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Home My WebLink AboutRES 17-096RESOLUTION NO. 17-096 WHEREAS, Parkdale Mall CMBS, LLC has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.0125 acre tract out of and part of Lot 4, Block 1 Amended Parkdale Mall Addition situated in the Frederick Bigner Survey, Abstract No. 1 as described and shown in Exhibit "1," attached hereto, to the City of Beaumont to extend the existing easement to serve two additional parcels located at 4255 Dowlen 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) ten foot (10') wide exclusive water line easement conveyed by Parkdale Mall CMBS, LLC, being a 0.0125 acre tract out of and part of Lot 4, Block 1 Amended Parkdale Mall Addition, situated in the Frederick Bigner Survey, Abstract No. 1 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. - Madr Becky Arffes - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, PARKDALE MALL CMBS LLC, a Texas limited liability company, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a 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 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 GRANTOR: PARKDALL MALL, LLC a Texas limited liability company day of , 2017. By: CBL/Parkdale Mall GP, LLC, its chief manager By: CBL & Associates Limited Partnership Its chief manager By: CBL Holdings I, Inc., its general partner By: ATTEST: Name: Farzana K. Mitchell Title: Executive Vice President — Finance GRANTEE: CITY OF BEAUMONT By: Name: Kyle Hayes Title: City Manager Name: Stanley W. Hildebrand Title: Assistant Secretary ACKNOWLEDGMENTS STATE OF TENNESSEE COUNTY OF HAMILTON This instrument was acknowledged before me on this day of , 2017, by Farzana K. Mitchell, Executive Vice President - Finance of PARKDALE MALL, LLC, a Texas limited liability company, general partner of CBL Holdings I, Inc., on behalf of said limited liability partnership. 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: 10 Feet Wide Water Line Easement (0.0125 Acres) Out of and Part of Lot 4, Block 1 Amended Parkdale Mall Addition Clerk's File No. 2007006814, Official Public Records Frederick Bigner Survey, Abstract No. 1 Beaumont, Jefferson County, Texas BEING a 10 feet wide water line easement situated in the Frederick Bigner Survey, Abstract No. 1, Jefferson County, Texas and being out of and part of Lot 4, Block 1 of Parkdale Mall Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 14, Pages 245 and 246, Map Records, Jefferson County, Texas and also out of and part of Lot 4 of the Amended Plat of Lots 2, 4 and 9, Block 1 of Parkdale Mall Addition as recorded in Clerk's File No. 2007006814, Official Public Records of Real Property, Jefferson County, Texas, said easement being more particularly described as follows: [VOTE: All bearings are referenced to the Westerly line of the said Lot 4 as SOUTH 28°09'19" WEST as recorded in the above referenced Clerk's File No. 2007006814, Official Public Records ofReal Property, Jefferson County, Texas. COMMENCING at a 5/8" iron rod found for the most Northerly corner of the said Lot 4 and the most Easterly corner of Lot 2 of the said Amended Parkdale Mall Addition and in the Westerly of Lot 5, Block 1 of the said Parkdale Mall Addition; THENCE SOUTH 28009'19" WEST, along and with the boundary between the said Lot 2 and Lot 4 of the said Amended Parkdale Mall Addition, for a distance of 228.21 feet to a point; THENCE SOUTH 61°50'41" EAST, over and across the said Lot 4 of the said Amended Parkdale Mall Addition, for a distance of 33.10 feet to the POINT OF BEGINNING of the easement herein described, said point being the most Northerly corner of that certain called 10 foot wide water line easement, identified as "Waterline Easement F" as described in a "Water Line Easement" from Parkdale Mall, LLC to City of Beaumont as recorded in Clerk's File No. 2007047826, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 47°51'02" EAST, for a distance of 46.27 feet to a point for corner; THENCE SOUTH 61005'34" EAST, for a distance of 15.12 feet to a point for corner; THENCE SOUTH 28054'26" WEST, for a distance of 10.00 feet to a point for corner; THENCE NORTH 61005'34" WEST, for a distance of 7.98 feet to a point' for corner; THENCE SOUTH 47051'02" WEST, for a distance of 39.13 feet to a point' for corner; EXHIBIT "A" &A 4;SOCIA TES INC THENCE NORTH 42008'58" WEST, along and with the easement herein described and the said 10 foot water line easement, for a distance of 10.00 feet to the POINT OF BEGINNING of the easement herein described. Surveyed on March 13, 2017. This legal description is being submitted along with a plat based on this survey (see EXHIB "B"). 