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HomeMy WebLinkAboutPACKET JUL 24 20078EAUMONT. TEX City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DULY 24, 2007 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Dana L. Timaeus would be reappointed to the Board of Adjustment (Zoning) Committee. The current term would expire May 12, 2009. (Mayor Becky Ames) Paula Blazek would be appointed to the Historic Landmark Commission. The term would commence July 24, 2007 and expire July 23, 2009. (Councilmember W. L. Pate, Jr.) Arthur Louis would be appointed as Chairman of the Martin Luther King, Jr. Parkway Commission. The term would commence July 24, 2007 and expire July 23, 2008. (Mayor Becky Ames) Dana L. Timaeus would be appointed as Vice Chairman of the Board of Adjustment (Zoning) Committee. The term would commence July 24, 2007 and expire July 23, 2008. (Mayor Becky Ames) Bill Yoes would be reappointed to the Historic Landmark Commission. The current term would expire December 30, 2008. (Mayor Becky Ames) Bill Yoes would be appointed as Chairman of the Historic Landmark Commission. The term would commence July 24, 2007 and expire July 23, 2008. (Mayor Becky Ames) A) Authorize the City Manager to execute all documents necessary, specifically a Memorandum of Understanding, with the Texas Attorney General's Office-Internet Crimes Against Children(ICAC)Force B) Approve a Change Order related to the Convention and Visitors Bureau Project C) Authorize the acceptance of a ten(10) foot wide Water Line Easement out of the Hezekiah Williams League on Dowlen Road D) Authorize the acceptance of a ten (10) foot wide water line easement for fire hydrants across Villa de Lucas, Inc. property at 1005 East Lucas Drive E) Authorize the acceptance of two(2)three foot(3')wide Sidewalk Easements along the west line of Neches Street near the Cathedral Square property F) Authorize the acceptance of a ten(10) foot wide water line easement for fire hydrants across Academy property at 7050 Eastex Freeway G) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in West Chase Village-Section VIII Subdivision H) Approve a payment for repairs to a 1999 Caterpillar D7R bulldozer I) Authorize the settlement of the claim of Megan Lewis J) Authorize the settlement of the lawsuit styled Glenn McNeel vs. The City of Beaumont K) Authorize the settlement of the lawsuit styled Elma Ardoin v. Larry Thibodeaux and the City of Beaumont RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Beginning Expiration Appointment Commission of Term of Term Paula Blazek Historic Landmark Commission 07/24/07 07/23/09 Arthur Louis, Chairman Martin Luther King, Jr. Parkway Commission 07/24/07 07/23/08 Dana L. Timaeus, Vice-Chairman Board of Adjustment (Zoning) Committee 07/24/07 07/23/08 Bill Yoes, Chairman Historic Landmark Commission 07/24/07 07/23/08 THAT the following reappointments be made: Beginning Expiration Reappointment Commission of Term of Term Dana L. Timaeus Board of Adjustment (Zoning) Committee 7/24/07 05/12/09 Bill Yoes Historic Landmark Commission 7/24/07 12/30/08 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, 2007. - Mayor Becky Ames - A City Council Agenda Item WW- TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Frank C. Coffin, Jr., Chief of Police MEETING DATE: July 24, 2007 AGENDA MEMO DATE: July 13, 2007 I REQUESTED ACTION: Consider a resolution authorizing the City Manager to execute all documents necessary, specifically a Memorandum of Understanding, with the Texas Attorney General's Office-Internet Crimes Against Children(ICAC) Task Force. RECOMMENDATION Administration recommends authorizing the City Manager to execute all documents necessary. BACKGROUND The ICAC Task Force Program was created to help State and local law enforcement agencies enhance their investigative response to offenders who use the Internet, online communication systems, or other computer technology to sexually exploit children. The program is currently composed of 46 regional Task Force agencies and is funded by the United States Office Of Juvenile Justice and Delinquency Prevention. The Training& Technical Assistance Program was established to assist these agencies with training and technical assistance in support of their Internet Crimes Against Children initiatives. Signing an MOU and becoming an ICAC affiliate would make ICAC resources, contacts, and training available to our department. Should any funds become available through ICAC grants, we would be eligible as an affiliate. BUDGETARY IMPACT None. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary to join the Internet Crimes Against Children Task Force (ICAC), specifically a Memorandum of Understanding with the Texas Attorney General's Office substantially in the form attached hereto as Exhibit 'A" making available to the City of Beaumont Police Department ICAC resources, contacts and training opportunities. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, 2007. - Mayor Becky Ames - MEMORANDUM OF UNDERSTANDING INTERNET CRIMES AGAINST CHILDREN TASK FORCE PARTIES The Texas Attorney General's Office is the recipient of a United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) grant to enforce laws regarding Internet crimes against children (ICAC), and the Texas Attorney General's Office utilizes this grant to administer and operate the ICAC Task Force. This Memorandum of Understanding (MOU) is entered into by the Texas Attorney General's Office and the Beaumont Police Department (hereinafter "DEPARTMENT"). OVERVIEW / MISSION STATEMENT OJJDP has created the ICAC Task Force Program, which is a national network of state and local law enforcement cyber crime units. The national ICAC program assists state and local law enforcement agencies develop an effective response to cyber enticement and child pornography cases. This help encompasses investigative and forensic components, training and technical assistance, victim services, and community education. Due in large part to the technological aspects of these cases, the ICAC Task Force Program promotes a multi- jurisdictional, multi-agency, team approach to investigating and prosecuting ICAC cases. The mission of the Texas Attorney General's ICAC Task Force therefore is to: (1) properly investigate and prosecute those who sexually exploit children through the use of the Internet and/or computers; (2) provide training and equipment to those involved in investigating and prosecuting ICAC; and (3) provide community education regarding the prevention of ICAC. PURPOSE The purpose of this MOU is to formalize the working relationship between the DEPARTMENT and the Texas Attorney General's ICAC Task Force, as well as to delineate the responsibilities and expectations of the relevant parties. By signing this MOU, DEPARTMENT agrees to join the ICAC Task Force for the primary purpose of vigorously and properly investigating ICAC. By joining this Task Force, DEPARTMENT will benefit from grant resources, joint operations, and extensive training opportunities. By entering into this MOU, the Office will benefit from the investigative support from DEPARTMENT. EXHIBIT "A" INVESTIGATIONS All ICAC investigations will be conducted only by sworn law enforcement investigators and in a spirit of cooperation with other Texas Attorney General's Office ICAC task force members. Investigations will follow guidelines established by each agency's respective policy manual or guidelines. However, ICAC investigations shall also be governed by the national ICAC program's Operational and Investigative Standards (attached). Violation of the ICAC operational standards is cause for cancellation of this MOU. This MOU is not intended to infringe on the ongoing investigations of any other agency. It is agreed that unilateral acts on the part of employees involved in Task Force investigations are not in the best interest of the Task Force. DEPARTMENT will: Only sworn DEPARTMENT law enforcement personnel will conduct undercover ICAC investigations. Each investigator involved with undercover operations must receive ICAC training prior to initiating proactive investigations and shall submit reports of all undercover activity to the Texas Attorney General's Office. Conduct reactive investigations where subjects are associated with DEPARTMENT's jurisdiction, including investigations of child pornography, CYBERTIP referrals from NCMEC, Internet Service Provider and law enforcement referrals, and other ICAC-related investigations. Additional case initiations may develop from subject interviews, documented public sources, direct observations of suspicious behavior, public complaints, etc. Record and document all undercover online activity. Any deviations from this policy due to unusual circumstances shall be documented in the relevant case file and reviewed by the ICAC Task Force Program Manager. Provide agents assigned to the Task Force access to all ICAC investigative files including, without limitation, computer records, in order to ensure compliance with all national ICAC standards. Locate its ICAC investigators in secured space provided by DEPARTMENT with controlled access to all equipment, software, and investigative files. At a minimum, information should be maintained in locked cabinets and under control of DEPARTMENT ICAC Task Force personnel, with restricted access to authorized personnel only. Conduct education and prevention programs to foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, the business and law enforcement communities, and other individuals concerned about Internet child safety issues. Presenters shall not discuss ongoing investigative techniques and undercover operations utilized by the ICAC Task Force. SUPERVISION DEPARTMENT will be responsible for the day-to-day operational supervision, administrative control, and personal and professional conduct of its officers and agents assigned to the Task Force. ICAC investigations are a cooperative effort and investigative decisions will be a joint process guided