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HomeMy WebLinkAboutRES 20-151RESOLUTION NO. 20-151 WHEREAS, The Woodlands at Beaumont, LLC has agreed to convey one (1) twenty-four thousand, two hundred eight (24,208) square foot ten foot (10') wide exclusive water line easement, said easement being a 0.5557 acre tract of land situated in the Wesley Dykes Survey, Abstract No. 17, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the City of Beaumont 11 to facilitate the construction of a new apartment complex located at 6030 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) twenty-four thousand, two hundred eight (24,208) square foot ten foot (10') wide exclusive water line easement, said easement being a 0.5557 acre tract of land situated in the Wesley Dykes Survey, Abstract No. 17, City of Beaumont, 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 21st day of July, 2020. 1 - M yor Becky Ames - STATE OF TEXAS COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, THE WOODLANDS AT BEAUMONT, LLC, a Texas limited liability company, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/l00 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 T- the same as permitted by Iaw; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense, 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 �y �y , 2020. GRANTOR: THE WOODLANDS AT BEA �ON , LLC a Texas limited liability com ny By: ' Je ev L. ACKNOWLEDGMENTS IT4011WA STATE OF TtT7VS § COUNTY OF*ARRTS § BEFORE ME, the undersigned authority, on this day personally appeared Jeffrey L. Kittle, Manager of The Woodlands at Beaumont, 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 corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 13 d`ay of J 1) L "y , 2020. Notary Public, State of+exas ) NO MWA es� NICHOLE R. PERRY, Notary Public Hamilton County, State of Indiana My Commission Expires March 24, 2026 RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O: Box 3827 Beaumont, TX 77704 EXHIBIT "A" WOODLANDS AT BEAUMONT APRIL 27, 2020 0.5557 OF ONE ACRE JOB NO.6648-00 PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT DESCRIPTION OF A 0.5557 ACRE TRACT OF LAND SITUATED IN THE WESLEY DYKES SURVEY, ABSTRACT NO. 17 CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS BEING a 0.5557 acre (24,208 square foot) tract of land situated in the Wesley Dykes Survey, Abstract No. 17 of the City of Beaumont, Jefferson County, Texas and being a portion of Tract 2-A of TRACTS 2- A AND 2-B 10.035 ACRES OF LAND REPLAT OF LOT 2 RAND ADDITION, a subdivision per plat recorded under Volume 17, Page 249 of the Map Records of Jefferson County (M.R.J.C.), and being a portion of that certain tract of land described in an instrument to The Woodlands at Beaumont, LLC recorded under File Number 2020012172 of the Official Public -Records of Jefferson County, said 0.5557 acre tract of land described by metes and bounds as follows, with all bearings based on the Texas Coordinate System of 1983 (NAD83), South Central Zone 4204 and referenced to monuments found along the North line of said Tract 2-A as cited herein; EXTERIOR LINE OF PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT COMMENCING at a 5/8-inch iron rod found lying on the East right-of-way line of Major Drive (width varies), being the Southwest corner of GRIFFING VILLA UNIT 1, a subdivision per plat