4 aq . �k . AST ROWE .. Thomas S. Rowe, LS No. 5728 °°°•:•q°•'°°°; 7"°° W 8'°°" TBPLS Firm No.: 10106700 W.,20171A7-225,15-225 WATERLINE EASEMENT m&b.doee UURv� MARK 11' WHITELEY & ASSOCIATES. INC. P ® c FND 5/8" I. ROD LOT 2 :; m to o-00� ooa;m ffi0 N O CO O Z IL N O N N y Z�ZZp IN U w w Lu m FND "PK" NAIL LOT 5 N 04 AMENDED P LAT ADDITION cl+ pARKDAll- LE 2007006814 CF. No. 2007006814 rn LOT 4 PARKDALE Mme- AD & 246 VOL. 14, PGSMRJC - L_2 p——Icl) / �4 v / / 10' WIDE WATER LINE �Y-EASEMENT (0,0125 ACRES) LINE BEARING DISTANCE L7 N4751'02"E 46.27' L2 S61'05'34'E 15.12' L3 S28'54'26'W 10.00' L4 N61'05'34"W 7.98' L5 S47'51'02'W 39.13' L6 N42'O8'58"W 10.00' '50'41"E -' 53.10 / L6 PROPOSED PAD A 10' WATER LINE EASEMENT "F' / CITY OF BEAUMONT CF. NO. 2007047826 OPRJC MALL RING ROAD 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: MARCH 13, 2017 .'�THOMASS. ROWS°.... e 05 ?� '°°'yes s�°°a Tunrsee e RnwG _ QGr_ICTGacn eancreeln�,e, I e►, � 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. EXHIBIT 911311 REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION 10' WIDE WATER LINE EASEMENT (0.0125 ACRE) FREDRICK BIGNER SURVEY ABSTRACT NO. 1 BEAUMONT, JEFFERSON COUNTY, TEXAS MARK W. WHITELEY AND ASSOCIATES INCORPORATED rcuc.)RNrs—.0 LTING ENGINEERS, YORS, AND PLANNERS ...S. FIRMNO. 101 WTD0 P.0. BGX5M 3t30'IJS10[FRw'/- BBABYBm, iE][A.777B"W BEABYBW, =M77M 4Md92 M (FAX M -NZ -13" No Text EAS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, PARKDALE MALL, LLC, a Texas limited liability company, hereinafter called "Grantor", whether one or more, for and in consideration of the sum of ONE AND NO/100ths DOLLAR ($1.00), and other good and valuable consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, P.O. Box 3827, Beaumont, Texas 77704 hereinafter called "Grantee", the receipt and sufficiency of which consideration are hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents shall GRANT, SELL and CONVEY unto Grantee, its successors and assigns, a Water Line Easement (the "Easement") located under, over, in and across those certain tract of land owned by Grantor situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A & B", attached hereto and made a part hereof for all purposes (the "Easement Area"). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, and it is expressly understood and agreed that 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's use of the Easement Area 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 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, that no permanent buildings may be placed on the Easement Area. Notwithstanding the forgoing, 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 Area 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, it successors and assigns, forever, by, though, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page Follows] ► , EXECUTED this GRANTOR: I day of May, 2017. PARKDALL MALL, LLC a Texas limited liability company By: CBL/Parkdale Mall GP, LLC, its chief manager By: CBL & Associates Limited Partnership Its chief manager By: CBL Holdings I, Inc., its general partner By: N '/ effery V. Curry , T' el Chief Legal Officer Legal GRANTEE: CITY OF BEAUMONT By: Name: Kyle Hayes Title: City Manager ATTEST: Ndme:/Stanley W. Hildebr, Title: Assistant Secretary, ACKNOWLEDGMENTS STATE OF TENNESSEE COUNTY OF HAMILTON This instrument was acknowledged before me on this day of May, 2017, by Jeffery V. Curry, Chief Legal Officer of CBL Holdings I, Inc., the general partner of CBL & Associates Limited Partnership, the chief manager of CBL/Parkdale Mall GP, LLC, the manager of PARKDALE MALL, LLC, a Texas limited liability company, on behalf of said limited liability partnership. C �� G R E ES /��i �,.......•• • 02,E Q :.