HomeMy WebLinkAboutRES 18-039RESOLUTION NO. 18-039
WHEREAS, Old Dowlen Cottages Apartments, LP has agreed to convey one (1)
ten foot (10') wide exclusive water line easement, said easement being a 0.4900 acre of
land situated in the Wesley Dykes Survey, Abstract No. 17, Jefferson County, Texas as
described and shown in Exhibit "1," attached hereto, to the City of Beaumont for new
development of cottages located at 4453-4489 Old 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 Old
Dowlen Cottages Apartments, LP, being a 0.4900 acre of land situated in the Wesley
Dykes Survey, Abstract No. 17, Jefferson County, Texas 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 20th day of
February, 2018.
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, OLD DOWLEN COTTAGES APARTMENTS, LP, a Texas limited liability
partnership, hereinafter called "GRANTOR", whether one or more, for and in consideration of
the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to
us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson
County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which
consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these
presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827,
Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line
Easement and the exclusive right to construct, alter, and maintain said waterlines and
appurtenances on the hereinafter described lands which said easement is under, over, in and
across those certain tracts or parcels of land owned by GRANTOR situated in the County of
Jefferson, State of Texas, and being more particularly described in Exhibits "A & B", attached
and made a part hereof for all purposes.
The easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and
appurtenances, and the following rights are also hereby conveyed collectively, the "Easement
Rights".
It is expressly understood and agreed that the City of Beaumont shall have the right of
ingress to and egress from the tracts of land hereinbefore described and use of the same for the
purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate
EXHIBIT "1"
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 52018.
GRANTOR:
OLD DOWLEN COTTAGES APARTMENTS, LP, a Texas limited liability partnership
BY: Old Dowlen Cottages Apartments GP, LLC
Its General Partner
Printed Name: Jeffery L. Kittle
Title: Manager
GRANTEE:
CITY OF BEAUMONT
By:
Name: Kyle Hayes
Title: City Manager
ACKNOWLEDGMENTS
STATE OF INDIANA
COUNTY OF HAMILTON
This instrument was acknowledged before me on this the day of ,
2018, by Jeffrey L. Little, Manager of Old Dowlen Cottages Apartments GP, LLC, General
Partner of Old Dowlen Cottages Apartments, LP, a Texas limited partnership, 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 limited liability company for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,
2018.
Notary Public, State of Indiana
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this day of ,
2018, 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
OLD DOWLEN COTTAGES OCTOBER 30, 2017
0.4900 OF ONE ACRE JOB NO. 5186-00
PROPOSED 10 FOOT WIDE WATER LINE EASEMENT
EXHIBIT "A"
DESCRIPTION OF A 0.4900 ACRE TRACT OF LAND SITUATED
IN THE WESLEY DYKES SURVEY, ABSTRACT NO. 17
CITY OF BEAUMONT
JEFFERSON COUNTY, TEXAS
BEING a 0.4900 ofdne acre.(21,3.44 square foot) of land situated in the Wesley Dykes Survey, Abstract
No. 17, City of Beaumont .of Jefferson County, Tokas and being a portion of the remainder of a called
15.02 acre tract of land as described in an instrument to Latex Investors, L.P. recorded under Jefferson
County Clerk's File Number (J.C.C.F. No.) 2007045002, said 0.4900 of one acre of land described by
metes and bounds as follows:
COMMENCING at a 5/8 -inch iron rod with cap stamped "TBPLS 1010 5600" found on the west right-
of-way line of Old Dowlen Road (60 foot width) and being the most easterly southeast corner of a called
6.92 acre tract of land as described in an instrument to Cypress Place Apartments, LP recorded under
J.C.C.F. No. 2015011133;
THENCE, S 87, °fl0'42" W, along a southerly line of said 6.92 acre tract, a distance of 393.98 feet to a
.point, from which a 5/8 -inch iron rod with cap stamped "BGE INC" found for an interior comer of said
6:92 acre tract bears S 87°00'02" Wj 401.39 feet;
THENCE, over and across said 15.02 acre tract the following courses and distances:
S 02059158" E, a distance of 10.00 feet to the POINT OF BEGINNING and the most northerly
northeast comer of the herein described tract;
S 02°59'58" E, a distance of 106.84 feet to an interior corner of the herein described tract;
N 87°00'02" E, a distance of 190.01 feet to an interior corner of the herein described tract;
N 02159'58" W, a distance of 25.91 feet to a point for corner,
N 87°00'02" E, a distance of 10.00 feet to a point for corner,
S 02159'58" E, a distance of 25.91 feet to an interior comer of the herein described tract;
N 87600'02" E, a distance of 18.15 feet to a point for corner,
S 47059'58" E, a distance of 28.99 feet to a point for corner,
S 02°59'58" E, a distance of 57.21 feet to an interior comer of the herein described tract;
