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HomeMy WebLinkAboutRES 16-149RESOLUTION NO. 16-149 WHEREAS, Windchase Apartments, LLC has agreed to convey two (2) ten foot (10') wide water meter easements, said easements being a 0.0134 acre tract out of and part of Lots 10 and 11, Block 26, Lamar Addition and being a 0.0194 acre tract out of and part of Lot 8, Block 26, Lamar Addition as described and shown in Exhibit 111," attached hereto, to the City of Beaumont for the installation of individual water meters for each unit at the apartment complex located at 1140 and 1160 Oregon Avenue; 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 meter easements conveyed by Windchase Apartments, LLC, being a 0.0134 acre tract out of and part of Lots 10 and 11, Block 26, Lamar Addition and being a 0.0194 acre tract out of and part of Lot 8, Block 26, Lamar Addition 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 16th day of August, 2016. STATE OFTEXAS COUNTY OFJEFFERSON X X KNOW ALL MEN BY THESE PRESENTS: WATER METER EASEMENT THAT, WINDCHASE APARTMENTS, LLC, a Texas Limited Liability Corporation, 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 meter 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", 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 meters 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 "A" 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: By: Windchase Apartments, LLC a Texas Limited Liability Company, itsGeneral Partner By: Cramer & Walker Investments, Inc. a Texas Corporation, its sole member By: Printed Name: Alan Cramer Title: President 041 114 2[oil,Ma a 0Ze Mz 1 -1 STATE OFTEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2016, byAlan Cramer, President of Cramer & Walker Investments, Inc., a Texas Corporation, the sole member of Windchase Apartments, LLC, a Texas limited liability company, on behalf of said limited liability company. 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, TX77704 EXHIBIT "A" EASEMENT 1. Legal Description: 0.0134 Acre Water Meter Easement Out of and Part of Lots 10 and 11, Block 26 Lamar Addition Volume 6, Page 106, Map Records Beaumont, Jefferson County, Texas BEING a 0.0134 acre water meter easement out of and part of Lots 10 and 11, Block 26 of the Lamar Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 6, Page 106, Map Records, Jefferson County, Texas, and being out of and part of that certain tract of land being called Lots 7, 8, 9,10 and 11, Block 26 of the Lamar Addition, as described in a "Correction Warranty Deed" from Cramer & Walker Investments, Inc. to Windchase Apartments, LLC as recorded in Clerk's File No. 2008015849, Official Public Records of Real Property, Jefferson County, Texas, said 0.0134 acre water meter easement being more particularly described as follows: NOTE. All bearings are referenced to the North line of Block 26 as SOUTH 89°33'00" WEST as recorded according the above referenced final plat ofLamar Addition recorded in Volume 6, Page 106, Map Records, Jefferson County, Texas. COMMENCING at the Northeast corner of the said Lot 11, the same being the Northwest corner of Lot 12, Block 26 of the said Lamar Addition and being in the South right-of-way line of Oregon Avenue (based on a width of 60 feet) and from said comer a found 5/8" iron rod bears NORTH 33°49'43 EAST a distance of 0.86 feet and said corner bears SOUTH 89°33'00" WEST a distance of 50.02 feet from a 5/8" iron rod found the Northeast corner of the said Lot 12; THENCE SOUTH 89033'00" WEST, along and with the South right-of-way line of Oregon Avenue and the North line of the said Lot 11, for a distance of 43.31 feet to the POINT OF BEGINNING of the easement herein