Loading...
HomeMy WebLinkAboutRES 17-024RESOLUTION NO. 17-024 WHEREAS, Hillebrandt Development has agreed to convey one (1) five foot (5') wide exclusive water line easement, said easement being a 0.0352 acre tract situated in the H. Williams League, Abstract No. 56, as described and shown in Exhibit "1," attached hereto, and one (1) ten foot (10') wide exclusive sanitary sewer easement, said easement being a 0.0471 acre tract situated in the H. Williams League, Abstract No. 56, as described and shown in Exhibit "2," attached hereto, to the City of Beaumont for the construction of a new furniture store located at 6055 Folsom Road; 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 one (1) five foot (5') wide exclusive water line easement conveyed by Hillebrandt Development, being a 0.0352 acre tract situated in the H. Williams League, Abstract No. 56, as described and shown in Exhibit "1," attached hereto, and one (1) ten foot (10') wide exclusive sanitary sewer easement, being a 0.0471 acre tract situated in the H. Williams League, Abstract No. 56, as described and shown in 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 7th day of February, 2017. of/ - Ma r Becky Ames - 1844 ''� STATE OF TEXAS X COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, HILLEBRANDT DEVELOPMENT., a Texas joint venture, 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 Water Line Easement and the exclusive 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 Exhibits "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 EXHIBIT 1" purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 2017. GRANTOR: HILLEBRANDT DEVELOPMENT, a Texas joint venture BY: Parigi Property Management, Ltd., a Texas limited partnership, joint venture and Managing Agent BY: Parigi Investments, Inc., a Texas corporation, general partner Sam C. Parigi, Jr., Its President GRANTEE: CITY OF BEAUMONT BY: Name: Kyle Hayes Title: City Manager ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on this the day of , 2017, by Sam C. Parigi, Jr., President of Parigi Investments, Inc., a Texas corporation, on behalf of said corporation, general partner on behalf of Parigi Property Management, Ltd., a Texas limited partnership, joint venture and Managing Agent on behalf of Hillebrandt Development, a Texas joint venture. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this day of , 2017, by Kbyes, City Manager of the City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, on behalf of said municipal corporation. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" Legal Description: 0.0352 Acre Waterline Easement (5 foot wide) H. Williams League, Abstract No. 56 Beaumont, Jefferson County, Texas BEING a 0.0352 acre waterline easement situated in the H. Williams League, Abstract No. 56, Beaumont, Jefferson County, Texas and being out of and part of that certain called 0.7039 acre tract or parcel of land as described in a "Special Warranty Deed" from Furniture Acquisition — Bmt, Ltd. to Hillebrandt Development as recorded in Clerk's File No. 2016020424, Official Public Records of Real Property, Jefferson County, Texas, said 0.0352 acre easement being more particularly described as follows: NOTE. All bearings are referenced to the West line of the 4.6493 acre Hillebrandt Development tract as SOUTH 00°3828 EAST as recorded in Clerk's File No. 2014038547, Official Public Records of Real Property, Jefferson County, Texas. BEGINNING at a 5/8" iron rod with cap stamped "M.W. Whiteley" found for the Northwest corner of the said 0.7039 acre Hillebrandt Development tract and the Northeast corner of the remainder of that certain called 5.8021 acre tract or parcel of land as described in a "Special Warranty Deed" from Broussard's Mortuary, Inc. to Furniture Acquisition — Bmt