HomeMy WebLinkAboutPACKET OCT 30 2012 RICK WITS OrrORTOKITT
BEAUMON*
T • R • E • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 30,2012 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—October 16, 2012
* Confirmation of committee appointments
A) Approve a resolution authorizing the purchase of equipment for use by the Parks and
Recreation Department
B) Approve a resolution authorizing the purchase of seven mowers for use by the Parks and
Recreation Department
C) Approve a resolution authorizing the City Manager to execute an Advance Funding
Agreement Amendment No. 1 with the Texas Department of Transportation for the Hike
&Bike Trail Phase II-Dowlen Road to Major Drive
D) Approve a resolution supporting National Parks for a New Century
E) Approve a resolution authorizing the City Manager to execute all documents necessary to
accept funding from The Texas Department of State Health Services for the Beaumont
Public Health Department's Tuberculosis Elimination Division
F) Approve a resolution authorizing the City Manager to execute all documents necessary
for an affiliation agreement between the City of Beaumont EMS and the University of
Texas Health Science Center
G) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line
Easement located at 4550 North Major Drive
H) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line
Easement located at 2949 College Street
1) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Sanitary
Sewer Easement located at 2949 College Street
J) Approve a resolution authorizing the execution of an Access Easement Agreement
related to the Stagg ROW abandonment
K) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line
Easement located in the abandoned Stagg Drive ROW described in Ordinance
No. 12-064
L) Approve a resolution authorizing the acceptance of a ten foot wide Sanitary Sewer
Easement located in the abandoned Stagg Drive ROW described in Ordinance
No. 12-064
M) Approve a resolution authorizing the acceptance of a ten foot wide General Utility
Easement located across the abandoned portion of Stagg Drive ROW described in
Ordinance No. 12-064
N) Approve a resolution authorizing the City Manager to execute all documents necessary,
specifically including a Memorandum of Understanding between the Beaumont Police
Department and the Department of Public Safety
O) Approve a resolution authorizing the acquisition of property located at 125 Magnolia
A
RICH WITH OPPORTUNITY
BI lu
EAUR�ON*
T - IN e g 0 A • 3 City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider a resolution approving the purchase of
equipment from Luber Bros. of Houston in the amount of
$79,948.60 for use by the Parks and Recreation
Department.
BACKGROUND
Equipment consists of a fairway mower at $48,370.50, a mechanical drive spray vehicle at
$26,599.60 and a fertilizer spreader at $4,978.50. This is specialized equipment to be used to
maintain greens and fairways at the Henry Homberg Golf Course. The fairway mower will
replace unit 4228,which is approximately fifteen(15)years old and has reached the end of its
useful life. The old unit will be disposed of according to City surplus equipment disposal policy.
The spray vehicle will replace a tractor which is too heavy for use on the golf course greens. The
old will be utilized elsewhere by the City. The fertilizer spreader, a pull-behind model, is a new
piece of equipment and light enough for use on greens.
Pricing for the equipment was obtained through BuyBoard, a cooperative purchasing association
providing cities and political subdivisions with the means to purchase specialized equipment at
volume pricing. BuyBoard complies with State of Texas procurement statutes.
Manufacturer's warranty for the mowers is a two(2)year limited warranty. Warranty service is
available from the dealer. Delivery is expected within forty-five(45)days.
FUNDING SOURCE
Capital Reserve Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a fairway mower, mechanical
drive spray vehicle and a fertilizer spreader for use by the Parks and Recreation
Department from Luber Bros., of Houston,Texas, in the amount of$79,948.60 through the
BuyBoard Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
IIEAIIMDN*
T - E o x - A - s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider a resolution approving the purchase of
seven(7) mowers from Exmark Mfg. Co.,Inc. of Beatrice,
Nebraska in the amount of$60,273 for use by the Parks and
Recreation Department.
BACKGROUND
Six of the zero-turn riding mowers will be used to mow boulevards, right-of-ways and ditch
areas maintained by the Parks Division throughout the City. One mower will be used to mow
and maintain the rough areas of the Henry Homburg Golf Course. All of the mowers will
replace older units which have reached the end of their useful lives. The old units will be
disposed of according to City surplus equipment disposal policy.
Pricing for the equipment was obtained through BuyBoard, a cooperative purchasing association
providing cities and political subdivisions with the means to purchase specialized equipment at
volume pricing. BuyBoard complies with State of Texas procurement statutes.
Manufacturer's warranty for the mowers is a three (3) year limited warranty. Warranty service is
available from the local dealer. Delivery is expected within forty-five (45) days.
FUNDING SOURCE
Capital Reserve Fund.
RECOMMENDATION
Approval of the Resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of seven (7) mowers for use by the
Parks and Recreation Department from Exmark Mfg. Co., Inc., of Beatrice, Nebraska, in
the amount of$60,273 through the BuyBoard Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
C
RICH WITH OPPORTUNITY
BEAUMON*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes,City Manager
Q0.
PREPARED BY: Patrick Donart,Public Works Director
MEETING DATE: October 30,2012
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to execute an Advance Funding Agreement Amendment#1
with the Texas Department of Transportation for the Hike&
Bike Trail Phase II—Dowlen Road to Major Drive.
BACKGROUND
The City of Beaumont executed an agreement with the Texas Department of Transportation
(TxDOT)for a Transportation Enhancement project to build a bike-pedestrian facility between
Delaware and Folsom in September 2011. In early 2012,it was deemed our original route would
not work for all parties involved. Staff worked with TxDOT and Drainage District No. 6 to
relocate the route between Dowlen Road and Major Drive.The project is currently in our Capital
Program as the Hike&Bike Trail Phase R—Delaware to Folsom.The proposed Amendment#1
will allow TxDOT to continue their review process of the project and to prepare to bid the project
in 2013.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, on July 26, 2011, the City Council of the City of Beaumont, Texas,
passed Resolution No. 11-206 authorizing the City Manager to execute a Local
Transportation Project Advanced Funding Agreement with the Texas Department of
Transportation (TxDOT) for the Delaware Folsom Multi-Use Connector Project; and,
WHEREAS, in early 2012, it was deemed that the original route would not work for
all parties involved; and,
WHEREAS, Amendment No. 1 is required to allow TxDOT to continue their review
process of the project and to prepare to bid the project in 2013. Amendment No. 1 to the
Advance Funding Agreement is substantially in the form attached hereto as Exhibit"A"and
made a part hereof for all purposes;
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 City Manager be and he is hereby authorized to execute Amendment No.
1 to the Advance Funding Agreement for the purpose of allowing the Texas Department
of Transportation (TxDOT)to continue their review process of the Delaware Folsom Multi-
Use Connector Project and to prepare to bid the project in 2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
CSJ#0920-38-239
District#20-BMT
Code Chart 64#03200
Project: Delaware Folsom Multi-use Connector
Federal Highway Administration
CFDA#20.205
Not Research and Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
AMENDMENT#1
THIS AMENDMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, called the State, and the City of Beaumont, acting by and through its
duly authorized officials, called the Local Government.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on the 1 e day of September,
2011 to effectuate their agreement to extend a multiuse trail creating a scenic pedestrian and bicycle
connection between Folsom and Delaware in northwest Beaumont; and,
WHEREAS, it has become necessary to amend that contract;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties, the State and the Local Government do agree as follows:
AGREEMENT
1. Description of Amended Items
The first paragraph of Article 4 is removed and replaced with:
"The scope of work for the Project, which is shown in Attachment B-1, the Project Location
Map, consists of. extending a mufti-use trail creating a scenic pedestrian and bicycle
connection between Folsom Drive (near Major Drive) and Dowlen Road in northwest
Beaumont."
Attachment B, Project Location Map of the original agreement is deleted in its entirety and
replaced with Attachment B-1 Project Location Map, which is attached to this amendment.
All other provisions of the original contract are unchanged and remain in full force and effect.
AFA—AFA Amend EXHIBIT "A" Revised 04/08/11
CSJ#0920-38-239
District#20-BMT
Code Chart 64#03200
Project: Delaware Folsom Multi-use Connector
Federal Highway Administration
CFDA#20.205
Not Research and Development
2. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT
Signature
Typed or Printed Name
Title
Date
THE STATE OF TEXAS
Janice Muilenix
Director of Contract Services
Texas Department of Transportation
Date
AFA—AFA Amend Page 2 of 3 Revised 04/08/11
CSJ#0920-38-239
District#20-BMT
Code Chart 64#03200
Project: Delaware Folsom Mufti-use Connector
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT B-1
PROJECT LOCATION MAP
i
AFA-4FA Amend Page 3 of 3 Revised 04/08111
D
RICH WITH OPPORTUNITY
BEA[IMON*
T . E . X . A , s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager s
PREPARED BY: Jim Thompson, Director of Management' Operations
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider a resolution supporting National Parks for
a New Century.
BACKGROUND
The National Park Service will celebrate its 100th anniversary in 2016. A coalition of national
organizations that work for the continued enjoyment, enhancement, and support of our national
parks system is taking this opportunity to call for action on the part of all Americans to renew
community support for our nation's parks which have done so much to enrich the lives of visitors
and strengthen local economies across the country.
The National Park Service has collaborated with the National Parks Conservation Association,
National Park Foundation, and National Park Hospitality Association which collectively issued a
Statement of Joint Principles promoting National Parks for a New Century.
The Statement calls for strong, wide-spread, nonpartisan support for our national park properties
and preserving our cultural and natural history for the future. The City may, with the consent of
Council, add its name to the list of cities and organizations that publicly support this effort.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
AMERICA'S
SUMMIT
NATIONAL
PARKS
NATIONAL PARKS FOR A NEW CENTURY:
STATEMENT OF JOINT PRINCIPLES
PURPOSE
America's national parks include some of the most beautiful,majestic and awe-inspiring places on
Earth as well as places commemorating momentous elements of our culture and history. Our parks
embody American values,our national heritage,and our continuing story.The centennial of the
National Park Service in 2016 provides an exceptional opportunity for national leaders to partner
with the American people in restoring,celebrating and visiting our parks and readying the Park
Service to serve our children and grandchildren through the next century.This document outlines
the core principles shared by the national parks community in support of America's national parks
and their owners,the American people.These principles demonstrate broad support for strong
national parks and National Park Service programs and progress through advocacy,service,
philanthropy and partnerships.National Parks and National Park Service programs are both
important to our common heritage.These Principles apply equally to parks and to programs of the
National Park Service as it enters its second century. They are the basis for a Centennial Agenda to
guide action by our political leaders,philanthropists,and park supporters,as we approach the
National Park Service's second century.
JUSTIFICATION
National Parks Create Memories and Honor Our Heritage,History and Cultural Diversity:For
many,visits to national parks and other nationally significant places are the experience of a lifetime.
Our most special places provide all Americans and our guests from other nations the opportunity,
with families and friends,to build lasting memories,to appreciate America's tremendous history,to
explore nature,and to celebrate and learn about our diverse culture.
National Parks Are Economic Engines: By attracting visitors from all over the world and
supporting businesses that boost local economies,national parks provide billions of dollars in
economic benefits,as the ideal marriage of conservation and tourism. National parks are strong
investments in our urban and rural economies,producing a minimum of$4 in benefit for every$1
invested.National parks and programs including national landmarks and historic tax credits sustain
businesses and inspire capital investments that help drive economic vibrancy and stability for
communities,states and regions. Early career employment in parks has shaped millions of lives
and created lasting benefits. And as guardians of our heritage,they are priceless.
Preserving Nature Today Requires New Strategies:National parks have long played a vital role
in protecting our natural wonders. Today,fish and wildlife in our parks face outside threats that
were unforeseen a century ago,jeopardizing the long-term survival of our park wildlife resources.
These threats demand solutions that are large in scope. They require creative partnerships,the
restoration of degraded resources,and policies that create connections to protect habitat and
migration routes,and safeguard the air and water of our national parks.
AMERICA'S
SUMMIT
NATIONAL
PARKS
National Park Service Programs Offer Benefits to Every Corner of Our Nation: Every
community can benefit from National Park Service programs,even if it contains no national park
unit.National Park Service programs help local communities with conservation and revitalization
efforts,leverage billions of dollars in local preservation efforts,help preserve Native American
heritage,and enhance outdoor recreation opportunities for millions of Americans.
The Educational Power of National Parks Is Largely Untapped:National park units,from
Independence Hall to Manzanar to Yellowstone,and from the Statue of Liberty to Thomas Edison's
Laboratory,can serve as outstanding centers of active learning for all ages. Our nation would
greatly benefit by better capitalizing on our national treasures as hands-on classrooms for teaching
the next generation about science,math,civics,literature and American history. Technology can
help bring these lessons to a wide and diverse audience,no matter where they live.
Parks Produce Healthy Communities and Recreational Opportunities:Connecting
communities—urban and rural—to national parks and other protected lands,trails,waterways,
and community green spaces,gives people access to fun,healthy,inspirational outdoor experiences
that add to quality of life and produce physical and mental health benefits. National Park Service
programs can help communities achieve these connections.
National Parks Are America's Storybook:Whether it is the chronicling of our richest historical
moments or the preservation of our greatest natural landscapes,America's national parks,trails,
historic landmarks,and heritage areas contain the chapters of our history and culture. Our
forebears have enabled us to preserve,conserve and protect these treasures and to build upon
them,so that the full fabric of America's diverse story is represented accurately,for present and
future generations.
Excellence in Park Management Builds Value:Our National Parks and their related programs are
highly successful at serving the American people,particularly where the National Park Service has
the ability,training,and resources to encourage innovation,collaboration,and entrepreneurship.
AMERICA'S
SUMMIT
NATIONAL
PARKS
JOINT PRINCIPLES
Together,we call on America's leaders to unite around a Centennial Agenda that engages the
American people in an active partnership to protect and revitalize our national parks,and
encourages them to take advantage of the many opportunities our parks and National Park Service
programs present.This Centennial Agenda should adhere to the following principles:
1. Keep America's Promise to Our Children:We borrow national parks from our children.
As we enjoy today's opportunities to experience our national parks and heritage,we must
also restore,preserve,and protect the parks'air,water,animal and plant life,as well as
cultural and historic landscapes,so future generations can experience them as we do.
2. Protect and Cherish Our Heritage:The National Park Service should have adequate
resources to serve the American people,through basic federal funding,philanthropic giving,
visitor support,and innovative partnerships.National parks and our heritage should be
honored,cherished and cared for,so they may exist for future generations to enjoy.
3. Promote Powerful Partnerships:Our national parks and Park Service programs depend
on powerful,diverse partnerships. Partnerships help achieve conservation goals,propel
visitation,engage youth,preserve cultural heritage,and foster recreation,volunteerism and
public service,healthy lifestyles,sustainable jobs and economic vitality.Support from
partners and volunteers will thrive as long as there is a clear commitment to sustained
federal support for national parks and programs.
4. Evolve with a Changing America:The National Park System and its programs should
continue to evolve and reflect the growing diversity of our nation,increasing urbanization,
and conservation needs in our expanding national community.The National Park Service
and its partners must also reflect this diversity in the faces they project and the creativity,
innovation,and entrepreneurship they summon to preserve our collective heritage.
S. Enhancing our Quality of Life: National parks and their programs help produce healthy
minds and bodies.They should foster connections to communities through trails,
waterways,and other means,facilitated by the National Park Service and partners. They
should be used to teach us,through our visits and in America's classrooms,about our
natural and cultural heritage,and be available for present and future generations to tap as a
reservoir to enhance our enjoyment,health,and quality of life.
6. Deliver Lasting Memories:Families and friends expect to enjoy memorable,outstanding
visits to National Park Service sites.Educational and interpretive programs,lodging and
food,trails and other recreation facilities should be exceptional,park-appropriate and
responsive to visitor needs,and natural and cultural resources should be in the best
possible condition.High quality park experiences should be affordable for all and accessible
both physically and virtually.
RESOLUTION NO.
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City of Beaumont supports a request by the National Park Service to add its
name to the list of cities and organizations that publicly support National Parks for a New
Century which calls for strong, wide-spread, nonpartisan support for our national park
properties and preserving our cultural and natural history for the future.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
E
RICH WITH OPPORTUNITY
BEAUMON*
T • Z • X - A - s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Sherry Ulmer,-Public Health Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider a resolution approving the City Manager to
execute all documents necessary to accept funding from The
Texas Department of State Health Services (DSHS) in the
amount of $20,000.00 awarded to the Beaumont Public
Health Department's Tuberculosis Elimination Division.
BACKGROUND
The Texas Department of State Health Services has awarded the Beaumont Public Health
Department grant funds for the Tuberculosis Elimination Division in the amount of$20,000.00.
This contract supplements the Beaumont Public Health Department's efforts to detect and respond
to Tuberculosis cases through contact investigation,direct observation of medications,initial medical
evaluations, and medical case management. In the past, Region 6/5S received the DSHS contract
and sub-contracted with Beaumont. This is the first year that DSHS is contracting with Beaumont
directly. This contract began 09/01/2012 and ends 08/31/2013.
FUNDING SOURCE
No match is required.
RECOMMENDATION
Approval of the resolution.
CONTRACT NO. 2013-042825
PROGRAM ATTACHMENT NO. 001
PURCHASE ORDER NO.
CONTRACTOR: CITY OF BEAUMONT
DSHS PROGRAM: HSR 6/5S-TBPCHSR
TERM:09/01/2012 THRU: 08/31/2013
SECTION I. STATEMENT OF WORK:
To ensure Contractor is prepared for cases of tuberculosis and able to detect and contain disease
outbreaks and sustains local public health infrastructure and maintenance of effort at the local level
for provision of services in its jurisdiction that prevent and control tuberculosis,including medical,
educational and public health services for individuals who have or who are suspected of having
active tuberculosis (TB)or latent TB infection (LTBI).
Contractor shall:
• Provide directly observed therapy (DOT), and/or directly observed preventive therapy
(DOPT);
• Conduct initial medical evaluation for TB classifications 1, 2 and 4 (LTBI) as defined by
Centers for Disease Control and Prevention;
• Conduct initial medical evaluations for TB classifications (suspects and cases) 3 and 5 as
defined by Centers for Disease Control and Prevention;
• Conduct follow-up medical evaluations;
• Conduct contact investigations for individuals with infectious TB or who are suspected of
having infectious TB; and
• Provide case management for patients with active TB or those who are suspected of having
active TB (classifications 3 and 5).
Medical and case management services shall be provided by a registered nurse and/or licensed
vocational nurse. Contractor shall also provide technical assistance and education to the community,
health care providers and correctional facilities as requested or needed to prevent and control
tuberculosis in jurisdiction.
TB cases and suspects are to be reported to the DSHS Health Service Region 6/5 within one (1)
working day and submitted on correctly completed Forms TB 400A and 400B within one(1)week.
Contact investigations are to be reported to the DSHS Health Service Region 6/5 within one (1)
week after the first round of TB testing is completed on correctly completed Form TB 340.
All TB reports are to be sent via facsimile to:
DSHS Health Service Region 6/5 TB Program
TB Elimination Program
5425 Polk Street Suite J
PROGRAM ATTACHMENT—Page I
Houston,Texas 77023
Fax number: (713)-767-3435
Contractor shall follow the standards of care developed by DSHS for Standing Delegation Orders
(SDOs). Contractor SDOs may be modified to reflect local needs or issues,but shall be based on
DSHS SDOs. Contractor shall consult with the DSHS Health Service Region 6/5 regarding care for
patients as specified in the SDOs and regarding care for patients who are not compliant with their
treatment.
Contractor shall submit a biannual report (due on January 15 and June 15) in a format such as
provided in Exhibit A and approved by DSHS.
Contractor shall provide appropriate services to patients who present with the signs and symptoms of
active tuberculosis(TB)or latent TB infection(LTBI)and to contacts of cases with LTBI in order to
prevent and control tuberculosis in local jurisdiction.
DSHS will:
• Reimburse Contractor as indicated under Section 11. Billing Instructions of this Program
Attachment and provide instructions and reporting forms for providing tuberculosis services.
• Provide technical assistance and contract monitoring activities during the contract term.
• Provide Purified Protein Derivative(PPD),syringes to conduct TB skin tests,approved anti-
tuberculosis medications,laboratory services for sputum testing and liver function studies,
and physician consultation for TB and LTBI patients.
The Parties agree to comply with all applicable federal and state statutes and rules.
SECTION II. PERFORMANCE MEASURES:
The following performance measures will be used to assess, in part, Contractor's effectiveness in
providing the deliverables and without waiving the enforceability of any of the other terms of the
Contract.
Performance Measures are specified in the attached Exhibit A of the contract attachment.
SECTION III. SOLICITATION DOCUMENT: Exempt—Government Entity
SECTION IV. RENEWALS: This Contract may be renewed for up to three additional one-year
term(s) of a four-year period in the sole discretion of DSHS.
SECTION V. PAYMENT METHOD: Cost Reimbursement
SECTION VI. BILLING INSTRUCTIONS:
Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and
include acceptable supporting documentation of the required services/deliverables if indicated in the
PROGRAM ATTACHMENT—Page 2
attached Exhibit A. Vouchers and supporting documentation can be faxed to Claims Processing Unit
at(512)458-7442. The email address is invoices@ dshs.state.tx.us.
Invoices and supporting documentation shall be submitted to the following address:
Department of State Health Services
Fiscal Claims Processing Unit
P.O. Box 149347,MC 1940
Austin, Texas 78714-9147
SECTION VII. BUDGET:
DUNS NUMBER: 073901118
SOURCE OF FUNDS: State
Total payments will not exceed$20,000.00
SECTION VIII. SPECIAL PROVISIONS:
General Provisions, Funding Article III, Use of Funds Section 3.03, is amended to include the
following:
Funding from this Program Attachment shall not be used to supplant(i.e.,used in place of funds
dedicated, appropriated or expended for activities funded through this Contract) state or local
funds,but Contractor shall use such funds to increase state or local funds currently available for a
particular activity. Contractor shall maintain local funding at a sufficient rate to support the local
program. If the total cost of the project is greater than DSHS' share set out in SECTION VII.
BUDGET,Contractor shall supply funds for the remaining costs in order to fully accomplish the
objectives set forth in this Contract.
All revenues directly generated by this Contract or earned as a result of this Program Attachment
during the term of this Program Attachment is considered program income, including income
generated through Medicaid billings for TB related clinic services. Contractor may use the
program income to further the scope of work detailed in this Program Attachment,and must keep
documentation to demonstrate such to DSHS's satisfaction. This program income may not be
used to take the place of existing local, state,or federal program funds.
General Provisions, Payment Methods and Restrictions Article IV, Financial Status Reports
Section 4.05, is amended to include the following:
Quarterly Financial Status Reports(Form 269A)from Contractor shall be provided to DSHS in
the format provided by the DSHS. These reports shall be mailed to Texas Department of State
Health Services,Attention:Accounting Section,Claims Processing Unit, 1100 West 49th Street,
PROGRAM ATTACHMENT—Page 3
Austin,Texas 78756. One(1)copy of each quarterly financial status report shall be mailed to the
Texas Department of State Health Services,Attention: David Godwin, Mail Code 1960, 5425
Polk St.Suite J,Houston,Texas 77053. These reports shall be submitted on a quarterly basis as
follows:
PERIOD COVERED DUE DATE
September,October,November,2012 December 31, 2012
December,January, February,2013 March 31, 2013
March,April,May, 2013 June 30, 2013
June,July,August, 2013 October 31,2013
PROGRAM ATTACHMENT—Page 4
2013-042825-001
Categorical Budget:
C t CTUAC $0.00
TOTAL $20,000.00
CONTRACTOR OR .' At $0.00
Total reimbursements will not exceed $20,000.00
Financial status reports are due: 12/30/2012, 03/30/2013, 06/29/2013, 09/28/2013
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary to accept funding in the amount of$20,000.00 from the Texas Department of
State Health Services (DSHS) for the Tuberculosis Elimination Division.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
BEAUMON*
T • E • X • A • 8 City Council Agenda Item
TO: City Council
FROM: Kyle Hayes,City Manager
PREPARED BY: Sherry Ulmer' , Public Health Director
MEETING DATE: August 30, 2012
REQUESTED ACTION: Council consider a resolution approving the City Manager to
execute all documents necessary for the affiliation agreement
between The City of Beaumont EMS and The University of
Texas Health Science Center at San Antonio.
BACKGROUND
The University of Texas Health Science Center at San Antonio is requesting an agreement with
the City of Beaumont's Emergency Medical Services to provide clinical experience to its
students majoring in the field of Emergency Medical Technology.
The responsibilities of The University of Texas Health Science Center at San Antonio will
include but not be limited to the following:
-provision of classroom theory;
-preparation of student assignments;
- continuous communications with Beaumont EMS regarding student performance; and
- supervision on students.
-procure and maintain throughout the term of agreement professional liability insurance
The responsibilities of Beaumont EMS will include but not be limited to the following:
- acceptance and reasonable orientation of students;
-coordination of the college's assignment schedule;
- assist college in evaluation of each student;
- designation of an individual to serve as liaison with the college;
-provision of reasonable opportunities for students to observe and assist in various aspects of
patient care; and
-remain ultimate control of responsibility of patient care.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents necessary
to enter into an affiliation agreement between the City of Beaumont EMS Division and the
University of Texas Health Science Center at San Antonio for the sole purpose of clinical
experience and education under the supervision of the Beaumont EMS Division.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
G
RICH WITH OPPORTUNITY
BEAUMON*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten
foot(10')wide Exclusive Water Line Easement.
BACKGROUND
Stoneleigh Homsar Apts. Ltd. has agreed to convey a ten foot(10')wide exclusive Water Line
Easement to the City of Beaumont. The easement is described as being a 0.3084 acre tract out of
Lot 2 and a portion of Lot I of the replat of Stoneleigh located at 4550 North Major Drive.
The water line easement is for the development of phase 2 apartment complex.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, Stoneleigh Homsar Apts., Ltd., has agreed to convey a ten (10) foot
wide exclusive water line easement, said easement being a 0.3084 acre tract out of Lot 2
and a portion of Lot 1A of the replat of Stoneleigh located at 4550 North Major Drive, as
described in Exhibit"A"and shown on Exhibit"B,"attached hereto, to the City of Beaumont
for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or
removing water lines and appurtenances to facilitate the development of Stoneleigh Homsar
Apartments Phase II; 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 Stoneleigh Homsar Apts., Ltd, as described in
Exhibit"A" and shown on Exhibit"B," be and the same is hereby, in all things, accepted for
the stated purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
Fittz&Shipman
INC.
Consulting Engineers and Land Surveyors
Ronald D. Fittz, P.E.,P.P.L.S.(1948-1987) Donald R. King, P.E.
Terry G.Shipman,P:E.,Chairman Walter J. Ksiazek, R.P.L.S.
Billy J.Smith,Jr., President
EXHIBIT "A",PAGE 1 OF 3
CENTERLINE DESCRIPT)ON
FOR A 10' WIDE EXCLUSIVE
WATER LINE EASEMENT
OUT OF LOT 2 AND A PORTION OF LOT 1A
OF THE REPLAT OF STONELEIGH
JEFFERSON COUNTY, TEXAS
SEPTEMBER 4,2012
That certain centerline description for a 10' wide exclusive water line easement, 5' on each side
of centerline, out of Lot 2 and a portion of Lot 1A of the Replat of Stoneleigh, a plat recorded in
Clerks File No. 2010014601 of the Official Public Records of Jefferson County, Texas, said
centerline being more particularly described by courses and distances as follows:
Note: The Basis of Bearings is the south line of said Lot 2 having been called South 87°09'40"
West 673.79 feet.
COMMENCING at a capped iron rod found in the in the westerly line of a called 4.417 acre tract
conveyed to Jefferson County, Drainage District No. 6 as recorded in Clerks File No.
2008000947 of the Official Public Records of Jefferson County, Texas for the east corner of Lot
1A of said Replat of Stoneleigh and the north corner of said Lot 2;
THENCE South 40°32'30" West along the common line of said Lots 1A and 2 a distance of
90.47 feet (called South 40°35'54" West) to a point for the Point of Termination of Tap F of an
existing 10' wide water line easement recorded in Clerks File No. 2010042222 of the Official
Public Records of Jefferson County, Texas and for the POINT OF BEGINNING of the said
centerline from which a capped iron rod found for a common corner of said Lots 1A and 2 bears
South 40 032'30"West 343.30 feet (called South 40 035'54"West);
THENCE along the said centerline of the 10' wide exclusive water line easement with the
following courses and distances:
South 49 024'06" East a distance of 168.49 feet to an angle point for the POINT OF
BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears South
40 035'54"West 23.47 feet;
South 40 037'58" East a distance of 228.24 feet to an angle point;
South 02°50'20" East a distance of 86.40 feet to an angle point;
Fittz&Shipman,Inc.
Page 1 of 2
Project No. 12041 WtrEsmtPhase2
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"
r
EXHIBIT "A", PAGE 2 OF 3
South 87°09'40"West, at a distance of 65.75 feet pass a point for the POINT OF
BEGINNING of TAP B from which the POINT OF TERMINATION of said TAP B bears South
02°50'20" East 19.67 feet, at a distance of 376.45 feet pass a point for the POINT OF
BEGINNING of TAP C from which the POINT OF TERMINATION of TAP C bears South
02°50'20" East 18.94 feet, and continuing a total distance of 497.03 feet to an angle point in
said Lot 1A for the POINT OF BEGINNING of TAP D from which the POINT OF TERMINATION
of said TAP D bears South 87 009'40" West 51.04 feet to the east line of the said existing 10'
wide water line easement;
THENCE along the said centerline of the 10' wide exclusive water line easement with the
following courses and distances:
North 02 050'20" West a distance of 27.92 feet to an angle point;
North 40°35'54" East a distance of 216.26 feet to an angle point;
North 50°26'38" West a distance of 25.02 feet to a point for the POINT OF
TERMINATION of the said centerline.
This Centerline Description is based on a survey performed by Fittz & Shipman, Inc. on June
21, 2012.
Walter J. Ksiazek �P�E OF•r�fi
Registered Professional Land Surveyor No. 5321 *5,.�p�s T F"q'••••yJ '�
..NO..............1.•......•�.•'•.'
WALTER J.KSIAIEk
**-%...................
s9 5321 ....v:,.....
�.
t'0�E8 s►0:�''
SURVO
Fittz&Shipman,Inc.
Page 2 of 2
Project No. 12041 WtrEsmtPhase2
Plat& Description
NUMBER DELTA RADIUS ARC CHORD CHORD BEARING \\ COMMENCING
NUMBER s EXHIBIT "A", PAGE 3 OF 3
C1 132'50'22" 50.00 115.92 91.65 N 02'50'20' W BEGINNING �� CAPPED s�9 .9�*
CALLED 132'50'37' 50.00 115.93 91.65 N 02'50'20'W
CENTERLINE IRON ROD
C2 26'50'55" 1150.00 538.88 533.97 S 35'59'06' E 10' WIDE kA
CALLED 28'49'36' 1150.00 536.46 533.55 S 35'58'33' E EXCLUSIVE 0� E`
WATER LINE SET
CAPPED
NUMBER DIRECTION DISTANCE EASEMENT /� IRON ROD
L1 S 49'2406" E 168.49
L2 S 40'37'58 E 228.24 LOT 1 A
o.
L3 S 02'50'20" E 86.40
e v
L4 S 87'09'40' W 497.03 I �,.� Q•� .�,�
o
L5 N 02'50'20" W 27.92 ( ao�4,' y'°. POINT OF 0 50 0
L6 N 40'35'54' E 216.26 TERMINATION��ry o ry g_
�4,��` � "s
L7 N 50'26'38' W 25.02 CENTERLINE Ep s A L t
LS d 5 10' WADE TAP A
L S 4035'54 W 23.47 ,,F3'o �` t—
L9 S 02'50'20" E 19.67
FOUND EXCLUSIVE oQsibos m
L10 S 02'50'20" E 18.94 I 5 / CAPPED WATER LINE Fb a a y
L11 S 87'09'40" W 51.04 I � IRON R� !�EASEMENT \�\� *�`� 'x y x
a`
th
to
°3 lab LOT 2
N /
CENTERLINE \�
10' WIDE EXCLUSIVE
WATER LINE EASEMENT,
° FOUND 5' EACH SIDE OF CENTERLINE I J
n �Z IRON ROD
IL L—_ J L L4 J
SURVEYOR'S ceanFlcanoN: TAP D 120.58 _°W 310.70 ,� 65.7
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF,
THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE I ti 7JTAP C TAP B
ON THE GROUND UNDER MY SUPERVISION ON JUNE 21, 2012.
LOT 1 A rw a SET
CAPPED
04 ws FOUND S 67'09'40' W 673,79 IRON ROD
2§ CAPPED REMAINDER OF (CALLED S 87'09'40' W 673.79)
WALTER J. KSIAZEK OF 2§tq$ IRON ROD (BASIS OF BEARINGS)
REGISTERED PROFESSIONAL 0 SURVEYOR 0. 5321 ,`QfO%STEq•�'4s <o
LAKE BEAU, L.L.P.
W WN CLERKS FILE NO. 2005038617 O.P.R.J.C.
E-,Qci (CALLED 28.787 ACRES)
WALTER J.�fKSIAZEK
.••Y....• 5321 vM• I Q-,' x
:9 aJ �, a
���°'�„ °�o• Fi�hipman 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET ND.
'' e8S Q 3
*o SURNE �• PROn= NAM: LOT 2 AND A PORTION OF LOT 1A
REPLAT OF STONELEIGH
1405 CORNERSTONE COURT, BEAUMONT, TEXAS CLERKS FILE NO. 2010014601, OPRJC PROJECT NO.
0:\PROJECTS\12041 Stonelelgh Apts Ph 2\Sur"Al2041T04WtrEsmt.dwg Sep 06, 2012 02:31pm (409)832-7238 FAX(409)832-7303 BEAUMONT. TEXAS DATE:B-30-12 12041T4
H
RICH WITH OPPORTUNITY
BEAUMON* Ci Council A enda Item
T .E % . A S g
TO: City Council
FROM: Kyle Hayes, City Manager
Qom.
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten
foot(10')wide Exclusive Water Line Easement.
BACKGROUND
Mike Enterprises, Inc. and the Singla Family Limited Partnership has agreed to convey a ten foot
(10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described
as being a 0.1333 acre tract out of Lot 1 through Lot 7, Block 39, and part of an abandoned
portion of Quincy Street and a 20' wide alley, Cartwright Terrace Addition located at 2949
College Street. The water line easement is for the development of new shopping center.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, Mike Enterprises, Inc. and Singla Family Limited Partnership have
agreed to convey a ten (10)foot wide exclusive water line easement, said easement being
a 0.1333 acre tract out Lots 1 through Lot 7, Block 39, and part of an abandoned portion
of Quincy Street and a 20'wide alley, Cartwright Terrace Addition located at 2949 College
Street, as described in Exhibit"A" and shown on Exhibit"B,"attached hereto, to the City of
Beaumont for the purpose of placing, constructing, operating, repairing, rebuilding,
relocating and/or removing water lines and appurtenances to facilitate the development of
a new shopping center; 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 Mike Enterprises, Inc. and Singla Family Limited
Partnership, as described in Exhibit "A" and shown on Exhibit "B," be and the same is
hereby, in all things, accepted for the stated purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
EXHIBIT"A"
0.1333 ACRE OF LAND
FOR WATER LINE EASEMENT PURPOSES
OUT OF AND A PART OF
BLOCK 39, CARTWRIGHT TERRACE ADDITION,
CITY OF BEAUMONT,
JEFFERSON COUNTY,TEXAS
BEING 0.1333 acre of land. for exclusive waterline easement purposes out of and a part
of Lots 1 through 7, Block 39, and part of an abandoned portion of Quincy Street and a
20' wide alley, recorded in File No. 1999020636, Official Public Records, Jefferson
County, Texas, in the Cartwright Terrace Addition, City of Beaumont, recorded in
Volume 3,Page 147,Map Records,Jefferson County,Texas;being part of a tract of land
conveyed to Mike Enterprises, Inc. and The Singla Family Limited Partnership, recorded
in File No. 2009005007, Official Public Records, Jefferson County, Texas; said 0.1333
acre tract being more fully described by metes and bounds as follows,to wit:
COM tNCING at a 1/z" steel rod, capped and marked "SOUTEX", set for the
Southeast comer of said Mike Enterprises, Inc. and The Singla Family Limited
Partnership tract on the intersection of the North right of way line of a dedicated road
name Gilbert Street and the West line' of a 20' wide alley; having a State Plane
Coordinate of N: 13967949.35,E: 3512871.06
THENCE, South 86 deg., 42 min., 01 sec., West, (Plat Bearing assumed West), on the
North right of way line of said Gilbert Street, same being the South line of said Mike
Enterprises, Inc. and Singla Family Limited Partnership tract, a distance of 359.40' to a
point for corner being the POINT OF BEGINNING and Southeast comer of the herein
described tract;having a State Plane Coordinate of N: 13967928.66,E: 3512512.26;
THENCE, South 86 deg., 42 min., 01 sec., West, continuing on the North right of way
line of said Gilbert Street, same being the South line of said Mike Enterprises, Inc. and
The Singla Family Limited Partnership tract, a distance of 10.00' to a point for corner;
from which a %" steel rod, capped and marked "SOUTEX", set for the Southeast corner
of said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract on the
Easterly line of an Atchison, Topeka,and Santa Fe Railroad 100' wide right of way bears
South 86 deg.,42 min., 01 sec.,West,a distance of 126.29';
THENCE, North 03 deg., 12 min., 24 sec., West, a distance of 137.77' to a point for
corner on the Easterly line of said railroad right of way, same being the Westerly line of
said Mike Enterprises,Inc. and The Singla Family Limited Partnership tract;
THENCE,North 39 deg., 15 min.,42 sec.,East,on the Easterly line of said railroad right
of way, same being the Westerly line of said Mike Enterprises, Inc. and The Singla
Family Limited Partnership tract, a distance of 270.36' to a V" steel rod, capped and
marked "SOLtTEX", set on the intersection of the Easterly line of said railroad right of
way and the South right of way line of a dedicated road named College Street; said '/2"
steel rod being the Northwest corner of said Mike Enterprises, Inc. and The Singla
Family Limited Partnership tract and the Northwest corner of the herein described tract;
THENCE, North 86 deg., 40 min., 47 sec., East, on the South right of way line of said
College Street, same being the North line of said Mike Enterprises, Inc. and The Singla
Family Limited Partnership tract, a distance of 13.58' to a point for corner; from which a
EXHIBIT "A"
Y2" steel rod, capped and marked "SOUTEV, set for the Northeast corner of said Mike
Enterprises, Inc. and The Singly Family Limited Partnership tract bears North 86 deg.,40
min.,47 sec.,East,a distance of 172.73';
THENCE, South 39 deg., 15 min.,42 sec., West, 10' Southeasterly of and parallel to the
Easterly line of said railroad right of way,a distance of 260.73' to a point for corner;
THENCE, North 86 deg., 47 min., 09 sec., East, a distance of 167.09' to a point for
corner;
THENCE, South 03 deg., 12 min., 51 sec., East, a distance of 10.00' to a point for
comer;
THENCE, South 86 deg., 47 min., 09 sec., West, a distance of 177.17' to a point for
corner;
THENCE, South 03 deg., 12 min.,24 sec.,East,a distance of 134.88' to the POINT OF
BEGINNING and containing 0.1333 acre of land,more or less.
