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HomeMy WebLinkAboutRES 16-123RESOLUTION NO. 16-123 WHEREAS, Beaumont Place, LP has agreed to convey two (2) ten foot (10') wide water line easements, said easements being a 0.1524 acre of land out of and a part of Tracts 6-A and 7-A, Partition Map No. 1 situated in the McFaddin Trust and a 0.2271 acre of land out of and a part of Tracts 5-A, 6-A and 7-A, Partition Map No. 1 situated in the McFaddin Trust as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for the construction of new senior citizen apartments located at 4205 Sarah Street; 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') wide water line easements conveyed by Beaumont Place, LP, being a 00.1524 acre of land out of and a part of Tracts 6-A and 7-A, Partition Map No. 1 situated in the McFaddin Trust and a 0.2271 acre of land out of and a part of Tracts 5-A, 6-A and 7-A, Partition Map No. 1 situated in the McFaddin Trust as described and shown in Exhibit "1," 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 12th day of July, 2016. ti1, J91, - V llr-W�ellr - or Becky A es - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, BEAUMONT PLACE, LP, 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, a perpetual, exclusive, water line easement (the "Easement") to construct, alter, and maintain waterlines and related appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A Parts 1 and 2 & 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 lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the EXHIBIT 1" 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: Beaumont Place, LP a Texas Limited Partnership By: Beaumont Place GP, LLC, a Texas limited liability company, its General Partner By: Jehovah Jireh Village Community Development Center, Inc. a Texas nonprofit organization, its sole member By: Printed Name: Felicia Young Title: Executive Director STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT X X This instrument was acknowledged before me on this the day of , 2016, by Felicia Young, Executive Director of Jehovah Jireh Community Development Center, Inc., a Texas nonprofit corporation, the sole member of Beaumont Place GP, LLC, a Texas limited liability company, on behalf of said limited liability company as the general partner of BEAUMONT PLACE, LP, a Texas limited partnership, on behalf of said limited partnership. 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 EXHIBIT "A" (PART 1) 0.1524 ACRE OF LAND FOR WATERLINE EASEMENT PURPOSES OUT OF PARTITION MAP NO. 1, McFADDIN TRUST, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS BEING 0.1524 acre of land out of and a part of Tracts 6-A and 7-A, Partition Map No. 1, McFaddin Trust, recorded in Volume 7, Page 132, Map Records, Jefferson County, Texas; being part of a (Called 10.052) acre tract of land described in a Construction Deed of Trust, recorded in File No. 2016010787, Official Public Records, Jefferson County, Texas; said 0.1524 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a ''/2" steel rod, capped and marked "SOUTEX", found for the Northwest corner of a (Called 13.020) acre tract of land conveyed to Beaumont Grace Lake Townhomes, LP, recorded in File No. 2016036210, Official Public Records, Jefferson County, Texas, same being the Northeast corner of the 10.052 acre tract, on the South right of way line of a dedicated road named Sarah Street; THENCE, South 86 deg., 40 min., 34 sec., West, on the South right of way line of said Sarah Street, a distance of 21.92' to a'/2" steel rod found for point of curvature; THENCE, on the arc of