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Home My WebLink AboutRES 22-106RESOLUTION NO. 22-106 WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit "1," attached hereto, for a Lift Station Easement: Description: 490 square feet Lift Station Easement situated in the D. Easley League, Abstract No. 20 in the City of Beaumont, Jefferson County, Texas Owner: Praise Christian Center, Inc. Appraised Value: $617.00 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 the purchase of the above described property be, and the same is, hereby approved; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all related documents relating to the purchase of the above described property. 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 12th day of April, 2022. - Mayor Robin Mouton - THE STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT PROJECT: Lift Station Easement Property ID #: 128611 X 0 This agreement between the Praise Christian Center, Inc., of the County of Jefferson, State of Texas, hereinafter called GRANTOR, and the City of Beaumont, Texas, acting by and through its duly authorized Agent, hereinafter called GRANTEE, witnesseth: CITY OF BEAUMONT and the GRANTOR above recited have reached an agreement wherein the GRANTOR are to convey to the CITY OF BEAUMONT property described fully in a Lift Station Easement to be executed by GRANTOR, to which reference is hereby made for completedescription, said property being briefly described as follows: 490 square feet lift station easement situated in.the Daniel Easley League, Abstract No. 20, in the City of Beaumont, Jefferson County, Texas The consideration 'and conditions of agreement are fully listed and stated. The CITY OF BEAUMONT will pay GRANTOR as follows: SIX HUNDRED SEVENTEEN AND NO/100 DOLLARS ($617.00) All liens and taxes (either current or delinquent) will be deducted. It is further agreed that the terms of agreement herein stated are in consideration of the delivery to. the CITY OF BEAUMONT of a valid conveyance of all rights, title and interest described in the Lift Station Easement from GRANTOR to the CITY OF BEAUMONT. THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL .OF THE BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. EXECUTED this - 4th day of April , 2022. CITY OF BEAUMONT Vv 1✓ Antoinette Hardy Real Property Coordinator GRANTOR Praise Christian Center, Inc. EXHIBIT "1" STATE OF TEXAS §_ § KNOW. ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § LIFT STATION EASEMENT THAT, PRAISE CHRISTIAN CENTER, INC., 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, lift station easement (the "Easement") to construct, alter, and maintain water and sewer lines 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 "Easement Area") The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water and/or sewer 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] .I EXECUTED this 0 day of n / , 2022. GRANTOR: PRAISE CHRISTIAN CENTER, INC. By: Printed Name. Title: mini 'v r ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument as at l at efore me on this the �� day of 4 2022, by 7CIA, of PRAISE CHRISTIAN CMER, INC. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2022. RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 Notary,'Kblic, State of 4 '� REGINA BALDWIN pµY PV i Notary Public, State of Texas Comm. Expires 04-01-2025 ;,;�`�� Notary ID 126782098 EXHIBIT "A" Legal Description: 490.00 Square Feet Lift Station Easement Daniel Easley League, Abstract No. 20 Beaumont, Jefferson County, Texas BEING a 490.00 square feet lift station easement situated in the Daniel Easley League, Abstract No. 20, Jefferson County, Texas and being out of and part of that certain called 6.247 acre tract, identified as Tract I, as described in a "Warranty Deed" from Northwest Bible Church of Beaumont,. Texas, Inc., a/k/allorthwest Bible Church, to Praise Christian Center, Inc. as recorded in Clerk's File No. 95-9505191, Official Public Records of Real Property, Jefferson County, Texas, said 490.00 square feet easement being more particularly described as follows: NOTE. All bearings are referenced to the East line of the Praise Christian Center, .Inc. Tract II as recorded in Clerk's File No. 95-9505191, Official Public Records of Real Property, Jefferson County, Texas as NORTH 00°00'00" WEST All set 518"iron rods set with caps stamped "M. W. Whiteley & Associates'. COMMENCING -at a 1" iron pipe found for the Southeast corner of the said 6.247 acre -Praise Christian Center, Inc. tract and also being the most Easterly Northeast corner of that certain called 13;50 acre tract, save and except a 10.00 acre tract, identified as Tract II, as described .in a "Warranty Deed from Northwest Bible Church of Beaumont, Texas, Inc., aWa Northwest Bible Church; to Praise Christian Center, Inc. as recorded in Clerk's File No. 95-9505191, Official Public Records of Real Property, Jefferson County, Texas and said corner being -in -the West right-of-way line of Walker Road and said corner bears NORTH 00°00'00" WEST a distance of 394.70 feet from a 1" iron pipe found for the Southeast corner of the said Praise Christian Center, Inc. Tract II; THENCE NORTH 00000'00" WEST, along and: with the East line of the said 6.247 acre Praise Christian Center, Inc. tract and the West right-of-way line of Walker Road, for a distance of 6.93 feet to a 5/8" iron rod set for the Southeast corner and the POINT OF BEGINNING of the easement herein described; THENCE NORTH 90000'00" WEST, over and across the said 6247 acre Praise Christian Center, Inc. tract and perpendicular to the East line of the said 6.247 acre Praise Christian Center, Inc. tract and the West right-of-way line of Walker Road, -for a distance of 14.00 feet to a 5/8" iron rod set for corner; - THENCE NORTH 00000'00" WEST: parallel to the East line of the said. 6.247 acre Praise . Christian Center, Inc. tract and the West right-of-way line of Walker Road, for a distance of 35.00 feet to a 5/8" iron rod set for corner; THENCE NORTH 90000'00" EAST, perpendicular to the East line of the said 6.247 acre Praise Christian Center, Inc: tract and the West right-of-way line of Walker Road, for a distance of 14.00 feet to a 5/8" iron rod set for corner, said corner being in the East line of the said 6.247 acre Praise Christian Center; Inc. tract and the West right-of-way line of Walker Road; EXHIBIT "A" W. WHITELEY& ASSOMTES. INC THENCE SOUTH 00000'00". EAST, along and with the East line of the said 6.247 acre Praise Christian Center, Inc. tract and the West right-of-way line of Walker Road, for a distance of 35.00 feet to the POINT OF BEGINNING and containing 490.00 Square Feet, more or less. Surveyed on October 1, 2021. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B"). Thomas S. Rowe, RPLS No. 5728 5wC,% STZ RFa ..Q........................... Texas Surveying Firm No.: 10106700 THoMas S. ROWE ..............5728'... ,•.... A �. W:12021A21-1517U1-1517m&b.daac •� �.,F�SS��',Q` 9N0 SU4iV�� EXMIT " N' Page 2 of 2_ MARK W. WHITELEY & ASSOCIATES, INC: 0' 10' 20' 40' Scale: 1 "=20' LINE BEARING DISTANCE L1 NOD'00'OD"E 6.93' L2 N9D'00'00'W 14.00' L3 N00'00'O0"W 35.00' L4 N90'00'00"E 14.00' L5 S00'00'00"E 35.00' z►� °�'�0 SET 5/8" L4 SET 5/8" \� o r. GA I. ROD 6�p�� gil I. ROD 490.00 SQ. FEET ' LIFT STATION 0 EASEMENT EXISTING ' LIFT � STATION J POB CALLED 6.247 ACRES EXISTING "TRACT I' ELECTRIC I SET 5 /8" PRAISE CHRISTIAN CENTER, INC. RACK I. ROD. . CF NO. 95-9505191 OPRJC sET 5/8" L2 I. ROD rr o P rn � mop Q a o CALLED 13.50 ACRES I� PIPE " M M O S&E 10.00 ACRES "TRACT 11" o 10 PRAISE CHRISTIAN CENTER, INC. o00 z CF N0. 