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HomeMy WebLinkAboutRES 18-136RESOLUTION NO. 18-136 WHEREAS, Beaumont Independent School District (BISD) has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.0107 acre of land situated in the James W. Bullock Survey, Abstract No. 7, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for a new classroom addition at Beaumont United High School located at 3443 Fannett 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 is in the best interest of the City of Beaumont 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 Beaumont Independent School District (BISD), being a 0.0107 acre of land situated in the James W. Bullock Survey, Abstract No. 7, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of June, 2018. Uj It �S, - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, BEAUMONT INDEPENDENT SCHOOL DISTRICT, of the County of Jefferson, State of Texas, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to it 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, an easement to use, repair, alter, and maintain a single underground water line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A & B", attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate the water line as needed for Grantor's use of the property provided the relocation is at Grantor's expense and approved by the City of Beaumont's Water Utilities Director or similarly -titled representative. The easement herein granted shall be used for the purpose of operating, repairing, rebuilding, replacing, relocating, and removing a water line as needed for operation of Grantor's facilities on the property. The easement shall be exclusive insofar as use of the easement land for underground utilities is concerned, but Grantor reserves the right to use the surface of the EXHIBIT "A" easement land for vehicular parking, driveways, landscaping, fencing, and other surface uses that will not interfere with or damage the water line. Grantor shall have the right to pave all or any portion of the surface of the easement land, but no permanent structures or buildings will be constructed on the easement land. Grantor will install the water line at a depth that will not be damaged by the contemplated use of the surface by Grantor. It is expressly understood and agreed that the City of Beaumont shall have the right of access to the water line and appurtenances at all reasonable times to improve, maintain and operate the same as permitted by law, and will attempt to use existing driveways and that portion of Grantor's property that is immediately adjacent to the water line. Non -emergency maintenance and repairs will be with 48 hours prior notice to Grantor. Grantor will be responsible for the initial installation or construction of the water line on Grantor's property in accordance with the plans and specifications included in the utility plan at Grantor's expense. After initial construction of the water line and acceptance by Grantee, Grantee will be responsible for maintenance and repair of the water line and appurtenances at Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the water line that will interfere with the use of the Easement for water line purposes. Grantee shall not be responsible for the repair and replacement of any paving or other structures that may be damaged by Grantee's non -negligent maintenance or repair of the water line and appurtenances. 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 day of , 2018. BEAUMONT INDEPENDENT SCHOOL DISTRICT Dr. John W. Frossard, Superintendent ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared Dr. John W. Frossard, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT SCHOOL DISTRICT, and that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2018. