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HomeMy WebLinkAboutRES 09-094 RESOLUTION NO. 09-094 WHEREAS, Cleburne Care Property, L.P., has agreed to convey two (2) ten foot (10')wide utility easements to the City of Beaumont, one easement being an 0.9514 acre tract out of Plat SP-8,Tracts 27-L and 27-M,C.Williams Survey[along proposed extension of Moore Drive to Pevitot Road] and the other being an 0.1012 acre tract out of Plat SP-8, Tracts 27-L and 27-M, C. Williams Survey[north from proposed extension of Moore Drive to Pevitot Road], as described in Exhibits "A" and "B," Pages 1-2, and shown on Exhibits "A" and "B," Page 3, respectively, attached hereto, for the purpose of providing service to Summer Place Nursing Home located at 2485 S. Major Drive; and, WHEREAS,the City Council has considered the acceptance of said easements and is of the opinion that the acceptance of said easements of property 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 easements conveyed by Cleburne Care Property, L.P., as described and shown in Exhibits "A" and "B," be and the same are hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of April, 2009. r " ••�/7, i0 #1 y .a 0-1 - ayor Becky Ames - i Aw 4., Fiffz & Shipman INC Consulting Engineers and Land Surveyors EXHIBIT "A", PAGE 1 OF 3 FIELD NOTE DESCRIPTION OF A 0.9514 ACRE TRACT FOR A UTILITY EASEMENT OUT OF THE CHARLES WILLIAMS SURVEY, ABSTRACT 59 JEFFERSON COUNTY, TEXAS MARCH 17, 2009 TRACT 1 That certain 0.9514 acre tract for a utility easement out of the Charles Williams Survey, Abstract 59, Jefferson County, Texas, and being out of a called 4.6193 acre tract (Tract 1), a called 5.1298 acre tract (Tract II) and a called 7.3509 acre tract (Tract III) conveyed to Cleburne Care Property, LP as recorded in Clerks File No. 2007039195 of the Official Public Records of Jefferson County, Texas, said 0.9514 acre being more particularly described by metes and bounds as follows: Note: The Basis of Bearing is the east right-of-way line of F.M. Highway 364 (aka Major Drive) and a portion of a west line of a called 5.5983 acre tract (Tract 1) and a called 2.9318 acre tract (Tract II) conveyed to Cleburne Care Property, LP as recorded in Clerks File No. 2007016573 of the Official Public Records of Jefferson County, Texas having been called North 02°56'24"West 604.05 feet. COMMENCING at a capped iron rod found in the south line of a called 0.615 acre tract (Tract One) conveyed to Terry L. Gorrell as recorded in Clerks File No. 9417784 of the Official Public Records of Jefferson County, Texas for the northeast corner.of the said 5.5983 acre tract and the northwest corner of the said 4.6193 acre tract from which a capped iron rod found for an interior corner of the said 4.6193 acre tract bears South 89 049'44" East 281.35 feet (called South 89 049'24" East 281.31 feet); THENCE South 00 009'42"West along the east line of the said 5.5983 acre tract and the west line of the said 4.6193 acre tract a distance of 469.94 feet (called South 00 010'36"West) to a Y2" capped iron rod set in the north right-of-way line of Moore Drive; THENCE South 89 049'52" East