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HomeMy WebLinkAboutRES 12-144 RESOLUTION NO. 12-144 WHEREAS, Beaumont Independent School District(BISD)wishes to convey to the City of Beaumont a roadway, said roadway being a private road which travels in front of Sallie Curtis Elementary School and connects Peyton Drive with North Circuit Drive, and a right-of-way, as described in Exhibit"A"attached hereto,for the purpose of rehabilitating and maintaining said roadway; and WHEREAS, BISD wishes to contribute $80,000 to the City of Beaumont for the purpose of rehabilitating and maintaining said roadway through the Street Rehab Project of the Capital Program; WHEREAS, the City Council has considered the purpose of said conveyance and monetary contribution and is of the opinion that the acceptance of said conveyance and monetary contribution 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. THAT said conveyance by Beaumont Independent School District be and the same is hereby, in all things, accepted. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to accept $80,000 from Beaumont Independent School District for the rehabilitation and maintenance of the above-described roadway through the Street Rehab Project of the Capital Program. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary to complete the above-described transaction. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of July, 2012. C� - ayor Becky Ames - FUU&Shipman INC. Consulting Engineers and Land Surveyors Ronald D.Fittz,P.E.,R.P.LS.(1948-1987) Donald R.Ong,P.E. Terry C.Shipman,P.E.,Chairman Walter).Ksiazek,R.P.L.S. Billy J.Smith,Jr.,President EXHIBIT"A",PAGE 1 OF 3 FIELD NOTE DESCRIPTION OF A 1.083 ACRE TRACT OUT OF THE IL WILLIAMS SURVEY,ABSTRACT 56 JEFFERSON COUNTY,TEXAS .TUNE 26,201.2 That certain 1.083 acre tract out of the H. Williams Survey,Abstract 56, and being out a called 20 acre tract conveyed to Beaumont ISD (aka South Park ISD) as recorded in Volume 986, Page 36 of the Deed Records of Jefferson County,Texas, said 1.083 acre tract being more particularly described by metes and bounds as follows: Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, South Central Zone#4204. COAtAIMENCING at a capped iron rod found in the east line of a tract conveyed to Michael D. Tanous, Trustee as recorded in Clerks File No. 9137796 of the Official Public Records of Jefferson County, Texas for the northwest corner of Westgate Addition, a plat recorded in Volume 10, Page 53 of the Map Records of Jefferson County, Texas and the southwest comer of the said 20 acre tract; THENCE North 85°57'32" East along the south line of the said 20 acre tract a distance of 626.20 feet(called North 88°11'00" East)to a point for the southwest comer of the said 1.083 acre tract, the PC of a curve and the POINT OF BEGINNING of the said 1.083 acre tract; THENCE along a north line of the said 1.083 acre tract with a curve to the right having a chord bearing of North 57 019'48"East, a chord distance of 111.35 feet and a radius of 103.00 feet, a distance along the said curve of 117.64 feet to the PT of said curve; THENCE North 87°12'51" East continuing along the said north line of the 1.083 acre tract a distance of 157.49 feet to a point for the PC of a curve; THENCE along a northwesterly line of the 1.083 acre tract with a curve to the left having a chord bearing of North 29 035'39" East, a chord distance of 411.87 feet and a radius of 272.00 feet, a distance along the said curve of 467.23 feet to the PT of said curve; Fitts&Shipman,Inc. Page 1 of 2 Project No. 09048t36RDROW 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" EXIiIBIT"A",PAGE 2 OF 3 THENCE North 15°13'46 West along a west line of the said 1.083 acre tract a distance of 115.42 feet to a point for the PC of a curve; THENCE continuing along the said west line of the 1.083 acre tract with a curve to the right having