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HomeMy WebLinkAboutORD 03-093 ORDINANCE NO. 03-093 ENTITLED AN ORDINANCE ABANDONING A 16' X 316.89' PUBLIC UTILITY EASEMENT ON THE WEST SIDE OF LOTS 1 AND 2, EAST SIDE OF LOT 3, BLOCK 2, BEAUMONT MEDICAL PLAZA SUBDIVISION IN CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT abandonment of a 16' x 316.89' public utility easement on the west side of Lots 1 and 2, east side of Lot 3, Block 2, Beaumont Medical Plaza Subdivision in Beaumont, Jefferson County, Texas as shown on Exhibits "A" and "B" attached hereto, be and the same is hereby abandoned subject to the moving of any utilities that are located in the easement at the applicant's expense. A 10' general utility easement will be dedicated along the west boundary of the site to allow for the relocation of utilities from the easement to be abandoned. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of November, 2003. - Mayor Evelyn M. Lord - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES That certain 0.1105 acre tract out of Lots 1, 2 and a part of Lot 3, Block 2 of Beaumont Medical Plaza, a plat recorded in Volume 13, Page 19 of the Map Records of Jefferson County, Texas, also being those called Tract IV (said Lot 1) and VITA (said Lot 2 and a called 0.301 acre tract out of said Lot 3) tracts conveyed to Baptist Hospital of Southeast Texas as recorded in Clerks File No. 1999038214 of the Official Public Records of Real Property of Jefferson County, Texas, and a called 0.3026 acre tract conveyed to Baptist Hospital of Southeast Texas as recorded in Clerks File No. 2003001044 of the Official Public Records of Real Property of Jefferson County, Texas, said 0.1105 acres being more particularly described by metes and bounds as follows: Basis of Bearing is along the north right-of-way line of Medial Center Drive and the south line of said Lot 2 having been called South 89°58'51"West 250.00 feet. COMMENCING at a 5/8" iron rod found at the intersection of the said north right-of-way line of Medical Center Drive and the west right-of-way line of Hospital Drive for the southeast comer of said Lot 2; THENCE South 89 058'51"West along the said north right-of-way line of Medical Center Drive and the south line of said Lot 2 a distance of 241.77 feet (called South 89°58'51" West) to a point for the southeast corner of the said 0.1105 acre tract and the POINT OF BEGINNING; THENCE South 89'58'51"West continuing along the said north right-of-way line of Medical Center Drive and the said south line of Lot 2 a distance of 8.00 feet(called South 89 058'51'West) to a %:° iron rod found for the southwest comer of said Lot 2, the southeast comer of said Lot 3 and the said 0.3026 acre tract, and an angle point of the said 0.1105 acre tract THENCE South 89 059'25"West continuing along the said north right-of-way line of Medical Center Drive and the south line of said Lot 3 and the said 0.3026 acre tract a distance of 8.00 feet (called South 89 058'51"West) to a point for the southwest comer of the said 0.1105 acre tract; THENCE along the west line of