HomeMy WebLinkAboutRES 74 120RES GLUT 10,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, •reloca tion and remova. '.of water and. sewer lines, and the s aid
City.,,Council has found and determined that the easement in, under
and across the hereinafter described land-is suited for such purposes
and that i-t is-necessary-to-acquire same -for said-purposes; an-'
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.the.reof 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:
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TRACT NO. 1
BEING a 0.284 acre tract of land out of the A. Savery Survey,
Abstract 46, in the City of Beaumont, County of Jefferson, State
of Texas:
ALL THAT CERTAIN tract or parcel of land out of Lot 16, Block 1,
of, the Wescalder Fig Acre Subdivision to the City of Beaumont as
recorded in Book_ 4, Page 149, of the -Map Records of Jefferson
County, Texas, said Lot being that lot conveyed from Tyrrell
Combest Realty Company to James (Jimmie) Wallace by deed dated
February 21, 1942, and recorded in Volume 506, Page 615 of the
Deed Records of Jefferson County, Texas, the herein described
tract or parcel being a fifteen foot (15') strip of land parallel
and adjacent to the south line of said Lot 16, Block 1 and extending
for a distance of eight hundred twenty-five feet (825'), more or
less, from the east right of way of Wescalder Avenue eastward to the
west line of an existing drainage easement as recorded on the plat
of record of Wescalder Fig Acres;
CONTAINING IN AREA 0.284 acres of land, more or less.
TRACT N0. 2
A fifty foot (50') strip of land adjacent to and north 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
a11:�'_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 nC-day of April, 1974.
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