HomeMy WebLinkAboutRES 11-164 RESOLUTION NO. 11-164
WHEREAS, Beaumont Independent School District has offered to convey a ten
foot (10')wide exclusive water line easement, said easement being out of the James W.
Bullock Survey, Abstract No. 7, as described in Exhibit "A" and shown on Exhibit "B"
attached hereto, to the City of Beaumont for the purpose of providing mandatory water
and fire protection services for Ozen High School located at 3443 Fannett Road; 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 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 7th day of June,
2011.
- LkPor Becky Ames -
� � t
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 Iine 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 12011.
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
EXHIBIT"A", PAGE 1 OF 2
Ronald D.Fim,P.E.,R.P.L.S.(1948-1987)
-- CENTERLINE DESCRIPTION Terry G.Shipman,Chairman of Board
OF A Billy J.Smith,Jr.,President
Donald R. King,P.E.
l.0' WIDE WATER LINE EASEMENT Mi6elle Falgout,P.E.
OUT OF THE Walter J.Ksiazek,R.P.L.S.
J. W. BULLOCK SURVEY,ABSTRACT 7
JEFFERSON COUNTY,TEXAS
MAY 23, 2011
That certain centerline description for a 10'wide water line easement, out of the J. W. Bullock Survey, Abstract
7, Jefferson County, Texas, and being out of a called 27.53 acre tract conveyed to Beaumont Independent
School District as recorded in Clerks File No. 9739998 of the Official Public Records of Jefferson County,
Texas, said centerline description being more particularly described by the courses and distances as follows:
Note: Assumed Basis of Bearings is the north line of Block 3 of Dixie Gardens Addition, a plat recorded in
Volume 7, Page 49 of the Map Records of Jefferson County, Texas being East.
COMMENCING at a Y2" iron rod found for the northwest corner of Lot 3, Block 3 of said Dixie Gardens Addition
conveyed to Paul James Duriso and wife, May Frances Duriso as recorded in Volume 1910, Page 333 of the
Deed Records of Jefferson County, Texas and the northeast comer of the said 27.53 acre tract from which a
%x" iron rod found in the west right-of-way line of 5th Street for the northeast corner of Lot 1 of said Block 3
conveyed to Ella Mae Mitchell as recorded in Clerks File No. 9462996 of the Official Public Records of
Jefferson County, Texas bears East 150.27 feet (called 150.00 feet);
THENCE South along the east line of the said 27.53 acre tract a distance of 191.83 feet to a point for the
POINT OF BEGINNING of the said centerline description;
THENCE along the said centerline of a 10'wide water line easement with the following courses and distances;
South 86°41'20"West a distance of 10.63 feet to an angle point;
North 07°39'01"West a distance of 11.34 feet to an angle point;
North 38°20'05"West, at a distance of 25.81 feet pass a point for the POINT OF BEGINNING of Tap A
from which the POINT OF TERMINATION of Tap A bears South 51039'55"West 10.00 feet, and continuing a
total distance of 171.47 feet to an angle point;
South 51051'18"West a distance of 44.25 feet to an angle point;
North 80 020'03"West a distance of 10.47 feet to an angle point;
South 52°06'38"West a distance of 303.15 feet to a point in the easterly line of a 10'wide Fire Water
Loop Easement granted to City of Beaumont as recorded in Clerks File No. 2002027212 of the Official Public
Records of Jefferson County, Texas for the POINT OF TERMINATION of the said 10'wide water line
easement.
This description is based on a survey and plat made by Fib! wring May 2011.
