HomeMy WebLinkAboutRES 18-054RESOLUTION NO. 18-054
WHEREAS, L & M First Mutual Investments, LLC has agreed to convey one (1)
ten foot (10') wide exclusive water line easement, said easement being a 0.228 acre of
land out of a 3.80 acre tract, situated in the Daniel Easley Survey, Abstract No. 20,
Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the
City of Beaumont for the development of apartments located at 4575 North Major Drive;
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 L &
M First Mutual Investments, LLC, being a 0.228 acre of land out of a 3.80 acre tract,
situated in the Daniel Easley Survey, Abstract No. 20, 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 6th day of
March, 2018.
�i
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, L&M FIRST MUTUAL INVESTMENTS, 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
purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate
EXHIBIT "A"
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 , 2018.
GRANTOR:
L&M FIRST MUTUAL INVESTMENT, LLC, a Texas limited liability company
By:
Printed Name: Mark Merrill
Title: Manager
GRANTEE:
CITY OF BEAUMONT
By:
Name: Kyle Hayes
Title: City Manager
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me on this the day of ,
2018, by Mark Merrill, Manager of L&M First Mutual Investment, LLC, a Texas limited liability
company 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 Texas
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this day of ,
2018, by Kyle Haves, 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
FAUST Engineering and Surveying, Inc.
Professional Engineers and Professional Surveyors Telephone (409) 813-3410
E-MAILADDRESS INFO@FAUSTENG.COM Fax (409) 813-3484
2525 Calder Street
Beaumont, Texas 77702
Surveying Firm Registration No. 100024-00
Engineering Firm Registration No. 4800
EXHIBIT A
PAGE 1 OF 2
FIELD NOTE DESCRIPTION
FOR A 9,951 SQUARE FEET,
10 FEET WIDE EXCLUSIVE WATERLINE EASEMENT
OUT OFA
3.80 ACRE TRACT
DANIEL EASLEY SURVEY, ABSTRACT NO.20
JEFFERSON COUNTY, TEXAS
February 5, 2018
That certain 0.228 acre (9,951 sq. ft.) tract out of the Daniel Easley Survey, Abstract No.
20, Jefferson County, Texas; said 0.228 acre tract being out of that certain 3.80 tract
conveyed by April Renie Chapa, Executrix of the Estate of Virgil Ray Rutledge, to L&M
First Mutual Investments, LLC as recorded under County Clerk's File No. 2015021103 of
the Jefferson County Real Property Records, said easement being more particularly
described by metes and bounds as follows:
All bearings are based on grid north referenced to the Texas State Plane Coordinate
System, South Central Zone, N.A.D. 1983 datum (convergence angle=02°21'23").
All distances are true surface distance (grid factor=0.999957539).
Area is true surface area.
COMMENCING at a 5/8" iron rebar found at the southeast corner of said 3.80 acre tract,
the northeast corner of a called 4.981 acre tract conveyed to Nhat Phuc Le as described
in Clerks File No. 2014037891 of the Jefferson County Real Property Records and in west
right-of-way line of N. Major Drive (FM 364);
THENCE North N 03000'06" West along the east line of the said 3.80 acre tract and the
west right-of-wayIine of N. Major Drive (FM 364), a distance of 84.50 feet to a POINT
FOR BEGINNING.
Page 1
Field Note Description 140273 Exc.Waterline Esmt.
THENCE along the following courses and distances comprising the herein described
easement:
1) South 86°59'54"
West, a distance of 6.89 feet to a point for corner;
2) North 48°00'06"
West, a distance of 5.81 feet to a point for corner;
3) South 86059'54"
West, a distance of 376.45 feet to a point for corner;
4) North 49°47'55"
West, a distance of 38.81 feet to a point for corner;
5) North 40°12'05"
East, a distance of 226.87 feet to a point for corner
6) North 86°59'54"
East, a distance of 260.42 feet to a point for corner in the east line
of said 3.80 acre
tract and in the west right-of-way line of N. Major Drive (FM 364);
THENCE South 03°00'06" East along the east line of said 3.80 acre tract and the west
right-of-way line of N. Major Drive (FM 364), a distance of 10.00 feet to a point for
corner;
THENCE continuing along the following courses and distances comprising the herein
described easement:
8)
South 86059'54"
West, a distance of 1.50 feet to a point for corner;
9)
South 03°00'06"
East, a distance of 12.40 feet to a point for corner;
10).