a curve to the right having a radius of 535.00', an arc length of 44.12', a chord bearing of South 89 deg., 02 min., 43 sec., West, a chord distance of 44.11' to a point for corner being the POINT OF BEGINNING and Northeast corner of the herein described tract; having a State Plane Coordinate of N: 13959686.78, E: 3509666.29; THENCE, South 03 deg., 20 min., 02 sec., East, a distance of 215.78' to a point for corner; THENCE, North 86 deg., 39 min., 58 sec., East, a distance of 6.00' to a point for corner; THENCE, South 03 deg., 20 min., 02 sec., East, a distance of 10.00' to a point for corner; THENCE, South 86 deg., 39 min., 58 sec., West, a distance of 6.00' to a point for corner; THENCE, South 03 deg., 20 min., 02 sec., East, a distance of 270.31' to a point for corner; THENCE, North 86 deg., 39 min., 58 sec., East, a distance of 6.00' to a point for corner; THENCE, South 03 deg., 20 min., 02 sec., East, a distance of 10.00' to a point for corner; THENCE, South 86 deg., 39 min., 58 sec., West, a distance of 6.00' to a point for corner; THENCE, South 03 deg., 20 min., 02 sec., East, a distance of 69.54' to a point for corner; THENCE, North 86 deg., 39 min., 58 sec., East, a distance of 65.99' to a point for corner on the West line of the (Called 13.020) acre tract; THENCE, South 03 deg., 20 min., 02 sec., East, on the West line of the (Called 13.020) acre tract, a distance of 10.00' to a point for corner on the North line of a 20' wide Drainage District No. 6 Easement, recorded in Volume 1606, Page 190, Deed Records, Jefferson County, Texas; said point for corner being the Southeast corner of the herein described tract; from which a 1/2" steel rod, capped and marked "SOUTEX", found for the Southwest corner of the (Called 13.020) acre tract bears South 03 deg., 20 min., 02 sec., East, a distance of 196.56'; THENCE, South 86 deg., 39 min., 58 sec., West, on the North line of said 20' wide easement, a distance of 75.99' to a point for corner; THENCE, North 03 deg., 20 min., 02 sec., West, a distance of 586.55' to a point for corner on the South right of way line of said Sarah Street; said point for corner being the Northwest corner of the herein described tract; THENCE, on the are of a curve to the left having a radius of 535.00', an are length of 10.04', a chord bearing of South 88 deg., 03 min., 16 sec., East, a chord distance of 10.04' to the POINT OF BEGINNING and containing 0.1524 acre of land, more or less. Note: Bearings, distances, coordinates and acreage are based on State Plane Coordinate Grid System, Texas South -Central Zone, NAD 83 Epoch 2011 US Survey Feet. Reference to SmartNet North America. This description is based on a prior Survey made by Soutex Surveyors, Inc., dated January 1, 2015, and does not represent a current field survey. Anthony M. Leger, Registered Professional Land Surveyor No. 5481. City of Beaumont / Beaumont Place, LP LS -15-0004-A-1 EXHIBIT "A" (PART 2) 0.2271 ACRE OF LAND FOR WATERLINE EASEMENT PURPOSES OUT OF PARTITION MAP NO. 1, McFADDIN TRUST, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS BEING 0.2271 acre of land out of and a part of Tracts 5-A, 6-A and 7-A, Partition Map No. 1, McFaddin Trust, recorded in Volume 7, Page 132, Map Records, Jefferson County, Texas; being part of a (Called 10.052) acre tract of land described in a Construction Deed of Trust, recorded in File No. 2016010787, Official Public Records, Jefferson County, Texas; said 0.2271 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a 1/z" steel rod, capped and marked "SOUTEX", found for the Northwest corner of a (Called 13.020) acre