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HomeMy WebLinkAboutPACKET NOV 27 2007 fLik—j c City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 27, 2007 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointment A.) Approve the upgrade of nine (9) defibrillators for use in the Fire Department B) Authorize the acceptance of eight(8) -ten foot(10)wide exclusive water line easements for fire hydrants to serve Parkdale Mall on Eastex Freeway C) Authorize the acceptance of a ten foot (10)wide exclusive water line easement for fire hydrants to serve Macy's at Parkdale Mall on Eastex Freeway D) Authorize the acceptance of two (2)ten(10) foot wide exclusive water line easements for fire hydrants across Gulf Star Rental property located at 3385 West Cardinal Drive I A City Council Agenda Item M c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: November 27, 2007 REQUESTED ACTION: Council consider the upgrade of nine (9) defibrillators RECOMMENDATION Administration recommends the upgrade of nine(9)Medtronic defibrillators by Medtronic Physio-Control of Redmond, WA in the amount of$31,500. BACKGROUND Since 1988 Beaumont Fire/Rescue Services has provided early defibrillation as a component of its EMS first responder program through the use of automatic external defibrillators (AEDs). Research indicates that communities using early defibrillation in conjunction with EMT trained first responders realize an increased survival rate for cardiac arrest victims of approximately 11% over those that do not provide early defibrillation. Beaumont Fire/Rescue currently maintains AEDs on all EMS first responder units. This results in arrival of a first responder unit with defibrillation capabilities on an average of 3.5 minutes following activation of the 9-1-1 system. Beaumont Fire/Rescue utilizes Medtronic Physio-Control brand LifePak 12 defibrillators with similar configuration to those carried on Beaumont EMS units. Beaumont Fire/Rescue currently possesses sixteen defibrillators of which the nine oldest units require upgrade to comply with current American Heart Association defibrillation standards. Additionally, upgrade of these units will allow for compliance with changes in treatment protocols as required by the City of Beaumont Medical Director. This upgrade is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to maintain or modify the Medtronic defibrillators or software. BUDGETARY IMPACT Funds for this expenditure are budgeted in the Capital Reserve Fund. City Council Agenda Item..�„ 1 . ° . K TO: City Council FROM: Kyle Hayes, City Manager -op, PREPARED BY: Tom Warner,'P blic Works Director MEETING DATE: November 27, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of eight (8) - ten foot (10') wide exclusive water line easements for fire hydrants to serve Parkdale Mall on Eastex Freeway. RECOMMENDATION Administration recommends acceptance of the above named easements. BACKGROUND Parkdale Mall, LLC, Parkdale Mall Associates, L.P., and CBL/Parkdale Crossing, L.P. have agreed to convey eight (8) - ten foot (10') wide exclusive water line easements to the City of Beaumont. The easements are located at Parkdale Mall on Eastex Freeway and will provide m.andatoiy access for fire prevention services to the Mall. The easements would also allow for the construction, alteration, operation and maintenance of the said water lines and their appurtenances: Easement A - 10 foot wide exclusive water line easement out of Lots 1, 2 & 9, Block 1, Parkdale Addition [0.2532 acre]. Easement C - 10 foot wide exclusive water line easement out of Lot 9, Block 1, Parkdale Addition [0.0063 acre]. Easement D - 10 foot wide exclusive water line easement out of Lot 2, Block 1, Parkdale Addition [0.0143 acre]. Easement E - 10 foot wide exclusive water line easement out of Lot 2, Block 1, Parkdale Addition [0.0083 acre]. Easement F - 10 foot wide exclusive water line easement out of Lot 4, Block 1, Parkdale Addition [0.0137 acre]. Easement G - 10 foot wide exclusive water line easement out of Lot 4, Block 1, Parkdale Addition [0.0018 acre]. Easement H - 10 foot wide exclusive water line easement out of Lot 4, Block 1, Parkdale Addition [0.0047 acre]. Easement J - 10 foot wide exclusive water line easement out of Lots 3 &4, Block 1, Parkdale Addition [0.0168 acre]. BUDGETARY IMPACT None. engfire_macys_parkd-ib.wpd 16 November 2007 EXHIBIT "A" METES AND BOUNDS DESCRIPTION FOR A 10 FEET WIDE WATERLINE EASEMENT OUT OF LOTS 1,2 AND 9, BLOCK 1,PARKDALE MALL ADDITION,SITUATED IN THE F. BIGNER SURVEY, ABSTRACT NO. 1,BEAUMONT, JEFFERSON COUNTY, TEXAS WATERLINE EASEMENT "A" Being a 10 feet wide tract or parcel of land for easement purposes out of Lots 1, 2 and 9, Block 1 of the Parkdale Mall Addition as recorded in Volume 14, pages 245 and 246 of the Map Records, County Clerk's Office, Jefferson County, Texas, said Lot 2, Block 1 also being that same tract of land (called 12.00 acres) as conveyed by deed dated January 24, 2007 to Parkdale Mall Associates, L.P., recorded in Clerk's File No. 2007004430 of the Official Public Records of Real Property of said County, said Lot 1, Block 1 also being that same tract of land (called Tract 1 — 8.1207 acres) as conveyed by deed dated September 11, 2003 to CBL/Parkdale Crossing, L.P., recorded in Clerk's File No. 2003038071 of said Official Public Records, said Lot 9, Block 1 also being conveyed by deed dated September 24, 1986 to Parkdale Mall Associates, L.P., recorded in Film Code File No. 101-57-1081 of the Real Property records of said County, all being situated in and a part of the F. Bigner Survey, Abstract No. 1 of said County and being more particularly described by Metes and Bounds as follows; FOR LOCATIVE PURPOSES, commence at a 3/" steel rod found marking the Northwest of said Lot 1, Block 1 and the Southwest corner of Lot 2, Block 1; THENCE South 61 deg. 50 min. 41 sec. East along the common line of said Lots 1 and 2 a distance of 235.39 feet to a point marking the PLACE OF BEGINNING of the herein described tract of land; THENCE over and across Lots 2 and 9, Block 1 the following courses and distances to angle points for corners; North 25 deg. 24 min. 34 sec. East —31.45 feet; North 58 deg. 08 min. 49 sec. West—82.13 feet; North 35 deg. 00 min. 19 sec. West—86.79 feet; THENCE along a curve to the right having a radius of 278.58 feet, a central angle of 07 deg. 28 min. 25 sec., an arc distance of 36.34 feet, a chord distance of 36.31 feet and a chord bearing of North 23 deg. 51 min. 08 sec. West; Page 1 of 3 OAgengsmcr\a&g1A&G SURVEYINGWETES&BOUMS12007 CM,120-A-2.&c A - I EXHIBIT"A" North 12 deg. 15 min. 51 sec. West- 76.20 feet; North 01 deg. 04 min. 05 sec. West-225.07 feet; North 28 deg. 09 min. 19 sec. East -317.22 feet; South 61 deg. 39 min. 01 sec. East -210.29 feet; South 57 deg. 53 min. 18 sec. West- 11.49 feet; North 61 deg. 39 min. 01 sec. West- 194.59 feet; South 28 deg. 09 min. 19 sec. West-280.65 feet; South 61 deg. 50 min. 41 sec. East - 5.87 feet; South 28 deg. 09 min. 19 sec. West- 10.00 feet; North 61 deg. 50 min. 41 sec. West- 5.87 feet; South 28 deg. 09 min. 19 sec. West- 9.58 feet; South 61 deg. 50 min. 41 sec. East - 5.87 feet; South 28 deg. 09 min. 19 sec. West- 10.00 feet; North 61 deg. 50 min. 41 sec. West- 2.71 feet; South 01 deg. 04 min. 05 sec. East - 94.66 feet; North 88 deg. 55 min. 55 sec. East - 10.11 feet; South 01 deg. 04 min. 05 sec. East - 10.00 feet; South 88 deg. 55 min. 55 sec. West- 10.11 feet; South 01 deg. 04 min. 05 sec. East - 110.35 feet; South 12 deg. 15 min. 51 sec. East - 74.53 feet; THENCE along a curve to the left having a radius of 268.58 feet, a central angle of 07 deg. 11 min. 29 sec., an arc distance of 33.71 feet, a chord distance of 33.69 feet and a chord bearing of South 23 deg. 51 min. 23 sec. East; South 35 deg. 00 min. 19 sec. East- 84.09 feet; South 58 deg. 08 min. 49 sec. East- 45.47 feet; North 31 deg. 36 min. 41 sec. East- 14.00 feet; South 58 deg. 23 min. 19 sec. East- 10.00 feet; South 31 deg. 36 min. 41 sec. West-14.00 feet; South 58 deg. 08 min. 49 sec. East- 33.55 feet; THENCE South 25 deg. 24 min. 34 sec. West- 54.56 feet over and across Lots 1 and 2 to a point located on an existing 10 feet wide waterline easement in favor of the City of Beaumont as conveyed by deed dated September 17, 2004, recorded in Clerk's File No. 2004036643 of said Official Public Records; THENCE North 59 deg. 15 min. 50 sec. West along said existing easement line a distance of 5.92 feet to an angle point for corner; THENCE South 90 deg. 00 min. 00 sec. West continuing along said existing easement line a distance of 4.55 feet to an angle point for corner; Page 2 of 3 '/'/�1\AgenW-cr\aA8\A&G SURVEVINOMTES&B0UND51200TCBI.�120-A-2.&e A -.� EXHIBIT"A" THENCE North 25 deg. 24 min. 34 sec. East, departing said existing easement line a distance of 15.58 feet to a point located on the said common line of Lots I and 2 and the PLACE OF BEGINNING and containing in area 11,031 square feet or 0.2532 acres of land,more or less. Surveyed: June, 2007 Revised: September,2007 �..O F 7-F� •<P•''.-1ST . ......:...........................:...... JOHN R.{BOB)HODGESQ ............... ............... 4583 ��: R. (Bob) Hodges, .P.L.S. #4583 Note: An Exhibit of even date (Exhibit "B") is being submitted with and being made a part of this Metes and Bounds Description. Bearings referenced to the Common Lot line of Lots 2, 4 and 5, Block 1, Parkdale Mall Addition—North 32 deg. 00 min. 00 sec. West—as platted. Page 3 of 3 1\Agengsewerla&g1A&G SURVEYING\METES&80UNDS\20071C8L-120-A-2.