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Home My WebLink AboutPACKET FEB 15 2011 RICK WITH OPPORTUNITY BEAUMON* T o Z o X o A l 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 15, 2011 1:30 P.M. CONSENT AGENDA * Approval of minutes—February 1, 2011 * Confirmation of committee appointments A) Approve the purchase of a tractor and slope mower for use by the Parks and Recreation Department B) Approve the purchase of an excavator for use by the Water Department C) Approve a resolution denying the request of Driver Operator Grade II James Williams to approve the accumulation of vacation leave from 2010 to 2011 D) Approve a resolution seeking a determination as to the impact of the release of certain information pertaining to the acquisition of property E) Authorize the acquisition of property(5440 Concord Rd.) for the Concord Road Pavement Widening Project F) Authorize the acquisition of properties(6705 & 6715 Concord Rd.) for the Concord Road Pavement Widening Project G) Authorize the acquisition of property(6050 Concord Rd.) for the Concord Road Pavement Widening Project H) Authorize the acquisition of property(5670 Pine Burr Blvd.) for the Concord Road Pavement Widening Project I) Authorize the acquisition of property(5980 Concord Rd.) for the Concord Road Pavement Widening Project J) Authorize the acquisition of property(5170 Concord Rd.) for the Concord Road Pavement Widening Project K) Authorize the acceptance of a Water Line Easement to provide water and fire protection services for French Elementary School located at 3525 Cleveland Street L) Authorize the acceptance of a Water Line Easement to provide water and fire protection services for Fehl Elementary School located at 3350 Blanchette Street M) Authorize the acceptance of a Water Line Easement to provide water and fire protection services for Dunbar Elementary School located at 825 Jackson Street N) Amend Resolution 11-046 to correct the term of the contract to reflect one year A RICH WITH OPPORTUNITY BEAUMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officerp MEETING DATE: February 15, 2011 REQUESTED ACTION: Council consider approving the purchase of a tractor and slope mower for use by the Parks and Recreation Department. RECOMMENDATION The administration recommends approval of the purchase of the tractor from John Deere Co., of Cary,North Carolina, in the amount of$43,124.98 and the mower from Brookside Equipment Sales, of Houston, in the amount of$41,350, for a total of$84,474.98 BACKGROUND Pricing for the equipment was obtained through the BuyBoard Cooperative Purchasing Program. Buyboard is a cooperative purchasing association which provides cities and political subdivisions with the means to purchase specialized equipment at volume prices. BuyBoard complies with the State of Texas procurement statutes. The tractor-mower will be used for mowing ditches and other areas throughout the city. The new unit will replace Unit 4232, a 1986 Ford model 4630 with 218 hours of service. The old unit will be disposed of according to the City's surplus equipment disposal policy. Basic warranties are two (2)years for the tractor and one(1)year for the mower. Warranty service is available from Brookside Equipment Sales, of Houston. Delivery is estimated at ninety(90)to one hundred twenty(120) days. BUDGETARY IMPACT Funds are budgeted in Capital Reserve. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a tractor for use by the Parks and Recreation Department, from John Deere Co., of Cary, North Carolina, in the amount of $43,124.98 and the purchase of a mower for use by the Parks and Recreation Department, from Brookside Equipment Sales, of Houston,Texas, in the amount of$41,350.00 through the BuyBoard Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of February, 2011. - Mayor Becky Ames - I B RICH WITH OPPORTUNITY BEAUMON* 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: February 15, 2011 REQUESTED ACTION: Council consider approving the purchase of an excavator for use by the Water Department. RECOMMENDATION The administration recommends approval of the purchase from Landmark Equipment, of Irving, in the amount of$54,493. BACKGROUND Pricing for the equipment was obtained through the BuyBoard Cooperative Purchasing Program. Buyboard is a cooperative purchasing association which provides cities and political subdivisions with the means to purchase specialized equipment at volume prices. BuyBoard complies with the State of Texas procurement statutes. The excavator will be used for water construction and will replace Unit 5088, a 2001 model tractor/loader/backhoe with 6,155 hours of service. The old unit will be disposed of according to the City's surplus equipment disposal policy. The basic warranty provided is twelve(12)months. Warranty service is available from CLM Equipment, of Baytown. Delivery is estimated at thirty(30) days. BUDGETARY IMPACT Funds are budgeted in the Water Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of an excavator for use by the Water Utilities Department, from Landmark Equipment, of Irving,Texas, in the amount of$54,493 through the BuyBoard Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of February, 2011. - Mayor Becky Ames - c RICH WITH OPPORTUNITY C . City Council Agenda Item T E - X - A - S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attor�Y � MEETING DATE: February 15, 2011 REQUESTED ACTION: Council consider a resolution denying the request of Driver Operator Grade II James Williams to approve the accumulation of vacation leave from 2010 to 2011. RECOMMENDATION Administration recommends denial of the request of Driver Operator Grade II James Williams to carry over vacation leave from 2010 to 2011. BACKGROUND Driver Operator Grade II James Williams has requested to be allowed to carry over vacation leave accumulated in the year 2010 to be used in 2011 due to a line of duty injury. The Collective Bargaining Agreement between the City and the IAFF Local 399 does not make any exception for the carry over of accrued vacation leave. The Agreement at XIII, Section 2 states in part: "All vacation time earned in a calendar year must be taken in the following calendar year." The Texas Local Government Code at Section 143.046(c), gives to the City Council the ability to approve the accumulation of vacation leave from year to year for Firefighters and Police Officers. In light of the fact that Driver Operator Grade II James Williams was out on a line of duty injury in 2010 with full compensation,the Administration is of the opinion that the carry over of accrued vacation time from 2010 to 2011 is not merited. The Administration would recommend the denial of the request. BUDGETARYIMPACT None. RESOLUTION NO. i WHEREAS, the City of Beaumont and the International Association of Firefighters, Local 399 (hereinafter 1AFF 399"), entered into a Collective Bargaining Agreement effective February 13, 2008; and WHEREAS, Article XIII, Section 2, addresses vacation leave, how it is earned and how it is to be scheduled and taken; and WHEREAS, the Collective Bargaining Agreement, Article XIII, Section 2, does not allow exceptions as to the absolute no vacation carryover provision; and WHEREAS, Local Government Code,Section 143.046(c),givestothe municipality's governing body the ability to approve the accumulation of vacation leave from yearto year; and WHEREAS, neither the Beaumont City Manager nor the Beaumont Fire Chief have been authorized to grant exceptions to Article XIII, Section 2, to allow the carryover of vacation leave from year to year; and WHEREAS, any past exceptions made to such provision were unauthorized in that they were not in compliance with the Collective Bargaining Agreement or Local Government Code, Section 143.046(c); and WHEREAS, the City Council for the City of Beaumont does not intend to amend the Collective Bargaining Agreement except as provided for by Article XXXIII; and WHEREAS, the City Council has considered the request of Driver Operator Grade II James Williams to carryover vacation leave from one year to a subsequent year and is of the opinion that it would not be in the best interest of the citizens of Beaumont to grant the request and, therefore, the request should be denied; 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 request of Driver Operator Grade 11 James Williams to carryover vacation leave to a subsequent year be and it is hereby denied; and, THAT the meeting at which this resolution was approved was, in all things, conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of February, 2011. - Mayor Becky Ames - i D RICH WITH OPPORTUNITY r City Council Agenda Item g T • E - X A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorne MEETING DATE: February 15, 2011 REQUESTED ACTION: Council consider a resolution seeking a determination as to the impact of the release of certain information pertaining to the acquisition of property. RECOMMENDATION The City Attorney recommends the adoption of a resolution that the release of certain information to the public would impair the City's planning and negotiating position with regard to the acquisition of property needed for public projects. BACKGROUND The City of Beaumont continually acquires property, or interest in property, for various public projects. The Concord Road Pavement Widening Project, presently in negotiation for land acquisition, is a prime example. There has been a request made for certain information on the Concord Road Project which, if released to the public, could potentially impair the City's planning and negotiating position with respect to those specific properties and other properties yet to be acquired. This information includes such things as offer letters and appraisal reports reflecting pertinent land values critical to the City's negotiation efforts. The State Attorney General has indicated that his office will accept a governmental body's good faith determination that the release of such information would impair