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HomeMy WebLinkAboutPACKET MAY 16 2017BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 16, 2017 1:30 P.M. CONSENT AGENDA Approval of minutes — May 9, 2017 Confirmation of committee appointments A) Approve the purchase of a new roof system from Setex Construction Corp. for the Water Utilities Building located at 1350 Langham Road B) Authorize the City Manager to update a memorandum of agreement with CHRISTUS Saint Elizabeth Hospitals of Southeast Texas which is providing shelter and support facilities for City of Beaumont personnel and equipment during emergency operations C) Authorize the City Manager to apply for and receive funding from the State of Texas for InterLibrary Loan activities for FY2017 D) Authorize the acceptance of a ten foot wide and a forty foot wide Drainage Easement located at 685 Pinchback Road E) Authorize the acceptance of a ten foot wide Exclusive Water Line Easement located at 4255 Dowlen Road D BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Manager MEETING DATE: May 16, 2017 REQUESTED ACTION: Council consider a resolution approving the purchase of a new roof system from Setex Construction Corp. for the Water Utilities Building located at 1350 Langham Road. BACKGROUND, Pricing was obtained from Setex Construction Corporation utilizing the Choice Partners Cooperative Contract #15/041JN-11-2015 procurement process. Choice Partners Cooperative provides municipalities with the means to purchase construction services at competitive prices contracted under the procurement statues of the State of Texas. The cost of the new roof system, including the proposed scope of work listed on the contractor's proposal, will be $64,575.23. The Water Utilities Building was originally constructed in 1976. The current roof system is over 20 years old and is experiencing roof leaks due to the age of the materials. The new two-ply modified bitumen roof system will provide a higher insulation value, windstorm rating, and provide a minimum of twenty years protection for the building. The new roof system will have a twenty (20) year manufacturer's No Dollar Limit Warranty. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. SETE CONSTRUCTION CORP. "Strength in Construction" Mailing Address: LA License # 54937 P.O. Sox 20678 Beaumont, Texas 77720-0678 April 25, 2017 Jimmy Bevilacqua 13 (409) 842-8,81 City of Beaumont H (409) 842-2274 1848 Pine St. setex.@setexconstruction.com Beaumont, TX 77703 W setexconstruction. com Project. "Water Department Roof" General Contracting Subject. "Proposal" Construction Management Dear Mr. Bevilacqua: We are pleased to submit our proposal utilizing our 15/041JN-11-2015 Choice Partners JOC Design -Build Texas Contract based on local CCI and our coefficient of .89. Job Order Contracting Proposal Recap: 1. Replace approximately 100 sq. ft areas of wood deck and replace with s/" Facilities Maintenance plywood 2. Install tapered insulation, Y2" dens deck to slope water to outer edges of roof to existing gutters Commercial 3. Remove existing attic fan, deck over opening'/4" plywood 4. Insulation will either be mechanically attached or fully adhered 5. Apply one base layer of Certainteed GTX App smooth modified torch applied Industrial over dens deck 6. Install metal flashing, color to match existing, prime with asphalt primer Govemment 7. Install one layer granulated cap sheet Certainteed GTX torch applied over entire smooth modified, which is a two -layer modified 8. Apply all base flashings around vents, pipes, etc. Healthcare '9. 20 Year NDL Warranty Exclusions: Infrastructure Unforeseen items beyond specified scope listed above, overtime, sales tax, permits, and liquidated damages. Abatement and demolition by others. Comorate Subtotal $ 63,000.23 Education Bond $ 1575.00 - Total Price This Proposal.............................................................................. $ 64,575.23 Performing Arts Thirty (30) working days to complete project upon material delivery. This pricing is based on recommended work hours of Monday thru Friday 7:00 am to 5:00 Historical pm. Once accepted this proposal turns into a lump sum contract. Please contact us at 409- 842-8181 at your convenience to go over this estimate. Respectfully submitted, SETEX Construction Corp. Michael Waidley Project Manager RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a two-ply modified bitumen membrane roof system for Water Utilities Service Center Administration Building located at 1350 Langham Road from SETEX Construction Corp., of Beaumont, Texas, in the amount of $64,575.23 through the Choice Partners Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of May, 2017. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary MEETING DATE: May 16, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to update a memorandum of agreement with CHRISTUS Saint Elizabeth Hospitals of Southeast Texas, which is providing shelter and support facilities for City of Beaumont personnel and equipment during emergency operations. BACKGROUND A formal agreement with CHRISTUS Saint Elizabeth Hospital was approved in 2006 to provide sheltering facilities for personnel and equipment for the City. This agreement was exercised during Hurricane Ike when this facility provided shelter and housing for City personnel and vehicles. An update was approved on August 24, 2010. This revision will update the agreement in line with needs of the City and the hospital. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to update and execute a memorandum of agreement with CHRISTUS Saint Elizabeth Hospitals of Southeast Texas, which is providing shelter and support facilities for City of Beaumont personnel and equipment during times of emergency operations. The memorandum of agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of May, 2017. - Mayor Becky Ames - 30524.2 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF BEAUMONT AND CHRISTUS ST. ELIZABETH HOSPITAL This Memorandum of Understanding ("MOU") entered into and effective this 1st day of September, 2016 ("Effective Date") by and between the City of Beaumont on behalf of the Beaumont Police Department ("BPD") and CHRISTUS Health Southeast Texas, a non-profit Texas corporation, d/b/a CHRISTUS St. Elizabeth Hospital ("Hospital"). Hereinafter individually may be referred to as a "Party" and collectively as the "Parties". This MOU describes each party's responsibilities and duties as it pertains to the sheltering and care of up to fifty (50) members of the BPD, including an emergency services unit and staff members of the Beaumont Public Health Department, in emergencies and disasters. The emergency or disaster may be an "external" or "internal" event for either party and assumes that each affected party's emergency management plans have been fully implemented. This document addresses the relationships between and among the parties and is intended to augment, not replace, each entity's disaster plan. This MOU provides the framework for the Hospital to provide emergency shelter and refuge services to the BPD during the disaster or emergency. This document does not replace but rather supplements the rules and procedures governing interaction with other organizations during a disaster (e.g., law enforcement agencies, the local emergency medical services, local public health department, fire departments, American Red Cross, etc.). By signing this Memorandum of Understanding each party is evidencing its intent to abide by the terms of the MOU in the event of a disaster as described above. The terms of this MOU are to be incorporated into both the BPD and Hospital's emergency management plans. NOW THEREFORE, for in consideration of the premises and mutual understandings contained herein, the parties to this MOU understand that: I. PURPOSE: This MOU outlines actions of the Hospital for sheltering applicable BPD personnel in case of disaster, particularly with regard to anticipated hurricane strikes to this region. This written memorandum supports emergency preparedness and facilitates available reimbursement for this support during the recovery phase; 2. STATE DISASTER: Both parties agree the duties and responsibilities contained within this MOU are intended for the circumstances involving a State -declared emergency or disaster; 3. AUTHORITY: Approval by Hospital administration, the Beaumont Police Department Chief of Police and the City of Beaumont City Manager. EXHIBIT "A" a. SCOPE: This Memorandum of MOU provides documentation for support between the BPD and the Hospital. Actions and MOUS herein apply only to the participating parties and are not intended to supersede existing regulations or MOUS. Further, it does not mandate nor require BPD to shelter at the Hospital, nor require Hospital to shelter the BPD during an emergency, but provides the terms for sheltering BPD personnel only, for up to seventy-two (72) hours. If any term of this MOU is inconsistent with applicable laws, regulations or statutes, then that term shall be invalid, but the remaining terms and conditions of this MOU shall remain in full force and effect. b. ASSUMPTIONS: (1) BPD will establish an on -scene command post, and shelter up to fifty {50) officers as manpower allotments require that will not in any way interfere, deter or prevent the Hospital from providing medical care services to its patients. (2) BPD will provide immediate armed emergency response or full tactical emergency response including equipment if needed within the hospital that will not in any way interfere, deter or prevent the Hospital from providing medical care services to its patients. (3) BPD personnel and equipment will be allowed unrestricted and unescorted entry to the hospital that will not in any way interfere, deter or prevent the Hospital from providing medical care services to its patients. (4) BPD vehicles will be allowed space available and at a minimum all driveways in the parking garage next to Harrison St near the intersection of I Vb St. (5) Notification by BPD personnel of intent to initiate shelter operations at the Hospital will be made as early as the need becomes evident, or when mandatory evacuation are announced for hurricane -related disasters. (6) Upon initiation of shelter operations, a BPD officer will respond to the Hospital to coordinate with Hospital staff and assist in maintaining adequate access to parking garage space as manpower allows. (7) Hospital will provide space for BPD responder's equipment and vehicles in the parking garage as available, but at a minimum, all driveways therein. Specific plans will be made to reserve the Harrison parking garage for police use only. (8) In the event BPD assistance is desired, contact may be made in person, or through the police dispatch emergency line, 832-1234, or non -emergency line, 880-3865 if communication lines are operational. (9) Hospital will provide one consolidated space within the new wing addition to the hospital for up to fifty (50) BPD personnel, on the second or higher floor that will not in any way interfere, deter or prevent the Hospital from providing medical care services to its patients. (10) Hospital will make provisions to minimize employee use and transit of provided shelter space. (11) Hospital, if able, will provide sufficient beds, one set of linen, and three meals per day as applicable to thecircumstances of the declared emergency or disaster, 30524.2 BPD retains command and control authority over all assigned BPD personnel emergency unit and staff members of the Beaumont Health Department, but not over any Hospital employees, associates, patients or patient family members or associates. 