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HomeMy WebLinkAboutRES 12-261 RESOLUTION NO. 12-261 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. AV Pf 4 Mary A s - '#,Atl W F7 L-rl -ING. Consulting Enggineer.T and Land Suneynn Ronairl D.Fine,P.[-..,R.P.-S.(1948-1987) Drxrald P-Kin&P.E. Terry U Shilmnan,P.E.,Chairman walter J.Ksiazek,".L.S. Billy J.Smith,Jr.,Pws int 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 5T 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 89058'00" 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 11°i Street and the south right-of-way line of Stagg Drive for the northwest corner 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 SEGINNING-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.TERMINA 77ON 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 is bawd on a survey made by Fittz&Shipman tember 2012. VW,terolat-bk � C' Land,—Y Registered Professiorral Land Surveyor No.5321 VALTR.-R-1— K -Tz—......... Fittz&Shipman,Inc. %%.p 6321 Page I Of I op OC. Project No.10050TtSanSeweresmt Plat&Description 1405 Cornerstone Court•Beaumont,Texas 77706-(409)832-7238-fax(409)832-7303 Tx Board of Prof Engineers Firm No.1100•Tx Board of Prof Land Surveyors Firm No.100186 ........... ........ EXHIBIT "A" NOW OR FORMERLY CA.REY R. FRACHT <� DEED OF TRUST BETWEEN DEED OF TRUST BETWEEN BAPTIST AND WIFE, ;� BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND ST TEXAS AN PATR!CIA L FRACHT o; THE BANK Of NEW YORK, THBANKOF NEW YORKD Fan+CODE I03-21-2215.R.P.R.J.C. �4 WILLIAM J. BARBER, TRUSTEE WILLIAM J. BARBER, TRUSTEE (CALLED 0.477 ACRE) ICV 000 CLERKS FILE ND.2001029308,0.P.R.J.C. CLERKS FILE N0.2001029306,O,P.R.J.C. z to p (REMAINDER OF A CALLED 10.2334 ACRES) (REMAINDER OF A CALLED 10.2334 ACRES) �O �Z FOUND PK '91" CA ED i NAIL IN CENTERLINE 10' WIDE CAP SON RRCA CONCRETE EXCLUSIVE SANITARY IRON ROD SEWER EASEMENT POINT OF BEGINNING STAGG DRIVE EXCLUSIVE 10' WOE W EXCLUSIVE SANITARY w e N 89 59'48" W 27.98 (FORMERLY(KNOWN' B tic Raw E STREET) D � "' N 89'59'31' W 256.89 SEWER EASEMENT pi�m (CALLED N 89.56'00"W) 0t0 ---------- ---_.— ---------------_ -- D71�I0m _ of N Z'n STAGG DRIVE ----------------- ------------ ABANDONMENT OF STREET 0 p "'——`— 0 p W (FORMERLY KNOWN AS FORSYTHE STREET) - ORDINANCE NO.12-063 y POINT OF TERMINATION ABANDOWENT OF STREET p z (60'PUBLIC R.O.W. CLERKS FILE NC. 2012029757,O.P.R.AC. CENTERLINE 10' WIDE OF�INANCE N0.72-064 }! (CALLED 0.0356 A CLERKS FILE NO. 201 2 0 297 4 8,O.P.R.J.C. O7 EXCLUSIVE SANITARY (CALLED 0.3530 ACRE) `� m SEWER EASEMENT N 59'58'49' W 546.61 COMMENCING FOUND SET 1/2' (CALLED N 89'59'39'W) POINT X uj CAPPED CAPPED �+ IRON ROD IRON ROD FOUND CAPPED IRON ROD ul DEED OF TRUST BETWEEN BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND �n SHE BANK A NEW YORK, 0�20 40 SURVEYOR'S CERTIFICATION: WILLIAM J. BARBER, TRUSTEE I DO HEREBY CE.RTIFY,To THE BEST Of NY KNOWLEDGE AND BEUFF, CLERICS FILE N0.2001029306.O.P.R.J.C. C THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE OF (REMAINDER OF A CALLED 16.9617 ACRES) ON THE GROUND UNDER MY SUPERVISION DURING SEPTEMBER 2012. 4b,`.f,BTE��ti-Q� J.*WAL7TRS+TAIL{(* ':!ALTER J.KSIAZEK """ NOTE REFERENCE BEARING IS THE SOUTH OF THE$AID 16.9617 ACRE REGISTERED PROFESSIONAL LAND SURVEYOR N0. 21 Y TRACT HAVING B££TJ CALLED SOIYTH 89 '00"WEST 350.35 FEET. �y0�Z®$10p@ g� qn 10' WADE EXCLUSIVE SANITARY SEWER EASEMENT SHEET No. SURV S P Fo# ' rnan, PROJECT NAME- HEB GROCERY COMPANY, LP � u STAGG DRIVE PROJECT NO. 1405 CORNERSTONE COURT,BEAUMONT,TEXAS BEAUMONT, TEXAS REVISED: 9-25-12 12067 0:\PROJECTS\100$0\10050.0007\Task 8-Easements\IOOSDT8Esmts.dwq Sep 25.2012 09:57am (409)572-7238 FAX(409)832-7303 DATE:9-18-12 TASK 8