the entities planning and negotiating position with respect to the acquisition of property. Staff is seeking a determination of the City Council that the release of certain information, such as offer letters, appraisals and correspondence sent to property owners in negotiation to acquire property for public projects, would impair the negotiating position of the City with regard to the acquisition efforts. BUDGETARYIMPACT None. RESOLUTION NO. WHEREAS, the City of Beaumont has authorized the reconstruction of Concord Road from East Lucas to Highway 105; and, WHEREAS, the Concord Road Pavement Widening Project does require the acquisition of additional right-of-way to widen the existing roadway; and, WHEREAS, a public information request has been made for documents that include offer letters to property owners and appraisal reports of property to be acquired reflecting pertinent land values; and, WHEREAS, the release of this information would potentially compromise the efforts of the City of Beaumont to negotiate the acquisition of property needed for the improvement of Concord Road; and, WHEREAS, it is in the best interest of the City of Beaumont that his information not be release to the public, 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 it is the determination of the City Council of the City of Beaumont that the public release of information reflecting land values such as offer letters, appraisal reports and correspondence sent to land owners in negotiation to acquire property for public projects would be detrimental to, and would damage the negotiating position of, the City with respect to the acquisition of essential property. THAT the meeting at which this resolution was approved was, in all things, conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of February, 2011. - Mayor Becky Ames - E RICH WITH OPPORTUNITY BEA,UMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director PO MEETING DATE: February 15, 2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of property for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-one(61)parcels of land from East Lucas to Highway 105 are being acquired. The owners of the property listed below, have agreed to convey their property to the City: Parcel#63 0.3592 acre out of the Thomas Spear Survey, Abstract No. 50 (5440 Concord Rd.) Value: $80,000.00 Owners: Juanita Westmoreland The acquisition of the right of way is recommended for approval by the City Manager and Public Works Director. BUDGETARYIMPACT Funds are available in the Capital Program. C:\RealPropertyLetters\Concord\63-Westmore land\Counci lAgenda63.wpd I RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit"A"and shown on Exhibits"B" and "C,"attached hereto, for the Concord Road Pavement Widening Project: Parcel #63: 0.3592 acre out of the Thomas Spear Survey Abstract No. 50 (5440 Concord Road) Value: $80,000.00 Owner: Juanita Westmoreland 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 purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of February, 2011. - Mayor Becky Ames - AGREEMENT PROJECT: Concord Road Pavement Widening Project Parcel 63 THE STATE OF TEXAS X COUNTY OF JEFFERSON X This agreement between Juanita Westmoreland of the County of Jefferson, State of Texas, hereinafter called GRANTOR, and the City of Beaumont, Texas, acting by and through its duly authorized Agent,hereinafter called GRANTEE, witnesseth: GRANTEE and the GRANTOR above recited have reached an agreement wherein the GRANTORS are to convey to the GRANTEE the property described fully in a Special Warranty Deed to be executed by GRANTORS,to which reference is hereby made for complete description, said property being briefly described as follows: 0.3592 acre tract out of the Thomas Spear Survey, Abstract No. 50, Beaumont, Jefferson County, Texas. The consideration and conditions of agreement are fully listed and stated. GRANTEE will pay GRANTORS as follows: EIGHTY THOUSAND AND NO/100 DOLLARS, ($80,000.00) All liens and taxes (either current or delinquent)will be deducted. It is further agreed that the terms of agreement herein stated are in consideration of the delivery to the GRANTEE of a valid conveyance of all rights,title and interest described in the Special Warranty Deed from GRANTORS to the CITY OF BEAUMONT. THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. EXECUTED this day of 20 Cl O BEA a Juanita Westmoreland Engi Bering Su rvisor LINDA SUE CROOM, ATTORNEY—IN—FACT FOR / JUANITA WESTMORELAND C:\RealPropertyLetters\Coneord\Agreement63wpd EXHIBIT "A" June 2009 Parcel 63 Page 1 of 5 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 63 Being a 0.3592 acre (15,648 square feet) of land, situated in the Thomas Spear League, Abstract No. 50, and being out of and part of that certain called 1 Y2 acre tract of land having been conveyed to Garland Steve Westmoreland from James T. Gore and wife, Anna M. Gore by deed dated September 5, 1946, and being recorded under Volume 636 Page 324, of the Deed records of Jefferson County, Texas, and also being _ out of and part of that certain tract of land having been conveyed to G. S. Westmoreland from S. J. Westmoreland by deed dated April 19, 1955, and being recorded under Volume 973 Page 633 of the Deed Records of Jefferson County, Texas, said 0.3592 acre (15,648 square feet) of land being more particularly described as follows; COMMENCING at an 1/2" iron rod with cap stamped "F & S" found for the West corner of the said 1 '/2 acre Westmoreland tract and also said point being in the North line of that certain tract of land having been conveyed to William J. Travis from Reba Cox Westmoreland, widow of E. S. Westmoreland by deed dated January 14, 1985, and being recorded under Film Code No. 100-88-2352 of the Real Property records of Jefferson County, Texas; THENCE, NORTH 40°39'33" EAST along the Northwest line of the said 1 '/2 acre Westmoreland tract for a distance of 307.82 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwesterly right-of-way line of Concord Road, said point being the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 40°39'33" EAST, continuing along the Northwest line of the said 1 '/2 acre Westmoreland tract for a distance of 29.21 feet to a point for corner in the existing Southwesterly right-of-way line of Concord Road, said point being the North corner of the said 1 '/2 acre Westmoreland tract, and from said point a 5/8" iron rod with cap found bears SOUTH 40°39'33" WEST for a distance of 1.65 feet; 2) THENCE, SOUTH 52°26'36" EAST, along the existing Southwesterly right-of-way of Concord Road for a distance of 386.70 feet to a point for corner in the existing Southwesterly right-of-way line of Concord Road, said point being the most Easterly corner of the said 1 '/2 acre Westmoreland tract and said point being the Northerly corner of that certain tract of land having been conveyed to Thomas C. Hogan and Margo Hoyt by deed dated July 27, 1997, and being recorded under Film Code No. 100-88-2352 of the Real Property records of Jefferson County, Texas, and from said point a 1/2" iron pipe bears NORTH 88°41'43" WEST for a distance of 1.54 feet; June 2009 Parcel 63 Page 2of5 EXHIBIT 3) THENCE, SOUTH 87 049'39" WEST, along the boundary between the said Hogan et al tract and the said 1 '/2 acre Westmoreland tract for a distance of 89.89 feet to a point for corner, said point being the Northwest corner of the said Hogan et al tract and said point being the Northeast corner of the said Westmoreland tract recorded under Volume 973 Page 633; 4) THENCE, SOUTH 02°19'49" EAST, along the boundary between the said Hogan et al tract and the said Westmoreland tract recorded under Volume 973 Page 633 for a distance of 7.26 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW _ Monument" set for corner in the proposed Southwesterly right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 245.00 feet and being subtended by a chord bearing NORTH 35 015'00" WEST having a chord length of 8.67 feet; 5) THENCE NORTHWESTERLY, along and with said curve, for an arc length of 8.67 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwesterly right-of-way line of Concord Road, said corner being in the North line of the said Westmoreland tract being recorded under Volume 973 Page 633 and in the South line of the said 1 Y2 acre Westmoreland tract, said corner also being the beginning of a curve turning to the left having a radius of 245.00 feet and being subtended by a chord bearing NORTH 41057,25" WEST having a chord length of 48.61 feet; 6) THENCE NORTHWESTERLY, along and with said curve, for an arc length of 48.69 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwesterly right-of-way line of Concord Road; 7) THENCE, NORTH 47°39'01" WEST along the proposed Southwesterly right-of-way line of Concord Road for a distance of 268.67 feet to the POINT OF BEGINNING and containing 0.3592 acre (15,648 square feet) of land. June 2009 Parcel 63 Page 3 of 5 EXHIBIT A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed February 2009 ri GIVEN UNDER MY HAND AND SEAL THIS THE2'5 DAY OF JUNE 2009. _ r e"�T ° Mark W. Whiteley, RPLS t#36:36°°•°`,'°`"°°": r h 36216 ;r;O ail I LEGEND i ■ SET 5/8" I. R. WITH CAP STAMPED "CITY OF BEAUMONT R❑W MONUMENT' TXD❑T CONTROL MONUMENT xx PARCEL NUMBER THOMAS SPEAR SURVEY 0 FND PROPERTY CORNER AS NOTED ABSTRACT NO. 50 POWER POLE PROPOSED ROW LINE PARENT TRACT EXISTING ROW LINE N.T.S. PROPERTY LINE — — SURVEY LINE O.B. PAR 6 comic COUNTY LINE 'pO 1po O CALLED 10.604 ACRES CALLED 1.50 ACRES ACADEMY, LTD GARLAND STEVE WESTMORELAND _ JUNE 14, 2007 SEPTEMBER 5, 1946 63 CF. NO. 20070 3100 VOL. 06 PC. 324 OPRJC P.O.C. PAR 63 FND 112'1. ROD W\CAP STAMPED F&S' G. S. WESTMORELAND WILLIAM J. TRAVIS APRIL 19, 1955 JANUARY 14, 1985 VOL. 973, PG. 633 FC N0. 100-88-2352 ORJC OPRJC BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. '57 . . LEY �f EXISTING TAKING REMAINING ;F 4"f ACRES ACRES/(S.E) ACRES r PARCEL 63, 2. 3763 0. 3592/(15648) 2. 