described; THENCE SOUTH 00027'00" EAST, for a distance of 46.76 feet to a point for corner; THENCE NORTH 89033'00" EAST, for a distance of 5.00 feet to a point for corner; THENCE SOUTH 00027'00" EAST, for a distance of 5.00 feet to a point for corner; THENCE SOUTH 89033'00" WEST, for a distance of 23.00 feet to a point for corner; THENCE NORTH 00027'00" WEST, for a distance of 5.00 feet to a point for corner; THENCE NORTH 89033'00" EAST, for a distance of 8.00 feet to a point for corner; THENCE NORTH 00027'00" WEST, for a distance of 46.76 feet to a point for corner, said corner being in the North line of the said Lot 10 and the South right-of-way line of Oregon Avenue; 101-4161 7II:\➢ MARK W. WHITELEY & ASSOCIATES, INC. THENCE NORTH 89033'00" EAST, along and with the South right-of-way line of Oregon Avenue and the North line of the said Lots 10 and 11, for a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0134 Acres, more or less. EASEMENT H Legal Description: 0.0194 Acre Water Meter Easement Out of and Part of Lot 8, Block 26 Lamar Addition Volume 6, Page 106, Map Records Beaumont, Jefferson County, Texas BEING a 0.0194 acre water meter easement out of and part of Lot 8, Block 26 of the Lamar Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 6, Page 106, Map Records, Jefferson County, Texas, and being out of and part of that certain tract of land being called Lots 7, 8, 9, 10 and 11, Block 26 of the Lamar Addition, as described in a "Correction Warranty Deed" from Cramer & Walker Investments, Inc. to Windchase Apartments, LLC as recorded in Clerk's File No. 2008015849, Official Public Records of Real Property, Jefferson County, Texas, said 0.0194 acre water meter easement being more particularly described as follows: NOTE. All bearings are referenced to the North line of Block 26 as SOUTH 89°33'00" WEST as recorded according the above referenced final plat of Lamar Addition recorded in Volume 6, Page 106, Map Records, Jefferson County, Texas. COMMENCING at the Northeast corner of the said Lot 11, the same being the Northwest corner of Lot 12, Block 26 of the said Lamar Addition and being in the South right-of-way line of Oregon Avenue (based on a width of 60 feet) and from said corner a found 5/8" iron rod bears NORTH 33°49'43" EAST a distance of 0.86 feet and said corner bears SOUTH 89°33'00" WEST a distance of 50.02 feet from a 5/8" iron rod found the Northeast corner of the said Lot 12; THENCE SOUTH 89033'00" WEST, along and with the South right-of-way line of Oregon Avenue and the North line of the said Block 26, for a distance of 154.78 feet to the POINT OF BEGINNING of the easement herein described; THENCE SOUTH 00027'00" EAST, over and across the said Lot 8, for a distance of 32.00 feet to a point for comer; THENCE NORTH 89033'00" EAST, for a distance of 3.00 feet to a point for corner; THENCE SOUTH 00027'00" EAST, for a distance of 5.00 feet to a point for comer; THENCE SOUTH 89033'00" WEST, for a distance of 40.64 feet to a point for corner; EXHIBIT "A" MARK W. WHITELEY & ASSOCIATES, INC THENCE NORTH 00027'00" WEST, for a distance of 5.00 feet to a point for corner; THENCE NORTH 89033'00" EAST, for a distance of 5.00 feet to a point for corner-, THENCE NORTH 00027'00" WEST, for a distance of 32.00 feet to a point for corner, said corner being in the South right-of-way line of Oregon Avenue and the North line of the said Lot 8; THENCE NORTH 89033'00" EAST, along and with the South right-of-way line of Oregon Avenue and the North line of the said Lot 8, for a distance of 10.00 feet to a point for corner; THENCE SOUTH 00027'00" EAST, for a distance of 32.00 feet to a point for corner; THENCE NORTH 89033'00" EAST, for a distance of 12.64 feet to a point for corner; THENCE NORTH 00027'00" WEST, for a distance of 32.00 feet to a point for corner, said corner being in the South right-of-way line of Oregon Avenue and the North line of the said Lot 8; THENCE NORTH 89033'00" EAST, along and with the South right-of-way line of Oregon Avenue and the North line of the said Lot 8, for a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0194 Acres, more or less. Surveyed on July 13, 2016. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B"). Thomas S. Rowe, RPLS No. 5728 TBPLS Firm No.: 10106700 W A2016\ 16-932\ 16-932m&b. docx iNfiffiffi • MARK W WHITELEY & ASSOCIATES, INC. LJ LLI I- 0 z U O LINE BEARING DISTANCE L1 N89'33'00"E 5.00' L2 S00'27'00"E 5.00' L3 S89'33'00"W 23.00' L4 N0927'00"W 5.00' L5 N89'33'00"E 8.00' L6 N89°33'00"E 10.00' /(CALL S89'33'00"W 142.50') FND S89'33'00"W 142.54' FND 1 2" CALC. I. P14 CORNER EXHIBIT "B" REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION REFERENCE BEARING PER PLAT (CALL S89'33'00"W 441.40') FND S89'33'00"W 441.54' (CALL S89'33'00"W 248.90') FND S89'33'00"W 248.98' I I LOTS 7, 8, 9, 10 AND 11, BLOCK 26 r WINDCHASE APARTMENTS, LLCI CF. NO. 2008015849 OPRJ I 0 8 I °� g I 0 I I z i I I I I � L5 I I J I I TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. DATE SURVEYED: JULY 13, 2016 1142 e, OF r� 5��°•G\STE9F� 0 7HbI�AS S. ROW THOMAS S. ROWE — REGISTERED PROF St0N •°St OREGON AVENUE (60' ROW) S89°33'00"W 43.31' Co v v v v ti LLI 0 O N v°S 0 U) EASEMENT I 0.0134 ACRE WATER L1 METER EASEMENT CATI( VICINITY MAP (CALL S89'33'00"W 50.00') FND S89°33'00"W 50.02' CALCULATED CORNER FND 5/8" I. ROD BEARS N33'49'43"E 0.86' FND 5/8" I. ROD �N NOTE: J 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION L3 REGARDING OWNERSHIP OR TITLE. 2. 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. PARTNERS PAPS, LLC EASEMENTI FV��O SCALE: SHEET No.: 1 "—gn' 1 1 of 2 0.0134 ACRE WATER EASBA TrT I.D'MG MARK W. WHrrELEY AND ASSOCIATES INCORPORATED rTM.P-LS. ULTING INGDODD73, EYORS, AND PLWNIRS I= NO. 10106700 P. 0. = 5m METER EASEMENT OUT OF AND PART OF LOTS 10 AND 11, BLOCK 26 LAMAR ADDITION VOL. 6, PG. 106, MAP RECORDS BEAUMONT, JEFFERSON COUNTY, TEXAS LINE BEARING DISTANCE L1 S00'27'00"E 32.00' L2 N89'33'00"E 3.00' L3 S00'27'00"E 5.00' L4 S89'33'00"W 40.64' L5 N00'27'00"W 5.00' L6 N89'33'00"E 5.00' / (CALL S89'33'00"W 142.50') FND S89'33'00"W 142.54' OREGON AVENUE (60' ROW) FND 1/2" 1 EARING DISTANCE I CORNER I 00'27'00"W 32.00' 89'33'00"E 10.00' V 00'27'00"E 32.00' 89'33'00"E 12.64' 00'27'00"W 32.00' 89'33'00"E 10.00' OREGON AVENUE (60' ROW) FND 1/2" 1 CALC. I. PIPE I I I I CORNER I I I EXHIBIT "B" REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION REFERENCE BEARING PER PLAT (CALL S89'33'00"W 441.40') FND S89'33'00"W 441.54' (CALL S89'33'00"W 248.90') FND S89'33'00"W 248.98' L8 I IL12 I EASEMENT II 0.0194 ACRE WATER METER EASEMENT �L6 L10 J L4 I I LOTS 7, 8, 9, 10 AND 11, BLOCK 26 WINDCHASE APARTMENTS, LLC CF. NO. 2008015849 OTC I TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. DATE SURVEYED: JULY 13, 2016 ��..•oF•T�� 'L�•G%S T E,� •.'Q�a 5dti .................................... THOMAS S. ROWE _ THOMAS '0 5728 ' ^9n _ -4. No. 5728 S89'33'00 POB I 154.78' POC I I \.°j 9 I VON I I I I Oq0 OCATI( VICINITY MAP (CALL S89'33'00"W 50.00') FND S89'33'00"W 50.02' CALCULATED CORNER FND 5/8"' FND 5/8" I. ROD BEARS I. ROD N33'49'43"E 0.86' NOTE: 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TITLE. 2. 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. r RTNERS PAPS, LLCSCALE SHEET NEASEMENTIi 1 "=30' 2 of 2 0.0194 ACRE WATER FM- W.