* o *1
Walter J. tiaNze 1MALTER J. K81AZlf~K
Registered Profess nal Land S rveyor No. 5321 --
FITTZ&SHIPAIAN,INC. °.;PC
Project No.09048Tsk18Entergyesmt
Plat&Description
1405 Cornerstone Court• Beau ,Tnes 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 2
BEAUMONT INDEPENDENT
SCHOOL DISTRICT
COMMENCING TAX ¢016700-000-001000-00000-6 o Z
POINT Z 04 0
ro
FOUND 1/2' (ASSUMED BASIS OF BEARINGS) w Iq
IRON ROD (CALLED 150.00) n m
EAST 150.27 O
's z
NUMBER DIRECTION DISTANCE rN $Y rwd FWNO f/2' N LLJ
L7 S 86'41'20' W 10.63 - a t _
L2 N 07 39'01" W 11.34 c�� � �� ° tRa�R00 LJ t
ff=� ° V)
BEAUMON7 INDEPENDENT DISTRICT / ^ g g W LJ ,
L3 S 5139 55" W 10.00 / 1,,w 9 W^ # a
SCHOOL QISTRICT
L4 N 38'20 05 W 171.47 CLERKS FILE NO.9739998, O.P.R.J.C.
L5 S 51'51'18- W 44.25 (CALLED 27.53 ACRES) �i / \ lip, ou =W W' LtJ
L6 N 80'20 d3 W 14.47 / \ '� =a < z�� �� in z
L7 S 52'06'38 W 303.15 6 \
B L O C K 3 O E W aX
/ / \ DIXIE GARDENS N to Li ><
V 7,PG 48. N, .J.C. z
/ \ \ LOT 3 LOT 2 LOT 1 W
/ / \ FOUND 1/2' (CALLED 50.00) FOUND 1/2' W~
TAP IRON ROD N 89'o;'• W IRON ROD LL1 W Q
/ / \ 3 0
POINT OF //// CENTERUNE P.O.T. \ GLENWOOD STREET w<
TERMINATION / / 10' MADE TAP A iV w
CENTERLINE WATER LINE �n 0 m O co
WATER LINE
//i/ EASEMENT 25.81 1 '-
EASEMENT / / tr`'L LL
L1 ? x
POINT OF
BEAUMONT INDEPENDENT CENTERLINE Z m
SCHOOL DISTRICT �-
-,h, / CLERKS FILE N0. 9739998. O.P.R.J.C. 10' WIDE LJ 0.
10. s�� 9 (CALLED 27.53 ACRES) WATER LINE m
EASEMENT =v _
.P yG\ Z
Pc 0
% nn r W
!� SURVEYOR'S CERTIFICATION:
'?`'?n� \ I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, ����� ��)"f �j v
THAT THIS IS AN ACCURATE PLAT OF A SURVEY k DESCRIPTION MADE ��:(�G iC•.C'�4 a a
�. ON THE GROUND UNDER UY SUPERVISION DURING MAY 2011. ,R -`F' �V'� • 8` o-.
WALTER J. KSIAZFK D 30 60
WALTER.L KSIAZEK 1 *I MRIAMMLOE
� ",cam.
REGISTERED PROFESSION LAND SURVE NO. $327
r <$
EAS 2011025359
Ia PGS
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT,BEAUMONT INDEPENDENT SCHOOL DISTRICT,of the County of
Jefferson, State of Texas,hereinafter called"GRANTOR",whether one or more,for and in
consideration of the sum of ONE AND NO 1100 DOLLAR($1.00),and other good and valuable
consideration to it in hand paid by the CITY OF BEAUMONT,a municipal corporation
domiciled in Jefferson County,Texas,hereinafter called "GRANTEE",the receipt and
sufficiency of which consideration is hereby acknowledged,has GRANTED,SOLD and
CONVEYED,and by these presents does GRANT, SELL and CONVEY unto the CITY OF
BEAUMONT,P. O.Box 3827,Beaumont,Texas 77704,Jefferson County,Texas,its
successors and assigns,an easement to use,repair,alter,and maintain a single underground
water line and appurtenances on the hereinafter described lands which said easement is under,
over,in and across that certain tract or parcel of land owned by GRANTOR situated in the
County of Jefferson,State of Texas,and being more particularly described in Exhibit"A",
attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate
the water line as needed for Grantor's use of the property provided the relocation is at Grantor's
expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled
representative.