0171 MARK W. WHITELEY AND ASSOCIATES INCORPORATED PARCEL PLAT ,qqqlqlllllil CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 6 3 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 c r of E 1 " = 50' JUNE 2009 409-892-0421 (FAX) 409-8F- EXHIBIT "B" SHEET 4 OF 5 PI STA. = 1+59.34 0=44°13'56" R=275.0000' oVPND 5/8" I. ROD W\CAP BEARS T=111,7558' 00 S40'39'33"W 1.65 L-212.2991' CONCORD R OADTCh=207;0664' N'LEND 1/2" I. PIPE BEARS -� 5+00D-20.50'0 5 N88'41'43"W 1.54 S52'26'36"E 386.70' C> RIGHT OF WAY — —__ AJ 17.56"W 489-24 PROPOSED BASELINE N47'39'0 1" 2+5.23 PROPOSED RIGHT OF WAY 268'67 ° 30,00 LT S�1 P.O.B. PAR. 63 \ 5+28,55 C2 mac, 30.00 LT 64 RESIDENCE 2+59.89 C1 CALLED 10.604 ACRES 63 30.00 LT ACADEMY, LTD 1+95,50 JUNE 14, 2007 V CF. NO. 2007023100 30.00 LT OPRJC N c m r�l _ 0 CALLED 1.50 ACRES X GARLAND STEVE WESTERMARELAND w SEPTEMBER 5, 1946 G. S. WESTMORELAND VOL. 636, 324 / DRJC VOL. 973 9 PG95633 °' DRJC 0 �r- 4E�g b3 P.O.C. PAR. 63 Q,BS FND 1/2" 1. ROD D .F&s" PARCEL PLAT CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE SHOWING PARCEL 63 Cl 245.00' 8.67' 8.67' N35'15'00"W 02'01'37" C2 245.00' 48.69' 48.61' N41'57'25"W 11'23'12" CONCORD ROAD JEFFERSON COUNTY LINE BEARING DISTANCE L1 N40'3933 E 29.21' 50' JUNE 2009 SCALE 1 " = L2 s02*19'49"E 7.26' SHEET 5 OF 5 RICH WITH OPPORTUNITY F r City Council Agenda Item T * E • X • A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director To MEETING DATE: February 15, 2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of properties for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-one (61)parcels of land from East Lucas to Highway 105 are being acquired. The owner of the property listed below, has agreed to convey his property to the City: Parcel#61 0.0746 acre out of Thomas Spear Survey, Abstract No. 50 (6705 & 6715 Concord Road) Value: $16,500.00 Owner: Ina Harris The acquisition of the right of way is recommended for approval by the City Manager and Public Works Director. BUDGETARYIMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit"A"and shown on Exhibits"B"and "C," attached hereto, for the Concord Road Pavement Widening Project: Parcel #61: 0.0746 acre out of Thomas Spear Survey, Abstract No. 50 (6705 & 6715 Concord Road) Value: $16,500.00 Owner: Ina Harris 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 purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of February, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, INA HARRIS, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of SIXTEEN THOUSAND FIVE HUNDRED NINETY-NINE AND NO/100 ($16,500.00) DOLLARS 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, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit "A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and EXHIBIT "A" singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by,through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2011. INA HARRIS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by INA HARRIS. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 IIII June 2009 Parcel 61 Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 61 Being a 0.0746 acre (3,248 square feet) of land, situated in the Thomas Spear Survey, Abstract No. 50, being out of and part of that certain tract of land being described as Lots A, 1, and 2 in Block 4 of Rosedale Addition to the City of Beaumont, as per the replat of said addition of record in Volume 7 Page 7, Map Records of Jefferson County, Texas, having been conveyed to D. W. Harris from W. C. Carruth and J. W. Rogers and wife, Lillian Monique Rogers, by deed dated June 4, 1962 and being recorded under Volume 1305 Page 52, of the Deed records of Jefferson County, Texas, said 0.0746 (3,248 square feet) acre of land being more particularly described as follows; COMMENCING at a 1"x2" bar found for the most Southerly corner of the said Harris tract, the same being the most southerly corner of said Lot 1 and being the Westerly corner of Lot 2 of said subdivision, also said point being in the Easterly corner of Cole Road (based on a width of 60 feet); THENCE, NORTH 22°08'58" EAST, along the East right-of-way line of Cole Road for a distance of 51.90 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way of Concord Road and the POINT OF BEGINNING of the parcel herein described, 1) THENCE, NORTH 22°08'58" EAST, continuing along the East right-of-way line of Cole Road for a distance of 91.69 feet to a point for corner in the existing Southwest right-of-way of Concord Road, said corner being the North corner of said Lot A, said comer also being the beginning of a curve turning to the right having a radius of 523.19 feet and being subtended by a chord bearing SOUTH 75 015'08" EAST having a chord length of 33.90 feet; 2) THENCE, SOUTHEASTERLY, along said curve for an arc length of 33.91 feet to a "PW nail set for comer in the proposed Southwest right-of-way of Concord Road; 3) THENCE, SOUTH 20 054'25" WEST, along the proposed Southwest right-of-way line of Concord Road for a distance of 95.30 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right- of-way of Concord Road; 4) THENCE, NORTH 69°05'35" WEST, along the proposed Southwest right-of-way line of Concord Road for a distance of 35.69 feet to the POINT OF BEGINNING and containing 0.0746 acre (3,248 square feet) of land. June 2009 Parcel 61 Page 2of4 EXHIBIT A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed January 2009 d f GIVEN UNDER MY HAND AND SEAL THIS THEVJ' DAY OF JUNE 2009. �•O F. r� VL..) NIT... Y. ....q 636 ate: fl Mark W. Whiteley, RPLS #3636 i i II LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED 'M, W. WH I TELEY & ASSOCIATES' TXD❑T CONTROL MONUMENT xx PARCEL NUMBER O FND PROPERTY CORNER AS NOTED 0 POWER POLE PROPOSED ROW LINE 61 EXISTING ROW LINE PROPERTY LINE LOT 4 LOT 3 LOT 2 �O� coNC�RO — SURVEY LINE �� LOT A RO�� COUNTY LINE BLOCK t V P.O.B. PARCEL 60 LOT 1 LOTS A, 1, & 2 CALLED 9.10 ACRES THOMAS D. W. HARRIS TRACT ONE LOT 34 LOT 35 LOT 36 JUNE 4 1962 6640, INC. VOL. 130 PG. 52 FEBRUARY 22 2000 P.O.0 PARCEL 60 DRJC LOT z CF. NO. 2000bO6443 OPRJC FND. 518" I. ROD BLOCK 4 LOT 3 CALLED 0.1125 ACRES TRACT ONE CROWN CASTLEGT O P000CC CF.N 26463 3 PARENT TRACT OPRJC N.T.S. BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT, SURVEYED JANUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. e ..........H............. TAKING REMAINING EXISTING ?636 p ACRES ACRES S.F. ACRES SIJP+� 0. 5077 0. 0746�(3�248) 0. 4331 MARK W. WHITELEY y� AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 61 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 SCALE 1 " = 50' JUNE 2009 409-892-0421 (FAX) 409-892-1346 EXHIBIT "B" SHEET 3 OF 4 N54'05'35"W 492.19' CL CURVE DATA — PI STA=229+59.01 I M CONCORD ROAD =39°19'30" gp,SE�-�NE a°o R500,0000' pOSE� + T178.6564' g 0 pR WAY N PROPOSED RIGHT OF WAY L343,1746' H1 OF Ch336.4783' Al X1S11NG R1G u D11°27'33" �0 SET PK E a_ 2 NAIL P CA 229+41.. VO 60 Oh CALLED 9.10 ACRES 45,51LT TRACT 6640, INC. LOTS A, W & 2 FEBRUARY 22, 644 -� n 61 CF. N0. 2000006443 p r THOMAS D. W. HARRIS � SAP r `'� JUNE 4. 1962 OPRJC VOL. 1305 PG. 52 NQ,S S C p 5� � 229+49.14 DRJC 4 Z1 ,L p 14 0.6 0 L T A O v' P.O./B. PAR. 61 L4� 22_9+98.13 RESIDENCE CALLED 0.1125 ACRES m 136, 15LT TRACT ONE r CROWN CASTLE GT X P.O.C. PAR. 61 CF. NO. 2006048633 W OPRJC 1n n G� BAR vO O' V PARCEL PLAT LINE BEARING DISTANCE SHOWING L1 N22`08'58"E 51 .90' PARCEL 61 L2 N22'08'58"E 91 .69' L3 S20'54'25"W 95.30' CONCORD ROAD JEFFERSON COUNTY L4 N69'05'35"W 35.69' _ CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE SCALE 1 " = 50' JUNE 2009 Cl 523.19' 33.91 ' 33.90' S75'15 08"E 3'42'48' SHEET 4 OF 4 G RICH WITH OPPORTUNITY BEA,IIMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager n PREPARED BY: Patrick Donart, Public Works Director P-0 MEETING DATE: February 15, 2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of property for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-one (61)parcels of land from East Lucas to Highway 105 are being acquired. The owners of the property listed below, have agreed to convey their property to the City: Parcel #50 0.0358 acre out of the F. Bigner Survey, Abstract No. 1 (6050 Concord Road) Value: $10,500.00 Owners: J. C. Modica The acquisition of the right of way is recommended for approval by the City Manager and Public Works Director. BUDGETARY IMPACT Funds are available in the Capital Program. C:\Rea]PropertyLetters\Concord\50-J C Modica\Counci1Agenda50.wpd RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit"A"and shown on Exhibits"B"and "C,"attached hereto,for the Concord Road Pavement Widening Project: Parcel #50: 0.0358 acre out of the F. Bigner Survey Abstract No. 1 (6050 Concord Road) Value: $10,500.00 Owner: J.C. Modica 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 purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of February, 2011. - Mayor Becky Ames - I ^�'--02/03/2011 15:27 4098421860 MODICA BROS PAGE 03/03 AGREEMENT PROJECT: Concord Road Pavement Widening Project Parcel 50 THE STATE OF TEXAS X COUNTY OF ,JEFFERSON X This agreement between J. C. Modica of the County of Jefferson., State of Texas, hereinafter called GRANTOR, and the City of Beaumont, Texas, acting by and through its duly authorized Agent,hereinafter called GRANTEE, witnesseth: GRANTEE and the GRANTOR above recited have reached an agreement wherein the GRANTORS are to convey to the GRANTEE the property described frilly in a. Special Warranty Deed to be executed by GRANTORS, to which reference is hereby made for complete description, said property being briefly described as follows: 0.0358 acre tract out of the F. Bigner Survey, Abstract No. 1, Beaumont, Jefferson County, Texas, The consideration and conditions of agreement are fully listed and stated- GRANTEE will pay GRANTORS as follows: TEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS, ($10,500.00) All liens and taxes (either current or delinquent)will be deducted. It is further agreed that the terms of agreement herein stated are in