the said 0.1105 acre tract with the following courses and distances; North 00°03'05" East a distance of 149.85 feet; North 00°06'32" East a distance of 53.15 feet; North 00 003'47" East a distance of 97.90 feet to a point in the south line of a 16- foot utility easement for the northwest comer of the said 0.1105 acre tract; THENCE South 89°56'36" East along the said south line of the 16-foot utility easement a distance of 8.00 feet to an angle point of the said 0.1105 afire tract from which a %:" iron rod found for the northwest corner of said Lot 2 and the northeast comer of said Lot 3 bears North 00°03'47" East 16.00 feet; THENCE South 89°55'52" East continuing along the said 16-foot utility easement a distance of 8.00 feet to a point for the northeast comer of the said 0.1105 acre tract; THENCE along the east line of the said 0.1105 acre tract with the following courses and distances; " South 00°03'47"West a distance of 97.91 feet; EXHIBIT "A South 00°06'32"West a distance of 53.15 feet, South 00°03'05"West a distance of 149.83 feet to the POINT OF BEG INNING and containing 0.1105 acres of land, more or less. A FILE 659-OB: Request for the abandonment of a 16' wide public utility easement on the west side of Lots 1 & 2,east side of Lot 3, Block 2, Beaumont Medical Plaza Subdivision. Applicant: Fittz and Shipman,Inc. ' FOUND 1/2' FOUND 314- MEDICAL SURGICAL CLINIC RON ROD IRON ROD VOL 2.PG. 119. M.I.C. OWNERS BAPTIST HOSPITAL OF SE TEXAS SINAI.KAJAL t AHS SUITE 1.BLDG A SUITE 4.BLDG A 21.12 UNO NT N COMM ELEMENTS 16.7;UND NT N COPY ELEMENTS ^O CLERICS FILE N0. 19"036211 CLERKS FIE NO. 1999039620. O.P.R.RX*C. O.P.R.R.P.J.C. =r O CMOSTUS HEALTH SOUTHEAST TX CI-IRSTUS HEALTH SOUTHEAST TX n ; SATE Z BLDG A SUITE 5.BLOC A n W N' 17.47L UND NT N COMM ELEMENTS 20.QR UND NT N COMM ELEMENTS g! ° FILM CODE NO. 104-01-1506. CLERKS FILE NO.9324174. 3 Z R.P.R1C. OP.RRP.J.C. S ° CHRISTUS HEALTH SOUTHEAST TX BAPTIST HOSPITAL OF SE TEXAS I^ MITE 3.BLDG A SUITE 6,BLDG A o 13.6[UND NT N COMM ELEMENTS 06.4;UND NT N COMM ELEMENTS O FILM CODE NO. 104-97-1060. CLERKS FILE NO.1999036213, Z p R.P.R.J.C. O.P.R.R.P_J.G I FOUND 3/6- rn.. (CALLED N 00'04' E 114 .01 1 �aNt ROD 3 � FOUND 5/6' C EAHOUT 5W NA& IRON ROD H 17 q�q CONCRETE 24'PRIMATE DRIVE FOUND 1/2- �Ng TRANSFORMER '" EASEMENT R SEAM y0L 2126.PG, 443.ORJ.C. RON R00 z o Z '�' Wn 9: N 00'07'58" E 202.W u BAPTIST HOSPITAL OF I 13 a (CALLED N 00104'45"E 202.621 3 SOUTHEAST TEXAS n ' 3 CLERKS FILE NO. 1999036214• ° n• R. BAPTIST HOSPITAL OF LOT 3 ° O.P.R.RP.J.C. NN$ SOUTHEAST TEXAS �• h^ (TRACT VIVA) ri 8 CLERKS FILE NO. 2003001044. °8•on p ' ° 0 25 0 D n° O.P.R.R.P.J.C.Fd1ND 1 0°` O I N� O PPEEDEESSTAALLS I N I BION ROD y ° Ls I A L E v L3 L4 Y to (CALLED S 00.04'45'w 114.00') S 00'03'47" W 113.90' ut S 00'03 OS W 149.84 53.15 FoLNO//z. (CALLED s"14-5-1)itD S 00 06'32 W LB p�R00 CALLED S 00104'45' ELECTRIC FOUND 1 POINT OF t 107 AmC EASE C'T T L9 TRANSFORMER ( IRON ROD S'EACH SIDE �BEGINNING FOUND 1/2' S. IRON tj EMBIT*1' (TO BE ABANDONED) Q -JW0 B L 0 C K 2 I <U*! 8 i 2.421 ACRES i N t) I < �d Imo' _ <� 1 �;N I<:j 8 I X<R W7 8 R U �W� N.