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HomeMy WebLinkAboutPACKET JUN 24 2008 RICH WITH OPPORTUNITY r T • E • X • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 24, 2008 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the acceptance of a water line easement and three(3) sanitary sewer easements to provide access for fire protection and sewer services to property located near Major Drive and Westfield Avenue B) Authorize the acceptance of a water line easement to provide access for fire protection services to the proposed Beaumont Trace Apartments C) Authorize the acceptance of a water line easement to provide access for fire protection services at 8060 Eastex Freeway D) Authorize the acceptance of a sanitary sewer easement to provide access for sewer services to the GKH, Inc. property located near Major Drive and Westfield Avenue E) Authorize the acceptance of a sanitary sewer easement to provide access for sewer services to the Madish property located near Major Drive and Westfield Avenue F) Appoint Theodore Johns as a full time City Magistrate for a two (2)year term G) Appoint Craig Lively as a full time City Magistrate for a two (2) year term H) Approve a contract for the purchase of asphalts, oils and emulsions A RICH WITH OPPORTUNITY BEA,UMON* T • E - x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: June 24, 2008 REQUESTED ACTION: Council consider authorizing the acceptance of a water line easement and three (3) sanitary sewer easements. RECOMMENDATION The Administration recommends acceptance of a water line easement and three (3) sanitary sewer easements to provide access for fire protection and sewer services to property located near Major Drive and Westfield Avenue. BACKGROUND Delaware Extension Development, Ltd. has agreed to convey the following easements to the City of Beaumont: 1. One (1)thirty-seven foot (37) wide Sanitary Sewer Easement— 0.4392 acre tract out of the Hezekiah Williams Survey, Abstract No. 56; located off Major Drive, south of Westfield Avenue 2. One (1) thirty-seven foot (37')wide Sanitary Sewer Easement— 0.5495 acre tract out of the Hezekiah Williams Survey, Abstract No. 56; located off Major Drive, north of Westfield Avenue 3, One(1)ten foot (10')wide Sanitary Sewer Easement— 0.0138 acre tract out of the Hezekiah Williams Survey, Abstract No. 56; located off Folsom Drive, east of Major Drive 4. One (1)ten foot (10')wide Water Line Easement — 0.0.1828 acre tract out of the Hezekiah Williams Survey, Abstract No. 56; located off Folsom Drive, east of Major Drive The easements allow for the construction, alteration, operation and maintenance of the said water line and sanitary sewer lines and their appurtenances. BUDGETARY IMPACT None. lengdelaware_paz;gi-ib 18 June 2008 RESOLUTION NO. WHEREAS, Delaware Extension Development, Ltd., has offered to convey one Water Line Easement and three (3) Sanitary Sewer Easements, for property located near Major Drive and Westfield Avenue, as shown below, as described in Exhibits "A," "C,""E," and "G" and shown on Exhibits "B," "D," "F," and "H" attached hereto, to the City of Beaumont for the purpose of access for fire protection and sewer services: • One (1) thirty-seven foot (37') wide Sanitary Sewer Easement— 0.4392 acre tract out of the Hezekiah Williams Survey, Abstract No. 56; located off Major Drive, south of Westfield Avenue; • One (1) thirty-seven foot (37') wide Sanitary Sewer Easement — 0.5495 acre tract out of the Hezekiah Williams Survey, Abstract No. 56; located off Major Drive, north of Westfield Avenue; • One (1) ten foot (10') wide Sanitary Sewer Easement— 0.0138 acre tract out of the Hezekiah Williams Survey, Abstract No. 56; located off Folsom Drive, east of Major Drive; • One (1) ten foot (10') wide Water Line Easement- 0.0.1828 acre tract out of the Hezekiah Williams Survey, Abstract No. 56; located off Folsom Drive, east of Major Drive. and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Water Line Easement and three (3) Sanitary Sewer Easements conveyed by Delaware Extension Development, Ltd., as described in Exhibits"A," "C," "E,"and "G"and shown on Exhibits "B," "D," "F," and "H" attached hereto, be and the same are hereby, in all things accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of June, 2008. - Mayor Becky Ames - EXHIBIT "A" Legal Description: 0.4392 Acre Sanitary Sewer Easement Hezekiah Williams Survey, Abstract No. 56 Jefferson County, Texas BEING a 0.4392 acre sanitary sewer easement situated in the Hezekiah Williams Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of the remainder of that certain called 209.2045 acre tract of land as described in a "Special Warranty Deed" from Amoco Production Company to Delaware Extension Development, Ltd. as recorded in Clerk's File No. 2000047669, Official Public Records of Real Property, Jefferson County, Texas, said 0.4392 acre tract being, more particularly described as follows: NOTE:All hearings are based on the East right-of-way line of F.M. Highway 364 North of Westfield Avenue as NORTH 02°53'10" WEST as recorded on the final plat of Fairf eld Phase I as recorded in Volume 17, Page 256,Map Records, Jefferson County, Texas. COMMENCING at an iron rod with a cap stamped "Carroll & Blackmon" found for the intersection of the East right-of-way line of F.M. Highway 364 (also known as Major Drive) and the South right-of-way line of Westfield Avenue; THENCE SOUTH 02 052'17" EAST, along and with the East right-of-way line of F.M. Highway 364, for a distance of 10.00 feet to the Northwest corner and POINT OF BEGINNING of the easement herein described, said point also being the intersection of the South line of a 10 foot wide utility easement as recorded on the final plat of Fairfield Phase I, a subdivision of the City of Beaumont, Jefferson County, Texas, as recorded in Volume 17, Page 256, Map Records, Jefferson County, Texas and the East right-of- way line of F.M.Highway 364; THENCE NORTH 87 007'09" EAST, along and with the South line of the said 10 foot wide utility easement, for a distance of 37.00 feet to a point for corner; THENCE SOUTH 02 052'17" EAST, parallel and 37 feet perpendicular to the East right-of-way line of F.M. Highway 364, for a distance of 517.11 feet to a point for corner, said corner being in the North line of that certain called 2.09 acre tract of land as described in a "General Warranty Deed" from RCSS Properties, Ltd. to Madish Investments, Ltd. as recorded in Clerk's File No. 2006006645, Official Public Records of Real Property, Jefferson County,Texas; THENCE SOUTH 87 014'17" WEST, along and with the North line of the said 2.09 acre Madish Investments, Ltd. tract, for a distance of 37.00 feet to a point for corner, said corner being the Northwest comer of the said 2.09 acre Madish Investments, Ltd. tract and in the East right-of-way line of F.M. Highway 364; THENCE NORTH 02 052'17" WEST, along and with the East right-of-way line of F.M. Highway 364, for a distance of 517.04 feet to the POINT OF BEGINNING and containing 0.4392 ACRES, more or less. Sury ed on Decpm1bVr 12, 2007. This legal description is being submitted along with a plat based on this s (see XH IT "B"). OF omas S. Rowe, RPLS No. 5728 """""""""""..... THOMAS S. ROWE ............................... a P;'Q 2:12005\05-1 74105-1 74seoaem&b.doc 5728�''."9 �v0 ESS10 •.SURD MARK W. WHITELEYAND ASSOCIATES,INC. F.M. HIGHWAY 364 D FN7 I RO/0 w/GP (ALSO KNOWN AS MAIOR DRNE) �t o SCfILL' i"=200' 50'UTKIIY FASEIEN► STAMPED W 7ARR0Cl ►� COIF STATES UIMJIY COMPANY E gypy ����� 10L 1791 PC 1TJ �3� OPR,IC FND N04'58'331M 109.71 — — — — — REFERENCE BEARING PER VOL. 17, PG. 256, MRJC NOS'11'Oglr 9.98• I ROD FM W752'17-V70-04-TA— — — — — — —(CALL NO2-53.10-W 881.15)— — _ B8t.19' — — - - — — — — — _ — — — — — FND N075 10 —SET 5/B FND N04'S8736"I 338.89'Wd• .:..—�. — — — L ROD — — — — FNO TXDO =AL C*CAP AL Cl • • • �- — SQNC�ONU — — 0.4392 ACRE SANITARY � L — — — FND 5/8' SEWER EASEMENT VOLO 117 PEGS 256NT )° I 10 UTILITY EASEMENT a — — — — — — — — — — — I I t. ROD MR JC + VOL. 17, PG. 256 0.10 20' UTILITY EASEMENT MRJC�M 1.701 ACRE o VOL.17 5 PGM445 I I SET 5/8' GKK>NC t CALlFO 1.09 ACRE I 1. ROD I I C.F.NO.2W7048679 7048679 o DELAWARE E ATE'"pH mom.Lm. ORJC MADISH hm3lkols.LID. �' FAO 502'51'10 E —--' z �'M C.F.N0.2006006645 FND I. ROD W/CAP u ET 5/8' OPRC STAMPED W%CARROLL UN F1, ROD SET 5/8 CALIEDD 2091045 k BLACKMON' I. ROD DELAWARE DXV601 OEVE~T,,LiD. I '� I FND L ROD W/CAP CALLED.R5 ACRES OF C.F.W.1000D47669 g _ o OPu I I kP BLAC-WROLL DELAWARE UIEWM DEVELOPIENT,LID. gg FT FND l AOD W/CAp FND L ROD W I FND 1. ROD W CF.�gq�17669 L� � I I I g STA4PEp W/'CARROLL STAMPED W%CARROLL I ISTAMPED W%CRO DIwx T i A'BIALTOKJW' A: BLACKMON- ",ti $ BLACKMON" I g FND SDT5311 T 737.87' �' (CALL i 75Y10'E 7JB.D0) C!j CORNER FNRfELD VDT tH a,256 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE I I I I h 71 1000.00' 28.00 28.00' S88'00'101N 01'36'16` C2 1000.00 100.04 100.00 589'5600"E 05'43'56" I I I I C3 1000.00' 100.00' 99.96' S89'58'33'1N 05'4347" 74 1000.00' 99.96' 99.92' N84'14'57"E 05743'39" I I I C5 1000.00' 100.05' 100.01 584'13'50-W 05'a3'58" I I I e 66 1000.00' 10.50' 10.50' N 5130'05' E 00'36'06' IRS OTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TIRE. t--L4 By THE SURVEYOR.SURVEYOR,EWHICHI ST BASED ON HIS BEST KNOWLEDDGE, INFORMATION L AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE EXHIBIT "B WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULG41ED BY THE TEXAS BOARD I a OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL REFER TO EXHIBIT A" SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED FOR FIELD NOTE DESCRIPTION I cs OR IMPLIED. 3. ALL SET 518"IRON RODS SET WITH A CAP STAMPED M.W. WHITELEY&ASSOCIATES- THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY. CL6iN DELAWARE EXTENSION DEVELOPMENT, LTD. !_THOMAS S. ROW€DO HEREBY CERTIFY THAT THIS $ THIS DAY W �: SHEET N,.. EXHIBIT "B" MADE ON THE SURFACE OF THE GROUND OF iH ACAD 2007 "-22Q' 1 1 HEREON AND CORRECTLY REPRESENTS THE F OU T DESCRIBED Z:\2005\05-174\ 0.4392 ACRE LINE BEARING DISTANCE OF THE SURVEY. OS-174 OS-171-0.4392 ACRE.d. LI N 87'06'50" E 200.00' ��•" L2 N 8T 16'52 E 55.34 � 'G T e R'• ° SANITARY SEVER EASEMENT DATE S R DECEMBE 2007 'L;•� q `c<)•:(P MARK W. WHITELEY HEZEKIAH XILLIAMS SURVEY L3 N 87'1320" E 55.31 ;Q' Rnl AND ASSOCIATES La s Drs2'19 E 10.00' ...•...•.....•....• . ABSTRACT N0. 56 LS N 87'07 09 E 37.00' ������ ��• .ROWE• INCORPORATED L6 S Orsz',7• E 517.11 T MA... ....... �;. 5728 •� CONSULTING ENGINEERS, JEFFERSON COUNTY, TEXAS L7 S 8T 14'17 w 37.00 SURVEYORS, AND PLANNERS LB N 02'52'17" W 517.04' ,'• R ?; e ESS� . THOMAS 5. ROriE - REGISTERED PROFESS •D g P. o. pox 5192 ISO FASTER F71Xn BEAUIOW. TEXAS 77776-5492 BEAUMONT. TEXAS 77703 409-892-0421 (FAX) 409-592-1346 EXHIBIT "C" Legal Description: 0.5495 Acre Sanitary Sewer Easement Hezekiah Williams Survey, Abstract No. 56 Jefferson County, Texas BEING a 0.5495 acre sanitary sewer easement situated in the Hezekiah Williams Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of the remainder of that certain called 209.2045 acre tract of land as described in a "Special Warranty Deed" from Amoco Production Company to Delaware Extension Development, Ltd. as recorded in Clerk's File No. 2000047669, Official Public Records of Real Property, Jefferson County, Texas, and also out of and part of that certain called 0.60 acre tract of land as described in a "Quitclaim Deed" from Amoco Production Company to Delaware Extension Development, Ltd. as recorded in Clerk's File No. 2000047670, Official Public Records of Real Property, Jefferson County, Texas, said 0.5495 acre tract being more particularly described as follows: NOTE:All bearings are based on the East right-of-way line of F.M. Highway 364 North of Westfield Avenue as NORTH 02°53'10" WEST as recorded on the final plat of Fairfield Phase I as recorded in Volume 17, Page 256, Map Records, Jefferson County, Texas. COMMENCING at an iron rod with a cap stamped "Carroll & Blackmon" found for the intersection of the East right-of-way line of F.M. Highway 364 (also known as Major Drive) and the North right-of-way line of Westfield Avenue, said corner also being the Southwest corner of that certain called 1.701 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from Delaware Extension Development, Ltd. to GKH, Inc. as recorded in Clerk's File No. 2007048679, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 02 053'10" WEST, for a distance of 325.00 feet to a 5/8" iron rod set for the the Southwest corner and POINT OF BEGINNING of the easement herein described, said corner also being the Northwest corner of the said 1.701 acre GKH, Inc. tract; THENCE NORTH 02 053'10" WEST, along