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HomeMy WebLinkAboutRES 11-194 RESOLUTION NO. 11-194 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. Houston League, Abstract No. 33, 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 Westbrook High School located at 8750 Phelan Boulevard and allowing for the construction,alteration,operation and maintenance of said water lines and appurtenances; 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 12th day of July, 2011. yor Becky Ames - F ¢ 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 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 therepair and replacement of an paving or other sP P YP g 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 FIM&Shipman INC. Consulting Engineers and Land Surveyors Ronald D.Atm,P.E.,R.P.L.S.(1948-1987) EXHIBIT"A",PAGE 1 OF 3 Terry G.Shipman,Chairman of Board CENTERLINE DESCRIPTION Billy J.Smith,Jr.,President OF A Donald R.4%P.E. Michelle Falgout,P.E. 10' WIDE EXCLUSIVE WATER LINE EASEMENT Walter).Ksiazek,R.P.L.S. OUT OF THE A. HOUSTON LEAGUE,ABSTRACT 33 JEFFERSON COUNTY,TEXAS JUNE 28,2011 That certain centerline description for a 10'wide exclusive water line easement, 5.0' on each side of centerline, out of the A. Houston League,Abstract 33, Jefferson County, Texas, and being out of a called 100.00 acre tract conveyed to Beaumont ISD (aka South Park ISD) as recorded in Volume 1492, Page 5 of the Deed Records of Jefferson County, Texas, said centerline being more particularly described by the following courses and distances: Note: Basis of Bearings is the west line of the said 100.00 acre tract having been called North 00°09'19" East. COMMENCING at a concrete monument found in the east line of a called 56.974 acre tract conveyed to Jefferson County Drainage District No. 6 as recorded in Clerks File No. 2002013054 of the Official Public Records of Jefferson County, Texas and the west line of the said 100.00 acre tract for the northwest corner of a called 1.194 acre tract conveyed to Jefferson County Drainage District No. 6 as recorded in Clerks File No. 2002027331 of the Official Public Records of Jefferson County, Texas from which a 318" iron rod found for the northwest comer of the said 100:00 acre tract bears North 00 009'19" East 2809.55 feet(called North 00 009'19" East) and from which a concrete monument found in the north right-of-way line of Phelan Boulevard for the southwest corner of the said 1.194 acre tract bears South 00°09'19" West 50.00 feet(called South 00 009'19"West 50.00 feet); THENCE South 89°53'50" East along the north line of the said 1.194 acre tract a distance of 195.14 feet (called South 89°47'07" East)to a point for the POINT OF BEGINNING of the said centerline of the 10'wide exclusive water fine easement; THENCE along the said centerline with the following courses and distances: North 00°02'22"West a distance of 515.34 feet to an angle point; North 89 052'59"West a distance of 30.95 feet to an angle point; North 03°09'45"West a distance of 26.04 feet to an angle point; North 00 014'19"West a distance of 55.93 feet to an angle point; North 00°15'05"West a distance of 49.05 feet to an angle point; West a distance of 132.79 feet to an angle point; North 00°12'00" East a distance of 367:62 feet to an angle point; FI77Z&SHIPMAN,INC. Project No.09048Task28wtresmt 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 North 89°59'50" East a distance of 34.08 feet to a point in the west line of a 10'wide water line easement(No. 1)to the City of Beaumont in Resolution No. 08-234 of the City of Beaumont Council Minutes for the POINT OF TERMINA77ON of the said centerline of the 10' wide exclusive water line easement. This description is based on a survey and plat made by Fittz&Shipman, Inc. during June 2011. le)A&>t Waller J. Ksiazek+;tq Registered Professional land Surveyor No. 5321 t 0 Tyr Y ' o�•a,,. 'r i s, . 