tract of land conveyed to Beaumont Grace Lake Townhomes, LP, recorded in File No. 2010036210, Official Public Records, Jefferson County, Texas; same being the Northeast corner of the 10.052 acre tract on the South right of way line of a dedicated road named Sarah Street; THENCE, South 86 deg., 40 min., 34 sec., West, on the South right of way line of said Sarah Street, a distance of 21.92' to a %" steel rod found for point of curvature; THENCE, on the arc of a curve to the right having a radius of 535.00', an arc length of 44.12', a chord bearing of South 89 deg., 02 min., 43 sec., West, a chord distance of 44.11' to a point for corner being the Northeast corner of a 0.1524 acre tract surveyed this date as Part One of this proposed waterline easement; THENCE, continuing on the South right of way line of said Sarah Street on the are of a curve to the right having a radius of 535.00', an arc length of 10.04', a chord bearing of North 88 deg., 03 min., 16 sec., West, a chord distance of 10.04' to a point being the Northwest corner of the 0.1524 acre tract; THENCE, South 03 deg., 20 min., 02 sec., East, on the West line of the 0.1524 acre tract, a distance of 78.20' to point for corner being the POINT OF BEGINNING and Northeast corner of the herein described tract; THENCE, South 03 deg., 20 min., 02 sec., East, continuing on the West line of the 0.1524 acre tract, a distance of 10.00' to a point for corner; THENCE, South 86 deg., 39 min., 58 sec., West, a distance of 30.47' to a point for corner; THENCE, South 76 deg., 29 min., 54 sec., West, a distance of 264.06' to a point for corner; THENCE, South 03 deg., 20 min., 02 sec., East, a distance of 373.30' to a point for corner; THENCE, North 86 deg., 39 min., 58 sec., East, a distance of 290.38' to a point for corner on the West line of a 0.1524 acre tract; THENCE, South 03 deg., 20 min., 02 sec., East, on the West line of the 0.1524 acre tract, a distance of 10.00' to a point for corner being the Southeast corner of the herein described tract; THENCE, South 86 deg., 39 min., 58 sec., West, a distance of 300.38' to a point for corner; THENCE, North 03 deg., 20 min., 02 sec., West, a distance of 12.31' to a point for corner; THENCE, South 86 deg., 39 min., 58 sec., West, a distance of 6.00' to a point for corner; THENCE, North 03 deg., 20 min., 02 sec., West, a distance of 10.00' to a point for corner; THENCE, North 86 deg., 39 min., 58 sec., East, a distance of 6.00' to a point for corner; THENCE, North 03 deg., 20 min., 02 sec., West, a distance of 269.11' to a point for corner; THENCE, South 86 deg., 39 min., 58 sec., West, a distance of 6.00' to a point for corner; THENCE, North 03 deg., 20 min., 02 sec., West, a distance of 10.00' to a point for comer; THENCE, North 86 deg., 39 min., 58 sec., East, a distance of 6.00' to a point for corner; THENCE, North 03 deg., 20 min., 02 sec., West, a distance of 90.25' to a point for corner; THENCE, North 76 deg., 29 min., 54 sec., East, a distance of 273.31' to a point for corner; THENCE, North 86 deg., 39 min., 58 sec., East, a distance of 31.36' to the POINT OF BEGINNING and containing 0.2271 acre of land more or less. Note: Bearings, distances, coordinates and acreage are based on State Plane Coordinate Grid System, Texas South -Central Zone, NAD 83 Epoch 2011 US Survey Feet. Referenced to SmartNet North America. This description is based on a prior Survey made by Soutex Surveyors, Inc., dated January 1, 2015, and does not represent a current field survey. Anthony M. Leger, Registered Professional Land Surveyor No. 5481. � E OF 7- City of Beaumont / Beaumont Place, LP F. LS -15-0004-A-2 � ..... ANTHON .