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 Fittz & Shipman INC. Ronald D. Fittz, P.E, R.P.LS. (1948-1987) Terry G. Shipman, P.E., Senior Consultant Billy J. Smith, Jr., President Daniel A. Dotson, P.E., Vice President Centerline Description of a 10' wide Waterline Easement: Consulting Engineers and Land Surveyors Donald R. King, P.E. Bernardino D. Tristan, P.E. Jason R. Davis, P.E. Mitchell L Brackin, R.P.LS. Exhibit "A" June 6, 2018 BEING a 10' wide waterline easement containing 0.0107 acres of land lying in the JAMES W. BULLOCK SURVEY, Abstract No. 7 in Jefferson County, Texas, being out of and a portion of Block No. 2 of the Dixie Gardens, Third Addition of record in Volume 8 on Page 69 of the Map Records of Jefferson County, Texas and being out of and a portion of that certain tract of land conveyed to Beaumont Independent School District (BISD) referenced as Geographic ID No. 016700-000-001000-00000-6 in Jefferson County Appraisal District Records of Jefferson County, Texas, centerline of said 10' wide waterline easement being more particularly described as follows: COMMENCING at a point on the West right-of-way line of South 4t' Street (a public roadway), said point having Texas State Plane Coordinate values of N: 13,962,669.65 and E: 3,513,335.16, being in the East line of said BISD tract and being the beginning point of a 10' wide Exclusive Waterline Easement of record in County Clerk's File No. 2011027900 of the Official Public Records of Jefferson County, Texas; THENCE S 86042'58" W along and with the centerline of said 10' wide Exclusive Waterline Easement for a distance of 77.01 feet to an angle point; THENCE N 68°59'26" W along and with the said 10' wide Exclusive Waterline Easement for a distance of 7.86 feet to a point on the centerline of the 10' wide Exclusive Waterline Easement; THENCE S 20058'08" W, over and across the said 10' wide Exclusive Waterline Easement for a distance of 5.00 feet to the POINT OF BEGINNING of the herein described centerline, having Texas State Plane Coordinate values of N: 13,962,663.42 and E: 3,513,249.17 and being the Easternmost centerline point; THENCE S 20058'08" W, over and across the said BISD tract and with the centerline of the herein described 10' wide waterline easement for a distance of 9.58 feet to an angle point on the herein described centerline; THENCE S 48051'04" W, over and across the said BISD tract and with the centerline of the herein described 10' wide waterline easement for a distance of 36.91 feet to the POINT OF TERMINATION of the herein described centerline easement, containing in area, 0.0107 acres of land, more or less. Plat of even date accompanies this Field Note Description. Fittz & Shipman, INC—Job No. 18037.0001_SV Water Easement 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 • Fax (409) 832-7303 Texas Board of Professional Engineers Firm No. 1160 • Texas Board of Professional Land Surveyors Firm No. 100185 Exhibit "B" �/7/7 Wa QUaaocga �vaecr� Lot 3A° \ \ \ a3al oR 0(0./ \ \ Dixie Gardens, Third — Block 2 / P.O.T \ \ Subdivision of Record N: 13,962,630.18 \ V 8, P 69 MRJCT / E. 3,513,217.95 / \\ \ \ Lot 2 Subject Property / 0 10 0 0.0107 Acres tS 48'51'04" W .91' \ S C A L E POC = POINT OF COMMENCING \ POB = POINT OF BEGINNING \ \ �O- \ \ / POT = POINT OF TERMINA77ON V rop. Concrete Pavements & \Sidewalks Lot 13 P O.B. \ �\ N: 13,962,663 42 00 E. 3,513,249.17 o+cSBs \ \ \O\� 4y 4!y \ Lot 1 Line Table Line # Direction Length L7 N68'59'26"W 7.86 L2 S20'58'08"W 5.00 L3 S20 -58.08"W 9.58 \T� Ix \ \ \ e \ I / T /Beaumont Independent School District �� P 0. C. Geographic ID No. / �Z N:13,962,669.65 / 016700-000-001000-00000-6 JCAD Cj E. 3,513,335.16 Prop. Bldg / \ 10' wide Exclusive Waterline Easement CCF No. 2011027900 Lot 14 ��r OPRJCT CO / Notes: 1. Field Note Description of even date accompanies this plat. / 2. Coordinates and bearings are derived from Texas State Plane Coordinates values — South Central Zone No. 4204. OF �. �Q 9�- hL�F X111 / . / Mitchell Lee Brackin .......................... 16 <9,1,0 FES S\..