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HomeMy WebLinkAboutRES 24-230RESOLUTION NO. 24-230 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Waukesha -Pearce Industries, LLC, has agreed to convey a ten (10') foot wide Exclusive Water Line Easement to the City of Beaumont, said easement being a 0.039-acre tract situated in the John A. Veatch Survey, Abstract No. 55, as described in Exhibit "A," and attached hereto, to the City of Beaumont for a new building located at 1315 West Cardinal Drive; 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 Waukesha -Pearce Industries, LLC, Inc., 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 Govermnent Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City October, 2024. Beaumont this the 1st day of - Mayor Roy West - STATE OF TEXAS § § KNOW ALL MEN BY TRESE PRESENTS; COUNTY OF JEFFERSON § WATER LINE EASE' ME, NT THAT, WAUICESHA-PEARCL INDUSTRIES, LLC, a Texas limited liability company, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND N01100 DOLLAR ($1A0), 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 "GRANTED", 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, as perpetual, exclusive, water line easement (the "Easement") to construot, alter, and maintain waterlines and related appurtenances on the hereinafter described lands which said easement is urrrder,.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", attached and mado a part hereof for all puuiaoses (the "Easement Area"). The Basomont herein grAuted shall be used for the purpose of plachig, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water limas and related appurtenances in. the Easement Area, and, it is expressly widerstood 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 hindox the business operations on the Grantor's adjacent property and/or Grantors ingress and egress thereto, Grantor reserves the right to continue to usa and enjoy the surface of tho Basement ,Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by I Grantee for the purposes provided heroin, including but not kinaited to the right to place surfacing materials over and across the Easement Area and to use the saute for parking areas, driveways, walkways or sidewalks, landscaping and/or lighting, provided, however, ho permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Cranteo shall not be responsible for tiro repair and replacement of tiny improvements placed by Grantor within the Easomnent Area and the saute shall be repaired and maintained by Grantor, at Crrantor's sole cost and expense. The conveyance of the Easement: gutnted heroin Is tirade by Grantor grad 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 ' Perrttitted Exceptions"). This Easement way be amended or terminated only by the written consent of the parties hucto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and riglat-of way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not othorwiso, subject to the Permitted Bxceptions, f tgnatul e Page Follows] EXECUTED this li4j.day of Sje�Lap > 2024. GRANTOR: WAUICESIIA,,P%AR�INDUSTRIES, LLC a Texas 1i1pif6)1ipbijlt),Agklpany By: ��i'rin , Na le; er Sllaf'fer Title: Viec Pr dent and CFO ACKNOWLEDGMENT STATIF, OF TPXAS fi COUNTY OF k1ARIUS § This instrument was acknowledged before me on this (lie 17 lay of 3LlAtiv,1��� , 2024, by Robert Shaffer, as Vice Presideltt and CFO of WatilCCSha-Pearce Industries, LIX, a Texas limited liability company, on behalf of said company. 2024, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this LI-kAzclay of E GHISELDA GIL NotaqPublic, State of Taxa© Comm. Explros 07-00.2027 Notary ID 2114617 RETURN TO: Cityiy of Beaumont Anlolnette Hti dy - Rngincering 11. O. Box 3827 Beaumont, TX 77704 Notary Public, State of Texas Fittz & Shipman an Consull)ttg Ruglneers and Land Surveyors Ronald D. Fitt:, P.E., R P.L.s. (1948-1987) Daniel X Dotson, P.E., President Terry G, Shipman, P,E.