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HomeMy WebLinkAboutRES 99-026 RESOLUTION NO. 22 g� BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute an Interlocal Agreement Between the City of Beaumont and Jefferson County, Texas for Acquisition of Road Right-of-Way. The agreement is substantially in the form attached hereto as Exhibit "A PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 1999. - Mayor - INTERLOCAL AGREEMENT FOR ACQUISITION OF ROAD RIGHT-OF-WAY BETWEEN THE CITY OF BEAUMONT AND JEFFERSON COUNTY, TEXAS This Interlocal Agreement is made by and between Jefferson County, Texas ("County") and the City of Beaumont, a home rule City of the State of Texas ("City") under authority of the Interlocal Cooperative Act, Texas Government Code Chapter 791. The City and the County agree as follows: The City and County agree that it is necessary to acquire certain lots, tracts and parcels of property, more particularly described in a legal description attached hereto and marked as Exhibit "A". This property is immediately necessary for public access to develop property and utilit's, improvements, and unless the property is acquired, it will be to the substantial detriment and disadvantage of the City and Jefferson County, Texas. The property described in Exhibit "A" is within the City of Beaumont pursuant to a December 13, 1988 annexation [Ordinance 88-99]. City and County agree to cooperate on the following basis: 1. The City will permit the County to acquire the lots, tracts and parcels of property described in Exhibit "A" for access and utility service purposes through such procedures as shall be necessary to acquire the property at purchase for fair market value or through the process of eminent domain as provided for under Chapter 21 of the Texas Property Code. 2. Once the right of way has been acquired by the County, the property will then be transferred to the City. 3. The City agrees that the County attorney and any special counsel for the County are jointly authorized to proceed for and on behalf of the City and the County to take such action as shall be necessary to acquire the subject property, including, but not limited to, making an appropriate offer in accordance with the appraisal of said property and instituting such proceedings as shall be necessary under the procedures and provisions of Chapter 21 of the Texas Property Code. EXECUTED this, the day of January, 1 999. CITY OF BEAUMONT Attested to: By: City Clerk City Manager EXHIBIT "A" JEFFERSON COUNTY, TEXAS Attested to: By: County Clerk Carl R. Griffith, Jr. County Judge 2 EXH BIT "A" TRACT I Legal Description: Proposed 60 Feet Wide Road Right-of-Way 0.3331 Acre Tract or Parcel of Land Out of and Part of Lot 9 Resubdivision of the Daniel Lewis Land in the Pelham Humphry League Volume 1, Page 44, Map Records Pelham Humphry League, Abstract No. 32 Jefferson County, Texas BEING a proposed 60 feet wide road right-of-way containing a 0.3331 acre tract or parcel of land situated in the Pelham Humphry League, Abstract No. 32 and being out of and part of Lot 9 of the Resubdivision of the Daniel Lewis Land in the Pelham Humphry League as recorded in Volume 1, Page 44, Map Records. Jefferson County, Texas and being out of and part of that certain called 4.6453 acre tract identified as Tract One as conveyed by PCS Phosphate Company, Inc. to Edward P. deZevallos and Robert Price, Jr. as recorded in Clerk's File No_ 98-9814110, Official Public Records of Real Property, Jefferson County, Texas, said 0.3331 acre tract being more particularly described as follows: NOTE: .411 bearings are based on the Northeast line of a 6.615 acre tract described as Part 1 of Judgement No. 23,431 in the State of Texas vs. Texas Gulf Sulphur Company dated April 27, 1966 as recorded in Volume1464, Page 486, Deed Records, Jefferson County, Texas as NORTH 38 22 '00" WEST. COMMENCING at a Texas Department of Transportation concrete monument found for the most Northerly interior ell corner of the said 4.6453 acre deZevallos and Price Tract One, and said corner