along the said north right-of-way line of Moore Drive a distance of 249.80 feet (called South 89 049'24" East) to a %" capped iron rod set for the northeast corner of Moore Drive, the most westerly northwest corner of the said 0.9514 acre tract and the POINT OF BEGINNING; THENCE along the most westerly north line of the said 0.9514 acre tract with a curve to the left having a chord bearing of North 79 003'10" East, a chord distance of 71.43 feet and a radius of 170.00 feet, a distance along the curve of 71.97 feet to the PT of the said curve; Fittz&Shipman,Inc. Project No. 07141UEtrl Plat&Description 1405 Cornerstone Court,* Beaumont, Texas 77706 • (409) 832-7238 • fax(409) 832-7303 EXHIBIT "A" EXHIBIT "A", PAGE 2 OF 3 THENCE North 66°49'44" East continuing along the said most westerly north line of the 0.9514 acre tract a distance of 504.02 feet to a point for the PC of a curve; THENCE continuing along the said most westerly north line of the 0.9514 acre tract with a curve to the right having a chord bearing of North 78°32'11" East, a chord distance of 93.34 feet and a radius of 230.00 feet, a distance along the curve of 94.00 feet to the PT of the said curve; THENCE North 00 010'30" East along the most northerly west line of the said 0.9514 acre tract a distance of 356.11 feet to a point in the north line of the said 5.1298 acre tract for the most northerly northwest corner of the said 0.9514 acre tract from which a capped iron rod found for the most northerly northwest corner of the said 4.6193 acre tract bears South 89 051'19" West 592.41 feet (called South 89 051'15"West); THENCE North 89°51'19" East along the north line of the said 5.1298 and 0.9514 acre tracts a distance of 3.00 feet (called North 89 051'15" East) to a capped iron rod found for the northeast corner of the said 5.1298 and 0.9514 acre tracts; THENCE South 00 010'30" West along the east line of the said 5.1298, 7.3509 and 0.9514 acre tracts a distance of 416.13 feet (called South 00 010'36"West) to a point for the southeast corner of the said 0.9514 acre tract from which a capped iron rod found in the north line of a LNVA Canal for the southeast corner of the said 7.3509 acre tract bears South 00 010'30"West 470.20 feet (called South 00°10'36"West); THENCE along the south line of the said 0.9514 acre tract with a curve to the left having a chord bearing of South 78 033'43"West, a chord distance of 74.83 feet and a radius of 170.00 feet, a distance along the curve of 75.45 feet to the PT of the said curve; THENCE South 66°49'44" West continuing along the said south line of the 0.9514 acre tract a distance of 501.13 feet to a point for the PC of a curve; THENCE continuing along the south line of the 0.9514 acre tract with a curve to the right having a chord bearing of South 78°54'41"West, a chord distance of 95.70 feet and a radius of 230.00 feet, a distance along the curve of 96.40 feet to a %" capped iron rod set for the southeast corner of Moore Drive and the southwest corner of the said 0.9514 acre tract; THENCE North 00 009'42" East along the east line of said Moore Road and the west line of the said 0.9514 acre tract a distance of 60.00 feet (called North 00 009'42" East 60.00 feet) to the POINT OF BEGINNING and containing 0.9514 acre of land, more or less. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during January and May 08. It OF Tr Wa tez #.� •��IS7�pt� q� Registered Professio I Land Sury or No. 5321 * •�`' * . Fittz&Shipman,Inc. iff WALTER J. KSIAZEK Project No. 07141UEtr1 �. Plat&Description .-& ��' �6 D*06so* �, �'ltR CLIENT: CLEBURNE CARE PROPERTY LP G.F. NO. EXHIBIT "A", PAGE 3 OF 3 0 100 00 V^ NOW OR FORMERLY RANDY WAYNE LEFTWICH a F CLERKS FILE NO. 2002020563, O.P.R.J.C. Y J d e (CALLED 0.344 ACRE) w PEVITO ROAD �0 I w 0 V rn v REMAINDER OF ¢J ¢ GEORGE A. DISHMAN 0 r AND JAMES C. DISHMAN z u VOL. 2330, PG. 425, D.R.J.C. L3 I FOUND FOUND 0z w 00 CAPPED (CALLED 41.031 ACRES) I CAPPED N J IRON ROD S 89'51'19" W 592 41 IRON ROD w (CALLED S 89'51'15" W) V v 7.0 (CALLED S 89'49'24" E 281.31) 10' UTILITY 3.0 S 89' 9'44" E 281.35 EASEMENT I �3 (TOTAL) M Id. COMMENCING FOUND la1 st ro POINT g d w IRON ROD CLEBURNE CARE PROPERTY, LP 0 1 3 0 UlluTY CLERKS FILE NO. 2007039195, O.P.R.J.C. M I a o EASEMENT Z 0¢ (CALLED TRACT 11-5.1298 ACRES) I n u p FOUND CAPPED IRON ROD g n io O I O¢ 80'UTILITY z I 0 CLEBURNE CARE PROPERTY, LP J < v EASEMENT C2 � tn CLERKS FILE NO. 2007016573, O.P.R.J.C. w z POINT OF (CALLED TRACT 1-5.5983 ACRES) z w BEGINNING 2 / m 4 w UTILITY .r y EASEMENT co SET 1/2' 0.9514 ACRE" g6 z<C w CAPPED V SET 1/2 / �. O ¢�p IRON ROD CAPPED j/ / 50 w f N U Q IRON ROD / / C ox- ¢ p ry _ L2 C1// /6�9h ;0o°c;po TRACT 1 _ — MOORE DRIVE — '� / 0.9514 ACRE TRACT o awwaa J C4 UTIUTY EASEMENT S 3 g o N ly SET 7/2' rn O V= ¢ CAPPED M ¢J.V. IRON ROD w O ]O r CLEBURNE CARE PROPERTY, LP CLEBURNE CARE PROPERTY, LP <00 CLERKS FILE NO. 2007016573, O.P.R.J.C. CLERKS FILE N0. RE PR 9195, O.P.R.J.C. (/1 p (CALLED TRACT II-2.9316 ACRES) (CALLED TRACT III-7.3509 ACRES) 0: FOUND CAPPED IRON ROD LNVA CANAL NOTE: THE BASIS OF BEARINGS IS THE EAST RIGHT-OF-WAY LINE OF F.M. HIGHWAY 364-MAJOR DRIVE AND A WEST NUMBER DIRECTION DISTANCE LINE OF THE 5.5983 ACRES-TRACT I IN CLERKS,FILE NO. 2007016573 HAVING BEEN CALLED NORTH 02'56'14" WEST. Ll S 00'09'42" W 469.94 CALLED S DO'10'36" W NUMBER DELTA RADIUS ARC CHORD CHORD BEARING L2 S 89-49-52" E 249.80 Cl 24'15'19" 170.00 71.97 71.43 N 79'03'10" E CALLED S 89.49'24" E C2 23'24'55" 230.00 94.00 93.34 N 78'32'11" E k N 89'51'19" E 3.00 C3 25'25'47" 170,00 75,¢5 74.83 $ 76'33'43" W LLED N 89'51'15' E C4 24'00'51" 230.00 96.40 95.70 S 78'54'41" W N 00'09'42" E 60.00 LED N 00'09'47' E 60.00 DESCRIPTION OF SERVICES REQUESTED: UTILITY EASEMENT SURVEYOR'S CERTIFICATION: 1 DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY do DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION, DURING JANUARY AND MAY 2008 THE ABOVE TRACT BEING LOCATED AT MOORE DRIVE & PEVITO ROAD BEAUMONT TEXAS 77707 AND BEING DESCRIBED AS A UTILITY EASEMENT IN THE CHARLES WILLIAMS SURVEY A-59 AS RECORDED IN VOLUME - PAGE - OF THE DEED RECORDS OF J EFFERSON COUNTY, TEXAS. REVISION DATE [' Yom•Y�� WALTER J. KSI •'��G1ST �27fi RE GISTERED PROFESSION LAND SUR i ATE: 3-17-09 ELD