� Sertlor Consultant Donald R. King, P.C., Vice President eernardina D. Tristan, P.C., Chlaf Exeeulivu afFlcer )allies E. Douglas, R,P.L.S, EXMIT "A'l PAGE I OF z CENTERLnNE, DESCRIPTION FOR A 10' WXDE EXCLUSIVE WATER LIlC, tASI-,MENT ACROSS W.AMCESRA-PEA.RCL+" INDIU,STME8, LLC TRACT + FFERSON COUNTY, TEXAS All bearings and coordinates indicated hereon are based on Texas Coordinate System Values Texas South Central Zono 4204 (NAD 83) Field Note Description: September 6, 2024 BEING a 10' Wide Waterline Easornent (0.039 ARCES) lying in the ,TORN A, VEATCH SURVEY, Abstract No.*55 in Jefferson County, Texas, being out of and a part of a called 6.492 acre tract referenced in an instrument to Waukesha -Pearce Industtics, LLC of record in County Clerk's File No, 2023013534 of the Official Public Records of Jefferson County, Texas, said Centerline being more particularly described as follows; COMMENCING at a 518" Iron Rod Found (Bent) marking the later -section of the Southwest Right -of -Way line of Avenue A (Public It.,O,W.) and the South Right -of -Way line of West Cardinal Drive (Public R.O.W.), an angle point on the North line of said 6,492 acre tract, )Laving Texas Coordinate Systems values ofN; 13,955,089.34' and E; 3,521,699.56'; ' THENCE N 741118'1711 W along and with the South Right -of -Way line of West Cardinal Drive, the North line of said M92 acre tract passing a Capped Iron Rod "MUTELEY" Found at 61.84 feet and continue for a total distance of 196.50 feet to the POINT Or UEGINNMG of the said 10' Wide Exclusive Waterline Easement, having Texas Coordinate Systems values of M 13,955,142.49' and E: 3,521,510.39', from which it 1/2" Iron Rod Found hears N 7411.8'17" 186,77'; THE, 81403214111 W over and across said 6.492 acre tract, along and witlr the Centorline of the Centerline of the 10' wide exolusive Waterline ERsement for a distance of 142.91 pass a point for the POINT OF BEGINNING of a TAP ftoin which the POINT OF TERARNATION of said Tap bears S 75"37'54" E 19.64 feet, and continuing a total distance of 154,72 marking the POINT AND PLACE OF TURKMATION, leaving Texas Coordinrite Systems values ofN, 13,954,992.73' and E: 3,521,47153'; Plat of even date accompanies this 'Field Note Description, Job Igo. 24114 1405 Cornerstone Court - Beaumont; Texas 77706 - (409) 832-7238 • Fax (409) 032-7303 Texos ivoord of Frotesstonal Engineers FM No. 7 760 • Texas Voard o(f'rofcssional Land Surveyors Flan No. 100186 E EXHIBIT 'A" PAGE 2 OF 7. d4c4t l#11V /z�l,. 1�/1�= /s111-(�`111119 IV P tIA101- li ;, 0 15 330 C A . £ 1/2" IRON ROD FOUND N74°1a17„w WEST CARDINAL DRIVE n N74`l8'17"W 160.77' 196.60, n � (PU611t R,U,iv,) ra. v,r�. � 1 IJ;13,955,142.49' (:; 3,521,510,39' C•Cs' p,P•R'1' s- `e 10' W DE EXCLUSIVE WATERLINE EASEMENT (0.039 ACRES) (174.36' LINEAR FEET) i� 1 COF P.O. T N:13,954,992.73' E; 3 521 471.53' x c u��1�i1 FLVR,iA _ -- --' 00 t _, f, t.C`CATiS1a"F .1,, -------------- S 76W'64"E 10, 6'4, CAPPCD IRON ROD "WHITELEY' c'L�, FOUND C. ott� tp 5/8 IRON ROD FOUND (BENI) N:13,f155, 089.34' Et 3,521,699,55' Notes: 1, This survey wos cornploted and this prat was prepared without the benefit of a Title Commitmant, 2. All beorings and coordirtutes indicated hereon are based on Texas Coordinate System Values — Texas Soufh Central Zane 4204, NAU U3. 3, According to FFMA's Flood insurance l,.lals Pogo/ Nualbet 481990 0150 r doled 101001P010, the subject area appears to be facotad In Fload 7,one "X", Flood Tone location Is based an inlagary only and the stlrvoyor does not subsorlhe to the accuracy of said location. 