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Home My WebLink AboutRES 24-297RESOLUTION NO.24-297 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, R & P Brothers, LLC, has agreed to convey a ten (10') foot wide Water Line Easement to the City of Beaumont, said easement being a 0.0708-acre tract of land situated in the S. Stivers League, Abstract No. 51, as described in Exhibit "A," and attached hereto, to the City of Beaumont for a new RV Park located at 5497 Fannett Road; 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 R & P Brothers, LLC, be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of November, 2024. ®d U I. this the 19th day of STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, R & P BROTHERS, 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. 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, 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 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 Folloivq] EXECUTED this day of .12024. GRANTOR: R & P BROTHERS, LLC A Texas limited liability company By: Printed Name: Akashkumar S. Ray Title: Manager ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on this the _ day of , 2024, by Akashkumar S. Ray, as Manager of R & P Brothers, LLC, a Texas limited liability company, on behalf of said company. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 . Commercial • Residential • Indrrstrial S; cress m Sarveyors Firm No. 10736400 EXHIBIT "A" FIELD NOTE DESCRIPTION 0.0708 Acre (10' wide) Exclusive Waterline Easement Across 2.913 Acres (Called 2.919 Acres) Described in Clerk's File No. 2020008385, OPRJCT Part of the S. STIVERS LEAGUE, Abstract 51, Beaumont, Jefferson County, Texas BEING a 0.0708 acre easement lying in the S. STIVERS LEAGUE, Abstract No. 51, Jefferson County, Texas, being across that called 2.919 acre tract of land (surveyed as 2.913 acres) described in an instrument to R&P Brothers LLC, recorded in Clerk's File No. 2020008385 of llie Official Public Records of Jefferson County, Texas, and out of Lot 10, Unit "A" of Tyrrell Park Addition, a subdivision of record in Volume 05 on Pages 173-174 of the Map Records of Jefferson County, Texas, said easement being more particularly described as follows: Note: All bearings and distances are grid, based on the Texas Coordinate S),steni of 1983 (NAD83), South Central Zone, with a conreigence angle at N..- 13,954,431.91 and E. 3,501,608.46 of 02°2227" and a scale factor of 0.99993698. COMMENCING at a 5/8" rod found in the east right-of-way line of State Highway 124 (also known as Fannett Road), for the northwest comer of Lot 1, Leroy Addition, a subdivision of record in Volume 9, Page 57, of said Map Records, as described in an instrument to Tyrrell Park Carwash, Inc., recorded in Clerk's File No. 2006002270 of said Official Public Records and the southwest corner of said 2.913 acre tract; THENCE North 39°03'30" East along the east right-of-way line of State Highway 124 and the west line of said 2.913 acre tract, a distance of 10.14 feet to the southwest corner and POINT OF BEGINNING of the herein described easement; THENCE North 39903130" East along the east right-of-way line of State Highway 124, the west line of said 2.913 acre tract and the west line of the herein described easement, a distance of 10.14 feet to a point for the northwest corner of the herein described easement; THENCE the following 7 courses and distances across said 2.913 acre tract: South 60*27129" East, a distance of 235.41 feet to a point; North 79*58120" East, a distance of 57.88 feet to a point; South 10001140" East, a distance of 10.00 feet to a point; South 79058120" West, a distance of 45.78 feet to a point; South 60*27129" East, a