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HomeMy WebLinkAboutRES 19-226RESOLUTION NO. 19-226 WHEREAS, Abdallah Jamil Atiyeh and Sarah Renee Atiyeh have agreed to convey one (1) one thousand, eight hundred (1,800) square foot, ten foot (10') wide exclusive sewer line easement, said easement being an 1,800 square foot tract out of Lots 23-30, Block 1, Beau Terrace Addition, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for the construction of new single family residential homes on 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 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) one thousand, eight hundred (1,800) square foot, ten foot (10') wide exclusive sewer line easement conveyed by Abdallah Jamil Atiyeh and Sarah Renee Atiyeh, being an 1,800 square foot tract out of Lots 23-30, Block 1, Beau Terrace ' Addition, 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 15th day of October, 2019. U W "Becky Ames - STATE OF TEXAS COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS: SEWER LINE EASEMENT THAT, ABDALLAH JAMIL ATIYEH and wife, SARAH RENEE ATIYEH, hereinafter called "GRANTORS", 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 Sewer Line Easement and the exclusive right to construct, alter, and maintain said sewer lines 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 sewer 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 52019. GRANTORS: Printed Name: Abdallah Jamil Ativeh Printed Name: Sarah Renee Ativeh ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the day of , 2019, by Abdallah Jamil Ativeh. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2019. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the day of , 2019, by Sarah Renee Ativeh. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2019. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 FA UST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors Telephone (409) 813-3410 E-MAIL ADDRESS INFO@FAUSTENG.COM Fax (409) 813-3484 5550 Eastex Freeway, Suite O Beaumont, Texas 77708 Surveying Firm No. 10002400 Engineering Firm No. F-4800 EXHIBIT A PAGE 1 OF 2 FIELD NOTE DESCRIPTION FOR 1,800 SQUARE FOOT TRACT 10' WIDE EXCLUSIVE SEWER EASEMENT OUT OF LOTS 23-30, BLOCK 1 BEAU TERRACE ADDITION BEAUMONT, JEFFERSON COUNTY, TEXAS SEPTEMBER 11, 2019 That certain 1,800 square foot tract out of Lots 23 - 30, Block 1, of Beau Terrace Addition, a plat recorded in Volume 5, Page 79, of the Jefferson County Map Records, Jefferson County, Texas; said 1,800 square foot tract being more particularly described by metes and bounds as follows: BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AND ARE BASED ON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT 2011. BEGINNING at a 1" pipe found at the intersection of the west line of North Major Drive and the north line of Shaffer Avenue (now referred to as Perl Road); said pipe being the southeast corner of said Lot 30 and the southeast corner of the herein described tract; Thence South 87°10'20" West (called West) along the north line of Perl Road, being the south line of Lot 30, a distance of 10.00 feet to a point for the southwest corner of the herein described tract; 180288 10 FOOT EASEMENT ALONG MAJOR DRIVE Field Note Description Thence North 03°05'02" West, 10 feet west of and parallel to the said west line of North Major Drive, a distance of 175.00 feet (called 175 feet) to a point on the north line of Lot 24 being the south line of Lot 23 and continuing a total distance of 180.00 feet to a point 5 feet north of the said north line of Lot 24 being the south line of Lot 23; said point being the northwest corner of the herein described tract; Thence North 87°10'20" East (called East) 5 feet north of and parallel to the north line of Lot 24 being the