HomeMy WebLinkAboutRES 20-075RESOLUTION NO. 20-075
WHEREAS, Madish Investment, Ltd. has agreed to convey one (1) 0.0918 acre
drainage easement, said easement being a 0.0918 acre tract of land being 20 feet wide
situated in the Hezekiah Williams Survey, Abstract No. 56, Jefferson County, Texas
described and shown in Exhibit "1," attached hereto, to the City of Beaumont to allow
the construction of a storm sewer outfall pipe for future development of JCAD Property
ID# 134190 located off N. 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) 0.0918 acre drainage easement conveyed by Madish Investment,
Ltd., being a 0.0918 acre tract of land being 20 feet wide situated in the Hezekiah
Williams Survey, Abstract No. 56, Jefferson County, Texas 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 7th day of
April, 2020.
411, or B -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
DRAINAGE EASEMENT
THAT, MADISH INVESTMENTS, LTD, a Texas limited partnership, County of
Jefferson, State of Texas, hereinafter called "GRANTORS", 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, 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, Drainage
Easements and the right to construct, alter, and maintain drainage improvements and
appurtenances on the hereinafter described lands which said easements are under, over, in and
across that certain tracts or parcels of land owned by GRANTORS situated in the County of
Jefferson, State of Texas, and being more particularly described in Exhibit ."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 removing drainage structures, canals,
ditches 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 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 2020.
GRANTORS:
Madish Investments, Ltd., a Texas limited partnership
By: Madish Managers LLC, General Partner
go
Sam C Parigi, Jr. Manager
{INTENTIONALLY LEFT BLANK}
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me on this the day of , 2020,
by Sam C. Parigi, Jr., Manager of Madish Mangers, LLC.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
2020.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy
P. O. Box 3827
Beaumont, TX 77704
EXIIIBIT '°A°°
Legal Description: 0.0918 Acre Drainage Easement
Hezekiah Williams Survey, Abstract No. 56
Beaumont, Jefferson County, Texas
BEING a 0.0918 acre drainage easement, being 20 feet wide, situated in the Hezekiah Williams
Survey, Abstract No. 56, Jefferson. County, Texas and being out of and part.of that certain called
2.09 acre tract of land as described in a "General Warranty Deed" from RCSS Properties, Ltd. to
Madish.Investments, Ltd. as recorded in Clerk's File No. 2006006645, Official Public Records of
Real Property, Jefferson County, Texas, said 0.0918 acre drainage easement being more
particularly'described as follows:
NOTE. All bearings are referenced to the West line of Block I of Fairfield, Phase
I as SOUTH 02°53'10" EAST as recorded in Volume 17, Page 256, Map Records,
Jefferson County, Texas.
BEGINNING at an iron rod with a cap found for the Southeast corner of the said 2.09 acre Madish
tract, said corner also being the Southwest corner of Block 1 of Fairfield; Phase I, a subdivision of
the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume
17, Page 256, Map Records, Jefferson County, Texas and being in the North line of that certain
called 8.7081 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien in
Favor of Third Party" from MCT Credit Union to Zulag Properties, LLC as recorded in Clerk's
File No. 2017021613, Official Public Records of Real Property, Jefferson County, Texas;
THENCE SOUTH 8701416" WEST, along and with the boundary between the South line. of the
said 2.09 acre Madish tract and the North line of the said 8.7081 acre Zulag Properties, LLC tract,
for a distance of 20.00 feet to a point for corner;
THENCE NORTH 02053' 10" WEST, over and across the said 2.09 acre Madish tract and parallel
and 20 feet perpendicular to the East line of the said 2.09 acre Madish tract and the West line of
Block 1 of Fairfield, Phase I, for a distance of 199.98 feet to a point for corner, said corner being
in the North line of the' said 2.09 acre Madish tract and the South line of the remainder of that
certain called 209.2045 acre tract of land as described in a "Special Warranty Deed" from Amoco
Production Company to Delaware Extension Development, Ltd. as recorded in Clerk's File No.
