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Home My WebLink AboutRES 23-359 1111111111 liii III 9 pgsAGT 2023033847 BOUNDARY LINE AGREEMENT I-PARTIES This Boundary Line Agreement(herein,the"Agreement") is made and entered into by and between the City of Beaumont with a mailing address of P.O.Box 3827,Beaumont,Texas 77704 and Beaumont Country Club located at 5355 Pine Street,Beaumont, Texas 77703, each a party collectively referred to herein as the "Parties"on Say of October,2023. II-BOUNDARY LINE The property in question is located on Pine Street in the City of Beaumont, Texas. The boundary line between the two properties is more particularly described in Exhibit "A & B", attached and made a part hereof for all purposes (the "Property"). Any structures or improvements located on or near the boundary line, including fences, walls or other structures, shall be considered part of the boundary line and shall be maintained by the respective Parties by this Agreement. III-MAINTENANCE OF BOUNDARY LINE The Parties shall be responsible for maintaining their respective properties in such a way as to not encroach upon the other party's property. This includes, but is not limited to, fences, structures, and landscaping. The Parties shall also be responsible for ensuring that any construction or alterations to their respective properties do not cross the agreed-upon boundary line. IV-DISPUTE RESOLUTION In the event of a dispute regarding the boundary line or any other matter related to this Agreement,the Parties shall first attempt to resolve the dispute through mediation. If the dispute cannot be resolved through mediation,the Parties may seek resolution through binding arbitration or a court of competent jurisdiction; nothing in this section is intended to waive either Party's right to a trial by jury. V-TERMINATION OF AGREEMENT This Agreement shall remain in effect until terminated by either Party upon written notice to the other Party. VI- GOVERNING LAW This Agreement shall be governed by and construed by the laws of the State of Texas. VII-ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Parties and supersedes any prior agreements or understandings,whether written or oral. IN WITNESS WHEREOF, the parties have indicated their agreement to be bound by the terms and conditions of this Agreement by affixing their signatures below on the dates indicated. CITY OF BEAUMONT: 12_6--2 3' Kenneth R. Williams Date Title: City Manager B ONT CO NTRY CLUB: it)/3/43 on Shaver Date Title: President [INTENTIONALLY LEFT BLANK] ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the V" day of D.t tt.y4vw , 2023,by Kenneth R. Williams, City Manager for City of Beaumont, a municipal corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this /4*' day of W.,.. , 2023. I �,�r rya SONDRA DAMS Srtaiba0 6 ' i�`n Notary ID#1 2 51 1 5 240 4}'7/.0+ My Commission Expires ''! cf'• April 3, 2027 Notary Public, State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the 3 day of CX iZD n•? , 2023,by Don Shaver,President for Beaumont Country Club, a Texas corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this 3l day oftC.i023. 001 u m►►% �..