south line of Lot 23, a distance of 10.00 feet to point on the said west line of North Major Drive; said point being the northeast corner of the herein described tract; Thence South 03°05'02" East (called South) along the said west line of North Major Drive and the east line of said Lots 23 - 30, a distance 180.00 feet to the POINT OF BEGINNING and containing 1,800 square feet of land, more or less. This description and the accompanying plat were prepared from a Land Title Survey performed under the supervision, of Richard F. Faust, P.E., Registered Professional Land Surveyor No. 4782, on July 19, 2018. Richard F. Faust, P.E. Registered Professional Land Surveyor No. 4782 �Q'� a� S y cry: Q `0 _:Cc .......................... FtlCHARD... FAUST 4782 Qr QSS Page 2 ft r REBAR 112. 60T LOT LOT LOT LOT LOT 159 158 157 156 155 I 4 I 3 152 LOT SCALE ,- = 40' m I I I E AR1 I m i I� N Cm�W.000 NAum00 ' (CALLED IJ70) CNORTH 7&0I it oar o p�a Ng I I I I I I LOT LOT LOT LOT LOT LOT LOT LOT LOT I 3 30 I 29 I 28 I 27 ;, 26 25 I 24 23 22 ��� ^� W W ,V W 1,800.00 SQ.FT. 10' WIDE EXCLUSIVE ca n I SEWER LINE EASEMENT _ 2 N 03'00 52" W 75Z 79' (CALLED NORTH) 10.00' 1 S 03'05'02" E 1 L FOUND 1/2- FOUND 1- (CALLED SOUTH) REBAR IRON PIPE BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AND ARE BASED ON THE NORTH AMERICAN DATUM OF 1983, 4782 ADIUSTMENT2011. 1\I 100070'20" E ` sAR , N. MAJOR DRIVE EXHIBIT B PAGE 1 OF 1 TD ACCYWPANY DES0B'P71ON OF A 1,800.00 SQUARE FOOT TRACT BEING A 10 FEET WIDE EXCLUSIVE SEWER EASEMENT OUT C" LOTS 23-34 BLOW 1 EAU TERRACE ALE'YnLW sEAuwwr. ,mmsav colRYn: loos 1 VICINITY MAP N. T.S. C5 ENGINEERING AND SURVEYING, INC. SSSO EASTOI FREEVAY, SUITE D- BFi11MW, TOGS 77708 1409) RM-Mill • FAX N09) BL+-3484 PRa.ECf N6 LOOM 7455 North Major Drive Perl Rd 0 I� t � � G . + I ,y S r4 V GYffina Rd 7455 North-.MpjorDriue- Z min, fiYQ FlOfnez °` ;iCl�ir Perk 51 Zk PRd _( Parcel 5016 Owner: ATIYEHABLAAL AHOta M Owner Address: ATIMI SARAN RDIEE5330 LAUREL BEAUMONT TX 77707- .7074 Siie Address: 7455 MDR N DR IX Parcel 5018 i owner_ 4TWEHABDACLAH1AMI DwnerAddress: 4TTMi SARAF9 RBVEE5330 LAUREL BEAUMONT 3X 77707- 2014 SdeAddress: TX Parcel5017 i Dwner_ ATMNABDALLAB-!lAAM OmwAddress: 4TIYEH SARAH REATE 5330 LAUREL BEAUMONT TX 77707- A.s 3 t r k Ag Qr <•' p - Klein Park Ddsc� � 1 � I Spud kk Rd EAS STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: SEWER LINE EASEMENT THAT, ABDALLAH JANIIL ATIYEH and wife, SARAH RENEE ATIYEH, hereinafter called "GRANTORS", 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 Sewer Line Easement and the exclusive right to construct, alter, and maintain said sewer lines 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 sewer 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 _ day of C)c V U c-r- , 2019. GRANTORS: y. , Printed Name: Abdallah Jamil Ati Printed Name: Sarah ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the �_ day of 06b&R, , 2019, by Abdallah Jamil Ativeh. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of b�* 2019. CRYSTAL GARZA �e�`1ppY P4 �ii a=°•' 1 *%.S Notary Public, State of Texas '/"PV offi-e#u sA1 Comm. Expires 06-13-2023 Notary Publ c, State of Texa 'gee°iae�`° Notary ID 132009734 STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on this the day of V(/i U, 2019, by Sarah Renee Atiyeh. 