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Home My WebLink AboutRES 20-261RESOLUTION NO. 20-261 WHEREAS, Obana Three Company, Inc. has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 153 square foot tract of land out of Lot 15, Old Dowlen Business Park, Section Two, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the. City of Beaumont to facilitate the construction of a new restaurant located at 6165 Muela Creek 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 ten foot "10') wide exclusive water line easement, said easement being a 153 square foot tract of land out of Lot 15, Old Dowlen Business Park, Section Two, 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 24th day of November, 2020. -Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, OBANA THREE COMPANY, INC., a Texas corporation, 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 perpetual; exclusive, water line easement (the "Easement") to construct, alter,_ and maintain waterlines and related 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 particularlydescribed in Exhibit "A & B", attached and made a part hereof for all purposes (the "Easement .Area") The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related . appurtenances in- the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or, hinder the EXFI1 B IT 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. The conveyance :of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights -of -way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page Follows] [INTENTIONALLY LEFT BLANK] EXECUTED this GRANTOR: OBANA THREE COMPANY, INC. a Texas corporation By: Printed Name: Yue-Min Dia Title: CEO day of , 2020. ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the day of , 2020, by'Yue-Min Dia, CEO of Obana Three Company, Inc., a Texas corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2020. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 FAUST 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 Registration No. 100024-00 Engineering Firm Registration No. 4800 EXHIB►T A FIELD NOTE DESCRIPTION FOR A 153 SQUARE FEET, 10 FEET WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF LOT15 OF OLD DOWLEN BUSINESS PARK, SECTION TWO JEFFERSON COUNTY, TEXAS October 2, 2020 BEING a certain 153 square feet tract and being a 10 feet wide exclusive waterline easement out of Lot 15, of Old Dowlen Business Park, Section Two, as described in CF. No. 2016031349, of the Official Public Records of Jefferson County, Texas; said easement 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.) COMMENCING at a W' rebar found in the east right-of-way line of Muela Creek Drive, at the southwest corner of the said Lot 15, and at the northwest corner of Lot 14A, of Old Dowlen Business Park, Section Two, as described- in CF. No. 2020018744, of the Official Public Records Of Jefferson County; THENCE North 87°05'43" East (called North 87"OVIN' East) along the south line of said Lot 15 and the north line of said Lot'14A, a distance of 147.03 feet to a point for the southwest corner of the herein described tract and being the POINT OF BEGINNING THENCE North 02'58'41" West, a distance of 15.32 feet to a point for northwest corner of the herein described tract; THENCE North 87°01'19" East, a distance of 10.00 feet to a point for northeast corner of the herein described tract; THENCE South 02°58'41" East, a distance of 15.33 feet to a point for southeast corner of the herein described tract; . THENCE South.87°05'43" West (called South 87"01'14" West) along the south line . of said Lot 15 and the north line of