HomeMy WebLinkAboutORD 13-002 ORDINANCE NO. 13-002
ENTITLED AN ORDINANCE VACATING AND ABANDONING
A 0.1974 ACRE PORTION OF A 10' WIDE UTILITY
EASEMENT LOCATED OFF OF DELAWARE STREET,
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Mark W. Whitely&Associates has applied for the abandonment of a
0.1974 acre portion of a 10' wide utility easement located off of Delaware Street, 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 a 0.1974 acre portion of a 10'wide utility easement located off of Delaware
Street, 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 8th day of
January, 2013. .,..x►"
- or Becky Ames -
\� r
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being a 0.1974 acre utility easement to be abandoned situated in the Hezekiah Williams
Survey,Abstract No. 56, Jefferson County,Texas and being out of and part of that certain
called 680.66 acre tract called"Second Tract"as conveyed by Treadaway Land Company et
al. to Yount-Lee Oil Company as recorded in Volume 374,Page 113, deed Records,Jefferson
County,Texas and also being out of and part of that certain remainder of a called 40.5391
acre tract of land as conveyed by Amoco Production Company to Dowdel Investments,Ltd.
as recorded in Clerk's File No. 1999047799, Official Public Records of Real Property,
Jefferson County,Texas and also being out of and part of that certain called 1.4889 acre
utility easement as described in a"Utility Easement"from Dowdel Investments, Ltd. to City
of Beaumont as recorded under County Clerk's File No. 2001019608,Official Public Records
of Real Property,Jefferson County,Texas,said 0.1974 acre utility easement to be abandoned
being more particularly described as follows:
NOTE.All bearing are based on the North line of that certain called 62.615 acre tract,
identified as Parcel#5, as recorded in Judgement Deed Number D-105,161 as recorded
in Volume 2214, Page 318, Deed Records, Jefferson County, Texas.
Commencing at a 5/8" iron rod found for the Northeast corner of that certain called 1.1364
acre tract of land as described in a"General Warranty Deed with Lien in favor of Third Party
from Bryan Lee to Dowlen Road Times Square, LTD. as recorded under County Clerk's File
No. 2002047207,Official Public Records of Real Property,Jefferson County,Texas,said
corner also being the Southeast comer of Barrington Heights,Phase I,a subdivision of the
City of Beaumont,Jefferson County,Texas,according to the map or plat thereof,recorded in
Volume 15,Page 348,Map Records,Jefferson County,Texas and also being in the West
right-of-way line of Dowlen Road(based on a width of 100 feet);
Thence SOUTH 88 036'07"WEST,along and with the South line of the said Barrington
Heights,Phase I and the North line of the said 1.1364 acre Dowlen Road Times Square,LTD.
tract and the North line of Lot 1,Block 1 of HEB Grocery Addition, an addition of the City of
Beaumont,Jefferson County,Texas,according to the map or plat thereof,recorded under
Clerk's File No. 2006015377,Official Public Records of Real Property,Jefferson County,
Texas,for a distance of 800.00 feet to a 5/8" iron rod found for the Northwest comer of the
said HEB Grocery Addition and also being the northeast comer of Barrington Heights,Phase
11, a subdivision of the City of Beaumont,Jefferson County,Texas, according to the map or
plat thereof,recorded in Volume 16,Page 99, Map Records,Jefferson County;
Thence SOUTH 01 123'48" EAST,along and with the East line of the said Barrington Heights,
Phase II and the West line of the said HEB Grocery Addition,for a distance of 1,483.13 feet
POINT OF BEGINNING of the tract herein described, said corner being the Northeast corner
of the said remainder of 40.5391 acre Dowdel Investments, LTD. tract and also being the
Southeast comer of that remainder of that certain called 2.727 acre tract or land as described
in a"Drainage Easement"from Amoco Production Company to Jefferson County Drainage
District No. 6 as recorded under Clerk's File No. 1999047796,Official Public Records of
EXHIBIT "A"
Real Property, Jefferson County,Texas;
Thence SOUTH 01°23'48" EAST, along and with the East line of the said remainder of
40.5391 acre Dowdel Investments,Ltd. tract and the West line of the said HEB Grocery
Addition,for a distance of 10.00 feet to a point for corner;
Thence SOUTH 88°51'41" WEST, over and across the said remainder of 40.5391 acre
Dowdel Investments,Ltd. tract,for a distance of 480.00 feet to a point for corner;
Thence SOUTH 01'23'48" EAST, over and across the said remainder of 40.5391 acre Dowdel
Investments,Ltd. tract, for a distance of 369.96 feet to a point for corner,said corner being in
the North right-of-way line of Delaware Street(based on a width of 100 feet);
Thence SOUTH 88°36'12"WEST,along and with the North right-of-way line of Delaware
Street and the South line of the said remainder of 40.5391 acre Dowdel Investments,Ltd.