`��, • 5 JM1•,P Off• SURVE CURVE TABLE CURVE N0. D. BRC. CHO. DIST. RAD. ARC C7 S 897)2'43• W 44.11' 535.00' 44.12' C2 S BBW'16' E 10.04' 535.00' 10.04' ONE TABLE IN UNE N0. BEARING DISTANCE Li S 0370'02' E 215.78' L2 N 8879'58' E 8.00' L3 S 0370'02' E 10.00' L4 S 8679158' W 6.00' LS S 0380'02" E 270.31' LB N 88'39'58" E 6.00' L7 S 0380'02" E 10.00' L8 S 8679'58" W 8.00' L9 S 0380'02' E 69.54' LID N 86'39'58' E 65.99' Lit S 0380'027 E 10.00' L12 S 86'39'58' W 75.99' L13 N 0320'02' W 586.55' L14 S 0380'02" E 10.00' LIS S 8679'56" W 30.47 LIS S 7629'54" W 264.06' L17 5 0320'02• E 373.30' CURVE TABLE CURVE N0. D. BRC. CHO. DIST. RAD. ARC C7 S 897)2'43• W 44.11' 535.00' 44.12' C2 S BBW'16' E 10.04' 535.00' 10.04' ONE TABLE IN UNE NO. BEARING DISTANCE LIS N 8679'58' E 290.38' US S 03'20'02' E 10.00' L20 S 867956" W 300.38' L21 N 0380'02" W 12.31' L22 S 86'39'56" W $.D0' L23 N 03"20'02" W 10.00' L24 N 86'39'56' E 8.00' L25 N 037602" W 269.11' L26 S 8679'58' W 8.00' L27 N 0380'02' W 10.00' L28 N 867958' E 6.00' L29 N 0320'02' W 90.25' L30 N 76'29'3"4" E 273.31' L31 N 86'39'58" E 31.36' CURVE TABLE CURVE N0. D. BRC. CHO. DIST. RAD. ARC C7 S 897)2'43• W 44.11' 535.00' 44.12' C2 S BBW'16' E 10.04' 535.00' 10.04' / / \ N: 13959688.79 /`------T------\_ E: 3509732.2B 1�p �yj� S 0320.02' E 78.20'- / / V POINT OF BEGINNING SOUS R.O.W. L NE PART 2 "3959609.05 POINT OF 6.3509660.80 Lit BEGINNING PART 1 �j� gyp• yQ�' / L30 L7 5 N: 13959686.78 E: 3509666.29 o w Q -jN oAo , �SN0 r NN c W W i J U Ly L) I U / I PART OF TRACT 7-A / PARTITION MAP NO. 1 N \ MCFADDIN TRUST I (/ L28 \ �L2 I I L27 / a L26- `L4 �� PMT OF \ I ,Y. add I TRACT 8-A \ J I I �qyb� n I I Nona PART 1 Wye N 0.1524 ACRE OF LAND \ I �0° PMT aP I PART OF PARTITION MAP N0. 1 TRACT 5-A MCFADDIN TRUST N o i I JEFFERSON COUNTY, TEXAS I L24 I 6 L23 L18 ' L20 Lig m L8 10.052 ACRES J 1 CONSTRUCTION 787�a RMST Llo w �So_o QWJN U Nwwo-i OU' �O M�-ml . ZZZZr5 N '99 0 a� U 07 --------------------------- ----- - - - - - - - - - - - - - - - �z i Im I PART 2 20' WOE D.D. 08 DRAINAGE EASEMENT 0.2271 ACRE OF LAND VOL 1606, PG. 190• D.R.J.C. Li I I I PART OF PARTITION MAP NO. 1 MCFADDIN TRUST oi JEFFERSON COUNTY, TEXAS i I a I FOUND 1, W STEEL R e.011 ACRES CAPPED " n BEAUMONT PUCE DEVELOPER, LLC WyW I F./ 2016011D27, O.P.R..LC. OF S I P" -p%5T1 A,=E I yr: Q �k ANTHONY A 54E NOTES I. BEARINGS, DISTANCES, COORDINATES & ACREAGE ARE BASED ON STATE PLANE COORDINATE GRID SYSTEM, TEXAS -SOUTH CENTRAL ANTHO- - M. ZONE. N T.kD NORTH CH 20CA US SURVEY FEET. REFERENCED TO REGIS 2. METES AND BOUNDS TO ACCOMPANY SURVEY OF EVEN OATS Iw N IN O r O CALLED 7.802 ACRES ;-I• PART OF LOT 8 o'i901 I ANTIOCH MISSIONARY = POINT OF _ EOER OF BEAUMONT, TEXAS •• ••••' I SAR SURVEYORS F•2' ENGINEERS COMMENCING CITY OF BEAUMONT / / \•/ S \ FFT S 86.40.34• W 21.92' FOUND 1/2" PART 1& 2 FOUND AML / PART S- TRACT 8-A / \ STEEL ROD OD OD STEEL ROD CAPPED 'SOUTEX" / / \ N: 13959688.79 /`------T------\_ E: 3509732.2B 1�p �yj� S 0320.02' E 78.20'- / / V POINT OF BEGINNING SOUS R.O.W. L NE PART 2 "3959609.05 POINT OF 6.3509660.80 Lit BEGINNING PART 1 �j� gyp• yQ�' / L30 L7 5 N: 13959686.78 E: 3509666.29 o w Q -jN oAo , �SN0 r NN c W W i J U Ly L) I U / I PART OF TRACT 7-A / PARTITION MAP NO. 1 N \ MCFADDIN TRUST I (/ L28 \ �L2 I I L27 / a L26- `L4 �� PMT OF \ I ,Y. add I TRACT 8-A \ J I I �qyb� n I I Nona PART 1 Wye N 0.1524 ACRE OF LAND \ I �0° PMT aP I PART OF PARTITION MAP N0. 