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HomeMy WebLinkAboutRES 10-004 RESOLUTION NO. 10-004 WHEREAS, Beaumont Independent School District has offered to convey a ten foot (10') wide water line easement and a fifteen foot (15') wide sanitary sewer easement for property located at 565 Major Drive, as described in and shown on Exhibits "A" and "B" attached hereto, to the City of Beaumont for the purpose of providing water and sewer service for the new Amelia Elementary School; 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 easements conveyed by Beaumont Independent School District, as described in and shown on 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 12th day of January, 2010. e 9 I - Mayor Becky Ames - I j i 1 Nil , -ARC Fittz & Shipman INC Consulting Engineers and Land Sw-veyors CENTERLINE DESCRIP'T'ION OF A 10' WIDE EXCLUSIVE WATER LINE EASEMENT OUT OF THE C. WILLIAMS SURVEY, ABSTRACT 59 JEFFERSON COUNTY,TEXAS AUGUST 27, 2009 That certain centerline description for a 10' wide exclusive water line easement, 5.0' on each side of centerline, out of the C. Williams Survey, Abstract 59, Jefferson County, Texas, said centerline being more particularly described by the following courses and distances: Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, South Central Zone #4204. COMMENCING at a '/2" capped iron rod set at the intersection of the east right-of-way line of Major Drive and the south right-of-way line of Drennan Drive from which a found 518" iron rod in concrete found at the intersection of the said east right-of-way line of Major Drive and the north right-of-way line of Drennan Drive bears North 02°43'48" West 60.00 feet; THENCE North 86°54'18" East along the said south right-of-way line of Drennan Drive a distance of 486.94 feet to a point for the POINT OF BEGINNING of Part 1 of the said centerline from which a '/" capped iron rod set at the intersection of the said south right-of-way line of Drennan Drive and the east right-of-way line of Trojan Drive bears North 86 054'18" East 209.60 feet; THENCE South 02°50'46" East along the said centerline of Part 1 a distance of 791.17 feet to an angle point; THENCE South 87 010'57" West continuing along the said centerline of Part 1 a distance of 5.00 feet to a point in the east line of a 15' wide sanitary sewer easement for the POINT OF TERMINATION of the said centerline of Part 1. THENCE South 87 010'57" West a distance of 15.00 feet to a point in the west line of the said 15' wide sanitary sewer easement for the POINT OF BEGINNING of Part 2 of the said centerline; THENCE South 87°10'57" West along the said centerline of Part 2 a distance of 116.48 feet to a point in the east line of a 10' wide GSU underground easement recorded in Volume 1825, Page 36 of the Deed Records of Jefferson County, Texas for the POINT OF TERMINATION of the said centerline of Part 2. FITTZ&SHIPMAN,INC. Project No. 08232Water Plat& Description 1405 Cornerstone Court,* Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 EXHIBIT "A" THENCE South 87°10'57"West a distance of 10.00 feet to a point in the west line of the said 10' wide GSU underground easement for the POINT OF BEGINNING of Part 3 of the said centerline; THENCE South 87°10'57"West along the said centerline of Part 3 a distance of 342.05 feet to a point in the said east right-of-way line of Major Drive for the POINT OF TERMINATION of the said centerline of Part 3 from which a '/2" capped iron rod set for the northwest corner of a tract conveyed to Faithe Redman Jorden as recorded in Volume 1639, Page 352 of the Deed Records of Jefferson County, Texas bears South 02 043'48" East 294.54 feet. This description is based on a survey and plat made by Fittz & Shipman, Inc. during December 2008 and January 2009. Walter J. sia ek �.