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HomeMy WebLinkAboutRES 11-049 RESOLUTION NO.11-049 WHEREAS, the Beaumont Independent School District has agreed to convey a ten (10)foot wide exclusive water line easement, said easement being out of the H. Williams Survey, Abstract No. 56, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of providing water and fire protection services for Sallie Curtis Elementary School located at 6225 North Circuit 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 statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the easement conveyed by the Beaumont Independent School District, 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 1st day of February, 2011. Ar 1 �� Iwo - Mayor Becky Ames - 1 STATE OF TEXAS X KNOW ALL MEN BY T14ESE 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, but 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 EXHIBIT "A" 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 with the plans and specifications included in the utility plan at Grantor's expense.After initial construction of the water lime 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 thatmay be damaged by Grantee's non-negligent maintenance or repair ofthe 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 , 2011. BEAUMONT INDEPENDENT SCHOOL DISTRICT BY Dr. 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 SCI400L 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 )2011. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O.Box 3827 Beaumont, TX 77704 F'ittz&Shipman INC. EXHIBIT "A PAGE 1 OF 3 Cornstdtng Engineers and Land Surveyors CENTERLINE DESCRIPTION Ronald D.Fuz,P.E.,R.P.L.S.(1948-1987) OF A Terry G.Shipman,Chairman of Board 10' WIDE EXCLUSIVE WATER LINE EASEMENT Billy J.Smith,Jr_,President Donald R.King, P.E. — - OUT OF THE Michelle Falgout,P.E. H.WILLIAMS SURVEY,ABSTRACT 56 Walter J.Ksiazek,R.P.L.S. JEFFERSON COUNTY,TEXAS AUGUST 16,2010 That certain centerline description for a 10'wide exclusive water line easement, 5.0' on each side of centerline, out of the H. Williams Survey, Abstract 56, and being out a called 20 acre tract conveyed to Beaumont ISD (aka South Park ISD) as recorded in Volume 986, Page 36 of the Deed Records of 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 DD6 aluminum disc found in the north line of Forest Glen, a plat recorded in Volume 9, Page 182 of the Map Records of Jefferson County, Texas for the southwest corner of a called 5.532 acre tract (Tract No. 4) for a 60' right-of-way conveyed to Jefferson County Drainage District No. 6 as recorded in Volume 742, Page 212 of the Deed Records of Jefferson County, Texas and the southeast corner of the said 20 acre tract; THENCE South 85 057'32"West along the south line of the said 20 acre tract a distance of 648.47 feet (called South 88°11'00"West)to a point for the POINT OF BEGINNING of the said centerline of the 10' wide exclusive water line easement from which a capped iron rod found for the southwest corner of the said 20 acre tract and the northwest corner of Westgate Addition, a plat recorded in Volume 10, Page 53 of the Map Records of Jefferson County, Texas bears South 85°57'32"West 615.01 feet (called South 88 011'00"West); THENCE along the said centerline with the following courses and distances: North 03°59'47"West, at a distance of 147.35 pass a point for the POINT OF BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears North 86 000'13" East a distance of 46.62 