Ltd. as recorded in Clerk's File No. 2003030177, Official Public Records of Real Property, Jefferson County, Texas and also being in the South right of way line of Folsom Road (based on a width of 100 feet); THENCE NORTH 89054'48" EAST, along and with the South right of way line of Folsom Road, for a distance of 5.00 feet to a point for corner; THENCE SOUTH 00038'11" EAST, over and across the said 0.7039 acre Hillebrandt Development tract, for a distance of 307.06 feet to a point for corner, said point being in the common boundary line of the said 0.7039 acre Hillebrandt and the remainder of the said 5.8021 acre Furniture — Bmt Ltd. tract; THENCE SOUTH 89024'17" WEST, along and with the boundary between the said 0.7039 acre Hillebrandt Development tract and the remainder of the said 5.8021 - acre Furniture Acquisition — Bmt Ltd. tract, for a distance 5.00 feet to a 5/8" iron rod with cap stamped "M.W. Whiteley" for the Southwest corner of the said 0.7039 acre Hillebrandt Development tract and also being an interior ell corner of the remainder of the said 5.8021 acre Furniture Acquisition — Bmt Ltd. tract; Exhibit "A" MARK W. WHITELEY & ASSOCIATES, INC. THENCE NORTH 00038'11" WEST, along and with the boundary between the said 0.7039 acre Hillbrandt Development tract and the remainder of the said 5.8021 acre Furniture Acquisition Brat Ltd. tract, for a distance 307.11 feet to the POINT OF BEGINNING and containing 0.0352 Acres, more or less. This legal description is being submitted along with a plat based on this survey.(SEE EXHIBIT "B") Thomas S. Rowe RPLS No. 5728 THOMAS S. ROINi 6728 TBPLS Firm No.: 10106700 W:2016\16 -1673\16 -1673 -WATERLINE -EASEMENT m&b.DOC Exhibit "A" MARK W. WHITELEY & ASSOCIATES, INC. N89054'48"E 5.00' FND N89.54'48"E 99.97' FOLSOM ROAD (100' R.O.W.) FND 5/8" I. ROD P O B I I W/CAP STAMPED I I SESCO" FND 5/8* I. ROD I I' W/CAP STAMPED "M.W. WHITELEY & ASSOCIATES" I I I I PROPOSED 10' GENERAL UTILITY EASEMENT I I �U PROPOSED 0.0352 ACRE WATERLINE EASEMENT I I 5' I I I I I REMAINDER OF I I CALLED 0.7039 ACRES REMAINDER OF CALLED 5.8021 ACRES FURNITURE ACQUISITION -BMT LTD � � ( I HILLEBRANDT DEVELOPMENT CALLED 4.6493 ACRES HILLEBRANDT DEVELOPMENT CF NO. 2003030177 C CF N0. 2016020424 �' ti I I OPRJC CF. N0. 2014038547 OPRJC M M I I OPRJC M 0 I I EXHIBIT "B" Cl c I I PROPOSED 10' PUBLIC Z N �ANITARY SEWER EASEMENT REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION I I NOTE: 1. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE L SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN I I THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE I REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND PROPOSED 10' PRIVATE THE TEXAS SOCIETY OF PROFESSIONAL SANITARY SEWER EASEMENT SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A r I GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED. I I 2. EASEMENT PREPARED BASED ON A SURVEY PERFORMED BY MARK W. WHITELEY AND ASSOCIATES DATED SEPTEMBER 15, 2016. FIELD I I WORK WAS PERFORMED DECEMBER 18, 2015. 3. ALL BEARINGS ARE REFERENCED TO THE WEST LINE OF THE SAID 4.6493 ACRE HILLEBRANDT I I DEVELOPMENT TRACT AS SOUTH 00'38'28" EAST AS RECORDED IN CLERK'S FILE NO. 2014038547, FND 5/8" I. ROD I I OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, W/CAP STAMPED JEFFERSON COUNTY, TEXAS. "M.W. WHITELEY & ASSOCIATES" 0.0352 ACRE $89024'17"W 5.00 z Lu WATERLINE EASEMENT a HEZEKIAH WILLIAMS LEAGUE TO THE OWNERS OF THE PREMISES SURVEYED o a of GoABSTRACT NO. 56 AS OF THE DATE OF THE SURVEY: w � oa JEFFERSON COUNTY, TEXAS I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY o � O o DR BY. SAW SCALE SHEET No.; MADE ON THE SURFACE OF THE GROUND OF THE PROP LEGALLY DESCRIBED Z °- VER: ACAD 2017 1"=40' 1 of 1 ¢� o `�' o HEREON AND CORRECTLY REPRESENTS THE FACTS TIME JOB Fl�E W:2o16\18-1673\16-1873_ w o � z 16-1673 WATEMNE_EASEMEW.MG OF THE SURVEY. .