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Home My WebLink AboutORD 13-067ORDINANCE NO. 13-067 ENTITLED AN ORDINANCE VACATING AND ABANDONING A 5' x 112.63' SANITARY SEWER UTILITY EASEMENT THAT ROUGHLY BISECTS LOT 5 AND PART OF LOT 6, BLOCK 11 OF THE FOURTH STREET ACRES ADDITION, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Sally Broussard, on behalf of Spindletop Center, has applied for an abandonment of a 5' x 112.63' sanitary sewer utility easement that roughly bisects Lot 5 and part of Lot 6, Block 11 of the Fourth Street Acres Addition, City of Beaumont, Jefferson County, Texas, being a sanitary sewer easement bisecting Lot 5 and part of Lot 6, Block 11, Fourth Street Acres Addition, City of Beaumont, Jefferson County, Texas, as shown on Exhibit "A," attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the sanitary sewer utility easement is no longer necessary for municipal street purposes and the abandonment of said sanitary sewer utility 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 5' x 112.63' sanitary, sewer utility easement that roughly bisects Lot 5 and part of Lot 6, Block 11 of the Fourth Street Acres Addition, City of Beaumont, Jefferson County, Texas, being a sanitary sewer utility easement bisecting Lot 5 and part of Lot 6, Block 11, Fourth Street Acres Addition, City of Beaumont, Jefferson County, Texas, as shown on Exhibit "A," 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 29th day of October, 2013. �CSC fly C - yor Wecky Ames - 4144 r 9-OB: Request fol• t1le abandonment of.1 5� x 112,631 easeTlent(S 4r Risecling Lot SaIld AlvIie"Int: Sam, Part of Lot 6, Block I], Fourth Street Acres Addition Broussard', on behalf OfSpindletop Center 100 200 --fFeet gend e n qd R-S ROBERTS ST R-S CO ------------ R-S RM-H RM-H F P A CESPL ----------- EXHIBIT—A- ��~4��=� �� / �N��NM�� —�W&�� 0�� m�w � m �� Consuftin-Aln-incers ond Land Jmr4no mmnu/ o.u,z'pc' n,3p/.`.n`wu'1yun o^vaNn.Q^&. r.c. 52.�C.mip/vo/`.RE,c/`n/n^u. aAe,/.xuazek'nJ pJ-s. o.xv spill ., 1:,111L��Juem EXOJQlT A, yA(�8 1 OF 3 FIELD NOTE DESCRIPTION 0FA 0,0129 &CD0TRACT F0RTDE ABANDONIMENTOF A 5' WO0E SEWER EASEMENT OUT GFT8E &A\/lD BROWN 8D8t9DY, ABSTRACT-5 JEFFE@,SON COUNTY, TEXAS AUG0ST 29, 2QI3 That cei-tain 0.0"1 29 acre tract for the abandonment of a 5' wide sewer easement out of the David Brown Sumey, Abstract 5, Jefferson County` TeXas, being across a called 1.876 acre tract described in a Deed of Trust between Spindletop Housing Corporation and Department ofHousing and Urban Development an recorded in Clerks File No. 2013024175 of the Official Public Records of Jefferson County, Texas, said 5' wide sewer easement granted to the City of Beaumont as recorded in Volume 810, Page 467 of the Deed Records nfJefferson County, Texas, said 1.876 acres being more particulariy described by metes and bounds ayfn!|nms� Note: Bearings are based on the east line of the said 1,876 acre tract being South 329.99 feet, COMMENCING at a napped iron rod found at 'the intersection of the west line ofa45' vvj'dedrain@ge easement and the south right-of-way line of Roberts Street for tile northeast corner of the said 1,876 acre tract: THENCE South along the said west line of 45'vvide drainage easement and tile east line of the said 1,876 acre tract distance of 147.79 feet (called South)to a point for the norfiheast corner uf the oa�dO.O129 acre tract and the POINT OFBEGNJN/N�� . THENCE South continuing along the said west line of a 45' wide drainage easernent and the said east line of the 1.876 and 0.0,129 acre tracts a distance of5.DOfeet (called South 5.00 feet) to apoinl for tile southeast corner of the said O.0120 acre tract from which o capped iron rod found for the southeast corner ofthe said 1 876 acre tract bears South 177 20 feet (called South); F7ttz &Shipman, Inc. Page 1of2 PncjeutNn. 