a chord bearing of North 05 057'20" East, a chord distance of 89.73 feet and a radius of 103.00 feet, a distance along the said curve of 92.84 feet to a point in the west line of Hillebrandt Bayou, a called 5.532 acre tract (Tract 4) conveyed to Jefferson County Drainage Ditch'No 6 as recorded in Volume 742, Page 212 of the Deed Records of Jefferson County, Texas and the east line of the said 20 acre tract for the north comer of the said 1.083 acre tract from which a DD6 aluminum disc found for the northeast comer of the said 20 acre tract bears North 13°01'51"West 165.99 feet(called North 10°54'00'West); THENCE South 13°0151" East along the said west line of said Hillebrandt Bayou and the said east line of the 20 and 1.083 acre tracts a distance of 18.79 feet to a DD6 aluminum disc found for an angle point; THENCE South 24°30'49" East continuing along the said west line of Hillebrandt Bayou and the said east line of the 20 and 1.083 acre tracts a distance of 200.45 feet(called South 22 023'00" East 200.60 feet)to a W capped iron rod set for an angle point; THENCE South 01 035'05" East continuing along the said west line of Hillebrandt Bayou and the said east line of the 20 and 1.083 acre trails a distance of 173.22 feet(called South 00°31'00" West 173.30 feet)to a DD6 aluminum disc found for an exterior comer of the said 1.083 acre tract; THENCE South 85°57'32"West along an interior line of the said 1.083 acre tract a distance of 16.34 feet to a point for the PC of a curve; THENCE along a southeasterly line of the said 1.083 acre tract with a curve to the right, having a chord bearing of South 47°05'25"West, a chord distance of 342.60 feet and a radius of 322.00 feet, a distance along the said curve of 361.25 feet to a point in the south line of the said 20 acre tract for the northwest comer of Inwood Place, a plat recorded in Volume 10, Page 172 of the Map Records of Jefferson County, Texas and the southeast comer of the said 1.083 acre tract from which a DD6 aluminum disc found for the southeast.comer of the said 20 acre tract bears North 85°57'32" East 378.24 feet(called North 88°11'00' East); THENCE South 85 057'32"West along the said south line of the 20 and 1.803 acre tracts a distance of 259.04 feet(called South 88°1100"West)to the POINT OF BEGINNING and containing 1.083 acres of land, more or less. This description is based on a survey made by Fittz&Shipman, Inc. on June 20, 2012. Walter J. Ksiazek Registered Profession Land Surve r No. 5321 lFittz g Shipman,Inc. 7`ER J- KSI azr Page 2 of 2 • y�� Project No. 09048T36RDROW Plat&Description a .;rs5 �ir►tY2+=s NUMBER DIRECTION DISTANCE EXHIBIT "A PAGE 3 OF 3 L1 N -13m-1r5-1 W 185.99 CALLED N 10794'00"W WWDSOR PLACE, UNIT 2 NINDSOR PLACE L2 S 13'01 51 E 18,7$ VOL. 12,PG. 53. M.R.J.C. VOL. 10, PG. 183,M.R.J.C. CALLED S 10'5400"E AUDPG. 1 PARK 111 FOUND 008 VOL. 9, PC. 136,M.R,J.C. (CALLED N�Ya' E 707& 9) ALUMNNJUM L3 S 24'30 49 E 200.45 N 8 '00'32 E.1049.8 5 Disc CALLED S 222100"E 200.60 L4 S 01'3505 E 173.22 CALLED S 00'37'00'W 173.30 FOUND " J IRON ROD L5 S 27'54 55" E 235.11 CALLED S 2548'00"E 237.90 FOUND OD6 2 � •n f L6 S 85'5 32" W 18.34 NOW OR FORMERLY ALUMINUM O L7 N 87"12'51" E 157.49 CLERKS D. TANOUS. TRUSTEE DISC FILE NO.9137796, O.P.R.J.C. U,V-1.7 0 L8 IN 151348 W 1115.42 -w? .0:)a NUMBER DELTA RADIUS ARC CHORD CHORD BEARING BEAUMONT ISO O:�A Cl 65781 103.00 117.84 111.35 N 5719 48 E ;� (AKA SOUTH PARK ISO) yo C2 98`2511 272.00 467.23 411.87 N 29'35 39 E 143 VOL ALL PG 38,O.R.J C. t C3 51 3S 103.00 92.84 89.73 N 055 2 E (CALLED 20 ACRES) ` C4 64'16'47' 322.00 381.25 342 60 S 47'05 25 WZsc� SET 1/2" CAPPED cE3 I J IRON ROD SURVEYOR'S CERTIFICATION: FOUND ODS 1 00 THAT THIS IS AN CERTIFY,CCURATE PLATSOFOA SURVEY k DESCRIPTION ON MADE %� /I ALUMINUM Disc N ON THE GROUND UNDER MY SUPERVISION ON JUNE 20, 2012. COMMENCING POINT POINT OF / / U 3 Fo1xm BEGINNING 1 _ l7 IRON R� 826.20 % 259_04 378.24 WALTER J. KSIAZEK •y• A, 'f,� __ _ QQ+ REGISTERED PROFESSIONAL lAN RVEYOR N0. 