1 TRACT 5-A MCFADDIN TRUST N o i I JEFFERSON COUNTY, TEXAS I L24 I 6 L23 L18 ' L20 Lig m L8 10.052 ACRES J 1 CONSTRUCTION 787�a RMST Llo w �So_o QWJN U Nwwo-i OU' �O M�-ml . ZZZZr5 N '99 0 a� U 07 --------------------------- ----- - - - - - - - - - - - - - - - �z i Im I PART 2 20' WOE D.D. 08 DRAINAGE EASEMENT 0.2271 ACRE OF LAND VOL 1606, PG. 190• D.R.J.C. Li I I I PART OF PARTITION MAP NO. 1 MCFADDIN TRUST oi JEFFERSON COUNTY, TEXAS i I a I FOUND 1, W STEEL R e.011 ACRES CAPPED " n BEAUMONT PUCE DEVELOPER, LLC WyW I F./ 2016011D27, O.P.R..LC. OF S I P" -p%5T1 A,=E I yr: Q �k ANTHONY A 54E NOTES I. BEARINGS, DISTANCES, COORDINATES & ACREAGE ARE BASED ON STATE PLANE COORDINATE GRID SYSTEM, TEXAS -SOUTH CENTRAL ANTHO- - M. ZONE. N T.kD NORTH CH 20CA US SURVEY FEET. REFERENCED TO REGIS 2. METES AND BOUNDS TO ACCOMPANY SURVEY OF EVEN OATS Iw N IN O r O CALLED 7.802 ACRES ;-I• PART OF LOT 8 o'i901 I ANTIOCH MISSIONARY = BAPTIST CHURCH _ EOER OF BEAUMONT, TEXAS •• ••••' I F. / 2010033836 SURVEYORS F•2' ENGINEERS O.P.R.J.C. LAND SURVEYOR NO. 5481 PMT 1 - 0.1524 ACRE OF LAND FOR WATERLINE EASEMENT 15-0004-A 3737 Doctors Drive PURPOSES, PART OF TRACTS S-A AND 7-A, PMT 2 - 0.2271 ACRE OF LAND, PMT OF TRACTS 5-A, 6-A AND 7-A 1" = TOO PortArtkur, Te:... 77642 PARTITION MAP NO. I. MCFADDIN TRUST, VOL 7. PG. 132 A 6/17/16 • TeL 409.983.2004 MAP RECORDS JEFFERSON COUNTY. TEXAS ­CT SURVEYORS F•2' ENGINEERS F-409.983.2005 CITY OF BEAUMONT WECU By- AML EEi 1 OF 1 - TB.P.E FlRM /5755 T.8 T.XLS. FIRM #10123800 OR2NIS WI S 2016023409 EAS STATE OF TEXAS COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS: /M WATER LINE EASEMENT THAT, BEAUMONT PLACE, LP, 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, a perpetual, exclusive, water line easement (the "Easement") to construct, alter, and maintain waterlines and related appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A Parts 1 and 2 & 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 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: Beaumont Place, LP a Texas Limited Partnership By: Beaumont Place GP, LLC, a Texas limited liability company, its General Partner By: Jehovah Jireh Village Community Development Center, Inc. a Texas nonprofit organization, its sole member By: Ox Printed Name: Felicia Young Title: Executive Director ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the 619 day of 2016, by Felicia Young, Executive Director of Jehovah Jireh Community Dev46pAxInt Center, Inc., a Texas nonprofit corporation, the sole member of Beaumont Place GP, LLC, a Texas limited liability company, on behalf of said limited liability company as the general partner of BEAUMONT PLACE, LP, a Texas limited partnership, on behalf of said limited partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this,4 day of 77), 2016. RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 ,��;t" •":b.,, JEWEL G. COOPER Notary PUbiiC, St 1 State of Texas My Commission Expires July 25, 2017 EXHIBIT "A" (PART 1) 0.1524 ACRE OF LAND FOR WATERLINE EASEMENT PURPOSES OUT OF PARTITION MAP NO. 1, McFADDIN TRUST, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS BEING 0.1524 acre of land out of and a part of Tracts 6-A and 7-A, Partition Map No. 1, McFaddin Trust, recorded in Volume 7, Page 132, Map Records, Jefferson County, Texas; being part of a (Called 10.052) acre tract of land described in a Construction Deed of Trust, recorded in File No. 2016010787, Official Public Records, Jefferson County, Texas; said 0.1524 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a ''V2" steel rod, capped and marked "SOUTEX", found for the Northwest corner of a (Called 13.020) acre tract of land conveyed to Beaumont Grace Lake Townhomes, LP, recorded