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HomeMy WebLinkAboutRES 17-138RESOLUTION NO. 17-138 WHEREAS, BNI, LLC has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.1868 acre tract out of Pelham Humphries Survey, Abstract No. 32 as described and shown in Exhibit "1," attached hereto, to the City of Beaumont to serve a proposed metal building for new office space and warehouse located at 6395 Highway 347; 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 BNI, LLC, being a 0.1868 acre tract out of Pelham Humphries Survey, Abstract No. 32 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 25th day of July, 2017. STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, BNI, LLC, a Louisiana 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 perpetual, exclusive, water line easement (the "Easement") to construct, alter, and maintain waterlines and related appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A & B", attached and made a part hereof for all purposes (the "Easement Area") The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the EXHIBIT 1" business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks, landscaping and/or lighting; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page Follows] EXECUTED this day of , 2017. Lei ty,"Ia C�77i BNI, LLC a Louisiana Limited Liability Company, its sole member By: Printed Name: Xavier Grilletta, Jr. Title: Manager ACKNOWLEDGMENT STATE OF LOUISIANA X ST. TAMMANY PARISH X This instrument was acknowledged before me on this the day of , 2017, by Xavier Grilletta, Jr., Manager of BNI, LLC, a Louisiana Limited Liability Company, its sole member, on behalf of said limited liability company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2017. Notary Public, State of Louisiana RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 Ti3PE Firm No. F-5755 TBPLS Firm No.10123800 ' LA EF.Ooosm 3737 Doctors Drive Port Arthur, Texas 77642 SIURVEYORS&ENGINEERS Office (409) 983.2004 Fax (409) 983.2005 EXHIBIT A 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT 0.1868 ACRE OF LAND OUT THE PELHAM HUMPHR1[EES SURVEY, ABSTRACT NO. 32 JEFFERSON COUNTY, TEXAS BEING 0.1868 acre of land out of and a part of Pelham Humphries Survey, Abstract No. 32, Jefferson County, Texas; being part of a (Called 1.33 & 7.7944) acre tract described in a deed to BNI LLC, recorded in File No. 2017004086, Official Public Records, Jefferson County, Texas; said 0.1868 acre tract being more fully described by metes and bounds as follows, to wit: Note: Bearings, distances, coordinates and acreage are based on the Texas Coordinate System of 1983 South -Central Zone U.S. Survey Feet and are referenced to SmartNet, North America. BEGINNING at a 3/4" steel rod found for the Westerly corner of a (Called 8.411) acre tract of land described in a deed to 6405 HWY 347, LLC, recorded in File No. 2015042108, Official Public Records, Jefferson County, Texas and being the Southerly Corner of the (Called 1.33) acre tract and the most Southerly corner of the herein described tract; said 3/4" steel rod being on the Northeasterly right of way line of a dedicated road named State Highway 347 (a.k.a. Twin City Highway); having a Texas Coordinate of N: 13951076.29, E: 3536349.45; THENCE, North 51 deg., 12 min., 24 sec., West (Called North 47 deg., 55 min., 