distance of 4.72 feet to a point; South 19032131" West, a distance of 10.00 feet to a point; North 60127129" West, a distance of 257.50 feet to the POINT AND PLACE OF BEGINNING, containing 0.0708 acres of land, more or less. This description is being submitted along with a plat of even date. Scott N. Brackin, RPLS 6650 Access Surveyors Project No. 2017697 September 25, 2024 Page 1 of 1 11025 Old Voth Road, Beaumont, Texas 77713 Office: (409) 838-6322 Fax: (409) 838-6122 Email: rpls5163@aol.com Web: www.access-surveyors.com File: 2024596_Eascment Description_(8.5X 14).Docx EXHIBIT NB" WALDEN ROAD EASEMENT PLAT DAVID JAMES, BELLWOOD IIIVSi. DAISY CASTRO ,ET UX 2021010838, OPRJCT 201302LOT OPRJCT �0 202100571.1. LOT 9 LOT 8 HENRY MOORE, ET UX OPRJCT NIRJCT R.D•W• V.1951, P.243, QRJCT LOT 10 P,73 DR10I p1TCH SITE LOT 11 GINGER A- 10 33v W 200•A55' 20' WIDE FOUND ROD �2 S Ig°52'59• VI 199. W VIHITELEY' 1 AI t4 BRAIIDON WELCH ��v DD6 DITCH 108- 2019041278, OPRJCT `�a F FOUND 1' PIPE LOT 12 �^ p• 'a IKE SIMS, ET UX z 2006002911, Z 4,, A OPRJCT v o LOT II Q CHERYL PAIGE MENDOZA HOME 2.0578 Ac BUILmOs 2018017239, Selviellt Estate: 2024-18408, OPRJCT OPRJCT R8P BROTHERS, LLC LoT IO CALLED 2.919 ACRES (SURVEYED AS 2.913 ACRES) LORETTA HAYWOOD NOTES: N CF 2020008385, OPRJCT 2000004431, ,,g N ALL OF LOT 10, UNIT 'A', OPRJCT I. ALL BEARINGS AND DISTANCES ARE GRID, TYRRELL PARK ADDITION LOT 9 BASED ON THE TEXAS COORDINATE SYSTEM w w V.5, P. 173-174, MRJCT OF 1983 (NAD83), SOUTH CENTRAL ZONE : AND PART OF THE JEFFERSON COUNTY In i. 2023023891. WITH A CONVERGENCE ANGLE AT N: o S. Stivers League, A-51, OPRJCT 13,954,431.91 AND E: 3,501,608.46 OF '°'0 JEFFERSON COUNTY, TEXAS LOT 8 02°22'27' AND A SCALE FACTOR OF P_ 0.99993698. EVA BUSH.NEL 2023015706, f 2. A 10' WIDE EASEMENT DESCRIPTION oa^• OPRJCT (EXHIBIT 'A") IS ATTACHED HERETO AND r, a, LOT 7 (L MADE A PART HEREOF. 3 3 Oz_ AVRAP INVESTMENTS z 2020009756, o ,^n OPRJCT o 6 ° z LOT 6 a 1°a1N7 FOR V z CORNER NS \ L7 Dar HOLDINGS � \ \ LB 2009034645, KEATING !F\ OPRJCT ENTERPRISES\ ' LOT 5 i014039903. 10' wide E.�ciusive l OPRJCT Waterline L, j SHARON WAYNAN C D 2013034051, Easement (0.0708 AC.) OPRJCT NN I I LOT 4 wLU I MAE HAV INS 2023008786, s n CPRJCT N� J' ,I� LOT 3 y li El (10' I. TYRRELL PARK CARVIASH, INC. zoOPRJC 70, OPRJCT LOTS 1-2 FOUND 5/B' OD N 39°03'30• ' I P.O.C. State fez (N41°3p00 E 200,14 FOUND ghN'aY 124 2Do.30.) Lz 5/8• aD a.k.a. � LI iA PUBLIC ROAOIV4V) annettRoad P.O.B. EXHIBIT SHOWING AN EXCLUSIVE WATERLINE EASEMENT OUT OF A CALLED 2.919 ACRE TRACT OF LAND (SURVEYED AS 2.913 AC.) CONVEYED TO RAP BROTHERS, LLC IN COUNTY CLERK'S FILE No. 2020008385, (OPRJCT) ADDRESS: 5497 FANNETT ROAD, BEAUMONT, TEXAS 77705 I, SCOTT N. BRACKIN, TEXAS REGISTERED PROFESSIONAL LAND SURVEYOR No. 6650. DO HEREBY CERTIFY THAT I HAVE MADE A SURVEY ON THE GROUND OF THE PROPERTY SHOWN HEREON, AND THAT THE SURVEY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. FIELD WORK COMPLETED: AUGUST 19, 2024. PLAT DATED: SEPTEMBER 25, 2024. W�F cress OF �S� P� .p STEgF-f' 6jrN� .11� FO%In SurveyorS, LLC SCOTT ?N........ BRACKI . Commercial - Industrial - Resideirtial """""""""""""'1"" A 6650 ° 11025 Ofd Yoth Road — Beaumont, Texas 77713 '-.'?o FS SIQ?P OQ Telephone (409) 838-6322 Facsimile 638-6122 �'O V�-1 WWW.ACCESS-SURVEYORS.COM S RPLS5163@AOL.COM SUt? SCOTT N. BR4CKIN FnY: 2024596-VILE FISI N0. 1006400 TEarvtvI 4.NLLEA REGISTERED PROFEssIoI LAND SDRVEYOR No. 6650 LINE TABLE LINE #i DIRECTION LENGTH LI N 39° 03' 30' E 10.14' L2 N 39° 03' 30' E 10.14' L3 S 60° 27' 29' E 235.41' L4 N 79° 58' 20' E 57.88' L5 S 10° 01' 40' E 10.00' L6 S 79° 58' 20' W 45.78' L7 S 60° 27' 29' E 4.72' L8 S 29° 32' 31' W 10.00' L9 N 60° 27' 29' W 257.50'