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Home My WebLink AboutRES 24-096 I Iflhl 1111 liii I I EASS 2324013830 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § LIFT STATION EASEMENT THAT, KELLEY PROPERTY MANAGEMENT, LLC, a limited liability company, 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 "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. Grantee shall repair the Easement Area and Grantor's adjacent property to the condition it was in prior to Grantee's use of, ingress to, and egress from the Easement Area. 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 1 day of Ho,A1 , 20 Z4 GRANTOR: Kelley Property Management, LLC By: Printe Nine: �� 1 1/ � .� s L� � Title: rers, cvv-F ACKNOWLEDGMENT • • STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the in day of Vail�( , 20�,1 by TSO AL5 V-QA �t� , Prrs40keni- , of Kelley Property Management, LLC. vl 1 �.1"• Sydney Caroline 8oudoin O My Commission Expires 9l3/2025 • o 333173E ► Not Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O.Box 3827 Beaumont,TX 77704 EXHIBIT "A" Legal Description: 0.0788 Acre Lift Station Easement Noah Tevis Survey,Abstract No. 52 Beaumont,Jefferson County,Texas BEING a 0.0788 acre lift station easement situated in the Noah Tevis Survey, Abstract No. 52, Jefferson County, Texas and being out of and part of that certain called 2.32 acre tract of land, identified as TRACT 2, as described in a "Warranty Deed with Vendor's Lien" from Sampson Steel Corp. to Kelley Property Investment LLC as recorded in Clerk's File No. 2021025463, Official Public Records of Real Property, Jefferson County, Texas, said 0.0788 acre easement being more particularly described as follows: NOTE: All bearings are referenced to the North line of the said 2.32 acre Kelley Property Investment LLC tract as NORTH 86°04'14"EAST as recorded in Clerk's File No. 2021025463, Official Public Records of Real Property, Jefferson County, Texas. All set 5/8"iron rods set with caps stamped "MW. Whiteley&Associates". COMMENCING at a railroad spike found for the Northeast corner of the said 2.32 acre Kelley Property Investment LLC tract, the same being the intersection of the South right-of-way line of Cedar Street and the West right-of-way line South 4th Street; THENCE SOUTH 86°04'14" WEST, along and with the North line of the said 2.32 acre Kelley Property Investment LLC tract and the South right-of-way line of Cedar Street, for a distance of 15.00 feet to a 5/8" iron rod set for the Northeast corner and the POINT OF BEGINNING of the easement herein described,said corner also being the Northwest corner of that certain 15 feet wide drainage easement as described in a deed from The Enterprise Company to the City of Beaumont as recorded in Volume 1691,Page 465,Deed Records,Jefferson County, Texas; THENCE SOUTH 03°20'48" EAST, along and with the West line of the said 15 feet wide City of Beaumont drainage easement and 15 feet parallel to the West right-of-way line of South 4th Street and the East line of the said 2.32 acre Kelley Property Investment LLC tract,for a distance of 221.82 feet to a 5/8" iron rod set for corner, said corner being in the Northwesterly line of that certain drainage easement as described in a deed from The Enterprise Company to the City of Beaumont as recorded in Volume 1453,Page 84,Deed Records, Jefferson