21 ,y �P 9 8 7 6 5 4 3 2 1 I-INw000 W ACE VOL. 9 PG. E82, NEST'GATE ADD171 I VOL. R 172, D.R.J.C. \ VOL. 10.PG. 53.N.R.J.C. d FOUND DDB ; flt1 "9P- FD�IRON 5R/co N 8557'32" E 1283\14 ALUMINUM 0.10 SOUTH (CALLED N 86 11'00"E 128 too to NOW OR FORMERLY CITY OF BEAUMONT �U19Yr6iCQ" MACK H.BURRIS,JR. 15'UTILITY EASEMENT CLERKS FILE NO. 2007000289, VOL 1415, PC. 632, D.R.J.C. O.P.R.J.C. NY K F / SHEET NO. iFittz&Shipman ROAD RIGHT-OF-WAY 9lO PRonwT uAm: BISD 3 0 100 0 SALLIE CURTIS ELEMENTARY PROJECT NO. NOTE: BEARINGS ARE REFERENCED 70 THE TEM. 1405 CORNERSTONE COURT,KAUMONT,TEXAS A TEXAS STATE PLANE COODIN4 TE SYSTEM, (409)832-7236 FAX(409)632-7303 BEAUMONT, TEXAS 09048 ti M DATE:6-26-12 TASK 36 RIGHT OF WAY AGREEMENT THIS AGREEMENT is entered into between BEAUMONT INDEPENDENT SCHOOL DISTRICT(the"District")and the CITY OF BEAUMONT(the"City")for the transfer of ownership from the District to the City of that certain land that is currently used as a private road owned by the District as part of the District's Sallie Curtis Elementary School campus, and which currently connects Peyton Drive and North Circuit Drive. The strip of land being transferred and dedicated as a public road is more particularly described in Exhibit"A",attached hereto and made a part hereof for all purposes(the"Property").The District and the City agree that the ownership of the road will be transferred to the City as a dedicated public road right of way, on the following terms and conditions. The District will pay the City the cash sum of$80,000.00 at the time of execution of this Agreement. The City agrees to re-pave the road with a new asphalt base,at the City's expense. Such re-paving will be completed prior to the start of the 2012 school year. Thereafter,the City assumes all obligations for maintenance and repair of the road. The District will be entitled to reasonable entrances to and exits from its adjoining property to the road. Those entrances and exits will be constructed by the District,at the District's expense,and will be subject to traffic regulations of the City of Beaumont. If the road is ever curbed and guttered,the District will be entitled to reasonable curb cuts. The form of the deed to be used to transfer ownership of the right of way to the City is attached hereto as Exhibit B. 1 V ` ' EXECUTED this lip day of , 2012. BEAUMONT INDEPENDENT SCHOOL DISTRICT By Dr. tarrol Thomas, Superintendent THE CITY OF BEAUMONT By Kyle Hayes, City Manager 2 DD 2911024307 6 PG5 STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X RIGHT OF WAY DEED THAT, BEAUMONT INDEPENDENT SCHOOL DISTRICT, hereinafter called "GRANTOR", 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, 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 (the"Property"), as a public road right of way. As part of the consideration for this conveyance,Grantee has agreed to re-pave the road with a new asphalt base, at Grantee's expense,and Grantee assumes all obligations for maintenance and repair of the road. Grantee will repave the road with specifications agreed upon by Grantor and Grantee. Grantor will be entitled to reasonable entrances to and exits from Grantor's adjoining property to the road,which entrances and exits will be constructed by Grantor at Grantor's expense, and subject to traffic regulations of the City of Beaumont. If the road is ever curbed and guttered, Grantor will be entitled to reasonable curb cuts. 1 TO HAVE AND TO HOLD the above described Property unto the said CITY OF BEAUMONT, its successors and assigns forever; provided that this conveyance is made without warranty of title or warranty of the condition of the Property. EXECUTED this b day of ,2012. BEAUMONT INDEPENDENT SCHOOL DISTRICT By Jjje .A. Yk�'f-arir-ol Tho , Superintendent STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally Dr. Carrol Thomas, Supertintendent 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 2012. LANA THOMPSON Es Notary Public,State of Texas My commission Expires IV• u� i'� FsbnMY:26,2018 Notary Public, State of exas AFTER RECORDING, RETURN TO: C 1 7F B'AAftw'`t 2 ne,er��r, i4 Box 3; 7 -7-7-70+ `- Fiitz Shi man INC. Consulting Engineers and Land Surveyors Ronald D. Fittz,P.E.,R.P.L.S.