HomeMy WebLinkAboutRES 11-068 RESOLUTION NO.11-068
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. ����•���
��Q�ONT\1,111
� � � 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 properly. 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 3 827
Beaumont, TX 77704
Fittz&Shipman
INC.
Consulting Engineers and Land Staveyors
r EXHIBIT "A",PAGE I OF 2 Ronald D.r-ittz,P.E.,R.P.L.S,(1948-1987)
CENTERLINE DESCRIPTION Terry G.Shipman,chairman of Board
Billy J.Smith,Jr.,President
FOR A Donald R.King,P.E.
10' WIDE EXCLUSIVE WATER LINE EASEMENT Michelle Falgout,P.E.
OUT OF THE Walter 1.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°45'00"West.
COMMENCING at a '/z" 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°45'00" 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.
0 IF TT
Walter J. Ksiazek *d°.�•t����c� •a�'`
Registered Professional and Surveyo No. 5321 + •
1NALTER J. KSIAZFI'
Fittz&Sliipman,Inc. •. 58� .t4
Page 1 of 1 7N 8{lh��Lf
Project No.09048Task21
Plat&Description 1405 Cornerstone Court• Beaumont,Texas 77706 (409)832-7238-fax (409)832-7303
Tx hoard of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186
SURVEYOR'S CERTsFICATION: EXHIBIT "A". PAGE 2 OF 2
1 00 HEREBY CERTIFY. TO THE BEST OF MY KNOY&EDCE AND BEUEF,
THAT THIS IS AN ACCURATE PLAY OF A SURVEY k DESCRIPTION MADE
ON THE GROUND UNDER MY SUPERVISION ON JANUARY 5, 2011,
BEAUMONT I.S.D.
WALTER J.Ks1AZEK DUNBAR ELEMENTARY F
REGISTERED PROFESSIONAL LA' SURVEYO N 5321 TAX NO.062200-000-001700-00000-5 E-4
W
(�
Of'r N 8958.30" E
y/ALTER.1. KSl112E�C � � I
saz* !11 O
N I CENTERLINE 10' a
;ASS�.• i=J WIDE EXCLUSIVE
�7H g�Rv � WATER LINE
r g I EASEMENT
1" E
z ICJ POINT OF
t BEGINNING
m
S 213.42 337.08
S 8933'11" W 181.09 S 89'45'00" W 550.50 COMMENCING m
Founo 1/2" (CALLED S 89'45'00' W) FOUND 5/8' (CALLED S 89.45'DO- IN POINT
IRON ROD IRON R� {8A51S OF BEARINGS) FOUND 1/27
IRON ROD x
F
JACKSON STREET LLi
a
0 50 100
m
SHEET NO.
S A L E "iShipman 10' WIDE EXCLUSIVE WATER LINE EASEMENT 2
INC. PBCM= NA1fE: BISD
1405 CORNERSTONE COURT,BEAUMONT, TEXAS DUNBAR ELEMENTARY PROJECT NO.BEAUMONT, TEXAS 09048
(409)832-7238 FAX(409)832-7303
DATE:1-5-11 TASK 21
1111.111111 III'll ll l 1111111111 VIII I III IIII ERS 2011011355
5 PGs
DUNBAR EXHIBIT "F"
Page 5 of 7
STATE OF TEXAS X
KNOI«h7 ALL.IviEN IBY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASETVIE;NT
THAT, BEAUMONT INDEPENDENT SCHC►01, D]fSTRI1 :T„ of the County of
Jefferson, State of Texas, hereinafter called "GRANTCiR", whether pane 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 15R.ANTED, 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 :mainWn 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 1have the right to relocate
the water line as needed for Grantor's use of the property providiA 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 pavF9Yao6W
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
r. CarroYMomas, Superintendent
EXHIBIT"F"
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.
Irs.,�.
d%y LANA THOMPSON �
5,7 Notary Pub lic,state of texas Notary Public, S e of Texas
�.,s My Commission Expires
February 24,2013
RETURN TO:
City of Beaumont
Antoinette Hardy-Engineering
P.O.Box 3827
Beaumont,TX 77704
Fittz&Shipman
INC.
Consulting Engineers and Land Surveyors
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
Billy J.Smith,Jr., President
FOR A Donald R.King,P.E.
10' WIDE EXCLUSIVE WATER LINE EASEMENT Michelle Falgout,P.E.
b 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 '/2" 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°45'00"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°45'00"West) to the POINT OF BEGINNING of the said centerline for a
10' wide exclusive water line easement from which a 518" iron rod found for reference
bears South 89 045'00" West 213.42 feet (called South 89°45'00"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.
r. O r',AIN
Walter J. Ksiazek F �;e
Registered Professio I Land Surveyor No. 5321
In WADER J. KSIA2s
• Sal
Ritz&Shipman,Inc. !,�••. sg�c`
Page 1 of I N �{;�,
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 *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 & DESCRIPTION MADE
ON THE GROUND UNDER MY SUPERVISION ON JANUARY 5, 2011.
44.mb BEAUMONT I.S.D.
WALTER J. KEK
REGISTERED PROFES SIONA DUNBAR ELEMENTARY
TAX NO. 062200-000-001700-00000-5 H
W W
IZ N 89'42'21" E �
r 58.30
trial O F TF4-fG�'��FGt•s� ch
• of
M °
WALTER J. KSIAZ� CENTERLINE 10' °
C-4
I WIDE EXCLUSIVE
• CS5t�%�F WATER UNE
X7,5, •.. .•{pQ EASEMENT
ooll
Z I II POINT OF
a BEGINNING
a � I
N 213.42 337.08
C6 S 89'33'11" W 181.09 S 89'45'00" W 550.50
FOUND 1/2" (CALLED S 89'45'00" W) FOUND 5/8" (CALLED S 89'4500" W ) CO PANTING
IRON ROD IRON ROD (BASIS OF BEARINGS) FOUND 1/2"
IRON ROD
m
JACKSON STREET
3
N
O
O
m
O
N
Y
i 0 50 100
co
a
N s C A L E Fittz&Shipman 10 WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO.
INC. PROJECT NAME: BISD 2
con=ta ig EWwm md Land SwveyOIS
_ DUNBAR ELEMENTARY PROJECT NO.
�7 1(4 9) 832-7238 COURT,FAX (409) 832-73035 BEAUMONT, TEXAS 09048
DATE: 1-5-11 TASK 21