recorded under Volume 14, Page 51 of the M.R.J.C., same being the Northwest corner of said Tract 2-A, from which a 1/2-inch iron rod found for the Northeast corner of said Tract 2-A bears N 86°56'53" E, 660.42 feet; THENCE, S 55043' 19" E, over and across said Tract 2-A, a distance of 120.66 feet to the POINT OF BEGINNING and the Northernmost Northwest corner of the herein described exterior line; THENCE, continuing over and across said Tract 2-A, the following courses and distances: S 47°57'52" E, a distance of 30.03 feet to a point for corner of the herein described exterior line; N 41°56'53" E, a distance of 21.71 feet to a point for corner of the herein described exterior line; N 86°56'53" E, a distance of 438.12 feet to a point for corner of the herein described exterior line; S 48°03'07" E, a distance of 3.99 feet to a point for corner of the herein described exterior line; N 41 °56'53" E, a distance of 9.03 feet to a point for the Northernmost Northeast corner of the herein described exterior line; S 48°03'07" E, a distance of 10.00 feet to a point for corner of the herein described exterior line; S 41°56'53" W, a distance of 9.03 feet to a point for corner of the herein described exterior line; S 48°03'07" E, a distance of 15.19 feet to a point for the Easternmost Northeast corner of the herein described exterior line; S 03°03'07" E, a distance of 173.04 feet to a point for corner of the herein described exterior line; Page [ of 5 G:\TXH\PROJECTS\HERMAN KITTLEPROPERT[ES\6648- 00_MALLARD_ON_MAJOR\06 SURVEY\04 F[NALS\MB\0 5557MB[,DOCX EXHIBIT "A" WOODLANDS AT BEAUMONT APRIL 27, 2020 0.5557'OF ONE ACRE JOB NO.6648-00 PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT N 86°56'53" E, a distance of 68.84 feet to a point for corner of the herein described exterior line, lying on the East line of said Tract 2-A, same being a West line of Lot-4 of CLAYBURN PARK, a subdivision per plat, recorded under File Number 2015032401 of the Official Public Records of Jefferson County; THENCE, S 02°59'03" E, along and with the West line of said Lot 4, a distance of 10.00 feet to a point for corner of the herein described exterior line; THENCE, over and across said Tract 2-A, the following courses and distances: S 86°56'53" W, a distance of 68.83 feet to a point for corner of the herein described exterior line; S 03°03'07" E, a distance of 160.07 feet to a point for corner of the herein described exterior line; N 86°52'54" E, a distance of 35.90 feet to a point for corner of the herein described exterior line; S 03107'06" E, a distance of 10.00 feet to a point for corner of the herein described exterior line; S 86°52'54" W, a distance of 35.91 feet to a point for corner of the herein described exterior line; S 03°03'07" E, a distance of 150.49 feet to a point for corner of the herein described exterior line; S 41'56'53" W, a distance of 28.75 feet to a point for corner of the herein described exterior line; S 86°56'53" W, a distance of 50.64 feet to a point for corner of the herein described exterior line; S 03°07'47" E, a distance of 104.76 feet to a point for the Southeast corner of the herein described exterior line, lying on a South line of said Tract 2-A, same being the North right-of-way line of State Highway 105 (width varies); THENCE, S 86° 14'40" W, along and with a South line of said Tract 2-A and