HomeMy WebLinkAboutRES 11-199 RESOLUTION NO. 11-199
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 C. Williams
League, Abstract No. 59, 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 Dishman Elementary School located at 3475 Champions Drive 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 19th day of July,
2011.
- yor 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 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
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 3827
Beaumont,TX 77704
INC.
Consulting Engineers and Land Surveyors
EXHIBIT"A", PAGE 1 OF 4 Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987)
CENTERLINE DESCRIPTION Terry G Shipman, ith, an of Board
Billy 1.Sm)th,Jr.,l President
OF A Donald R.King,P.E.
10, WIDE EXCLUSIVE WATER LINE EASEMENT Mkhelle Falgout,P.E.
OUT OF THE Walter)."aiek,R.P.L.S.
C.WILLIAMS LEAGUE,ABSTRACT 59
JEFFERSON COUNTY,TEXAS
JULY 7,2011
That certain centerline description for a 10'wide exclusive water line easement, 5.0' on each
side of centerline, out of the C.Williams League,Abstract 59, Jefferson County, Texas, and
being across Lot 1 of Dishman Elementary School Addition, a plat recorded in Clerks File No.
9829194 of the Official Public Records of Jefferson County, Texas, said centerline being more
particularly described by the following courses and distances:
Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, South
Central Zone#4204.
COAdMENCING at a W iron rod found in a north right-of-way line of Walden Road for the
southwest comer of Block 1 of Walden Meadows Section Two, a plat recorded in Volume 17,
Page 318 of the Map Records of Jefferson County, Texas ;
THENCE North 87°19'57' East along the said north right-of-way line of Walden Road and the
south line of said Block 1 a distance of 714.83 feet(called North 89 054'05" East 715.08 feet)to
a capped iron rod found for an angle point;
THENCE North 43°26'25' East along a northwesterly right-of-way line'of Walden Road a
distance of 20.73 feet(called North 45°07'44"East 21.22 feet)to a W iron rod found in the west
right-of-way line of Champions Drive;
THENCE North 84°31'25" East a distance of 115.23 feet to a point at the intersection of the
southeasterly right-of-way line of Champions Drive and a north right-of-way line of Walden
Road;
THENCE North 87°19'24" East along the said north right-of-way line of Walden Road and the
south line of said Lot 1 of Dishman Elementary School Addition a distance of 320.09 feet(called
North 89 054'05" East) to a point for the POINT OF BEGINNING of the said centerline of the 10'
wide exclusive water line easement from which the southeast comer of said Lot 1 bears North
89°54'05" East 311.32 feet (caned North 89°54'05" East);
THENCE along the said centerline with the following courses and distances:
North 42 019'24" East a distance of 22.91 feet to an angle point;
FIM do SHIPMAN,INC.
Project No. I I050wtresmt
Plat&Description
1405 Comerstone Court• Beaumont,Texas 77706• (409)832-7238•fax(409)832-7303
Tx Board of Prof Engineers Firm No.1160•Tx Boars!of Prof Land Surveyors Firm No.100186
EXHIBIT"A",PAGE 2 OF 4
North 03°06'38"West a distance of 335.19 feet to an angle point;
North 41°53'21"East a distance of 56.56 feet to an angle point;
North 03°06'38"West a distance of 1043.98 feet to an angle point;
South 87°3449"West a distance of 122.97 feet to an angle point;
South 42 00447"West a distance of 91.48 feet to an angle point;
South 87°09'37"West a distance of 268.99 feet to a point in the east right-of-way line of
Champions Drive and the west line of said Lot 1 for the POINT OF TERNINATION 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 OF tF4�
Registered Professional Land Surveyor No. 5321 ,* .`'�� �0•`�.
WAI TER d. kEK
"ON
�'t1AVE�,
FITTZ&SHIPMAN,INC
Project No. I I050wtresmt
Plat&Description
10' WIDE EXCLUSIVE WATER LINE EASEMENT SNE""'° MATCH LINE
PROD= NAME' BISD 3 EXHIBIT "A". PAGE 3 OF 4
DISHMAN ELEMENTARY PR"CT NO. I
BEAUMONT, TEXAS 11p5o
DATE:7-7-11 NUMBER DIRECTION INSTANCE
NOTE: 8EARINGS ARE REFERENCED TO THE NA083 L1 N 42'19'24' E .91
Fit�hipman TEXAS STATE PLANE COORDINATE SYSTEM. L2 N 03'0838' W 335.19 CENTERLINE
sour+CENTRAL ZONE /4204. I�
+ INC. 1.3 N 41 E 58,58 f 10' WEE EXCLUSIVE
1.4 N 03b8 W 1 98 WATER LINE EASEMENT
14QS CORNERSTONE COURT.9409)ONr, 7303 L5 S 40 W -1 97
(409)832-7238 FAX(409)&72-7303 1.8 S *ZW'4r*4r W 91.44
1.7 S I Log J
SURVEYOR'S CERTIFICATION: ____= —___`____— ^— II
I DO HEREBY CERTMY, TO THE BEST OF MY KNOwEDGE AND BELIEF, _ __
THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE ..� I
ON THE GROUND UNDER MY SUPERVISION DURING JUNE 2011.