\2015\15-932\15-932METER EASEMENT M"1°'r "•D1G OUT OF AND PART OF WHITELEY ASSOCIATES LOT 8, BLOCK 26 INCORPORATED LAMAR ADDITION 7 MMMORS, MD LIND7PUNNES VOL. 6, PG. 106, MAP RECORDS URVMMNG AN, 7.B.P.LS. M NO. 10105700 BEAUMONT, JEFFERSON P. 0• =5M am zwm 7m. COUNTY, TEXAS ZUVlM40'0-7mZU-s0rmT* IN= _130 IV����I�NdI�NNdV� Eo,, 201602e070 STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER METER EASEMENT THAT, WINDCHASE APARTMENTS, LLC, a Texas Limited Liability Corporation, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND N0/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual, exclusive, water meter 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", 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 meters 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 l T day of 1, Lt q «A 2016. GRANTOR: By: Windchase Apartments, LLC a Texas Limited Liability Company, its General Partner By: Cramer & Walker Investments, Inc. a Texas Corporation, its sole member By 04j�" &4'0' Printed Name: Alan Cramer Title: President ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2016, by Alan Cramer, President of Cramer & Walker Investments, Inc., a Texas orporation, the sole member of Windchase Apartments, LLC, a Texas limited liability company, on behalf of said limited liability company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 7 day of— s/, 2016. vk ��RY Puti, DARA SUERU C Notary Public, Statea of of texas My Com _ = mission Expires October 05, 2019 RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 X6-1, lot j"A /1 .4 'ev L . /I I I Notary Public, State of P EXHIBIT "A" EASEMENT 1. Legal Description: 0.0134 Acre Water Meter Easement Out of and Part of Lots 10 and 11, Block 26 Lamar Addition Volume 6, Page 106, Map Records Beaumont, Jefferson County, Texas BEING a 0.0134 acre water meter easement out of and part of Lots 10 and 11, Block 26 of the Lamar Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 6, Page 106, Map Records, Jefferson County, Texas, and being out of and part of that certain tract of land being called Lots 7, 8, 9, 10 and 11, Block 26 of the Lamar Addition, as described in a "Correction Warranty Deed" from Cramer & Walker Investments, Inc. to Windchase Apartments, LLC as recorded in Clerk's File No. 2008015849, Official Public Records of Real Property, Jefferson County, Texas, said 0.0134 acre water meter easement being more particularly described as follows: NOTE: All bearings are referenced to the North line of Block 26 as SOUTH 89°33'00" WEST as recorded according the above referenced final plat of Lamar Addition recorded in Volume 6, Page 106, Map Records, Jefferson County, Texas. COMMENCING at the Northeast corner of the said Lot 11, the same being the Northwest corner of Lot 12, Block 26 of the said Lamar Addition and being in the South right-of-way line of Oregon Avenue (based on a width of 60 feet) and from said corner a found 5/8" iron rod bears NORTH 33°49'43" EAST a distance of 0.86 feet and said corner bears SOUTH 89°33'00" WEST a distance of 50.02 feet from a 5/8 iron rod found the Northeast corner of the said Lot 12; THENCE SOUTH 89033'00" WEST, along and with the South right-of-way line of Oregon Avenue and the North line of the said Lot 11, for a distance of 43.31 feet to the POINT OF BEGINNING of the easement herein described; THENCE SOUTH 0002700" EAST, for a distance of 46.76 feet to a point for corner; THENCE NORTH 89033'00" EAST, for a distance of 5.00 feet to a point for corner; THENCE SOUTH 00027'00" EAST, for a distance of 5.00 feet to a point for corner; THENCE SOUTH 89033'00" WEST, for a distance of 23.00 feet to a point for corner; THENCE NORTH 0002700" WEST, for a distance of 5.00 feet to a point for corner; THENCE NORTH 89033'00" EAST, for a distance of 