said North right-of-way line, a distance of 19.98 feet to a point for the Southwest corner of the herein described exterior line; THENCE, over and across said Tract 2-A the following courses and distances: N 03°24'56" W, a distance of 20.28 feet to a point for corner of the herein described exterior line; N 86°52'13" E, a distance of 10.08 feet to a point for corner of the herein described exterior line; N 03°07'47" W; a distance of 84.70 feet to a point for corner of the herein described exterior line; S 86°56'53" W, a distance of 26.61 feet to a point for corner of the herein described exterior line; N 47°36'04" W, a distance of 18.40 feet to a point for corner of the herein described exterior line; Page 2 of 5 G:\TXH\PROJECTS\HERMAN KITTLEPROPERTIES\6648- 00_MALLARD ON MAJOR\06 SURVEY\04 FINALS\MB\0_5557MBl.DOCX EXHIBIT "A" WOODLANDS AT BEAUMONT APRIL 27, 2020 0.5557 OF ONE ACRE JOB NO.6648-00 PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT N 03°03'07" W, a distance of 115.78 feet to a point for corner of the herein described exterior I ine; N 47°36'04" W, a distance of 5.10 feet to a point for corner of the herein described exterior line; S 42°23'56" W, a distance of 7.05 feet to a point for corner of the herein described exterior line; N 47°36'04" W, a distance of 10.00 feet to a point for corner of the herein described exterior line; N 42°23'56" E, a distance of 2.12 feet to a point for corner of the herein described exterior line; S 86°56'53" W, a distance of 333.79 feet to a point for corner of the herein described exterior line; N 48°03'07 W, a distance of 10.17 feet to a point for corner of the herein described exterior line; S 42°21'22" W, a distance of 20.90 feet to a point for corner of the herein described exterior line; N 47038'38" W, a distance of 10.00 feet to a point for corner of the herein described exterior line; N 42°21'22" E, a distance of 20.83 feet to a point for corner of the herein described exterior line; N 48°03'07" W, a distance of 34.98 feet to a point for corner of the herein described exterior line; N 03°03'07" W, a distance of 177.08 feet to a point for corner of the herein described exterior line; S 86°55' 19" W, a distance of 83.74 feet to a point for corner of the herein described exterior line, lying on the West line of said Tract 2-A, same being the East right-of-way of said Major Drive; THENCE, N 03°04'41" W, along and with the West line of said Tract 2-A and East right-of-way of said Major drive, a distance of 10.00 feet to a point for corner of the herein described exterior line; THENCE, over and across said Tract 2-A the following courses and distances: N 86°55' 19" E, a distance of 83.75 feet to a point for corner of the herein described exterior line; N 03°03'07" W, a distance of 133.66 feet to a point for corner of the herein described exterior line; N 41 °56'53" E, a distance of 37.06 feet to a point for corner of the herein described exterior line; N 47°57'52" W, a distance of 30.05 feet to a point for corner of the herein described exterior line; Page 3 of 5 G:\TXH\PROJECTS\HERMANKITTLEPROPERTIES\6648- 00 MALLARD ON MAJOR\06 SURVEY\04 FINALS\MB\0 5557MBI.DOCX EXHIBIT "A" WOODLANDS AT BEAUMONT APRIL 27, 2020. 