4. Field Note Oescription of even date acrornpanfas this survey plat. James Evan &9!9.: ...0... a A 7072 �- 4 41 S �a ..,.,,.•'� �O i, domes Ebon Douglas, Texas Ragfstered Profosslonal land Surveyor No. 7072, do hereby certify that a survey was trade on the ground under my supervislon of the property legally described hereon. j Survey tinted: September G, 2024. I James Evan Douglas tReglslored Profeaalonai Land Survoynr No, 7072 Y _ . FRU&Shipman a� Wateriae Easenl�ac-3Lit starv�:y IN G. PROJECT NAME Waukeshe-Pearce Industries o ConrtlftWnerrsandLaridSurmwri 1316Westcard1nalDdv6 a 1465 CORNERSTONE COURT, BEAUMONT, TFXA$ rionumont, Tms 77705 bPli (409) 02-7236 FAX (409) 632.7363 T RY.E. FIRM 01160 0 1.X.1.,S. 1:11W fi106166 O COPYRIGI f 424 FIF178 SKIPMAN, INC. DATE.- Sep 06, 2024 Drown By: OTG PROJECT NO. 24114.0000 STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: WATERLINE' EASEMENT THAT, WAUKESHA-PEARCE INDUSTRIES, LLC, a Texas limited liability company, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND N0/100 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, 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", attached and made a part hereof for all purposes (the `Basement 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, landscaping and/or lighting; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be r 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 casement 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 , 2024. GRANTOR: WAUKEn�WiAR INDUSTRIES, LLC a Texas li e z0 ty Wpany By: Prin Na e: er Shaffer' Title: Vice Pr dent and CFO ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this the fl40ay of m bt.,v-, 2024, by Robert Shaffer, as Vice President and CFO of Waukesha -Pearce Industries, LLC, a Texas limited liability company, on behalf of said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this !lk�day of pumUt , 2024. 0"" Ito � GRiSELDA GIL Notary Public, State of Texas Comm. Expires 07.06.2027 Notary f0 2114517 RETURN TO; City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 Notary Public, State of Texas Fittz & Shipman are INC. Consulting Engineers and Land Surveyors Ronald D. Fittz, P,E,, R,P.L.S. (1948-1987) Daniel A. Dotson, P.E., President Terry G. Shipman, Pk, Senior Consultant Donald R. King, P.E., Vice President Bernardino D. Tristan, P.E., Chief Executive Officer James E, Douglas, R,P.L.S. EXHIBIT "A" PAGE 1 OF 2 CENTERLINE DESCRIPTION FOR A 10' WIDE EXCLUSIVE WATER LINE EASEMENT ACROSS WAUKESHA-PEARCE INDUSTRIES, LLC TRACT JEFFERSON COUNTY, TEXAS All bearings and coordinates indicated hereon are based on Texas Coordinate System Values - Texas South Central Zone 4204 (NAD 83) Field Note Description: September 6, 2024 BEING a 10' Wide Waterline Easement (0.039 ARCES) lying in the JOHN A. VEATCH SURVEY, Abstract No.' 55 in Jefferson County, Texas, being out of and a part of a called 6.492 acre tract referenced in an instrument to Waukesha -Pearce Industries, LLC of record in County Clerk's File No. 2023013534 of the Official Public Records of Jefferson County, Texas, said Centerline being more particularly described as follows: COMMENCING at a 5/8" Iron Rod Found (Bent) marking the Intersection of the Southwest Right -of -Way line of Avenue A (Public R.O.W.) and the South Right -of -Way, line of West Cardinal Drive (Public R.O.W.), an angle point on the North line of said 6.492 acre tract, having Texas Coordinate Systems values of N: 13,955,089.34' and E: 3,521,699.56'; THENCE N 74018117" W along and with the South Right-ef-Way line of West Cardinal Drive, the North line of said 6,492 acre tract passing a Capped Iron Rod "WHITELEY" Found at 61.84 feet and continue for a total distance of 196.50 feet to the POINT OF BEGINNING of the