-* Y SURA` vn�2== Mitchell Lee Brackin Registered Professional Land Surveyor No. 5163 q:\PROJECTS\18037 — BISD High School Add Clas ours\Survey\18037.001_SV_WATER EASEMENT.dwg Jun 06, 2018 12.37pm F h� ;m�an� 10' Wide WatEw Easement SHT. NO. PROJECT NAME: Ozen High School S1 Co>Fagnuasand Land bSuMo;•s 3443 Fannett Road 1405 CORNERSTONE COURT, BEAUMONT, TEXAS Beaumont, Texas 77705 PROJECT NO. PH (409) 832-7238 FAX (409) 832-7303 18037.000] T5 T.B.P.E. FIRM #1160 e T.X.L.S. FIRM 4100186 © COPYRIGHT 2018 FIT7Z & SHIPMAN, INC, DATE: Jun 06, 2018 STATE OF TEXAS X COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, BEAUMONT INDEPENDENT SCHOOL DISTRICT, of the County of Jefferson, State of Texas, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND N01100 DOLLAR ($1.00), and other good and valuable consideration to it 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. 0. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, an easement to use, repair, alter, and maintain a single underground water line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A & B", attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate the water line as needed for Grantor's use of the property provided the relocation is at Grantor's expense and approved by the City of Beaumont's Water Utilities Director or similarly -titled representative. The easement herein granted shall be used for the purpose of operating, repairing, rebuilding, replacing, relocating, and removing a water line as needed for operation of Grantor's facilities on the property. The easement shall be exclusive insofar as use of the easement land for underground utilities is concerned, but Grantor reserves the right to use the surface of the easement land for vehicular parking, driveways, landscaping, fencing, and other surface uses that will not interfere with or damage the water line. Grantor shall have the right to pave all or any portion of the surface of the easement land, but no permanent structures or buildings will be constructed on the easement land. Grantor will install the water line at a depth that will not be damaged by the contemplated use of the surface by Grantor. It is expressly understood and agreed that the City of Beaumont shall have the right of access to the water line and appurtenances at all reasonable times to improve, maintain and operate the same as permitted by law, and will attempt to use existing driveways and that portion of Grantor's property that is immediately adjacent to the water line. Non -emergency maintenance and repairs will be with 48 hours prior notice to Grantor. Grantor will be responsible for the initial installation or construction of the water line on Grantor's property in accordance with the plans and specifications included in the utility plan at Grantor's expense. After initial construction of the water line and acceptance by Grantee, Grantee will be responsible for maintenance and repair of the water line and appurtenances at Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the water line that will interfere with the use of the Easement for water line purposes. Grantee shall not be responsible for the repair and replacement of any paving or other structures that may be damaged by Grantee's non -negligent maintenance or repair of the water line and appurtenances. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEALMONT, its successors and assigns forever. EXECUTED this 21 day of June , 2018. STATE OF TEXAS BEAUMONT INDEPENDENT SCHOOL DISTRICT ACKNOWLEDGMENT r-4 COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT SCHOOL DISTRICT, and that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 21 dayJune of 2018. THERESA FLATAU dotary Public, State of Texas 1644/ Comm. Expires 04-28-2020 Notary Public, State of Texas Notary ID 130641663 RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 Fittz & Shipman NC Ronald D. Fittz, RE, R.P.LS. (1948-1987) T-e 7,G. S-hipman,-P:E7-Senior eonsultan Billy J. Smith, Jr., President Daniel k Dotson, P.E., Vice President Centerline Description of a 10' wide Waterline Easement: Consulting Engineers and Land Survevors Donald R. King, P.E. Jason R. Davis, P.E. Mitchell L Bracidn, R.P.LS. Exhibit "A" " Jame 6, 2018 BEING a 10' wide waterll ne easement containing 0.0107 