Note. Bearings, distances, acreage and coordinates shown are based on State Plane.
Coordinate Grid System, Texas-South Central Zone, NAD 83, Scale Factor =
0.999949171, Convergence Angle is 02 deg., 23 min., 32 sec. Reference monument is
NOS AJ 8221
This description is based on the Land Survey made by Anthony M. Leger, Registered
Professional Land Surveyor No. 5481,on October 2,2012.
City of Beaumont
LS-12-0293E
LINE TABLE NOTES: 0 100
t. COORDINATES, BEARINGS, DISTANCES &
LINE NO. BEARING DISTANCE ACREAGE SHOWN ARE BASE ON STATE
PLANE COORDINATE GRID SYSTEM,
Lt S 86'42'01" W 10.00' TEXAS-SOUTH CENTRAL ZONE NAD 83. SCALE: 1" = 100
SCALE FACTOR: 0.999949171,
L2 N 03'12'24" W 137.77' CONVERGENCE ANGLE: 2"23'32',
REFERENCE MONUMENT NGS AJ8221
L3 N 39`15'42" E 270.36' 2. METES AND BOUNDS DESCRIPTION TO
ACCOMPANY SURVEY OF EVEN DATE.
L4 N 86'40'47" E 13.58'
L5 S 39'1542" W 260.73'
L6 N 86'47'09" E 167.09'
L7 S 03'12'51" E 10,00'
L8 S 86.47'09" W 177.1 r
L9 S 0372'24" E 134.88' COLLEGE STREET
( R.O.W. VARIES ) ASPHALT PAVEMENT
L10 N 03'37'15" w 60.00' L4 SOUTH R.
0.1333 LINE
N 86'40'47" E 172.73 —
0.1333 ACRE OF LAND
PART OF LOTS 1,2,4,7 do THE -- -- — —
ABANDONED ALLEY, BLK. 39 I I
CARTWRIGHT TERRACE ADDITION < z �3
JEFFERSON COUNTY, TEXAS
Uc; ^ W Li
fral/ N Z W N V1
6 gs I W�31
/ PaQ ( J P — � r', _ _ _
Q oQ4 L84 '` 0
W y ,/0 I O
�e o. e° � y y e
j N 6 PLAT BEARING ASS'l1359 WEST 1 I S 8160.0 9" W
S 86 42'01" W 359.40'NORTH R.O.W. LINE f (tea_ f 160.03'
Ll
S 86.42'01' W L1 POINT 0—F ^_POINT OF
126.29' BEGINNING GILBERT STREET COMMENCING o
N:13967928.66 FORMERLY 'WASHINGTON STREET" N:13967949.35 =i
/ -7— E:3512512.26 ( 60' R.O.W. ) E:3512871.06
47 1 �S 86'4436" W 459.6; —
M
C14 FOUND 1" FOUND 1/2" I
cl, STEEL PIPE L i N:13967872-52 LLJ �6 N:139678983.63
Li ( E:3512575.72 ( J� 3 G E:3513034.62
cn ( >-
N 0� 8 L C K 35� 1 I
N
N
t = SET 1/2' STEEL ROD CAPPED "SOUTEX"
3 p - POINT FOR CORNER
N
v EXCLUSIVE WATER LINE EASEMENT — 0.1333 ACRE OF 12-0293E
3737 Dodcws W" LAND. PART OF LOTS 1.2,4.7 do THE ABANDONED
1" _ 100'
Port Arthur.Tomas 77642 ALLEY AND QUMiCY STREET, BLK. 39, CARTWRIGHT +
a ToL409.933.2004 TERRACE ADDITION. VOL 3. PG. 147, 10 1 12
MAP RECORDS JEFFERSON COUNTY TEXAS awe er
e SURVEYORS&fN Fax 409.983.2005 CITY OF BEAUMONT T. CHASE
> srn,te�uveyorienm/5
T9.P.E FIRM 755
801 MAIN STREET, SUITE 200 AA�L
/.
X
T• LS.fVtM P0123M cam BEAUMONT. TEXAS 77704
EXHIBIT "B"
RICH WITH OPPORTUNITY
BEAUMON*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
QO,
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten
foot(10')wide Exclusive Sanitary Sewer Easement.
BACKGROUND
Mike Enterprises, Inc. and the Singla Family Limited Partnership has agreed to convey a ten foot
(10')wide exclusive Sanitary Sewer Easement to the City of Beaumont. The easement is
described as being a 0.0370 acre tract out of and part of an abandoned 20' wide alley in Block
39, Cartwright Terrace Addition located at 2949 College Street. The sanitary sewer easement is
for the development of new shopping center.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, Mike Enterprises, Inc. and Singla Family Limited Partnership have
agreed to convey a ten (10) foot wide sanitary sewer easement, said easement being a
0.0370 acre tract out of and a part of an abandoned 20' wide alley in Block 39, Cartwright
Terrace Addition located at 2949 College Street, as described in Exhibit"A" and shown on
Exhibit "B," attached hereto, to the City of Beaumont for the purpose of placing,
constructing, operating, repairing, rebuilding, relocating and/or removing sanitary sewer
lines and appurtenances to facilitate the development of a new shopping center; 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 Mike Enterprises, Inc. and Singla Family Limited
Partnership, as described in Exhibit "A" and shown on Exhibit "B," be and the same is
hereby, in all things, accepted for the stated purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
EXHIBIT"A"
0.0370 ACRE OF LAND
FOR SANITARY SEWER EASEMENT PURPOSES
OUT OF AND A PART OF BLOCK 39,CARTWRIGHT TERRACE ADDITION,
CITY OF BEAUMONT,
JEFFERSON COUNTY,TEXAS
BEING 0.0370 acre of land for exclusive sanitary sewer easement purposes out of and a
part of an abandoned alley in Block 39,recorded in File No. 1999020636, Official Public
Records,Jefferson County,Texas,in the Cartwright Terrace Addition,City of Beaumont,
recorded in Volume 3, Page 147, Map Records, Jefferson County,Texas; being part of a
tract of land conveyed to Mike Enterprises, Inc. and The Singla Family Limited
Partnership,recorded in File No. 2009005007,Official Public Records, Jefferson County,
Texas; said 0,0370 acre tract being more fully described by metes and bounds as follows,
to wit:
COMMENCING at a '/2". steel rod, capped and marked "SOUTEX", set for the
Southeast corner of said Mike Enterprises, Inc. and The Singla Family Limited
Partnership tract on the intersection of the North right of way line of a dedicated road
named Gilbert Street and the West line of a 20' wide alley; having a State Plane
Coordinate of N: 13967949.35,E: 3512871.06;
THENCE, South 86 deg., 42 min., 01 sec., West (Plat Bearing assumed West), on the
North right of way line of said Gilbert Street, same being the South line of said Mike
Enterprises, Inc. and The Singla Family Limited Partnership tract, a distance of 343.49'
to a point for corner being the POINT OF BEGINNING and Southeast comer of the
herein described tract; having a State Plane Coordinate of N: 13967929.58, E:
3512528.14;
THENCE, South 86 deg., 42 min., 01 sec.,.West, continuing on the North right of way
line of said Gilbert Street, same being the South line of said Mike Enterprises, Inc. and
The Singla Family Limited Partnership tract, a distance of 10.00' to a point for corner
being the Southwest corner of the herein described tract; from which a 1/2" steel rod,
capped and marked "SOUTEX", set for the Southeast corner of said Mike Enterprises,
Inc. and The Singla Family Limited Partnership tract on the Easterly line of an Atchison,
Topeka and Sante Fe Railroad 100' wide right of way bears South 86 deg., 42 min., 01
sec., West,a distance of 142.20';
THENCE, North 03 deg., 00 min., 44 sec., West, a distance of 155.70' to a point for
corner on the Easterly line of said railroad right of way, same being the Westerly line of
said Mike Enterprises, Inc. and The Singla Family Limited Partnership tract; said point
for corner being the Northwest corner of the herein described tract;
THENCE,North 39 deg., 15 min.,42 sec.,East,on the Easterly line of said railroad right
of way, same being the Westerly line of said Mike Enterprises, Inc. and The Singla
Family Limited Partnership tract, a distance of 14.87' to a point for corner being the
Northeast corner of the herein described tract; from which a 1/2" steel rod, capped and
marked "SOUTEX", set for the Northwest corner of said Mike Enterprises, Inc. and The
Singla Family Limited Partnership tract on the intersection of the Easterly line of said
railroad right of way and the South right of way line of a dedicated road named College
Street bears North 39 deg., 15 min.,42 sec.,East,a distance of 231.16';
EXHIBIT "A"
i
THENCE, South 03 deg., 00 min.,44 sec.,East,a distance of 166.65'to the POINT OF
BEGINNING and containing 0.0370 acre of land,more or less.
Note: Bearings, dtstances, acreage and coordinates shown are based on State Plane
Coordinate Grid System, Texas-South Central Zone, NAD 83, Scale Factor =
0.949949171, Convergence Angle is 02 deg., 23 train., 32 sec. Reference Monument is
NGS AJ8221.
This description is based on the Land Survey made by Anthony M. Leger, Registered
Professional Land Surveyor No. 5481,on October 2,2012
City of Beaumont
LS-12-0293E2
c
NOTES: 0 100
LINE TABLE 1. COORDINATES, BEARINGS, DISTANCES do
ACREAGE SHOWN ARE BASE ON STATE
LINE NO. BEARING DISTANCE PLANE COORDINATE GRID SYSTEM,
L1 S 86'42'01" W 10,00' TEXAS-SOUTH CENTRAL ZONE NAD 83. SCALE: 1" = 100'
SCALE FACTOR: 0.999949171,
L2 N 0300'44" W 155.70' CONVERGENCE ANGLE: 223'32",
REFERENCE MONUMENT NGS AJ8221
L3 N 39'15'42" E 14.87' 2. METES AND BOUNDS DESCRIPTION TO
ACCOMPANY SURVEY OF EVEN DATE.
l4 S 03'00'44" E 166.65'
L5 N 03'37'15" W 60.00'
COLLEGE STREET
( R.O.W. VARIES ) ASPHALT PAVEMENT
_ SOUTH R.O.W LINE _
—N 86'40'47" E 186.31'
0.0370 ACRE OF LAND
PART OF THE —
ABANDONED ALLEY. BLK. 39
CARTWRIGHT TERRACE ADDITION ti�1 I �o
JEFFERSON COUNTY, TEXAS 4: 5 b � _ -'x s a
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EXHIBIT "B"
RICK WITH OPPORTUNITY
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T . E . X . A . S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes,City Manager
PREPARED BY: Patrick Donart,Public Works Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider a resolution authorizing the execution of an
Access Easement Agreement related to the Stagg ROW
abandonment.
BACKGROUND
Pursuant to the requirements of the Stagg ROW abandonment, it is necessary for HEB Grocery
Company, LP and Baptist Hospital of Southeast Texas to grant an access agreement and a
temporary construction easement with the City of Beaumont to allow access for emergency
response vehicles on the Turn-Around area which is on certain portions of parcels owned by the
HEB Grocery Company, LP and Baptist Hospitals of Southeast Texas at the terminus of Stagg
Drive.
The access easement areas are described as being a 0.0148 acre tract out of the David Brown
Survey, Abstract 5, being out of a 10.2334 acre tract conveyed to Baptist Hospital of Southeast
Texas and a 0.0211 and 0.0799 acre tracts out of the David Brown Survey, Abstract 5 being out
of a 16.9617 acre tract conveyed to Baptist Hospital of Southeast Texas. The temporary
construction easement areas are described as a 0.1274 acre tract out of the David Brown Survey,
Abstract 5, being a portion of Stagg Drive.
HEB Grocery Company, LP will maintain and repair its respective portion of the property,
including the portion of the Turn-Around Area at its sole cost and expense. The access easement
agreement is for the development of a new grocery store.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
i
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to enter into a Access Easement
Agreement with HEB Grocery Company, LP and Baptist Hospital of Southeast Texas to
allow access for emergency response vehicles on the Turn-Around area which is on certain
portions of parcels owned by the HEB Grocery Company, LP and Baptist Hospitals of
Southeast Texas at the terminus of Stagg Drive.The agreement is substantially in the form
attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
ACCESS EASEMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This Access Easement Agreement (this"Easement Agreement") is entered into effective
as of the day of ,_2012, by and between HEB Grocery Company, a
Texas limited partnership ("HEB"), Baptist Hospitals of Southeast Texas, a Texas non-profit
corporation(the"Hospital"),and the City of Beaumont(the"City").
WHEREAS, HEB is the Owner of that certain approximately 2.474 acre parcel of real
property, located to the north of Stagg Drive, in the City of Beaumont, Jefferson County,Texas,
as more particularly described on Exhibit A attached hereto and made a part hereof for all
purposes (the"HEB Parcel");
WHEREAS, the Hospital is the Owner of that certain 14.6 acre parcel of real property,
located to the north and south of Stagg Drive, in the City of Beaumont, Jefferson County,Texas,
as more particularly described on Exhibit B attached hereto and made a part hereof for all
purposes(the"Hospital Parcel");
WHEREAS, the City has requested and HEB and the Hospital have agreed to grant
{ certain easements for access for emergency response vehicles on the Turn-Around Area (as
defined below) on certain portions of the HEB Parcel and Hospital Parcel at the terminus of
Stagg Drive, as more particularly set forth in this Easement Agreement;
WHEREAS, HEB has agreed to construct such Turn-Around Area, at NEB's sole cost
and expense, and the City and the Hospital have agreed to grant to HEB certain temporary
construction easement on the right-of-way of Stagg Drive and certain portions of the Hospital
Parcel, respectively, for purposes of completing such construction of the Tum-Around Area
WHEREAS, for purposes hereof, (i) the term "Owner" shall mean the fee simple owner
of all or any portion of the applicable Property, its successors and assigns, (ii) the term
"Occupant" shall mean any individual, partnership, firm, association, corporation, trust,
governmental agency, administrative tribunal or any other form of business or legal entity, from
time to time, entitled to the use and occupancy of the applicable Property under any lease,
sublease, license, concession or other similar agreement; (iii)the term"Permittee" shall mean all
Owners, Occupants and the partners, officers, directors, employees, agents, contractors,
customers, vendors, suppliers, visitors,invitees and licensees of Owners and Occupants; and (iv)
the term"Property" shall mean the portions of the HEB Parcel, Hospital Parcel and right-of-way
of Stagg Drive made subject hereto, as applicable; and
062007.00754#163056
EXHIBIT "A"
NOW, THEREFORE, HEB,the Hospital and the City hereby agree as follows:
1. Easements.
(a) Access Easements. HEB does hereby grant, sell and convey to the City a
perpetual, non-exclusive access easement, for the sole purpose of ingress and egress by
emergency response vehicles, such as fire trucks, ambulances and police cars (collectively,
"Emergency Vehicles', upon, over and across the portion of the HEB Parcel more particularly
described on Exhibit C-1 attached hereto and made a part hereof for all purposes (collectively
with the property described in Exhibit C-2, the "Turn-Around Area'), for the sole purpose of
permitting such Emergency Vehicles to turn around at the terminus of Stagg Drive. The Hospital
does hereby grant, sell and convey'to the City a perpetual,non-exclusive access easement,for the
sole purpose of ingress and egress by Emergency Vehicles,upon, over and across the portion of
the Hospital Parcel more particularly described on Exhibit C-2 attached hereto and made a part
hereof for all purposes (collectively with the property described in Exhibit C-1, the "Turn-
Around Area"), for the sole purpose of permitting such Emergency Vehicles to turn around at the
terminus of Stagg Drive. The easements set forth above shall be used in common with each
Owner and Occupant of the HEB Parcel and the Hospital Parcel, respectively, and their
respective Permittees.
(b) Construction Easement. The Hospital does hereby grant, sell and convey
to HEB a temporary, construction easement, for the purpose of constructing the Tum-Around
Area,upon, over and across the portions of the Hospital Parcel as more particularly described on
Exhibit C-3 attached hereto and made a part hereof for all purposes. The City does hereby grant,
!. sell and convey to HEB a temporary construction easement, for the purpose of constructing the
Turn-Around Area, upon, over and across the portion of the right-of-way of Stag Drive as more
particularly described on Exhibit C-4 attached hereto and made a part hereof for all purposes.
The foregoing construction easements shall terminate upon the first to occur of(i)the completion
of the construction of the Turn-Around Area or (ii) four (4) years following the date of this
Easement Agreement. During the construction of the Turn-Around Area, HEB shall not totally
block the entrance to and from the portion of the Hospital Parcel located south of Stagg Drive
from Stagg Drive included in the Tum-Around Area and shall at all times keep at least one lane
of traffic open.
2. Limited-Access Entry Gate. In addition, HEB hereby grants to the Hospital the right
to construct and maintain, at the Hospital's sole cost and expense, a limited-access entry gate and
associated "knox box" at the location depicted on Exhibit C-5 attached hereto and part hereof
for all purposes, for the sole purpose of allowing access for Emergency Vehicles from the
Hospital Parcel via the limited-access entry gate in a southerly direction across the HEB Parcel
to the curb cut onto College Street to the south of the HEB Parcel, in the location depicted on
Exhibit C-5 as "College Street Curb Cut". The foregoing shall not be deemed to grant to the
Hospital or any third party the right to enter any other portions of the HEB Parcel or park upon
any portion of the HEB Parcel. The limited-access entry gate shall be kept locked at all times
when the gate is not in use by Emergency Vehicles for the purposes set forth in this Section 2.
The limited-access entry gate and associated "knox box" shall be maintained in a first-class
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062007.00754 163056
i
condition and repair consistent with the improvements on the remainder of the HEB Parcel, at
j. the sole cost and expense of the Hospital.
3. Permitted Exceptions. The access easements and construction easements as described
herein are reserved, established and created subject to any and all other restrictions, easements,
utility lines, or other matters or easements affecting the Property of record in Jefferson County,
Texas, as of the date hereof.
4. Retention of Fee Ownership. The Owner of each respective portion of the Property
retains, reserves and shall continue to enjoy fee ownership, and the dominant right to use the
surface and the subsurface of its respective portion of the Property, for any and all purposes
which do not unreasonably interfere with the easements expressly granted by this instrument.
5. Maintenance and Repair. The Owner of each respective portion the Property shall,at
its sole cost and expense, maintain and repair its respective portion of the Property,including the
portion of the Turn.-Around Area thereon.
6. Default and Remedies. If any party defaults in the performance of its obligations
hereunder and the default is not cured within thirty (30)days following delivery of written notice
to such defaulting party then the non-defaulting party shall have the right to (i) to perform such
obligation on behalf of the defaulting party, in which event such defaulting party shall reimburse
such non-defaulting party for all amounts expended by the non-defaulting party on behalf of the
defaulting party; and/or (ii) exercise any other rights or remedies available to the non-defaulting
party either at law or in equity. In the event of any violation or threatened violation by any
person of any of the easements set forth herein, any Owner shall have the right to enjoin such
violation or threatened violation in a court of competent jurisdiction. The right of injunction
shall be in addition to all other remedies available at law or in equity. All remedies are
cumulative and shall be deemed additional to any and all other remedies to which any Owner
may be entitled in law or in equity. Each Owner shall also have the right to restrain by
injunction any violation or threatened violation by any other Owner of any of the terms,
covenants, or conditions of this Easement Agreement, or to obtain a decree to compel
performance of any such terms, covenants, or conditions, it being agreed that the remedy at law
for a breach of any such term,covenant, or condition(except those,if any,requiring the payment
of a liquidated sum) is not adequate.
7. Binding Effect. The provisions of this Easement Agreement shall be binding upon
and inure to the benefit of the Owners of respective portions of the Property and their respective
Occupants and Permittees. This Easement Agreement shall be appurtenant to the Property and
shall run with the land. This Easement Agreement shall be construed in accordance with the
laws of the State of Texas and all obligations hereunder are performable in Jefferson County,
Texas.
8. Amendment. This Easement Agreement may be canceled, changed, modified or
amended in whole or in part only by the written and recorded agreement of(i) the Owner of the
HEB Parcel, its successor or assigns, (ii) the Owner of the Hospital Parcel, its successors or
assigns; and (iii) the City.
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062007.00754 163056
9. No Dedication/Negation of Partnership. Nothing herein contained shall be deemed to
be a gift or dedication of any portion of the Property to the general public or for the general
public or for any public purpose whatsoever, it being the intention that this Easement Agreement
shall be strictly limited to and for the purposes herein expressed. This Easement Agreement is
not intended to create, nor shall it be in any way interpreted or construed to create, any third
party beneficiary rights in any person not specifically benefited by the terms and provisions
hereof, nor are any rights granted to a parry hereunder assignable to any third party. None of
terms, conditions or provisions of this Easement Agreement shall be deemed to create a
partnership between or among the Owners in their respective businesses or otherwise,nor shall it
cause them to be considered joint venturers or members of any joint enterprise. Each Owner
shall be considered a separate owner, and no Owner shall have the right to act as an agent for
another Owner, unless expressly authorized to do so herein or by separate written instrument
signed by the Owner to be charged.
10. Miscellaneous. Time is of the essence of this Easement Agreement. If any term,
covenant or condition of this Easement Agreement or the application of it to any person or
circumstance shall to any extent be invalid or unenforceable, the remainder of this Easement
Agreement or the application of such term, covenant or condition to persons or circumstances,
other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each
term, covenant or condition of this Easement Agreement shall be valid and shall be enforced to
the extent permitted by law. This Easement Agreement shall be governed by the laws of the
State of Texas and venue for any action hereunder shall be in Jefferson County, Texas. The
captions and headings in this Easement Agreement are for reference only and shall not be
deemed to define or limit the scope or intent of any of the terms, covenants or conditions
contained herein. In construing the provisions of this Easement Agreement and whenever the
context so requires, the use of a gender shall include all other genders, the use of the singular
shall include the plural, and the use of the plural shall include the singular. Each Owner shall
have the right to take such steps as it deems necessary to prevent those persons not authorized by
this Easement Agreement to use the Access Easement Area situated on such Owner's property
from using the Access Easement Area; provided that such steps shall not materially interfere
with the easement rights granted to each Owner herein.
[Signatures Appear on Following Page]
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062007.00754 163056
EXECUTED effective the date first written above.
The City of Beaumont
By:
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
The foregoing instrument was acknowledged before me this day of ,
2012, by as of
the City of Beaumont, a on behalf of said
Notary Public in and for
The State of Texas
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,� 062007.00754 163056
HEB Grocery Company,LP,
a Texas limited partnership
By:
Name: Todd A.Piland
Title: Executive Vice President
THE STATE OF TEXAS §
COUNTY OF BEXAR §
The foregoing instrument was acknowledged before me this day of
2012, by Todd A. Piland, as Executive Vice President of HEB Grocery Company, LP, a,Texas
limited partnership, on behalf of said limited partnership.
Notary Public in and for
The State of Texas
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062007.00754 163056
Baptist Hospitals of Southeast Texas,
a Texas non-profit corporation
By:
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
The foregoing instrument was acknowledged before me this day of ,
2012, by as of Baptist
Hospitals of Southeast Texas, a Texas non-profit corporation, on behalf of said non-profit
corporation.
Notary Public in and for
The State of Texas
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062007.00754163056
CONSENT OF LIENHOLDERS
The Lienholders below, the owners and holders of a lien or liens upon the Hospital Parcel,
consent and subordinate its lien(s)to this Easement Agreement.
LIENHOLDERS:
PRUDENTIAL HUNTOON PAIGE
ASSOCIATES,LLC
By:
Name:
Title:
STATE OF §
COUNTY OF §
This instrument was acknowledged before me, the undersigned authority on this
day of ,2012, by
of Prudential Huntoon Paige Associates, LLC, a , a Delaware limited liability
company, on behalf of said limited liability company.
Notary Public, State of
CENTURY HEALTH CAPITAL,INC.
By:
Name:
Title:
STATE OF §
COUNTY OF §
This instrument was acknowledged before me, the undersigned authority on this
day of , 2012, by
of Century Health Capital, Inc., a New York corporation, on
behalf of said corporation.
Notary Public, State of
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062007.00754 163056
EXHIBIT A
HEB PARCEL
FIELD NOTE DESCRIPTION
FOR A
2.4740 ACRE TRACT
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY,TEXAS
JULY 22,2010
REVISED: JANUARY 3,2011
That certain 2.4740 acre tract out of the David Brown Survey,Abstract 5,Jefferson County,Texas,
and being out of a called 10.2334 acre tract described in the Deed of Trust between
Baptist Hospitals of Southeast Texas and the Bank of New York, William J.Barber,Trustee as
recorded in Clerks File No. 2001029306 of the Official Public Records of Jefferson County,Texas,
said 2.4740 acres being more particularly described by metes and bounds as follows:
Note: Bearings are based on a north line of the said 10.2334 acre tract having been called East
449.83 feet.
BEGINNING at a PK nail found in concrete in the north right-of-way line of Stagg Drive for the
southeast corner of a called 0.477 acre tract conveyed to Carey R.Fracht and wife,Patricia L. Fracht
as recorded in Film Code 103-21-2215 of the Real Property Records of Jefferson County,Texas and
4 the southwest corner of the said 10.23.34 and 2.4740 acre tracts;
THENCE North 00023'19" West along the east line of the said 0.477 acre tract and a west line of the
said 10.2334 and 2.4740 acre tracts a distance of 148.31 feet(called North 00°17'00"West 148.50
feet)to a fence post found for corner in the south line of a called 2.3132 acre tract(Tract 1)
conveyed to George A.Dishman, Jr, and C.W. Conn, Jr, as recorded in Volume 2003,Page 171 of
the Deed Records of Jefferson County,Texas for the northeast corner of the said 0.477 acre tract and
an exterior corner of the said 10.2334 and 2.4740 acre tracts;
THENCE North 89126'14"East along the said south line of the 2.3132 acre tract and an interior line
of the said 10.2334 and 2.4740 acre tracts a distance of 61.02 feet(called South 89°58'00"East
60.00 feet)to a fence post found for the southeast corner of the said 2.3132 acre tract and an interior
corner of the said 10.2334 and 2.4740 acre tracts;
THENCE North 00°12'49" East along the east line of the said 2.3132 acre tract and an interior line
of the said 10.2334 and 2.4740 acre tracts a distance of 289.92 feet(called North 00°17'00"East
290.40 feet)to a 5/8" iron rod found for the southwest corner of a called 1.771 acre tract conveyed to
C. W. Conn,Jr. and George A. Dishman,Jr. d/b/a C &D Realty as recorded in Volume 2125,Page
157 of the Deed Records of Jefferson County, Texas and the northwest comer of the said 10.2334
and 2.4740 acre tracts;
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062007.00754 163056
THENCE East along the south line of the said 1.771 acre tract and the north line of the said 10.23')4
and 2.4740 acre tracts a distance of 224.38 feet(called East)to a 1/z" capped iron rod set for the
northeast corner of the said 2.4740 acre tract from which a 5/8" iron rod found for an interior corner
of the said 10.2334 acre tract bears East 225.05 feet(called East);
THENCE South 00 101'25" West along the east line of the said 2.4740 acre tract a distance of 439.06
feet to a I/z"capped iron rod set in the said north right-of-way line of Stagg Drive and the south line
of the said 10.2334 acre tract for the southeast corner of the said 2.4740 acre tract;
THENCE North 89157'06" West along the said north right-of-way line of Stagg Drive and the south
line of the said 10.2334 and 2.4740 acre tracts a distance of 285.29 feet(called North 89°58'00"
West)to the POINT OFBEGINNING and containing 2.4740 acres of land,more or less.
io
`� 062007.00754 163056
EMMIT B
BAPTIST PARCEL
TRACT 1:
Legal Description: 13.4617 Acre Tract or Parcel of Land
David Brown Survey,Abstract No. 5
Jefferson County, Texas
BEING a 13.4617 acre tract or parcel of land situated in the David Brown Survey, Abstract No. 5,
Jefferson County, Texas, said tract also being out of and part of that certain called 10 acre tract of land as
conveyed by United Charities of Beaumont, Texas to Baptist Hospital of Southeast Texas as recorded in
Volume 598, Page 53, Deed Records, Jefferson County, Texas and also being out of and part of that
certain called 9.885 acre tract of land as conveyed by United Charities of Beaumont to Baptist Hospital of
Southeast Texas as recorded in Volume 871,Page 117,Deed Records, Jefferson County,Texas,and being
out of and part of that same tract of land described as 18.6207 acre tract(described in EXHIBIT "A-1")
save and except that certain called 0.7049 acre tract (described in EXHIBIT "A") as described in a
"Special Warranty Deed" as conveyed by The Baptist Hospital of Southeast Texas to Baptist Healthcare
System, L. L. C. as recorded in Clerk's File No. 97-9728176, Official Public Records of Real Property,.
Jefferson County,Texas, and also being out of and part of that certain called 16.9617 acre tract,identified
as Tract One, Parcel One, as described in a "Deed of Trust" from Baptist Hospitals of Southeast Texas to
William J. Barber, Trustee as recorded in Clerk's File No. 2001029306, Official Public Records of Real
Property, Jefferson County, Texas, said 13.4617 acre tract of land being more particularly described as
follows:
NOTE: All bearings are based on the North right-of-way line of College Street as SOUTH 89 058'00"
WEST as called in the above referenced deed recorded in Volume 598,Page 53,Deed Records, Jefferson
County,Texas.
BEGINNING at a ''/z" iron pipe found for the Northwest corner of the tract herein described, said corner
being the intersection of the East right-of-way line of Eleventh Street(right-of-way width varies) and the
South right-of-way line of Stagg Drive(formerly known as Forsythe Street)(based on a width of 60 feet);
THENCE SOUTH 89 059'39" EAST, along and with the South right-of-way line of Stagg Drive, for a
distance of 889.99 feet to a 5/8" iron rod found for corner, said comer also being the Northwest corner of
that certain called 0.828 acre tract of land as conveyed by Dale C. Hager and wife, Ellen Hume.Hager to
Mahesh Kanojia and wife, Uma M. Kanojia as recorded in Film Code No. 101-37-1907, Official Public
Records of Real Property,Jefferson County,Texas;
THENCE SOUTH 00 015'48" WEST,along and with the West line of the said 0.828 acre Kanojia tract,for
a distance of 176.02 feet to a 5/8" iron rod found for corner, said corner being the Southwest corner of the
said 0.828 acre Kanojia tract;
THENCE SOUTH 89°56'16" EAST, along and with the South line of the said 0.828 acre Kanojia tract,
for a distance of 0.08 feet to a 5/8" iron rod found for corner, said comer being the Northwest corner of
that certain called 0.7049 acre tract of land described in EXHIBIT "A" as conveyed by The Baptist
Hospital of Southeast Texas to Baptist Healthcare System, L.L.C. as recorded in Clerk's File No. 97-
9728176,Official Public Records of Real Property, Jefferson County,Texas;
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062007.00754 163056
THENCE SOUTH 00 008'00" WEST, along and with the West line of the said 0.7049 acre Baptist
{ Healthcare System, L.L.C. tract, for a distance of 97.48 feet to a '/2" iron rod found for corner, said corner
being an exterior ell corner in the West line of the said 0.7049 acre Baptist Healthcare System, L.L.C.
tract;
THENCE SOUTH 89 052'00" EAST, along and with the most Northerly South line of the said 0.7049 acre
Baptist Healthcare System, L.L.C.tract,for a distance of 13.50 feet to a L/z" iron rod found for corner,said
corner being an interior ell corner in the West line of the said 0.7049 acre Baptist Healthcare System,
L.L.C.tract;
THENCE SOUTH 00 008'00" WEST, along and with the West line of the said 0.7049 acre Baptist
Healthcare System, L.L.C.tract, for a distance of 55.82 feet to a scribed "X" in a concrete drive found for
corner, said corner being the Southwest corner of the said 0.7049 acre Baptist Healthcare System, L.L.C.
tract;
THENCE SOUTH 89 052'00" EAST, along and with the South line of the said 0.7049 acre Baptist
Healthcare System,L.L.C.tract,for a distance of 191.62 feet to a 60d nail found for comer, said corner
being the Southeast corner of the said 0.7049 acre Baptist Healthcare System,L.L.C.tract;
THENCE NORTH 00 004'38" EAST, along and with the East line of the said 0.7049 acre Baptist
Healthcare System, L.L.C. tract, for a distance of 153.55 feet to a 5/8" iron rod found for comer, said
corner being the Northeast corner of the said 0.7049 acre Baptist Healthcare System, L.L.C.tract and the
Southeast corner of the said 0.828 acre Kanojia tract;
THENCE NORTH 00 01548" EAST, along and with the East line of the said 0.828 acre Kanojia tract,for
a distance of 176.02 feet to a 5/8" iron rod found for corner,said comer being the Northeast corner of the
said 0.828 acre Kanojia tract and in the South right-of-way line of Stagg Drive;
THENCE SOUTH 89 053'57" EAST, along and with the South right-of-way line of Stagg Drive, for a
distance of 69.19 feet to a 5/8" iron rod found for comer, said comer being the Northwest corner of a
proposed 3.5000 acre tract;
THENCE SOUTH 00 006'03" WEST, for the boundary between the tract herein described and the said
3.5000 acre tract and perpendicular to the South right-of-way line of Stagg Drive, for a distance of 582.04
feet to a 5/8 iron rod found for corner, said corner being the North right-of-way line of College Street
(also being U.S. Highway 90)(right-of-way width varies);
THENCE NORTH 89 053'46" WEST, continuing along and with the North right-of-way line of College
Street,for a distance of 69.20 feet to a scribed"X"in a concrete drain under a sidewalk found for corner;
THENCE SOUTH 89 056'55" WEST, continuing along and with the North right-of-way line of College
Street,for a distance of 337.56 feet to a%"iron rod found for corner;
THENCE SOUTH 89 058'00" WEST, continuing along and with the North right-of-way line of College
Street, for a distance of 439.02 feet to a%" iron rod found for comer, said comer also being the beginning
of a curve concave to the north having a radius of 299.50 feet and a central angle of 40 046'44" and being
subtended by a chord which bears NORTH 69°19'04" WEST 208.69 feet;
THENCE WESTERLY and NORTHWESTERLY, along said curve and continuing along and with the
North right-of-way line of College Street,for a distance of 213.16 feet to a3/4" iron rod found for corner;
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062007.00754 163056
' THENCE NORTH 34 014'54" WEST, along and with the Northeasterly right-of-way line of College
Street,for a distance of 191.87 feet to a'/4"iron rod found for corner;
THENCE NORTH 87 047'.07" WEST, continuing along and with the North right-of-way line of College
Street,for a distance of 11.80 feet to a'/4"iron rod found for corner,said corner being in the East right-of-
way line of Eleventh Street;
THENCE NORTH 00 023'47" WEST, along and with the East right-of-way line of Eleventh Street, for a
distance of 350.15 feet to the POINT OF BEGINNING and containing 13.4617 ACRES.
SAVE AND EXCEPT THE FOLLOWING DESCRIBED TRACT OF LAND:
That certain 7.300 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and
being out of a called 16.9617 acre tract described in the Deed of Trust between Baptist Hospitals of
Southeast Texas and the Bank of New York, William J. Barber, Trustee as recorded in Clerks File No.
2001029306 of the Official Public Records'of Jefferson County, Texas, said 7.300 acres being more
particularly described by metes and bounds as follows:
Note: Bearings are based on a south line of the said 16.9617 acre tract having been called South 89°58'00"
West.
