HomeMy WebLinkAboutRES 23-152RESOULTION NO. 23-152
BE IT RESOLVED BY THE CITY, COUNCIL OF THE
CITY OF BEAUMONT:
WHEREAS, San Antonio Television, LLC, has agreed to convey a one hundred
(100') square foot wide exclusive Water Utility Easement to the City of Beaumont. The
easement is described as being 100 square feet out of the South one-half of Block 3
(also known as Lot 3) T.H. Langham Subdivision, situated in the City of Beaumont. The
easement is for the construction of a new television station located at 6320 Walden
Road, the agreement is substantially in the form attached hereto as Exhibits "A," and
"B," respectively, and made a part hereof for all purposes; and,
WHEREAS, the City Council has considered the purchase of said easement and
is of the opinion that the purchase of said easement is necessary and desirable and that
same should be accepted.
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT said above -described easement purchased from San Antonio Television,
LLC, be and the same is hereby, in all things accepted.
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 23rd day of
May, 2023.
i 40M0 %its
M yor Roy West -
s
►;;
STATE OF TEXAS
COUNTY OF JEFFERSON
KNOW ALL MEN BY THESE PRESENTS:
WATER UTILITY EASEMENT
THAT, SAN ANTONIO TELEVISION, LLC, a Maryland limited liability corporation,
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, an Exclusive Water Utility
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 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 , 2023.
GRANTOR:
SAN ANTONIO TELEVISION, LLC
a limited liability corporation
By:
Printed Name: David Bochenek
Title: SVP, Chief Accounting, Officer
ACKNOWLEDGMENTS
STATE OF MARYLAND §
COUNTY OF BALTIMORE §
This instrument was acknowledged before me on this the day of
2023, by David Bochenelc SVP Chief Accounting Officer of San Antonio Television, LLC, a
limited liability corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
2023.
Notary Public, State of Maryland
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
EXHIBIT "A"
Legal Description: 100.00 Square Feet Exclusive Water Utility Easement
Out of and Part of Block 3
T.H. Langham Subdivision
Volume 1, Page 17, Map Records
C. Williams Survey, Abstract No. 59
Beaumont, Jefferson County, Texas
BEING a 100.00 Square Feet exclusive water utility easement situated in the C. Williams Survey,
Abstract No. 59, Jefferson County, Texas and being out of and part of the South one-half of Block 3
(also known as Lot 3) of the T.H, Langham Subdivision, a subdivision of the City of Beaumont,
Jefferson County, Texas, according to the plat thereof recorded in Volume 1, Page 17, Map Records,
Jefferson County, Texas and being out of and part of that certain called 3.564 acre tract of land as
described in a "Special Warranty Deed" from Constantine S. Megas to San Antonio Television, LLC
as recorded in Clerk's File No. 2021033170, Official Public Records of Real Property, Jefferson
County, Texas, said 100.00 square feet exclusive water utility easement being more particularly
described as follows:
NOTE: All bearings are referenced to the West line of the above referenced 3.564 acre
San Antonio Television, LLC tract as NORTH 00°2226" WEST as recorded in the
above referenced Clerk's File No. 2021033170, Official Public Records of Real
Property, Jefferson County, Texas. All set 518" iron rods set with caps stamped
"Whiteley":
COMMENCING at 1" iron rod found for the Northwest coiner of the said 3.564 acre San Antonio
Television, LLC tract, said corner being the Southwest corner of that certain tract of land being called