County, Texas; THENCE SOUTH 43°01'04" WEST, along and with the boundary between the easement herein described and the Northwesterly line of the said City of Beaumont drainage easement as recorded in Volume 1453, Page 84,Deed Records,Jefferson County, Texas, for a distance of 20.73 feet to a 5/8" iron rod set for corner; THENCE NORTH 03°20'48" WEST, 15 feet perpendicular and parallel to the East line of the easement herein described,for a distance of 235.97 feet to a 5/8"iron rod set for corner,said corner being in the North line of the said 2.32 acre Kelley Property Investment LLC tract and the South right-of-way line of Cedar Street and said corner bears NORTH 86°04'14" EAST a distance of 369.72 feet from a scribed "X" in concrete found for the Northwest corner of the said 2.32 acre Kelley Property Investment LLC tract; EXHIBIT"A" Pane 1 of 2 MARK W. WHITELEY&ASSOCIATES,INC THENCE NORTH 86°04'14" EAST, along and with the North line of the said 2.32 acre Kelley Property Investment LLC tract and the South right-of-way line of Cedar Street, for a distance of 15.00 feet to the POINT OF BEGINNING and containing 0.0788 Acres, more or less. Surveyed on December 27,2021. This legal description is being submitted along with a plat based on this surve (see HIBIT "B"). la- Thomas S. owe, RPLS No. 5728 •. THOMAS S.ROWE Texas Surveying Firm No.: 10106700 9 5728 �P W:\2021\21-2221\21-2221m&b.docx l9NO.S U RV ,i(jQ EXHIBIT"A" Page 2 of 2 MARK W. WHITELEY&ASSOCIATES,INC 4 CEDAR STREET POB POC REFERENCE BEARING PER CF NO. 2021025463, OPRJC SETI.5/8ROD" (CALL N86'04'14"E 399.70') L3 L1 FND N86'04'14"E 399.72' EXHIBIT"B" o_ FND V' SET 5/8" RAILROAD REFER TO EXHIBIT "A" ILI FND. SCRIBED FND N86'04'14"E 369.72' I. ROD SPIKE FOR LEGAL DESCRIPTION "X" IN CONC. CO 15.00 FND 0.0788 ACRE LINE BEARING DISTANCE LIFT STATION L1 S86'04'14"W 15.00' EASEMENT L2 S43'01'04"W 20.73' , L3 N86'04'14"E 15.00' N 00 I— ILI ui ui N w N W fI- �� J '° " NI 0 Tr csi Tr ABS1 R p N c H M t/) n 0 Z ca Z 0 CALLED 2.32 ACRES z 11' "TRACT 2" U. KELLEY PROPERTY INVESTMENT LLC CF NO. 2021025463 OPRJC 15' WIDE DRAINAGE EASEMENT CITY OF BEAUMONT VOL. 1 691, PG. 465 DRJC SET 5/8" SET 5/8" I. ROD � I. ROD Ile DRAINAGE EASEMENT I 0' 20' 40' 80' CITY OF BEAUMONTilmim VOL. 1453, PG. 84 DRJC Scale: 1"=40' / I/ FND 1/2" I. ROD EXHIBIT OF MISSOURI PACIFIC RAILROAD W/CAP STAMPED 0.0788 ACRE "FAUST" LIFT STATION EASEMENT TO THE OWNERS OF THE PREMISES SURVEYED NOAH TEVIS SURVEY AS OF THE DATE OF THE SURVEY: ABSTRACT NO. 52 I, THOMAS 5_ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY BEAUMONT MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED JEFFERSON COUNTY, TEXAS HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE DR BY:KLK CK BY:TSR APP BY:1SR SURVEY. VER: ACAD 2019 SCALE: SHEET No.: DATE_JAN.12,eon 1"=40' 1 OF 1 DATE SURVEYED: DECEMBER 27, 2021 ' FILE: JOB NO. .s . OF TF W:\2021\21 —2221 21—222' /' ! V . �R9 F:s k` . l "."// Ill / ....: THOMAS S.ROWE • b. 'I MWA _de/ •••0 5728 MARK WHITIELLEpY&ASSOCIATES LLC ` �90 �aP`• ,� avt.elRV>En �OPPHJE�tNCEE TEXAS 8U NG FlRM 10106700 THO '- . ROWE REGISTERED PROFESSI C L ` + No. 5728 TEXAS ENGINEERING FIRM NO.F-2633 S U EIN 3261 EASTEX FWY,BEAUMONT,TEXAS 77 • FILED AND RECORDED OFFICIAL PUBLIC RECORDS Roxanne Acosta-Hellberg,Count/Clerk Jefferson County,Texas May 23, 2024 11:49:30 AI\I FEE: $45.00 2024013830