consideration of the delivery to the GRANTEE of a valid conveyance of all rights, title and interest described in the Special Warranty Deed from GRANTORS to the CITY OF BEAUMONT. THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE.BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. II l EXECUTED thi day of / !Ij�� c��l 20 , CITY B T a Craig., J. C. Modica Engi eeng Su. isor C:\Real PropertyI_ettem\Coneord\ngreement5 0.doc EXHIBIT "A" March 2009 Parcel 50 Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 50 Being a 0.0358 acre (1,561 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 0.9977 acre tract of land having been conveyed to J C Modica from Jennifer Hamilton Bryan, by deed dated January 15, 2001 and being recorded under Clerk's File No. 2001002677 of the Real Property records of Jefferson County, Texas, said 0.0358 (1,561 square feet) acre of land being more particularly described as follows; COMMENCING at a 2" iron pipe found for the Northeasterly corner of that certain called 0.38 acre tract of land having been conveyed to Richard E. Bonura and wife, Frances Bonura from Roy J. Worthy and wife, Aline Worthy, by deed dated March 3, 1966 and being recorded under Volume 1458 Page 111, of the Deed records of Jefferson County, Texas and the most Northwesterly corner of the said 0.9977 acre Modica tract; THENCE, SOUTH 14°52'14" WEST, along the East line of the said 0.38 acre Bonura tract and the West line of the said 0.9977 acre Modica tract for a distance of 214.04 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road and the POINT OF BEGINNING of the parcel herein described, said corner also being the beginning of a curve turning to the left having a radius of 2354.00 feet and being subtended by a chord bearing SOUTH 58°2928" EAST having a chord length of 168.37 feet; 1) THENCE, SOUTHEASTERLY, along said curve for an arc length of 168.41 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road, said corner being in the East line of the said 0.997 acre Modica tract and also being in the West line of that certain called 1.00 acre tract of land having been conveyed to Walter H. Nebgen and wife, Barbara J. Nebgen from R. R. Cole and wife, Ferle Nall Cole, and F. A. Cole, individually and as sole surviving heir of Claudia W. Cole by deed dated November 18, 1976 and being recorded under Volume 1969 Page 270, Deed records of Jefferson County, Texas; March 2009 Parcel 50 Page 2of4 EXHIBIT 2) THENCE, SOUTH 14 013'14" WEST, along the East line of the said 0.9977 acre Modica tract and the West line of the said 1.00 acre Nebgen tract for a distance of 14.25 feet to a point for corner, from which a 5/8" iron rod bears NORTH 14°13'14" EAST a distance of 1.03', said corner being the South corner of the said 0.9977 acre Modica tract and the Southwest corner of the said 1.00 acre Nebgen tract, also said corner being in the existing Northeast right-of-way of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 925.00 feet and being subtended by a chord bearing NORTH 55°37'39" WEST having a chord length of 107.23 feet; 3) THENCE, NORTHWESTERLY, along said curve for an arc length of 107.29 feet to a point for corner in the existing Northeast right-of-way of Concord Road, said point being the South corner of the said 0.997 acre Modica tract and being the Southwest corner of the said 1.00 Nebgen tract; 4) THENCE, NORTH 14 052'14" EAST, along the East line of the said 0.9977 acre Modica tract and along the West line of the said 1.00 acre Nebgen tract for a distance of 2.30 feet to the POINT OF BEGINNING and containing 0.0358 acre (1,561 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed January 2009 GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF March 2009. Mark W. Whiteley, RPLS #3636 LEGEND ■ SET 5/8" 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT" 0 TXD❑T CONTROL MONUMENT xx PARCEL NUMBER O FND PROPERTY CORNER AS NOTED POWER POLE PROPOSED ROW LINE THOMAS SPEAR SURVEY EXISTING ROW LINE ABSTRACT NO. 50 PROPERTY LINE F. B[GNER SURVEY SURVEY LINE ABSTRACT NO. I COUNTY LINE CALLED 1.00 ACRES WALTER H. NEBGEN, et ux P.O.0 PARCEL 50 NOVEMBER 18, 1976 FND. 2 I. PIPE VOL. 1969, PG. 270 DRJC CALLED 0.9977 ACRES J C MODICA JANUARY 15, 2001 CF NO. 2001002677 CALLED 0.38 ACRES OPRJC RICHARD E. 8ON 0, et ux MARCH 3, 1966 VOL. 1458, PG. 111 DRJC P.O.B. PARCEL 50 50 CONCORD ROAD PARENT TRACT N.T.S. BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. EXISTING TAKING REMAINING ACRES ACRES/(S.F.) ACRES PARCEL 50, 0. 9977 0.0358/( 1561) 0. 9619 MARK W. WHITELEY $ 05 AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 50 CONCORD ROAD JEFFERSON COUNTY i P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 MARCH 2009 p 409-892-0421 (FAX) 40A-892-1348 SCALE 1 = 50' EXHIBIT "B„ SHEET 3 OF 4 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 2354.00' 168.41' 168.37' 558'29'28"E 04'05'56" C2 925.00' 107.29' 107.23' N55'37'39"W 06'38'45" LINE BEARING DISTANCE v `L"n �1 L1 S14'13'14"W 14.25' � L2 N14'S2'14"E Dc V s� ctv A$ P.O.C. PAR. 50 o_ CALLED 1.00 ACRES FND 2" °,,; WALTER H. NEBGEN, et ux I. PIPE NOVEMBER 18, 1976 CALLED 0.9977 ACRES VOL. 1969, PG. 270 J C MODICA ��r� DRJC s JANUARY 15, 2001 0 0 5N CF NO. 2001002677 0.J U OPRJC h 00�, PI STA=206+02.52 L 17'04'05" m R=2400.0000' X o Q 49 T=360.1396' w L=714.9448' CALLED 0.38 ACRES 199+50.11 Ch=712.3042' RICHARD E. BONURA, et ux 46,OORT D=02'23'14" MARCH 3 1966 50 VOL. 1458, PG. 111 200+21,82 FIND 5/8' I. ROD BEARS DRJC 46.00RT N14'13'14"E 1.03' G P.O.B. PAR. 50 RI_01 OF WAY pROpOSED \-� OF WAY C 7 ZEXISTING_RICH C2 --TL2 N52°18'17"W 65.24' - PARCEL PLAT SHOWING CONC04D 7 (DAD PARCEL 50 _ BASELINE 200+00 =PROPOSED — CONCORD ROAD JEFFERSON COUNTY --�0 SCALE 1 " = 50' MARCH 2009 SHEET 4 OF 4 RICH WITH OPPORTUNITY H r City Council Agenda Item T • E • X • A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director Q0 MEETING DATE: February 15, 2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of properties for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-one (61) parcels of land from East Lucas to Highway 105 are being acquired. The owner of the property listed below,has agreed to convey his property to the City: Parcel #23 0.1232 acre out A. Williams League, Abstract No. 385 (5670 Pine Burr Blvd) Value: $9,996.00 Owner: Estate of William and Mary Louise Ehrensberger The acquisition of the utility easement is recommended for approval by the City Manager and Public Works Director. BUDGETARYIMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit"A"and shown on Exhibits"B" and "C,"attached hereto, for the Concord Road Pavement Widening Project: Parcel #23: 0.1232 acre out of A. Williams League Abstract No. 385 (5670 Pine Burr Boulevard) Value: $9,996.00 Owner: Estate of William and Mary Louise Ehrensberger 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 purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of February, 2011. - Mayor Becky Ames - I NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, the ESTATE OF WILLIAM AND MARY LOUISE EHRENSBERGER, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of NINE THOUSAND NINE HUNDRED NINETY-SIX AND NO/100 ($9,996.00) DOLLARS 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, for the conveyance of the hereinafter described property,the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described„in Exhibit "A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto itself, its successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. EXHIBIT "A" TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds itself and its successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of 52011. ESTATE OF WILLIAM EHRENSBERGER By: KERRY PEPITONE EHRENSBERGER ESTATE OF MARY LOUISE EHRENSBERGER By: THOMAS EHRENSBERGER ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on , 2011, by for the ESTATE OF WILLIAM EHRENSBERGER, on behalf of said Estate. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on , 2011,by for the ESTATE OF MARY LOUISE EHRENSBERGER, on behalf of said Estate. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 June 2009 Parcel 23 Page 1 of 4 EXHIBIT_ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 23 Being a 0.1232 acre (5,369 square feet) of land, situated in the A. Williams League, Abstract No. 385, being out of Lot 24 of French Heights Addition, a subdivision to in Jefferson County, Texas being recorded in Volume 6 Page 31 of the Map Records of Jefferson County, Texas and the same being that certain called 1.09 acre tract having been conveyed to William Ehrensberger and wife, Mary Louise Ehrensberger from J. H. Stauts and wife, Clara A. Stauts, by deed dated March 27, 1941 , and being recorded in Volume 491, Page 304 of the Deed records of Jefferson County, Texas, said 0.1232 acre (5,369 square feet) of land being more particularly described as follows; COMMENCING at an 4" iron tube with cap found for the most Northeasterly corner of that certain called 1.063 acre tract of land having been conveyed to James Trahan & Maria Trahan from CYRA Holdings Inc. by deed dated April 10, 2006, and being recorded under Clerk's File No. 2006014212 of the Real Property records of Jefferson County, Texas, said corner being in the most Southeasterly corner of Lot 7, Block 1 and the most Southwesterly corner of Lot 8, Block 1, of Hawthorn Place Addition, Unit One, as recorded in Volume 7, page 165, of the Map Records of Jefferson County, Texas, said point also being the common line between the F. Bigner Survey, Abstract No. 1 and the A. Williams Survey, Abstract No. 385; THENCE, SOUTH 03°08'14" EAST along the boundary line between the said 1.063 acre Trahan tract and the said 1.09 acre Ehrensberger tract, the same being the common line between the F. Bigner Survey, Abstract No. 1 and the A. Williams Survey, Abstract No. 385 for a distance of 421.01 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeasterly right-of-way line of Concord Road, said point being the POINT OF BEGINNING of the parcel herein