 OF 2
FIELD NOTE DESCRIPTION
FOR A
0.18 ACRE TRACT (7,794.4 SQUARE FEET), 20' WIDE EXCLUSIVE WATER
AND SANITARY SEWER EASEMENT
OUT OF
ALMANZON HUSTON SURVEY
ABSTRACT NO. 33
JEFFERSON COUNTY, TEXAS
MAY 18, 2016
THAT CERTAIN 0.18 acre tract (7,794.4 square feet) of land out of the Almanzon Huston Survey,
Abstract No. 33, and being out of a 2.89 acre tract conveyed to CNA Rental Management, LLC, as
described in Clerk's File Number 2015035231 of the Real Property Records of Jefferson County,
Texas; said 0.18 acre tract being more particularly described by metes and bounds as follows:
(BASIS OF BEARINGS IS THE TEXAS STATE PLANE COORDINATE SYSTEM, TEXAS SOUTH
CENTRAL ZONE, CONVERGENCE 02°21'23", SCALE FACTOR 0.999953528, NAD 1983)
BEGINNING at a 1/2" rebar found in west right-of-way line of North Major
Drive; said rebar being the southeast corner of a tract conveyed to Beaumont
Providence, LP, as described in Clerk's File Number 2014008926 of the Real
Property Records of Jefferson County, Texas, and being the northeast corner of
the herein described tract;
THENCE South 02°52'54" East (called South 00°01'20" West) along the west
right-of-way line North Major Drive and the east line of the said CNA Rental
Management, LLC, tract, a distance of 389.73 feet to a 1/2" rebar set and
capped "FAUST" for the southeast corner of the herein described tract;
THENCE South 8707'06" West, a distance of 20.00 feet, to a 1/2" rebar set and
capped "Faust" for the southwest corner of the herein described tract;
THENCE North 02°52'54" West, a distance of 389.71 feet, to a 1/2" rebar set and
capped "Faust" on the south line of the said Providence, LP, tract and the north
Exhibit A 20ft EW&SSE.docx PAGE 1
EXHIBIT A PAGE 2 OF 2
line of said CNA Rental Management, LLC, tract; said rebar being the northwest
corner of the herein described tract;
THENCE North 8704'43" East (called North 8959'14" East) along the south line
of the said Providence, LP, and the north line of the said CNA Rental
Management, LLC, tract a distance of 20.00 feet to the POINT OF BEGINNING
and containing 0.18 acres (7,794.4 square feet) of land, more or less.
This description and the accompanying plat were prepared from a survey
performed under the supervision of Richard F. Faust, P.E., Registered
Professional Land Surveyor No. 4782 on May 18, 2016.
OF T�
P••c,� s TF9•.f
Richard F. Faust, P.E.
Registered Professional Land Surveyor No. 4782
f�C9HoA.R.D..K APUS
....
.`9AOvO.��
PAGE 2
2.89 acres
C.F. NO. 2015035231
J C. R. P. R.
SET 112-
33.69 ACRE TRACT RE -BAR
REMAINDER OF 44.787 ACRE TRACT CAPPED N 02 5254 ' W 389.71'
CLERKS RLE NO.S 87'07'06" W 20.00'
zO{0043851 SET 1/2' 20' EXCLUSIVE WATER qND SANITARY SEWER EASEMENT
JCR, P. R. REBAR 7,794.4 Sq. Ft.
APP
-M k -
---- --------_—_—_—_ 50252'54"E 389.73'— ---- --
(CALLED S 000I2O" W)
REGISTERED PROFESSIONAL LAND SURVEYOR N0. 4782
SURVEY REGISTRATION FIRM NO. 100024-00
C P'5
ENGINEERING AND SURVEYING, INC.
PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS
2525 CALDER STREET w BEAUMONT, TEXAS 77702 * (409) 813-3410
ENGINEERING FIRM NO, 4800 4 SURVEYING FIRM NO.IODD24-00
3529 NOR TH MAJOR DRIVE
EXHIBI r B
PAGE I OF 1
TO ACCOMPANY DESCRIPTION
OF
A 0. 18 ACRE (7,794.4 SQUARE FEET)
20 FEET WIDE EXCL USI VE WATER
AND SANITARY SEWER EASEMENT
OUT OF
A 2.89 ACRE TRACT
ALMANZON HUSTON SURVEY, ABSTRACT NO. 33
BEAUMONT, JEFFERSON COUNTY, TEXAS
SET 112-
N 87'04'43" E 20.00'
(CALLED N 89"59'14" E) _
z
SCALE 1"-- 40'
BASIS OF BEARINGS IS THE 7EXA5 STATE
PLANE .000RDINA7E SYSTEM, TEXAS SOUTH
CENTRAL ZONE, CONVERGENCE 027123'
SCALE FACTOR 0.999953528, NAD 1983
ELEVA17ONS ARE GPS DERIVED NAW 88
i
rC£N7ERP01NT ENERGY CAS
PIPELINE - 18005456005
NOW OR FORMERLY
BEAUMONT PRONDENCE, LP
CLERK'S FLE NO.
2014008926
JCR.PJ2.
FOUND 1/2"
I
NCINITY MAP
N. 7 S
II�IIIIIIIIII�III�IIWIIQ E,,;.. 2016016022
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER AND SEWER LINE EASEMENT
THAT, CNA RENTAL MANAGEMENT, LLC, a Texas 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
and sewer line easement (the "Easement") to construct, alter, and maintain waterlines and related
appurtenances on the hereinafter described lands which said easement is under, over, in and
across those certain tracts or parcels of land owned by GRANTOR situated in the County of
Jefferson, State of Texas, and being more particularly described in Exhibit "A & B", 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 and sewer 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 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 , 2016.
GRANTOR:
CNA Rental Management, LLC,
a Texas limited liability company
By:
Printed N e:' Chri er Truo
Title: Member
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this the day of
2016, by Christopher Truong, Member of CNA Rental Management, LLC, a Texas 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 in the capacity therein stated on behalf of and as the act and deed
of said CNA Rental Management, LLC.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this /� day of ' 2016.
i-11 .� MACEDONIA ALBARRAN-SESMAS
�` av a"..
Notary Public, State of Texas /
My Commission Expires Kr=
October 19, 2016
Notary Pubh , to of Texas
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
FAUST Engineering and Surveying, Inc.
Professional Engineers and Professional Surveyors Telephone (409) 813-3410
E-MAIL ADDRESS INFO@FAUSTENG.COM Fax (409) 813-3484
2525 Calder Street
Beaumont, Texas 77702
Surveying Firm Registration No. 100024-00
Engineering Firm Registration No. 4800
EXHIBIT A
PAGE 1 OF 2
FIELD NOTE DESCRIPTION
FOR A
0.18 ACRE TRACT (7,794.4 SQUARE FEET), 20' WIDE EXCLUSIVE WATER
AND SANITARY SEWER EASEMENT
OUT OF
ALMANZON HUSTON SURVEY
ABSTRACT NO. 33
JEFFERSON COUNTY, TEXAS
MAY 18, 2016
THAT CERTAIN 0.18 acre tract (7,794.4 square feet) of land out of the Almanzon Huston Survey,
Abstract No. 33, and being out of a 2.89 acre tract conveyed to CNA Rental Management, LLC, as
described in Clerk's File Number 2015035231 of the Real Property Records of Jefferson County,
Texas; said 0.18 acre tract being more particularly described by metes and bounds as follows:
(BASIS OF BEARINGS IS THE TEXAS STATE PLANE COORDINATE SYSTEM, TEXAS SOUTH
CENTRAL ZONE, CONVERGENCE 02-21'23", SCALE FACTOR 0.999953528, NAD 1983)
BEGINNING at a 1/2" rebar found in west right-of-way line of North Major
Drive; said rebar being the southeast corner of a tract conveyed to Beaumont
Providence, LP, as described in Clerk's File Number 2014008926 of the Real
Property Records of Jefferson County, Texas, and being the northeast corner of
the herein described tract;
THENCE South 02'52'54" East (called South 00'01'20" West) along the west
right-of-way line North Major Drive and the east line of the said CNA Rental
Management, LLC, tract, a distance of 389.73 feet to a 1/2" rebar set and
capped "FAUST" for the southeast corner of the herein described tract;
THENCE South 87'07'06" West, a distance of 20.00 feet, to a 1/2" rebar set and
capped "Faust" for the southwest corner of the herein described tract;
THENCE North 02'52'54" West, a distance of 389.71 feet, to a 1/2" rebar set and
capped "Faust" on the south line of the said Providence, LP, tract and the north
Exhibit A 20ft EW&SSE.doex PAGE 1
EXHIBIT A PAGE 2 OF 2
line of said CNA Rental Management, LLC, tract; said rebar being the northwest
corner of the herein described tract;
THENCE North 87'04'43" East (called North 89°59'14" East) along the south line
of the said Providence, LP, and the north line of the said CNA Rental
Management, LLC, tract a distance of 20.00 feet to the POINT OF BEGINNING
and containing 0.18 acres (7,794.4 square feet) of land, more or less.