00 sec., West), on the Northeasterly right of way line of said State Highway 347, a distance of 10.00' to a point for corner; from which a %z" steel rod found for the most Southerly corner of the (Called 7.7944) acre tract of land described in a deed to Overnite Transportation Company, recorded in File No. 9732094, Official Public Records, Jefferson County, Texas, and the Westerly Corner of the (Called 1.33) acre tract, bears North 51 deg., 12 min., 24 sec., West (Called North 47 deg., 55 min., 00 sec., West), a distance of 89.58'; THENCE, North 38 deg., 16 min., 18 sec., East, a distance of 370.89' to a point for corner; THENCE, North 51 deg., 43 min., 42 sec., West, a distance of 22.24' to a point for corner; THENCE, South 83 deg., 16 min., 18 sec., West, a distance of 26.74' to a point for corner; THENCE, North 51 deg., 42 min., 41 sec., West, a distance of 322.09' to a point for the most Westerly corner of the herein described tract; THENCE, North 38 deg., 17 min., 19 sec., East, a distance of 72.00' to a point for the most Northerly corner of the herein described tract; THENCE, South 51 deg., 42 min., 41 sec., East, a distance of 10.00' to a point for corner; THENCE, South 38 deg., 17 min., 19 sec., West, a distance of 62.00' to a point for corner; THENCE, South 51 deg., 42 min., 41 sec., East, a distance of 307.94' to a point for corner; THENCE, North 83 deg., 16 min., 18 sec., East, a distance of 26.74' to a point for corner; THENCE, South 51 deg., 43 min., 42 sec., East, a distance of 36.38' to a point for corner on the Northwesterly line of the (Called 8.411) acre tract and the Southeasterly line of the (Called 1.33) acre tract for the most Easterly corner of the herein described tract; from which a 3/a" steel rod found for an angle point in the Northwesterly line of the (Called 8.411) acre tract and the Northeasterly Corner of the (Called 1.33) acre tract, bears North 38 deg., 16 min., 18 sec., East (Called North 42 deg., 05 min., 00 sec., East), a distance of 198.78'; THENCE, South 38 deg., 16 min., 18 sec., West (Called South 42 deg., 05 min., 00 sec., West), on the Northwesterly line of (Called 8.411) acre tract and the Southeasterly line of the (Called 1.33) acre tract, a distance of 380.99' to the POINT OF BEGINNING and containing 0.1868 acre of land, more or less. This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on August 15, 2016. BNI LLC LS -16-0535 I - (CALLED 8.411 ACRES) POINT OF BEGINNING SCALEI"-100' 1 6405 HWY 347, LLC F.# 2015042108 FOUND 3//4° STEEL f1OD E: 3536349.45' S 38'18'18" W 380.99' o O.P.R.J.C. _ _ _ _ _ _ (CALLED S 42'OVOD° W) �. UTILITIES EASEMENT w N 38'16'18° E 198.79' I a (CALLED N 42'05'00" E) o N 38'16'18" E 370.89' 3 o -N 51'43'42" 'r' FOUND i/2" STEEL ROD [ I °' I S 5143'42° E 38.38' N 83'18'18" E 26.74' W 22.24' B I, LLC In ---S 83'16'18' W 28.74' (CALLED 1.33 ACRES) N' I a F.0 2017004086 O.P.R.J.C. "� z — } -------- y --------'— y 1, T SII I -- — — — N 38'15'55" E �` I FOUND 1/2" jr N I `-FOUND 1/2" FOUND ((CALLED 7.7944 ACRES) OVERNI'YE STEEL (t OD ;r I STEEL ROD STEEL ROD The undersigned dean hereby certify that this aurvoy was this day 8/15/2018 made, on the ground, of the ry NOTE, EARINGS, DISTANCES, COORDINATES AND ACREAGE SHOWN ARE REFERENCED TO TEXAS COORDINATE SYS7EM OF 1983, - propeKy legally des ribed hereon in