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HomeMy WebLinkAboutORD 13-025 ORDINANCE NO.13-025 ENTITLED AN ORDINANCE VACATING AND ABANDONING APPROXIMATELY 0.3611 ACRES OF STAGG DRIVE LOCATED APPROXIMATELY 250' FROM 11T" STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, HEB Grocery Company, LP, by and through it's representative, John Rose, Sr., has applied for the abandonment of approximately 0.3611 acres of Stagg Drive located approximately 250' from 11 to 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 street is in the best interest of the City and should be granted, subject to the following conditions: • The 6"water main will need to be replaced with HDPE SDR-11 pipe, and the 12" sanitary sewer line will need to be replaced with HDPE SDR-17 pipe. • A utility easement will need to be retained or an acceptable alternate easement provided. The easement must contain the following: • No structure or appurtenances shall be placed within the easement property. • Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are needed. • HEB shall be responsible for the cost of relocating Time Warner Cable's fiber and coax plant on power poles located in the right-of-way, if required. 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 approximately 0.3611 acres of Stagg Drive located approximately 250'from 11th Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, 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, subject to the following conditions: • The 6"water main will need to be replaced with HDPE SDR-11 pipe, and the 12" sanitary sewer line will need to be replaced with HDPE SDR-17 pipe. • A utility easement will need to be retained or an acceptable alternate easement provided. The easement must contain the following: • No structure or appurtenances shall be placed within the easement property. • Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are needed. • HEB shall be responsible for the cost of relocating Time Warner Cable's fiber and coax plant on power poles located in the right-of-way, if required. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30thday of April, 2013. A&x wZ&Mayor&-V4'-- e mes - l� LEGAL DESCRIPTION FOR ORDINANCE PURPOSES (0.1611 Acre Parcel) Note: Bearings are based on a west line of Lot 1 of College Street Complex,a plat recorded in Clerks File no. 2013001919 of the Official Public Records of Jefferson County Texas, having been called North 00°26' 02"East 148.31 feet. BEGINNING at a PK nail found in concrete in the north right-of-way line of Stagg Drive and a west line of said Lot 1 for the southeast corner of a called 0.477 acre tract conveyed to Care R. Fracht and wife, Patrice L. Fracht as recorded in Film Code 103-21-2215 of the Real Property Records of Jefferson County, Texas and the northeast corner of the said 0.1611 acre tract from which a '/2" iron rod found for an exterior corner of said Lot 1 and the northeast corner of the said 0.477 acre tract bears North 00° 26' 02" West 148.50 feet (called North 001 26' 02" West 148.31 feet); THENCE South 00° 26' 02"East along the said west line of Lot 1 and the east line of said 0.1611 acre tract a distance of 49.78 feet (called South 00° 26' 02" East 49.78 feet) to a capped iron rod found in the south right-of-way line of Stagg Drive for an interior confer of said Lot 1 and the southeast corner of the said 0.1611 acre tract; THENCE West along the north line of the said Lot l,the south right-of-way line of Stagg Drive and the south line of the said 0.1611 acre tract for a distance of 107.17 feet (called West 107.17 feet) to a capped iron rod found for an angle point; THENCE South 83° 58' 32" West continuing along the said north line of Lot 1, the said south right-of-way line of Stagg Drive and the said south line of the 0.1611 acre tract a distance of 33.09 feet (called South 83° 58' 21" West to a %z" capped iron rod st for the southwest corner of the said 0.1611 acre tract; THENCE North 000 22' 14" West along the west line of the said 0.1611 acre tract a distance of 53.05 feet to an "X" in concrete found in the north right-of-way line of Stagg Drive for eh southeast corner of a tract conveyed to Siemsen Properties, L.P., as recorded in Clerks File No., 9818695 of the Official Public Records of Jefferson County, Texas,the southwest corner of the said 0.477 acre tract and the northwest corner of the said 0.1611 acre tract from which the PK nail found at the intersection of said north righto-of-way line of Stagg Drive and the east right-of-way line of 111" Street for the southwest corner of the said Siemsen tract bears South 89° 55'08" West 149.95 feet(called West 150.00 feet); THENCE