8.00 feet to a point for corner; THENCE NORTH 00027'00" WEST, for a distance of 46.76 feet to a point for corner, said corner being in the North line of the said Lot 10 and the South right-of-way line of Oregon Avenue; EXHIBIT "A" MARK W. WHITELEY & ASSOCIATES, INC. THENCE NORTH 89033'00" EAST, along and with the South right-of-way line of Oregon Avenue and the North line of the said Lots 10 and 11, for a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0134 Acres, more or less. EASEMENT II Legal Description: 0.0194 Acre Water Meter Easement Out of and Part of Lot 8, Block 26 Lamar Addition Volume 6, Page 106, Map Records Beaumont, Jefferson County, Texas BEING a 0.0194 acre water meter easement out of and part of Lot 8, Block 26 of the Lamar Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 6, Page 106, Map Records, Jefferson County, Texas, and being out of and part of that certain tract of land being called Lots 7, 8, 9, 10 and 11, Block 26 of the Lamar Addition, as described in a "Correction Warranty Deed" from Cramer & Walker Investments, Inc. to Windchase Apartments, LLC as recorded in Clerk's File No. 2008015849, Official Public Records of Real Property, Jefferson County, Texas, said 0.0194 acre water meter easement being more particularly described as follows: NOTE. All bearings are referenced to the North line of Block 26 as SOUTH 89°33'00" WEST as recorded according the above referenced final plat of Lamar Addition recorded in Volume 6, Page 106, Map Records, Jefferson County, Texas. COMMENCING at the Northeast corner of the said Lot 11, the same being the Northwest corner of Lot 12, Block 26 of the said Lamar Addition and being in the South right-of-way line of Oregon Avenue (based on a width of 60 feet) and from said corner a found 5/8" iron rod bears NORTH 33°49'43" EAST a distance of 0.86 feet and said corner bears SOUTH 89°33'00" WEST a distance of 50.02 feet from a 5/8" iron rod found the Northeast corner of the said Lot 12; THENCE SOUTH 89033'00" WEST, along and with the South right-of-way line of Oregon Avenue and the North line of the said Block 26, for a distance of 154.78 feet to the POINT OF BEGINNING of the easement herein described; THENCE SOUTH 0002700" EAST, over and across the said Lot 8, for a distance of 32.00 feet to a point for corner; THENCE NORTH 89°33'00" EAST, for a distance of 3.00 feet to a point for corner; THENCE SOUTH 00027'00" EAST, for a distance of 5.00 feet to a point for corner; THENCE SOUTH 89033'00" WEST, for a distance of 40.64 feet to a point for corner; EXHIBIT "A" Page 2 of 3 MARK W. WHITELEY & ASSOCIATES, INC. THENCE NORTH 0002700" WEST, for a distance of 5.00 feet to a point for corner; THENCE NORTH 89033'00" EAST, for a distance of 5.00 feet to a point for corner; THENCE NORTH 00027'00" WEST, for a distance of 32.00 feet to a point for corner, said corner being in the South right-of-way line of Oregon Avenue and the North line of the said Lot 8; THENCE NORTH 89033'00" EAST, along and with the South right-of-way line of Oregon Avenue and the North line of the said Lot 8, for a distance of 10.00 feet to a point for corner; THENCE SOUTH 00027'00" EAST, for a distance of 32.00 feet to a point for corner; THENCE NORTH 89033'00" EAST, for a distance of 12.64 feet to a point for corner; THENCE NORTH 00027'00" WEST, for a distance of 32.00 feet to a point for corner, said corner being in the South right-of-way line of Oregon Avenue and the North line of the said Lot 8; THENCE NORTH 89033'00" EAST, along and with the South right-of-way line of Oregon Avenue and the North line of the said Lot 8, for a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0194 Acres, more or less. Surveyed on July 13, 2016. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B"). oTf ;C•p'Q a ---------------- Thomas S. Rowe, RPLS No. 5728 THOMAS S. ROVE N 2$TBPLS Firm No.: 10106700R0!'P W A2016\ 16-932\16-932m&b.docx EXHIBIT "A'1 MARK W. WHITELEY & ASSOCIATES, INC. LINE BEARING DISTANCE L1 N89.33'00"E 5.00' L2 S00'27'00"E 5.00' L3 S89'33'00"W 23.00' L4 N00'27'00"W 5.00' L5 N89'33'00"E 8.00, L6 N89-33.00"E 10.00' /(CALL S89'33'00"W 142.50') FND S89'33'00"W 142.54' FND 1 2" CALC. I. PIE CORNER EXHIBIT "B" REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION REFERENCE BEARING PER PLAT (CALL S89'33'00"W 441.40') FND S89'33'00"W 441.54' (CALL S89'33'00"W 248.90') FND S89'33'00"W 248.98' I I I LOTS 7, $, 9, 10 AND 11, BLOCK 26 ti WINDCHASE APARTMENTS, LLCI CF. NO. 2008015849 It OPRJC 1 ?: I I � L5 I I I J L3 I I I '�0 I TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. DATE SURVEYED: JULY 13, 2016 ........ :e .. TH®�AS S. ROWE .. e . ...,6728 .... . ,... 4AS S. ROWE — REGISTERED PROFI3SSM4 •!CRY OR No. 5728 OREGON AVENUE (60' ROW) S89'33'00"W 43.31' ZONPOB POCK' 0 o � N O CD C/) EASEMENT I 0.0134 ACRE WATER METER EASEMENT L1 VICINITY MAP (CALL S89'33'00"W 50.00') FND S89'33'00"W 50.02' CALCULATED CORNER FND 5/8" FND 5/8" I. ROD BEARS I. ROD N33'49'43"E 0.86' NOTE: 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TITLE. 2. 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. VALERO PARTNERS PAPS, LLC EASEMENT I t BY: Coo SCALE I SHEET No.: x: ACAD 2016 1 "=20' 1. 1 of 2 0.0134 ACRE WATER a No. nE: W:\2016\16-932\16-932 METER EASEMENT 16-932 1 MUM t•W MARK W. WHITELEY OUT OF AND PART OF AND ASSOCIATES LOTS 10 AND 11, BLOCK 26 INCORPORATED LAMAR ADDITION CONSIAORS, AND PIN VOL. 6, PG. 106, MAP RECORDS 3URYEYOR4, AND PLNNER9 r.e.Pa.s. MW NO. 10106700 BEAUMONT, JEFFERSON .. t 6N. 6�eo tl�era �..*• COUNTY, TEXAS taa9ro�r��-e+a-6�a p�lo9-e�°w �s�NO° LINE BEARING DISTANCE L1 S00'27'00"E 32.00' L2 N89'33'00"E 3.00' L3 S00'27'00"E 5.00' L4 S89'33'00"W 40.64' L5 N00'27'00"W 5.00' L6 N89'33'00"E 5.00' LINE BEARING DISTANCE L7 N00'27'00"W 32.00' L8 N89'33'00"E 10.00' L9 S00'27'00"E 32.00' L10 N89'33'00"E 12.64' L11 N00'27'00"W 32.00' L12 N89-33.00"E 10.00' OREGON AVENUE (60' ROW) (CALL S89'33'00"W 142.50') FND S89'33'00"W 142.54' FND 1/2" CALC. I. PIPPE CORNER w W U) Z 2 U O U EXHIBIT "B" REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION REFERENCE BEARING PER PLAT (CALL S89'33'00"W 441.40') FND S89'33'00"W 441.54' (CALL S89'33'00"W 248.90') FND S89'33'00"W 248.98' L8 I IL12 I EASEMENT II I J 0.0194 ACRE WATER METER EASEMENTL6 L10 � J L4 I I I LOTS 7, 8, 9, 10 AND 11, BLOCK 26 WINDCHASE APARTMENTS, LLC CF. NO. 2008015849 OTC TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: 1. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. DATE SURVEYED: JULY 13, 2016 OF c?dr�GS T ZqF4 tics° ...: ........ ...................... THOMAS S. ROWE �. .............6728 � THOI S. OWE — REGISTERED PROFES AIL:' • R No. 5728 J co J I S89'33'00"W 154.18' 1 1 POB PO I I I °qo kTIO VICINITY MAP (CALL S89'33'00"W 50.00') FND S89'33'00"W 50.02' CALCULATED CORNER FND 5/8" FND 5/8" I. ROD BEARS L ROD N33'49'43"E 0.86' I I I I I NOTE: 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TITLE. 2. 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. r RTNERS PAPS, LLC EASEMENTII WA1E: SHEET No.: 1"=30' 2 of 2 0.0194 ACRE WATER RE: W:\2016\16-932\16-932 METER EASEMENT EASEworr ll•WG x W 1�'ElZY OUT OF AND PART OF AND ASSOCIATES LOT 8, BLOCK 26 INCORPORATED LAMAR ADDITION cDNs ORS>DccD 3URPSYOA.9, AND PULINNER9 VOL. 6, PG. 106, MAP RECORDS URL.S. FM NO. 10108700 BEAUMONT, JEFFERSON 11. 0. a= 5m wo Ulm mm. COUNTY, TEXAS >staOro 4. e M P »� rr�6e 6�6. 3Z# .o e�°o� r3 --