&c A EXHIBIT"A" METES AND BOUNDS DESCRIPTION FOR A 10 FEET WIDE WATERLINE EASEMENT OUT OF LOT 99 BLOCK 1, PARKDALE MALL ADDITION, SITUATED IN THE F. BIGNER SURVEY,ABSTRACT NO. 1, BEAUMONT,JEFFERSON COUNTY,TEXAS WATERLINE EASEMENT"C" Being a 10 feet wide tract or parcel of land for easement purposes out of Lot 9, Block 1 of the Amended Plat Revised Lot Lines,Lots 2 and 4 and Lots 2 and 9, Block 1, Parkdale Mall Addition as recorded in Clerk's File No. 2007006814 of the Official Public Records, County Clerk's Office, Jefferson County, Texas, as situated in and a part of the F. Bigner Survey, Abstract No. 1 of said County and being more particularly described by Metes and Bounds as follows; FOR LOCATIVE PURPOSES, commence at an 3/4" steel rod found marking the Northwest corner of Lot 5, Block 1 located on the relocated upper East line of Lot 2, Block 1 and the Southwest corner of the relocated middle West line of Lot 9, Block 1, said Lot 2, Block 1 being that same tract of land as conveyed by deed dated January 24, 2007 to Parkdale Mall Associates, L.P., recorded in Clerk's File No. 2007004430 of said Official Public Records and said Lot 9,Block 1 being that same tract of land as conveyed by deed dated September 24, 1986 to Parkdale Mall Associates, L.P., recorded in Film Code File No. 101-57-1081 of the Real Property Records of said County; THENCE North 58 deg. 00 min. 52 sec. East along the North line of said Lot 5, Block 1 and South line of the relocated Lot 9, Block 1, a distance of 98.02 feet to an angle point for corner; THENCE North 32 deg. 00 min. 00 sec. West a distance of 7.46 feet to the Southwest corner and PLACE OF BEGINNING of the herein described tract of land; THENCE North 33 deg. 00 min. 17 sec. West along the West line of this tract a distance of 10.00 feet to a point marking the Northwest corner of the herein described tract of land; THENCE North 56 deg. 59 min. 43 sec. East along the North line of this tract a distance of 27.50 feet to a point marking the Northeast corner of the herein described tract of land; THENCE South 33 deg. 00 min. 17 sec. East along the East line of this tract a distance of 10.00 feet to a point marking the Southeast corner of the herein described tract of land; Page 1 of 2 1M2cneserveAA&"&G SURVBMG\&MTn&h0UMS\2007%c21,120-c2.&@ A - 4 EXHIBIT"A" THENCE South 56 deg. 59 min. 43 sec. West along the South line of this tract a distance of 27.50 feet to the Southwest corner and PLACE OF BEGINNING and containing in area 275 square feet or 0.0063 acres of land, more or less. Surveyed: September,2007 'jb-H ti�R.s(BUO�.v.y�OyD4 GE '-*•A 4583 S R. (Bob Hodges, R. L.S. #45-8'3` Note: An Exhibit of even date (Exhibit `B") is being submitted with and being made a part of this Metes and Bounds Description. Bearings referenced to the Common Lot line of Lots 2, 4 and 5, Block 1, Parkdale Mall Addition—North 32 deg. 00 min. 00 sec. West—as platted. Page 2of2 Morn;rave\A&GM&G SU vRyWG\MTBS&B0UMSl2007%ML-12o-G2.&c A -5 EXHIBIT`°A" METES AND BOUNDS DESCRIPTION FOR A 10 FEET WIDE WATERLINE EASEMENT OUT OF LOT 2,BLOCK 1,PARKDALE MALL ADDITION, SITUATED IN THE F. BIGNER SURVEY,ABSTRACT NO. 1, BEAUMONT,JEFFERSON COUNTY,TEXAS WATERLINE EASEMENT"D" Being a 10 feet wide tract or parcel of land for casement purposes out of Lot 2, Block 1 of the Parkdale Mall Addition as recorded in Volume 14, pages 245 and 246 of the Map Records, County Clerk's Office, Jefferson County, Texas,said Lot 2, Block 1 also being that same tract of land (called 12.00 acres) as conveyed by deed dated January 24, 2006 to the Parkdale Mall Associates, L.P., recorded in Clerk's File No. 2007004430 of the Official Public Records of Real Property of said County, as situated in and a part of the F. Bigner Survey, Abstract No. 1 of said County and being more particularly described by Metes and Bounds as follows; FOR LOCATIVE PURPOSES, commence at a 3/4" steel rod found marking the Northwest corner of Lot 5, Block 1 and an original "E11"corner of Lot 2, Block 1, this point now being located on the upper East line of Lot 2, Block 1 and marks the relocated middle West line and Southwest comer of Lot 9, Block 1 according to the Amended Plat of Revised Lot Lines for Lots 2 and 4, Block 1 and Lots 2 and 9, Block 1 as recorded in Clerk's File No. 200/006814 of said Official Public Records, said Lot 9, Block 1 being that same tract of land as conveyed by deed dated September 24, 1986 to Parkdale Mall Associates, L.P., recorded in Film Code File No. 101-57-1081 of the Real Property Records of said County, THENCE North 31 deg. 58 min. 07 sec. West along the said relocated upper East line of Lot 2 and relocated West line of Lot 9 a distance of 306.70 to an angle point for corner; THENCE South 58 deg. 00 min. 00 sec. West a distance of 20.10 feet to the Southeast corner and PLACE OF BEGINNING of the herein described tract of land; THENCE South 58 deg. 00 min. 00 sec. West along the South line of this tract a distance of 10.00 feet to a point marking the Southwest corner of the herein described tract of land; THENCE North 32 deg. 00 min. 00 sec. West along the West line of this tract a distance of 62.50 feet to a point marking the Northwest corner of the herein described tract of land; Page 1 of 2 UA&e.X a a�A&GV."SMVEVWG\&mm&BOIIM=0071CBL 20-D&c A EXHIBIT"A" THENCE North 58 deg. 00 min. 00 sec. East along the North he of this tract a distance of 10.00 feet to a point marking the Northeast corner of the herein described tract of land; THENCE South 32 deg. 00 min. 00 sec. East along the East line of this tract a distance of 62.50 feet to the Southeast corner and PLACE OF BEGINNING and containing in area 625 square feet or 0.0143 acres of land,more or less. Surveyed: September,2007 EOFTF �:•Q� Fo:cs� JOHN R:(B08)HODGES � 4583 ° L.S. #4583 <'.9p �P Q, R.(Bo )Hodges, 9�o suRV�O �� Note: An Exhibit of even date (Exhibit `B') is being submitted with and being made a part of Us Metes and Bounds Description. Bearings referenced to the Common Lot line of Lots 2, 4 and 5, Block 1, Parkdale Mall Addition—North 32 deg. 00 min. 00 sec. West—as platted. Page 2 of 2 Naja%sernAA&0A&G SURV EYMMMETBS&D0UNDS120071C94 iso-1>&c A- r7 EXHIBIT"A" METES AND BOUNDS DESCRIPTION FOR A 10 FEET WIDE WATERLINE EASEMENT OUT OF LOT 2,BLOCK 1, PARKDALE MALL ADDITION, SITUATED IN THE F.BIGNER SURVEY,ABSTRACT NO. 1, BEAUMONT,JEFFERSON COUNTY,TEXAS WATERLINE EASEMENT"E" Being a 10 feet wide tract or parcel of land for easement purposes out of Lot 2, Block 1 of the Parkdale Mall Addition as recorded in Volume 14, pages 245 and 246 of the Map Records, County Clerk's Office, Jefferson County, Texas, said Lot 2, Block I also being that same tract of land (called 12.00 acres) as conveyed by deed dated January 24, 2007 to Parkdale Mall Associates, L.P., recorded in Clerk's File No. 2007004430 of the Official Public Records of Real Property of said County, as situated in and apart of the F. Bigner Survey, Abstract No. 1 of said County and being more particularly described by Metes and Bounds as follows; FOR LOCATIVE PURPOSES, commence at a PK Nail in asphalt found marking the most Northerly corner of Lot 4, Block 1 located on the West line of Lot 5, Block 1 and marking an angle point for comer of Lot 2,Block 1; THENCE South 28 deg. 09 min. 19 sec. West along the said West line of Lot 4 with the East line of Lot 2, passing at a distance of 118.70 feet the original Northwest corner of Lot 4 and angle point corner of Lot 2 and continuing along the relocated West line of Lot 4 and East line of Lot 2 according to the Amended Plat of Revised Lot Lines of Lots 2 and 4 and Lots 2 and 9, Block 1, Parkdale Mall Addition, recorded in Clerk's File No. 2007006814 of said Official Public Records for a total distance of 128.29 feet to an angle for corner; THENCE North 61 deg. 50 min. 41 sec. West a distance of 173.38 feet to the Southeast corner and PLACE OF BEGINNING of the herein described tract of land; THENCE South 58 deg. 00 min. 00 sec. West along the South line of this tract a distance of 10.00 feet to a point marking the Southwest corner of the herein described tract of land; THENCE North 32 deg. 00 min. 00 sec. West along the West line of this tract a distance of 36.00 feet to a point marking the Northwest corner of the herein described tract of land; Page 1 of 2 1NAye4smveeA&0TA&G SMVEYWG1NMM&B0UM=0071CB1-I20-B.&c 5 I EXHIBIT"A" THENCE North 58 deg. 00 min. 00 sec. East along the North line of this tract a distance of 10.00 feet to a point marking the Northeast corner of the herein described tract of land; THENCE South 32 deg. 00 min. 00 sec. East along the East line of this tract a distance of 36.00 feet to the Southeast corner and PLACE OF BEGINNING and containing in area 360 square feet or 0.0083 acres of land, more or less. Surveyed: September, 2007 P,�E•Ofi.TF+ �;Q� � Fa•.N ......................................... JOHN R.�BOB�HODGES 4583 R. (Bob)Hodges, P.L.S. #4583 9 SURD Note: An Exhibit of even date (Exhibit `B") is being submitted with and being made apart of this Metes and Bounds Description. Bearings referenced to the Common Lot line of Lots 2, 4 and 5, Block 1, Parkdale Mall Addition—North 32 deg. 00 min. 00 sec. West—as platted. Page 2 of 2 hAgentsaveMAMA8G SURVBYM%MTFS&BOUNW%2007�CBGtYO•BA" t EXHIBIT"A" METES AND BOUNDS DESCRIPTION FOR A 10 FEET WIDE WATERLINE EASEMENT OUT OF LOT 4,BLOCK 1,PARKDALE MALL ADDITION, SITUATED IN THE F.BIGNER SURVEY,ABSTRACT NO. 1, BEAUMONT,JEFFERSON COUNTY,TEXAS WATERLINE EASEMENT"F" Being a 10 feet wide tract or parcel of land for easement purposes out of Lot 4, Block 1 of the Parkdale Mall Addition as recorded in Volume 14,pages 245 and 246 of the Map Records, County Clerk's Office, Jefferson County, Texas, said Lot 4, Block 1 also being that same tract of land as conveyed by deed dated September 24, 1986 to Parkdale Mall Associates, L.P., recorded in Film Code File No. 101-57-1081 of the Real Property Records of said County, as situated in and a part of the F. Bigner Survey, Abstract No. 1 of said County and being more particularly described by Metes and Bounds as follows; FOR LOCATIVE PURPOSES, commence at a PK Nail in asphalt found marking the most Northerly corner of Lot 4, Block 1 located on the West line of Lot 5, Block 1 and marking an angle point for corner of Lot 2,Block 1; THENCE South 28 deg. 09 min. 19 sec. West along the said West tine of Lot 4 with the East line of Lot 2, passing at a distance of 118.70 feet the original Northwest corner of Lot 4 and angle point corner of Lot 2 and continuing along the relocated West line of Lot 4 and East line of Lot 2 according to the Amended Plat of Revised Lot Lines of Lots 2 and 4 and Lots 2 and 9, Block 1, Parkdale Mall Addition, recorded in Clerk's File No. 2007006814 of said Official Public Records for a total distance of 283.25 feet to an angle for comer; THENCE South 61 deg. 50 min. 41 sec. East a distance of 13.47 feet to the Southwest corner and PLACE OF BEGINNING of the herein described tract of land; THENCE North 47 deg. 49 min. 09 sec. East along the West line of this tract a distance of 58.50 feet to a point marking the Northwest corner of the herein described tract of land; THENCE South 42 deg. 10 min. 51 sec. East along the North line of this tract a distance of 10.00 feet to a point marking the Northeast corner of the herein described tract of land; Page 1 of 2 N\A9@ C"a\A&0A&G RMVEyWGWETW&80M"\2W71CBL120-F.