in File No. 2016036210, Official Public Records, Jefferson County, Texas, same being the Northeast corner of the 10.052 acre tract, on the South right of way line of a dedicated road named Sarah Street; THENCE, South 86 deg., 40 min., 34 sec., West, on the South right of way line of said Sarah Street, a distance of 21.92' to a'/2" steel rod found for point of curvature; THENCE, on the arc of a curve to the right having a radius of 535.00', an arc length of 44.12', a chord bearing of South 89 deg., 02 min., 43 sec., West, a chord distance of 44.1 V to a point for corner being the POINT OF BEGINNING and Northeast corner of the herein described tract; having a State Plane Coordinate of N: 13959686.78, E: 3509666.29; THENCE, South 03 deg., 20 min., 02 sec., East, a distance of 215.78' to a point for corner; THENCE, North 86 deg., 39 min., 58 sec., East, a distance of 6.00' to a point for corner; THENCE, South 03 deg., 20 min., 02 sec., East, a distance of 10.00' to a point for corner; THENCE, South 86 deg., 39 min., 58 sec., West, a distance of 6.00' to a point for corner; THENCE, South 03 deg., 20 min., 02 sec., East, a distance of 270.31' to a point for comer; THENCE, North 86 deg., 39 min., 58 sec., East, a distance of 6.00' to a point for corner; THENCE, South 03 deg., 20 min., 02 sec., East, a distance of 10.00' to a point for comer; THENCE, South 86 deg., 39 min., 58 sec., West, a distance of 6.00' to a point for corner; THENCE, South 03 deg., 20 min., 02 sec., East, a distance of 69.54' to a point for corner; THENCE, North 86 deg., 39 min., 58 sec., East, a distance of 65.99' to a point for corner on the West line of the (Called 13.020) acre tract; THENCE, South 03 deg., 20 min., 02 sec., East, on the West line of the (Called 13.020) acre tract, a distance of 10.00' to a point for corner on the North line of a 20' wide Drainage District No. 6 Easement, recorded in Volume 1606, Page 190, Deed Records, Jefferson County, Texas; said point for corner being the Southeast corner of the herein described tract; from which a''/2" steel rod, capped and marked "SOUTEX", found for the Southwest corner of the (Called 13.020) acre tract bears South 03 deg., 20 min., 02 sec., East, a distance of 196.56'; THENCE, South 86 deg., 39 min., 58 sec., West, on the North line of said 20' wide easement, a distance of 75.99' to a point for comer; THENCE, North 03 deg., 20 min., 02 sec., West, a distance of 586.55' to a point for corner on the South right of way line of said Sarah Street; said point for corner being the Northwest corner of the herein described tract; THENCE, on the are of a curve to the left having a radius of 535.00', an arc length of 10.04', a chord bearing of South 88 deg., 03 min., 16 sec., East, a chord distance of 10.04' to the POINT OF BEGINNING and containing 0.1524 acre of land, more or less. Note: Bearings, distances, coordinates and acreage are based on State Plane Coordinate Grid System, Texas South -Central Zone, NAD 83 Epoch 2011 US Survey Feet. Reference to SmartNet North America. This description is based on a prior Survey made by Soutex Surveyors, Inc., dated January 1, 2015, and does not represent a current field survey. Anthony M. Leger, Registered Professional Land Surveyor No. 5481. City of Beaumont / Beaumont Place, LP C"NfH LS-15-0004-A-1ONY M. LE �E1 SU EXHIBIT "A" (PART 2) 0.2271 ACRE OF LAND FOR WATERLINE EASEMENT PURPOSES OUT OF PARTITION MAP NO. 1, McFADDIN TRUST, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS BEING 0.2271 acre of land out of and a part of Tracts 5-A, 6-A and 7-A, Partition Map No. 1, McFaddin