feet to an angle point; North 41°00'13" East a distance of 60.84 feet to an angle point; North 03°59'47" East a distance of 87.48 feet, and continuing North 03 059'47" West a total distance of 150.28 feet to an angle point; North 48°59'47"West a distance of 28.45 feet to an angle point; North 03°59'47"West a distance of 63.09 feet to an angle point; North 48 059'47"West a distance of 80.33 feet to an angle point; South 86 000'13"West a distance of 63.40 feet to an angle point; North 48°59'47"West a distance of 41.84 feet to an angle point; North 03 059'47"West a distance of 396.02 feet to an angle point; FITTZ&SHIPMAN,INC. Project No.09048Task I Owtresmt Plat&Description 1405 Cornerstone Court• Beaumont,Texas 77706 • (409) 832-7238 • fax(409)832-7303 Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No.100186 EXHIBIT "A",PAGE I OF 3 North 86 000'13" East a distance of 162.36 feet to an angle point; South 48 059'47" East a distance of 20.00 feet to an angle point; North 86°0013" East a distance of 395.63 feet to an angle point; South 48 059'47" East, at a distance of 108.08 feet pass a point for the POINT OF BEGINNING of TAP B from which the POINT OF TERMINATION of said TAP B bears South 41 000'13"West a distance of 26.97 feet, and continuing a total distance of 114.34 feet to a point in the westerly line of the said 5.532 acre tract and the easterly line of the said 20 acre tract for the POINT OF TERMINATION of the said centerline from which a DD6 aluminum disc found for the northeast corner of the said 20 acre tract bears North 13°01'51"West 139.54 feet. This description is based on a survey and plat made by Fittz& Shipman, Inc. on August 13, 2010. Walter J. Ksiazek 0 ,Ir' Registered Professional Land Surveyor No, 5321 ��,,� T ;F qs WALTER J. KStAZE 02 �,, FITTZ&SHIPMAN,INC. Project No.09048Task l Owtresnit Plat&Description EXHIBIT "A", PACE 3 OF 3 KL2 DIRECTION DISTANCE N 03'59'47" W 15D.28 N 86'00'13" E 46.62 WNDSOR PLACE,UNIT 2 WINDSOR PLACE N 41'00'13" 60.84 AUDUBON PARK i VOL 12, PG. 53.M.R..I.C. VOL 10,PG. 183,M.R.J.C. FOUND ODS VOI. 4.PG. 738, M.R.J.C. (CAL ' E 1078. 9) ALUMMD�N 03'59'47' W 87.48 N 48'59'47" W 28.45 N 03'59'47" W 63.09 FOUND ROD —L11—-`�——_ L13—_—= x POINT OF L7 N 48'59'47" W 80.33 L8 S 86'00'13" W 63.40 {{ — �p�\ CENTERLNE L9 N 48'59'47" W 41.84 {{ � �8 CENTERLINE OF A y 1-10 N 03'59'47' W 396.02 {{ 10' WIDE EXCLUSIVE L11 N 86'00'13' E 162.36 {{ WATER EASEMENT, L12 S 48'59'47" E 20.00 0 W EACH SIDE �r 0 L13 N 66'00'13' E 395.63n 7{{ ° 9��� I pGy� L14 IS 48'59'47' E 714.34 ^ LIS IS 41'00'13" W 26.97 3^ { L16 N 13'01'51" W 139.54 NOW OR FORMERLY g9: BEAUMONT ISD { O� MKS FILE O. 791077, TRUSTEE N. (AKA SOUTH PARK ISD) CLERKS FILE ND. 913 7796,O.P.R.J.C. W gn VOL 988,PG. 36,O.R.J.C. zo (CALLED 20 ACRES) LO \ !�Z SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS A.14 ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE CS Q COMMENCING E ON THE GROUND UNDER MY SUPERVISION ON AUGUST 13.2010. POINT OF '�P POINT o FOUND IC BEGINNING in FOUND DDS c FOUND IRON R CENTERLINE �{{ M ALUMINUM 0 CAPPED 0.10 SOUTH { V DISC IRON R00 N 61701 r— ----._...._648.47-----I WALTER J. KSIAZ£tC -�I�-- _ _ m o REGISTERED PROFESSIONAL L SURLILY NO. 5321 Q F j"�x / 9 g 7 6 5 I 4 3 2 1 C I� NWOpD PPLA S72-I FOREST GLEN VIC WESTGATE ADDITI I M.R.J.6 I VOL 9.PG. 182, \ a i,b"��G T �•� +: VOL 10. PG. 53, M.R.J.c. a p D,R,J.C. m n w1F S 85'57'32" W 1263.48 NOW OR FORMERLY = o s, (CALLED S 8871'00"W 1283.47) MACK H. BURRIS.JR. CLERKS FILE 0 P R.2007000289, W FittzfflShipman 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO. INC Pimar NAME: BISD 3 c O 100 2�O NOTE: BEARINGS ARE REFERENCED TO THE NAD63. 