also being in the Northeasterly right-of-way line of State Highway 347; THENCE SOUTH 38 011'32" EAST, along and with the Northeasterly right-of-way line of State Highway 347 and the Southwesterly line of the said 4.6453 acre deZevallos and Price Tract One, for a distance of 17.86 feet to a 5/8" iron rod set for the POINT OF BEGINNING of the tract herein described; THENCE NORTHEASTERLY along a curve to the right having a radius of 1,850.73 feet, a delta angle of 07°23'07", a chord distance of 238.39 feet and a chord bearing of NORTH 49035' 19" EAST, for a distance of 238.56 feet to a 5/8" iron rod set for corner; said corner being in the Northeasterly line of the said 4.6453 acre deZevallos and Price Tract One and in the Northeasterly line of the said Lot 9 of the Resubdivision of the Daniel Lewis Land in the Pelham Humphry League and being in the Southwesterly right- of-way line of Kansas City Southern Railroad (based on a width of 100 feet); MARK W. WHITELEYAKD ASSOCIATES, LN'C. THENCE SOUTH 44 020'08" EAST, along and with the Northeasterly line of the said 4.6453 acre deZevallos and Price Tract One and the Northeasterly line of the said Lot 9 of the Resubdivision of the Daniel Lewis Land in the Pelham Humphry League and the Southwesterly right-of-way line of Kansas City Southern Railroad, passing the centerline of the existing roadway within the said proposed 60 feet wide road right-of-way at a distance of 25.20 feet and continuing for a total distance of 60.55 feet to a 5/8" iron rod set for corner; THENCE SOUTHWESTERLY, along a curve to the left having a radius of 1,790.73 feet, a delta angle of 07°50'28", a chord distance of 244.87 feet and a chord bearing of SOUTH 49°37'03" WEST, for a distance of 245.06 feet to a 5/8" iron rod set for corner, said corner being in the Northeasterly right-of-way line of State Highway 347 and the Southwesterly line of the said 4.6453 acre deZevallos and Price Tract One; THENCE NORTH 38011'32" WEST, along and with the Northeasterly right-of-way line of State Highway 347 and the Southwesterly line of the said 4.6453 acre deZevallos and Price Tract One , passing the centerline of the existing roadway within the said proposed 60 feet wide road right-of-way at a distance of 35.20 feet and continuing for a total distance of 60.33 feet to a the POINT OF BEGINNING and containing 0.3331 acres, more or less. TRACT H Legal Description: Proposed 60 Feet Wide Road Right-of-Way 0.1396 Acre Tract or Parcel of Land Out of and Part of Kansas City Southern Railroad Right-of-Way Pelham Humphry League, Abstract No. 32 Jefferson County, Texas BEING a proposed 60 feet wide road right-of-way containing a 0.1396 acre tract or parcel of land situated in the Pelham Humphry League, Abstract No. 32, Jefferson County, Texas and being out of and part of the Kansas City Southern Railroad Right-of- Way (based on a width of 100 feet), said 0.1396 acre tract of land being more particularly described as follows: NOTE: All bearings are based on the Northeast line of a 6.615 acre tract described as Part 1 of Judgement No. 23,431 in the State of Texas vs. Texas Gulf Sulphur Company dated April 27, 1966 as recorded in Volume1464, Page 486, Deed Records, Jefferson County, Texas as NORTH 38'22 '00" WEST. COi 4NMNCING at a Texas Department of Transportation concrete monument found for the most Northerly interior ell corner of that certain called 4.6453 acre tract identified as Tract One as conveyed by PCS Phosphate Company, Inc. to Edward P. deZevallos and Robert Price, Jr. as recorded in Clerk's File No. 98-9814110, Official Public Records of MARK W. WHITELEY A!b ASSOCIATES, INC. Real Property, Jefferson County, Texas, and said corner also being in the Northeasterly right-of-way line of State Highway 347; THENCE SOUTH 38°11'32" EAST, along and with the Northeasterly right-of-way line of State Highway 347 and the Southwesterly line of the said 4.6453 acre deZevallos and Price Tract One for a distance of 17.86 feet to a 5/8" iron rod set for corner; THENCE NORTHEASTERLY along a curve to the right having a radius