HomeMy WebLinkAboutRES 17-095RESOLUTION NO. 17-095
WHEREAS, Earnest Joseph Livesay and Jill Lynette Livesay have agreed to
convey one (1) ten foot (10') drainage easement, said easement being a 0.0379 acre
tract out of the C. Williams Survey, Abstract 59, as described and shown in Exhibit "1,"
attached hereto, and one (1) forty foot (40') drainage easement, said easement being a
0.1006 acre tract out of the C. Williams Survey, Abstract 59, as described and shown in
Exhibit "1," attached hereto, to the City of Beaumont for the current and future
commercial development located at 685 Pinchback Road; 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 one (1) ten foot (10') wide drainage easement conveyed by Earnest
Joseph Livesay and Jill Lynette Livesay, said easement being a 0.0379 acre tract out of
the C. Williams Survey, Abstract 59, as described and shown in Exhibit "1," attached
hereto, and one (1) forty foot (40') drainage easement conveyed by Earnest Joseph
Livesay and Jill Lynette Livesay, said easement being a 0.1006 acre tract out of the C.
Williams Survey, Abstract 59, as described and shown in Exhibit "1," attached hereto,
be and the same is hereby, in all things, accepted for the stated purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
May, 2017.
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STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
DRAINAGE EASEMENT
THAT, EARNEST JOSEPH LIVESAY and JILL LYNETTE LIVESAY, of the
County of Jefferson, State of Texas, hereinafter called "GRANTORS", 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, have GRANTED, SOLD and CONVEYED, and by these
presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827,
Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, Drainage
Easements and the right to construct, alter, and maintain drainage improvements and
appurtenances on the hereinafter described lands which said easements are under, over, in and
across that certain tracts or parcels of land owned by GRANTORS situated in the County of
Jefferson, State of Texas, and being more particularly described in Exhibit "A & B" attached
and made a part hereof for all purposes.
The easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and removing drainage structures, canals,
ditches and appurtenances, and the following rights are also hereby conveyed:
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
EXHIBIT 1"
the same as permitted by law. The GRANTORS will be responsible for the maintenance of the
surface area and control vegetation. GRANTORS shall not permit trees, shrubs, plants, or any
object to be placed on the easement area.
TO HAVE AND TO HOLD the above described easements and right-of-way unto the
said CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of
GRANTORS:
EARNEST JOSEPH LIVESAY and JILL LYNETTE LIVESAY
IM
Printed Name: Earnest Joseph Livesay
Title: Owner
Printed Name: Jill Lynette Livesay
Title: Owner
{1NTENTIALLY LEFT BLANK}
, 2017.
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of , 2017, by
Earnest Joseph Livesgy known to me to be the person whose name is subscribed to the foregoing
instrument and in the capacity therein stated.
Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of , 2017, by
Jill Lynette Lives ay known to me to be the person whose name is subscribed to the foregoing
instrument and in the capacity therein stated.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy
P. O. Box 3827
Beaumont, TX 77704
EXHIBIT -"A"
Legal Description: 10 Feet Wide Drainage Easement
Containing 0.0379 Acres
C. Williams Survey, Abstract No. 59
Beaumont, Jefferson County, Texas
BEING a 10 feet wide drainage easement situated in the C. Williams Survey, Abstract No. 59,
Jefferson County, Texas and being out of and part of Lot 8 of the Wiess Park Subdivision, an
unrecorded subdivision of the City of Beaumont, and being out of and part of that certain called 2.4516
acre tract of land as described in a "General Warranty Deed" from Steven Craig Ferguson to Earnest
Joseph Livesay and Jill Lynette Livesay as recorded in Clerk's File No. 2017008800, Official Public
Records of Real Property, Jefferson County, Texas, said 10 feet wide drainage easement being more
particularly described as follows:
NOTE. All bearings are referenced to the West line of the said 2.4516 acre Livesay
tract as NORTH 00°00'00" WEST as recorded in the above referenced Clerk's File No.
2017008800, Official Public Records of Real Property, Jefferson County, Texas.