the North one-half of Block 3 of the T.H. Langham Subdivision as described in a "Special Warranty
Deed" from Ima Jean Hebert, Sharon Hebert Mouton, Margaret Elizabeth Hebert Allen and Carolyn
Hebert Droddy to W.A. Hebert, III and wife, Bessie W. Hebert and Clyde D. Hebert and wife, Tedine
S. Heber, and Margaret Hebert Callaway as recorded in Volume 2288, Page 342, Deed Records,
Jefferson County, Texas and being in the West line of the said Block 3 and the East right-of-way line
of Langham Road (unimproved);
THENCE SOUTH 00022'26" EAST, along and with the West line of the said Block 3 and the East
right-of-way line of Langham Road, the same being the West line of the said 3.564 acre San Antonio
Television, LLC tract, for a distance of 457.05 feet to a 1/2" iron rod found for reference in the North
line of a 30 feet wide drainage easement as described in a "Right -of -Way Easement" from Ida L. Keith
Estate to Jefferson County Drainage District No. 6 as recorded in Volume 894, Page 295, Deed
Records, Jefferson County, Texas, the same being the North right-of-way line of Walden Road per the
City of Beaumont;
THENCE NORTH 89052'45" EAST, along and with the North line of the said 30 feet wide Jefferson
County Drainage District No. 6 easement and the North right-of-way line of Walden Road per the City
of Beaumont, for a distance of 129.00 feet to a 5/8" iron rod set for the Southwest corner and the
POINT OF BEGINNING of the easement herein described;
THENCE NORTH 0000715" WEST, over and across the said 3.564 acre San Antonio Television,
LLC tract, for a distance of 10.00 feet to a 5/8" iron rod set for corner;
EXHIBIT "A"
& ASSOCIATES INC.
THENCE NORTH 89052'45" EAST, continuing over and across the said 3.564 acre San Antonio
Television, LLC tract, for a distance of 10.00 feet to a 5/8" iron rod set for corner;
THENCE SOUTH 00007'15" EAST, continuing over and across the said 3.564 acre San Antonio
Television, LLC tract, for a distance of 10.00 feet to a 5/8" iron rod set for corner, said corner being
in the North line of the said 30 feet wide Jefferson County Drainage District No. 6 easement and the
North right-of-way line of Walden Road per the City of Beaumont;
THENCE SOUTH 89052'45" WEST, along and with the North line of the said 30 feet wide
Jefferson County Drainage District No. 6 easement and the North right-of-way line of Walden Road
per the City of Beaumont, for a distance of 10.00 feet to the POINT OF BEGINNING and
containing 100.00 Square Feet, more or less.
Surveyed on May 3, 2023. This legal description is being submitted along with a plat based on this
survey (see EXHIBIT'
OF
Thomas S. Ro e, RPLS No. 5728 �!Q �'•
••� ..• •-} &ASS. ROWE�
Texas Surveying Firm No.: 10106700 "Ti .i•••••
y g �,� 6728 "•
+9a O+ .
WA2033%23-674V3-674m&b. d= • ;E$ $� Q
l�ND •SUM
EXHIBIT "A"
MARK IV WHITELEY & ASSVC/A7CS, INC:
BLOCK 4
CALLED 2.500 ACRES
ISC PROPERTIES. LLC
CF NO. 2004011536
OPRJC
CALLED N. 1/2 OF BLOCK 3
OF T.H. LANGHAM SUBDMSION
W. A. HEBERT, III, et al
FND 1' VOL 2288, PG. 342
I. ROD DRJC
(CALL 589'25'401'W 317.98')
FND N89'25'4O"E 317.98'
a
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LG,"pGB1
VOLE
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CALLED 3.564 ACRES
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SAN ANTONIO TELEVISION, LLC
CF NO. 2021033170
ao
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OPRJC
G
9 SET 5/8' IRON ROD
W/CAP STAMPED 100.00 SQUARE FEET
'WHITELEY" EXCLUSIVE WATER
UTILITY EASEMENT
FND 1/2
