HomeMy WebLinkAboutRES 74 118R 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-
drants, 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 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 0.8 acre
tract of land conveyed from Mattie Outlaw to B. F.
Pye by deed dated January 1, 1921 and recorded in
Volume 253, Page'488 of the Deed Records of.Jeffer-
son County, Texas, and being further out of that
0.8 acre tract of land conveyed to Mrs. E. Pearl
Pye, widow of B. F. Pye in Probate #8175, the cen-
terline of said twenty foot (20') strip of land,
there being ten feet (10') on either side, being
more fully described,_as follows:
BEGINNING at a point in the south line of said 0.8
acre tract of land and in the north line of the
eighty foot (80') Jefferson County Drainage District
#6 Amelia Cut-off right-of-way, conveyed to Jeffer-
son County Drainage District #6 by E. Pearl Pye by
deed recorded in Volume 1358, Page 139 of the Deed
Records of Jefferson County, Texas, westerly along
the common line'of said 0.8 acre tract and said
eighty foot (80') right-of-way, nineteen and fifty-
seven hundredths feet (19.57') from the northeast
corner of said eighty foot (80') right-of-way and
the southeast corner of said 0.8 acre tract;
THENCE North sixty-three de rees eight minutes forty-
seven seconds West (N 63008 47"W), eighty-three and
ninety-four hundredths feet (83.94') to a point -
approximately fifty feet (50') North of Lte center-
line of Jefferson County.Drainage District #6 Keith
Ditch for corner;
THENCE continuing approximately fifty feet (50')
Northerly from the approximate centerline of Jeffer-
son County Drainage District #6 Keith Ditch, South
eighty-six degrees seventeen minutes fourteen seconds
West (S 86°17'14" W), one hundred twenty-two and
twelve hundredths feet (122.12') to a point for corner;
THENCE continuing approximately fifty feet (50')
Northerly from the approximate centerline of said
Keith Ditch, North seventy-nine degrges fifty-seven
minutes forty-six seconds West (N 79 57'46" W), one
hundred thirteen and forty-two hundredths feet (113.
42') more or less to a point for the end of the -herein
described centerline, said point being located in the
west line of the aforementioned E. Pearl Pye 0.8 acre
tract of land and in'the east line of the R. D. Crowell
9.19 acre tract described in Volume 239, Page 476 of the
Deed Records of Jefferson County, Texas, said point be-
ing further located southerly along the common line of
the E. Pearl Pye 0.8 acre tract and the R. D. Crowell
9.19 acre tract, one hundred thirty and twelve hundredths
feet (130.12') from a 1" pipe at the most southerly
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
. 9
TRACT N0. 2
A fifty foot (50') strip of land adjacent to and
east of Tract No. 1 hereinabove described extend-
ing the entire length of the owner's property in-
sofar 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 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.
PASSED BY THE CITY COUNCIL [:his..Ql2Q day of April, 1974.
- Mayor -
ATTEST:
- City Clerk -