2000047669, Official Public Records of Real Property, Jefferson County, Texas;
THENCE NORTH 87014'26" EAST, along and with the boundary between the North line of the
said 2.09 acre Madish tract and the South line of the remainder of the said 209.2045 acre Delaware
Extension Development, Ltd. tract, for a distance of 20.00 feet to a 1/2" iron rod with a cap stamped
"Faust" found for corner, said corner being the Northeast corner of the said 2.09 acre Madish tract
and being in the West line of Block 1 of the said Fairfield, Phase I;
EXHIBIT "A"
M"K W. WHITELEY & ASSOCIATES, INE
THENCE SOUTH 02053'10" EAST, along and with the boundary between the East line of the
said 2.09 acre Madish tract and the West line of the said Block 1 of Fairfield, Phase I, for a distance
of 199.98 feet to the POINT OF BEGINNING and containing 0.0918 Acres, more or less.
Based on a survey prepared by Mark W. Whiteley & Associates, Inc. dated February 5, 2015. This
legal description is bemLy submitted alo t based on this survey (see EXHIBIT "B").
8FoTp
...a, v' .... .
Thomas S. Rowe, RPLS No. 5728 THOM SSoR...... ,
Texas Surveying Firm No.: 101
W:\2015\15-066\15-066 Madish Esmt M&B.docx
EXHIBIT "A"
MARE W. WHITELEY & ASSOCIATES, INC
LOT 8
LOT 7 LOT 9
FND 1 /2" I. ROD
W/CAP STAMPED
"FAUST"
CALCULATED
CORNER
REMAINDER OF
CALLED 209.2045 ACRES
DELAWARE EXTENSION DEVELOPEMENT, LTD.
CF. NO. 2000047669
OPRJC
NOTE: '
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. BASED ON SURVEY PREPARED BY MARK W. WHITELEY & ASSOCIATES, INC. DATED FEB. 5, 2015.
4. BEARINGS REFERENCED TO THE WEST LINE OF BLOCK 1 OF FAIRFIELD PHASE I AS S02'53'10"E
AS RECORDED IN VOLUME 17, PAGE 256, MAP RECORDS JEFFERSON COUNTY, TEXAS.
TO THE OWNERS OF. THE PREMISES SURVEYED
.AS OF THE DATE OF THE SURVEY:
I, THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE
ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE
SURVEY.
7r,
TE���
WAS S. ROWE
%
S.
FAIRFIELD, PHASE 1
VOL. 17, PG. 256
MRJC
B L O C K 1
LOT 10 LOT 11
FND S02053'10"E 199.98'
0.0918 ACRES (20' WIDE)
DRAINAGE EASEMENT
FND N02053'10"W 199.98' CALCULATED
CALLED 2.09 ACRES CORNER
MADISH INVESTMENTS, LTD
CF. NO. 2006006645
OPRJC
LINE
BEARING
DISTANCE
L1
S87'14'16"W
20.00'
L2
N87'14'26"E
20.00'
mil- --� ��
I
W/ CAP
J '
..
CALLED 8.7081 ACRES
o
ZULAG PROPERTIES, LLC
d Lo
CF. NO. 2017021613
OPRJC
3
CO QO
00
N
06
Z
LL
F.M. HWY. 364 FND 3/8"
(A.K.A. MAJOR DRIVE) I. ROD
(120 ROW)
EXHIBIT "B"
REFER TO- EXHIBIT "A"