- • STATE• OF TENNESSEE NOTARY �sy•',• PUSLIC •: ? �'/', +O 1111100 , STATE OF TEXAS COUNTY OF JEFFERSON A.C. Greeson Notary Public, State of Tennessee My Commission Expires 2 -10 - 2018 This instrument was acknowledged before me on this day o�docile� 2017, by Kyle Hayes, City Manager of the City of Beaumont, a municipal c at in Jefferson County, Texas, on behalf of said municipal corporation. STEPHANIE DANDY Notary Public, State st Texas Comm. Expires 05-22.2019 Nalary ID 12612100.0 RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 Notary Public, State of Te as EXHIBIT "A" Legal Description: 10 Feet Wide Water Line Easement (0,0125 Acres) Out of and Part of Lot 4, Block 1 Amended Parkdale Mall Addition Clerk's File No. 2007006814, Official Public Records Frederick Bigner Survey, Abstract No Beaumont, Jefferson County, Texas BEING a 10 feet wide water line easement situated in the Frederick Bigner Survey, Abstract No. 1, Jefferson County, Texas and being out of and part of Lot 4, Block 1 of Parkdale Mall Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 14, Pages 245 and 246, Map Records, Jefferson County, Texas and also out of and part of Lot 4 of the Amended Plat of Lots 2, 4 and 9, Block 1 of Parkdale Mali Addition as recorded in Clerk's File No. 2007006814, Official Public Records of Real Property, Jefferson County, Texas, said easement being more particularly described as follows: NOTE: All bearings are referenced to the Testerly line of the said Lot 4 as SOUTH 28°09'19" WEST as recorded in the above referenced Clerk's File No. 2007006814, Official Public Records of Real Property, Jefferson County, Texas. COMMENCING at a 5/8" iron rod found for the most Northerly corner of the said Lot 4 and the most Easterly corner of Lot 2 of the said Amended Parkdale Mall Addition and in the Westerly of Lot 5, Block 1 of the said Parkdale Mall Addition; THENCE SOUTH 28009'19" WEST, along and with the boundary between the said Lot 2 and Lot 4 of the said Amended Parkdale Mall Addition, for a distance of 228.21 feet to a point; THENCE SOUTH 61 °50'41 " EAST, over and across the said Lot 4 of the said Amended Parkdale Mall Addition, for a distance of 33.10 feet to the POINT OF BEGINNING of the easement herein described, said point being the most Northerly corner of that certain called 10 foot wide water line easement, identified as "Waterline Easement F" as described in a "Water Line Easement" from Parkdale Mall, LLC to City of Beaumont as recorded in Clerk's File No. 2007047826, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 4705 F02" EAST, for a distance of 46.27 feet to a point for comer; THENCE SOUTH 61 °05'34" EAST, for a distance of 15.12 feet to a point for corner; THENCE SOUTH 28054'26" WEST, for a distance of 10.00 feet to a point for corner; THENCE NORTH 61 °05'34" WEST, for a distance of 7.98 feet to a point' for corner; THENCE SOUTH 47051'02" WEST, for a distance of 39.13 feet to a point' for corner; EXHIBIT "A" it 1RK 11: 117I1TELEF & .ASSOCLATES, LVC. THENCE NORTH 42008'58" WEST, along and with the easement herein described and the said 10 foot water line easement, for a distance of 10.00 feet to the POINT OF BEGINNING of the easement herein described. Surveyed on March 13, 2017 on this survey (see EXHIBI This legal description is being submitted along with a plat based IIB 11 Thomas S. Rowe, LS No. 5728 TBPLS Finn No.: 10106700 W: 201 T.17-225 15-225 WATERUNE EASEMENT mCb.docx HOMAS UROWE EXHIBIT "A" Page 2 of 2 AR/i IV if%/ITELET & .ISSOCL 1 TES. INC. r®c FND 5/8" 1. ROD LOT 2 U a 0 co IA o� o�(o N O O a �M Z LL:!� 0 d N m N U' Zzlo U U- ca Lu U z w w I . La FND "PK" NAIL LOT 5 N co AMENDED PLAT cclq PARKDALE MALL ADDITION ;f'- CF. N0. 2007006814 rn OPRJC m O 04 LOT 4 f ON pARKDALE Mom- AD & 24 VOL, 14, PGS. 245 & 246 MRJC L2 �4 OB .i/ DE WATER LINE EASEMEINT (0.0125 ACRES 70, S51150'41"E 33.10 / �6 PROPOSED PAD A 10' WATER LINE EASEMENT 'F' CfIY OF BEAUMONT CF. NO. 2007047826 OPRJC MALL RING ROAD 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: MARCH 13, 2017 (b-k i" `S T SSA o Q,o Fa s THOMAS S. ROWE ....fie ......... .......vq ,.9 57mB NOMAS S. ROWE _ REGISTERED PROFESSIONAL LA RVEY,0 o LINE BEARING DISTANCE L1 N4T51'02"E 46.27' L2 S61'05'34'E 15.12' L3 S28'54'26"W 10.00' L4 N61'05'34W 7.98' L5 S47'51'02"W 39.13' L6 N42'08'58"W 10.00' 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. EXHIBIT 1113" REFER TO EXHIBIT A" FOR LEGAL DESCRIPTION 10' WIDE WATER LINE EASEMENT (0.0125 ACRE) FREDRICK BIGNER SURVEY ABSTRACT NO. 1 BEAUMONT, JEFFERSON COUNTY, TEXAS oR sr: coo scue sNEEr No.: vm: Acw son 1 "=30' 1 of 1 17-=5_ ED 0ff_M MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS T.B.P.L.S. FIRM No. 101067DO P. O. BOR SWO 3 ELTIEZFR . 6EAUYONT. TE sTTT� BEAUMONT. TEE 77700 40HR4421 ffA:0 40F=-13"