15'a+AwACE EASEMENT
CLERKS FILE NO.9829194, O.P.R.Ja
WALTER J.KSIAZEK t * • I
REdSTEREO PROFESSIONAL SURVEYOR 3321 ZWALTER J. C I DRAMIA QE DISTRICT NC,5
VOL 1566,PCL LOT 1 260'EASEMENT
• DISHMAN ELEMENTARY
�{ }�] SCHOOL ADDITION
��. CLERKS FILE NO.9829194,O.P,R.J.C. ( )
I m
A �lI i �
m
0 50 , 0 o
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s L' `~ ! I 30JEN T S
X
IoRA9ucE olsTwcr N0.6 W
ctfRKS FILE NO. 20=1406 P.R.J.C.
0.O.
WALDEN MEADOWS I (CALLED 0.265 ACRE)
U I
SECTION TWO
VOL 17.PG.316,M.R.J.C.
COMMENCING BLOCK 1 POINT OF BEGINNING
POINT 10' WIDE EXCLUSIVE
FOUND 1/2- FOUND 1/2' WATER UNE EASEMENT
IRON ROD IRON ROD L
(CALLED N 69.54.08'E ns.os) N 8 15123" E 320.09 311.32
N 87'19'57' E 714.83 N 8799'24" E 531.41
N 4326'25" E 20.73 (CALLED N 8934.05'E 531.41)
FOLUMNO CAPPED (CALLED N 450744'E 21.22) Rtf.1 M( ROAD
CAPPED ROAD
C:\PROJECTS\11050 Ol-hman El.mentory\Survey\11050wt,..,.drg Jul 07,2011 04.53=ROD
10' VIDE EXCLUSIVE WATER LINE EASEMENT SHEET 40. -`
PROJ= KAIM- BISD 4 EXHIBIT "A". PAGE 4 OF 4
DISHMAN ELEMENTARY PROJECT NO- L7
%
BEAUMONT, TEXAS „050 — —
NOTE: BEARING$ARE REFERENCED TO THE NAM PANT OF TERMINATION
Fittz&Shipman TUAS STATE PLANE COORDINATE SYSTEM. 10' WEE EXCLUSM
91C. SOl1TH CENTRAL ZONE 04204. WATER LINE EASEMENT I
1405 CORNERSTONE COURT.IEAUMONT.TEXAS
(409)832-7238 FAX(409)432-7303 I
II
SURVEYOR'S CERTIFICATION: CENTERLINE J � 10, WEE EXCLUSIVE
1 DO HEREBY CERTIFY. TO THE BEST OF MY KNOWLEDGE AND BELIEF. I WATER LINE EASEMENT
THAT TRIS IS AN ACCURATE PLAT OF A SURVEY&OESCJRIPTION MADE
ON THE GROUND UNDER MY SUPERVISION DURING JUNE 2011,
e__tc3{STr~,p �,s R LOT t
WALTER KsRAZEK • • * • DISHMAN ELEMENTARY
REOSTERED PROFESSIONAL LAN RVEYOR $321 * • • SCHOOL ADDITION
WALTER.I. KSIAZF; CLERKS FILE NO. 9829194,O.P.94C. I
•Z Nit,
�"' Q JEFFERSON COUNTY
• I ORAMIM;E DISTRICT Na 8
•••.•�pQ' x I VOL , Pr.
EA0.R.JG
3UiN1. C
" I
I
NUMBER DIRECTION DISTANCE U (tf
Lt N 42'19 24 E 1 I
L2 N 0306 W 19 I
L3 N 41 21 E L4 N 0306 W 980 s0 t 0 L3 S 87'34 49 W 97 l6 5 42'04 47 W . 8 t
L7 S 8709' W 208.99 I
I �
Q\PROJECTS\11050 Dienmon£lemenlor Survey\IIOSOwu.sm,. I
r\ awg JW o7.201, o4:s4Pm MATCH LINE