FOR LEGAL DESCRIPTION
MADISH INVESTMENTS, LTD
0.0918 ACRE (20' WIDE)
DRAINAGE EASEMENT
HEZEKIAH WILLIAMS SURVEY
ABSTRACT NO. 56
BEAUMONT, JEFFERSON
COUNTY, TEXAS
::�A%
WHITELEY ASSOCIATES
INCORPORATED
-7 CONSULTING ENGINEERS,
SURVEYORS, AND PLANNERS
T.B.P.L.S. FIRM NO. 10106700 O
P. O. BOX 6492 0250 EASTEX FRWY.
BEAUMONT,. TEXAS T27265492 BEAUMONT, TEXAS 77700
409-692-0421 (FAX) 409-892-1346
DR BY: THC SCALE: SHEET NO.:
vIR: ACAD sole 1 "=40' 1 of 1
15-066 115-M- WADE FASDEM MW
-
Z Parcel: 91Owner Address:
MADISH INVESTMENTS LTD
MAJOR DR
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7p9s 2020021926
EAS
STATE OF TEXAS
COUNTY OF JEFFERSON
Nlllnllllllllllll111111
KNOW ALL MEN BY THESE PRESENTS:
X
DRAINAGE EASEMENT
THAT, MADISH INVESTMENTS, LTD, a Texas limited partnership, 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, Drainage
Easements and the right to construct, alter, and maintain drainage improvements and
appurtenances on the hereinafter described lands which said easements are under, over, in and
across that certain tracts or parcels of land owned by GRANTORS situated in the County of
Jefferson, State of Texas, and being more particularly described in Exhibit "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 removing drainage structures, canals,
ditches 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 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. -
//,, � f j
EXECUTED this 7 day of ApALL , 2020.
GRANTORS:
Madish Investments, Ltd., a Texas limited partnership
By: Madish Man L.L.C., General Partner
By:
Sam C.' arigi, Jr., Manager
{INTENTIONALLY LEFT BLANK}
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me on this A day of lq A t � , 2020,
by Sam C. Parigi, Jr., Manager of Madish Managers, L.L.C., a Texas limited liability company,
on behalf of said limited liability company, general partner on behalf of Madish Investments,
Ltd., a Texas limited partnership.
Notary Public, State of Texas
...—
i �PQY p�m SUE D MESSINA i
Notary Public, State OfTexas I
'P Comm. Expires
457640�t°FMotry ID 0
RETURN TO:
City of Beaumont
Antoinette Hardy
P. O. Box 3827
Beaumont, TX 77704
Legal Description: 0.0918 Acre Drainage Easement
Hezekiah Williams Survey, Abstract No. 56
Beaumont, Jefferson County, Texas
BEING a 0.0918 acre drainage easement, being 20 feet wide, situated in the Hezekiah Williams
Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of that certain called
2.09 acre tract of land as described in a "General Warranty Deed" from RCSS Properties, Ltd. to
Madish Investments, Ltd. as recorded in Clerk's File No. 2006006645, Official Public Records of
Real Property, Jefferson County, Texas, said 0.0918 acre drainage easement being more
particularly described as follows:
NOTE. All bearings are referenced to the West line of Block 1 of Fairfield, Phase
I as SOUTH 02'53'10" EAST as recorded in Volume 17, Page 256, Map Records,
Jefferson County, Texas.
BEGINNING at an iron rod with a cap found for the Southeast corner of the said 2.09 acre Madish
tract, said corner also being the Southwest corner of Block 1 of Fairfield, Phase I, a subdivision of
the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume
17, Page 256, Map Records, Jefferson County, Texas and being in the North line of that certain
called 8.7081 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien in
Favor of Third Party" from MCT Credit Union to Zulag Properties, LLC as recorded in Clerk's
File No. 2017021613, Official Public Records of Real Property, Jefferson County, Texas;
THENCE SOUTH 87014'16" WEST, along and with the boundary between the South line of the
said 2.09 acre Madish tract and the North line of the said 8.7081 acre Zulag Properties, LLC tract,
for a distance of 20.00 feet to a point for corner;
THENCE NORTH 02053' 10" WEST, over and across the said 2.09 acre Madish tract and parallel
and 20 feet perpendicular to the East line of the said 2.09 acre Madish tract and the West line of
Block 1 of Fairfield, Phase I, for a distance of 199.98 feet to a point for comer, said corner being
in the North line of the said 2.09 acre Madish tract and the South line of the remainder of that
certain called 209.2045 acre tract of land as described in a "Special Warranty Deed" from Amoco
Production Company to Delaware Extension Development, Ltd. as recorded in Clerk's File No.