BEGINNING at a capped iron rod found at the intersection of the east right-of-way line of 1 Vh Street and
the south right-of-way line of Stagg Drive for the northwest corner of the said 16.9617 and 7.300 acre
tracts;
THENCE South 89°58'49"East along the said south right-of-way line of Stagg Drive and the north line of
the said 16.9617 and 7.300 acre tracts a distance of 546.61 feet (called South 89°59'39" East) to a %"
capped iron rod set for the northeast comer of the said 7.300 acre tract from which a"X"found in concrete
for reference bears South 89°58'49"East 41.54 feet(called South 89°59'39"East);
THENCE South 00°23'52" West along an east line of the said 7.300 acre tract a distance of 328.08 feet to
a'h"capped iron rod set for an interior comer of the said 7.300 acre tract;
THENCE South 89°51'36"East along an interior line of the said 7.300 acre tract a distance of 70.04 feet
to a'/2"capped iron rod set for an exterior corner of the said 7.300 acre.tract;
THENCE South 00°15'47"East along an east line of the said 7.300 acre tract a distance of 139.59 feet to a
'/Z"capped iron rod set for an interior corner of the said 7.3 00 acre tract;
THENCE North 89. 44'13" East along an interior line of the said 7.300 acre tract a distance of 56.40 feet
to a%"capped iron rod set for an exterior corner of the said 7.300 acre tract;
THENCE South 00°16'08"East along an east line of the said 7.300 acre tract a distance of 115.12 feet to a
'/2" capped iron rod set in the north right-of-way line of College Street and the south line of the said
16.9617 acre tract for the southeast corner of the said 7.300 acre tract;
THENCE South 89 158'00"West along the said north right-of-way line of College Street and the south line
of the said 16.9617 and 7.300 acre tracts, passing at a distance of 83.04 feet a"X" found in concrete for
13
062007.00754 163056
reference, and continuing a total distance of 356.20 feet (called South 89°58'00" West)to a 5/8" iron rod
found for the PC of a curve;
THENCE continuing along the said north right-of-way line of College Street and the said south line of the
16.9617 and 7.300 acre tracts with a curve to the right having a chord bearing of North 69°19'55"West, a
chord distance of 208.46 feet and a radius of 299.50 feet, a distance along the curve of 212.92 feet to a
5/8"iron rod found for the PT of the curve;
THENCE North 34 016'34" West along the northeasterly right-of-way line of College Street and the
southwesterly line of the said 16.9617 and 7.300 acre tracts a distance of 192.03 feet (called North
34014'54"West 191.87 feet)to a capped iron rod found for an angle point;
THENCE North 87°38'24" West along a north right-of-way line of said College Street and a south line of
the said 16.9617 and 7.300 acre tracts a distance of 11.64 feet(called North 87'47'07"West 11.80 feet)to
a '/4" iron rod found in the said east right-of-way line of l lth Street for the southwest corner of the said
16.9617 and 7.300 acre tracts;
THENCE North 00109'10"West along the said east right-of-way line of 11th Street and the west line of the
said 16.9617 and 7.300 acre tracts a distance of 350.35 feet(called North 00 023'47"West 350.15 feet)to
the POINT OF BEGINNING and containing 7.300 acres of land,more or less.
14
062007.00754 163056
TRACT 2:
.•
Legal Description: 0.7049 Acre Tract or Parcel of Land
David Brown Survey,Abstract No.5
Jefferson County,Texas
BEING a 0.7049 acre tract or parcel of land situated in the David Brown Survey,Abstract No. 5,Jefferson
County, Texas and being out of and part of that certain called 9.885 acre tract of land as conveyed by
United Charities of Beaumont to Baptist Hospital of Southeast Texas as recorded in Volume 871, Page
117, Deed Records, Jefferson County,Texas, and also being all of that certain called 0.7049 acre tract of
land described in EXHIBIT "A°' as conveyed by The Baptist Hospital of Southeast Texas to Baptist
Healthcare System, L.L.C. as recorded in Clerk's File No. 97-9728176, Official Public Records of Real
Property, Jefferson County, Texas, and also being all of that certain called 0.7049 acre tract, identified as
Tract One, Parcel Two, as described in a "Deed of Trust" from Baptist Hospitals of Southeast Texas to
William J. Barber, Trustee as recorded in Clerk's File No. 2001029306, Official Public Records of Real
Property,Jefferson County,Texas, said 0.7049 acre tract being more particularly described as follows:
NOTE: All bearings are based on the North right-of-way line of College Street as SOUTH 89°58'00"
WEST as recorded in Volume 598,Page 53,Deed Records,Jefferson County,Texas.
COM31ENCING at a '/2" iron pipe found for the intersection of the East right-of-way line of Eleventh
Street (right-of-way width varies) and the South right-of-way line of Stagg Drive (formerly known as
Forsythe Street)(based on a width of 60 feet), said comer also being the Northwest corner of that certain
called 18.6207 acre tract of land described in EXHIBIT"A-1"as recorded in Clerk's File No.97-9728176,
Official Public Records of Real Property,Jefferson County,Texas;
THENCE SOUTH 89 059'39" EAST, along and with the South right-of-way line of Stagg Drive and the
North line of the said 18.6207 acre tract,for a distance of 889.99 feet to a 5/8"iron rod found for corner,
said corner also being the Northwest comer of that certain called 0.828 acre tract of land as conveyed by
Dale C. Hager and wife, Ellen Hume Hager to Mahesh Kanojia and wife,Uma M. Kanojia as recorded in
Film Code No. 101-37-1907, Official Public Records of Real Property, Jefferson County,Texas;
THENCE SOUTH 00°15'48" WEST,along and with the West line of the said 0.828 acre Kanojia tract and
an interior line of the said 18.6207 acre tract, for a distance of 176.02 feet to a 5/8" iron rod found for
corner, said comer being the Southwest corner of the said 0.828 acre Kanojia tract and an interior ell
corner of the said 18.6207 acre tract;
THENCE SOUTH 89 056'16" EAST, along and with the South line of the said 0.828 acre Kanojia tract
and the most Southerly North line of the said 18.6207 acre tract, for a distance of 0.08 feet to a 5/8" iron
rod found for comer and the POINT OF BEGINNING of the tract herein described, said comer being the
Northwest corner of the said 0.7049 acre Baptist Healthcare System,L.L.0 tract;
THENCE SOUTH 89 056'16" EAST, along and with the South line of the said 0.828 acre Kanojia tract
and the most Southerly North line of the said 18.6207 acre tract,for a distance of 204.97 feet to a 5/8"iron
rod found for corner, said corner being the Southeast corner of the said 0.828 acre Kanojia tract and an
interior ell corner of the said 18.6207 acre tract;
THENCE SOUTH 00 004'38" WEST, over and across the said 18.6207 acre tract, for a distance of 153.55
feet to a 60d nail found for corner;
15
062007,00754 163056
f THENCE NORTH 89 052'00" WEST, over and across the said 18.6207 acre tract,for a distance of 191.62
feet to a scribed"X"in a concrete drive found for corner;
THENCE NORTH 00 008'00" EAST, over and across the said 18.6207 acre tract, for a distance of 55.82
feet to a'/z"iron rod found for corner;
THENCE NORTH 89 052'00" WEST, over and across the said 18.6207 acre tract, for a distance of 13.50
feet to a'/2"iron rod found for corner;
THENCE NORTH 00 008'00" EAST, over and across the said 18.6207 acre tract,for a distance of 97.48
feet to the POINT OF BEGINNING and containing 0.7049 ACRES,more or less.
16
062007.00754 163056
TRACT 3:
FIELD NOTE DESCRIPTION
FOR A
7.757 ACRE TRACT
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY,TEXAS
OCTOBER 17,2012
That certain 7.757 acre tract out of the David Brown Survey,Abstract 5,Jefferson County, Texas,and
being out of a called 10.2334 acre tract described in the Deed of Trust between
Baptist Hospitals of Southeast Texas and the Bank of New York,William J.Barber,Trustee as recorded
in Clerks File No. 2001029306 of the Official Public Records of Jefferson County,Texas,said 7.757
acres being more particularly described by metes and bounds as follows:
NOTE: Basis of Bearings is the south line of a called 16.9617 acre tract conveyed in said Clerks File No.
2001029306 having been called South 89°58'00"West.The Bearings have been rotated from the Land
Title Survey to match the Minor Plat of Lot 1, College Street Complex.
BEGINNING at a concrete monument found in the north right-of-way line of Stagg Drive for the
southwest corner of a tract conveyed to Rips/Sandman Families Support Trust as recorded in Clerks File
No.9701550 of the Official Public Records of Jefferson County,Texas and the southeast corner of the
said 10.2334 and 7.757 acre tracts;
THENCE North 89 056'45"West along the said north right-of-way line of Stagg Drive and the south line
of the said 10.2334 and 7.757 acre tracts a distance of 61535 feet(called North 89 057'03"West)to a
capped iron rod found in concrete for the southwest comer of the said 7.757 acre tract from which a PK
nail found in concrete for the southwest comer of the said 10.2334 acre tract bears North 89°59'48"West
285.62 feet(called North 89°57'03"West);
THENCE North 00°01'18"West along a west line of the said 7.757 acre tract a distance of 439.06 feet to
a capped iron rod found in the south line of a called 1.771 acre tract conveyed to C.W. Conn,Jr.and
George A.Dishman,Jr.d/b/a C&D Realty as recorded in Volume 2125,Page 157 of the Deed Records
of Jefferson County,Texas and a north line of the said 10.2334 acre tract for the most westerly northwest
corner of the said 7.757 acre tract from which a 5/8"iron rod found for an exterior corner of the said
10.2334 acre tract bears South 89'57'18"West 224.38 feet(called West);
THENCE North 89 057'38"East along the said south line of the 1.771 acre tract and a tract conveyed to
Raghurami B.Reddy as recorded in Clerks File No.2001042549 of the Official Public Records of
Jefferson County,Texas being a north line of the said 10.2334 and 7.757 acre tracts a distance of 224.88
feet(called East)to a 1/2"iron rod found for the southeast corner of the said Reddy tract and an interior
corner of the said 10.2334 and 7.757 acre tracts;
THENCE North 009 3'14"East along the east line of the said Reddy tract and a west line of the said
10.2334 and 7.757 acre tracts a distance of 171.31 feet(called North 00°13'28"East 171.29 feet)to a PK
Nail found in the south right-of-way line of Fannin Street for the northeast corner of the said Reddy tract
and the most northerly northwest corner of the said 10.2334 and 7.757 acre tracts;
THENCE South 89°58'45"East along the said south right-of-way line of Fannin Street and a north line of
the said 10.2334 and 7.757 acre tracts a distance of 391.44 feet(called South 89°58'00"East 391.40 feet)
to a concrete monument found for the northwest corner of a called 1.374 acre tract conveyed to Fannin
17
062007.00754 163056
Plaza LLC as recorded in Clerks File No.200')020494 of the Official Puhlic Records of Jefferson County,
Texas and the northeast corner of the said 10.2334 and 7.757 acre tracts;
THENCE South 00°05'56"West along the east line of the said 10.2334 and 7.757 acre tracts a distance of
610.97 feet(called South 00 106'45"West 610.88 feet)to the POINT OF BEGINNING and containing
7.757 acres of land, more or less.
This Field.Note Description is based on a land title survey performed by Fittz& Shipman,Inc.on
October 16 & 17, 2012.
Walter J.Ksiazek
Registered Professional Land Surveyor No. 5321
18
062007.00754 163056
EXHIBIT C-1
HEB EASEMENT AREA
(See attached)
062007.00754 163056
Fittz&Shipman
INC.
ConsulringEng veers and Land Surve+aa
•;' Ronald D.Fttz,P.E,R.P.LS.(1948-1987) Donald R.Rang P.E ,
Terry G.Shipman,P.E,Chairman Walter).Ksiazek,RP.LS.
Billy J.Smith,Jr.,President
EXHIBIT C1,PAGE I OF 3
FIELD NOTE DESCRIPTION
OF A
0.0148 ACRE TRACT
FOR AN
ACCESS EASEMENT AGREEMENT
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY,TEXAS
SEPTEMBER 29,2012
That certain 0.0148 acre tract for an access easement agreement out of the David Brown
Survey,Abstract 5,Jefferson County,Texas,and being out of a called 10.2334 acre tract
conveyed in-a Deed of Trust between Baptist Hospital of Southeast Texas and The Bank of
New York,William J.Barber,Trustee as recorded in Clerks File No.2001029306 of the Official
Public Records of Jefferson County,Texas,said 0.0148 acres being more particularly described
by metes and bounds as follows:
NOTE: Basis of Bearings is the south line of a called 16.9617 acre tract conveyed in-said
Clerks File No.2001029306 having been called South 89°58'00"West
COMMENCING at a capped iron rod found in the north line of the said 16.9617 acre tract and
the south right-of-way line of Stagg Drive for the southeast comer of a called 0.3530 acre trail j
described in Ordinance No.12-064 for the abandonment of a portion of Stagg Drive as recorded j
in Clerks*File No.2012029748 of the Official Public Records of Jefferson County,Texas;
I
THENCE North 00°23'31"East along the east line of the said 0.3530 acre tract a distance of i
59.89 feet(called North 00°22'41"East 59.89)to a'X"set in concrete in the south line of the i
said 10.2334 acre tract and the north right-of-way line of Stagg Drive for the northeast comer of
the said 0.3530 acre tract,the southwest comer of the said 0.0146 acre tract and the POINT OF
i
BEGINNING;
THENCE North 00°23'31"East along the west line of the said 0.0148 acre tract,a distance of i
29.99 feet to a point for the northwest comer of the said 0.0148 acre tract;
THENCE South 89.59'49"East along the north line of the said 0.0148 acre tract a distance of
20:00 feet to a point for the northeast corner of the said 0.0148 acre tract;
FFttz B Shipman,Inc.
Page 1 of 2
Project No.10050.0001T9AccessesmtHEB
Plat&Description
1405 Cornerstone Cou rt-Beaumont,Texas 77706-(409)832-7238•fax(409)832-7303
Tx Board of Prof Engineers Firm No.1160•Tx Board of Prof Land Surveyors Finn No.100186
i'�
EXHIBIT C1,PAGE 2 OF 3
THENCE South 00°00'22°West along the east line of the said 0.0148 acre tract a distance of
11.45 feet to a point for the PC of a curve;
THENCE continuing along the said east line of the 0.0148 acre tract with a curve to the left
having a chord bearing of South 20°43'40"East,a chord distance of 19.83 feet and a radius of
28.00 feet,a distance along the curve of 20.26 feet to a point in the said south line of the
10:2334 acre tract and the said north right-of-way line of Stagg Drive for the southeast comer of
the said 0.0148 acre tract;
THENCE North 89°59'48°West along the saia•south line of the 10.2334 and 0.0148 acre tracts
and the said north right-of-way line of Stagg Drive a distance of 27.22 feet(called North
89°58'00'West)to the POINT OF BEGINNING and containing 0.0148 acres of land, more or
less.
This description is based on a survey made by Fittz&Shipman,Inc.during September 2012.
v✓� •� *���615 9~'
Walter J.Ksiazek
Registered Professiona Land Sury yor No. 5321 Ylrj »w*.
{�0 5321.
asto„{
• "ao s��E oe•
Eittz g Shipman,Inc
Page 2 of 2
Project No.10050.000MAccessesmtHEB
Plat&Description
EXHIBIT Cl, PAGE 3 OF 3
DEED OF TRUST BETWEEN DEED of TRUST BETWEEN
BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND
THE BANK OF NEW YORK, TITLE BANK OF NEW YORK. I
WILLIAM J.BARBER,TRUSTEE 5 69'39'49'E WILLIAM J.BARBER.TRUSTEE
CLERKS FILE N0.2001029308,O.P.ft.JC. 20.00 # CLERKS FILE NO.2001029306.O.P.R.J.C.
(PART OF A CALLED 10.2334 ACRES) NUNS R DELTA RADIUS ARO CHORD CHORD BEARING ,
(REMAINDER OF A CALLED 10.2334 ACRES)
m Q Ct 41'2803 20.28 9.83 5 2D'43 E
MINOR PLAT 4 Zf
LOT 1 OF 51 /
COLLEGE STREET COMPLEX POINT OF C1
(TO BE RECORDED) BEGINNING =
27.2
SET'X'IN N 69'3a i6'W
CONCRETE CALLED N 89'58'DO' i
0
ABANDONMENT OF STREET
ORDINANCE NO. 12-064 w I j
CLERKS FILE NO.2012029748,O.P.R.J.C. W
(CALLED 0.3530 ACRE) C4 I STAGG DRIVE
gn I
COMMENCING z r
POINT e 8
FOUND FOUND
CAPPED CAPPED a
IRON ROD IRON ROD Y
(CALLED N 69'59'39"WU) (CALLED S 89'39'39'E)
N 89'58'49"W 548.61 S 89'58'52"E 41.55 S 8958'38'E 300.13
FOUND"X'IN (CALLED S 89'59'39"E) FOUND 1/2"
CONCRETE I DEM OF TRUST BETWEEN IRON ROD
WW L.1 ——— BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND
W r—— THE BANK OF NEW YORK,
DEED OF TRUST BETWEEN n WILLIAM J,BARBER.TRUSTEE OF 1"
Q=I BAPTIST HOSPITAL OF I CLERKS FILE NO.2001029305,O.P.R.J.C. .�Q.�.••••"•qF"�'
SOUTHEAST TEXAS AND $ * Q� tl1t�O�1
E-
THE BANK OF NEW YORK, z (REMAINDER OF A CALLED 18.9617 ACRES) ��.'•O
WILLIAM J.BARBER,TRUSTEE
CLERKS FILE NO, 2001029306,O.P.R.J.C, I SURVEYOR'S CERTIFICATION: .................. .....}*, i
(REMAINDER OF A CALLED 16.9617 ACRES) I I DO HEREBY CERTIFY.TO THE BEST OF MY KNOWLEDGE AND BUV, WALTER J.KSIAZEK
THAT THIS IS AN ACCURATE PLAT OF A SURVEY do DESCRIPTION MADE
C3 I ON THE GROUND UNDER MY SUPERVISION DURING SEPTEMBER 2012. � ',4p�••�' •�•v.rM�
Pp 0
M ——^—_ WALTER J.KSLh4Z
LJ V ———— REGISTERED PROFESSIONAL 0 SURVEYOR N 5321
ACCESS EASEMENT AGREEMENT SHEET N0.
s C� Fsttz&Shipman" PROJECT Nom: HEB GROCERY COMPANY, LP 3
rntaR STAGG DRIVE PROJECT NO.
NOTE: REFERENCE BEARING IS THE SOUTH LINE OF THE SAID 16,9617 ACRE 141ri CORNERSTONE COURT,BEAUMONT,TEXAS BEAUMONT, TEXAS 10050,0001
TRACT HAVING BEEN CALLED SOUTH 89'58'00"WEST 350.35 FEET. (409)632-7238 FAX(409)532-7303 DATE;9-29-12 TASK 9
0:\PROJECTS\10050\10030.0001\Tusk 9—Homm rhsad Esmt\1DOSOT9AccsssasmL.dwg Oct 02,2012 08:41am
EXHIBIT C-2
t HOSPITAL EASEMENT AREA
(See attached)
062007.00754 163056
Fula&Shipman
.INC.
Consuldt g Engineers and Land Surveyors
Ronald D.Fittz,P.E.,RP.L.S.(1948-19B7) Donald IL Kmg,P.E.
Terry G.Shipman,P.E.,Chairman Walter 1.Ks azek,PULS.
Billy 1.Smith,Jr.,President
EXHIBIT C2,PAGE 1 OF 3
FIELD NOTE DESCRIPTION
OF A
0.0211 ACRE TRACT
FOR AN
ACCESS EASEMENT AGREEMENT
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY,TEXAS
SEPTEMBER 29,2012
That certain 0.0211 acre tract for an access easement agreement out of the David Brown
Survey,Abstract 5,Jefferson County,Texas,and being out of a called 16.9617 acre tract
conveyed In a Deed of Trust between Baptist Hospital of Southeast Texas and The Bank of
New York,William J.Barber,Trustee as recorded in Clerks File No.2001029306 of the Official
Public Records of Jefferson County,Texas,said 0.0211 acres being more particularly described
by metes and bounds as follows:
NOTE Basis of Bearings is the south line of the said 16.9617 acre tract having been called
South 89°58'00'West.
BEGINNING at a capped iron rod found in the north line of the said 16.9617 acre tract and the
south right-0f-way line of Stagg Drive for the southeast comer of a called 0.3530 acre tract
described in Ordinance No.12-064 for the abandonment of a portion of Stagg Drive as recorded
In Clerks File No.2012029748 of the Official Public Records of Jefferson County,Texas;
THENCE South 89°58'52"East along the said south right-of-way line of Stagg Drive and the
said north line of the 16.9617 and 0.0211 acre tracts a distance of 36.39 feet(called South
89°59'39'East)to a point for the northeast comer of the said 0.0211 acre tract apd the PC of a
curve from which a'X"found in concrete for an angle point of the said 16.9617 acre tract bears
South 89°58'52'Easf 5.16 feet(called South 89°59'39"East);
THENCE along the east line of the said 0.0211 acre tract with a curve to the left having a chord
bearing of South 20°46'31°West,a chord distance of 19.86 feet and a radius of 28.00 feet, a
distance along the curve of 20.30 feet to the PT of the said curve',
THENCE South 00'00'227 West continuing along the east line of the said 0.0211 acre tract a
distance of 11.26 feet to a point for the southeast comer of the said 0.0211 acre tract;
.Fittz g Shipman,Inc.
Page l of 2
Project No.10050.000MAccessesmtBapt
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 C2,PAGE 2 OF 3
THENCE North 89°53'48"West along the south line of the said 0.0211 acre tract a distance of
29.55 feet to a point for the southwest corner of the said 0.0211 acre tract;
THENCE North 00°23'52°East along the west line of the said 0.0211 acre tract a distance of
29.79 feet to the POINT OF BEGINNING and containing 0.0211 acres of land,more or less.
This description is based on a survey made by rittz&Shipman,Inc.during September 2012.
Walter J.Ksiazek 4�
Registered Professional Land S rveyor No.5321 g'<<fo
WALTER J..KSIfZE�
X5321 r
C + fggt
,9�O S'-..,,...r'rOQ
I�
Frttz&Shipman,Inc_
Page 2 of 2
Project No.10050.0001T9AocessesmtBapt
Plat&Description
I
I
i
_ I
EXHIBIT C2e PAGE 3 OF 3
i
GEED OF TRUST BET ® nn EN 0 OF TRUST BETWEEN i
BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND
THE BANK NEW YORK,
YAwAM J. BARBER.TRUSTEE THE BANK OF NEW YORK.
CLERKS FILE NO. 2001029308.O.P.R.J.C, WILLIAM L BARBE16 TRUSTEE
(PART OF A CALLED 10.2334 ACRES) CLERKS FILE NO.2001029306,O.P.RJ.C.
(REMAINDEROF A CALLED 10.2334 ACRES) ,
MINOR PLAT
su 1�. 0 15 0
LOT 1 OF
C
r,)'—LEGE STREET COMPLEX
IS ROD
IN
(TO RE RECOROD) CMCRM
SET`X'IN
i
CONCRETE CALLED 5 69'58'00'E I
ABANDONMENT OF STREET W u I
ORDINANCE NO. 12-064
} i:LC..KS(CALLED 0.35308ACRE)
.P.R.J.C.
m
n C4 STAGE DRIVE j
I �
�- POINT OF Z g J N DELTA RADIUS ARC CHORD CHORD BEARING
FOUND BEGINNING = I Cl 41.3 20 28.00 80.30 19.86 5.20'4831 W
CAPPED
IRON ROD FOUND
CAPPED
( (CALLED N 89'59'39"W) IRON ROD (CALLED S 69'69'39'.E)
N 6958'49-Y!546.61 S 9'58'52'E 41.55 5 8998'38•E 300.13
-----J{' 3 •1 FOUND'X'IN
w CONCRETE i (CALLED 5 88'59'39'E) I,
FOUND 1/2'
w .G DEED OF TRUST,BETWEEN IRON ROD
BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND
—— THE BANK OF NEW YORK.
WDEED OF TRUST BETWEEN S CZ S OOlW2•W I WILLIAM A BARBER TRUSTEE
i BAPTIST HOSPITAL OF z CLERKS FIE NO.2001029308,OJ'.R.J.C. '��•�T
SOUTHEAST TEXAS AND 2>�
THE BANK OF NEW YORK, 48 W (REMAINDER A CALLED 18.9817 ACRES) *$r•�O1 �qF s
rWILLIAM A BARBER,TRUSTEE @ S
�� CLERKS FILE NO.2001029306,O.P.R.J.C. I SURVEYOR'S CERTIFICATION: ""'••"•"t"'•.......L
(REMAINDER Of A CALLED 16.9617 ACRES) I DO HEREBY CERTIFY.TO THE BEST OF MY KNOW-EDGE AND BELIEF, J.KsIl �
i-1 C3 I THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE .0 63� vt""
ON THE GROUND UNDER MY SUPERMSIN DURING SEPTEMBER 2012 1p
i
MINOR PLAT i 0 1B83L9;v I
COLLEGE LOTREETOFCOMPLEX I a0 y
SuRv
�j (TO BE RECORDED) ————————J
WALTER J.KSIAZIX
REGISTERED PROFESSIONAL D SURVEYOR 5321
ACCESS EASEMENT AGREEMENT SHEET NO.
Fittz&Shipman TEXAS 3
)NC. PROJECT NAME: BAPTIST HOSPITAL OF SOUTHEAST
STAGG DRIVE PROJECT NO.
NOTE: REFERENCE BEARING IS THE SOUTH LINE OF THE SAID 18.9617 ACRE 1405 CORNERSTONE COURT BEAUMONT-TEXAS BEAUMONT, TEXAS tOD50.0D01
TRACT HAVING BEEN CALLED SOUTH B8'58'OD'WEST 350.35 FEET. (408)832-7238 FAX(409)832-7303 - DATE:9-29-12 TASK 9 I
0:\PR0.IECTS\1D05D\10050.0001\Task 9-Hommerhead Esmt\1OO5OTBAcaesessmLdwq Oct 02,2012 09.11 am i
i
3
EXHIBIT C-3
HEB TEMPORARY CONSTRUCTION EASEMENT
(See attached)
062007.00754 163056
r ,._.
INC.
Consulting Eno veers and Land Swveyors
Ronald D.Fttz,P.E.,PML.S.(1948-1987) Donald R.lQn&P.E.
Terry G.Shipman,P.E.,Chairman Walter J.Kslazek,R.P.L_S.
Billy J.Smith,Jr.,President
EXHIBIT C3,PAGE I OF 3
FIELD NOTE DESCRIPTION
OF A
0.0799 ACRE TRACT
FORA
TEMPORARY CONSTRUCTION EASEMENT
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY,TEXAS
SEPTEMBER 29,2012
That certain 0.0799 acre tract for a temporary construction easement out of the David Brown
Survey,Abstract 5,Jefferson County,Texas,and being out of a called 16.9617 acre tract
conveyed in a Deed of Trust between Baptist Hospital of Southeast Texas and The Bank of
New York,Wiliam J.Barber,Trustee as recorded in Clerks File No.2001029306 of the Official
Public Records of Jefferson County,Texas,said 0.0799 acres being more particularly described
by metes and bounds as follows:
NOTE: Basis of Bearings is the south line of the said 16.9617 acre tract having been called
South 89°58'00`West
COMMENCING at a capped iron rod found in the north line of the said 16.9617 acre tract and
the south right- -way line of Stagg Drive for the southeast comer of a called 0.3530 acre tract
described in Ordinance No. 12-064 for the abandonment of a portion of Stagg Drive as recorded
in Clerks File No.2012029748 of the Official Public Records of Jefferson County,Texas;
THENCE South 89°58'527 East along the said south right-of-way line of Stagg Drive and the
said north line of the 16.9617 acre tract a distance of 41.55 feet(called South 89°59'39'East)to
a point for the most northerly northwest comer of the said 0.0799 acre tract and the POINT OF
BEGINNING,
THENCE South 89'58'52'East continuing along the said south right-of-way line of Stagg Drive
and the north line of the said 16.9617 and 0.0799 acre tracts a distance of 5.16 feet(called
South 89'59'39'East)to a'X'found in concrete for an angle point;
THENCE South 89'58'38'East continuing along the said south right-of-way line of Stagg Drive
and the north line of the said 16.9617 and 0.0799 acre tracts a distance of 51.30 feet(called
South 89'59'39'East)to a point for the northeast comer of the said 0.0799 acre tract from
FrUz&Shipman,Inc.
Page l of 2
Project No.10050.0001T9TempConsEsmtBapt
Plat&Description
1405 Cornerstone Court•Beaumont,Texas 77706•(409)832-7238•fax(409)832-7303
Tx Board of Prof Engineers Finn No.1160•Tx Board of Prof Land Surveyors Firm No-100186
EXIiIBIT C3,PAGE 2 OF 3
which'h"iron rod found for an exterior comer of the said 16.9617 acre tract bears South
89°58'38"East 248.83 feet(called South 89°59'39"East);;
THENCE South 00°00'15'West along an east line of the said 0.0799 acre tract a distance of
15.58 feet to a point for an exterior corner of the said 0.0799 acre tract;
THENCE North 89°57'16"West along a south line of the said 0.0799 acre tract a distance of
38.96 feet to an interior comer of the said 0.0799 acre tract;
THENCE South 00°28'37'West along an east line of the said 0.0799 acre tract a distance of
55.00 feet to a point for the southeast comer of the said 0.0799 acre tract;
THENCE North 89°31'23'West along a south line of the.said 0.0799 acre tract a distance of
53.91 feet to a point for the southwest comer of the said 0.0799 acre tract;
THENCE North 00°23'52"East along a west line of the said 0.0799 acre tract a distance of
40.34 feet to a point for an exterior comer of the said 0.0799 acre tract;
THENCE South 89°53'48"East along a north line of the said 0.0799 acre tract a distance of
29.55 feet to a point for an interior comer of the said 0.0799 acre tract;
THENCE North 00°00'22'East along a west line of the said 0.0799 acre tract a distance of
11.26 feet to the PC of a curve;
THENCE along a west line of the said 0.0799 acre tract with a curve to the right having a chord
bearing of North 20°46'31'East,a chord distance of 19.86 feet and a radius of 28.00 feet,a
distance along the curve of 20.30 feet to the POINT OF BEGINNING and containing 0.0799
acres of land,more or less.
This description is based on a survey made by Fittz&Shipman,Inc,during September 2012.
OF
Walter J.Ksiazek g'�Pf"c��ST 4—
Registered Professional Land Su eyor No.5321 *f e� Foy.2
WALTER J.KSIAM
i 9 5321 Pr
ENO 8URV�vo
FIM&Shipman,Inc.
Page 2 of 2
Project No.10050.000MTempConsEsmtBapt
Plat&Description
EXHIBIT C3, PAGE 3 OF 3 11I1111,��\\V'1f 11t�1
DEED OF TRUST BETWEEN DEED OF TRUST BETWEEN
BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND
THE BANK OF NEW YatK THE BANK OF NEW YORK,
WIWAM J.BARBER.TRUSTEE W911AM A BARBER,TRUSTEE
CLERKS FILE N0. 2001029306,O.P.kJ.C.
(PART IL A CALLED 10.2334 ACRES) - CLERKS FILE NO.20oto29306,OP.R.J.C.
(REMAINDER OF A CALLED 10.2334 ACRES) 00
MINOR PLAT SET 1/2' A L E
LOT 1 OF Cl CAPPED
col-LEGE STREET COMPLEX "zoN ROD IN
(TO BE RECORDED) CONCREIE
SET X.IN 89'59'48'E 27.9 -
CONCRETE CALLED S 8958'00'E
m
ABANDONMENT OF STREET w m
ORDINANCE NO. 12-064
CLERKS FILE NO.2012029748.O.P.R.J.C. w
(CALLED 0.3530 ACRE) C4 I STAGG DRIVE
8 p
Z P
S POINT OF NU TA R AR0 aiOM CHOIM
FOUND COMMENCING E3- BEGINNING Cl 41 00 20.30 19JT6 N 20 1 E
CAPPED POINT, FOUND 112'
IRON ROD CAPPED IRON ROD
CALLm 3 939'39'E)
(CALLED N 89'59'39'W) IRON ROD (CAIJJa S 69'68'39 COUNONCREIE IN (3 69'6406 E 300.13
N 89'58'49'W 546.61 S 89'66'62'E 41.66 S 69 E 246.63
C 36.39 1 �
Q YO9 ' DEED OF TRUST BETWEEN
YUU�KStt•St BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND
=a ^
tltl O1 C2 C3E N 89 16 THE BANK A NEW YORK.
`•� " H WILLIAM J.BARBER,TRUSTEE
.,y
DEED OF TRUST BETWEEN j�` CLERKS FILE N0.2001029306,OP.R.J.C. *'(F.OF Tf x'
L BAPTIST HOSPITAL OF (REMMKDER OF A CALLED 16.9617 ACRES) �� \ST 4S
SOUTHEAST TEXAS AND 29. .��(. ••
".� THE BANK OF NEW YORK,
"4 WIWAM J.BARBER,TRUSTEE S ..L••••••.••••••••••.............
1 CLERKS FILE NO.2001029306,O.P.R.J.C. W SURVEYOR'S CERTIFICATION: WALTER J.KSIAZEK
L- (REMAINDER OF A CALLED 16.9617 ACRES) N '1;
; I DO HEREBY CERTIFY.TO THE BEST OF MY KNOWLEDGE AND BELMA ....Y•..........""""""'
W 1.4 THAT IRIS IS AN ACCURATE PLAT OF A SURVEY do DESCRIPTION MADE ••.Q_ , ZI
ON THE GROUND UNDER MY SUPERVISION DURING SEPTEMBER 2012• 'POAy,.��1Q��
MINOR PLAT = C3 �. •• •yQQ
LOT 1 OF �y O$URVE
COLLEGE STREET COMPLEX
(TO BE RECORDED)
N W 53.91 REGISTERED PROFESSIONAL RVEYOR N0.532
TEMPORARY CONSTRUCTION EASEMENT SHEET NO.
FIShlpman 3
W_ PROJ= NAME: BAPTIST HOSPITAL OF SOUTHEAST TEXA
STAGG DRIVE PROJECT NO.
NOTE: REFERENCE BEARING IS THE SOUTH UNE OF THE SAID 16.9617 ACRE 1406 CORNERSTONE COURT.BEAUMONT TEXAS BEAUMONT. TEXAS 10050.0001
TRACT HAVING BEEN CALLED SOUTH 8938'00'WEST 350.35 FEET. (409)532-7238 FAX(409)832-7303 REVISED: 10-18_12 DATE'9—'19-12 TASK 9
0:\PROJECTS\10050\10050.0001\T08k 9—K mmrhwd Esmt\1OO5OT9Aec8m*Mtdw9 Oct 16,2012 10:54an
EXHIBIT C-4
HOSPITAL TEMPORARY CONSTRUCTION EASEMENT
(See attached)
062007.00754 163056
Fittz&Sh`pman
INC.
Consulting Engineers and Land Surveyors
t Ronald D.Fittz,P.E.,R.P.1.5.(1948-1987), Donald R King,RE
Terry G.Shipman,P.E.,Chairman Walter J.Ksiazek R.P.LS.
Billy J.Smith,Jr.,President
EXHIBIT C4,PAGE 1 OF 3
FIELD NOTE DESCRIPTION
OF A
0.1274 ACRE TRACT
FORA
TEMPORARY CONSTRUCTION EASEMENT
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY,TEXAS
SEPTEMBER 29,2012
That certain 0.1274 acre tract for a temporary construction easement out of the David Brown
Survey,Abstract 5,Jefferson County,Texas,and being a portion of Stagg Drive,said 0.1274
acres being more particularly described by metes and bounds as follows:
NOTE: Basis of Bearings is the south line of a called 16.9617 acre tract conveyed in a Deed of
Trust between Baptist Hospital of Southeast Texas and The Bank of New York,Wiliam J.
Barber,Trustee as recorded in Clerics File No.2001029306 of the Official Public Records of
Jefferson County,Texas having been called South 89°58'00'West.
BEGINNING at a capped iron rod found in the north line of the said 16.9617 acre tract and the
south right-of-way line of Stagg Drive for the southeast comer of a-called 0.3530 acre tract
described in Ordinance No.12-064 for the abandonment of a portion of Stagg Drive as recorded
in Clerks File No.2012029748 of the Official Public Records of Jefferson County,Texas and the
southwest comer of the said 0.1274 acre tract;
THENCE North 00°23'31'East along the east line of the said 0.3530 acre tract and the west line
of the said 0.1274 acre tract a distance of 59.89 feet(called North 00°2241"East 59.89)to a')C
set in concrete in the south line of a called 10.2334 acre tract conveyed in the said Clerks File
No.2001029306 and the north right-of-way line of Stagg Drive for the northeast comer of the
said 0.3530 acre tract and the northwest comer of the said 0.1274 acre tract;
THENCE South 89°59'48" East along the said north right-of-way line of Stagg Drive,the south
line of the said 10.2334 acre tract and the north line of the said 0.1274 acre tract,passing at a
distance of 27.96 feet(called South 89°58'00"East)a W capped iron rod in concrete set for
reference,and continuing a total distance of 92.44 feet to a point for the northeast comer of the
said 0.1274 acre tract;
Fittz g Shipman,Inc.