•PY PVe•�� '� 2 �N�ta ublic, State of Texas RETURN TO: City of Be nfnont Antoinette,Hardy-Engineering P. O.Box 3827, Beaumont,TX 77704. EXHIBIT "A" Legal Description: Boundary Line Agreement Beaumont Country Club and City of Beaumont Hezekiah Williams,Jr. Survey,Abstract No. 57 Beaumont,Jefferson County,Texas BEING a boundary line agreement between the Beaumont Country Club and the City of Beaumont, said boundary line being the boundary between the Southeasterly line of the remainder of that certain called 10 acre tract of land as described in a deed from Ella C.Call and C.B. Shepard to Beaumont Country Club as recorded in Volume 95,Page 292,Deed Records,Jefferson County, Texas, the Southeasterly line of that certain called 60.89 acre tract of land as described in a deed from Mrs. N.R. Adcock and husband, R.L. Adcock to Beaumont Country Club as recorded in Volume 99,Page 80, Deed Records, Jefferson County, Texas and the Northwesterly right-of-way line of Pine Street (formerly known as Colliers Ferry Road), said boundary line being more particularly described as follows: NOTE: All bearings are referenced to the Texas State Plane Coordinate System South Central Zone NAD83(2011). All distances are surface. All coordinates are grid. All set 5/8"iron rods set with caps stamped"WHITELEY". BEGINNING at a 5/8" iron rod set for the most Southerly corner of the boundary line herein described,said corner also being the most Southeast corner of remainder the of the said 60.89 acre Beaumont Country Club tract and the Northeast corner of that certain called 2.011 acre tract, save and except a 1.368 acre tract,as described in a"General Warranty Deed" from Jeffrey L. Allen to Beaumont Country Club,Inc.as recorded in Clerk's File No.2005018185,Official Public Records of Real Property, Jefferson County, Texas and from said corner a 5/8" iron rod found for the Southeast corner of the remainder of the said 2.011 acre Beaumont Country Club, Inc.tract bears SOUTH 15°51'04" WEST a distance of 132.10 feet and from said corner an angle iron found for the Northwest corner of that certain called 1.368 acre tract of land as described in a "General Warranty Deed" from Jeffrey L.Allen to Beaumont Country Club as recorded in Clerk's File No. 2004028595, Official Public Records of Real Property, Jefferson County, Texas bears SOUTH 85°57'46" WEST a distance of 731.19 feet and said corner having coordinates of N: 13,990,832.82 feet,E: 3,517,382.01 feet; THENCE NORTH 15°51'04"EAST,along and with the boundary between the Southeasterly line of the Beaumont Country Club and the Northwesterly right-of-way line of Pine Street, for a distance of 533.12 feet to a 5/8" iron rod set for corner; THENCE NORTH 37°50'43" EAST, continuing along and with the boundary between the Southeasterly line of the Beaumont Country Club and the Northwesterly right-of-way line of Pine Street,for a distance of 216.24 feet to a 5/8" iron rod set for corner; EXHIBIT"A" Page 1 of 2 WHITELEY INFRASTRUCTURE GROUP THENCE NORTH 44°08'46" EAST, continuing along and with the boundary between the Southeasterly line of the Beaumont Country Club and the Northwesterly right-of-way line of Pine Street,for a distance of 157.32 feet to a 5/8" iron rod set for corner; THENCE NORTH 52°47'57" EAST, continuing along and with the boundary between the Southeasterly line of the Beaumont Country Club and the Northwesterly right-of-way line of Pine Street,for a distance of 84.79 feet to a 5/8" iron rod set for corner; THENCE NORTH 52°20'57" EAST, continuing along and with the boundary between the Southeasterly line of the Beaumont Country