I. ROD FOR
REFERENCE
--
FND N89'52'45'E 129.00' L4
FND 0.219 ACRES
FND NOO'22'26 W 30.00' IN RIGHT OF WAY
c. PBS,�aQc
b
CALCULATED CORNER
FND S89°52'45"W 317.96'
UNABLE TO FIND OR
(CALL S89'52'45'W 317.96')
SET DUE TO
CONCRETE PAVEMENT
WALDEN ROAD
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: MAY 3, 2023
. R
o. 5728
NORTH R.O.W. LINE OF
WALDEN ROAD
PER THE CITY OF BEAUMONT
LFND S89'52'45'W 173.96'
30' DRAINAGE EASEMENT
JEFFERSON COUNTY DRAINAGE
DISTRICT NO. 6
CALCULATED CORNER
UNABLE TO FIND OR
SET DUE TO
CONCRETE PAVEMENT
UNE
BEARING
DISTANCE
L1
NOO'07'15'W
10.00'
L2
N89'52'45'E
10.00'
L3
S00'07'15"E
10.00'
14
S89'S2 45'W
10.00'
0' 25' 50' 100'
Scale: 1 "=50'
EXHIBIT "B"
REFER TO EXHIBIT 'A"
FOR .LEGAL DESCRIPTION
I
N
CALLED 1.1238 ACRE
A & A ELECTRIC
FC NO. 95-9534822
OPRJC
FND 1/2-
1. ROD FOR
REFERENCE
FND SOO'22'17'E 30.00'
EXHEIT OF
100.00 SQUARE FEET EXCLUSIVE
INATI R UTRM FASEPENT
OUT OF AND PART OF BLOCK 3
T.H. LANOHAN SUBI IVISIOII
VOLINE 1. PAGE 17, MAP RECORDS
C. WNIJAMS SURVEY, ABSTRACT NO. SO
IEIUJMONT, JEFFERSON COUNTY, TEXAS
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CXIIIL)IL D
RESOULTION NO. 23-152
BE IT RESOLVED BY THE CITY, COUNCIL OF THE
CITY OF BEAUMONT:
WHEREAS, San Antonio Television, ,LLC, has agreed to convey a one Hundred
(100) square foot wide exclusive Water Utility Easement to the City of Beaumont. The
easement is described as being 100 square feet out of the South one-half of Block 3
(also known as Lot 3) T.H. Langham Subdivision, situated in the City of Beaumont. The
easement is for the construction of a new television station located at 6320 Walden
Road, the agreement is substantially in the. form attached hereto as Exhibits "A," .and
"B," respectively, and made a part hereof for all purposes; and,
WHEREAS, the City Council has considered the purchase of said easement and
is of the opinion that the purchase of said easement is necessary and desirable and that
same should be accepted.
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT said above -described easement purchased from San Antonio. Television,
LLC, :be and the same is hereby, in all things accepted. -
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 23rd-day of
May, 2023. NO—
yj - M yor Roy West -
7pgs. 2023014435
CAC
STATE OF TEXAS §
COUNTY OF. JEFFERSON §
KNOW ALL MEN BY THESE PRESENTS:
WATER UTILITY EASEMENT
THAT, SAN ANTONIO TELEVISION, LLC, a Maryland limited liability corporation,
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. 0. Box.3827, Beaumont,
Texas 77704, Jefferson County, Texas, its successors and assigns, an Exclusive Water Utility
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 impiove,.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 2023.
GRANTOR:
SAN ANTONIO TELEVISION, LLC
a limited liability corporation
By:
Printed Name: David Bochenek
Title: SVP, Chief Accounting Officer
ACKNOWLEDGMENTS
STATE OF MARYLAND §
COUNTY OF BALTIMORE §
This instrument was acknowledged before me on this the �� day of , -
2023,.by David Bochenelc SVP Chief Accounting Officer of San Antonio Television, LL , a
limited liability corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 1 8 t`day of. ,
2023.
Notary P lic, State of Maryland,
Rq '�
NOTARY PUBLIC _A, ;• s
BALTIMORE COUNTY
' y
OAY COMMISSION OWES JJAANUARY 20, 2025 �� �.� Q =
QI
y,,�,�ORE �C�J.••``���
RETURN TO:. City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
EXHIBIT "A"
Legal Description: 100.00 Square Feet Exclusive Water Utility'Easement
Out of and Part of Block 3
T.H. Langham-Subdivision .