0.5557 OF ONE ACRE JOB NO. 6648-00 PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT N 42°02'08" E, a distance of 10.00 feet to the POINT OF BEGINNING of the herein described exterior line. INTERIOR LINE OF PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT COMMENCING at a 5/8-inch iron rod found lying on the East right-of-way line of said Major Drive, being the Southwest -comer of said GRIFFING VILLA UNIT 1, same being the Northwest corner of said Tract 2-A, from which a 1/2-inch iron rod found for the Northeast corner of said Tract 2-A bears N 86°56'53" E, 660.42 feet; THENCE, S 38029'55" E, over and across said Tract 2-A, a distance of 161.86 feet to the POINT OF BEGINNING Westernmost Northwest corner of the herein described interior line; THENCE, continuing over and across said Tract 2-A the following courses and distances: N 41"56'53" E, a distance of 60.49 feet to a point for the Northernmost Northwest corner of the herein described interior line; N 86°56'53" E, a distance of 429.84 feet to a point for the Northernmost Northeast corner of the herein described interior line; S 48°03'07" E, a distance of 15.74 feet to a point for corner of the herein described interior line; S 86°56'53" W, a distance of 15.95 feet to a point for corner of the herein described interior line; S 03°03'07" E, a distance of 10.00 feet to a point for corner of the herein described interior line; N 86°56'53" E, a distance of 19.59 feet to a point for corner of the herein described interior line; S 03°03'07" E, a distance of 276.85 feet to a point for corner of the herein described interior line; S 86'47' 19" W, a distance of 20.48 feet to a point for corner of the herein described interior line; S 03112'41" E, a distance of 10.00 feet to a point for corner of the herein described interior line; N 86*47' 19" E, a distance of 20.45 feet to a point for corner of the herein described interior line; S 03°03'07" E, a distance of 202.11 feet to a point for the Easternmost Southeast corner of the herein described interior line; S 41 °56'53" W, a distance of 20.47 feet to a point for the Southernmost Southeast corner of the herein described interior line; S 86°5653" W, a distance of 78.93 feet to a point for the corner of the herein described interior line; Page 4 of 5 G:\TXH\PROJECTS\HERMANK[TT LEPROPE RT[ES\6648- 00 MALLARD ON MAJOR\06 SURVEY\04 FINALS\MB\0 5557MBl.DOCX EXHIBIT "A" WOODLANDS AT BEAUMONT APRIL 27, 2020 0.5557 OF ONE ACRE JOB NO.6648-00 PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT N 47°36'04" W, a distance of 10.11 feet to a point for corner of the herein described interior line; N 03°03'07" W, a distance of 115.78 feet to a point for corner of the herein described interior line; N 47°36'04" W, a distance of 18.53 feet to a point for corner of the herein described interior line; S 86°56'53" W, a distance of 340.75 feet to a point for the Southernmost Southwest corner of the herein described interior line; N 48°03'07" W, a distance of 46.87 feet to a point for the Westernmost Southwest corner of the herein described interior line; N 03°03'07" W, a distance of 125.10 feet to a point for corner of the herein described interior line; N 86°56'53" E, a distance of 18.49 feet to a point for of the herein described interior line; N 03103'07" W, a distance of 10.00 feet to a point for corner of the herein described interior line; S 86°56'53" W, a distance of 18.49 feet to a point for corner of the herein described interior line; N 