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Home My WebLink AboutRES 18-025RESOLUTION NO. 18-025 WHEREAS, Megas Enterprise, Inc. has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.2404 acre of land out of and. part of Lot 2, T.H. Langham Subdivision as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for the retail/commercial development located at 5760 Walden 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 Megas Enterprise, Inc., being a 0.2404 acre of land out of and part of Lot 2, T.H. Langham Subdivision as described and shown in Exhibit 1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of January, 2018. W !B Je .r B Pcly Ames - 0 1 STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, MEGAS ENTERPRISE, INC., of the County of Jefferson, State of Texas 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 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/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: MEGAS ENTERPRISES, INC. By: Printed Name: Steve Megas Title: Vice President ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority; on this day personally appeared STEVE MEGAS as VICE PRESIDENT of MEGAS ENTERPRISES, INC., known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to, me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2017. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" 0.2404 ACRE OF LAND FOR WATER LINE EASEMENT PURPOSES OUT OF THE T. H. LANGHAM SUBDIVISION, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS BEING 0.2404 acre of land out of and a part of Lot 2, T. H. Langham Subdivision, City of Beaumont, recorded in Volume 1, Page 17, Map Records, Jefferson County, Texas; being part of a (Called 5.1151) acre tract of land described in a deed to Megas Enterprises, Inc., recorded in File No. 9601598 and a (Called 1.152) acre tract of land described in a deed to Megas Enterprises, Inc., recorded in File No. 2003008818, Official Public Records, Jefferson County, Texas; said 0.2404 acre tract being more fully described by metes and bounds as follows, to wit: Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of 1983, South Central Zone, US Survey Feet, and are referenced to SmartNet, North America. BEGINNING at a point for corner within the right of way of a dedicated road named Walden Road; said point being the Southeast corner of the (Called 5.115 1) acre tract and the Southeast corner of the herein described tract; having a Texas Coordinate of N: 13956907.91, E: 3499679.85; THENCE, South 87 deg., 08 min., 57 sec., West (Called South 89 deg., 10 min., 53 sec., West), on the South line of the (Called 5.115 1) acre tract, a distance of 10.00' to a point for corner; THENCE, North 02 deg., 40 min., 02 sec., West, 10' West of and parallel to the East line of the (Called 5.115 1) acre tract, a distance of 241.29' to a point for corner; THENCE, South 87 deg., 00 min., 50 sec., West, a distance of 433.07' .passing the common line of the (Called 5.1151 and 1.152) acre tracts; continuing for a total distance of 482.11' to a point for corner; THENCE, North 02 deg., 50 min., 29 sec., West, a distance of 41.05' to a point for corner; THENCE, North 87 deg., 00 min., 50 sec., East, a distance of 10.00' to a point for corner; THENCE, South 02 deg., 50 min., 29 sec., East, a