9 �'�41� RF��s Wl1 INR J. KSIAZFY • Jet . 81•.• FITTZ&SHIPMAN,INC. Project No.09048Task28wtresmt Plat&Description FOUND 3,8• EXHIBIT "A'. PAGE 3 OF 3 IRON ROD _J r --lb'M'IDE UNDERf�gJIA� IIf LB UTILITY EASEMENT VOL- 1510.PC. 365,O.R.J.C. L �- POINT OF CITY I f BEAUMONT I TERMINAnON CITY COUNCIL N0.MINUTES L_ CITY COUNCIL MINUTES CENTERUNE 10'WIDE WATER ESMT NO. 1 DISTANCE NUMBER OIRECTiON I ] 10' WIDE EXCLUSIVE i WATER LINE EASEMENT L1 N W 515,34 L2 N 89"52 59 W 30,95 I I L3 N 03W45" W 28.04 ENTE),INC. L4 N OO1419 W 55.93 VOL 1 2258,PG 273,EASEMENT L5 N 00'1505 W 49.05 II I) 10'ROW AND EASEMENT L6 WEST 132.79 I^ L7 IN 00'1200 E 367.62 III J CENTERLINE L8 N 8959 50 E 134.08 o;W 10' WIDE EXCLUSIVE °c 5 I I I I WATER LINE EASEMENT J--ZA n crz IBEAUMON7 LSD 3�W (AKA SOUTH PARK ISO) Q L �— VOL. 1492,PG. 5, D.R.AC. y Z in I I �- —'1 (REMAINDER OF CALLED 100.00 ACRES) 0 50 0 o II E6� "31 A L nil to W Q L2 I� I � _ p N GULF STATES U1BI7E5 COMPANY v"o I iI 'VOL 260,PC. 207 Z I VOL.1112,PG.604 I I VOL.1112,PG.808 D.R.J.C. I i I SURVEYOR'S CERTIFICATION; ~ I DO HEREBY CERTIFY, TO THE BEST OF MY KNONED OE ANp IEF, T14AT 71`15 15 AN ACCURATE PLAT OF A SURKY&(I o ^I I ON THE GROUND UNDER My SUPERVISION DURING JUNE 7K>r!BELMADE 'b n I WALTER J.KSIAZEK REGISTERED PROFESSION LAND SUR . n I / II COMMENCING '406 P'i6 POINT OF TM J. KSIAZEK POINT / BEGMHJkiG I Q'12s-�f 10 WIDE EXCLUSIVE CENTE�IE I WATER EASEMENT 10' MADE EXCLUSIVE FOUND TE T WATER LINE EASEMENT V�YEi / S 1 9'53'50" E 195.14 FOUND gp" JEFFERSON COUNTY DRAINAGE DISTRICT No 6 MONUMENT CONCRETE IA CLERKS FIE NO.2002027531.O.P.R.J.C. (CALLED 1.194 ACRES) PHELAN BOULEVARD Q\PROJECTS\0904B\TASK 28 Westbrook Fib"una W.L. EASMT\O904872&DW0 Jun 29, 2011 02:34" ., �► II�i)� 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET No- M1C. PRDA= NAM BISD 3 WESTBROOK ELEMENTARY 1405 CORNERSTONE COURT. BEAUMONT.IEKAS BEAUMONT, TEXAS PROJECT NO. EXHIBIT "BR (409)832-7238 FAX(409)832-7303 TJPE FRM/160•T.XL.S FMM/10086 DM 8-g8-11 09048 T28 EAS 2611925361 7 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 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 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 waxer 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 0 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 a day,& of 2011. Notary Public,State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering rLANA THOMPSON P.O.Box 3827 Notary Public,State of Texas Beaumont,TX 77704 = My Commission Expires February 24,2018 Fittz&Shipman INC. Consulting Engineers and Land Surveyors Ronald D.Fittz,P.E.,R.P.L.S.(19484 987) EXHIBIT "A",PAGE 1 OF 3 Terry G.Shipman,Chairman of Board CENTERLINE DESCRIPTION Billy 1.Smith,Jr.,President OF A Donald R.IGng,P.E. Michelle Falgout,P.E. 10' WIDE EXCLUSIVE WATER LINE EASEMENT walterl.Ksiazek,R.P.L.S. OUT OF THE A. HOUSTON LEAGUE,ABSTRACT 33 JEFFERSON COUNTY,TEXAS JUNE 28,2011 That certain centerline description for a 10' wide exclusive water line easement, 5.0' on each side of centerline, out of the A. Houston League, Abstract 33, Jefferson County, Texas, and being out of a called 100.00 acre tract conveyed to Beaumont ISD (aka South Park ISD) as recorded in Volume 1492, Page 5 of the Deed Records of Jefferson County, Texas, said centerline being more particularly described by the following courses and distances: Note: Basis of Bearings is the west line of the said 100.00 acre tract having been called North 00 009'19" East. COMMENCING at a concrete monument found in the east line of a called 56.974 acre tract conveyed to Jefferson County Drainage District No. 6 as recorded in Clerks File No. 2002013054 of the Official Public Records of Jefferson County, Texas and the west line of the said 100.00 acre tract for the northwest corner of a called 1.194 acre tract conveyed to Jefferson County Drainage District No. 6 as recorded in Clerks File No. 2002027331 of the Official Public