tract,for a distance of 10.00 feet to a point for corner,said comer being the Southeast corner
of that certain called 0.403 acre tract of land,identified as"Tract B"as described in a"Partial
Release of Drainage Easement to Dowdel Investments,Limited"from Jefferson County
Drainage District No. 6 to Dowdel Investments,Ltd. as recorded under County Clerk's File
No. 2004013304,Official Public Records of Real Property, Jefferson County,Texas;
Thence NORTH 01°23'48"WEST,along and with the West line of the said remainder of
40.5391 acre Dowdel Investments,Ltd.tract and the East line of the said 0.403 acre Dowdel
Investments, Ltd.tract,for a distance of 380.00 feet to a point for corner,
Thence NORTH 88°51'41"EAST,along and with the North line of the said remainder of
40.5391 acre Dowdel Investments,Ltd.tract and the South line of the said 2.727 acre
Jefferson County Drainage District No. 6 tract,for a distance of 490.00 feet to the POINT OF
BEGINNING and containing 0.1974 acres,more or less.
GALLED 8403 ACRES —� I
TRACT R
pONDEL VNESTA1 VS,Ltd.
C.F.No.2004013304 --- '
op" -
SCALA' 1"=300'
I'L7 E }
UNE BEARING DISTANCE
0.1974 AS ANT , US„'�""s _.____--
L1 71Y 800.00 � � u VOL r6,1'C 400 Av[ T R . 99
L2 48"E 1483.13' TO BE ABAATDopm .4- ! $ ROCK
L3 48 10.00 "1
L4 4i"W 480.00 REAW110ER OF GALLED 40.539!ACRES PL/BL 5 48 E 369.95' D0*M 9Ak5TLENTS, Ltd.LB 12 1 . 0 F.No.� 47789 1 0 L7 4s 380.Oa —
—
41"e 49o.0(T' (w� I FNO s�a
REANWDfR of J — s I ILA avrmmm iti curs
& GALLED 1.�OF ACRE EA1171r AUL. sLS� .348
w . C.F.Na.2001019608
OPRiC
Pu
LOT 1,BLOCK 1 I.�.-.
WS�y4 20MIS377
W f
NOTES: W LNRJC I`(_ m
1.J ALL BEARINGS ARE BASED ON THE NORTH LINE
OF THAT CERTAIN CALIFO 62.815 ACRE TRACT
KIENTTrIED AS PARCEL(5,AS RECORDED IN JUDGEMENT CALLED 1.1364 ACRES I m
D®NUMBER D-105.161 AS RET ORDED IN VOL RNo D 00 S 72,92' LID_
2214, PG. 318, DEED RECORDS, JEFFERSON COUNTY Cl.C No.20020472,92' _ { — X
L11
2.) THIS PLAT HAS BEEN PREPARED FROM PREVIOUS
SURVEY DATA. THIS PLAT DOES Nor REFLECr CALLED 1.2190 ACRES GALLED 1.7932 ACRES.