�� T - @° •'• A ••; ��a J m Q J v MARK W. WHITELEY = AND ASSOCIATES °INCORPORATED THOMAS S. ROW € CON80MG EMMM, a 5x26 T.N.Pzs. FffM No. IMOS O 3 DkOff. MW "m -"w THOMAS S. ROWE - REGISTERED PROFESSI No. 5728 STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SANITARY SEWER EASEMENT THAT, IHLLEBRANDT DEVELOPMENT., a Texas joint venture, 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 Sanitary Sewer Easement and the exclusive right to construct, alter, and maintain said sewer lines 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 Exhibits "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 sewer 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 inp-ress to and egress from the tracts of land hereinbefore described and use of the same for the EXHIBIT "2" purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 2017. GRANTOR: MLLEBRANDT DEVELOPMENT, a Texas joint venture BY: Parigi Properly Management, Ltd., a Texas limited partnership, joint venture and Managing Agent BY: Parigi Investments, Inc., a Texas corporation, general partner Sam C. Parigi, Jr., Its President GRANTEE: CITY OF BEAUMONT BY: Name: Kyle Hayes Title: City Manager ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on this the day of , 2017, by Sam C. Parigi, Jr., President of Parigi Investments, Inc., a Texas corporation, on behalf of said corporation, general partner on behalf of Parigi Property Management, Ltd., a Texas limited partnership, joint venture and Managing Agent on behalf of Hillebrandt Development, a Texas joint venture. Notary Public, State of Texas STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on this day of , 2017, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, on behalf of said municipal corporation. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" Legal Description: 0.0471 Acre Public Sanitary Sewer Easement (10 foot wide) H. Williams League, Abstract No. 56 Beaumont, Jefferson County, Texas BEING a 0.0471 acre public sanitary sewer easement situated in the H. Williams League, Abstract No. 56, Beaumont, Jefferson County, Texas and being out of and part of that certain called 0.7039 acre tract or parcel of land as described in a "Special Warranty Deed" from Furniture Acquisition — Bmt, Ltd. to Hillebrandt Development as recorded in Clerk's File No. 2016020424, Official Public Records of Real Property, Jefferson County, Texas, said 0.0471 acre easement being more particularly described as follows: NOTE. All bearings are referenced to the West line of the 4.6493 acre Hillebrandt Development tract as SOUTH 00°3828 EAST as recorded in Clerk's File No. 2014038547, Official Public Records of Real Property, Jefferson County, Texas. CONEUENCING at a 5/8" iron rod with cap stamped "M.W. Whiteley" found for the Northwest corner of the said 0.7039 acre Hillebrandt Development tract and the Northeast corner of the remainder of that certain called 5.8021 acre tract or parcel of land as described in a "Special Warranty Deed" from Broussard's Mortuary, Inc. to Furniture Acquisition — Bmt Ltd. as recorded in Clerk's File No. 2003030177, Official Public Records of Real Property, Jefferson County, Texas and also being in the South right of way line of Folsom Road (based on a width of 100 feet); THENCE NORTH 89054'48" EAST, along and with the South right of way line of Folsom Road, for a distance of 15.00 feet to the POINT OF BEGINNING of the easement herein described; THENCE NORTH 89054'48" EAST, along and with the South right of way line of Folsom Road, for a distance of 10.00 feet to a point for corner; THENCE SOUTH 00038'11" EAST, over and across the said 0.7039 acre Hillebrandt Development tract, for a distance of 205.00 feet to a point for corner; THENCE SOUTH 89021'49" WEST, over and across the said 0.7039 acre Hillebrandt Development tract, for a distance of 10.00 feet to a point for corner; THENCE NORTH 00038'11" WEST, over and across the said 0.7039 acre Hillbrandt Development tract, for a distance 205.10 feet to the POINT OF BEGINNING and containing 0.0471 Acres, more or less. This legal description is being submitted along with a plat based on this survey.