5. LOGISTIC SUPPORT: (1) PLANS: There will be no additional plans to accompany this MOU. (2) MAINTENANCE: Both parties will be responsible for maintenance of their respective equipment or facilities. (3) SUPPLY: Both parties will be responsible for any supplies they may require. Beds, linen and food will only be provided by the Hospital if applicable supplies are available. (4) TRANSPORTATION: Both parties will be responsible for their own transportation. (5) MANPOWER: Both Parties will be required to supply its own manpower. 6. OPERATIONAL SUPPORT: No operational support is anticipated at this time. 7. MOU AND ADMINISTRATION: This MOU is effective immediately upon signature by all parties and will only be terminated after one party notifies the other party in writing 30 days in advance requesting termination. The MOU will be reviewed every three years from the effective date. 8. AMENDMENT AND ASSIGNMENT. This MOU shall not be modified or amended in any respect except by written MOU executed by the Hospital and the BPD in the same manner as this MOU is executed. This MOU shall not be assigned, directly or indirectly, by the BPD. Any attempted assignment by the BPD shall be void and of no force or effect. This MOU is freely assignable by the Hospital to any successor entity or any entity related by ownership or control. 9. TRAINING: Both parties will develop applicable procedures to train and exercise their organizations and staff to ensure that the procedures and activities discussed herein will be tested, evaluated, and revised annually as needed. 10. PLANNING. Both parties will undertake a continuing program of cooperative planning and coordination to explore, identify, and resolve potential hindrances and obstacle to effectual cooperation in preparedness, response and recovery phases of the sheltering, refuge and potential care of BPD personnel during emergencies and disasters. 11. COMPLIANCE. Each party recognizes and acknowledges that each party will have access to certain confidential and proprietary information of both the Hospital and the BPD and that such information constitute valuable, special and unique property of each party. Therefore, each party represents and warrants that neither the BPD, Personnel nor the Hospital will, during or after the term of this MOU, without the prior written consent of the applicable party, disclose any such confidential or proprietary information to any other person, firm, corporation, association, or any other entity for any reason or purpose whatsoever, except as may be ordered by a court or governmental BPD or as may otherwise be required by law. Each party further agrees that should this MOU terminate, 30524.2 BPD and Personnel will neither remove nor retain any papers, records, files, computer programs or software, other documents or copies thereof, or other confidential or proprietary information of any kind belonging to the Hospital. BPD shall instruct all BPD Personnel that the Hospital requires adherence to the doctrinal and moral tradition of the Roman Catholic Church as expressed in the Ethical and Religious Directives for Catholic Care Services and the Hospital's ethical policies, which will be provided to BPD to be communicated with BPD Personnel. BPD and BPD Personnel will comply with all applicable federal, state and local laws, rules, regulations and guidelines, as may be amended from time to time. BPD and BPD Personnel shall comply with the rules and regulations of the Health Insurance Portability and Accountability Act ("HIPAA"), governing the privacy and security of health information. To the extent required by applicable law, BPD and BPD Personnel shall implement and maintain such privacy and security safeguards as necessary to ensure that Protected Health Information is adequately protected from unauthorized access. 12. ENTIRE MOU. This MOU constitutes the entire MOU between the parties with respect to the subject matter hereof and all prior MOUs, communications, representations, or inducements, whether oral or written, not specifically expressed herein, shall be of no effect and are merged into this MOU. 13. NOTICES. Any and all notices or demands permitted or required by or under this MOU shall be in writing and may be hand delivered, telecopied or delivered by United States Certified Mail, Return Receipt Requested. Any notice or demand delivered by hand or telecopied shall be deemed made and delivered on the date hand delivered or telecopied. Any notice or demand delivered by United States Certified Mail shall be deemed made and delivered on the date of receipt, as evidenced by the addressee's signature on the return receipt, or, if such letter is refused or unclaimed, the notice, demand or payment shall be deemed made and delivered as of 12:00 noon on the third (3rd) business day following the date such letter was deposited into a depository for the mail, properly addressed, postage prepaid, to the other party at the address set forth below, or to such other address as either party may properly notify and designate in writing to the other party. Beaumont Police Department, Tim Ocnaschek, Emergency Management Coordinator (EMC), 255 College, Beaumont, Texas 77701. 24/7 Phone number (409) 880-3865. Beaumont Police Department, Mike Custer, Deputy EMC, 700 Orleans, Beaumont, Texas 77701. Phone numbers: (409) 980-7275 or 24/7 contact (409) 880-3865. Hospital, Jack Patrick Briggs, Regional Director of Risk Management, 2830 College, Beaumont, Texas 77702; Phone numbers: (409) 899-7055, fax 899-7493. 14. REPRESENTATION. BPD represents that it will direct its employees not to in any way interfere, deter or prevent the Hospital from providing medical care services to its patients while the Hospital is providing the refuge and sheltering of BPD Personnel, and, to the extent allowed under Texas law, will indemnify Hospital for any losses caused by the acts or omissions of its employees while sheltering at the Hospital under the terms of this MOU. 30524.2 A PRQVE,1) JAMES P. SINGLETARY Chief of Police Beaumont Police Department Date: KYLE HAYES City Manager City of Beaumont Date: 30524.2 JACK PATRICK BRIGGS Regional Director of Risk Management Christus St. Elizabeth Hospital Date: PAUL TREVINO CEO Christus Hospital Date: C BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: May 16, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding from the State of Texas for InterLibrary Loan activities for FY2017. BACKGROUND The Beaumont Public Library System has provided InterLibrary Loan (ILL) services to the citizens of Beaumont through the State of Texas since 2011. Being one of the largest libraries in East Texas affords us the opportunity to be one of the top participants in the system. ILLS are received and sent daily through the TexExpress Courier service as well as the US Mail, and are managed by library personnel at the Main Library and the Miller Library. Submitting a request is initiated through the Navigator system that is managed by the Texas State Library and Archives Commission. For FY2017 Navigator lending activity, libraries will be eligible for a reimbursement based on lends provided to other libraries throughout the state of Texas and the nation. Managed by the Texas State Library and Archives Commission, the statewide interlibrary loan program embodies several grant programs that work together to enable library users' access to materials not available at their local library. It also works with other programs in Texas, the Southwest, and the country to promote resource sharing and provide greater access to information for all Texans. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive funding for the City of Beaumont through the Texas State Library and Archives Commission, FY 2017 Interlibrary Loan Lending Reimbursement Program for reimbursement of net lends of interlibrary loan materials through Navigator (the computerized lending system). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of May, 2017. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: May 16, 2017 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide and a forty foot (40') wide Drainage Easement. BACKGROUND Earnest Joseph Livesay'and Jill Lynette Livesay has agreed to convey one ten foot (10') wide Drainage Easement described as being a 0.0379 acre tract out of the C. Williams Survey, -Abstract 59 and a forty foot (40') wide Drainage Easement described as a 0.1006 acre tract out of the C. Williams Survey, Abstract 59 to the City of Beaumont to allow the remodeling of current commercial development and future development located at 685 Pinchback Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Earnest Joseph Livesay and Jill Lynette Livesay have agreed to convey one (1) ten foot (10') drainage easement, said easement being a 0.0379 acre tract out of the C. Williams Survey, Abstract 59, as described and shown in Exhibit "1," attached hereto, and one (1) forty foot (40') drainage easement, said easement being a 0.1006 acre tract out of the C. Williams Survey, Abstract 59, as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for the current and future commercial development located at 685 Pinchback Road; and, WHEREAS, the City Council has considered the purpose of said conveyances and is of the opinion that the acceptance of said conveyances are 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 one (1) ten foot (10') wide drainage easement conveyed by Earnest Joseph Livesay and Jill Lynette Livesay, `said easement being a 0.0379 acre tract out of the C. Williams Survey, Abstract 59, as described and shown in Exhibit "1," attached hereto, and one (1) forty foot (40') drainage easement conveyed by Earnest Joseph Livesay and Jill Lynette Livesay, said easement being a 0.1006 acre tract out of the C. Williams Survey, Abstract 59, as described and shown in Exhibit "1," attached hereto, 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 16th day of May, 2017. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X DRAINAGE EASEMENT THAT, EARNEST JOSEPH LIVESAY and JILL LYNETTE LIVESAY, of the County of Jefferson, State of Texas, hereinafter called "GRANTORS", for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, Drainage Easements and the right to construct, alter, and maintain drainage improvements and appurtenances on the hereinafter described lands which said easements are under, over, in and across that certain tracts or parcels of land owned by GRANTORS situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A & B" attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and removing drainage structures, canals, ditches and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate EXHIBIT 1" the same as permitted by law. The GRANTORS will be responsible for the maintenance of the surface area and control vegetation. GRANTORS shall not permit trees, shrubs, plants, or any object to be placed on the easement area. TO HAVE AND TO HOLD the above described easements and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of GRANTORS: EARNEST JOSEPH LIVESAY and JILL LYNETTE LIVESAY 0 Printed Name: Earnest Joseph Livesay Title: Owner ME Printed Name: Jill Lynette LivesaX Title: Owner {1NTENTIALLY LEFT BLANK} , 2017. ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2017, by Earnest Joseph Livesay known to me to be the person whose name is subscribed to the foregoing instrument and in the capacity therein stated. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2017, by Jill Lynette Livesn known to me to be the person whose name is subscribed to the foregoing instrument and in the capacity therein stated. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 EXHIBIT -"A" Legal Description: 10 Feet Wide Drainage Easement Containing 0.0379 Acres C. Williams Survey, Abstract No. 59 Beaumont, Jefferson County, Texas BEING a 10 feet wide drainage easement situated in the C. Williams Survey, Abstract No. 59, Jefferson County, Texas and being out of and part of Lot 8 of the Wiess Park Subdivision, an unrecorded subdivision of the City of Beaumont, and being out of and part of that certain called 2.4516 acre tract of land as described in a "General Warranty Deed" from Steven Craig Ferguson to Earnest Joseph Livesay and Jill Lynette Livesay as recorded in Clerk's File No. 2017008800, Official Public Records of Real Property, Jefferson County, Texas, said 10 feet wide drainage easement being more particularly described as follows: NOTE: All bearings are referenced to the West line of the said 2.4516 acre Livesay tract as NORTH 00°00'00" WEST as recorded in the above referenced Clerk's File No. 2017008800, Official Public Records of Real Property, Jefferson County, Texas. COMMENCING at a 1" iron rod found for the Southwest corner ofthe said 2.4516 acre Livesay tract, said corner also being the Southwest corner of the said Lot 8 of the Weiss Park Subdivision and also being the intersection of the East right-of-way line of Pinchback Road and the Northerly right-of-way line of the Southern Pacific Railroad (formerly known as the T. & N.O. Railroad) (based on a width of 100 feet); THENCE NORTH 00000100" WEST, along and with the East right-of-way line of Pinchback Road, for a distance of 186.01 feet to the Southwest corner and the POINT OF BEGINNING of the easement herein described; THENCE NORTH 00000'00" WEST, continuing along and with the East right-of-way line of Pinchback Road, for a distance of 10.03 feet to a point for corner; THENCE SOUTH 85053'08" EAST, over and across the said 2.4516 acre Livesay tract, for a distance of 164.33 feet to a point for corner, said corner being in the West line of that certain called 40 feet wide drainage easement as described in a deed from C.O. Cunningham to The City of Beaumont as recorded in Volume 1169, Page 638, Deed Records, Jefferson County, Texas; THENCE SOUTH 06051'59" EAST, along and with the West line .of the said City of Beaumont 40 feet wide drainage easement, for a distance of 10.19 feet to a point for corner; THENCEINORTH 85053'08" WEST, for a distance of 165.56 feet to the POINT OF BEGINNING and containing 0.0379 Acres, more or less. This legal description is based a survey prepared on February 27, 201 T by Mark W. Whiteley & Associates. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B"). ^ jz� Thomas S. TBPLS Fir; W'.U01T17-586\17-5 X ARRnCIATF.0 1Afr SET 518- 1. ROOD U a' 0 0 o g a 0 o^ N O Y z M Q 6.00 ..! _ �Q c� z a �4 m co W � u o 0 r� o 0 Z Poc FND 1" I. ROD O' DRAINAGE EASEMENT (0.0379 ACRES) --..,Lz CALLED 2.4516 ACRES EARNEST JOSEPH LIVESAY, eL ux. CF. NO. 2017008800 OPRJC LOT B M/ss,otj A 1 000C/F/C Row) N/ZP0,4 1 1 mm. 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TITLE 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED. 3. THIS EXHIBIT IS BASED ON A SURVEY PREPARED ON FEBRUARY 27, 2017 BY MARK W. WHITELEY & ASSOCIATES. LINE BEARING DISTANCE L1 N00'00'00"W 10.03' L2 S8553'08"E 164.33' L3 S06 51'59"E 10.19' L4 N8553'08"W 165.56' 1 1 1 1 40' DRAINAGE EASEMENT J i CITY OF BEAUMONT 1 i VOL 1169, PG. 638 1 DRJC 1 1 I 0011 1 { P PRK 5 R �Ol I � �\ES IVNREGO vRVE`( L ---------- G �\�`\PMG NO•y9 PBgZF� FND SB1'12'10"W 681.38' SOUTHERN PACIFIC RAILROAD (FORMERLY KNOWN AS THE T.& N.O. RAILROAD)(100' ROW) TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY CITY OF BEAUMONT MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OR W. wo SCAM' SHEET No OF THE .SURVEY. VER: MM tole 1 1 "=50' 1 of 1 4j� G1 S T s' +ARKW. WHITELEY ND ASSOCIATES INCORPORATED 'IIIc THOMAS S. ROWE LTING ENGINEERS, ��7��YORS, AND PLANNERS �.S. FIRM NO. 10106700 .•9U P. o. BOX wax 3250 TE%FRVVY. REGISTERED PROff&SjgMLZgA OR No. 5728 I OEAUM.,TewsTnxswox 8.UMONT. TEAS. O0 092am (FAX) 0P0OMW SET I. EXHIBIT "B" REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTIOI EXHIBIT OF A 10 FEET WIDE DRAINAGE EASEMENT C. WILLIAMS SURVEY ABSTRACT NO. 59 BEAUMONT, JEFFERSON COUNTY, TEXAS EXHIBIT "C" Legal Description: 40 Feet Wide Drainage Easement Containing 0.1006 Acres C. Williams Survey, Abstract No. 59 Beaumont, Jefferson County, Texas BEING a 40 feet wide drainage easement situated in the C. Williams Survey, Abstract No. 59, Jefferson County, Texas and being out of and part of Lot 8 of the Wiess Park Subdivision, an unrecorded subdivision of the City of Beaumont, and being out of and part of that certain called 2.4516 acre tract of land as described in a "General Warranty Deed" from Steven Craig Ferguson to Earnest Joseph Livesay and Jill Lynette Livesay as recorded in Clerk's File No. 2017008800, Official Public Records of Real Property, Jefferson County, Texas, said 40 feet wide drainage easement being more particularly described as follows: NOTE: All bearings are referenced to the West line of the said 2.4516 acre Livesay tract as NORTH 00°00'00" WEST as recorded in the above referenced Clerk's File No. 2017008800, Oficial Public Records of Real Property, Jefferson County, Texas. COMMENCING at a 1" iron rod found for the Southwest corner of the said 2.4516 acre Livesay tract, said corner also being the Southwest corner of the said Lot 8 of the Weiss Park Subdivision and also being the intersection of the East right-of-way line of Pinchback Road and the Northerly right-of-way line of the Southern Pacific Railroad (formerly known as the T. & N.O. Railroad) (based on a width of 100 feet); THENCE NORTH 81012'10" EAST, along and with the Southerly line of the said 2.4516 acre Livesay tract and the Northerly right-of-way line of the Southern Pacific Railroad, for a distance of 184.87 feet to the Southwest corner and the POINT OF BEGINNING of the easement herein described; THENCE NORTH 06051'59" WEST, over and across the said 2.4516 acre Livesay tract, for a distance of 110.26 feet to a point for corner, said corner being the Southwest corner of that certain called 40 feet wide drainage easement as described in a deed from C.O. Cunningham to The City of Beaumont as recorded in Volume 1169, Page 638, Deed Records, Jefferson County, Texas; THENCE NORTH 83°08'01" EAST, along and with the South line of the said City of Beaumont 40 feet wide drainage easement, for a distance of 40.00 feet to a point for corner, said corner being the Southeast corner of the said City of Beaumont 40 feet wide drainage easement; THENCE SOUTH 06°51'59" EAST, over and across the said 2.4516 acre Livesay tract, for a distance of 108.91 feet to a point for corner, said corner being in the Southerly line of the said 2.4516 acre Livesay tract and the Northerly right-of-way line of the Southern Pacific Railroad; EXHIBIT "C" MARX IV IYMITELEY & ASSOCIATES, INC THENCE SOUTH 81012'10" WEST, along and with the Southerly line of the said 2.4516 acre Livesay tract and the Northerly right-of-way line of the Southern Pacific Railroad, for a distance of 40.02 feet to the POINT OF BEGINNING and containing 0.1006 Acres, more or less. This legal description is based a survey prepared on February 27, 2017 by Mark W. Whiteley & Associates. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "D"). Thomas S. Rowe, RPLS No. 5728 TBPLS Firm No.: 10106700 W: OM17-586\17-586 40 Ft Drainage Easement M&B.docx EXHIBIT "C" MARK W WHITELEY & ASSOCIATES, INC SET 518- 1. ROOD U Q 0 0 Do a o Q ^o Np � M Y z m bo . U ao CL z C U w M'SS�VRi A (1 00 40' DRAINAGE EASEMENT i CITY IN BEAUMOM I RD i �R�qO VOL. 1169, PG. 638 I DRJC LOT 8 i L2 11.. gNOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TITLE. 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED. 3. THIS EXHIBIT IS BASED ON A SURVEY PREPARED ON FEBRUARY 27, 2017 BY MARK W. WHITELEY & ASSOCIATES. LINE BEARING DISTANCE L1 N06'51'59"W 110.26' L2 N83'08'01 "E 40.00' L3 S06'51'59"E 108.91' L4 S81' 12'1 O"W 40.02' CALLED 2.4516 ACRES 40' DRAINAGE EASEMENT EARNEST JOSEPH LIVESAY, et. ux. (0.1006 ACRES) CF. NO. OPRJC008800 `�soll -jJ kgs P PRE Dem �vN v POC POB ov,%NMG No� s9 FND 1" I. ROD N81'12'10"E 184.87' L4 FND S81'12'10"W 681.38' SOUTHERN PACIFIC RAILROAD (FORMERLY KNOWN AS THE T.& N.O. RAILROAO)(100' ROW) TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY CITY OF BEAUMONT MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME DR 9A coD sGtE sfe OF THE SURVEY. /� v� ASJ1D sD1e 1 "=50' RF v' +RKW. WHITELEY ND ASSOCIATES • ....... S. ROME •� INCORPORATED THOMoe.o.w.......oS S...•.... E LTING ENGINEERS, • •0 P�72$ 8 YORS. AND PLANNERS $•• ltz S. FIRM NO. 10106700 P. 0. sox SM use EASTex MM. AS S. ROWS - REGISTERED PROFESSIONAL LA 728 BEAUMONT, TesmM902 BEAUMONT. XAS"M e SET I. EXHIBIT "D" REFER TO EXHIBIT "C" FOR LEGAL DESCRIPTION EXHIBIT OF A 40 FEET WIDE DRAINAGE EASEMENT C. WILLIAMS SURVEY ABSTRACT NO. 59 BEAUMONT, JEFFERSON COUNTY, TEXAS V1. .s s}} c �i '• t '! !t r v Gsi " . •+,w dS i � t �� .w.-� gyc.. {�� c>" { ar �G+ , • �« �;c F j � "y3 . r s •�S Iyar%� :ill J� �MR'!^.'