distance of 31.05' to a point for corner; THENCE, North 87 deg., 00 min., 50 sec., East, a distance of 405.00' to a point for corner; THENCE, North 02 deg., 50 min., 29 sec., West, a distance of 30.00' to a point for corner, THENCE, North 87 deg., 00 min., 50 sec., East, a distance of 10.00' to a point for corner; THENCE, South 02 deg., 50 min., 29 sec., East, a distance of 30.00' to a point for corner; THENCE, North 87 deg., 00 min., 50 sec., East, a distance of 57.14' to a. point for corner; THENCE, North 02 deg., 40 min., 02 sec., West, 10' West of and parallel to the East line of the (Called 5.1151) acre tract, a distance of 250.78' to a point for corner on the North line of the (Called 5.115 1) acre tract, same being the South line of a (Called 9.776) acre tract of land described in a deed as Tract One to LaBelle Properties, LTD, recorded in File No. 2007018295, Official Public Records, Jefferson County, Texas; said point for corner being the most Northerly Northwest corner of the herein described tract; from which a 1" steel pipe found for a common comer of the (Called 5.1151 and 1.152) acre tracts bears South 87 deg., 08 min., 57 sec., West (Called North 89 deg., 24 min., 00 sec., West), a distance of 434.69'; THENCE, North 87 deg., 08 min., 57 sec., East (Called South 89 deg., 24 min., 00 sec., East), on the common line of the (Called 5.1151 and 9.776) acre tracts, a distance of 10.00' to a %2" steel rod found for the Northeast corner of the (Called 5.1151) acre tract and the Northeast corner of the herein described tract; THENCE, South 02 deg., 40 min., 02 sec., East (Called South 00 deg., 50 min., 03 sec., West), on the East line of the (Called 5.1151) acre tract, a distance of 452.14' (Called 452.07) passing a 5/8" steel rod, capped and marked "WHITELEY", found for reference point; continuing for a total distance of 502.07' to the POINT OF BEGINNING and containing 0.2404 acre of land, more or less. This description is based on the Land Survey made under the direct supervision of Anthony M. Leger, Registered Professional Land Surveyor No 5481 on December 20, 2017. Megas Enterprises, Inc. c/o the City of Beaumont LS -16-0626-E (CALLED 9.776., ACRES) LABELLE PROPERTIES, LTD., TRACT ONE FOUND 4" F.# 2007018295, O.P.R.J.C. GALVANIZED PIPE FOUND 1" S 87'08'57" W 444.69' STEEL PIPE FOUND 1/2" (CALLED N 89'24'00" W 444.93') STEEL ROD T� NORTH LINE OF THE 434.69' N U w SCALE 1" 100' U J O ¢ W U 50 1 0 r,O_p-i NZcc) D_ 0!�No 2 --h < cn LL h¢cnLL U Y v UNE TABLE LINE NO. BEARING DISTANCE L1 N 02'50'29" W 41.05' L2 N 87ro0'50" E 10.00' L3 S 02'50'29" E 31.05' L4 N 02'50'29" W 30.00' L5 N 87'00'50" E 10.00' L6 S 02'50'29" E 30.00' L7 N 87'00'50" E 57.14' The undersigned does hereby, certify that this survey was this day 12/27/17 made on the ground of the property legally described hereon in accordance the minimum standards of practice promulgated the Texas Hoard of Professional Land Surveying. survey is certified for this transaction only an transferable to additional institutions or subs 111' owners. eN M. LEGER LAND SURVEYOR NOTE: 1. BEARINGS, COORDINATES, DISTANCES AND ACREAGE ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, (US SURVEY FEET) REFERENCED TO SMARTNET, NA souTH 1/2, Lor 2 N 87'08'57" E 10.00' I o S 87'11 07 W 100.17 (CALLED S 89'24'00" E) I J w V(CALLED N 89'22'31 " W 100.00' ) w U viLIJ - I 40' WIDE UNIMPORVED R.O.W. 4!f" U¢ in 00 SlVOL 1, PG. 17, M.R.J.C. 0 N �iro� pG��G of uOo?00 0.0 �crM� I ,�c01 SSS' � ! �wl-o7 '-�OD_ �J1�Q�yp�� I I NZ<O) www P�,�N g6��SG 31 oo U ��GpS F . oQ � N I -i U IC4. ¢ L2 L5 o I o C) u7 0 z I o LL = — N 87'00'50" E 405.00' J LJ L7 w C 7 00 S 87'00'50" W 482.11' o N III POINT FOR REFERENCE 0.2404 ACRE OF LAND = o a ® 433.07' FOR (10 WIDE) EXCLUSIVE NI rn v Exlsr. 