N 87°00'02" E, a distance of 25.91 feet to a point for comer;
S 02°59'58" E, a distance of 10.00 feet to a point for corner;
S 87°00'02" W, a distance of 25.91 feet to an interior corner of the herein described tract;
S 0215958" E, a distance of 112.76 feet to an interior corner of the herein described tract;
N 87000'02" E, a distance of 25.91 feet to a point for corner;
S 02°5958" E, a distance of 10.00 feet to a point for comer;
Page I of 5
\\BROWNGAY.NET\PANZURA\REGIONS\TXH\PROJECTSU iERMANKITTLEPROPERTIES\518&
00 OLD DOWLEN COTTAGES\06_SURVEY\04_FINALS\MB\0 4900WLEMBI.DOCX
OLD DOWLEN COTTAGES OCTOBER 30, 2017
0.4900 OF ONE ACRE JOB NO. 5186-00
PROPOSED 10 FOOT WIDE WATERLINE EASEMENT
S 87°00'02" W, a distance of 25.91 feet to an interior corner of the herein described tract;
S 02°59'58" E, a distance of 33.86 feet to a point for corner;
S 42°00'02" W, a distance of 28.99 feet to a point for corner;
S 87°00'02" W, a distance of 127.84 feet to a point for corner;
N 67°58'37" W, a distance of 4.50 feet to a point for comer;
S 87000102" W, a distance of 69.24 feet to an interior corner of the herein described tract;
S 02059158" E. a distance of 32.00 feet to a point for corner;
S 87°00'02" W, a distance of 10.00 feet to a point for corner;
N 02059158" W, a distance of 18.84 feet to an interior corner of the herein described tract;
S 87°01'23" W, a distance of 8.93 feet to a point for corner;
N 02°58'37" W, a distance of 13.16 feet to an interior corner of the herein described tract;
S 87°00'02" W, a distance of 160.71 feet to a point for comer;
S 62°01'23" W, a distance of 4.50 feet to a point for corner;
S 87°00'02" W, a distance of 100.98 feet to a point for corner;
N 47°5958" W, a distance of 28.99 feet to a point for corner;
N 02°59'58" W, a distance of 96.40 feet to an interior corner of the herein described tract;
S 87°00'02" W, a distance of 25.91 feet to a point for corner;
N 02°59'58" W, a distance of 10.00 feet to a point for corner;
N 87°00'02" E, a distance of 25.91 feet to an interior corner of the herein described tract;
N 02°59'58" W, a distance of 123.75 feet to an interior corner of the herein described tract;
S 87°00'02" W, a distance of 28.11 feet to a point for corner;
N 02°59'58" W, a distance of 10.00 feet to a point for corner;
N 87°00'02" E, a distance of 28.11 feet to an interior corner of the herein described tract;
N 02°59'58" W, a distance of 111.03 feet to a point for the most northerly northwest corner of the
herein described tract;
N 87°00'02" E, a distance of 10.00 feet to a point for corner;
S 02°59'58" E, a distance of 290.03 feet to an interior corner of the herein described tract;
N 87°00'02" E, a distance of 12.70 feet to a point for corner;
Page 2 of 5
1XBRO WNGAY.NE-RPANZURA\REGIONSITXHIPROJECTSIHERMANKITTLEPROPERTIES15186-
00_OLD_DO WLEN_COTTAGES106_SURVEY104_FINALSIMB\O_4900 WLEMB I.DOCX
OLD DOWLEN COTTAGES OCTOBER 30, 2017
0.4900 OF ONE ACRE JOB NO. 5186-00
PROPOSED 10 FOOT WIDE WATER LINE EASEMENT
S 0215958" E, a distance of 10.00 feet to a point for comer,
S 87000'02" W, a distance of 12.70 feet to an interior corner of the herein described tract;
S 02°5958" E, a distance of 47.00 feet to an interior corner of the herein described tract;
S 47°59'58" E, a distance of 536 feet to an interior corner of the herein described tract;
N 42°00'02" E, a distance of 10.00 feet to a point for corner,
S 47°59'58" E, a distance of 10.00 feet to a point for corner;
S 42°00'02" W, a distance of 10.00 feet to an interior corner of the herein described tract;
S 47°59'58" E, a distance of 5.36 feet to an interior comer of the herein described tract;
N 87°00'02" E, a distance of 37.89 feet to an interior corner of the herein described tract;
N 02°5958" W, a distance of 32.00 feet to a point for corner;
N 87°00'02" E, a distance of 10.00 feet to a point for corner;
S 02°59'58" E, a distance of 32.00 feet to an interior corner of the herein described tract;
N 87°00'02" E, a distance of 46.73 feet to a point for comer;
N 62°01'23" E, a distance of 4.50 feet to a point for corner;
N 87100'02" E, a distance of 179.80 feet to an interior corner of the herein described tract;
N 02°59'58" W, a distance of 49.00 feet to a point for corner;
N 87°00'02" E, a distance of 10.00 feet to a point for corner;
S 02°5958" E, a distance of 49.00 feet to an interior corner of the herein described tract;
N 87°00'02" E, a distance of 63.51 feet to a point for comer;
S 67°58'37" E, a distance of 4.50 feet to a point for comer;
N 87°00'02" E, a distance of 121.47 feet to an interior corner of the herein described tract;
N 42°00'02" E, a distance of 5.36 feet to an interior comer of the herein described tract;
N 47°59'58" W, a distance of 10.00 feet to a point for corner;
N 42°00'02" E, a distance of 10.00 feet to a point for corner;
S 47°59'58" E, a distance of 10.00 feet to an interior corner of the herein described tract;
N 42°00'02" E, a distance of 5.36 feet to an interior corner of the herein described tract;
