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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
sewer lines and access manholes 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 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, replacing, relocation and re,
moval of sewer lines, and the said City Council has found and determined that
the easements 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 represen,
tatives, has negotiated with the owners of the hereinafter described land and
has been unable to agree with the owners of such 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, NOWT 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 herein-
after 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:
YII.LGtIt MGC
BEING a 0.670 acre tract or parcel of land out'of
the C. WILLIAMS SURVEY, Abstract 59, City of Beau-
mont, County of Jefferson, State of Texas, said
tract or parcel of land being part of that certain
100 acre tract, deeded from W. T. KEMPERy ET AL,
to S. L. GUINN by deed dated May 11, 1920, and re-
corded in Volume 196, Page 522, Deed Records of
Jefferson County, Texas, and also being a part of
Tract Number 3 of 54.56 acres out of those tracts
deeded from IVY GUINN:TJONES to IVY GUINN JONES
LIVING TRUST by deed dated November 9, 1971, and
recorded in Volume 1914, Page 32, of the Deed Re-
cords of Jefferson County, Texas, said 0.670 acre:_
tract or parcel of land being further bounded and
described as follows:
BEGINNING at a point in the North right-of-way
line of Washington Boulevard, a sixty foot (60')
street right-of-way, said point being the South-
east corner of the herein described tract and be-
ing located West along the North line of Washington
Boulevard, a distance of one thousand eight hundred
sixty and forty-one hundredths feet (1860.41'). from
an old 1-1/4" pipe at the intersection of the North
line of Washington Boulevard and the most Easterly
line of a 542 acre tract formerly owned by the
Colliers as described in Volume S. Pages 287 and
288.Deed Records of Jefferson County, Texas, said
point also being in the most easterly line of the
hereinbefore mentioned 100 acre tract;
THENCE West with the North right-of-way line of
Washington Boulevard twenty and zero hundredths
feet (20.00') to the Southwest corner of the here-
in described tract;
THENCE North one degree seven minutes forty-six
seconds East (N. 01007'46" E.) at eight hundred
ninety-five and twenty-three hundredths feet (895.
23') pass the South line of a 1 acre tract de-
scribed in an easement from IVY GUINN JONES to
HUMBLE OIL and REFINING COMPANY dated September 22,
1969 and recorded in Volume 1679, Page 92, Deed Re-
cords of Jefferson County, Texas, said point being
South eighty-nine degrees ten minutes fourteen seconds
East (S. 89010'14" E.) a distance of ninety-four
and ninety-five hundredths feet (94.95') from a 1/2"
iron pipe located at the Southwest corner of said 1
acre tract, thence continuing along said course at
one thousand eighty-two and twenty-three hundredths
feet (1082.23') pass the North.line of the afore-
mentioned 1 acre tract, said point being South
eighty-nine degrees ten minutes fourteen seconds
East (S.89010'14" E.) a distance of ninety-five and
ninety-three hundredths feet (95.93') from a 1/2"
pipe located at the Northwest corner of said 1 acre
tract, thence continuing for a total course distance
of one thousand four hundred fifty-seven and four-
teen hundredths feet (1457.14') to a point for corner
in the most Westerly North line of the hereinbefore
mentioned 54.56 acre Tract Number 3 and the Southerly
lino of a. 3.82 acre tract described in quitclaim deed
in Volume 1414, Page 127 of the Deed Records of Jef-
ferson County, Texas, said corner being the Northwest
corner of the herein described tract and being one
thousand one hundred seventeen and thirty-five hun-
dredths.feet (1117.35') from a 1" pipe at the South-
west corner of the aforementioned 3.82 acre tract;
THENCE Easterly along the Southerly line of the afore-
mentioned 3.82 acre tract and the most Westerly North
line of aforesaid 54.56 acre tract for a distance of
twenty and twenty hundredths feet (20.20') to a point
for the Northeast corner of the hereindescribed tract;
THENCE along the East line of the herein:_descrbed
tract South one degree seven minutes forty-six seconds
West (S.01007'46" W.) for a distance of one thousand
four hundred fifty-nine and ninety-three hundredths
feet (1459.93') to the POINT OF BEGINNING;
CONTAINING IN AREA. 0.670 acres of land more or less,
it being intended to convey a twenty foot (20') strip
of land across the Grantor's property for use as a utility
easement.
TRACT NO. 2
A fifty foot (50') strip of land adjacent to and 'East
of Tract No. 1 hereinabove described extending the
entire lenghth of the owner's property insofar as said
owner's property is adjacent to Tract No. 1.