of 1,850.73 feet, a delta angle of 07°23'07, a chord distance of 238.39 feet and a chord bearing of NORTH 490'35'19" EAST, for a distance of 238.56 feet to a 5/8" iron rod set for the POINT OF BEGINNING of the tract herein described, said corner being in the Northeasterly line of the said 4.6453 acre deZevallos and Price Tract One and in the Northeasterly line of the Lot 9 of the Resubdivision of the Daniel Lewis Land in the Pelham Humphry League as recorded in Volume 1, Page 44, Map Records, Jefferson County, Texas and being in the Southwesterly right-of-way line of Kansas City Southern Railroad (based on a width of 100 feet), THENCE NORTHEASTERLY continuing along a curve to the right having a radius of 1,850.73 feet, a delta angle of 03'08'11", a chord distance of 101.30 feet and a chord bearing of NORTH 54°50'58" EAST, for a distance of 101.31 feet to a 5/8" iron rod set for corner, said corner being in the Northeasterly right-of-way line of the Kansas City Southern Railroad and being in the Southwesterly line of that certain called 5.8735 acre tract of land identified as Tract Three-A as conveyed by PCS Phosphate Company, Inc. to Edward P. deZevallos and Robert Price, Jr. as recorded in Clerk's File No. 98-9814110, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 44 020'08" EAST, along and with the Northeasterly right-of-way line of the Kansas City Southern Railroad and the Southwesterly line of the said 5.8735 acre deZevallos and Price Tract Three-A, passing the centerline of the existing roadway within the said proposed 60 feet wide road right-of-way at a distance of 25.47 feet and continuing for a total distance of 6 1.11 feet to a 5/8" iron rod set for corner; THENCE SOUTHWESTERLY along a curve to the left having a radius of 1,790.73 feet, a delta angle of 03°14'40", a chord distance of 101.39 feet and a chord bearing of SOUTH 55 009'37" WEST, for a distance of 101.40 feet to a 5/8" iron rod set for corner, said corner beine in the Northeasterly line of the said 4.6453 acre deZevallos and Price Tract One and the Northeasterly line of the said Lot 9 of the Resubdivision of the Daniel Lewis Land in the Pelham Humphry League and the Southwesterly right-of-way line of Kansas City Southern Railroad; THENCE NORTH 44 020'08", along and with the Northeasterly line of the said 4.6453 acre deZevallos and Price Tract One and the :Northeasterly line of the said Lot 9 of the Resubdivision of the Daniel Lewis Land in the Pelham Humphry League and the Southwesterly right-of-way line of Kansas City Southern Railroad , passing the centerline of the existing roadway within the said proposed 60 feet wide road right-of-way at a distance of 35.35 feet and continuing for a total distance of 60.55 feet to the POINT OF BEGININiNG and containing 0. 1396 acres, more or less. ,VfARK W. WHITELEY A VD ASSOCIATES, INC. TRACT III Legal Description: Proposed 60 Feet Wide Road Right-of-Way 0.0140 Acre Tract or Parcel of Land Pelham Humphry League, Abstract No. 32 Jefferson County, Texas BEING a proposed 60 feet wide road right-of-way containing a 0.0140 acre tract or parcel of land situated in the Pelham Humphry League, Abstract No. 32,- Jefferson County, Texas and being out of and part of that certain called 5.8735 acre tract of land identified as Tract Three-A as conveyed by PCS Phosphate Company, Inc. to Edward P. deZevallos and Robert Price, Jr. as recorded in Clerk's File No. 98-9814110, Official Public Records of Real Property, Jefferson County, Texas, said 0.0140 acre tract of land being more particularly described as follows: NOTE: All bearings are based on the Northeast line of a 6615 acre tract described as Part 1 of Judgement No. 23,431 in the State of Texas vs. Texas Gulf Sulphur Company dated April 27, 1966 as recorded in Volume1464, Page 486, Deed Records, Jefferson County, Texas as NORTH 3822 '00" WEST. COMMENCING at a Texas Department of Transportation concrete monument found for the most Northerly interior ell corner of that certain called 4.6453 acre tract identified as Tract One as conveyed by PCS Phosphate