03°03'07" W, a distance of 177.36 feet to the POINT OF BEGINNING of the herein described interior line; All of the land contained within the herein described exterior line and the herein described interior line comprising of 0.5557 of one acre (24,208 square feet) of land. The above description is not to be used for fee conveyance. Sean Conley RPLS No. 6739 BGE, Inc. 10777 Westheimer Road, Suite 400 Houston, Texas 77042 Telephone: (281) 558-8700 TBPLS Licensed Surveying Firm No. 10106500 Page 5 of 5 G:\TXH\PROJECTS\HE RMANKITTLEPROPERTIES\6648- 00_MALLARD ON_MAJOR\06 SURVEY\04_FINALS\MB10_5557MB I.DOCX P.O.B. EXTERIOR LINE OF PROPOSED 10' WIDE W.L.E. =-------- rDETAIL A 1 "=50' I a I P.O.B. I 10.0' INTERIOR LINE OF PROPOSED 10' WIDE W.L.E. — — — — — — — — — — —� D; 0 DETAIL B L5 I I L4 L47 L48 L49 II �o DETAIL CX 1 "=30' I G P.O.C. EXTERIOR AND INTERIOR LINE OF PROPOSED 10' WIDE W.L.E. rP.O.B. IEXTERIOR LINE OF PROPOSED 10' WIDE W.L.E. J L40 1 L38 r 1 2 �Rwvrt � CALLED TRACT 2-A LESS AND EXCEPT A CALLED 0.0354 ACRES THE WOODLANDS AT BEAUMONT, LLC N 86-56'53" E 438.12' n 2n 84 I T-N 86 56 53 E *��• L J"—SEE DEATIL A `-P.O.B. TRACT 2-A INTERIOR LINE OF PROPOSED 10' WIDE W.L.E. u L65 Ar1D AND ,A L64 �gp 3 ACR OF 0; L52 L63 �D O� 0 ADDR L53 L54J SEE DETAIL D SEE DETAIL C V.I -Kan 75 TRACT 2-B r DEATIL B 4 p ARC G\�p'aoo 0 200 10 L11 CALLED 0.0364 ACRES 12 BERRYHILL PROPERTIES, LP J 1 0 cn z uJ Q J J U J J L16 ¢_ly- r 0 Of J CD W m in LEGEND P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING R.O.W. RIGHT-OF-WAY SQ. FT. SQUARE FEET W.L.E. WATER LINE EASEMENT TL PROPERTY LINE LLD L 0.5557 ACRES �'N°oA L25 L19 24,208 SQ. FT. AD�� L24 L23 J PROPOSED 10' LOT 1 WIDE W.L.E. EXISTING R.O.W. L22 L21 STATE HIGHWAY 105 CALLED 0.1033 ACRES R.O.W. WIDTH VARIES) I B.T. RAND OIL COMPANY EXISTING O�—SEX »B" I DETAIL D 1 "=50' 10.0' I NOTE: 1. THIS EXHIBIT IS FOR GRAPHICAL PURPOSES ONLY IN RELATIOTO THE PROOSED SHOWN HEREONNAND IS, NOT AP BOUNDARY M SURVEY NOR SHALL IT BE CONSTRUED IN ANY WAY AS A BOUNDARY SURVEY. I � I L------------- J 2. SEE PAGE 2 OF 2 FOR LINE TABLE. LINE TABLE NUMBER BEARING DISTANCE L1 S 55'43'19" E 120.66' L2 S 47'57'52" E 30.03' L3 N 41'56'53" E 21.71' L4 S 48'03'07" E 3.99' L5 N 41'56'53" E 9.03' L6 S 48'03'07" E 10.00' L7 S 41'56'53" W 9.03' L8 S 48'03'07" E 15.19' L9 S 03'03'07" E 173.04' L10 N 86'56'53" E 68.84' L11 S 02'59'03" E 10.00' L12 S 86'56'53" W 68.83' L13 S 03'03'07" E 160.07' L14 N 86'52'54" E 35.90' L15 S 03'07'06" E 10.00' L16 S 86'52'54" W 35.91' L17 S 03'03'07" E 150.49' L18 S 41'56'53" W 28.75' L19 S 86'56'53" W 50.64' L20 S 03'07'47" E 104.76' L21 S 86'14'40" W 19.98' L22 N 03'24'56" W 20.28' L23 N 86'52'13" E 10.08' L24 N 03'07'47" W 84.70' 1-25 S 86'56'53" W 26.61' LINE TABLE NUMBER BEARING DISTANCE L26 N 47'36'04" W 18.40' L27 N 03'03'07" W 115.78' L28 N 47'36'04" W 5.10' L29 S 42'23'56" W 7.05' L30 N 47'36'04" W 10.00' L31 N 42'23'56" E 2.12' L32 N 48'03'07" W 10.17' L33 S 42'21'22" W 20.90' L34 N 47'38'38" W 10.00' L35 N 42'21'22" E 20.83' L36 N 48'03'07" W 34.98' L37 N 03'03'07" W 177.08' L38 S 86'55'19" W 83.74' L39 N 03'04'41" W 10.00' L40 N 86'55'19" E 83.75' L41 N 03'03'07" W 133.66' L42 N 41'56'53" E 37.06' L43 N 47'57'52" W 30.05' L44 N 42'02'08" E 10.00' L45 S 38'29'55" E 161.86' L46 N 41'56'53" E 60.49' L47 S 48'03'07" E 15.74' L48 S 86'56'53" W 15.95' L49 