10' WATER WATER LINE EASEMENT PURPOSES NI LINE EASEMENT PART OF THE LOT 2 F.# 2013007582 T.H. LANGHAM SUBDIVISION III O.P.R.J.C. JEFFERSON COUNTY, TEXAS 31 ®�•�� IoI FOUND 5/8" STEEL �gT�ip I 30' D.D. # 6 EASEMENT ROD CAPPED F� VOL 894, PG. 375, D.R.J.C. .............a... WWITLEY" FOR JOINT USAGE AGREEMENT " NY M. LEG CITY OF BEAUMONT & D.D. # 6 No I REFERENCE ............... F.# 1999013879, O.P.R.J.C. z l ®452.14 •��}-�o� –– – – – – – – – – – – – – – – – – – – (CALLED 452.07)POINT OF — — — s 8708'57" w 10.00'j POINT BEG FINNING OR CORNER WALDEN ROAD (CALLED S 8910'53" W)N: 13956907.91 NO. 5481 1E: 3499679.85 EXHIBIT "B" tmt ®' 3737 Doctors Drive OR (10' WIDE) 0.2404 ACRE OF LAND FEXCLUSIVE WATER LINE EASEMENT PURPOSES, Port Arthur, Texas 77642 PAR TeL 409.983.2004 T OF LOT 2, T.H.LANGHAM SUBDIVISION,' VOL 1, PAGE 17, MAP RECORDS, JEFFERSON COUNTY, TEXAS SURVEYORS & PNGIIVEI;RS Fax. 409.983.2005 MEGAS ENTERPRISES, INC. soutexsurveyorscomWALDEN ROAD TWX. HN T•X• MW +101m0D mwatlsl m BEAUMONT, TEXAS 77707 5760, Walden Road A&A Electric ... (Briggs Equipment ®I H B Neild 8 Sons Lo' Qulnla Inn 8 Suite's Beaumont West ® SUBWAY&Restaurants --- + Walden Rd — Walden Rd Walden Rd -+ Walden Rd Walden Rd w Walden Rd Comfort suites I ®United States Postal Service - Pappadeauxt�p Seafood Kitchen W ®Holiday Inn Hotel 8 Suites Beaumont -Plaza_ Merdmak Capittil Corporation (ATM) ( .j — Fasdene Taco Bell Shell Walden Rd Walden Rd Walden Rd � Y !a 1 u WaydenRd r 0 d. STATE OF TEXAS COUNTY OF JEFFERSON 91 KNOW ALL MEN BY TBESE PRESENTS: X WATER LINE EASEMENT THAT, MEGAS ENTERPRISE, INC., of the County of Jefferson, State of Texas Hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO1100 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; hereiinafter 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 BEAUM[ONT, P, O. Box 3 82.7,. 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. tuated. in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A & B", attach.ed.and made a part hereoffor 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 ofthe 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 FOLD the above described easement and -right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this .S day of 201& GRANTOR: MEGAS ENTERPRISES, INC. By: Printed N :.Steve a Title:yi resident ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared STEVE MEGAS as VICE PRESIDENT of MEGAS ENTERPRISES, INC., known to me to be the person and officer whose name:is subscribed to the foregoing. instrument, and acknowledged to me that he executed the same as the act of such corporation :for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this -5 day of Ie� 2019. ��RPgY FLp �i� PAT N. WILSON Notary Public, State of Texas Comm. Expires 07-16-2021 nn„a —N-o-tary ID 123924717 - Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 EYOMIT "A" 0.2404 AC" OF LAND FOR WATER LINE,FKAElENTPURPOSES OUT OF THE Y. H: Lt1YHAM SVB3IMON, CITY OF BE, AUMONT, JEFFERSON COUNTS, TEXAS BEING 0.2404 acre of land out of and a part of Lot 2, T. H. Langham Subdivision, City of Beaumont, recorded in Volume 1, Page 17, Map Records, Jefferson County, Texas; being part of a (Called 5.1151) acre tract of land described in a deed to Megas Enterprises, Inc., recorded in File No. 9601598 and a (Called 1.152) acre tract of land described in a deed to Megas Enterprises, Inc., recorded in File No. 2003008818, Official Public Records, Jefferson County, Texas; said 0.2404 acre tract being more fully described by metes and bounds as follows, to wit: Note: Bearings, coordinates; distances and acreage are based on the Texas Coordinate System_ of 1983, South Central Zone, US Survey Feet, and are referenced to SmartNet, North America. BEGMING at a point for corner within the right of way of a dedicated. -road named Walden Road; said point being the Southeast corner of the (Called 5,1.151) acre tract and the Southeast corner of the herein described tract; having ,a Texas Coordinate of N:. 18956907.91, E: 3499679.85; THENCE, South 87 deg., 08 mini., 57 sec., West (Called South 89 deg., 10 min., 53 sec., West), on the South line of the (Called 5.1 I5I) acre tract, .a distance of 10.00' to a point for cornier; THENCE, North 02 deg., 40 Wk., 02 sec., West, 10' West of and parallel to the East line of the (Called 5.1151) acre tract, a distance of 241.29' to a point for corner; THENCE, South 87 deg., 00 mein., 50 sec., West, a distance of 4�-3.01' passing the common line of the (Called 5.1151 and 1.152) acre tracts; continuing for a total distance of 482.11' to a. point for corner; THENCE, North 02 deg., 50 min., 29 sec., West, a distance of 41.05' to a point, for corner; THENCE, North 87 deg., 00 min., 50 sec., East, a distance of 10.00' to a point for corner; THENCE, South 02 deg., 50 ' min., 29 sec., East, a distance of 31.05' to a point for corner; THENCE; North 87 deg., 00 min., 50 sec., East, a distance of 405.00' to a point for coiner; THENCE; North 02 deg., 50 min., 29 sec., West, a distance of 30.00' to a point for corner; TEENCE, North 87 deg., 00 min., 50 sec., East, a distance of 10.00' to a point for coiner; THENCE, South 02 deg., 50 min., 29 sec., East, a distance of 30.00' to a point. for corner; THENCE, North 87 deg., 00 min., 50 sec., East, a distance of 57.14' to a point for corner; THENCE, North 02 deg., 40 min., 02 sec., West, 10' West of and parallel to the East line of the (Called 5.1151) acre tract, a distance of 250.78' to a point far corner on the North line of the (Called 5.1151) acre tract, same being the South line of a- (Called 9.776) acre tract of land described in a deed as Tract One to LaBelle Properties, LTD, recorded in File No. 2007018295, Official Public Records,. Jefferson County, Texas; said point for corner being the most Northerly Northwest corner of the herein described tract; from which a 1" steel pipe- found for a common corner of the (Called 5A 151 and 1.152) acre tracts bears South 87 deg., 08 min., 57 sec., West (Called North 89 deg., 24 min.., 00 sec., West), a distance of 434.69" THENCE, North 87 deg., 08 min., 