HomeMy WebLinkAboutRES 18-089RESOLUTION NO. 18-089
WHEREAS, Emily Ann Clifton has agreed to convey one (1) fifteen foot (15')
wide exclusive water line easement, said easement being out of Plat D11, Tract 44,
situated in the A. Williams Survey, Abstract No. 285, Jefferson County, Texas as
described and shown in Exhibit "1," attached hereto, to the City of Beaumont for the
Water Main Project between Cottonwood Avenue and Caldwell Avenue; 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) fifteen foot (15') wide exclusive water line easement conveyed by
Emily Ann Clifton, being out of Plat D11, Tract 44, situated in the A. Williams Survey,
Abstract No. 385, 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 24th day of
April, 2018.
ttyor Becky Ames -
THE STATE OF TEXAS
COUNTY OF JEFFERSON
AGREEMENT
PROJECT: Water Main Project
Tract 44
a
X
This agreement between EMILY ANN CLIFTON, of the County of Jefferson, State of
Texas, hereinafter called GRANTOR, and the CITY OF BEAUMONT, acting by and through its
duly authorized Agent, hereinafter called GRANTEE, witnesseth:
CITY OF BEAUMONT and the GRANTOR above recited have reached an agreement
wherein the GRANTOR are to convey to the CITY OF BEAUMONT property described fully in
a Water Line Easement to be executed by GRANTOR, to which reference is hereby made for
complete description, said property being briefly described as follows:
15 feet wide easement, situated in the Absalom Williams Survey, Abstract No. 385,
in the City of Beaumont, Jefferson County, Texas
The consideration and conditions of agreement are fully listed and stated. The CITY OF
BEAUMONT will pay GRANTOR as follows:
TWO THOUSAND THREE HUNDRED NINETY-FOUR AND NO1100 DOLLARS
($2,392.00)
All liens and taxes (either current or delinquent) will be deducted.
It is further agreed that the terms of agreement herein stated are in consideration of the
delivery to the CITY OF BEAUMONT of a valid conveyance of all rights, title and interest
described in the Special Warranty Deed from GRANTOR to the CITY OF BEAUMONT.
THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE
BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT
ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE
AUTHORIZED.
EXECUTED this ---� day of -k-vv- ' 20(8.
CITY OF BEAUMONT
Antoinette Hardy
Real Properly Coordinator
EXHIBIT "1"
EMILY ANN CLIFTON
R
Emily Ann r
lifton
STATE OF TEXAS X
COUNTY OF JEFFERSON X
KNOW ALL MEN BY THESE PRESENTS:
WATER LINE EASEMENT
THAT, EMILY ANN CLIFTON, resides in Jefferson County, Texas hereinafter called
"GRANTOR", whether one or more, for and in consideration of the sum of ONE AND N0/100
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", 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 A � day of �' � 1 , 2018.
GRANTOR:
EMILY ANN CLIFTON
By: m : f C� (�}�
GRANTEE:
CITY OF BEAUMONT
By:
Name: Kyle Hayes
Title: City Manager
ACKNO)UEDGMENTS
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this � day of -Ap'1 ,
2018, by Emily Ann Clifton.
lemy
GREGORY B. CANTUENOTARY PUBLICSTATE OF TEXAS
ID # 7646005 otar c,State of Texas
Comm. Expires 05-26-2020 y
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this day of ,
2017, 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
State of Texas § xI
SCHAUMBURG & P0W, �•�
County of Jefferson § �C`thtq%=i:::r i€: yj
Field notes describing the centerline of a proposed 15 feet wide easement, being the west 15 feet of atract with
no called acreage, recorded in Volume 2063, Page 468, Official Public Records of Jefferson County, Texas, in
the Absalom Williams Survey, Abstract 3 85, Jefferson County, Texas.
All bearings, distances, and acreages are grid and are referenced to the State Plane Coordinate System,
NAD 83, Texas South Central Zone, U.S. Survey feet. Mapping angle for this project is +02° 23' 26" and the
scale factor is 0.999952232. See accompanying plat.