12038AbanEomt P/ot & Description 1405 [onneoi nc �oon - Roa,nmot, TexaS 77706 - (409) 032'7230 - 6x (409)832'7383 _IX 20,1f-d of.[),,f Llginccrs Firm No. 1160- Tx Boz�rc�of Prof land Sutwyors!'icrn No. 100186 EX8]BTTA, PAGE 2QF3 THENCE North 8Q,S423^ West -along the south line of the said O,O120acre tract distance of 112.63 feet (called West 1,12,50 feet) to a capped iron rod found for an interior corner of 'he said 1.B78 acre tract, the southeast corner ofa tract conveyed toRena Robinson Reed as recorded in Clerks File No. 9819596 of the Official Public Records of Jefferson County, Texas and the southwest corner of the said 0,0129 acre tract: THENCE North 00"00'49^ East along on interior line of the said 1.876 acre tract, the east line of the said Reed tract and the west line of the said 0.0129 acre tract a clistance of 5.00 feet (called North 00"00'49" East 5.00 feet) to a point for the northwest corner ofthe said 0.0128 acre�root from which a >6^ iron nod found in the south right-of-way line of Roberts Street for the northeast corner of the said Reed tract and an exterior corner ofthe said 1.876 acre tract bears North 00'00^49" East 147 O3feet (uaUodNnhhOO°0O'4S^ East); THENCE South 89'54'23" East along the north line of the said 0,0129 acre tract a distance of112O3 feet(called East 11250 feet) kz the POINT(JF BEGINNING and containing O.012D acre of land, more orless. This description is based on asurvey made by Fittz & Shipman. Inc. during Apri\ 2OI3� Walter J. Ksiazek ReQ��nedProfes�onsd Land S�/�~^ rNo5x��] � ' ' _ ^ ' ' — ' ` ' ` ^^` Fittz &Shipman' Inc' Page 2of2 Project No. 1203CAbanEsmt Plat& Description EMW A. PAGE 3 OF 3 ROBERTS STREET COMMENCINO POR PHIE (AS11"ALT POV6 POINT :f OR ROO (CAUED K 89-59-25' W 112,60) 5 89'58'Cl" L' '/5,17 N 89'59'25" IN 112,60 IRON HOT) s 89-4�r 44" IN JiT2�S S hj'4,*44"jW 172-5,S) KLIA ROBINSON IREED C,��,Kfs FILE NO, 9!31K�9(, 0-I'JZ J,C, 0 In I LU n r- 8 0 p POINT OF CD z BEGINNING ABANDONMENT 5' WIDE :.NT� z SEWER EASEME L. 0.0129 ACRE c PlIF2 APPCI IRON ROo 00 Ro iRoN Rrjl:" L I lj�� '6 N 4N3 V4�'4�'4 6 E 112�55) L4 :R 1125-3 -————— R 6 E , - . -- � - �L-(, - CNI -t C]lY OF 3f,"UMONT L3 Ll � ��L:WLR CA'-fm.,N- i I 6 VOL. 810, FG 4�14 D'K. c cf ry or oEAumoN, SEWER EASCMrNl E- VOL 810, pol 4.37, G,R�J,C. 0 ABANDONMENT 5� NOE SEWER EASEMENT to 00 0.0129 ACRE CQ c I< t 1-Cl I C',I G p ��OUR'!H S11REET ACRES ADD ITI ON VOL PC- 139, m,R.jc, i Ln 1.876 ACRES J 1/2" r LIND FC: NO FOU GAPw c; i/ PL CID IRON (ROD ALIPED 224� ? IR ROD 89*57'17" W (CALLED S W 299�74) IRJN R')[1 NOW OIR FORIji-RLY W.HMR OF SOUTHEAST TEXAS t4UMBEWblRECffdN _LISTANCE IILV, CODE 101-89-230e, R-P�R,JC -cl-- SoUT—H 5.00 (AF,rRQX%4ATE O.-3��ACRE) CALLED SOUTH L:2—N 89-54*23" W Tl'�,��3 00 HUILay C:�RTIF , TO'fHE W-ST UF My K�OWLEDOr- AND BLUM CALLED YU31 _11 2 50 1 y ---- -ff--5LO "'Al ils Is All ACCLM4TE FLAT OF A 5LIRV�:Y&, DE',;CRPII0N MADE L3 DO-00 44" KLY -FZ ��t, i oo—ou-49 E N T DL P-RV'SION rtWING APRK 20!6� CALLED 23- E 1112,63 j 7— FIE�,j SILRM PPOFE�-110'41,t LA/�-SLRVLYQR ND. IJ21 0 25 50 A L E Ct,\5.l,y\Tj,lj< l,\12030AIP,wF—t d.9 A�q 2S, 2013 03.oGrIll Fittz&Shipman A13ANDONMENT OF A 5' WIDE SEWER EASINENT INC. PROJECT 'NAME: MI-IMIR OF SOUj'IjEAST TJ-X-�S 3 Commlf-g Eyq�qn-a.