N 02°59'58" W, a distance of 111.64 feet to an interior corner of the herein described tract;
Page 3 of 5
1\BRO W NGAY.NEIVANZURA\RE010NS�TXHIPROJECTSIHERMANKITTLEPROPERTIES15186-
00_OLD DOWLEN COTTAGESW6_SURVEY104 FINALSIMB\0_4900WLEMBI,DOCX
OLD DOWLEN COTTAGES OCTOBER 30, 2017
0.4900 OF ONE ACRE JOB NO. 5186-00
PROPOSED 10 FOOT WIDE WATER LINE EASEMENT
S 87100'02" W, a distance of 14.61 feet to a point for corner;
N 02159'58" W, a distance of 10.00 feet to a point for corner;
N 8700'02" E, a distance of 14.61 feet to an interior corner of the herein described tract;
N 02°59'58" W, a distance of 84.91 feet to an interior corner of the herein described tract;
S 8700'02" W, a distance of 10.00 feet to a point for corner;
N 02°59'58" W, a distance of 10.00 feet to a point for corner;
N 87°00'02" E, a distance of 9.00 feet to an interior comer of the herein described tract;
N 47°59'58" W, a distance of 19.30 feet to an interior comer of the herein described tract;
S 87°00'02" W, a distance of 26.84 feet to an interior corner of the herein described tract;
S 02°59158" E, a ,distance of 20.16 feet to a point for corner,
S 87°00'02" W, a distance of 10.00 feet to a point for corner;
N 02°59'58" W, a distance of 20.16 feet to an interior corner of the herein described tract;
S 87100'02" W, a distance of 113.11 feet to an interior comer of the herein described tract;
S 02°59'58" E, a distance of 13.71 feet to a point for corner,
S 87600'02" W, a distance of 10.00 feet to a point for corner;
N 02059158" W, a distance of 13.71 feet to an interior corner of the herein described tract;
S 87°00'02" W, a distance of 215.91 feet to an interior corner of the herein described tract;
S 02°59'58" E, a distance of 13.71 feet to a point for corner;
S 87°00'02" W, a distance of 10.00 feet to a point for corner;
N 02°59'58" W, a distance of 13.71 feet to an interior corner of the herein described tract,
S 87°00'02" W, a distance of 82.35 feet to an interior comer of the herein described tract;
S 02°59'58" E, a distance of 10.00 feet to a point for corner;
S 87°00'02" W, a distance of 10.00 feet to a point for corner;
N 02°59'58" W, a distance of 10.00 feet to an interior corner of the herein described tract;
S 87100'02" W, a distance of 14.00 feet to a point for corner;
N 02°59'58" W, a distance of 10.00 feet to a point for corner;
N 87°00'02" E, a distance of 115.90 feet to an interior corner of the herein described tract;
Page 4 of 5
UBROWNGAY.NE'RPANZURAIREGIONSITXH\PROJECTS\HERMAN KITTLEPROPERTIES15186-
00 OLD_DOWLEN COTTAGES106_SURVEY\04—FtNALS\MB10 4900WLEMBI.DOCX
OLD DOWLEN COTTAGES OCTOBER 30, 2017
0.4900 OF ONE ACRE JOB NO. 5186-00
PROPOSED 10 FOOT WIDE WATER LINE EASEMENT
N 02°59'58" W, a distance of 26.05 feet to a point for corner;
N 87°00'02" E, a distance of 10.00 feet to a point for corner;
S 02°59'58" E, a distance of 26.05 feet to an interior corner of the herein described tract;
N 87°00'02" E, a distance of 142.29 feet to an interior corner of the herein described tract;
N 02°59'58" W, a distance of 32.00 feet to an interior corner of the herein described tract;
S 87°00'02" W, a distance of 10.00 feet to a point for corner;
N 02°59'58" W, a distance of 10.00 feet to a point for corner;
N 87°00'02" E, a distance of 10.00 feet to an interior corner of the herein described tract;
N 02°59'58" W, a distance of 64.84 feet to a point for corner;
N 87°00'02" E, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.4900
of one acre (21,344 square feet) of land.
Bearing orientation is based on the Texas Coordinate System of 1983 (NAD83), South Central Zone 4204
and is referenced to monuments found along a south line of a called 6.92 acre tract as cited herein and as
shown on a survey plat of even date prepared by the undersigned in conjunction with this metes and
bounds description.
The above description is not to be used for fee conveyance.
la
ffies B. McAllister, Jr. RPLS No. 5717
GE, Inc.
10857 Kuykendahl Road, Suite 250
The Woodlands, Texas 77382
Telephone: (281) 210-5570
TBPLS Licensed Surveying Firm No. 10194119
Page 5 of 5
\1BROWNGAY.NETIPANZURA\ REGIONS\TXHIPROJECTS\HERMANKITfLEPROPERTIM]86-
00_OLD_DOWLEN_COTCAGES\06_SURVEY\04 FINALS\MB\0_ 4900WLEMBI.DOCX
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112M
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U aaKK�
N O
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to+o
Q ¢ Z
a LL:
Q � U
U N U
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CALLED 3.5176 ACRES
JEFFERSON J.C.C.FNOR 21014022973 ICT NO, 6
CALLED 6.92 ACRES
FND, 5/8" 1. ROD CYPRESS C.F. NO APARTMENTS.,
ART NT LP
W/bCE INC CAP _ -
5 87•DO'02" W 401.39'
- - - - - - 10' CITY OF.BEAUMONT W.L.E. P.O.B.
CALLE
0,1Ar
J.C.C. D NO; 201 011 33 0
J.C.C.F. NO. 2016023407 �s
REMAINDER OF A
CALLED 15.02 ACRES
LATEX INVESTORS, LP.
J.C,C.F. NO. 2007045002
L25
- CALLED 14.35 ACRES
PROMISE PROPERTIES, LLC &
THE POINTE BEAUMONT, LLC
J.C.C.F. NO. 2015022172
OF
u
P.O.C.
FND. 5/8" L ROD
W/TBPLS 1070 5500 CAF
y_393.98'-------
900 OF ONE Al
21,344 SQ. FT.
.MES B. McALL.STER: JR. j
:A 5'717 P., MES B. McALL&ER, JR, RPLS NO.
C9 PSE•Ess;pr' r GE, INC.
