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HomeMy WebLinkAboutRES 74 117--7q- #7 R 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-adquire:same for said purpose-s;,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 NO. 1 BEING a twenty foot (20') wide strip of land out of the H. .Williams Survey, Abstract 56, Beaumont, Jef- ferson County, Texas, said strip of land and the continuations or projections thereof, insofar as same may be embraced within that certain 9.19 acre tract of land conveyed by the heirs of J. S. Crowell to'R. D. Crowell by deed dated September 15, 1927 and recorded in Volume 293, Page 476 of the Deed Records of Jefferson County, Texas, the centerline of said twenty foot (20') wide strip of land, there being ten feet x(10') on either side:,, being more fully described as follows: BEGINNING at a point in the east line of said 9.19 acre tract, said.east line being.also the west line of a 0.8 acre tract of land conveyed to Mrs. E. Pearl Pye in Probate #8175, said point being south- erly along the common line, one hundred thirty and twelve hundredths feet (130.12') from a l" pipe at a southeast corner of a_46.45 acre tract conveyed from Gilbert T. Adams to Don Streety Enterprises, Inc. by deed recorded in Volume 1740, Page 416 of the Deed Records of,Jefferson County, Texas; THENCE Northerly approximately fifty feet (50') distant from the approximate centerline of -Jefferson County Drainage District #6 Keith Ditch, the follow- ing 'courses or distances; North seventy-nine ',forty-six seconds hundred sixty-five feet (265.45') to degrees fifty-seven minutes West (N.79057'46" W), two. and forty-five hundredths corner; North fifty-eight degrees fifty-eight minutes three seconds West (N 58058'03" W), one hun- dred forty-one and thirty-eight hundredths feet (141.38') to corner; North forty-nine degrees twenty-six minutes -forty-five seconds West (N 49026'45" W), ten feet (10') to a.point in_the north line of said R. D. Crowell 9.19 acre tract for the end of the herein described centerline, said point being located -.Easterly along said north line one hundred forty and three.hundredths feet (140.03') from a pipe at the northwest corner of said 9.19 acre tract and�the most easterly northeast corner of the Melvin Cummins et ux l acre tract described in Volume 1116, Page 516 of the Deed Records'of Jefferson County, Texas;. CONTAINING 0.191 acres of land, more or less. TRACT NO. 2 A fifty. foot (50') strip of land adjacent . to and northeast 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. 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 per- mitted to use the areas covered by the foregoing permanent and tempo- rary 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 tempo- rary dumps of excavated soil and construction materials, and to do whatever else is necessary to construct the sewer. ATTEST: PASSED BY THE CITY COUNCIL this 71& day of April, 1974. - City Clerk - -Mayor -