Volume 1, Page 17, Map. Records
C: Williams Survey, Abstract No. 59
Beaumont, Jefferson County, Texas
BEING a 100.00 Square Feet exclusive water utility easement situated in the C. Williams Survey,
Abstract No. 59, Jefferson County, Texas and being out of and part of the South one-half of Block 3
(also known, as Lot 3) of, the: T.H. Langham Subdivision,. a subdivision of the City of Beaumont,
Jefferson County, Texas, according to the plat thereof recorded in Volume 1, Page 17, Map Records,
Jefferson County, Texas and being out of and part.of that certain called 3.564 acre tract of -land as
described in a "Special Warranty Deed" from Constantine S. Megas to San Antonio Television,: LLC
as recorded in Clerk's File No. 2021033170, Official Public Records of Real Property, Jefferson
County, Texas, said 100.00 square. feet exclusive. water utility easement. being more particularly
described as -follows:
NOTE:. All bearings are referenced to the West line -of the above referenced 3.564-acre
San Antonio : Television, LLC tract as NORTH 0002226" WEST as recorded in the
above referenced Clerk's File No: 2021033170, Official Public Records --of Real
Property, ,Jefferson -County, Texas. All. set 518" iron rods- set with caps stamped
'►Whiteley"
COMMENCING at V iron rod found.for the Northwest corner of the said 3.564 acre San Antonio
Television, LLC tract, said corner being the Southwest corner of that certain;tract of land being called
the North one-half of Block 3 of the T.H. Langham Subdivision as described in a ".Special Warranty
Deed" from Ima Jean Hebert, Sharon Hebert.Mouton; Margaret Elizabeth Hebert Allen and Carolyn
Hebert- Droddy to W.A. Hebert, III and 'wife, Bessie W. Hebert and Clyde D. Hebert and wife, Tedine
S. Heber, and Margaret Hebert Callaway as recorded in Volume 2288, Page 342, Deed Records,
Jefferson County, Texas -and being in the West line of the said Block 3 and the East right-of-way line
of Langham Road (unimproved);
THENCE .SOUTH 0.0022'26" EAST, along and with the West line of the said Block 3 and the. East
right-of-way line of Langham Road, the same being the West line of the said 3.564 acre San Antonio
Television, LLC tract, fora distance of-457.05 feet to a 1/2". iron rod found for reference. in the North
line of a 30 feet wide drainage easement as described in a "Right -of -Way Easement" from Ida L. Keith
Estate to Jefferson County Drainage District No. 6 as recorded in Volume 894; Page 295, Deed
Records, Jefferson_ County, Texas, the same being the North right-of-way line of Walden Road per the
City of Beaumont;
THENCE NORTH 89052'45" EAST, along and with .the North line of the.said 30 feet wide Jefferson -
County Drainage District No: -6 easement and the North right-of-way line of Walden Road per the City
of Beaumont, for a distance of 129.00 feet to a 5/8" iron rod set for the Southwest corner and the
POINT OF BEGINNING of the easement herein described;
THENCE NORTH 0000715" WEST, over and across the said 3.564 acre San Antonio Television,
LLC tract, -for a distance of 10.00 feet to a 5/8 iron rod set for corner;
EXHIBIT "A"
WHITELEY&
THENCE NORTH 89052'45" EAST, continuing over and across the said 3.564 acre San. Antonio
Television,.LLC tract, for a distance of 10.00 feet to a 5/8" iron rod.set for corner;
---THENCE SOUTH 00°07'15" EAST, continuing over and across the said-3.564 acre San Antonio
Television, LLC tract, for a distance of 10.00 feet to a 5/8" iron rod set for corner, said corner being
in the North line of the said 30 feet wide Jefferson County Drainage District No! 6 easement and the
North right-of-way line of Walden Road per the -City of Beaumont;
THENCE SOUTH 89052'45" WEST; along and'with, the 'North line of the said 30 feet wide.