�S OF r Registered Profession and Su r No. 5321 '� . •' F� g *'+•���iST����ss+ WALTER J KSIAZFzK gU�tve't FITTZ&SHIPMAN,INC. Project No. 08232Water Plat& Description E ROJAN 10' WIDE EXCLUSIVE WATER LINE EASEMENT DRIVE sArP'E 2 Fittz&Shipman S},EET NG. RON ROD INC. PROJECT NAME: Consu/hng Engvieers and Land Surveyors B I S D Z 1405 CORNERSTONE COURT, BEAUMONT, TEXAS AMELIA ELEMENTARY SCHOOL J (409) 832-7238 FAX (409) 832-7303 BEAUMONT, TEXAS PROJECT N0, 0 DATE: 8-24-09 08232 N POINT OF BEGINNING POINT OF CENTERLINE TERMINATION PART 1 CENTERLINE ---- — - _ _ S 02'50'46" E 791.17 PART 1 �_-- --— 5 L I 87'1 057" W 00 _.--15.00 POINT OF� BEGINNING 3 CENTERLINE 10' WIDE CENTERLINE EXCLUSIVE PART 2 m WATER LINE EASEMENT b POINT OF ° O r' ' TERMINATION 10' BED UNDERGROUND 0000 CENTERLINE EASEMENT 1n PART 2 VOL. 1825. .R.J PG. 36, ur oo D.R.J.C. --_ 1000 N In li 00 SURVEYOR'S CER TIFlCATION: � �Z 1 DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, POINT OF w Z THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE BEGINNING s Q1 (o JA THE GROUND UNDER MY SUPERVISION DURING DECEMBER 2008 AND CENTERLINE ( 100 �, o Z Do JANUARY 2009. �y H < W PART 3 a S C A—LE O W 0 F N u; ��.. •1.r`r, I^ m FOUND 1/2' SET (Y+ WALTER J. KsIAZEK d ° GISTFR 0 RON ROD Q REGISTERED PROFESSION21 • •�� F��� N �[FN IRON ROD e 5.00 WALTER J. K31AZF.K 3 02'43'48" WV,i� 6 99.681 ♦ p 921 .,. 8,n •9 0 �d c O j H $ll1iVF{ V I CENTERLINE 10' WIDE EXCLUSIVE 00 T' �w COMMENCING WATER LINE EASEMENT J POINT > POINT OF SET 1�z TERMINATION (D c o cc v IRON PP ROD CENTERLINE n SET 112" C, _ PART 3 CAPPED 0-E - IRON ROD 7-- o 294.54 1 Q N 02'43'48" W 60.00 S 02'43'48" E 1088.35 _ FOUND 5/8 IRON ROD N MAJOR DRIVE I NOTE: 8E4,RIN5S ARE REFERENCED TO THE NAC83, CONCRETE P..O.W. VARIES TEXAS STATE PLANE COODINATE S,STEId, SOUTH CENTRAL ZONE #4204. Fittz & Shipman INC Consulting Engineers and Land Surveyors CENTERLINE DESCRIPTION OF A 15' WIDE SANITARY SEWER EASEMENT OUT OF THE C. WILLIAMS SURVEY, ABSTRACT 59 JEFFERSON COUNTY, TEXAS AUGUST 27, 2009 That certain centerline description for a 15' wide sanitary sewer easement, 7.5' on each side of centerline, out of the C. Williams Survey, Abstract 59, Jefferson County, Texas, said centerline being more particularly described by the following courses and distances: Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, South Central Zone#4204. COMMENCING at a '/2" capped iron rod set at the intersection of the east right-of-way line of Major Drive and the south right-of-way line of Drennan Drive from which a found 5/8" iron rod in concrete found at the intersection of the said east right-of-way line of Major Drive and the north right-of-way line of Drennan Drive bears North 02°43'48" West 60.00 feet; THENCE North 86°54'18" East along the said south right-of-way line of Drennan Drive a distance of 474.44 feet to a point for the POINT OF BEGINNING of the said centerline from which a '/z" capped iron rod set at the intersection of the said south right-of-way line of Drennan Drive and the east right-of-way line of Trojan Drive bears North 86 054'18" East 222.10 feet; THENCE South 02°50'46" East along the said centerline a distance of 1185.45 feet to a point in the north right-of-way line of Morgan Lane for POINT OF TERMINATION of the said centerline from which a '/2" capped iron rod set for the southeast corner of a tract conveyed to Faithe Redman Jorden as recorded in Volume 1639, Page 352 of the Deed Records of Jefferson County, Texas bears South 86 03548" West 275.71 feet. This description is based on a survey and plat made by Fittz & Shipman, Inc. during December 2008 and January 2009. F Try 'h Vi0 ir`q rp�oo 61STEQ• q�, Walter J. Ksiazek i e°Q� F�•• Registered Professional and Surve r No. 5321 WAITER J. KSIAZ FK �. �`••'�SSt�.4 •oo � sU�rvE.{o FITTZ&SHIPMAN,INC: Project No. 08232San Plat&Description 1405 Cornerstone Court,• Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 EXHIBIT "B" DRIVETROD BET ED Fittz&Shipman 15' WIDE SANITARY SEWER EASEMENT SHEET NO CAPPED IRON Roo INC. PROJECT NAME: BISD Consulnng Engineers and Land Surveyors 2 1405 CORNERSTONE COURT, BEAUMONT, TEXAS AMELIA ELEMENTARY SCHOOL (409) 932-7238 FAX (409) 832-7303 BEAUMONT, TEXAS PROJECT NO o_ ovrc No 523ESI.