. h np �'.. �'✓ l 'SLY! . ,,. } •• ` I2 _,.� 4, 4 r t 4� 3�S*�,` "v.- F 1 � i .a.. . ;fin � � �1.•t � y . ,•� of3r �° �� J�tA�-' L�; �� e�tii vii'"`` �,.,�$:'py"w. yt�S �,i.wk�r'T�'„ � yc,x '+':.:t '{ 1 .. ; r +r. 3; �. ! [ } ,p �'•' _ :,3,• 1 ..314 � � 'y'�r "`� fig,- r K # r !4• . .ya„` � q.t-., � i �`,� 1 � '-�' 5 w� 1yv +. ,� 1s t `4 ,' 1 r k" , * `�.�.' � } `•s', �µ 685�F?INC7 BA.�,CK R�®Ap �+�+' + � ,#.�..� 1 � 4 * ,�.�*,�-zv K .1�"� { .' f a Vr,. ` ,t �' `" : wii .4 ' . t " � q a �, ,s r_„ q.•,�z. - s� C �, zy "�,�Y �.`�� ��-.� _y`:, c�� � ,^a.a-�'� yr-:�. -�;. -���9 �� -..,'moi a •J�,, �— ..� �i. ,r �l l`�r'�'&^�e�'," )� -�.,a v„e rr+ ♦ , ed !r >.* •" .. 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'C�' � ��"' 3'f;'�*.�?'�w t t. -; .., '...,, .rt! pry` F�@m• Srwf ,eaw+t, �.''- +4�+�1:'%�'" +ip. tourGuwe .; ,Y7338.. ., ._. a, Rlr,i 94.+N 94°rte ag�ry,0ate 1/'29(2017 30.`0`,4}12•__^_-_ 6.80',%,elev 0 eye alt 1295Yf B,EAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: _ Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: May 16, 2017 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND Parkdale Mall CMBS LLC has agreed to convey a ten foot (10') wide exclusive Water Line Easement described as being a 0.0125 acre tract our of and part of Lot 4, Block 1 Amended Parkdale Mall Addition situated in the Frederick Bigner Survey, Abstract No. 1. The water line easement will extend the existing easement to serve two additional parcels located at 4255 Dowlen Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. �E RESOLUTION NO. WHEREAS, Parkdale Mall CMBS, LLC has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.0125 acre tract out of and part of Lot 4, Block 1 Amended Parkdale Mall Addition situated in the Frederick Bigner Survey, Abstract No. 1 as described and shown in Exhibit "1," attached hereto, to the City of Beaumont to extend the existing easement to serve two additional parcels located at 4255 Dowlen Road; 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 one (1) ten foot (10') wide exclusive water line easement conveyed by Parkdale Mall CMBS, LLC, being a 0.0125 acre tract out of and part of Lot 4, Block 1 Amended Parkdale Mall Addition, situated in the Frederick Bigner Survey, Abstract No. 1 as described and shown in Exhibit "1," attached hereto, 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 16th day of May, 2017. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, PARKDALE MALL CMBS LLC, a Texas limited liability company, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND N0/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line Easement and the exclusive right to construct, alter, and maintain said waterlines and appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A & B", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and appurtenances, and the following rights are also hereby conveyed collectively, the "Easement Rights". It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the EXHIBIT 1" purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this GRANTOR: PARKDALL MALL, LLC a Texas limited liability company day of 92017. By: CBL/Parkdale Mall GP, LLC, its chief manager By: CBL & Associates Limited Partnership Its chief manager By: CBL Holdings I, Inc., its general partner Name: Farzana K. Mitchell Title: Executive Vice President — Finance GRANTEE: CITY OF BEAUMONT By: Name: Kyle Hayes Title: City Manager ATTEST: Name: Stanley W. Hildebrand Title: Assistant Secretary ACKNOWLEDGMENTS STATE OF TENNESSEE § COUNTY OF HAMILTON § This instrument was acknowledged before me on this day of , 2017, by Farzana K. Mitchell, Executive Vice President - Finance of PARKDALE MALL, LLC, a Texas limited liability company, general partner of CBL Holdings I, Inc., on behalf of said limited liability partnership. Notary Public, State of Texas STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on this day of , 2017, by Kyleyes, City Manager of the City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas, on behalf of said municipal corporation. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy. - Engineering P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" Legal Description: 10 Feet Wide Water Line Easement (0.0125 Acres) Out of and Part of Lot 4, Block 1 Amended Parkdale Mall Addition Clerk's File No. 2007006814, Official Public Records Frederick Bigner Survey, Abstract No. 1 Beaumont, Jefferson County, Texas BEING a 10 feet wide water line easement situated in the Frederick Bigner Survey, Abstract No. 1, Jefferson County, Texas and being out of and part of Lot 4, Block 1 of Parkdale Mall Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 14, Pages 245 and 246, Map Records, Jefferson County, Texas and also out of and part of Lot 4 of the Amended Plat of Lots 2, 4 and 9, Block 1 of Parkdale Mall Addition as recorded in Clerk's File No. 2007006814, Official Public Records of Real Property, Jefferson County, Texas, said easement being more particularly described as follows: NOTE: All bearings are referenced to the TVesterly line of the said Lot 4 as SOUTH 28°09'19" TVEST as recorded in the above referenced Clerk's File No. 2007006814, Official Public Records ofReal Property, Jefferson County, Texas. COMMENCING at a 5/8" iron rod found for the most Northerly corner of the said Lot 4 and the most Easterly corner of Lot 2 of the said Amended Parkdale Mall Addition and in the Westerly of Lot 5, Block 1 of the said Parkdale Mall Addition; THENCE SOUTH 28009'19" WEST, along and with the boundary between the said Lot 2 and Lot 4 of the said Amended Parkdale Mall Addition, for a distance of 228.21 feet to a point; THENCE SOUTH 61°50'41" EAST, over and across the said Lot 4 of the said Amended Parkdale Mall Addition, for a distance of 33.10 feet to the POINT OF BEGINNING of the easement herein described, said point being the most Northerly comer of that certain called 10 foot wide water line easement, identified as "Waterline Easement F" as described in a "Water Line Easement" from Parkdale Mall, LLC to City of Beaumont as recorded in Clerk's File No. 2007047826, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 47°51'02" EAST, for a distance of 46.27 feet to a point for corner; THENCE SOUTH 61005'34" EAST, for a distance of 15.12 feet to a point for corner; THENCE SOUTH 28054'26" WEST, for a distance of 10.00 feet to a point for corner; THENCE NORTH 61005'34" WEST, for a distance of 7.98 feet to a point' for corner; THENCE SOUTH 47051'02" WEST, for a distance of 39.13 feet to a point' for corner; EXHIBIT "A" Page 1 of 2 XIARK IV_ IVH/TF.LF)'& ANNOrIATF . /NC THENCE NORTH 42008'58" WEST, along and with the easement herein described and the said 10 foot water line easement, for a distance of 10.00 feet to the POINT OF BEGINNING of the easement herein described. Surveyed on March 13, 2017. This legal description is being submitted along with a plat based on this survey (see EXHIBI "B"). Thomas S. Rowe LS No. 5728 ..eIEiO..AS..• ......i6W...... ' oe. �.� ae..eo6728 ee. J.g.oe.. �b.0 d ,CLQ,; TBPLS Finn No.: 10106700 ���o°°S M�*' a� W �201T.17-22i,1i 22i IpATERLI,N'E EASEb1E\T m&bdocv EXHIBIT "A" Pa?e 2 of 2 MARK !N. li'HITELEY & ASSOCIATES. INC. P ®c FND 5/ I. ROD 8" z LOT 2 O Do ED -co in o� ohm N O O =gyp z CD W6060 d N N CD N zgU in FND "PK" NAIL LOT 5 PARKDAIJ= MA►I- p�pDmON VOL. 14, PGS. 245 i� 246 MRJC NAMENDED PLAT co PARKDAl MALL ADDITION c1 2007006814 CF. . :� No.2007006814 0 N vi LOT 4 'ir L2 / rL ®B �/ I -EASE EASEMENT (0.0DE 125 ACRES) / /� 1'50'41 "E 33.10 [� PROPOSED PAD A 10' WATER LINE EASEMENT "F" / CITY OF BEAUMONT CF. NO. 2007047826 OPRJC O, LINE BEARING DISTANCE L1 N47'51'02"E 46.27' L2 S61'05'34"E 15.12' L3 S28'54'26W 10.00' L4 N61'05'34"W 7.98' L5 S47'51'02'W 39.13' L6 N4TO8'58"W 10.00' MALL RING ROAD TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: 1. THOMAS S. ROME DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. DATE SURVEYED: MARCH 13, 2017 �p S. OTE: N 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TIRE. , 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS 'SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED. EXHIBIT °°E°' REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION 10' WIDE WATER LINE EASEMENT (0.0125 ACRE) FREDRICK SIGNER SURVEY ABSTRACT NO.1 BEAUMONT, JEFFERSON COUNTY, TEXAS MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS T.B.P.LS. FIRM NO. 10106700 P. 0. BOX 6402 629BLSiEZmw. BEMMOHL 7FXA777T165M BEAumm. lm=77m 400-8920421 RM {Cl4=-0716 m I rcel tobb ved BEAUMONT TEXAS REGULAR MEETING- OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 16, 2017 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call ELECTION OF MAYOR AND COUNCILMEMBERS * Consider approval of an ordinance canvassing the results of the May 6, 2017 City General Election * Administration of the oath of office * Councilmembers/City Manager comments * Recess RECONVENE MEETING * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items/Consent Agenda * Consent Agenda 1. Consider a resolution authorizing the City Manager to enter into a Development Agreement in lieu of annexation for approximately 692 acres of land located on the west side of Major Drive and the north side of Dishman Road 2. Consider a resolution authorizing the City Manager to enter into a Development Agreement in lieu of annexation for approximately 10.46 acres of land located on the northwest corner of Major Drive and Dishman Road 3. Consider a resolution approving the purchase of 10 Console Operator Positions from Motorola Solutions Inc. for use in the Fire and Police Departments 4. Consider a resolution approving the purchase of body worn cameras from WatchGuard for use in the Police Department WORK SESSION * Review and discuss the utilization of a Federal earmark on Dowlen Road between US 69 and College COMMENTS Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777. 