� F i �� 'R N �I 8R <o V ion �d N Uja W LOT 2 a LOT 1 --91 W o C ° ° - o Tn H i n BAPTIST HOSPITAL OF " BAPTIST HOSPITAL OF M.;ei n o SOUTHEAST TEXAS aN SOUTHEAST TEXAS �"' In CLERKS FILE NO. 1999036214• CLERKS FILE NO. 1999036214. O.P.RR.P.J.C, Z V O.P.RR.P.� too, m z (TRACT VIA) (TRACT IA A N I I i I I I I I I OPTIC I 16'UTILITY EASEMENT 16'UTILITY EASEMENT PEDESTAL I---- VOL 202Z PC. 233.D.R.J.C.--_ VOL 1947.M 30,MR.J.C. _ - _- ------ -- GRAN WT(r 1FATER -TO-SA!WAR7 9NEIF UWWNT--�PTiGI VOL 13 PC. 19 Y.RJ.C. PEDESTAL S OOV8 22 W 149.68 S 0004'35" W 166.82 COMMEWMG FOUWCAt1ED S 00104'aS'w 130.00 ROAN Rt (CALLED 5 ooV4'as-w,66.62 F 1/2 CAPPED POW 1pON NON ROD E*MT'1' HOSPITAL DRIVE M07L THICK EXISTS A IO-FODT MDE UNDERGROUND GSU (ASPHALT PAVEMENT) EASEMENT.S FEET ON EACH SIDE OF ME SERVICE (60'RO.w.) (VOL 2157.PM 62 AND VOL 2196.PG. 190.D.RJ.C.) NUMBEJI D66:C710N NICE L1 1 • � t L3 E t L4 0096 E Sbt LS 4 E 97. L6 S 69'56 E IL . _.._ _ EXHIBIT `'BfI IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ORD 2005008149 6 PGS THE STATE OF TEXAS § § CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF JEFFERSON § I hereby certify,in the performance of the functions of the City Clerk's office,that the attached instrument is a full,true,and correct copy of Ordinance Number 03-093,this Ordinance passed by Council on the 25th day of November,2003,appears of record in my office and that said document is an official record from the public office of the City Clerk of the City of Beaumont,Jefferson County, State of Texas, and is kept in said office. I further certify that I, Rose Ann Jones,am the City Clerk,of the City of Beaumont,that I have legal custody of said record,and that I am a lawful possessor and keeper and have legal custody of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of said office this 30th day of January, 2005. City Clerk City of Beaumont, Jefferson County, Texas 1 110 Rose Ann Jones, TWAC ORDINANCE NO. 03-093 ENTITLED AN ORDINANCE ABANDONING A 16' X 316.89' PUBLIC UTILITY EASEMENT ON THE WEST SIDE OF LOTS 1 AND 2, EAST SIDE OF LOT 3, BLOCK 2, BEAUMONT MEDICAL PLAZA SUBDIVISION IN CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT abandonment of a 16' x 316.89' public utility easement on the west side of Lots 1 and 2, east side of Lot 3, Block 2, Beaumont Medical Plaza Subdivision in Beaumont, Jefferson County, Texas as shown on Exhibits "A" and "B" attached hereto, be and the same is hereby abandoned subject to the moving of any utilities that are located in the easement at the applicant's expense. A 10' general utility easement will be dedicated along the west boundary of the site to allow for the relocation of utilities from the easement to be abandoned. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance,or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of November, 2003. - Mayor Evelyn h Lord - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES That certain 0.1105 acre tract out of Lots 1, 2 and a part of Lot 3, Block 2 of Beaumont Medical Plaza, a plat recorded in Volume 13, Page 19 of the Map Records of Jefferson County, Texas, also being those called Tract IV(said Lot 1)and VITA(said Lot 2 and a called 0.301 acre tract out of said Lot 3)tracts conveyed to Baptist Hospital of Southeast Texas as recorded in Clerks File No. 1999038214 of the Official Public Records of Real Property of Jefferson County, Texas, and a called 0.3026 acre tract conveyed to Baptist Hospital of Southeast Texas as recorded in Clerks File No.2003001044 of the Official Public Records of Real Property of Jefferson County, Texas, said 0.1105 acres being more particularly described by metes and bounds as follows: Basis of Bearing is along the north right-of-way line of Medial Center Drive and the south line of said Lot 2 having been called South 89°58'51"West 250.00 feet. COMMENCING at a 5t8" iron rod found at the intersection of the said north right-of-way line of Medical Center Drive and the west right-of-way line of Hospital Drive for the southeast comer of said Lot 2; THENCE South 89058'51"West along the said north right-of-way line of Medical Center Drive and the south line of said Lot 2 a distance of 241.77 feet(called South 89°58'51" West)to a point for the southeastzorner of the said 0.1105 acre tract and the POINT OF BEGINNING; THENCE South 89'58'51"West continuing along the said north right-of-way line of Medical Center Drive and the said south line of Lot 2 a distance of 8.00 feet(called South 89°58'51"West)to a %2"iron rod found for the southwest comer of said Lot 2,the southeast comer of said Lot 3 and the said 0.3026 acre tract, and an angle point of the said 0.1105 acre tract THENCE South 89°59'25"West continuing along the said north right-of-way line of Medical Center Drive and the south line of said Lot 3 and the said 0.3026 acre tract a distance of 8.00 feet(called South 89°58'51"West) to a point for the southwest comer of the said 0.1105 acre tract; THENCE along the west fine of the said 0.1105 acre tract with the following courses and distances; North 00°03'05" East a distance of 149.85 feet; North 00 006'32"East a distance of 53.15 feet; North 00°03'47" East a distance of 97.90 feet to a point in the south line of a 16- foot utility easement for the northwest comer of the said 0.1105 acre tract; THENCE South 89°56'36" East along the said south line of the 16400t utility easement a distance of 8.00 feet to an angle point of the said 0.1105 airre tract from which a %iron rod found for the northwest corner of said Lot 2 and the northeast comer of said Lot 3 bears North 00°03'47"East 16.00 feet; THENCE South 89 055'52" East continuing along the said 16400t utility easement a distance of 8.00 feet to a point for the northeast comer of the said 0.1105 acre tract; THENCE along the east line of the said 0.1105 acre tract with the following courses and distances; South 00°0347"West a distance of 97.91 feet; EXHIBIT"Alp South 00°06'32"West a distance of 53.15 feet; South 00'03'05"West a distance of 149.83 feet to the POINT OF BEGINNING and containing 0.1105 acres of land, more or less. F X 659-QB: Request for the abandonment of a 16'wide