Trust, recorded in Volume 7, Page 132, Map Records, Jefferson County, Texas; being part of a (Called 10.052) acre tract of land described in a Construction Deed of Trust, recorded in File No. 2016010787, Official Public Records, Jefferson County, Texas; said 0.2271 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a 1/2" steel rod, capped and marked "SOUTEX", found for the Northwest corner of a (Called 13.020) acre tract of land conveyed to Beaumont Grace Lake Townhomes, LP, recorded in File No. 2010036210, Official Public Records, Jefferson County, Texas; same being the Northeast corner of the 10.052 acre tract on the South right of way line of a dedicated road named Sarah Street; THENCE, South 86 deg., 40 min., 34 sec., West, on the South right of way line of said Sarah Street, a distance of 21.92' to a %" steel rod found for point of curvature; THENCE, on the arc of a curve to the right having a radius of 535.00', an arc length of 44.12', a chord bearing of South 89 deg., 02 min., 43 sec., West, a chord distance of 44.11' to a point for corner being the Northeast corner of a 0.1524 acre tract surveyed this date as Part One of this proposed waterline easement; THENCE, continuing on the South right of way line of said Sarah Street on the arc of a curve to the right having a radius of 535.00', an are length of 10.04', a chord bearing of North 88 deg., 03 min., 16 sec., West, a chord distance of 10.04' to a point being the Northwest corner of the 0.1524 acre tract; THENCE, South 03 deg., 20 min., 02 sec., East, on the West line of the 0.1524 acre tract, a distance of 78.20' to point for corner being the POINT OF BEGINNING and Northeast corner of the herein described tract; THENCE, South 03 deg., 20 min., 02 sec., East, continuing on the West line of the 0. 15 24 acre tract, a distance of 10.00' to a point for corner; THENCE, South 86 deg., 39 min., 58 sec., West, a distance of 30.47' to a point for corner; THENCE, South 76 deg., 29 min., 54 sec., West, a distance of 264.06' to a point for corner; THENCE, South 03 deg., 20 min., 02 sec., East, a distance of 373.30' to a point for corner; THENCE, North 86 deg., 39 min., 58 sec., East, a distance of 290,38' to a point for corner on the West line of a 0.1524 acre tract; THENCE, South 03 deg., 20 min., 02 sec., East, on the West line of the 0.1524 acre tract, a distance of 10.00' to a point for corner being the Southeast corner of the herein described tract; THENCE, South 86 deg., 39 min., 58 sec., West, a distance of 300.38' to a point for corner; THENCE, North 03 deg., 20 min., 02 sec., West, a distance of 12.31' to a point for comer; THENCE, South 86 deg., 39 min., 58 sec., West, a distance of 6.00' to a point for corner; THENCE, North 03 deg., 20 min., 02 sec., West, a distance of 10.00' to a point for corner; THENCE, North 86 deg., 39 min., 58 sec., East, a distance of 6.00' to a point for corner; THENCE, North 03 deg., 20 min., 02 sec., West, a distance of 269.11' to a point for corner; THENCE, South 86 deg., 39 min., 58 sec., West, a distance of 6.00' to a point for corner; THENCE, North 03 deg., 20 min., 02 sec., West, a distance of 10.00' to a point for comer; THENCE, North 86 deg., 39 min., 58 sec., East, a distance of 6.00' to a point for corner; THENCE, North 03 deg., 20 min., 02 sec., West, a distance of 90.25' to a point for corner; THENCE, North 76 deg., 29 min., 54 sec., East, a distance of 273.31' to a point for corner; THENCE, North 86 deg., 39 min., 58 sec., East, a distance of 31.36' to the POINT OF BEGINNING and containing 0.2271 acre of land more or less. Note: Bearings, distances, coordinates and acreage are based on State Plane Coordinate Grid System, Texas South -Central Zone, NAD 83 Epoch 2011 US Survey Feet. Referenced to SmartNet North America. This description is based on a prior Survey made by Soutex Surveyors, Inc., dated January 1, 2015, and does not represent a current field survey. Anthony M. Leger, Registered Professional Land Surveyor No. 5481. O.F. City of Beaumont /Beaumont Place, LP �.......... LS-15-0004-A-2 ....