North 89° 54' 58"East along the south line of the said 0.477 acre tract,the north right-of-way line of Stagg Drive and the north line of the said 0.1611acre tract a distance 140.04 feet (called East 140.00 feet) to the POINT OF BEGINNING and containing 0.1611 acre of land,more or Iess. This Field Note Description is based on a survey performed by Fittz and Shipman, Inc. during February,2013 EXHIBIT"A" (0.2002 Acre Parcel) Note: Bearings are based on a west line of Lot I of College Street Complex,a plat recorded in Clerks File no. 2013001919 of the Official Public Records of Jefferson County Texas, having been called North 001 26' 02" East 148.31 feet. BEGINNING at a PK nail found in at the intersection of the east right-of-way line of 11'b Street and the north right-of-way line of Stagg Drive for the southwest corner of a tract conveyed to Siemsen Properties, L.P. as recorded in Clerks File No. 9818695 of the Official Public Records of Jefferson County, Texas and the northwest corner of the said 0.2002 acre tract; THENCE North 89°55' 08"East along the said north right-of-way line of Stagg Drive and the south line of the said Siemsen tract a distance of 149.95 feet(called East 150.00 feet)to a"X" found in concrete for the southwest 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, the southeast corner of the said Siemsen tract and the northeast corner of the said 0.2002 acre tract from which a PK nail found for the southeast corner of the said 0.477 acre tract bears north 89° 54' 58" East 140.04 feet(called East 140.00 feet); THENCE South 00°22' 14"East along the east line of the said 0.2002 acre tract a distance of 53.05 feet to a %" capped iron rod set in a north line of said Lot 1, College Street Complex and the south right-of-way line of Stagg Drive for the southeast corner of the said 0.2002 acre tract; THENCE South 83° 58' 21" West along the said north line of Lot 1, the said south right-of-way line of Stagg Drive and the south line of the said 0.2002 acre tract a distance of 62.23 feet(called South 83°58'21"West)to a capped iron rod found for an angle point; THENCE North 89° 59' 39" West continuing along the said north line of Lot 1, the said south right-of-way line of Stagg Drive and the south line of the said 0.2002 acre tract a distance of 88.10 feet (Called North 89° 59' 39" West 88.10 feet) to a capped iron rod found at the intersection of the said east right-of-way line of 11`x' Street and the said south right-of-way line of Stagg Drive for the southwest corner of the said 0.2002 acre tract; THENCE North 001 18' 03" West along the west line of the said 0.2002 acre tract a distance of 59.37 feet to the POINT OF BEGINNING and containing 0.2002 acre of land, more or less. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc, during February 2013. ro11N0 1/2' RON Roo o� NOW OR FORMERLY NOW OR FORMERLY geo SIEMSEN PROPERTIES, L.P. CAREY R. FRACHr AND O:.FRKS FE.E N0.9618595,O.P.RR.P.J.C. WIFE, PATRICIA L FRACHT i$ FAN CODE 103-21-2215.RPR.J.C, o H h 0.51 ACRE (CAUED 0.477 ACRE) � 6 vPOINT OF REG"ING •-� Fo"*r FOWD PK LOT 1 •-+ N CoNOTE1E , HAL PK N� 9t AL (CAVED VEST 170.00) (CA(.LhT)EAST 140.00) COMPEIM S 69'5508" W 149.95 N 885456' E 140.04 COLLEGE STREET COMPLEX CLERKS FILE NO,2013001919.O.P.R.J.C. (M ED 10.1828 ACRES) 0.20 ACRE 0.1611 ACRE TO STAGG DRIVE STAGG DRNE' BE ABANDONED (FURMMT KNOWN AS FOISME STREET) (F0101FRLY KNOW As (s0'PUSUC:P-0m) rORSYR$STREET) (80'PVWC KOX) FOWD FOUt10 ET CAPPED CAPPED M CAPPED R IRON FOOD �( IRON ROD = LOT 1 W COLLEGE STREET COMPLEX _ CLEWS Fg8$t0.2013001919,O.PSUM (CALLCD 10.1525 AIRES) 0 LKJ 0 2s APPROXIMATE ACREAGES ��° �� Sh I�B� P'lto78t.'r tu>�: CITY OF BEAUMOwr 1 STAGG DRIVE & lini STREET PRO.ECT No. t4rs COTmRstome COURT.OMMONT.TEXAS BEAUMONT, TEXAS 11050.0()04 (409)832-7238 FAX(40)872-730 DATE;3-14--13 o\�o.l�cls\1oDSOVousV.000sV�assnoa+�.a.a Ma•14.Iola 1a:aDOm *Approval of ordinance sulZiect to the following conditions: 1. The 6"water main will need to be replaced with HDPE SDR-1 l pipe,and the 12"sanitary sewer line will need to be replaced to with HDPE SDR-17 pipe. 2. A utility easement will need to be retained. The easement must contain the following information: • No structures or appurtenances shall be placed within the easement property;and • Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are needed. I HEB shall be responsible for the cost of relocating Time Warner Cable's fiber and coax plant on power poles located in the right-of-way,if required. RICH WITH INFORMATION r T • E • X • A • S IIIIINIIIIIIIIIIN�NIIII�IIII�IIINIII�IIIIIIIIII ORD 2013014473 7 PGS 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 