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Home My WebLink AboutRES 19-118RESOLUTION NO. 19-118 WHEREAS, Beck Custom Homes, LLC has agreed to convey one (1) ten foot (10') wide exclusive sewer easement, said easement being a 0.1224 acre tract out of and part of Lots 1-7 of the VCCB Subdivision, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for new development of the VCCB Subdivision located at 9325, 9345, 9365, 9385, 9405, 9415 and 9435 Phelan Boulevard; 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 is in the best interest of the City of Beaumont 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 sewer easement conveyed by Beck Custom Homes, LLC, being a 0.1224 acre tract out of and part of Lots 1-7 of the VCCB Subdivision, 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 18th day of June, 2019. STATE OF TEXAS X COUNTY OF JEFFERSON X SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT, BECK CUSTOM HOMES LLC, of the County of Jefferson, State of Texas, hereinafter called "GRANTORS", 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, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Sewer Easement and the right to construct, alter, and maintain said sewer line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTORS situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A" and "B" attached and made apart hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, removing sewer lines and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tract 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. EXHIBIT "V Grantor agrees not to place any structures or appurtenances within the Easement Property. 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 , 2019. GRANTOR: BECK CUSTOM HOMES LLC James Beck, Member ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared James Beck, Member of Beck Custom Homes LLC, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2019. Notary Public, State of Texas Return To: City of Beaumont Antoinette Hardy- MENG P.O. Box 3827 Beaumont, Texas 77704 U."42.1 -MUM Legal Description: 10 Feet Wide Exclusive Sewer Easement 0.1224 Acre Tract of Land Out of and Part of Lots 1 — 7 VCCB Subdivision Clerk's File No. 2018029674, Official Public Records of Real Property A. Savery League, Abstract No. 46 Beaumont, Jefferson County, Texas BEING a 10 feet wide sewer easement containing 0.1224 acres situated in the A. Savery League, Abstract No. 46, Jefferson County, Texas and being out of and part of Lots 1 — 7 of the VCCB Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Clerk's File No. 2018029674, Official Public Records of Real Property, Jefferson County, Texas, said 0.1224 acre easement being more particularly described as follows: NOTE. 411 bearings are referenced to the East right-of-way line of Phelan Boulevard as NORTH89°59'14"EAST as recorded in the above referenced Clerk's File No. 2018029674, Official Public Records of Real Property, Jefferson County, Texas. COMMENCING at a 5/8" iron rod with a cap stamped "M. W. Whiteley & Associates" found for the Northeast corner of the said Lot 1 of VCCB Subdivision, said corner also being in the South right-of-way line of Phelan Boulevard; THENCE SOUTH 00000'56" WEST,. along and with the East line of the said Lot 1, for a distance of 15.00 feet to the POINT OF BEGINNING of the easement herein described; THENCE SOUTH 00000'56" WEST, continuing along and with the East line of the said Lot 1, for a distance of 10.00 feet to a point for comer; THENCE SOUTH 89059'14" WEST, over and across the said Lots 1— 7 ofthe VCCB Subdivision and parallel and 25 feet perpendicular to the South right-of-way line of Phelan Boulevard and the North line of the said Lots 1 — 7, for a distance of 518..09 feet to a point for corner, said corner being the West line of the said Lot 7; THENCE NORTH 00000'44" EAST, along and with the West line of the said Lot 7, for a distance of 10.00 feet to a point for corner; THENCE NORTH 8905914" EAST, over and