COMMENCING at a 1" iron rod found for the Southwest corner of the said 2.4516 acre Livesay tract,
said corner also being the Southwest corner of the said Lot 8 of the Weiss Park Subdivision and also
being the intersection of the East right-of-way line of Pinchback Road and the Northerly right-of-way
line of the Southern Pacific Railroad (formerly known as the T. & N.O. Railroad) (based on a width of
100 feet);
THENCE NORTH 00000'00" WEST, along and with the East right-of-way line of Pinchback Road,
for a distance of 186.01 feet to the Southwest corner and the POINT OF BEGINNING of the
easement herein described;
THENCE NORTH 00000'00" WEST, continuing along and with the East right-of-way line of
Pinchback Road, for a distance of 10.03 feet to a point for corner;
THENCE SOUTH 85053'08" EAST, over and across the said 2.4516 acre Livesay tract, for a distance
of 164.33 feet to a point for corner, said corner being in the West line of that certain called 40 feet wide
drainage easement as described in a deed from C.O. Cunningham to The City of Beaumont as recorded
in Volume 1169, Page 638, Deed Records, Jefferson County, Texas;
THENCE SOUTH 06051'59" EAST, along and with the West line of the said City of Beaumont 40
feet wide drainage easement, for a distance of 10.19 feet to a point for corner;
THENCENORTH 85053'08" WEST, for a distance of 165.56 feet to the POINT OF BEGINNING
and containing 0.0379 Acres, more or less.
This legal description is based a survey prepared on February 27, 2017by Mark W. Whiteley &
Associates. This legal description is being submitted along with a plat based on this survey (see
EXHIBIT "B"). /-1 s11�
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THOMAS S.
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Thomas S. owe, RPLS No. 5728
TBPLS Firm No.: 10106700 . �9°FW:UOM17-586\i7-58610FtDrainage EasementM&B_docz
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EARNEST JOSEPH LIVESAY, eL ux.
CF. NO. 2017008800
OPRJC
LOT 8
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.
3. THIS EXHIBIT IS BASED ON A SURVEY PREPARED ON FEBRUARY 27,
2017 BY MARK W. WHITELEY do ASSOCIATES.
LINE
BEARING
DISTANCE
Lt
N00'00'00"W
10.03'
L2
S85'53'08"E
164.33'
L.3
S06'51'59"E
10.19'
L4
N85'53'08"W
165.56'
I
1
N111-40'
DRAINAGE EASEMENT
CITY OF BEAUMONT
VOL 1169, PG. 638
DRJC
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FND S81'12'10'W 681.38'
SOUTHERN PACIFIC RAILROAD
(FORMERLY KNOWN AS THE T.& N.O. RAILROAD)(100' ROW)
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 CITY OF BEAUMONT
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME lDRMw-KMcw20I61SCAm1-=5O'
sNE
OF THE .SURVEY. _
No. 5728
MARK W. WHITELEY
AND ASSOCIATES
INCORPORATED
r-c-
ONSULTING ENGINEERS,
URVEYORS. AND PLANNERS
.B FIRM NO. 10106700
P.O. BOXS,U ]750 EASTEX FRWY.
BEAUYONT, TEXAST777L6107 BEAUMONT. TEXA97T
4MO02-Ml IFAXI 400802.130
SET
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EXHIBIT "B"
REFER TO EXHIBIT 'A"
FOR LEGAL DESCRIPTI01
EXHIBIT OF A
10 FEET WIDE
DRAINAGE EASEMENT
C. WILLIAMS SURVEY
ABSTRACT NO. 59
BEAUMONT, JEFFERSON
COUNTY, TEXAS
EXHIBIT "C"
Legal Description: 40 Feet Wide Drainage Easement
Containing 0.1006 Acres
C. Williams Survey, Abstract No. 59
Beaumont, Jefferson County, Texas
BEING a 40 feet wide drainage easement situated in the C. Williams Survey, Abstract No. 59,
Jefferson County, Texas and being out of and part of Lot 8 of the Wiess Park Subdivision, an
unrecorded subdivision of the City of Beaumont, and being out of and part of that certain called
2.4516 acre tract of land as described in a "General Warranty Deed" from Steven Craig Ferguson
to Earnest Joseph Livesay and Jill Lynette Livesay as recorded in Clerk's File No. 2017008800,
Official Public Records of Real Property, Jefferson County, Texas, said 40 feet wide drainage
easement being more particularly described as follows:
NOTE: All bearings are referenced to the West line of the said 2.4516 acre Livesay
tract as NORTH 00°00'00" WEST as recorded in the above referenced Clerk's File
No. 2017008800, Oficial Public Records of Real Property, Jefferson County,
Texas.