said 10' Wide Exclusive Waterline Easement, having Texas Coordinate Systems values of N: 13,955,142.49' and E: 3,521,510.39', fiom which a 1/2" Iron Rod Found bears N 74°18' 17" 186.77'; THE, S. 14032'41" W over and across said 6.492 acre tract, along and with the Centerline of the Centerline of the 10' wide exclusive Waterline Easement for a distance of 142.91 pass a point for the POINT OF BEGINNING of a TAP from which the POINT OF TERMINATION of said Tap bears S 75°37'54" E 19.64 feet, and continuing a total distance of 154.72 marking the POINT AND PLACE OF TERMINATION, having Texas Coordinate Systems values of N: 13,954,992.73' and E: 3,521,471.53'; Plat of even date accompanies this Field Note Description. Job No. 24114 1405 Cornerstone Court • Beaumont, Texas 77706 - (409) 832-7238 • Fax (409) 832-7303 Texas Board of Professional Engineers Firm No. 1160 • Texas Board of Professional Land Surveyors Firm No. 700786 E 0 Q 0 a E `0 EXHIBIT "A" �r M�11 /f���, ��7r� PAGE' 2 OF 2 NJOIf-ItI1V L" . 1lIMAYC', SURV EY9 0 15 30 6=,SLJsS�I1 aW No. 55 S CA L E Jeaalro®a C®ufl yIj Twag 1/2" IRON ROD FOUND N74°18'17"1N WEST CARDINAL, DRIVE (Pusuc 0,0.w.) N 74°18'17" W 188.77196.50` 61.84` P. O.B. �CAPPED IRflN ROD my(, N:13,955,142,49' °WHITELEY° FOUND n�oF E:3,521,510.39' P. C. 5%8"� N ROD FOUND (BENT) N:13,955,089.34' E: 3, 521, 699.56' GE 1Npu��R��S' Lac wp1J1C�� tC�o 2p2��3g3 c.cF' 10' WIDE EXCLUSIVE WATERLINE EASEMENT (0.039 ACRES) (174.36' LINEAR FEET) P.O. T. N:13,954,992.73' E: 3, 521, 471.53' INC. oelti�gFag+'nce��andlrmdSiw�eyors d 1406 CORNERSTONE COURT, BEAUMONT, TEXAS PH (409) 832-7238 FAX (409) 832-7303 T,B.P.E. FIRM #1160 e T.X.L.S. FIRM #100166 C S 7503754'E 19.64' r0 0 0 U Notes: 1. This survey was completed and this plot was prepared without the benefit of a Title Commitment. 2. All bearings and coordinates indicated hereon are based on Texas Coordinate System Values -- Texas South Central Tone 4204, NAD 83. 3. According to FEMA's Flood Insurance Map - Panel Number 48199C 0150 F dated 1010612010, the subject area appears to be located in Flood Zone "X". Flood Zone location is based on imagery only and the surveyor does not subscribe to the accuracy of said location. 4. Field Note Description of even date accompanies this survey plat. James Evan DotNlas ..10 7072 J-9 SURD I, James Evan Douglas, Texas Registered Professional Land Surveyor No. 7072, do hereby certify that a survey was made on the ground under my supervision of the 1 property legally described hereon. Survey Dated: September 6, 2024. James Evan Douglas Registered Professional Land Surveyor No. 7072 Waterline Easen-s4ant Survey 'ROJECT NAME: Waukesha -Pearce Industries 1316 West Cardinal Drive Beaumont, Texas 77705 COPYRIGHT 2024 FIM & SHIPWN, INC. DATE: Sep 06, 2024 PROJECT NO. 24114.0000 Drawn By: BTG Jefferson County Roxanne Acosta-Hellberg Jefferson County Clerk Instrument Number: 26570 Real Property Recorded On: October 09, 2024 01:08 PM Number of Pages: 6 " Examined and Charged as Follows: " Total Recording: $41,00 *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL_ PROPERTY because of color or race is invalid and unenforceable under federal law. File information: Document Number: 26570 Receipt Number, 20241009000062 Recorded Date/Time User: Station: 0OtAl y 00��� v� ti fi�RsON coisNt October 09, 2024 01:08 PM Belinda B. CCL_ERK42 Record and Return To: CITY OF BEAUMONT ANTOINETTE HARDY - ENGINEERING P.O. BOX 3827 BEAUMONT TX 77704 STATE OF TEXAS Jefferson County I hereby certify that this Instrument was filed in the File Number sequence on the date/time printed hereon, and was duly recorded in the Official Records of Jefferson County, Texas Roxanne Acosta-Hellberg Jefferson County Clerk Jefferson County, TX