&c A-10 EXHIBIT"A" THENCE South 47 deg. 49 min. 09 sec. West along the East line of this tract a distance of 60.49 feet to a point marking the Southeast corner of the herein described tract of land; THENCE North 30 deg. 55 min. 18 sec. West along the South line of this tract a distance of 10.19 feet to the Southwest corner and PLACE OF BEGINNING and containing in area 595 square feet or 0.0137 acres of land,more or less. Surveyed: September,2007 ,��•OF TF� �Q'•'"�STF JOHN R.(BOB).HOOGES %' '4583 �!' O SUfRV /Ohn R. (Bob)Hodges, .P.L.S. #4583 7 Note: An Exhibit of even date (Exhibit `B") is being submitted with and being made a part of this Metes and Bounds Description. Bearings referenced to the Common Lot line of Lots 2, 4 and 5, Block 1, Parkdale Mall Addition—North 32 deg. 00 min. 00 sec. West—as platted. Page 2 of 2 OAQtnyxrvalA&GVA&C.SURVEYINGVdETES&"0u"".w-Ac9"12D-F.doe A -11 EXHIBIT"A" METES AND BOUNDS DESCRIPTION FOR A 10 FEET WIDE WATERLINE EASEMENT OUT OF LOT 4,BLOCK 1,PARKDALE MALL ADDITION, SITUATED IN THE F. BIGNER SURVEY,ABSTRACT NO. 1, BEAUMONT,JEFFERSON COUNTY,TEXAS WATERLINE EASEMENT"G" Being a 10 feet wide tract or parcel of land for easement purposes out of Lot 4, Block 1 of the Parkdale Mall Addition as recorded in Volume 14, pages 245 and 246 of the Map Records, County Clerk's Office, Jefferson County, Texas, said Lot 4, Block 1 also being that same tract of land as conveyed by deed dated September 24, 1986 to Parkdale Mall Associates, L.P., recorded in Film Code File No. 101-57-1081 of the Real Property Records of said County, as situated in and a part of the F. Bigner Survey, Abstract No. 1 of said County and being more particularly described by Metes and Bounds as follows; FOR LOCATIVE PURPOSES, commence at a PK Nail in asphalt found marking the most Northerly corner of Lot 4, Block 1 located on the West line of Lot 5, Block 1 and marking an angle point for corner of Lot 2, Block 1; THENCE South 28 deg. 09 min. 19 sec. West along the said West line of Lot 4 with the East line of Lot 2, passing at a distance of 118.70 feet the original Northwest corner of Lot 4 and angle point corner of Lot 2 and continuing along the relocated West line of Lot 4 and East line of Lot 2 according to the Amended Plat of Revised Lot Lines of Lots 2 and 4 and Lots 2 and 9, Block 1, Parkdale Mall Addition, recorded in Clerk's File No. 2007006814 of said Official Public Records for a total distance of 341.93 feet to an angle for corner; THENCE South 61 deg. 50 main. 41 sec. East a distance of 45.89 feet to the Northwest corner and PLACE OF BEGINNING of the herein described tract of land; THENCE North 89 deg. 21 min. 11 sec. East along the Notch line of this tract a distance of 7.66 feet to a point marking the Northeast corner of the herein described tract of land; THENCE South 00 deg. 38 min. 49 sec. East along the East line of this tract a distance of 10.00 feet to a point marking the Southeast corner of the herein described tract of land; Page 1 of 2 i WgengaervaURG1ARGSURVEYINGUHETES R B0UNDS\200TCBL120.G.doc EXHIBIT"A" THENCE South 89 deg. 21 min. 11 see. West along the South line of this tract a distance of 7.66 feet to a point marking the Southwest corner of the herein described tract of land; THENCE North 00 deg. 38 min. 49 sec. West along the West line of this tract a distance of 10.00 feet to the Northwest corner and PLACE OF BEGINNING and containing in area 75 square feet or 0.0018 acres of land,more or less. Surveyed: September, 2007 caf. .JOHN R:,4608�.HODGES "`.�0 4583 R. (Bob)Hodges,R. .L.S. #4583 �9tiF�ss��?�Q d �su... 9� � Note: An Exhibit of even date (Exhibit "B') is being submitted with and being made a part of this Metes and Bounds Description. Bearings referenced to the Common Lot line of Lots 2, 4 and 5, Block 1, Parkdale Mall Addition—North 32 deg. 00 min. 00 sec. West—as platted. Page 2 of 2 \Ugmg A&G%A&G SUVBN0STESABOUN MMACBL 120-0.4w A43 EXHIBIT"A" METES AND BOUNDS DESCRIPTION FOR A 10 FEET WIDE WATERLINE EASEMENT OUT OF LOT 4,BLOCK 1,PARKDALE MALL ADDITION, SITUATED IN THE F. BIGNER SURVEY,ABSTRACT NO. 1, BEAUMONT,JEFFERSON COUNTY,'TEXAS WATERLINE EASEMENT"H" Being a 10 feet wide tract or parcel of land for easement purposes out of Lot 4, Block 1 of the Parkdale Mall Addition as recorded in Volume 14, pages 245 and 246 of the Map Records, County Clerk's Office, Jefferson County, Texas,said Lot 4, Block 1 also being that same tract of land as conveyed by deed dated September 24, 1986 to Parkdale Mall Associates, L.P., recorded in Film Code File No. 101-57-1081 of the Real Property Records of said County, as situated in and a part of the F. Bigner Survey,Abstract No. 1 of said County and being more particularly described by Metes and Bounds as follows; FOR LOCATIVE PURPOSES, commence at a PK Nail in asphalt found marking the most Northerly comer of Lot 4, Block 1 located on the West line of Lot 5, Block 1 and marking an angle point for corner of Lot 2, Block 1; THENCE South 28 deg. 09 min. 19 sec. West along the said West line of Lot 4 with the East line of Lot 2, passing at a distance of 118.70 feet the original Northwest corner of Lot 4 and angle point corner of Lot 2 and continuing along the relocated West line of Lot 4 and East line of Lot 2 according to the Amended Plat of Revised Lot Lines of Lots 2 and 4 and Lots 2 and 9, Block 1, Parkdale Mall Addition, recorded in Clerk's File No. 2007006814 of said Official Public Records for a total distance of 419.45 feet to an angle for comer; THENCE South 61 deg. 50 min. 41 sec. East a distance of 65.44 feet to the Northwest corner and PLACE OF BEGINNING of the herein described tract of land; THENCE South 61 deg. 28 min. 00 sec. East along the North line of this tract a distance of 17.57 feet to a point marking the Northeast corner of the herein described tract of land; THENCE South 02 deg. 32 min. 51 sec. East along the East line of this tract a distance of 11.68 feet to a point marking the Southeast corner of the herein described tract of land; Page i of 2 1U engscrverU&G1A&G SllRVEYINGVvB'fESk BOUND51200TCBL•120-H.doe A-G EXHIBIT"A" THENCE North 61 deg. 28 min. 00 sec. West along the South line of this tract a distance of 23.60 feet to a point marking the Southwest corner of the herein described tract of land; THENCE North 28 deg. 32 min. 00 sec. East along the West line of this tract a distance of 10.00 feet to the Northwest corner and PLACE OF BEGINNING and containing in area 206 square feet or 0.0047 acres of land,more or less. Surveyed: September, 2007 �P��'OFrF g.:°�G1sTF9.•.t � F..0p JOH o oe R..(808)ifpps 83 '1'Q•S•• SIOt o R. (Bob)Hodges,R .L.S. #4583 .FvSV�,� 7 Note: An Exhibit of even date (Exhibit `B") is being submitted with and being made a part of this Metes and Bounds Description. Bearings referenced to the Common Lot line of Lots 2, 4 and 5, Block 1, Parkdale Mall Addition—North 32 deg. 00 min. 00 sec. West— as platted. Page 2of2 A-115 genpemcAA&G\A&G SURVEYINGVd&TPS&EGUWDS170071CBL-170-Rdoc EXHIBIT"A" METES AND BOUNDS DESCRIPTION FOR A 10 FEET WIDE WATERLINE EASEMENT OUT OF LOTS 3 AND 4,BLOCK 1,PARKDALE MALL ADDITION, SITUATED IN THE F. BIGNER SURVEY,ABSTRACT NO. 1, BEAUMONT,JEFFERSON COUNTY,TEXAS WATERLINE EASEMENT"J" Being a 10 feet wide tract or parcel of land for easement purposes out of Lots 3 and 4, Block 1 of the Parkdale Mall Addition as recorded in Volume 14, pages 245 and 246 of the Map Records, County Clerk's Office, Jefferson County, Texas, said Lot 4, Block 1 also being that same tract of land as conveyed by deed dated September 24, 1986 to Parkdale Mall Associates, L.P., recorded in Film Code File No. 101-57-1081 of the Real Property Records of said County, said Lot 3, Block 1 also being that same portion of Lot 3 (called Tract 2 — 3.0447 acres) as conveyed by deed dated September 11, 2003 to CBL/Parkdale Crossing, L.P., recorded in Clerk's File No. 2003038071 of the Official Public Records of said County, as situated in and a part of the F. Bigner Survey,Abstract No. 1 of said County and being more particularly described by Metes and Bounds as follows; FOR LOCATIVE PURPOSES, commence at an "X" in concrete found located on the North line of Lot 3, Block 1 marking the Southeast comer of Lot 4, Block 1 and the Southwest corner of Lot 5,Block 1; THENCE along the South line of Lot 4 with the North line of Lot 3 and a curve to the right having a radius of 1237.35 feet, a central angle of 12.deg. 01 min. 42 sec., an are distance of 259.76 feet, a chord distance of 259.28 feet and a chord bearing of North 75 deg. 21 min. 08 sec. West to the PLACE OF BEGINNING of the herein described tract of land; THENCE South 28 deg. 43 min. 19 sec. West along the East line of this tract across Lot 3 a distance of 21.50 feet to a point marking the Southeast corner of the herein described tract of land; THENCE North 61 deg. 16 mien. 41 sec.West along the South line of this tract a distance of 10.00 feet to a point marking the Southwest comer of the herein described tract of land; Page 1 of 2 \MgeeP.1A&G1 &-GSURWIM01i41TO&BOUMOS121*71C8L12041 04 4� EXHIBIT"A" THENCE North 28 deg.43 min.. 19 sec. East along the West line of this tract across Lots 3 and 4 a distance of 73.50 feet to a point marking the Northwest corner of the herein described tract of land; THENCE South 61 deg. 16 min. 41 sec. East along the North line of this tract across a distance of 10.00 feet to a point marking the Northeast corner of the herein described tract of land; THENCE South 28 deg. 43 min. 19 sec. West along the East line of this tract a distance of 52.00 feet to the PLACE OF BEGINNING and containing in area 735 square feet or 0.0168 acres of land,more or less. Surveyed: September, 2007 �E OF TF ' SST �F9F 9N JOHN R;(90B�ii0RGE8 490 4583 P`' Jo Wk. (Bob)Hodges,R. .S.