The easement herein granted shall be used for the purpose of operating,repairing,
rebuilding,replacing,relocating, and removing a water line as needed for operation of Grantor's
facilities on the property. The easement shall be exclusive insofar as use of the easement land for
underground utilities is concerned,but Grantor reserves the right to use the surface of the
easement land for vehicular parking,driveways,landscaping,fencing,and other surface uses that
will not interfere with or damage the water line. Grantor shall have the right to pave all or any
portion of the surface of the easement land,but no permanent structures or buildings will be
constructed on the easement land. Grantor will install the water line at a depth that will not be
damaged by the contemplated use of the surface by Grantor.
It is expressly understood and agreed that the City of Beaumont shall have the right of
access to the water line and appurtenances at all reasonable times to improve,maintain and
operate the same as permitted by law,and will attempt to use existing driveways and that portion
of Grantor's property that is immediately adjacent to the water line.Non-emergency
maintenance and repairs will be with 48 hours prior notice to Grantor.
Grantor will be responsible for the initial installation or construction of the water line on
Grantor's property in accordance with the plans and specifications included in the utility plan at
Grantor's expense. After initial construction of the water line and acceptance by Grantee,
Grantee will be responsible for maintenance and repair of the water line and appurtenances at
Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the
water line that will interfere with the use of the Easement for water line purposes.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures that may be damaged by Grantee's non-negligent maintenance or repair of the water
line and appurtenances.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT,its successors and assigns forever.
EXECUTED this day of ,2011.
BEAUMONT INDEPENDENT SCHOOL DISTRICT
By —ia, �n —a>
Dr. Carrot 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. Q
GIVEN UNDER MY. HAND AND SEAL OF OFFICE, this �0 day-�
of 2011.
Notary Public, StIte of Texas
RETURN TO: — --
„ a,, LA:NA THOMPSON
City of Beaumont Notary Public.state of Texas
Antoinette Hardy-Engineering My Commission Expires
P.O.Box 3827 %Y1 February 24,2013
Beaumont,TX 77704
Fittz&Shlpman
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
OF A Billy J.Smith,Jr.,President
10' WIDE WATER LINE EASEMENT F Donald out,P.E.
Michelle algout,P.E.
OUT OF THE waiter J.Ksiazek,RP.L.S.
J. W.BULLOCK SURVEY,ABSTRACT 7
JEFFERSON COUNTY,TEXAS
MAY 23,2011
That certain centerline description for a 10'wide water line easement, out of the J.W. Bullock Survey, Abstract
7, Jefferson County, Texas, and being out of a called 27.53 acre tract conveyed to Beaumont Independent
School District as recorded in Clerks File No. 9739998 of the Official Public Records of Jefferson County,
Texas, said centerline description being more particularly described by the courses and distances as follows:
Note: Assumed Basis of Bearings is the north line of Block 3 of Dixie Gardens Addition, a plat recorded in
Volume 7, Page 49 of the Map Records of Jefferson County, Texas being East.
COMMENCING at a W iron rod found for the northwest corner of Lot 3, Block 3 of said Dixie Gardens Addition
conveyed to Paul James Duriso and wife, May Frances Duriso as recorded in Volume 1910, Page 333 of the
Deed Records of Jefferson County, Texas and the northeast corner of the said 27.53 acre tract from which a
W iron rod found in the west right-of-way line of 5t' Street for the northeast comer of Lot 1 of said Block 3
conveyed to Ella Mae Mitchell as recorded in Clerks File No. 9462996 of the Official Public Records of
Jefferson County, Texas bears East 150.27 feet (called 150.00 feet);
THENCE South along the east line of the said 27.53 acre tract a distance of 191.83 feet to a point for the
POINT OF BEGINNING of the said centerline description;
THENCE along the said centerline of a 10'wide water line easement with the following courses and distances;
South 86°41'20"West a distance of 10.63 feet to an angle point;
North 07°39'01"West a distance of 11.34 feet to an angle point;
North 38 020'05"West, at a distance of 25.81 feet pass a point for the POINT OF BEGINNING of Tap A
from which the POINT OF TERMINATION of Tap A bears South 51°39'55"West 10.00 feet, and continuing a
total distance of 171.47 feet to an angle point;
South 51°51'18"West a distance of 44.25 feet to an angle point;
North 80 020'03"West a distance of 10.47 feet to an angle point;
South 52°06'38"West a distance of 303.15 feet to a point in the easterly line of a 10'wide Fire Water
Loop Easement granted to City of Beaumont as recorded in Clerks File No. 2002027212 of the Official Public
Records of Jefferson County, Texas for the POINT OF TERMINATION of the said 10'wide water line
easement.
