HomeMy WebLinkAboutRES 74 116R E S O L U T I O N
WHEREAS, the City Council of The City of Beaumont deems it
necessary to place, construct, operate, repair, rebuild, replace,
relocate and remove water and sewer lines and access manholes, hy-
drams, and other appurtenances, in The City of Beaumont, Jefferson
County, Texas; and,
WHEREAS, said City Council has found that public necessity
requires the placement, construction and operation of water and
sewer lines on the hereinafter described property; and,
WHEREAS, said City Council deems it necessary to acquire an
easement in, under and across the hereinafter described property for
said placement, construction, operation, repair, rebuilding, replac-
ing, relocation and removal of water and sewer lines, and the said
City Council has found and determined that the easement in, under
and across the hereinafter described land is suited for such purposes
and that it is necessary to acquire same for said purposes; and,
WHEREAS, The City of Beaumont, through its duly authorized
representatives, has negotiated with the owners of the hereinafter
described land and has been unable to agree with the owners of such
property as to the fair cash value thereof and damages, if any, NOW,
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT, TEXAS:
THAT Kenneth Wall, City Attorney, be, and he is hereby,
authorized and directed to file or cause to be filed against all own-
ers of the hereinafter described property, and claimants of interest
therein, Proceedings in Eminent Domain to acquire an easement for
said purposes in, under and across the following described land
situated in Beaumont, Jefferson County, Texas, to -wit:
TRACT N0, 1
BEING a 0.252 acre tract of land out of the C. Williams Survey,
Abstract 59, Beaumont, Jefferson County, Texas, said tract being
a twenty foot (20.') strip of land out of Lots 3 and 4, Block 4
of the Dishman Addition to the City of Beaumont, described in
deed from Samuel L. Bryant et ux, A. Lloyd Byram et ux, and
David H. Swain et ux to Bryant, Byram and Swain, a partnership,
dated October 9, 1970 and recorded in Volume 1656, Page 338 of the
Deed Records of Jefferson County, Texas, the plat of said Dishman
Addition being filed in Volume 5, Page 172 of the Map_ Records of
Jefferson County, Texas;
BEGINNING at a point in the north right-of-way line of College
Street,, U. S. Highway 90, said point being the southeast corner
of Lot 4'and the southwest corner of Lot 3, Block 4 of the Dishman
Addition;
THENCE in a northerly direction with the common line between
Lots 3 and 4 for a distance of five hundred forty-eight and
nine tenths feet (548.9') to an old 1" pipe in the south right-of-
way line of a one hundred foot (100') -Southern Pacific Railroad
right-of-way, said old.l" pipe being located westerly, a distance of
two hundred eighty-four and four tenths feet (284.4') along the
southerly right-of-way line of said Southern Pacific Railroad
right-of-way from a-3/4" pipe at the northeast corner of Lot 1,
Block 4 of the Dishman Addition;
CONTAINING IN AREA 0.252 acres of land, more or less.
TRACT NO. 2
A fifty foot (50') strip of land adjacent to and West of
Tract No. 1 hereinabove described extending the entire length -
of the owner's property insofar as said owner's property is
adjacent to Tract No. 1.
Tract No. 2 hereinabove described is a temporary easement and shall
terminate.when the work of constructing the sewer line is completed and
all excavated soil, construction refuse, vehicles, tools, equipment and
materials have been cleaned up and'removed from the premises.
PROVIDED, however, that the owners of said land shall be permitted
to use the areas covered by the foregoing permanent and temporary
easements for any purposes that will not interfere therewith;
AND PROVIDED further that the temporary easement shall be for
the purpose of permitting the agents and employees of Plaintiff and
of Plaintiff's contractors to enter upon the.hereinabove described
property, to move thereon vehicles, tools and equipment to make temporary
dumps of excavated soil and construction materials, and to do whatever
else is necessary to construct the sewer.
PASSED BY THE CITY COUNCIL this {'j(r) day of -April, 1974.
ATTEST:
City Clerk -
Mayor -