and with the East right-of-way line of F.M. Highway 364, for a distance of 556.19 feet to a Texas Department of Transportation concrete monument found for an angle point in the East right-of-way line of F.M. Highway 364; THENCE NORTH 04 058'36" WEST, continuing along and with the East right-of-way line of F.M. Highway 364, for a distance of 90.00 feet to a point for corner; THENCE NORTH 85 001'24" EAST, perpendicular to the East right-of-way line of F.M. Highway 364, for a distance of 3 7.00 feet to a point for corner; THENCE SOUTH 04 058'36" EAST, parallel and 37 feet perpendicular to the East right-of-way line of F.M. Highway 364, for a distance of 90.68 feet to a point for corner; EXHIBIT"C" Pa e1orn MARK W. WHITELEYAND ASSOCL4TES,INC. THENCE SOUTH 02 053'10" EAST, continuing parallel and 37 feet perpendicular to the East right-of-way line of F.M. Highway 364, for a distance of 556.87 feet to a point for corner, said corner being in the North line of the said 1.701 acre GKH, Inc. tract; THENCE SOUTH 87 006'50" WEST, along and with the North line of the said 1.701 acre GKH, Inc. tract, for a distance of 37.00 feet to the POINT OF BEGINNING and containing 0.5495 ACRES, more or less. Surveyed on December 12, 2007. This legal description is being submitted along with a plat based on this survey see EXHIBIT "D"). �PwG� ERF '9 THOMAS S;ROWE. Thomas S. Rowe, RPLS No. 5728 5728' P Q z:Qoosos-i 7a\os-i 7a:gym&n.aac •. EXHIBIT"C" Pa-e 2 —V2 MARK W. WHITELEYAND ASSOCIATES,INC. a� F.M. HIGHWAY 364 sr ROO/•W (ALSO KNOWN As MAJOR DRIVE) G�obdap�po -SCALE 1"-200r ' 50'ES of Ft5t7KN► }BLACKMDV' SET s/8 SGlES UlI/R C091�AN1 1. R00 Uyl c�J� WL 1793,P0.223 REFERENCE BEARING PER VOL. 17, PG, 256, MRJC o FNO 3/8" �'c (CALL NO2'SJ'f01Y 881.15) g Q• T. ROD 2 717W7?7II{' FND NOT'SJ'101V 881,19' 1` R0517091Y 9.98' —�RODW/CAP ' L4 — — — — — — — — — -'— — — _ — — FND N04-58.33-W 109.77' _— fN0 K0T3310 373.00 FNp N04'S8'361Y JJ8.89'— — _ — — _ — _ � _ _ _ _ _ _ _FND TXDO_ _ _ FND 5/8" I — — — — — — • . • • •r • •...GRI'IL�NFN�� -�A!'CO AL'cv 1. R00 N is •1�— - 10' UTILITY EASEMENT 10' UTILI EASEMENT — — — — —0.—ACRE S1NtTARY VOL. 17, PC. 256 VOL. I7, PC. 256 0 — 1 I I I 2 TY OF BFAEASEMENT MRJC I MRJC ^ SEWER EASEMENT INGRESS k EL7TES.S 615f1Ri/r CALLED 2.09 IS, SET 5/8 I I I CALLED 1.701 ACRE t°. CALLED/1686 ACRES 17DRJP 445 mm NVESIIEiYiS L O. !IC i DELAWARE EX�iEOM DDEMMIENT LTD CF 48678 C.T. OPRX NO. 15 jj� I. RO b CF.NO 18679 GF.NO.2000 0 476 70 FND 1. ROD W/CAP n 50751'101;323.43' ` OPRA:STAMPED W%CARROL N ET 5/8-' SET 5/8 I �--OVIED 2.032 AM REMAIATER OF MON" u 1. R00 I JEFFERSON COiW MOVIOE DISTRICT NO 6 CA[If0 2091015 ACRES FND L R00 W/CAP I I Cu. 014787 DEUW'ARE EXLDYSNXI DEVELOWMENT,LTD. FTAMPED W%CARROLL I' DIRC C.F.NO.20OW47669 '•,�'T & BLACKMON' I c " I o ENO'ROD W I 1 CAUED� 3 ACRES I I I BETTER;;COUNTYY mrvOE Dr508Cr NO, FND 1. ROD W/CAP / 0 FND 1. ROD W/CAp OELAWARE EXTENSM DIMLOPMENT,LID, IWT 28 STAMPED W%CARROLL SiAMPEO W%CARROLL I Q �ST & BLACKM ALL C.F.N0.2000047669 I I I Lu F. NO !01-01-0333 k BLACKMON• BLICKMON' "� OFRX ,°7 0PR1C FM 502'53?I'E 737.67' E" CALC FA�FIELO —F (CALL I 53110E IJ800I CORNER I VOL I .256 I I I I Z I 1. WING THIS SURVEY IS INTENDED i0 EXPRESS AN OPINION REGARDING O I I I I ti OWNERSHIP OR TITLE J THE WORD CERTIFY IS UNDERSTOOD TO SE AN EXPRESSION N PROFESSIONAL CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE I I I ! 04 JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION C1 1000.00' 28.00' 28.00' S88'00'10"W 01'36'16" A AND BELIEF FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE I I I C WITH THE STANpARDS Of PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD C2 1000.00' 100,04' 100.00 S89'S6 00"E 05'43'56 OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL C3 1000,00 100,00' 99.96 S89'S8 331N 05'43 47 I I ( y SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY EXPRESSED C4 1000.00' 99.96' 99,92 N84'14 57 E OS43 39 OR ALL SET. C5 1000.00' 100.05' 100.01' SB4'13'S0'W 05'4358 J. ALL SET 5/RI IRON RODS SET WITH A CAP STAMPED ll1.W. WHITELEY k ASSOCIATES'. C6 1000.00' 10.50' 10.50 N BT30'05" E 00'36'06 LINE BEARING DISTANCE Li N 87-06'50" E 200.00 L— L2 N 87-16'52" E 55.34' L3 N 8753.20" E 55.31' EXHIBIT "D" 74 N 02 53'10" W 325.00' L5 N OT5XIW w 556.19' REFER TO EXHIBIT "C" L6 N 04'58'36" IN 90.00 FOR FIELD NOTE DESCRIPTION L7 N 85'01'24" E 37.00' LB S 04.58'36" E 90.68' L9 S OT53 10" E 556.87' TO THE OWNERS OF THE PREMISES SURVEYED 710 S 87-06.50" W 37.00' AS OF THE DATE OF THE SURVEY, CLIENT: 011 s 87-06 50" w 52.52' DELAWARE EXTENSION DEVELOPMENT, LTD. L THOMAS 5 ROME DO HEREBY CERTIFY THAT THIS SUR ' THIS DAY W s— ET ft.; EXHIBIT "D" MADE ON THE SURFACE OF THE GROUND OF THE P D SCRIBED . AGD 200 "=2gR-1 f 1 HEREON AND CORRECTLY REPRESENTS THE FAC A� Z:\2005\05-174 0.5495 ACRE OF THE SURVEY, O5—1744: OS-174-0.5493 ACRE,dwq •••S 7--G\S r E,9. I SANITARY SEIFER EASEMENT DATE p; DECEMBER 12, 2007 F'••� MARK W. WHITELEY ¢ °'N AND ASSOCIATES HEZEKIAH WILLIAMS SURVEY • ABSTRACT N0. 56 THOMAS S. ROWS INCORPORATED "'•°••""••• CONSULTING ENGINEERS, JEFFERSON COUNTY, TEXAS 9�9� 5728 �P�'Q` SURVEYORS, AND PLANNERS �t .• O THOMAS 5. ROWE - [STEREO PROFESSIO S P. 0. Box 5492 3250 E)STEx ntm. WANONT. TEXAS 77726-5492 6EAt)11@/T, TEXAS 77703 409-892-0421 (FAX) 409-692-1346 EXHIBIT "E" Legal Description: 0.0138 Acre Sanitary Sewer Easement Hezekiah Williams Survey, Abstract No. 56 Jefferson County, Texas BEING a 0.0138 acre sanitary sewer easement situated in the Hezekiah Williams Survey, Abstract No. 56,.Jefferson County, Texas and being out of and part of the remainder of that certain called 209.2045 acre tract of land as described in a "Special Warranty Deed" from Amoco Production Company to Delaware Extension Development, Ltd. as recorded in Clerk's File No. 2000047669, Official Public Records of Real Property, Jefferson County, Texas, said 0.0138 acre tract being more particularly described as follows: NOTE:All bearings are based on the East right-of-way line of F.M. Highway 364 North of Westfield Avenue as NORTH 02°53'10" WEST as recorded on the final plat of Fairfield Phase I as recorded in Volume 17, Page 256,Map Records, Jefferson County, Texas. COMMENCING at an iron rod with an aluminum cap stamped "Jefferson County DD6" found for the Southwest corner of that certain called 2.032 acre tract, identified as TRACT 2, as described in a"Special Warranty Deed" from Delaware Extension Development, Ltd. to Jefferson County Drainage District No. 6 as recorded in Clerk's File No. 2001014787, Official Public Records of Real Property, Jefferson County, Texas, and said corner being the most Northwest comer of the remainder of the said 209.2045 acre Delaware Extension Development, Ltd. tract and said corner being in the East right-of-way line of F.M Highway 364 (also known as Major Drive); THENCE NORTH 87 002'30" EAST, for the boundary between the said 2.032 acre Jefferson County Drainage District No. 6 tract and the remainder of the said 209.2045 acre Delaware Extension Development, Ltd. tract, for a distance of 737.16 feet to the Northwest comer and POINT OF BEGINNING of the easement herein described; THENCE NORTH 87 002'30" EAST, continuing for the boundary between the said 2.032 acre Jefferson County Drainage District No. 6 tract and the remainder of the said 209.2045 acre Delaware Extension Development, Ltd. tract, for a distance of 10.00 feet to a point for corner; THENCE SOUTH 03 033'30" EAST, for a distance of 59.90 feet to a point for comer; THENCE SOUTH 86 026'30" WEST, for a distance of 10.00 feet to a point for corner; THENCE NORTH 03°33'30" WEST, for a distance of 60.00 feet to the POINT OF BEGINNING and containing 0.0 13 8 ACRES,more or less. Surveyed on December 12, 2007. This legal description is being submitted along with a plat based on this survey(see EXHIBIT "F"). CO;e THOMAS S. ROWE Thomas S. Rowe, RPLS No. 5728 ���;9 5728 Of s S Z:\2005\05-174\05.174sethreem&b.doc SuR`� MARK W. WHITELEYAND ASSOM TES,INC. F.M. HIGHWAY 364 �g�a (ALSO KNOWN AS MAJOR DRIVE) °DQ�jgol° FKD SCALE )"--2170 50'UIXI Y D ISEYENT ! ° E STATES UIj L7711PANY ^ � VOL 1AJ PG.223 REFERENCE BEARING PER VOL. 17, PG. 256, MRJC 7j p o FND J/8"_ OPR7 (CALL NO2'5J'101Y 881.15') 1rtl5110911 9AB 1. ROD TR07JD75277A 77T.0/---t}ypfbl� gp �____________________________FND_NO2:5J'10'W 881.19' ------------------------------ - FNO N04-5B-33-W 109.77' ________________________ FND 1. ROD W/CAP g FLIQKOTSJIO 1 SET 5/8_ _ -------------FND N04'S8'36'W J38.89' ------ H8)L ROD R/LW=c=-_===_--=-- --------------- .....--- -STAMPED W/'G4RROLL 1�ROR= ------------------------------ --------- FND 5/8' TALIPEO W' -------------- --------- -------------------- FND iX00------- --F---------- - AL GIP do BIACKMON' 1 ICAR40U------ - ------------- ----- --------------------�QNC MON(t-----+-- i---------- -- ---------, , I. R00 i rw B.ACI(NON'----------------------H--------------- '-----'----- i 10 UTILITY EASEMENT --------- ------------- - ---------------------------------------------------------------- f0' UTILITY EASEMENT i ; - VOL 17 PC. 256 20' UTILITY EASEMENT VOL. L 7, PG. 256 �� ; o MRJC ' ; MRJC i i CITY OF BEAUMONr CALLED 1.701 ACRE o MCRFSS A:EGRESS EASEMENT VOL 1745 PC. 445 CAVED 1.09 ACRE i SET 5/8 1 i CKH,W. 1. CALLED 12666 ACRES i i i DRJC OM NI2T/IENI�L , i o CALLED 0.60 ACRE 1. ROO i Cr NO.2007048679 z DELAWARE EX/ENSXXV CF N0.?007048618 ; CF.A0.2006006645 ; u i i OPR-C DEVELOPMENT,Lm. 01RIC _ o CF.NO.2000047670 OPR LplLrr FND 1, ROD W/CAP R100 50753'107'325.43' `? � STAMPED W%CARROLL ; H ET 5 SET 518 ; ; ; i--CALLED Z0J2 A & BLACKMON" V 1. ROD ET CRES I. ROD i ; i IRACT 2 1 OTERSON COUNTY ORW4GE WSIMCT NO.6 RE-110M OF `J ' i i_i i C.F.AID.20001014787 ' FND 1. ROD W/CAP �x GLLLED 2091(45 ACRES t TAMPED W%CARROLL i 1 OEUWARE E7(TENSpN DEYELOPYENr,LTD. Cs� C.F.NO.2000047669 i '•r'�V i BLACKMON" Q"R.IC RDILA01L1ER OF CALLED 2092045 ACRES FAIlfD 2.99 ACRES FND I. ROD W/Gqp FND L R00 W/G4P Q ; FNO L ROD W/CAP OEIAWME EXIEN$pN DDUOPMENT LID. i ' ' ^7 �M COUNTY WA06 E DGMT Na STAMPED W%CARROLL STAMPED W/CARROLL -j ;STAMPED W%C4RROLL CF.NO.2OM7669 i ; i IR4CT 29 k BLACKMON' It BLACKMON' ! N W 1 & BLACKMON' ' ' . 104 tz OPRA F.C.N0.�1WR�OL-OJSJ 00 50753217 7J7.87' CALC. FA6Tf}ELD �E 'CALL i TSJi10'f IJ8.007 CORNER � I h VOL 11,PC 256 ARC 1. NOTHING O THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING IN P OWNERSHIP OR TIRE. � 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH 15 BASED ON HIS BEST KNOWLEDGE. INFORMATION CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE ' 1 AND BELIEF FORMED/N THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE Cl 1000.00' 28.00' 28.00' S8800'10W 01'36 16" ; 1 WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD C2 1000.00' 100.04 100.00 S89'S6'00 E 05'43 56 OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL C3 1000.00 100.00' 99.96' S89'58 3314 �sl SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED C4 1000.00' 99.96' 05'43 47 I OR IMPLIED. 99.92' N84.14 57"E 05'43 39" 1 ; ! CS 1000.00' 100.05' 100.01' S84'13'S0"W 05'43'58' I J. ALL SET 5/8'IRON RODS SET WITH A CAP STAMPED h4.W. WHITELEY&ASSOCIATES' C6 1000.00 10.50' 1 C 10.50' N 873005 E 00136,06- LINE BEARING DISTANCE L1 N 8T06'50" E 200.00' i _,_i I 0 L2 N 8716'52' E 55.34' _- i L3 N 8713'20' E 55.31 EXHIBIT 99�9r 0.0138 ACRE SWrARY L4 N 8702'30' E 10.00 ANER EASEMDVT L5 S 03.3330' E 59.90' REFER TO EXHIBIT "E" l6 5 8526 30" w 10.00' FOR FIELD NOTE DESCRIPTION ; L7 N 03.3330 W 1 60.00' , TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: CLIENT: DELAWARE EXTENSION DEVELOPMENT, LTD. L THOMAS ROWF DO HEREBY CERTIFY THAT THI OR BY. W E` -ET EXHIBIT "F° MADE ON THE SURFACE OF THE GROUN 5 THIS DAY : ACAD 2007 D OF DESCRIBED 1 f i HEREON THE AND CORRECTLY REPRESENTS TH eAlAr 2:\2005\05-1 4 0.0138 ACRE 1 05-174 05-174-0.013E ACREArq Q G�S T ER'•: SANITARY SEWER EASEMENT DATE SU DECEMBER 12, �;• '•� MARK W. WHITELEY ........... AND ASSOCIATES HEZEKIAH WILLIAMS SURVEY THOMAS S. ROWE INCORPORATED ABSTRACT N0. 56 ..................... ........ • P CONSULTING ENGINEERS, JEFFERSON COUNTY, TEXAS ' fl a •.O SURVEYORS, AND PLANNERS THOMAS S. ROWS - GISTERED PROFES 728 P. RN 0. BOX 5492 3250 EASTO] , 6FAllYONT. TEXAS 77726-5492 BEMNONT, TEXAS 77703 409-692-0421 M-) 409-692-1346 EXHIBIT "G" Legal Description: 0.1828 Acre Water Line Easement Hezekiah Williams Survey, Abstract No. 56 Jefferson County, Texas BEING a 0.1828 acre water line easement situated in the Hezekiah Williams Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of the remainder of that certain called 209.2045 acre tract of land as described in a "Special Warranty Deed" from Amoco Production Company to Delaware Extension Development, Ltd. as recorded in Clerk's File No. 2000047669, Official Public Records of Real Property, Jefferson County, Texas, said 0.1828 acre tract being more particularly described as follows: NOTE:All bearings are based on the East right-of-way line of F.M. Highway 364 North of Wesoeld Avenue as NORTH 02°53'10" WEST as recorded on the final plat of Fairfield Phase I as recorded in Volume 17, Page 256, Map Records, Jefferson County, Texas. COMMENCING at an iron rod with an aluminum cap stamped "Jefferson County DD6" found for the Southwest corner of that certain called 2.032 acre tract, identified as TRACT 2, as described in a "Special Warranty Deed" from Delaware Extension Development, Ltd. to Jefferson County Drainage District No. 6 as recorded in Clerk's File No. 2001014787, Official Public Records of Real Property, Jefferson County, Texas, and said corner being the most Northwest corner of the remainder of the said 209.2045 acre Delaware Extension Development, Ltd. tract and said corner being in the East right-of-way line of F.M Highway 364 (also known as Major Drive); THENCE NORTH 87 002'30" EAST, for the boundary between the said 2.032 acre Jefferson County Drainage District No. 6 tract and the remainder of the said 209.2045 acre Delaware Extension Development, Ltd. tract, for a distance of 20.01 feet to the Northwest corner and POINT OF BEGINNING of the easement herein described, said corner also being in the East line of that certain called 20 foot wide utility easement as described in a "Utilities Easement" from Amoco Production Company to the City of Beaumont, Texas as recorded in Volume 1745, Page 445, Deed Records; THENCE NORTH 87 002'30" EAST, continuing for the boundary between the said 2.032 acre Jefferson County Drainage District No. 6 tract and the remainder of the said 209.2045 acre Delaware Extension Development, Ltd. tract, for a distance of 776.46 feet to a point for corner; THENCE SOUTH 02 057'30" EAST, for a distance of 30.00 feet to a point for corner; THENCE SOUTH 87 002'30" WEST, for a distance of 10.00 feet to a point for corner; THENCE NORTH 02 057'30" WEST, for a distance of 20.00 feet to a point for corner; EXHIBIT"G" Page I of 2 MARK W. WHITELEYAND ASSOCIATES,INC. THENCE SOUTH 87 002'30" WEST, parallel and 10 feet perpendicular to the South line of the said 2.032 acre Jefferson County Drainage District No. 6 tract, for a distance of 766.11 feet to a point for corner, said corner being in the East line of the above referenced City of Beaumont 20 foot wide utility easement; THENCE NORTH 04 058'36" WEST, along and with the East line of the above referenced City of Beaumont 20 foot wide utility easement, for a distance of 10.01 feet to the POINT OF BEGINNING and containing 0.1828 ACRES, more or less. Surveyed on December 12, 2007. This legal description is being submitted along with a plat based on this survey(see EXHIBIT "H"). OF SV .... ...................... .... THOMAS. ROWE S Thomas S. Rowe, RPLS No. 5728 ao 5726o�P F£ss '+ Z:\2005\05-174\05-174w1catementm&b.doc S U n V EXHIBIT"G" Page 2 of 2 MARK W. WHITELEYAND ASSOCIATES,INC. SCALL' 1"=200' F.M. HIGHWAY 364 g19 a� ' (ALSO KNOWN AS MAJOR DRIVE) p,IbOQo a sr O O 50'ES Un ELSE1rtNT cow 006' 5lAIES UIM/IT COYPANT FNO 3/8" 1�OPRJC 273 REFERENCE BEARING NOZ'53'10'W 8B 1.15/256, MRJC 0 �$ 17,0911'998, 1. ROD 7ND-8D2527Y1I727..W FNf6N-6SOt 421-1�0. FND 1102S3'10'lY 881.19' l FND N04'5833 W 109.77' _ �- - - - - - - - - - - - - - - - - - - � - - FNON04'S8'361V338.89' FND I. ROD W/CAP $ - tAV N0753 10 25.00 SET 5 8 _ _ _ _ _ _ _FND iXDO _ FND 5/8" - - - - - .-STAMPED W1- OLL$; =_ _____ =L1t9D === -- - - - -_-_- AL UP !. ROD & BLACKMON" I _ - - - - - - CQN�.-WN _=I _ _ _ J ••Ir ]O' U17LITY EASEMENT 10' UTILITY EASEMENT - - - - - - - - - - - - - - -Jj� VOL. 17. PC. 256 I VOL. 17. 256 l • 2C/TY OF BEUM EASEMENT In OUM 2.09 ACRE � I I CALLED 1.701 ACRE o #XRESS R EGRESS EtSA K I III VOL. 1745 PC. 445 i SET 518 GKH,RIG. G¢tED 0.60 ACRE C 12007018618 i I i•I ORJc LIZ CF.Ad 20060 615 I 1. ROO I I I CF NO.2007048679 M q7R�048679 z DELAWARE EXTIM DEY WMENr,LTD. I &IKC o C.F.NO.20OW47670 I ••I I FND 1. ROD W/CAP h HA S0753'IOE 325.43' x �'� }.�-- STAMPED W/CARROLL C3 ti-PET 5/8' SET 518 I I I 10 Z03 2� 1. ROD$ BUCKMON' � !. R00 I •• CnIMN REIAVW OF w DRANIGE DISTRICT NO.6 FNO 1. OD W/CAP I I C.F.NO. 014787 CALLED S IGYrES I •Z kIAMPEDRIVI"CARROLL DEUWVtE fXrEN9W DEVELOPMENT,LTD. Cif I I C.F.NO.2000017669 I •,.-7 & BLACKMON- CALLEO 20.M5 ACRE$ CALLED 299 ACRES FND I. ROD W/CAP FNO L ROD IN/CAP- G� I I SFND I. ROD W/CAP OEIAWARE EXIENYON OEOPMNT,LTD.W%CARROLL STAMD W/CAROCC JRTFW COUNR OIUIG E 06RCf N0.C F. . 0.1828 ACRE WATER ICT 28$ BLACKMON- & BLACKM ��n d BLACKMON" OFRJC L EISFMENr F.C.NO. 104-DI-0.153 HID SVD2 31I E 737.87' CALC FAWf1E1D I ••I � CALL i 75JilOT I38.00I CORNE PH45E I VOL 1�.256 I I !I 1. NOTHING O THIS SURVEY IS INTENDED i0 EXPRESS AN OPINION REGARDING ��I w OWNERSHIP OR TITLE. 2. THE WORD CERTIFY IS V UNDERSTOOD TO SE AN EXPRESSION OF PROFESSIONAL CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE I I i!I q JUDGMENT BY THE SURVEYOR, WHICH 15 BASED ON HIS BEST KNOWLEDGE, INFORMATION C 1 1000.00' 28.00' 28.00' 588'00'10 W DELTA 16" I I I I I E AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLOWCE WITH THE STANDARDS OF PRACTICE REOUIRED AND PROMULGATED BY THE TEXAS BOARD C2 1000.00' 100.04' 100.00' 589'56 00 E 05'43'56" •. p OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL C3 1000.00' 100,00' 99.96' S89'S8 33 W 05'43 47 I I III SURVEYORS. AS SUCH. IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED C4 1000.00 99.96' 99.92' N84't4'57 E 05'4339 OR IMPLIED. C5 1000.00' 100.05' 100.01' S84'13'S0 05'43'58 I I •• COT, 3. ALL SET 518'IRON RODS SET WITH A CAP STAMPED M.W. WHl1FLEY 6r ASSOC4ITES' C6 1000.00' 10.50' 10.50' N 87*30'05 E 00736'06" LINE BEARING DISTANCE Lt N 8106 50 E 200.00' L2 N 8116'52" E 55.34' 73 W 871320- E 55.31 EXHIBIT "H" L4 N BT02'30' E 20.01' L5 N 8102 30 E 776.46' REFER TO EXHIBIT "G" L6 S 02'57'30" E 30.00 FOR FIELD NOTE DESCRIPTION L7 S e7-o2'3o w 10.00' LB N 02'57'30" W 20,00' L9 S 87-02 30 W 766.11' TO THE OWNERS OF THE PREMISES SURVEYED Lt0 N 04'58'36" W 10.01' AS OF THE DATE OF THE SURVEY: CLIENT, DELAWARE EXTENSION DEVELOPMENT, LTD. L THOMAS S ROWE DO HEREBY CERTIFY THAT THIS SU IS 04Y W SCALE. _ SHEET"°.' EXHIBIT "H" MADE ON THE SURFACE OF THE GROUND OF THE dd ° 2007 1 f 1 HEREON AND CORRECTLY REPRESENTS THE FA C ACS T CRIBED Vp Z:\2005\05-174\ 0.1828 ACRE OF THE SURVEY ...`s r E9•.�` 05-174 05-174-0.1828 ACRE.d■q HATER LINE EASEMENT a MARK W. WHITELEY DATE SU DECEMBER 7 c�; o•N HEZEKIAH WILLIAMS SURVEY AND ASSOCIATES ABSTRACT N0. 56 THOMAS S. ROWE INCORPORATED ............................"... -7 CONSULTING ENGINEERS, JEFFERSON COUNTY, TEXAS 9•;90F O�Q;OQ- SURVEYORS, AND PLANNERS e ti esst .•J THOMAS S. ROWE - REGISTERED PROFESSION S• P. 0. Box 5492 3250 EASTEx F1h77. 9EAUYONT, TEXAS 77726-5492 SEAUYON7, TEXAS 77703 - 409-092-0421 (FAR) 4W-B92-13.6 B RICH WITH OPPORTUNITY r T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: June 24, 2008 REQUESTED ACTION: Council consider authorizing the acceptance of a water line easement. RECOMMENDATION The Administration recommends acceptance of a water line easement to provide access for fire protection services to the proposed Beaumont Trace Apartments located on Major Drive north of FM 105. BACKGROUND Madison Communities Group, L.P. has agreed to convey a ten (10) foot wide water line easement to the City of Beaumont. The easement [out of the Daniel Easley Survey] will provide mandatory access to the water lines and fire hydrants for the proposed 9.965 acre Beaumont Trace Apartments and would also allow for the construction, alteration, operation and maintenance of the said water line and appurtenances. BUDGETARY IMPACT None. \engbmt_"ce_apt-ib 16 June 2008 RESOLUTION NO. WHEREAS, Madison Communities Group, L.P., has offered to convey a ten-foot (10') wide Water Line Easement, being out of the Daniel Easley Survey, as described in Exhibit "A," Pages 1 - 3 and shown on Exhibit "A," Pages 4 and 5, attached hereto, to the City of Beaumont for the purpose of providing access for fire protection to the proposed Beaumont Trace Apartments located on Major Drive north of FM 105; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed, as described in Exhibit "A," Pages 1 - 3 and shown on Exhibit "A," Pages 4 and 5, be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of June, 2008. - Mayor Becky Ames - EXHIBIT A,PAGE 1 OF 5 CENTERLINE DESCRIPTION FORA 10' WIDE WATER LINE EASEMENT OUT OF THE DANIEL EASLEY SURVEY,ABSTRACT 20 JEFFERSON COUNTY, TEXAS MAY 28, 2008 LINE 1 That certain centerline description for a 10' wide water line easement, 5' each side of centerline, out of the Daniel Easley Survey,Abstract 20, Jefferson County, Texas, being out of a called 9.966 acre tract conveyed to Ronald L. Fraze as recorded in Clerks File No. 2003019694 of the Official Public Records of Jefferson County, Texas, said centerline description being more particularly described as follows: Note: The Basis of Bearing is a south line of Lot 1, Block 1 of Madison On The Lake, a plat recorded in Volume 16, Page 139 of the Map Records of Jefferson County, Texas and a north line of the said 9.966 acre having been called North 89°30'33" East 790.00 feet. COMMENCING at a '/2" iron rod found in the west right-of-way line of North Major Drive for the southeast comer of the said 9.966 acre tract from which a '/2" iron rod found for the southwest comer of the said 9.966 acre tract bears South 89°30'23" West 1278.70 feet (called South 89 030'33" West 1279.18 feet); THENCE North 00°49'32"West along the said west right-of-way line of North Major Drive and the east line of the said 9.966 acre tract a distance of 72.89 feet (called North 00°51'27"West 72.91 feet) to a %" iron rod found for an angle point; THENCE North 10 020'40" East continuing along the said west right-of-way line of North Major Drive and the said east line of the 9.966 acre tract a distance of 76.90 feet (called North 10°15'39" East) to a point; THENCE South 89°30'23"West a distance of 10.18 to a point in the west line of an existing 10' wide water line easement granted to the City of Beaumont as recorded in Clerks File No. 2000000988 of the Official Public Records of Jefferson County, Texas for the POINT OF BEGINNING of the said centerline of Line 1; THENCE South 89 030'23"West along the said centerline of Line 1 a distance of 99.22 feet to a point for POINT OF BEGINNING of the centerline of Tap A, a 10' wide water line easement, 5' each side of centerline, from which the POINT OF TERMINATION of the said centerline of Tap A bears South 00 029'37" East 19.50 feet; THENCE South 89 030'23"West continuing along the said centerline of Line 1 a distance of 58.02 feet to a point for the POINT OF BEGINNING of the centerline of Tap B, a 10' wide water line easement, 5' each side of centerline, from which the POINT OF TERMINATION of the said centerline of Tap B bears North 00°29'27"West a distance of 148.69 feet; North 10 045'33" East Ritz&Shipman,Inc Project No. 06905wtresmt Plat&Description EXHIBIT A PAGE 2 OF 5 a distance of 89.26 feet; North 89 058'35" East a distance of 181.95 feet to a point in the said west line of the existing 10' wide water line easement recorded in Clerks File No. 2000000988; THENCE South 89 030'23"West continuing along the said centerline of Line 1 a distance of 128.54 feet to a point for the POINT OF BEGINNING of the centerline of Tap C, a 10'wide water line easement, F each side of centerline, from which the POINT OF TERMINATION of the said centerline of Tap C bears North 00°29'37"West a distance of 59.50 feet; THENCE South 89 030'23"West continuing along the said centerline of Line 1 a distance of 4.56 feet to a point for the POINT OF BEGINNING of the centerline of Tap D, a 10' wide water line easement, F each side of centerline, from which the POINT OF TERMINATION of the said centerline of Tap D bears South 04 052'50"West a distance of 17.49 feet; THENCE South 89 030'23° West continuing along the said centerline of Line 1 a distance of 3.19 feet to an angle point; THENCE North 85 007'10" West continuing along the said centerline of Line 1 a distance of 172.43 feet to an angle point; THENCE South 89 030'33"West continuing along the said centerline of Line 1 a distance of 19.94 feet to a point for the POINT OF BEGINNING of the centerline of Tap E, a 10'wide water line easement, 5' each side of centerline, from which the POINT OF TERMINATION of the said centerline of Tap E bears South 00°29'27" East a distance of 19.50 feet; THENCE South 89°30'33"West continuing along the said centerline of Line 1 a distance of 140.76 feet to an angle point; THENCE South 85 