accordanos with the minimum standards of prsotioo promulgated by SOUTH–CENTRAL ZONE, US SURVEY FEET, REFERENCED TO SMARTNET, NORTH AMERICA Lthhe Tazes 8oerd of Professlonsl Land Surveying. This survey is certified for this transaction only, and to not transferable to additional institutions or suboequent otmera. L; 3737 Doctors Drive SHEET TITLE �6 SOUTEX PROJ. NI" = 0 0'PortArthur, Texas 77642 EXHIBIT B SCALE: 1" = 100' Tel. -409.983.2004 PAGE 1 OF 1 TO ACCOMPANY DESCRIPTION OF A, PRINT DATE: 6-2-17 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT DRAWN BY: DNS SURVEYORS & ENGINEERS 0.1868 ACRE OF LAND OUT OF soutex carve 3.2005 THE PELHAM HUMPHIRES SURVEY CHECKED BY: JM soutexsurveyors.com 8 LB.P.E. FIRM p5755 • M.L.S. FIRM ,y10123e0o _ ABSTRACT N0. 32, JEFFERSON COUNTY, TEXAS APPROVED BY: AML 50 100 POINT OF BEGINNING SCALEI"-100' FOUND 3/4" STEEL ROD N: 13951076.29' E: 3536349.45' 0.1868 ACRE OF LAND o ^ 3-� I UTILITIES EASEMENT "' M I FPARTOF THE PELHAM HUMPHIRES SURVEY w c ABSTRACT NO. 32 3 y W �` I JEFFERSON COUNTY ' TEXAS jr N • I V ((CALLED 7.7944 ACRES) OVERNI'YE a I TRANSPORTATION COMPANY F.# 9732094 pp I I O.P.R.J.C. WI y � -- of BNI. LLC q I x (CALLED 7.7944 ACRES) N F.# O.RR.J. 4066 S 3817'19" W 62.00' I a X NI I+ I S 51'42'41° E 10.00' I � Iz N 3B'17'19" E 72.00' FOUND 3/4"FOUND I I I STEEL ROD N I 3/4" STEEL — — — — — — — — — — — — — — — — — — — — — — — — — — —I--� — — — — — — — — — N 38'15'40' E 769.20' I — — y I I HANSFORD ASSOCIATES I (CD 2.34 ACRES) �✓ LIMITEDHANALLEVOL1416, 102 89 0 10ERSH1P I PG.PROPER65S.INC ANTHONY I O.P.R.J.C. I D.R.J.C. REGISTERE The undersigned dean hereby certify that this aurvoy was this day 8/15/2018 made, on the ground, of the ry NOTE, EARINGS, DISTANCES, COORDINATES AND ACREAGE SHOWN ARE REFERENCED TO TEXAS COORDINATE SYS7EM OF 1983, - propeKy legally des ribed hereon in accordanos with the minimum standards of prsotioo promulgated by SOUTH–CENTRAL ZONE, US SURVEY FEET, REFERENCED TO SMARTNET, NORTH AMERICA Lthhe Tazes 8oerd of Professlonsl Land Surveying. This survey is certified for this transaction only, and to not transferable to additional institutions or suboequent otmera. L; 3737 Doctors Drive SHEET TITLE �6 SOUTEX PROJ. NI" = 0 0'PortArthur, Texas 77642 EXHIBIT B SCALE: 1" = 100' Tel. -409.983.2004 PAGE 1 OF 1 TO ACCOMPANY DESCRIPTION OF A, PRINT DATE: 6-2-17 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT DRAWN BY: DNS SURVEYORS & ENGINEERS 0.1868 ACRE OF LAND OUT OF soutex carve 3.2005 THE PELHAM HUMPHIRES SURVEY CHECKED BY: JM soutexsurveyors.com 8 LB.P.E. FIRM p5755 • M.L.S. FIRM ,y10123e0o _ ABSTRACT N0. 32, JEFFERSON COUNTY, TEXAS APPROVED BY: AML 50 100 POINT OF BEGINNING SCALEI"-100' FOUND 3/4" STEEL ROD N: 13951076.29' E: 3536349.45' —N 5112'24" W 10.00' ^ The undersigned dean hereby certify that this aurvoy was this day 8/15/2018 made, on the ground, of the ry NOTE, EARINGS, DISTANCES, COORDINATES AND ACREAGE SHOWN ARE REFERENCED TO TEXAS COORDINATE SYS7EM OF 1983, - propeKy legally des ribed hereon in accordanos with the minimum standards of prsotioo promulgated by SOUTH–CENTRAL ZONE, US SURVEY FEET, REFERENCED TO SMARTNET, NORTH AMERICA Lthhe Tazes 8oerd of Professlonsl Land Surveying. This survey is certified for this transaction only, and to not transferable to additional institutions or suboequent otmera. L; 3737 Doctors Drive SHEET TITLE �6 SOUTEX PROJ. NI" = 0 0'PortArthur, Texas 77642 EXHIBIT B SCALE: 1" = 100' Tel. -409.983.2004 PAGE 1 OF 1 TO ACCOMPANY DESCRIPTION OF A, PRINT DATE: 6-2-17 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT DRAWN BY: DNS SURVEYORS & ENGINEERS 0.1868 ACRE OF LAND OUT OF soutex carve 3.2005 THE PELHAM HUMPHIRES SURVEY CHECKED BY: JM soutexsurveyors.com 8 LB.P.E. FIRM p5755 • M.L.S. FIRM ,y10123e0o _ ABSTRACT N0. 