COMMENCING at a 1/2 inch iron rod with cap marked "SPI 6535" set at the intersection of the east line of
the B.N.SX. Railroad (called 100 feet wide R.O.W.) and the south line of Live Oak Street (called 60 feet wide
RO.W.), and at the northwest comer of said Tract recorded in Volume 2063, Page 468. Said 1/2 inch iron rod
has a State Plane coordinate value ofN: 13979587.26 and E: 3511236.54.
TBENCE N 85° 42' 21" E with the south line of said Live Oak Street and the north line of said Tract recorded
in Volume 2063, Page 468, a distance of 8.76 feet to the PLACE OF BEGINNING, having a State Plane
coordinate value ofN: 13979587.92 and E: 3511245.27.
TBENCE S 35° 23' 19" E parallel with and 7.5 feet perpendicular to the west line of said Tract recorded in
Volume 2063, Page 468'a distance of 163.49 feet to the place of termination, containing 163.49 total linear
feet, from which a 1/2 inch iron rod with cap marked "SPI 6535" set at the intersection of an Alley (called 20
feet wide R.O.W.) and the east line of said BN.S.F. Railroad at the southwest comer of said Tract recorded in
Volume 2063, Page 468 and the northwest comer of the remainder of Tract 44 Block L, Section D-11, as
shown on the Official City of Beaumont Map dated April, 1980, an unrecorded map found on file at the City
of Beaumont Engineering Department bears S 850 42'21" W a distance of 8.76 feet and a 1/2 inch iron rod
with cap marked "SPT 6535" set at the intersection of the south line of said Alley and the east line of said
B.N.S.F. Railroad, at the southwest corner of said remainder of Tract 44 and the northwest corner of Tract 43,
Block L, Section D-11, said City of Beaumont Map bears S 13° 40' 26" E a distance of 2027 feet. Said place
of termination has a State Plane coordinate value of N: 13979454.63 and E: 3 511339.95.
I, Daniel J. Warrick, do hereby certify that this description reflects an accurate survey made on the ground and
according to law, and that the limits, boundaries, and comers are truly described just as I found or set them.
Given under my hand and seal this 30th day of November, 2017.
nru\s TEa� Daniel J. Warrick
Registered Professional Land Surveyor No. 6535
T13PLS FIRM REGISTRAMON NO. 10194353
3 Coliege Street, Suite 100 1 Beaumont, TT 77707
)1.866.034'1 I•F:4.09.866.0337
LIVE OAK AVE,
(CALLED 60' WIDE R.O.W.)
N85' 42' 21" E PLACE OF BEGINNING
N: 13979587.92
75' E: 3511245.27
PLACE F
COMMENCEMENT ABSALOM WILLIAMS SURVEY
1/2" IRON R60 SET A^385
"SPI
WITH CAP 6535"
N: 13979587.26 LOGj
E: 3511236.54 °a� O o�
29
O
A
47
'aa CITY OF BEAUMONT MAP
F BLOCK L, SECTION D 11
PANEL NE 2-3
DATED �\ 1980
UNREC RDEID
t
15.00'
® \
PLACE OF
STERMINATION
N: 1397943511339.95
Po P 1/2" IRON ROD SET ALLEY
WITH CAP "SPi 6535" REMTRAIANffR OF (CALLED
J 44 20 WIDE R.O.W.)
S85' 42' 21`
8.76SIX 40 28" E '
d 20,27'
1/2" IRON ROD SET
WITH CAP "SPI 5535' 43
NOTE-
OTEAll
All
bearings, distances, and acreages ore grid and SURVEY are referenced to the State Plane Coordinate
System, NADB3, Texas South Central Zone, U, S, SHOVING A, PROPOSED
Survey feet, Mapping angle for this project
82232.