Fitz&Shipman , ... WOK NO.: 08-02 ConsullingEngineers and Land Surveyors INC. ••Gsgyp�;Q )B NO.: 07141.0000 1405 CORNERSTONE COURT BEAUMONT, TEXAS Fiffz & Shipman INC Consulting Engineers and Land Surveyors FIELD NOTE DESCRIPTION OF A 0.1012 ACRE TRACT FORA UTILITY EASEMENT OUT OF THE CHARLES WILLIAMS SURVEY, ABSTRACT 59 JEFFERSON COUNTY, TEXAS ' MARCH 17, 2009 TRACT 2 That certain 0.1012 acre tract for a utility easement out of the Charles Williams Survey, Abstract 59, Jefferson County, Texas, and being out of the remainder of a called 41.031 acre tract conveyed to George A. Dishman and James C. Dishman as recorded in Volume 2330, Page 425 of the Deed Records of Jefferson County, Texas, said 0.1012 acre being more particularly described by metes and bounds as follows; Note: The Basis of Bearing is the east right-of-way line of F.M. Highway 364 (aka Major Drive) and a portion of a west line of a called 5.5983 acre tract (Tract 1) and a called 2.9318 acre tract (Tract II) conveyed to Cleburne Care Property, LP as recorded in Clerks File No. 2007016573 of the Official Public Records of Jefferson County, Texas having been called North 02 056'24"West 604.05 feet. COMMENCING at a capped iron rod found in the north line of a LNVA Canal for the southeast corner of a called 7.3509 acre tract (Tract III) conveyed to Cleburne Care Property, LP as recorded in Clerks File No. 2007039195 of the Official Public Records of Jefferson County, Texas; THENCE North 00 010' 30" East along the east line of the said 7.3509 acre tract a distance of 470.20 feet (called North 00°10'36" East) to a point for the southwest comer of the said 0.1012 acre tract and the POINT OF BEGINNING; THENCE North 00 010' 30" East continuing along a portion of the said east line of the 7.3509 1 acre tract, the east line of a called 5.1298 acre tract (Tract II) described in said Cleburne Care Property deed and the most southerly west line of the said 0.1012 acre tract a distance of 416.13 feet (called North 00 010'36" East) to a point for the northeast corner of the said 5.1298 acre tract and an interior corner of the said 0.1012 acre tract from which a capped iron rod found for the most northerly northwest corner of the said 5.1298 acre tract bears South 89 051'19"West 592.41 feet (called South 89 051'15" West); THENCE South 89 051'19"West along the north line of the said 5.1298 acre tract and an interior line of the said 0.1012 acre tract a distance of 3.00 feet (called South 89°51'15" West) to a point for corner; Filtz&Shipman,Ina Project No. 07141UBtr2 Plat&Description 1405 Cornerstone Court,• Beaumont, Texas 77706 • (409) 832-7238• fax (409) 832-7303 EXHIBIT`B" PAGE 1 of 3 THENCE North 00°10'30" East along a west line of the said 0.1012 acre tract a distance of 149.71 feet to a point in the south right-of-way line of Pevito Road and the north line of the said 41.031 acre tract for the northwest corner of the said 0.1012 acre tract; THENCE North 89 058'37" East along the said south right-of-way line of Pevito Road and the north line of the said 41.031 and 0.1012 acre tracts a distance of 10.00 feet (called South 89 051'15" East) to