32, JEFFERSON COUNTY, TEXAS APPROVED BY: AML 50 100 3 SCALEI"-100' 2 �I z ^ 3 d The undersigned dean hereby certify that this aurvoy was this day 8/15/2018 made, on the ground, of the ry NOTE, EARINGS, DISTANCES, COORDINATES AND ACREAGE SHOWN ARE REFERENCED TO TEXAS COORDINATE SYS7EM OF 1983, - propeKy legally des ribed hereon in accordanos with the minimum standards of prsotioo promulgated by SOUTH–CENTRAL ZONE, US SURVEY FEET, REFERENCED TO SMARTNET, NORTH AMERICA Lthhe Tazes 8oerd of Professlonsl Land Surveying. This survey is certified for this transaction only, and to not transferable to additional institutions or suboequent otmera. L; 3737 Doctors Drive SHEET TITLE �6 SOUTEX PROJ. NI" = 0 0'PortArthur, Texas 77642 EXHIBIT B SCALE: 1" = 100' Tel. -409.983.2004 PAGE 1 OF 1 TO ACCOMPANY DESCRIPTION OF A, PRINT DATE: 6-2-17 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT DRAWN BY: DNS SURVEYORS & ENGINEERS 0.1868 ACRE OF LAND OUT OF soutex carve 3.2005 THE PELHAM HUMPHIRES SURVEY CHECKED BY: JM soutexsurveyors.com 8 LB.P.E. FIRM p5755 • M.L.S. FIRM ,y10123e0o _ ABSTRACT N0. 32, JEFFERSON COUNTY, TEXAS APPROVED BY: AML t, C y , , • �^�� � �; ^ a I • ti M e 1910 a I VC <, y • } � 1 %9 R �, _. iCy.. �: 9• d i •st,, _'MK �+e t Y,.y�. , r Beaumont Rrve F e�tWs k k � . ., • , , • ,• ��, 'ia, ,{Gent_ , 1� �"� - r 1 •" qw_ M.ew ,� ` "4w es r:a �,,., �q .,,�.. + Ay,. ��,p `�� � � ^ _'• < «" �» r. Flerc ent' Is . a�E �* zk r vrf e ,«-, ,. ;.. cam�'•• r,+wC�rcl �' gOatS i z&"' r rtti _ - '.•,..'4• _ AIN,/ K ,.4. %.^{ • 't +,- . '+f. 4 �. r r. 'if �. _ G'A`L`/ i �..• �"..= f� -'Ly, s� ���i"/e. +�- Golden"Tri pgle ' � :L. ..� • �. ;� �,,,= - $Enterprise Prodots! C UPS F �• ���- {. *< s 347 «. K - 6395 Texas G� t a E 0 7 pgs 2017025856 STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, BNI, LLC, a Louisiana Limited Liability Company, hereinafter called "GRANTOR', whether one or more, for and in consideration of the sum of ONE AND N01100 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 CITE' OF BEAUMONT; P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual, exclusive, water line easement (the "Easement") to construct, alter, and maintain waterlines and related appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A & B", attached and made a part hereof for all purposes (the "Easement Area"). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks, landscaping and/or lighting; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights -of -way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page Follows] 19 EXECUTED this GRANTOR- BN1, LLC STATE OF LOUISIANA 0134CANS PALISH day of 52017. member ACKNOWLEDGMENT This instrument was acknowledged before me on this the _E7 day of 2017, by Xavier Grilletta, Jr., Manager of BNI, LLC, a Louisiana Limited Liability Co any, its sole member, on behalf of said limited liability company. !7 GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 7 * day of % 2017. 