#4583 ............. Note: An Exhibit of even date (Exhibit `B') is being submitted with and being made a part of this Metes and Bounds Description. Bearings referenced to the Common Lot line of Lots 2, 4 and 5, Block 1, Parkdale Mall Addition—North 32 deg. 00 min. 00 sec. West—as platted. Page 2 of 2 A-117 NA9--9' -111 GA&G,10kVBYQJG1"1'111 BOUND=.71CBL-120-Idoc r-- PARKDALE MALL ASSOCIATES.LP LOTS G=RED&ROCK 1910HER SURVEY 32.958 ACRE RESIDUE 610538165 EASTEX FRWY. At MSTRACT NO. 9 OSI01.57.6 BEAUMONT.TX77706 FCM 101.57.1061 R.P.RJ.C. +�� AMENDED PLAT REVISED LOT LINES LOTS 2 AND S.BLOCK 1 PAPJ(OALE MALL ADDITION 69'09'8'E 4/O Na1 .P CFO 2007008814 a e 19 '0 Y� (NOW PART OF LOT 9) 625 SO FT.Q BOA F I 0, i �O 11,031 SO FT. ESMT'D• POS 0 S Al2 ESMT'A' COJ.O'+iP i A11, c y �o i 0 100 200 i A 6 431,432 SO FT. 275 80 FT. �A • SCALE IN FEET A17 > Tm �6;0. A R 1it ii Al 7 RESIDUE OF LOT 2 ESMT•C' • 1/4- t S0. B PARKDALE MALL ADDITION �: c �N 44 i i 21 S OCa 4 POC § VOL. 14 PAGE 246 & S46 RA.R.J.C. ESMT C F"0 ° 0 °a 3/4' I ESMT O SR. �a POC LOTS 2 6175 EASTER FRWY. ' 380 SO FT. re) ESMT E BEAUMONT,TX 77706 Not N ESMT F 0. wwwit ESMT G MACY'S TX f,LP i ESMT'E' a S\POB ^d ESMTH 15.8478 ACRES 1 -'\•[� `'°AM D PLAT 01=12006 LOT 2 'lEVISED OT LINES CFN 2006005098 8475 EASTEX FRWY. LOTS 04 O.P.R.J.C. BEAUMONT,TX 77706 ^�,` LOTS 2AND BLOCK 1 PARKDALE MALL ASSOCIATES,LP •4 PARKCFO MALI 1TION i 12.00 ACRES cF620070.0 11 •�' O.P.RJ.C. POC F"D 1 CFM 011/24=07 007004{30 (NOW PART OF L 6 625 SO FT, ESMTA 3/4• A27 0. 14 A 3 A28 O.P.RJ.C. o 0 A29 ei * S96 SO FT. PO$SMT'B' i Poe 0.013 S /p ESMT'F• ----- POB F2F6 75 SO FT. "'o u 0.00 6 S Qy ---..__._.._-A33- \-. C� ESMT'O' Q;R EXISTING 10'WATER LINE EASEMENT\`� •t' �"'�,�L' IN FAVOR OF THE i rte\ ROgQ •� ? Poe 206 30 FT. LOT 4 CITY OF BEAUMONT i i •.` S 4255.4266,4275 ESMT'H' 09117/2004 i 41 DOWLEN ROAD CFK 2004036643 BEAUMONT.TX 77706 d, O.P.R.J.C. \�� •F1 PARKDALE MALL ASSOCIATES,LP 3 ACRE RESIDUE LOT 1 - w 09/24/1986 u FCO*01-57-1081 �1 • 'Y R.P.R.J.C. CBL/PARKDALE CROSSING LP Oc 8.1207 1 n� CT 1 �'\`\\' 'SO FT. 1' .� \- 5 CF6 8071 T�'r is7ER . .RJ.O. z � ;� B JJ N ........... ... F- TRACT 2 G z 3.0447 ACRES "�•-- v: ESMT 8 4W3 - 1\ ESMT J •••�0 CBLNARKOALE CROSSING.LP yA� 3.0447 ACRES TRACT 2 'YO• LOT 2 0911172003 CFA2003038071 O.P.R.J.C. NOTES: DOWLEN ROAD SEE PAGE 2 FOR LINE TABLE DATA. 100• R.O.W. BEARINGS REFERENCED TO 7HE COMMON LINE OF LOTS 2. 4 & 5, BLOCK 1 PARKDALE MALL ADDITION N 3700'00' w — AS PLATTED EXHIBIT"B" 10 FEET WIDE WATER LINE EASEMENTS DACE A. B, C, D, E, F, G, H AND J OUT OF LOTS 1, 2, 3, 4, SAND 9, BLOCK 1 ARCENSAUX do GATES PARKDALE MALL ADDITION OE Et CO6�� ��� �O°•Enpnsen Sumyora Planners BEAUMONT, JEFFERSON COUNTY, TEXAS 2 0 3601 Tarue Creek Orin.Suite 102 Odin G Port Arthur.Texas?7642 rosr 41aea n71a (409)784-7886 DATE: SEPTEMBER 2007 SCALE: 1"=200' DRAWN: TMR PROJ. No.: CBL-120 VER.: AutoCAD 2008 CHECKED: JRH EASEMENT"A" EASEMENT"D" BEARING LENGTH BEARING LENGTH Al S 61'50'417 E 23539 DI N 1'58 0 W 306.70' A2 N 25'24'34" E 31.45' 02 S 58'00'00" W 20.10' A3 N 5908'49' W 82.13" 03 S 58'00'00" W 10.00' A4 N 35'00'19" W 86.79' 04 N 32'00'00" W 62.50' AM SEE CURVE TABLE 05 N 5900'00" E 10.00' A5 N 1715'51' W 76.20' 06 S 32'00'00" E 62.50' A6 N 01'04'05" w 225.07' A7 N 28'09'19" E 317.22' EASEMENT"E" AB S 61.39'01" E 210.29' A9 S 5753'18" W 11.49' BEARING LENGTH Ai0 N 61'39'01" W 194.59' E1 S 28'09'19" W 128.29' All S 26'09'19" W 280.65' E2 N 61'50'41" W 173.38' Al2 S 61'50'41" E 5.87' E3 S 58'00'00" W 10.00' A13 S 26'09'19" W 10.00' E4 N 3700'00" W 36.00' A14 N 61'50'41' W 5.87' E5 N 5600'00" E 10.00' A15 S 28'09'19" W 9.58' E6 S 32'00'00" E 36.00' A16 S 61'50'41" E 5.87' All S 28.09'19" w 19.03' EASEMENT"F' A18 N 61'50'41" w 2.71' BEARING LENGTH A19 S 91'04'05" E 94.66' A20 N 88'55455' E 10.11' r S 28'09'19" W 283.25' F2 S 61'50'41" E 13.47' A21 S 01'04'05" E 10.00' F3 N 47.49'09" E 58.50' A2 S 88'55'55" W 10.11' F4 S 42'10'51" E 10.00' A23 3 S 07'04'05" £ 110.35' F5 S 47.49'09" W 60.49' A24 S 12'15'51" E 74.53' AA2 SEE CURVE TABLE fb N 30'55'18" W 10.19' A25 S 35'00'19" E 84.09' A26 S 5608'49" E 45.47' EASEMENT "G" A27 N 31'36'41" E 14.00' BEARING LENGTH A28 S 58'23'19' E 10.00' G 1 S 28 09'19" W 341.93' A29 S 37'36'41" W 14.00' G2 S 61'50'41" E 45.89' A30 S 58'08'49" E 33.55' G3 N 89'21'11" E 7.66' A31 S 25'24'34" W 54.56' G4 S 00'38'49" E 10.00' A32 N 59'15'50" W 5.92' G5 S 89*21'lI" W 7.66' A33 S 90'00'00" W 4.55' G6 N 00'38'49" W 10.00' A34 N 25'24'34" E 15.58' CURVE TABLE EASEMENT"H" ARC DELTA RADIUS CH CB BEARING LENGTH H 1 S 28'09'19 W 419.45' Ml 07'28'25' 278.58' 36.61' N 23'21'08" W H2 S 61.50'41' E 65.44' AA2 33.71' 07'11'29" 268.58' 33.69' S 23'51.23" E H3 S 61'28'00" E 17.57' EASEMENT"B" H4 S 02'32'51" E 11.68' H5 N 61'28'00" w 23.60' BEARING LENGTH LH6 N 28'32'00" E 10.00' BI N 3700'00" w 549.11' EASEMENT"J" 82 N 58'00'00" E 31.63' 63 N 29'53'34" W 62.50' BEARING LENGTH 64 N 5600'00" W 10.00' JJ1 SEE CURVE TABLE 85 S 29'53'34" E 62.50' J S 28'43'19" W 21.50' 86 S 58'00'00" W 10.00' J2 N 61'16'41' W 10.00' J3 N 2643.19" E 73.50' EASEMENT"C" J4 S 61*16'41" E 10.00' BEARING LENGTH JS S 28'43'19'W 52.00' 71 N 5600'52" E 98-02' CURVE TABLE C2 N 32'00'00" W 7.46'' C3 N 33'00'17" w 10.00' All DELTA RADIUS CH CB C4 N 56'59'43" E 27.50' 6�1259.76' 12'01'42" 1237.35' 259.28' N 75'21'08" w CS S 33'00'17" E 10.00' C6 S 56'59'43' W 27.50' EXHIBIT"B" LINE TABLES PAGE FOR 10 FEET WIDE WATER LINE EASEMENTS 2 A. B, C, D, E, F, G, H AND J OUT OF ® ARCENSAUX & GATES LOTS 1, 2, 3,4, 5 AND 9, BLOCK 1 of ARCENHAUX COm" �e� m" PARKDALE MALL ADDITION 2 Bn111neers Surveyors Planners GATES a ,�, T�rtte ar..k Drw.,su1t. cos BEAUMONT. JEFFERSON COUNTY,TEXAS c,�,�acrim M4 Psrl Arthur.Ten.77462 Fee MAW tm p09)M-7888 DATE: SEPTEMBER 2007 SCALE: 1"=200' DRAWN: TMR PROJ. No.: CBL-120 VER.: AutoCAD 2008 CHECKED: JRH 1 c P. City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager -je 1P. PREPARED BY: Tom Warner, Public Works Director MEETING DATE: November 27, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide exclusive water line easement for fire hydrants to serve Macy's at Parkdale Mall on Eastex Freeway. RECOMMENDATION Administration recommends acceptance of the above named easement. BACKGROUND MACY'S TX I LP has agreed to a ten foot (10) wide exclusive water line easement to the City o f Beaumont. The easement is located at Parkdale Mall on Eastex Freeway and will provide ]mandatory access for fire prevention services for Macy's at Parkdale. The easement would also allow for the construction, alteration, operation and maintenance of the said water lines and their appurtenances: Easement B - 10 foot wide exclusive water line easement out of Lot 5, Block 1, Parkdale Addition [0.0143 acre]. BUDGETARYIMPACT None. engfi re_macys-ib.wpd 16 November 2007 EXHIBIT"A" METES.AND BOUNDS DESCRIPTION FOR A 10 FEET WIDE WATERLINE EASEMENT OUT OF LOT 5,BLOCK 1,PARKDALE MALL ADDITION, SITUATED IN THE F.BIGNER SURVEY,ABSTRACT NO. 1, BE.AUMONT,JEFFERSON COUNTY,TEXAS WATERLINE EASEMENT `B" Being a 10 feet wide tract or parcel of land for easement purposes out of Lot 5, Block I of the Parkdale Mall Addition as recorded in Volume 14, pages 245 and 246 of the Map Records, County Clerk's Office, Jefferson County, Texas, said Lot 2, Block I also being that same tract of land (called 15.6476 acres) as conveyed by deed dated January 28, 2006 to Macy's TX 1, L.P., recorded in Clerk's File No. 2006005098 of the Official Public Records of Real Property of said County, as situated in and a part of the F. Signer Survey, Abstract No. 1 of said County and being more particularly described by Metes and Bounds as follows; FOR LOCATIVE PURPOSES, commence at an "X" in concrete found marking the Southwest corner of said Lot 5, Block 1 and the Southeast corner of Lot 4, Block 1; THENCE North 32 deg. 00 min. 00 sec. West along the said West line of said Lot 5 and East line-of said Lot 4 a distance of 549.11 feet to an angle point for corner; THENCE North 58 deg. 00 ruin. 00 sec. East a distance of 31.63 feet to the Southwest comer and PLACE OF BEGINNING of the herein described tract of land; THENCE North 29 deg. 53 min. 34 sec. West along the West line of this tract a distance of 62.50 feet to a point marking the Northwest corner of the herein described tract of land; THENCE North 58 deg. 00 min. 00 sec. East along the North line of this tract a distance of 10.00 feet to a point marking the Northeast comer of the herein described tract of land; THENCE South 29 deg. 53 min. 34 sec. East along the East line of this tract a distance of 62.50 feet to a point marking the Southeast corner of the herein described tract of land; THENCE South 58 deg. 00 min. 00 sec. West along the South line of this tract a distance of 10.00 feet to the Southwest corner and PLACE OF BEGINNING and containing in area 625 square feet or 0.0143 acres of land,more or less. Page 1 of 2 \Ugengserver\A&GU&G SUAVSY1NG%TBS&BOLTM\2007103L.120-B-2&c A- I EXHIBIT"A" Surveyed: September, 2007 FR�..9N JOHN--"........H ' ............. 4583...ODGESa R. (Bob)Hodges, P.L.S. 94583 'g2 °�SS,ptyQOQ s�RV� Note: An Exhibit of even date (Exhibit `B") is being submitted with and being made a part of this Metes and Bounds Description. Bearings referenced to the Common Lot line of Lots 2, 4 and 5, Block 1, Parkdale Mall Addition—North 32 deg. 00 min. 00 sec. West—as platted. Page 2 of 2 \\Agengza crlA&G\A&GSURVEYINGNM-TES&BOUNMS\200'ACBI,•120-B•2.&O A —A PARKDALE MALL ASSOCIATES,LP LOT (FREDERICK MIGROER SURVEY 32.958 ACRE RESIDUE 09/201986 610566155EASTEXFRWY. A®S TRAa~1r FC9 101-57.1081 BEAUMONT,TX 77706 R.P.R.J,C. ��� AMENDED PLAT REVISEO LOT LINES LOTS 2 AND 4 AND .CA 4 LOTS 2 AND 9,BLOCK I '17 50 R. PARKDALE MALL ADDITION 8170.1 tg,f O ASb •90 a CRI 2007000814 O.P.R.J.G Ee t p4 S��O O,p,�'• (NOW PART OF LOT 9) 625 SO FT. �� !OA Z� 0.0 4 A R S POB 11,031 SO FT. ESM7'O' 'yR <,+a ! ti 0. •A' S !O O� � � �� A ESMT AQ `' ,y ! f 0 100 200 A* 431,432 SQ FT, O� ��. 275 SO FT. !°a o !"� SCALE IN FEET A16 9_§N_A_CWS od 0.0063 A A e x A18 RESIDUE OF LOT 2 4 ESMT'C C - iy 20 PARKDALE NaLL WDITION C PObtt� 2A21 MLOCK 4 v dye cPJt� VOL, 14 PAGE 246 91 263 FA.R.J.C. EsM a 3j4. $ ESMT D S.R. sB POC LOT 5 360 SO FT, IL ESMT E 6175 EASTER FRWY. 0.008 A 111A w ESMT F BEAUMONT,TX 77706 ESMT O ' E MACYS TX 1,LP ASPIKT ESMT H SMT'E' �+ POB o 15.6478 ACRES AME ED PLAT 01r28/2ooe LOT 2 •\ REVISED OT LINES CFA12006005095 6475 EASTER FRWV. LOTS 2 O 4 O.P.R.J.C. BEAUMONT,TX 77708 ^b: LOTS 2AND BLOCK 1 PARKDALE MALL DOITION - PARKOALE MALL ASSOCIATES,LP ,��` CFR 2007II 14 7 52.00 ACRES y� O.P.RJ.C_ i 01/24/2007 POC NOW PART OF LO 6 ESMT A r1q A27 CF9 2007004430 (NOW SQ FT, tit O.P.R.J.C. •$ 0. 