HomeMy WebLinkAboutRES 74 175LL;7/cb 11' "U-04 Tr 20 5/9/74
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R E S &L U T I O N
WHEREAS, the City Council of The City of Beaumont deems
it necessary to place, construct, operate, repair, rebuild,.re-
place, relocate and remove the sewer line and access manholes,
hydrants, and other appurtenances, in The City of Beaumont, Jef-
ferson County, Texas; and,
WHEREAS, said City Council has found that public neces-
sity requires the placement, construction and operation of the
sewer line on the hereinafter described. property; and,
WHEREAS, said City Council deems it necessary to acquire
an easement in, under and across the hereinafter described pro-
perty for said placement, construction, operation, repair, re-
building, replacing, relocation and removal of a sewer line, 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
owners of the hereinafter described property, and claimant of
interest herein, Proceedings in Eminent Domain to acquire an
easement for said purposes in, under and across the following de-
scribed land situated'in Beaumont, Jefferson County, Texas to -wit:
TRACT NO. 1
BEING two (2) twenty foot (20') wide strips
of land out of the C. Williams Survey, Ab-
stract 59, Jefferson County, Texas, said
strips of land. being out of a 2.7 acre tract
conveyed from Fred Borden to Pete D. Johnson
by deed dated March 23, 1971., and recorded
in Volume 1675, Page 462 of the Deed Records
of Jefferson County, Texas, the herein de-
scribed twenty.foot (20') strips of land
being off the west side of said 2.7 acre
tract and lying parallel to and adjacent to
the eighty .foot (80') Jefferson County
Drainage District #6 Amelia Cut-off right-
of-way, the East forty feet (40') of said
right-of-way having been granted to Jeffer-
son County Drainage District #6 by Grover
Seagraves by deed.dated November 20, 1961
and recorded in Volume 1288, Page 76 of
the Deed Records of Jefferson County, Texas,
said twenty foot (20') strips of land there
being ten feet (10') on either side of the
following described centerline to wit as
EASEMENT NUMBER ONE;
BEGINNING at a point in the south line of
the aforementioned 2.7 acre tract of land,
said point being located one hundred seven-
teen and seven tenths feet (117.7') Westerly
from an iron pipe at the southeast corner
of said 2.7 acre tract and ten feet (10')
Easterly and at right angles to the east
line of the aforementioned eighty foot (80')
Amelia Cut-off right-of-way;
THENCE along the centerline of the herein
described easement in a northerly direction
parallel to and ten feet (10') perpendicular
distance from the east line of said eighty
foot �(80') Amelia Cut-off right-of-way one
hundred ninety and fifty-five hundredths
feet (190.55') more or less to a point in
the south right-of-way line of Calder Avenue,
said point being southeasterly along the said
south right-of-way line of Calder Avenue,
three hundred eighty-one and ninety-four
hundredths feet (381.94') from an old axle
marking the northwest corner of the Jake
J. Daleo 1.65 acre tract described in deed
dated April 16, 1952 and recorded in Volume
854, Page 452 of the Deed Records of Jef-
ferson County, Texas, and said point also
being the end of the herein described
centerline of EASEMENT NUMBER ONE, con-
taining 0:087 acres of land, more or less;
EASEMENT NUMBER TWO:
BEGINNING at the point of intersection of
the north right-of-way line of Calder
Avenue with the northerly projection of
the herein above described centerline of
Easement Number One, said point of inter-
section being ten feet (10') perpendicular
distance from and measured at right angles
to the east line of said eighty foot (80')
wide Jefferson County Drainage District #6
Amelia Cut-off right-of-way;
THENCE North along the centerline of said
twenty foot (20') wide easement parallel
to and ten feet (10') perpendicular dis-
tance from the east line of the eighty
foot (80') Jefferson County Drainage Dis-
trict #6 Amelia Cut-off right-of-way for
a distance of five hundred two and zero
hundredths feet (502.00') more or less to
a point for corner in the south line of
the abandoned Missouri -Pacific right-of-
way, a right=of-way of fifty foot (50')
width, same being the north line of said
2.7 acre tract, said point being the end
of the herein described centerline.
CONTAINING 0.230 acres of land, more or less.
TRACT NO. 2
A fifty foot (50') strip of land adjacent
to and East of Tract IP 1 hereinabove de-
scribed extending the entire length of the
owner's property insofar as owner's pro-
perty is adjacent to Tract # 1.
Tract No. 2 hereinabove described is a temporary easement
and shall terminate when the work of constructing the sewer line
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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 de-
scribed 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 /0 _day of .May..; 1974.
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