S 03'03'07" E 10.00' L50 N 86'56'53" E 19.59' LINE TABLE NUMBER BEARING DISTANCE L51 S 03'03'07" E 276.85' L52 S 86"47'19" W 20.48' L53 S 03'12'41" E 10.00' L54 N 86*47'19" E 20.45' L55 S 03'03'07" E 202.11' L56 S 41'56'53" W 20.47' L57 S 86'56'53" W 78.93' L58 N 47'36'04" W 10.11' L59 N 03'03'07" W 115.78' L60 N 47'36'04" W 18.53' L61 N 48'03'07" W 46.87' L62 N 03'03'07" W 125.10' L63 N 86'56'53" E 18.49' L64 N 03'03'07" W 10.00' L65 S 86'56'53" W 18.49' L66 N 03'03'07" W 177.36' EXHIBIT "B" r �o_R ,opo2,s� STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § WATER LINE EASEMENT THAT, THE WOODLANDS AT BEAUMONT, 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; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. 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 r � day of , 2020. GRANTOR: THE WOODLANDS AT BEA ON , LLC a Texas limited liability com v By: ' Je ev L. ACKNOWLEDGMENTS IH014rJA STATE OF S § V6AIL-row § COUNTY OFF § BEFORE ME, the undersigned authority, on this day personally appeared Jeffrey L. Kittle, Manager of The Woodlands at Beaumont, 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 corporation for the purposes and consideration therein expressed and in the capacity therein stated. \ GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 13Tday of J 11 !. y , 2020. Notary Public, State of+exits 1140WWA p�""Y pGB, SEAL * NICHOLE R. PERRY, Notary Public Hamilton County, State of Indiana ��DIANP My Commission Expires March 24, 2026 RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" WOODLANDS AT BEAUMONT APRIL 27, 2020 0.5557 OF ONE ACRE JOB NO.6648-00 PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT N 47°36'04" W, a distance of 10.11 feet to a point for corner of the herein described interior line; N 03°03'07" W, a distance of 115.78 feet to a point for corner of the herein described interior line; N 47°36'04" W, a distance of 18.53 feet to a point for corner of the herein described interior line; S 86°56'53" W, a distance of 340.75 feet to a point for the Southernmost Southwest corner of the herein described interior line; N 48°03'07" W, a distance of 46.87 feet to a point for the Westernmost Southwest corner of the herein described. interior line; N 03°03'07" W, a distance of 125.10 feet to a point for corner of the herein described interior line; N 86°56'53" E, a distance of 18.49 feet to a point for of the herein described interior line; N 03°03'07" W, a distance of 10.00 feet to a point for corner of the herein described interior line; S 86°56'53" W, a distance of 18.49 feet to a point for corner of the herein described interior line; N 03°03'07" W, a distance of 177.36 feet to the POINT OF BEGINNING of the herein described interior line; All of the land contained within the herein described exterior line and the herein described interior line comprising of 0.5557 of one acre (24,208 square feet) of land. The above description is not to be used for fee conveyance. Sean Conley RPLS No. 6739 BGE, Inc. 10777 Westheimer Road, Suite 400 Houston, Texas 77042 Telephone: (281) 558-8700 TBPLS Licensed Surveying Firm No. 10106500 Page 5 of 5 O:ITXHWROJECTSIHERMANKMLEPROPE RTIES16648- 00 MALLARD ON_MAJOR106_SURVEY\04_FINALS\MB10_5557MBI.DOCX P.O.B. EXTERIOR LINE OF PROPOSED 10' WIDE W.L.E. --- ---------- DETAIL A 1 "=50' I tK I I tK �� I P.O.B. I 10.0' INTERIOR