Club and the Northwesterly right-of-way line of Pine Street, for a distance of 111.14 feet to a chain link fence post found for corner, said corner being the most Easterly corner of that certain called 225 square feet sanitary sewer lift station easement as described in a deed from Beaumont Country Club, Inc.to the City of Beaumont as recorded in Volume 1373,Page 247,Deed Records,Jefferson County, Texas; THENCE NORTH 57°13'15" EAST, continuing along and with the boundary between the Southeasterly line of the Beaumont Country Club and the Northwesterly right-of-way line of Pine Street,for a distance of 79.05 feet to a 5/8" iron rod set for corner; THENCE NORTH 58°57'12" EAST, continuing along and with the boundary between the Southeasterly line of the Beaumont Country Club and the Northwesterly right-of-way line of Pine Street,for a distance of 138.59 feet to a 5/8" iron rod set for corner; THENCE NORTH 50°21'50" EAST, continuing along and with the boundary between the Southeasterly line of the Beaumont Country Club and the Northwesterly right-of-way line of Pine Street,for a distance of 123.26 feet to a 5/8" iron rod set for corner; THENCE NORTH 46°47'39" EAST, continuing along and with the boundary between the Southeasterly line of the Beaumont Country Club and the Northwesterly right-of-way line of Pine Street,for a distance of 53.13 feet to the POINT OF TERMINATION on the Southwesterly bank of the Neches River. Surveyed on September 12,2023. This legal description is being submitted along with a plat based on this survey(see EXHI: T "B"). 5�P T '•0%SF9ti;9� THOMAS S.ROWE I. ... 0 5728 P•' "e c% \ i9 AS Thomas S. R.we, RPLS No. 5728 �,�F s s�o 0•SURVf Texas Surveying Firm No.: 10106700 ' W:\2O23\23-055\23-055mgb.docx EXHIBIT"A" Page 2 of 2 WHITELEY INFRASTRUCTURE GROUP ; , TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: '' 15p26'W „ 10 I, THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY \AO- 31 ALE 1 MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED `CP1yN2g� 11�� SG HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE 010 0..0- `' FND ANGLE IRON SURVEY. DATE SURVEYED: SEPTEMBER 12, 2023 1,S OF T ,•- c, 5� G�STFq�gs FND 1" �n�r '�Q �•', I. PIPE y y� p a� �f�-- THOMAS r 40 o$ o St) ».?9 5728 Q: N�� 1p►MS 51 �A:..........Ess Q L'T /o Pk"W,`C[ t11®e THOMAS S.. .)OWE - REGISTERED PROFESSIONAL Ho. 5728 0,�� NE E AAS1 air ; /. n �f,, .r / N �,o �a+$e CALLED 60.89 ACRES / _ �, ....3 BEAUMONT COUNTRY CLUB / N N o c^yr. '. VOL. 99, PG. 80 / W 4 0GU> > DRJC Z J Li#469,��n�n d�. Q EXHIBIT "B" s 13 REFER TO EXHIBIT "A" ,. c�c^ O/ REMAINDER OF FOR LEGAL DESCRIPTION crate r U' ,r\� CALLED 10 ACRES G BEAUMONT COUNTRY CLUB � LINE AGREEMENT 114, / VOL. 9DRJC 292 BOUNDARY BEAUMONT COUNTRY CLUB x, N �/ in AND CITY OF BEAUMONT ".1 °' / 60 . a HEZEKIAH WILLIAMS,JR.SURVEY ro s 5/8" ;, re) / - SET 5 8 FND -- / ABSTRACT NO.57 I. ROD --------- .. "_.._.._�-�_- �___-_-_ . ROD BEAUMONT FND S15'51'04"W 1.411%,,48JEFFERSON COUNTY,TEXAS 132.10' FND N1 51e04"E 533.12' �:KUC CK BY:TSR PPP ET: (CALL S18'16'38"W "OB VER: AC AD 2022 SCALE -- SHEET No.: PINE STREET 131.60') SET 5/s" DATE FT.19.2923 1'=140' 1 of 3 (FORMERLY COLLIERS FERRY ROAD) I. ROD FILE: \23-055 PINE STREET ROW JOB NO. ,r3 N=13,990,832.82 . o E= 3,517,382.01 I A WHITELEY N INFRASTRUCTURE GROUP d Teo Engineering Firm No.F-2633 Z Teaea Surveying Firm No.10105700 -, LoulaWne Surveying Firm No.VF0000674 J -- r55 Lengham Road,S14,Beaumont,Teo TT707 409.892-0421i www.whileleylnhe.com — . " - -... -"1,+r-: , ".