South 86°59'54"
West, a distance of 29.07 feet to a point for corner;
11)
North 03°00'06"
West, a distance of 10.00 feet to a point for corner;
12)
North 86°59'54"
East, a distance of 19.07 feet to a point for corner;
13)
North .03°00'06"
West, a distance of 2.40 feet to a point for corner;
14)
South 86°59'54"
West, a distance of 230.12 feet to a point for corner;
15)
South 03°00'06"
East, a distance of23.67 feet to a point for corner;
16)
South 86°5954"
West, a distance of 10.00 feet to a point for corner;
17)
North 03000'06"
West, a distance of 23.67 feet to a point for corner;
18)
South 86°59'54"
West, a distance of 4.47 feet to a point for corner;
19)
South 40°12'05"
West, a distance of 196.40 feet to a point for corner;
20)
South 49°4755"
East, a distance of 21.34 feet to a point for corner;
21)
South 40012'05"
West, a distance of 10.00 feet to a point for corner;
22)
North 49047'55"
West, a distance of 21.34 feet to a point for corner;
23)
South 40°12'05"
West, a distance of 6.14 feet to a point for corner;
24)
South 49°47'55"
East, a distance of 24.85 feet to a point for corner;
25)
North 86°59'54"
East, a distance of 160.90 feet to a point for corner;
26)
North 03000'06"
West, a distance of 21.61 feet to a point for corner;
27)
North 86°59'54"
East, a distance of 10.00 feet to a point for corner;
28)
South 03°00'06"
East, a distance of 21.61 feet to a point for corner;
29)
North 86°59'54"
East, a distance of 205.74 feet to a point for corner;
30)
South 48°00'06"
East, a distance of 5.81 feet to a point for corner;
31)
North 86°59'54"
East, a distance of 2.74 feet to a point for corner in the east line of
Page 2
Field Note Description 140273 Exc.Waterline Esmt.
said 3.80 acre tract and the west right-of-way line of N. Major Drive (FM 364);
THENCE South 03°00'06" East with the east line of said 3.80 acre tract and the west
right-of-way line of N. Major Drive (FM 364), a distance of 10.00 feet to the PLACE OF
BEGINNING, containing 0.228 acre (9,951 sq. ft.) of land, more or less.
This description is based on a Boundary Survey prepared by Richard F. Faust,
P.E., Registered Professional Land Surveyor No. 4782, on Feburary 5, 2018.
Richard F. Faust, P.E.
Registered Professional Land Surveyor No. 4782
Page 3
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BEING A f0 FEET WIDE
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(GGF. Na 2014037891
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L&M First Mutual Investments, LLC
Multi -Family Development
4575 North Major Drive
Beaumont, Texas
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04575 North Major Drive
10min drive -home
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West End Lodge
Apartments
9 -Breakwater Bay
Apartments
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8pgs 2018008698
SIII�IILG�IiIIII,I19ill EAS l
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER DINE EASEMENT
THAT, L&M[ FIRST MUTUAL INVESTMENTS, 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
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 U day of A l I�,Mk , 2018.
GRANTOR:
L&M T U S NT, LLC, a Texas limited liability company
By:
Printed Merril
Title: Manager
GRANTEE:
CITY OF BEAUMONT
t
By:
Name: Kyle Hayes
Title: City Manager
ACKNOWLEDGMEENTS
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this the o[ " ! day of: "Irwaril.4
2018, by Mark Merrill, Manager of L&M First Mutual Investment, LLC, a Texas limited lia ility
company 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.
2018.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Orr —day of ruaP
DARA SUE CRUZ
?_ �= Notary Public. State of Texas
My Commission Expires
%:'oF ���°• October 05, 2019
STATE OF TEXAS §
COUNTY OF JEFFERSON §
1016^ ILAL
ary Public, State of Texas
This instrument was acknowledged before me on this D' - • day of ftnA ,
2018, by Kyle Ham, Cily 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
July 3, 2021
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3 827
Beaumont, TX 77704
Notail Public, State of Texas
FAUST Engineering and Surveying, Inc.
