HomeMy WebLinkAboutRES 10-089 RESOLUTION NO. 10-089
WHEREAS, Beaumont Independent School District has offered to convey a ten foot
(10')wide water line easement out of the H. Williams 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 water services to new additions at Regina Howell Elementary
School located at 5850 Regina; 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 Beaumont Independent School District 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 13th day of April,
2010.
I CCA�q2 A4q'z�
Uayor Becky Ames -
f,1+t ii
Fittz & Shipman
INC
EXHIBIT "A' , PAGE 1 OF 2
Consulting Engineers and Land Surveyors
CENTERLINE DESCRIPTION
FOR A 10' WIDE WATER LINE EASEMENT
OUT OF THE
H. WILLIAMS LEAGUE, ABSTRACT 56
JEFFERSON COUNTY, TEXAS
MARCH 15, 2010
REVISED: MARCH 22,2010
That certain centerline description for a 10' wide water linel easement, 5.0' on each side of centerline, out of
the H. Williams League, Abstract 56, Jefferson County, Texas, being out of a called 9.25 acre tract conveyed
to South Park Independent School District as recorded in Volume 1309, Page 149 of the Deed Records of
Jefferson County, Texas, changed to Beaumont Independent School District by a resolution recorded in Film
Code 101-72-0827 of the Film Code of Jefferson County, Texas, said centerline being more particularly
described by the following courses and distances:
Note: Bearings are based on the west line of the said 9.25 acre tract having been called North 01 055'59" East.
COMMENCING at a 5/8" iron rod found in the north right-of-way line of Regina Lane and the west line of the-
said 9.25 acre tract for the southeast corner of the Amended Plat of Ashton, Phase 2, a plat recorded in
Volume 15, Page 266 of the Map Records of Jefferson County, Texas from which a capped iron rod found in
the south line of a 75' wide drainage easement granted to Jefferson County Drainage District No. 6 as
recorded in Volume 1746, Page 84 of the Deed Records of Jefferson County, Texas for the northwest corner of
the said 9.25 acre tract bears North 01 055'59" West 570.66 feet (called North 01 055'59" West 570.63 feet);
THENCE North 87°25'35" East along the said north right-of-way line of Regina Lane a distance of 28.98 feet to
a point for the POINT OF BEGINNING of the said centerline of the 10' wide water line easement from which a
5/8" iron rod found in the east line of the said 9.25 acre tract at the intersection of the said north right-of-way
line of Regina Lane and the west right-of-way line of Howell Street bears North 87°25'35" East 601.02 feet;
THENCE along the said centerline of the 10' wide water line easement with the following courses and
distances:
North 02°33'21"West a distance of 419.17 feet to an angle point;
North 87 027'38" East a distance of 181.57 feet to an angle point for the POINT OF BEGINNING of Tap
A from which the POINT OF TERMINATION of said Tap A bears North 87 026'38" East 12.37 feet,
North 02 033'22" West a distance of 42.82 feet to an angle point;
North 87 026'38" East a distance of 424.42 feet to a point in the said east line of the 9.25 acre tract and
the said west right-of-way line of Howell Street for the POINT OF TERMINATION of the said centerline from
which a 1/2" capped iron rod set at the intersection of the said west right-of-way line of Howell Street and the
south line of the said 75" wide drainage easement bears North 01 056'20" West 123.25 feet (called North
01'55'59" West).
Thi/sd'pscri tion i ed on a survey and plat made by Fittz & Shipman, Inc ✓during March 9, 2010.
Walter J. Ksia rz
Registered Profess nal Lan urveyor No. 5321
FITTZ&SHIPMAN,INC. �„°k,F J.
