HomeMy WebLinkAboutRES 74 197LLJ/cb
5/2''74 12 -SU -04 Tr 9,10,-- 12,13,14,15 & 17
R- '74- lq-7
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 a main sewer trunk line and access
manholes, hydrants, and other appurtenances in the City of
Beaumont, Jefferson County, Texas; and
WHEREAS, said.City Council has found that public necessity
requires that placement, construction and operation of the said
sewer line on the hereinafter described property; and
WHEREAS, said City Council deems it necessary to acquire
an easement (as well as a necessary temporary working easement)
in, under and across the hereinafter described property for said
placement, construction, operation, repair, rebuilding, 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 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:
BEING four (4) parcels of land (one of
which describes a temporary easement only)
out of the C. WILLIAMS SURVEY, Abstract
59, Beaumont, Jefferson County, Texas,
said parcels of land being out of Lots
FOUR (4) , FIVE (5) , SIX (6) , SEVEN (7) ,
and EIGHT (8) of the COLLIER SUBDIVISION,
said subdivision being described in par-
tition deed dated September 16, 1901 and
recorded in Book 60, Pages 165 thru 173
of the Deed Records of Jefferson County,
Texas, said parcels being more fully
bounded or described as follows:
PARCEL ONE.
The centerline of the hereinafter described
Parcel Number ONE (1) is identified as
follows:
BEGINNING at a point in the north right-
of-way line of the Southern Pacific Rail-
road one hundred foot (100') right-of-way
said point being located seventy and ninety
hundredths feet (70.90') Easterly along
said right-of-way from the southwest corner
of Lot FIVE (5) of said Collier Subdivision
same being the southeast corner of Block
EIGHT (8) of the Forest Park Addition to
the City of Beaumont, plat of which appears
Volume 10, Page 101 of the Map Records of
Jefferson County, Texas;
THENCE in a northerly direction parallel to
and thirty feet (30') perpendicular distant.
from the east line of a forty foot (401)
wide Jefferson County Drainage District #6
easement for the Amelia Cut-off, as awarded
in Cause No. A-80,.032, Mary Frances Pinch -
back vs. W. D. Norwood, Sr., et al in District
Court of Jefferson County, Texas, two hun-
dred sixty-one and forty-four hundredths
feet (261.44') more or less to a point in
a southerly line of a eighty foot (80')
wide Amelia Cut-off easement, as awarded
in Cause No. A-80,032, Mary Frances Pinch -
back vs. W. D. Norwood, Sr., et al in Dis-
trict Court of Jefferson County, Texas,
said point being the end;of the herein
described centerline, said centerline lying.
wholly within Lot 5 of said COLLIER SUB-
DIVISION, containing 0.360 acres of land
more or less;
IT BEING INTENDED to describe herein a
sixty foot (60') strip of land, there
being thirty feet (30') -on either side
of the said property, for use as a sewer
line easement.
PARCEL TdO
BEGINNING at a point ten feet (10') East
of, and at right angles to the North'end
of the heretofore described centerline of
Parcel One, same being the most easterly
southeast corner of an eighty foot (80')
easement to Jefferson County Drainage
District # 6 for the Amelia Cut-off, as
awarded in Cause No. A-.80, 032, Mary
Frances Pinchback vs. W. D. Norwood, Sr.,
et al in District Court of Jefferson County,
Texas, said point being located in Lot FIVE
(5) of the heretofore mentioned COLLIER
SUBDIVISION;
THENCE in a northerly direction along and
with the east line of said drainage ease-
ment three hundred seventy-six and ninety
hundredths feet (376.90') more or less to
a point of curvature;
THENCE in a northeasterly direction with
the arc of a curve to the right, same being
the east line of the said eighty foot (80')
Amelia Cut-off right-of-way, and said curve
having a degree of curve of thirteen degrees
forty-four minutes (13°44') and an arc and
course distance of two hundred seventy-four
and two tenths feet (274.2') more or less
toa point of tangency;
THENCE continuing in a northeasterly direction
along and with the east line of said Amelia
Cut-off right-of-way thirty-one and six tenths
feet (31.6') to a point for corner in the
southwesterly right-of-way line of the Missouri
Pacific Railroad one hundred foot (100.'.)