Page 1 of 2
Project No.10050.0001T9ConstructesmtCity
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 Fitts No.100186
EXRIBIT C4,PAGE 2 OF 3
THENCE South 00°00'15"West along the east line of the said 0.1274 acre tract a distance of
59.92 feet to a point in the said south right-of-way line of Stagg Drive and the said north line of
the 16.9617 acre tract for the southeast comer of the said 0.1274 acre tract from which a%'
iron rod found for an exterior comer of the said 16.9617 acre tract bears South 89'58'38"East
248.83 feet(called.South 89'59'39'East);
THENCE North 89°58'38"West along the said south right-of-way line of Stagg Drive,the said
north tine of the 16.9617 acre tract and the south line of the said 0.1274 acre tract a distance of
51.30 feet(called North 69°59'39"West)to a"X in concrete found for an angle point;
THENCE North 89'58'52"West continuing along the said south right-of-way line of Stagg Drive
and the said north line of the 16.9617 acre tract and the said south line of the 0.1274 acre tract
a distance of 41.55 feet(called North 89'59'39"West)to the POINT OF BEGINNING and
containing 0.1274 acres of land,more or less.
This description is based on a survey made by Fitiz&Shipman,Inc.during September 2012,
, of r
9F �,
Water J.Ksiazek
Registered Professional Land Sury or No.5321 *-...........
.,�.
N►ALiQtJ.Kg(gZEK
5321
!�oP 65to*
q-T SUAYE'l��
Fittz,g Shipman,Inc.
Page 2 of 2
Project No.10050.0001T9ConstructesmtCity
Plat&Description
i
i
I
EXHIBIT C4, PAGE 3 OF 3
I
DEED OF TRUST BETWEEN 61 V
BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND DEED OF TRUST BETWEEN
THE BANK OF NEW YORK, - BAPTIST HOSPITAL OF SoUITWAST TEXAS AND
WILIJAM J.BARBER,TRUSTEE THE BANK OF NEW YORK,
CLERKS FILE NO.2001029308,O.P.N.J.C. WILLIAM L BARBER,TRUSTEE
(PART OF A CALLED 10.2334 ACRES) CLERKS FILE NO.2001029308.O.P.R.J.C. I
(REMAINDER OF A CALLED 10.2334 ACRES) 0 15 0
MINOR PLAT Cl
OF
LOT 1 Cam'
COLLEGE STREET COMPLEX A
IRON ROD IN
(TO BE RECORDED) CONCRETE 6
27 98 4.48
S 89'5948 E 92.44 !
SET"X'IN CALLED S 89.5 00'E)
CONCRETE
ABANDONMENT OF STREET
ORDINANCE NO.12-064 CRF
CLERKS FILE NO. 2012029748,O.P.R.J.C. yl^p
(CALLED 0.3530 ACRE) n g j/4 tO) STAGG DRIVE
POINT OF S:z
BEGINNING 8.
FOUND FOUND Ol1CNpppOµµµCCC'RRRX"ET�/
CAPPED CAPPED
ON ROD IRON ROD
(CALLED N 69'59'39"11) (CALLED N 89'59'39'VA 2 8.83
N B9'58'49"W 546.61 89'50'52"W 41.55' N 89 838 W 51. 5 8938'38'E 300.13.
i (CALLED S 89'59'39'E) FOUND 1/2"
IRON ROD
DEED OF TRUST BETWEEN 1
W C2 r----rJ BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND
THE BANK OF NEW.YORK, ee F
�,y DEED OF TRUST BETWEEN w
WILLIAM J.BARBER.TRUSTEE �F....,�+1'
Oa BAPTIST HOSPITAL OF N CLERKS FILE NO.2001029308,O.P.R.J.C. co 6 FgF,9s1
SOUTHEAST TEXAS AND In I (REMAINDER OF A CALLED 16.9817 ACRES) �t fQ. O 5 W I
F�4 THE BANK OF NEW YORK.
H WdWAM J.BARBER,TRUSTEE g I SURVEYOR'S CERTIFICATION: TERM.KSMK
CLERKS FILE NO.2001029306,O.P.R.J.C. _ 'f0 1FlE BEST OF MY KNONA.EDOE AHO BELIEF, .wwN.NN.N«N..«P
.-1 (REMAINDER OF A CALLED 16.9617 ACRES) C,j I I A HEREBY CERTIFY, 5521
THAT THIS IS AN ACCURATE PLAT OF A SURVEY k DESCRIPTION MADE 4 «
ON THE GROUND UNDER MY SUPERVISION DURING SEPTEMBER 2012
MINOR PLAT I �h0$URV6�4
LOT 1 OF
COLLEGE STREET COMPLEX _J
(TO'BE RECORDED) �—'——'—+—— WALTER,L KSIAZEK
REGISTERED PROFESSIONAL SURVEYOR NIX 6321
SHEET N0.
} ahi man TEMPORARY CONSTRUCTION EASEMENT 3
���* INC. PROJECT NAME: CITY OF BEAUMONT STAGG DRIVE PROJECT N0.
NOTE: REFERENCE BEARING IS THE SOUTH LINE OF THE SAID 18.9817.ACRE 1405 CORNERSTONE COI/RT,BEAUMONT TEXAS BEAUMONT, TEXAS 10050.0001
TRACT HAYII4G BEEN CALLED SOUTH 89'58'00"WEST 350.35 FEET. (409)832-7238 FAX(409)832-7303 DATE'9-29-12 TASK 9
t.dwg Oct 02.2012 OB:118m
0:\PROJECTS\10050\10050.0001\Task 9—H—orhe9d EsNml\1005MAceessssm
I
EXHIBIT C-5
SITE PLAN WITH KNOX BOX
(See attached)
062007.00754 163056
A.
f G§ 11th STREE 38d
CD m
CD
r
c I r ! j j .1 t 1, 1 I °.Y w iii o ► I
CD
I
�
/
,V
,
�12
•~ r�
S g�° �� _ � ,III � •F.6
ag 1111 Site Plan - Exhibit C-5
N } 4 I Fittz&Shi
"Mn�Nt 3590 College Street - Beaumont,Texas
K
RICH WITH OPPORTUNITY
,
T E . S A 9 S Ci Council A enda Item
� g
TO: City Council
FROM: Kyle Hayes, City Manager
P0.
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten
foot(10')wide Exclusive Water Line Easement.
BACKGROUND
HEB Grocery Company, LP has agreed to convey a ten foot(10') wide exclusive Water Line
Easement to the City of Beaumont. The easement is described as being across a 0.3530 acre
tract out of the David Brown Survey, Abstract 5 located in the abandoned Stagg Drive ROW
described in Ordinance No. 12-064. The water line easement is for the development of a new
grocery store.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
WATER LINE EASEMENT
THAT, HEB GROCERY COMPANY, LP, a Texas limited partnership, of the
County of Bexar, 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 in hand paid to 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, a perpetual,non-exclusive,water line easement (the "Easement") to
construct, alter, and maintain waterlines and related appurtenances on the hereinafter described
lands which said Easement is under, over, in and across those certain tracts or parcels of land
owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more
particularly described in Exhibit "A", attached and made a part hereof for all purposes (the
"Easement Area").
The Easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related
appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of
Beaumont shall have the right of reasonable ingress to and egress from the Easement Area
and use of the same for the purposes aforesaid; provided, however that Grantee use of the
062007.00754 9163557
II
Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or
hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and
egress thereto.
Grantor reserves the right to continue to use and enjoy the surface of the Easement Area
for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by
Grantee for the purposes provided herein, including but not limited to the right to place surfacing
materials over and across the Easement Area and to use the same for parking areas, driveways,
walkways or sidewalks, landscaping and/or lighting; provided, however, no permanent
buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall
not be responsible for the repair and replacement of any improvements placed by Grantor
within the Easement Area and the same shall be repaired and maintained by Grantor, at
Grantor's sole cost and expense.
The conveyance of the Easement granted herein is made by Grantor and accepted by
Grantee subject to any and all existing easements, covenants, rights-of-way, conditions,
restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of
record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted
Exceptions").
This Easement may be amended or terminated only by the written consent of the parties
hereto, or their respective successors and assigns.
062007.00754 4163557
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but
not otherwise, subject to the Permitted Exceptions.
[Signature Page Follows]
062007.00754 9163557
EXECUTED this day of 32012.
GRANTOR:
HEB Grocery Company,LP,
a Texas limited partnership
By:
Printed Name: Todd A. Piland
Title: Executive Vice President
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF BEXAR §
BEFORE ME, the undersigned authority, on this day personally appeared Todd A.
Piland,the Executive Vice President of HEB Grocery Company,LP, a Texas limited partnership,
known to me to be the person and officer whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same as the act of such limited partnership for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,
2012.
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy—Engineering
P.O. Box 3827
Beaumont, TX 77704
062007.00754#163557
EXHIBIT A
(See attached)
062007.00754#163557
RESOLUTION NO.
WHEREAS, HEB Grocery Company, LP has agreed to convey a ten (10) foot wide
exclusive water line easement, said easement being across a 0.3530 acre tract out of the
David Brown Survey, Abstract 5 located in the abandoned Stagg Drive right-of-way, as
described in Exhibit"A"and shown on Exhibit"B,"attached hereto, to the City of Beaumont
for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or
removing water lines and appurtenances to facilitate the development of a new grocery
store; 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 HEB Grocery Company, LP, as described in
Exhibit"A" and shown on Exhibit"B," be and the same is hereby, in all things, accepted for
the stated purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
Fitts&Shipman
INC.
Consulting Engineers and Land Surveyors
Ronald D.Ftu,P.E.,R.P.L.S.(1948-1987) Donald R.IGn&P.E.
Terry C.Shipman,P.E,Chairman Walter J.Ksiazek,R.P.L.S.
Billy J.Smith,Jr.,President
CENTERLINE DESCRIPTION
FORA
10'WIDE EXCLUSIVE WATER LINE EASEMENT
OUT OF THE,
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY,TEXAS
SEPTEMBER 18,2012
That certain centerline for a 10'wide exclusive water line easement out of the David Brown Survey,Abstract 5,
Jefferson County,Texas,and being across a 0.3530 acre tract for the abandonment of a portion of Stagg Drive
described in Ordinance No.12-064 as recorded in Clerks File No.2012029748 of the Official Public Records of
Jefferson County,Texas,said centerline being more particularly described by the courses and distances as follows:
NOTE: Basis of Bearings is the south line of a called 16.9617 acre tract conveyed in a Deed of Trust between
Baptist Hospital of Southeast Texas and The Bank of New York,William J.Barber,Trustee as recorded in Clerks
File No.2001029306 of the Official Public Records of Jefferson County,Texas having been called South 89°58'00"
West.
COMMENCING at a capped iron rod found in the south right-of-way line of Stagg Drive for the southeast comer of
the said 0.3530 acre tract from which a capped iron rod found at the intersection of the east right-of-way line of 11th
Street and the south right-of--way line of Stagg Drive for the northwest comer of the said 16.9617 acre tract bears
North 89°5849"West 546.61 feet(called North 89°59'39'West);
THENCE North 00°23'31"East along the east line of the said 0.3530 acre tract a distance of 48.88 feet(called North
00°22'41'East)to a point for the POINT OF BEGINNING of the said centerline of the 10'wide exclusive water line
easement;
THENCE North 89°59 31'West along the said centerline a distance of 257.17 feet to a point in the west line of the
said 0.3530 acre tract for the POINT OF TERMINATION of the said centerline of the 10'wide exclusive water line
easement from which a PK nail found in concrete for the southeast comer of a called 0.477 acre tract conveyed to
Carey R.Fracht and wife,Patricia L.Fracht as recorded in Film Code 103-21-2215 of the Real Property Records of
Jefferson County,Texas and the northwest corner of the said 0.3530 acre tract,bears North 00°26'02'West 10.99
feet(called North 00°26'52'West).
This description is+bason a survey made by Fittz&Shipman,Inc.during September 2012.
PlE O F��Waiter J.Ksiaae t r .'' 1 S Tyr,Registered Profesd
jurvNo.5321 f'¢c` Aga *
Ftrz&Shipman,Inc. KK
....'—.
Page 1 of 1 ° 5321
P�
Project No.10050TBWaterlineesmt S s 1oAA`
Plat&Description q4+p S~'"tt yp�h
1405 Cornerstone Court•Beaumont,Texas 77706•( 9)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"
I
NOW OR FORMERLY Rg
CAREY R. FRACHT DEED OF TRUST BETWEEN
AND WIFE, DEED OF TRUST BETWEEN BAPTIST HOSPITAL OF
PATRICIA L. FRACHT #' BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND I
OF NEW YORK, SOUTHEAST TEXAS AND
THE BANK
FILM CODE 103-21-2215,R.P.R.J.C. 8� THE BANK OF NEW YORK,
(CALLED 0.477 ACRE) Ilb WILLIAM J. BARBER, TRUSTEE WILLIAM J. BARBER, TRUSTEE
010 CLERKS FILE NO,2001029306.O.P.R.J.C. CLERKS F0.£N0,2001029306,O.P.R.J.C.
29 PART OF A CALLED 10.2334 ACRES) (REMAINDER OF A CALLED 10.2334 ACRES)
90
AZ
FOUND PK CENTERLINE 10' WIDE SET V1 D IRON OD
CONCRETE EXCLUSIVE WATER LINE
10.99 EASEMENT IRON R00
t
Itl ----rte------ -----------------------
STAGG DRIVE �# __________________ _ ___ W
(FORMERLY KNOWN AS FORSYTHE STREET) lV ——————— W< N 89'59'48" W 27.96
(60'PUBLIC R.O.W.) o POINT OF TERMINATION N 69'59'31' W 257.17 POINT OF BEGINNING (CALLED N 69'5e'00•w)
z j f CENTERLINE 10' WIDE CENTERLINE 10' WIDE a� z n m
STAGG DRIVE
EXCLUSIVE WATER LINE ABANDONMENT OF STREET EXCLUSIVE WATER LINE 6p h
ABANDONMENT OF STREET EASEMENT CLERKS FILE NO.201220219748 O.P.R.J.C. EASEMENT Z (FORMERLY KNOWN AS FORSYTHE STREET)
ORDINANCE NO. 12-063 2 (50'PUBLIC R.O.W.) 1"'
CLERKS FILE NM 2012029747,O,P.R.J.C. (CALLED 0.3330 ACRE) Z
LED .0356 ArAF1 _m
N 89'58'49' W 546.61 COMMENCING X
FOUND SET 1/2• (CALLED N 89'59'39'W) POINT LL)
CAPPED CAPPED
RON ROD IRON ROD FOUND
CAPPED
IRON ROD DEED OF TRUST BETWEEN
DEED OF TRUST BETWEEN BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND
�+ BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND THE BANK OF NEW YORK,
r4 THE BANK OF BARBER, TRUSTEE WILLIAM J. BARBER, TRUSTEE
CLERKS FILE NO.2001029305,O.P.R.J.C.
CLERKS FILE NO.2001029306,O.P.R.J.C. (REMAINDER OF A CALLED 16,9617 ACRES)
(PART OF A CALLED 16.9617 ACRES)
1
SURVEYOR'S CERTIFICATION:
1 DO HEREBY CERTIFY,TO THE BEST OF MY KNOWLEDGE AND BELIEF. - - ZZ��
THAT THIS O D ACCURATE PLAT VI A SURVEY d:DESCRIPTION MADE OME
ON THE GROUND UNDER MY SUPERVISION DURING SEPTEMBER 2012.
A
L It
g��olsrF 19:N.��;
a
WALTER L KSIAZEK � NOTE: REFERENCE BEAREE0 IS THE SOUTH 100E OF THE SAID 16.9617 ACRE
WW TRACT HAVING BEEN CALLED SOUTH 8956'00'WEST 350.35 FEET, I
REGISTERED PROFESSIONAL NO SURVEYOR N0.5321 sasLTR I KS Ah SHEET NO.
.0 5321 er° Fi $hl man 10' WIDE EXCLUSIVE WATER LINE EASEMENT 1
��yFas�°1��, INC. PROJECT NAIL: HEB GROCERY COMPANY, LP
gDyg STAGG DRIVE PROJECT NO.
1405 CORNERSTONE COURT,BEAUMONT.TEXAS BEAUMONT, TEXAS 12067
0:\PROJECTS\10050\10050.0001\Tmk 8-Eouments\10D50TBEsmtadv9 Sao 19,2012 03:02pm (409)832-7238 FAX(409)832-7303 DATj;9-17-12 TASK 8
L
RICH WITH OPPORTUNITY
[IEAUMON*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten
foot(10')wide Sanitary Sewer Easement.
BACKGROUND
HEB Grocery Company, LP has agreed to convey a ten foot(10')wide exclusive Sanitary Sewer
Easement to the City of Beaumont. The easement is described as being across a 0.3530 acre
tract out of the David Brown Survey, Abstract 5 located in the abandoned Stagg Drive ROW
described in Ordinance No. 12-064. The sanitary sewer easement is for the development of a
new grocery store.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
SANITARY SEWER EASEMENT
THAT, HEB GROCERY COMPANY, LP, a Texas limited partnership, of
the County of Bexar, State of Texas, hereinafter called "GRANTOR", w h e t h e r o n e o r
m o r e, for and in consideration of the sum of ONE AND N 0/100 DOLLAR ($1.00), and
other good and valuable consideration in hand paid to 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. 0. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas,
its successors and assigns, a perpetual, non-exclusive, sanitary sewer easement (the
"Easement") to construct, alter, and maintain sanitary sewer lines and related
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 and
made a part hereof for all purposes (the "Easement Area").
The Easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, removing sanitary sewer lines and
related appurtenances in the Easement Area, and, it is expressly understood and agreed that the
City of Beaumont shall have the right of reasonable ingress to and egress from the Easement
1
062007.00754#164158
Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the
Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or
hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and
egress thereto.
Grantor reserves the right to continue to use and enjoy the surface of the Easement Area
for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by
Grantee for the purposes provided herein, including but not limited to the right to place surfacing
materials over and across the Easement Area and to use the same for parking areas, driveways,
walkways or sidewalks, landscaping and/or lighting; provided,however, no permanent buildings
may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be
responsible for the repair and replacement of any improvements placed by Grantor within the
Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole
cost and expense.
The conveyance of the Easement granted herein is made by Grantor and accepted by
Grantee subject to any and all existing easements, covenants, rights-of-way, conditions,
restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of
record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted
Exceptions").
This Easement may be amended or terminated only by the written consent of the parties
hereto,or their respective successors and assigns.
2
062007.00754#164158
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever, by,through, or under Grantor, but
not otherwise, subject to the Permitted Exceptions.
[Signature Page Follows]
3
062007.00754#164158
EXECUTED this day of , 2012.
GRANTOR:
HEB Grocery Company,LP,
a Texas limited partnership
By:
Printed Name: Todd A. Piland
Title: Executive Vice President
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF BEXAR §
BEFORE ME, the undersigned authority, on this day personally appeared Todd A.
Piland, the Executive Vice President of HEB Grocery Company,LP,a Texas limited partnership,
known to me to be the person and officer whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same as the act of such limited partnership for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,
2012.
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy—Engineering
P.O. Box 3827
Beaumont, TX 77704
4
062007.007549164158
EXHIBIT A
(See Attached)
062007.00754#164158
RESOLUTION NO.
WHEREAS, HEB Grocery Company, LP has agreed to convey a ten (10) foot wide
sanitary sewer easement, said easement being across a 0.3530 acre tract out of the David
Brown Survey,Abstract 5 located in the abandoned Stagg Drive right-of-way, as described
in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the
purpose of placing,constructing,operating,repairing,rebuilding, relocating and/or removing
sewer lines and appurtenances to facilitate the development of a new grocery store; 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 HEB Grocery Company, LP, as described in
Exhibit"A" and shown on Exhibit"B," be and the same is hereby, in all things, accepted for
the stated purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
INC.
Consulling Engineers and Land Surveyors
Ronald D.Finz,P.E.,R.P.L.S.(1948-1987) Donald R-King,P.E.
Terry G.Shipman,P.E.,Chairman Walter J.Ksiazek,R.P.L.S.
Billy J.Smith,Jr.,President
CENTERLINE DESCRIPTION
FOR A
10'WIDE EXCLUSIVE SANITARY SEWER EASEMENT
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY,TEXAS
SEPTEMBER 18,2012
REVISED:SEPTEMBER 25,2012
That certain centerline for a 10'wide exclusive sanitary sewer easement out of the David Brown Survey,Abstract 5,
Jefferson County,Texas,and being across a 0.3530 acre tract for the abandonment of a portion of Stagg Drive
described in Ordinance No. 12-064 as recorded in Clerks File No.2012029748 of the Official Public Records of
Jefferson County,Texas,said centerline being more particularly described by the courses and distances as follows:
NOTE: Basis of Bearings is the south line of a called 16.9617 acre tract conveyed in a Deed of Trust between
Baptist Hospital of Southeast Texas and The Bank of New York,William J. Barber,Trustee as recorded in Clerks
File No.2001029306 of the Official Public'Records of Jefferson County,Texas having been called South 89°58'00"
West.
COMMENCING at a capped iron rod found in the south right-of-way line of Stagg Drive for the southeast comer of
the said 0.3530 acre tract from which a capped iron rod found at the intersection of the east right-of-way line of 1 Vh
Street and the south right-of-way line of Stagg Drive for the northwest comer of the said 16.9617 acre tract bears
North 89°58'49"West 546.61 feet(called North 89°59'39"West);
THENCE North 00°23'31"East along the east line of the said 0.3530 acre tract a distance of 29.10 feet(called North
00°22'41"East)to a point for the POINT OF BEGINNING of the said centerline of the 10'wide exclusive sanitary
sewer easement; ,
THENCE North 89°59'31"West along the said centerline a distance of 256.89 feet to a point in the west line of the
said 0.3530 acre tract for the POINT OF TERMINATION of the said centerline of the 10'wide exclusive sanitary
sewer easement from which a PK nail found in concrete for the southeast comer of a called 0.477 acre tract
conveyed to Carey R.Fracht and wife,Patricia L. Fracht as recorded in Film Code 103-21-2215 of the Real Property
Records of Jefferson County,Texas and the northwest corner of the said 0.3530 acre tract, bears North 00°26'02"
West 30.77 feet(called North 00°26'52"West).
This description isbwd on a survey made by Fittz&Shipman tember 2012.
Wafter.f.Ksiaz k *5,' GIs
Registered Professiorrdl Land Surveyor No.5321 *J
Fittz g Shipman,Inc, .a 21
Page 1 of 1 VOAI f'
Project No.10050T$SanSeweresmt
Plat&Description ��SURV00
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"
NOW OR FORMERLY $M
CAREY R. FRACHT DEED OF TRUST BETWEEN DEED OF TRUST BETWEEN
D WIFE, BAPTIST HOSPITAL OF
AND
L. FRACHT 3^ BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND SOUTHEAST TEXAS AND
FILM CODE 103-21-2215,R.P.R.J.C. 83 THE BANK OF NEW YORK, THE BANK OF NEW YORK,
(CALLED 0.477 ACRE) 1 WILLIAM J. BARBER, TRUSTEE WILLIAM J. BARBER, TRUSTEE
00 CLERKS FILE NO. 2001029308, O.P.R.J.C. CLERKS FILE NO.2001029306, O.P.R.J.C.
(REMAINDER OF A CALLED 10.2334 ACRES)
Z (REMAINDER OF A CALLED 10.2334 ACRES)
.8
y
FOUND PK v SET 1/2"
NAIL IN CENTERLINE 10' WIDE SET CAPPEo IRON CAPPED
ROD
CONCRETE EXCLUSIVE SANITARY IRON ROD
SEWER EASEMENT
POINT OF BEGINNING \
STAGG DRIVE w 3 n CENTERLINE 10' MADE w \
n n EXCLUSIVE SANITARY W&
(FORMERLY KNOWN AS FORSYTHE STREET) N 00 M SEWER EASEMENT ° N N(CALLED 48" W 27.96
O fy (CALLED N 89'58'00'W)
(60 PUBLIC R.o.w.) $fin ---- --N 89'59'31" W 256.89 ------------
6N.6 STAGG DRIVE
qqqq ---------- --------
ABANDONMENT OF STREET O ——————————— ——— O ww (FORMERLY KNOWN AS FORSYTHE STREET) m
ORDINANCE NO. 12-063 a y POINT OF TERMINATION ABANDONMENT OF STREET O y a (60'PUBLIC R.O.W.)
CLERKS FILE NO. 2072029747, O.P.R.J.C. v CENTERLINE 10' WIDE ORDINANCE NO.12-064 �-
(CALLED 0.0356 ACRE CLERKS FILE NO. 2012029748,O.P.R.J.C. 01
EXCLUSIVE SANITARY (CALLED 0.3530 ACRE) N m
SEWER EASEMENT _
E- N 89'58'49" W 546.61 COMMENCING
FOUND SET 1/2' (CALLED N 89'59'39"W) POINT LLLI
CAPPED CAPPED
�+ IRON ROD IRON ROD FOUND
�y CAPPED
t��`-±� IRON ROD
r
DEED OF TRUST BETWEEN
2o R
BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND
THE BANK OF NEW YORK, D�O
SURVEYOR'S CERTIFICATION: WILLIAM J. BARBER, TRUSTEE ��CC�__�
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, y CLERKS FILE NO. 2001029306, O.P.R.J.C. $ A
THAT THIS IS AN ACCURATE PLAT OF A SURVEY b:DESCRIPTION MADE .40�.'.Di� T�'1 (REMAINDER OF A CALLED 16.9677 ACRES)
ON THE GROUND UNDER MY SUPERVISION DURING SEPTEMBER 2012. 1ST�A%�*
I/An✓{ � WALTER J.K3IAZEK
WALTER J. KSIAZEK 7M" NOTE: REFERENCE BEARING IS THE SOUTH UN OF THE SAID 16.9617 ACRE
REGISTERED PROFESSIONAL LAND SURVEYOR N0. 27 .n 9 5321 t{ TRACT HAVING BEEN CALLED SOUTH 89 8'00"WEST 350.35 FEET.
6s%0 10' WIDE EXCLUSIVE SANITARY SEWER EASEMENT SHEET NO.
sump'° Fittz&Shipman pROJEC'P NAME: HEB GROCERY COMPANY, LP 1
ro rwlsE STAGG DRIVE PROJECT NO.
1405 CORNERSTONE COURT,BEAUMONT,TEXAS BEAUMONT, TEXAS REVISED: 9-25-12 12067
(409)832-7238 FAX(409)832-73D3 DATE:9-18-12 TASK 8
O:\PROJECTS\10050\10050.0001\Task 8— E05ements\ID050T8Esmts.dwg Sep 25, 2012 09:57om
M
RICH WITH OPPORTUNITY
BEAUMON* Ci Council AQenda Item
T E S . A S t b
TO: City Council
FROM: Kyle Hayes, City Manager
po
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten
foot(10')wide General Utility Easement.
BACKGROUND
HEB Grocery Company, LP has agreed to convey a ten foot(10')wide General Utility Easement
to the City of Beaumont. The easement is described as a 0.0601 acre tract out of the David
Brown Survey, Abstract 5 located across abandoned portion of Stagg Drive ROW described in
Ordinance No. 12-064. The general utility easement is for the development of a new grocery
store.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
GENERAL UTILITY
EASEMENT
THAT, HEB GROCERY COMPANY, LP, a Texas limited partnership, of
the County of Bexar, State of Texas, hereinafter called "GRANTOR", whether one or more,
for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other
good and valuable consideration in hand paid to 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, have GRANTED, SOLD and
CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF
BEAUMONT, P. O . Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its
successors and assigns, a perpetual, non-exclusive, general utility easement (the
"Easement") to construct, alter, and maintain general utility lines and related improvements
and related 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 City
of Beaumont,Jefferson County, Texas, and being more particularly described in Exhibit "A",
attached and made a part hereof for all purposes (the "Easement Area").
The Easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and removing general utilities and related
appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of
Beaumont -shall have the right of reasonable ingress to and egress from the Easement Area
and use of the same for the purposes aforesaid; provided, however that Grantee use of the
1
062007.00754#164159
Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or
hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and
egress thereto.
Grantor reserves the right to continue to use and enjoy the surface of the Easement Area
for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by
Grantee for the purposes provided herein,including but not limited to the right to place surfacing
materials over and across the Easement Area and to use the same for parking areas, driveways,
walkways or sidewalks, landscaping and/or lighting; provided,however,no permanent buildings
may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be
responsible for the repair and replacement of any improvements placed by Grantor within the
Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole
cost and expense.
The conveyance of the Easement granted herein is made by Grantor and accepted by
Grantee subject to any and all existing easements, covenants, rights-of-way, conditions,
restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of
record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted
Exceptions").
This Easement may be amended or terminated only by the written consent of the parries
hereto,or their respective successors and assigns.
2
062007.00754#164159
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but
not otherwise, subject to the Permitted Exceptions.
[Signature Page Follows]
3
062007.00754#164154
EXECUTED this day of ) 2012.
GRANTOR:
HEB Grocery Company,LP,
a Texas limited partnership
By:
Name: Todd A. Piland
Title: Executive Vice President
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF BEXAR §
BEFORE ME, the undersigned authority, on this day personally appeared Todd A.
Piland,the Executive Vice President of HEB Grocery Company,LP, a Texas limited partnership,
known to me to be the person and officer whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same as the act of such limited partnership for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,
2012.
Notary Public, State of Texas
RETURN TO: City of Beaumont
P.O. Box 3827
Beaumont, TX 77704
880-3728
4
062007.00754#164159
EXHIBIT A
(See attached)
062007.00754 4164159
RESOLUTION NO.
WHEREAS, HEB Grocery Company, LP has agreed to convey a ten (10) foot wide
general utility easement, said easement being a 0.0601 acre tract out of the David Brown
Survey, Abstract 5 located across the abandoned portion of Stagg Drive right-of-way, as
described in Exhibit"A"and shown on Exhibit"B,"attached hereto, to the City of Beaumont
for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or
removing utilities and appurtenances to facilitate the development of a new grocery store;
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 HEB Grocery Company, LP, as described in
Exhibit"A" and shown on Exhibit"B," be and the same is hereby, in all things, accepted for
the stated purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
Fittz&Shipman
INC.
Consulting Engineers and Land Swveyors
Ronald D.Fttz,P.E.,R.P.L.S.(1948-19B7) Donald R.IGn$P.E.
Terry C.Shipman,P.E.,Chairman Walter J.Ksazek,R.P.LS.
Billy J.Smith,Jr.,President
FIELD NOTE DESCRIPTION
OF A
0.0601 ACRE TRACT
FOR A
10'WIDE GENERAL UTILITY EASEMENT
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY,TEXAS
SEPTEMBER 18,2012
That certain 0.0601 acre tract out of the David Brown Survey,Abstract 5,Jefferson County,
Texas,and being across a portion of a called 10.2334 acre tract conveyed in a Deed of Trust
between Baptist Hospital of Southeast Texas and The Bank of New York,William J.Barber,
Trustee as recorded in Clerks File No.2001029306 of the Official Public Records of Jefferson
County,Texas and a 0.3530 acre tract for the abandonment of a portion of Stagg Drove
described in Ordinance No.12-064 as recorded in Clerks File No.2012029748 of the Official
Public Records of Jefferson County,Texas,said 0.0601 acres being more particularly described
by metes and bounds as follows:
NOTE: Basis of Bearings is the south line of a called 16.9617 acre tract conveyed in the said
Clerks File No.2001029306 having been called South 89°58'00"West.
COMMENCING at a capped iron rod found in the south right-of-way line of Stagg Drive for the
southeast comer of the said 0.3530 acre tract from which a capped.iron rod found at the
intersection of the east right-of-way line of 11th Street and the south right-of-way line of Stagg
Drive for the northwest comer of the said 16.9617 acre tract bears North 89°58'49"West 546.61
feet(called North 89°59'39°West);
THENCE North 00°23'31'East along the east line of the said 0.3530 acre tract a distance of
53.88 feet(called North 00°22'41"East)to a point for the southeast comer of the said 0.0601
acre tract and the POINT OF BEGINNING;
THENCE North 89°59'31"West along the south line of the said 0.0601 acre tract a distance of
257.24 feet to a point in the west fine of the said 0.3530 acre tract for the southwest comer of
the said 0.0601 acre tract;
THENCE North 00°26'02"West along the west line of the said 0.3530 and 0.0601 acre tracts,
passing at a distance of 5.99 feet a PK nail found in concrete for the southeast comer of a
called 0.477 acre tract conveyed to Carey R.Fracht and wife,Patricia L.Fracht as recorded in
Fittz B Shipman,Inc.
Page 1 of 2
Project No.1005MUtilityesmt
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"
Film Code 103-21-2215 of the Real Property Records of Jefferson County,Texas,the
southwest comer of the said 10.2334 acre tract and the northwest comer of the said 0.3530
acre tract,and continuing a total distance of 10.00 feet(called North 00°26'52"West and North
00°17'00"West)to a point for the northwest comer of the said 0.0601 acre tract;
THENCE South 89°59'31'East along the north line of the said 0.0601 acre tract a distance of
265.70 feet to a point for the northeast corner of the said 0.0601 acre tract;
THENCE South 54°38'39'East along a northeasterly line of the said 0.0601 acre tract a
distance of 6.89 feet to a point in the north right-of-way line of Stagg Drive and the south line of
the said 10.2334 acre tract for the most easterly point of the said 0.0601 acre tract;
THENCE North 89°59'48'West along the said north right-of-way line of Stagg Drive,the said
south line of the 10.2334 acre tract and an interior line of the said 0.0601 acre tract a distance of
13.96 feet to a capped iron rod set for the northeast corner of the said 0.3530 acre tract and
an interior comer of the said 0.0601 acre tract;
THENCE South 00°23'31"West along the east line of the said 0.3530 acre tract and the east
line of the said 0.0601 acre tract a distance of 6.01 feet(called South 00°22'41'West)to the
POINT OF BEGINNING and containing 0.0601 acres of land,more or less.
This description is based on a survey made by Fitz&Shipman,Inc.during September 2012.
F�T��t
Qi a'ss�e9ti�,Icp
Wafter J.Ksiazek # ?�
Q F�� t
Registered Professiona and Survey No.5321»--..... �
V ALTER J.Kt31AZE8i
p 5321 -7"
a,�:ssk a
�SURYt<�� •
Fitts g Shipman,Inc.
Page 2 of 2
Project No.10050T8Ublityesmt
Plat&Description
i
I
NOW OR FORMERLY RM
CAREY R. FRACHT DEED OF TRUST BETWEEN DEED Of TRUST BETWEEN
AND WIFE, BAPTIST HOSPITAL OF
PATRICIA L. FRACHT #� BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND SOUTHEAST TEXAS AND
FILM CODE 103-21-2215,R.P.R.J.C. $3 THE BANK OF NEW YORK, THE BANK OF NEW YORK,
WILLIAM J. BARBER, TRUSTEE WILLIAM J. BARBER, TRUSTEE
(CALLED 0.477 ACRE) rg" CLERKS FILE NO. 2001029308,O P.R.,LC.
CLERKS FILE N0.2001029306,O.P.R.J.C.
Z (PART OF A CALLED 10.2334 ACRES) (REMAINDER OF A CALLED 10.2334 ACRES) !
I
y iG' WIDE GENERAL
unuTY EASEMENT SET FOUND IN 0.0601 ACRE Cw; RONIROD
CONCRETE
———————
---^ S 89'59'31" E 285.70 ---^———— ° -- (?
L3 i
- ------------------- ------ W
STAGG DRIVE av'j N 89'5931 W 257.24 POINT OF W o
(FORMERLY KNOWN AS FORSYTHE STREET) ""N pp BEGINNING r (CALLED 4g%WGO'W)8
(60'PUBLIC R.O.W.) G Iq ABANDONMENT OF STREET M
g 10 ORDINANCE NO.12-054
�bV CLERKS FILE NO.2012029748,O.P.R.J.C. Z.°n STAGG DRIVE _
ABANDONMENT OF STREET °O (CALLED 0.3530 ACRE) � ° (FORMERLY KNOWN AS FORSYTHE STREET) -
ORDINANCE NO.12-063 y SET 1/2" ���..7{{{ (60'PUBLIC R.O.W.) m
CLERKS FILE NO.2012029747,O.P.R.J.C. CAPPED Z U -
(CALLED 0 56 A E IRON ROD �-
_m
N 89'58'49' W 548.81 COMMENCING =
FOUND (CALLED N 89'59'39"W) POINT v
CAPPED /�
IRON ROD FOUND
DAPPED DEED OF TRUST BETWEEN LLJ
DEED OF TRUST BETWEEN IRON ROD BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND
BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND THE BANK OF NEW YORK,
THE BANK OF NEW YORK, WILLIAM J. BARBER, TRUSTEE
WILLIAM J. BARBER, TRUSTEE CLERKS FILE NO.20010293M.O.P.R.J.G
CLERKS FILE NO.2001029305,O.P.IL tr- (REMAINDER OF A CALLED 16.9617 ACRES)
(PART OF A CALLED 16.9617 ACRES)
SURVEYOR'S CERTIFICATION: NUMBER DIRECTION DISTANCE ^
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, Li N 00'28 02 W 10.00
THAT THIS IS AN ACCURATE PLAT OF A SURVEY k DESCRIPTION MADE y L2 S .514'38 39 E 6.89 0 20 0
ON THE GROUND UNDER MY SUP DURING SEPTEMBER 2012. �'��OF r`. L3 N 89.59 48 W 13.98 i
'1
a Te9F+��' L4 S 00"23 31 W 6.01 A L
WALTER J.KNAM NOTE: REFERENCE SEARING IS THE SOUTH LW OF THE SAID 16.9617 ACRE
WALTER J.KSIAZEK y.«. TRACT HAVING BEEN CALLED SOUTH 89'58'00"WEST 350.35 FEET.