1 May 16, 2017 Consider a resolution authorizing the City Manager to enter into a Development Agreement in lieu of annexation for approximately 692 acres of land located on the west side of Major Drive and the north side of Dishman Road BEAUMONT TEXAS TO: City Council. FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: May 16, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into a Development Agreement in lieu of annexation for approximately 692 acres of land located on the west side of Major Drive and the north side of Dishman Road. BACKGROUND In September of 2016, the City annexed a 77.73 acre area located on the west side of Major Drive, just south of the right-of-way for Folsom Road. During the analysis of the annexation process, it was determined that the city should pursue the annexation of the entire unincorporated are extending form Folsom, south to Dishman and from Major Drive, west to Keith Road. However, Chapter 212 of the Texas Local Government Code offers immunity from annexation for properties having an "agricultural exemption" for taxing purposes, provided the property owners and the City execute a Development Agreement. The agreement would limit development on the property that might be detrimental to the city in exchange for deferring annexation. The agreement stipulates that should any non-agricultural development occur the result would be an automatic petition for annexation by the land owner. The term of the agreement would be fifteen (15) years. It should be noted that this agreement is related to a separate agreement controlling a 10.46 acre tract at the northwest corner of Major Drive and Dishman. This smaller area of land is proposed of be under a separate agreement as there has been commercial development in this area in recent years, which might continue. The reason for having two separate agreements is to allow for possible, limited development, without triggering annexation of the entire tract. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, in September of 2016, the City annexed a 77.73 acre area located on the west side of Major Drive, just south of the right-of-way for Folsom Road; and, WHEREAS, during the analysis of the annexation process, it was determined that the city should pursue the annexation of the entire unincorporated area extending from Folsom, south to Dishman and from Major Drive, west to Keith Road; and, WHEREAS, Chapter 212 of the Texas Local Government Code offers immunity from annexation for properties having an "agricultural exemption", for taxing purposes, provided the property owners and the City execute a Development Agreement; and, WHEREAS, the City Council is of the opinion that a Development Agreement between the City of Beaumont and the property owner would limit development on the property to its present agricultural uses in exchange for deferring annexation; 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 City Manager be and he is hereby authorized to enter into a Development Agreement between the City of Beaumont and McNeil, L.L.C., the owner of approximately 692 acres of land located on the west side of Major Drive and north side of Dishman Road, in lieu of annexation of the property. The agreement is substantially in the form attached hereto as Exhibit "1" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of May, 2017. - Mayor Becky Ames - STATE OF TEXAS COUNTY OF JEFFERSON CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT NO. 101 This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between the City of Beaumont, Texas (the "City") and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. WHEREAS, the Owner owns a parcel of real property (the "Property") in Jefferson County, Texas, which is more particularly and separately described in the attached Exhibit "A"; and WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and, WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, in order to address the desires of the Owner and the procedures of the City; and, WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term (defined below) of this Agreement; and, WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Jefferson County. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Section 1. The City guarantees the continuation of the extraterritorial status of the Owner's Property, its immunity from annexation by the City, and its immunity from City property taxes, for the term of this Agreement, subject to the provisions of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of the Texas Local EXHIBIT "1" Government Code. Section 2. The Owner covenants and agrees not to use the Property for any use other than for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code, except for existing single-family residential use of the property, without the prior written consent of the City. It is stipulated that the following uses, without limitation, may be conducted without violation of this Agreement: a. Livestock and farm animal production and husbandry, b. Farming and agricultural production of food and non-food crops, hay and other customary related agricultural uses; c. Cattle, swine and horse production, breeding, husbandry, grazing and culture; d. Production of pecans and other edible nuts and fruits; e. Tree and forest restoration and timber production; e. Beekeeping and production of honey; f. Water resources, including canals and laterals. g. Exploration, development and production of oil, gas and other minerals. The Owner covenants and agrees that the Owner will not file any type of subdivision plat or related development document for the Property with Jefferson County or the City until the Property has been annexed into, and zoned by, the City. The Owner covenants and agrees not to construct, or allow to be constructed, any buildings on the Property that would require a building permit if the Property were in the city limits, until the Property has been annexed into, and zoned by, the City. The Owner also covenants and agrees that the City's AR, Agriculture -Residential District, zoning requirements apply to the Property, and that the Property shall be used only for AR, Agriculture -Residential District, zoning uses that exist on that Property at the time of the execution of this Agreement, unless otherwise provided in this Agreement. However, the Owner may construct an accessory structure to an existing single family dwelling incompliance with all applicable City ordinances and codes. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severally, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. Section 3. The Owner acknowledges that if any plat or related development document is filed in violation of this Agreement, or if the Owner commences development of the Property in violation of this Agreement, then in addition to the City's other remedies, such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered to the City by the Owner. If annexation proceedings begin pursuant to this Section, the Owner acknowledges that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. Section 4. Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all of the City's regulations and planning authority that do not materially interfere with the use of the Property for agriculture, wildlife management, or timber, in the same manner the regulations are enforced within the City's boundaries. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 5. The term of this Agreement (the "Term") is fifteen (15) years from the date that the City Manager's signature to this Agreement is acknowledged by a public notary. Absent an extension of the term of this agreement by the City and the Owner prior to the end of the fifteen (15) year term, the Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. In connection with annexation pursuant to this section, the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or construction any of the owners may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. Property annexed pursuant to this Agreement will initially be zoned AR, Agriculture -Residential, pursuant to the City's Code of Ordinances, pending determination of the property's permanent zoning in accordance with the provisions of applicable law and the City's Code of Ordinances. Section 7. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of either notice required by this section shall be forwarded to the City at the following address: City of Beaumont Attn: City Manager 301Main Street Beaumont, Texas 77701 Section 8. This Agreement shall run with the Property and be recorded in the real property records of Jefferson County, Texas. Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, including the covenants regarding involuntary annexation, then the remainder of this Agreement shall remain in full force and effect. Section 10. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 11. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 12. Venue for this Agreement shall be in Jefferson County, Texas. Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Executed effective the day of 12016. OWNER: CITY: THE STATE OF TEXAS) COUNTY OF JEFFERSON McNeill, L..L.C. A Texas limited liability company By: By : Alan McNeill, Manager Barbara McNeill, Manager The City of Beaumont, Texas By: Kyle Hayes, City Manager This instrument was acknowledged before me on the day of , 2017, by Alan McNeill and Barbara McNeill, Managers of McNeill, L.L. C., a Texas limited liability company, as the act and deed of said company. Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF JEFFERSON This instrument was acknowledged before me on the day of , 2017, by Kyle Hayes, City Manager, City of Beaumont, Texas, as the act and deed of said City. Notary Public, State of Texas "Exhibit A" Almanzon Huston Survey, Abstract No. 33 Jefferson County, Texas Being a called 602.286 acre tract of land, more or less, as situated in the Almanzon Huston Survey, Abstract No. 33, Jefferson County, Texas and being comprised of the following three tracts: Tract One: 217.59 Acres 217.59 acres as conveyed from Alan McNeill and wife, Barbara McNeill (Grantor) to McNeill, L.L.0 (Grantee) by a Special Warranty Correction Deed dated May 13, 2013 and filed for record under Clerk's File No. 2013016896 of the Jefferson County Official Public Records. Tract Two: 3.18 Acres 3.18 Acres as conveyed from William K. Baxley and wife, Irena D. Baxley (Grantor) to McNeill, L.L.C. by a Special Warranty Deed dated March 9, 2016 and filed for record under Clerk's File No. 2016007727 of the Jefferson County Official Public Records. Tract Three: 471.515 Acres 471.515 acres being more particularly described as 476.635 acres as conveyed from Barbara Gordon McNeill and William Alan McNeill (Grantor) to McNeill GP, L.L.C. by a Special Warranty Deed dated December 1, 2010 and filed for record under Clerk's File No. 2010044439 of the Jefferson County Official Public Records SAVE & EXCEPT 5.120 acres which is a part of a an unrecorded Ground Lease dated effective May 1, 2014, from McNeill, LLC to Amelia Farm and Market, LLC, which ground lessee rights were assigned by Amelia Farm and Market, LLC to Lobeau Products, LLC. Said 5.120 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a in the west right-of-way of F.M. Highway 364 (right-of-way width varies), also known locally as Major Drive, for a southeast corner of said McNeill GP, L.L.C. called 476.635 acre tract and the northeast corner of a called 15.341 acre tract as conveyed to McNeill GP, L.L.C. by a Special Warranty Deed dated December 1, 2010 and filed for record under Clerk's File No. 2010043852 of the Jefferson County Official Public Records; THENCE, North 89°44'33" West, a distance of 1003.24 feet, along the north line of said McNeill GP, L.L.C. called 15.341 acre tract, to a 5/8 -inch iron rod found (with cap stamped "JAMA LLC") for the northwest corner of same, a southwest corner of said McNeill GP, L.L.C. called 476.635 acre tract, and the southwest corner of the herein described tract; THENCE, North 00004'07" West, a distance of 222.34 feet, over and across said McNeill GP, L.L.C. called 476.635 acre tract, to a point for the northwest corner of the herein described tract; THENCE, South 89°44'33" East, a distance of 1002.95 feet, over and across said McNeill GP, L.L.C. called 476.635 acre tract, to a point in the west right-of-way of said F.M. Highway 364 and an east line of said McNeill GP, L.L.C. called 476.635 acre tract for the northeast corner of the herein described tract; THENCE, South 00°08'36" East, a distance of 222.34 feet, along an east line of said McNeill GP, L.L.C. called 476.635 acre tract and the west right-of-way of said F.M. Highway 364, to the PLACE OF BEGINNNING, CONTAINING 5.120 acres of land, ALL AS GENERALLY DEPICTED ON THE PLAT ATTAQCHED HERETO. 