Jefferson. County -Drainage District No. 6 easement and the North right-of-way line of Walden Road
per .the City of Beaumont, for a distance of 10.00 ' feet to the- POINT OF BEGINNING and
containing 100.00 Square Feet, more or less.
Surveyed on May 3, 2023. This legal description is being submitted along_ with a plat based on this
survey (see EXHIBIT'
F. rF..
Thomas S. Ro e,.RPLS No. 5728
..
....................!......„!....
7HOMAS.S. ROWE
•..�� .•............... 60...
Texas Surveying Finn No.: 10106700 t'0 6728 ' ;
W:V023127 674@3 b74m&b.doex ....88 S %;.!�• Q -
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EXHIBIT "A"
Page 2 d2
MARK IV WHITELEY& ASSOCIATES.INC
CALLED N. 1//2 OF BLOCK 3
OF T:H. LANGHAM SUBDIVISION .
W. A. HEBERT, III, et 61.
FND 1" VOL 2288, PG. 342 (CALL S89'25'401 w 317.98') .
1. ROD DRJC M-N899M E 317.98
e
B`o� S�BoMsloH .
0 0
.
.1HG ' 1PG .-17 r
0 0 TpL.,
Cho o
S^� O o,
B1-�K 4 N� oC
top CALLED . 3.564 ACRES
cN�:r aNv a SAN ANTONIO TELEVISION, LLC
woof5cN N — CF NO. 2021033170
C OPRJC
CALLED 2.500.ACRES wQi o CALLED 1.1238 ACRE
ISC PROPERTIES. LLC A do A ELECTRIC
CF NO. 2004011536 406 •SET 5/8" IRON ROD
OPRJC W/CAP STAMPED 100.00 -SQUARE. FEET
FC N0. 95-9534822
"WHITELEY* EXCLUSIVE_' WATER OPRJC
UTILITY EASEMENT NORTH R.O.W. LINE OF
2' WALDEN ROAD FND 1/2'
FND 1
/ L2 PER THE CITY OF. BEAUMONT I. ROD FOR
I.I. ROD FOR REFERENCE
REFERENCE —
FND N89'52'45'E 129.00' to FND S89'52'45'W 178.96' FND S00'22'17'E 30,00' : .
FND 0.219 ACRES 30' DRAINAGE EASEMENT
FND N00'2226'W 30.00' IN RIGHT OF WAY JEFFERSON COUNTY DRAINAGE
DISTRICT NO. 6
CALCULATED CORNER FND gW5r48"W 317.9W CALCULATED CORNER
UNABLE TO FIND OR (CALL S8T52'45'W 317:96') UNABLE TO FIND OR
SET DUE TO SET DUE TO..
CONCRETE PAVEMENT -WALDEN ROAD CONCRETE PAVEMENT
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: MAY 3. 2023 OF
iH O1W s. Rowe
»....:.i.».
-'° . ' 6728
THOMAS S. R0. E —REGISTERED PROFESS R No. 5728
LINE
BEARING
DISTANCE
L1
N00'07'15'W
10.00'
L2
NBT52'45'E
10.00'
L3 ..
S00'07'15'E
10.00'
L4
S8752 45'W
10.00'
0' 25' .501 100' .
Scale: 1 "=50'
EXHIBIT "B" ,
REFER TO EXHIBIT A'
FOR .LEGAL DESCRIPTION
E NEfr OF
100A0 SQUARE FAT EXCLUSIVE
WATERUM11 YEASLaENT
OUTOF AND PART OF BLACK 3
T.H. LANGHAM SUBDNIBKIN
VOLUTE 1; PAGE17,111W RECORDS
Q.WLL1AM8SURVEY,AB5WtACT.NO 30
BEAUMONT,JEFFERSONtOUN1Y,TEXAS
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Roxanne Acosta-Hellberg, County Clerk
Jefferson County, Texas
May 26, 2023 12:50:05 PM
FEE: $46.00 2023014435