032'06" West continuing along the said centerline of Line 1 a distance of 55.43 feet to a point for the POINT OF BEGINNING of the centerline of Tap F, a 10' wide water line easement, 5' each side of centerline, from which the POINT OF TERMINATION of the said centerline of Tap F bears South 04 027'54" East a distance of 19.50 feet; THENCE South 85 032'06"West continuing along the said centerline of Line 1 a distance of 73.78 feet to an angle point; THENCE South 89 030'23"West continuing along the said centerline of Line 1 a distance of 19.94 feet to a point for the POINT OF BEGINNING of the centerline of Tap G, a 10'wide water line easement, 5' each side of centerline, from which the POINT OF TERMINATION of the said centerline of Tap G bears North 00°29'37"West a distance of 59.50 feet; THENCE South 89 030'23"West continuing along the said centerline of Line 1 a distance of 127.93 feet to a point for the POINT OF BEGINNING of the centerline of Tap H, a 10' wide water line easement, 5' each side of centerline, from which the POINT OF TERMINATION of the said centerline of Tap H bears South 00 029'37" East a distance of 19.50 feet; Fittz&Shipman,Ina Project No. 06905v,,tresmt Plat&Description EXHIBIT A, PAGE 3 OF 5 THENCE South 89 030'23"West continuing along the said centerline of Line 1 a distance of 38.82 feet to a point for the POINT OF BEGINNING of the centerline of Tap I, a 10'wide water line easement, F each side of centerline, from which the POINT OF TERMINATION of the said centerline of Tap I bears North 00 02937"West a distance of 59.50 feet; THENCE South 89°30'23"West continuing along the said centerline of Line 1 a distance of 78.88 feet to an angle point; THENCE North 00 043'32" West continuing along the said centerline of Line 1 a distance of 124.47 feet to an angle point; THENCE South 89 029'32"West continuing along the said centerline of Line 1 a distance of 111.75 feet to a point for the POINT OF BEGINNING of the centerline of Tap J, a 10'wide water line easement, 5' each side of centerline, from which the POINT OF TERMINATION of the said centerline of Tap J bears South 00°43'32" East a distance of 119.72 feet and South 89 016'28"West 19.50 feet; THENCE.South 89 029'32"West continuing along the said centerline of Line 1 a distance of 101.08 feet to a point in the east line of a 50'wide drainage easement conveyed to Jefferson County Drainage District No. 6 as recorded in Volume 2049, Page. 329 of the Deed Records of Jefferson County, Texas for the POINT OF TERMINATION of the said centerline of Line 1. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during 2006 and 2007. Walter J. Ksiazek _ Registered Professional Land Surve r No. 5321 0 F I g WALTER J, KSIAZEK ` ..� 53121 PC vx Fittz&Shipman,Inc Project No.06905wtresmt Plat&Description EXHIBIT "A", Page 4 of 5 FOUND 1/2" IRON ROD NUMBER DIRECTION DISTANCE L1 S 59'30'23"W 99.22' (CALLED S 8608'28"E 268.24') FOUND 1/2" L2 S 00'2937 E 19.50 S 86.08'28" E 268.26' IRON ROD L3 5 893023 W L4 N 00'2927 T4 W 14569 f-" -- L5 N 10.45 33 E 89.26 o W 15' BUILDING LB N 89 335 E 181.95 0 1i �O l7 S 69'30 27 W 12554 MADISON ON THE LAKE LB N00ZS37 W 59.50' LOT 1, BLOCK 1 W W ? I L9 S 893023 w 4.56 VOL, 16, PG. 139, M.R.J.C. h N -L6 -- Lto 5 o4 s2'so' w 17.49 I_z F---- --� Lt 1 S 5930 23 W 3.19 L12 N 85'0710 17 W 2.43 0 I r SET 1/2- L13 S 6930 33 W 19.94 I I CAPPED D4 S 00'2927 E 19.50 FOUND 1/2" 2 �^' IRON ROD L15 S 89'3033 W 140.76 (BASIS OF BEARINGS) IRON ROD / / 10' WATER LINE EASEMENT Lis S 8532 08 W 53.43' (N 89'30'33"E 790.00') CITY OF BEAUMONT L17 S 04'2754 E 19.50 N 89.30'33' E 790.05' CLERKS FILE N0. 2000000988 LIB L18 583'32'06 W 73.78 • I O.P.R.J.C. --------------------------J m /y L19 389'3023 W 19.94 rn N "`7 L20 N 00'29'37"W 59.50 15' BUILDING LINE I I (L �°. A 0 50 0 L21. 5 89M23 W 127.93 n� L22 S 00.29 37 E 19.50 RONALD L. FRAZE ~ I Nw a: 5 A L E Lz3 5 s931z3 w 35.52 CLERKS FILE N0. 2003019694, O.P.R.J.C. I I W: L24 N 00'2937'W 59.50 (CALLED 9.966 ACRES) TAP C L25 S 89'3023 W 78.88 r L25 N 00'4Y32 W 124.4 I I S 89'30'23" W' O 07 T 89-2952 W 111.75 LINE 1 L11 100 10.18 o a L28 s 00'43'32"E n9.7z -T I I o L29 S 39"16'28-W 19.50' rLfB _ L7 LINE 1 L30 s 89'29 32 W 101.05 I` L16 L15 _ J LT TAP E13 L12 J L9 -----L3 - L1- Z SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, J CENTERLINE TAP D TAP A 11 THAT THIS IS AN ACCURATE PLAT OF A SURVEY k DESCRIPTION MADE 610- 10' WIDE WATER ON THE GROUND UNDER MY SUPERVISION DURING 2006 AND 2007. Ld EASEMENT POINT OF FOUND 1/2" 5'EACH SIDE BEGINNING IRON ROD , --------------------------------10' WIDE --- WATER EASEMENT 60'UTILITY EASEMENT N 00'4932" W 72.69' WALTER J. KSIAZEK - VOL. 2101, PG. 210, D.R.J.C. (CALLED N 00'51'27" W 72.91') REGISTERED PROFESSIONAL ND SURVE i>c3 F TF S 89'30'23" W 1278.70' COMMENCING POINT + ;�rG6 RFO••� u (CALLED S 89'30'33" W 1279.18') FOUND 1/2" REMAINDER OF IRON ROD WALTER J. KSIAZEK WINDEMERE DEVELOPMENT COMPANY �,� •,sz1 � ; VOL. 2047, PG. 137, D.R.J.C. •�pC �P. (CALLED 140.290 ACRES) ( '•;�SS1b.•Q 9N SIfri ' �... NUMBER DELTA RADIUS ARC' CHORD CHORD BEARING Fjttz&Shilp111an 10' WIDE WATER LINE EASEMENT SHEET NO. c1 o11rs3° 5047.12 114.33 114.33 S 04.31'25" w INC. PROJECT NAME: BEAUMONT TRACE �ALLED01.175J' 5047.12 714.33 114.33 soa•3,4z w c En9&wm and Land Survcyors NORTH MAJOR DRIVE 1405 CORNERSTONE COURT, BEAUMONT. TEXAS PROJECT NO. (409) 832-7238 FAX(409)832-7303 DWG NO.905WESMT BEAUMONT, TEXAS DATE: 5-26-08 ossos EXHIBIT "A", Page 5 of 5 NUMBER DIRECTION DISTANCE Ll 5 89'30'23"W 109.40' L2 S 002937 E 19. L3 MADISON ON THE LAKE s e9.3o•2s w se.o2 POINT OF LOT 1, BLOCK 1 L4 N OO.2 27 W 14-89 TERMINATION LS N 10.4533 E 19.29• L8 a9 3s"E 191.91 10' WIDE VOL. 16, PG. 139, M.R.J.C. N WATER L7 S 8930 23 W 128.54 ER EASEMENT I L8 N 0072937' W 4.56' I (CALLED N 00'29'27' W 15.00') L9 s e93023 w 17.4 N 00'30'28" W 15.00' L10 S 045250 W 17.49 I SET (BASIS OF BEARINGS) L11 S 893023 W 3.19 FOUND 1/2' CAPPED (N 89'30.33" E 790.00') L12 N 159 10 W 172.43 FOUND 1/2' I IRON ROD IRON ROD N 69,30.33,• E 790.05' L13 S 1930 33"W 19.94 IRON ROD (CALLED N 89'30'33"E 250.00') L14 500792 E 19.50 ---------------------------- L15 S 89wo,w 140.78 } — I 15'BUILDING LINE L16 5853208"w 55.43' z I I L30 ��f L27 L17 S 04'2 54 E 19.50• a I I LINE 1 I I I RONALD L. FRAZE L18 S 8532.08 W 73.78 c -� I O I CLERKS FILE NO, 2003019894, O.P.R.J.C. L20 S 893023 W 19.94 Oti ,�O I I I I' J TAP I TAP G (CALLED 9.968 ACRES) L20 N 00'29 3Y'W 59.50 V i'^ °° �p u O_ � � I N (y F- K 03 a z I I f-I IJ L21 S 8930 23 W 127.93 Z°U 3 N o w I I L22 S 00.29 3 'E 19.50 W L23 s e9 23 w 3-12• w a.M° 0 3 z Q I I III I I� I I� UNE 1 L24 N 0072937"W 59. O O `� ' w IL—,._ ——————— L25 S 8930 23 W 78.88' Z-i a�° o N c°�ci �- J L_ ___J �— - __ --_ L21 N 00'43 32 W 124.47 - a�-� o °n a Z Iw�I L29 L—L25 L23 a L21 L19 L18Lt 66 L15 L13 L27 S 89729'32 W 111.75 W p g ° o IWI --- W TAP E L28 S 00'4332' E 119.72' w .4O �NO I� TAP H, Z TAP F L29 S 8918 28 w 19.50' K b' a " N N tq o z CENTERLINE L30 S 89729 32 W 101.08 W °Z > Tx =^ 10' WIDE WATER ° W U W EASEMENT �IW Cad<a 5 'EACH SIDE Z — I -—---————————— ————————————————————————————— 60'UTILITY EASEMENT VOL. 2101, PG. 210• D.R.J.C. FOUND 1/2' S 89'30'23" W 1278.70' IRON ROD (CALLED S 89'30'33" W 1279.18') SPUR REMAINDER OF RIF BIRO WINDEMERE DEVELOPMENT COMPANY 2 FIRE OR VOL. 2047, PG. 137, D.R.J.C. (CALLED 140.290 ACRES) IDMEADOW NDC STLE PINDO SI FM 105 TOLIVAR O Fittz 'Shipman 10' WIDE WATER LINE EASEMENT SHEET NO. VICINITY AP o INC. PROJECT NAME: BEAUMONT TRACE 5 co,�1,e�E„��,, �,�s�,>r NTS S C A L E 1405 CORNERSTONE COURT, BEAUMONT. TEXAS NORTH MAJOR DRIVE PROJECT NO. (409)832-7238 FAX (409)832-7303 BEAUMONT, TEXAS owc.No.905wesur DATE: 5-28-08 06905 c RICH WITH OPPORTUNITY r T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: June 24, 2008 REQUESTED ACTION: Council consider authorizing the acceptance of a water line easement. RECOMMENDATION The Administration recommends acceptance of a water line easement to provide access for fire protection services at 8060 Eastex Freeway. BACKGROUND The North Church of Beaumont has agreed to convey a fifteen (15) foot wide water line easement to the City of Beaumont. The approximately 227.64 foot long easement [out of the W. B. Dyches Survey] will provide mandatory access to the water lines and fire hydrants for the Church of the Rock North [8060 Eastex Freeway] and would also allow for the construction, alteration, operation and maintenance of the said water line and appurtenances. BUDGETARY IMPACT None. \engchur6_on_ro&-ib 17 June 2008 RESOLUTION NO. WHEREAS, The North Church of Beaumont, has offered to convey a fifteen-foot (15') wide Water Line Easement for property located at 8060 Eastex Freeway, being out of the W. B. Dyches Survey, as described in Exhibit"A," Page 1 and shown on Exhibit"A," Page 2, attached hereto, to the City of Beaumont for the purpose of providing access for fire protection; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by The North Church of Beaumont, as described in Exhibit "A," Page 1 and shown on Exhibit "A," Page 2, be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of June, 2008. - Mayor Becky Ames - EXHIBIT "A", PAGE 1 OF 2 CENTERLINE DESCRIPTION FOR A 15' WIDE WATER LINE EASEMENT OUT OF THE W. B. DYCHES SURVEY, ABSTRACT 17 JEFFERSON COUNTY, TEXAS JUNE 10, 2008 That certain centerline description for a 15' wide water line easement, 7.5' each side of centerline, out of the W. B. Dyches Survey, Abstract 17, Jefferson County, Texas, being out of a called 7.96 acre tract conveyed to The North Church of Beaumont as recorded in Clerks File No. 2004016568 of the Official Public Records of Jefferson County, Texas, said centerline being more particularly described by the courses and distances as follows: Note: The Basis of Bearing is the south line of the said 7.96 acre tract having been called South 71014'00"West 734.47 feet, COMMENCING at a %" iron rod found in the east right-of-way line of Eastex Freeway (aka U.S. Highway 69, 96 and 287) for the northwest corner of Block 3 of the Eastex Commercial Complex, a plat recorded in Volume 12, Page 1 of the Map Records of Jefferson County, Texas and the southwest comer of the said 7.95 acre tract; THENCE along the said east right-of-way line of Eastex Freeway (aka U.S. Highway 69, 96 and 287) and the west line of the said 7.95 acre tract with a curve to the right, having a Chord Bearing of North 17 057'23"West, a chord distance of 132.60 feet and a radius of 5594.60 feet, a distance along the curve of 132.60 feet to a point for the POINT OF BEGINNING of the said centerline from which a 5/8" iron rod found for the southwest corner of a called 1.816 acre tract conveyed to William T. Watson as recorded in Volume 2095, Page 253 of the Deed Records of Jefferson County, Texas and the most westerly northwest corner of the said 7.95 acre tract bears a Chord Bearing of North 15°20'53" West and a Chord Distance of 376.71 feet; THENCE North 71059'33" East a distance of 227.64 feet to a point for the POINT OF TERMINATION of the said centerline. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during December 2007. Walter J. Ksi zek Registered Professional Land Surve o. 5321 ,� � .r•� WALTER J. KSI+� =K Fittz&Shipman,Inc. Page 1 of 1 � • �S�`•• Project No. 07944.0211WL r Plat&Description EXHIBIT "A", PAGE 2 OF 2 i FOUND 1 112" x IRON PIPE I J I � w THE NORTH CHURCH a I Q p OF BEAUMONT W CLERKS FILE NO 2004016568, O.P.R.J.C. (CALLED 7.96 ACRES) POINT OF 0 25 50 TERMINATION z U CENTERLINE w S C A L E Z z I LUG a CENTERLINE o a 15' WIDE EASEMENT iO a 7.5' EACH SIDE w > ICI x N I Z�I Qr., O ° Li Z M I I ICI I � °QJ 0a Z w� oe° � Q I I I a m°w 3J�Q I POINT OF BEGINNING CENTERLINE C2 Cl COMMENCING FOUND 5/8" 8060 EASTEX FREEWAY POINT IRON ROD FOUND (AKA U.S. HIGHWAY 69, 96 & 287) IRON ROD (270' ROW) NUMBER DELTA RADIUS ARC CHORD CHORD BEARING C1 01'21'29" 5594.60 132.60 132.60 N 17'57'23" W C2 03'51'31" 5594.60 376.78 376.71 N 15'20'53" W CLIENT: THE NORTH CHURCH OF BEAUMONT DESCRIPTION OF SERVICES REQUESTED: 15' WIDE WATER LINE EASEMENT SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY& DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION, DURING_DECEMBER 2007. THE ABOVE TRACT BEING LOCATED AT 8060 EASTEX FREEWAY BEAUMONT TEXAS 77708 AND BEING DESCRIBED AS A CENTERLINE DESCRIPTION OUT OF THE W.B. DYCHES SURVEY ABSTRACT 17 AS RECORDED IN VOLUME — PAGE OF THE RECORDS OF — DDEED_ JEFFERSON COUNTY, TEXAS. REVISION DATE GIST- WALTER J. KSIA K shy REGISTERED PROFESSION LAND 5 VE OR N0. 5321 s . s4oE.s..