-d L4nd S�tyors cl/b/a SPIND1,7,TOP CENTER I�cfl CORNET-1510", COURI, ffi"Umc"41, TEXAS BEAUMONT, '1*1,'XAS NO VAX 09) e,�2-130 DATE:a-29-1 12030 ItICH WITH INF011AM TI0N 11 ILIM ► [I I I C1 1114( T- E- X- A S IIVIVIIYI�IIIuVVOYI�^u �o GS �IIB�Si 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 13-067 and Ordinance 13-068. This Ordinance was passed by Council on the 29th day of October, 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 301h day of October, 2013. City Clerk City of Beaumont, Jefferson County, Texas - ::: -, -L A, , 6��wAAI Tina Broussard, TRMC City Clerk • (409) 880-3745 • Fax (409) 880-3740 P.O. Box 3827 • Beaumont, Texas 77704-3827 ORDINANCE NO. 13-067 ENTITLED AN ORDINANCE VACATING AND ABANDONING A5'x 1 12.63'SANITARY SEWER UTILITY EASEMENT THAT ROUGHLY BISECTS LOT 5 AND PART OF LOT 6, BLOCK 11 OF THE FOURTH STREET ACRES ADDITION, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Sally Broussard, on behalf of Spindletop Center, has applied for an abandonment of a 5' x 112.63' sanitary sewer utility easement that roughly bisects Lot 5 and part of Lot 6, Block 11 of the Fourth Street Acres Addition, City of Beaumont, Jefferson County, Texas, being a sanitary sewer easement bisecting Lot 5 and part of Lot 6, Block 11, Fourth Street Acres Addition, City of Beaumont, Jefferson County, Texas, as shown on Exhibit 'A" attached hereto', and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the sanitary sewer utility easement is no longer necessary for municipal street purposes and the abandonment of said sanitary sewer utility easement is in the best interest of the City and should be granted: CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in W..114 0 =*- 0• THAT a 5'x 112.63'sanitary sewer utility easement that roughly bisects Lot 5 and part of Lot 6, Block 11 of the Fourth Street Acres Addition, City of Beaumont, Jefferson County, Texas, being a sanitary sewer utility easement bisecting Lot 5 and part of Lot 6, Block 11. Fourth Street Acres Addition, City of Beaumont, Jefferson County, Texas, as shown on Exhibit "A," 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 29th day of October, 2013. Vbyor"ecky AKhes - V R Mile 39-(� eEll�est1a Ilieabaadonntettt of a ,I12.63, y easemet,t (s?fait ry- '� t3cUti�t1' Biseclinb dot 5 and Partof �hplicartt: fall I Lot 6, Bloch 11; Fourth Street Acres Ad 'ti . i Broussard, on behalf of'spindletop Center dlcto� Feet Legend i L ' O/A 83908 ROBERTS Si EXHIBrr "A' c nr Fittz&Ship man i:rmaid D F.i l_ v C. phi"r�a�i, P.E, Chr�irrn.�i: Ek111131 T A, PAGE 1 01 3 FIELD NOTE DESCRIPTION OF A 0,0129 ACRE ,'TACK FORT 11E ABANDONMENTOF A 8' WIDE SE";�4�ER I:ASEML�NT OUT OF TilE DAVID BROWN SURVF,Y, ABSTRACT S JEFFERSON COUNTY, 'TEXAS AUGUST 29, 2013 Conscthin- En;ii;cers ur,tl L,utd Sunk} -ors r)nn,,Id R. I:Ing, I' E. V.1,1terJ. K3iax(2k, That certain 0.0129 acre tract for the abandonment of a 5' wide sewer easement out of the David Brown Survey, Abstract 5, Jefferson County, Texas, being across a called 1.876 acre tract described in a Deed of Trust between Spindletop Housing Corporation and Department of Housing and Urban Development as recorded in Clerks File No. 2013024175 of the Official Public Records of Jefferson County, Texas, said 5' wide sewer easement granted to the City of Beaumont as recorded in Volume 810, Page 467 of the Deed Records of Jefferson County, Texas, said 1,876 acres being more pailicu,arly described by metes and bounds as follows: Note: Beiarings are based on the east line of the said 1.876 acre tract being South 329.99 `eet. COMMENCING at a capped iron rod found at the intersect'on of the west line of a 40' ,vide drainage easement and the south right-of-way line of Roberts Street for the -,orlheast corner of the said 1,876 acre tract: THENCE South along the said west line of a 45' elide drainage easement and the east line of the said 1.876 acre tract a