HomeMy WebLinkAboutRES 11-192 RESOLUTION NO. 11-192
WHEREAS, an agreement has been negotiated for the conveyance of a ten foot
(10')aerial easement to Entergy, Texas, said easement being a portion of land out of Lot
5, Block 1,Calder Highlands Addition,as described in Exhibit"A"and shown on Exhibit"B"
attached hereto, for the purpose of maintenance and upgrading of existing Entergy power
lines for the Calder Avenue Drainage and Pavement Improvement Project, Phase III; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the authorization 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
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all things, approved and adopted; and
THAT the conveyance of an aerial easement as described in Exhibit"A"and shown
on Exhibit "B," be and the same is hereby, in all things, accepted; and
THAT the City Manager be and he is hereby authorized to convey the aerial
easement as described in attached Exhibits "A" and "B" to Entergy, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of July,
2011.
-&y r Becky Ames -
i
STATE OF TEXAS
COUNTY OF(COUNTY NAME)
RIGHT-OF-WAY INSTRUMENT-ENTERGY TEXAS,INC.
KNOW ALL MEN BY THESE PRESENTS THAT:City of Beaumont,Grantor,acting individually,and
for,and on behalf of, my/our heirs,successors,assigns and any other person claiming the ownership to the property
hereinafter described, collectively"Grantor", for and in consideration of One Dollar, in hand paid, and other good
and valuable consideration the receipt and sufficient of which is hereby acknowledged, does hereby grant,assign,
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convey unto and warrant and defend Entergy Texas, Inc. (formerly known as Entergy Gulf States, Inc.), and its
successors and assigns,collectively"Grantee", a right-of-way,servitude and easement 10 (ten)feet in width for the
aerial location, construction reconstruction improvements, airs. +! tion, inspection, patrol, replacement
and
maintenance of electric power and communication facilities,or the removal thereof,now or in the future,including,
limited to insulators,wires,cables,conduits,hardware,transformers,switches,and other such equipment,structures,
material and appurtenances,now or hereafter used,useful or desired in connection therewith by Grantee over,across,
or on that land of Grantor in the County of Jefferson,State of Texas described as follows,to-wit:
Being a portion of that curtain City of Beaumont Lot 5 Block l Calder Highlands Addition to the City of Beaumont,
Texas,and Map or Plat being recorded in Vol.4 Pg. 155 of the Map or Plat Records of Jefferson County,Texas,and
Deed being recorded in Film Code 00104440371 of the Clerk's File of Jefferson County,Texas. See Exhibits A
and C.
It is expressly understood that the grant of this right-of-way is limited to an aerial grant. However, for purposes of
construction, reconstruction, improvements, repairs, operation, inspection, patrol, replacement, maintenance and
removal of the electric power and communication facilities,Grantee shall have the right to enter upon and to cross
Grantor's property.
Grantee shall have the full and continuing right to clear and keep clear vegetation within or growing into said right-
of-way and the further right to remove or modify from time to time trees, limbs,and/or vegetation outside the said
right of way which the Grantee considers a hazard to any of its electric power or communications facilities or a
hazard to the rendering of adequate and dependable service to Grantor or any of Grantee's customers,by use of a
variety of methods used in the vegetation management industry.
Grantor shall not construct or permit the construction of any structure, obstruction or other hazard within the said
right-of-way, including but not limited to, house, barn, garage, shed, pond, pool or well, excepting only Grantor's
fence(s) and Grantee's facilities. Grantor shall not construct or permit the construction of any buildings or other
structures on land adjoining said right-of-way in violation of the minimum clearances from the lines and facilities of
Grantee,as provided in the National Electrical Safety Code.
Property Location: Northeast corner of Lucas and Calder
Beaumont,Texas 77706
Owner Address: City of Beaumont
P.O.Box 3827
Beaumont,Texas 77704-3827
IN WITNESS WHEREOF, Grantor has executed this Right-of-Way instrument on this _ day of
12011.
GRANTOR:
City of Beaumont City of Beaumont
EXHIBIT"A"
WR#
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on [Date] by
[Grantor].
Notary Public,State of Texas
Stamp
Or Commission expires:
Scal
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on (Date] by
[Grantor].
Notary Public,State of Texas
Stamp
Or Commission expires:
Seal
Spaoe Below Reserved for County Clerk's Recording Information
AFTER RECORDING, RETURN TO: Jeffrey Richard; Distribution Right-of-Way Department, Entergy
Texas,Inc.,
60 N. 116 Street,Beaumont,Texas 77702
Exhibit"C"
City of Beaumont Residue of Lot 5
Entergy i0-foot Wide Overhead Electrical Easement
Being the centerline of a 10-foot wide Entergy overhead electrical easement out of and a
part of that certain City of Beaumont Lot 5 Block 1 of Calder Highlands Addition to the
City of Beaumont,Texas,being recorded in Vol. 4 Pg. 155 of the Map or Plat Records of
Jefferson County, Texas, and Film Code 00104440371 of the Clerk's File of Jefferson
County,Texas, and centerline of said 10-foot wide overhead electrical easement being
more particularly described as follows,to-wit:
The Reference Bearing will be a segment of the original North line of Calder Avenue as
being N7605 1'25"W.
For the Place of Beginning,begin at a point in the common lot line of Lot 4 Block 1 of
said Calder Highlands Addition,this point being in the East line of said Lot 5,and from
this point for locative purposes,the Southeast corner of Lot 3 of said subdivision bears
S67°15'53"E a distance of 103.57 feet,more or less,to a point in the North line of Calder
Avenue and S76°51'25"E a distance of 2.00 feet;
Thence along the centerline of said Entergy 10-foot wide overhead electrical easement
N679 5'53"W a distance of 10.43 feet,more or less,to a point in the new Northeasterly
line of West Lucas Street and to inal Point of this easement.
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Guy A. Stonecipher ,�� `4•i Ttq o*4
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May 25,2011 1 (;UY A. STONECIPy ER '
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SURVEY OF ENTERGY
PROPOSED 10' WIDE OVERHEAD
POWERLINE CROSSING LOTS 3. 4. AND 5
OF CAI-DER HIGHLANDS ADDI I"ION. BLOCK 1 —
CITY OF BEAUMONT. TEXAS.
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GUY A STONECIM{ER
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GUY A. ST , CIPHM. JR.
8 U A r�'A REGISTERED PROFESSiUNAt TEXAS l EYOR 1779
FAX: 409-753-2254
CELL: 409-056-9033
EXHIBIT "B" _._.___..� �___- •�—