14 A S S.R. 29 4b i 0.b' ' ESMT'B' y 595 0.0SOFT. Poe 0 POB 4 5 137 AC S �y ESMT'F' -t'.. POB F6 75 80 FT. F2 II __..._...... PO 0.0018 ACRES Q� .... �. •.. 3 ESMT'G' $0 AJ2 M9< r s°m cs EXISTING 10'WATER LINE IN FAVOR OF THE POB 206$O FT. LOT 4 CITY OF BEAUMONT h `�\ 4 A `R 4255,4265,4275 09/17/2004 I' ��,� 597. ESMT W OOWLEN ROAD CF92004036643 BEAUMONT,TX 77706 Bj O.P.R.J.C. `�`��. SFr! PARKDALE MALL ASSOCIATES,LP \ 7 3ACRE RESIDUE LOT 1 ` $ 09/2411988 FCIr 10t=57.1081 FL R.J.C. 3f1••. CBL/PARKDALE CROSSING LP SAl •.,��..., 735 SO FT ,O 9.1207 ACRES TRACT 1 09/11/2003 A S CF9 2003038071 V .'n O.P.R.J.C. V Zz' Poe •0.'V V. �J7'` n+o Y' .... .... TRACT 2 ~`\` "�'•U/ x S i 3.0447ACRES S `- . nW LOT 3 `�pOG` ,4 .`}„L J ESMT B -� • l'.•.A 458 4z' Q ESMT) JJ'' 'L" ♦ CBUVARKDALE CROSSING,LP . ' CJ 3.0447 ACRES TRACT 2 09111/2003 Rv LOT 2 CFA 2003038071 O.P.R.J.C. NOTES: DOWLEN ROAD SEE PACE 2 FOR LINE TABLE DATA, 100' R.O.W. BEARINGS REFERENCED TO THE COMMON LINE OF LOTS 2, 4 & 5, BLOCK I PARKDALE MALL ADDITION N 32.00'00' W - AS PLATTED EXHIBIT "B" 10 FEET WIDE WATER LINE EASEMENTS PAGE A, B, C. D, E, F, G. H AND J OUT OF 1 ® ARCENEAUX & GATES LOTS 1, 2, 3, 4, 5 AND 9, BLOCK 1 OF ARCENEAUX 0O1 owung Easineem Inc, PARKDALE MALL ADDITION k Engineers Surveyors Planners BEAUMONT, JEFFERSON COUNTY, TEXAS 2 GATES 0 3501 T—it. C-1c Sri...S.A. 102 COR1V.rlt(xcrKCRS,K. Pori Arthur Teeo 77642 NRI.Ai»w'Ims (409) 724-7658 DATE: SEPTEMBER 2007 SCALE: 1"=200' DRAWN: TMR PROJ. No.: CBL-120 VER: AufoCAD 2008 CHECKED: JRH A-3 EASEMENT"A" EASEMENT"D" BEARING LENGTH BEARING LENGTH All S 61'50'41" E 235.39' 01 N 1'580 W 306.70' A2 N 25'24'34' E 31.45' 02 S 58'00'00" W 20.10' A3 N 58'08'49" IN 82.13" 03 5 58'00'00" w 10.00' A4 N 35'00'19' W 86.79' D4 N 32'00'00" W 62.50' AA1 SEE CURVE TABLE DS N 58'00'00" E 10.00' AS N 12'15'51" w 76.20' 06 S 32'00'00" E 62.50' A6 N 01'04'05" W 225.07' A7 N 28.09'19" E 317.22' EASEMENT"E" A8 S 61'39'01" E 210.29' A9 S 5753'18" W 11.49' BEARING LENGTH A10 N 61"39'01" W 194.59' El 5 28'09'19" W 128.29' All S 28'09'19" W 280.65' E2 N 61'50'41" W 173.38' Al2 S 61'50'41" E 5.87' EJ S 58'00'00" W 10.00' A13 S 28'09'19" W 10.00' E4 N 32'00'00" W 36.00' A14 N 61'50'41" W 5.87' ES N 58'00'00" E 10.00' A15 S 28'09'19' W 9.58' E6 S 32'00'00' E 36.00' A16 S 61'50'41" E 5.87' A17 S 28'09'19" w 19.03' EASEMENT"F" A18 N 61'50'41' w 2.71' BEARING LENGTH A19 S 01'04'05" E 94.66' A20 N 88'55'55" E 10.11' Ft S 28'09'19" W 283.25'A21 S 01'04'05" E 10.00' F2 S 68'50'41" E 13.47'A22 S 88'55'55" W 10.1 1' F3 N 47'49'09" E 58.50' F4 S 42'10'51' E 10.00' A23 S 01'04'05" E 110.35' FS S 47'49'09" W 60.49' A24 S 12'15'51" E 74,53' AA2 SEE CURVE TABLE F6 N 30'55'18" W 10.19' A25 S 35'00'19" E 84.09' A26 S 58'08'49" E 45.47' EASEMENT"G" A27 N 31*36'41" E 14.00' BEARING LENGTH A28 S 58'23'19" E 10.00' 01 S 28'09'19" W 341.93' A29 S 31'36'41" W 14.00' G2 S 61'50'41" E 45.89' A30 S 58708'49" E 33.55' G3 N 69'21'11" E 7.66' A31 S 25'24'34" W 54,56' G4 S 00'38'49" E 10.00' A32 N 59'15'50" w 5.92' 05 S 89'21'11" w 7.66' A33 S 9900'00" W 4.55' G6 N 00'38'49" W 10.00' A34 N 25'24'34' £ 15.58' CURVE TABLE EASEMENT"H" BEARING LENGTH ARC DELTA RADIUS CH CB H1 S 28'09'19" w 419.45' Am 36.34' 07'28'25' 278.58' 36.61' N 23'21'08" W H2 S 61'50'41" £ 65.44' AA2 33.71' 07'11'29" 268.58' 33.69' S 23'51'23" E H3 S 61'28'00" E 17.57' H4 S 02'32'51" E 11.68' EASEMENT "B" H5 N 61.28'00" W 23.60' BEARING LENGTH I HIS N 28'32'00" E 10.00' al N 32.00'00" w 549.11' EASEMENT"J" B2 N 58'00'00" E 31.63' B3 N 29'53'34" W 62.50' BEARING LENGTH B4 N 5600'00" W 10.00' JJ1 SEE CURVE-TABLE 85 S 29'53'34" E 62.50' J! S 28'43'19" W 21.50' 86 S 58'00'00" W 10.00' J2 N 61'16'41" W 10.00' J3 N 28'43'19" E 73.50' EASEMENT"C" J4 S 61.16'4!' E 16.66' BEARING LENGTH JS S 28'43'19" w 52.00' C1 N 58'00'52" E 98462' CURVE TABLE C2 N 32'00'00" W 7.46' C3 N 33'00'17" W 10.00' ARC DELTA RADIUS CH CB C4 N 56'59'43" E 27.50' CS S 33'00'17" E 10.00' JJ1 259.76' 12'01'42" 1237.35' 259.28' N 75'21'08" W C6 S 56'59'43" W 27.50' EXHIBIT"B" LINE TABLES PAGE FOR 10 FEET WIDE WATER LINE EASEMENTS 2 A, B, C, D, E, F, G, H AND J OUT OF ARCENEAUX do GATES LOTS 1, 2, 3, 4, 5 AND 9, BLOCK 1 OF [to -Engi�1rr Surveyors SPlaanneer PARKDALE MALL ADDITION 2 OSOI Turtle Creek DrI"<,Suits l02 BEAUMONT, JEFFERSON COUNTY, TEXAS c,Apw 0,�[at fc Port Arthur,TsssA 77642 ,W,AMR.I= (402)724-7065 DATE: SEPTEMBER 2007 SCALE: 1"=200' DRAWN: T61R PROD. No.: CBL-120 VCR.: AutoCAD 2008 CHECKED: JRH A - 4 D City of Beaumont �• Council Agenda Item � � TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: November 27, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of two (2) ten (10) foot wide exclusive water line easements for fire hydrants across Gulf Star Rental property located at 3385 West Cardinal Drive. RECOMMENDATION Administration recommends acceptance of the easements. BACKGROUND The owners of the properties listed below have agreed to convey two (2) ten(10) foot wide exclusive water line easements to the City of Beaumont. The easements cross Gulf Star Rental property located at 3385 West Cardinal Drive and will provide access to the water lines and fire hydrants for the property named. They would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. 1. 10 foot wide water line easement (0.0899 acre) out of Lots 28 and 29 of the M. C. Cartwright Subdivision Owners: NayFo Partners, Ltd. 2. 10 foot wide water line easement (0.0023 acre) out of part of Lot 29 of the M. C. Cartwright Subdivision Owners: Lomad, L.P. BUDGETARY IMPACT None. engfire_w-card-ib.wpd 21 November 2007 Exhibit "A" — Page I of 2 METES AND BOUNDS DESCRIPTION 0.0899 ACRE WATER LINE EASEMENT J. W. BULLOCK SURVEY ABSTRACT NUMBER 7 JEFFERSON COUNTY, TEXAS Being a Water Line Easement containing 0.0899 acres of land out of and a part of the J. W. Bullock Survey, Abstract Number 7, Jefferson County, Texas, and being out of and a part of Lot 28 and Lot 29, of the M. C. Cartwright Subdivision, recorded in Volume 4, Page 194, Map Records of Jefferson County, Texas, and being out of and a part of a 9.250 acre tract a5 conveyed by deed to NayFo Partners, Ltd., recorded in Clerk File Number 200701 9063, Official Public Records of Jefferson County, Texas, 5aid 0.0899 acre Water Line Easement being more particularly described by metes and bounds a5 follows: BEGINNING at a %2-inch iron rod found in the South right-of-way line of a public road known a5 U. S. Highway G9, 9G and 287, also known a5 Cardinal Drive, and being the Northeast corner of Bald 9.250 acre tract; THENCE, North 73 deg. 34 min. 12 sec. West, along the South right-of-way line of Said U. S. Highway G9, 9G and 287, also known a5 Cardinal Drive for a distance of 10.4 1 feet to a point for corner; THENCE, South 00 deg. 13 min. 28 sec. West, along the residue of Said 9.250 acre tract for a distance of 392.95 feet to a point for corner; THENCE, East, along the residue of saki 9.250 acre tract for a distance of 10.00 feet to a point in the East line of Said 9.250 acre tract; THENCE, North 00 deg. 13 min. 28 sec. East, along the East line of Said 9.250 acre tract for a distance of 390.00 feet to the POINT OF BEGINNING and containing 0.0899 acres of land. 07-459 0 F .� .«.. !� July 27, 2007 IST R�rO . � r .0 2512 \�• o�ESS� Notes: S U 1 . Bearings referenced to the East line of NayFo Partners, Lt5., called 9.250 acre tract, North 00 deg. 13 min. 28 sec. East. 2. Flat accompanie5 metes * bounds de5cr ption. EXHIBIT "A" - PAGE 2 OF 2 I7 S CjGxWAY FND. 1/2" I.R. \ 1y 7\12" ARDINAL6�R96 W\4e vE FWD. 1/2" I.R. P.O.B. FND. 1/2" I.R. LINE TABLE 9g2p LINE BEARING DISTANC Ll N733412 W 10.41 12 S73'59'09"E 24.91" 274 20 L3 EAST 110.00. FND. 1/2" L R. 0.0899 ACRE WATER LINE EASEMENT N 8.394 ACRE TRACT 8.541 ACRE TRACT REMAINING OUT OF REMAINING OUT OF 9.250 ACRES 44.782 ACRES C.F. NO. 2007019063 C.F. NO. 2000043951 J.C.0.P.R. i.C.O.P.R. 1" = 50' �n N M � s TyjwT o m LOT 28 M LOT Y0. CARTWRIGHT IVYISI N NOTIITO SCALE Y 9UHDR1 c M 9UBDNL9B)N rn w m N 98 � M A 287 Y O x SUB78CT PROPERTY LOT 29 ` LOT 35 Y.C. CARTWRIGHT YC. CARTWRIGHT SUBDIVLMN SUBDIVMN SURVEYED FOR- NAYFO PARTNERS, LTD. f U.S. HWY. 69, 96 & 287 !f CARDINAL DRIVE BEAUMONT, TEXAS 77705 I, J.D. MCCLENAN, DO HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE PLAT OF A 0.0899 ACRE WATER LINE EASEMENT IN THE J. W. BULLOCK SURVEY, ABSTRACT NUMBER 7, JEFFERSON COUNTY, TEXAS AND SHOWING NO IMPROVEMENTS THEREON. THERE ARE NO OVERLAPPING OF IMPROVEMENTS EXCEPT AS SHOWN HEREON. THE UNDERSIGNED SURVEYOR DOES NOT WARRANT OR SUBSCRIBE TO THE ACCURACY tO OR SCALE OF FLOOD ZONE INFORMATION WHICH IS DERIVED FROM THE ABOVE REFERENCED FLOOD INSURANCE RATE MAP. USE OF THIS SURVEY FOR W, ANY OTHER PURPOSE OR BY ANY OTHER PARTIES IS AT THEIR OWN RISK AND THE UNDERSIGNED SURVEYOR IS NOT RESPONSIBLE FOR ANY LOSS RESULTIN OIL c O rn P� G4STF'oF� FND. 1/2" L R�^p•,9 \ PREPARED BY. J. D. McCL ENAN THIS PROPERTY LIES IN FLOOD B—LINE SURVEYORS INC. = ZONE C AS INDICATED ON PANEL t 2 Q"�•� 480119 0245 B DATED 08/15/83 O •• '`£ wusver. A.M.ELUS a 07130107 S S U Rv CIVII ENGD7EERWG oac Registered Profs Surveyor r CCS r,� N A /LAND SURVEYING Texas Re&tration if mbsr 2512 GOSS arTc N/A P.O. BOX 2440 ORANGA TX 77851 Jw-m (409) 888-8898 A - 9 Exhibit "A" — Page I of 2 METES AND BOUNDS DESCRIPTION 0.0023 ACRE WATER LINE EASEMENT J. W. BULLOCK SURVEY AB5TRACT NUMBER 7 JEFFERSON COUNTY, TEXAS Being a Water Line Easement containing 0.0023 acres of land out of and a part of the J. W. Bullock Survey, Abstract Number 7, Jefferson County, Texas, and being out of and a part of Lot 29, of the M. C. Cartwright Subdivision, recorded in Volume 4, Page 194, Map Records of Jefferson County, Texas, and being out of and a part of a 8.54 1 acre tract as conveyed by deed to Lomad, L.P. a Texas limited partnership, recorded in Clerk ,_File. Number 2007034376, Official Public Records of Jefferson County, Texas, said 0.0023 acre WaVer Line Easement being more particularly described by metes and bounds as follows: B�GINWNG at a point in the West line of said 8.541 acre tract, being South 00 deg. 13 min. 28 sec. West, 380.00 feet from a V2-inch iron rod found in the South right-of- way line of a public road known as U. S. Highway 69, 9G and 287, also known as Cardinal Drive, and being the Northwest corner of said 8.54 1 acre tract; THENCE, South 00 deg. 13 min. 28 sec. West, along the West line of said 8.54 1 acre tract for a distance of 10.00 feet to a point for corner; THENCE, South 89 deg. 4G min. 30 sec. East, along the residue of said 8.54 1 acre tract for a distance of 10.00 feet to a point for corner; THENCE, North 00 deg. 13 min. 28 sec. East, along the residue of said 8.541 acre tract for a distance of 10.00 feet to a point for corner; THENCE, North 89 deg. 4G min. 32 sec. West, along the residue of said 8.54 1 acre tract for a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0023 acres of land. rI F 07-459 k4, G�"' F October 02, 2007 MCC' ENPN l:OGM AY.M•iwF A 2b12 V; / S U Notes: I . Bearings referenced to the East line of Nayfo Partners, Lts., called 9.250 acre tract, North 00 deg. J 3 min. 28 sec. East. 2. Plat accompanies metes * bounds description. A - _� EXHIBIT "A" - PAGE 2 OF 2 U S CIGX WAY A1�Dl 6g 2" I.R. y\IZry NAL DR9 FND. 1/ V N w\s• LINE TABLE FND. 1/2" I.R FND. 1/2" I.R. LINE LENGTH BEARING Se2�0 L1 10.00 S00.13'28"W 51 E L2 10.00 589'46'30"E L3 10.00 N00.13'28 7E Zy4t'0 L4. 