a point for the northeast corner of the said 0,1012 acre tract; THENCE South 00 010'30"West along the.east Iine;cll:';the said 0.1012 acre tract a distance of 565.86 feet to a point for the southeast pdrner.of tt e'said 0.1012 acre tract; THENCE North 89°49'24" West along the soLith line:of'the said 0.1012 acre tract a distance of 7.00 feet to the POINT OF BEGINNING and`'containing 0.1012 acre of land, more or less. This Field Note Description is based on a survey perfprmed by Fittz & Shipman, Inc. during January and May 2008. Walter J. Ksiazek Registered Professional Land Su yor,No. 5321 .� ;O+ TF* M�.�GISTE, F,t WALTER J. KSIAZEK .,� •Y; ;�%4 f, Fittz &Shipman,Inc. Project No. 07141UEtr2 Plat&Description EXffiBIT"B" PAGE 2"of 3 CLIENT: CLEBURNE CARE PROPERTY, LP G.F. N0. — 0 1 A 0 S C A L E v NOW OR FORMERLY RANDY WAYNE LEFTWICH a CLERKS FILE NO. 2002020563, O.P.R.J.C. r J o (CALLED 0.344 ACRE) a o w. ' PEVITO ROAD L3 v REMAINDER OF 10.0 J a GEORGE A. DISHMAN 0 r 0 AND JAMES C. DISHMAN NI O Z¢ O FOUND VOL. 2330, PG. 425, D.R.J.C. I FOUND z o CAPPED (CALLED 41.031 ACRES) Ll I CAPPED I IRON ROD IRON ROD S 89'51 19" W 592.41 u (CALLED S 89'51'15"W) 3.0 7.0 10'U MJTY — EASEMENT M3 I (TOTAL) I"ip 1j n d IJ FOUND o W FOUND CAPPED OJ,a w ROD ° CLEBURNE CARE PROPERTY, LP .I IRON ROD IRON CLERKS FILE NO. 2007039195, O.P.R.J.C. o O a (CALLED TRACT II-5.1298 ACRES) Z o o M TRACT 2 a p l a° 0.1012 ACRE TRACT 3 0 wl 1 0 UTILITY EASEMENT _z CLEBURNE CARE PROPERTY, LP a U CLERKS FILE NO. 2007016573, O.P.R.J.C. wz< (CALLED TRACT 1-5.5983 ACRES) z / RJ0 / L5 J V a / v / / a fr Vl UYU / M SET CAPPED U v SET 1/2' // // a o¢ IRON ROD CAPPED / / POINT OF O¢W M w� IRON ROO O BEGINNING =N a N s UTILITY o d N o EASEMENT MOORE DRIVE moicia ACRE o w n oa a NJ - SET 1/2' 2 M oz V CAPPED < IRON ROD �� W CLEBURNE CARE PROPERTY, LP v O CLERKS FILE N0. 2007016573, O.P.R.J.C. CLEBURNE CARE PROPERTY, LP 0 (CALLED TRACT II-2.9318 ACRES) CLERKS FILE NO. 2007039195, O.P.R.J.C. Z (CALLED TRACT III-7.3509 ACRES) O Q LNVA CANAL COMMENCING NUMBER DIRECTION DISTANCE POINT L1 S 89'51'19" 3.00 UTILITY LLED s 69•s1'1s"w � EASEMENT CA FOUND NOTE: THE BASIS OF BEARINGS IS THE EAST RIGHT-OF-WAY VL5kI N 00'10'30" E 149,71 CAPPED LINE OF F.M. HIGHWAY 364-MAJOR DRIVE AND A WEST IRON ROD LINE OF THE 5.5983 ACRES-TRACT I IN CLERKS FILE N0. N 89'58'37" E 10.00 2007016573 HAVING BEEN CALLED NORTH 02.56'14" WEST: S 89.51'15"E S 00'10'30" W 565.86 89'49'24 W 7.00 DESCRIPTION OF SERVICES REQUESTED: UTILITY 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 JANUARY AND MAY 2008 THE ABOVE TRACT BEING LOCATED AT MOORE DRIVE & PEVITO ROAD BEAUMONT TEXAS 77707 AND BEING DESCRIBED AS A UTILITY EASEMENT IN THE CHARLES WILLIAMS SURVEY A-59 AS RECORDED IN VOLUME - PAGE - OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. / REVISION DATE 16 OF rp �,Q�GISTF,`,OF�7d, WALTER J. KSI EK • REGISTERED PROFESSI AL LAND SUR EYOR NO. 5321 WALTER J. K81A2!0K ATE: 3-17-09 Fittz&Shipman 0.1 Sul ELD OOK NO.: 08-02 INC:!•��'�1r881a Consulting Engineers and Land Surveyors AHD•.. • Oq )8 NO.: 07141.0000 1405 CORNERSTONE COURT BEAUMONT, TEXAS g(lF1V'C