described; 1) THENCE, SOUTH 54 030'26" EAST, along the proposed Northeast right-of-way line of Concord Road for a distance of 125.58 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northwest right- of-way line of Pine Burr Boulevard; 2) THENCE, NORTH 52°14'21" EAST, along the proposed Northwest right-of-way line of Pine Burr Boulevard for a distance of 194.18 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner, said point being in the Northeast line of the said 1.09 Ehrensberger tract and being the common line between Lot 24 and Lot 23 of said French Heights Addition; June 2009 Parcel 23 Page 2of4 EXHIBIT 3) THENCE, SOUTH 54 038'14" EAST, along the Northeast line of the said 1.09 acre Ehrensberger tract for a distance of 20.90 feet to a point for corner; 4) THENCE, SOUTH 52°14'21" WEST, along the existing Northwest right-of-way of Pine Burr Boulevard for a distance of 205.18 feet to a point for corner in the existing Northeast right-of-way line of Concord Road, said corner being the most Southerly corner of the said 1.09 acre Ehrensberger tract; 5) THENCE, NORTH 54 033'44" WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 134.83 feet to a point for comer, said point being the most Southwesterly corner of the said 1.09 acre Ehrensberger tract and being the most Southerly corner of the said 1.063 acre Trahan tract, and from said point an axle found bears NO3 008'14"W 0.66 feet; 6) THENCE, NORTH 03°08'14" WEST, along the East line of the said 1.063 acre Trahan tract and the West line of the said 1.09 acre Ehrensberger tract for a distance of 13.59 feet to the POINT OF BEGINNING and containing 0.1232 acre (5,369 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed January 2009 fh GIVEN UNDER MY HAND AND SEAL THIS THE 10 DAY OF JUNE 2009. OF W co GB�e Mark W. Whiteley, RPLS #3636 ..,...... �l Et;EY y' .., 3636 s Q .<.•.9p Off. O 9�`O S UR�� LEGEND fi ■ SET 5/8` I. R. WITH CAP STAMPED "CITY ❑F BEAUMONT ROW MONUMENT" 0 TXDOT CONTROL MONUMENT Q PARCEL NUMBER O FND PROPERTY CORNER AS NOTED POWER POLE PROPOSED ROW LINE P.O.0 PARCEL 23 EXISTING ROW LINE FND. 4" 1. TUBE A. WIU IAMS SURVEY ABSTRACT NO. 385 PROPERTY LINE SURVEY LINE COUNTY LINE F. BIGNER SURVEY ABSTRACT N0. 1 CALLED 1.09 ACRES m o WILLIAM EHRENSBERGER et ux APRIL 1, 1941 VOL. 481 G. 304 Q�o� CALLED 1.063 ACRES RJC JAMES TRAHAN & P.O.B. U04 TRAHAN PARCEL 23 C O044F N . � 212 3 OPRJC CONCORD ROAD PARENT TRACT N.T.S. BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. O.F•T�LL A`Q,�6� c9c'.:� .... . ....... e E ,Y EXISTING TAKING REMAINING F o . ACRES ACRES S.F. ACRES G ••S U 1. 09 0. 1232/(5369)PARCEL 23, 0. 9668 MARK W. WHITELE AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 23 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRPWY. BEAUMON409-B92-0421 TEXAS 26-5492 B(FAX)N409-892-1346 3 SCALE 1 " = 50' JUNE 2009 SHEET 3 OF 4 EXHIBIT °B" LINE BEARING DISTANCE L 1 NO3-08'1 4 V 13.59' P.O.C. PAR. 23 FN D 4" �� I. TUBE (S53*00'00"E 345.00;) S54'38 14 E 350.44 S54'38'1 4"E 20.90' \��pN 165+22.98 225.95RT �Q M,O o� CALLED 1.09 ACRES 1�0 o�o WILLIAM EHRENSBERGER et ux N�l: st O, APRIL 1, 1941 0, ° F VOL. 491 PG. 304 <<, 'DSO DRJC cvo CALLED 1.063 ACRES � JAMES TRAHAN & 66'-J MARIA TRAHAN APRIL 10, 2006 `v CF. NO. 2006014212 ko OPRJC m 23 25 = P.O.B. PAR. 23 167+4,51 165+78.94 w 40.00RT 40,OORT PROPOSED RIGHT OF WAY S54'30'26"E 125.58' h —EXISTING RIGHT OF WAY FND AXLE BEARS N54'33'44"W 134.83' – NO3'08'14"W 0.66' (N53'00'00"W 137.70') N54'30 26 W 1552.99 166+00 PROPOSED BASELINE -- CONCORD ROAD PARCEL PLAT SHOWING 77 PARCEL 2 CONCORD ROAD JEFFERSON COUNTY SCALE 1 " = 50' JUNE 2009 SHEET 4 OF 4 RICH WITH OPPORTUNITY ' r City Council Agenda Item T • E • X • A • S TO: City Council FROM: Kyle Hayes, City Manager nn__ PREPARED BY: Patrick Donart, Public Works Directorl'o MEETING DATE: February 15, 2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of properties for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-one (61)parcels of land from East Lucas to Highway 105 are being acquired. The owner of the property listed below, has agreed to convey his property to the City: Parcel #46 0.0866 acre out F. Bigner Survey Abstract No. 1 (5980 Concord Road) Value: $5,999.00 Owner: Gene VanMeter The acquisition of the right of way is recommended for approval by the City Manager and Public Works Director. BUDGETARY IMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit"A"and shown on Exhibits"B"and "C,"attached hereto, for the Concord Road Pavement Widening Project: Parcel #46: 0.0866 acre out of F. Bigner Survey Abstract No. 1 (5980 Concord Road) Value: $5,999.00 Owner: Gene VanMeter 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 purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of February, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, GENE VANMETER, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of FIVE THOUSAND NINE HUNDRED NINETY-NINE AND NO/100 ($5,999.00) DOLLARS 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, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit "A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and EXHIBIT "A" singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above,when the claim is by,through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2011. GENE VANMETER STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by GENE VANMETER. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 March 2009 Parcel 46 Page 1 of 4 EXHIBIT_ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 46 Being a 0.0866 acre (3,773 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 6.6074 acre tract of land, also being identified as Tract I, and that certain called 0.0826 acre tract of land, also being identified as Tract II, having been conveyed to Gene A. Van Meter from Monica O'Connor by deed dated September 20, 2007 and being recorded under Clerk's File No. 2007037089 of the Real Property Records of Jefferson County, Texas, said 0.0866 (3,773 square feet) acre of land being more particularly described as follows; COMMENCING at a 2" iron pipe found for the Northeasterly corner of that certain called 1 acre tract of land having been conveyed to Walter Hugh Nebgen and wife, Barbara Jean Nebgen from David Allen Monteaux and wife, Doris Elva Monteaux, by deed dated February 21, 1975 and being recorded under Volume 1868 Page 50 of the Deed records of Jefferson County, Texas and for an interior ell corner in the Westerly line of the said 6.6074 acre Van Meter tract; THENCE, SOUTH 21-18'38" WEST, along the Westerly line of the said 6.6074 acre Van Meter tract and the Easterly line of the said 1 acre Nebgen tract for a distance of 464.37 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, SOUTH 55°13'24" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 16.32 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road; 2) THENCE, SOUTH 62°03'58" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 383.10 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road, said corner being in the Easterly line of the said 6.6074 acre Van Meter tract and in the Westerly line of that certain called 0.305 acre tract of land having been conveyed to Jose T. Gonzales and Anna L. Gonzales from Steven A Rose and Rhona L. Rose by deed dated October 31, 1990 and being recorded under Film Code No. 103-40-2176 of the Real Property records of Jefferson County, Texas; March 2009 Parcel 46 Page 2 of 4 EXHIBIT 3) THENCE, SOUTH 19 024'37" WEST, along the East line of the said 6.6074 acre Van Meter tract and along the West line of the said 0.305 acre Gonzales tract for a distance of 9.54 feet to a point for corner in the existing Northeast right-of-way line of Concord Road, said point being the Southeasterly corner of the said 6.6074 acre Van Meter tract and the Southwesterly corner of the said 0.305 acre Gonzales tract, and from said point a 2" iron pipe found in a tree bears NORTH 19°24'37" EAST a distance of 1.63 feet; 4) THENCE, NORTH 62°03'31" WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 399.41 feet to a point for corner, said corner being the Southwest corner of the said 6.6074 acre Van Meter tract and being the most Southerly corner of the said 1 acre Nebgen tract and from said point a 5/8" iron rod bears NORTH 21018'38" EAST a distance of 1.24 feet; 5) THENCE, NORTH 21018'38" EAST, along the Westerly line of the said 6.6074 acre Van Meter tract and the Easterly line of the said 1 acre Nebgen tract for a distance of 11.41 feet to the POINT OF BEGINNING and containing 0.0866 acre (3,773 square feet) of land. A parcel plat of even date accompanies this property description. 1, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed January 2009 GIVEN UNDER MY HAND AND SEAL THIS THE g DAY OF March 2009. Mark W. Whiteley, RPLS #3636 - � } LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' 0 TXD❑T CONTROL MONUMENT N O PARCEL NUMBER O FND PROPERTY CORNER AS NOTED POWER POLE / PROPOSED ROW LINE / EXISTING ROW LINE THOMAS SPEAR SURVEY PROPERTY LINE ABSTRACT NO. 50/ SURVEY LINE / / F. SIGNER SURVEY COUNTY LINE ABSTRACT N0. 1 P.O.0 PARCEL 46 FND. 2" I. PIPE TRACT Il Z CALLED 6.6074 ACRES TRACT I GENE A. VAN METER SEPTEMBER 20, 2007 CF NO. 2007037089 CALLED 1.00 ACRES OPRJC WALTER HUGH NEBGEN, et ux FEBRUARY 24, 1975 VOL. 1868, PG. 50 CALLED 0.305 ACRES DRJC JOSE T. GONZALES, et ux OCTOBER 31, 1990 FC NO. 103-40-2173 P.O.B. OPRJC PARCEL 46 46 CONCORD ROAD PARENT TRACT BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES N.T.S. IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. n; n��f P� f � n 3 r• EXISTING TAKING REMAINING ACRES ACRES/(S.F.) ACRES PARCEL 46, 6. 6900 6, 5208 MARK W. WHITELEY G� 0. 