REGISTERED PROFESSIONAL LAND VEYOR NO.53 """'"""""°"��"""�"�°"'"'
0 �'z} v;
90oess`°" Fitltz�Shipman 10' WIDE GENERAL UTILITY EASEMENT SHEET NO.
try 8UgYEVO w. PROJWT NA : HEB GROCERY COMPANY, LP
STAGG DRIVE PROJECT NO.
14DS CORNERSTONE COURT,BEAUMONT.TEXAS BEAUMONT, TEXAS 12067
4.\PROJECTS\10050\10050.0001\Task B—Eoaemsnte\t pO50T8Eemta.dWq Sep 19.2012 03:02pm
(409)532-7236 FAX(409)632-7303 DM:9-17-12 TASK 8
N
RICH WITH OPPORTUNITY
BEAUM"10N*
T • E ,. X • A . S City g Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Charles W. Jeffcoat, Assistant Chief of Police —
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider a resolution approving the City Manager
to execute all documents necessary, specifically including a
Memorandum of Understanding between the Beaumont
Police Department and Department of Public Safety.
BACKGROUND
The Motor Carrier Safety Assistance Program is an ongoing effort of the Department of Public
Safety and qualifying local law enforcement agencies, of which the Beaumont Police Department
is one. The goal of the program is to reduce commercial motor vehicle crashes, fatalities, and
injuries through consistent,uniform,and effective commercial motor vehicle safety programs. An
important part of this program is the inspection of commercial motor vehicles. The goal of these
inspections is to identify and correct dangerous conditions to prevent injury and loss of life.
FUNDING SOURCE
DOT fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to enter into a Memorandum of
Understanding with the Texas Department of Public Safety for participation in the Motor
Carrier Safety Assistance Program. The agreement is substantially in the form attached
hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
Mayor Becky Ames -
MEM&ADUNf OF UNDERSTANDING
b:
Between
THE TEXAS DEPARTMENT OF PUBLIC SAFETY
(The"Department')
-and-
BEAUMONT POLICE DEPARTMENT
(The"Municipality"
General Agreement
The goal of the Motor Carrier Safety Assistance Program is to reduce CMV-involved crashes,.
fatalities, and injuries.through consistent, uniform, and effective CMV safety programs. Effective
safety programs increase the likelihood that safety defects, driver deficiencies, and unsafe motor
carrier practices are detected and corrected before they become contributing factors to crashes.
In order to maximize the effective utilization of commercial motor vehicle, driver,, and cargo
inspection resources; to avoid duplicabpn of effort and to expand the number of inspections
performed; to advance uniformity gf'lft! qop;° and to minimize delays in schedules incurred by
industry inherent to this type of eh N�ment activity, the undersigned parties enter into. this
Memorandum of Understanding (MOU).
In recognition of the many agencies - federal, state, county, and municipality— engaged in the
inspection Of commercial motor vehicles, their drivers, and cargo within the State of Texas; and the
need for a basic delineation of routine responsibility, it is agreed:
1. The Department of Public Safety will Inspect vehicles operating over public highways and at
carrier terminal facilities.
2. Other allied agencies will, as a routine practice, confine inspection activities to vehicles
operating over public highways and city streets in their jurisdiction with the exception of
municipal police officers certified under Texas Transportation Code, Section 644.101; such
municipal officers may conduct vehicle inspections at carrier terminal facilities.
Signatories to this MOU agree that it.is very important to ensure the timeliness and accuracy
of information recorded about both interstate and intrastate motor carriers in their respective carrier
profiles. To this end, ttre Federal Motor Carrier Safety Administration has imposed timeliness and
accuracy standards on the Department regarding information about motor carriers. The Department,
in turn, has established timeliness : curacy standards for itself and for counties and
municipalities engaged in the inspectfotr: �SMnercial motor vehicles.
Signatories to this MOU agree that their authorized inspection representatives (Program
Coordinators) will implement procedures in accord with minimum standards contained herein.
In order to advance uniformity in the inspection of commercial motor vehicles and their
operators, parties to this MOU agree to adopt the CVSA's North American Standard Roadside
Inspection Procedures and North American Standard Out-of-Service Criteria as adopted by the
Department of Public Safety under Chapter 644, Texas Transportation Code (the "Transportation
Code" at http://www.statutes.legis.state.tx.uso; Tide 37, Texas Administrative Code ("TAC" at
http://www.sos.state.tx.us/tagLindex.shtml), Chapter 4, Subchapter B; Chapter 16, Subchapter A;
01 Current MoU-January 2012
MOU with Beaumont Police Depa ww*,Traffic DNiston
Page 1 of 6 P:\MCCA\MOUs\Master Correspondence\01 Qurent MOU-January 2012.doc
EXHIBIT "A"
and Chapter 21 and any amendments thereto, and the most current version of the Commercial
Vehicle Enforcement Guidance Documents.provided by the Department.
CommercigVehick Soft Alliance (CV
elmf Inspecdon
Level I North American Standard
Level II Walkaround Inspection
Level III Driver Only Inspection
Level IV Special Inspection
Level V Vehicle-Only Inspection (Terminal)
ResRQnsibilltles of the Department
In order to better implement and maintain the standards and agreements contained in this
MOU, the Department agrees to:
1. Train, retrain (as necessary or desirable), test, and certify the inspectors of the political
subdivision as per the agreement between the Department of Public Safety and the CVSA.
2. Approve inspection forms for all inspections conducted in conformance with this
agreement.
3. Approve vehicle and driver out-of:service stickers.
4. Supply CVSA decals on a cost recovery basis to municipalities and counties.
5. Supply software necessat*I O data entry of all Inspection information, on a cost
recovery basis to municipal `19' d aunties.
6. Upon request, the municipalities and counties may be supplied.with inspection data.
7. Forward challenges of data in inspections or crash reports to the municipalities and
counties for their investigation.
The Department may conduct random in-person observation of Inspections conducted by the
Municipality in order to ensure that the Municipalkys inspectors maintain practical proficiency in the
program.
ftMnsibilitles of the Munid2ality
The Municipality will enroll officers who have not met the minimum certification requirements
for enforcement of Chapter 644 of the Code in training programs required by 37 TAC §4.13(b)
necessary for certification prior to using these officers for commercial vehicle enforcement. The
Municipality will reimburse the Department for costs associated with any training provided by the
Department under 37 TAC §4.13(b)(5).
The Municipality will require all defects disclosed during the inspection process to be corrected.
The Municipality will adopt, t. mmended Out-of-Service and other defect repair
t � .
verification.procedures as developed! } #
The Municipality agrees to honor the CVSA inspection decals affixed to those vehicles by all
authorised agencies. It further agrees that CVSA decals shall be affixed to vehicles which pass the
Level I or V CVSA inspection with no disqualifying violations under the North American Standard
Roadside Inspection Procedures and North American Standard Out-of-Service Criteria.
The 'Municipality will implement a program to ensure Its officers perform the required
inspections annually as specified in 37 TAC §4.13(c), and successfully complete the required annual
MOU with Beaumont Police De 9nment,Traffic Wow
Page 2 of 6 P:\MCCA\MOUs\Master Correspondenae\01 Current MW-January 2012.doc
certification training to maintain their certification. To further program goals and achieve the highest
quality in inspections, the Municipality will ensure that its officers conduct more than the minimum
number of inspections required to maintain certification and that inspections are evenly distributed
throughout the year to maintain enforcement continuity.
The Municipality will immediately suspend from performing-CVSA enforcement and inspections
any officer who fails to maintain his certification or who fails to perform the required inspections
following CVSA's North American Standard Uniform Inspection Procedures and North American
Standard Out-of-Service Criteria guidelines..:
The Municipality will send a::f �' 've to the annual MCSAP meeting held by the
Department to ensure familiarity with `a i to policies and procedures.
If the Municipality wishes to continue commercial vehicle enforcement beyond the date
specified in the Termination of Certification section of this MOU, the Municipality will mail or FAX a
renewal request not more than sixty days nor less than thirty days prior to the expiration of this
MOU.
The Municipality further agrees to the following conditions:
1. Inspections will only be conducted by the CVSA certified inspectors.
2. When performing inspections as described herein, said inspections shall be documented on
the most recent version of forms and software approved by the Department and conducted
following the guidelines approved by the Department. Forms and software will not be
altered without Department approval.
3. The Municipality will ensure that CVSA certified inspectors have adequate tools and
resources to conduct queries into motor carrier registration and operating authority while
conducting. roadside inspections:
4. CVSA_eertified inspectors will document all violations found during a CVSA inspection on the
CVE-3 inspection report, includ'ng vfo ations of local ordinances.
5. Inspection data will be fo ectronically to the Department within ten (10). days
following he date of ins .rocessin and final compliance using the most recent
n9 Pe ton 9 pl� n9
version of reporting software; paper copies will be mailed to the Department immediately
thereafter.
6. Any time an officer's certification status changes (is certified, suspended, or decertified for
different types of inspections; or transferred out of the CVSA inspection program), the
Municipality will notify dw-Department in writing wi -10 days. A cumulative list of the
officers whose status has changed will be sent to the Department. by January 31st of each
year.
7. Crash reports involving commercial motor vehicles will be forwarded to the Texas
Department of Transportation no later than ten (10) days after the date of the crash
investigation.
8. Allow the Department to conduct random in-person observation of inspections conducted
by the Municipality in order -to ensure that the Municipality"s inspectors maintain practical
proficiency in the program.
9. The Municipality will maintain the official copy of all reports of inspections conducted by its
CVSA certified inspectors for the current calendar year, and two additional years. The
official copy may be in paper or retrievable electronic form, and it must bear the signature
of the commercial motor veh' r r;involved In the inspection. A copy must be provided
to the Department upon ti fit's request.
a :
MOU*M ONUMOM PWoe DqW nwt,7rd fix Wslon
Page 3 of 6 P:\M CCA\MOUskMaster Correspondence\01 Qirtent MOU-January 2012.doc.
10.When data in an inspection or crash report is challenged,.the Municipality will. investigate
and determine whether a correction to the data needs to be made. The Municipality will
notify the motor carrier and the Department in writing of the results of the investigation
within 10 days. If a correction is necessary, the Municipality will make the correction and
forward the corrected reports to the Department immediately.
11.The Municipality will not use its certification to enforce federal safety regulations as a
primary method to generate program revenue through enforcement penalties or to
enhance criminal interdiction activities.
12.The Municipality will not allow officers certified to enforce federal safety regulations to
participate in secondary employment activities that present a conflict of interest related to
their commercial vehicle enforcement duties.
Upon amendment of 37 TAC Chapter 4, Subchapter B, the Department will, if necessary,
amend this MOU within a reasonable,,, rio§.. of time. The date of any amendment under this
paragraph will not affect the renewal:,: � ,.. ' ' bed in the next section.51
isimil6tjoh of Certification
* * UNLESS REM MO, THIS MOU WILL EXPIRE ON SEM LASER 1, 2014
To prevent a loss of authority to conduct CVSA inspections, please mail or FAX your
renewal request to the Department no more than sixty or less than thirty days prior to
the expiration of this MOU. If the renewal has not been executed by both parties before
the MOU expiration date, certified officers must cease performing all CVSA inspections,
until the renewal.has been fully executed.
Termination of certification, whether by decertification, request of the Municipality, or by
failure to renew, will result in the inability of the Municipality,to retain expenses for any enforcement
actions taken after the effective date of the termination of certification. All reporting requirements,
including the list of officers suspended and no longer certified which is normally due by January 31st
of each year, Inspection data ,reports and Crash reports must be provided to the Department
immediately upon discontinuation in the certification program.
The Municipality may discontinue certification at any time by notifying the Program
Coordinator for the Department in writing.;,'
The CVSA. and Federal Moto.•. v_ afet i Administration require-officers to complete a .
minimum number of inspections an order for officers to renew their certifications. The
purpose of this requirement is to ensure officers achieve and maintain practical proficiency in
inspecting commercial motor vehicles. Therefore, the Department will decertify the Municipality for
failure to report any inspections to this Department within a six (6) month period or for failure to
evenly space the required number of inspection throughout the year.
The Department may decertify the Municipality, or individual officers conducting inspections
for the Municipality, for failure to demonstrate practical proficiency in the program during random In-
person observations by the Department, or by audits of inspections submitted.
The Department may decertify the Municipality for using the certification as a primary method
of generating program revenue or enhancing criminal interdiction activities.
The Department may decertify the Municipality for allowing its officers to engage in secondary
employment activities that present a conflict of interest with their commercial vehicle enforcement
duties.
MW Wltlt Beaumont Police DePaty N*,Traft Wslon
Page 4 of 6 P:\MCCA\t+btls\Master Correspaidence\Ol CurteAt MOU-7 7atwary 201.2doc
-k 3"
The Department may decertify the Municipality for failure to comply with the provisions of the
MOb,training, officer certification, or d.Fb
'-sh 'ding requirements, including the requirement that the
Municipality reimburse the wining expenses and the requirement that the
Municipality forward information and r' nd.to requests In a timely manner, or any other provisions
of 37 TAC §§ 4.13-4.14.
Any Termination of Certification terminates the Municipality's authority to enforce
federal safety regulations under Chapter 644 of the Code, and the Munidpality's
eligibility for reimbursement of expenses from penalties assessed. The Department will
notify the program coordinator for the Municipality and the Texas Comptroller of Public Accounts in
writing of any Termination of Certification.
The Department may issue a warning to the Municipality if the Municipality fails to conduct any
inspections within a three (3) month period. The Department may also issue a warning if the
Municipality fails to comply with MOU requirements in such a way that the Department deems the
quality and/or timeliness of inspection data could be compromised, or certified officers would fail to
maintain practical' proficiency in the program. Failure to correct the compliance issues within three.
(3) months, or such other period as the Department'may specify, can result in termination of the
MOU and decertification of the Municipality.
MOU with Beaumont PoSm Departrnent,Trd k Wslon
Page 5 of 6 P:\MCCA\MOUAMaster Camespondenoe\01 Cunw t MOU-January 2012.dot
4:
r Program CoordiriaWri;
The program coordinators for this agreement shall be responsible for all communications and
contacts required to manage this agreement. The parties-agree to provide any updates regarding
contact information within 30 days. The current program coordinators for this agreement are:
Municipality: Department:
Beaumont Police Department : : DEPARTMENT OF PUBLIC SAFETY
Traffic Division Texas Highway Patrol
Motor Carrier Bureau
Captain Omar Villarreal
Lieutenant Derrick Fowler Manager
Program Coordinator Program coorctinaw
700 Orleans MCB,. P.O. Box 4087
Beaumont TX 77701 Austin Texas 78773-0522
Address Address
(409) 980-7271 (512) 424-2053
Voice Phone Number Voice Phone Number
(409) 980-7225 (512) 424-5712
Fait Number Fax Number
dfowler @cl.beaumonttx.us& = y
cford @ci.beaumont.tx.us ;#v omar,villarreal @txdps.state.tx.us
E-mal Addres, E-mail Address
Evidence.of Acceptance by parties:
Sigriahire of AuUuized Qfndai signadue of hmorized official
BEAUMONT POLICE DEPARTMENT
TRAFFIC DIVISION TEXAS DEPARTMENT OF PUBLIC SAFETY
Political Subdivision State Agency
STEVEN C. McCRAW, COLONEL
Name Name
DIRECTOR
Title 7 ,-, Title
,"p°
Date Date
Page 6 of 6 PAMMA\MOUSV der Correspondence\01 Current MOU-January 2017-doc
0
RICH WITH OPPORTUNITY
BEAUMON*
T • $ • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider a resolution authorizing the acquisition of
property located at 125 Magnolia from TARM Properties in
the amount of$115,000.
BACKGROUND
The property located at 125 Magnolia includes a 35,230 sq. ft. abandoned warehouse. The
property, located in the vicinity of the Great Lawn, Event Centre and Skate Plaza, is available for
purchase. The owner of the property listed below, has agreed to convey his property to the City:
1.125 acre tract of land, situated in the Noah Tevis League, Abstract No. 52
(125 Magnolia) Value: $115,000
Owner: TARM Properties(Ralph Thomas Adams)
BUDGETARY IMPACT
Funds are available in the Capital Reserve.
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the acquisition of property
described below and in Exhibit "A" and shown on Exhibit "B," attached hereto:
Description: 1.125 acre tract of land, situated in the
Noah Tevis League, Abstract No. 52
Address: 125 Magnolia Avenue
Owner: TARM Properties (Ralph Thomas Adams)
Appraised Value: $115,000.00
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 purchase of the above described property be, and the same is, hereby
approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
tCH "Recognizing the landmarks of the past....setting our foresight towards the future"
. —
LAND SURVEYORS, INC. Richard L.Worthey,RPLS
EXHIBIT"A" J.L.Sims,Jr.,RPLS
May 19,2011
Surveyor's Field Note Description:PARCEL H
BEING a 1.125 acre tract of land being out of and a part of that certain TARM Properties,L.L.C. called
1.210 acre tract of land, more fully described as Tract 2 recorded in Clerks File No. 2005038589 of the
Official Public Records of Jefferson County, Texas. Said 1.125 acre tract of land being situated in the
Noah Tevis League, Abstract No. 52, Jefferson County, Texas and being more particularly described as
follows:
BEGINNING at a 1/2 inch iron rod found at the Northwest comer of said 1.210 acre tract, same being
the most Westerly Northeast corner of that certain Tideland Specialty, Ltd.called 11.4488 acre tract of
land, more fully described and recorded in Clerks File No. 2002046131.and being in the South line of
South Street(30 feet wide right-of-way);
THENCE North 69 deg.07 min. 36 sec.East along and with the North line of said 1.210 acre tract,same
being the South line of said South Street, a distance of 408.98 feet to a 5/8 inch iron rod with cap stamped
"WORTECH SURVEYORS"found in a curve at the Northwest corner of that certain City of Beaumont
called 0.264 acre tract of land, more fully described as Parcel "B" recorded in Clerk's File No.
2009044503 of said Official Public Records;
THENCE in a Southwesterly direction along and with the West line of said 0.264 acre tract and curve to
the right, having a delta angle of 9 deg. 42 min. 23 sec., a radius of 385.00 feet,a long chord that bears
South 14 deg. 16 min. 19 sec. West, a distance of 65.14 feet and an are length of 65.22 feet to 5/8 inch
iron rod with cap stamped "WORTECH SURVEYORS" set for corner at the end of said curve and the
beginning of a reverse curve;
THENCE in a Southwesterly direction continuing along and with the West line of said 0.264 acre tract
and reverse curve to the left, having a delta angle of 12 deg. 29 min. 08 sec.,a radius of 455.00 feet,a
long chord that bears South 12 deg. 52 min. 56 sec. West, a distance of 98.96 feet and an arc length of
99.15 feet to a 5/8 inch iron rod with cap stamped-"WORTECH SURVEYORS" set at the Southwest
corner of said 0.264 acre tract and being in the South line of said 1.210 acre tract,same being a North line
of said 11.4488 acre tract;
THENCE South 69 deg. 07 min. 36 sec. West along and with the South line of said 1.210 acre tract,
same being a North line of said 11.4488 acre tract, a distance of 316.72 feet to a 1/2 inch iron rod found at
the Southwest corner of said 1.210 acre tract, same being.and Ell corner of said 11.4488 acre tract;
THENCE North 20 deg.46 min. 39 sec. West along and with the West line of said 1.210 acre tract,same
being the most Westerly East line of said 11.4488 acre tract, a distance of 135.54 feet to the PLACE OF
BEGINNING,containing 1.125 acres of land,more or less.
(This description is based upon a survey made on the ground under my direct supervision on December
17, 2008 and May 23, 2011 and is being submitted along with a survey plat Exhibit "B" showing the
property and facts found as described herein. .411 bearings are based upon the Texas Coordinate System
of 1983 (COBS), South Central Zone (4204), 'U.S. Survey foot'. All distances and acreages are Surface
with a combined adjustment factor of 1.00007 applied.)
OF
Wstered Professional Land Sunkyor J.L SIMS.• JR.
4599 ?' 1480 Cornerstone Court
4 4-�RESS1r�;�Q Beaumont,Texas 77706
.yeti S U RV Tel:409.866.9769 Fax: 409.866.7075
www.wortech.com.
EXHIBIT "A"
EXHIBIT B N
W� PARCEL H
OWNER:TARM Properties,L.L.C.
lip*" PROPOSED TAKING: 1.125 ACRES
REMAINDER:0.00 ACRES
3
0' W. 60' 120'
SCALE:1"=60'
.. FND.SW I.ROD•d pp
VICINITY MAP vdoRTecN SURVEYORS
N.T.S.
PGv
so yti
P .0%
'rat
Oa O
FND 112"
I.ROD
TIDELAND SPECIALTY.LTD: TIDELAND SPECIALTY,LTD.
11.4488 Acre Trod 11.4488 Acre Tract
Clerk's File No.2002046131 CloVs Flo No.2002046131
O.P.RJ.C. O.P.RJ.C.
FND 12' =VE TABLE
L ROD CURVE I RADIUS LAACLENGTHI CHORD LENGTH I CHORD BEARING I DELTA ANGLE
Cl 385.00 65.22' 65.14' S 14°16'19"W 1 09°42'23"
C2 455.00 99.15' 9896 S 12"5756"W I 12°29'08"
Miscellaneous Notes Flood Zone Information
1. All bearings are based on the Texas State Plane Coordinate Syatarn of 1983 According to Mop No.4854570020 C,of the Federal Emergency
(CORS),South Central zone(4204),(U.S.survey Foot).All distances and Management Agency's Flood Insurance Rate Maps for Jefferson
acreage are surface wllh a combined ad)usbrant factor of 1.00007 applied. County,data August 6.2002,the subject tract is sku.led wlilrn:
(Unshaded)zone x-Areas determined to be outside 500 -year
2. 5/8'Iron Rods wl caps stomped"WORTECH SURVEYORS'set at 88 0oodplaln.Location of the subject tract on said maps were
comers marked a union otherwise noted. determhud by scale with actual%W elevations not determined.
WORTECH Land Surveyors,Inc.does not warrant nor subscribe to
3. This survey is a boundary survey only,and was prepared without the benefd the accuracy or scale of said maps.
of a cuvent Commitment for Tile Insurance,Construction Plans,or
Abstractors Certificate and therefore easements,PIP611 9S,udltiss.of
encumbrances may exist which are not shown hereon.No subsurface Abbreviations
probing,excavation or exploration was performed for this survey nor was any
research of the Public Records of Jefferson County regarding these
easements,utliles,pipelines or encum performed brances perfoed by WORTECH FND Found O.P.RJ.C. Official P Records
Land Surveyors,Inc..The location of all pipelines.utMties and easements(if F.C. Film Code Jefferson County
any)shown hereon are based upon actual field location as evidenced from I.ROD Iron Rod R.O.W. Right-of-way
visible pipeline markers,physical features,arxYor written descriptions of the No. Number N.T.S. Not to Scale
physical locations as recorded in documents Ned in the County Clerk
Records which were provided to the surveyor by others.
4. Nothing In this survey Is Intended to express an opinion regarding ownership
or title of arty property.
JOB NO: 2011-053 SURVEYORS CERTIFICATION
FIELD BOOK. 081/029-6841022-7111008
OF The undersigned does hereby certify that this survey plat accurately
OR.BY: MAG w
(15.19-11 fir'X47• A�+y represents an on the ground survey made under my disci supervision
DATE
DATE 1"=80' on December 17,2008,and May 23,2011,and Is being submitted
rrl along with the Surveyors Field Note description(Exhibit A)of the
J.L, SIMS,1R. property shown hereon,which Pas in Jefferson County,Texas.
WRTECH f9e 4599 aq��
q .,sf S g1r,y0
LAND SURVEYORS, INC.
1480 Cornerstune Court rr�
Beaumont,Texas 77706
Tel: 409.866.9769 THIS DOCUMENT NOT VALID v ,ti� -
Fax:409.566.7075 WITHOUT OMGmRALSEALAND R.(SISTEREDPROFESSION ND SURVEYOR
www.'"°rte`h.`om EXHIBIT "B"
RICO WITS OPPORTUNIT!
BEAUMON*
T * Z * X * A * $
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 30,2012 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 8-14/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider an ordinance approving a zone change from RS (Residential Single
Family Dwelling)District to RM-H (Residential Multiple Family Dwelling-
Highest Density) District at 1703 Franklin
2. Consider an ordinance approving a zone change from PUD (Planned Unit
Development) District to GC-MD (General Commercial-Multiple Family
Dwelling)District at 3350, 3450, 3550 Dowlen Road(Tuscany Park) and the
vacant 5+acres behind Tuscany Park
3. Consider an ordinance approving a specific use permit to allow a school in an RS
(Residential Single Family Dwelling)District at 6750 Highway 105
4. Consider an ordinance approving a specific use permit to allow a pet crematory in
a GC-MD (General Commercial-Multiple Family Dwelling)District at 1295
Gladys
5. Consider an ordinance approving a specific use permit to allow a child day care in
an RS (Residential Single Family Dwelling) District at 1650 Reynolds
6. Consider an ordinance approving an amended specific use permit to allow a 6'tall
chain link fence instead of the required 8'tall wood screening fence along the
south side of the play yard of a child day care in an RS (Residential Single Family
Dwelling)District at 1450 W. Lucas Drive
7. Consider an ordinance approving an amendment to the Zoning Ordinance,
Section 28.03.023(e)that would permit tax preparation services in the RCR
(Residential Conservation and Revitalization)District with a specific use permit
8. Consider an ordinance approving the abandonment of two drainage easements at
8085 Eastex Freeway
9. Consider approving amendments to the Burglar and Robbery Alarms Ordinance
10. Consider a resolution authorizing the City Manager to receive funding through the
Department of Homeland Security Supplemental 2012 Port Security Grant
Program
11. Consider a resolution authorizing the City Manager to execute an Interlocal
Agreement with Jefferson County Drainage District No. 6 for the Hike& Bike
Trail Phase II-Dowlen Road to Major Drive
12. Consider amending Section 20.03.004 of the Code of Ordinances related to the
locations and limits of school speed zones
13. Consider a resolution approving the purchase of six reconditioned solar powered
mixers for use at the Wastewater Treatment Plant
WORK SESSIONS
* Review and discuss bus route options to serve the Social Security Office located
on Dishman Road at Major Drive
* Review and discuss an application from HEB for Neighborhood Empowerment
Zone economic development incentives
14. Consider a resolution authorizing the City Manager to enter into an agreement
with HEB Grocery for economic development incentives under the Neighborhood
Empowerment Zone Abatement Program
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
1
October 30,2012
Consider an ordinance approving a zone change from RS (Residential Single Family Dwelling)
District to RM-H(Residential Multiple Family Dwelling-Highest Density) District at 1703
Franklin
RICH WITH OPPORTUNITY
IIEAUMON*
T • E • x . A . s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
Gf��
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider an ordinance approving a zone change
from RS (Residential Single Family Dwelling) District to
RM-H (Residential_Multiple Family Dwelling-Highest
Density) District at 1703 Franklin.
BACKGROUND
Louis Salazar has applied for a zone change.
Mr. Salazar states that the reason for the rezoning is to enable him to build an apartment complex
on the subject property. The property is currently occupied by a large older house and accessory
building.
The 1999 Avenues/College Street Area Plan designates the subject property and properties to the
north, east and west for low density residential uses. In 2000,the Planning Division conducted a
zoning study with the intent of implementing that portion of the plan which recommends rezoning
parts of the neighborhood in an effort to revitalize the entire neighborhood while protecting and
stabilizing the existing single family residential neighborhoods. The preservation of the existing
single family neighborhoods was one of the major objectives of the plan.
At a Joint Public Hearing held October 15, 2012, the Planning Commission recommended denial
7:0 of the zone change.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Denial of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE
CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN
PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,
AS INDICATED UPON THE ZONING MAP OF BEAUMONT,
TEXAS, BY CHANGING THE ZONING OF PROPERTY
PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY
DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE
FAMILY DWELLING-HIGHEST DENSITY) DISTRICT AT 1703
FRANKLIN STREET, BEAUMONT, JEFFERSON COUNTY,
TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
Section 1.
That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 28.01.005(b)thereof, is hereby amended by changing the
zoning of property presently zoned RS (Residential Single Family Dwelling) District to RM-
H (Residential Multiple Family Dwelling-Highest Density) District at 1703 Franklin Street ,
being Lots 1-3, Block 4, Blanchette 2 Addition, City of Beaumont, Jefferson County,Texas,
containing 0.43 acres, more or less, as shown on Exhibit"A," and the official zoning map
of the City of Beaumont is hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
Ffie2146- : Request for a zone change from RS (Residential Single Family Dwelling) N
District to RM-H(Residential Multiple Family Dwelling-Highest Density)District or more
restrictive district.
Location: 1703 Franklin
Applicant: Maria Salazar 0 100 20Feet
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2
October 30,2012
Consider an ordinance approving a zone change from PUD (Planned Unit Development)District
to GC-MD (General Commercial-Multiple Family Dwelling) District at 3350, 3450, 3550
Dowlen Road(Tuscany Park) and the vacant 5+acres behind Tuscany Park
RICH WITH OPPORTUNITY
[IEA,UMO
T • E � A . S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider an ordinance approving a zone change
from PUD (Planned Unit Development) District to GC-MD
(General Commercial-Multiple Family Dwelling) District
at 3350, 3450, 3550 Dowlen Road(Tuscany Park) and the
vacant 5+acres behind Tuscany Park.
BACKGROUND
Calvary Baptist Church has applied for a zone change.
In October, 1999, City Council approved a zone change to RM-H (Residential Multiple Family
Dwelling-Highest Density) District and a specific use permit to allow a professional and business
office park. In March, 2001, City Council approved a zone change to PUD (Planned Unit
Development) District. At that time, the applicant asked for the PUD zoning"to allow some
flexibility to compliment the office setting". PUD zoning requires specific use permits for any
use other than single family residential.
Calvary Baptist Church has entered into a contract to purchase the property from Wells Fargo
Bank,N.A. Gary Rothenberger, Executive Pastor of Calvary Baptist Church, states that the
church's purchase of Tuscany Park will create a greater opportunity for the residents of Southeast
Texas to visit its campus. Pastor Rothenberger says that a larger campus will provide additional
space where children, youth, college-age persons and adults can come and participate in church
activities. The original church campus is located immediately north of Tuscany Park. Several
years ago, Calvary also purchased the campus of Wesley United Methodist Church located at the
southeast corner of Dowlen and Folsom.
Tuscany Park is currently occupied by restaurants, clothing retail,jewelry retail,medical and
office space. Pastor Rothenberger states that effective at the close of purchase of Tuscany Park,
certain entities currently occupying space will continue to operate under a lease agreement with
Calvary Baptist Church. The current uses will continue until each lease agreement expires. Any
space currently unoccupied will be utilized by Calvary Baptist for"church use".
At a Joint Public Hearing held October 15, 2012, the Planning Commission recommended
approval 7:0 of the zone change.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE
CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN
PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,
AS INDICATED UPON THE ZONING MAP OF BEAUMONT,
TEXAS, BY CHANGING THE ZONING OF PROPERTY
PRESENTLY ZONED PUD (PLANNED UNIT DEVELOPMENT)
DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE
FAMILY DWELLING) DISTRICT AT 3350, 3450, 3550 DOWLEN
ROAD (TUSCANY PARK) AND THE VACANT 5t ACRES
BEHIND TUSCANY PARK, BEAUMONT,JEFFERSON COUNTY,
TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
Section 1.
That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 28.01.005(b)thereof, is hereby amended by changing the
zoning of property presently zoned PUD (Planned Unit Development) District to GC-MD
(General Commercial-Multiple Family Dwelling)District at 3350, 3450, 3550 Dowlen Road
(Tuscany Park) and the vacant 5t acres behind Tuscany Park, being Lots 1-3 and Tract
A, Tuscany Park Addition and H. Williams Survey, Abstract 56, Tract 548, Plat D 26, City
of Beaumont, Jefferson County,Texas, containing 12.83 acres, more or less, as shown on
Exhibit "A," and the official zoning map of the City of Beaumont is hereby amended to
reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
File 2145- : Request for a zone change from PUD (Planned Unit Development) District to N
GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive
district.
Location: 3350,3450, 3550 Dowlen Road (Tuscany Park) and vacant 5±acres behind
Tuscany Park
pplicant: Calvary Baptist Church of Beaumont o 100 200
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October 30,2012
Consider an ordinance approving a specific use permit to allow a school in an RS (Residential
Single Family Dwelling) District at 6750 Highway 105
RICH WITH OPPORTUNITY
BEAIIMON*
T • E t• x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider an ordinance approving a specific use
permit to allow a school in an RS (Residential Single
Family Dwelling)District at 6750 Highway 105.
BACKGROUND
Ed Jones,trustee of Friendship Baptist Church,has applied for a specific use permit.
The church would like to operate a faith based school open to the public. Friendship Christian
Academy includes grades Pre-K4 through 12th grade. Mr. Jones says that 47 students are
currently enrolled full time and 10 home schooled children are enrolled. The school is open
Monday through Friday, 8:30 a.m. to 3:00 p.m. The home school is open on Monday's from
5:30 p.m. to 7:00 p.m.
At a Joint Public Hearing held October 15, 2012,the Planning Commission recommended
approval 7:0 of the specific use permit subject to the following condition:
1. The school shall apply for and receive approval of a certificate of occupancy.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance subject to the following condition:
1. The school shall apply for and receive approval of a certificate of occupancy.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A SCHOOL IN A RS (RESIDENTIAL
SINGLE FAMILY DWELLING) DISTRICT AT 6750 HIGHWAY
105 IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS.
WHEREAS, Friendship Baptist Church has applied for a specific use permit to allow
a school in a RS (Residential Single Family Dwelling) District at 6750 Highway 105, being
Plat RS-4, Tract 5B out of Tract 5, W.B. Dyches Survey,Abstract A-17, City of Beaumont,
Jefferson County, Texas, containing 4.998 acres, more or less, as shown on Exhibit "A,"
attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a school in a RS(Residential Single Family Dwelling)District at 6750 Highway 105, subject
to the following condition:
• The school shall apply for and receive approval of a certificate of occupancy.
and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a school in a RS (Residential Single Family
Dwelling) District at 6750 Highway 105, being Plat RS-4, Tract 5B out of Tract 5, W.B.
Dyches Survey, Abstract A-17, City of Beaumont, Jefferson County, Texas, containing
4.998 acres, more or less, as shown on Exhibit"A," attached hereto, is hereby granted to
Friendship Baptist Church, its legal representatives,successors and assigns,as shown on
Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the
following conditions:
• The school shall apply for and receive approval of a certificate of occupancy.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B,"
attached hereto and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
e 2 44 Request for a specific use permit to allow a school in an RS (Residential Single N
Family Dwelling)District.
Location: 6750 Hwy. 105
Applicant: Friendship Baptist Church
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* Approval subject to the following condition:
1. The school shall apply for and receive approval of a certificate of occupancy.
4
October 30,2012
Consider an ordinance approving a specific use permit to allow a pet crematory in a GC-MD
(General Commercial-Multiple Family Dwelling) District at 1295 Gladys
d
RICH WITH OPPORTUNITY BEAUMON*• E , X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
Gyp
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider an ordinance approving a specific use
permit to allow a pet crematory in a GC-MD (General
Commercial-Multiple Family Dwelling) District at 1295
Gladys.
BACKGROUND
Donald Taft has applied for a specific use permit.
Mr. Taft states that the pet crematory will occur in a vacant commercial building that once was used
as a flower shop. A small chapel will be provided for those who wish to mourn the passing of their
pet. All of the cremation activities will occur inside the building.
The service will provide the pick-up of the deceased pet and return the pet in an urn or scatter the
ashes in a reflection area on the property. Cremation can be done on an individual basis or in a
communal(group)basis. Typical operating hours will be 8 a.m.to 5 p.m.,Monday through
Saturday. However,the service will be on call 24 hours a day, 365 days a year.
At a Joint Public Hearing held October 15, 2012,the Planning Commission recommended
approval 7:0 of the specific use permit subject to the following conditions:
1. A RPZ will be required within 12" of the water meter on private property.
2. The applicant will modify the west side of the parking lot to allow room for vehicles
parked at the end of the parking lot to reverse and re-orient so that the front of the
vehicle exits first into the street.