COMMENCING at a 1" iron rod found for the Southwest corner of the said 2.4516 acre Livesay
tract, said corner also being the Southwest corner of the said Lot 8 of the Weiss Park Subdivision
and also being the intersection of the East right-of-way line of Pinchback Road and the Northerly
right-of-way line of the Southern Pacific Railroad (formerly known as the T. & N.O. Railroad)
(based on a width of 100 feet);
THENCE NORTH 81012'10" EAST, along and with the Southerly line of the said 2.4516 acre
Livesay tract and the Northerly right-of-way line of the Southern Pacific Railroad, for a distance
of 184.87 feet to the Southwest corner and the POINT OF BEGINNING of the easement herein
described;
THENCE NORTH 06051'59" WEST, over and across the said 2.4516 acre Livesay tract, for a
distance of 110.26 feet to a point for corner, said corner being the Southwest corner of that certain
called 40 feet wide drainage easement as described in a deed from C.O. Cunningham to The City
of Beaumont as recorded in Volume 1169, Page 638, Deed Records, Jefferson County, Texas;
THENCE NORTH 83°08'01" EAST, along and with the South line of the said City of Beaumont
40 feet wide drainage easement, for a distance of 40.00 feet to a point for corner, said corner being
the Southeast corner of the said City of Beaumont 40 feet wide drainage easement;
THENCE SOUTH 06051'59" EAST, over and across the said 2.4516 acre Livesay tract, for a
distance of 108.91 feet to a point for corner, said corner being in the Southerly line of the said
2.4516 acre Livesay tract and the Northerly right-of-way line of the Southern Pacific Railroad;
EXHIBIT "C"
MARK IV WHITELEY & AS.SOCIATE.S
THENCE SOUTH 81012'10" WEST, along and with the Southerly line of the said 2.4516 acre
Livesay tract and the Northerly right-of-way line of the Southern Pacific Railroad, for a distance
of 40.02 feet to the POINT OF BEGINNING and containing 0.1006 Acres, more or less.
This legal description is based a survey prepared on February 27, 2017 by Mark W. Whiteley &
Associates. This legal description is being submitted along with a plat based on this survey (see
EXHIBIT "D").
Thomas S. Rowe, RPLS No. 5728
TBPLS Firm No.: 10106700
W201707 -58M17-58640 Ft Drainage Easement M$H.docx
EXHIBIT "C"
MARK W. 1WHEILEY & ASSOCIA7LS, INC
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VOL. \` I
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LOT 6
CALLED 2.4516 ACRES
EARNEST JOSEPH LIVESAY, et ux.
CF. NO. 2017008800
OPRJC
N81'12'10"E 184.87'
L2
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, R CONSTITUTES NEITHER A
GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED.
3. THIS EXHIBIT IS BASED ON A SURVEY PREPARED ON FEBRUARY 27,
2017 BY MARK W. WHITELEY & ASSOCIATES.
LINE
BEARING
DISTANCE
L1
N06'51'59"W
110.26'
L2
N83!08'01"E
40.00'
L3
S06' 5 11'59"E
108.91'
L4
S81'12'1O"W
40.02'
40' DRAINAGE EASEMENT
(0.1006 ACRES)
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SOUTHERN PACIFIC RAILROAD
(FORMERLY KNOWN AS THE T.& N.O. RAILROAD)(100' ROW)
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 CITY of BEAUMONT
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME DRer: CDD SCAM- 9*
OF THE SURVEY. v� Arwo'16 1 "=50'
A L:AWN6
WHITELEY
ASSOCIATES
................. INCORPORATED
THOMAS S. :1728
CONSULTING ENGINEERS,
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T.B.P.L.S. FIRM NO. 10106700
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EXHIBIT "D"
REFER TO EXHIBIT "C"
FOR LEGAL DESCRIPTION
EXHIBIT OF A
40 FEET WIDE
DRAINAGE EASEMENT
C. WILLIAMS SURVEY
ABSTRACT NO. 59
BEAUMONT, JEFFERSON
COUNTY, TEXAS
31
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IIIIIII��INl�lll�sllif 9 :a,` =°°"6�'
STATE OF TEXAS X
COUNTY OF JEFFERSON X
KNOW ALL MEN BY THESE PRESENTS:
DRAINAGE EASEMENT
THAT, EARNEST JOSEPH LIVESAY and JILL LYNETTE LIVESAY, of the
County of Jefferson, State of Texas, hereinafter called "GRANTORS", 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, have GRANTED, SOLD and CONVEYED, and by these
presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827,
Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, Drainage
Easements and the right to construct, alter, and maintain drainage improvements and
appurtenances on the hereinafter described lands which said easements are under, over, in and
across that certain tracts or parcels of land owned by GRANTORS situated in the County of
Jefferson, State of Texas, and being more particularly described in Exhibit "A & B" attached
and made a part hereof for all purposes.
The easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and removing drainage structures, canals,
ditches and appurtenances, and the following rights are also hereby conveyed:
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. The GRANTORS will be responsible for the maintenance of the
surface area and control vegetation. GRANTORS shall not permit trees, shrubs, plants, or any
object to be placed on the easement area.
TO HAVE AND TO HOLD the above described easements and right-of-way unto the
said CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of , 2017.
GRANTORS:
EARNEST JOSEPH LIVESAY and JILL LYNETTE LIVESAY
Printed Name: Earnest Joseph Livesay
Title: Owner
By '
Printed Name: Jill Lynette Livesay
Title: Owner
{INTENTIALLY LEFT BLANK}
STATE OF TEXAS
COUNTY OF JEFFERSON
ACKNOWLEDGMENT
ON
M
This instrument was acknowledged before me on the day of , 2017, by
Earnest Joseph LivesM known to me to be the person whose name is subscribed to e foregoing
instrument and in the capacity therein stated.
Notary Public, State of Tellas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the V& day of , 2017, by
Jill Lynette Livesay known to me to be the person whose name is subscribed to th foregoing
instrument and in the capacity therein stated.
jilz
O
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy
P. O. Box 3827
Beaumont, TX 77704
DARA SUE CRUZ
Notary Public, State of Texas
;r My Commission Expires
y%oF October 05, 2019
EXHIBIT "A"
Legal Description: 10 Feet Wide Drainage Easement
Containing 0.0379 Acres
C. Williams Survey, Abstract No. 59
Beaumont, Jefferson County, Texas
BEING a 10 feet wide drainage easement situated in the C. Williams Survey, Abstract No. 59,
Jefferson County, Texas and being out of and part of Lot 8 of the Wiess Park Subdivision, an
unrecorded subdivision of the City of Beaumont, and being out of and part of that certain called 2.4516
acre tract of land as described in a "General Warranty Deed" from Steven Craig Ferguson to Earnest
Joseph Livesay and Jill Lynette Livesay as recorded in Clerk's File No. 2017008800, Official Public
Records of Real Property, Jefferson County, Texas, said 10 feet wide drainage easement being more
particularly described as follows:
NOTE: All bearings are referenced to the West line of the .said 2.4516 acre Livesay
tract as NORTH 00°00'00" WEST as recorded in the above referenced Clerk's File No.
2017008800, Official Public Records of Real Property, Jefferson County, Texas.
COMMENCING at a 1" iron rod found for the Southwest corner of the said 2.4516 acre Livesay tract,
said corner also being the Southwest corner of the said Lot 8 of the Weiss Park Subdivision and also
being the intersection of the East right-of-way line of Pinchback Road and the Northerly right-of-way
line of the Southern Pacific Railroad (formerly known as the T. & N.O. Railroad) (based on a width of
100 feet);
THENCE NORTH 00000'00" WEST, along and with the East right-of-way line of Pinchback Road,
for a distance of 186.01 feet to the Southwest corner and the POINT OF BEGINNING of the
easement herein described;
THENCE NORTH 00000'00" WEST, continuing along and with the East right-of-way line of
Pinchback Road, for a distance of 10.03 feet to a point for corner;
THENCE SOUTH 85053'08" EAST, over and across the said 2.4516 acre Livesay tract, for a distance
of 164.33 feet to a point for corner, said corner being in the West line of that certain called 40 feet wide
drainage easement as described in a deed from C.O. Cunningham to The City of Beaumont as recorded
in Volume 1169, Page 638, Deed Records, Jefferson County, Texas;
THENCE SOUTH 06051'59" EAST, along and with the West line of the said City of Beaumont 40
feet wide drainage easement, for a distance of 10.19 feet to a point for corner;
THENCE/NORTH 85053'08" WEST, for a distance of 165.56 feet to the POINT OF BEGINNING
and containing 0.0379 Acres, more or less.