«a DATE 6-10-08 �'������'���� ,...... =# FIELD BOOK N Consul E INC. � �+S�nee►s and Laird Surveyore JOE NO.: 07944.0211 1405 CORNERSTONE COURT BEAUMONT, TEXAS (409)832—7238 FAX (409)832-7303 BMW D RICH WITH OPPORTUNITY [I 11cm A,[I 1�1 C1 I I T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: June 24, 2008 REQUESTED ACTION: Council consider authorizing the acceptance of a sanitary sewer easement. RECOMMENDATION The Administration recommends acceptance of a sanitary sewer easement to provide access for sewer services to property located near Major Drive and Westfield Avenue. BACKGROUND GKH, Inc. has agreed to convey a thirty-seven foot (37') wide Sanitary Sewer Easement to the City of Beaumont. The easement [0.2757 acre tract out of the Hezekiah Williams Survey, Abstract No. 56] will provide sewer services to the GKH property and would also allow for the construction, alteration, operation and maintenance of the said sanitary sewer line and appurtenances. BUDGETARY IMPACT None. \enggkh_parigi-ib 18 June 2008 RESOLUTION NO. WHEREAS, GKH, Inc., has offered to convey a thirty-seven foot (37')wide Sanitary Easement, for property located near Major Drive and Westfield Avenue, being out of the Hezekiah Williams Survey, as described in Exhibit"A" and shown on Exhibit"B," attached hereto, to the City of Beaumont for the purpose of providing access for sewer services; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by GKH, Inc., as described in Exhibit "A" and shown on Exhibit "B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of June, 2008. - Mayor Becky Ames - EXHIBIT "A" Legal Description: 0.2757 Acre Sanitary Sewer Easement Hezekiah Williams Survey, Abstract No. 56 Jefferson County, Texas BEING a 0.2757 acre sanitary sewer easement situated in the Hezekiah Williams Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of that certain called 1.701 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from Delaware Extension Development, Ltd. to GKH, Inc. as recorded in Clerk's File No. 2007048678, Official Public Records of Real Property, Jefferson County, Texas, said 0.2757 acre tract being more particularly described as follows: NOTE: All bearings are based on the East right-of-way line of F.M. Highway 364 North of Westfield Avenue as NORTH 02 053'10" WEST as recorded on the final plat of Fairfield Phase I as recorded in Volume 17, Page 256, Map Records,Jefferson County, Texas. COMMENCING at an iron rod with a cap stamped "Carroll & Blackmon" found for the intersection of the East right-of-way line of F.M. Highway 364 (also known as Major Drive) and the North right-of-way line of Westfield Avenue, said corner also being the Southwest corner of the said 1.701 acre GKH, Inc. tract; THENCE NORTH 02 053'10" WEST, for a distance of 10.00 feet to the Southwest corner and POINT OF BEGINNING of the easement herein described, said point also being the intersection of the North line of a 10 foot wide utility easement as recorded on the final plat of Fairfield Phase I, a subdivision of the City of Beaumont, Jefferson County, Texas, as recorded in Volume 17, Page 256, Map Records, Jefferson County, Texas and the East right-of-way line of F.M. Highway 364; THENCE NORTH 02 053'10" WEST, along and with the East right-of-way line of F.M. Highway 364, for a distance of 315.00 feet to a 5/8" iron rod set for the Northwest corner of the said 1.701 acre GKH, Inc. tract; THENCE SOUTH 87 006'50" WEST, along and with the North line of the said 1.701 acre GKH, Inc. tract, for a distance of 37.00 feet to a point for corner; THENCE SOUTH 02 053'10" EAST, parallel and 37 feet perpendicular to the East right-of-way line of F.M. Highway 364, for a distance of 269.18 feet to a point for corner; THENCE SOUTH 21035'46" EAST, for a distance of 48.38 feet to a point for corner, said corner being in the North line of the above referenced 10 foot wide utility easement; THENCE SOUTH 87 006'50" WEST, along and with the North line of the said 10 foot wide utility easement, for a distance of 52.52 feet to the POINT OF BEGINNING and containing 0.2757 ACRES, more or less. Surveyed on December 12, 2007. This legal description is being submitted along with a plat based on this s ey ee EX T "B"). CPC OF ,. . G\ E9 Thomas S. Rowe, RPLS No. 5728 ....:.•••......•......•........ z:\2005\05-174'105-174GKHesmntm&b.doe THOMAS S. ROWE ........................ ......P 572$ Ffss\0yo suR`� MARK W. WHITELEYAND ASSOCIATES,INC. gado B F.M. HIGHWAY 364 SCALE 1"=200' S OIL O W (ALSO KNOWN AS MAJOR DRIVE) M01 50'URLITY FASE1k711 ��D n W° 1 WLF SHIES UTILITY COMPANY X I 0.1757 ACRE sAwrARr QQ 10L 1793,PC 22J SEWER EASEMENT REFERENCE BEARING PER VOL. 17, PC. 256, MRJC FND 3/8" � (CALL NO2'53'1 OW 881.15') NOS11109119.96' 1. R00 �D252171I727d4 !Iq hUT011T Y�80. 4 - - FND NO2'S3'10 W 881.19' '�� FND N04'58'331Y 109.77' FND N04'58'36"W 338.89' - - FND 1. ROD W/CAP W3 - - - -10 I __SET 5 8 FND TXDO _ _ _ _ FTID FND 5/8" _ _ - - _ -STAMPED W%CARROLL • .-yf� - - _ - _ - - -_ _ -CONC. MONI.- -I- - - -N I I I. JcSLACKMON" I - - - - - - - - - L _ - - _ - - - - - - - - - - - - - - - - I 10' UTILITY EASEMENr 20' UTILITY EASEMENT 10' UTILITY EASEMENT VOL. I7, PC. 256 1 I I I CITY OF BEAUMONT VOL. 17, PG. 256 �� + I MRJC CALLED E(� NT VOL. 1745 . 445 MRJC CALLED 1,701 ACRE C A2100600�5 I ET 518' I I I CF.NO.2007048679 m DELAWARE EXTENSION 11EYELOPMENT,LTD. CF.N0�7018678 LIZ OFR� I _ I DPAIC C.F.N0.20000/7670 FND S0753'10'E 325.43' I I I �-CALLED 2.032 ACRES FND 1. R00 W/CAP v7 ET 5/8" SET 518 ( I JEfFE 5M M#"aRVWZ DISIRICI NO. 6 STAMPED W%'ORROLL 1. R00 1. ROD k BUICKMON w I I C.F.NO.=11014787 w NO I.CALLED I Z IgTAMPED W/"CROII OEUWARECF �47669fN1,LTD. I r jU I & BLACKMON OF I I g GWR� d I GALLED 209.2045 ACRES I I I I gr't�COUNTY 2.99 AM WIR ICT NO. FND 1. ROD W CAP FND 1. ROD W/ I FND 1. ROD W/CAP DELAWARE EXTENSION DEVELOPMENT,LID. nMCT 28 STAMPED W%C ROLL STAMPED W%CARROLL I N I STAMPED W%CARROLL C.F.ND.1000047669 I I I I L•, F.C.A10. 104-01-03" & BLACKMON & BLACKMON W & BLACK, D°RTC FND S075J21'E 73787' CALC. (CALL i 75.110'7M.00i) Cn CORNE FPy�I I I I 1 2 WL 17,PC 256 OE- �I (� 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING I I I OWNERSHIP OR TITLE. I I I I 0 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE AND BELIEF, FORMED IN COURSE IOF�E PERFORMING THE SURVEY IN INFORMATION COMP IANCE Cl 1000.00' 28.00' 28.00' 588 00'10"W 01'36'16" I I WITH THE STANDARDS OF PRACTICE REOUIRED AND PROMULGATED BY THE TEXAS BOARD 72 1000.00' 100.04' 100.00' 589'56'00"E 05'43'56" OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL C3 1000.00' 100.00' 99.96' S89'58'332W 05743 47 I I I I SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED C4 1000.00 99.96' 99.92' N84'14'57 E 05'43'39" OR IMPLIED. CS 1000.00' 100.05' 100.01' S84'1 3'50"W 05'4358 3. ALL SET 518"IRON RODS SET WITH A CAP STAMPED M.W. WHITELEY&ASSOCIATES" C6 1000.00 10.50' 10.50' N 87-30'05" E 00'36'06 ,(I-- LINE BEARING DISTANCE L I Lt N 87-06'50 E 200.00' L2 N'871652 E 55.34' L3 N 87-13'20 E 55.31 EXHIBIT ""B" L4 N 02'53'10" w 10.00' REFER TO EXHIBIT A" LS N 02'53'10" W 315.00' L6 S 87-0650" IN 37.00' FOR FIELD NOTE DESCRIPTION L7 S 02'53'10" E 269.18' L8 S 21'35'46" E 48.38' L9 S 87-06'50" W 52.52' TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: CLIENT: DELAWARE EXTENSION DEVELOPMENT, LTD. ON : W 1;�: SWEET Na.: EXHIBIT "D" L THOMAS S. ROWE 00 HEREBY CERTIFY THAT THIS SURV,Et WAS THIS DAY A 2007 = 1 Of 1 MADE ON THE SURFACE OF THE GROUND OF THE P LY DESCRIBED ;r2 os-1 t 0.2757 ACRE HEREON AND CORRECTLY REPRESENTS THE F OF THE SURVEY. ��••�4••• r�"� OS-174 os-+7+-o.z7sT AcRe.a.9 SANITARY SEWER EASEMENT Q '•• S T L •• MARK W. WHITELEY DATE SU DECEMBER 12 �;•�G •y HEZEKIAH WILLIAMS SURVEY Q o,N AND ASSOCIATES ABSTRACT N0. 56 0L. P, INCORPORATED �...............................+•• CONSULTING ENGINEERS, JEFFERSON COUNTY, TEXAS o v; SURVEYORS, AND PLANNERS 5728 v Q- o °Fe (oa�O THOMAS S. ROWE - REGISTERED PROFE 5 0. 8 V. 0. 90X 5492 3250 EASTE%FRIVY. 8FAUMONT, TEXAS 77726-5492 BEAIMIONT, TEXAS 77703 409-692-0421 ((AX) 409-892-1346 E RICH WITH OPPORTUNITY r T • E X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager ,1r7' PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: June 24, 2008 REQUESTED ACTION: Council consider authorizing the acceptance of a sanitary sewer easement. RECOMMENDATION The Administration recommends acceptance of a sanitary sewer easement to provide access for sewer services to property located near Major Drive and Westfield Avenue. BACKGROUND Madish Investments, Ltd. has agreed to convey a thirty-seven foot (37') wide Sanitary Sewer Easement to the City of Beaumont. The easement [0.1699 acre tract out of the Hezekiah Williams Survey, Abstract No. 56] will provide sewer services to the Madish property and would also allow for the construction, alteration, operation and maintenance of the said sanitary sewer line and appurtenances. BUDGETARY IMPACT None. \engmadish_parigi-ib 18 June 2008 RESOLUTION NO. WHEREAS, Madish Investments, Ltd., has offered to convey a thirty-seven foot(37') wide Sanitary Sewer Easement, for property located near Major Drive and Westfield Avenue, being out of the Hezekiah Williams Survey, as described in Exhibit"A"and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of providing access for sewer services; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Madish Investments, Ltd., as described in Exhibit "A" and shown on Exhibit "B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of June, 2008. - Mayor Becky Ames - EXHIBIT "A" Legal Description: 0.2757 Acre Sanitary Sewer Easement Hezekiah Williams Survey, Abstract No. 56 Jefferson County,Texas BEING a 0.2757 acre sanitary sewer easement situated in the Hezekiah Williams Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of that certain called 1.701 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from Delaware Extension Development, Ltd. to GKH, Inc. as recorded in Clerk's File No. 2007048678, Official Public Records of Real Property, Jefferson County, Texas,said 0.2757 acre tract being more particularly described as follows: NOTE:All bearings are based on the East right-of-way line of F.M. Highway 364 North of Westfield Avenue as NORTH 02°53'10" WEST as recorded on the final plat of Fairfield Phase I as recorded in Volume 17, Page 256, Map Records,Jefferson County, Texas. COMMENCING at an iron rod with a cap stamped "Carroll & Blackmon" found for the intersection of the East right-of-way line of F.M. Highway 364 (also known as Major Drive) and the North right-of-way line of Westfield Avenue, said corner also being the Southwest corner of the said 1.701 acre GKH, Inc. tract; THENCE NORTH 02 053'10" WEST, for a distance of 10.00 feet to the Southwest corner and POINT OF BEGINNING of the easement herein described, said point also being the intersection of the North line of a 10 foot wide utility easement as recorded on the final plat of Fairfield Phase I, a subdivision of the City of Beaumont, Jefferson County, Texas, as recorded in Volume 17, Page 256, Map Records, Jefferson County, Texas and the East right-of-way line of F.M. Highway 364; THENCE NORTH 02 053'10" WEST, along and with the East right-of-way line of F.M. Highway 364, for a distance of 315.00 feet to a 5/8" iron rod set for the Northwest corner of the said 1.701 acre GKH, Inc. tract; THENCE SOUTH 87 006'50" WEST, along and with the North line of the said 1.701 acre GKH, Inc. tract, for a distance of 37.00 feet to a point for corner; THENCE SOUTH 02 053'10" EAST, parallel and 37 feet perpendicular to the East right-of-way line of F.M. Highway 364, for a distance of 269.18 feet to a point for corner; THENCE SOUTH 21 035'46" EAST, for a distance of 48.38 feet to a point for corner, said corner being in the North line of the above referenced 10 foot wide utility easement; THENCE SOUTH 87 006'50" WEST, along and with the North line of the said 10 foot wide utility easement, for a distance of 52.52 feet to the POINT OF BEGINNING and containing 0.2757 ACRES, more or less. Surveyed on December 12, 2007. This legal description is being submitted along with a plat based on this s ey see E T "B"). OF F �- �:"Q Thomas S. Rowe, RPLS No. 5728 ............••••••.. 2:\2005\05-174\05-174GKHes=tm&b.doc THOMAS S. ROWE ................................. 5728 P s'u ak MARK W. WHITELEYAND ASSOCIATES,INC. P C a� • F.M. HIGHWAY 364 �J�gd TND L ROO W/GW �O� (ALSO KNOWN AS MAJOR ORIVE) �b�,�°��0, SCME 1"=200' sD'uTNfIY EASEM74r sTA&am n(,�,f�y� ] aV 5LITE5 UiVtY COIPAW 0.2757 ACRE SW[ARY ��V��p t?l°lL°� 77-X. 179J,PG 22J SEWER EASEMENT REFERENCE BEARING PER VOL. 17, PC. 256, MRJC o P1�J1�U°' FND 3/8' '� - - - -(CALL NO2'SJ'101V 881.15) - - - ^- - - - - - - - - - _ NOT11'0911'9.98' I. ROD -FN�AD232'171172T.04' �/1p� 2 1'1-80 q - - FND NO2'S3'f 014 881.19' '7 FND N04'58'331V 109.77' - __ - - FND 1. ROD W/CAP $ - - 7 -SET 5/8 FND N04'58'36 W 338.89' - - - - - -STAMPED W%CARROLL j �. _- - _ -_ -_- _-_-_- - - _FND TX00 _ _ _ _ � FNO 5/8" d BLACKMON' I y{Q-• • 1�' - - - - - - =CONC�MON(,- -I L - _ -K I H /. ROp � � �U - - - - 10' UTILITY EASEMENT 10 UTILITY EASEMENT v - - - - - - - - - - - - - - VOL. 17, PG. 256 ; VOL. 17, PG. 256 1 I ( 0' OF BEEASEME $ 2CI UTF EASEMENT TAILED 209 ACRE MRJC I SET 5/8 I I MRJC�E11 NACRE CALLED 0.60 ACRE RIG ss& ACRES F I I I �• 17445 . 