(SEE EXHIBIT "B") •r�,�` �P••°ISTD ° 4 Thomas S. Rowe, RPLS No. 5728 • "T�e;wn�c•c'ri1wIE ••• TBPLS Firm No.: 10106700 i jt� W:2016\I6-1673\16-1673 PUBLIC SEWER EASEMENT m&b.DOC Exhibit "A" MARK W. WHITELEY & ASSOCIATES, INC. W o FND 5/8" I. ROD W/CAP STAMPED "M.W. WHITELEY & ASSOCIATES" PROPOSED 5' WATERLINE EASEMENT REMAINDER OF SANITARY SEWER EASEMENT CALLED 5.8021 ACRES HEZEKIAH WILLIAMS LEAGUE FURNITURE ACQUISITION -BMT LTD o CF NO. 2003030177 JEFFERSON COUNTY, TEXAS OPRJC 0 d+ SCALE Go M VER: ACAD 2017 0 0471 ACRE EWER EASEMENT z z PROPOSED 10' GENERAL UTILITY EASEMENT FND 5/8" I. ROD W/CAP STAMPED "M.W. WHITELEY & ASSOCIATES" L2� FND N89'54'48"E 99.97' PROPOSED PUBLIC SANITARY 0 0 An 0 N W r r co m 0 O O U) CALLED 0.7039 ACRES HILLEBRANDT DEVELOPMENT CF NO. 2016020424 OPRJC S89°21'49"W 10.00' PROPOSED 10' PRIVATE SANITARY SEWER EASEMENT 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 FOUN E TIME OF THE SURVEY. VIA S. ROWE ..o.y.................. << °• 572€? Y THOMAS S. ROWE -- REGISTERED P FOLSOM ROAD (100' R.O.W.) SANITARY SEWER EASEMENT FND 5/8" I. ROD HEZEKIAH WILLIAMS LEAGUE W/CAP STAMPED ABSTRACT NO. 56 "SESCO" JEFFERSON COUNTY, TEXAS 0sh O Iq 0 d+ SCALE ,II VER: ACAD 2017 8 N a0 0471 ACRE EWER EASEMENT U JOB NO. UNE BEARING DISTANCE ir W g Z 1 6-1 673 PUBLIC-SEWEEIt_EASEIAENr.OWG L1 N89'54'48"E 15.00' AND ASSOCIATES L2 N89'54'48"E 10.00' REMAINDER OF CALLED 4.6493 ACRES HILLEBRANDT DEVELOPMENT CF. NO. 2014038547 OPRJC EXHIBIT "B" REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION NOTE: 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 SEPTEMBER 15, 2016. FIELD WORK WAS PERFORMED DECEMBER 18, 2015. 3. ALL BEARINGS ARE REFERENCED TO THE WEST LINE OF THE SAID 4.6493 ACRE HILLEBRANDT DEVELOPMENT TRACT AS SOUTH 00'38'28" EAST AS RECORDED IN CLERK'S FILE NO. 2014038547, OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, JEFFERSON COUNTY, TEXAS. N w^ SANITARY SEWER EASEMENT a a HEZEKIAH WILLIAMS LEAGUE Lh p ¢ o No ABSTRACT NO. 56 D: - � JEFFERSON COUNTY, TEXAS 0sh O Iq DR BY: SAW SCALE SHEET No.: VER: ACAD 2017 8 N a0 1"=4D' 1 Of JOB NO. FLE: W:2018\16-1673\16-1673- ir W g Z 1 6-1 673 PUBLIC-SEWEEIt_EASEIAENr.OWG M L) MARK R. wBnm.EY AND ASSOCIATES INCORPORATED CONS ONG ZNGDOM, 9 RVMRS, AND PIJtBi M ZH.PZS. FIRII NO. 1010"00 o P. 0. Bu 6 6b0 L163 Im. sm'neor-M-04M ass a rr.6�ea�i-Lw EAS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, HILLEBRANDT DEVELOPMENT., a Texas joint venture, 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 exclusive 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 Exhibits "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. 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 a 1 day of'J A(-1 1. 22017. GRANTOR: MLLEBRANDT DEVELOPMENT, a Texas joint venture BY: Parigi Property Management, Ltd., a Texas limited partnership, joint venture and Managing Agent BY: Parigi Investments, Inc., a Texas corporation, 90 Sam C. Plmgi, Jr., Its President GRANTEE: CITY OF BEAUMONT By: Name: Kyle Hayes Title: City Manager ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on this the? day of " 2017, by Sam C. Parigi, Jr., President of Parigi Investments, Inc., a Texas corporation, on beh of said corporation, general partner on behalf of Parigi Property Management, Ltd., a Texas limited partnership, joint venture and Managing Agent on behalf of Hillebrandt Development, a SUE D MESSINA My Commission Expires March 25, 2018 STATE OF TEXAS COUNTY OF JEFFERSON Notary Public, State of Texas This instrument was acknowledged before me on this day of , 2017, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation domic' ed in Jefferson County, Texas, on behalf of said municipal corporation. MINA G. 0{20L)WI 0 FE =Notary f'u1�IIC, 5ftlie Uft,- Fig }� Comm, Expiresl;io.:�., Notary ►W-WD t t 43'tt t =� �' Notary Public, State of Texas .,,....-- RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" Legal Description: 0.0352 Acre Waterline Easement (5 foot wide) H. Williams League, Abstract No. 56 Beaumont, Jefferson County, Texas BEING a 0.0352 acre waterline easement situated in the H. Williams League, Abstract No. 56, Beaumont, Jefferson County, Texas and being out of and part of that certain called 0.7039 acre tract or parcel of land as described in a "Special Warranty Deed" from Furniture Acquisition — Bmt, Ltd. to Hillebrandt Development as recorded in Clerk's File No. 2016020424, Official Public Records of Real Property, Jefferson County, Texas, said 0.0352 acre easement being more particularly described as follows: NOTE. All bearings are referenced to the West line of the 4.6493 acre Hillebrandt Development tract as SOUTH 00°3828 EAST as recorded in Clerk's File No. 2014038547, Official Public Records of Real Property, Jefferson County, Texas. BEGINNING at a 5/8" iron rod with cap stamped "M.W. Whiteley" found for the Northwest corner of the said 0.7039 acre Hillebrandt Development tract and the Northeast corner of the remainder of that certain called 5.8021 acre tract or parcel of land as described in a "Special Warranty Deed" from Broussard's Mortuary, Inc. to Furniture Acquisition — Bmt Ltd. as recorded in Clerk's File No. 2003030177, Official Public Records of Real Property, Jefferson County, Texas and also being in the South right of way line of Folsom Road (based on a width of 100 feet); THENCE NORTH 89054'48" EAST, along and with the South right of way line of Folsom Road, for a distance of 5.00 feet to a point for corner; THENCE SOUTH 00038'11" EAST, over and across the said 0.7039 acre Hillebrandt Development tract, for a distance of 307.06 feet to a point for corner, said point being in the common boundary line of the said 0.7039 acre Hillebrandt and the remainder of the said 5.8021 acre Furniture — Bmt Ltd. tract; THENCE SOUTH 89024' 17" WEST, along and with the boundary between the said 0.7039 acre Hillebrandt Development tract and the remainder of the said 5.8021 -acre Furniture Acquisition — Bmt Ltd. tract, for a distance 5.00 feet to a 5/8" iron rod with cap stamped "M.W. Whiteley" for the Southwest corner of the said 0.7039 acre Hillebrandt Development tract and also being an interior ell corner of the remainder of the said 5.8021 acre Furniture Acquisition — Bmt Ltd. tract; Exhibit "A" MARK W. WHITELEY & ASSOCIATES, INC. THENCE NORTH 0003 8'11" WEST, along and with the boundary between the said 0.7039 acre Hillbrandt Development tract and the remainder of the said 5.8021 acre Furniture Acquisition Bmt Ltd. tract, for a distance 307.11 feet to the POINT OF BEGINNING and containing 0.0352 Acres, more or less. 