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HomeMy WebLinkAboutRES 23-334RESOLUTION NO, 23-334 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Julia Ruth Brower Steinhagen has agreed to convey a one (1) foot ten (10) inch wide Water Line Easement to the City of Beaumont, said easement being a 0,052-acre tract of land out of the C. Williams league, Abstract No. 59 for TXDOT'S I-10/US-69 Interchange Project; 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 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 said above -described easement conveyed from Julia Ruth Brower Steinhagen, be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of November, 2023. - Mayor R6 West - STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS; WATER LINE EASEMENT THAT, JULIIA RUTH BROWER STETNHAGEN, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO1100 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 "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 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 Folloivs] l-F.f T BLA1\1K] EXECUTED this day of GRANTOR: By: Printed Name: Julia Ruth Brower Steinhag ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the 2023, by Julia Ruth Brower Steinhagen, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. 0. Box 3827 Beaumont, TX 77704 2023. day of day of , 2023, Notary public, State of Texas NU Contmerchd a Residetttkrl • Irtdrrstdal , jJMPYO f S, LLC Pine No. 10136400 EXHIBIT `A' FIELD NOTE DESCRIPTION 0.052 Acre Exclusive Waterline Easement C. Williams League Abstract No. 59 Jefferson County, Texas BEING a 10'wide, 0,052 acre (2262.78 square feel) Exclusive Waterline Easement, lying in the C. Williams League, Abstract Number 59, in Jefferson County, Texas and part of A 2.390 acre tract conveyed to Julia Ruth Brower Steinhagen by Executer's Deed recorded in Clerk File No, 2022023377, Official Public Records of Jefferson County, Texas, (OPRJCT), said 0.052 acres being more particularly described as follows: Note; All bearings are based on the Texas Coordinate System of 1983 (NAD83), South Central Zone, BEGINNING at a point in the southwest line of a 20' Exclusive Sanitary Sewer Easement to the City of Beaumont recorded in Cleric File No, 2013006706, (OPRJCT) same being the southwest line of Lot 1, Block 1, Southwest Plaza, Section 1, recorded in Volume 9, Page 133, Map Records of Jefferson County, Texas, (MRJCT), and the northeasterly line of a 10' Sanitary Sewer Line and Pump Station Easement to the City of Beaumont recorded in Volume 1744, Page 357, Deed Records of Jefferson County, Texas (DRJCT) and the northeasterly lire of said 2.390 acre tract from which a''/a" rod found in the northwest right of way line of a public road known as Intersiatc Highway 10 South bears South 51°02'12" East, a distance of 10,13'; THENCE South 48106'45" West, along the northwesterly line of said 10' Sanitary Sewer Line and Pump Station Easement for a distance of 164.63' to a point for corner; THENCE South 39103'32" West, along the northwesterly line of said 10' Sani tary Sewer Line and Pump Station Easement for a distance of 62.32' to a point in the southwesterly line of said 2.390 acre tract, the westerly corner of said 10' Sanitary Sewer Line and Pump Station Easement and in the northeasterly line of a public roadway known as Holiday Square; THENCE North 51°02'56" West, along the southwesterly line of said 2,390 acre tract for a distance of 9.78' to a point for comer; THENCE North 38*51'25" East, crossing said 2.390 acre tract for a distance of 63.10' to a point for corner; THENCE North 48°06'45" East, crossing said 2,390 acre tract for a distance of 163.85' to a point for the northwest corner of said 20' Exclusive Sanitary Sewer Easement in the northeast line of said 2,390 acre tract and the southwest line of said Lot I, Block 1; THENCE South 51°02'45" East, along the southwest line of said 