0866/(3773) AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 46 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 B(FAX)N409-892-134603 4 09-69 SCALE I " = 50' MARCH 2009 4 -0421 SHEET 3 OF 4 EXHIBIT "B" / of"- �O P.O.C.N PAR. 46 1. PIPE z CALLED 6.6074 ACRES U L�J_ TRACT I om`r° 00 o0 SEPNEMBERA20M2 07 oz �� pr7 00 CF NO. 2007037089 o;Q�° co� e OPRJC U Q�mJ(D \NN N ~ "�`1' �� CALLED 0.305 ACRES m Q 196+16.31 JOSE T. GONZALES, et ux = 42.00RT OCTOBER 31, 1990 W 49 P 0 B FC NO. 103-40-2173 PAR. 46 46 196+00,11 OPRJC 192+16.99 40,OORT 40.0 DIRT 45 L 1 S62'03'58"E 383.10' PROPOSED RIGHT OF WAY JN -----------__ J EXISTING RIGHT OF WAY N62°03'31"W 399.41' D - -FND 5/8" I. ROD BEARS (N58'30'47"W 397.08') O O v O O \ D ROAD=FND 5/8" I. ROD BEARS_- - N21'18'38°E 1.24 194+00 N19'24'37"E 1.63'— _PROPOSED \BASELINE N62'6'14.56"W_1326.64' PARCEL PLAT LINE BEARING DISTANCE SHOWING PARCEL 46 L1 S55'13'241 16.32' L2 S19'24'37"W 9.54' CONCORD ROAD JEFFERSON COUNTY L3 N21'18'38"E 1 1.41' SCALE 1 " = 50' MARCH 2009 SHEET 4 OF 4 RICH WITH OPPORTUNITY J r City Council Agenda Item T • E • X 9 A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: February 15, 2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of properties for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-one (61)parcels of land from East Lucas to Highway 105 are being acquired. The owner of the property listed below, has agreed to convey his property to the City: Parcel#13 0.0259 acre out of Lot 27, Block 3, French Heights Addition (5170 Concord Road) Value: $4,995.00 Owner: Paula K. Doyle The acquisition of the right of way is recommended for approval by the City Manager and Public Works Director. BUDGETARYIMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit"A"and shown on Exhibits"B" and "C,"attached hereto, for the Concord Road Pavement Widening Project: Parcel #13: 0.0259 acre out of Lot 27, Block 3, French Heights Addition (5170 Concord Road) Value: $4,995.00 Owner: Paula K. Doyle 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 purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of February, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, PAULA K. DOYLE, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of FOUR THOUSAND NINE HUNDRED NINETY-FIVE AND NO/100 ($4,995.00) DOLLARS 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, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit "A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and EXHIBIT "A" singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of 52011. PAULA K. DOYLE STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by PAULA K. DOYLE. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 April 2009 Parcel 13 Page 1 of 4 EXHIBIT_ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 13 Being a 0.0259 acre (1,130 square feet) of land, situated in the A. Williams League, Abstract No. 385, and being out of and part of Lot 27, Block 3 of the French Heights Subdivision recorded in Volume 6, Page 61 of the Map Records of Jefferson County, Texas, also being out of and part that certain tract of land having been conveyed to Donald I. Nelson and Paula K. Doyle from Theda M. Simmons by deed dated February 26, 1997 recorded under Clerk's File No. 9705170 of the Real Property Records of Jefferson County, Texas, said 0.0259 acre (1,130 square feet) of land being more particularly described as follows; COMMENCING at a 5/8" iron rod found for the North corner of that certain called 0.919 acre tract of land having been conveyed to Ann Marie Medina from Michael Wirfs and Susan Wirfs by deed dated February 8, 2007 recorded under Clerk's File No. 2007005515 of the Real Property Records of Jefferson County, Texas; THENCE, SOUTH 35°37'12" WEST along the Northwesterly line of the said 0.919 acre Medina tract and the Southeasterly line of that certain tract of land having been conveyed to Mike Taweel and wife, Eula Lee Taweel from L. O. Roedahl by deed dated January 18, 1954 recorded under Volume 921 page 513 of the Deed Records of Jefferson County, Texas for a distance of 190.54 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeasterly right-of-way line of Concord Road; THENCE, SOUTH 54°30'26" EAST, along the proposed Northeasterly right-of-way line of Concord Road for a distance of 200.42 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeasterly right-of-way line of Concord Road, said point being in the Southeasterly line of the said 0.919 acre Medina tract and in the Northwesterly line of that certain tract of land having been conveyed to Luther Gary Simmons and Elizabeth Louise Simmons from Theda M. Simmons by deed dated July 28, 2006 recorded under Clerk's File No. 2006029217 of the Real Property Records of Jefferson County, Texas; THENCE, SOUTH 54°30'26" EAST, continuing along the proposed Northeasterly right-of-way line of Concord Road for a distance of 86.22 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeasterly right-of-way line of Concord Road, and the POINT OF BEGINNING of the parcel herein described, said point being in the Southeasterly line of the said Simmons tract and in the Northwesterly line of the said Nelson et al tract; April 2009 Parcel 13 Page 2of4 EXHIBIT_ 1) THENCE, SOUTH 54°30'26" EAST continuing along the proposed Northeasterly right-of-way line of Concord Road for a distance of 113.91 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeasterly right-of-way line of Concord Road, said point being in the Southeast line of the said Nelson et al tract and in the Northwest line of that certain tract of land being identified as Tract One having been conveyed to L H & P Ltd. from Theco Ltd. by deed dated March 19, 2003 recorded under Clerk's File No. 2003010133 of the Real Property Records of Jefferson County, Texas; 2) THENCE, SOUTH 35 031'05" WEST, along Southeast line of the said Nelson et al tract and the Northwest line of said L H & P tract for a distance of 9.86 feet to a point for corner in the existing Northeast right-of-way line of Concord Road, said point being the most Southerly corner of the said Nelson et al tract and the most Westerly corner of the said L H & P tract, and from said point a 1/2" iron pipe found bears NORTH 35 031'05" EAST a distance of 0.34 feet; 3) THENCE, NORTH 54 033'44" WEST, along the existing Northeast right-of-way line of Concord Road for a distance of 113.90 feet to a point for comer, said point being the most Westerly corner of the said Nelson et al tract and said point being the most Southerly corner of the said Simmons tract, and from said point a 1/2" iron rod found in concrete bears NORTH 35 029'48" EAST a distance of 0.46 feet; 4) THENCE, NORTH 35°29'48" EAST, along the Southeasterly line of the said Simmons tract and along the Northwest line of the said Nelson et al tract for a distance of 9.97 feet to the POINT OF BEGINNING and containing 0.0259 acre (1,130 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed February 2009 k yi GIVEN UNDER MY HAND AND SEAL THIS THEZ� DAY OF APRIL 2009. A Mark W. Whiteley, RPLS #3636 4 LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED 'CITY OF BEAUM❑NT ROW MONUMENT' 0 TXDOT CONTROL MONUMENT xx PARCEL NUMBER o FND PROPERTY CORNER AS NOTED A. WILLIAMS SURVEY POWER POLE ABSTRACT NO. 385 PROPOSED ROW LINE EXISTING ROW LINE PROPERTY LINE SURVEY LINE COUNTY LINE P.O.C. PAR 13 FND 518'1. ROD LHdcP LTD. MARCH 19, 2003 CF NO. 2003010133 ti OPRJC CALLED 0.919 ACRES � y'L� �, ANN MARIE MEDINA FEBRUARY 8, 2007 �JIe `�� DONALD L NELSON997 of CF NO. 2007005515 OPRJC CF NO. 9705170 OPRJC P.0.8. PAR 13 13 CONCORD ROAD PARENT TRACT N.T.S. BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. - OF A ''3 r 1 ��°CHI LC w:` 4 EXISTING TAKING REMAINING ACRES ACRES/(S.F.) ACRES 0, 6804 PARCEL 13, 0. 6545 MARK W. WHITELEY 0. 0259/(1130) AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 13 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMON4 TEXAS 77726-5492 B(FAX)X409-892-1346 3 SCALE 1 " = 50' APRIL 2009 409-892-0421 SHEET 3 OF 4 EXHIBIT "B" (114.00') sviNN S54°30'12"E 114.00' P.O.C. PAR. 13 FND I. R OD 5/8" �B DONALD I. NELSON, et al FEBRUARY 26, 1997 CF NO. 9705170 OPRJC N - o LUTHUR GARY SIMMONS, et ux , , o CD CN 0') CALLED 0.919 ACRES JULY 28, 2006 0 o ° Ln ANN MARIE MEDINA CF NO. 2006029217 :r N v o 3: FEBRUARY 8, 2007 OPRJC N N CF NO. 2007005515 OPRJC z c/) U Ln LH & PLTD. _ 14 13 MARCH 19, 2003 W CF NO. 2003010133 P.O.B. PAR. 13 OPRJC 17 161+23.90 160+10.03 11 40,OORT 40,OORT S54'30'26"E 200.42' S54°30'26"E 6.22' S54'30'26"E 113.91 ---__—_ _ PROPOSED RIGHT OF WAY -EXISTING RIGHT OF WAY — J —N54'33'44"W 113.90' _ �N54°30'26"W 15/ 552.99 FND 1 2 1. ROD IN CONC (114.00') FND 1/2 L PI E BEARS BEARS N35'29 48"E 0.46 161 + 0 N35'31 05 E 0.34 _ PROPOSED sASEUNE—�___�____ PARCEL PLAT - -�_i i __CONCORD ROAD � SHOWING LINE BEARING DISTANCE PARCEL 13 L 1 S35°31 '05"W 9.86' CONCORD ROAD JEFFERSON COUNTY L2 N35°29'48"E 9.97' SCALE 1 " = 50' APRIL 2009 SHEET 4 OF 4 K RICH WITH OPPORTUNITY I C i[IMON*r City Council Agenda Item T • E • X • A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director PD MEETING DATE: February 15, 2011 REQUESTED ACTION: Council consider authorizing the acceptance of a Water Line Easement. RECOMMENDATION The Administration recommends acceptance of a Water Line Easement to provide water and fire protection services for French Elementary School located at 3525 Cleveland Street. BACKGROUND Beaumont Independent School District has agreed to convey a ten(10) foot wide exclusive Waterline Easement to the City of Beaumont. The Water Line Easement will provide mandatory access to the water lines and fire hydrants for the school property and would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. This Water Line Easement is recommended for approval by the City Manager, Public Works Director and Water Utilities Director. BUDGETARY IMPACT None. RESOLUTION NO. 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 A. Williams Survey, Abstract No. 385, 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 French Elementary School located at 3525 Cleveland Street; 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 15th day of February, 2011. - Mayor Becky Ames - 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 EXHIBIT "A" 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 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 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 2011. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O. Box 3827 Beaumont, TX 77704 i Fittz&Shipman INC. Consulting Engineers and Land Surveyors EXHIBIT "A", PAGE 1 OF 3 Ronald D. Fittz,P.E.,R.P.L.S.(1948-1987) Terry G.Shipman,Chairman of Board CENTERLINE DESCRIPTION Billy].Smith,Jr.,President FOR A Donald R.King,P.E. 10' WIDE EXCLUSIVE WATER LINE EASEMENT Wal Michelle Falgout,P.E. Walter J. Ksiazek,R.P.L.S. OUT OF THE A. WILLIAMS SURVEY,ABSTRACT 385 JEFFERSON COUNTY, TEXAS JANUARY 11,2011 That certain centerline description for a 10' wide exclusive water line easement, 5.0' on each side of centerline, out of the A. Williams Survey, Abstract 385, Jefferson County, Texas, and being out the BISD French Elementary School tract, Tax No. 247406-000-000200-00000-8, said centerline being more particularly described by the following courses and distances: Note: Basis of Bearing is along the north right-of-way line of Taft Street and the south line of the BISD French Elementary tract being assumed West. COMMENCING at a capped iron rod found at the intersection of the west right-of-way line of Cleveland Avenue and the north right-of-way line of Taft Street for the southeast corner of the said French Elementary School tract from which a 2 '/2" iron pipe found at the intersection of the said west right-of-way line of Cleveland Avenue and the south right-of-way line of Arthur Lane for the northeast corner of the said French Elementary tract bears North 01 059'52"West 660.81 feet; THENCE West along the said north right-of-way line of Taft Street and the south line of the said French Elementary School tract a distance of 843.29 feet to the POINT OF BEGINNING of the said centerline for a 10'wide exclusive water line easement from which a capped found for the southeast corner of Block 9 of Lynwood Terrace Addition, a plat recorded in Volume 8, Page 125 of the Map Records of Jefferson County, Texas and the southwest corner of the said French Elementary School tract bears West 44.56 feet; THENCE along the said centerline of the 10' wide water line easement with the following courses and distance: North 00 001'16"West a distance of 362.67 feet to an angle point; North 89 056'36" East a distance of 212.09 feet to an angle point and the POINT OF BEGINNING of Tap A from which the POINT OF TERMINATION of said Tap A bears North 89 056'36"West 25.19 feet; North 00 003'19" West a distance of 297.50 feet to a point in the said south right-of-way line of Arthur Lane and the north line of the said French Elementary School tract for the POINT OF TERMINATION of the said centerline of the 10' wide exclusive water line easement from which a capped iron rod found for the northeast corner of said Fiat&Shipman,Inc. Page I of 2 Project No. 09048Task22 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 2 OF 3 Block 9 and the northwest corner of French Elementary School tract bears South 89 059'51" West 256.48 feet. This Centerline Description is being submitted along with a plat of even date based on a survey performed by Fittz & Shipman, Inc. on January 5, 2011. Walter J. Ksiazek Registered Professional Land Sury or No. 5321 q••i ,,,� �r� •s _ WALTER d. KS1AZFY Fittz&Shipman,Inc. Page 2 of 2 Project No.09048Task22 Plat&Description SURVEYOR'S CERTIFICATION: F.X ff ~AM4 PAGE S OF 3 1 DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, POINT OF TERMINATION THAT THIS IS AN ACCURATE PLAT OF A SURVEY k DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION ON JANUARY 5, 2011. CENTERLINE 10' MADE EXCLUSIVE WATER LINE EASEMENT FOUND ARTHUR T ♦7 E WALTER J. KSIA2EK CAPPED raa,iri\J JC{r JJI�l\JL' FOUND 2 1/2" REGISTERED PROFESSIONAL LAND VEYOR NO. 5 1 IRON ROD N $9.559'51' E 865.07 IRON PIPE 256.48 608.59 I I ,��,�FT F fig I 5 GMT T, ,,z II CENTERLINE 10' WADE • * • III J LINE EASEMENT WALTER J. KSIAZF.! q n II E a m I �°o O w . L2 J L4 d ••. 55�.•.• O ¢z 3 I————— TAP A 3 SUivvi� w0i II BISD FRENCH ELEMENTARY a 0 m o 8 it TAX NO. 247406 000 00020 00000 8 C E-1 3 z I m Z II z II POINT OF BEGINNING m ° CENTERLINE 10' WADE m:I s so EXCLUSIVE WATER N I I LINE EASEMENT W 843.29 WEST 887,86 COMMENCING FOUND (ASSUMED BASIS OF BEARINGS) POINT CAPPED TA" STREET CAAPPPED CAPPED IRON ROD E IRON ROD u N NUMBER DIRECTION DISTANCE L1 N 00-01"16' W 362.67 L2 N 89'56'36" E 212.09 ° L3 N 00'03'19" W 297.50 i L4 N 89'56'36" E 25.19 Y N j 0 100 in 5 C A L Fittz&Shipman 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET N0. o INC. PROJSCP NAME: BISD 3 1405 CORNERSTONE COURT, BEAUMONT, TEXAS FRENCH ELEMENTARY PROJECT NO. (409)832-7238 FAX(409) 832-7303 BEAUMONT, TEXAS 09048 DATE:1-5-11 TASK 22 L RICH WITH OPPORTUNITY [I c9l[IM011* City Council Agenda Item T • E • X • A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: February 15, 2011 REQUESTED ACTION: Council consider authorizing the acceptance of a Water Line Easement. RECOMMENDATION The Administration recommends acceptance of a Water Line Easement to provide water and fire protection services for Fehl Elementary School located at 3350 Blanchette Street. BACKGROUND Beaumont Independent School District has agreed to convey a ten(10) foot wide exclusive Waterline Easement to the City of Beaumont. The Water Line Easement will provide mandatory access to the water lines and fire hydrants for the school property and would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. This Water Line Easement is recommended for approval by the City Manager, Public Works Director and Water Utilities Director. BUDGETARYIMPACT None. RESOLUTION NO. 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 David Brown League, Abstract No. 5, 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 Fehl Elementary School located at 3350 Blanchette Street; 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 15th day of February, 2011. - Mayor Becky Ames - 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 EXHIBIT "A" 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 day of 52011. 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 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 2011. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O. Box 3827 Beaumont, TX 77704 .IFittz&Shipman INC. �IyI.i EXHIBIT "A",PAGE 1 OF 2 Consulting Engineers and Land Surveyors f CENTERLINE DESCRIPTION _ Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) FOR 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. DAVID BROWN LEAGUE,ABSTRACT 5 Walter J.Ksiazek,R.P.L.S. JEFFERSON COUNTY,TEXAS JANUARY 14,2011 That certain centerline description for a 10' wide exclusive water line easement, 5.0' on each side of centerline, out of the David Brown League, Abstract 5, Jefferson County, Texas, and being out the BISD Fehl Elementary School tract comprised of tracts recorded in Volume 978, Page 615, Volume 979, Page 16, Volume 999, Page 481 of the Deed Records of Jefferson County, said centerline being more particularly described by the following courses and distances: Note: Basis of Bearing is along the west right-of-way line of 7th Street and the east line of the BISD Fehl Elementary tract being assumed South. COMMENCING at a 1" iron pipe found at the intersection of the south right-of-way line of Milam Street and the west right-of-way line of 7th Street for the northeast corner of the said Fehl Elementary School tract from which a capped iron rod found for the northwest corner of the said Fehl Elementary School tract bears North 89'42'10"West 689.21 feet; THENCE South along the said west right-of-way line of 7th Street and the east line of the said Fehl Elementary School tract a distance of 355.14 feet to the POINT OF BEGINNING of the said centerline for a 10' wide exclusive water line easement from which a '/2" iron rod found at the intersection of the said west right-of-way line of 7th Street and the north right-of-way line of Blanchette Street for the southeast corner of the said Fehl Elementary School tract bears South 413.27 feet; THENCE along the said centerline of the 10' wide water line easement as follows: South 89 042'43"West, at a distance of 333.16 feet pass the POINT OF BEGINNING of Tap A from which the POINT OF TERMINATION of said Tap A bears North 00°16'22"West 18.56 feet and continuing a total distance of 634.32 feet to an angle point; South 44 052'14"West a distance of 35.28 feet to a point in the east line of a 60' general utility easement, Ordinance No. 10-014 as recorded in Clerks File No. 2010004389 of the Official Public Records of Jefferson County, Texas for the POINT OF TERMINATION of the said centerline of the 10' wide exclusive water line easement. This Centerline Description is being submitted along with a Ca on a survey performed by Fi tz Shi man o January 5, 2011. .••-*4! alter J. Ksiaz Registered Profes nal Land rveyor No. 5321 R Fiat&Shipman,Inc.Page I of I Project No.09048Task20 Plat&Description 1405 Cornerstone Court• Beaumont,Texas 06 • (409) 832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186 SURVEYOR'S CERTIFICATION: riKMll MA~, PAGE 2 OF 2 1 DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY k DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION ON JANUARY 5, 2011. COMMENCING FOUND ��TT .'f POINT CAPPED Mll-A STREET FOUND 1" IRON ROD IRON PIPE WALTER J. KSIAZEK N 89'42'10" W 689.21 REGISTERED PROFESSIONAL LAND YOR NO. 53 ,��OF TIC 60' GENERAL UTILITY EASEMENT t. -.t'rq ORDINANCE N0. 10-014 �� TE�j�c��•�� CLERKS FILE N0. 