2019. GIVEN UNDER MY HAND AND .SEAL OF OFFICE, this ( day of , �``���'p12P'CRYSTAL GARZA Notary Public, State of Texas Comm. Expires OB-13-2023 s nI a�Notary ID 132009734 RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 Notary Pu lic, State of T xas T'f1 UST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors Telephone (409) 813-3410 E-MAIL ADDRESS INFO@FAUSfENG.COM Fax (409) 813-3484 5550 Eastex Freeway, Suite O Beaumont, Texas 77708 Surveying Firm No. 10002400 Engineering Firm No. F-4800 EXHIBIT A PAGE 1 OF 2 FIELD NOTE DESCRIPTION FOR 1,800 SQUARE FOOT TRACT 10' WIDE EXCLUSIVE SEWER EASEMENT OUT OF LOTS 23-30, BLOCK 1 BEAU TERRACE ADDITION BEAUMONT, JEFFERSON COUNTY, TEXAS SEPTEMBER 11, 2019 That certain 1,800 square foot tract out of Lots 23 - 30, Block 1, of Beau Terrace Addition, a plat recorded in Volume 5, Page 79, of the Jefferson County Map Records, Jefferson County, Texas; said 1,800, square foot tract being more particularly described by metes and bounds as follows: BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AND ARE BASED ON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT 2011. BEGINNING at a 1" pipe found at the intersection of the west line of North Major Drive and the north line of Shaffer Avenue (now referred to as Perl Road); said pipe being the southeast corner of said Lot 30 and the southeast corner of the herein described tract; Thence South 87°10'20" West (called West) along the north line of Perl Road, being the south line of Lot 30, a distance of 10.00 feet to a point for the southwest corner of the herein described tract; 180288 10 FOOT EASEMENT ALONG MAJOR DRIVE Field Note Description Thence North 03°05'02" West, 10 feet west of and parallel to the said west line of North Major Drive, a distance of 175.00 feet (called 175 feet) to a point on the north line of Lot 24 being the south line of ,Lot 23 and continuing a total distance of 180.00 feet to a point 5 feet north of the said north line of Lot 24 being the south line of Lot 23; said point being the northwest corner of the herein described tract; Thence North 87'10'20" East (called East) 5 feet north of and parallel to the north line of Lot 24 being the south line of Lot 23, a distance of 10.00 feet to point on the said west line of North Major Drive; said point being the northeast corner of the herein described tract; Thence South 03'05'02" East (called South) along the said west line of North Major Drive and the east line of said Lots 23 - 30, a distance 180.00 feet to the POINT OF BEGINNING and containing 1,800 square feet of land, more or less. This description and the accompanying plat were prepared from a Land Title Survey performed under the supervision of Richard F. Faust, P.E., Registered Professional Land Surveyor No. 4782, on July 19, 2018. Richard F. Faust, P.E. Registered Professional Land Surveyor No. 4782 Page 2 OF T� rD Q a tP .... FA ...................... K UST <9"O9� `� o yOQ . Assn: FOUND 1/2' REBAR �o 21 O Z c LOT I LOT I LOT I LOT LOT I.LOT ! LOT I LOT I LOT SCALE- 1' 40' 60 I 59 1 58 � 57 I 56 i 55 � 54 I 5�3'/ 52 0 ! SET 1 i REBAR 21 y IRESAR r 1 iN 03'02'36"_ W 100.00' Al N 0310239 W 75.00' I I I !LOT I !LOT I LOT LOT LOT LOT LOT LOT LOT 30 29 28 127 26 25 124 23 22 I fit. co Ln 1,800.00 SO. Fr 10' WIDE EXCLUSIVE �` �. I I o N I SEWER LINE EASEMENT j Ca I I 2 N 03'00'52" W 75Z 79' N 03i7 02 W iqn.00 (C4LLED NORM) 10.00' —N 80 70'20" E , , 180.00.I 10.0' �- FOUND 1/2' FOUND 1'� (CALLED S -03:05'02'D E __SOU7H)-- - . REBAR � IRON PIPE ILYNT OF SET_1/2• SET 1/2' BEGINN/NG AR N. MA./nR nRIVF REe 1y WCINITY MAP N. T.S. EXHIBIT B PAGE 1 Or 1 W ACOWANY OES'Alpm y BEARINGSSHOWN HEREON ARE REFERENCED TO Or A 1,800. 00 SQUARE FOOT 7RACT THE TEAS COORDINATE SYSTEM OF 1993, SOUTH CENTRAL ZONE, AND ARE BASED ON THE BEING A 10 FEET WIDE EXCLUSIVE C5 NORTH AMERICAN DATUM OF 19113, SEWER EASEMENT 4782 ADJUSTMENT2031 our OF ENGINEERING AND SURVEYING, INC. LOTS 23-34 BLOCK 1 5= EASTEX 1RESVAY, SUTTE O• 1EAUNW, TDWS 777M BETEAU MCE ALg7/OY C4M 873-3U0 • FAX C 09I B13-3/81 U PROJECT 16 1BOtB8 I FILED AND RECORDED OFFICIAL PUBLIC RECORDS :faA l Carolyn L. Guidry, County Clerk Jefferson County, Texas October 16, 2019 10:31:29 AM FEE: $46.00 2019034614