EASEMENT t02' 23' 26" and the scale footer in 0.99999 lv
See accompanying field notes. The referenced City
of Beaumont Map was not found recorded in official BEING THE WEST 15 FEET OF A
public records. Appraisal district information and TRACT (NO CALLED ACREAGE)
other recorded documents refer to this map as
source information. The map Is on file at the RECORDED IN VOLUME 20133, PAGE 468
Beaumont office of SPI, and City of Beaumont O.Pa.J.C.T,
Engineering Department. ABSALOM T MLIAMR SURVEY,
ABSTRACT 385
JEFFERSON COUNTY, TEXAS
'1,,,.••s�r�•f,� I. Daniel J. Warrick do hereby certify that this plat
reflects on actual survey made an the ground and
o O� according to law, and that the limits, boundaries,
+• •••• •••• • ••••••t •- and comers are truly described Just as I found or
163
DANIEL J. >JVARRiCiC set them. Given under my hand and seal this 30th
.
.......................... V. day of November, 2017.
SCALE: 1 • = 30• :A�, 6535
HAUMBURG & POLK,wn'
TBPLS Hrm RnISWstim S 10104®53 Daniel J. Warrick
BBES College Street, Beaumont, Taxes 77707 Registered Professional Land Surveyor No. 6535
408,6.0341 P-409.666,0997F
too-Copyright2017
Cottonwood Ave
Cottonwood Ave Cottonwood Ave
Cottonwod Ave
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Live Oak St
tive Oak St
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Caldwell Ave
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II I I I �I I II II I II I� II I II� EAss 2018016515
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, EMILY ANN CLIFTON, resides in Jefferson County, 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 Exhibits "A", 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.
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me on this ev day of A'' I ,
2018, by Emily Ann Clifton.
emy=B.CANTUENTUELICAS -26-2020
STATE OF TEXAS
COUNTY OF JEFFERSON
tate of
otary c, STexas
This instrument was acknowledged before me on this $% day of Ma i4,
2017, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation oil miciled
in Jefferson County, Texas, on behalf of said municipal corporation.
ANGELA MAMETHOMAS
Notary 10 #10455072
My Commission Expires
July 3, 2021
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
1
Notary PUlic, State of Texas
State of Texas §�
SCHAUWBURG POLK.I sc.
County of Jefferson §
Field notes describing the centerline of a proposed 15 feet wide easement, being the west 15 feet of a tract with
no called acreage, recorded in Volume 2063, Page 468, Official Public Records of Jefferson County, Texas, in
the Absalom Williams Survey, Abstract 385, Jefferson County, Texas.
All bearings, distances, and acreages are grid and are referenced to the State Plane Coordinate System,
NAD83, Texas South Central Zone, U. S. Survey feet. Mapping angle for this project is +02123' 26" and the
scale factor is 0.999952232. See accompanying plat.
COMMENCING at a 1/2 inch iron rod with cap marked "SPI 6535" set at the intersection of the east line of
the.B.N.S.F. Railroad (called 100 feet wide R.O.W.) and the south line of Live Oak Street -(called 60 feet wide
R.O.W.), and at the northwest comer of said Tract recorded in Volume 2063, Page 468. Said 1/2 inch iron rod
has a State Plane coordinate value of N: 13979587.26 and E: 3511236.54.
THENCE N 85' 42' 21" E with the south line of said Live Oak Street and the north line of said Tract recorded
in Volume 2063, Page 468, a distance of 8.76 feet to the PLACE OF BEGINNING, having a State Plane
coordinate value of N: 13979587.92 and E: 3511245.27.