7405 CORNERSTONE OD BEAUMON7 SALLY CURTIYC S ELEMENTARY PROJECT NO. ii S A L TEXAS STATE PLANE COOOINATE SYSTEM, URT, ,TEXAS BEAUMONT TEXAS SOUTH CENTRAL ZONE 14204. (409)832-7238 FAX(409)832-7303 ' DATE:8--12-10 TASK 10 11111111111 III!!IIIIINII IIIIIIII!I 111111111111lilfh IN EAS 2 011@ 08915 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, but 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 with the 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 H' day of �e JqeaAg 11 2011. BEAUMONT EPENDENT S HOOL DISTRICT By Dr. of Thomas, uperintendent t . 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 !rI day of 2011. [((.Sw MIEL Nomptsw STOVE OF TWA COMM.DO!1a1620�2 otary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O. Box 3827 Beaumont,TX 77704 Fittz&Shipman INC. EXHIBIT "A", PAGE 1 OF 3 Consulting Engineers and Laud Staveyors « CENTERLINE DESCRIPTION r . OF A Ronald D. Fittz,P.E.,R.P.L.S.(1948-1987) Terry G.Shipman,Chairman of Board 10' WIDE EXCLUSIVE WATER LINE EASEMENT Billy J.Smith,Jr.,President OUT OF THE Donald R. King,P.E. Michelle Falgout,P.E. H. WILLIAMS SURVEY,ABSTRACT 56 Walter J.Ksiazek,R.P.L.S. JEFFERSON COUNTY,TEXAS AUGUST 16, 2010 That certain centerline description for a 10' wide exclusive water line easement, 5.0' on each side of centerline, out of the H. Williams Survey, Abstract 56, and being out a called 20 acre tract conveyed to Beaumont ISD (aka South Park ISD) as recorded in Volume 986, Page 36 of the Deed Records of 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 DD6 aluminum disc found in the north line of Forest Glen, a plat recorded in Volume 9, Page 182 of the Map Records of Jefferson County, Texas for the southwest corner of a called 5.532 acre tract (Tract No. 4) for a 60' right-of-way conveyed to Jefferson County Drainage District No. 6 as recorded in Volume 742, Page 212 of the Deed Records of Jefferson County, Texas and the southeast corner of the said 20 acre tract; THENCE South 85 057'32" West along the south line of the said 20 acre tract a distance of 648.47 feet (called South 88 011'00" West)to a point for the POINT OF BEGINNING of the said centerline of the 10' wide exclusive water line easement from which a capped iron rod found for the southwest corner of the said 20 acre tract and the northwest corner of Westgate Addition, a plat recorded in Volume 10, Page 53 of the Map Records of Jefferson County, Texas bears South 85 057'32"West 615.01 feet (called South 88 011'00"West); THENCE along the said centerline with the following courses and distances: North 03 059'47" West, at a distance of 147.35 pass a point for the POINT OF BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears North 86 000'13" East a distance of 46.62 feet to an angle point; North 41°00'13" East a distance of 60.84 feet to an angle point; North 03 059'47" East a distance of 87.48 feet, and continuing North 03 059'47" West a total distance of 150.28 feet to an angle point; North 48 059'47"West a distance of 28.45 feet to an angle point; North 03 059'47" West a distance of 63.09 feet to an angle point; North 48 059'47" West a distance of 80.33 feet to an angle point; South 86 000'13"West a distance of 63.40 feet to an angle point; North 48 059'47"West a distance of 41.84 feet to an angle point; North 03 