Records of Jefferson County, Texas from which a 3/8" iron rod found for the northwest comer of the said 100:00 acre tract bears North 00°09'19" East 2809.55 feet (called North 00 00919" East) and from which a concrete monument found in the north right-of-way line of Phelan BoUleevard for the southwest comer of the said 1.194 acre tract bears South 00 009'19" West 50.00 feet (called South 00°09'19"West 50.00 feet); THENCE South 89 053'50" East along the north line of the said 1.194 acre tract a distance of 195.14 feet (called South 89 047'07" East) to a point for the POINT OF BEGINNING of the said centerline of the 10'wide exclusive water line easement; THENCE along the said centerline with the following courses and distances: North 00 002'22"West a distance of 515.34 feet to an angle point; North 89 052'59"West a distance of 30.95 feet to an angle point; North 03 009'45"West a distance of 26.04 feet to an angle point; North 00°14'19"West a distance of 55.93 feet to an angle point; North 00°15'05"West a distance of 49.05 feet to an angle point; West a distance of 132.79 feet to an angle point; North 00°12'00" East a distance of 367.62 feet to an angle point; FITTZ&SHMMAN,INC. Project No.09048Task28wtresmt 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 North 89 059'50" East a distance of 34.08 feet to a point in the west line of a 10'wide water line easement (No. 1)to the City of Beaumont in Resolution No. 08-234 of the City of Beaumont Council Minutes for the POINT OF TERMINATION of the said centerline of the 10' wide exclusive water line easement. This description is based on a survey and plat made by Fittz& Shipman, Inc. during June 2011. Walter J. Ksiazek (*W16 O F Registered Professional Land Surveyor No. 5321 E0t8T �J. KSIAZf g4+ +COP FITTZ&SHIPMAN,INC. Project No.09O48Task28wtresmt Plat&Description FOUND 3/8' EXHIBIT 'A", PAGE 3 OF 3 IRON ROD 15' WADE UNDERGROUND UTILITY EASEMENT � — LS VOL. 1510, PG. 365, D.R.J.C. ( I POINT OF CITY OF BEAUMONT — I TI:R(I141NATION RESOLUTION NO. 08-234 CITY COUNCIL MINUTES II CENTERLINE 10' WIDE WATER ESMT N0. 1 NUMBER DIRECTION DISTANCE I 10 MADE EXCLUSIVE WATER LINE EASEMENT Lt N 00'02 22' W 515.34 L2 N 89"5259 W 30.95 L3 N 03"09'45'0 W 26.04 ENTER, INC. L4 N 00'14919 W 55.93 VOL. 2258, PG, 273, D.R.J.C, L5 N 00'15'05 W 49.05 10' ROW AND EASEMENT L.6 WEST 132.79 II II J L7 N 00'12'00' E 367.62 89 (I ( L8 N '59 50 CENTERLINE E 34.08 I 10' WIDE EXCLUSIVE IO a w I I I WATER LINE EASEMENT oQ Ix z z '0) n '6 II I mo�N � 0 LL o o o � I I I BEAUMONT ISD o v w z u I (AKA SOUTH PARK ISD) J �� VOL 1492, PG. 5, D.R. C. Z W Z y o _ (REMAINDER OF CALLED 100.00 ACRES) 0 50 00 '< x Z o , W L6 to A L �� II J to In W Ci L2 z O1� w Iit z 0) 0 O GULF STATES UTILITIES COMPANY m U O I N I I 150' RIGHT—OF—WAY VOL 260, PG. 207 Z VOL 1112, PG. 604 VOL. 1112, PG. 608 D.R.J.C. SURVEYOR'S CERTIFICATION: ci II I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, -3 THAT THIS IS AN ACCURATE PLAT OF A SURVEY do DESCRIPTION MADE N o I I ON THE GROUND UNDER MY SUPERVISION DURING JUNE 2011. in II F a I o° I WALTER J. KSIAZEK �'° II REGISTERED PROFESSION LAND SUR 5321 > 'I COMMENCING 11 POINT OF VIIiALT ' J, KSIAZF.P POINT / BEGINNING 10' WIDE EXCLUSIVE III CENTERLINE flt ,► WATER LINE EASEMENT 10' VIDE EXCLUSIVE ••.�So1&.• CONCRETE TAE I WATER LINE EASEMENT �k ••••••pQ MONUMENT I &U� / (CALLED S 89'47'07" E) / S 89'53'50" E 105,14 FOUND O JEFFERSON COUNTY DRAINAGE DISTRICT NO 6 CONCRETE p CLERKS FILE NO. 2002027331. O.P.R.J.C. MONUMENT IA (CALLED 1.194 ACRES) PBELAN BOULEVARD Q:\PROJECTS\09048\TASK 28 Westbrook Fberbond W.L. EASMT\09048T28.DWG Jun 29, 2011 02:36pm 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO. 1NC. PF40j= NAYS: BISD 3 ow aw I WESTBROOK ELEMENTARY 1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS PROJECT NO. (409) 832-7238 FAX (409) 832-7303 09048 T28 T.B.P.E. FIRM /1160 •T.X.LS. FIRM #1001868 11