Professional Engineers and Professional Surveyors Telephone (409) 813-3410
E-MAIL ADDRESS INFO@FAUSTENG.COM Fax (409) 813-3484
2525 Calder Street
Beaumont, Texas 77702
Surveying Firm Registration No.100024-00
Engineering Firm Registration No. 4800
EXHIBIT A
PAGE 1 OF 2
FIELD NOTE DESCRIPTION
FOR A 9,951 SQUARE FEET,
10 FEET -WIDE. EXCLUSIVE WATERLINE EASEMENT
OUTOFA
3.80 ACRE TRACT
DANIEL EASLEY SURVEY, ABSTRACT NO.20
JEFFERSON COUNTY, TEXAS
February 5, 2018
That certain 0.228 acre (9,951 sq. ft.) tract out of the Daniel Easley Survey, Abstract No.
20, Jefferson County, Texas; said 0.228 acre tract being out of that certain 3.80 tract
conveyed by April Renie Chapa, Executrix of the Estate of Virgil Ray Rutledge, to L&M
First Mutual Investments, LLC as recorded under County Clerk's File No. 2015021103 of
the Jefferson County Real Property Records, said easement being more particularly
described by metes and bounds as follows:
All bearings are based on grid north referenced to the Texas State Plane Coordinate
System, South Central Zone, N.A.D. 1983 datum (convergence angle=02'21'23").
All distances are true surface distance (grid factor=0.999957539).
Area is true surface area.
COMMENCING at a 5/8" iron rebar found at the southeast corner of said 3.80 acre tract,
the northeast corner of a called 4.981 acre tract conveyed to Nhat Phuc Le as described
in Clerks File No. 2014037891. of the Jefferson County Real Property Records and in west
right-of-way line of N. Major Drive (FM 364);
THENCE North N 03°00'06" West along the east line of the said 3.80 acre tract and the
west right-of-way'line of N. Major Drive (FM 364), a distance of 84.50 feet to a POINT
FOR BEGINNING.
Page 1
Field Note Description 140273 Exc.Waterline Esmt.
THENCE along the following courses and distances comprising the herein described
easement:
1)
South 86059'54"
West, a distance of 6.89 feet to a point for corner;
2)
North 48°00'06"
West, a distance of 5.81 feet to a point for corner;
3)
South 86°59'54"
West, a distance of 376.45 feet to a point for corner;
4)
North 49°4755"
West, a distance of 38.81 feet to a point for corner;
5)
North 40°12'05"
East, a distance of 226.87 feet to a point for corner
6)
North 86'59'54"
East, a distance of 260.42 feet to a point for corner in the east line
of said 3.80 acre
tract and in the west right-of-way line of N. Major Drive (FM 364);
THENCE South 03°00'06" East along the east line of said 3.80 acre tract and the west
right-of-way line of N. Major Drive (FM 364), a distance of 10.00 feet to a point for
corner;
THENCE continuing along the following courses and distances comprising the herein
described easement:
8)
South 86°59'54"
West, a distance of 1.50 feet to a point for corner;
9)
South 03°00'06"
East, a distance of 12.40 feet to a point for corner;
10)
South 86°59'54"
West, a distance of 29.07 feet to a point for corner;
11)
North 03°00'06"
West, a distance of 10.00 feet to a point for corner;
12)
North 86°59'54"
East, a distance of 19.07 feet to a point for corner;
13)
North 03°00'06"
West, a distance of 2.40 feet to a point for corner;
14)
South 86°59'54"
West, a distance of 230.12 feet to a point for corner;
15)
South 03°00'06"
East, a distance of23.67 feet to a point for corner;
16)
South 86°59'54"
West, a distance of 10.00 feet to a point for corner;
17)
North 03°00'06"
West, a distance of 23.67 feet to a point for corner;
18)
South 86°59'54"
West, a distance of 4.47 feet to a point for corner;
19)
South 40°12'05"
West, a distance of 196.40 feet to a point for corner;
20)
South 49°47'55"
East, a distance of 21.34 feet to a point for corner;
21)
South 40012'05"
West, a distance of 10.00 feet to a point for corner;
22)
North 49°47'55"
West, a distance of 21.34 feet to a point for corner;
23)
South 40°12'05"
West, a distance of 6.14 feet to a point for corner;
24)
South 49°4755"
East, a distance of 24.85 feet to a point for corner;
25)
North 86°59'54"
East, a distance of 160.90 feet to a point for corner;
26)
North 03000'06"
West, a distance of 21.61 feet to a point for corner;
27)
North 86°59'54"
East, a distance of 10.00 feet to a point for corner;
28)
South 03°00'06"
East, a distance of 21.61 feet to a point for corner;
29)
North 86-59-54"
East, a distance of 205.74 feet to a point for corner;
30)
South 48°00'06"
East, a distance of 5.81 feet to a point for corner;
31)
North 86°59'54"
East, a distance of 2.74 feet to a point for corner in the east line of
Page 2
Field Note Description 140273 Exc.Waterline Esmt.