10.00 N89'46'32"W FND. 1/2" LR. 8.394 ACRE TRACT REMAINING OUT OF 9.250 ACRES N C.F. NO. 2007019063 J.C.O.P.R 8.541 ACRE TRACT CLERK FILE NO. 2007034376 J.C.0.P.R REMAINING OUT OF 44.782 ACRES 1" = 50' o° C.F. NO. 2000043951 o J.C.0.P.R SARAH M I co VICINITY MAP Mc. WT 28 KC.c KC. CCAARIIMGHT NOT TO SCALE sUBDIVL4IOx ro 3UBDIVlSION i ' a 96 Y &287 I e SUBJECT PROPERTY l LOT 29 LOT 35 IM CARTWRIGHT 1LC. C1RT11RIGHT SUBDIVISION SUBDIVISION SURVEYED FOR: LAMAD, L.P., A TEXAS LIMITED PARTNERSHIP U.S. HWY. 69, 96 & 287 CARDINAL DRIVE BEAUMONT, TEXAS 77705 0.0023 ACRE WATER LINE EASEMENT I, J.D. MCCLENAN, DO HEREBY CERTIFY THAT THIS P.O.B. L4 IS A TRUE AND ACCURATE PLAT OF A 0.0023 ACRE t� WATER LINE EASEMENT IN THE J. W. BULLOCK SURVEY, ABSTRACT NUMBER 7, JEFFERSON COUNTY, TEXAS AND SHOWING NO IMPROVEMENTS THEREON. THERE ARE NO OVERLAPPING OF IMPROVEMENTS EXCEPT AS SHOWN HEREON. THE UNDERSIGNED SURVEYOR ro DOES NOT WARRANT OR SUBSCRIBE TO THE ACCURACY to OR SCALE OF FLOOD ZONE INFORMATION WHICH IS co DERIVED FROM THE ABOVE REFERENCED FLOOD INSURANCE RATE MAP. USE OF THIS SURVEY FOR ANY OTHER PURPOSE OR BY ANY OTHER PARTIES IS AT THEIR OWN RISK AND THE UNDERSIGNED SURVEYOR IS NOT RESPONSIBLE FOR ANY LASS m RESULT OM. o OF �� G1�i E�'•�$ nl FND. 1/2" LR.1 .�....w..�.....-...o_.»..�_ PREPARED BY: }, D. McC"_ENAN B—LINE SURVEYORS INC THIS PROPERTY LIES IN FLOOD \,o 2'I2 r (�� ZONE C AS INDICATED ON PANEL 480119 0245 B DATED 06/15/83 ' A.M.ELLIS cwn: 10102107 iY' S L D. McC ned CCS Registered Proleesional Surveyor °AMM ee GANG N A CIVB.BNCIIiEERD73/LAND SURVEYING Terre Regiotration Number 2512 GOSS wriro N/A P.O. BOX 2"0 ORANGE, TX 77831 Na (409) 883-8898 /A` _- 4 �r City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 27, 2007 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions-Receive a report from the Greater Beaumont Chamber of Commerce * Public Comment: Persons may speak on scheduled agenda items 1-2/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider accepting a 2007 Assistance to Firefighters Grant for the purchase of No Smoke exhaust removal systems for fire apparatus 2. Consider approving change orders related to the 911 Operations Center Project WORKSESSION * Review and discuss the permitting process for seismic testing within the city COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 November 27,2007 Consider accepting a 2007 Assistance to Firefighters Grant for the purchase of No Smoke exhaust removal systems for fire apparatus City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: C.A. "Pete" Shelton, Fire Chief MEETING DATE: November 27, 2007 REQUESTED ACTION: Council consider the acceptance of a 2007 Assistance to Firefighters Grant for the purchase of No Smoke exhaust removal systems for fire apparatus. RECOMMENDATION: Administration recommends approval of accepting a 2007 Assistance to firefighters Grant in an amount up to $237,500. The grant requires a 20%match from the city in an amount up to $47,500. BACKGROUND: The exhaust systems have been favorably reviewed and funded by Federal Emergency Management Agency(FEMA). The purpose of this project is to install an exhaust removal system on each of the diesel apparatus in the Fire Department. This will directly equip each apparatus with an individual, fully automatic, fully self-contained diesel exhaust filtration system, Exhaust systems are capable of capturing 100% of the vehicle exhaust emissions at the point of generation. The atmosphere in the apparatus bay, the living quarters of the stations, and the meeting rooms will be kept free of carbon monoxide and diesel exhaust. This system will lower the risk to personnel health, and provide cleaner city facilities, requiring less maintenance. BUDGETARY IMPACT: Funds are available for this expenditure in the Fire Department's Operating Budget. 2 November 27, 2007 Consider approving change orders related to the 911 Operations Center Project I ti j 79j: City Council Agenda Item m K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: November 27, 2007 REQUESTED ACTION: Council approval of Change Order Nos. 5, 6 and 7 for the 911 Operations Center. RECOMMENDATION The Administration recommends approval of Change Order Nos. 5, 6 and 7 for the 911 Operations Center totaling $60,080 to N&T Construction Company. BACKGROUND On April 3, 2007 Council awarded the construction contract for the 911 Operations Center to N&T Construction Company of Beaumont in the amount of$2,426,320. This award included Change Order No. 1 for a deduction of$7,680 from the original bid amount of$2,434,000 due to a discount offered by the elevator subcontractor. Change Order No. 2 was authorized by Council on August 14 in the amount of$24,321 for various interior renovations. Change Order No. 3 was authorized on October 9 in the amount of$15,640.50 for additional fire alarm components. Change Order No. 4 was authorized on October 16 for $13,427 for elevator modifications and for construction of additional office space. Change Order No. 5 includes additional costs for sheet vinyl flooring in excess of the allowance and deductions from the allowance for carpet and vinyl wall covering. Changes in electrical design were requested by the electrical engineer, Galewsky and Johnson. The total cost for Change Order No. 5 is $10,909. Change Order No. 6 provides for the installation of plumbing and electrical for a washer and dryer. Since this operations center will serve as the command center in the event of a disaster, the washer and dryer will be available to staff. The total cost of Change Order No. 6 is $5,015. Change Order No. 7 in the amount of$44,156 includes all labor, material, equipment and supplies for removing conduit and piping from the existing rooftop HVAC and re-routing all piping and conduit. During the renovation of the passenger elevators, it was discovered that the 911 Operations Center/Change Order Nos. 5, 6, and 7 November 27, 2007 Page 2 HVAC piping and conduit ran through the elevator shaft. This is a violation of the Texas Elevator Code and must be corrected before the elevators can be certified. It was unknown at the time of the design that the piping and conduit had to be re-routed to meet all elevator codes. The total cost of the Change Order is not to exceed $44,156. The work will be performed on a time and material basis not to exceed the total stated amount. Any savings will be adjusted on future change orders. Change Orders No. 5 and 6 totaling $15,924 will be deducted from the Contingency Allowance which does not affect original base cost of the contract. Change Order No. 7 will be an addition to the contract. Change Order No. 7 will increase the contract by $44,156 or 1.8%. The date of substantial completion remains unchanged. Copies of Change Order Nos. 5, 6, and 7 are attached for your review. BUDGETARY IMPACT Funds for Change Order No. 7 are available in the Capital Program. CHANGE MILTON BELL ASSOCIATES,Inc. ORDER 595 Orleans, Suite 711 Distribution to: Beaumont, Texas 77701 Owner 1Xj Contractor 1X1 Tel: 409/838-5378 Fax: 409/838-5017 Architect [X] Field 0 Consultants 0 Other 0 PROJECT: CONSOLIDATED DISPATCH/EOC CHANGE ORDER NO: FIVE(5) (Name,Addr—) MUNICIPAL COURTS BUILDING BEAUMONT,TEXAS 77701 INITIATION DATE: 25 OCT 2007 TO(Contractor): N&T CONSTRUCTION ARCHITECT'S PROJ NO: 0501 1376 LAUREL AVE. BEAUMONT,TEXAS 77701 CONTRACT FOR: GENERAL CONSTRUCTION CONTRACT DATE: APRIL 6,2007 You are directed to make the following changes m this Contract: The following contract change shall be deducted from the contract contingency allowance: 1. Make Electrical changes and additions requested in F.O.#4 and Galewsky/Johnston Letter dated October 2,2007. ADD $9,061.00 2, Add for additional cost for sheet vinyl flooring over the allowance ($6.60 vs. $2.75/SF) ADD $4,158.00 3. Deduct for difference in cost of carpet&allow DEDUCT ($ 1,360.00) 4. Deduct for differences in cost of VWC allowance DEDUCT ($ 1,398.00) 5. Add two disconnect switches(Items 4&5 G/J Letter dated Oct. 12,2007) ADD 448.00 Net Change $ 10,909.00 CONTINGENCY ALLOWANCE $71,000.00 Deduct Change from PREVIOUS CHANGE ORDERS (53,388.50) Contingency Allowance BAL.PRIOR TO THIS C. 0. 17,611.50 THIS CHANGE ORDER(#4) (10,909.00) CONTINGENCY BAL REMAINING $6,702.50 m Not Valid until signed by both the Owner and Architect. Signature ofthe Contractor indicates his agreement herewith,with,including any adjustment in the Contract Sum or Contract Time. 9f = 2 4 e h P The original (Contract Sum ( ) was...................................:......$2,426,320.00 OF S F� b Net change by previously authorized Change Orders................. _ ....................I................$ 0- The (Contract Sum)(^-^°- -*M-'ifivdMam^ prior to this Change Order was.....................$2,426 320.00 The (Contract Sum ' (rte..,.,...,. �,,.�.,.,:..,...,� ...) will be ( )( )(unchanged) by this Change Order................................................The new (Contract Sum)( ) including this Change Order will be......