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Home My WebLink AboutRES 24-268RESOLUTION NO. 24-268 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Lamar Institute of Technology has agreed to convey a ten foot by ten foot (10' x 10') wide Water Line Easement to the City of Beaumont, said easement being a 0.0023- acre of land situated in the .lames W. Bullock Survey, Abstract No. 7, as described in Exhibit "A," and attached hereto, to the City of Beaumont for a new facility located at 4075 Martin Luther King Jr. Parkway; 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 Lamar Institute of Technology, be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City October, 2024. Beaumont this the 29th day of Roy West - STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THE SE PRESENTS: WATER LINE EASEMENT TISAT, LA.MAR XNSTITUE OF TECHNOLOGY, an institute of higher education Created tinder the authority of Section 96.703 of the '.Texas Education Code, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sure 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 acicnowledged, 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 & 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 saute for the purposes aforesaid; provided, however that Gratltee 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 enjoyn-lunt of tile 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 panting 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 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 inade 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 Cleric of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the patties 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. [Signettl v Wage Follor:'s] EXECUTED this day of}L'�m' i- , 2024, GRANTOR: LAMAR INSTITUTE OF TECHNOLOGY an institute of higher education By: Pfin ?ed Naive, Jonathan 13eritiech Title; Director of Facilities ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § t This instrument was aclaiowledged before me on this the 6 day of OCT-O '% C-"Z- , 2024, by Jonathan Beritiech, as Director of Facilities of Lamar institute of Technology, an institute of higher education created under the authority of Section 96.703 of the Texas Education Code, on behalf of said company, Noiaty )?u lic, Stat Texas RETURN T0; City of BeauEtlonf 7abltha M He y9ood Antoinette Hard Engineering , , MY Ca12101202 Explr89 Y - g g � 12/9/2028 P. 0. Boy. 3827 11Notary ID134008034 Beauniont, TX 77704 ittz & Shipman INC. Ronald D. Fittz, P.E., R,P,L.S. (1948-1987) Terry G. Shipman, f .E., Senior Consultant Bernardino D, Tristan, P.E., Chief Executive officer Consulting Engineers anti Land Surveya.v Daniel A, Dotson, P.E., President Donald R. King, P.E., Vice President James E. Douglas, R.P.L.S, Meld Note Description October 3, 2024 Descriptions of a 10' x 10' Exclusive Water Line Easement Lamar Institute of Technology - Advanced Technology Center Jefferson County, Texas Exhibit "A" Page 1 of 2 BEING 0,0023 acres of land lying in the .TAMES W. BULLOCK SURVEY, Abstract No. 7 in Jefferson County, Texas, being out of and a portion of that certain 4.0256 acre tract of acid described in all h1strument to Lamar Institute of Technology of record in County Clerk's File No. 2011007676 of the Official Public Records of Jefferson County, Texas, said 0.0023 acres being more particularly described as follows: fill bearing and coordinates indleafed hereon are based wi Texas Coordinate Sptem Values- Texas South Central Zorn --- 4204 (NAD 83) COMMENCING at a