said 3.80 acre tract and the west right-of-way line of N. Major Drive (FM 364);
THENCE South 03°00'06" East with the east line of said 3.80 acre tract and the west
right-of-way line of N. Major Drive (FM 364), a distance of 10.00 feet to the PLACE OF
BEGINNING, containing 0.228 acre (9,951 sq. ft.) of land, more or less.
This description is based on a Boundary Survey prepared by Richard F. Faust,
P.E., Registered Professional Land Surveyor No. 4782, on Feburary 5, 2018.
OF T�
hQ�Q� 8 rF9� fy
RDIAM F. FAUST
Richard F. Faust, P.E. < °9 4M
Registered Professional Land Surveyor No. 4782
g Y
Page 3
EASE11ENi MEIMADUNDS
LRE
6EAM
AMWCE
P08
N a 3WO5' W
84.50'
_Q
S 865934' W
6.89'
2
N 48'O W W
5.81'
3
S WW 54' W
376.45'
4
N 4947W W
3a81'
5
N 4OY2b5' E
22&W
6
N 86'S W E
260.42'
7
S 03'00'06' E
10.00'
8
S WW'54' w
1.50'
8
S Qi0 W E
12.40'
70
S 88WW W
29.Or
if
N 03'OOb6' w
ia00'
12
NMWWWE
Wr
I3
N 0300b6' W
240'
14
S WW'54' W
=12'
15
S 03W'06' E
236r
76
s ssj's4' w
laow
@
N aTOD'OS' W
23.6r
18
S 86'M54' w
4.4r
9
S 40'12b5' W
19&40'
S 49'4r55' E
21.34'
1
S 40'12b5' W
iaW
N 4r47'35' W
21-4'
S 40'12%' W
&14'
4
S 49'41-55' E
241V
N 86WW E
16a90'
6
N W=b6' W
21.61'.
N 86WW E
10.00'
S 03'O W E
21.61'
N 88WU* E
2M74'
S 48'D W E
5.81'
1
N 86'S9°54' E
2.74'
S 03WW E
1a00'
EXNIBIT PREPARED BY
. ENGINEERING AND SURVEYING, INC.
I nee um rRWISSmU
m aim rn�cr . rw.orr ,ous ■ wO -W
ammnc mn la aoo . aavcM mu rmin woe.-uo
EXHIBIT B
PAGE 2 OF 2
70 ACCOMPANY A DESCRlP77ON
or
A 9,951 SQUARE FEET
BEING A 10 FEET WIDE
EXCLUSIVE WATERLINE EASEMENT
von
OUT OF
A ZBO ACRE TRACT
DANIEL EASLEY SURVEY, ABS7R4CT Na 20
BEAUMONT, .EFFDtSON COUNTY TEXAS
S� Na 4782 OQ.
BASIS OF BEARINGS IS THE 7EX4S STA7E
PLANE COQRDINA7E SYS7L9 TEXAS SOUTH
Q
CENTRAL ZONE, CQVVERCENQE 02212�
SCALE FACTOR 0.999957539, NAD 1983
10, D(CLUSW
LINE EASEL
J
ii6mi
N 8775'27' E
C—LC. 0.50 H ELL @t Ux
(C.CF. NO 9404745)
BUILDING 3
U V �� P LQ
--------------- ---- fo
'IRST MUTU&—:::�
/INVESTMENTS, LLC BUILDING 6
3.80 ACRES
------ ------
I
BUILDING 5 '
CNHAT PHUC LE—--::�
4.981 ACRES
(CCF. Na 2014037891
EXCLUSIVE WATER LINE ESN
BUILDING 4
7POW OF BEf� mo
711
o
2 M
S 87VI'14' W
i