This description and the accompanying plat were prepared from a survey
performed under the supervision of Richard F. Faust, P.E., Registered
Professional Land Surveyor No. 4782 on May 18, 2016.
OF T
STF'�f
Richard F. Faust, P.E.
Registered Professional Land Surveyor No. 4782
<�9F'•9
..........................
RICHARD ... FAUST
:A4782 �Qv *0-
S9s
UFt
PAGE 2
2.89 acres
C.F. NO. 2015035231
J.C. R. P. R.
SET 1/2-
33.69 ACRE TRACT REBAR N 02 52 54 „ W 389. 71 '
REMAINDER OF 44, 787 ACRE TRACT CAPPED
CLERK'S FILE NO. S 87*07'06" W 20.00'
2010043851 20 ' EXCL USI VE WATER AND SANITARY SEWER EASEMENT
J.C.R.P.R. SET REBAR2" 7,794.4 Sq. Ft.
CAPPED
------- ------ S 0252'S4"E. 389.73'— — --
- -- (CALLED S 000120" W)
REGISTERED PROFESSIONAL LAND SURVEYOR N0. 4782
SURVEY REGISTRATION FIRM NO. 100024-00
CC -"-
Al,
T
INEERING AND SURVEYING, INC.
PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS
2525 CALDER STREET ■ BEAUMONT, TEXAS 77702 • (409) 813-3410
ENGINEERING FIRM NO. 4800 " SURVEYING FIRM N11.10D024-00
3529 NORTH MAJOR DRIVE
EXHIBI T 8
PAGE 1 OF 1
TO ACCOMPANY DESCRIPTION
OF
A 0.18 ACRE (7,794.4 SQUARE FEET)
20 FEET WIDE EXCLUSIVE WATER
AND SANITARY SEWER EASEMENT
OUT OF
A 2.89 ACRE TRACT
ALMANZON HUSTON SURVEY, ABSTRACT NO. 33
BEAUMONT. JEFFERSON COUNTY, TEXAS
I
�
CENTERPOINT ENERGY GAS
PIPELINE - 18005436005
i
IV
NOW OR FORMERLY
I BEAUMONT PRONDENCE, LP.
CLERK'S FILE NO.
2014008926
SET 1 2"
I J CR.P.R.
REBAR
CAPPED
FOUND 112"
N 87'04'43" E 20.00,
REBAR
(CALLED N 8959'14" E)
I 1NNlN
y11YV
Z
SCALE I"= 40'
BASIS OF BEARINGS IS THE TEXAS STATE
PLANE .COORDINATE SYSTEM, TEXAS SOUTH
CENTRAL ZONE. CONVERGENCE 022123',
SCALE FACTOR a999953528, NAD 7983
ELEVATIONS ARE GPS DERIVED NAVD 88
NCIN/TY MAP
N. T S