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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 '`Q�G� 81'F9�'•. ............ ROM F. FAUST -: .o �2 • wV:O� /C' C—L.C. M � et Lf>� N EAsmw uEff mm PREPARm Err FMM a6TAlrv� F1101te:EFIP1a AHD GUftVE17N0 mc. (GGF. N0. 940{745) FMIN OJ'WU6• W BEdO' � >Aaol>4af� �rlm9 um Ct�Lt eoQm® 1 s 8Bii93{' W aB9' ri '�: • Fgin'Fon �¢`O°' NIS 8775 2)' E 2 x 480036' W &91' 71.80 N 87'15'01' E BB' J S 8FSM' N J7446' EMOT B OF 2�(� S H 40'12b6' E 22&87' TO ACCs PACE DDESOW-I V SCALE: Y�BO' �� I to 6 x BMW E 260.42' A 9.051 SQUARE FEET BEING A f0 FEET WIDE 7 SWOOW£ LAW EXGYUSNE WMERUNE EASEMENT � M ° HIE N Ido' A 180A tRACT r or• BUILDIN03 9 S E'- E 1244 OAA6£L EASfEY SL49VE); ABSTRACT Na 20 uw I y BEAUMM7 .EFFD?WN COWRY, TEXAS O S 8639'8{• N 2A07' P � FXLYLSNE �r� i t 12 1s I I II N 0.7'0036' W law eANE CO "�' � TxE TEXAS srATE t8 � PLANE GY�087A7E m1EY, >nas SWR{ N 86393{• E Mr CENMAL ZDAZ CONMGENCE 022174 H Q100>M' 1 24p' sc'� FACTOR a9999575JR NAD 188.1 1{ S °6383{• W =12• n ° S 03TOW E 210P I6 S86W,54'W law ----------------- —II 7 N oivmo W 2.687' �p�ory /// T6 I6 S 863930 W Mr 0S S 4012414 N 19&40' S 4947$8' E 21.J{• I S 401246' 1 law to' Exams BALER / // 19 / M UTU&—::::> i x49.4733'1 =M- LNE ExSEYDI! / / / iNVmm LLC BIJILDM08 S 401236.1 6.14' aS 1 0 ACRESi S 4P4r&Y E 24W' / N 88J93{•E I6a90' H aTO0W W 21.61' N 86393{' E 10. W' / ° SaTMWE 21.1' H 887!93{' E 2XV V S 480036' E d81' t N86393{'E 27{' samoroe•e taco• b.,.___ _------- _ Io' EX111b1VE WA ES1B 2 1 F02lf of 44 /./• V BULDIND6 BUDM4 I J RE7ENNON POND I p x � I I I 625 24 :Z-- H HAT PHUC LES S 8710414W I I I 4.981 ACRES ibRII I (GGF. Na 2014037891 I L&M First Mutual Investments, LLC Multi -Family Development 4575 North Major Drive Beaumont, Texas z 04575 North Major Drive 10min drive -home z o z Vf Stonelelgh on Major West End Lodge Apartments 9 -Breakwater Bay Apartments z 9: P z 3: Z F3 Westhaven Dr Westhaien Dr Z Trace at North Major -9 Eagles La.nding 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