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HomeMy WebLinkAboutRES 23-340 I1III1I1U1 lilt ill 11111 EAS 2023032686 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § WATER LINE EASEMENT THAT, KAREEM HAMDAN and HANAN HAMDAN, hereinafter called "GRANTORS", 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 "Peiniitted 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] ` `P 1\) EXECUTED this day of 0 , 2023. GRANTORS: By: t P e.c'i YI !1 p p L) Printed Name: Kareem Hamdan BY: lirAtletri in4vl1?G 7 Printed Name: Hanan Hamdan ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the gY day ofAellAikk.„, 2023, by Kareem Hamdan. ��,,,,�� � GIVEN UNDER MY HAND AND SEAL OF OFFICE,this J / y of A/MA t4t23. .PRv Pue BETTY CHEEK Notary i #on Expires September 15, 2025 Notary Public, State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the /64 day of /14,14414.. 2023, by Hanan Hamdan. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this )10 day ofilif,2023. ehdiW otary Public, State of Texas RETURN TO: Cityof Beaumont Antinette Hardy -Engineering BETTY CHEEK P. O. Box 3827 a� ^ Not aryID#6459361 Nr�� My Commission Expires Beaumont, TX 77704 Fcvt� September 15,2025 4. *AL- aim ARCENEAUX WILSON&COLE engineering I surveying I Planning EXHIBIT "A" EXCLUSIVE WATER LINE EASEMENT DESCRIPTION OF A 0.0842 ACRE (3,670 SQ. FT.)TRACT OF LAND IN THE DANIEL EASLEY SURVEY, ABSTRACT NO, 20 BEAUMONT, JEFFERSON COUNTY, TEXAS Being a 0.0842 acre (3,670 square feet) tract of land in the DANIEL EASLEY SURVEY, ABSTRACT No. 20, located in Jefferson County, Texas, and being out of that certain called "6.5107 Acres" tract of land of land designated as "Tract One", and described in that certain instrument to Kareem Hamdan, a single person and Hanan Hamdan, a married person, recorded under County Clerk's File No. 2021030520 of the Official Public Records of Jefferson County, Texas, said tract being more particularly described by metes and bounds as follows: FOR LOCATIVE PURPOSES, COMMENCING at a '/z inch steel rod with a "AW&C LLC" cap set in the north right-of-way line of Texas State Highway 105 marking the southwest corner of that certain tract of land called "0.53 Acres" described in that certain instrument to Jefferson County Drainage District No. 6 (DD6) recorded in Film Code No. 100-92-0737 in the Real Property Records of Jefferson County, the southeast corner of said "Tract One", said point having a Texas State Plane Coordinate value of North 13,990,597.01' and East 3,482,870.13'; THENCE along the north line of said Texas State Highway 105 and the south line of said "Tract One", South 87 degrees 18 minutes 37 seconds West (called "South 89 degrees 53 minutes 24 seconds West"), at 20.00 feet pass a 1/2 inch steel rod with a "AW&C LLC" cap set in the north right-of-way line of Texas State Highway 105 and in the south line of said "Tract One", and continuing along said course for a total distance of 25.87 feet to the southeast corner of the herein described tract and POINT OF BEGINNING; THENCE over and across said"Tract One", South 87 degrees 18 minutes 37 seconds West along and with the said north right-of-way line of Texas State Highway 105, the south line of said "Tract One", and the south line of the herein described tract of land, a distance of 10.00 feet to a point for corner marking the southwest corner of the herein described tract: THENCE North 02 degrees 41 minutes 21 seconds West along and with the most westerly line of the herein described tract for a distance of 9.26 feet to point for corner and angle point in the westerly line of the herein described tract; THENCE North 42 degrees 18 minutes 39 seconds East along the westerly line of the herein described tract for a distance of 22.78 feet to point for corner and angle point in the westerly line of the herein described tract; Page 1 of 4 409.724.7888 3120 Central Mall Drive Engineering Surveying Port Arthur,TX 77642 F-16194 10194049 awceng.com .., . 