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HomeMy WebLinkAboutRES 11-067 RESOLUTION NO.11-067 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. dw f / Mayor Becky Ames - i i 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 N01100 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 acid 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'r0: City of Beaumont Antoinette Hard -Di ineerin 7 Y g b P. O.Box 3827 Beaumont,'rX 77704 IFlitz&Shipman INC. EXHIBIT "A",PAGE 1 OF 2 Cowulting Engineers and Land Suw0101s 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,Donald President d 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 89 042'10"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°42'43"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 00 016'22"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 plat of on a survey performed by Fi tz Shi man . on January 5, 2011. Y.4 s � • Walter J. Ksiaz ° Registered Profes nal Land rveyor No. 5321 Wa�TEF► J. KS1P►ZFK 60ti �. Ritz&Shipman,Inc. `+h9 �f Page 1 of I e ��$'.$iY�:e,,�{4 Project No.09048Task20 N 0140`. 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 Finn No. 100186 ill SURVEYOR'S CERTIFICATION: JJXWii "A". 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 de DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION ON JANUARY S, 2011. COMMENCING FOUND ' POINT CAPPED )AIIIC'i� G�' T.T FOUND 1' IRON ROD x,71 f�iJl/1 IRON PIPE WALTER J.KSIAZEK N 8942'10" W 689.21 REGSTERED PROFESSIONAL LANG EgYOR N0, 53 OF T�s 60' GENERAL UTILITY EASEMENT • 'rq ORDINANCE NO. 10-014 ro Cs T� S. CLERKS FILE NO. 2010004389, O.P.R.J.C. • L * O * 60.0 CENTERLINE WALMA J. KSiAZE+ 10' WIDE EXCLUSIVE ul WATER LINE EASEMENT n !� •t.8.spQ POINT OF TERMINATION o. '�Ib 8tiy 10' WIDE EXCLUSIVE F' 333_1& WATER LINE EASEMENT — � v L7 �< rn a. POINT OF BEGINNING o a. c 10' WIDE EXCLUSIVE a. NUMBER DIRECTION I DISTANCE w o s WATER LINE EASEMENT L7 S 89'4243" W 634.32 Of L2 S 4452'14' W 135.28 N cYT N L3 N 00'16'22' W 18,56 =002 m E IT DD a BEAUMONT I.S.D. _o z FEHL ELEMENTARY > VOL. 975,PG.615, D.R.J.C., c J VOL.979, PG. 16, D.R.J.C. AND Lu VOL. 999,PG. 481, D.R.J.C. m n v LI BLANCEIETTE STREET FOUND 4* IRON ROD d 0 a 0 Y h t a 0 100 00 Fittz&Shlpman 10• WIDE EXCLUSIVE WATER LINE EASEMENT 5rIEET kO. INC. PROJECT NAME. BISD 2 C-Lnd*qpAmkfmz2 swvjm FEHL ELEMENTARY PROJECT NO. j 1405 CORNERSTONE COURT,BEAUMONT, TEXAS BEAUMONT TEXAS o (409)932-7238 FAX(409)832-7303 ' ATE;1-14-11 TASK 090420 EAS 2011011357 6 PGS FEHL EXHIBIT"F" Page 5 of 7 STATE OF TEXAS X KNOW',kLL IViEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMIi,NT THAT, BEAUMONT INDEPENDENT SCHO(')L DISTRICT, of the County of Jefferson, State of Texas, hereinafter called "GRANTOI-C",, whether one or more, for and in consideration of the sum of ONE AND N01100 DOLLAR.($1.00), and other good and valuable consideration to it in hand paid by the CITY OF BE.J UMONT, 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, SELF 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. 1 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 "F" will not interfere with or damage the water line. Grantor shall have the right to pavfPa#"4*7 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 17th day of March ,2011. BEAUMONT INDEPENDENT SC OOL DISTRICT By Dr.Carrol Thomas, Superintendent ' o EXHIBIT 7" Page 7 of 7 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 17th day March of 2011. --� LANA fHOMPSON Notary Public,State of Texas My commission Expires February 24,tot 3 Notary Public, Mate of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P.O.Box 3827 Beaumont,TX 77704 Fittz&Shipman INC. EXHIBIT "A",PAGE 1 OF 2 Consulting Engineers and Land Surveyors IF• CENTERLINE DESCRIPTION Ronald D. Fittz,P.E., R.P.L.S.(1948-1987) FORA 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).Ksiazek,R.P.L.S. JEFFERSON COUNTY,TEXAS JANUARY 149 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 89 042'10"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 00 016'22°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 plat of eve, 'date based on a survey performed by FJanuary 5, 2011. OF TZ � � '4.P cv��C7 a••Land rveyor No. 5321 * • F3 S. KSIA7 i Fittz&Shipman,Inc. VJALTE Page 1 of 1 •• .'�. Project No.09048Task20 �4*%Op VS • r Plat&Description 1405 Cornerstone Court• Beaumo St796 a(409)832-7238 •fax (409)832-7303 Tx Board of Prof Engineers Firm No. 1160• oard of Prof Land Surveyors Firm No.100186 SURVEYOR'S CERTIFICATION: KKM1f "A PAGE 2 OF 2 I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION ON JANUARY 5, 2011. COMMENCING FOUND POINT CAPPED MHLAM STREET FOUND 1" "6�� ' IRON ROD IRON PIPE N 89'42'10" W 689.21 WALTER J. KSIAZEK REGISTERED PROFESSIONAL LAN URVEYOR NO. 321 0 T�r�, '%�•� 2of. '9s, 60' GENERAL UTILITY EASEMENT b •�(p k' w ORDINANCE NO. 10-014 * �Q. • {CLERKS FILE NO. 2010004389, O.P.R.J.C. * s �($IIAZF 60.0 I CENTERLINE WALTER J. 10' WIDE EXCLUSIVE ti 51 WATER LINE EASEMENT to !•�•�$8 ��©4 Q Z F POINT OF TERMINATION a -? 10' WIDE EXCLUSIVE r7I�- o6 m W WATER LINE EASEMENT — — — — — — 333.16 — — 0 v L1 Ld a POINT OF BEGINNING m a 10' WIDE EXCLUSIVE N H NUMBER DIRECTION DISTANCE w 0 :i WATER LINE EASEMENT cn L1 S 89.42'43" W 634.32 uj Y N L2 S 4452'14" W 35.28 0 M L3 N 00'16'22" W 18.56 m E ; BEAUMONT I.S.D. o z J FEHL ELEMENTARY M ;