Al, ••• ��� 10857 KUYKENDAHL ROAD, SUITE 250
SURA THE WOODLANDS, TEXAS 77382
TELEPHONE: (281) 210-5570
LEGEND 0 100
FND. FOUND
I. IRON
J.C.C.F. JEFFERSON COUNTY CLERK'S FILE
NO. NUMBER
P, 0. B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCING
R.O.W. RIGHT-OF-WAY
SQ. FT. SQUARE FEET
W.L.E. WATER LINE EASEMENT
NOTES:
1. THIS EXHIBIT IS FOR GRAPHICAL PURPOSES
ONLY IN RELATION TO THE EASEMENT(S) '-
SHOWN HEREON AND IS NOT A BOUNDARY
SURVEY NOR SHALL IT BE CONSTRUED IN ANY
WAY AS A BOUNDARY SURVEY.
2. A SEPARATE METES AND BOUNDS
DESCRIPTION HAS BEEN PREPARED IN
CONJUNCTION WITH THIS EXHIBIT.
3. BEARING ORIENTATION IS BASED ON THE
TEXAS COORDINATE SYSTEM OF 1983, SOUTH
CENTRAL ZONE.
BGF,oa5
1085IK
� 7 Kuykendehl Road, Buile 250, The Nbadlend%TX 77382
Tet 281-210-6570 a ~ bgebccom
TSPLS Llcerreed Smeyl0g Flan No. 10184119
a.
EXHIBIT "B"
10 FOOT WIDE W.L.E.
SITUATED IN THE
WESLEY DYKES SURVEY, A-17
7 CITY OF BEAUMONT
JEFFERSON COUNTY, TEXAS
Scale: Job No.:, I Date: Drawing:
1°=100' 5186-00 10/30/17 1 OF 2
0
o:
PROJECT
LOCATION �,
of
Bae, me
19867 Kuykendenl Raed, guile 260, The wcodiande, 7x 7)502
Tek 201-210ZM • www.bgekaoxn
TBPLS Loaned Surveying FYm Na 10194119
EXHIBIT "B"
10 FOOT WIDE W.L.E.
SITUATED IN THE
WESLEY DYKES SURVEY, A-17
CITY OF BEAUMONT
JEFFERSON COUNTY, TEXAS
Scale: I Job No.: Date: Drawing:
1"=100' 5186-00 10/30/17 2 OF 2
LINE TA
LE
UM R
BEARIN
DISTANCE
5
10.00'
2'
E
106.
3
N 7' 0 02 �_
190.01
4
N 02"59'58"
W
25.91;
5
N 87'00'02""
10.00
6
S 5
91
7
0
18,15"
8
S 47'
28.99'
9
S 02*59'58"' E
57,21'
10
N 87'00'02'
E
.91
1
S 02*59'58-
00
L12
S 87'00'02"
W
25.9V
13
14
S 02'59 58" E
N 7' O'0
25.91
L15
S 9
1 .00
L16
5 87'00'027'
W
2 .91
7
S 5
E
3 .86
8
S 42*00'02
W
28.99'—�
S T
W
127.84'
D
N 67*58'37"
W
4
1
S 7'0 0
W'
6 .24
2
S 02-59;58
32.00'
3
S 7'0 0
W
10.00'
L24
5
58
S 7'
W
W
18.84'
8.93'
6
N 3
W
13.16'
7
S 87'00'02-
W
.7
1-28
S 2'01 23
W
4.50'
L29
S 87'00'02-
W
100.98-
.98L30
L.30
47-)9'58-
28.99'
L 1-
N 2.5 5
W
96.40'
2
S 87'00'02"W
25.91'
3
N 02*59'58"W
10.00
4N
87'00 02
E
25.91'
35
L36
N 02'59'58"
S T
W
123.75'
28.11
L37
N 2'
W
10.00'
L38
N 87-00-02"
28,11-
L39
N 02'59 58
W
111.03'
L40
N 87V'02'w
E
10.00'
41
5 02'5 5
E
290.03'
42
N 7
12.70'
L43
0 59
10.00'
444 S 700 0
W
12,70'
45
S 2 59'58"
E
47.00'
6
L47
S 47"59'5 -
N 42'00 0
6
00
48
S 7'5 5
E
1000'
49
S
0
50
S 7 5 5&
E
5,36
L 1
N 7'0 0E
3 .89
2
3
N 5' W
N 7'0 0 E
3 00
10.00
0
o:
PROJECT
LOCATION �,
of
Bae, me
19867 Kuykendenl Raed, guile 260, The wcodiande, 7x 7)502
Tek 201-210ZM • www.bgekaoxn
TBPLS Loaned Surveying FYm Na 10194119
EXHIBIT "B"
10 FOOT WIDE W.L.E.
SITUATED IN THE
WESLEY DYKES SURVEY, A-17
CITY OF BEAUMONT
JEFFERSON COUNTY, TEXAS
Scale: I Job No.: Date: Drawing:
1"=100' 5186-00 10/30/17 2 OF 2
Old Dowlen Cottages
4453-4489 Old Dowlen Road
Beaumont, Texas 77706
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II I I i 11llll 1 1 1111 IN I-IIIEA-S 2018007�43
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, OLD DOWLEN COTTAGES APARTMENTS, LP, a Texas limited liability
Partnership, hereinafter called "GRANTOR", whether one or more, for and in consideration of
the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to
us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson
County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which
consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these
presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827,
Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line
Easement and the exclusive right to construct, alter, and maintain said waterlines and
appurtenances on the hereinafter described lands which said easement is under, over, in and
across those certain tracts or parcels of land owned by GRANTOR situated in the County of
Jefferson, State of Texas, and being more particularly described in Exhibits "A & B", attached
and made a part hereof for all purposes.
The easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and
appurtenances, and the following rights are also hereby conveyed collectively, the "Easement
Rights''.
It is expressly understood and agreed that the City of Beaumont shall have the right of
ingress to and egress from the tracts of land hereinbefore described and use of the same for the
purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate
t
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.
J
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 12018.
GRANTOR:
OLD DOWLEN COTTAGES APARTMENTS, LP, a Texas limited liability partnership
BY: Old Dowlen Cottajz'es 4partments GP, LLC
By:
Printed a e: Jeffery L. Kittle
Title: ager
GRANTEE:
CITY OF BEAUMONT
Bv:
Name: Kyle Hayes
Title: City Manager
ACKNOWLEDGMENTS
STATE OF INDIANA
COUNTY OF HANIILTON
This instrument was acknowledged before me on this the day of
2018, by Jeffrey L. Little, Manager of Old Dowlen Cottages Apartments GP, LLC, General
Partner of Old Dowlen Cottages Apartments, LP, a Texas limited partnership, 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 limited liability company for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Okay of ,
2018.
Notar b ' , t e of Indiana
JENNIFER PRICE
Notary Public -Indiana
!�� Resident of Marion County
STATE OF TEXAS § °� My Commission Expires Dec. 24 2023
COUNTY OF JEFFERSON
This instrument was acknowledged before me on this W- day of )7Cbntq V ,
2018, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation domiciled
in Jefferson County, Texas, on behalf of said municipal corporation.
ANGELA MARIETHOMAS
Notary ID #10455072
My Commission Expires
July3,2021
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
r
Notary Public, State of Texas
OLD DOWLEN COTTAGES OCTOBER 30, 2017
0.4900 OF ONE ACRE JOB NO.5186-00
I PROPOSED 10 FOOT WIDE WATER LINE EASEMENT
EXHIBIT "A"
DESCRIPTION OF A 0.4900 ACRE TRACT OF LAND SITUATED
IN THE WESLEY DYKES SURVEY, ABSTRACT NO. 17
CITY OF BEAUMONT
JEFFERSON COUNTY, TEXAS
BEING a 0.4900 of one acre (21,344 square foot)of land situated in the Wesley Dykes Survey, Abstract
No. 17, City of Beaumont bf Jefferson .County, Texas and being a portion of the remainder of a called
15.02 acre tract of land as described in an instrument to Latex Investors, L.P. recorded under Jefferson
County Clerk's File Number (J.C.C.F. No.) 2007045002, said 0.4900 of one acre of land described by
metes and bounds as follows:
COMMENCING at a 5/8-inch iron rod with cap stamped "TBPLS 1010 5600" found on the west right-
of-way line of Old Dowlen Road (60 foot width) and being the most easterly southeast corner of a called
6.92 acre tract of land as described in an instrument to Cypress Place Apartments, LP recorded under
J.C.C.F. No. 2015011133;
THENCE, S 87°OU'02" W, along a southerly line of said 6.92 acre tract, a distance of 393.98 feet to a
point, from which a 5/8-inch iron rod with cap stamped "BGE INC" found for an interior corner of said
6.92 acre tract bears S '87°Q0'02" W, 401.39 feet;
THENCE, over and across said 15.02 acre tract the following courses and distances:
S 02°59'58" E, a distance of 10.00 feet to the POINT OF BEGINNING and the most northerly
northeast corner of the herein described tract;
S 02°59'58" E, a distance of 106.84 feet to an interior corner of the herein described tract;
N 87°00'02" E, a distance of 190.01 feet to an interior corner of the herein described tract;
N 02059158" W, a distance of 25.91 feet to a point for comer;
N 87°00'02" E, a distance of 10.00 feet to a point for corner;
S 02°59'58" E, a distance of 25.91 feet to an interior corner of the herein described tract;
N 87°00'02" E, a distance of 18.15 feet to a point for corner;
S 47°59'58" E, a distance of 28.99 feet to a point for corner;
S 02°59'58" E, a distance of 57.21 feet to an interior corner of the herein described tract;
N 87°00'02" E, a distance of 25.91 feet to a point for corner,
S 02°59'58" E, a distance of 10.00 feet to a point for corner;
S 87°00'02" W, a distance of 25.91 feet to an interior corner of the herein described tract;
S 02°59'58" E, a distance of 112.76 feet to an interior corner of the herein described tract;
N 87°00'02" E, a distance of 25.91 feet to a point -for corner;
S 02°59'58" E, a distance of 10.00 feet to a point for comer;
Page I of 5
MRO WNGAY.NET\PANZURA\REGIONS\TXH\PROJECTS\HERMANKITTLEPROPERTIES\5I86-
00_OLD DOWLEN COTTAGES\06 SURVEY\04_FINALSNB\0 4900WLEMBI,DOCX
OLD DOWLEN COTTAGES OCTOBER 30, 2017
0.4900 OF ONE ACRE JOB NO.5186-00
PROPOSED 10 FOOT WIDE WATERLINE EASEMENT
S 87°00'02" W, a distance of 25.91 feet to an interior comer of the herein described tract;
S 02°59'58" E, a distance of 33.86 feet to a point for corner;
S 42000102" W, a distance of 28.99 feet to a point for corner;