95-9505191 o n ., OPRJCLu z ¢ z J FND 1" I. PIPE a . CALLED 17.584 ACRES a MAXSON MEMORIAL CHURCH, INC. CF NO. 2008042010 OPRJC TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: 1, T OH MAS a.- 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. DATE SURVEYED: OCTOBER 1, 2021 m--07:�1Y OF T;.. � p THOMASS,ROWE .......... e• 6728 _ CALLED 2.857 ACRES JOSEPH M. THIBODEAUX, et ux CF NO. 2001043120 OPRJC WALKER ROAD (60' ROW) _ LEGEND 0 POWER POLE 0 WATER METER C. GUY ANCHOR OVERHEAD ELECTRIC ORIGINAL TRACT LINE EXHIBIT "B" REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION EXHIBIT OF 490.00 SQUARE FEET LIFT STATION EASEMENT DANIEL EASLEY LEAGUE ABSTRACT NO.20 BEAUMONT JEFFERSON COUNTY, TEXAS DR BMW I CK BY97SR APP MISR VERt ACAD 2019 SCALE SHEET No.: DAZE OCT. +. 20211"=20' 1 OF 1 mm, JOB NO. t.\1021\21-1517 CUB W1fER RIMD IS\21-1517.VIG 27 —151 uu��iniuuniiiiuFW2022014112 STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: LIFT STATION EASEMENT THAT, PRAISE CIMSTIAN CENTER, INC., 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 perpetual, exclusive, lift station easement (the "Easement") to construct, alter, and maintain water and sewer lines 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 and/or sewer 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] 4EXECUTED this y , da of Y1 , 2022. GRANTOR: PRAISE CHRISTIAN CENTER, INC. ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF JEFFERSON This instrument ac w edged ke ore me on this the day of 2022, by , of PRAISE CHRISTIAN CEN IER, INC. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 52022. Notary -Iblic, State of� RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 %%�a�yP REGINA BALDWIN Notary Public, state of Texas ! Comm. Expires 04-01-2025 OFF` Notary ID 126782098 EDIT "A" Legal Description: 490.00 Square Feet Lift Station Easement Daniel Easley League, Abstract No. 20 Beaumont, Jefferson County, Texas BEING a 490.00 square feet lift station easement situated in the Daniel Easley League, Abstract No. 20, Jefferson County, Texas and being out of and part of that certain called 6.247 acre tract, identified as Tract I, as described in a "Warranty Deed" from Northwest Bible .Church of Beaumont, Texas, Inc., a/k/allorthwest Bible Church, to Praise Christian Center, Inc. as recorded in Clerk's File No. 95-9505191, Official Public Records of Real Property, Jefferson County, Texas, said 490.00 square feet easement being more particularly described as follows: NOTE. All bearings are referenced to the East line of the Praise Christian Center, Inc. Tract H as recorded in Clerk's File No. 95-9505191, Official Public Records of Real Property, Jefferson County, Texas as NORTH 00100100" WEST. All set 518" iron rods set with caps stamped "M. W. Whiteley & Associates". COMMENCING at a 1" iron pipe found for the Southeast corner of the said 6.247 acre- Praise Christian Center, Inc. tract and also being the most Easterly Northeast corner of that certain called 13.50 acre tract, save and except a 10.00 acre tract, identified as Tract If, as described in a "Warranty Deed" from Northwest Bible Church of Beaumont, Texas, Inc., a/k/a Northwest Bible Church, to Praise