FUNDING SOURCE
Not applicable.
i
RECOMMENDATION
Approval of ordinance subject to the following conditions:
1. A RPZ will be required within 12" of the water meter on private property.
2. The applicant will modify the west side of the parking lot to allow room for vehicles
parked at the end of the parking lot to reverse and re-orient so that the front of the
vehicle exits first into the street.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A PET CREMATORY IN A GC-MD
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)
DISTRICT AT 1295 GLADYS AVENUE IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Donald Taft has applied for a specific use permit to allow a pet
crematory in a GC-MD (General Commercial-Multiple Family Dwelling) District at 1295
Gladys Avenue, being Lot 1, Block 26, Jirou Addition and the North Y2 of Lot 6, Block 14,
Chaison Addition, City of Beaumont, Jefferson County, Texas, containing 0.24 acres,
more or less, as shown on Exhibit "A," attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a pet crematory in a GC-MD (General Commercial-Multiple Family Dwelling) District at
1295 Gladys Avenue, subject to the following conditions:
• A RPZ will be required within 12" of a water meter on private property.
• The applicant will modify the west side of the parking lot to allow room for
vehicles parked at the end of the parking lot to reverse and re-orient so that
the front of the vehicle exits first into the street.
and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a pet crematory in a GC-MD (General
Commercial-Multiple Family Dwelling) District at 1295 Gladys Avenue, being Lot 1, Block
26, Jirou Addition and the North 'h of Lot 6, Block 14, Chaison Addition, City of Beaumont,
Jefferson County, Texas, containing 0.24 acres, more or less, as shown on Exhibit "A,"
attached hereto, is hereby granted to Donald Taft, his legal representatives, successors
and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all
purposes, subject to the following conditions:
• A RPZ will be required within 12" of a water meter on private property.
• The applicant will modify the west side of the parking lot to allow room for
vehicles parked at the end of the parking lot to reverse and re-orient so that
the front of the vehicle exits first into the street.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B,"
attached hereto and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
' e - : Request for a specific use permit to allow a pet crematory in a GC-MD N
General Commercial-Multiple Family Dwelling)District.
Location: 1295 Gladys
Applicant: Donald Taft
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October 30,2012
Consider an ordinance approving a specific use permit to allow a child day care in an RS
(Residential Single Family Dwelling) District at 1650 Reynolds
c
RICH WITH OPPORTUNITY
BEAUMON*
T • E ,. x • A S City Council Agenda Item
TO: City Council - -
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider an ordinance approving a specific use
permit to allow a child day care in an RS (Residential
Single Family Dwelling)District at 1650 Reynolds.
BACKGROUND
Donna Moffitt has applied for a specific use permit.
Ms. Moffitt states that for the past twenty-two years she has operated a registered child day care at
1695 Reynolds. That property is across the street from the subject property. After Ms. Moffitt's
father died, she and her husband purchased her childhood home and moved to 1650 Reynolds.
Ms. Moffitt says that the child day care would operate Monday through Friday from 6:00 a.m.to
6:00 p.m. She currently cares for six preschool children ages newborn to 5 years old. Being a
registered child day care she would be able to care for up to twelve children.
At a Joint Public Hearing held October 15,2012, the Planning Commission recommended
approval 7:0 of the specific use permit.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A CHILD DAY CARE IN A RS
(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT
1650 REYNOLDS ROAD IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Donna Moffitt has applied for a specific use permit to allow a child day
care in a RS (Residential Single Family Dwelling) District at 1650 Reynolds Road, being
the South 150' of Lot 9, Block 4, Wescalder Fig Acres, City of Beaumont, Jefferson
County, Texas, containing 1.95 acres, more or less, as shown on Exhibit "A," attached
hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a child day care in a RS (Residential Single Family Dwelling) District at 1650 Reynolds
Road; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a child day care in a RS (Residential Single
Family Dwelling) District at 1650 Reynolds Road, being the South 150' of Lot 9, Block 4,
Wescalder Fig Acres, City of Beaumont, Jefferson County, Texas, containing 1.95 acres,
more or less, as shown on Exhibit"A,"attached hereto, is hereby granted to Donna Moffitt,
her legal representatives, successors and assigns, as shown on Exhibit "B," attached
hereto and made a part hereof for all purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B,"
attached hereto and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
File 2149- : Request for a specific use permit to allow a child day care in a RS (Residential N
Ingle Family Dwelling) District.
Location: 1650 Reynolds
pplicant: Donna Moffitt
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BEAUMONT, TEXAS
JEFFERSON COUNTY
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EXHIBIT "B"
6
October 30,2012
Consider an ordinance approving an amended specific use permit to allow a 6'tall chain link
fence instead of the required 8'tall wood screening fence along the south side of the play yard of
a child day care in an RS (Residential Single Family Dwelling) District at 1450 W. Lucas Drive
RICH WITH OPPORTUNITY
BEAUMON*
T - E ,. X - A s Ci Council A enda Item
tY g
TO: City Council
FROM: Kyle Hayes, City Manager
C
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider an ordinance approving an amended
specific use permit to allow a 6'tall chain link fence instead
of the required 8'tall wood screening fence along the south
side of the play yard of a child day care in an RS
(Residential Single Family Dwelling) District at 1450 W.
Lucas Drive.
BACKGROUND
On August 28, 2012, City Council approved a specific use permit to allow a child day care at
1450 W. Lucas subject to the following conditions:
1. The number of children kept for compensation shall not exceed five children
under the age of sixteen at any one time.
2. If the specific use permit is approved, Ms. Brown must apply for a certificate of
occupancy. Prior to the issuance of the certificate of occupancy, Ms. Brown must
comply with all of the required codes of the City of Beaumont.
3. An 8'tall wood screening fence shall be installed along the east and south sides of
the play yard(where the chain link fence now exists).
On September 4, 2012, Shukia Brown received her certificate of occupancy. Staff gave Ms. Brown
three weeks to come into compliance with the fencing requirement. She installed the fence along
the east side of the play yard but not on the south side as required. Ms. Brown presented staff with
a letter from Bobbie Boudreaux,the property owner to the south, stating that the child day care did
not bother her and requested that the fence along the south side of the play yard not be installed.
At a Joint Public Hearing held October 15, 2012, the Planning Commission recommended
approval 7:0 of the amended specific use permit to allow a 6'tall chain link fence instead of the
required 8'tall wood screening fence along the south side of the play yard of a child day care.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance to allow a 6'tall chain link fence instead of the required 8'tall wood
screening fence along the south side of the play yard of a child day care.
ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING AN AMENDED
SPECIFIC USE PERMIT TO ALLOW A 6' TALL CHAIN LINK
FENCE INSTEAD OF THE REQUIRED 8' TALL WOOD
SCREENING FENCE ALONG THE SOUTH SIDE OF THE
PLAY YARD OF A CHILD DAY CARE IN A RS(RESIDENTIAL
SINGLE FAMILY DWELLING) DISTRICT AT 1450 W. LUCAS
DRIVE IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
WHEREAS, on August 28, 2012, City Council approved Ordinance No. 12-058
issuing a specific use permit to Shukia Brown to allow a child day care in a RS(Residential
Single Family Dwelling) District at 1450 W. Lucas Drive, City of Beaumont, Jefferson
County, Texas, subject to the following conditions:
• The number of children kept for compensation shall not exceed five children
under the age of sixteen at any one time.
• If the specific use permit is approved, Ms. Brown must apply for a certificate of
occupancy. Prior to the issuance of the certificate of occupancy, Ms. Brown
must comply with all of the required codes of the City of Beaumont.
• A 8'tall wood screening fence shall be installed along the east and south sides
of the play yard (where the chain link fence now exists); and,
with the modification to the landscaping/screening requirements along the north, east and
south property lines (8'tall wood screening fence along the north, east and south sides of
the play yard and no 10' wide landscape strip along the north and south sides of the
property); and,
WHEREAS, Shukia Brown wishes to amend the specific use permit to allow a 6'tall
chain link fence instead of the required 8' tall wood screening fence along the south side
of the play yard of a child day care in a RS (Residential Single Family Dwelling) District at
1450 W. Lucas Drive, being the N Y2 of Lot 10 and all of Lot 11, Block 9, Calder Highlands
Addition, City of Beaumont, Jefferson County, Texas, containing 0.38 acres, more or less,
as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request to amend the specific use permit to allow a 6'tall chain link fence
instead of the required 8' tall wood screening fence along the south side of the play yard
of a child day care in a RS (Residential Single Family Dwelling) District at 1450 W. Lucas
Drive as reflected in the site plan as shown on Exhibit"B,"attached hereto and made a part
hereof for all purposes; and,
WHEREAS, the City Council is of the opinion that the amendment of such specific
use permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED BY 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,
Section 1.
That Ordinance No. 12-058 be amended by amending the specific use permit
granted to Shukia Brown, her legal representatives, successors, and assigns for that
certain tract shown on Exhibit'A,"attached hereto and made a part hereof for all purposes,
to allow a 6'tall chain link fence instead of the required 8'tall wood screening fence along
the south side of the play yard of a child day care in a RS (Residential Single Family
Dwelling) District at 1450 W. Lucas Drive as reflected in the site plan attached hereto as
Exhibit "B."
Section 2.
Notwithstanding the site plan attached hereto as Exhibit"B,"the use of the property
herein above described shall be in all other respects, subject to all of the applicable
conditions and regulations contained in Ordinance No. 12-058 and the regulations
contained in Chapter 28 of the Code of Ordinances of the City of Beaumont, Texas, as
amended, as well as comply with any and all federal, state and local statutes, regulations
or ordinances which may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
1�•2i 41 P: Request for a specific use permit to allow a child day care in an RS N
(Residential Single Family Dwelling) District.
�ation: 1450 W.Lucas Drive
Applicant: Shukia Brown
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• i following conditions:
Approval subject to the
number-of children kept for compe?�4fion shall not exceed five children under
. l The one time..
the age of sixteen at any Broom must apply for a certificate of
2. If the specific use permit is approved,Ms, cafe of occupancy,Ms.Brown must
occupancy. Prior to the issuanee'of the eerd of Beaumont;
comply with all of the required codes of the citS' the east side of the play yard and the 6'
3 An 8'tall wood screening
fence shall be installed along yard. ,
_ tall chain link fence shall remain on the south side of the play y north,east and south
and with a modification to the landscaping/screening requirements along th e la and and no 10'
property lines(8'tall wood screening fence along the north and east sides of the p y Y
wide landscape strip along the north and_south sides of the Property)*
7
October 30,2012
Consider an ordinance approving an amendment to the Zoning Ordinance, Section 28.03.023(e)
that would permit tax preparation services in the RCR(Residential Conservation and
Revitalization)District with a specific use permit
RICH WITH OPPORTUNITY
[1EA,UM"m0N T • E $ • A . s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
C'k
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: October 30,2012
REQUESTED ACTION: Council consider an ordinance approving an amendment to
the Zoning Ordinance, Section 28.03.023(e).
BACKGROUND
The City of Beaumont Planning Division is proposing an amendment to the Zoning Ordinance.
Planning staff is proposing an amendment to the Zoning Ordinance that would permit tax
preparation services in the RCR-H (Residential Conservation and Revitalization) District with a
specific use permit. Staff has recently had a conversation with a property owner located in the
Oaks Historic District about selling her former dental office to a tax preparation business.
Currently, a tax preparation service is not permitted in the RCR-H District.
Staff feels that a tax preparation service would be an appropriate use in the RCR-H District and
would not be detrimental to surrounding properties. Therefore, staff recommends the following:
Sec. 28.03.023 Permitted uses
(e) Standard Industrial Classification(SIC) VQup numbers.
7291 Provide separate listing for Tax Preparation Service
ZONING DISTRICT Parking Special
PERMITTED PRIMARY USES Group Cond.
SIC
A-R R-S RM- RM- RCR RCR- NC NSC GC- GC- CBD C-M LI HI PUD GROUP
M H H MD MD-2
S P P P S S P P P S 729 Misc.Personal Services(except as 14
noted
P P P Massage Parlors 14
P P P Adult Modeling or Photo Studio 14
S S P P P S S P P P S 7291 Tax Preparation Services 14
At a Joint Public Hearing held October 15, 2012, the Planning Commission recommended
approval 7:0 of the amendments.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28,
SECTION 28.03.023(e)OF THE CODE OF ORDINANCES OF
BEAUMONT, TEXAS, TO MAKE CHANGES AND
ADDITIONS; PROVIDING FORSEVERABILITY; PROVIDING
FOR REPEAL; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 28, Section 28.03.023(e) of the Code of Ordinances be and the same is
hereby amended to read as follows:
Section 2.
THAT Chapter 28, Section 28.03.023(e), Permitted Use Table, SIC Group 72, of the Code
of Ordinances of the City of Beaumont be and the same is hereby amended by adding
7291 to read as follows:
ZONING DISTRICT Parking Special
PERMITTED PRIMARY USES Group Cond.
SIC
A-R R-S RM- RM- RCR RCR- NC NSC GC- GC- CBD C-M I-I HI PUD GROUP
M H H MD MD-2
S P P P S S P P P S 1729 Misc.Personal Services(except as 14
noted
P P P Massage Parlors 14
P P P #S7291 Adult Modeling or Photo Studio 14
S S P P P S S P P P Tax Preparation Services 14
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
8
October 30,2012
Consider an ordinance approving the abandonment of two drainage easements at 8085 Eastex
Freeway
RICH WITH OPPORTUNITY
BEA,UMON*
T • E x A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider an ordinance approving the abandonment
of two drainage easements at 8085 Eastex Freeway.
BACKGROUND
Tim Andrues has applied for the abandonment.
Mr. Andrues states that these easements were originally platted with the establishment of the
Suburban Acres subdivision in the mid-1950's. With the subsequent construction of the Eastex
Freeway, the drainage was rerouted so as to cross under the freeway parallel to Lawrence Drive.
As a result,these easements are no longer needed. These easements cross the property owned by
Coastwide Leasing, L.P.
Coastwide Leasing has plans to construct a 6,500 sq. ft. multi-tenant office building on the
property. Mr. Andrues states that the purpose of this abandonment is to provide adequate
facilities for the primary tenant in the new office building.
This item was sent to all interested parties. No negative responses were received.
At a Regular Meeting held October 15, 2012, the Planning Commission recommended approval
7:0 of the abandonment.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE VACATING AND ABANDONING
TWO DRAINAGE EASEMENTS AT 8085 EASTEX
FREEWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Coastwide Leasing, L.P. has applied for the abandonment of two
drainage easements at 8085 Eastex Freeway, City of Beaumont, Jefferson County,Texas
as described in Exhibit "A" and shown on Exhibit "B" attached hereto; and,
WHEREAS, the City Council has considered the purpose of said abandonment and
is of the opinion that the easement is no longer necessary for municipal utility purposes
and the abandonment of said easement is in the best interest of the City and should be
granted;
NOW, THEREFORE, BE IT ORDAINED 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 two drainage easements at 8085 Eastex Freeway, City of Beaumont,
Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B" attached
hereto, be and the same is hereby vacated and abandoned and that title to such property
shall revert to and become the property of the persons entitled thereto by law.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
TRACT I-Portion of a 40 Foot Wide Drainage Easement
BEING a 0.0394 acre tract or parcel of land situated in the W.B.Dyches League,Abstract
No. 17, Jefferson County, Texas and being out of and part of a 40 foot wide drainage
easement in Suburban Acres,Unit One, a subdivision of the City of Beaumont,Jefferson
County,Texas, according to the plat thereof recorded in Volume 8,Page 202,Map Records,
Jefferson County,Texas, said 0.0394 acre tract being more particularly described as
follows:
NOTE: All bearings are based on the West line of that certain called 1.444 acre tract, save
and except a 0.1033 acre tract, as described in a"General Warranty.Deed with Vendor's
Lien"from Adris Ulhaq Chaudhry to Kasim Adris Chaudhry as recorded in Clerk's File No.
2004029274, Official Public Records of Real Property, Jefferson County, Texas, as
NORTH 12 049'00" WEST. All set 5/8" iron rods set with caps stamped"M.W.Whiteley&
Associates".
COMMENCING at a 5/8" iron rod with a cap stamped"M.W. Whiteley&Associates"
found for the Northeast corner of that certain called 0.5961 acre tract of land described in a
"General Warranty Deed-with-Vendor's Lien-in Favor of Third Party"from John Robert
Beck,III and Morris Beck Separate Properties,Ltd.to Coastwide Leasing,L.P. as recorded
in Clerk's File No. 2011017605, Official Public Records of Real Property,Jefferson
County,Texas, and said corner being the Southeast corner of that certain called 1.444 acre
tract, save and except a 0.1033 acre tract, as described in a"General Warranty Deed with
Vendor's Lien" from Adris Ulhaq Chaudry to Kasim Adris Chaudry as recorded in Clerk's
File No. 2004029274, Official Public Records of Real Property, Jefferson County,Texas
said corner also being in the West right-of-way line of U.S.Highway 69, 96 and 287 (also
known as Eastex Freeway);
THENCE SOUTH 72 004'00" WEST, for the boundary between the said 0.5961 acre
Coastwide Leasing,L.P.tract and the said Chaudry tract, for a distance of 143.08 feet to a
5/8" iron rod with a cap stamped"M.W.Whiteley&Associates"found for the Northeast
comer and POINT OF BEGINNING of the tract herein described, said corner also being
the Northwest comer of the 0.5961 acre Coastwide Leasing,L.P.tract and being in the
Southeasterly line of a 40 foot wide drainage easement as recorded on the final plat of the
- above referenced Suburban Acres,Unit One; -
THENCE SOUTH 31°01'40"WEST, along with the Southeasterly line of the said 40 foot
wide drainage easement and the Westerly line of the said 0.5961 acre Coastwide Leasing,
L.P.tract, for a distance of 88.98 feet to a 5/8" iron rod set for corner;
THENCE NORTH 09 046'00"WEST, over and across the said 40 foot wide drainage
easement, for a distance of 59.02 feet to a 5/8" iron rod set for comer, said corner being the
Southeast corner of that certain called 0.206 acre tract of land for a drainage easement,
EXHIBIT "A"
identified as PARCEL NO. 2, as described in a deed from Suburban Acres, Inc.to the City
of Beaumont as recorded in Volume 1273,Page 519,Deed Records, Jefferson County,
Texas, the same being the Southeast corner of that certain tract as described in a"Drainage
Easement" from the City of Beaumont to Jefferson County Drainage District No. 6 as
recorded in Clerk's File No. 2004012804, Official Public Records of Real Property,
Jefferson County,Texas and said corner being in the South line of the said Chaudhry tract
and said corner bears NORTH 72°04'00" EAST a distance of 2.19 feet from a 5/8" iron rod
with a cap stamped"M.W.Whiteley&Associates"found for the most Easterly corner of
that certain called 1.9347 acre tract of land as described in a"Special Warranty Deed with
Vendor's Lien"from John Robert Beck, III and Morris Beck Separate Properties,Ltd. to
John H. Goodyear and wife,Mary Anne Goodyear as recorded in Clerk's File No.
2006006116, Official Public Records of Real Property,Jefferson County, Texas;
THENCE NORTH 72 004'00" EAST, over and across the said 40 foot wide drainage
easement and along and with the boundary between the tract herein described and the said
Chaudhry tract for a distance of 58.73 feet to the POINT OF BEGINNING and containing
0.0394 acres,more or less.
TRACT II-Portion of a 10 Foot Wide Utility Easement
BEING a 0.0341 acre tract or parcel of land situated in the W.B.Dyches League,Abstract
No. 17, Jefferson County, Texas and being out of and part of a 10 foot wide utility easement
across Lot 6,Block 1 of Suburban Acres,Unit One, a subdivision of the City of Beaumont,
Jefferson County,Texas, according to the plat thereof recorded in Volume 8, Page 202,
Map Records, Jefferson County,Texas, said 0.0341 acre tract being more particularly
described as follows:
NOTE: All bearings are based on the West line of that certain called 1.444 acre tract, save
and except a 0.1033 acre tract, as described in a"General Warranty Deed with Vendor's
Lien" from Adris Ulhaq Chaudhry to Kasim Adris Chaudhry as recorded in Clerk's File No.
2004029274, Official Public Records of Real Property,Jefferson County,Texas, as
NORTH 12 049'00"WEST. All set 5/8" iron rods set with caps stamped"M.W.Whiteley&
Associates".
COMMENCING at a 5/8" iron rod with a cap stamped"M.W. Whiteley&Associates"
found for the Northeast corner of that certain called 0.5961 acre tract of land as described in
a"General Warranty Deed with Vendor's Lien in Favor of Third Party"from John Robert
Beck,III, and Morris Beck Separate Properties,Ltd.to Coastwide Leasing, L.P. as recorded
in Clerk's File No. 2011017605, Official Public Records of Real Property,Jefferson
County,Texas, and said corner being the Southeast corner of that certain called 1.444 acre
tract, save and except a 0.1033 acre tract, as described in a"General Warranty Deed with
Vendor's Lien''from Adris Ulhaq Chaudhry to Kasim Adris Chaudhry as recorded in
Clerk's File No. 2004029274,Official Public Records of Real Property,Jefferson County,
Texas said corner also being in the West right-of-way line of U.S. Highway 69, 96 and 287
(also known as Eastex Freeway);
' I
THENCE SOUTH 72 004'00" for the boundary between the said 0.5961 acre Coastwide
Leasing, L.P. tract and the said Chaudhry tract, for a distance of 127.85 feet to the Northeast
corner and POINT OF BEGINNING of the tract herein described,said corner also being
in the Southeasterly line of a 10 foot wide utility easement as noted on the final plat of the
said Suburban Acres,Unit One;
THENCE SOUTH 31°01'40" WEST, along and with the Southeasterly right-of-way line of
the said 10 foot wide utility easement, for a distance of 150.83 feet to a point for comer,
said being in the South line of the said Lot 6,the same being the South line of the said
0.5961 acre Coastwide Leasing,L.P. tract and in the North line of that certain called 3.497
acre tract of land as described in a"Special Warranty Deed"from Beaumont-TSC,LP to
Whitehouse Beaumont Investors,LLC and Day Star Associates as recorded in Clerk's No.
2004029976, Official Public Records of Real Property, Jefferson County,Texas,the same
being the North line of TSC-Beaumont Addition, a subdivision of the City of Beaumont,
Jefferson County,Texas, according to the plat thereof recorded in Volume 17,Page 268,
Map Records, Jefferson County,Texas;
THENCE SOUTH 87 040'54" WEST, along and with the South line of the said Lot 6 and
the North line of the said TSC-Beaumont Addition, for a distance of 11.97 feet to a 1-1/2"
iron pipe found for comer, said comer being the Southwest comer of the said Lot 6 and the
Southwwest corner of-the said 0.5961 acre Coastwide Leasing,L.P.tract and an-angle point
in the North line of the said TSC-Beaumont Addition and also being in the Southeasterly
line of a 40 foot wide drainage easement as recorded on the final plat of the above
referenced Suburban Acres,Unit One;
THENCE NORTH 31 001'40" EAST, along and with the Southeasterly line of the said 40
foot drainage easement, for a distance of 145.92 feet to a 5/8" iron rod with a cap stamped
"M.W. Whiteley&Associates"found for corner, said corner being the Northwest comer of
the said 0.5961 acre Coastwide Leasing,L.P. tract and being in the South line of the said
Chaudhry tract;
THENCE NORTH 72 004'00" EAST, for the boundary between the said 0.5961 acre
Coastwide Leasing,L.P. tract and the said Chaudhry tract, for a distance of 15.23 feet to the
POINT OF BEGINNING and containing 0.0341 acres,more or less.
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE
FND C1 5864.58' 161.79' 161.79' S09'47'12'E 01'34'50"
� 8 CRO) FND
R D2. 11 qo
CALLED 0.206 ACRE \1 ,
TRACT PARCEL NO. 2 1
CITY OF BEAUMONT 1
VOL 1273, PG. 519
DRJC & 1 CALLED 1.444 ACRE TRACT
40'.DRAINAGE EASEMENT 1 c o ` S&E 0.1033 ACRE TRACT
J.C.D.D. NO. 6 1\ m KASIM ADRIS C14AUDHRY
CF. N0. 20040127804 zz o n 1 C.F. NO. 1004029274
OPRJC 1 ,� OPRJC G* PO C
c� ,o m N 1
Z $$,1O„ g 1 FTID
518 1. ROD
G(N0' w/CAP STAMPED 'U.W.
& ASSOCIATES'
CALLED 1.9347 ACRES G'GOODYEAR, et ux.
JC.FN NO 200 6006116 �� 1 11 TRACT 1 N 04 ""EE 30-
\ OPRJC G 1 1 FND 5/b'L ROD � l NTx04 L5
W/W STAW D IMM D x�
\ S 1 \ 11 R AS90 AIW
CALLED+1 �` / / DOD COASTWIDE SLEASING ACRES 1
Q 6�8. .. l j7
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TRACT n 6 OPRJC g m
5J �\0 11 •� i j /D�.Q-394CACRES G��
/ / TRACT II 'ev Gw� , M`��G 1 v N
\53 ;Y\114-10'� / 0.0341 ACRES v� 8 QG•2�2 -�
LInLm ZASaIENT S �O ——— ———— —
\z PER PLAT---_ - - - \FNL TARGA
�- _-� - � NATURAL GAS PIPELINE
ORIGINAL LOT IJNE yeti 4- qo PIPELINE EASEMENT - -
.�, PER PLAT - - - - CITGO
FND 1 112" 1 PETROLEUM L
°
. - FN " FND S87'40'54'W 239.04'
-- ----- oA
D 1 1/2
,ry0 I. PIPE (CALL 584'51 00`W 238.80') L PIPE
CALLED 3.497 ACRES
c��Y WHITEHOUSE BEAUMONT INVESTORS, 1
LLC do DAY STAR ASSOCIATES 1
ry N� PO MROG CF. NO.OPRJCO29976
�Mo 268,
TO THE OWNERS OF THE PREMISES SURVEYED
o '( pG AS OF THE DATE OF THE SURVEY.
1. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY
FWD 112' MADE ON THE SURFACE OF THE GROUND OF THE. PROPERTY LEGALLY DESCRIBED
L ROD HEREON AND CORRECTLY REPRESENTS THE FACTS F AT THE TIME
40' DRAINAGE EASEMENT OF THE SURVEY.
G SUBURBAN ACRES, UNIT ONE F••T�
0. VOL 8, PG. 202, MRJC DATE SURVEYED M8 8, 012 �..G�s T e 9%(1
IN
o EXHIBIT "B" Co. """
REFER TO EXHIBIT A THOMA..........•
,eR� �
--FOR LEGAL DESCRIPTION 9 5728
AL
1. ALL CORNER MARKED WITH • ARE 5/8' IRON THOMAS S. ROWE - REGISTERED PRO�'QtnajMR No. 5728
RODS WITH CAPS STAMPED M W. WHITELEY do
ASSOCIATES' FOUND FOR CORNER. CUM COA3T11IDE LEASING, LP
2. ALL CORNER MARKED WITH ++ARE 518'
IRON RODS WRH CAPS STAMPED 1M.W. WHITELEY EN Or SW WAE: SHW poe TRACT I
do ASSOCIATES'SET FOR CORNER. VM AM 2012 1"= 1 1 Of 1 PORTION OF A 40 FOOT HIDE
LINE BEARING DISTANCE doe p0. FM,W /2\12-74b� '
LI S 72'04'00' W 143.0E 12-745 1 -745.dw O DRAINAGE EASEMENT
L2 S 3I'D 1'40" W 88.98' MARK W. WBTMUY TRACT II
L3 N 09.46'00" W 59.02' AND ASSOCIATES PORTION OF A 10 FOOT WIDE
N 72'04.00' E 58.73' INCORPORATED
L5 S 72'04.00' W 127.85' 101GD7668.4, UTILITY EASEMENT
L6 S 31'01'40' W 150.83' e BEAUMONT
L7 s 87.40'54' w 11.24 n�lu�ms 7EFFSRSON COUNTY, TEXAS
L8 N 31'01'40' E 145.92' P. a as am Aso murm mr.
L9 N 72'04'00' E 15.23'
EXHIBIT "B"
9
October 30,2012
Consider approving amendments to the Burglar and Robbery Alarms Ordinance
RICH WITH OPPORTUNITY
BEAUMON*
T • E • x • A • $ City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
V "
PREPARED BY: Jim Thompson, Director of Management Operations
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider approving amendments to the City's
burglar alarm ordinance.
BACKGROUND
At the Work Session held October 16, Council reviewed and discussed proposed amendments to
the City's burglar alarm ordinance.
The proposed amendments are intended to reduce the number of false alarms that are received by
the Beaumont Police Department. The amendments comply with the rules established by the
Texas Local Government Code and Texas Occupations Code which together regulate burglar
alarm systems and companies.
A copy of the amended ordinance is attached for your review.
The recommended schedule will generate about$200,000 in registration and renewal fees and
$90,000 in penalties. This revenue will offset ongoing computer, software, and program
management costs.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ARTICLE 6.01 GENERAL PROVISIONS'*
(Reserved)
ARTICLE 6.02 BURGLAR AND ROBBERY ALARMS"t
Division 1. Generally
Sec.6.02.001 Definitions
For the purposes of this article,the following definitions shall apply unless the context clearly
indicates or requires a different meaning:
Alarm notification. A notification intended to summon the police,which is designed either to be
initiated purposely by a person or by an alarm system that responds to a stimulus characteristic of
unauthorized intrusion. (Recorded messages to any police or fire station are prohibited by law.)
Alarm site. The specific property served by an alarm system that is under the control of one(1)
owner,tenant or lessor.
Alarm system. Any electrical,mechanical, or electronic device or assembly of equipment that
emits,transmits, or relays a signal intended to summon,or that would reasonably be expected to
summon,by direct or indirect means,the aid of the police services of the city. For purposes of
this article, the following types of alarm systems are exempted:
(1) An alarm system installed on a motor vehicle,unless the vehicle is permanently
located at a site;
(2) An alarm system designed to alert only the inhabitants of the premises which does not
have a local alarm;
(3) An alarm system installed upon premises occupied by the United States government,
or the state government when they occupy property owned by the state;
(4) Any alarm system designed solely to detect or give notice of fire or smoke; and
(5) Any communication device not designed solely for alarm notification.
Chief o(police. The chief of police of the city or the designated representative of the chief of
police.
Qty manager. The city manager or the designated representative of the city manager.
False alarm. An alarm notification to which the city responds within thirty minutes and the-
the responding officer or a subsequent investigation finds no evidence of
Page 1 of 6
unauthorized intrusion or attempted unauthorized intrusion, or other illegal activity for which the
alarm was intended to report.
Master alarm permit. A permit issued to the owner or property manager of a residential
apartment complex which provides an alarm system operated in one (1)or more of the individual
residential units. The fees for a master alarm permit shall be the same as those for an alarm
permit.
Person. An individual, corporation,partnership, or association, organization or any legal entity.
(Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978 Code,
sec. 2 1/2-11)
Sec. 6.02.002 Nonresponse status
The police department will not respond to a permitted alarm site if the hermit holder fails to MY
a false alarm penalty within 21 days of notice of same
Wrye bufglar-y alafm ealls in&ny twelve month period. In sueh ease, a eeFtified letter indieafiW
nemespease status v411 be nudled to the em%er-'s address as provided in the pennit appheafien
and the ewneF m411 be allowed five(5)weFldng days aftef meeipt of the letter-to miastate
response status. A location may irAtially be reinstated to a response status upon payment of all
unpaid penalties and a fifty dollar 50.00 fee for a residential location or a seventy-five dollar
($75.00) fee for a commercial location.
payment of a ofte hundmd dollar-fee. (Ordinance 95-14, sec. 1, adopted 3/7195; Ordinance 97-65,
sec. 1, adopted 12/9/97; 1978 Code, sec. 2 1/2-12; Ordinance 07-012, sec. 1, adopted 2/6/07)
See. 6.02.003 Apartment complexes
(a) The owner or property manager of an apartment complex which provides alarm services
shall obtain a master alarm permit if any alarm system is operated in on the
premises.
(b) A tenant of an apartment complex shall obtain a permit before operating or causing the
operation of an alarm system in his residential unit.
(c) The permit of the tenant supersedes the master permit of the apartment complex, and the
tenant is responsible for payment of fees for false alarm notifications emitted from the alarm
system in the tenant's unit. The master alarm permit holder is responsible for payment of service
fees for false alarm notifications emitted from unoccupied units or-whem no peffnit has been-
obtained
(d) The owner or property manager of an apartment complex shall obtain a separate alarm
permit for any alarm system operated in a nonresidential area of the apartment complex,
including, but not limited to, common tenant areas and office, storage and equipment areas.
(Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978 Code,
Page 2 of 6
sec. 2 1/2-18)
Sec. 6.02.004 Policies and procedures
(a) The chief of police shall institute policies and procedures to implement this article.
(b) The chief of police shall publish standards of operation for alarm systems. Each permit
holder will be provided copies of these standards and all changes thereto.
(Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978 Code,
sec. 2 1/2-19)
Sec. 6.02.005 Police response
(a) The response, if any, made to a signal from a permitted alarm system shall be subject to the
policies and procedures of the police department and will be in accordance with the priorities set
for police response.
(b) The issuance of a permit authorizing the use of an alarm system is not intended to nor shall
it create a contract, either express or implied, nor does it create a duty or guarantee of response
by the police department. Any and all liability and consequential damages resulting from the
failure to respond to a notification is hereby disclaimed and governmental immunity as provided
by law is retained.
(Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978 Code,
sec. 2 1/2-20)
Sec. 6.02.006 Operation and maintenance of alarm systems
(a) A permit holder shall:
(1) Maintain the premises containing an alarm system in a manner that ensures proper
operation of the alarm system;
(2) Maintain the alarm system in a manner that will minimize false alarm notifications;
(3) Respond or cause a representative to respond within one (1)hour when notified by
the city to repair or inactivate a malfunctioning alarm system,to provide access to the
premises, or to provide security for the premises;
(4) Not manually activate an alarm system for any reason other than occurrence of an
event that the alarm system was intended to report.
(b) A permit holder of a local alarm shall adjust the mechanism or cause the mechanism to be
adjusted so that an alarm signal will sound for no longer than fifteen(15)minutes after being
activated.
Pace 3 of 6
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ag 1111 Site Plan - Exhibit C-5
N } 4 I Fittz&Shi
"Mn�Nt 3590 College Street - Beaumont,Texas
K
RICH WITH OPPORTUNITY
,
T E . S A 9 S Ci Council A enda Item
� g
TO: City Council
FROM: Kyle Hayes, City Manager
P0.
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten
foot(10')wide Exclusive Water Line Easement.
BACKGROUND
HEB Grocery Company, LP has agreed to convey a ten foot(10') wide exclusive Water Line
Easement to the City of Beaumont. The easement is described as being across a 0.3530 acre
tract out of the David Brown Survey, Abstract 5 located in the abandoned Stagg Drive ROW
described in Ordinance No. 12-064. The water line easement is for the development of a new
grocery store.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
WATER LINE EASEMENT
THAT, HEB GROCERY COMPANY, LP, a Texas limited partnership, of the
County of Bexar, 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 in hand paid to 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, a perpetual,non-exclusive,water line easement (the "Easement") to
construct, alter, and maintain waterlines and related appurtenances on the hereinafter described
lands which said Easement is under, over, in and across those certain tracts or parcels of land
owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more
particularly described in Exhibit "A", attached and made a part hereof for all purposes (the
"Easement Area").
The Easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related
appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of
Beaumont shall have the right of reasonable ingress to and egress from the Easement Area
and use of the same for the purposes aforesaid; provided, however that Grantee use of the
062007.00754 9163557
II
Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or
hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and
egress thereto.
Grantor reserves the right to continue to use and enjoy the surface of the Easement Area
for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by
Grantee for the purposes provided herein, including but not limited to the right to place surfacing
materials over and across the Easement Area and to use the same for parking areas, driveways,
walkways or sidewalks, landscaping and/or lighting; provided, however, no permanent
buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall
not be responsible for the repair and replacement of any improvements placed by Grantor
within the Easement Area and the same shall be repaired and maintained by Grantor, at
Grantor's sole cost and expense.
The conveyance of the Easement granted herein is made by Grantor and accepted by
Grantee subject to any and all existing easements, covenants, rights-of-way, conditions,
restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of
record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted
Exceptions").
This Easement may be amended or terminated only by the written consent of the parties
hereto, or their respective successors and assigns.
062007.00754 4163557
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but
not otherwise, subject to the Permitted Exceptions.
[Signature Page Follows]
062007.00754 9163557
EXECUTED this day of 32012.
GRANTOR:
HEB Grocery Company,LP,
a Texas limited partnership
By:
Printed Name: Todd A. Piland
Title: Executive Vice President
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF BEXAR §
BEFORE ME, the undersigned authority, on this day personally appeared Todd A.
Piland,the Executive Vice President of HEB Grocery Company,LP, a Texas limited partnership,
known to me to be the person and officer whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same as the act of such limited partnership for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,
2012.
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy—Engineering
P.O. Box 3827
Beaumont, TX 77704
062007.00754#163557
EXHIBIT A
(See attached)
062007.00754#163557
RESOLUTION NO.