This legal description is based a survey prepared on February 27, 2017 by Mark W. Whiteley &
Associates. This legal description is being submitted along with a plat based on this survey (see
EXHIBIT "B").
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(0.0379 ACRES)
CALLED 2.4516 ACRES
EARNEST JOSEPH LIVESAY, et. ux
CF. NO. 2017008800
OPRJC
LOT 8
mm.
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.
3. THIS EXHIBIT IS BASED ON A SURVEY PREPARED ON FE13RUARY 27,
2017 BY MARK W. WHITELEY & ASSOCIATES,
LINE
BEARING
DISTANCE
Li
N00'00'00"W
10.03'
12
S8553'08"E
164.33'
L3
S06'51'59"E
10.19,
L4
N85'53'08"W
165.56'
I
I
40' DRAINAGE EASEMENT
CITY OF BEAUMONT
VOL. 1169, PG. 638
DRJC
I I
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Bo`v`S%ON
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FND S81'12'10'W 681.38'
SOUTHERN PACIFIC RAILROAD
(FORMERLY KNOWN AS THE T.& N.O. RAILROAD)(100' ROW)
TO THE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF THE SURVEY:
I. THOMAS S. ROWE 00 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.
THOMAS
CITY OF BEAUMONT
El
sNEEr Na.:
=50' 1 of
FILE.olTr-seed M
._E,Bff-B--
MARK W. WHITELEY
AND ASSOCIATES
INCORPORATED
rT...URV._,.RS,
SULTING ENGINEERS,
AND PLANNERS
P.L.S. FIRM NO. 10106700
P. a. BaX M 0250 EASTEX FRM.
ffle— NT. TEXAS T/226M2 BEAumo"T. TBXAsnm
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EXHIBIT "B"
REFER TO EXHIBIT "A"
FOR LEGAL DESCRIPTIOI
EXHIBIT OF A
10 FEET WIDE
DRAINAGE EASEMENT
C. WILLIAMS SURVEY
ABSTRACT NO. 59
BEAUMONT, JEFFERSON
COUNTY, TEXAS
EXHIBIT "C"
Legal Description: 40 Feet Wide Drainage Easement
Containing 0.1006 Acres
C. Williams Survey, Abstract No. 59
Beaumont, Jefferson County, Texas
BEING a 40 feet wide drainage easement situated in the C. Williams Survey, Abstract No. 59,
Jefferson County, Texas and being out of and part of Lot 8 of the Wiess Park Subdivision, an
unrecorded subdivision of the City of Beaumont, and being out of and part of that certain called
2.4516 acre tract of land as described in a "General Warranty Deed" from Steven Craig Ferguson
to Earnest Joseph Livesay and Jill Lynette Livesay as recorded in Clerk's File No. 2017008800,
Official Public Records of Real Property, Jefferson County, Texas, said 40 feet wide drainage
easement being more particularly described as follows:
NOTE: All bearings are referenced to the West line of the said 2.4516 acre Livesay
tract as NORTH 00°00'00" WEST as recorded in the above referenced Clerk's File
No. 2017008800, Official Public Records of Real Property, Jefferson County,
Texas.