S 87°00'02" W, a distance of 127.84 feet to a point for corner,
N 67°5837" W, a distance of 4.50 feet to a point for corner;
S 87°00'02" W, a distance of 69.24 feet to an interior corner of the herein described tract;
S 02°5958" E, a distance of 32.00 feet to a point for corner;
S 87°00'02" W, a distance of 10.00 feet to a point for corner;
N 02°59'58" W, a distance of 18.84 feet to an interior corner of the herein described tract;
S 870 W, a distance of 8.93 feet to a point for corner;
N 02°5837" W, a distance of 13.16 feet to an interior corner of the herein described tract;
S 87"00'02" W, a distance of 160.71 feet to a point for comer;
S 62°01'23" W, a distance of 4.50 feet to a point for corner;
S 87°00'02" W, a distance of 100.98 feet to a point for corner;
N 47°59'58" W, a distance of 28.99 feet to a point for corner;
N 02°59'58" W, a distance of 96.40 feet to an interior corner of the herein described tract;
S 87°00'02" W, a distance of 25.91 feet to a point for comer;
N 02"59'58" W, a distance of 10.00 feet to a point for corner;
N 87°00'02" E, a distance of 25.91 feet to an interior corner of the herein described tract;
N 02°59'58" W, a distance of 123.75 feet to an interior corner of the herein described tract;
S 87"00'02" W, a distance of 28.11 feet to a point for corner;
N 02°59'58" W, a distance of 10.00 feet to a point for corner;
N 87000102" E, a distance of 28.11 feet to an interior corner of the herein described tract;
N 02°59'58" W, a distance of 111.03 feet to a point for the most northerly northwest corner of the
herein described tract;
N 87°00'02" E, a distance of 10.00 feet to a point for corner;
S 02°59'58" E, a distance of 290.03 feet to an interior corner of the herein described tract;
N 87°00'02" E, a distance of 12.70 feet to a point for corner;
Page 2 of 5
\\BRO WNGAY.NE'RPANZURA\R EGIONS\TXH\PROJECTS\HERMANKITTLEPROPERTI ES\5186-
00 OLD DOWLEN COTTAGES\06 SURVEY\04 FINALS\MB\0 490OWLEMBI_DOCX
OLD DOWLEN COTTAGES OCTOBER 30, 2017
0.4900 OF ONE ACRE JOB NO. 5186-00
PROPOSED 10 FOOT WIDE WATERLINE EASEMENT
S 02°59'58" E, a distance of 10.00 feet to a point for corner;
S 87°00'02" W, a distance of 12.70 feet to an interior corner of the herein described tract;
S 02°59'58" E, a distance of 47.00 feet to an interior comer of the herein described tract;
S 47°59'58" E, a distance of 5.36 feet to an interior corner of the herein described tract;
N 42°00'02" E, a distance of 10.00 feet to a point for comer;
S 47°59'58" E, a distance of 10.00 feet to a point for corner;
S 42°00'02" W, a distance of 10.00 feet to an interior comer of the herein described tract;
S 47°59'58" E, a distance of 5.36 feet to an interior comer of the herein described tract;
N 87°00'02" E, a distance of 37.89 feet to an interior corner of the herein described tract;
N 02°59'58" W, a distance of 32.00 feet to a point for corner;
N 87"00'02" E, a distance of 10.00 feet to a point for comer;
S 02°59'58" E, a distance of 32.00 feet to an interior comer of the herein described tract;
N 87°00'02" E, a distance of 46.73 feet to a point for comer;
N 62'01'23" E, a distance of 4.50 feet to a point for corner;
N 87°00'02" E, a distance of 179.80 feet to an interior corner of the herein described tract;
N 02°59'58" W, a distance of 49.00 feet to a point for comer;
N 87°00'02" E, a distance of 10.00 feet to a point for comer;
S 02°59'58" E, a distance of 49.00 feet to an interior comer of the herein described tract;
N 87000102" E, a distance of 63.51 feet to a point for corner,
S 6758'37" E, a distance of 4.50 feet to a point for corner;
N 87°00'02" E, a distance of 121.47 feet to an interior corner of the herein described tract;
N 42°00'02" E, a distance of 5.36 feet to an interior corner of the herein described tract;
N 47°59'58" W, a distance of 10.00 feet to a point for corner;
N 42°00'02" E, a distance of 10.00 feet to a point for corner;
S 47°59'58" E, a distance of 10.00 feet to an interior corner of the herein described tract;
N 42°00'02" E, a distance of 5.36 feet to an interior corner of the herein described tract;
N 02°59'58" W, a distance of 111.64 feet to an interior comer of the herein described tract;
Page 3 of 5
\\BRO WNGAY,NET\PANZURA\REGIONS\TXH\PROJECTS\HERMANKITTLEPROPERTIES\5186-
00 OLD DOWLEN_COTTAGES\06_SURVEY\04 FINALS\MB\0 4900WLEMBI.DOCX
OLD DOWLEN COTTAGES OCTOBER 30, 2017
0.4900 OF ONE ACRE JOB NO.5186-00
PROPOSED 10 FOOT WIDE WATERLINE EASEMENT
S 87100102" W, a distance of 14.61 feet to a point for comer,
N 02059158" W, a distance of 10.00 feet to a point for corner;
N 87°00'02" E, a distance of 14.61 feet to an interior corner of the herein described tract;
N 02°59'58" W, a distance of 84.91 feet to an interior corner of the herein described tract;
