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Home My WebLink AboutRES 12-262 RESOLUTION NO. 12-262 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. y Adayor Becky Ames - RM&S i lber COnsuiring Engineers and Land Surveyors Ronald D.Fin;P.E.,R.P.IS.11948.1987) Donald R.King P.E. Terry Co.Shipman,P.E.,Chairman waiter).K.Jazek,R.P.L.S. BillyI Smith,Jr.,President FIELD NOTE DESCRIPTION OF A 0.6601 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-W4 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 corner 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 11u'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 0.0501 acre tract a distance of 257.24 feet to a point in the west line 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 PIS nail found in concrete for the southeast corner of a called 0.477 acre tract conveyed to Carey R.Fracht and wife,Patricia L.Fracht as recorded In Ft4tz&Shtpmairk,Inc. Page 1 of 2 Project No.10050T81.I61ityesmt Plat&Description 1405 Cornerstone Court•Beaumont,Texas 77706•(409)832-7238•fax(409)832-7303 Tx Hoard of Prof Engineers Firm No,1160•Tx Board of Prof Land Surveyors Firm No.100186 EXHIBIT "A" i 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 corner 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 comer 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 tine 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'/2"capped iron rod set for the northeast corner of the said 0.3530 acre tract and an interior corner 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 Fittz&Shipman,Inc.during September 2012. OF Qf�6 �9 aRi< Waiter J.Ksiazek �4 Registered Professions and Survey No.5321 "•^-•�»••--M. • ¢ A'esstc, tR�tLT@R J.PfSt+�Ek' p�SURVFV Fittz&Shipman,Inc. Page 2 of 2 Project No.10050TBUtilityesmt Plat&Description NOW OR FORMERLY CAREY R. FRACH7 DEED OF TRUST BETWEEN DEED OF TRUST BETWEEN AND WIFE, � BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND AND HOSPITAL OF � i PATRICIA L. FRAC.HT THE BANK OF NEW YORK, SOUTHEAST TEXAS AND FRLJ CODE 103-21-2215,R.P.R.J.C. g WILLIAM J. BARBER, TRUSTEE THE BANK OF NEW YORK, ; (CALLED 0.477 ACRE) CLERKS FILE NO.2001029306,APR.J.C. CLERKS I J. BARBER, TRUSTEE , (PART OF A CALLED 10.2334 ACRES) CLERKS FEE NA 2001029308,34 ACRES) z (REMAINDER OF A CALLED 1A2334 ACRES) OQ I 1 ' WIDE GENERAL L FOUND PK v TIUTY EASEMENT /�- SET 1/2' NAIL IN .G601 ACRE CAPPED IRON�SET I CONCRETE !. f__uo' —^ S 89'69'31' E 265.70--_.�.._---------- iRO7 R00- Ss9 ------�1 L3 STAGG DRIVE �� ———.._....._.�——�--—--——N as�s�31°w z`s7.24_...—^——— POINT OF us \ ' (FORMERLY KNOWN AS FORMHE STREET) °N O BEGINNING �„ N(CALLED 0148' W -W) (60'PUBLIC R.D.P.) O C• ABANDONMENT OF STREET OMs (CALLED N 39'$8'00'Vl) 8"tqp ORDINANCE N0.12-064 b b m a O At CLfl6(S FU NO.2012029748,O.P.R.J.C. te�1 pj z STAGG DRIVE ABAN30NMENT OF STREET ,°„g (CALLED O'3334 ACRE) aT 0- (FORMERLY KNOWN AS FORSYTHE STREET) - OMNANCE NO.12-063 Z SET 1/2' Z (80'PUBLIC R.D.W.) m CLERKS FILE 110,2012028747,OAR.J.C. CAPPED (CALLED 0.0356 ACRE) IRON ROD m H N 89594V W 546.61 COMMENCBJG = (CALLED N BQMS'3Y'PQ CAPPPEED P � X �+ IRON Roo LLJ CAPPED DEED OF TRUST BETWEEN 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 NA 2001029306,O.PJLJG �-i CLERKS FXE NO.2001029306.O.P.R.J.C, (REMAINDER OF A CALLED 16.8617 ACRES) (PART OF A CALLED 16.9617 ACRES) SURVEYOR'S CERTIFICATION: NUMBER DIRECTION DISTANCE I DO HEREBY CERPFY,TO THE BEST OF MY KNOIVLEDGE AM BELIEF, Lt N 007A 7202' W 10.00 THAT THIS 15 AN ACCURATE PLAT OF A SURVEY t OESaUPl10N MADE „ l2 5-V3 E 8.89 O�D `IIIEEEJJJIII,\\\vVVV'lll ON THE OROUNO UNDER MY SUPERVISION DURING SEPTEMBER 2012. ��)� TL`L L3 N 8969'46" W 13.96 @�6 R1 L4 S 00'2 31" W 6.01 A L PIALTMJ.KSIAM NOTE: REFERENCE BEARING IS THE SOUTH LINE OF TFIE SAID 18.9617 ACRE WALTER J.XStAZEK REGISTERED PROFESSIONAL LAND VEYOR uo.S3 ••e;��«,$321 .« TRACT HALING BEEN CALLED SOUTH 89'58'00'WEST 350.35 FEET. x'•° T �ittz�Shipman 10, WIpE GENERAL UTILITY EASEMENT ��1NA i SufIv � s UiC PRMCP NAIL: HEB GROCERY COMPANY, LP STAGG DRIVE PROJECT ND. 1403 CORNERSTONE COURT,BEAUMONT,TEXAS BEAUMONT, TEXAS 12067 Q:\PROJECTS\10050VOOSO.0001\•.Oak 8-Ecamnent.\IOO50T8—h.dvg S.9 19,2012 03:02pm (409)632-7238 FAX(409)832-7303 DM 9-17-12 TASK 8 1 ,