57 sec., East (Called South 89 deg., 24 min., 00- sec., East), on the common line of the (Called 5.1151 and 9.776) acre tracts, a distance of 10.0.0, to a %" steel rod found for the Northeast corner of the (Called 5.1151) acre tract and the Northeast corner of the herein described tract; THENCE, South 02 deg., 40,min., 02 sec., East (Called South 00 deg., 50 min., 03 sec., West), on the East line of the (Called 5.1151) acre tract, a distance of 452.14' (Called 452,07) passing a 5/8" steel.rod, capped and marked "WI.M. LEY", found for reference point; continuing. for a total distance of 502.07' to the POINT OF BEGINNING and containing 0.2404 acre of land, more or less. This description is based on the Land Survey made under the direct supervision of Anthony K Leger, Registered Professional Land Surveyor No 5481 on December 20, 2017. Megan Enterprises, Inc. c/n the City of lB.eaumont LS-I6-062" FOUND 4" GALVANIZED PIPE wwp SCALE: 1' 110V to.� zi O < a:q 0�50 1D0 rr.. o-� zQ o(I: LINE TABLE LINE NO. BEARING DISTANCE Lt N 02'50'29" W 41.OW L2 N 87'00'50" E 40:00' L3 S 02*50129" E 31.05' LA N 02'50'29" W 30,OV L5 N 87'00'50" E 10,,00' L6 S 02'5029" E 30.00' L7 N 87W'50" E 57.14' The was this defy L the Texas Board of survey is certiSed transferable to add owners. M. FOUND STEEL (CALLED 9.776 ACRES) LABELLE PROPERTIES,, LTD., TRAC F.# 2007018295, O.P.R.J.C. 1" PIPE ONE FOUND 11Z STEEL ROD N 87'08'57" E 10.00' /� I o (CALLED S 89 24 00 E)`� I N Lil vi ao 40' WIDE UNIMPORVED R.O.W:I ¢� rn _ I q � � �� VOL 1, PG. 17, M.R.J.C. CGS `�G two'g r" ooG I ¢�S� N9 �0¢g'� GJ �Q �yg� N Q Ir uj o� �a I b 1 n z n 19 � a • iM N 8T00'$0" E 405.00' L7 w o ra �'� cn I I S 87-QIY 0" W 482.11' Lq I I, PUNT FOR 0.2404 ACRE OF LAND I N REFMENCt1Qo I 0 433.07' FOR (10WIDE) EXCLUSIVE .I I WATER UNE EASEMENT PURPOSES L� -INE EASEMENT WATER PART OF THE LOT 2 I I LINE F.� 7-013007582 T.H. LANGHAM SUBDIVISION i I �•P•R�JC. JEFFERSON CQUNTY, TEXAS z � ' ! 30' D'D. # 6 EASEMENT a i FOUND PPE STEEL ;15>T'�: •., I b � ROD CAPPED R� VOL. 894,, PG. 375.: D.R.J.C. '� "WHITLEY" FOR ,,...,..,i.: JOINT USAGE AGREEMENT a REFERENCE w M.-LEGS CITY OF 0'EAUMONT & D.D. # 6 0 452.14' ivvvvovovov.vse.�o . F.# 1999013879, O:P.R.J.C• �� (CALLED 452.07') g}�o� -- —--- -------------- _— POIN'T OF BEGRMMG S 87'08'57" W 10.00' POINT FOR CORNER WALDEN ROAD (CALLED S 89i0'53" W) E:1499670.85 E: 3499679.85 GISTERED PROFESSfQ%L LAM MVEYOR N0. 601 cwW that this sm vey oa the ground of tt; . %ao< in aveordeaoe. or S 87'007" W 444 69' (CALLED N 89024'00" W 444:93') LINE OF THE 434.69' 1 t2, LOT 2 S. 8711 *07" W 100,17' IRK (CALLED N ,8922!31" W 100.0.01) �- 'NORM SOUTH Lr\ 1BFI�RINGS. COORDINATi?S, DISTANCES ANDOLM- ACREAG3E ARE BASED ON THE Tr�AS 000RWNA'fE SYSTEM OF 19n SWTH 3I]RVEXORS �' 1NG CENTRAL ZONE, (U5 SURVEY FEEMT, REFERENCED TO ARUUT T, NA Tam FIRM pm TxL% Fvw pwmwo "e" OF I =7 Doctors Drive FOR (t0 Y� EY=SK .WATER LINE.EASEMEN rlAx nr, Tears TI642 PART W LoT z Ta LANo" SUBWVISION: VOl tArgTeL49.9e=774 MAP It�cosos, �Ix��I¢sorr worm, iE ga=4 09.983,M ME.GAS ENTERPRISES, INC. WALDEN ROAD B.EAUMONT, TEXAS 77707 PURPOSES. . PAGE ty, FILED AND RECORDED OFFICIAL PUBLIC RECORDS -e '64 Carolyn L. Guidry, County Clerk Jefferson County, Texas February 09, 2018 01:17:09 PM FEE: $46.00 2018005264