Project No.09048T4wtresmt
Plat&Description
1405 Cornerstone Court,• Beaumont, Texas 77706 •,(408) 3 ,7 '39,-fax(409) 832-7303
JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 FOUND 5/B"
VOL. 1746, PG. 84, D.R.J.C. (CALLED N 86'08'28" E)
(75' WIDE EASEMENT) N 86'06'55" E 663.04 IRON ROD EXHIBIT "A", Page 2 of 2
630.27
FOUND (CALLED 630.27) SET 1/2"
CAPPED CAPPED 32.77
IRON ROD IRON ROD N
M
N
10' WIDE ELECTRIC EASEMENT POINT OF TERMINATION
� _ _ _ 10' WIDE WATER LINE
T—_----_----__-- ___- - - EASEMENT
— I N 02'33'22"8 W
N 87'26'38" E42-4—.42 — ———
F N 8726'38" E 181.57 I� TAP A r
CENTERLINE 10' WADE
n
N 87'26'38" E 12.37 WATER LINE EASEMENT 0 50 100
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I I� t SURVEYOR'S CERTIFICATION:
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Z 13 O O 1 DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF,
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N ¢ t,y THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE
IIIN jwl x ON THE GROUND UNDER MY SUPERVISION ON MARCH 9, 2010.
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-�aJ¢e I I Z in N I WALTER J. KSIAZEK
a M N I I REGISTERED PROFESSIONAL D SURVEY. 0. 5321
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<U I I POINT OF BEGINNING
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> 10' WIDE WATER LINE I
EASEMENT t"A VkALTER J. KSIAZFK'.
cd
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601.02 ,a •'` S3i� •'
N 8725'35" E 630.00 f
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COMMENCING a� ,0St;rt�t�
POINT REGINA LANE FOUND 5/8"
FOUND 5/8" IRON ROD
IRON ROD
10' WIDE WATER LINE - EASEMENT
Fittz&Shipman PROJECT NAME: REGINA HOWELL PROJECT NO.
INC. H. WILLIAMS LEAGUE, A-56 09048
CORNERSTONE CndLondsurv'Y". BEAUMONT, JEFFERSON COUNTY, TX TASK 4
.:\PROJECTS\09048\TASK 4\09048T4esmts.DWG Mar 16, 2010 02:05pm 1405 CORNERSTONE COURT BEAUMONT. TEXAS
(409)832-7238 FAX (409)832-7303 DATE'3-15-10
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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
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.
BEAUMO T INDEP NT SCHOOL DISTRICT
By
r. Carrol Thomas, Superintendent
I -
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 4 day of
' 2010.
Notary Public, State A Texas
RETURN TO:
City of Beaumont ,:"'►uj,, LANA THOMPSON
: Notary Public,state of Texas
Ilona N. Baker i My Commission Expires
P. O. Box 3827 "_ F#bfygfy 74,2013
Beaumont,TX 77704
bisdVegina_esmt
I `
Fittz & Shipman
INC
Consulting Engineers and Land Surveyors
EXHIBIT "A", PAGE 1 OF 2
CENTERLINE DESCRIPTION
FOR A 10' WIDE WATER LINE EASEMENT
OUT OF THE
H. WILLIAMS LEAGUE,ABSTRACT 56
JEFFERSON COUNTY, TEXAS
MARCH 15, 2010
REVISED: MARCH 22, 2010
That certain centerline description for a 10' wide water linel easement, 5.0' on each side of centerline, out of
the H. Williams League, Abstract 56, Jefferson County, Texas, being out of a called 9.25 acre tract conveyed
to South Park Independent School District as recorded in Volume 1309, Page 149 of the Deed Records of
Jefferson County, Texas, changed to Beaumont Independent School District by a resolution recorded in Film
Code 101-72-0827 of the Film Code of Jefferson County, Texas, said centerline being more particularly
described by the following courses and distances:
Note: Bearings are based on the west line of the said 9.25 acre tract having been called North 01 055'59" East.