2 May 16, 2017 Consider a resolution authorizing the City Manager to enter into a Development Agreement in lieu of annexation for approximately 10.46 acres of land located on the northwest corner of Major Drive and Dishman Road . BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: May 16, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into a Development Agreement in lieu of annexation for approximately 10.46 acres of land located on the northwest corner of Major Drive and Dishman Road. BACKGROUND In September of 2016, the City annexed a 77.73 acre area located on the west side of Major Drive, just south of the right-of-way for Folsom Road. During the analysis of the annexation process, it was determined that the city should pursue the annexation of the entire unincorporated are extending form Folsom, south to Dishman and from Major Drive, west to Keith Road. However, Chapter 212 of the Texas Local Government Code offers immunity from annexation for properties having an "agricultural exemption" for taxing purposes, provided the property owners and the City execute a Development Agreement. The agreement would limit development on the property that might be detrimental to the city in exchange for deferring annexation. The agreement stipulates that should any non-agricultural development occur the result would be an automatic petition for annexation by the land owner. The term of the agreement would be fifteen (15) years. It should be noted that this agreement is related to a separate agreement controlling a 692 acre tract extending from the west side of Major Drive and north side of Dishman Road. This larger area of land is proposed to be under a separate agreement as it is agricultural in use and is much likely to be developed in the near future, triggering the petition for annexation as outlined in the agreement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, in September of 2016, the City annexed a 77.73 acre area located on the west side of Major Drive, just south of the right-of-way for Folsom Road; and, WHEREAS, during the analysis of the annexation process; it was determined that the city should pursue the annexation of the entire unincorporated area extending i from Folsom, south to Dishman and from Major Drive, west to Keith Road; and, WHEREAS, Chapter 212 of the Texas Local Government Code offers immunity from annexation for properties having an "agricultural exemption" for taxing purposes, provided the property owners and the City execute a Development Agreement; and, WHEREAS, the City Council is of the opinion that a Development Agreement between the City of Beaumont and the property owner would limit development on the property to its present agricultural uses in exchange for deferring annexation; 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 City Manager be and he is hereby authorized to enter into a Development Agreement between the City of Beaumont and McNeill, L.L.C., the owner of approximately 10.46 acres of land located on the northwest corner of Major Drive and Dishman Road, in lieu of annexation of the property. The agreement is substantially in the form attached hereto as Exhibit "1" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of May, 2017. - Mayor Becky Ames - STATE OF TEXAS COUNTY OF JEFFERSON CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT NO. 202 This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between the City of Beaumont, Texas (the "City") and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. WHEREAS, the Owner owns a parcel of real property (the "Property") in Jefferson County, Texas, which is more particularly and separately described in the attached Exhibit "A"; and WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and, WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, in order to address the desires of the Owner and the procedures of the City; and, WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term (defined below) of this Agreement; and, WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Jefferson County. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Section 1. The City guarantees the continuation of the extraterritorial status of the Owner's Property, its immunity from annexation by the City, and its immunity from City property taxes, for the term of this Agreement, subject to the provisions of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property, is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 'of the Texas Local Government Code. EXHIBIT 1" Section 2. The Owner covenants and agrees not to use the Property for any use other than for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code, except for existing single-family residential use of the property, without the prior written consent of the City. It is stipulated that the following uses, without limitation, may be conducted without violation of this Agreement: a. Livestock and farm animal production and husbandry, b. Farming and agricultural production of food and non-food crops, hay and other customary related agricultural uses; c. Cattle, swine and horse production, breeding, husbandry, grazing and culture; d. Production of pecans and other edible nuts and fruits; e. Tree and forest restoration and timber production; e. Beekeeping and production of honey; f. Water resources, including canals and laterals. g. Exploration, development and production of oil, gas and other minerals. The Owner covenants and agrees that the Owner will not file any type of subdivision plat or related development document for the Property with Jefferson County or the City until the Property has been annexed into, and zoned by, the City. The Owner covenants and agrees not to construct, or allow to be constructed, any buildings on the Property that would require a building permit if the Property were in the city limits, until the Property has been annexed into, and zoned by, the City. The Owner also covenants and agrees that the City's AR, Agriculture -Residential District, zoning requirements apply to the Property, and that the Property shall be used only for AR, Agriculture -Residential District, zoning uses that exist on that Property at the time of the execution of this Agreement, unless otherwise provided in this Agreement. However, the Owner may construct an accessory structure to an existing single family dwelling incompliance with all applicable City ordinances and codes. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severally, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. Section 3. The Owner acknowledges that if any plat or related development document is filed in violation of this Agreement, or if the Owner commences development of the Property in violation of this Agreement, then in addition to the City's other remedies, such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered to the City by the Owner. If annexation proceedings begin pursuant to this Section, the Owner acknowledges that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. Section 4. Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all of the City's regulations and planning authority that do not materially interfere with the use of the Property for agriculture, wildlife management, or timber, in the same manner the regulations are enforced within the City's boundaries. The City states and specifically reserves its authority pursuant to Chapter 251 `of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 5. The term of this Agreement (the "Term") is fifteen (15) years from the date that the City Manager's signature to this Agreement is acknowledged by a public notary. Absent an extension of the term of this agreement by the City and the Owner prior to the end of the fifteen (15) year term, the Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. In connection with annexation pursuant to this section, the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or construction any of the owners may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. Property annexed pursuant to this Agreement will initially be zoned AR, Agriculture -Residential, pursuant to the City's Code of Ordinances, pending determination of the property's permanent zoning in accordance with the provisions of applicable law and the City's Code of Ordinances. Section 7. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of either notice required by this section shall be forwarded to the City at the following address: City of Beaumont Attn: City Manager 301Main Street Beaumont, Texas 77701 Section 8. This Agreement shall run with the Property and be recorded in the real property records of Jefferson County, Texas. Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, including the covenants regarding involuntary annexation, then the remainder of this Agreement shall remain in full force and effect. Section 10. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 11. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 12. Venue for this Agreement shall be in Jefferson County, Texas. Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Executed effective the day of 12017. OWNER: McNeill, L..L.C. A Texas limited liability company By: By: Alan McNeill, Manager Barbara McNeill, Manager CITY: The City of Beaumont, Texas By: Kyle Hayes, City Manager THE STATE OF TEXAS } COUNTY OF JEFFERSON This instrument was acknowledged before me on the day of 2017, by Alan McNeill and Barbara McNeill, Managers of McNeill, L.L. C., a Texas limited liability company, as the act and deed of said company. Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF JEFFERSON This instrument was acknowledged before me on the day of , 2017, by Kyle Hayes, City Manager, City of Beaumont, Texas, as the act and deed of said City. Notary Public, State of Texas "Exhibit A" 10.460 Acre Tract Almanzon Huston Surrey, Abstract No. 33 Jefferson County, Texas Being a 10.460 acre tract of land as situated in the Almanzon Huston Survey, Abstract No. 33, Jefferson County, Texas and being more particularly described as follows: Being 'a 20.590 acre tract of land as situated in the Almanzon Huston Survey, Abstract No. 33, Jefferson County, Texas and being out of and a part of a called 476.635 acre tract as conveyed from Barbara Gordon McNeill and William Alan McNeill (Grantor) to McNeill GP, L.L.C. by a Special Warranty Deed dated December 1, 2010 and filed for record under Clerk's File No. 2010044439 of the Jefferson County Official Public Records, all of a called 15.341 acre tract as conveyed to McNeill GP, LLC by a Special Warranty Deed dated December 1, 2010 and field for record under Clerk's File No. 2010043852 of the Jefferson County Official Public Records, and out of and a part of a called 2.067 acre tract as conveyed to McNeill GP, LLC by a Special Warranty Deed dated December 1, 2010 and filed for record under Clerk's File No. 2010043855 of the Jefferson County Official Public Records; BEGINNING at a 1/2 -inch iron rod found (with aluminum cap) at the intersection of the north line of Dishman Road (60' wide apparent right-of-way) with the west right-of-way of F.M. Highway 364 (right-of-way width varies), also known locally as Major Drive, for the southeast corner of the herein described tract and the southeast corner of said McNeill GP, LLC called 15.341 acre tract; THENCE, South 89043'34" West, a distance of 811.39 feet, along the north line of said Dishman Road and the south line of said McNeill GP, LLC called 15.341 acre tract, to a 3/4 -inch iron rod found for the southwest corner of same and the southwest corner of the herein described tract, same being located on the east line of a called 11.194 acre Right -of -Way Easement as granted to Jefferson County Drainage District No. 6 by a document dated June 19, 1996 and filed for record under Clerk's File No. 96-9619289 of said Jefferson County Official Public Records; THENCE, North 18°02'52" West, a distance of 594.14 feet, along an east line of said Jefferson County Drainage District No. 6 - 11.194 acre Right -of -Way Easement and a west line of said McNeill GP, LLC called 15.341 acre tract, to a 5/8 -inch iron rod found (with cap stamped "JAMA LLC") for an angle corner of same and of the herein described tract, same being the southeast corner of a called 3.377 acre Drainage Easement as granted to Jefferson County Drainage District No. 6 by a document dated October 25, 2002 and filed for record under Clerk's File No. 2002042546 of said Jefferson County Official Public Records, from which a 3/4 -inch iron rod found for an angle corner of said Jefferson County Drainage District No. 6 - 11.194 acre Right -of -Way Easement bears North 1802'52" West a distance of 247.18 feet; THENCE, North 00004'07" West, along the east line of said Jefferson County Drainage District No. 6 - 3.377 acre Drainage Easement and a west line of said said McNeill GP, LLC called 15.341 acre tract, at a distance of 248.06 feet passing a 5/8 -inch iron rod found (with cap stamped "JAMA LLC") for the northwest corner of same, IN ALL a total distance of 470.40 feet to a 5/8 -inch iron rod set (with cap stamped "JAMA LLC") for the northwest corner of the herein described tract; THENCE, South 89044'33" East, a distance of 1002.95 feet, to a 5/8 -inch iron rod set (with cap stamped "JAMA LLC") in the west right-of-way of said F.M. Highway 364 for the northeast corner of the herein described tract; THENCE, South 00008'36" East, a distance of 293.91 feet, along the west right-of-way of said F.M. Highway 364, to a 5/8 -inch iron rod found (with cap stamped "JAMA LLC") for the northeast corner of said McNeill GP, LLC called 2.067 acre tract, from which a 1/2 -inch iron rod found bears South 89 57'34" East a distance of 0.65 feet; THENCE, North 89057'34" West, a distance of 468.79 feet, along the north line of said McNeill GP, LLC called 2.067; to a 5/8 -inch iron rod set (with cap stamped "JAMA LLC") for an interior corner of the herein described tract, from which a 1/2 -inch iron rod found for the northwest corner of said McNeill GP, LLC called 2.067 bears North 8957'34" West a distance of 41.00 feet; THENCE, South 00008'36" East, a distance of 180.16 feet, to a point in the south line of said McNeill GP, LLC called 2.067 for an interior corner of the herein described tract, from which a 5/8 - inch iron rod found (with cap stamped "JAMA LLC") bears North 8957'34" West a distance of 41.00 feet; THENCE, South 89°57'34" East, a distance of 468.79 feet, along the south line of said McNeill GP, LLC called 2.067, to a 1/2 -inch iron rod found in the west right-of-way of said F.M. Highway 364 for the southeast corner of same; THENCE, South 00008'36" East, a distance of 124.55 feet, along the west right-of-way of -said F.M. Highway 364, to a 5/8 -inch iron rod found (with cap stamped "JAMA LLC") for an angle corner of the herein described tract; THENCE, South 01007'37" West, a distance of 428.40 feet, along the west right-of-way of said F.M. Highway 364, to the PLACE OF BEGINNING, CONTAINING 20.590 acres of land in Jefferson County, Texas, SAVE & EXCEPT the following described two tracts of land designated as "Exception Tract 1" and "Exception Tract 2" herein. EXCEPTION TRACT 1 - 5.120 acre tract Being a 5.120 acre tract of land as situated in the Almanzon Huston Survey, Abstract No. 33, Jefferson County, Texas and being out of and a part of a called 476.635 acres as conveyed from Barbara Gordon McNeill and William Alan McNeill (Grantor) to McNeill GP, L.L.C. by a Special Warranty Deed dated December 1, 2010 and filed for record under Clerk's File No. 2010044439 of the Jefferson County Official Public Records, said 5.120 acre tract being also a part of a an unrecorded Ground Lease dated effective May 1, 2014, from McNeill, LLC to Amelia Farm and Market, LLC, which ground lessee rights were assigned by Amelia Farm and Market, LLC to Lobeau Products, LLC. Said 5.120 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a in the west right-of-way of F.M. Highway 364 (right-of-way width varies), also known locally as Major Drive, for a southeast corner of said McNeill GP, L.L.C. called 476.635 acre tract and the northeast corner of a called 15.341 acre tract as conveyed to McNeill GP, L.L.C. by a Special Warranty Deed dated December 1, 2010 and filed for record under Clerk's File No. 2010043852 of the Jefferson County Official Public Records; THENCE, North 89°44'33" West, a distance of 1003.24 feet, along the north line of said McNeill GP, L.L.C. called 15.341 acre tract, to a 5/8 -inch iron rod found (with cap stamped "JAMA LLC") for the northwest corner of same, a southwest corner of said McNeill GP, L.L.C. called 476.635 acre tract, and the southwest corner of the herein described tract; THENCE, North 00004'07" West, a distance of 222.34 feet, over and across said McNeill GP, L.L.C. called 476.635 acre tract, to a point for the northwest corner of the herein described tract; THENCE, South 89044'33" East, a distance of 1002.95 feet, over and across said McNeill GP, L.L.C. called 476.635 acre tract, to a point in the west right-of-way of said F.M. Highway 364 and an east line of said McNeill GP, L.L.C. called 476.635 acre tract for the northeast corner of the herein described tract; THENCE, South 00008'36" East, a distance of 222.34 feet, along an east line of said McNeill GP, L.L.C. called 476.635 acre tract and the west right-of-way of said F.M. Highway 364, to the PLACE OF BEGINNNING, CONTAINING 5.120 acres of land. EXCEPTION TRACT 2 - 5.01 acre tract Being a 5.010 acre tract of land as situated in the Almanzon Huston Survey, Abstract No. 33, Jefferson County, Texas and being out of and a part of a called 15.341 acre tract as conveyed to McNeill GP, LLC by a Special Warranty Deed dated December 1, 2010 and field for record under Clerk's File No. 2010043852 of the Jefferson County Official Public Records, and out of and a part of a called 2.067 acre tract as conveyed to McNeill GP, LLC by a Special Warranty Deed dated December 1, 2010 and filed for record under Clerk's File No. 2010043855 of said Jefferson County Official Public Records. Said 5.010 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 -inch iron rod found (with aluminum cap) at the intersection of the north line of Dishman Road (60' wide apparent right-of-way) with the west right-of-way of F.M. Highway 364 (right-of-way width varies), also known locally as Major Drive for the southeast corner of said McNeill GP, LLC called 15.341 acre tract; THENCE, South 89°43'34" West, a distance of 537.38 feet, along the north line of said Dishman Road and the south line of said McNeill GP, LLC called 15.341 acre tract, to a 5/8 -inch iron rod set (with cap stamped "JAMA Group") for the most southerly southeast corner and PLACE OF BEGINNING of the herein described tract; THENCE, South 89°43'34" West, a distance of 60.00 feet, along the north line of said Dishman Road and the south line of said McNeill GP, LLC called 15.341 acre tract, to a 5/8 -inch iron rod set (with cap stamped "JAMA Group") for the most southerly southwest corner of the herein described tract, from which a 3/4 -inch iron rod found for the southwest corner of said McNeill GP, LLC called 15.341 acre tract bears South 89°43'34" West a distance of 214.01 feet; THENCE, North 00°02'26" East, a distance of 296.01 feet, over and across said McNeill GP, LLC called 15.341 acre tract, to a 5/8 -inch iron rod set (with cap stamped "JAMA Group") for an interior angle corner of the herein described tract; THENCE, North 89°57'34" West, a distance of 121.66 feet, over and across said McNeill GP, LLC called 15.341 acre tract, to a 5/8 -inch iron rod set (with cap stamped "JAMA Group") for the most westerly southwest corner of the herein described tract; THENCE, North 00002'26" East, a distance of 514.60 feet, over and across said McNeill GP, LLC called 15.341 acre tract, to a 5/8 -inch iron rod set (with cap stamped "JAMA Group") for the northwest corner of the herein described tract, located on the south line of a called 476.635 acre tract as conveyed to McNeill GP, LLC by a Special Warranty Deed dated December 1, 2010 and filed for record under Clerk's File No. 2010044439 of the Jefferson County Official Public Records and the north line of said McNeill GP, LLC called 15.341 acre tract; THENCE, South 89°44'33" East, a distance of 725.95 feet, along the north line of said McNeill GP, LLC called 15.341 acre tract and the south line of said McNeill GP, LLC called 476.635 acre tract, to a 5/8 -inch iron rod found (with cap stamped "JAMA Group") in the west right-of-way of F.M. Highway 364 for the most