13-025. This Ordinance was passed by Council on the 301' day of April, 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 2nd day of May, 2013. City Clerk t Qtij, 11, City of Beaumont, f� itt Jefferson County, Texas Tina Broussard, TRMC AV City Clerk • (409)880-3745 • Fax(409)880-3740 P.O.Box 3827 • Beaumont,Texas 77704-3827 ORDINANCE NO.13-025 ENTITLED AN ORDINANCE VACATING AND ABANDONING APPROXIMATELY 0.3611 ACRES OF STAGG DRIVE LOCATED APPROXIMATELY 250' FROM 11T" STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, HEB Grocery Company, LP, by and through it's representative, John Rose, Sr., has applied for the abandonment of approximately 0.3611 acres of Stagg Drive located approximately 250' from 11 m 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 street is in the best interest of the City and should be granted, subject to the following conditions: • The 6"water main will need to be replaced with HDPE SDR-11 pipe, and the 12" sanitary sewer line will need to be replaced with HDPE SDR-17 pipe. • A utility easement will need to be retained or an acceptable alternate easement provided. The easement must contain the following: • No structure or appurtenances shall be placed within the easement property. • Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are needed. • HEB shall be responsible for the cost of relocating Time Warner Cable's fiber and coax plant on power poles located in the right-of-way, if required. 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 approximately 0.3611 acres of Stagg Drive located approximately 250'from 11th Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, 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, subject to the following conditions: • The 6"water main will need to be replaced with HDPE SDR-11 pipe,and the 12" sanitary sewer line will need to be replaced with HDPE SDR-17 pipe. • A utility easement will need to be retained or an acceptable alternate easement provided. The easement must contain the following: • No structure or appurtenances shall be placed within the easement property. • Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are needed. • HEB shall be responsible for the cost of relocating Time Warner Cable's fiber and coax plant on power poles located in the right-of-way, if required. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30thday of April, 2013. 0 erIll r 14 415.cd!� Mayor Be Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES (0.1611 Acre Parcel) Note:Bearings are based on a west line of Lot 1 of College Street Complex,a plat recorded in Clerics File no. 2013001919 of the Official Public Records of Jefferson County Texas, having been called North 00°26' 02"East 148.31 feet. BEGINNING at a PK nail found in concrete in the north right-of-way line of Stagg Drive and a west line of said Lot 1 for the southeast corner of a called 0.477 acre tract conveyed to Care R. Fraebt and wife, Patrice L. Fracht as recorded in Film Code 103-21-2215 of the Real Property Records of Jefferson County, Texas and the northeast corner of the said 0.1611 acre tract from which a '%" iron rod found for an exterior corner of said Lot 1 and the northeast corner of the said 0.477 acre tract bears North 00°26' 02"West 148.50 feet (called North 00°26' 02" West 148.31 feet); THENCE South 001 26' 02"East along the said west line of Lot 1 and the east line of said 0.1611 acre tract a distance of 49.78 feet(called South 001 26' 02" East 49.78 feet) to a capped iron rod found in the south right-of-way line of Stagg Drive for an interior corner of said Lot 1 and the southeast corner of the said 0.1611 acre tract; THENCE West along the north line of the said Lot l,the south right-of-way line of Stagg Drive and the south line of the said 0.1611 acre tract for a distance of 107.17 feet(called West 107.17 feet)to a capped iron rod found for an angle point; THENCE South 83° 58' 32" West continuing along the said north line of Lot 1, the said south right-of-way line of Stagg Drive and the said south line of the 0.1611 acre tract a distance of 33.09 feet(called South 83° 58' 21" West to a %:" capped iron rod st for the southwest corner of the said 0.1611 acre tract; THENCE North 00° 22' 14" West along the west line of the said 0.1611 acre tract a distance of 53.05 feet to an"X"in concrete found in the north right-of-way line of Stagg Drive for eh southeast comer of a tract conveyed to Siemsen Properties, L.P.,as recorded in Clerks File No.,9818695 of the Official Public Records of Jefferson County,Texas,the southwest corner of the said 0.477 acre tract and the northwest corner of the said 0.1 611 acre tract from which the PK nail found