S 87°00'02" W, a distance of 10.00 feet to a point for corner;
N 02°59'58" W, a distance of 10.00 feet to a point for corner;
N 87°00'02" E, a distance of 9.00 feet to an interior corner of the herein described tract;
N 47°59'58" W, a distance of 19.30 feet to an interior corner of the herein described tract;
S 87°00'02" W, a distance of 26.84 feet to an interior corner of the herein described tract;
S 02°59'58" E, a distance of 20.16 feet to a point for corner;
S 87000'02" W, a distance of 10.00 feet to a point for corner;
N 02°5958" W, a distance of 20.16 feet to an interior corner of the herein described tract;
S 87°00'02" W, a distance of 113.11 feet to an interior comer of the herein described tract;
S 02'59'58" E, a distance of 13.71 feet to a point for corner,
S 87°00'02" W, a distance of 10.00 feet to a point for comer;
N 02"5958" W, a distance of 13.71 feet to an interior corner of the herein described tract;
S 87°00'02" W, a distance of 215.91 feet to an interior corner of the herein described tract;
S 02°59'58" E, a distance of 13.71 feet to a point for corner;
S 87°00'02" W, a distance of 10.00 feet to a point for comer;
N 02°59'58" W, a distance of 13.71 feet to an interior corner of the herein described tract;
S 87°00'02" W, a distance of 82.35 feet to an interior corner of the herein described tract;
S 02°59'58" E, a distance of 10.00 feet to a point for corner;
S 87°00'02" W, a distance of 10'.00 feet to a point for corner;
N 02°59'58" W, a distance of 10.00 feet to an interior corner of the herein described tract;
S 87°00'02" W, a distance of 14.00 feet to a point for corner,
N 02°59'58" W, a distance of 10.00 feet to a point for corner;
N 87°00'02" E, a distance of 115.90 feet to an interior corner of the herein described tract;
Page 4 of 5
11BROWNGAY.NETIPANZURA\REGIONSITXHtPROJECTS\HERMAN K[TTLEPROPERTIES15186-
00_OLD WWLEN COTTAGES106_SURVEY104_F[NALSWIBIO 4900WLEMBI.DOCX
OLD DOWLEN COTTAGES OCTOBER 30, 2017
0.4900 OF ONE ACRE JOB NO.5186-00
PROPOSED 10 FOOT WIDE WATERLINE EASEMENT
N 02°5958" W, a distance of 26.05 feet to a point for corner;
N 87°00'02" E, a distance of 10.00 feet to a point for corner;
S 02059'58" E, a distance of 26.05 feet to an interior corner of the herein described tract;
N 87°00'02" E, a distance of 142.29 feet to an interior corner of the herein described tract;
N 02°59'58" W, a distance of 32.00 feet to an interior corner of the herein described tract;
S 87°00'02" W, a distance of 10.00 feet to a point for corner;
N 02°59'58" W, a distance of 10.00 feet to a point for corner;
N 87°00'02" E, a distance of 10.00 feet to an interior corner of the herein described tract;
N 02°5958" W, a distance of 64.84 feet to a point for corner;
N 87°00'02" E, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.4900
of one acre (21,344 square feet) of land.
Bearing orientation is based on the Texas Coordinate System of 1983 (NAD83), South Central Zone 4204
and is referenced to monuments found along a south line of a called 6.92 acre tract as cited herein and as
shown on a survey plat of even date prepared by the undersigned in conjunction with this metes and
hounds .description.
The above description is not to be used for fee conveyance.
Ja " es "B. McAllister, Jr. RPLS No. 5717
GE, Inc.
10857 Kuykendahl Road, Suite 250
The Woodlands, Texas 77382
Telephone: (281) 210-5570
TBPLS Licensed Surveying Firm No. 10194119
Page 5 of 5
\\BRO W NGAY.NETIPANZU RA\REG IONS\TXHIPROJECTS\I-MRMAN KITT LEPROPERTIES\5186-
00_OLD_DOWLEN_COTTAGES\06 SURVEY\04 FINALS\MB\0 4900WLEMBI.DOCX
CALLED 3,5175 ACRES
JEFFERSON CF NO
COUNTY DRAINAGE
DIS
J.C.C.F. 297T3RICT N0. 6
CALLED 6.92 ACRES
MD, 518' 1. ROD CYPRE i.0 C.F . ACEPART2o150NT , LP
£ Wllb INC CAP S 87'00'02' W a0t.39'
---^ — 10 CITY OF,BEAUMONT W.L.E. o P.O.B.
GALLED 0.183• ACRES
J.C.C.F:. N0: 2015011133
J.C.C.F. NO, 2016023407 L103
o
6
-t84 ..
ZM
to
t
8
W
v O
< u)Q
046N
REMAINDER OF A
ozCALLED
rL3
15.02 ACRES
LATEX INVESTORS, L.P.
ZI ti
J.C.C.F. NO. 2007045002
U
5
L25
CALLED 14.35 ACRES
PROMISE PROPERTIES, LLC &
THE POINTE BEAUMONT, LLC
J.C.C.F. NO. 2015OZ2172
P.O.C.
FND, 518- 4 ROD
WI%9FLS 1010 56GO CAP
�_393.98 .--------
300 OF ONE At
21,344 SQ. FT.
I N
LEGEN 0 100
FND. FOUND
I. IRON
OJ.C.C.F. JEFFERSON COUNTY CLERK'S FILE
C,
NO. NUMBER
z P.O.B. POINT OF BEGINNING
W O P.O.C. POINT OF COMMENCING
R.O.W. RIGHT—OF—WAY
SQ. FT. SQUARE FEET
O cD W.L.E. WATER LINE EASEMENT
Q NOTES:
12,
1. THIS EXHIBIT IS FOR GRAPHICAL PURPOSES
ONLY IN RELATION TO THE EASEMENT(S)'
SHOWN HEREON AND IS NOT A BOUNDARY
SURVEY NOR SHALL IT BE CONSTRUED IN ANY
WAY AS A BOUNDARY SURVEY.
2. A SEPARATE METES AND BOUNDS
DESCRIPTION HAS BEEN 'PREPARED IN
CONJUNCTION WITH THIS EXHIBIT.
3. BEARING ORIENTATION IS BASED ON THE
TEXAS COORDINATE SYSTEM OF 1983, SOUTH
CENTRAL ZONE.