public utility casement on the west side of Lots 1 &2,east side of Lot 3,Block 2,Beaumont Medical Plaza Subdivision. Applicant: Fittz and Shipman,Inc. J FOUND 31,V ON D MEDICAL SURGICAL CLINIC IRON ROD WON ROD va-2 Pr..171.C.R1C. OTVNERS BAP1157 HOSPITAL Or SE TEXAS SNCM'KAJAL t AN$ SLATE 1,IN DO A SUITE t,BLDC A 21.11 UND NT N OWN ELEMENTS 141.711 UND Nt N COW ELEMENTS CLEWS FILL NO.1!!20767136 CLERKS FILE NO,t!!l039620, O.P.R.R,I'AAC. OP.R.R.P.1C. LLtr� _• G6ASTUS HEALTH SOUTHEAST TX CHRTSTIJS HEALTH SOUTHEAST TX �I a 4 SUITE L BLOC A SUITE S.6L00 A n W 17.4X UND NT N COW ELEMENTS 20.61 UNO NT N COMP ELEMEMR =t 3 g� FILM CODE NO. 101-01-1586, CLERKS FILE NO.2524174, t : RP.R.4C. OPRRP.IC. _ S C RISTUS HEALTH SOUTHEAST TX BAPTIST HOSPITAL OF SE TEXAS 1^ SUITE 3.BL00 A SUITE 6.BLDO A Op I3.6R UND NT N COLM E1J7ENTS 0Q4X MID NT N COW ELEMENTS p FIJI CODE NO.104-97-1060• CLERKS FILE NO.1999036213. p RPJI.J.C. O.P.R,R_P.J.C. _ V)" (CALLED N OOM'4S�E tts.00)I -FOUND ROD/r N 00'04'18" E 114.01' 1 3 � FDUNO 3/41' : I IRaN Rao n h a CLFAFIOUT N 70,•PRIVATE DRIVE EASEMENT FOUND,n• per„ ffOLBER .�F' VCL 2126.P0."s.DJLJ.C. IRON ROD LID $ I r W 3 N DDroY58" E 20248` Z BAPTIST HOSPITAL OF I WD 13 (CALLED N 0094.45'E 202.62 7e 3t SOUTHEAST TEXAS I BAPTIST HOSPITAL OF LOT 3 CLERKS aij11.JLV.LC. NNgp SOUTHEAST TEXAS (TRACT NA) PEDE I O d CLERKS FIE NO 20030010".0 0_P.RP.J c. o$ s I I P 0 25 ST rOLNO 1 40 0 I N L3 RCN Rao L{ in (CALLED S 0094.41•114.07) I A L S 00U3'47" IN OOW 0.5 W 149.84 53.15 o0vras—Th—60 S DO 3, 1Y u NON Rao 0,1105 ACRE VIACT CALLS U 104.45'W) ELECTRIC I MOLAQ I/2' TRANSFORMER pOp�T� 1r unrrr EASETJDFT � r EACH WE FOUND 1/2' J EXHIBIT'1' m ei AeA TMDO woN Rao I _Z' ca B L ) 0 C K 2 i a 8 I 2.421 ACRES I m o= 4[ —9 Oli I i I W p b X<o p3 I�ss 9TH C4 ICI .9 <o In o ' a .I Lf1 n 2 „ = LOT 2 - s LOT 1iYI W < N I„ BAPTIST HOSPITAL OF yJ o BAPTIST HOSPITAL OF Zgel n W SOUTHEAST TEXAS Ix SOUTHEAST TEXAS :i -I S ODOM FIE R(.1999038214, CLERKS FILE NIX 199!036214. of L1OO C.P.RR.P.IC. Z OP.R3IP.IC. !oil i (TRACT MA) V ACT M N I rn FM I I I I I I I I I I PEDESTAL I————N L 202 33.OJ AC. _ w16 1947,ie ic. I ------------- CLj_ANUT�------------ TFATEIT ��RAL(A1r0, S OOroB 11 149.98 S 0OW35 M MAX COMMEMCNG (CALLID S OOW"45'9 150.00.) R R ti. (CALLED S OPOCir R,106.82•) D I/r POW P�if'DRODB p,��L wON D ROD EXHOT 11� HOSPITAL DIN T,b NOTE: THEYE EXISTS A 10-FOOT WE LNDERDROLND OW (ASPHALT PAVEMENT) EASUAMT.5 FELT ON EACH SIDE OF 9E SERvKE (60•RO.W.) LINE. (VOL 2137.PGL 42 AM VOL 2196.PC.116,D.RJ.C.) IF 1R7i411E7t DBLECwt 06TAIRE T • T ul Is 4 07 Ls s ase E a EXHIBIT"Bt' FILED AND RECORDED /OFFICIAL PUBLIC RECORDS 2005 Mar 03 12:23 PM 2005008149 GEORGE $22.00 CAROLYN L. GUIDRY COUNTY CLERK JEFFERSON COUNTY TEXAS S aTATrF OF TEXAS COUNTY OF JEFFERSON T hz r:2by certify that this instrument was filed on E dat= and dine Stamped hereon by me and was duly T6 I` recorder' ir,the Officio; Pubiic Records of Real Property of Jefferson Count T—a, �^ CITY OF BEAUMONT ROSE ANN JONES Mk 0 3 2005 P 0 BOX 375 BEAUMONT TX 77701 �'Pr-% ' County Clerk,Jefferson County, Texas