Christian Center, Inc. as recorded in Clerk's File No. 95-9505191, Official Public Records of Real Property, Jefferson County, Texas and said corner being in the West right-of-way line of Walker Road and said corner bears NORTH 00°00'00" WEST a distance of 394.70 feet from a 1" iron pipe found for the Southeast corner of the said Praise Christian Center, Inc. Tract II; THENCE NORTH 00000'00" WEST, along and with the East line of the said 6.247 acre Praise Christian Center, Inc. tract and the West right-of-way line of Walker Road, for a distance of 6.93 feet to a 5/8" iron rod set for the Southeast corner and the POINT OF BEGINNING of the easement herein described; THENCE NORTH 90°00'00" WEST, over and across the said 6.247 acre Praise Christian Center, Inc. tract and perpendicular to the East line of the said 6.247 acre Praise Christian Center, Inc. tract and the West right-of-way line of Walker Road, for a distance of 14.00 feet to a 518" iron rod set for corner; THENCE NORTH 00°00'00" WEST, parallel to the East line of the said 6.247 acre Praise Christian Center, Inc. tract and the West right-of-way line of Walker Road, for a distance of 35.00 feet to a 5/8" iron rod set for comer; THE, NORTH 90000'00" EAST, perpendicular to the East line of the said 6.247 acre Praise Christian Center, Inc. tract and the West right-of-way line of Walker Road, for a distance of 14.00 feet to a 5/8" iron rod set for corner, said corner being in the East line of the said 6.247 acre Praise Christian Center, Inc. tract and the West right-of-way line of Walker Road; EXHIBIT "A" MARK W. WHITELEY & THENCE SOUTH 00000'00" EAST, along and with the East line of the said 6.247 acre Praise Christian Center, Inc, tract and the West right-of-way line of Walker Road, for a distance of 35.00 feet to the POINT OF BEGINNING and containing 490.00 Square Feet, more or less. Surveyed on October 1, 2021. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B"). Thomas S. Rowe, RPLS No. 5728 g;•�aRF Texas Surveying Firm No.: 10106700 VoMAs 8. RowE ,..ti..A......5728....... ,..... s �.; WA2021121-1517121-1517m&b.docx %P�4: .:��.•'Q lp ss�gNO�5U8��0 EXHIBIT "A" Pan 2 of 2 MARK M ii'IIITELEY & ASSOMTES, INC 0' 10' 20' 40' Scale: 1 "=20' LINE BEARING I DISTANCE L1 N0900'00"E 6.93 L2 N90'00'00'W 14.00' L3 N00'00'00'W 35.00' L4 N90'00'00"E 14.00' L5 SOD'00'00"E 35.00' a a,00919 ► 3 �00 SET 5/8" d�° ►�QJ��g��(n� �° c I. ROD f Vim" 490.00 SQ. FEET ---- LIFT STATION EASEMENT CALLED 6.247 ACRES EXISTING "TRACT I' ELECTRIC PRAISE CHRISTIAN CENTER, INC. RACK CF NO. 95-9505191 OPRJC JSET 5/s". ROD SET I. R1 SET 5/8" L2 1. ROD CALLED 13.50 ACRES S&E 10.00 ACRES "TRACT ll" PRAISE CHRISTIAN CENTER, INC. CF NO. 95-9505191 OPRJC I. PIPE FND 1" I. PIPE CALLED 17.584 ACRES MAXSON MEMORIAL CHURCH, INC. CF NO. 2008042010 OPRJC 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. DATE SURVEYED; OCTOBER 1, 2021 OX.- Sr � o THOMAS 5. ROWE p 5728 P CALLED 2.857 ACRES JOSEPH M. THIBODEAUX, et ux CF NO. 2001043120 OPRJC WALKER ROAD (60' ROW) LEGEND 0 POWER POLE 0 WATER METER C. GUY ANCHOR — orrE— OVERHEAD ELECTRIC — - — . — ORIGINAL TRACT LINE 0 O 3 Iw w v EXHIBIT "B" REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION EXHIBIT OF 490.00 SQUARE FEET LIFT STATION EASEMENT DANIEL EASLEY LEAGUE ABSTRACT NO.20 BEAUMONT JEFFERSON COUNTY, TEXAS VERt ACM 20111 SCALE SHEET Nat DAZE OCT. 4, ",I 1"-20' 1 OF 1 FILE I J09 N0, If.kMIX21-15U MUM RO1D IA21-151ZUW 21-151 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Laurie Leister, County Clerk Jefferson County, Texas April 22, 2022 11:20:35 AM FEE: $46.00 2022014112