said. Lot 14A, a distance of 10.00 feet to the POINT OF BEGINNING and containing 153 square feet of land, more or less. This. description and accompanying plat are based on a survey completed under the supervision of Richard F. Faust, P.E., Registered Professional Land Surveyor No. 4782 on October 2, 2020. �QF,Gv sTF9?p . co: e fi.CHARD... FANS. Richard F. Faust, P.E. �9 4782 Qy Q Registered Professional Land Surveyor No. 4782 9�gg\yam Page 1 of 1 I FOUND - REBAR 1/2 Z IS' BU2IXAC SOMM IOE SCALE- 1 "=30' I 20' U77LITY IXSEUW J'J L1 / POINT OF BEGINNIN a POINT FOR CORNER N LOT 15 W= I LOT 14A (CF. NO. 2016031349 J.C.O.P.R.) R (CF NO. 202001,9744 J.C.O.P.R.) 1q x N . ca �. 0 ^W T ca 2 . I IY BiDlp SEBi10[ 11E - 27' BUILDING SVRRA LOVE —� ID' I/ItIIY EX . 10' UINlYFASEMENf � . POINT OF COMMENCEMEN FOUND 112' REBAR MU_ ELA CREEK DRIVE (60' RIGM=OF-WAY) -LINE TABLE LINE BEARING DISTANCE _ CALLED BEAR. L1 N 02'58'41" W 15.32' EXHIBIT B L2 N 87'01'19" E 10.00' - PAGE 1 OF 1 TO ACCOMPANY DESCRIP770M L3 S 02.58.41." E 15.33'OF - A 153 SQUARE FEET L4 s az os'43• w 10.00' s 87.01'147 - W 10 FEET WIDE EXCLUSIVE WATERLINE EASEMENT BEARINGS SHDWN HEREON ARE REFERENCED TO'7HE TEXAS OUT OF COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AND LOT 15 ARE BASED ON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT 2011. OF OLD DOEN BUSINESS PARK, SEC77ON TWO NOTE: WL (CF. NO. 2016031349 ✓JC,O.P.R.) CORNERS ARE POINT FOR CORNER UNLESS NOTED OTHERWISE BEAUMONT, JEFFERSON COUNTY, 7EXAS N Zy (25V�0 ENGINEERING AND SURVEYING, INC. 10.220 a q q PROFi5.9loN6T. ENC]N M AND PROF=ORAL SURVEYORS SSSDEASTD(FWSTEO . BEAUMONT, TU%AS MM - (<091813 10 ENGINEERING FIRM NQ t9W SURVEYINGFIRMNO.10="O l.bA$7FB •'� jV- F. FATS OWNERSHIP OF DOCUMENTS issue � THIS DOCUMENT, AND THE IDEAS AND DESQVS y 1. D a ` q INCORPORATID HEREIN. AS AN INSTRUMENT OF - e PROFESSIONAL SFRNCE IS THE PROPERTY OF q •-d.-d0 FAUST ENGINEWNG AND SURWnNG LNG, AND IS -•�-• NOT TO BE USFD, IN 10HOLF OR INPART. FOR - ANY OTHER PROJECT 1WHOUT 7HE IMLTIEN AUTHOWANeW OF FAUST iNGINEEWNG AND RIGIARD F.FAUST .... VICINITY MAP SURVEYING INC � q N.T.S. Jg••. iiini i u iuui 6pgs 2020036566 EAS STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, OBANA THREE COMPANY, INC., a Texas corporation, 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 perpetual, exclusive, water line easement (the "Easement") to construct, alter, and maintain waterlines and related 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 Exhibit "A & B", attached and made a part hereof for all purposes (the `Basement Area"). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; 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. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights -of -way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page Follows] [INTENTIONALLY LEFT BLAND] EXECUTED this day of --QVe �-C , 2020. GRANTOR: OBANA THREE COMPANY, INC. a Texas corp?pOonn By: Pri t' ame: Yue-Mina.- Dta-i f e: CEO ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on this the 219*%—day of %10V8,-C , 2020, by Yue-Min +)ia, CEO of Obana Three Company, Inc., a Texas corporation. DIL CP GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 2V*'day of 2020. (Smy ANNE B LEWIS Notary Public STATE OF TEXAS ID#7795512Comm. E#. ,rune 26, 2M Notary Public, State of Te as RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors Telephone (409) 813-3410 E-MAIL ADDRESS INFO@FAUSTENG.COM Fax (409) 813-3494 5SS0 Eastex Freeway, Suite O Beaumont, Texas 77708 Surveying Firm Registration No. 100024-00 Engineering Firm Registration No. 4800 