059'47" West a distance of 396.02 feet to an angle point; FITTZ&SHIPMAN,INC. Project No. 09048Task I Owtresmt Plat&Description 1405 Cornerstone Court• Beaumont, Texas 77706 • (409)832-7238 • fax(409) 832-7303 Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT "A", PAGE 1 OF 3 North 86 000'13" East a distance of 162.36 feet to an angle point; South 48°59'47" East a distance of 20.00 feet to an angle point; North 86 000'13" East a distance of 395.63 feet to an angle point; South 48 059'47" East, at a distance of 108.08 feet pass a point for the POINT OF BEGINNING of TAP B from which the POINT OF TERMINATION of said TAP B bears South 41°00'13"West a distance of 26.97 feet, and continuing a total distance of 114.34 feet to a point in the westerly line of the said 5.532 acre tract and the easterly ine of the said the POINT OF TERMINATION of the said center' y id 20 acre tract for . centerline from which a DD6 the northeast corner of the said 20 acre tract bears North 13°01'51"West l 139.54 feet. found for This description is based on a survey and plat made by Fittz & Shipman, Inc. on August 13, 2010. Walter J. Ksiazek Registered Professional Land Su yor No. 5321 rfi �nt�g i NWALTER J. KSIAZ � SS� .. v FITTZ&SHIPMAN,INC. Project No.09048Task l Owtresmt Plat&Description NUMBER DIRECTION DISTANCE EXHIBIT "A", PAGE 3 OF 3 L1 N 03'59'47" W 150.28 L2 N 86'00'13" E 46.62 WINDSOR PLACE, UNIT 2 WINDSOR PLACE L3 N 41'00'13" E 60.84 AUDUBON PARK VOL. 12, PG. 53, M.R.J.C. VOL. 10, PG. 183, M.R.J.C. FOND DD6 VOL. 9, PG. 138, M.R.J.C.L4 N 03'59'47" W 87.48 (CALL N 88'11' o" E 1078. 9) L5 N 48'59'47" W 28.45 L6 N 03'59'47" W 63.09 L11— L — — — —L13— — — — POINT OF E7 N 48'59'47" W 80.33 FOUND 3'4" — — — IRON ROD — — — — — — — — R TERMINATION L8 S 86'00'13" W 63.40 i i � \ CENTERLINE L9 N 48'59'47" W 41.84 L10 N 03'59'47" W 396.02 CENTERLINE OF A 162 L11 N 86'00'13" E 162.36 6 9 y 10' WIDE EXCLUSIVE WATER EASEMENT, � L12 S 48'59'47" E 20.00 M O 5' EACH SIDE a s L13 N 86'00'13" E 395.63 �n -7��3 L14 S 48'59'47" E 114.34 O of L15 S 41'00'13" W 26.97 L16 IN 13'01'51" W 139.54 NOW OR FORMERLY o3 s PQ Q� MICHAEL D. TANOUS, TRUSTEE N= BEAUMONT ISD CLERKS FILE NO. 9137796, O.P.R.J.C. Np) (AKA SOUTH PARK'ISD) 0o M VOL. 966, PG. 36, D.R.J.C. J Z O O (CALLED 20 ACRES) \L L8� SURVEYOR'S CERTIFICATION: J ��� I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, Q THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE POINT OF `s� L2 '`Q COMMENCING E ON THE GROUND UNDER MY SUPERVISION ON AUGUST 13, 2010. Q N FOUND " BEGINNING POINT o FOUND IRON ROD CENTERLINE JI FOUND ALUMINUM o CAPPED 0.10 SOUTH I I DISC N IRON ROD .. WALTER J. KSIAZEK 615.01 — — — — — — — —648.47— — — o REGISTERED PROFESSIONAL L D SURVEYOR 0. 5321 97 8 7 6-1— 5 4 3 2 1 Z I— INWOOD PLACE CL 0 F 7'g FOREST GLEN v� �. s .x4 WESTGATE ADDITI I VOL. 10, PG. 172, I VOL. 9, PG. 182, VOL. 1D, PG. 53, M.R.J.C. W 0 M.R.J.C. D.R.J.C. \ �•Q. a o $ 85'57'32" W 1263.48 NOW OR FORMERLY WALTER J. KSIIAZt (CALLED S 88'11'00" W 1283.47) CLERKS MACK H.FILE NBU RIS, 0289, l51 O.P.R.J.C. Do Y Q H co 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET N0. Fittz&Shipman 3 0 100 200 Cmuab Fivnew and Land&wpeyom INC. PROJECT NAME: BISD • ` �° NOTE: BEARINGS ARE REFERENCED TO THE NAD83, SALLY CURTIS ELEMENTARY PROJECT NO. TEXAS STATE PLANE COODINATE SYSTEM, 1405 CORNERSTONE COURT, BEAUMONT. TEXAS s C A L E BEAUMONT TEXAS o SOUTH CENTRAL ZONE #4204. (409) 832-7238 FAX (409) 832-7303 09048 • DATE: 8-12-10 TASK 10