445 1 I 1. ROD I ( I C.F.NO..1067048679 m CF.NO.2007fµ8678 CF.NO.�45 o z DELAWARE EXTENSION DEVROPMENr,L0. Op/!� C.F.NO.2000047670 FND 1. ROD W/CAP cn Ei 5/8"FND S02'5VIAT 325.AV OPRX STAMPED W/'CARROLL w v SETS/8 I I I �--"-CALLED 2.032 ACHES BLACKMON' 1. R00 I i A"ERSON COUNTY ORA NIGE DISTRICT NO.6 REM�ER OF I FND 1. ROD W/CAP I C.F.NO.2 1014787 CALLED 209'2045 ACRES I (STAMPED W/'CARROLL OEUWARE FXTDVSI0IT OEYELOPMENT,110. I j 7 I & BLACKMON' C.F.NO.2000047669 OF" �U I CALLED209.2045 ACRES ' I I I� ` -CAVED 299 Af71ES FND L ROD W/CAP FILD I. ROD W/ I FNO 1. R00 W/CAP DEUWARE EXTENSION OEYELOPLIENT,LiD. fEHSON/COIMTY APA WE 06ilbCT M7. STAMPED W/" RROCL STAMPED W/'CARROLL ( STAMPED W%CARROLL CF.NO.20)0047669 I21CT 28 d: BLACKMON' d BLACKMON' w k BLACKMON' OPRX I I I I- F.C.NO. 104-01-0353 fND 50153111 737.87' CALC FAIRFlELO I I I c DPRIO (CALL i T5J'OT 738.007 � CORNE AW 17-X. 17,PG.256 12 ��. MRA 1. NOTHING O THIS SURVEY IS INTENDED TO EXPRESS AN OPLNION REGARDING I I I I I OWNERSHIP OR 17TLE. 2. THE WORD CERTIFY IS UNDERSi00D TO BE AN EXPRESSION OF PROFESSIONAL CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION C1 7000.00' 28.00' 28.00' SBB'00'10"W 01'36'16" I I I I �. AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD C2 1000.00' 100.04' 100.00' 589'56'00"E 05'43 56 4J OF PROFESSIONAL LAND SURVEYORS ANO THE TEXAS SOCIETY OF PROFESSIONAL C3 1000.00' 100.00' 99.96 589'58'33 05'43 47" SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED C4 1000.00' 99.96' 99.92' N84'14'57"E 05'43'39 OR IMPLIED. C5 1000.00' 1()0.05' 100.01' 584'1350 05'43'58" I I I C�9;, 3. ALL SET 5/8"IRON RODS SET WITH A CAP STAMPED 'M.W. WHITELEY k ASSOCIATES' C6 1000.00' 10.50' 10.50' N 67-30'05" E 00'36'06 LINE BEARING DISTANCE L1 N 8706 50 E 200.00' L - LZ N 87-16 52 E 55.34' L3 N 62-7320" E 55.30' EXHIBIT "B" L4 N 02'53'10' W 70.00' LS N 02'53 t0" IN 315.00' REFER TO EXHIBIT 'i4" L6 s 8ro6 50" W 37.00' FOR FIELD NOTE DESCRIPTION L7 S 02'53 10 E 269.18 LB S 21'35'46 E 48.38' L9 S 87-06'50" W 52.52 TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY; GLEN: EXHIBIT 6(671 DELAWARE EXTENSION DEVELOPMENT, LTD. 1. THOMAS S. ROWS p0 HEREBY CERTIFY THAT iH15 SUR WAS THIS DAY SAwE' SHEET No.: MADE ON THE SURFACE OF THE GROUND OF THE P LLY DESCRIBED R ACRD 2007 1 HEREON AND CORRECTLY REPRESENTS THE FA QQ, fl Z: 2005 0 -1 4 0.2757 ACRE OF THE SURVEY. �! •t„J 05-174 05-174-0.2757 ACRE.d+q Q ,`••�S T F..F SANITARY SEVER EASEMENT DATE SU DECEMBER f2 •�G 9 MARK W. WHITELEY HEZEKiAH WILLIAMS SURVEY e o:� AND ASSOCIATES T.. ..•••'•••••••••••••••••••• INCORPORATED ABSTRACT N0. 56 T'••••••.••.•.... E, CONSULTING ENGINEERS, JEFFERSON COUNTY, TEXAS tom% 5728 SURVEYORS, AND PLANNERS 0 S,;9pFE 70�?"O� e THOMAS S. ROWE - REGISTERED PROFE su 0. 8 P. 0. Box 5492 .7250 EASTU FNwr BEAUMONT, TEXAS 77725-5492 BGUMONT, TEXAS 77703 409-692-0421 (FAX) 409-092-1346 RICH WITH OPPORTUNITY ILM .11110111 � T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager Y Y � tY g PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: June 24, 2008 REQUESTED ACTION: Consider appointing Theodore Johns as a full-time City Magistrate for a two (2)year term. RECOMMENDATION Administration recommends approval of a resolution appointing Theodore Johns as a full-time City Magistrate for a two (2) year term. BACKGROUND The City Charter of the City of Beaumont states, "There shall be one or more magistrates of said Municipal Court known as City Magistrates, one of whom shall be designated as Chief Magistrate, who shall be elected by a majority vote of the City Council for a term of two (2) years. . . . Compensation for said magistrate shall be fixed by the City Council." The City Council has indicated an interest in the appointment of full-time magistrates to better serve the needs of the Municipal Court. Toward that end, the Council, on June 3, approved a job description for a full-time magistrate fixing the compensation at $100,000 per year. Judge Theodore Johns has expressed his desire to accept a position to serve as a full-time City Magistrate in the Municipal Court. BUDGETARYIMPACT There are sufficient funds in the General Fund to support the compensation of a full-time City Magistrate. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Theodore Johns be appointed as a full-time City Magistrate of the City of Beaumont Municipal Court for a two (2) year term. The base wages of City Magistrate Theodore Johns will be $8,333.33 per month. NOTWITHSTANDING the foregoing compensation, all other terms and conditions of employment with the City of Beaumont shall be pursuant to City policy and the Charter of the City of Beaumont, as with other full-time civilian employees. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24`h day of June, 2008. - Mayor Becky Ames - G RICH WITH OPPORTUNITY I'CA, T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: June 24, 2008 REQUESTED ACTION: Consider appointing Craig Lively as a full-time City Magistrate for a two (2) year term. RECOMMENDATION Administration recommends approval of a resolution appointing Craig Lively as a full-time City Magistrate for a two (2) year term. BACKGROUND The City Charter of the City of Beaumont states, "There shall be one or more magistrates of said Municipal Court known as City Magistrates, one of whom shall be designated as Chief Magistrate, who shall be elected by a majority vote of the City Council for a term of two (2) years. . . . Compensation for said magistrate shall be fixed by the City Council." The City Council has indicated an interest in the appointment of full-time magistrates to better serve the needs of the Municipal Court. Toward that end, the Council, on June 3, approved a job description for a full-time magistrate fixing the compensation at $100,000 per year. Judge Craig Lively has expressed his desire to accept a position to serve as a full-time City Magistrate in the Municipal Court. BUDGETARYIMPACT There are sufficient funds in the General Fund to support the compensation of a full-time City Magistrate. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Craig Lively be appointed as a full-time City Magistrate of the City of Beaumont Municipal Court for a two (2) year term. This appointment will be effective July 14, 2008. The base wages of City Magistrate Craig Lively will be $8,333.33 per month. NOTWITHSTANDING the foregoing compensation, all other terms and conditions of employment with the City of Beaumont shall be pursuant to City policy and the Charter of the City of Beaumont, as with other full-time civilian employees. PASSED BY THE CITY COUNCIL of the City f Beaumon hi to Beaumont this s the 24 day of June Y Y 2008. - Mayor Becky Ames - H RICH WITH OPPORTUNITY r Ci U i'q'O N* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: June 24, 2008 REQUESTED ACTION: Council consider authorizing the award of a contract for the purchase of asphalts, oils, and emulsions. RECOMMENDATION The administration recommends the award of a contract to Martin Asphalt Company of Houston, Texas in the annual estimated amount of$106,400. BACKGROUND Bids were requested for an annual contract for asphalts, oils and emulsions for use by the Public Works Department, Streets and Drainage Division. The materials are used as bonding agents in the maintenance and repair of streets. The bonding agents increase the longevity of the patching material used in potholes and various areas of damage. In addition to street repairs, these materials will be used for the Street Rehabilitation Program. Bid notices were provided to five(5) vendors with Martin Asphalt being the only bidder responding with pricing reflected in the table below. The products included in this bid are listed below. Product Description Estimated Quantity- Unit Price/Gal. Total Price Gallons SS-1: Slow set oil base 6,000 $1.90 $11,400 RS-2: Rapid set oil base 10,000 $2.00 $20,000 AES-300:Water base 30,000 $2.50 $75,000 emulsion TOTAL: $106,400 Contract for Asphalts,Oils, and Emulsions June 24, 2008 Page 2 Martin Asphalt provided these products under the previous contract at the following rates: Product Description Unit Price/Gal. SS-1: Slow set oil base $1.30 RS-2: Rapid set oil base $1.30 AES-300: Water base emulsion $1.35 BUDGETARY IMPACT Funds are available in the Public Works Department, Streets and Drainage Division's operating budget. RESOLUTION NO. WHEREAS, bids were solicited for a contract for the purchase of asphalts, oils, and emulsions for use by the Public Works Department, Streets and Drainage Division; and, WHEREAS, Martin Asphalt Company of Houston, Texas, submitted a bid in the estimated amount of$106,400 in the unit amounts shown below: Product Description Estimated Quantity - Unit Price/Gal. Total'Price Gallons SS-1: Slow set oil base 6,000 $1.90 $11,400 RS-2: Rapid set oil 10,000 $2.00 $20,000 base AES-300: Water base 30,000 $2.50 $75,000 emulsion TOTAL: $106,400 ;and, WHEREAS, City Council is of the opinion that the bid submitted by Martin Asphalt Company of Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Martin Asphalt Company of Houston, Texas, for a contract to purchase asphalts, oils, and emulsions for use by the Public Works Department, Streets and Drainage Division in the unit amounts as shown above for an annual estimated amount of $106,400 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of June, 2008. - Mayor Becky Ames - RICH WITH OPPORTUNITY 11EA,11110N* T • E • R • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 24, 2008 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition-Receive report related to the L.L. Melton YMCA * Public Comment: Persons may speak on scheduled agenda item No. 5/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from RS (Residential Single Family Dwelling) to RM-H(Residential Multiple Family Dwelling-Highest Density) District at 2990 S. Major Drive 2. Consider a request for a specific use permit to allow professional offices in an RCR (Residential Conservation and Revitalization)District at 425 N. 4"' Street 3. Consider a request for a specific use permit to allow a medical office in a GC-MD- 2 (General Commercial-Multiple Family Dwelling-2)District at the northeast corner of Folsom Drive and Pointe' Parkway 4. Consider a request to abandon an undeveloped portion of 9' Street between Corley and Roberts Street 5. Consider approving a new solid waste collection and transportation service franchise 6. PUBLIC HEARING: Dangerous Structure Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of the City of Beaumont v. Maple Glen Partners, LLC. , Upstart Management, SF Pear Orchard, LLC., Shelter First, Inc., and Interstate Realty Management Co. 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 June 24, 2008 Consider a request for a zone change from RS (Residential Single Family Dwelling)to RM-H (Residential Multiple Family Dwelling-Highest Density) District at 2990 S. Major Drive RICH WITH OPPORTUNITY 11cm , � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager c 5 Ik PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 24, 2008 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) District at 2990 S. Major Drive. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND Vera Bagneris has applied for the zone change. Ms. Bagneris states that she is in the process of purchasing this property to allow for a small assisted living facility for the elderly in an existing residential structure. Maximum capacity would be 6 residents. She states that the reason for the zone change to RM-H is to allow for a small sign in front of the property to attract clients. Ms. Bagneris says that the sign will be 6'tall and 32 sq. ft. in area. This type of facility is permitted by right in an RM-H District. The property is presently occupied by a residential structure approximately 3,220 sq. ft. in area, two accessory buildings and a large paved parking area. In May, 2006, City Council approved a zone change from RS to RM-H for 8.23 acres approximately 1,000 feet south of the subject property. In June, 2006, City Council approved a specific use permit to allow an insurance agency at 3336 S. Major. Across Major from the subject property is RM-H zoning. At a Joint Public Hearing held June 16, 2008, the Planning Commission recommended approval 7:0 of a request for a zone change from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) District at 2990 S. Major Drive. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 2990 S. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to RM- H (Residential Multiple Family Dwelling-Highest Density) District for property located at 2990 S. Major Drive, being Lot 6, Block 2, South Amelia Addition, City of Beaumont, Jefferson County, Texas, containing 0.28 acres, more or less, as shown on Exhibit "A," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance or the p , application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of June, 2008. - Mayor Becky Ames - File 5 - • Request for a zone change from RS(Residential Single Family Dwelling) istrict to RM-H (Residential Multiple Family Dwelling-Highest Density) District or a more restrictive district cation: 2990 S. Major Drive pplicant: Vera Bagneris 0 100 200 1 Feet I. Legend I ® 1952Z I I I I RM-H R-S 'o I WILLOW BEND DR __ ... 1 ER M-H, EXHIBIT "A" 2 June 24, 2008 Consider a request for a specific use permit to allow professional offices in an RCR(Residential Conservation and Revitalization) District at 425 N. 41h Street RICH WITH OPPORTUNITY ILI � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager Y Y � Y g r-,-Al PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 24, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow professional offices in an RCR(Residential Conservation and Revitalization) District at 425 N. 4`n Street. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND David and Martha Kapparis have applied for the specific use permit. The Kapparis' intend to relocate the Martha Kapparis Insurance Agency to an existing office building located on the subject property. The relocation will allow the Kapparis' to expand their business and to own the building instead of leasing. The insurance agency represents Farmers Insurance Group and Farmers Financial Solutions and Insurance and Financial Services. The only change they are planning to the exterior of the building is to possibly integrate a second entrance to allow them the opportunity to lease out approximately 700 feet to some type of compatible office user. At a Joint Public Hearing held June 16, 2008, the Planning Commission recommended approval 7:0 of a request for a specific use permit to allow professional offices in an RCR (Residential Conservation and Revitalization) District at 425 N. 4t' Street. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW PROFESSIONAL OFFICES IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 425 N. 4T" STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to David and Martha Kapparis to allow professional offices in an RCR (Residential Conservation and Revitalization) District located at 425 N. 4th Street, being Lots 1 and the E 'h of Lot 2, Block 14, McFaddin 2"d Addition, City of Beaumont, Jefferson County, Texas, containing 0.24 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow professional offices in an RCR (Residential Conservation and Revitalization) District located at 425 N. 4th Street, being Lots 1 and the E '/z of Lot 2, Block 14, McFaddin 2"d Addition, City of Beaumont, Jefferson County, Texas, containing 0.24 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby granted to David and Martha Kapparis, their legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of June, 2008. - Mayor Becky Ames - He 1-P: Request for a specific use permit to allow professional offices in an RCR esidential Conservation and Revitalization) District. cation: 425 N. P Street pplicant: David and Martha Kapparis 0 100 200 l Feet I I Legend i� GC-MD ® 1951P GC-MD L GC-MD I I � i CALDER AVE I 4 I GC-MD GC-MD GC I � r RCR RCR RCR 1' BROADWAY ST i 1 j RC R RR }= RCR ', 111 I FRCRCR R '; RCR I . EXHIBIT "A" ..' -... . ,.a• '! = _ r lam!tI1 t►_`tI i a.. niar4Ss tttottntttltttttttt� ���es�f•I:.`ir;rY' 7SFor tlit-'U Ikl, \ 1 mime Is IEIE NO No ;kilo■■ ■■■EII Ilk MINA zE■E 0 ..SllIE■■■■■■EOEt6. ONE E■N�l!'!!! 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( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 24, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow a medical office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at the northeast corner of Folsom Drive and Pointe' Parkway. RECOMMENDATION The Administration recommends approval of the request subject to the following conditions: • A 6' wide landscape strip is required along the Folsom St. and Pointe' Parkway frontages of the parking lot; • Landscape islands, peninsulas or medians shall be provided for every 10 parking spaces; • Provide an 8' tall wood screening fence along the north end of the subject property and with a waiver of the 10' wide landscape strip along the north end of the property. BACKGROUND Leap Engineering, on behalf of Camidyn Real Estate, has applied for the specific use permit. The proposed medical office will consist of a single story 25,400 sq. ft. building and related parking. Driveway entrances will be limited to Pointe' Parkway. Sidewalks will be built along the two street frontages. An 8' tall wood screening fence will be installed along the north property line where the property abuts RM-H zoning. At a Joint Public Hearing held June 16, 2008, the Planning Commission recommended approval 7:0 of a request for a specific use permit to allow a medical office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at the northeast corner of Folsom Drive and Pointe' Parkway subject to the following conditions: _- I • A 6' wide landscape strip is required along the Folsom St. and Pointe' Parkway frontages of the parking lot; • Landscape islands, peninsulas or medians shall be provided for every 10 parking spaces; • Provide an 8' tall wood screening fence along the north end of the subject property and with a waiver of the 10' wide landscape strip along the north end of the property. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MEDICAL OFFICE IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) DISTRICT LOCATED AT THE NORTHEAST CORNER OF FOLSOM DRIVE AND POINTE' DISTRICT IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use permit to Camidyn Real Estate, to allow a medical office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at the northeast corner of Folsom Drive and Pointe' District, as described in Exhibit "A" and shown on Exhibit "B" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a medical office in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District located at the northeast corner of Folsom Drive and Pointe'is hereby granted to Camidyn Real Estate, its legal representatives, successors and assigns, as described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof for all purposes subject to the hereinafter described conditions: • A 6'wide landscape strip is required along the Folsom St. and Pointe' Parkway frontages of the parking lot; • Landscape islands, peninsulas or medians shall be provided for every 10 parking spaces; • Provide an 8'tall wood screening fence along the north end of the subject property; • Waiver of the 10' wide landscape strip along the north end of the property. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of June, 2008. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 2.2621 acre (98,537.26 sq ft) tract or parcel of land located in the Wesley Dikes Survey,Abstract No. 17, Jefferson County, Texas, Titled October 16, 1835, Patent 1185 Volume 23 in the General Land Office,(aka the W.B. Dyches Survey, Abstract No. 17) and being out of and a part of that called 200.686 acre tract conveyed to LaTex Investors,L.P, of record in Clerks File No. 2000021770 of the Official Public Records of Jefferson County, Texas, said 2.2621 acres being more particularly described by metes and bounds as follows: COMMENCING at a Jefferson County Drainage District No.6 (DD6)Iron Rod with aluminum disc found in the North Right-Of-Way Line of Folsom Drive (100'R.O.W.) for the southwest corner of that called 300 acre tract conveyed as Tract 1 to the Jefferson County Drainage District No.6 of record in Film Code No. 104-01-0353 of the Real Property Records of Jefferson County, Texas, the southeast corner of the said 200.686 acre tract, and the southeast corner of that called 3.5813 acre tract conveyed to Dunleith Partners, Ltd of record in Clerks File No. 2001021999 of the Official Public Records of Jefferson County, Texas; THENCE S 87001'05" W(Basis of Bearin g) along he said North R.O.W. Line of g Folsom Drive and the South Line of the said 3.5813 acre tract, the South Line of the said 200.686 acre tract, and the South Line of that called 2.296 acre tract conveyed to Beaumont Family Practice Associates P A of record in Clerks File No.2002025586 of the Official Public Records of Jefferson County, Texas, for a distance 700.04 feet to a %2" capped Iron Rod found for the southwest corner of the said 2.296 acre tract and the southeast corner and POINT OF BEGINNING of the herein described tract; THENCE S 87 001'05" W continuing along the said north R.O.W Line of Folsom Drive, the South Line of the 200.686 acre tract, and the South Line of the herein described tract for a distance of 200.00 feet to a %" capped Rod set for the southeast corner of the herein described tract at the intersection of the said North R.O.W. Line of Folsom Drive and the East R.O.W Line of Pointe Parkway(called 80'R.O.W.) as described in Plat of Highlands Pointe' of record in Clerks File No.2006050552 of the Official Public Records of Jefferson County,Texas; THENCE N 030 01' 43" W along the West Line of the herein described tract and the East R.O.W. Line of Pointe Parkway for a distance of 304.01 feet to a%" capped Iron Rod set for the Point of Curvature (PC) of a curve to the right; THENCE continuing along said East R.O.W. Line of Pointe Parkway and the West Line of the herein described tract with said curve to the right,having a Radius of 330.53 feet, a Delta Angle of 40° 47' 43", a Chord Distance of 230.40 feet, a Chord Bearing of N 17° 22' 08" E, a distance along the Arc 235.34 feet to a Y' capped Iron Rod Set for the northwest corner of the herein described tract and the southwest comer of that called Tract H-2 of said Highlands Pointe'; EXHIBIT "A" LEGAL DESCRIPTION continued THENCE N 870 01' 05" E along the North Line of the Herein described tract and the South Line of said Tract H-2 for a distance of 119.67 feet to a Y2" capped Iron Rod set for the northeast corner of the herein described tract and the northwest corner of that called 2.4798 acre tract conveyed to Beaumont Family Practice Associates P A of record in Clerks File No. 2004033555 of the Official Public Records of Jefferson County, Texas; THENCE S 030 01 ` 43" W along the West Line of the said 2.4798 acre tract and the East Line of the herein described tract for a distance of 520.03 feet to the POINT AND PLACE OF BEGINNING and containing 2.2621 acres (98,537.26 sq R) of land,more or less. File 1950-P: Request for a specific use permit to allow a medical office in a GC-MD-2 General Commercial-Multiple Family Dwelling-2) District Location: Northeast comer of Folsom Drive and Pointe' Parkway Applicant: Camidyn Real Estate 0 100 200 300 1 I I I Feet R-S Legend m 1950P I A-R FO.INTE-PARK-DR 0 \ f-- RM,,H Cn o z Z m 1 (p ►UA7Ej G'2 f FOLSOM DR A-R EXHIBIT °°g 1181HX3 FP ow Zo m v w D Z77 ' O O D S 87°01'05" W 200.00' FOLSOM DR. 0 w 0 w rn N 0 0 w �oe�o'�e��.7en�owMM� ➢ _N AMBULATORY SURGERY CENTER �' ••. •. .�.,��..«.. (( 9 _ � f 2 fTl I � AND WAGING CENTER t BEAUMONT,TEXAS ❑ �4'.n» ® r•s _rr s'�i�.r A NEW PROFESSIONAL BUILDING � 4 June 24, 2008 Consider a request to abandon an undeveloped portion of 9' Street between Corley and Roberts Street RICH WITH OPPORTUNITY r ►[I 1�1 C1 111 ( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager Q)� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 24, 2008 REQUESTED ACTION: Council consider a request to abandon an undeveloped portion of 9`h Street between Corley and Roberts Streets. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND Drainage District#6 has applied for the street abandonment. DD#6 states that it has developed a plan to relieve flooding in the Corley Cartwright areas. DD#6 has acquired the property on either side of the subject tract. This area will become part of the Corley Cartwright Detention Basin. This item was sent to all interested parties. No negative responses have been received. At a Regular Meeting held June 16, 2008, the Planning Commission recommended approval 7:0 of a request to abandon an undeveloped portion of 9`h Street between Corley and Roberts Streets. BUDGETARY IMPACT None. 05/06/2008 01:10 409-842-2729 DD6 PAGE 02/05 Jefferson County Drainage District No. 6 P.O. Box 20078 6550 waRen JZJ. - Beaumont, Jezas 77720-0078 telephone (409) 8424818 'Fax (409) 842-2729 aabiiahed is 1920 Board of Directors May 6, 2008 Sam 0,Smith William F. Miranda Joshua W.Allen, Sr. Samuel P.Laday James D.McNieholas City of Beaumont Planning Division, Room 205 Richard P LeBlanc,Jr City Hall aENEMLMffi"EA 801 Main Street Beaumont, Texas 77701 Re: Application for Abandonment of an Undeveloped Street Right-of-Way For 9th Street, D. 100-0, Corley Cartwright Project To Whom It May Concern: Jefferson County Drainage District No. 6 (the District) has developed a plan to relieve the flooding in the Corley Cartwright area of Beaumont, Texas, The District is requesting that a small portion of 9th Street, located south of Corley Ave and north of Roberts Ave. be abandoned for the above mentioned project. The District has acquired the property on each side of the undeveloped portion of 9th Street of the College Acres Extension, Lot 10, Block 28 and Lot 1, Block 23. (See highlighted area on attached plat) This area will become part of the Corley Cartwright Detention Basin. Enclosed, please find a plat of this area, along with the "Application For Public Right-of-Way Abandonment". Please place this item on the next agenda for the City of Beaumont's Council Meeting. If you have any questions you can contact, Candy Melancon at the (409) 842-1818 or Jim Broussard at (409) 880-6591. Sincerely, Candy Melancon Right-of-Way Secretary Dr &tags, Storm, Vater .'hGuymcnt, -Troort Control *&unatton and Conservation. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A PORTION OF 9T"STREET BETWEEN CORLEYAND ROBERTS STREETS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT an undeveloped portion of 9" Street between Corley and Roberts Streets, being a 60'x 162' portion of 9th Street, beginning at the northeast corner of Block 28, College Acres Extension and extending in a southerly direction a distance of 162', City of Beaumont, Jefferson County, Texas, containing 0.22 acres, more or less, as shown on Exhibit"A" attached hereto, be and the same are hereby vacated and abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of June, 2008. - Mayor Becky Ames - :;yF`.".j,.�.j:.,i.. - !� 1. .- - .. - _ i:'Sn•- 4�'�.:tom, �:•�''� .�A .I `'•'r'�:• - rQ �- .. � - � ~� .. - � � � - - ,fir .,ri, •�' r S1p i• Or _161 ol Or w .: - - � .. '� +. .:.•.:ass �Y.' 5 June 24, 2008 Consider approving a new solid waste collection and transportation service franchise RICH WITH OPPORTUNITY r C ► T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: June 24, 2008 REQUESTED ACTION: Council consider granting a new solid waste collection and transportation service franchise. RECOMMENDATION Administration recommends granting a solid waste collection and transportation service franchise to Mr. Garbage, LLC. BACKGROUND According to City Ordinance 28-22.1, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Four (4) entities (Allied Waste/BFI, IESI, Triangle Waste Solutions and Waste Management Services) currently have nonexclusive franchise agreements with the City and are doing business in this area. Mr. Garbage, LLC has requested that the City Council grant the company such franchise agreement. Mr. Garbage is locally owned and operated with its corporate office located at 4745 Fannett Road in Beaumont. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and shall continue on a month-to month basis until terminated by either party or extended or replaced. Mr. Garbage shall pay to the City a sum equal to seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three (3) separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four(4) consecutive weeks in a newspaper of general circulation in the city. All publication costs are paid by franchisee. A copy of the franchise agreement is attached for your review. BUDGETARY IMPACT A franchise fee of seven percent(7%) of gross receipts is paid into the General Fund. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: WHEREAS, Mr. Garbage, LLC. (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby granted by the City to Mr. Garbage, LLC. the right and privilege to operate and maintain within the City a solid waste collection and transportation service(the "service"). For purposes of this franchise, the term "solid waste collection and transportation service"shall mean the regular business of collection, hauling ortransporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty(30)days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT(7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity. Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations underthis franchise,whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents,servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its i operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500 000.00)p er occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall I be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll-off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty-eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to the address furnished by Company to City. Notice to City is sufficient if mailed by certified mail to City Manager, P.O. Box 3827, Beaumont, Texas 77704. Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise,the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the day of , 2008. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of , 2008. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of , 2008. - Mayor Becky Ames - ACCEPTANCE: Mr. Garbage, LLC. By: 6 June 24, 2008 PUBLIC HEARING: Dangerous Structure Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program R i.k!1Z Hsu E: i. i,S P L9 1.1 U did J E A,1114 0 N T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: June 24, 2008 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance to declare the following seventy-one (7 1) structures to be dangerous structures and order the owners to raze said structures within ten(l 0) days. if the property owner fails to comply within ten(10) days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan has been established prior to the enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. 1. 325 Adams 11. 6965 Chinn Lane (1) 2. 1088 Amarillo and Shed 12. 4120 Cleveland 3. 10695 Black Lane and Sheds 13. 4199 Concord Road (2) 4. 2471 Brickyard Rd and Garage (1) 14. 435 Doucette Avenue (1) 5. 1045 Broadway(Commercial) (1) 15. 875 Elgie 6. 2345 Buchanan and Shed (1) 16. 155 N. I Ph Street (Commercial) 7. 3840 Buffalo (2) 17. 4850 El Paso (3) 8. 1446 Cable 18. 3560 Euclid W. and Garage 9. 975 Catalpa 19. 1179 Evalon Avenue F10, 1412 Cedar 120. 1091 Gladys(Commercial) (#) Indicates number of tunes structure has been enrolled in work program. Continued) 21. 2080 Glasshouse (2) 47. 2245 Pierce(Rear Shed) (1) 22. 3460 Goliad 48. 2384 Pierce and Shed (1) 23. 4070 Harding Drive (1) 49. 185 Plum E. and Storage Bldg. (2) 24. 2431 Hazel (1) 50. 3725 Preston 25. 2890 Hebert 51. 2608 Sabine Pass Avenue& Garage (1) 26. 6795 Highway 105 52. 562-64-66 2d Street (1) 27. 2033 Ives (1) 53. 620 Shamrock (1) 28. 840 Jackson (1) 54. 540 Shell 29. 310 Jeanette (Storage Building) 55. 330 Simmons E. 30. 4135 Lakner and Garage (3) 56. 370 Simmons E. and Garage (1) 31. 9555 Landis Drive 57. 2235 South 32. 4790 Laredo and Shed (1) 58. 3910 Sunbury 33. 4855 Laredo (1) 59. 2550 10"N. Street 34. 1662 Leiper 60. 670 Terrell (Rear Building) (1) 35. 820 Lincoln Drive 61. 706-08 3'd Street 36. 790 Lindbergh Drive(Commercial) 62. 950 Trinidad and Shed 37. 2375 Linson (1) 63. 5910 Tyrrell Park Road 38. 2035 Magnolia 64. 1403 Virginia W. and Garage 39. 3180 Magnolia 65. 1640 Washington Blvd., Garage and Shed 40. 3765 Maida Road 66. 2345 Washington Blvd. 41. 4227 Marie 67. 2605 Washington Blvd. 42. 1715 McFaddin and Shed (1) 68. 3463 Washington Blvd. 43. 7940 Mitchell Road 69. 2845 Westmoreland and Shed (2) 44. 1860-72 North(Rear Garage Apartment) 70. 3250 Westmoreland and Shed 45. 993 Oakland (1) 71. 4435 Winston Drive 46. 1510 Pennsylvania (*) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Administration recommends City Council condemn these seventy-one(7 1) structures and order the owner to raze within ten (10) days. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan has been established prior to the enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. BACKGROUND These structures have been inspected by the Building Codes Division and found to be dangerous structures as defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. BUDGETARY IMPACT City may incur the cost of demolition. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION; PROVIDING FOR SEVERABILITYAND PROVIDING FORA PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 325 Adams 22. 3460 Goliad 2. 1088 Amarillo and Shed 23. 4070 Harding Drive 3. 10695 Black Lane and Sheds 24. 2431 Hazel 4. 2471 Brickyard Rd and Garage 25. 2890 Hebert 5. 1045 Broadway(Commercial) 26. 6795 Highway 105 6. 2345 Buchanan and Shed 27. 2033 Ives 7. 3840 Buffalo 28. 840 Jackson 8. 1446 Cable 29. 310 Jeanette (Storage Building) 9. 975 Catalpa 30. 4135 Lakner and Garage 10. 1412 Cedar 31. 9555 Landis Drive 11. 6965 Chinn Lane 32. 4790 Laredo and Shed 12. 4120 Cleveland 33. 4855 Laredo 13. 4199 Concord Road 34. 1662 Leiper 14. 435 Doucette Avenue 35. 820 Lincoln Drive 15. 875 Elgie 36. 790 Lindbergh Drive (Commercial) 16. 155 N. 11` Street(Commercial) 37. 2375 Linson 17. 4850 El Paso (3) 38. 2035 Magnolia 18. 3560 Euclid W. and Garage 39. 3180 Magnolia 19. 1179 Evalon Avenue 40. 3765 Maida Road 20. 1091 Gladys (Commercial) 41. 4227 Marie 21. 2080 Glasshouse 42. 1715 McFaddin and Shed 43. 7940 Mitchell Road 58. 3910 Sunbury 44. 1860-72 North (Rear Garage Apartment) 59. 2550 10`h N. Street 45. 993 Oakland 60. 670 Terrell (Rear Building) 46. 1510 Pennsylvania 61. 706-08 3`d Street 47. 2245 Pierce (Rear Shed) 62. 950 Trinidad and Shed 48. 2384 Pierce and Shed 63. 5910 Tyrrell Park Road 49. 185 Plum E. and Storage Bldg. 64. 1403 Virginia W. and Garage 50. 3725 Preston 65. 1640 Washington Blvd., Garage and Shed 51. 2608 Sabine Pass Avenue&Garage 66. 2345 Washington Blvd. 52. 562-64-662 nd Street 67. 2605 Washington Blvd. 51 620 Shamrock 68. 3463 Washington Blvd. 54. 540 Shell 69. 2845 Westmoreland and Shed 55. 330 Simmons E. 70. 3250 Westmoreland and Shed 56. 370 Simmons E. and Garage 71. 4435 Winston Drive 57. 2235 South to be public nuisances in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires or would otherwise endanger the public health, safety and welfare of persons and property. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont and Section 14-52 of the Code of Ordinances of Beaumont,Texas,the City Council further finds and it is hereby ordered that the owner or owners of the following described buildings, in order to prevent a grave and immediate threat to life or property, demolish and remove said structures within ten (10) days of the effective date of this ordinance. 1. 325 Adams 32. 4790 Laredo and Shed 2. 1088 Amarillo and Shed 33. 4855 Laredo 3. 10695 Black Lane and Sheds 34. 1662 Leiper 4. 2471 Brickyard Rd and Garage 35. 820 Lincoln Drive 5. 1045 Broadway(Commercial) 36. 790 Lindbergh Drive (Commercial) 6. 2345 Buchanan and Shed 37. 2375 Linson 7. 3840 Buffalo 38. 2035 Magnolia 8. 1446 Cable 39. 3180 Magnolia 9. 975 Catalpa 40. 3765 Maida Road 10. 1412 Cedar 41. 4227 Marie 11. 6965 Chinn Lane 42. 1715 McFaddin and Shed 12. 4120 Cleveland 43. 7940 Mitchell Road 13. 4199 Concord Road 44. 1860-72 North (Rear Garage Apartment) 14. 435 Doucette Avenue 45. 993 Oakland 15. 875 Elgie 46. 1510 Pennsylvania 16. 155 N. 11`h Street(Commercial) 47. 2245 Pierce (Rear Shed) 17. 4850 El Paso (3) 48. 2384 Pierce and Shed 18. 3560 Euclid W. and Garage 49. 185 Plum E. and Storage Bldg. 19. 1179 Evalon Avenue 50. 3725 Preston 20. 1091 Gladys (Commercial) 51. 2608 Sabine Pass Avenue & Garage 21. 2080 Glasshouse 52. 562-64-662 nd Street 22. 3460 Goliad 53. 620 Shamrock 23. 4070 Harding Drive 54. 540 Shell 24. 2431 Hazel 55. 330 Simmons E. 25. 2890 Hebert 56. 370 Simmons E. and Garage 26. 6795 Highway 105 57. 2235 South 27. 2033 Ives 58. 3910 Sunbury 28. 840 Jackson 59. 2550 10`h N. Street 29. 310 Jeanette (Storage Building) 60. 670 Terrell (Rear Building) 30. 4135 Lakner and Garage 61. 706-08 3`d Street 31. 9555 Landis Drive 62. 950 Trinidad and Shed 63. 5910 Tyrrell Park Road 68. 3463 Washington Blvd. 64. 1403 Virginia W. and Garage 69. 2845 Westmoreland and Shed 65. 1640 Washington Blvd., Garage and Shed 70. 3250 Westmoreland and Shed 66. 2345 Washington Blvd. 71. 4435 Winston Drive 67. 2605 Washington Blvd. If the property owner(s)fail(s)to comply within ten (10)days, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of June, 2008. - Mayor Becky Ames -