„ . 60. w SGPA ,. :.*",, "',.., ‘ ik,N„4,.. .. -0- ".". .s.$7 . _ w t �,IQ-G\ O I G..> ° v; N SET 5/8" 1.. 4`' W ROD REMAINDER OF ' `� Z -� CALLED 10 ACREi .._ BEAUMONT COUNTRYLUB ' = VOL. 95, PG. 292 JAW, , 77g/ DRJC I- �H ' � CALLED 60.89),ACRES o A. , ■t BEAUMONT COUNTRYLUB �„� 3 VOL. 99, PG. 8 21s.z4, 34is o SET 5/8" "' t: DRJC ' W I. ROD CA _ „ ; ;' .' .• • 'N PLO % V _ (FORM4Rp'N0 ys •a?. ire SET s 8" 2 EXHIBIT "B.."A" E` / REFER TO EXHIBIT K"s ;'.• - c00��F rib I. ROD FOR LEGAL DESCRIPTION FRRy Il?`► " :ale . BOUNDARY LINE AGREEMENT 4 /9%� �+4' I BEAUMONT COUNTRY CLUB SET 5/18' "I AND CITY OF BEAUMONT TO THE OWNERS OF THE PREMISES SURVEYED > 8. I. ROD'. `� HEZEKIAH WILLIAMS,JR. AS OF THE DATE OF THE SURVEY: �l► SURVEY I, THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY ABSTRACT NO. 57 MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY GALLY DESCRIBED • BEAUMONT HEREON AND CORRECTLY REPRESENTS THE FACTS FO TIME OF THE . ':K " JEFFERSON COUNTY,TEXAS SURVEY. PEE OF re .a •••• •�' - Y " ,. }:, - OR Bri1QK CK BY:MR MI>ey:15R DATE SURVEYED: SEPTEMBER 12, 2023 %/' S Q G�S T F9Fo�' �\ tk SHEET No,: • w i f 1 a�SEPT.IS,2023 1"=60' 2 OF 3 ", ..«.. 'L FILE JON NO. '•• THOMAS S.ROWE ' W:\2023\23-055 PINE SINttl ROW 23-055 in 90 5728 �, w WHITELEY �s .� r INFRASTRUCTURE GROUP o• A9ND SURVe',lee. Texas Engineering Firm No.F•2633 Z . THOMAS S. R•' E — REGISTERED PROFESSIONAL LANi OR No. 5728 a55Lan0:n,Texas Surveying Firm No 10106700 R:e,l;erUmo xT::°°;r7O J 400•E02•04211 wwwwlrltdeylnlra.com 4- 225 SO. FT LIFT STATION EASEMENT ��1..'60. CITY OF BEAUMONT SG P CF NO. 2022017607 OPRJC SET 5/8" -I. ROD 225 SQ. FT irk SANITARY SEWER LIFT,STATION EASEMENT N CITY OF BEAUMONT W -0� VOL. 1373, PG. 247 DRJC 2 7fn •7 OS FND CHAIN LINK W 4• �•• FENCE POST Z F FOR CORNER J �yQ CALLED 60.89 ACRES BEAUMONT COUNTRY CLUB V �ys►� VOL. 99, PG. 80 Q ��, SET 5/8" DRJC rote. I. ROD • io �'F,p4 led.CIO EXHIBIT .rBr. ,(' 'i,, 7 REFER TO EXHIBIT "A" �, `�� •� FOR LEGAL DESCRIPTION �� 'ids SET 5/8" r 40 •S 1. ROD BOUNDARY LINE AGREEMENT -To J `9• BEAUMONT COUNTRY CLUB A' AND CITY OF BEAUMONT TO THE OWNERS OF THE PREMISES SURVEYED �O� HEZEKIAH WILLIAMS,JR. AS OF THE DATE OF THE SURVEY: D� SURVEY I, THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY �t�► ABSTRACT NO. 57 MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED 0'► HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE �4 �7 SET 5/8" BEAUMONT SURVEY. Oili I. ROD JEFFERSON COUNTY, TEXAS DATE SURVEYED: SEPTEMBER 12, 2023 **C OF 7.- a 546� • \ OR VY:KIX ac HY:TSR BY:TSR ��?;•GXsTFq•.9J, ;3 SHEET No.: �,•• , 3• 39. OATS avr.IA 2021 1'=60' 3 OF 3 -,... Q • V FILE JOB NO. /� �i W:\2023\23-055 PINE STREET ROW 23-055 uu, iii, ) •�A DMASS.ROWEr, 44 WHITELEYIn I CNI `, ; 9 5728 �Q.. / POT vs INFRASTRUCTURE GROUP a lat;;;/ �` !••. S+S� �:•A / CALCULATED Texas Engineering Firm No.F-260.7 Z Texas Surveying Firm No.10108700 \► • - CORNER Z LoulHane Surveying Firm No.VFOOOOE74 J THOMAS S. `OWE — REGISTERED PROFESSIO kI•` >> No. 5728 BSS Langham Roea HL Beaumont Teas 77707 R. - 409-C921U21[www.whI a yinfra.com la- FILED AND RECORDED OFFICIAL PUBLIC RECORDS Roxanne Acosta-Hellberg, County Clerk Jefferson County, Texas December 07, 2023 11:07:51 AM FEE: $54.00 2023033847