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:2016\16-1673\16-1673 WATERLINE EASEMENT m&b.DOC Exhibit "A" MARK W. WHITELEY & ASSOCIATES, INC. N89054'48"E 5.00' FND N89'54'48"E 99.97' POB I FND 5/8" I. ROD W/CAP STAMPED "M.W. WHITELEY & ASSOCIATES" I I PROPOSED 10' �-GENERAL UTILITY EASEMENT I I PROPOSED 0.0352 ACRE WATERLINE EASEMENT REMAINDER OF I I I I I I I ( CALLED 0.7039 ACRES CALLED 5.8021 ACRES FURNITURE ACQUISITION-BMT LTD I I HILLEBRANDT DEVELOPMENT CF NO. 2003030177 ti � I I CF NO. 2016020424 OPRJC CD m OPRJC CD m W Go co M I i ;') Z 00 I I PROPOSED 10' PUBLIC ANITARY SEWER EASEMENT I I I I I I PROPOSED 10' PRIVATE SANITARY SEWER EASEMENT I I I I I FND 5/8" I. ROD I I I I I I I W/CAP STAMPED "M.W. WHITELEY & ASSOCIATES" S89°24'17"W 5.00' 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 PROP LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FAC TIME OF THE SURVEY. _...._r�. THOMAS S. ROWE 98:. ASs. �h�572E ' 0' — REGISTERED PROFESSI ' my. No. 5728 FOLSOM ROAD (100' R.O.W.) FND 5/8' I. ROD W/CAP STAMPED "SESCO" REMAINDER OF CALLED 4.6493 ACRES HILLEBRANDT DEVELOPMENT CF. NO. 2014038547 OPRJC EXHIBIT "B" REFER TO EXHIBIT A" FOR LEGAL DESCRIPTION 0 U NOTE: 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 SEPTEMBER 15, 2016. FIELD WORK WAS PERFORMED DECEMBER 18, 2015. 3. ALL BEARINGS ARE REFERENCED TO THE WEST LINE OF THE SAID 4.6493 ACRE HILLEBRANDT DEVELOPMENT TRACT AS SOUTH 00'38'28" EAST AS RECORDED IN CLERK'S FILE NO. 2014038547, OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, JEFFERSON COUNTY, TEXAS. Z WATERLINE EASEMENT a ZEKIAH WILLIAMS LEAGUE o ." o M ABSTRACT NO. 56 w FFERSON COUNTY, TEXAS � 0 kErY:W SCALE SHEET Nz D son N o 1"=40' 1 of 1 FILE: W.2016\16-1673\16-1673- �w z673 WATERUJNE_EASEMM.M m NARK K. WBTI I1� Y AND ASSOCIATES = INCORPORATED CONSUL74IG ]MGDOM, FRS. An PLANNM 79.P I FM NO. IM08700 • F. 0. zz sus a su>a 7m. ssAmcrr�a ?rae-susEltilr40== Eo�. r�� , = STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SANITARY SEWER EASEMENT THAT, IULLEBRANDT DEVELOPMENT., a Texas joint venture, 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 Sanitary Sewer Easement and the exclusive right to construct, alter, and maintain said sewer lines 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 Exhibits "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 sewer lines and appurtenances, and the following rights are also hereby conveyed collectively, the "Easement Rights". It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this c)IH HILLEBRANDT DEVELOPMENT, a Texas joint venture day of J)q � , 2017. BY: Parigi Property Management, Ltd., a Texas limited partnership, joint venture and Managing Agent BY: Parigi Investments, Inc. a Texas corporation, r partner BY: Sam C. arigi, Jr., Its President GRANTEE: CITY OF BEAUMONT By: Name: Kyle Hayes Title: City Manager ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on this the � day of 2017, by Sam C. Parigi, Jr., President of Parigi Investments, Inc., a Texas corporation, on belialf of said corporation, general partner on behalf of Parigi Properly Management, Ltd., a Texas limited partnership, joint venture and Managing Agent on behalf of Hillebrandt Development, a Texas joint venture. Notary Public, State of Texas {lJiY Pt� 7? SUE 0 MESSINA STATE OF TEXAS § My commission Expires § March 25, 2018 �'E *'g COUNTY OF JEFFERSON § - This instrument was acknowledged before me on this day ofF--Pbryau 2017, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation domi led in Jefferson County, Texas, on behalf of said municipal corporation. y1111!ln,,, TINA C, BROUSSARD141 -a PiUO�'- NatarY Pub11G, S1018 of Texas coma,, ExPifeS 01-12-2019 Notary Public, State of Texas ��i9re OF t�e`Notnry 10 1143511-9 /Il1/111R RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" Legal Description: 0.0471 Acre Public Sanitary Sewer Easement (10 foot wide) H. Williams League, Abstract No. 56 Beaumont, Jefferson County, Texas BEING a 0.0471 acre public sanitary sewer easement situated in the H. Williams League, Abstract No. 56, Beaumont, Jefferson County, Texas and being out of and part of that certain called 0.7039 acre tract or parcel of land as described in a "Special Warranty Deed" from Furniture Acquisition — Bmt, Ltd. to Hillebrandt Development as recorded in Clerk's