THENCE S 35' 23' 19" E parallel with and 7.5 feet perpendicular to the west lime of said Tract recorded in
Volume 2063, Page 468 .a distance of 163.49 feet to the place of termination, containing 163.49 total linear
feet, from which a 1/2 inch iron rod with cap marked "SPI 6535" set at the intersection of an Alley (called 20
feet wide R.O.W.) and the east line of said B.N.S.F. Railroad at the southwest corner of said Tract recorded in
Volume 2063, Page 468 and the northwest corner of the remainder of Tract 44 Block L, Section D-11, as
shown on the Official City of Beaumont Map dated April, 1980, an unrecorded map found on file at the City
of Beaumont Engineering Department bears S 850 42' 21" W a distance of 8.76 feet and a 1/2 inch iron rod
with cap marked "SPI 653 5" set at the intersection of the south line of said Alley and the cast line of said
B.N.S.F. Railroad, at the southwest corner of said remainder of Tract 44 and the northwest comer of Tract 43,
Block L, Section D-11, said City of Beaumont Map bears S 13' 40' 26" E a distance of 20.27 feet. Said place
of termination has a State Plane coordinate value of N: 13979454.63 and E: 3511339.95.
I, Daniel J. Warrick, do hereby certify that this description reflects an accurate survey made on the ground and
according to law, and that the limits, boundaries, and corners are truly described just as I found or set them.
Given under my hand and seal this 30th day of November, 2017.
�r Daniel J. Warrick
W 'e` Registered Professional Land Surveyor No. 6535
.q........ ............F..
DANIEL J. WARRICK
...., ...<................. v..
6535 s
TBPLS FIRM REGISTRATION NO. 10194353
LIVE OAK AVE.
(CALLED 60' WIDE R.O.W.)
PLACE OF BEGINNING
N85' 42' 21" E N: 13979587.92
8 76' . E: 3511245.27
PLACE F
COMMENCEMENT
1/2" IRON ROD SET
WITH CAP "SPI 6535"
N: 13979587.26 L'G0Gj
E: 3511236.54 \ 0.0! C,, 0"
!l_
G?0'AF�rt
F
15.00'
ABSALOM WILLIAMS SURVEY
A-385
6 _I
CITY OF BEAUMONT MAP
BLOCK L, SECTION D 11
PANEL NE 2-3
DATED APRIL, 1980
UNRECORDED
PLACE OF TERMINATION
\N: 13979454.63 \
E: 3511339.95
1/2-IRON ROD SET
WITH CAP "SPI 6535"
S85' 42' 21
8.76'
1/2" IRON ROD SETS
WITH CAP "SPI 6535"
NOTE:
All bearings, distances, and 'acreages are grid and
are referenced to the State Plane Coordinate
System, NAD83, Texas South Central Zone, U. S.
Survey feet. Mapping angle for this project is
+02' 23' 26" and the scale factor is 0.999952232.
See accompanying field notes. The referenced City
of Beaumont Map was not found recorded in official
public records. Appraisal district information and
other recorded documents refer to this map as
source information. The map is on file at the
Beaumont office of SPI, and City of Beaumont
Engineering Department.
W o
SCALE: 1 " = 30'
�2SCHAUMBURG & PDLK,iNa
TSPLS Flrm Registratlon # 10194353
8665 College Street, Beaumont, Taxes 77707
409.866.0341 P - 409.866.D337 F
Do Copyright 2017
REMAINDER OF
TRACT
S13' 40' 26' E
20.27'
ALLEY
(CALLED
20' WIDE R.O.W.)
43
SURVEY
SHOWING A. PROPOSED
EASEMENT
BEING THE WEST 15 FEET OF A
TRACT (NO CALLED ACREAGE)
RECORDED IN VOLUME 2063, PAGE 468
O.P.R.J.C.T.
ABSALOM WILLIAMS SURVEY,
ABSTRACT 385
JEFFERSON COUNTY, TEXAS
��'� s•Ta,,�
yG
�: @• fs e�
I, Daniel J. Warrick, .do hereby certify that this plat
reflects an actual survey made on the ground and
according to law, and that the limits, boundaries,
... %•.......•.•.•..•........
and corners are truly described just as I found or
DANIELJ. WARRICK
. ., .....
set them. Given under my hand and seal this 30th
day of November, 2017.
q, 6535
Daniel J. Warrick
Registered Professional Land Surveyor No. 6535
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Carolyn L. Guidry, County Clerk
Jefferson County, Texas
May 09, 2018 09:57:31 AM
FEE: $42.00 2018016515