+71S REVISED: -30-09 DATE: 8-24-09 0823 N N N POINT OF iCENITERLIINE- - -- POINT OF TERMINATION CENTERLINE\ I S 02'50'46"-E-118-5-45 1185.45 — — CENTERLINE 15' WIDE `" Lo SANITARY SEWER EASEMENT rn � IjI r w � lU' GSU UNDERGROUND � `` ••..1J ip ��--yl Q (D d EASEMENT 'I 0O SURVEYOR'S CERTIFICATION: VOL. 1825, PG. 36. in p i fy DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, D.R.J.C. � M Q+ Z K THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE Z° 10 y q o H JA THE GROUND UNDER tilt SUPERVISION DURING DECEMBER 2008 AND w ���_--�0 �-i JANUARY 2009. n _ FW~ S C A 0 �+ N FOUND 1/2" SET A - �C m IRON ROD CAPF ED� 1'7ALTER J. KSIP.ZEK I - REGISTERED PROFESSIONAL ND SURVEYOR 5321 y+ k ^ 1STE o F I1 e�• .9 �s N 02'43'48" WT WALTER J. KSIAZFK l 99 Fa ,�.nLLE L 6321 o " N°o o 0 0 T, COMMENCING Lt w4 J O POINT SET 1/2' CAPPED co E IRON ROD SET 7%2"- CAPPED '1 O:L - V ON ROD z f_p ,T \N 02'43'48" W 60.00 S 02'43'48" E 1088.35 ---_ J FOUNL s,a" YPON ROL IN MAJOR DRl V E NOTE. BEARINGS ARE REFEREED TO Tr,E N a093, CONCRETE REFERENCED STATE PLANE COODNATE SYSTLM R.O.W. VARIES SOUTH CENTRAL ZONE #4204. IIIIIIIIIIIIIIIIIIIIIIIillllllllllllllllllllllllllllllllllll EAS 2010 021375 7 PGS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT,BEAUMONT INDEPENDENT SCHOOL DISTRICT, of the County of Jefferson, State of Texas, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County,Texas,hereinafter called"GRANTEE",the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, an easement to use, repair, alter, and maintain a single underground water line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate the water line as needed for Grantor's use of the property provided the relocation is at Grantor' s expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled representative. The easement herein granted shall be used for the purpose of operating,repairing,rebuilding, replacing, relocating, and removing a water line as needed for operation of Grantor's facilities on the property. The easement shall be exclusive insofar as use of the easement land for underground utilities is concerned, bu Grantor reserves the right to use the surface of the easement land for vehicular parking,driveways,landscaping,fencing,and other surface uses that will not interfere with I or damage the water line. Grantor shall have the right to pave all or any portion of the surface of the easement land, but no permanent structures or buildings will be constructed on the easement land. Grantor will install the water line at a depth that will not be damaged by the contemplated use of the surface by Grantor. It is expressly understood and agreed that the City of Beaumont shall have the right of access to the water line and appurtenances at all reasonable times to improve, maintain and operate the same as permitted by law, and will attempt to use existing driveways and that portion of Grantor's property that is immediately adjacent to the water line. Non-emergency maintenance and repairs will be with 48 hours prior notice to Grantor. Grantor will be responsible for the initial installation or construction of the water line on Grantor's property in accordance withe plans and specifications included in the utility plan at Grantor's expense. After initial construction of the water line and acceptance by Grantee, Grantee will be responsible for maintenance and repair of the water line and appurtenances at Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the water line that will interfere with the use of the Easement for water line purposes. Grantee shall not be responsible for the repair and replacement of any paving or other structures that may be damaged by Grantee's non-negligent maintenance or repair of the water line and appurtenances. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of ' 2010. BEAUMON INDEPENDE T SCHOOL DISTRICT By Pr. Carrol Thomas, Superintendent ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT SCHOOL DISTRICT, and that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ' 2010. Notary Public, Stat of Texas RETURN TO: City of Beaumont Ilona N. Baker P. O.Box 3827 Beaumont, TX 77704 bisd amelia esmt Fittz & Shipman INC Consulting Engineers and Land Surveyors EXHIBIT "A", PAGE 1 OF 3 CENTERLINE DESCRIPTION OF A 10' WIDE EXCLUSIVE WATER LINE EASEMENT OUT OF THE C. WILLIAMS SURVEY, ABSTRACT 59 JEFFERSON COUNTY, TEXAS AUGUST 27, 2009 That certain centerline description for a 10' wide exclusive water line easement, 5.0' on each side of centerline, out of the C. Williams Survey, Abstract 59, Jefferson County, Texas, said centerline being more particularly described by the following courses and distances: Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, South Central Zone#4204. COMMENCING at a '/2" capped iron rod set at the intersection of the east right-of-way line of Major Drive and the south right-of-way line of Drennan Drive from which a found 5/8" iron rod in concrete found at the intersection of the said east right-of-way line of Major Drive and the north right-of-way line of Drennan Drive bears North 02 043'48" West 60.00 feet; THENCE North 86°54'18" East along the said south right-of-way line of Drennan Drive a distance of 486.94 feet to a point for the POINT OF BEGINNING of Part 1 of the said centerline from which a '/2" capped iron rod set at the intersection of the said south right-of-way line of Drennan Drive and the east right-of-way line of Trojan Drive bears North 86 054'18" East 209.60 feet; THENCE South 02°50'46" East along the said centerline of Part 1 a distance of 791.17 feet to an angle point; THENCE South 87°10'57" West continuing along the said centerline of Part 1 a distance of 5.00 feet to a point in the east line of a 15' wide sanitary sewer easement for the POINT OF TERMINATION of the said centerline of Part 1. THENCE South 87°10'57"West a distance of 15.00 feet to a point in the west line of the said 15' wide sanitary sewer easement for the POINT OF BEGINNING of Part 2 of the said centerline; THENCE South 87°10'57" West along the said centerline of Part 2 a distance of 116.48 feet to a point in the east line of a 10' wide GSU underground easement recorded in Volume 1825, Page 36 of the Deed Records of Jefferson County, Texas for the POINT OF TERMINATION of the said centerline of Part 2. FITTZ&SHIPMAN,INC. Project No.08232Water Plat&Description 1405 Cornerstone Court,* Beaumont, Texas 77706 • (409) 832-7238 • fax(409) 832-7303 EXHIBIT "A", PAGE 2 OF 3 THENCE South 87°10'57" West a distance of 10.00 feet to a point in the west line of the said 10' wide GSU underground easement for the POINT OF BEGINNING of Part 3 of the said centerline; THENCE South 87 010'57" West along the said centerline of Part 3 a distance of 342.05 feet to a point in the said east right-of-way line of Major Drive for the POINT OF TERMINATION of the said centerline of Part 3 from which a '/z" capped iron rod set for the northwest corner of a tract conveyed to Faithe Redman Jorden as recorded in Volume 1639, Page 352 of the Deed Records of Jefferson County, Texas bears South 02 043'48" East 294.54 feet. This description is based on a survey and plat made by Fittz & Shipman, Inc. during December 2008 and January 2009. &IL�� Walter J. Ksiazek 0 F Regist ered Professional and Surveyo No. 5321 Ei GI3R J. KSIAZpK 041 0 41 8upY'E"� FITTZ&SHIPMAN,INC. Project No.08232Water Plat&Description SET 1,2°ROJAN EXHIBIT "A", PAGE 3 OF 3 Fittz&Shipman 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET No, DRIVE CAPPED INC. PROJECT NAME: IRON ROD Consulting Engineers and Land Surveyors BISD 3 1405 CORNERSTONE COURT, BEAUMONT, TEXAS AMELIA ELEMENTARY SCHOOL (409) 832-7238 FAX (409) 832-7303 BEAUMONT, TEXAS PROJECT No. I o DATE:8-24-09 08232 of o N POINT OF BEGINNING POINT OF CENTERLINE TERMINATION PART 1 CENTERLINE PART 1 S 87'10'57" W S 02'50'46" E 791.17 _ - -- — I 5.00 POINT OF -- BEGINNING 3 CENTERLINE 10' WIDE CENTERLINE EXCLUSIVE PART 2 POINT OF 'O WATER LINE EASEMENT o nO TERMINATION rn �I I CENTERLINE t0 10' GSU UNDERGROUND 3 W PART 2 EASEMENT VOL. 1825, PG. 00 D.R.J.C. _ 10.00_ :n I Q (0 W SURVEYOR'S CERTIFICATION: co Z I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, POINT OF Iw o V) ►j THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE BEGINNING w 16 0 50 100 d a ON THE GROUND UNDER MY SUPERVISION DURING DECEMBER 2008 AND CENTERLINE JANUARY 2009. PART 3 I I Iw °a IS�� O W .