COMMENCING at a 5/8" iron rod found in the north right-of-way line of Regina Lane and the west line of the-
said 9.25 acre tract for the southeast corner of the Amended Plat of Ashton, Phase 2, a plat recorded in
Volume 15, Page 266 of the Map Records of Jefferson County, Texas from which a capped iron rod found in
the south line of a 75' wide drainage easement granted to Jefferson County Drainage District No. 6 as
recorded in Volume 1746, Page 84 of the Deed Records of Jefferson County, Texas for the northwest corner of
the said 9.25 acre tract bears North 01'55'59"West 570.66 feet (called North 01 055'59" West 570.63 feet);
THENCE North 87 025'35" East along the said north right-of-way line of Regina Lane a distance of 28.98 feet to
a point for the POINT OF BEGINNING of the said centerline of the 10' wide water line easement from which a
5/8" iron rod found in the east line of the said 9.25 acre tract at the intersection of the said north right-of-way
line of Regina Lane and the west right-of-way line of Howell Street bears North 87 025'35" East 601.02 feet;
THENCE along the said centerline of the 10' wide water line easement with the following courses and
distances:
North 02°33'21"West a distance of 419.17 feet to an angle point;
North 87 027'38" East a distance of 181.57 feet to an angle point for the POINT OF BEGINNING of Tap
A from which the POINT OF TERMINATION of said Tap A bears North 87 026'38" East 12.37 feet,
North 02 033'22"West a distance of 42.82 feet to an angle point;
North 87 026'38" East a distance of 424.42 feet to a point in the said east line of the 9.25 acre tract and
the said west right-of-way line of Howell Street for the POINT OF TERMINATION of the said centerline from
which a 1/2" capped iron rod set at the intersection of the said west right-of-way line of Howell Street and the
south line of the said 75" wide drainage easement bears North 01'56'20" West 123.25 feet (called North
01 055'59" West).
This escr is a ed on a survey and plat made by Fittz & Shipman, Inc. during March 9, 2010.
Walter J. Ksiazf ,.
Registered Professi al Lan urveyor No. 5321
=z
FITTZ&SHIPMAN,INC.
Project No. 09048T4wtresmt
Plat&Description
06
1405 Cornerstone Courts Beaumont, Texas'777 • (400) 832-7238 •fax(409) 832-7303
JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 FOUND 5/8"
VOL. 1746, PG. 84, D.R.J.C. (CALLED N 86'08'28" E) IRON ROD EXHIBIT Lyre Page 2 Of
(75' WIDE EASEMENT) N 86'06'55" E 663.04 a g
630.27
(CALLED 630.27) SET 1/2" 32 77
FOUND CAPPED
CAPPED IRON ROD
IRON ROD N
M
N
POINT OF TERMINAT10N
10' WIDE ELECTRIC EASEMENT 10' WIDE WATER LINE
_____ ________ __ __ _ _ EASEMENT
T ---------- - ----- ---
FN 02'33'22" W N 87'26'38" E 424.42
42.82
f— — ——— TAP A
F N-67'26'38" E 181.57 CENTERLINE 10 WADE
WATER LINE EASEMENT o 50 100
N 87'26'38" E 12.37
o I WW S C A L E
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Q o O) I p o W SURVEYOR'S CERTIFICATION:m O O '0 1 DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF,
F�1 THAT THIS IS AN ACCURATE PLAT OF A SURVEY &DESCRIPTION MADE
Z I 13 > � W ON THE GROUND UNDER MY SUPERVISION ON MARCH 9, 2010.
IIIN ¢I
IM wwl
O N U I O 3 31
WALTER J. KSIAZEK
N�^ REGISTERED PROFESSIONAL LA I URVEYOR 5321
I
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0 0
Ld
N-j POINT OF BEGINNING R' •d �,(
a Q°> WIDE WATER LINE
L110'EASEMENT WALTER I {C a06 4
N N 87'25'35" E 630.00 + 1'�•'
COMMENCING �`f�r�Q•• �����
POINT REGINA LANE FOUND 5/8" �LH
FOUND 5/8" IRON ROD
IRON ROD 10' WIDE WATER LINE EASEMENT
Fittz&Shipman PROJECT NAME: REGINA HOWELL PROJECT NO.
INC. H. WILLIAMS LEAGUE, A-56 09048
CowdhngEnglneers and Land Swveyois BEAUMONT, JEFFERSON COUNTY, TX TASK 4
1405 CORNERSTONE COURT BEAUMONT, TEXAS
Q.\PROJECTS\09048\TASK 4\09048T4-s ts.DWG Mar 16, 2010 02:05pm (409)832-7238 FAX (409)832-7303 DATE:3-15-10
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
e 'e #'M�
2010 Jun 09, 10:18 AM 2010021380
VILLASANA: $32.00
CAROLYN L. GUIDRY, COUNTY CLERK
JEFFERSON COUNTY, TEXAS
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