4 CONC .x. THENCE North 02 degrees 08 minutes 48 seconds West along and with the westerly line of the herein described tract for a distance of 334.98 feet to a 1/2 inch steel rod with a "AW&C LLC" cap set in the north line of said "Tract One" and marking the northwest corner of the herein described tract; THENCE North 87 degrees 17 minutes 12 seconds East (called "North 89 degrees 53 minutes 24 seconds East")along and with the north line of said "Tract One"and the north line of the herein described tract of land, for a total distance of 10.00 feet to a point marking the northeast corner of the herein described tract; THENCE South 02 degrees 08 minutes 48 seconds East along and with the most easterly line of the herein described tract, for a distance of 339.17 feet to a point for corner marking an angle point in the most easterly line of the herein described tract; THENCE South 42 degrees 18 minutes 39 seconds West along the easterly line of the herein described tract for a distance of 22.72 feet to point for corner and angle point in the easterly line of the herein described tract; THENCE South 02 degrees 41 minutes 21 seconds East along and with the easterly line of the herein described tract for a distance of 5.12 feet, returning back to the POINT OF BEGINNING and CONTAINING IN AREA 0.0842 acres (3,670 square feet) of land, more or less. NOTE: Boundary dimensions (including coordinates, bearings, distances, areas, and elevations)found in the field and indicated on the accompanying plat and herein are "Grid" dimensions (in U.S. survey feet) determined based upon Global Positioning System (GPS) surveying, using the Allterra Central Trimble, Real Time Kinetic(RTK)network, referenced to the North American Datum of 1983 (NAD 83),Texas State Plane Coordinates, South Central Zone (4204) (SPC TXSC), and the North American Vertical Datum of 1988 (NAVD 88) with Geoid Model 18. Convergence angle = 02°20'51.29952", Scale Factor = 0.999960061, Combined Factor=0.999962764 at the POINT OF BEGINNING,the southeast corner of the herein described tract of land. 4.9 F?'F ,.:��sTsq• -----7L) RONALD J.ARCENEAUX Ronald J Arceneaux `•Q 4572 yr Registered Professional Land Surveyor No.4572 e Qi ss1O?OQ cisti 1O/23/2O23 Date Q:\Engineering\Projects\HHB=010\Survey Plats\HHB-010-COB Esmt Dedication-FNDescription.docx Page 2 of 4 1 SURVEY LINES -----K HAMDAN&H.HAMDAN---- I ` LINE BEARING DISTANCE 15.2432 ACRES I 5 PHASE ONE 0S 871837"W 25.87' (CALLED TRACT IW0-15.244 ACRES) FUTURE 15'R.O.W. .VOLUME 17,PG 250) (CC FILE NO.2021030520) DEDICATION TO ODD e It' 0S 8718'3Y W 10.00' (0.2336 ACRES) mo 4 3 0N 02'4121"W 9.26' 1 . \\ I I— O N 42'1839'E 22.78' 7 T T T F •I BLOCK 0 0N Oz•09.4B'W 33+.98 I0 N 8717'12"E 10.00' III w0 S 02.08.48"E 339.17' 8O S 42'18'39'W 22.72' SCALE : 1"= 60' Q Q 9O S 02'41'21"E 5.12• K HAMDAN&H.HAMDAN---- _S J.C.D.D.NO.6 0.7055 AC I R.O.W. C 6.5102 ACRES I (C•GF.NO.2002044440) DEERFIELD (CALLED TRACT ONE-6.5107 ACRES) U 8 g ]O 11 12 13 14 (CC.FILE NO.2021030520) I Y/mil i\\ I (PHASEotSIX1) 1 1 J CITY OFBEAUMONT }-J.C.D.D.NO.6 I I - 0 10'IXCWS NE A ACRES \WATER LINE EASEMENT — ! 0.1655 AC R.O.W / (DEDICATION PENDING) / to VAQUERO DRI(/E r� s • I \ I I \\ // 95'R.O.W. _ I I I r I \\\ I EXHIBIT "B" SETS]r,T STARS TA `C� PAGE 3 OF 4 — OF A V LI 1 V 1 L� �D. R I w 715.7 BLOCK p 10' EXCLUSIVE WATER LINE EASEMENT cPIIASE ONE I 7 6 5 4 OUT OF (UNDER CONSTRUCTION) J.C.D.D.NO. 6 THE DANIEL EA.SLEY SURVEY ABS 20 PLAT RECORDING PENDING) 60'R.O.W. LOCATED IN 0.53 ACRES I BEAUMONT, JEFFERSON COUNTY, TEXAS - (FILM CODE 100-92-I 737) 1-26'FENCE LINE SETBACK / PREPARED BY: I I I go \ I I . I 3 'V� - i\ CIVIC 10= 10' ARCENEAUX WILSON&COLE POINT OF COMM77JCEMFM 3I2D Cenral Mall Drive CITY OF BEAUMONT / �• 1//2'IRON ROD//CAP IX 10'SANITARY SEWEN ESMT Port Ar[Mrt.Teva57764Y YEJlhS PLANE GbORDINATE / ..F]' J ; TBPE Firm No.F16194 POINT OF BEGINNING (C.C.F.NO.98-9844519) f�, Y 3,482, 70.I3''NORTHTBPLS Firm No.10194049 X=J 482,870.13'EAST kV;-4'�G\STEq�.. STATE HIGHWAY 105 — — — — Q °' THEREBY cIINRFY THAT,TO THE BEST OF MY KNOWLEDGE AND BELIEF THAT THIS • RONALD J.ARCENEAUX' IS A TRUE AND ACCURATE PLAT OF A 0.0827 ACRE TRACT OF LAND IN THE DANIEL :.0 4572 ' EASLEY SURVEY,ABSTRACT NO.20,IN JEFFERSON COUNTY,TEXAS,AND PREPARED (''.9� .F44.' BASED ON THE RESULTS OF A SURVEY PERFORMED UNDER MY SUPERVISION. • 10/23/2023 R�ARCEN X,R.P.LS.NO.4572 DATE urvN� I; 1 PERL J ROAD L/J of 1� SPURLOCK ROAD , D10047B_. D1004-A �_ -c FriO APTS J ar--:: DE I D LEGACY \ WINDEMERES_ l CHADEMY � ADDN ¢ RIIIttc j �l STATE ' HH,�, of LUMBER Q \ 105 -Llif TOLNAR ROAD _ lli ±iEFL[! J SITE LOCATION i 8500 BLOCK 7-! STATE HWY 105 0l I _.,01000-A ..____) SITE LOCATION MAP NTS 10 ' EXCLUSIVE WATER LINE EASEMENT DEDICATION TO THE CITY OF BEAUMONT, TEXAS EXHIBIT "C" PAGE 4 OF 4 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Roxanne Acosta-Hellberg, County Clerk Jefferson County,Texas November 22, 2023 11:29:33 AM FEE: $50.00 2023032686