2010004389, O.P.R.J.C. (WALI-t"� �V i 60.0 CENTERLINE J, KSIAZFI 10' WADE EXCLUSIVE ui WATER LINE EASEMENT n ��*�s�:��pQ POINT OF TERMINATION a E '� ��+ 10' WADE EXCLUSIVE - WATER LINE EASEMENT ——— =-Z ad w Lt m a d POINT OF BEgNNING o 10' WADE EXCLUSIVE NUMBER DIRECTION DISTANCE w C)i WATER LINE EASEMENT L1 S 89'42'43" W 1634.32 4J 1 L2 S 4452'14" W 135.28 (n o N L3 N 0076'22' W 18.56 1 =m BEAUMONT I.S.D. a m ° Z FEHL ELEMENTARY VOL. 978, PG. 615, D.R.J.C., o J VOL. 979, PG. 16, D.R.J.C. AND m 0 L..I VOL. 999. PG. 481, D.R.J.C. N Yaa X y W 0 BLANCHETTE STREET RONN ROD 0 N H a 0 m 0 0 N Y N Q H O 0 100 0 C A L FlttZ&shl man 10 WIDE EXCLUSIVE WATER LINE EASEMENT SHEET N0. INC. PROJECT NAME: BISD 2 °� FEHL ELEMENTARY PROJECT N0. a 1405 CORNERSTONE COURT,BEAUMONT, TEXAS BEAUMONT, TEXAS p (409)832-7238 FAX(409)832-7303 DATE'1-14-11 T090420 M RICH WITH OPPORTUNITY 11 C91[114011 City Council Agenda Item T * E • X • A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: February 15, 2011 REQUESTED ACTION: Council consider authorizing the acceptance of a Water Line Easement. RECOMMENDATION The Administration recommends acceptance of a Water Line Easement to provide water and fire protection services for Dunbar Elementary School located at 825 Jackson Street. BACKGROUND Beaumont Independent School District has agreed to convey a ten(10) foot wide exclusive Waterline Easement to the City of Beaumont. The Water Line Easement will provide mandatory access to the water lines and fire hydrants for the school property and would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. This Water Line Easement is recommended for approval by the City Manager, Public Works Director and Water Utilities Director. BUDGETARY IMPACT None. RESOLUTION NO. 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 David Brown League, Abstract No. 5, 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 Dunbar Elementary School located at 825 Jackson Street; 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 15th day of February, 2011. - Mayor Becky Ames - 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 EXHIBIT "A" 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 day of 92011. 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 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 2011. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O.Box 3827 Beaumont, TX 77704 Fittz&Shipman INC. Consulting Engineers and Land Surveyors JURM EXHIBIT "A",PAGE 1 OF 2 Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) CENTERLINE DESCRIPTION Terry G.Shipman,Chairman of Board FORA Billy J.Smith,Jr.,President Donald R.King,P.E. 10' WIDE EXCLUSIVE WATER LINE EASEMENT Michelle Falgout,P.E. OUT OF THE Walter J. Ksiazek,R.P.L.S. DAVID BROWN LEAGUE,ABSTRACT 5 JEFFERSON COUNTY, TEXAS JANUARY 7,2011 That certain centerline description for a 10' wide exclusive water line easement, 5.0' on each side of centerline, out of the David Brown League, Abstract 5, and being out the BISD Dunbar Elementary School tract, Tax No. 062200-000-001700-00000-5, said centerline being more particularly described by the following courses and distances: Note: Basis of Bearing is along the north right-of-way line of Jackson Street having been called South 89 045'00" West. COMMENCING at a '/s" iron rod found at the intersection of the west right-of-way line of Brooklyn Street and the north right-of-way line of Jackson Street for the southeast corner of the said Dunbar Elementary School tract; THENCE South 89 045'00"West along the said north right-of-way line of Jackson Street and the south line of the said Dunbar Elementary School tract a distance of 337.08 feet (called South 89 045'00" West) to the POINT OF BEGINNING of the said centerline for a 10' wide exclusive water line easement from which a 5/8" iron rod found for reference bears South 89 045'00" West 213.42 feet (called South 89 045'00"West); THENCE North 00°17'40" West along the said centerline a distance of 236.08 feet to an angle point; THENCE North 89°42'21" East continuing along the said centerline a distance of 58.30 feet to the POINT OF TERMINATION of the said centerline of the 10' wide exclusive water line easement. This Centerline Description is being submitted along with a plat of even date based on a survey performed by Fittz & Shipman, Inc. on January 5, 2011. C%►/ G�� OF T p X Walter J. Ksiazek �;� Registered Professional and Surveyo No. 5321 • in WALTER J. KSIAZFI opal Fittz&Shipman,Inc. •••! ••*• Page 1 of 1 '�Ar AID Project Project No. 09048Task21 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 SURVEYOR'S CERTIFICATION: EXHIBIT W, PAGE 2 OF 2 1 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 ON JANUARY 5, 2011. -"al (Ai�� WALTER J. KSIAZEK BEAUMONT I.S.D.DUNBAR ELEMENTARY REGISTERED PROFESSIONAL LA SURVEYO N . 5321 TAX NO. 062200-000-001700-00000-5 �*.O F Tg N 89.58.30' E rr' M//►L1'ER J. K8IAZEK � I sss+ �,• Rill C • A CENTERLINE 10' O �' "ASS .•� `VII WIDE EXCLUSIVE iA 3 I WATER UNE S�ryJ1 EASEMENT r11 $II E z III POINT OF o I I BEGINNING II m 213.42 337.08 S 89.33'11" W 181.0 NCI 9 S 89.45'00' W 550.50 FOUND 1/2" (CALLED S 89'45'00" W) FOUND 5/8" (CALLED S 89'45'00" W) COMMENG Co POINT IRON ROD IRON ROD (BASIS OF BEARINGS) FOUND 1/2" IRON ROD X E JACKSON STREET W a 0 0 n Y N j 0 50 100 oo A Fittz&Shipman SHEET N0. 10 WIDE EXCLUSIVE WATER LINE EASEMENT INC. PROJ= NAME: BISD 2 &°"e)D/ DUNBAR ELEMENTARY PROJECT NO. 1405 CORNERSTONE COURT,BEAUMONT, TEXAS BEAUMONT, TEXAS p (409)632-7238 FAX (409)832-7303 DATE:1-5-11 TASK 21 N RICH WITH OPPORTUNITY BEA,UMON* 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: February 15, 2011 REQUESTED ACTION: Council consider the correction of Resolution 11-046. RECOMMENDATION The Administration recommends the correction of Resolution 11-046, awarding a contract for water treatment chemicals to Ashland, Inc., of Wilmington, Delaware. BACKGROUND The agenda information presented to Council on February 1, 2011, incorrectly represented the contract as a six(6)month contract for purchase of wastewater treatment polymer. The bid specifications stated that the bid was to be awarded for a one(1)year contract. All pricing and quantities provided on Resolution 11-046 reflected the estimated usage for a yearly contract. It is requested that Council amend Resolution 11-046 to correct the term of the contract to reflect one(1)year. All other provisions of the bid and contract remain unchanged. Total estimated annual cost remains $61,500. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS, Resolution No. 11-046, dated February 1, 2011, awarded a six (6) month contract to Ashland, Inc., of Wilmington, Delaware,for the purchase of wastewater treatment Polymer for use by the Water Reclamation Division; and, WHEREAS, agenda information provided to the City Council incorrectly represented the contract as a six (6) month contract; and, WHEREAS, the bid specifications stated that the bid was to be awarded for a one (1) year contract; 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 Resolution No. 11-046 be amended to correct the term of the contract to reflect one (1) year. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of February, 2011. - Mayor Becky Ames - RIGS WITH OFFO>RTUNITT BEAUMON* REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 15,2011 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition: Recognize the 911 Operation Center's Employee of the Year * Public Comment: Persons may speak on scheduled agenda item 1/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a contract for the reconstruction of the walking trails at Babe Zaharias Park 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: Texas Department of Transportation-Aviation Division(Airport Project Participation Agreement) Claim of Frederick Ogbutor Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 February 15,2011 Consider approving a contract for the reconstruction of the walking trails at Babe Zaharias Park RICH WITH OPPORTUNITY [1EA,U140N* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director PO MEETING DATE: February 15, 2011 REQUESTED ACTION: Council consider the award of a bid for Reconstruction of Babe Zaharias Park Walking Trail. RECOMMENDATION Administration recommends the award of a bid to Racehorse Foundation, Inc. of Lumberton, Texas in the amount of$157,692.50. BACKGROUND Bids were received on Thursday, January 27, 2011 for furnishing all labor, materials, equipment and supplies to reconstruct the walking trails at Babe Zaharias Park located at IH-10 and Gulf Street. The current asphalt walking path is approximately 6,030 linear feet, or approximately 1.14 miles. The asphalt has deteriorated beyond repair and will be removed and replaced with a five (5) ft. wide concrete walking path. Fourteen(14) bids were received as follow: CONTRACTOR LOCATION AMOUNT BID CALENDAR DAYS Racehorse Foundation, Inc. Lumberton $157,692.50 45 H.B.Neild& Sons Beaumont $163,049.01 90 Ranger Construction Galena Park $171,840.00 85 Bruce's General Construction Beaumont $178,413.48 75 Brystar Contracting Beaumont $190,900.00 150 Brammer Construction Nederland $197,530.00 120 L&L General Contractors Beaumont $201,900.00 100 Simco Enterprises Groves $206,150.00 120 70 Allco Beaumont $209,000.00 Reconstruction of Babe Zaharias Walking Trail February 15, 2011 Page 2 Norman Highway Orange $220,900.00 180 Landscape Art, Inc. League City $256,200.61 120 APAC Beaumont $261,880.00 100 Lazer Construction Houston *$188,745.00 60 *partial bid Work is expected to commence in February and be completed in approximately forty-five (45) days. There is no MBE participation on this project. BUDGETARY IMPACT Funds for this project are budgeted in the Capital Program. RESOLUTION NO. WHEREAS, bids were solicited for all labor, materials, equipment and supplies necessary to reconstruct the walking trails at Babe Zaharias Park located at IH-10 and Gulf Street; and, WHEREAS, Racehorse Foundation, Inc., of Lumberton, Texas, submitted a bid in the amount of$157,692.50; and, WHEREAS, City Council is of the opinion that the bid submitted by Racehorse Foundation, Inc. should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Racehorse Foundation, Inc., of Lumberton, Texas, in the amount of $157,692.50 for all labor, materials, equipment and supplies necessary to reconstruct the walking trails at Babe Zaharias Park located at IH-10 and Gulf Street, be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of February, 2011. - Mayor Becky Ames -