2000047669, Official Public Records of Real Property, Jefferson County, Texas;
THENCE NORTH 87014'26" EAST, along and with the boundary between the North line of the
said 2.09 acre Madish tract and the South line of the remainder of the said 209.2045 acre Delaware
Extension Development, Ltd. tract, for a distance of 20.00 feet to a 1/2" iron rod with a cap stamped
"Faust" found for corner, said comer being the Northeast comer of the said 2.09 acre Madish tract
and being in the West line of Block 1 of the said Fairfield, Phase I;
EXHIBIT "A"
Pau 1 of 2
MARK W. WHITELEY & ASSOM TES, ING
THENCE SOUTH 02053'10" EAST, along and with the boundary between the East line of the
said 2.09 acre Madish tract and the West line of the said Block 1 of Fairfield, Phase I, for a distance
of 199.98 feet to the POINT OF BEGINNING and containing 0.0918 Acres, more or less.
Based on a survey prepared by Mark W. Whiteley & Associates, Inc. dated February 5, 2015. This
legal description is bein submitted along wit ased on this survey (see EXHIBIT "B").
OF
A�� r'
Thomas S. owe, RPLS No. 5728 ° °•••••°•°..•°
....
THOMAS S. ROWE............ �� 9d.....
Texas Surveying Firm No.: 10106700 tioR
W:12015\15-066\15-066 M4sh Esmf M&B.docx
EXHIBIT "A"
Page 2 of 2
MARK W. WBITELEY & ASSOCIATES, INC
FAIRFIELD, PHASE 1
VOL 17, PG. 256
MRJC
LOT 8 B L 0 C K 1
LOT 7 LOT 9 LOT 10
FND 1 /2" I. ROD
W/CAP STAMPED
"FAUST" FND S02053'10"E 199.98'
01
CALCULATED
CORNER
REMAINDER OF
CALLED 209.2045 ACRES
DELAWARE EXTENSION DEVELOPEMENT, LTD.
CF. NO. 2000047669
OPRJC
0.0918 ACRES (20' WIDE)
DRAINAGE EASEMENT
FND N02053'10"W 199.98'
CALLED 2.09 ACRES
MADISH INVESTMENTS, LTD
CF. NO. 2006006645
OPRJC
LOT 11
LINE
BEARING
DISTANCE
L1
S87'14'16"W
20.00'
1
L2
N87'14'26"E
20.00'
NOTE:
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. BASED ON SURVEY PREPARED BY MARK W. WHITELEY & ASSOCIATES, INC. DATED FEB. 5, 2015.
4. BEARINGS REFERENCED TO THE WEST LINE OF BLOCK 1 OF FAIRFIELD PHASE I AS S02'53'10"E
AS RECORDED IN VOLUME 17, PAGE 256, MAP RECORDS JEFFERSON COUNTY, TEXAS.
TO THE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF THE SURVEY:
I, THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE
ON THE SURFACE OF THE GROUND OF THE- PROPERTY LEGALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE
SURVEY. -l&Rvt_
CALCULATED
CORNER
W/ CAP
J 1
Re
o0
Lo o
et Lo
0
I- N
c J
in J
Q
0
Z
LL
F.M. HWY. 364 FND 3/8"
(A.K.A. MAJOR DRIVE) I. ROD
(120 ROW)
EXHIBIT "B"
REFER TO EXHIBIT "A"
FOR LEGAL DESCRIPTION
CALLED 8.7081 ACRES
ZULAG PROPERTIES, LLC
CF. NO. 2017021613
OPRJC
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Carolyn L. Guidry, C
cunty Jefferson County, TP, Clerk
July 23, 2020 11:56:31 AM
FEE: $46.00
2020021926