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HomeMy WebLinkAboutRES 74 177LLJ/cb 12 �4 Tr 18 5-9-74 rf 9--7Y--l-77 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, 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 ra' 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 N0. 1 BEING a twenty foot (20') wide strip of land out of the C. Williams Survey, Abstract 59, Beaumont,Jefferson County, Texas, said strip of land and continuations or projections thereof insofar as same may be embraced with- in that certain 2 1/8 acre tract of land de- scribed. as Lot 1 of the subdivision of the Ellen R. Collier 17.2 acre tract as de- scribed in partition deed dated September 16, 1901 and recorded in Volume 60, Page 165 of the Deed Records of Jefferson County, Texas and also that 2 1/8 acre tract de- scribed in deed dated August 13, 1971, re- corded in Volume 1695, Page 362 from Mrs. J. A. Horton to A. J. Fiorenza, the center- line -of said twenty foot (20') wide strip of land, there being ten feet (10') on either side, being more fully described as follows: BEGINNING at a point in the north line of the aforementioned 2 1/8 acre tract, said point being located fifty feet (50') easter- ly along said north line from the most northwesterly corner of said 2 1/8 acre tract and ten feet (10') easterly from the intersection of the north line of said 2 1/8 acre tract with the east line of the eighty foot (80') Jefferson County Drainage District #6, Amelia Cut-off right-of-way, said beginning point being a point of cur- vature of a curve to the right; THENCE in a southerly direction, parallel to and ten feet (10') distant from the east line of the aforementioned eighty foot (80') Amelia Cut-off right-of-way, along the arc of a curve to the right having a radius of five hundred ten feet (510'), a central angle of twenty-five degrees twenty-eight minutes forty-two seconds (25028'42"), a long chord of two hundred twenty-four and eighty-seven hundredths feet (224.87') which bears North thirteen degrees fourteen and seventy-nine hundredths feet (226.79') more or less to a point for corner in the west line of said 2 1/8 acre tract and the end of the herein described centerline,. said point being sixty-four and twenty- seven hundredths feet (64.27') northerly from the southwest corner of said 2 1/8 acre tract; TRACT NO. 2 A fifty foot (50') strip of land adjacent to and East of Tract # 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 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 s6il and construction materials, and to do whatever else is necessary to construct the sewer. PASSED BY THE CITY COUNCIL this day of May, 1974.