$2,426,320.00 The Contract Time will be(wffeased)(&ffmSed)(unchanged) by (--)Days. The Date of Substantial Completion as of the date of this Change Order therefore is FEBRUARY 24,2008 Authorized: Milton Bell Associates Inc.- N&T Construction The City of Beaumont CONTRACTOR OWNER 595 Orleans, Suite 711 1376 Laurel Avenue P.O. Box 3827 Address Address Beaumont TX 77701 Beaumont TX 77701 Beaumont, TX 77704 f BY gY BY DATE U O D 7 DATE 3 U U DATE CHANGE MILTON BELL ASSOCIATES,Inc. ORDER 595 Orleans, Suite 711 Distribution to: Beaumont, Texas 77701 Owner [xI Contractor [XI Tel: 409/838-5378 Fax: 409/838-5017 Architect [xl Field Consultants 0 Other PROJECT: CONSOLIDATED DISPATCH/EOC CHANGE ORDER NO: SIX(6) (Name,Address) MUNICIPAL COURTS BUILDING BEAUMONT,TEXAS 77701 E TTIATION DATE: 31 OCT 2007 TO(Contractor)* N&T CONSTRUCTION ARCHITECT'S PROD NO: 0501 1376 LAUREL AVE. BEAUMONT,TEXAS 77701 CONTRACT FOR: GENERAL CONSTRUCTION CONTRACT DATE: APRIL 6,2007 You are directed to make the following changes in this Contract: ' The following contract change shall be deducted from the contract contingency allowance: 1. Add electric,plumbing,and vent with furred drywall for washer and dryer as noted on Sketches SK-7,SKM-4,SKM-5 and SKE-6. ADD $3,886.00 2. Add 1"thick ceramic fiber insulation to kitchen hood exhaust duct as noted in Galewsky/Johnston letter dated October 17,2007. ADD 1,129.00 Net Change $ 5,015.00 CONTINGENCY ALLOWANCE $71,000.00 Deduct Change from PREVIOUS CHANGE ORDERS (64,297.50) Contingency Allowance BAL.PRIOR TO THIS C.O, 6,702.50 ` THIS CHANGE ORDER(#4) (5,015.00) R CONTINGENCY BAL REMAINING $1,687.50 Not Valid until signed by both the Owner and Architect. of � � -i Signature of the Contractor indicates his agreement herewith,including any adjustment in the Contract Sum or Contract Time. * . ! ! • b CO) The original (Contract Sum)(Geamateed NfiedmBm Go ) was..........................................$2,426,320.00 Net change by previously authorized Change Orders.................•.. -0- O F The (Contract Sum)(Geafenteed Mm6mum Go ) prior to this Change Order was.....................$2,426,320.00 �1 The (Contract Sum)(Guffffitwd MW Gost) will be (decreased)(unchanged) by this Change Order..................... The new (Contract Sum)( Maiffigs G") including this Change Order will be......$2,426,320.00 The Contract Time will be(ice eased)(&wwsed)(unchanged) by (—)Days. The bate of Substantial Completion as of the date of this Change Order therefore is FEBRUARY 24,2008 Authorized: Milton Bell Associates, Inc. N&T Construction The City of Beaumont CONTRACTOR OWNER 595 Orleans, Suite 711 1376 Laurel Avenue P.O. Box 3827 Address Address Beaumont.r TX 77701 Beaumont, TX 77701~ Beaumont TX 77704 BY ,"VW BY J BY DATE ��'�"'` �� DA� + , DATE CHANGE MILTON BELL ASSOCIATES,Inc. ORDER 595 Orleans, Suite 711 DisMbudon to: Beaumont,Texas 77701 Owner [X] Cofactor [x] Tel: 409/838-5378 Fax: 409/838-5017 Architect [XI Field p Consultants 0 Other a PROJECT: CONSOLIDATED DISPATCMEOC CHANGE ORDER NO: SEVEN(7) (Name,Address) MUNICIPAL COURTS BUILDING BEAUMONT,TEXAS 77701 INTTTATTON DATE: 31 OCT 2007 TO(Contractor): N&T CONSTRUCTION ARCHITECT'S PROJ NO: 0501 1376 LAUREL AVE. BEAUMONT,TEXAS 77701 CONTRACT FOR GENERAL CONSTRUCTION CONTRACT DATE: APRIL 6,2007 You are directed to make the following changes in this Contract: The following Change shall be added to the Original Contract Sum: 1. Remove existing refrigerant piping and conduit running from existing rooftop HVAC equipment(ACC-1&ACC-2)thru the penthouse and re-route as noted on attached SKM-4 and SKM-5,both dated 10-9-07. Work will be accomplished in accordance with Industry Standards and Project Specifications. 2. Work shall be accomplished on a time and material basis not to exceed the total Amount noted below. Any savings will accrue to the owner and will be adjusted on a future change order. 3. Contractor shall coordinate this work and a_y"down-time"for Building HVAC equipment with Mr.John Morgan(880-3792),City of Beaumont. MAXIMUM ADD TO CONTRACT: $ 44,156.00 Not Valid until signed by both the Owner and Architect. S0 M K • yI� Signature ofthe Contractor indicates his agreement herewith,including any adjustment in the Contract Sum or Contract Time. , The or ' (Contract Sum)( was..........................................$2,426,320.00 � ! y Net change b y p r e v i o u s l y a u t h o r i z e d Change Orders.......................................................$ -0- -9 2249 P l� 4} The (Contract Sum)( ) prior to thisFhange Order was.....................$2,426,320.00 Z . The (Contract Sum)(Gvmstwd Nlwdmum ) will be (increased)(deamased)(usekeaged) OF by this Change Order............... . $ 44,156.00 The new (Contract Sum)( ) including this Change Order will be......$2,470,476.00 The Contract Time will be )(deffmaed)(unchanged) by (—)Days. The Date of Substantial Completion as of the date of this Change Order therefore is FEBRUARY 24,2008 Authorized: Milton Bell Associates, Inc. N&T Construction The City of Beaumont CONTRACTOR OWNER 595 Orleans, Suite 711 1376 Laurel Avenue P.O. Box 3827 Address Address Beaumont. TX 77701 Beaumont, TX 77701 Beaumont, TX 77704 BY ' BY J BY DATE �� D��Q 7 DATE 1` , U1 DATE WORKSESSION Review and discuss the permitting process for seismic testing within the city C City Council Workshop c TO: City Council FROM: Kyle Hayes, City Manager CS G PREPARED BY: Chris Boone, Community Development Director SUBJECT: Seismic Testing Workshop MEETING DATE: November 27, 2007 COMMENT: The purpose of this memorandum is to provide a brief overview of the permitting process for seismic testing within the city and current requests to modify our current policies. Seismic Testing Overview The City of Beaumont regulates seismic survey activities within the city in order to ensure the protection of the public health and welfare of our citizens and their property. The current restrictions upon testing are outlined in the attached "Application for Seismic Testing Permit". The regulations control such things as when testing may be done (only Monday through Friday between the hours of 6:00 a.m. and 6:00 p.m. and not on legal holidays), the size of charges and the distance from structures, required insurance and required public notification. Seismic testing is conducted by two methods. One method involves blasting small charges placed underground and the other is the use of vibratory trucks that vibrate streets at select points. Sensors run across the ground to small boxes that collect the seismic activity data. This workshop is being conducted because two testing companies, Quantum Geophysical of Houston, Texas and Lake Ronel Oil Co. of Tyler and Orange, Texas have requested that the City depart from its existing policies with regard to blasting distances from structures. Current policies, as outlined in the application contain the following requirements: Distance from Nearest Structure Allowable Charge 0-2,000 feet None 2,000-5,000 feet 1 lb. Charge >5,000 feet Up to 5 lb. Charge Both companies have suggested that our current distance requirements are excessive and that studies have shown that smaller charges at closer distances can be safe for people and property. The companies have stated that a better way to ensure property is to use an independent third-party monitor to ensure that vibrations are not too excessive. This monitoring is based on"peak particle velocity"—movement of soil and vibration. They argue that while distances from structures will be less, the vibration will still fall below levels that might cause damage to properties. The two companies have submitted the following requested changes to our policies: Request by Quantum Geophysical: Distance from Nearest Structure Allowable Charge 430-575 feet 1.1 lb. Charge 576-715 feet 2.2 lb. Charge 680-945 feet 3.3 lb. Charge Also, Quantum Geophysical has requested that they be allowed to test on weekends and holidays. 2 Request by Lake Ronel Oil Co.: 1. Vibratory Testing Limit for Structures. No vibroseis operations shall be conducted closer than thirty feet (30') from any residential structure or building. 2. Seismographic Shot Limit. No explosive seismographic shot shall be detonated within three hundred feet(300') from any aboveground structure. 3. Limit as to Geophysical Operations Near Underground Facilities. No explosive seismographic shot shall be detonated within three hundred feet (300') from any pipeline or underground facility without the prior written consent of the pipeline or facility owner. 4. Peak Particle Velocity Limit. All ground vibrations, whether generated by explosives or surface vibrators, shall be operated below 0.5 in/sec Peak Particle Velocity. Permittee shall be required to provide instrumentation to measure Peak Particle Velocity in real time so that decisions as to seismographic operations can be made as geophysical operations progress. Persons, officers, agents, employees, subcontractors or assigns of Permitte must have the authority to halt vibratory operations when Peak Particle Velocity exceeds the amount specified in this paragraph. Lake Ronel Oil Co. also has requested a change in hours of operation to allow work on Saturdays. As a point of comparison, the City of Port Arthur, implemented a seismic testing standard approximately six years ago that is based on particle velocity and vibration levels, not on distance. Also, the National Fire Prevention Code regulates seismic testing based on particle velocity. The question to be considered by the City Council would be that while monitored charges closer to structures might be acceptable in terms of not damaging buildings or wells, the blasting would be occurring closer to homes and businesses and therefore should this type of testing be allowed under these standards? 3 Recommendation Through the use of an approved,third-party seismic monitoring company to ensure that vibrations don't exceed a certain level,modifications to the City's existing distances are recommended and are outlined in red in the attached draft copy of"Application for Seismic Testing Permit". We recommend no changes to day and time restrictions for testing. If you have any further questions,please do not hesitate to contact me at 880- 3167. Attch. 