(1948-1987) Donald R. King,P.E. Terry C.Shipman,P.E.,Chairman Walter J.Ksiazek,R.P.L.S. Billy J.Smith,Jr.,President EXIIIBIT"A",PAGE 1 OF 3 FIELD NOTE DESCRIPTION OF A 1.083 ACRE TRACT OUT OF THE H.WILLIAMS SURVEY,ABSTRACT 56 JEFFERSON COUNTY,TEXAS JUNE 26,2012 That certain 1.083 acre tract out of the H. Williams Survey, Abstract 56, and being out a called 20 acre tract conveyed to Beaumont ISD (aka South Park ISD) as recorded in Volume 986, Page 36 of the Deed Records of Jefferson County, Texas, said 1.083 acre tract being more particularly described by metes and bounds as follows: Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, South Central Zone#4204. COMMENCING at a capped iron rod found in the east line of a tract conveyed to Michael D. Tanous, Trustee as recorded in Clerks File No. 9137796 of the Official Public Records of Jefferson County, Texas for the northwest comer of Westgate Addition, a plat recorded in Volume 10, Page 53 of the Map Records of Jefferson County, Texas and the southwest corner of the said 20 acre tract; THENCE North 85 057'32° East along the south line of the said 20 acre tract a distance of 626.20 feet (called North 88°11'00" East)to a point for the southwest comer of the said 1.083 acre tract, the PC of a curve and the POINT OF BEGINNING of the said 1.083 acre tract; THENCE along a north line of the said 1.083 acre tract with a curve to the right having a chord bearing of North 57 019'48" East, a chord distance of 111.35 feet and a radius of 103.00 feet, a distance along the said curve of 117.64 feet to the PT of said curve; THENCE North 87°12'51" East continuing along the said north line of the 1.083 acre tract a distance of 157.49 feet to a point for the PC of a curve; THENCE along a northwesterly line of the 1.083 acre tract with a curve to the left having a chord bearing of North 29 035'39" East, a chord distance of 411.87 feet and a radius of 272.00 feet, a distance along the said curve of 467.23 feet to the PT of said curve; Fittz&Shipman,Inc. Page 1 of 2 Project No. 09048t36RDROW 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 THENCE North 15°13'46"West along a west line of the said 1.083 acre tract a distance of 115.42 feet to a point for the PC of a curve; THENCE continuing along the said west line of the 1.083 acre tract with a curve to the right having a chord bearing of North 05°57'20" East, a chord distance of 89.73 feet and a radius of 103.00 feet, a distance along the said curve of 92.84 feet to a point in the west line of Hillebrandt Bayou, a called 5.532 acre tract (Tract 4) conveyed to Jefferson County Drainage Ditch'No 6 as recorded in Volume 742, Page 212 of the Deed Records of Jefferson County, Texas and the east line of the said 20 acre tract for the north corner of the said 1.083 acre tract from which a DD6 aluminum disc found for the northeast comer of the said 20 acre tract bears North 13 00151"West 165.99 feet (called North 10 054'00"West); THENCE South 13°01'51" East along the said west line of said Hillebrandt Bayou and the said east line of the 20 and 1.083 acre tracts a distance of 18.79 feet to a DD6 aluminum disc found for an angle point; i THENCE South 24°30'49" East continuing along the said west line of Hillebrandt Bayou and the said east line of the 20 and 1.083 acre tracts a distance of 200.45 feet (called South 22 023'00" East 200.60 feet) to a '/" capped iron rod set for an angle point; THENCE South 01 035'05" East continuing