Concrete Monument found having Texas Coordinate System Values of N: 13,961,774.46' and E: 3,525,614,53 marking the South right-of-way litre of Villiva Lane (a public roadway), the Easterly right- of-way line of South Martin Luther Icing Jr, Parkway (variable width roadway), the Northwesterly corner of said 4,0256 acre tract of land, THENCE S 48005'25" E along and with the Easterly right-of-way title of said South Marlin Luther King Jr. Parkway, the Westerly line of said 4.0256acre tract for a distance of58,05 feet marking the Northeasterly corner and POINT OF BEGINNING of the herein described tract, having Texas Coordinate System Values of N: 13,961,735,68' and r: 3,525,657.73'; THENCE, over and across said 4.0256 acre tract and with (lie perimeter of the herein described tract (lie following four (4) courses: I , S 48105'25" E for it distance of 10.00 feet marking the South corner of file herein described tract; 2. N 41054135" E fora disttmce of 10.00 feet marking the East cortror of (he herein described tract; 3. N 4810512511 W for a distance of 10.00 feet marking the North corner of the herein described tract; 4. S 41°54'35'W for a distance of 10.00 feet marking the end of perimeter of the herein describe([ exclusive easernelit, Plat of even date accompanies this Field Note Description. .lob No. 22133.0010 SV I;SMT I hereby certify this metes all(] bounds is (rue and correct to tite best of lily l(nowledgc, a�tt�1 4J 11ief, as surveyed on the round October 3, 2024. a; W� Ev.mr Douglas ;red Professional Land Surveyor No. 7072 iN MMIIN M/N/I N�NN N nIN• JAMES EVV/AN nDOUGLAs 1 4- 1405 Cornerstone Court • Beauniont, Texas 77706 - (409) 832-7238 • Fax (409) 832-7303 501 Procter Street, Suite 323 • Port Arthur, Texas 77640 • 409-999-6023 Texas Board of Professional Engineers Flrm No. 1100 • Texas Board of Professional land Surveyors Firm No. 100186 VILLIVA LANE P.O.C. \�CoNCREFE MONUMENT F FOUND N:13,D61,774.4G' E: 3,525,614.53' P.O.B. N:13,01,735XH' \ SS E:3,525,657.73' Ste' ♦ '�sr ♦ \ Line Table Line If DIrection Length L 1 S411°05'25" E 10.00' L2 N41°54135"E 10.00' 0 N46'05'25'W 10.00' L4 S41°64135"W 10.00, LAMAR It OF �1 C� TECHNOLOGY CALLED 4,0256 ACRES CCF NO. 2011007676 OPRJCT 0.0023 ��( �yF \♦ \ ACRES SUBJECT PROPERTY �• �.... a it i i � �y III VIGNITY MAPtE"i ar,iar 's, "[�"5 S. EXHIBIT "B" PAGE 2 0 10 0 S C A L E NOTES., 1. THIS SURVEY WAS COMPLETED AND THIS PLAT 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 ZONE 4204, (NAD133). 3. ACCORDING TO FEMA'S FLOOD INSURANCE MAP PANEL NUMBER 485457 0010 D DATED 0810612002, THE SUBJECT AREA APPEARS TO BE LOCATED IN FLOOD ZONE "X". FLOOD ZONE LOCATION IS BASED ON IMAGERY ONLY, THE SURVEYOR DOES NOT SUBSCRIBE TO THE ACCURACY OF SAID LOCATION. 4. FIELD NOTE DESCRIPTION OF EVEN DATE ACCOMPANIES THIS SURVEY PLAT. 1, JAMES EVAN DOUGLAS, TEXAS REGISTERED PROFESSIONAL. LAND SURVEYOR NO. 7072, DO HEREBY CERTIFY THAT AN ACTUAL SURVEY(AQWAS MADE ON THE GROUND OF THE PROPERTY HEREON UNDER MYDIRECT SUPERVISION. SURVEY DATED. OCTOBER 3, 2024 es �Evan��Douglas .................. .°pa 7072 o JAMESS EVAN DOUGLAS •S U REGISTERED PROFESSIONAL LAND SURVEYOR NO. 7072 10E X 101, WIDE EXCLUSIVE WATER LINE EASEMENT a rs�rlringlsngineersrandlnnd�Strrveyo. INC. PROJECT NAME: LAMAR INSTITUTE OF TECHNOLOGY SH 2 4075 MARTIN LUTHER KING JR. PARKWAY 1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TX 77701 PROJECT N0. PH (409)832.7238 FAX (409) 032-7303 22133.OQ10 T.B,P.E, FIRM 111160 . T.X.L.S. FIRM 11100168 OO COPYRIGHT 2024 FITTZA SHIPMAN, INC. DATE. Oct 03, 2024