distance of 147.79 feet (called South) to a point for the sort^east corner of the said 0.0129 acre tract and the POINT OF BEGINNING; 1-HENCE South continuing along the said west line of a 45' wide drainage easement and said east line of the 1.876 and 0.0,129 acre tracts a distance of 5,00 feet (caled South 5.00 feet) to a point fcr the southeast corner of the said 0,0129 acre tract from which a upped irn rod found for the southeast corner of the said 1.876 acre tract bears South 177.20 feat (called South); Fittz & Shipman, Inc.. Page 1 0' Project N2 12030A1baiiEsn)t P!�t & Des::ription 1AW Corneislore ourl • Be;mrnont, Texas 77706 i409; t;32-72'32 (4.,Y)i 832-73, i,�,art# n! Pn_,f l,,gmeers Finn No. 1160 • Tx Boi:rt! r,f Prof Land Sur,��. ��ucs i trm No. 1 0U,M,6 I X141131T A, PAGE: 2 01* 3 THENCE North 89°54'23" West along the south line of the said 0.0129 acre tract a distance (,,f 112.63 feet (called West 112.50 feet) to a capped iron rod found for an interior corner or the said 1.876 acre tract, the southeast corner of a tract conveyed to Rena Robinson Reed as recorded in Clerks File No. 9819595 of the Official Public Records of Jefferson County. Texas and the southwest corner of the said 0 0129 acre tract, THENCE North OT00'49" East along an interior line of the said 1.876 acre tract, the east line of the said Reed tract and the west line of the said 0.0129 acre tract a distance of 5,00 feet ,called North 00°00'49" East 5.00 feet) to a point for the northwest corner of the said 0.0129 acre tract from which a'/" iron rod found in the south right-of-way line of Roberts Street for the northeast corner of the said Reed tract and an exterior corner of the said 1.8 D` acre tract bears North 00°00'49" East 147.63 feet (called North 00°00'49" East); THENCE South 89°54'23" East along the north line of the said 0.0129 acre tract a :distance of 112 63 feet (called East 112.50 feet) to the POINT OF BEGINNING and containin 0.0129 acre of land, more or less. i .pis description is based on a survey made by Fittz & Shipman, Inc. during Ap,,ii 2C13. falter J- Ksiazek ; Registered Professional Land S eyor No. 532 Fittz & Shipman, Inc. Page 2 of 2 Protect No 1203CAbanEsmt Plat & Description CO vj 89 . 5 8 —:Clv`J 7", EXHIBIT A, PAGE 3 OF 3 101A+b V15- R11HA ROBINSON Rc.Lr� C -'M FILE NO. J lc� V: rou,,u APPID C "MN Roll IRON Rot} ROBERTS STREET (CALLED N 89*!,l,'25 W 112.60) N 89 '59'25' W 112.60 POINT OF BEGINNING ABANDONMENT 5' WIDE SEWER EASEMENT 10129 ACRE COMMENCING POINT 1--rourlcl CAPPED I I , 0 i (CALLED N 8943'4C�' E 112.55) i 4 0) 12.53 N- L3 Ll 7 ABANDONMENT VOL'810 PC 467, Ll R JX n 2 5' YADE v, 21 SEWER EASEMENT 0.0129 ACRE C )URIH SI-REUjACRES i'n 11q')m .876ACRES CAPICO IRI>N rOD 0.12 <lPlH 75.02 1- ; 112. S 89*57'17" IN 299.74 k:�F (CALLED V vi 299.7) NOW OR F0I71,4j-RF-Y MI -MR OF SOUT(iCAST TL 11 1� 3 IILV, CODE I0, €19-2.30C. RPRII (APrRoxw4T, D "3 ACRE) Y10VYLCDU: All,) BELIEF, 15 )f A 5LIRVFY & MADE IND-11 Kly R,, Z V"At il-i; 7 ILp-L, [cr\Survey\IJ.Sx20 j0ft- f I, - t IJ -9 A-1 211. "13 COOND APPED P014 PCX) FUM-181EW DIRECTION OJSfANC`E, SOUTH CALLED SOU TH S,w L2 N 89-54-23' IN 112.53 Vt,57 112717-1 .SALLED L3 K DO-00 4 ,7-- 5.05 CA,LLD IN 00'DQ49 r 1 5 no L4 Is 89*S4'23 E 112,63 S C A L E Fittzn A13ANDONM cG6?Shlpma Ei\,,r OF A 5' WIDL- S`7WE2 rASFN; NT INC, PROXECT NAME: M)-IMR OF SOUTJII,AST T%KAS 3 .-I Und T.;:�t—yom -1/b/a SFINDL TOP CENTER BEAUMONT. TFXAS p0o.c::1 i.G IAX 10 DATE: a 2 9 - i FILED AND RECORDED OFFICIAL PUBLIC RECORDS Carolyn L. Guidry, County Clerk Jefferson County, Texas November 05, 2013 09:07:53 AM FEE: $52.00 2013036352 PART OF FOREGOING INSTRUMENT ILLEGIBLE AT TIME OF FILING