northerly northeast corner of the herein described tract, the northeast corner of said McNeill GP, LLC called 15.341 acre tract, and the southeast corner of said McNeill GP, LLC called 476.635 acre tract; THENCE, South 00°08'36" East, a distance of 71.57 feet, along the east line of said McNeill GP, LLC called 15.341 acre tract and the west right-of-way of said F.M. Highway 364, to a 5/8 -inch iron rod found (with cap stamped "JAMA Group") for a southeast corner of the herein described tract and the northeast corner of said McNeill GP, LLC called 2.067 acre tract, from which a 1/2 -inch iron rod found for reference bears South 89°57'34" East, a distance of 0.65 feet and a 1/2 -inch iron rod found for the southeast corner of McNeill GP, LLC called 2.067 acre tract bears South 00008'36" East a distance of 180.16 feet; THENCE, North 89°57'34" West, a distance of 468.79 feet, along a south line of said McNeill GP, LLC called 15.341 acre tract and the north line of said McNeill GP, LLC called 2.067 acre tract, to a 5/8 -inch iron rod found (with cap stamped "JAMA LLC") for a interior angle corner of the herein described tract; THENCE, South 00°08'36" East, a distance of 180.16 feet, over and across said McNeill GP, LLC called 2.067 acre tract, to a 5/8 -inch iron rod found (with cap stamped "JAMA Group") for an interior angle corner of the herein described tract located on the south line of said McNeill GP, LLC called 2.067 acre tract and a north line of said McNeill GP, LLC called 15.341 acre tract; THENCE, South 89°57'34" East, a distance of 130.71 feet, along the south line of said McNeill GP, LLC called 2.067 acre tract and a north line of said McNeill GP, LLC called 15.341 acre tract, to a point for a northeast corner of the herein described tract, from which a 1/2 -inch iron rod found in the west right-of-way of said F.M. Highway 364 for the southeast corner of McNeill GP, LLC called 2.067 acre tract bears South 89057'34" East a distance of 338.08 feet and a 5/8 -inch iron rod set (with cap stamped "JAMA Group") for reference bears South 0002'26" West a distance of 2.00 feet; THENCE, South 00°02'26" West, a distance of 260.13 feet, over and across said McNeill GP, LLC called 15.341 acre tract, to a 5/8 -inch iron rod set (with cap stamped;'JAMA Group") for the most easterly southeast corner of the herein described tract; THENCE, North 89057'34" West, a distance of 207.02 feet, over and across said McNeill GP, LLC called 15.341 acre tract, to a 5/8 -inch iron rod set (with cap stamped "JAMA Group") for an interior angle corner of the herein described tract; THENCE, South 00002'26" West, a distance of 295.68 feet, over and across said McNeill GP, LLC called 15.341 acre tract, to the PLACE OF BEGINNING, CONTAINING 5.010 acres of land in Jefferson County, Texas, for a total acreage of 10.460 acres herein described. All as generally depicted on the attached plat on the Eastern enlargement shown thereon.. May 16, 2017 Consider a resolution approving the purchase of 10 Console Operator Positions from Motorola Solutions Inc. for use in the Fire and Police Departments BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: May 16, 2017 REQUESTED ACTION: Council consider a resolution approving the purchase of 10 Console Operator Positions from Motorola Solutions Inc. for use in the Fire and Police Departments. BACKGROUND Pricing for the proposal was obtained through the Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program. H -GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H -GAC complies with the State of Texas procurement statutes. The Console Operator Positions are used in Fire and Police 911 centers to send and receive radio communications. The current Console Operator Positions are 19 years old and are close to end of service life. The project cost to replace all of the hardware, software and networking equipment necessary for the new Console Operator Positions will be $826,074.00. The project will be funded through the 2015 Port Security Grant Program (PSGP) which requires a 25% match. Council approved receiving 2015 PSGP funding on September 29, 2015 by approving Resolution 15-206. FUNDING SOURCE 2015 Port Security Grant Program and $206,518.50 in matching funds available in the Capital Reserve. RECOMMENDATION Approval of the resolution. MOTOROLA SOLUTIONS 3/1/2017 H -GAC Contract RA# 05-15 Beaumont PD MCC7500 Console Operator Positions $ 568,213.00 Includes MCC7500 Console operator positions (Qty 6) each with - MCC 7500 Operator Position Software - MCC 7500 Voice Processor Module (VPM) -Two (2) Headsets. -Two (2) Headset jacks. One (1) Desktop microphone. One (1) Dual-footswitch Beaumont FD MCC7500 Console Operator Positions Includes MCC7500 Console operator positions (Qty 4) each with - MCC 7500 Operator Position Software - MCC 7500 Voice Processor Module (VPM) -Two (2) Headsets. -Two (2) Headset jacks. - One (1) Desktop microphone. - One (1) Dual-footswitch Server and Networking Equipment Includes GGM8000 Site Gateway Routers, ECCGW's, Ethernet Switches, and Misc Rack Hardware System Integration Services $ 257,861.00 System Integration including Project Management, System Technologist, Engineering, installation, optimization, training and cutover planning for MCC7500 Operator Positions. Notes: Pricing based on final site walk Replaces all consoles currently installed at the sites Equipment list included in Statement of work RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of ten (10) MCC7500 Console Operator Positions for use by the Fire and Police Departments from Motorola Solutions, Inc., of Schaumburg, Illinois, in the amount of $826,074.00 through the Houston - Galveston Area Council (H -GAC) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of May, 2017. - Mayor Becky Ames - 11 May 16, 2017 Consider a resolution approving the purchase of body worn cameras from WatchGuard for use in the Police Department BEAUMONT TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: I���l K!'1ZI111►11. City Council Kyle Hayes, City Manager Bart Bartkowiak, Chief Technology Officer May 16, 2017 Council consider a resolution approving the purchase of body worn cameras from WatchGuard for use in the Police Department. Pricing was obtained through the State of Texas Department of Information (DIR). DIR provides cities and political subdivisions with the means to purchase information technology at volume prices contracted under the procurement statutes of the State of Texas. The Body -Worn Camera Program grant for the Police Department will provide 141 body cameras including chargers, switches, transfer stations and mounting equipment for cars. The total project cost for 141 body cameras is $162,880. Council approved applying for and receiving Body -Worn Camera Program Grant funding through the Office of the Governor Criminal Justice Division in Resolution 16-125 on July 12, 2016. This funding requires a 25% match. FUNDING SOURCE Body -Worn Camera Program Grant - $130,300 in grant funds with $32,580 in matching funds available in the Capital Reserve. RECOMMENDATION Approval of the resolution. WATCH r GUARD CUSTOMER: Beaumont Police Department . ATTENTION: Justin Hidalgo PHONE: 409-832-1234 E-MAIL: 4RE and VISTA Proposal VISTA HD Cameras and Options 4RE/VISTA Price Quote . ISSUED: 5/7/2017 12:28 PM EXPIRATION: 8/31/2017 10:00 AM — -!v7 TOTAL PROJECT ESTIMATED AT $1r62 880.00 ' SALES CONTACT: Dave Childress DIRECT: (281) 782-2544 E-MAIL: DChildress@WatchGuardVideo.com Part Number Detail Qty Direct Discount Total Price VISTA HD Wi-Fi Extended Capacity Wearable _ Camera with 9 hours continuous HD recording. VIS-EXT-WIF-001 Includes one camera mount, 32 GB of storage, 103.00 $1,195.00 $95.00 $113,300.00 Wi-Fi docking base, cables and 1 year HDW-ETH-SWT-005 VISTA HD, 4RE, Smart PoE Switch 103.00 $195.00 $0.00 $20,085.00 VIS-CHG-BSE-KIT VISTA Charging Base Kit, incl. Power and USB 141.00 $95.00 $0.00 $13,395.00 Cables VIS-VTS-DTC-001 VISTA Transfer Station Assy, for 8 Cameras, 5.00 $1,495.00 $0.00 $7,475.00 Ethernet VIS-EXT-WIF-001 VISTA HD WiFi Additional Camera Only 38.00 $995.00 $95.00 $34,200.00 VISTA HD Warranties Part Number Detail Qty Direct Discount Total Price WAR -VIS -CAM -1ST Warranty, VISTA 1st Year (Months 1-12) 141.00 $0.00 $0.00 $0.00 Included WatchGuard Video Technical Services Part Number Detail Qty Direct Discount Total Price Trade In existing HiFi mics and cradles 1.00 28,000.00 i $0.00 T $-28,000.00 Shipping and handeling charges 1.00 $2,425.00 $0.00 $2,425.00 Shipping and Handling Part Number Detail Qty Direct Discount Total Price Freight Shipping/ Handling and Processing Charges 1.00 $2,215.00 $2215.00 $0.00 415 Century Parkway • Allen, TX • 75013 Toll Free (800) 605-6734 • Main (972) 423-9777 • Fax (972) 423-9778 www.WatchGuardVideo.com $162,880.00 Page 1 of 2 WRTCH ti GURRD Configuration Discounts 4RE/VISTA Price Quote Total Estimated Tax, may vary from State to State $0.00 $13,395.00 Additional Quote Discount $0.00 Total Amount: $t62;880.00] NOTE: This is only an estimate for 4RE ft VISTA related hardware, software and WG Technical Services. Actual costs related to a turn -key operation requires more detailed discussion and analysis, which will define actual back-office costs and any costs associated with configuration, support and installation. Please contact your sales representative for more details. To accept this quotation, sign, date and return with Purchase Order: 415 Century Parkway • Allen, TX • 75013 Toll Free (800) 605-6734 • Main (972) 423-9777 • Fax (972) 423-9778 www.WatchGuardVideo.com DATE: Page 2 of 2 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of body -worn cameras for use by the Police Department from WatchGuard, of Allen, Texas, through the State of Texas Department of Information Resources (DIR) contract, in the amount of $162,880.00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of May, 2017. - Mayor Becky Ames - WORK SESSION Review and discuss the utilization of a Federal earmark on Dowlen Road between US 69 and College . -"-""`^gyp 1 4. ♦ .�.•r � � � s •'ST RAE EST k � r; �:} '� rt"�y¢e'"66., ti � *�}l.� ,may, •9{� tt�.rJ. � f� +�. ` :i�dw4 . J . tiMM'wJ"FLLw p�� � f•M Y.Iet �"L�� �t� � ; • i�"•� •.• Oy eb .�:T �ef1r` .!;� LWx;,�-��.�,I �`7 �-+st �p�`i•T( f«t� v`a � +j} �k .� F 1 it Ar el 5. Jy. �:-S.,�r. c�. �t�r R h1 � #{ i Oiy y p� V■ X i r ^'�i l�; ,Jy 1 y�55,,�,.jt nr ' �Yt R� ! �� � �' Y. 1 •,. t � C iii . _�� • _ °� .�. �, .t"� �. 1..� Construction Estimate = $3,200,000 Dowlen Road resurface project will consist of removal of damaged road sections and curb and gutter. Once base repairs are completed an asphalt concrete pavement will be placed. Sidewalks along the East side of Dowlen Road will be installed along with ADA compliant curb ramps. 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