4 DRAFT CITY OF BEAUMONT APPLICATION FOR SEISMIC TESTING PERMIT Business Name: Business Phone: Business Address: Local Representative: Local Phone: Dates Requested: Work Location(Attach Map if necessary): THIS PERMIT IS GRANTED BY THE CITY OF BEAUMONT SUBJECT TO THE FOLLOWING CONDITIONS: PERMIT FEE: • $50 for basic permit,plus $100 for each shot hole on City property or right-of- way, or$1,200 per mile, or portion of mile, for mobile vibratory units on City property or right-of-way(not to be prorated). • Breakdown of costs for proposed work identified on page 5. WORK IDENTIFICATION: A map shall be provided showing the location of the proposed seismic survey, including cable routes and points of impulse, when applicable. (1"=200' City of Beaumont map or United States Geological Survey Map). WORK RESTRICTIONS: • DAYS/HOURS—Permittee shall conduct such drilling,blasting, or testing on week days only, (Monday through Friday)between the hours of 6:00 a.m. and 6:00 p.m. No blasting,drill vibratory testing,or hauling of equipment or materials will be allowed at night, on weekends or legal holidays. • BLASTING—Permittee shall regulate the use of explosives in the following manner: Distance from Nearest Structure Allowable Charge I . Vibrat_ury Testing_Limit_for Structures . No vibroseis operations shall be conducted closer than thirty feet (30') frorn any residential structure or building. ?. Se ism�grphic_Shot Limit. No explosive seismographic shot shall be detonated DRAFT within five hundred feet (500') from any aboveground structure. 3. Limit as to Geophysical Operations Near Underground Facilities. No explosive seismographic shot shall be detonated within three hundred feet (300') from any pipeline or underground facility without the prior written consent of the pipeline or facility owner. ADDITIONAL AUTHORIZATION: • Applicants shall employ a third party engineer(specializing in seismology), to be approved by the Director of Public Works, who shall be on the job site during the entire period of testing to mitigate any potential damage to public or private property. • Applicants shall obtain written permission from property owners before entering upon or crossing their property. • Using industry standard equipment and techniques, third party seismology technicians shall monitor and record during operations, all pertinent locations to ensure that no structure, water well, susceptible underground utilities or underground hazardous waste storage/disposal site is subject to a peak particle velocity greater than 0.5 inches per second. If peak particle velocity is greater than 0.5 inches per second, the third party seismology technician shall notify the City Engineer and cease all operations until corrections are made. Applicants shall maintain all documentation of monitoring activities for a period of at least four years and make said documentation available upon request for inspection by the City. • Applicant shall engineer all source locations (explosive charge size and depth, and vibratory source sweep frequency and drive levels or other geophysical sources) so that no structure, water well, or underground hazardous waste strorage/disposal site shall be subject to any peak particle velocity greater than 0.5 inches per second. The applicant shall conduct all the necessary engineering tests locally and provide all reports to the City in an appropriate format and timeliness for evaluation. • All required explosive permits shall be obtained from the Fire Marshal located at the Fire Department Headquarters, 400 Walnut, Beaumont, Texas (409) 880- 3905. • Any permits required by another governmental entity(County, State or Federal) shall be obtained from that entity and a copy of said permit will be provided to the City of Beaumont. If a permit is not required by said governmental entity, then documentation stating that shall be submitted to the City of Beaumont. 2 DRAFT • Permittee shall provide copies of all necessary agreements to be obtained from other City Departments. • Permittee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. • If streets are to be closed to traffic, a barricading permit is required from the Public Works Department/Engineering Division. (The permit fee is $10 plus $5 each day). Permittee shall provide barricades in accordance with the"Manual on Uniform Barricading Standards." INSURANCE/INDEMNIFICATION: • Permittee shall fiunish the City a Certificate of Standard Liability Insurance, including bodily injuries and property damage,naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage during the life of the permit: • Bodily Injuries: $300,000 per person, $1,000,000 per incident • Property Damage: $1,000,000 Such certificate shall contain a provision that at least fifteen(15)days written notice must be given to the City prior to cancellation, alteration, or modification or such insurance. • Permittee shall have in force with the City a performance bond in the principal amount of$1,000,000. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and bond will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this permit. The bond shall provide that it may not be canceled, altered, or otherwise modified without fifteen(15) days prior written notice to the City. The bond shall be good and in effect for a period of one(1)year from the date of completion of testing. • Permittee assumes full responsibility for any and all damages sustained. • Permittee agrees to indemnify and save harmless the City of Beaumont, its officers, agents, and employees form any and all liabilities, demands, actions, losses, damages, and costs. This covers all costs of defense caused by or resulting from the permittee's use or occupancy of the City of Beaumont's properties or rights-of-way, including but not limited to claims, liabilities, and actions based upon acts or omissions of negligence of not only the permitee,but also the City of Beaumont, its officers, agents, and employees. Upon demand, the permittee shall, at its own expense, defend the City of Beaumont, its agents, officers and employees, through legal counsel acceptable to the City. NOTIFICATION: • Permittee shall publish notices in the local newspaper in the manner and order 3 DRAFT setforth below: 1"Notice—to be published at least three(3) days prior to the start of any drilling, blasting, and/or vibratory testing. The notice shall run for one day. 2°d Notice—to be published on the day which drilling,blasting, and/or vibratory testing first begins. The notice shall run for one day. Such work may continue with no more than three (3) consecutive working days of non-production. If drilling, blasting, and/or vibratory testing does not occur during this time, another notice must be published on the day such work will restart. Additional notices must be re-published to coincide with intermittent work. The notice shall run for one day for each occurrence. Final Notice—to be published when any such drilling,blasting, and/or vibratory testing is approximately 50% complete. The notice shall run for one day. All notices shall appear in the Classified Section under Legal Noices. The notice shall indicate the scope of operations to be performed and will detail the approximate dates and time (starting and ending) and general location of work to be performed. The notices shall include the company's name, name of local contact, and local phone number for inquiries and complaints. The City of Beaumont, Engineering Division, shall be notified when the notice has been placed with the newspaper and what dates it will be published. Permittee is required to notify the following entities 24 hours prior to the start of any drilling,blasting, and/or vibratory testing: Fire Department—Fire Marshal (409) 880-3905 (Blasting Work Only) Engineering Division(409) 880-3725 Applicants performing vibratory testing shall notify each owner,resident and/or business located within 250 feet of its planned energy source operations. Applicants will offer to provide and will provide if requested, to such owner, resident and/or business, in writing, the name of applicant's insurance carrier, the types and amount of insurance covering its proposed operations. If more than three (3) consecutive working days of non-production occur, Permittee must contact the Fire Department 24 hours in advance of any blasting to be done after a period of intermittent work. 4 DRAFT In addition, Permittee is required to notify any and all other entities, directly or indirectly,involved through other permits or agreements. INSPECTION: • Any and all drilling,blasting and/or vibratory testing to be performed on City rights-of-way shall be observed and inspected by a City representative. Permittee must contact the City's Engineering Division 24 hours in advance of any drilling,blasting, and/or vibratory testing and a representative will be scheduled to be present for monitoring purposes. The expense of such inspections services will be billed to the Permittee and such amounts will be reimbursed to the City. In accordance with Internal Revenue Code Section 6109 (Name of Company)is required to obtain social security or other taxpayer identification number(s) for all permits payments,wheter constituting damages or property access payments. Failure to provide such numbers could result in unnecessary whithholding tax of 20%of the permits payment as required under Internal Revenue Code Section 3406, as well as penalties imposed by the IRS under Internal Revenue Code Section 6676. COMPANY TAX I.D. NO.: Soc. Sec. No.: CITY OF BEAUMONT STATE SALES TAX NO.: 74-W000278 CITY OF BEAUMONT FEDERAL TAX NO.: 74-6000278 Permittee agrees to and will in all ways conform to the terms and conditions of this seismic permit. Signed this day of 20_ CITY OF BEAUMONT Name of Company By: By: Title: The following information is included as attachments to this application for seismic permit: Total Cost Breakdown: 5 DRAFT $50 Basic Permit Fee Shot holes @$100 Miles of vibratory testing @$1,200/mile $ Total Cost Received $ Date: Blasting work will will not_be performed within the city limits of Beaumont. Copy of explosive permit is_ is not attached. If not, specify circumstances: Applicant's signature(company representative): Printed Name SEISMIC PERMIT APPLICATION DATE: SEISMIC PERMIT APPROVED Yes No DATE APPROVED/REJECTED PERMIT APPLICATION PROCESSED BY: 6