A CURRENT SURVEY OF THE SUBJECT TRACT F. J12001Y CO.8 1920.. 2W 0 U0
GF.No.2001016944 Cf.Na. 22024759
A LEGAL DESCWWN WED ON MS PLAT 1S —� OFRJC 58
ATTACHED (SEE Ex198Lr 'Al
DOWLEN ROAD
(100'sow) EXHIBIT "B" FND 5 a
WER TO E7(1R8LT A' W�CA0
FDR nao NOTE DESCRIPTION
CITY r-AWONT
o F- r� � I
1 t SKETCH OF
12
_ ASeT+4T+L 0.1974 ACRE UTILITY EASEMENT
lmv vi G .,. � S Y TO BE ABANDONED
i�9 n.` S = Q• Lt IATES D IIEZEKWI YITILLIAMS SURVEY
• i�4s ABSTRACT NO. 56
JEFFERSON COUNTY, TEXAS
3h..III mul IN
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RICH WITH INFORMATION
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THE STATE OF TEXAS §
§ CERTIFICATE TO COPY OF PUBLIC RECORD
COUNTY OF JEFFERSON §
I hereby certify, in the performance of the functions of the City Clerk's office, that the
attached instrument is a full, true, and correct copy of Ordinance 13-002. This Ordinance was
passed by Council on the 8t'' day of January, 2013, appears of record in my office and that said
document is an official record from the public office of the City Clerk of the City of Beaumont,
Jefferson County, State of Texas, and is kept in said office.
I further certify that I, Tina Broussard, am the City Clerk, of the City of Beaumont, that I
have legal custody of said record, and that I am a lawful possessor and keeper and have legal
custody of the records in said office.
In witness whereof I have hereunto set my hand and affixed the official seal of said office
this 14 9n day of January, 2013.
.OPP � City Clerk
,%1 City of Beaumont,
%%I City County, Texas
�1 1 Tina Broussard, TRMC
City Clerk • (409) 880-3745 • Fax(409) 880-3740
P.O. Box 3827 • Beaumont,Texas 77704-3827
ORDINANCE NO. 13-002
ENTITLED AN ORDINANCE VACATING AND ABANDONING
A 0.1974 ACRE PORTION OF A 10' WIDE UTILITY
EASEMENT LOCATED OFF OF DELAWARE STREET,
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Mark W. Whitely&Associates has applied for the abandonment of a
0.1974 acre portion of a 10' wide utility easement located off of Delaware Street, 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 a 0.1974 acre portion of a 10'wide utility easement located off of Delaware
Street, 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 8th day of
January, 2013.
- M Becky Ames -
.r DZSCRUMN FUR ORDNANCE PUS
Being a 0.1974 we utility easement to be abandoned situated in the Hezekish Williams
Survey,Abstract No. 56,Jefferson County,Texas and being out of and part of that certain
called 680.66 acre tract called"Second Tract"as conveyed by Treadaway Land Company et
al. to Yount-Lee Oil Company as recorded in Volume 374,Page 113,deed Records,Jefferson
County,Texas and also being out of and part of that certain remainder of a called 40.5391
acre tract of land as conveyed by Amoco Production Company to Dowdel Investments,Ltd.
as recorded in Clerk's File No. 1999047799,Official Public Records of Real Properly,
Jefferson County,Texas and also being out of and part of that certain called 1.4889 acre
utility easement as described in a"Utility Easement"from Dowdel Investments,Ltd.to City
of Beaumont as recorded under County Clerk's File No. 2001019608,Official Public Records
of Real Property,Jefferson County,Texas,said 0.1974 acre utility easement to be abandoned
being more particularly described as follows:
NOTE All bearing are based on the North tine of that certain called 62.615 acre tract,
idend,f i:ed as Parcel#5, as recorded in Judgement Deed Number D-105,161 as recorded
in Volume 2214, Page 318, Deed Records,Jefferson County, Texas.
Commencing at a 518"iron rod found for the Northeast corner of that certain called 1.1364
acre tract of land as described in a"General Warrant'Deed with Lean in favor of Third Party"
from Bryan Lee to Dowlen Road Times Square,LTD. as recorded under County Clark's File
No.2002047207,Official Public Records of Real Property,Jefferson County,Texas,said
corner also being the Southeast comer of Barrington Heights,Phase I,a subdivision of the
City of Beaumont,Jefferson County,Texas,according to the map or plat thereof,recorded in
Volume 15,Page 348,Map Records,Jefferson County,Texas and also being in the West
right-of-way line of Dowlen Road(based on a width of 100 feet);
Thence SOUTH 88 03607"WEST,along and with the South line of the said Barrington
Heights,Phase I and the North line of the said 1.1364 acre Dowlen Road Times Square,LTD.