COMMENCING at a 1 " iron rod found for the Southwest corner of the said 2.4516 acre Livesay
tract, said corner also being the Southwest corner of the said Lot 8 of the Weiss Park Subdivision
and also being the intersection of the East right-of-way line of Pinchback Road and the Northerly
right-of-way line of the Southern Pacific Railroad (formerly known as the T. & N.O. Railroad)
(based on a width of 100 feet);
THENCE NORTH 81 ° 12' 10" EAST, along and with the Southerly line of the said 2.4516 acre
Livesay tract and the Northerly right-of-way line of the Southern Pacific Railroad, for a distance
of 184.87 feet to the Southwest corner and the POINT OF BEGINNING of the easement herein
described;
THENCE NORTH 06051'59" WEST, over and across the said 2.4516 acre Livesay tract, for a
distance of 110.26 feet to a point for corner, said corner being the Southwest corner of that certain
called 40 feet wide drainage easement as described in a deed from C.O. Cunningham to The City
of Beaumont as recorded in Volume 1169, Page 638, Deed Records, Jefferson County, Texas;
THENCE NORTH 83008'01" EAST, along and with the South line of the said City of Beaumont
40 feet wide drainage easement, for a distance of 40.00 feet to a point for corner, said corner being
the Southeast corner of the said City of Beaumont 40 feet wide drainage easement;
THENCE SOUTH 06051'59" EAST, over and across the said 2.4516 acre Livesay tract, for a
distance of 108.91 feet to a point for corner, said corner being in the Southerly line of the said
2.4516 acre Livesay tract and the Northerly right-of-way line of the Southern Pacific Railroad;
EXHIBIT "C"
MA
THENCE SOUTH 81 ° 12' 10" WEST, along and with the Southerly line of the said 2.4516 acre
Livesay tract and the Northerly right-of-way line of the Southern Pacific Railroad, for a distance
of 40.02 feet to the POINT OF BEGINNING and containing 0.1006 Acres, more or less.
This legal description is based a survey prepared on February 27, 2017 by Mark W. Whiteley &
Associates. This legal description is being submitted along with a plat based on this survey (see
EXHIBIT "D").
Thomas S. Rowe, RPLS No. 5728
TBPLS Firm No.: 10106700
W;�—IO 117-58G117-58640 Ft Drainage Easement MSB.docx
EXHIBIT "C"
J"AI(A IY. WHII CLOY do ASSUCIAI CS, INC.
SET 5/8"
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40' DRAINAGE EASEMENT'S I
CITY OF BEA G. 63 �'qQ
VOL. 1169, PG. 638 I \\
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LOT 8 L2
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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.
3. THIS EXHIBIT IS BASED ON A SURVEY PREPARED ON FEBRUARY 27,
2017 BY MARK W. WHITELEY & ASSOCIATES.
LINE
BEARING
DISTANCE
Lt
N06'51'59"W
110.26'
L2
N83'08'01 "E
40.00'
L3
S06'51'59"E
108.91,
L4
S81'12'1O"W
40.02'
CALLED 2.4516 ACRES 40' DRAINAGE EASEMENT
EARNEST JOSEPH LIVESAY, et. ux. (0.1006 ACRES)
CF. NO.OPRJC008800
J Im
5 P Nvll G RpE01
l s SVR�Ev
POB M ,Po.�9
G PBS�RPG� N
N81' 12' 10"E 184.87' L4
FND S81'12'10"W 681.38'
SOUTHERN PACIFIC RAILROAD
(FORMERLY KNOWN AS THE T.& N.O. RAILROAD)(100' ROW)
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 CITY OF BEAUMONT
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME DR Err. coo SIIIF. SHEEP "�
OF THE SURVEY. -�� IVER: Ago 20,e 1 "=50' 1
MARK W. WHITELEY
AND ASSOCIATES
,,, »................».«. INCORPORATED
...9TE10MAS S: ROWE CONSULTING ENGINEERS,
e.p 6728 �� ' SURVEYORS. AND PLANNERS
T.B.P.L.S. FIRM NO. 10106700
P. O. ED%6115 �]60 EASTE%FRNY.
THOMAS S. ROWE — REGISTERED PROFESSIONAL LA 728 EEAUMONT. WMS7772aSQ2 EEAUMOMT. TEASM02
SET 5/8
I. ROOD
EXHIBIT "D"
REFER TO EXHIBIT "C"
FOR LEGAL DESCRIPTIOI
EXHIBIT OF A
40 FEET WIDE
DRAINAGE EASEMENT
C. WILLIAMS SURVEY
ABSTRACT NO. 59
BEAUMONT,JEFFERSON
COUNTY, TEXAS