Company, Inc. to Edward P. deZevallos and Robert Price, Jr. as recorded in Clerk's File No. 98-9814110, Official Public Records of Real Property, Jefferson County, Texas, and said corner also being in the Northeasterly right-of-way line of State Highway 347; THENCE SOUTH 38 011'32" EAST, along and with the Northeasterly right-of-way line of State Highway 347 and the Southwesterly line of the said 4.6453 acre deZevallos and Price Tract One for a distance of 17.86 feet to a 5/8" iron rod set for corner; THENCE NORTHEASTERLY along a curve to the right having a radius of 1,850.73 feet, a delta angle of 07°23'07", a chord distance of 238.39 feet and a chord bearing of -- NORTH 49035'19" EAST, for a distance of 238.56 feet to a 5/8" iron rod set for the POLNT OF BEGINNING of the tract herein described, said corner being in the Northeasterly line of the said 4.6453 acre deZevallos and Price Tract One and in the Northeasterly line of the Lot 9 of the Resubdivision of the Daniel Lewis Land in the Pelham Humphry League as recorded in Volume 1, Page 44, Map Records, Jefferson County, Texas and being in the Southwesterly right-of-way line of Kansas City Southern Railroad (based on a width of 100 feet), \ AfARIC W. u'HITELEY X• 'D ASSOCIATES. INC. F_7THENCE NORTHEASTERLY continuing along a curve to the right having a radius of 1,850.73 feet, a delta angle of 03°08'11", a chord distance of 101.30 feet and a chord bearing of NORTH 54°50'58" EAST, for a distance of 101.31 feet to a 5/8" iron rod set for the POINT OF BEGINNING of the tract herein described, said corner being in the Northeasterly right-of-way line of the Kansas City Southern Railroad and the Southwesterly line of the said 5.8735 acre deZevallos and Price Tract Three-A; THENCE NORTHEASTERLY continuing along a curve to the tight having a radius of 1,850.73 feet, a delta angle of 00°18'55", a chord distance of 10. 18 feet and a chord bearing of NORTH 56°34'31" EAST, for a distance of 10.18 feet to a 5/8" iron rod set for corner; THENCE SOUTH 44 020'08" EAST, passing the centerline of the existing roadway within the said proposed 60 feet wide road right-of-way at a distance of 25.48 feet and continuing for a total distance of 61.18 feet to a 5/8" iron rod set for corner; THENCE SOUTHWESTERLY along a curve to the left having a radius of 1,790.73 feet, a delta angle of 00'19")5", a chord distance of 10.20 feet and a chord bearing of SOUTH 56°56'44" WEST, for a distance of 10.20 feet to a 5/8" iron rod set for corner, said corner being in the Northeasterly right-of-way line of the Kansas City Southern Railroad and the Southwesterly line of the said 5.8735 acre deZevallos and Price Tract Three-A, THENCE NORTH 44 020'08", along and with the Northeasterly right-of-way line of the Kansas City Southern Railroad and the Southwesterly line of the said 5.8735 acre deZevallos and Price Tract Three-A, passing the centerline of the existing roadway within the said proposed 60 feet wide road right-of-way at a distance of 35.64 feet and continuing for a total distance of 61.11 feet to the POINT OF BEGINNING and containing 0.0140 acres, more or less. Surveyed on October 26, 1998 by Mark W. Whiteley, RPLS No. 3636. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B"). � A, o: ' Mark W. Whiteley, RPLS No. 3636 M.W. WNITELEY r`9 363s p. o, +: e p WAW0RDZATAVN3B\98.858 DOC SURD MARK W. WFIITELEY A.§D ASSOCIATES, INC. - - - BEAU MONTH 1171 Ios 0 1 2 3 4 mlles scale Pine Forest To Ko nrze or ,Isbee BIG I - ►II1CKEr NAr/ONAI PRESERVE 281 1 96 J- r 1132 � I 4 OR r 12 v ralk � o O �4ss lucas 10 e VIdOr D.11 John Jay french I read:,q Posl o f�•- 90 -_ Mu t. o Qelewere• Aso" ran e \ "e lahar/at 0 'c J Gbose City drs Ave Avc� Gladys Sl.; Ail � �, I 'p� Y • jj jl,ta Ih all oso. 1 Call . a Bl,d' -; �, C H s , _Calder.A - 8 he\s!` c L n,. -- 10 Onclors......... � � � A,,f;�Id\\ tit„ A,,,,.,1 St • G 1 Y 90 oJfe 90 x \ 'v �•'o1i3 `\ \ t IInto.It t 7I - K'dshinpl _Blvd. Saral,-St: rata \� 1 Sol dlefoo ]8l 'Lamm Weld!"--�- Rd. — -- ( ftd. 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