5-4 C'A - y `!/ - , Notary Public, State of'Louisiana RETURN TO: City of Beaumont Antoinette Hardy - Engineering r P. O. Box 3827 �N.Bo lu�'Y'R Beaumont, TX 77704 NOTARY PUBllic m lsuwma Q DUMA � 100 ant ID - MAW MD. 11062 TBPE Firm No. F-5755 TBPL5 Firm No. immoo LA EF.0oosni 3737 Doctors Drive $k. Port Arthur, Texas 77642 SURVEY®RS&ENGINEERS office (409) 983.2004 Fax (409) 983.2005 EXIOIT A 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT 0.1868 ACRE OF LAND OUT THE PELHAM HUMPHRIES SURVEY, ABSTRACT NO.32 JEFFERSON COUNTY, TEXAS BEING 0.1868 acre of land out of and a part of Pelham Humphries Survey, Abstract No. 32, Jefferson County, Texas; being part of a (Called 1.33 & 7.7944) acre tract described in a deed to BNI LLC, recorded in File No. 2017004086, Official Public Records, Jefferson County, Texas; said 0.1868 acre tract being more fully described by metes and bounds as follows, to wit: Note: Bearings, distances, coordinates and acreage are based on the Texas Coordinate System of 1983 South -Central Zone U.S. Survey Feet and are referenced to SmartNet, North America. BEGINNING at a %" steel rod found for the Westerly comer of a (Called 8.411) acre tract of land described in a deed to 6405 HWY 347, LLC, recorded in File No. 2015042108, Official Public Records, Jefferson County, Texas and being the Southerly Corner of the (Called 1.33) acre tract and the most Southerly corner of the herein described tract; said %" steel rod being on the Northeasterly right of way line of a dedicated road named State Highway 347 (a.k.a. Twin City Highway); having a Texas Coordinate ofN: 13951076.29, E: 3536349.45; THENCE, North 51 deg., 12 min., 24 sec., West (Called North 47 deg., 55 min., 00 sec., West), on the Northeasterly right of way line of said State Highway 347, a distance of 10.00' to a point for corner; from which a %2" steel rod found for the most Southerly comer of the (Called 7.7944) acre tract of land described in a deed to Overnite Transportation Company, recorded in File No. 9732094, Official Public Records, Jefferson County, Texas, and the Westerly Corner of the (Called 1.33) acre tract, bears North 51 deg., 12 min., 24 sec., West (Called North 47 deg., 55 min., 00 sec., West), a distance of 89.58'; THENCE, North 38 deg., 16 min., 18 sec., East, a distance of 370.89' to a point for comer; THENCE, North 51 deg., 43 min., 42 sec., West, a distance of 22.24' to a point for corner; THENCE, South 83 deg., 16 min., 18 sec., West, a distance of 26.74' to a point for corner; THENCE, North 51 deg., 42 min., 41 sec., West, a distance of 322.09' to a point for the most Westerly corner of the herein described tract; THENCE, North 38 deg., 17 min., 19 sec., East, a distance of 72.00' to a point for the most Northerly corner of the herein described tract; THENCE, South 51 deg., 42 min., 41 sec., East, a distance of 10.00' to a point for corner; THENCE, South 38 deg., 17 min., 19 sec., West, a distance of 62.00' to a point for corner; THENCE, South 51 deg., 42 min., 41 sec., East, a distance of 307.94' to a point for corner; THENCE, North 83 deg., 16 min., 18 sec., East, a distance of 26.74' to a point for corner; THENCE, South 51 deg., 43 min., 42 sec., East, a distance of 36.3 8' to a point for