right-of-way;
THENCE in a southeasterly direction along,
and with the aforementioned southwesterly
railroad right-of-way line and at a ninety
degree (90°) angle to the previous course,
sixty and zero hundredths feet (60.00')
to a point for corner;
THENCE South forty-four degrees thirty-
five minutes West (S 44°35' W) for a
distance of one hundred sixty-five and
sixty-four hundredths feet (165.64') to
a point for corner in the south line of
Lot SEVEN (7) and the north line of Lot
SIX (6) of the aforementioned COLLIER
SUBDIVISION, same being a point on a
curve 'to the left and being a perpendic-
ular distance of twenty feet (20') from
the east line of the aforementioned Amelia
Cut-off right-of-way;
THENCE with the arc of a curve to the
left, same having a degree of curve of
fourteen degrees twenty-five minutes
(14°25') for an arc and course distance
of one hundred twenty-five and one tenty
feet (125.1') to a point of tangency;
THENCE in a southerly direction parallel
to and twenty feet (20') distant from the
line of said Amelia Cut-off right-of-way
for a distance of three hundred seventy-
six and nine tenths feet (376.9') to a
point for corner.
THENCE in a westerly direction at a ninety
degree (90°) angle to the previous course
twenty and zero tenths feet (20.0') to
the POINT OF BEGINNING;
CONTAINING 0.406 acres of land, more'or
less, it being intended to describe here-
in a twenty foot (20') strip of land across
the said property for use as a sewer line
easement.
PARCEL THREE
BEGINNING at a point in the northeasterly
right-of-way line of the heretofore
mentioned Missouri Pacific Railroad
right-of-way, said point being the
intersection of the easterly line of
the heretofore mentioned eighty foot
(80') wide Amelia Cut-off right-of-
way, as awarded in Cuase No. A-80,032,
Mary Frances Pinchback vs. W. D.
Norwood, Sr., et al in District Court
of Jefferson County, Texas with the
northeasterly right-of-way line of
said Missouri Pacific Railroad;
THENCE northeasterly, along and with
the east line of said eighty foot (80')
wide Amelia Cut-off right-of-way thirty-
one and sixty hundredths feet (31.60')
to a point.of curve for corner;
THENCE continuing in a northeasterly
direction with the east line of said
eighty foot (80') Amelia Cut-off right-
of-way, said east right-of-way being the
arc of a curve to the left having a
degree of curve of eleven degrees thirty-
two.minutes (11°32') for an arc and
course distance of one hundred twenty-
five and six tenths feet (125.6') more
or less to a point for corner in the
east line of Lot 8 of the hereinbefore
mentioned COLLIER SUBDIVISION;
THENCE in a southerly direction with the
east line of Lot EIGHT (8) and the west
line of Lot ONE (1) of the hereinbefore
mentioned COLLIER SUBDIVISION, forty-
six and five tenths feet (46.5') to a
point for corner;
THENCE South sixteen degrees thirty-three
minutes West (S 16°33' W) for a distance
of one hundred twenty-eight and six tenths
feet (128.6') to a point for corner in
the northeasterly line of the aforementioned
Missouri Pacific Railroad one hundred foot
(100') right-of-way;
THENCE Northwesterly with said northeasterly
right-of-way sixty and zero tenths feet
(60.0') to the POINT 'OF BEGINNING;
CONTAINING IN AREA 0.112 acres of land,
more or less, it being intended to de-
scribe herein a twenty foot (20') strip
of land across said property for use as
a sewer line easement.
PARCEL FOUR
A fifty foot (50') wide strip of land
adjacent to and east of Parcels ONE (1),
TWO (2), and THREE (3) hereinabove de-
scribed extending the entire length of
the owner's property insofar as said
owner's property is adjacent to Parcels
ONE (1)', TWO (2) , and THREE (3) .
Parcel Number FOUR (4) hereinabove described is a tempo-
rary easement and shall terminate when the work of constructing
the sewer line is completed and all excavated soil, construction
refuse, vehicles, tools, equipment and ma.terials 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 there-
with, and the City Attorney is directed and authorized to describe
such purposes as are consistent with the plans of construction of
said lines;
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 ma-
terials, and to do whatever else is necessary to construct the
sewer line.
AND PROVIDED further that the City Attorney be, and he is
hereby authorized and directed to delete from the Proceedings in
Eminent Domain any portion thereof which he believes is not owned by
the parties named defendants, and to include any additional land
lying under appurtenant railroad, or other easements, which would,
by virtue of said Proceedings, be burdened with an additional ease-
ment.
PASSED BY THE CITY COUNCIL this the G1� day of
1974.
- Mayor -
ATTEST:
City Clerk