tract and the North line of Lot 1,Block 1 of HEB Grocery Addition,an addition of the City of
Beawnont,Jefferson County,Texas,according to the map or plat thereof,recorded under
Clerk's File No.2006015377,Official Public Records of Real Property,Jefferson County,
Texas,for a distance of 800.00 feet to a 5/8"iron rod found for the Northwest corner of the
said HEB Grocery Addition and also being the northeast comer of Barrington Heights,Phase
II,a subdivision of the City of Beaumont,Jefferson County,Texas,according to the map or
plat thereof;recorded in Volume 16,Page 99,Map Records,Jefferson County;
Thence SOUTH 01°23'48"EAST,along and with the East line of the said Barrington Heights,
Phase II and the West line of the said HEB Grocery Addition,for a distance of 1,483.13 feet
POINT OF BEGINNING of the tract herein described,said comer being the Northeast corner
of the said remainder of 40.5391 acre Dowdel Investnents,LTD.tract and also being the
Southeast comer of that remainder of that certain called 2.727 acre tract or land as described
in a"Drainage Easement"from Amoco Production Company to Jefferson County Drainage
District No. 6 as recorded under Clerk's File No. 1999047796,Official Public Records of
EXHIBIT"A"
Real Property,Jefferson County,Texas;
Thence SOUTH 01023'48"EAST,along and with the East line of the said remainder of
40.5391 acre Dowdel Investments,Ltd.tract and the West line of the said HEB Grocery
Addition,for a distance of 10.00 feet to a point for corner;
Thence SOUTH 88 051'41"WEST,over and across the said remainder of 40.5391 acre
Dowdel Investments,Ltd.tract,for a distance of 480.00 feet to a point for corner;
Thence SOUTH 010231489 EAST,over and across the said remainder of 40.5391 aces Dowdel
Investments,Ltd. tract,for a distance of 369.96 feet to a point for corner,said comer being in
the North right-of-way line of Delaware Street(based on a width of 100 feet);
Thence SOUTH 88°3612"WEST,along and with the North right-of-way line of Delaware
Street and the South line of the said remainder of 40.5391 acre Dowdel Investments,Ltd.
tract,for a distance of 10.00 feet to a point for corner,said comer being the Southeast corner
of that certain called 0.403 acre tract of land,identified as`Tract B"as described in a`Partial
Release of Drainage Easement to Dowdel Investments,Limited"from Jefferson County
Drainage District No. 6 to Dowdel Investments,Ltd.as recorded under County Clerk's File
No. 2004013304,Official Public Records of Real Property,Jefferson County,Texas;
Thence NORTH 01°23'48"WEST,along and with the West line of the said remainder of
40.5391 we Dowdel Investments,Ltd.trail and the East line of the said 0.403 acre Dowdel
Investments, Ltd.tract,for a distance of 380.00 fast to a point for comer,
Thence NORTH 98°5141"EAST,along and with the North line of the said remainder of
40.5391 acre Dowdel Investments,Ltd.tract and the South line of the said 2.727 acre
Jefferson County Drainage District No.6 tract,for a distance of 490.00 feet to the POINT OF
BEGINNING and containing 0.1974 acres,more or less.
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��• ....... F� SKETCH OF
Q-. o o.9•� 0.1974 ACRE UTILITY RASBYSNT
ciff 4F""am
Q _• x tx1! TO BE ABANDONED
111�� 1)1D I�ZEKIAH ■ILilAYS SURVBY
9 ar'-ap ��
ABSTRACT NO. 56
g'�•�<<i i�.1� JEFFERSON COUNTY, TEAS
SU�,� 7r. ie
c
Y
CITY OF BEAUMONT
ATTN TINA BROUSSARD
PO BOX 3827
BEAUMONT TX 77704
OFFICIAL PUBLIC RECORDS
2013 Jan 16, 04:25 PM 2013HI686
VILLASANA: $36.00
CAROLYN L. GUIDRY, COUNTY CLERK
JEFFERSON COUNTY, TEXAS
pA RT OF
INSTRUMENT I
INST R LE
AT TIME OF FILING