at the intersection of said north righto-of-way line of Stagg Drive and the east right-of-way line of 11"'Street for the southwest corner of the said Siemsen tract bears South 89° 55'08"West 149.95 feet(called West 150.00 feet); THENCE North 890 54' 58"East along the south line of the said 0.477 acre tract,the north right-of-way line of Stagg Drive and the north line of the said 0.1611acre tract a distance 140.04 feet (called East 140.00 feet) to the POINT OF BEGINNING and containing 0.1611 acre of land,more or less. This Field Note Description is based on a survey performed by Fittz and Shipman, Inc. during February,2013 EXHIBIT"A" I (0.2002 Acre Parcel) Note:Bearings are based on a west line of Lot 1 of College Street Complex,a plat recorded in Clerks File no. 2013001919 of the Official Public Records of Jefferson County Texas, having been called North 000 26' 02"East 148.31 feet. BEGINNING at a PK nail found in at the intersection of the east right-of-way line of 11 1h Street and the north right-of-way line of Stagg Drive for the southwest comer of a tract conveyed to Siemsen Properties, L.P. as recorded in Clerks File No. 9818695 of the Official Public Records of Jefferson County, Texas and the northwest corner of the said 0.2002 acre tract; THENCE North 89°55' 08"East along the said north right-of-way line of Stagg Drive and the south line of the said Siemsen tract a distance of 149.95 feet(called East 150.00 feet)to a"X"found in concrete for the southwest 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, the southeast corner of the said Siemsen tract and the northeast comer of the said 0.2002 acre tract from which a PK nail found for the southeast corner of the said 0.477 acre tract bears north 89° 54' 58" East 140.04 feet(called East 140.00 feet); THENCE South 00°22' 14"East along the east line of the said 0.2002 acre tract a distance of 53.05 feet to a %" capped iron rod set in a north line of said Lot 1, College Street Complex and the south right-of-way line of Stagg Drive for the southeast comer of the said 0.2002 acre tract; THENCE South 831 58' 21" West along the said north line of Lot 1, the said south right-of-way line of Stagg Drive and the south line of the said 0.2002 acre tract a distance of 62.23 feet(called South 83°58'21"West)to a capped iron rod found for an angle point; THENCE North 891 59' 39" West continuing along the said north line of Lot 1, the said south right-of-way line of Stagg Drive and the south line of the said 0.2002 acre tract a distance of 88.10 feet (Called North 89° 59' 39" West 88.10 feet) to a capped iron rod found at the intersection of the said east right-of-way line of I Vh Street and the said south right-of-way line of Stagg Drive for the southwest comer of the said 0.2002 acre tract; THENCE North 000 18' 03" West along the west line of the said 0.2002 acre tract a distance of 59.37 feet to the POINT OF BEGINNING and containing 0.2002 acre of land, more or less. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc, during February 2013. I roua�i r ' NOW OR FORMERLY NOW OR FORMERLY ; stEUSEN PROPERnES. L.P. FER P R. FRAL F AND amsf r"N0.mum 0.P.rt ,Jet U C PA -21 L FRAgiT Fl.+t CODE t0i-2(-?!1i a1P14G 0.51 ACRE («�ace A PONT OF v H k LOT 1 sx (c.(1�oP.as u.ra3 R ass+a ao) COLLEGE STREET COMPLEX S a9b6't3a'11 149.96 N 09^d4' E t4004 aawo at an ss+asasu.ovA.ta (CA=10 on ACOM 0.20 ACRE 0.1611 ACRE TO STAGG DRIVE STAG DRI1116 BE ABANDONED ("VT s Wn (f AGG IOD rdIKT�E s91FE(1 (W MUC 140.([) 101E0 EK'� M =� s Im s x «4m LOT 1 COLLEGE STREET COMPLEX an"MX 0L==SIM OPAAC (cwm(mss MMM NJ APPROXIMATE ACREAGES ICAM txly of eElaMtor+T' i wM� STAW DIM A ttTH STREET pRai S KM ues cans m OMAM sENrlaa soar 8fJ►M0. TEXAS 11030.0004 aVnoxe�s�xwaoVww.aow\+oo9o+eawonian �+ti laa�¢vw,+ t 632-73= ax t40 as-taw DbTI."3-14 a *Approval of ordinance subject to the following conditions: 1. The 6"water main will need to be replaced with HDPE SDR-I 1 pipe,and the 12"sanitary sewer line will need to be replaced to with HDPE SDR-17 pipe. 2. A utility easement will Deed to be retained. The easement must contain the following information: • No structures or appurtenances shall be placed within the easement property;and • Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are needed, 3. HEIR shall be responsible for the cost of relocating Time Warner Cable's fiber and coax plant on power poles located in the right-of-way,if required. \J ` i _ t CITY OF BEAUMONT F rL3 CITY CLERK OFFICE OFFICIAL PUBLIC RECORDS P 0 BOX 3827 -te re�w BEAUMONT TX 77704-3827 � �pt�► 2013 May 06, 01:18 PM 2 013014473 CAROL: $36.00 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY, TEXAS