TRACT NO. 3
BEING a 0.647 acre tract or parcel of land out of the
C. WILLIAMS SURVEY, Abstract 59, City of Beaumont,
County of Jefferson, State of Texas, said tract or
parcel of land being part of that certain Tract No. 4
containing 56.7 acres of land more or less, described
in deed from IVY GUINN JONES to IVY GUINN JONES LIVING
TRUST dated November 9, 1971, and recorded in Volume
1714, Page 32 of the Deed Records of Jefferson County,
Texas, said 0.647 acre tract or parcel being
further bounded and described as follows:
BEGINNING at an old 1-1/4" pipe at the intersection
of the most Easterly line of a 542 acre tract formerly
owned by the Colliers and described in Volume S, Pages
287 and 288, Deed Records, Jefferson County, Texas,
with the North line of Washington Boulevard.aa sixty
foot (601) street right-of-way, said 1-1/4" pipe also
being in the most Easterly line of a.100 acre tract
deeded from W. T. KEMPER- ET AL to S. L. GUINN, deed
of which is recorded in Volume 196, Page 522, Deed
Records of Jefferson County, Texas;
THENCE West with the North right-of-way line of
Washington Boulevard, one thousand eight hundred
sixty and'fourty-one hundredths feet (1860.414') to
a point for corner;'
THENCE South one degree seven minutes forty-six
seconds West (S-01('07,46"NW,") for a distance of
sixty feet (60') to a point in the South line of
Washington Boulevard, said point being the North-
, I- _ nr n rrn ()7 PWITNIUTT MI nf' +Ii a l� arai n
THENCE South one degree seven minutes forty-six
seconds West (P. 01007'46" W.) a distance of sixteen
and fifteen hundredths feet (16.15') toga point of
curvature for corner;
THENCE in a Southeasterly direction with the arc of
a curve to the left having a radius of one thousand
two hundred thirty feet (1230') an internal angle of
twenty-eight degrees twenty-two minutes twenty-eight
seconds (28022'28"), a tangent of three hundred ten
and ninety-five hundredths feet (310.95'), a long
cord of six hundred two and ninety-two hundredths
feet (602.92') which bears South thirteen degrees
three minutes twenty-eight seconds East (S. 13003'28"
E.) for a total ar.cedistance of six hundred nine and
thirteen hundredths feet (609.13') to a point of tan-
gency for corner;
THENCE South twenty-seven degrees fourteen minutes
forty two seconds East (S. 27014'42" E.) for a distance
of one hundred ninety-five and fourteen hundredths
feet (195.14') to a point for curvature for corner;
THENCE in a Southerly direction with the arc of
a curve to the right having a radius of one thou-
sand one hundred seventy feet (1170'), an internal
angle of twenty-seven degrees thirty-one minutes
twenty-eight seconds (27031' 28"), a tangent of two
hundred eighty-six,and fifty-six hundredths feet
(286.561), a long chord of five hundred fifty-six
and sixty-seven hundredths feet (556.67') which
bears South thirteen degrees twenty-nine minutes
zero seconds East (S. 13°29'00" E:) for a total arc
distance of five hundred sixty-two and six hun-
dredths feet (562.06') to a point of tangency for
corner;
THENCE South zero degrees sixteen minutes forty-
six seconds West (S. 00016'46" W.) for a distance of
twenty-six and forty-nine hundredths feet (26.49')
to a point for corner in the North line of the J.
C. CHANCE; JR., 240.247 acre tract described in
Volume 1567, Page 210, Deed Records, Jefferson County,
Texas, and the North line of the NECHES CANAL COMPANY
(Lower Neches Valley Authority) eighty foot (80')
right-of-way described in Volume 269, Page 426, Deed Records,
Jefferson County, Texas;
THENCE along the North line of the Lower Neches
Valley Authority eighty foot (80') right-of-way and
along the North line of said 270.247 acre tract
South eighty-nine degrees thirty-one minutes twenty-
nine seconds West (S. 89631'29" W.) for a distance of
twenty and zero hundredths feet (20.00') to a point
for the Southwest corner of the herein described tract;
THENCE North zero degrees sixteen minutes forty-six
seconds East (N. 00016'46" E.) for a distance of twenty-
six and seventy-five hundredths feet (26.75') to a
point of curvature for corner;
THENCE in a Northwesterly direction with the arc of a
curve to the left having a radius of one thousand one
hundred fifty feet (1150'), an internal angle of
I'll r (9 rpe thirty-one minutes twenty-eight
one and sixty-six hundredths feet (281.661), a long
chord of five hundred forty-seven and sixteen hun-
dredths feet (547.16') which bears North thirteen
degrees twenty-nine minutes zero seconds West (N. 130
29'00"`+,'W.) for a total arc distance of five hundred
fifty-two and forty-five hundredths feet (552.45')
to a point of tangency for corner;
THENCE North twenty seven degrees fourteen minutes
forty-two seconds West (N. 27014'42" W.) for a distance
of one hundred ninety-five and fourteen hundredths
feet (195.14') to a point of curvature for corner;
THENCE in a Northerly direction with the arc of a
curve to the right having a radius of one thousand
two hundred fifty feet (1250'), an internal angle of
twenty-eight degrees twenty-two minutes twenty-eight
seconds '(28022'28"), a tangent of three hundred six-
teen and zero hundredths feet (316.001), a long chord
of six hundred twelve and seventy-three hundredths
feet (612.73') which bears North thirteen degrees
three minutes twenty=eight seconds West (13003'28" W.)
for a total arc distance of six hundred nineteen and
three hundredths feet (619.03') to a point of tangency
for corner;
THENCE North one degree seven minutes forty-six
seconds East (N. 01007'46" E.) for a distance of fif-
teen and eighty-three hundredths feet (15.83') to a
point for corner in the South line of Washington
Boulevard;
THENCE East with the South line of Washington Bou-
levard, a sixty foot (60') street right-of-way,
twenty and zero hundredths feet (20.00') to the
PLACE OF BEGINNING;
CONTAINING IN AREA 0.647 acres of land more or less,
it being intended to convey a twenty foot (201) strip
of land across the Grantor's property for use as an
underground utility easement subject to all restric-
tions, easements and reservations of record affecting
said property.
TRACT Nn L.
A fifty foot (50') strip of land adjacent to and
West of Tract No. 3 hereinabove described extending
the entire length of the owner's property insofar
as said owners property is adjacent to Tract No. 3.
Tracts No. 2 and 4 hereinabove described ares=, temporary easements
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
n
AND PROVIDED further that the temporary easements 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.
ATTEST:
PASSED BY THE CITY COUNCIL this day of Mg Y" 1974.
City Clerk -
4
- Mayor -