�NTI-ION 9-•' �apv:4 LINE TABLE LINE NO, BEARING DISTANCE Ll S 0320'02' E 215.78' L2 N 8639'S8' E 6.00' 13 S 0320'02' E 10.00' L4 S 8639'58' W 6.00, L5 S 0320'02' E 270.31- LB N 8539'58' E 6.00' L7 S 0320.02- E 10.00- L8 S 85'39'58' W 6.00, L9 S 0320'02' E 69.54' L10 N 86'39'58' E 65.99- L11 S 0320'02' E 10.00' L12 S 86'39'58" W 75.99' L13 N 0320'02- W 586.55, L14 S 0320'02" E 10.00' L15 S 8639'58' W 30.4Y L16 S 7629'54" W 264.06' 1-17 S 0320'02" E 373.30' LINE TABLE UNE NO. BEARING DISTANCE L18 N 8639'58" E 290.38' LID S 0320102" E 10.00' L20 S 86'39'58" W 300.38' L21 N 0320'02" W 12.31' L22 S 8639'58" W 6.00' L23 N 0320'02' W 10.00' L24 N B639'58" E 6-DO' L25 N 0320'02" W 269.H' L26 S 8539'58' W 6.00, L27 N 032V02' W 10.00' L28 N 86'39'58' E 6.00' L29 N 0320'02" W 90.25' L30 N 7629'54" E 273.31' L31 N 86'39'58' E 31.36' CURVE TABLE CURVE NO. I D. BRG. CHD. DIST. I RAD. ARC C1 S 89T12'43" W 1 44.11' 535.00' 44.12' C2 S 88'0P16' E 1 10.04' 535.00' 10.04' / POINT OF SARgH PART OF / TRACT 6-A S �FFT / \ S 86'40'34" W 21.92' FOUND 1/2" STEEL ROD PART 1 &N2 STEEL RODFOUND CAPPED 'SOUTEX" N: 13959688.79 /-------T------\ E: 3509732.28 �� C2 Cl �rypl / S 0320'02' E 78.20' - / SOUTH R.O.W. LINE POINT OF BEGINNING PART 2 N:13959609. 5 I POINT OF / E:350966o.8o L31 BEGINNING Ll4 I PART 1 CD pJ Q�* / / L30 L15 N:13959686.78 E s 0 P / ::i E:3509666.29 0-1 LA6 PART OF TRACT 7-A N PARTMON MAP N0. MCC \ MCFADDIN TRUST 1 L28 J -L2 / L27 I 1 2 d L26-/PART `-L4 I I ACC U OF K K too I I TRACT 6-A I \� wwJ Z�Mo I I I �xm= n PART 1 ¢mom I Woaa o < I I 0.1524 ACRE OF LAND I J I PART OF PARTITION MAP NO. 1 PART of TMCT5-A MCFADDIN TRUST a I no�� o JEFFERSON COUNTY, TEXAS I r > I I I I L24 L6 I L23 L18 � o w < J Q¢O L) o G O M JOK V100- O N O O J F f U F I L20 L19 m L8 I I J I I CON5IAUC'T O�t12 DE D OF TRUST F.1 2015010797. O.P.R.1C. L1 D L---1--------------------------- �Tz - -I - - - - - - - - - - - ----------------------------- m I PART 2 20' WADE D.D. #6 DRAINAGE EASEMENT 02271 ACRE OF LAND VOL 1606, G. 190, D.R.J.C. PART OF PARTITION MAP NO. 1 MCFADDIN TRUST JEFFERSON COUNTY, TEXAS I�� �D Ira I I FOUND 1 w a' > I 8.011 ACRES STEEL RO CAPPED "SO T\EX F w I BEAUMONT PLACE DEVELOPER, LLC I F.# 2016011D27, O.P.R.J.C. -Q+j c ANTHONY M- ( 5481 LL- - CAED 7.802 ACRES :-}- PART OF LOT 8 Y:9S I ANTIOCH MISSIONARY BAPTIST CHURCH -GER OF BEAUMONT. TEXAS F. f 2010033836 I - �.. 0.P.R.J. C. a NOTES: 1. BEARINGS, DISTANCES, COORDINATES & ACREAGE ARE BASED ON STATE PLANE COORDINATE GRID SYSTEM, TEXAS -SOUTH CENTRAL ANTHO M. R ZONE NORTH EPOCH A ERICA. US SURVEY FEET. REFERENCED TO REGIST PROF SSIONAL LAND SURVEYOR NO. 5481 2. METES AND BOUNDS TO ACCOMPANY SURVEY OF EVEN DATE. PART 1 - 0,1524 ACRE OF LAND FOR WATERLINE EASEMENT 15-0004-A 3737 DOCfO[E Drive PURPOSES, PAROF TRACTS a -A AND 7-A, PART 2 - 0.2271 T ACRE OF PART OF TRACTS 5-A, 6-A AND 7-A 1" = tOO' 0 Port Arthur, Te 77642 PARTITION MAP NO. I. MCFADDIN TRUST, VOL 7, PC. 132 S= Te1.409.983.2004 MAP RECORDS JEFFERSON COUNTY. TEXAS 6/17/16 Boscr SURVEYORS & ENGINEERS F".409.983.2005 CITY OF BEAUMONT rra¢D B souteu -garscom _ AML T.B.P.E FIRM #5755 T.XLS. FIRM #10123800 1 OF 1