across the said Lots 7, 6, 5 and 4 and parallel and 15 feet perpendicular to the South right-of-way line of Phelan Boulevard, for a distance of 269.83 feet to a point for corner; THENCE NORTH 00°00'46" WEST, over and across the said Lot 4, for a distance of 15.00 feet to a point for corner, said corner being in the South right-of-way line of Phelan Boulevard and the North line of the said Lot 4; EXHIBIT "A" MARK W. WHITE LEY & ASSOCUTES, INC THENCE NORTH 89°59'14" EAST, along and with the South right-of-way line of Phelan Boulevard and the North line of the said Lot 4, for a distance of 10.00 feet to a point for corner; THENCE SOUTH 00000'46" EAST, over and across the said Lot 4, for a distance of 15.00 feet to a point for corner; THENCE NORTH 89059'14" EAST, over and across the said Lots 4, 3, 2 and 1 and parallel and 15 feet perpendicular to the South right-of-way line of Phelan Boulevard, for a distance of 238.25 feet to the POINT OF BEGINNING and containing 0.1224 Acres, more or less. This survey has been prepared based on the final plat of VCCB Subdivision as prepared by Mark W. Whiteley & Associates in May 2018. This survey is being submitted along with a plat (see EXHIIBIT "B"). OF A,,a ... Thomas S. owe RPLS No. 5728 .. THOMAS ...S. BO E•.... ,.....5728 �} TBPLS Firm No.: 10106700 WA2019\19-170119-170m&b.docx EXHIBIT "A" Paee 2 of 2 MARK IV WHITELEY & ASSOCIATES INC FND 1. ROD 1/ALN CAP to z 5 �-t r n,`0'pp 22 oo� 00 N O OQ N y cl z o w w w r J LINE BEARING DISTANCE L1 S00'00'56 15.00' L2 S00'00 56. 10.00 L3 SB9'59 14'W • 518.09' L4 Nt>D'00'44"E 14.00' L5 N89'59'14 E .269:83 L6' NOQ'OO 46"W 15.00' L7 N89'5914 10:00 18 SOO'00 4.6. 15.00. L9 N89'59'14E 238.25' B.S.L. & W (MISSOURI PACIFIC) RAILROAD (100' R.O.W.) N.4ITo. I 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION . REGARDING OWNERSHIP OR TITLE. 2.. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE. INFORMATION AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH -THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL 'SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR -A WARRANTY,. EXPRESSED OR IMPLIED. 3. THIS SURVEY WAS PREPARED BASED ON THE FINAL PLAT OF VCCB SUBDIVISION AS PREPARED -BY MARK W. WHITELEY & ASSOCIATES IN MAY 2018. %�lN �.o2 9325 9345 10.1224 , '10' SEWER.I 113,.5 � gyp'\.h 9365 9385 Poc PHELAN BOULEVARD FND 5/8" I. ROD FND N89'59' 14"E 518.09' (CALL N89'59'14"E 51.8.09') REFERENCE BEAPoNG PER PLAT FND 1. ROD W/ALUM. CAP 0 150 y Vag ro von 11 9405 I 9415 9435 15' SOUTHWESTERN BELL TELEPHONE COMPANY,EASEMENT VOL. 2335, PG. 154 DRJC TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: CITY:OF BEAUMONT I NOMAS S. ROWE .DO HEREBY CERTIFY THAT IM SUIiVE1' WAS. THIS DAY oa er eoD sante: a tT t+a MADE ON. THE 'SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED visa .MOO 2e 1 o HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME roe mm N w:Nxwqla-1zo\ fm OF THE SURVEY.. 19-170 +4-17070aaMM DATE ;JUNE 10, 2019 — ZA wwlalTet.E�rND ASSOCIATES INCORPORATED i I RHpINNM......•.��CONSULMNO EUMMM ROWE SUMMA MW KAMM WE T BP LS 17RM N0 1070EfOG -7 AOR Off' '11. a mman WME�er MM. THOMAS S. ROW _ REGISTERED PROFESSIONAL _ 728 w1w4mcm FND 1. ROD W/AURA. CAP MIBIT "B" REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION 10 FEET WIDE, SEWER EASEMENT 0.1224 ACRE TRACT OF LAND OUT OF AND PART OF LOTS 1 - 7 VCCB SUBDMSION CF. NO. 2Q18029674,-OPRJC A. SAVERY LEAGUE ABSTRACT NO. .46 BEAUMONT, JEFFERSON COUNTY, TEXAS 9325-9435 Phelan Blvd Ai x Buckher 4 E' a Children's Village f I` W6:it Brook Senior Nigh;� }_ r- Scho I ball Fields T'. ` a Base - -- - �,Park L; _ 'f]upant.Goodrich Fed cu o Garden Orks f West, Brook-High.Schodl i _.._..:Gulf'TerracegHike�i- { r Market Phelan Blvd-.` Phelan Blvd_ 9325'Pfielan Boulevard_ Phelan Bivd BBV 6 mm drive -home Dollar General Storage Spot airport— - -- st ss -gate McLean St OvarhfffCn _ — x aBroun'St-_ r �r Brnun usr dd. Means Oilfield Sales g — — .... Shepherd Or m i m 41, --- - - - -f Norijthpoint