along the said west line of Hillebrandt Bayou and the said east line of the 20 and 1.083 acre tracts a distance of 173.22 feet(called South 00 031'00" West 173.30 feet)to a DD6 aluminum disc found for an exterior comer of the said 1.083 acre tract; THENCE South 85 057'32"West along an interior line of the said 1.083 acre tract a distance of 16.34 feet to a point for the PC of a curve; THENCE along a southeasterly line of the said 1.083 acre tract with a curve to the right, having a chord bearing of South 47°05'25"West, a chord distance of 342.60 feet and a radius of 322.00 feet, a distance along the said curve of 361.25 feet to a point in the south line of the said 20 acre tract for the northwest corner of Inwood Place, a plat recorded in Volume 10, Page 172 of the Map Records of Jefferson County, Texas and the southeast corner of the said 1.083 acre tract from which a DD6 aluminum disc found for the southeast.comer of the said 20 acre tract bears North 85 057'32" East 378.24 feet (called North 88 011'00" East); THENCE South 85°57'32" West along the said south line of the 20 and 1.803 acre tracts a distance of 259.04 feet (called South 88°11'00" West)to the POINT OF BEGINNING and containing 1.083 acres of land, more or less. This description is based on a survey made by Fittz& Shipman, Inc. on June 20, 2012. SOFr Walter J. Ksiazek #`�:aEGTfQF9s . Registered Profession Land Surve or No. 5321 f Fittz&Shipman,Inc. WALTER J, K81AZ€ Page 2 of 2 . � Project No. 09048T36RDROW Plat& Description �44,•. 5��; •:� �: NUMBER DIRECTION DISTANCE EXHIBIT "A PAGE 3 OF 3 L1 N 13'01'51" W 165.99 CALLED N 10'54'00" W WINDSOR PLACE, UNIT 2 WINDSOR PLACE L2 S 13'01'51" E 18.79 VOL 12, PG. 53, M.R.J.C. VOL. 10, PG. 183, M.R.J.C. AUDUBON PARK I11 FOUND DD6 CALLED S 10'54'00" E VOL. 9, PG. 138, M.R.J.C. (CALLED N 88'11'00"1049-T?78.89) ALUMNINU L3 S 24'30'49" E 200.45 N 86'00'32" E CALLED S 22'23'00" E 200.60 L4 S 01'35'05" E 173.22 FOUND -Y4" CALLED S 00'31'00" W 173.30 IRON ROD L5 I S 2754'55" E 235.11 CALLED S 25'48'00" E 237.90 FOUND L6 S 85'57'32" W 16.34 NOW OR FORMERLY UMINUM ?Yir o r r MICHAEL D. TANOUS, TRUSTEE DISC !+� c�-10 L7 N 8712 51 E 157.49 a ' " CLERKS FILE NO. 9137796, O.P.R.J.C. U �N y L8 N 15'1346 W 115.42 �, ,r•09 .0�3 co NUMBER DELTA RADIUS ARC CHORD CHORD BEARING �� BEAUMONT ISD r� 7000. O Cl 65'26'17" 103.00 117.64 111.35 N 57'19'48" E ;n (AKA SOUTH PARK ISO) �� N oo J1 " . r C3 VOL. 9136, PG. 36, D.R.J.C. C2 98'2511 272.00 467.23 411.87 N 2935 39 E C3 51'38'35" 103.00 92.84 89.73 N 05'57'20" E o a, (CALLED 20 ACRES) ' M ' C4 64'16'47" 322.00 361.25 342.60 S 47'05'25" W ZC) I SET 1/2" p CA wp I J IRON PPED a° vZ / a SURVEYOR'S CERTIFICATION: 6 FOUND DD6 0 1 DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, Gry� ALUMINUM a THAT THIS IS AN ACCURATE PLAT OF A SURVEY k DESCRIPTION MADE DISC N ON THE GROUND UNDER MY SUPERVISION ON JUNE 20, 2012. COMMENCING POINT POINT OF FND CAPED BEGINNING GNP--L7 �.E OFir IRON ROD 626.20 _ 259_04 �� 378.24 WALTER J. KSIAZEK "b • �Is�"o* ,f _ _ _ w REGISTERED PROFESSIONAL LAN RVEYOR N0. 21 ��Q►F► �N'il�l_ J $ 7 2 1 W INWOOD PLACE> FOREST GLEN 0 WESTGATE ADDI I VOL 10, PG. 172, VOL. 9, PG. 182, It �ALTEwR��.. D.R.J.C. '�,�rMijr M.R.J.C. o J-11 ,�. VOL. 10, PG. 53, M.R.J.C. W p lkzF a FOUND 5/8" d " FOUND DO IRON ROD N 8557 32 E 1263.48 ALUMINUM 0.10 SOUTH (CALLED N 88'11'00" E 1283.47) DISC NOW OR FORMERLY CITY OF BEAUMONT C-) MACK H. BURRIS, JR. 15' UTILITY EASEMENT D mot. CLERKS FILE NO. 2007000289, VOL. 1415, PG. 632, D.R.J.C. 6 O.P.R.J.C. V) to Ln co a FIn ROAD RIGHT-OF-WAY SHEET O. INC. PROJECT NAME: BISD J La a 0 100 00 NOTE: BEARINGS ARE REFERENCED TO THE NAD83, SALLIE CURTIS ELEMENTARY PROJECT N0. j TEXAS STATE PLANE COODINATE SYSTEM, 1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT' TEXAS 0904$ o S L SOUTH CENTRAL ZONE #4204. (409) 832-7238 FAX (409) 832-7303 DATE: 6-26-12 1 TASK 36