acres of land lying in the JAMES W. BULLOCK SURVEY, Abstract No. 7 in Jefferson County, Texas, being out of and a portion of Block No. 2 of the Dixie Gardens, Third Addition of record in Volume 8 on Page 69 of the Map Records of Jefferson County, Texas and being out of and a portion of that certain tract of land conveyed to Beaumont Independent School District (BISD) referenced as Geographic ID No. 016700-000-001000-00000-6 in Jefferson County Appraisal District Records of Jefferson County, Texas, centerline of said 10' wide waterline easement being more particularly described as follows: COMMENCING at a point on the West right-of-way line of South 0' Street (a public roadway), said point having Texas State Plane Coordinate values of N: 13,962,669.65 and E: 3,513,335.16, being in the East line of said BISD tract and being the beginning point of a 10' wide Exclusive Waterline Easement of record in County Clerk's File No. 2011027900 of the Official Public Records of Jefferson County, Texas; THENCE S 861142'58" W along and with the centerline of said 10' wide Exclusive Waterline Easement for a distance of 77.01 feet to an angle point; THENCE N 68°59126" W along and with the said 10' wide Exclusive Waterline Easement for a distance of 7.86 feet to a point on the centerline of the 10' wide Exclusive Waterline Easement; THENCE S 20158'08" W, over and across the said 10' wide Exclusive Waterline Easement for a distance of 5,00 feet to the POINT OF BEGINNING of the herein described centerline, having Texas State Plane Coordinate values of N: 13,962,663.42 and E: 3,513,249.17 and being the Easternmost centerline point; THENCE S 20°58'08" W, over and across the said BISD tract and with the centerline of the herein described 10' wide waterline easement for a distance of 9M feet to an angle point on the herein described centerline; THENCE S 48051104" W, over and across the said BISD tract and with the centerline of the herein described 10' wide waterline easement for a distance of 36.91 feet to the POINT OF TERNHNATION of the herein described centerline easement, containing in area, 0.0107 acres of land, more or less. Plat of even date accompanies this Field Note Description. Fittz & Shipman, INC Job No. 18037.0001_SV_Water Easement 1405 Cornerstone Court - Beaumont, Texas 77706 - (409) 832-7238 - Fax (409) 832-7303 Texas Board of Professional Engineers Firm No.1160 - Texas Board of Professional Land Surveyors Firm No.100186 Exhibit 991J" W` o 0VLS1SQ)0W ODUR ll Lot 3 \ \ Dixie Gardens, Third — Block 2 / P Q T. \� \ Subdivision of Record N. 13,962,630.15 \ V 8, P 69 MRJCT / E. 3,513,217.95 / \\ \ \ Lot 2 / / \ Subject Property / 0 10 20 0.0107 Acres \ POC = POINT OF COMMENCING POB = POINT OF BEGINNING POT POINT OF TERMINATION Prop. Concrete Pavements & / \Sidewalks 0 Lot 13 Prop. Bldg N. 13, 962, 663.42\C'c, S, ,E. 3,513,249.17 Lot 1 9 ^i• O 1-1 Line Table Line # Direction Length L1 N68'59'26" W 7.86 L2 S20M'OeW 5.00 1-3 1 S20`58'08-W 1 9.58 / 4T / Beaumont Independent School District - P. 0.C. Geographic ID No. / x� N:13,962,669.65 / 018700-000-001000-00000-6 JCAD Gj E. 3,513,335.16 10' wide Exclusive Waterline Easement CCF No. 2011027900 Lot 14 �r OPRJCT �0� Notes: 1. Field Note Description of even date accompanies this plat. 2. Coordinates and bearings are derived from Texas State Plane Coordinates values — South Central Zone No. 4204. / 'W6Ln srfRF F ,Mitchell Lee Brackin ..5163..�.:. s 4� •S U R`�F"� I Q:\PROJECTS\18037 — BISD High School Add 1405 CORNERSTONE COURT, BEAUMONT, TEXAS PH (409) 832-7238 FAX (409) 832-7303 T.B.P.E. FIRM #1160 e T.X.LS. FIRM #100186 Mitchell Lee Brackin Registered Professional Land Surveyor No. 5163 ey\18037.001—SV_WAlER EASEMENT.dwg Jun 06, 2018 12:37pm I ou W8CIED W.-RtEw PROJECT NAME: Ozen High School 3443 Fannett Road Beaumont, Texas 77705 © COPYRIGHT 2018 FIT Z & SHIPMAN, INC. DATE: Jun 06, 2018 FILED AND RECORDED I OFFICIAL PUBLIC RECORDS I I i Carolyn L. Guidry, -County Cli;rk Jefferson County, lfexas June 27, 2018 12:54:51 PIA - FEE: $42.00 . - 2018022653 I