File No. 2016020424, Official Public Records of Real Property, Jefferson County, Texas, said 0.0471 acre easement being more particularly described as follows: NOTE. All bearings are referenced to the West line of the 4.6493 acre Hillebrandt Development tract as SOUTH 00°3828 EAST as recorded in Clerk's File No. 2 014 03 854 7, Official Public Records of Real Property, Jefferson County, Texas. CONVgENCING at a 5/8" iron rod with cap stamped "M.W. Whiteley" found for the Northwest corner of the said 0.7039 acre Hillebrandt Development tract and the Northeast corner of the remainder of that certain called 5.8021 acre tract or parcel of land as described in a "Special Warranty Deed" from Broussard's Mortuary, Inc. to Furniture Acquisition — Brat Ltd. as recorded in Clerk's File No. 2003030177, Official Public Records of Real Property, Jefferson County, Texas and also being in the South right of way line of Folsom Road (based on a width of 100 feet); THENCE NORTH 89054'48" EAST, along and with the South right of way line of Folsom Road, for a distance of 15.00 feet to the POINT OF BEGINNING of the easement herein described; THENCE NORTH 89054'48" EAST, along and with the South right of way line of Folsom Road, for a distance of 10.00 feet to a point for corner; THENCE SOUTH 00038'11" EAST, over and across the said 0.7039 acre Hillebrandt Development tract, for a distance of 205.00 feet to a point for comer; THENCE SOUTH 89021'49" WEST, over and across the said 0.7039 acre Hillebrandt Development tract, for a distance of 10.00 feet to a point for corner; THENCE NORTH 00038' 11" WEST, over and across the said 0.7039 acre Hillbrandt Development tract, for a distance 205.10 feet to the POINT OF BEGINNING and containing 0.0471 Acres, more or less. This legal description is being submitted along with a plat based on this survey.(SEE EXHIBIT "B") u� Thomas S. Rowe, RPLS No. 5728 °•`•................... F1NE TBPLS Firm No.: 10106700 '% 0 n�'• s W:2016\16-1673\16-1673 PUBLIC SEWER EASEMENT m&b.DOC ~`• �S S� •• �` Exhibit "A" Page 1 of 1 AIARK W. WHITELEY & ASSOCIATES, INC. in [ore, FND 5/8" I. ROD W/CAP STAMPED "M.W. WHITELEY & ASSOCIATES" PROPOSED 5' WATERLINE EASEMENT REMAINDER OF CALLED 5.8021 ACRES FURNITURE ACQUISITION-BMT LTD o CF NO. 2003030177 OPRJC M 0 0 z PROPOSED 10' GENERAL UTILITY EASEMENT FND 5/8" I. ROD W/CAP STAMPED "M.W. WHITELEY & ASSOCIATES" L2-\FND N89-54.48"E 99.97' FOLSOM ROAD (100' R.O.W.) 0 0 to 0 N I PROPOSED PUBLIC SANITARY CALLED 0.7039 ACRES HILLEBRANDT DEVELOPMENT CF NO. 2016020424 OPRJC S89021'49' VH 10.00' PROPOSED 10' PRIVATE SANITARY SEWER EASEMENT 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 FOUN E TIME OF THE SURVEY. 'tYe.• ST O ­TH.WAS S..ROV ... �........................ t �v5728 �e THOMAS S. ROWE - - REGISTERED FND 5/8" I. ROD W/CAP STAMPED "SESCO" 71 ACRE VER EASEMENT LINE BEARING DISTANCE L1 N89'54'48'E 15.00' L2 N8W54'48"E 10.00' REMAINDER OF CALLED 4.6493 ACRES HILLEBRANDT DEVELOPMENT CF. NO. 2014038547 OPRJC EXHIBIT "B" REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION NOTE: 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 SEPTEMBER 15, 2016. FIELD WORK WAS PERFORMED DECEMBER 18, 2015. 3. ALL BEARINGS ARE REFERENCED TO THE WEST LINE OF THE SAID 4.6493 ACRE HILLEBRANDT DEVELOPMENT TRACT AS SOUTH 00'38'28" EAST AS RECORDED IN CLERK'S FILE NO. 2014038547, OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, JEFFERSON COUNTY, TEXAS. z SANITARY SEWER EASEMENT uj a HEZEKIAH WILLIAMS LEAGUE 0 a o 10,ABSTRACT NO. 56 2, JEFFERSON COUNTY, TEXAS p 0 DR BY: SAW SCALE SHEET No.: VER: ACAD 2017 8 N a- 0 1 "=40' 1 of JOB N0. FILE W:2016\16-1673\16-1673_ z � w z 16-1673 PUBuc�EWER-fASrUEW.DWG < W v+AND . WHITELEY ASSOCIATES INCORPORATED =G INGR1ES, M, AND nARN RSB. FM NO. 1010M O F. 0. im.