corner on the Northwesterly line of the (Called 8.411) acre tract and the Southeasterly line of the (Called 1.33) acre tract for the most Easterly corner of the herein described tract, from which a 3/a" steel rod found for an angle point in the Northwesterly line of the (Called 8.411) acre tract and the Northeasterly Corner of the (Called 1.33) acre tract, bears North 38 deg., 16 min., 18 sec., East (Called North 42 deg., 05 min., 00 sec., East), a distance of 198.78'; THENCE, South 38 deg., 16 min., 18 sec., West (Called South 42 deg., 05 min., 00 sec., West), on the Northwesterly line of (Called 8.411) acre tract and the Southeasterly line of the (Called 1.33) acre tract, a distance of 380.99' to the POINT OF BEGINNING and containing 0.1868 acre of land, more or less. This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on August 15, 2016. BNI LLC LS-16-0535 I (CALLED 11,411 ACRES) I 6405 HWY 347, LLC F. 150 8 201 FOUND 3/4" STEEL ROD S 3898'18" W 380.99' .J O.P.R.J.C. C. _ _ _ _ _ _ _ (CALLED S 42-05'00" W) w N 3896'18" E^198.79' o (CALLED N 42-05'00" E) N 38'I6'18" E 370.89' 3 0 51'43'42" W 22.24' FOUND 1/2" STEEL ROD I I S 51'43'42" E 36.36'�-N `'8 m I / N J I N 83i6'18" E 28.74' BNI, LLC N S 83-16'18" W 26.74' (CALLED 1.33 ACRES) F.0 20170040t16 O.P.R.J.C. 'n I } I 48D.86' ---------- b z I1 N 3895'55" E 321.18' a FOUND 1/2" I FOUND 1/2" FOUND 1/2" v i STEEL ROD 1r 01 I STEEL ROD STEEL ROD c I 0.1868 ACRE OF LAND o ,04 I w ^ I UTILITIES EASEMENT s 3 d ERTOF THE PELHAM HUMPHIRES SURVEY ABSTRACT NO. 32 w 3e I d JEFFERSON COUNTY, TEXAS o: (CALLED 7.7944 ACRESBw I a I OVERNITE TRANSPORTATION CMPANY F.# 9732094 I O.P.R.J.C. N $I N o I BNI, LLC d6 U (CALLED 7.7944 ACRES) to to WI µnI F.# 2017004085 O.P.R.J.C. -_ S 3817'19" W 62.00' 13 = I yl v S 51'42'41" E 10.00' I vt I= I N 3897'19" E 72.00' I FOUND 3OD I I I I I STEEL ROD I�STEEL RODFOUND I _______,____ N 38'15'40" E ------------ — — — 769.20' — — HANSFORD ASSOCIATES I (CALLED Z34 ACRES) ✓ LIMITED PARTNERSHIP HANSFORD PROPERTIES. INC. F.C. 102-89-0710 OPRJC I VOL 1416. PG. 365 ANTHONY M ER POINT OF BEGINNING FOUND 3/4" STEEL ROD N:13951076.29' E: 3536349.45' —N 51'12'24" W 10.00' 0 50 100 3 SCALEI"-100' i3 Z ' 3 q ¢I 3 2 I I D.R.J.C. REGISTER � PLIP. SUIUNA1-LAND SURVEYOR NO. 5481 The undorsigned dooe hereby certify that this survoy was this day 8/15/2010 made, on the ground, of the NOTE' EARINGS, DISTANCES, COORDINATES AND ACREAGE SHOWN ARE REFERENCED TO TEXAS COORDINATE SYSTEM OF 1993, property legally dssorlbed hareoa can accordance with the minimum standards of prootloo promulgated by SOUTH-CENTRAL ZONE, US SUR4EY FEET, REFERENCED TO SMARTNET, NORTH AMFRICA - e Texas Board of Professional Land Surveying. This survey 1e certified for this tranoaetion only, and is not transferable to additional institutions or eubnequent owners. ,SOUTEX 3737 Doctors Drive SHEET TITLE PROJ, NO:16-0535-E SCALE: 1" = 100' Port Arthur, Texas 77642 EXHIBIT B Tel. 409.983.2004 PAGE 1 OF 1 TO ACCOMPANY DESCRIPTION OF A, PRINT DATE: 6-2-17 9 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT DRAWN BY: DNS SURVEYORS & ENWEERS Fa, 409. 983.2005 0.1868 ACRE OF LAND OUT OF THE PELHAM•. HUMPHIRES SURVEY CHECKED BY: JM T.B.P.E. FIRM #5755 • T.X,L.S. FIRM #10123800 _ _ SOL1teX3LlYV@LjOYS.00111 ABSTRACT NO. 32, JEFFERSON COUNTY, TEXAS APPROVED BY: AML a