WHEREAS, HEB Grocery Company, LP has agreed to convey a ten (10) foot wide
exclusive water line easement, said easement being across a 0.3530 acre tract out of the
David Brown Survey, Abstract 5 located in the abandoned Stagg Drive right-of-way, as
described in Exhibit"A"and shown on Exhibit"B,"attached hereto, to the City of Beaumont
for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or
removing water lines and appurtenances to facilitate the development of a new grocery
store; 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 HEB Grocery Company, LP, as described in
Exhibit"A" and shown on Exhibit"B," be and the same is hereby, in all things, accepted for
the stated purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
Fitts&Shipman
INC.
Consulting Engineers and Land Surveyors
Ronald D.Ftu,P.E.,R.P.L.S.(1948-1987) Donald R.IGn&P.E.
Terry C.Shipman,P.E,Chairman Walter J.Ksiazek,R.P.L.S.
Billy J.Smith,Jr.,President
CENTERLINE DESCRIPTION
FORA
10'WIDE EXCLUSIVE WATER LINE EASEMENT
OUT OF THE,
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY,TEXAS
SEPTEMBER 18,2012
That certain centerline for a 10'wide exclusive water line easement out of the David Brown Survey,Abstract 5,
Jefferson County,Texas,and being across a 0.3530 acre tract for the abandonment of a portion of Stagg Drive
described in Ordinance No.12-064 as recorded in Clerks File No.2012029748 of the Official Public Records of
Jefferson County,Texas,said centerline being more particularly described by the courses and distances as follows:
NOTE: Basis of Bearings is the south line of a called 16.9617 acre tract conveyed in a Deed of Trust between
Baptist Hospital of Southeast Texas and The Bank of New York,William J.Barber,Trustee as recorded in Clerks
File No.2001029306 of the Official Public Records of Jefferson County,Texas having been called South 89°58'00"
West.
COMMENCING at a capped iron rod found in the south right-of-way line of Stagg Drive for the southeast comer of
the said 0.3530 acre tract from which a capped iron rod found at the intersection of the east right-of-way line of 11th
Street and the south right-of--way line of Stagg Drive for the northwest comer of the said 16.9617 acre tract bears
North 89°5849"West 546.61 feet(called North 89°59'39'West);
THENCE North 00°23'31"East along the east line of the said 0.3530 acre tract a distance of 48.88 feet(called North
00°22'41'East)to a point for the POINT OF BEGINNING of the said centerline of the 10'wide exclusive water line
easement;
THENCE North 89°59 31'West along the said centerline a distance of 257.17 feet to a point in the west line of the
said 0.3530 acre tract for the POINT OF TERMINATION of the said centerline of the 10'wide exclusive water line
easement from which a PK nail found in concrete for the southeast comer of a called 0.477 acre tract conveyed to
Carey R.Fracht and wife,Patricia L.Fracht as recorded in Film Code 103-21-2215 of the Real Property Records of
Jefferson County,Texas and the northwest corner of the said 0.3530 acre tract,bears North 00°26'02'West 10.99
feet(called North 00°26'52'West).
This description is+bason a survey made by Fittz&Shipman,Inc.during September 2012.
PlE O F��Waiter J.Ksiaae t r .'' 1 S Tyr,Registered Profesd
jurvNo.5321 f'¢c` Aga *
Ftrz&Shipman,Inc. KK
....'—.
Page 1 of 1 ° 5321
P�
Project No.10050TBWaterlineesmt S s 1oAA`
Plat&Description q4+p S~'"tt yp�h
1405 Cornerstone Court•Beaumont,Texas 77706•( 9)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"
I
NOW OR FORMERLY Rg
CAREY R. FRACHT DEED OF TRUST BETWEEN
AND WIFE, DEED OF TRUST BETWEEN BAPTIST HOSPITAL OF
PATRICIA L. FRACHT #' BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND I
OF NEW YORK, SOUTHEAST TEXAS AND
THE BANK
FILM CODE 103-21-2215,R.P.R.J.C. 8� THE BANK OF NEW YORK,
(CALLED 0.477 ACRE) Ilb WILLIAM J. BARBER, TRUSTEE WILLIAM J. BARBER, TRUSTEE
010 CLERKS FILE NO,2001029306.O.P.R.J.C. CLERKS F0.£N0,2001029306,O.P.R.J.C.
29 PART OF A CALLED 10.2334 ACRES) (REMAINDER OF A CALLED 10.2334 ACRES)
90
AZ
FOUND PK CENTERLINE 10' WIDE SET V1 D IRON OD
CONCRETE EXCLUSIVE WATER LINE
10.99 EASEMENT IRON R00
t
Itl ----rte------ -----------------------
STAGG DRIVE �# __________________ _ ___ W
(FORMERLY KNOWN AS FORSYTHE STREET) lV ——————— W< N 89'59'48" W 27.96
(60'PUBLIC R.O.W.) o POINT OF TERMINATION N 69'59'31' W 257.17 POINT OF BEGINNING (CALLED N 69'5e'00•w)
z j f CENTERLINE 10' WIDE CENTERLINE 10' WIDE a� z n m
STAGG DRIVE
EXCLUSIVE WATER LINE ABANDONMENT OF STREET EXCLUSIVE WATER LINE 6p h
ABANDONMENT OF STREET EASEMENT CLERKS FILE NO.201220219748 O.P.R.J.C. EASEMENT Z (FORMERLY KNOWN AS FORSYTHE STREET)
ORDINANCE NO. 12-063 2 (50'PUBLIC R.O.W.) 1"'
CLERKS FILE NM 2012029747,O,P.R.J.C. (CALLED 0.3330 ACRE) Z
LED .0356 ArAF1 _m
N 89'58'49' W 546.61 COMMENCING X
FOUND SET 1/2• (CALLED N 89'59'39'W) POINT LL)
CAPPED CAPPED
RON ROD IRON ROD FOUND
CAPPED
IRON ROD DEED OF TRUST BETWEEN
DEED OF TRUST BETWEEN BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND
�+ BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND THE BANK OF NEW YORK,
r4 THE BANK OF BARBER, TRUSTEE WILLIAM J. BARBER, TRUSTEE
CLERKS FILE NO.2001029305,O.P.R.J.C.
CLERKS FILE NO.2001029306,O.P.R.J.C. (REMAINDER OF A CALLED 16,9617 ACRES)
(PART OF A CALLED 16.9617 ACRES)
1
SURVEYOR'S CERTIFICATION:
1 DO HEREBY CERTIFY,TO THE BEST OF MY KNOWLEDGE AND BELIEF. - - ZZ��
THAT THIS O D ACCURATE PLAT VI A SURVEY d:DESCRIPTION MADE OME
ON THE GROUND UNDER MY SUPERVISION DURING SEPTEMBER 2012.
A
L It
g��olsrF 19:N.��;
a
WALTER L KSIAZEK � NOTE: REFERENCE BEAREE0 IS THE SOUTH 100E OF THE SAID 16.9617 ACRE
WW TRACT HAVING BEEN CALLED SOUTH 8956'00'WEST 350.35 FEET, I
REGISTERED PROFESSIONAL NO SURVEYOR N0.5321 sasLTR I KS Ah SHEET NO.
.0 5321 er° Fi $hl man 10' WIDE EXCLUSIVE WATER LINE EASEMENT 1
��yFas�°1��, INC. PROJECT NAIL: HEB GROCERY COMPANY, LP
gDyg STAGG DRIVE PROJECT NO.
1405 CORNERSTONE COURT,BEAUMONT.TEXAS BEAUMONT, TEXAS 12067
0:\PROJECTS\10050\10050.0001\Tmk 8-Eouments\10D50TBEsmtadv9 Sao 19,2012 03:02pm (409)832-7238 FAX(409)832-7303 DATj;9-17-12 TASK 8
L
RICH WITH OPPORTUNITY
[IEAUMON*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten
foot(10')wide Sanitary Sewer Easement.
BACKGROUND
HEB Grocery Company, LP has agreed to convey a ten foot(10')wide exclusive Sanitary Sewer
Easement to the City of Beaumont. The easement is described as being across a 0.3530 acre
tract out of the David Brown Survey, Abstract 5 located in the abandoned Stagg Drive ROW
described in Ordinance No. 12-064. The sanitary sewer easement is for the development of a
new grocery store.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
SANITARY SEWER EASEMENT
THAT, HEB GROCERY COMPANY, LP, a Texas limited partnership, of
the County of Bexar, State of Texas, hereinafter called "GRANTOR", w h e t h e r o n e o r
m o r e, for and in consideration of the sum of ONE AND N 0/100 DOLLAR ($1.00), and
other good and valuable consideration in hand paid to 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. 0. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas,
its successors and assigns, a perpetual, non-exclusive, sanitary sewer easement (the
"Easement") to construct, alter, and maintain sanitary sewer lines and related
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 and
made a part hereof for all purposes (the "Easement Area").
The Easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, removing sanitary sewer lines and
related appurtenances in the Easement Area, and, it is expressly understood and agreed that the
City of Beaumont shall have the right of reasonable ingress to and egress from the Easement
1
062007.00754#164158
Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the
Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or
hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and
egress thereto.
Grantor reserves the right to continue to use and enjoy the surface of the Easement Area
for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by
Grantee for the purposes provided herein, including but not limited to the right to place surfacing
materials over and across the Easement Area and to use the same for parking areas, driveways,
walkways or sidewalks, landscaping and/or lighting; provided,however, no permanent buildings
may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be
responsible for the repair and replacement of any improvements placed by Grantor within the
Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole
cost and expense.
The conveyance of the Easement granted herein is made by Grantor and accepted by
Grantee subject to any and all existing easements, covenants, rights-of-way, conditions,
restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of
record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted
Exceptions").
This Easement may be amended or terminated only by the written consent of the parties
hereto,or their respective successors and assigns.
2
062007.00754#164158
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever, by,through, or under Grantor, but
not otherwise, subject to the Permitted Exceptions.
[Signature Page Follows]
3
062007.00754#164158
EXECUTED this day of , 2012.
GRANTOR:
HEB Grocery Company,LP,
a Texas limited partnership
By:
Printed Name: Todd A. Piland
Title: Executive Vice President
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF BEXAR §
BEFORE ME, the undersigned authority, on this day personally appeared Todd A.
Piland, the Executive Vice President of HEB Grocery Company,LP,a Texas limited partnership,
known to me to be the person and officer whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same as the act of such limited partnership for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,
2012.
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy—Engineering
P.O. Box 3827
Beaumont, TX 77704
4
062007.007549164158
EXHIBIT A
(See Attached)
062007.00754#164158
RESOLUTION NO.
WHEREAS, HEB Grocery Company, LP has agreed to convey a ten (10) foot wide
sanitary sewer easement, said easement being across a 0.3530 acre tract out of the David
Brown Survey,Abstract 5 located in the abandoned Stagg Drive right-of-way, as described
in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the
purpose of placing,constructing,operating,repairing,rebuilding, relocating and/or removing
sewer lines and appurtenances to facilitate the development of a new grocery store; 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 HEB Grocery Company, LP, as described in
Exhibit"A" and shown on Exhibit"B," be and the same is hereby, in all things, accepted for
the stated purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
INC.
Consulling Engineers and Land Surveyors
Ronald D.Finz,P.E.,R.P.L.S.(1948-1987) Donald R-King,P.E.
Terry G.Shipman,P.E.,Chairman Walter J.Ksiazek,R.P.L.S.
Billy J.Smith,Jr.,President
CENTERLINE DESCRIPTION
FOR A
10'WIDE EXCLUSIVE SANITARY SEWER EASEMENT
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY,TEXAS
SEPTEMBER 18,2012
REVISED:SEPTEMBER 25,2012
That certain centerline for a 10'wide exclusive sanitary sewer easement out of the David Brown Survey,Abstract 5,
Jefferson County,Texas,and being across a 0.3530 acre tract for the abandonment of a portion of Stagg Drive
described in Ordinance No. 12-064 as recorded in Clerks File No.2012029748 of the Official Public Records of
Jefferson County,Texas,said centerline being more particularly described by the courses and distances as follows:
NOTE: Basis of Bearings is the south line of a called 16.9617 acre tract conveyed in a Deed of Trust between
Baptist Hospital of Southeast Texas and The Bank of New York,William J. Barber,Trustee as recorded in Clerks
File No.2001029306 of the Official Public'Records of Jefferson County,Texas having been called South 89°58'00"
West.
COMMENCING at a capped iron rod found in the south right-of-way line of Stagg Drive for the southeast comer of
the said 0.3530 acre tract from which a capped iron rod found at the intersection of the east right-of-way line of 1 Vh
Street and the south right-of-way line of Stagg Drive for the northwest comer of the said 16.9617 acre tract bears
North 89°58'49"West 546.61 feet(called North 89°59'39"West);
THENCE North 00°23'31"East along the east line of the said 0.3530 acre tract a distance of 29.10 feet(called North
00°22'41"East)to a point for the POINT OF BEGINNING of the said centerline of the 10'wide exclusive sanitary
sewer easement; ,
THENCE North 89°59'31"West along the said centerline a distance of 256.89 feet to a point in the west line of the
said 0.3530 acre tract for the POINT OF TERMINATION of the said centerline of the 10'wide exclusive sanitary
sewer easement from which a PK nail found in concrete for the southeast comer of a called 0.477 acre tract
conveyed to Carey R.Fracht and wife,Patricia L. Fracht as recorded in Film Code 103-21-2215 of the Real Property
Records of Jefferson County,Texas and the northwest corner of the said 0.3530 acre tract, bears North 00°26'02"
West 30.77 feet(called North 00°26'52"West).
This description isbwd on a survey made by Fittz&Shipman tember 2012.
Wafter.f.Ksiaz k *5,' GIs
Registered Professiorrdl Land Surveyor No.5321 *J
Fittz g Shipman,Inc, .a 21
Page 1 of 1 VOAI f'
Project No.10050T$SanSeweresmt
Plat&Description ��SURV00
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"
NOW OR FORMERLY $M
CAREY R. FRACHT DEED OF TRUST BETWEEN DEED OF TRUST BETWEEN
D WIFE, BAPTIST HOSPITAL OF
AND
L. FRACHT 3^ BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND SOUTHEAST TEXAS AND
FILM CODE 103-21-2215,R.P.R.J.C. 83 THE BANK OF NEW YORK, THE BANK OF NEW YORK,
(CALLED 0.477 ACRE) 1 WILLIAM J. BARBER, TRUSTEE WILLIAM J. BARBER, TRUSTEE
00 CLERKS FILE NO. 2001029308, O.P.R.J.C. CLERKS FILE NO.2001029306, O.P.R.J.C.
(REMAINDER OF A CALLED 10.2334 ACRES)
Z (REMAINDER OF A CALLED 10.2334 ACRES)
.8
y
FOUND PK v SET 1/2"
NAIL IN CENTERLINE 10' WIDE SET CAPPEo IRON CAPPED
ROD
CONCRETE EXCLUSIVE SANITARY IRON ROD
SEWER EASEMENT
POINT OF BEGINNING \
STAGG DRIVE w 3 n CENTERLINE 10' MADE w \
n n EXCLUSIVE SANITARY W&
(FORMERLY KNOWN AS FORSYTHE STREET) N 00 M SEWER EASEMENT ° N N(CALLED 48" W 27.96
O fy (CALLED N 89'58'00'W)
(60 PUBLIC R.o.w.) $fin ---- --N 89'59'31" W 256.89 ------------
6N.6 STAGG DRIVE
qqqq ---------- --------
ABANDONMENT OF STREET O ——————————— ——— O ww (FORMERLY KNOWN AS FORSYTHE STREET) m
ORDINANCE NO. 12-063 a y POINT OF TERMINATION ABANDONMENT OF STREET O y a (60'PUBLIC R.O.W.)
CLERKS FILE NO. 2072029747, O.P.R.J.C. v CENTERLINE 10' WIDE ORDINANCE NO.12-064 �-
(CALLED 0.0356 ACRE CLERKS FILE NO. 2012029748,O.P.R.J.C. 01
EXCLUSIVE SANITARY (CALLED 0.3530 ACRE) N m
SEWER EASEMENT _
E- N 89'58'49" W 546.61 COMMENCING
FOUND SET 1/2' (CALLED N 89'59'39"W) POINT LLLI
CAPPED CAPPED
�+ IRON ROD IRON ROD FOUND
�y CAPPED
t��`-±� IRON ROD
r
DEED OF TRUST BETWEEN
2o R
BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND
THE BANK OF NEW YORK, D�O
SURVEYOR'S CERTIFICATION: WILLIAM J. BARBER, TRUSTEE ��CC�__�
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, y CLERKS FILE NO. 2001029306, O.P.R.J.C. $ A
THAT THIS IS AN ACCURATE PLAT OF A SURVEY b:DESCRIPTION MADE .40�.'.Di� T�'1 (REMAINDER OF A CALLED 16.9677 ACRES)
ON THE GROUND UNDER MY SUPERVISION DURING SEPTEMBER 2012. 1ST�A%�*
I/An✓{ � WALTER J.K3IAZEK
WALTER J. KSIAZEK 7M" NOTE: REFERENCE BEARING IS THE SOUTH UN OF THE SAID 16.9617 ACRE
REGISTERED PROFESSIONAL LAND SURVEYOR N0. 27 .n 9 5321 t{ TRACT HAVING BEEN CALLED SOUTH 89 8'00"WEST 350.35 FEET.
6s%0 10' WIDE EXCLUSIVE SANITARY SEWER EASEMENT SHEET NO.
sump'° Fittz&Shipman pROJEC'P NAME: HEB GROCERY COMPANY, LP 1
ro rwlsE STAGG DRIVE PROJECT NO.
1405 CORNERSTONE COURT,BEAUMONT,TEXAS BEAUMONT, TEXAS REVISED: 9-25-12 12067
(409)832-7238 FAX(409)832-73D3 DATE:9-18-12 TASK 8
O:\PROJECTS\10050\10050.0001\Task 8— E05ements\ID050T8Esmts.dwg Sep 25, 2012 09:57om
M
RICH WITH OPPORTUNITY
BEAUMON* Ci Council AQenda Item
T E S . A S t b
TO: City Council
FROM: Kyle Hayes, City Manager
po
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten
foot(10')wide General Utility Easement.
BACKGROUND
HEB Grocery Company, LP has agreed to convey a ten foot(10')wide General Utility Easement
to the City of Beaumont. The easement is described as a 0.0601 acre tract out of the David
Brown Survey, Abstract 5 located across abandoned portion of Stagg Drive ROW described in
Ordinance No. 12-064. The general utility easement is for the development of a new grocery
store.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
GENERAL UTILITY
EASEMENT
THAT, HEB GROCERY COMPANY, LP, a Texas limited partnership, of
the County of Bexar, State of Texas, hereinafter called "GRANTOR", whether one or more,
for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other
good and valuable consideration in hand paid to 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, have GRANTED, SOLD and
CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF
BEAUMONT, P. O . Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its
successors and assigns, a perpetual, non-exclusive, general utility easement (the
"Easement") to construct, alter, and maintain general utility lines and related improvements
and related 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 City
of Beaumont,Jefferson County, Texas, and being more particularly described in Exhibit "A",
attached and made a part hereof for all purposes (the "Easement Area").
The Easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and removing general utilities and related
appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of
Beaumont -shall have the right of reasonable ingress to and egress from the Easement Area
and use of the same for the purposes aforesaid; provided, however that Grantee use of the
1
062007.00754#164159
Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or
hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and
egress thereto.
Grantor reserves the right to continue to use and enjoy the surface of the Easement Area
for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by
Grantee for the purposes provided herein,including but not limited to the right to place surfacing
materials over and across the Easement Area and to use the same for parking areas, driveways,
walkways or sidewalks, landscaping and/or lighting; provided,however,no permanent buildings
may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be
responsible for the repair and replacement of any improvements placed by Grantor within the
Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole
cost and expense.
The conveyance of the Easement granted herein is made by Grantor and accepted by
Grantee subject to any and all existing easements, covenants, rights-of-way, conditions,
restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of
record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted
Exceptions").
This Easement may be amended or terminated only by the written consent of the parries
hereto,or their respective successors and assigns.
2
062007.00754#164159
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but
not otherwise, subject to the Permitted Exceptions.
[Signature Page Follows]
3
062007.00754#164154
EXECUTED this day of ) 2012.
GRANTOR:
HEB Grocery Company,LP,
a Texas limited partnership
By:
Name: Todd A. Piland
Title: Executive Vice President
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF BEXAR §
BEFORE ME, the undersigned authority, on this day personally appeared Todd A.
Piland,the Executive Vice President of HEB Grocery Company,LP, a Texas limited partnership,
known to me to be the person and officer whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same as the act of such limited partnership for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,
2012.
Notary Public, State of Texas
RETURN TO: City of Beaumont
P.O. Box 3827
Beaumont, TX 77704
880-3728
4
062007.00754#164159
EXHIBIT A
(See attached)
062007.00754 4164159
RESOLUTION NO.
WHEREAS, HEB Grocery Company, LP has agreed to convey a ten (10) foot wide
general utility easement, said easement being a 0.0601 acre tract out of the David Brown
Survey, Abstract 5 located across the abandoned portion of Stagg Drive right-of-way, as
described in Exhibit"A"and shown on Exhibit"B,"attached hereto, to the City of Beaumont
for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or
removing utilities and appurtenances to facilitate the development of a new grocery store;
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 HEB Grocery Company, LP, as described in
Exhibit"A" and shown on Exhibit"B," be and the same is hereby, in all things, accepted for
the stated purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
Fittz&Shipman
INC.
Consulting Engineers and Land Swveyors
Ronald D.Fttz,P.E.,R.P.L.S.(1948-19B7) Donald R.IGn$P.E.
Terry C.Shipman,P.E.,Chairman Walter J.Ksazek,R.P.LS.
Billy J.Smith,Jr.,President
FIELD NOTE DESCRIPTION
OF A
0.0601 ACRE TRACT
FOR A
10'WIDE GENERAL UTILITY EASEMENT
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY,TEXAS
SEPTEMBER 18,2012
That certain 0.0601 acre tract out of the David Brown Survey,Abstract 5,Jefferson County,
Texas,and being across a portion of a called 10.2334 acre tract conveyed in a Deed of Trust
between Baptist Hospital of Southeast Texas and The Bank of New York,William J.Barber,
Trustee as recorded in Clerks File No.2001029306 of the Official Public Records of Jefferson
County,Texas and a 0.3530 acre tract for the abandonment of a portion of Stagg Drove
described in Ordinance No.12-064 as recorded in Clerks File No.2012029748 of the Official
Public Records of Jefferson County,Texas,said 0.0601 acres being more particularly described
by metes and bounds as follows:
NOTE: Basis of Bearings is the south line of a called 16.9617 acre tract conveyed in the said
Clerks File No.2001029306 having been called South 89°58'00"West.
COMMENCING at a capped iron rod found in the south right-of-way line of Stagg Drive for the
southeast comer of the said 0.3530 acre tract from which a capped.iron rod found at the
intersection of the east right-of-way line of 11th Street and the south right-of-way line of Stagg
Drive for the northwest comer of the said 16.9617 acre tract bears North 89°58'49"West 546.61
feet(called North 89°59'39°West);
THENCE North 00°23'31'East along the east line of the said 0.3530 acre tract a distance of
53.88 feet(called North 00°22'41"East)to a point for the southeast comer of the said 0.0601
acre tract and the POINT OF BEGINNING;
THENCE North 89°59'31"West along the south line of the said 0.0601 acre tract a distance of
257.24 feet to a point in the west fine of the said 0.3530 acre tract for the southwest comer of
the said 0.0601 acre tract;
THENCE North 00°26'02"West along the west line of the said 0.3530 and 0.0601 acre tracts,
passing at a distance of 5.99 feet a PK nail found in concrete for the southeast comer of a
called 0.477 acre tract conveyed to Carey R.Fracht and wife,Patricia L.Fracht as recorded in
Fittz B Shipman,Inc.
Page 1 of 2
Project No.1005MUtilityesmt
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"
Film Code 103-21-2215 of the Real Property Records of Jefferson County,Texas,the
southwest comer of the said 10.2334 acre tract and the northwest comer of the said 0.3530
acre tract,and continuing a total distance of 10.00 feet(called North 00°26'52"West and North
00°17'00"West)to a point for the northwest comer of the said 0.0601 acre tract;
THENCE South 89°59'31'East along the north line of the said 0.0601 acre tract a distance of
265.70 feet to a point for the northeast corner of the said 0.0601 acre tract;
THENCE South 54°38'39'East along a northeasterly line of the said 0.0601 acre tract a
distance of 6.89 feet to a point in the north right-of-way line of Stagg Drive and the south line of
the said 10.2334 acre tract for the most easterly point of the said 0.0601 acre tract;
THENCE North 89°59'48'West along the said north right-of-way line of Stagg Drive,the said
south line of the 10.2334 acre tract and an interior line of the said 0.0601 acre tract a distance of
13.96 feet to a capped iron rod set for the northeast corner of the said 0.3530 acre tract and
an interior comer of the said 0.0601 acre tract;
THENCE South 00°23'31"West along the east line of the said 0.3530 acre tract and the east
line of the said 0.0601 acre tract a distance of 6.01 feet(called South 00°22'41'West)to the
POINT OF BEGINNING and containing 0.0601 acres of land,more or less.
This description is based on a survey made by Fitz&Shipman,Inc.during September 2012.
F�T��t
Qi a'ss�e9ti�,Icp
Wafter J.Ksiazek # ?�
Q F�� t
Registered Professiona and Survey No.5321»--..... �
V ALTER J.Kt31AZE8i
p 5321 -7"
a,�:ssk a
�SURYt<�� •
Fitts g Shipman,Inc.
Page 2 of 2
Project No.10050T8Ublityesmt
Plat&Description
i
I
NOW OR FORMERLY RM
CAREY R. FRACHT DEED OF TRUST BETWEEN DEED Of TRUST BETWEEN
AND WIFE, BAPTIST HOSPITAL OF
PATRICIA L. FRACHT #� BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND SOUTHEAST TEXAS AND
FILM CODE 103-21-2215,R.P.R.J.C. $3 THE BANK OF NEW YORK, THE BANK OF NEW YORK,
WILLIAM J. BARBER, TRUSTEE WILLIAM J. BARBER, TRUSTEE
(CALLED 0.477 ACRE) rg" CLERKS FILE NO. 2001029308,O P.R.,LC.
CLERKS FILE N0.2001029306,O.P.R.J.C.
Z (PART OF A CALLED 10.2334 ACRES) (REMAINDER OF A CALLED 10.2334 ACRES) !
I
y iG' WIDE GENERAL
unuTY EASEMENT SET FOUND IN 0.0601 ACRE Cw; RONIROD
CONCRETE
———————
---^ S 89'59'31" E 285.70 ---^———— ° -- (?
L3 i
- ------------------- ------ W
STAGG DRIVE av'j N 89'5931 W 257.24 POINT OF W o
(FORMERLY KNOWN AS FORSYTHE STREET) ""N pp BEGINNING r (CALLED 4g%WGO'W)8
(60'PUBLIC R.O.W.) G Iq ABANDONMENT OF STREET M
g 10 ORDINANCE NO.12-054
�bV CLERKS FILE NO.2012029748,O.P.R.J.C. Z.°n STAGG DRIVE _
ABANDONMENT OF STREET °O (CALLED 0.3530 ACRE) � ° (FORMERLY KNOWN AS FORSYTHE STREET) -
ORDINANCE NO.12-063 y SET 1/2" ���..7{{{ (60'PUBLIC R.O.W.) m
CLERKS FILE NO.2012029747,O.P.R.J.C. CAPPED Z U -
(CALLED 0 56 A E IRON ROD �-
_m
N 89'58'49' W 548.81 COMMENCING =
FOUND (CALLED N 89'59'39"W) POINT v
CAPPED /�
IRON ROD FOUND
DAPPED DEED OF TRUST BETWEEN LLJ
DEED OF TRUST BETWEEN IRON ROD BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND
BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND THE BANK OF NEW YORK,
THE BANK OF NEW YORK, WILLIAM J. BARBER, TRUSTEE
WILLIAM J. BARBER, TRUSTEE CLERKS FILE NO.20010293M.O.P.R.J.G
CLERKS FILE NO.2001029305,O.P.IL tr- (REMAINDER OF A CALLED 16.9617 ACRES)
(PART OF A CALLED 16.9617 ACRES)
SURVEYOR'S CERTIFICATION: NUMBER DIRECTION DISTANCE ^
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, Li N 00'28 02 W 10.00
THAT THIS IS AN ACCURATE PLAT OF A SURVEY k DESCRIPTION MADE y L2 S .514'38 39 E 6.89 0 20 0
ON THE GROUND UNDER MY SUP DURING SEPTEMBER 2012. �'��OF r`. L3 N 89.59 48 W 13.98 i
'1
a Te9F+��' L4 S 00"23 31 W 6.01 A L
WALTER J.KNAM NOTE: REFERENCE SEARING IS THE SOUTH LW OF THE SAID 16.9617 ACRE
WALTER J.KSIAZEK y.«. TRACT HAVING BEEN CALLED SOUTH 89'58'00"WEST 350.35 FEET.
REGISTERED PROFESSIONAL LAND VEYOR NO.53 """'"""""°"��"""�"�°"'"'
0 �'z} v;
90oess`°" Fitltz�Shipman 10' WIDE GENERAL UTILITY EASEMENT SHEET NO.
try 8UgYEVO w. PROJWT NA : HEB GROCERY COMPANY, LP
STAGG DRIVE PROJECT NO.
14DS CORNERSTONE COURT,BEAUMONT.TEXAS BEAUMONT, TEXAS 12067
4.\PROJECTS\10050\10050.0001\Task B—Eoaemsnte\t pO50T8Eemta.dWq Sep 19.2012 03:02pm
(409)532-7236 FAX(409)632-7303 DM:9-17-12 TASK 8
N
RICH WITH OPPORTUNITY
BEAUM"10N*
T • E ,. X • A . S City g Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Charles W. Jeffcoat, Assistant Chief of Police —
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider a resolution approving the City Manager
to execute all documents necessary, specifically including a
Memorandum of Understanding between the Beaumont
Police Department and Department of Public Safety.
BACKGROUND
The Motor Carrier Safety Assistance Program is an ongoing effort of the Department of Public
Safety and qualifying local law enforcement agencies, of which the Beaumont Police Department
is one. The goal of the program is to reduce commercial motor vehicle crashes, fatalities, and
injuries through consistent,uniform,and effective commercial motor vehicle safety programs. An
important part of this program is the inspection of commercial motor vehicles. The goal of these
inspections is to identify and correct dangerous conditions to prevent injury and loss of life.
FUNDING SOURCE
DOT fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to enter into a Memorandum of
Understanding with the Texas Department of Public Safety for participation in the Motor
Carrier Safety Assistance Program. The agreement is substantially in the form attached
hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
Mayor Becky Ames -
MEM&ADUNf OF UNDERSTANDING
b:
Between
THE TEXAS DEPARTMENT OF PUBLIC SAFETY
(The"Department')
-and-
BEAUMONT POLICE DEPARTMENT
(The"Municipality"
General Agreement
The goal of the Motor Carrier Safety Assistance Program is to reduce CMV-involved crashes,.
fatalities, and injuries.through consistent, uniform, and effective CMV safety programs. Effective
safety programs increase the likelihood that safety defects, driver deficiencies, and unsafe motor
carrier practices are detected and corrected before they become contributing factors to crashes.
In order to maximize the effective utilization of commercial motor vehicle, driver,, and cargo
inspection resources; to avoid duplicabpn of effort and to expand the number of inspections
performed; to advance uniformity gf'lft! qop;° and to minimize delays in schedules incurred by
industry inherent to this type of eh N�ment activity, the undersigned parties enter into. this
Memorandum of Understanding (MOU).
In recognition of the many agencies - federal, state, county, and municipality— engaged in the
inspection Of commercial motor vehicles, their drivers, and cargo within the State of Texas; and the
need for a basic delineation of routine responsibility, it is agreed:
1. The Department of Public Safety will Inspect vehicles operating over public highways and at
carrier terminal facilities.
2. Other allied agencies will, as a routine practice, confine inspection activities to vehicles
operating over public highways and city streets in their jurisdiction with the exception of
municipal police officers certified under Texas Transportation Code, Section 644.101; such
municipal officers may conduct vehicle inspections at carrier terminal facilities.
Signatories to this MOU agree that it.is very important to ensure the timeliness and accuracy
of information recorded about both interstate and intrastate motor carriers in their respective carrier
profiles. To this end, ttre Federal Motor Carrier Safety Administration has imposed timeliness and
accuracy standards on the Department regarding information about motor carriers. The Department,
in turn, has established timeliness : curacy standards for itself and for counties and
municipalities engaged in the inspectfotr: �SMnercial motor vehicles.
Signatories to this MOU agree that their authorized inspection representatives (Program
Coordinators) will implement procedures in accord with minimum standards contained herein.
In order to advance uniformity in the inspection of commercial motor vehicles and their
operators, parties to this MOU agree to adopt the CVSA's North American Standard Roadside
Inspection Procedures and North American Standard Out-of-Service Criteria as adopted by the
Department of Public Safety under Chapter 644, Texas Transportation Code (the "Transportation
Code" at http://www.statutes.legis.state.tx.uso; Tide 37, Texas Administrative Code ("TAC" at
http://www.sos.state.tx.us/tagLindex.shtml), Chapter 4, Subchapter B; Chapter 16, Subchapter A;
01 Current MoU-January 2012
MOU with Beaumont Police Depa ww*,Traffic DNiston
Page 1 of 6 P:\MCCA\MOUs\Master Correspondence\01 Qurent MOU-January 2012.doc
EXHIBIT "A"
and Chapter 21 and any amendments thereto, and the most current version of the Commercial
Vehicle Enforcement Guidance Documents.provided by the Department.
CommercigVehick Soft Alliance (CV
elmf Inspecdon
Level I North American Standard
Level II Walkaround Inspection
Level III Driver Only Inspection
Level IV Special Inspection
Level V Vehicle-Only Inspection (Terminal)
ResRQnsibilltles of the Department
In order to better implement and maintain the standards and agreements contained in this
MOU, the Department agrees to:
1. Train, retrain (as necessary or desirable), test, and certify the inspectors of the political
subdivision as per the agreement between the Department of Public Safety and the CVSA.
2. Approve inspection forms for all inspections conducted in conformance with this
agreement.
3. Approve vehicle and driver out-of:service stickers.
4. Supply CVSA decals on a cost recovery basis to municipalities and counties.
5. Supply software necessat*I O data entry of all Inspection information, on a cost
recovery basis to municipal `19' d aunties.
6. Upon request, the municipalities and counties may be supplied.with inspection data.
7. Forward challenges of data in inspections or crash reports to the municipalities and
counties for their investigation.
The Department may conduct random in-person observation of Inspections conducted by the
Municipality in order to ensure that the Municipalkys inspectors maintain practical proficiency in the
program.
ftMnsibilitles of the Munid2ality
The Municipality will enroll officers who have not met the minimum certification requirements
for enforcement of Chapter 644 of the Code in training programs required by 37 TAC §4.13(b)
necessary for certification prior to using these officers for commercial vehicle enforcement. The
Municipality will reimburse the Department for costs associated with any training provided by the
Department under 37 TAC §4.13(b)(5).
The Municipality will require all defects disclosed during the inspection process to be corrected.
The Municipality will adopt, t. mmended Out-of-Service and other defect repair
t � .
verification.procedures as developed! } #
The Municipality agrees to honor the CVSA inspection decals affixed to those vehicles by all
authorised agencies. It further agrees that CVSA decals shall be affixed to vehicles which pass the
Level I or V CVSA inspection with no disqualifying violations under the North American Standard
Roadside Inspection Procedures and North American Standard Out-of-Service Criteria.
The 'Municipality will implement a program to ensure Its officers perform the required
inspections annually as specified in 37 TAC §4.13(c), and successfully complete the required annual
MOU with Beaumont Police De 9nment,Traffic Wow
Page 2 of 6 P:\MCCA\MOUs\Master Correspondenae\01 Current MW-January 2012.doc
certification training to maintain their certification. To further program goals and achieve the highest
quality in inspections, the Municipality will ensure that its officers conduct more than the minimum
number of inspections required to maintain certification and that inspections are evenly distributed
throughout the year to maintain enforcement continuity.
The Municipality will immediately suspend from performing-CVSA enforcement and inspections
any officer who fails to maintain his certification or who fails to perform the required inspections
following CVSA's North American Standard Uniform Inspection Procedures and North American
Standard Out-of-Service Criteria guidelines..:
The Municipality will send a::f �' 've to the annual MCSAP meeting held by the
Department to ensure familiarity with `a i to policies and procedures.
If the Municipality wishes to continue commercial vehicle enforcement beyond the date
specified in the Termination of Certification section of this MOU, the Municipality will mail or FAX a
renewal request not more than sixty days nor less than thirty days prior to the expiration of this
MOU.
The Municipality further agrees to the following conditions:
1. Inspections will only be conducted by the CVSA certified inspectors.
2. When performing inspections as described herein, said inspections shall be documented on
the most recent version of forms and software approved by the Department and conducted
following the guidelines approved by the Department. Forms and software will not be
altered without Department approval.
3. The Municipality will ensure that CVSA certified inspectors have adequate tools and
resources to conduct queries into motor carrier registration and operating authority while
conducting. roadside inspections:
4. CVSA_eertified inspectors will document all violations found during a CVSA inspection on the
CVE-3 inspection report, includ'ng vfo ations of local ordinances.