20' Exclusive Sanitary Sewer Easement, the northeast line of said 2,390 acre tract and the southwest line of said Lot 1, Block I for a distance of 10.13' to the POINT AND PLACE OF BEGINNING, containing 0,052 acres (2262,78 square feet) of land, more or less, An easement plat (Exhibit'B') accompanies this description. Scott N. Brackht, PLS �6650 Access Surveyors Project No. 2023322 April 05, 2023 Page 1 of 1 11025 Old Voth (toad, Beaumont, 'texas 77713 Office: (409) 838-6322 Rax: (409) 838-6122 Email: rpls5163 rr aol.com Web: Nvww.access-stlrvcyors,corrt File: 2023322_STEINHAGFN PSMT_EX A DESCWTION,Doex EXHIBIT 'B' eAsEmArr PLAT s41 e�IN oso' ao I INCH = 30 FEET LEGEND EXCLUSIVE WATER = POINT FOR COF R LINE EASEMENT 10, WIDE O = FOUND 112' Rao `t.,V� 0.052 Ac � �Y'h� �l P� 2262.78 Sa.FT. ¢ qo 0 �P Zti b tih� L— vQ Qv. I. ALL BEARINGS a COORDINATES ARE 131136, DASEO ON THE TEXAS 1�0a�y0u COORDINATE SYSTEM OF 1983 (NAD83), SOUTH CENTRAL. ZONE. �o y0 4F � X 2. AN EASEMENT DESCRIPTION (EXHIBIT 'A') ACCOMPANIES THIS PLAT. 10.0 O `¢C�l AVID �h I� 41. LINE TABLE LINE /✓ DIRECTION LENGTH Ll S 51002112' E 10.13' L2 S 48006'45' W 164.63' L3 S 39°03'32' W 62.32, L4 N 51002'56' W 9.78' L6 N 38061*96' E 63.10' Lb N 48006'45' E 163,85' L7 S 51°02'12' E 1 10.13' FLAT SHOWING AN EXCLUSIVE WATER LINE EASEMENT TO THE CITY OF BEAUMONT, TEXAS OUT OF JULIA RUTH BROWER STEINHAGEN 2.390 AC - 2022023377 OPRJCT C. WILLIAMS LEAGUE, ABSTRACT NO. 59 JEFFERSON COUNTY,TEXAS SURVEYED: APRIL 5, 2023 N� Surveyors, LLC Commercfrr! - !»�Irrsn�al-lteshte»rlrr� 11025 Old Moth Rood — 8eaumonl, Texas 77713 Telophono (409) 838-6322 Fucslmlle 838-6122 www.occoss—surveyors.com 0 rpls516319ao1,com �fQ.Q�p45T$� bi,9� SGOTT N eRACKIN 13650•�.1.... C9 .RpF fg$Sp�P;�Q S[orrM. QRACKlN Fnf: 202.152AL FM9 Ab. 10136400 Trom(IAW. A.ti.LEA Rmsrmfo PnomsIGVAL LAND S7/RVEYOR NO. 6650 I 111111 I III II III S 2023031335 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § WATER LINE EASEMENT THAT, JULIA RUTH BROWER STEINHAGEN, 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, 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"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 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] • EXECUTED this .06 day of A),041u te/f / 2023. GRANTOR: Julia Ruth B� • • " nhagen By: Printed Name: E e 'nhagen III Title: Agent orney in Fact for Julia Brower Steinhagen ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the (-1" day of ik)(1)eN111. 2023, by E.Harvey Steinhagen III,Agent and Attorney-in-Fact for Julia Ruth Brower Steinhagen. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this Cc day of h7t . . , 2023. OM4L\ Notary Pu .c, State of Texas RETURN TO: City of Beaumont --— — — — — Antoinette Hardy-Engineering ,1L4 I ��.r DAWN VICTORIA HARRELL P. O.Box 3827 I °4 Notary ID#134232631 Beaumont, TX 77704 I )..,,v..r My Commission Expires 'For It' March 3, 2027 I „I, cress Commercial•Residential•Industrial Surveyors, LW Firm No.10136400 EXHIBIT 'A' FIELD NOTE DESCRIPTION 0.052 Acre Exclusive Waterline Easement C.Williams League Abstract No.59 Jefferson County,Texas BEING a 10'wide,0.052 acre(2262.78 square feet)Exclusive Waterline Easement,lying in the C.Williams League,Abstract Number 59,in Jefferson County,Texas and part of A 2.390 acre tract conveyed to Julia Ruth Brower Steinhagen by Executer's Deed recorded in Clerk File No. 2022023377, Official Public Records of Jefferson County, Texas, (OPRJCT), said 0.052 acres being more particularly described as follows: Note:All bearings are based on the Texas Coordinate System of 1983(NAD83), South Central Zone. BEGINNING at a point in the southwest line of a 20' Exclusive Sanitary Sewer Easement to the City of Beaumont recorded in Clerk File No. 2013006706,(OPRJCT)same being the southwest line of Lot 1,Block 1,Southwest Plaza,Section 1,recorded in Volume 9,Page 133,Map Records of Jefferson County,Texas,(MRJCT),and