�S. OF T L FOUND 112" SET 1/2" �y WALTER J. KSIAZEK '` 402,0 F4 O I I� IRON ROD CAPPED A REGISTERED PROFESSIONAL SURVEY NO. 5321 'o, G FR��gc� Jo IRON ROD • 15—0o N 02'43'48" W WALTER J. KSIAZEK Y I 99.68 i I j �,(CALLED 100.00) o w 2- C`1 o r 0 • �.�••O� oo 30 X''0 o $�.`' V)I CENTERLINE 10' WIDE ° w EXCLUSIVE 00 o af z COMMENCING I I I WATER LINE EASEMENT ;n °< POINT POINT OF V) o a°EK SET 1/2" TERMINATION I I I 00 o m CAPPED CENTERLINE SET 112° 3 w IRON ROD PART 3 CAPPED O= _ IRON ROD Z Jo � N 02'43'48" W 60.00 S 02'43'48" E 1088.35 294.54 FGDND 5/8" MAJOR DRIVE IRON ROD IN R.O.W. VARIES NOTE: BEARINGS ARE REFERENCED TO THE NAD83, CONCRETE SOUTH CENTRAL L ZONE #4204 TE SYSTEM, FILED AND RECORDED OFFICIAL PUBLIC RECORDS (f� ---eoo�g 2010 Jun 09, 10:18 AM 2010011375 VILLASANA: $36.00 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY, TEXAS PART OF FOREGOING INSTRUMENT ILLEGIBLE AT TAME OF FILING IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllltlllllllllllllil EAS 2610021376 STATE OF TEXAS X 6 PGS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SANITARY SEWER EASEMENT THAT,BEAUMONT INDEPENDENT SCHOOL DISTRICT, of the County of Jefferson, State of Texas, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County,Texas,hereinafter called"GRANTEE",the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, an easement to use, repair, alter, and maintain a single underground sanitary sewer line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate the sanitary sewer line as needed for Grantor's use of the property provided the relocation is at Grantor's expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled representative. The easement herein granted shall be used for the purpose of operating,repairing,rebuilding, replacing, relocating, and removing a sanitary sewer line as needed for operation of Grantor's facilities on the property. The easement shall be exclusive insofar as use of the easement land for underground utilities is concerned,bu Grantor reserves the right to use the surface of the easement land for vehicular parking, driveways, landscaping, fencing, and other surface uses that will not interfere with or damage the sanitary sewer line. Grantor shall have the right to pave all or any portion of the surface of the easement land, but no permanent structures or buildings will be constructed on the easement land. Grantor will install the sanitary sewer line at a depth that will not be damaged by the contemplated use of the surface by Grantor. It is expressly understood and agreed that the City of Beaumont shall have the right of access to the sanitary sewer line and appurtenances at all reasonable times to improve, maintain and operate the same as permitted by law, and will attempt to use existing driveways and that portion of Grantor's property that is immediately adjacent to the sanitary sewer line. Non- emergency maintenance and repairs will be with 48 hours prior notice to Grantor. Grantor will be responsible for the initial installation or construction of the sanitary sewer line on Grantor's property in accordance withe plans and specifications included in the utility plan at Grantor's expense. After initial construction of the sanitary sewer line and acceptance by Grantee, Grantee will be responsible for maintenance and repair of the sanitary sewer line and appurtenances at Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the sanitary sewer line that will interfere with the use of the Easement for sanitary sewer line purposes. Grantee shall not be responsible for the repair and replacement of any paving or other structures that may be damaged by Grantee's non-negligent maintenance or repair of the sanitary sewer line and appurtenances. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of tl�- , 2010. BEAUMON INDEPENDENT SCHOOL DISTRICT By D( Carrol Thomas, Superintendent ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT SCHOOL DISTRICT, and that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of-dam 2010. Notary Public, State of Texas RETURN TO: '""'�•�.'�. IANA THOMPSON Notary Public,State of Texas City of Beaumont My Commission Expires Ilona N. Baker February 24,2013 P. O. Box 3827 Beaumont,TX 77704 \ss\amelia ss-esmt Fittz & Shipman INC Consulting Engineers and Land Surveyors EXHIBIT "A", PAGE 1 OF 2 CENTERLINE DESCRIPTION OF A 15' WIDE SANITARY SEWER EASEMENT OUT OF THE C. WILLIAMS SURVEY, ABSTRACT 59 JEFFERSON COUNTY, TEXAS AUGUST 27, 2009 That certain centerline description for a 15' wide sanitary sewer easement, 7.5' on each side of centerline, out of the C. Williams Survey, Abstract 59, Jefferson County, Texas, said centerline being more particularly described by the following courses and distances: Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, South Central Zone#4204. COMMENCING at a '/z" capped iron rod set at the intersection of the east right-of-way line of Major Drive and the south right-of-way line of Drennan Drive from which a found 5/8" iron rod in concrete found at the intersection of the said east right-of-way line of Major Drive and the north right-of-way line of Drennan Drive bears North 02°43'48" West 60.00 feet; THENCE North 86°54'18" East along the said south right-of-way line of Drennan Drive a distance of 474.44 feet to a point for the POINT OF BEGINNING of the said centerline from which a '/2" capped iron rod set at the intersection of the said south right-of-way line of Drennan Drive and the east right-of-way line of Trojan Drive bears North 86 054'18" East 222.10 feet; THENCE South 02 050'46" East along the said centerline a distance of 1185.45 feet to a point in the north right-of-way line of Morgan Lane for POINT OF TERMINATION of the said centerline from which a '/2" capped iron rod set for the southeast corner of a tract conveyed to Faithe Redman Jorden as recorded in Volume 1639, Page 352 of the Deed Records of Jefferson County, Texas bears South 86 035'48"West 275.71 feet. This description is based on a survey and plat made by Fittz & Shipman, Inc. during December 2008 and January 2009. .�0 O F 7- Walter J. Ksiaze Registered Prof Land Surve r No. 5321 ZWAL ER J. KSIAZFK 621 �,. � $U kVE�O FITTZ&SHIPMAN,INC. Project No.08232San Plat&Description 1405 Cornerstone Court,* Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 TROJAN SET 1/2. EXHIBIT "A", PAGE 2 OF 2 Fittz&Shipman 15' WIDE SANITARY SEWER EASEMENT SHEET NO. CAP DRIVE IRON PED INC. PROJECT NAME: BISD 2 Consulting Engineers and LandSurveyors AMELIA ELEMENTARY SCHOOL 1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMON T, TEXAS PROJECT N0. (409) 832-7238 FAX(409)832-7303 DWG.NO.823ESMTS REVISED: 11-30-09 DATE 8-24-09 08232 cV N 04 POINT OF BEGINNING POINT OF CENTERLINE TERMINATION CENTERLINE S 02'50'46" E 1185.45 CENTERLINE 15' WIDE SANITARY SEWER EASEMENT co n CD n W II N W A10' GSU UNDERGROUND I ,� 3 ;n EASEMENT W SURVEYOR'S CERTIFICATION: VOL. 1825, PG. 36, M D.R..R.J J.C. Z DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, z d (00 o THAT THIS D ACCURATE PLAT A SURVEY& DESCRIPTION MADE O®OO �y p THE GROUND UNDER MY SUPERVISION DURING DECEMBER 2008 AND w n JA py F-, JANUARY 2009. w c� $ C A L E 0 W a �! N FOUND 1/2" SET 1/2" ktak F r'F IRON ROD CAPPED A . "♦ '�',, IRON ROD WALTER J. KSIAZEK �p 1�REGISTERED PROFESSIONA AND SURVE R N0. 5321 �'`�(rs* o x15.00 N 02'43'48 W WALTER J. KSIAZEK j 99.68 ii (CALLED 100.00) 0 A Z st 00° 0 COMMENCING M o a POINT o LJ SET 1/2" 00 O Of c CAPPED SET 1/2" 1n 3:W IRON ROD CAPPED O= L A — IRON ROD Z Q o N 02'43'48" W 60.00 S 02'43'48" E 1088.35 MAJOR FOUND 5/8" IRON ROD IN M AJOR DR1 n� Y L' NOTE: BEARINGS ARE REFERENCED TO THE NAD83, CONCRETE R.O.W. VARIES SOUTH LANE ZONE OD104 TE SYSTEM,TEXAS STATE P FILED AND RECORDED OFFICIAL PUBLIC RECORDS e�w� w 2010 Jun 09, 10:18 AM 2616621376 VILLASANA: $32.00 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY, TEXAS i �pC-10 ,t