I I � eae, mo.
II 1cBM 67 Huykeehl RoaE, 9WIe 260, The Wootlle�s, TX 77332
Tax29+-21aas7o. rww.bgeMemm
ES B. McALLISTER, JR. RPLS NO. 5717
GE, INC.
10857 KUYKENDAHL ROAD, SUITE 250
THE WOODLANDS, TEXAS 77382
TELEPHONE: (281) 210-5570 /D/ra 7
TSPLS Uoamd surveying Firm Na 10194+te
EXHIBIT "B"
10 FOOT WIDE W.L.E.
SITUATED IN THE
WESLEY DYKES SURVEY, A-17
CITY OF BEAUMONT
JEFFERSON COUNTY, TEXAS
Scol e: Job No.:. I Do to: Dr Wing:
1"=100' 5186-00 10/30/17 1 OF 2
LINE TABLE
NUMBER
BEARING 101SIOCE
1
S02'95
1 .0
S 02'59'58 E
106.
3
N 87' 00 F
1 0.0
4
02' 9 5
25.9
L
N 8'00
1 .00
6
S 02 9 5
5.91
L7
57' 0 0
1 .15 '
L8
S 7' 9 5
2 .9
9
S 02'59 5
5 .2
10
N 8 00
25.91
1jp 1 i
S 2' 5
1 0
72
S 87 00 W
2 .91
13
S 02' 9 5
1 .7�_
14
N 87 0 0
.91
15
S 02' 9 5
1 00
16
S 87 0
5.9
L17
S 0 9 5 r-
.86
L18
S 42' 0
.9
1
S87'00
1 7.4
20
N 6 8 3 ' W
4.50
21
S 87' 0 0
6 .2
22
L23
S 02�'S9 58
S 7' 0 0
1 00
24
9 5
1 84
25
S 87' 1 2 W
3
8-22
26
N 02' 8 3 -
1 .7 6
7
S87'Q0
1 0.7
28
5 62" 1 3
4 50
29
S 87'00 0
1 .9
L30
47' 9 5
2 .9
L31
N 02' 9 8
9 .
32
SS 87*00 0
.91
33
02' 9 5 W
10.0
34
N 87' D 0
569,
35.
N095
137
36
L37
S 7 0 0
9 5 W
128' 1
10.00
38
39
N 87'00 0 - �-
N 02' 9 w
.11
111.03
40
N 87000
1 .0
L41
S 02' 9 58
0.
42
N 87' 0 0
12.70
43
SQ9 E
1 .00
L44
S 87"00 0
1 .7
S 02' 9 5
47,0
e45
46
S 47 5
36'
L47
N 42' D
.00
48
S 4 9'S
1 ,00
49
S 2'00 02 W
0.0
50
S 47' 9 5
36
L51
N 87'00 02 E
37.89:
52
N 2'
.00
53
N 87 0 E
LINE
A
U B
TA
4
S 02'59'58"E
3 0
L55
87'0
E
46.7
_N
L56
N 2'0123
E
4.50
L57
N 7'0
02
E
17 8
L 8
N 02'5
58
W
49 00
L 9
RL O
N '0
S O
1 0
49.
L 1
N
0
63.51
L52
S B 'S
37
E
4. 0
L 3
0
02
E
121 47
qL 4
N '0
02
5. 6
L
'5
58
W
10.00
L66
N '0
2
7
S 7'5
58
10.00
8N
TO
0
6
L 9
N 'S
58
W
111.64
D
L 1
S 87'00 'W
N O 'S S8�
14.61
L
00 02
E
14.61
L 3
N '5
58
84 1 '
L 4
S 87'00 02
W
10.00
L75
N '59 58
W
10.
L76
02
E
9.00
L77
N '5
5
W
19.30
L 8
S 87*00
02
W
26.84�
L 9
'59
8
E
2Q.16
L80
S 87.0002
W
10. 00
L81
N 02'5
58
2 6
L 2
S 7'
0
W
11 11
L3
SQ2:5
5
E
13.71
L 4
S
0
W
0O0
L85
59 58'
W
13 1
L 6
S 87'00
02
W
91
L5
S 'S
'58'`
E
13 1
S 8 '0
0
L 9
L 0
N 2'5
S
5
02
W
13. 1
8
L 1
S 5
58
E
10 00
L 2
7'0
.
W
0. 0
L�3
LL
N 2'5
S
'S
58
2
W
0 0
14-00�
95
0
58
10 00
96
N 7'
02
E
1 90
L97
N 'S
58
W
26 05
L98
7'
0
E
10 00
L 9
S . 2'5
58
OS
L 00
7'0
2
4
Li 1
'5
58
0"
�102
S 0
0
W
10
L01�3
5
5
W
0 0
04
N 87'00 02 E
'5 '58"
0. 0
L1 5
W
64.84
L106
N
0
0.00
PROJECT
_OCATION
VICINITY MAP
NOT TO. SCALE
1085 tnc
= 1088714rykentlehl Read, SUN 250, The Woodlsnde, TX 77092
Tat 291-210Z570 a www.bgQ=c m
TSPLS Licensed Surveying Flnn No. 10194119
m
EXHIBIT B"
10 FOOT WIDE W.L.E.
SITUATED IN THE
WESLEY DYKES SURVEY, A-17
CITY OF BEAUMONT
JEFFERSON COUNTY, TEXAS
Scala Job No» Date: Drawln9:
1"-100' 5186-00 10/30/17 2 OF 2
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Carolyn L. Guidry, County Clerk
Jefferson County, Texas
February 28, 2018 01:24:11 PM
FEE: $62.00 2018007443