This/description is ased on a survey and plat made by Fittz& Shipman, Inc. during May 2011.
G1/ 96K cti O rF
Waltes i Registered Profess' al Land rveyor No. 5321 2!t
a�T ���
FITTZ&SHIPMAN,INC. NtA1TER J.
Project No.09048Tsk18Entergyesmt C
am
Plat&Description
1405 Cornerstone Court- Bea ;"�`f' (409)832-7238 -fax(409) 832-7303
Tx Board of Prof Engineers Firm Prof Land Surveyors Firm No. 100186
EXHIBIT "A", PAGE 2 OF 2
BEAUMONT INDEPENDENT
SCHOOL DISTRICT
COMMENCING TAX #016700-000-001000-00000-6 i Z N
POINT
N L) 00
FOUND 1/2" (ASSUMED BASIS OF BEARINGS) W o O
IRON ROD (CALLED 150.00) N a O
EAST 150.27
a
x, i
NUMBER DIRECTION DISTANCE r o y r W W a FOUND 1/2" w
Ll S 86'41'20" W 10.63 0: �� z " W v>R IRON ROD W
W� gg (� #
L2 N 0739 01" W 11'34 BEAUMONT INDEPENDENT y'`y 3 14 to
L3 S 51'39'55 W 10.00 SCHOOL DISTRICT /^ �� 20 a 90 �� �o W
L4 N 3870'050 VII 171,47 CLERKS FILE NO. 9739998, O.P.R.J.C. Mi
LS S 51'51 1 W 44.25 (CALLED 27.53 ACRES) /h \ A � 3 o 0 9 °z W� W a W
L6 N 80'20 03 W 10.47 //�/ �' \ T9l M z°a Z 0„ o>o Z
L7 S 52'06 38 W` 303.15 / / L6 \ \ °^°. �
/ / \ ca B
DIXIE GARDENS 1A Q X
7, PG. 49, M. .J.C. N Z F-
/ \ \ LOT 3 LOT 2 LOT 1 W
/ / \ FOUND 1/2" (CALLED 50.00) m H
\ \ P.O.B IRON ROD N 89 151" W IRON ROD 2' W —j 0
\\\ TAP A 50.13 p w 0
POINT OF / / CENTERLINE P.Q.T. \ GLENWOOD STREET N N w
TERMiNATiON //// 10' WIDE TAP A
CENTERLINE / / �'1 WATER UNE O mom
10' WIDE /� / EASEMENT 25.81 .— '
WATER LINE / / rl w
EASEMENT //// n' U Z
POINT OF
BEAUMONT INDEPENDENT BEGINNING Z
F \ // SCHOOL DISTRICT 10' WE E W
�P ��jL / CLERKS FILE NO. 9739998, O.P.R.J.C.
(CALLED 27.53 ACRES) W E
EASEMENT
9 A a r1
't�` x
q; p`.W&;\
I
$��p\ SURVEYOR'S CERTIFICATION: z
p �
o��� \ I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, '� QF T
?�F` THAT THIS IS AN ACCURATE PLAT OF A SURVEY do DESCRIPTION MADE ! '„ m
'yj, ON THE GROUND UNDER MY SUPERVISION DURING MAY 2011. x
0 30 60 8
/�� M .TEA J• ��a11? K W
WALTER J. KSIAZEK �►0
REGISTERED PROFESSIONAL D SURVEYOR N
-er
5321
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