EXHIBIT A FIELD NOTE DESCRIPTION FOR A 153 SQUARE FEET, 10 FEET WIDE EXCLUSIVE WATERLINE EASEMENT OUTOF LOT15 OF OLD DOWLEN BUSINESS PARK, SECTION TWO JEFFERSON COUNTY, TEXAS October 2, 2020 BEING a certain 153 square feet tract and being a 10 feet wide exclusive waterline easement out of Lot 15, of Old Dowlen Business Park, Section Two, as described in CF. No. 2016031349, of the Official Public Records of Jefferson County, Texas; said easement 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.) COMMENCING at a %" rebar found in the east right-of-way line of Muela Creek Drive, at the southwest corner of the said Lot 15, and at the northwest corner of Lot 14A, of Old Dowlen Business Park, Section Two, as described in CF. No. 2020018744, of the Official Public Records of Jefferson County; THENCE North 87°05'43" East (called North 87°01'14" East) along the south line of said Lot 15 and the north line of said Lot 14A, a distance of 147.03 feet to a point forthe southwest corner of the herein described tract and being the POINT OF BEGINNING THENCE North 02'58'41" West, a distance of 15.32 feet to a point for northwest corner of the herein described tract; THENCE North 87°01'19" East, a distance of 10.00 feet to a point for northeast corner of the herein described tract; THENCE South 02"58'41" East, a distance of 15.33 feet to a point for southeast corner of the herein described tract; THENCE South 87°05'43" West (called South 87°01'14" West) along the south line of said Lot 15 and the north line of said Lot 14A, a distance of 10.00 feet to the POINT OF BEGINNING and containing 153 square feet of land, more or less. This description and accompanying plat are based on a survey completed underthe supervision of Richard F. Faust, P.E., Registered Professional Land Surveyor No. 4782 on October 2, 2020. Pa'<<G 0•TF.TF d- ....�P•�G : d9�fy U,Q a .cn fIICHARD F. FAL Richard F. Faust, P.E. `' °9 4782 P Q Registered Professional Land Surveyor No. 4782 Page 1 of 1 I REBAR FOUND 1/2" Z Is• Bwuw� sEraArx txE — SCALE. 1 "=30' I ao URUn M-010 T POINT FOR CORNER L3 Ll POINT FOR CORNER POINT OF BEGINNIN POINT FOR CORNER N �� N LOT 15 W" I� LOT 14A (CF. NO. 20IW3130 J.C.O.P.R.) (CF. NO. 2020018744 J.C.O.P.2) t ro 0 ^r W� c _ h 2 ra ne 2V BUl1DRRRN s MUM LM / to mun ewme POINT OF COMMENCEIIIEN FOUND 1/2" REBAR MUELA CREEK DRIVE (60' RIGHT-OF-WAY) LINE TABLE LINE BEARING DISTANCE CALLED BEAR. L1 N 02'58'41" W 15.32' - EXHIBIT B L2 N 87'01'19' E 10.00' - PAGE 1 OF 1 TO ACCOMPANY DESCRIPTION L3 S 02'58'41" E 15.33' OF A 153 SQUARE FEET L4 S 87'05'43" W 10.00' S BT0l'l4' W 10 FEET WIDE EXCLUSIVE WATERLINE EASEMENT BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS OUT OF COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZGNE, AND LOT 15 ARE BASED ON THE NORTH ERICAN DATUM OF 1983, ADJU2011. OF NOTE OLD DOWLEN BUSINESS PARK, SECTION TWO CORNERS ARE POINT FOR CORNER UNLESS NOTED OTHERWISE (CF. NO. 2016031349 J.00.P.R.) BEAUMONT, 10 ERSON COUNTY, TEXAS N CENGINEERING AND SURVEYING, INC. 10.2-20 �mcinw ,..,.p O rxo>?�staxeT, sxGD1WMs AND raor=oxe7, BDRvsxoRs SS50 EABTIX FWY. HfEO 9EAUNONF, TEXA9 �TlO3 (10�81]3110 ��,*•l ENGINEEAING FIRM NQ �EOP BURJEYLNO FIRM N0.100�400 p j-- F. FATS OWNERSHIP OF DOCUMENTS 4M 71OS DOCUMENT AND THE IDEAS AAA DE37CNS 1• ( ' 9•••". GYCORPORA 7ED HE7M, AS AN WSIRUJMNT OF PROFF.WONAL SERNCE IS 7HE PROPERTY OF p �•a-0 FAUST FNGIIJEF MG AND SURIEWING BJC, AND IS ...,,.,.".e. NOT 70 BE USED, IN NHOLE OR MART, FOR ANY OZER PROJECT 0I7HOUT 7HE NRI77EN AUIHQP/ZA7/0NF�Ma rIN c'NEERWc AND RM� � O VIgNITY MAP 0_. !MID SURIEnR ACl 4782 N.T.S.