LINE OF PROPOSED 10' WIDE W.L.E. — — — — — — — — — — I 5 I I L4 �6 I L47 L8 I I L48 � L49 I o L50 1o.o' I z — — — — — — — — DETAIL C X 1 "=30' P.O.C. EXTERIOR AND INTERIOR LINE OF PROPOSED 10' WIDE W.L.E. I P.O.B. EXTERIOR LINE OF PROPOSED 10' WIDE W.L.E. F J 3 r 1 2 11-� CALLED TRACT 2- A LESS AND EXCEPT A CALLED 0.0364 ACRES THE WOO WOODLANDS AT BEAUMONT, LLC N 86'56'53" E 438.1z inn AA� r�N 86 56 5,3 E tt a.8 —SEE DEATIL A '-P.O.B. TRACT 2-A INTERIOR LINE OF 10.0' _ PROPOSED 10' WIDE W.LE it .0 - /-1-65 2�A ADD 0D L64 �RpS AOR L� 2 L52 `- L63 Op A�pta L53 �y SEE DETAIL D SEE DETAIL C L54 L J S 86 3 2—B L58 L57 DEATIL B 4 pA0- G\-p'a'JgN N 0 200 -10 L11 CALLED 0.0364 ACRES L12 BERRYHILL PROPERTIES, LP J L1 0 U) � Q J J U J J L16 It}of r O W J CD W 0] fmF IS LEGEND P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING R.O.W. RIGHT-OF-WAY SQ. FT. SQUARE FEET W.L.E. WATER LINE EASEMENT R PROPERTY LINE 0.5557 ACRES°o� L25 L1s� ¢ C I 24,208 SQ. FT. ADD L24 23 J v PROPOSED 10' LOT 1 WIDE W.L.E. EXISTING R.O.W. L22 L21 STATE HIGHWAY 105 CALLED 0.1033 ACRES (R 0 W WIDTH VARIES) B.T. RAND OIL COMPANY EXISTII EXHIBIT "B" I DETAIL Q. I— — — � � �•.' ,-- 1 '=50' Li 10.0' I I �a o I �6 I I -----------� NOTE: 1. THIS EXHIBIT IS FOR GRAPHICAL PURPOSES ONLY IN RELATION TO THE PROPOSED EASEMENT(S) SHOWN HEREON AND IS NOT A BOUNDARY SURVEY NOR SHALL IT BE CONSTRUED IN ANY WAY AS A BOUNDARY SURVEY. 2. SEE PAGE 2 OF 2 FOR LINE TABLE. LINE TABLE NUMBER BEARING DISTANCE L1 S 55'43'19" E 120.66' 1-2 S 47'57'52" E 30.03' L3 N 41'56'53" E 21.71' L4 S 48'03'07" E 3.99' L5 N 41'56'53" E 9.03' L6 S 48'03'07" E 10.00' L7 S 41'56'53" W 9.03' L8 S 48'03'07" E 15.19' L9 S 03'03'07" E 173.04' L10 N 86'56'53" E 68.84' L11 S 02'59'03" E 10.00' L12 S 86'56'53" W 68.83' L13 S 03'03'07" E 160.07' L14 N 86'52'54" E 35.90' L15 S 03'07'06" E 10.00' L16 S 86'52'54" W 35.91' L17 S 03'03'07" E 150.49' L18 S 41'56'53" W 28.75' L19 S 86'56'53" W 50.64' L20 S 03'07'47" E 104.76' L21 S 86"4'40" W 19.98' L22 N 03'24'55" W 20.28' L23 N 86'52'13" E 10.08' L24 N 03'07'47" W 84.70' L25 S 86'56'53" W 26.61' LINE TABLE NUMBER BEARING DISTANCE L26 N 47'36'04" W 18.40' L27 N 03'03'07" W 115.78' L28 N 47'36'04" W 5.10' L29 S 42'23'56" W 7.05' L30 N 47'36'04" W 10.00' L31 N 42'23'56" E 2.12' L32 N 48'03'07" W 10.17' L33 S 42'21'22" W 20.90' L34 N 47'38'38" W 10.00' L35 N 42'21'22" E 20.83' L36 N 48'03'07" W 34.98' L37 N 03'03'07" W 177.08' L38 S 86'55'19" W 83.74' L39 N 03'04'41" W 10.00' L40 N 86"55'19" E 83.75' L41 N 03'03'07" W 133.66' L42 N 41'56'53" E 37.06' L43 N 47'57'52" W 30.05' L44 N 42'02'08" E 10.00' L45 S 38'29'55" E 161.86' L46 N 41'56'53" E 60.49' L47 S 48'03'07" E 15.74' L48 S 86'56'53" W 15.95' L49 S 03'03'07" E 10.00' L50 N 86'56'53" E 19.59' LINE TABLE NUMBER BEARING DISTANCE L51 S 03'03'07" E 276.85' L52 S 86'47'19" W 20.48' L53 S 03"2'41" E 10.00' L54 N 86*47'19" E 20.45' L55 S 03'03'07" E 202.11' L56 S 41'56'53" W 20.47' L57 S 86'56'53" W 78.93' L58 N 47'36'04" W 10.11' L59 N 03'03'07" W 115.78' L60 N 47'36'04" W 18.53' L61 N 48'03'07" W 46.87' L62 N 03'03'07" W 125.10' L63 N 86'56'53" E 18.49' L64 N 03'03'07" W 10.00' L65 S 86'56'53" W 18.49' L66 N 03'03'07" W 177.36' EXHIBIT "B" FILED AND RECORDED OFFICIAL PUBLIC RECORDS Carolyn L. Guidry, County Clerk Jefferson County, Texas July 23, 2020 11:56:31 AM FEE: $46.00 2020021930 I