5. Inspection data will be fo ectronically to the Department within ten (10). days
following he date of ins .rocessin and final compliance using the most recent
n9 Pe ton 9 pl� n9
version of reporting software; paper copies will be mailed to the Department immediately
thereafter.
6. Any time an officer's certification status changes (is certified, suspended, or decertified for
different types of inspections; or transferred out of the CVSA inspection program), the
Municipality will notify dw-Department in writing wi -10 days. A cumulative list of the
officers whose status has changed will be sent to the Department. by January 31st of each
year.
7. Crash reports involving commercial motor vehicles will be forwarded to the Texas
Department of Transportation no later than ten (10) days after the date of the crash
investigation.
8. Allow the Department to conduct random in-person observation of inspections conducted
by the Municipality in order -to ensure that the Municipality"s inspectors maintain practical
proficiency in the program.
9. The Municipality will maintain the official copy of all reports of inspections conducted by its
CVSA certified inspectors for the current calendar year, and two additional years. The
official copy may be in paper or retrievable electronic form, and it must bear the signature
of the commercial motor veh' r r;involved In the inspection. A copy must be provided
to the Department upon ti fit's request.
a :
MOU*M ONUMOM PWoe DqW nwt,7rd fix Wslon
Page 3 of 6 P:\M CCA\MOUskMaster Correspondence\01 Qirtent MOU-January 2012.doc.
10.When data in an inspection or crash report is challenged,.the Municipality will. investigate
and determine whether a correction to the data needs to be made. The Municipality will
notify the motor carrier and the Department in writing of the results of the investigation
within 10 days. If a correction is necessary, the Municipality will make the correction and
forward the corrected reports to the Department immediately.
11.The Municipality will not use its certification to enforce federal safety regulations as a
primary method to generate program revenue through enforcement penalties or to
enhance criminal interdiction activities.
12.The Municipality will not allow officers certified to enforce federal safety regulations to
participate in secondary employment activities that present a conflict of interest related to
their commercial vehicle enforcement duties.
Upon amendment of 37 TAC Chapter 4, Subchapter B, the Department will, if necessary,
amend this MOU within a reasonable,,, rio§.. of time. The date of any amendment under this
paragraph will not affect the renewal:,: � ,.. ' ' bed in the next section.51
isimil6tjoh of Certification
* * UNLESS REM MO, THIS MOU WILL EXPIRE ON SEM LASER 1, 2014
To prevent a loss of authority to conduct CVSA inspections, please mail or FAX your
renewal request to the Department no more than sixty or less than thirty days prior to
the expiration of this MOU. If the renewal has not been executed by both parties before
the MOU expiration date, certified officers must cease performing all CVSA inspections,
until the renewal.has been fully executed.
Termination of certification, whether by decertification, request of the Municipality, or by
failure to renew, will result in the inability of the Municipality,to retain expenses for any enforcement
actions taken after the effective date of the termination of certification. All reporting requirements,
including the list of officers suspended and no longer certified which is normally due by January 31st
of each year, Inspection data ,reports and Crash reports must be provided to the Department
immediately upon discontinuation in the certification program.
The Municipality may discontinue certification at any time by notifying the Program
Coordinator for the Department in writing.;,'
The CVSA. and Federal Moto.•. v_ afet i Administration require-officers to complete a .
minimum number of inspections an order for officers to renew their certifications. The
purpose of this requirement is to ensure officers achieve and maintain practical proficiency in
inspecting commercial motor vehicles. Therefore, the Department will decertify the Municipality for
failure to report any inspections to this Department within a six (6) month period or for failure to
evenly space the required number of inspection throughout the year.
The Department may decertify the Municipality, or individual officers conducting inspections
for the Municipality, for failure to demonstrate practical proficiency in the program during random In-
person observations by the Department, or by audits of inspections submitted.
The Department may decertify the Municipality for using the certification as a primary method
of generating program revenue or enhancing criminal interdiction activities.
The Department may decertify the Municipality for allowing its officers to engage in secondary
employment activities that present a conflict of interest with their commercial vehicle enforcement
duties.
MW Wltlt Beaumont Police DePaty N*,Traft Wslon
Page 4 of 6 P:\MCCA\t+btls\Master Correspaidence\Ol CurteAt MOU-7 7atwary 201.2doc
-k 3"
The Department may decertify the Municipality for failure to comply with the provisions of the
MOb,training, officer certification, or d.Fb
'-sh 'ding requirements, including the requirement that the
Municipality reimburse the wining expenses and the requirement that the
Municipality forward information and r' nd.to requests In a timely manner, or any other provisions
of 37 TAC §§ 4.13-4.14.
Any Termination of Certification terminates the Municipality's authority to enforce
federal safety regulations under Chapter 644 of the Code, and the Munidpality's
eligibility for reimbursement of expenses from penalties assessed. The Department will
notify the program coordinator for the Municipality and the Texas Comptroller of Public Accounts in
writing of any Termination of Certification.
The Department may issue a warning to the Municipality if the Municipality fails to conduct any
inspections within a three (3) month period. The Department may also issue a warning if the
Municipality fails to comply with MOU requirements in such a way that the Department deems the
quality and/or timeliness of inspection data could be compromised, or certified officers would fail to
maintain practical' proficiency in the program. Failure to correct the compliance issues within three.
(3) months, or such other period as the Department'may specify, can result in termination of the
MOU and decertification of the Municipality.
MOU with Beaumont PoSm Departrnent,Trd k Wslon
Page 5 of 6 P:\MCCA\MOUAMaster Camespondenoe\01 Cunw t MOU-January 2012.dot
4:
r Program CoordiriaWri;
The program coordinators for this agreement shall be responsible for all communications and
contacts required to manage this agreement. The parties-agree to provide any updates regarding
contact information within 30 days. The current program coordinators for this agreement are:
Municipality: Department:
Beaumont Police Department : : DEPARTMENT OF PUBLIC SAFETY
Traffic Division Texas Highway Patrol
Motor Carrier Bureau
Captain Omar Villarreal
Lieutenant Derrick Fowler Manager
Program Coordinator Program coorctinaw
700 Orleans MCB,. P.O. Box 4087
Beaumont TX 77701 Austin Texas 78773-0522
Address Address
(409) 980-7271 (512) 424-2053
Voice Phone Number Voice Phone Number
(409) 980-7225 (512) 424-5712
Fait Number Fax Number
dfowler @cl.beaumonttx.us& = y
cford @ci.beaumont.tx.us ;#v omar,villarreal @txdps.state.tx.us
E-mal Addres, E-mail Address
Evidence.of Acceptance by parties:
Sigriahire of AuUuized Qfndai signadue of hmorized official
BEAUMONT POLICE DEPARTMENT
TRAFFIC DIVISION TEXAS DEPARTMENT OF PUBLIC SAFETY
Political Subdivision State Agency
STEVEN C. McCRAW, COLONEL
Name Name
DIRECTOR
Title 7 ,-, Title
,"p°
Date Date
Page 6 of 6 PAMMA\MOUSV der Correspondence\01 Current MOU-January 2017-doc
0
RICH WITH OPPORTUNITY
BEAUMON*
T • $ • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider a resolution authorizing the acquisition of
property located at 125 Magnolia from TARM Properties in
the amount of$115,000.
BACKGROUND
The property located at 125 Magnolia includes a 35,230 sq. ft. abandoned warehouse. The
property, located in the vicinity of the Great Lawn, Event Centre and Skate Plaza, is available for
purchase. The owner of the property listed below, has agreed to convey his property to the City:
1.125 acre tract of land, situated in the Noah Tevis League, Abstract No. 52
(125 Magnolia) Value: $115,000
Owner: TARM Properties(Ralph Thomas Adams)
BUDGETARY IMPACT
Funds are available in the Capital Reserve.
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the acquisition of property
described below and in Exhibit "A" and shown on Exhibit "B," attached hereto:
Description: 1.125 acre tract of land, situated in the
Noah Tevis League, Abstract No. 52
Address: 125 Magnolia Avenue
Owner: TARM Properties (Ralph Thomas Adams)
Appraised Value: $115,000.00
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 purchase of the above described property be, and the same is, hereby
approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
tCH "Recognizing the landmarks of the past....setting our foresight towards the future"
. —
LAND SURVEYORS, INC. Richard L.Worthey,RPLS
EXHIBIT"A" J.L.Sims,Jr.,RPLS
May 19,2011
Surveyor's Field Note Description:PARCEL H
BEING a 1.125 acre tract of land being out of and a part of that certain TARM Properties,L.L.C. called
1.210 acre tract of land, more fully described as Tract 2 recorded in Clerks File No. 2005038589 of the
Official Public Records of Jefferson County, Texas. Said 1.125 acre tract of land being situated in the
Noah Tevis League, Abstract No. 52, Jefferson County, Texas and being more particularly described as
follows:
BEGINNING at a 1/2 inch iron rod found at the Northwest comer of said 1.210 acre tract, same being
the most Westerly Northeast corner of that certain Tideland Specialty, Ltd.called 11.4488 acre tract of
land, more fully described and recorded in Clerks File No. 2002046131.and being in the South line of
South Street(30 feet wide right-of-way);
THENCE North 69 deg.07 min. 36 sec.East along and with the North line of said 1.210 acre tract,same
being the South line of said South Street, a distance of 408.98 feet to a 5/8 inch iron rod with cap stamped
"WORTECH SURVEYORS"found in a curve at the Northwest corner of that certain City of Beaumont
called 0.264 acre tract of land, more fully described as Parcel "B" recorded in Clerk's File No.
2009044503 of said Official Public Records;
THENCE in a Southwesterly direction along and with the West line of said 0.264 acre tract and curve to
the right, having a delta angle of 9 deg. 42 min. 23 sec., a radius of 385.00 feet,a long chord that bears
South 14 deg. 16 min. 19 sec. West, a distance of 65.14 feet and an are length of 65.22 feet to 5/8 inch
iron rod with cap stamped "WORTECH SURVEYORS" set for corner at the end of said curve and the
beginning of a reverse curve;
THENCE in a Southwesterly direction continuing along and with the West line of said 0.264 acre tract
and reverse curve to the left, having a delta angle of 12 deg. 29 min. 08 sec.,a radius of 455.00 feet,a
long chord that bears South 12 deg. 52 min. 56 sec. West, a distance of 98.96 feet and an arc length of
99.15 feet to a 5/8 inch iron rod with cap stamped-"WORTECH SURVEYORS" set at the Southwest
corner of said 0.264 acre tract and being in the South line of said 1.210 acre tract,same being a North line
of said 11.4488 acre tract;
THENCE South 69 deg. 07 min. 36 sec. West along and with the South line of said 1.210 acre tract,
same being a North line of said 11.4488 acre tract, a distance of 316.72 feet to a 1/2 inch iron rod found at
the Southwest corner of said 1.210 acre tract, same being.and Ell corner of said 11.4488 acre tract;
THENCE North 20 deg.46 min. 39 sec. West along and with the West line of said 1.210 acre tract,same
being the most Westerly East line of said 11.4488 acre tract, a distance of 135.54 feet to the PLACE OF
BEGINNING,containing 1.125 acres of land,more or less.
(This description is based upon a survey made on the ground under my direct supervision on December
17, 2008 and May 23, 2011 and is being submitted along with a survey plat Exhibit "B" showing the
property and facts found as described herein. .411 bearings are based upon the Texas Coordinate System
of 1983 (COBS), South Central Zone (4204), 'U.S. Survey foot'. All distances and acreages are Surface
with a combined adjustment factor of 1.00007 applied.)
OF
Wstered Professional Land Sunkyor J.L SIMS.• JR.
4599 ?' 1480 Cornerstone Court
4 4-�RESS1r�;�Q Beaumont,Texas 77706
.yeti S U RV Tel:409.866.9769 Fax: 409.866.7075
www.wortech.com.
EXHIBIT "A"
EXHIBIT B N
W� PARCEL H
OWNER:TARM Properties,L.L.C.
lip*" PROPOSED TAKING: 1.125 ACRES
REMAINDER:0.00 ACRES
3
0' W. 60' 120'
SCALE:1"=60'
.. FND.SW I.ROD•d pp
VICINITY MAP vdoRTecN SURVEYORS
N.T.S.
PGv
so yti
P .0%
'rat
Oa O
FND 112"
I.ROD
TIDELAND SPECIALTY.LTD: TIDELAND SPECIALTY,LTD.
11.4488 Acre Trod 11.4488 Acre Tract
Clerk's File No.2002046131 CloVs Flo No.2002046131
O.P.RJ.C. O.P.RJ.C.
FND 12' =VE TABLE
L ROD CURVE I RADIUS LAACLENGTHI CHORD LENGTH I CHORD BEARING I DELTA ANGLE
Cl 385.00 65.22' 65.14' S 14°16'19"W 1 09°42'23"
C2 455.00 99.15' 9896 S 12"5756"W I 12°29'08"
Miscellaneous Notes Flood Zone Information
1. All bearings are based on the Texas State Plane Coordinate Syatarn of 1983 According to Mop No.4854570020 C,of the Federal Emergency
(CORS),South Central zone(4204),(U.S.survey Foot).All distances and Management Agency's Flood Insurance Rate Maps for Jefferson
acreage are surface wllh a combined ad)usbrant factor of 1.00007 applied. County,data August 6.2002,the subject tract is sku.led wlilrn:
(Unshaded)zone x-Areas determined to be outside 500 -year
2. 5/8'Iron Rods wl caps stomped"WORTECH SURVEYORS'set at 88 0oodplaln.Location of the subject tract on said maps were
comers marked a union otherwise noted. determhud by scale with actual%W elevations not determined.
WORTECH Land Surveyors,Inc.does not warrant nor subscribe to
3. This survey is a boundary survey only,and was prepared without the benefd the accuracy or scale of said maps.
of a cuvent Commitment for Tile Insurance,Construction Plans,or
Abstractors Certificate and therefore easements,PIP611 9S,udltiss.of
encumbrances may exist which are not shown hereon.No subsurface Abbreviations
probing,excavation or exploration was performed for this survey nor was any
research of the Public Records of Jefferson County regarding these
easements,utliles,pipelines or encum performed brances perfoed by WORTECH FND Found O.P.RJ.C. Official P Records
Land Surveyors,Inc..The location of all pipelines.utMties and easements(if F.C. Film Code Jefferson County
any)shown hereon are based upon actual field location as evidenced from I.ROD Iron Rod R.O.W. Right-of-way
visible pipeline markers,physical features,arxYor written descriptions of the No. Number N.T.S. Not to Scale
physical locations as recorded in documents Ned in the County Clerk
Records which were provided to the surveyor by others.
4. Nothing In this survey Is Intended to express an opinion regarding ownership
or title of arty property.
JOB NO: 2011-053 SURVEYORS CERTIFICATION
FIELD BOOK. 081/029-6841022-7111008
OF The undersigned does hereby certify that this survey plat accurately
OR.BY: MAG w
(15.19-11 fir'X47• A�+y represents an on the ground survey made under my disci supervision
DATE
DATE 1"=80' on December 17,2008,and May 23,2011,and Is being submitted
rrl along with the Surveyors Field Note description(Exhibit A)of the
J.L, SIMS,1R. property shown hereon,which Pas in Jefferson County,Texas.
WRTECH f9e 4599 aq��
q .,sf S g1r,y0
LAND SURVEYORS, INC.
1480 Cornerstune Court rr�
Beaumont,Texas 77706
Tel: 409.866.9769 THIS DOCUMENT NOT VALID v ,ti� -
Fax:409.566.7075 WITHOUT OMGmRALSEALAND R.(SISTEREDPROFESSION ND SURVEYOR
www.'"°rte`h.`om EXHIBIT "B"
RICO WITS OPPORTUNIT!
BEAUMON*
T * Z * X * A * $
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 30,2012 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 8-14/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider an ordinance approving a zone change from RS (Residential Single
Family Dwelling)District to RM-H (Residential Multiple Family Dwelling-
Highest Density) District at 1703 Franklin
2. Consider an ordinance approving a zone change from PUD (Planned Unit
Development) District to GC-MD (General Commercial-Multiple Family
Dwelling)District at 3350, 3450, 3550 Dowlen Road(Tuscany Park) and the
vacant 5+acres behind Tuscany Park
3. Consider an ordinance approving a specific use permit to allow a school in an RS
(Residential Single Family Dwelling)District at 6750 Highway 105
4. Consider an ordinance approving a specific use permit to allow a pet crematory in
a GC-MD (General Commercial-Multiple Family Dwelling)District at 1295
Gladys
5. Consider an ordinance approving a specific use permit to allow a child day care in
an RS (Residential Single Family Dwelling) District at 1650 Reynolds
6. Consider an ordinance approving an amended specific use permit to allow a 6'tall
chain link fence instead of the required 8'tall wood screening fence along the
south side of the play yard of a child day care in an RS (Residential Single Family
Dwelling)District at 1450 W. Lucas Drive
7. Consider an ordinance approving an amendment to the Zoning Ordinance,
Section 28.03.023(e)that would permit tax preparation services in the RCR
(Residential Conservation and Revitalization)District with a specific use permit
8. Consider an ordinance approving the abandonment of two drainage easements at
8085 Eastex Freeway
9. Consider approving amendments to the Burglar and Robbery Alarms Ordinance
10. Consider a resolution authorizing the City Manager to receive funding through the
Department of Homeland Security Supplemental 2012 Port Security Grant
Program
11. Consider a resolution authorizing the City Manager to execute an Interlocal
Agreement with Jefferson County Drainage District No. 6 for the Hike& Bike
Trail Phase II-Dowlen Road to Major Drive
12. Consider amending Section 20.03.004 of the Code of Ordinances related to the
locations and limits of school speed zones
13. Consider a resolution approving the purchase of six reconditioned solar powered
mixers for use at the Wastewater Treatment Plant
WORK SESSIONS
* Review and discuss bus route options to serve the Social Security Office located
on Dishman Road at Major Drive
* Review and discuss an application from HEB for Neighborhood Empowerment
Zone economic development incentives
14. Consider a resolution authorizing the City Manager to enter into an agreement
with HEB Grocery for economic development incentives under the Neighborhood
Empowerment Zone Abatement Program
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
1
October 30,2012
Consider an ordinance approving a zone change from RS (Residential Single Family Dwelling)
District to RM-H(Residential Multiple Family Dwelling-Highest Density) District at 1703
Franklin
RICH WITH OPPORTUNITY
IIEAUMON*
T • E • x . A . s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
Gf��
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider an ordinance approving a zone change
from RS (Residential Single Family Dwelling) District to
RM-H (Residential_Multiple Family Dwelling-Highest
Density) District at 1703 Franklin.
BACKGROUND
Louis Salazar has applied for a zone change.
Mr. Salazar states that the reason for the rezoning is to enable him to build an apartment complex
on the subject property. The property is currently occupied by a large older house and accessory
building.
The 1999 Avenues/College Street Area Plan designates the subject property and properties to the
north, east and west for low density residential uses. In 2000,the Planning Division conducted a
zoning study with the intent of implementing that portion of the plan which recommends rezoning
parts of the neighborhood in an effort to revitalize the entire neighborhood while protecting and
stabilizing the existing single family residential neighborhoods. The preservation of the existing
single family neighborhoods was one of the major objectives of the plan.
At a Joint Public Hearing held October 15, 2012, the Planning Commission recommended denial
7:0 of the zone change.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Denial of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE
CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN
PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,
AS INDICATED UPON THE ZONING MAP OF BEAUMONT,
TEXAS, BY CHANGING THE ZONING OF PROPERTY
PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY
DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE
FAMILY DWELLING-HIGHEST DENSITY) DISTRICT AT 1703
FRANKLIN STREET, BEAUMONT, JEFFERSON COUNTY,
TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
Section 1.
That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 28.01.005(b)thereof, is hereby amended by changing the
zoning of property presently zoned RS (Residential Single Family Dwelling) District to RM-
H (Residential Multiple Family Dwelling-Highest Density) District at 1703 Franklin Street ,
being Lots 1-3, Block 4, Blanchette 2 Addition, City of Beaumont, Jefferson County,Texas,
containing 0.43 acres, more or less, as shown on Exhibit"A," and the official zoning map
of the City of Beaumont is hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
Ffie2146- : Request for a zone change from RS (Residential Single Family Dwelling) N
District to RM-H(Residential Multiple Family Dwelling-Highest Density)District or more
restrictive district.
Location: 1703 Franklin
Applicant: Maria Salazar 0 100 20Feet
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October 30,2012
Consider an ordinance approving a zone change from PUD (Planned Unit Development)District
to GC-MD (General Commercial-Multiple Family Dwelling) District at 3350, 3450, 3550
Dowlen Road(Tuscany Park) and the vacant 5+acres behind Tuscany Park
RICH WITH OPPORTUNITY
[IEA,UMO
T • E � A . S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider an ordinance approving a zone change
from PUD (Planned Unit Development) District to GC-MD
(General Commercial-Multiple Family Dwelling) District
at 3350, 3450, 3550 Dowlen Road(Tuscany Park) and the
vacant 5+acres behind Tuscany Park.
BACKGROUND
Calvary Baptist Church has applied for a zone change.
In October, 1999, City Council approved a zone change to RM-H (Residential Multiple Family
Dwelling-Highest Density) District and a specific use permit to allow a professional and business
office park. In March, 2001, City Council approved a zone change to PUD (Planned Unit
Development) District. At that time, the applicant asked for the PUD zoning"to allow some
flexibility to compliment the office setting". PUD zoning requires specific use permits for any
use other than single family residential.
Calvary Baptist Church has entered into a contract to purchase the property from Wells Fargo
Bank,N.A. Gary Rothenberger, Executive Pastor of Calvary Baptist Church, states that the
church's purchase of Tuscany Park will create a greater opportunity for the residents of Southeast
Texas to visit its campus. Pastor Rothenberger says that a larger campus will provide additional
space where children, youth, college-age persons and adults can come and participate in church
activities. The original church campus is located immediately north of Tuscany Park. Several
years ago, Calvary also purchased the campus of Wesley United Methodist Church located at the
southeast corner of Dowlen and Folsom.
Tuscany Park is currently occupied by restaurants, clothing retail,jewelry retail,medical and
office space. Pastor Rothenberger states that effective at the close of purchase of Tuscany Park,
certain entities currently occupying space will continue to operate under a lease agreement with
Calvary Baptist Church. The current uses will continue until each lease agreement expires. Any
space currently unoccupied will be utilized by Calvary Baptist for"church use".
At a Joint Public Hearing held October 15, 2012, the Planning Commission recommended
approval 7:0 of the zone change.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE
CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN
PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,
AS INDICATED UPON THE ZONING MAP OF BEAUMONT,
TEXAS, BY CHANGING THE ZONING OF PROPERTY
PRESENTLY ZONED PUD (PLANNED UNIT DEVELOPMENT)
DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE
FAMILY DWELLING) DISTRICT AT 3350, 3450, 3550 DOWLEN
ROAD (TUSCANY PARK) AND THE VACANT 5t ACRES
BEHIND TUSCANY PARK, BEAUMONT,JEFFERSON COUNTY,
TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
Section 1.
That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 28.01.005(b)thereof, is hereby amended by changing the
zoning of property presently zoned PUD (Planned Unit Development) District to GC-MD
(General Commercial-Multiple Family Dwelling)District at 3350, 3450, 3550 Dowlen Road
(Tuscany Park) and the vacant 5t acres behind Tuscany Park, being Lots 1-3 and Tract
A, Tuscany Park Addition and H. Williams Survey, Abstract 56, Tract 548, Plat D 26, City
of Beaumont, Jefferson County,Texas, containing 12.83 acres, more or less, as shown on
Exhibit "A," and the official zoning map of the City of Beaumont is hereby amended to
reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
File 2145- : Request for a zone change from PUD (Planned Unit Development) District to N
GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive
district.
Location: 3350,3450, 3550 Dowlen Road (Tuscany Park) and vacant 5±acres behind
Tuscany Park
pplicant: Calvary Baptist Church of Beaumont o 100 200
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October 30,2012
Consider an ordinance approving a specific use permit to allow a school in an RS (Residential
Single Family Dwelling) District at 6750 Highway 105
RICH WITH OPPORTUNITY
BEAIIMON*
T • E t• x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider an ordinance approving a specific use
permit to allow a school in an RS (Residential Single
Family Dwelling)District at 6750 Highway 105.
BACKGROUND
Ed Jones,trustee of Friendship Baptist Church,has applied for a specific use permit.
The church would like to operate a faith based school open to the public. Friendship Christian
Academy includes grades Pre-K4 through 12th grade. Mr. Jones says that 47 students are
currently enrolled full time and 10 home schooled children are enrolled. The school is open
Monday through Friday, 8:30 a.m. to 3:00 p.m. The home school is open on Monday's from
5:30 p.m. to 7:00 p.m.
At a Joint Public Hearing held October 15, 2012,the Planning Commission recommended
approval 7:0 of the specific use permit subject to the following condition:
1. The school shall apply for and receive approval of a certificate of occupancy.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance subject to the following condition:
1. The school shall apply for and receive approval of a certificate of occupancy.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A SCHOOL IN A RS (RESIDENTIAL
SINGLE FAMILY DWELLING) DISTRICT AT 6750 HIGHWAY
105 IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS.
WHEREAS, Friendship Baptist Church has applied for a specific use permit to allow
a school in a RS (Residential Single Family Dwelling) District at 6750 Highway 105, being
Plat RS-4, Tract 5B out of Tract 5, W.B. Dyches Survey,Abstract A-17, City of Beaumont,
Jefferson County, Texas, containing 4.998 acres, more or less, as shown on Exhibit "A,"
attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a school in a RS(Residential Single Family Dwelling)District at 6750 Highway 105, subject
to the following condition:
• The school shall apply for and receive approval of a certificate of occupancy.
and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a school in a RS (Residential Single Family
Dwelling) District at 6750 Highway 105, being Plat RS-4, Tract 5B out of Tract 5, W.B.
Dyches Survey, Abstract A-17, City of Beaumont, Jefferson County, Texas, containing
4.998 acres, more or less, as shown on Exhibit"A," attached hereto, is hereby granted to
Friendship Baptist Church, its legal representatives,successors and assigns,as shown on
Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the
following conditions:
• The school shall apply for and receive approval of a certificate of occupancy.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B,"
attached hereto and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
e 2 44 Request for a specific use permit to allow a school in an RS (Residential Single N
Family Dwelling)District.
Location: 6750 Hwy. 105
Applicant: Friendship Baptist Church
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1. The school shall apply for and receive approval of a certificate of occupancy.
4
October 30,2012
Consider an ordinance approving a specific use permit to allow a pet crematory in a GC-MD
(General Commercial-Multiple Family Dwelling) District at 1295 Gladys
d
RICH WITH OPPORTUNITY BEAUMON*• E , X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
Gyp
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider an ordinance approving a specific use
permit to allow a pet crematory in a GC-MD (General
Commercial-Multiple Family Dwelling) District at 1295
Gladys.
BACKGROUND
Donald Taft has applied for a specific use permit.
Mr. Taft states that the pet crematory will occur in a vacant commercial building that once was used
as a flower shop. A small chapel will be provided for those who wish to mourn the passing of their
pet. All of the cremation activities will occur inside the building.
The service will provide the pick-up of the deceased pet and return the pet in an urn or scatter the
ashes in a reflection area on the property. Cremation can be done on an individual basis or in a
communal(group)basis. Typical operating hours will be 8 a.m.to 5 p.m.,Monday through
Saturday. However,the service will be on call 24 hours a day, 365 days a year.
At a Joint Public Hearing held October 15, 2012,the Planning Commission recommended
approval 7:0 of the specific use permit subject to the following conditions:
1. A RPZ will be required within 12" of the water meter on private property.
2. The applicant will modify the west side of the parking lot to allow room for vehicles
parked at the end of the parking lot to reverse and re-orient so that the front of the
vehicle exits first into the street.
FUNDING SOURCE
Not applicable.
i
RECOMMENDATION
Approval of ordinance subject to the following conditions:
1. A RPZ will be required within 12" of the water meter on private property.
2. The applicant will modify the west side of the parking lot to allow room for vehicles
parked at the end of the parking lot to reverse and re-orient so that the front of the
vehicle exits first into the street.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A PET CREMATORY IN A GC-MD
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)
DISTRICT AT 1295 GLADYS AVENUE IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Donald Taft has applied for a specific use permit to allow a pet
crematory in a GC-MD (General Commercial-Multiple Family Dwelling) District at 1295
Gladys Avenue, being Lot 1, Block 26, Jirou Addition and the North Y2 of Lot 6, Block 14,
Chaison Addition, City of Beaumont, Jefferson County, Texas, containing 0.24 acres,
more or less, as shown on Exhibit "A," attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a pet crematory in a GC-MD (General Commercial-Multiple Family Dwelling) District at
1295 Gladys Avenue, subject to the following conditions:
• A RPZ will be required within 12" of a water meter on private property.
• The applicant will modify the west side of the parking lot to allow room for
vehicles parked at the end of the parking lot to reverse and re-orient so that
the front of the vehicle exits first into the street.
and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a pet crematory in a GC-MD (General
Commercial-Multiple Family Dwelling) District at 1295 Gladys Avenue, being Lot 1, Block
26, Jirou Addition and the North 'h of Lot 6, Block 14, Chaison Addition, City of Beaumont,
Jefferson County, Texas, containing 0.24 acres, more or less, as shown on Exhibit "A,"
attached hereto, is hereby granted to Donald Taft, his legal representatives, successors
and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all
purposes, subject to the following conditions:
• A RPZ will be required within 12" of a water meter on private property.
• The applicant will modify the west side of the parking lot to allow room for
vehicles parked at the end of the parking lot to reverse and re-orient so that
the front of the vehicle exits first into the street.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B,"
attached hereto and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
' e - : Request for a specific use permit to allow a pet crematory in a GC-MD N
General Commercial-Multiple Family Dwelling)District.
Location: 1295 Gladys
Applicant: Donald Taft
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October 30,2012
Consider an ordinance approving a specific use permit to allow a child day care in an RS
(Residential Single Family Dwelling) District at 1650 Reynolds
c
RICH WITH OPPORTUNITY
BEAUMON*
T • E ,. x • A S City Council Agenda Item
TO: City Council - -
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider an ordinance approving a specific use
permit to allow a child day care in an RS (Residential
Single Family Dwelling)District at 1650 Reynolds.
BACKGROUND
Donna Moffitt has applied for a specific use permit.
Ms. Moffitt states that for the past twenty-two years she has operated a registered child day care at
1695 Reynolds. That property is across the street from the subject property. After Ms. Moffitt's
father died, she and her husband purchased her childhood home and moved to 1650 Reynolds.
Ms. Moffitt says that the child day care would operate Monday through Friday from 6:00 a.m.to
6:00 p.m. She currently cares for six preschool children ages newborn to 5 years old. Being a
registered child day care she would be able to care for up to twelve children.
At a Joint Public Hearing held October 15,2012, the Planning Commission recommended
approval 7:0 of the specific use permit.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A CHILD DAY CARE IN A RS
(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT
1650 REYNOLDS ROAD IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Donna Moffitt has applied for a specific use permit to allow a child day
care in a RS (Residential Single Family Dwelling) District at 1650 Reynolds Road, being
the South 150' of Lot 9, Block 4, Wescalder Fig Acres, City of Beaumont, Jefferson
County, Texas, containing 1.95 acres, more or less, as shown on Exhibit "A," attached
hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a child day care in a RS (Residential Single Family Dwelling) District at 1650 Reynolds
Road; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a child day care in a RS (Residential Single
Family Dwelling) District at 1650 Reynolds Road, being the South 150' of Lot 9, Block 4,
Wescalder Fig Acres, City of Beaumont, Jefferson County, Texas, containing 1.95 acres,
more or less, as shown on Exhibit"A,"attached hereto, is hereby granted to Donna Moffitt,
her legal representatives, successors and assigns, as shown on Exhibit "B," attached
hereto and made a part hereof for all purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B,"
attached hereto and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -
File 2149- : Request for a specific use permit to allow a child day care in a RS (Residential N
Ingle Family Dwelling) District.
Location: 1650 Reynolds
pplicant: Donna Moffitt
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EXHIBIT "B"
6
October 30,2012
Consider an ordinance approving an amended specific use permit to allow a 6'tall chain link
fence instead of the required 8'tall wood screening fence along the south side of the play yard of
a child day care in an RS (Residential Single Family Dwelling) District at 1450 W. Lucas Drive
RICH WITH OPPORTUNITY
BEAUMON*
T - E ,. X - A s Ci Council A enda Item
tY g
TO: City Council
FROM: Kyle Hayes, City Manager
C
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: October 30, 2012
REQUESTED ACTION: Council consider an ordinance approving an amended
specific use permit to allow a 6'tall chain link fence instead
of the required 8'tall wood screening fence along the south
side of the play yard of a child day care in an RS
(Residential Single Family Dwelling) District at 1450 W.
Lucas Drive.
BACKGROUND
On August 28, 2012, City Council approved a specific use permit to allow a child day care at
1450 W. Lucas subject to the following conditions:
1. The number of children kept for compensation shall not exceed five children
under the age of sixteen at any one time.
2. If the specific use permit is approved, Ms. Brown must apply for a certificate of
occupancy. Prior to the issuance of the certificate of occupancy, Ms. Brown must
comply with all of the required codes of the City of Beaumont.
3. An 8'tall wood screening fence shall be installed along the east and south sides of
the play yard(where the chain link fence now exists).
On September 4, 2012, Shukia Brown received her certificate of occupancy. Staff gave Ms. Brown
three weeks to come into compliance with the fencing requirement. She installed the fence along
the east side of the play yard but not on the south side as required. Ms. Brown presented staff with
a letter from Bobbie Boudreaux,the property owner to the south, stating that the child day care did
not bother her and requested that the fence along the south side of the play yard not be installed.
At a Joint Public Hearing held October 15, 2012, the Planning Commission recommended
approval 7:0 of the amended specific use permit to allow a 6'tall chain link fence instead of the
required 8'tall wood screening fence along the south side of the play yard of a child day care.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance to allow a 6'tall chain link fence instead of the required 8'tall wood
screening fence along the south side of the play yard of a child day care.
ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING AN AMENDED
SPECIFIC USE PERMIT TO ALLOW A 6' TALL CHAIN LINK
FENCE INSTEAD OF THE REQUIRED 8' TALL WOOD
SCREENING FENCE ALONG THE SOUTH SIDE OF THE
PLAY YARD OF A CHILD DAY CARE IN A RS(RESIDENTIAL
SINGLE FAMILY DWELLING) DISTRICT AT 1450 W. LUCAS
DRIVE IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
WHEREAS, on August 28, 2012, City Council approved Ordinance No. 12-058
issuing a specific use permit to Shukia Brown to allow a child day care in a RS(Residential
Single Family Dwelling) District at 1450 W. Lucas Drive, City of Beaumont, Jefferson
County, Texas, subject to the following conditions:
• The number of children kept for compensation shall not exceed five children
under the age of sixteen at any one time.
• If the specific use permit is approved, Ms. Brown must apply for a certificate of
occupancy. Prior to the issuance of the certificate of occupancy, Ms. Brown
must comply with all of the required codes of the City of Beaumont.
• A 8'tall wood screening fence shall be installed along the east and south sides
of the play yard (where the chain link fence now exists); and,
with the modification to the landscaping/screening requirements along the north, east and
south property lines (8'tall wood screening fence along the north, east and south sides of
the play yard and no 10' wide landscape strip along the north and south sides of the
property); and,
WHEREAS, Shukia Brown wishes to amend the specific use permit to allow a 6'tall
chain link fence instead of the required 8' tall wood screening fence along the south side
of the play yard of a child day care in a RS (Residential Single Family Dwelling) District at
1450 W. Lucas Drive, being the N Y2 of Lot 10 and all of Lot 11, Block 9, Calder Highlands
Addition, City of Beaumont, Jefferson County, Texas, containing 0.38 acres, more or less,
as shown on Exhibit 'A" attached hereto and made a part hereof for all purposes; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request to amend the specific use permit to allow a 6'tall chain link fence
instead of the required 8' tall wood screening fence along the south side of the play yard
of a child day care in a RS (Residential Single Family Dwelling) District at 1450 W. Lucas
Drive as reflected in the site plan as shown on Exhibit"B,"attached hereto and made a part
hereof for all purposes; and,
WHEREAS, the City Council is of the opinion that the amendment of such specific
use permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED BY 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,
Section 1.
That Ordinance No. 12-058 be amended by amending the specific use permit
granted to Shukia Brown, her legal representatives, successors, and assigns for that
certain tract shown on Exhibit'A,"attached hereto and made a part hereof for all purposes,
to allow a 6'tall chain link fence instead of the required 8'tall wood screening fence along
the south side of the play yard of a child day care in a RS (Residential Single Family
Dwelling) District at 1450 W. Lucas Drive as reflected in the site plan attached hereto as
Exhibit "B."
Section 2.
Notwithstanding the site plan attached hereto as Exhibit"B,"the use of the property
herein above described shall be in all other respects, subject to all of the applicable
conditions and regulations contained in Ordinance No. 12-058 and the regulations
contained in Chapter 28 of the Code of Ordinances of the City of Beaumont, Texas, as
amended, as well as comply with any and all federal, state and local statutes, regulations
or ordinances which may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
October, 2012.
- Mayor Becky Ames -