the northeasterly line of a 10'Sanitary Sewer Line and Pump Station Easement to the City of Beaumont recorded in Volume 1744, Page 357, Deed Records of Jefferson County,Texas (DRJCT) and the northeasterly line of said 2.390 acre tract from which a''A”rod found in the northwest right of way line of a public road known as Interstate Highway 10 South bears South 51°02'12"East,a distance of 10.13'; THENCE South 48°06'45"West,along the northwesterly line of said 10'Sanitary Sewer Line and Pump Station Easement for a distance of 164.63'to a point for corner; THENCE South 39°03'32"West,along the northwesterly line of said 10'Sanitary Sewer Line and Pump Station Easement for a distance of 62.32'to a point in the southwesterly line of said 2.390 acre tract,the westerly corner of said 10'Sanitary Sewer Line and Pump Station Easement and in the northeasterly line of a public roadway known as Holiday Square; THENCE North 51°02'56" West, along the southwesterly line of said 2.390 acre tract for a distance of 9.78'to a point for corner; THENCE North 38°51'25"East,crossing said 2.390 acre tract for a distance of 63.10'to a point for corner; THENCE North 48°06'45"East,crossing said 2.390 acre tract for a distance of 163.85'to a point for the northwest corner of said 20'Exclusive Sanitary Sewer Easement in the northeast line of said 2.390 acre tract and the southwest line of said Lot 1,Block 1; THENCE South 51°02'45"East, along the southwest line of said 20' Exclusive Sanitary Sewer Easement,the northeast line of said 2.390 acre tract and the southwest line of said Lot 1,Block 1 for a distance of 10.13' to the POINT AND PLACE OF BEGINNING, containing 0.052 acres (2262.78 square feet)of land,more or less. An easement plat(Exhibit'B')accompanies this description. OF Scott N.Brackin, LS 6650 ;•SCOTT N BRACKIN• • 0 6650 v r Access Surveyors 14oc,Fessly y0�q Pro ectNo.2023322 Sl1A April 05,2023 Page 1 of 1 11025 Old Voth Road,Beaumont,Texas 77713 Office:(409)838-6322 Fax:(409)838-6122 Email:rp1s5163@aol.com Web:www.access-surveyors.com File:2023322_STEINHAGEN ESMT EX A DESCRIPT1ON.Docx r VICINITY MAP EXHIBIT '3 ' NOT TO SCALE A EASEMENT PLAT co- � 96S 6 2ej9 IO WALDE �� ROAD •3 4 top(el, �\tip Q /�� 0 t� G�� v9,, ,:, Q • • • • • J 4-o• ,G'l II . . . . ' 40�',Q' 0' 30' 60' I INCH=30 FEET , LEGEND do/ �o�� c,' EXCLUSIVE WATER l� , ' • =POINT FOR CORNER LINE EASEMENT 10'WIDE l� t. o =FOUND 1/2"ROD ,,S5 0.052 AC \,tr'yq 2262.78 SQ.FT. / \P��43 �p0�a ��ti S k. �`���� �'`' o1Q�ti PO 0Q0�Q v'e / �,��, �� 'o y1 / ti 4,- gti0 b )`�' do �/ P,�.,/ yC ,.,ts QC,yyA NOTE: / / \�fc 2,. I.ALL BEARINGS 8 COORDINATES ARE �' GRID,BASED ON THE TEXAS °rfi J <"d•' COORDINATE SYSTEM OF 1983 / c" s (NAD83),SOUTH CENTRAL ZONE. / �O r4 ` � 2.AN EASEMENT DESCRIPTION ��(` ` (EXHIBIT'A')ACCOMPANIES THIS PLAT. 10.0 ` / 0 \J , LINE TABLE _0.��� LINE# DIRECTION LENGTH / /l O •0)�, LI S 51°02'12'E 10.13' iy � � ` AV L2 S 48°06'45'W 164.63' / y L3 S 39°03'32'W 62.32' / L4 N 51°02'56'W 9.78' / L5 N 38°51'25'E 63.10' is L6 N 48°06'45"E 163.85' O SQ /D L7 S 51°02'12'E 10.13' rQa RoL*.R�y PLAT SHOWING AN EXCLUSIVE WATER LINE EASEMENT TO THE CITY OF BEAUMONT, TEXAS OUT OF JULIA RUTH BROWER STEINHAGEN 2.390 Ac - 2022023377 OPRJCT C. WILLIAMS LEAGUE, ABSTRACT NO. 59 JEFFERSON COUNTY, TEXAS SURVEYED: APRIL 5, 2023 wNF cress � � OF IkQ',C tp\STE9ff 4 Surveyors, LLC A SCOTT N BRACKIN , Commercial-Industrial-Residential `v . t 11025 Old Voth Rood - Beaumont, Texas 77713 ,(';°qo 6650 aP.,,Q f Telephone (409) 838-6322 Facsimile 838-6122 9,Y•.FSB�Q.�yO i S S(jRN� www.access-surveyors.com § rp1s51630aol.com . SCOTT N. BRACKIN FAE:2023322AL Flan No.10130400 TECHNICIAN:A.N.LEA ' REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6650 9 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Roxanne Acosta-Hellberg, County Clerk Jefferson County,Texas November 08, 2023 11:59:00 AM FEE: $42.00 202303 335