by ICAC standards. LIABILITY DEPARTMENT is responsible and liable for the acts and omissions of its own officers, agents or employees in connection with the performance of their official duties under this MOU. For tort liability purposes, no participating agency shall be considered the agent of other participating agencies. Each participating agency shall be liable (if at all) only for the torts of its own officers, agents or employees that occur within the scope of their official duties. REPORTING STATISTICS Using a form provided by the Texas Attorney General's Office, DEPARTMENT shall submit monthly statistics to the Office on all ICAC investigations or other investigative work pertaining to the sexual exploitation of children via the Internet. These statistics shall be submitted in the appropriate format by the 10th day of each month, and shall include data on all related investigations opened or closed during the month, as well as forensic examinations, technical/investigative assistance provided to other agencies, subpoenas and court orders issued, training hours attended and taught, and community outreach provided. In addition, a breakdown of basic case data shall be included for each sexual exploitation of a minor (child pornography) case, and/or criminal solicitation of a minor (enticement/traveler) case investigated by DEPARTMENT. The Texas Attorney General's Office will then be responsible for all required reporting to OJJDP. TRAINING DEPARTMENT shall make investigators designated as Task Force members available for applicable specialized training provided through the national ICAC program and other appropriate training programs. The Texas Attorney General's Office will review training requests and provide funding for ICAC-approved training when appropriate. CONFIDENTIALITY It is understood that any confidential information pertaining to investigations of Internet Crimes Against Children will be held in the strictest confidence, and will only be shared with participating Texas Attorney General's Office ICAC Task Force members or other law enforcement agencies where necessary or as otherwise permitted by federal and/or state law. EFFECTIVE DATE This agreement shall be effective on , 2007 and continue until such time as federal funding for the Grant ends or the agreement is canceled by either party upon written notice delivered to both agency directors. Entered into this day of , 2007. Frank C. Coffin Jr. Chief of Police Beaumont Police Department Attorney General Greg Abbott or his Designee Office of the Attorney General — State of Texas Kyle Hayes City Manager City of Beaumont B :ilijk City Council Agenda Item M c TO: City Council FROM: Kyle Hayes, City Manager Irv) PREPARED BY: Tom Warner Director of Public Works MEETING DATE: July 24, 2007 AGENDA MEMO DATE: July 17, 2007 REQUESTED ACTION: Council approval of a Change Order for the Convention and Visitors Bureau. RECOMMENDATION Approval of Change Order No.10 for the Convention and Visitors Bureau in the amount of $27,778.05 to H. B. Neild& Sons, Inc. BACKGROUND Included in Change Order No. 10 are additional costs as stated: a. Costs for granite material over and above the allowance of$1,500. The style selected as well as the number of slabs needed exceeded the bid allowance provided by the architect. The cost of the granite exceeded the allowance by$2,378.37. b. Honed granite file floor was installed in the lobby area. Because it is unfinished, it does not match nor does it have the luster of the polished granite. Obviously for safety reasons, polished granite cannot be used as flooring. Porter's Flooring can apply a product_that will_e_nhance the ranhe color. This aa_plication of this product is labor intensive but the finished result will greatly enhance the lobby. The cost for the application of this product is $4,5 10. c. The Conference Room floor is carpet. The specifications required a rubber cove base material. The rubber cove base in this room is not appropriate. The carpet can be bound and made into a cove base giving the room a cleaner and more executive appearance. The cost for the upgraded base material is $1,402.62. CVB/Change Order No. 10 July 17, 2007 Page 2 d. Original plans specified a six(6) foot brick paved sidewalk adjacent to the building on Willow Street. Brick paved sidewalks installed in downtown are 10 feet in width. The City's Engineering Division is currently developing plans and specifications to renovate the adjacent parking lot on Calder and Willow. In this renovation, 10 ft. brick paved sidewalks will be installed. A price was requested to install the same width to match the sidewalk that will continue south on Willow. Also,included in this cost is the installation of electrical connections for the decorative lights that are being installed in the downtown district. The total cost is $18,895.80. Total construction cost to date is as follows: Percentage Change Contract Price $1,267,082.00 Change Order No. 1-9 $8,484.97 Change Order No. 10 $27,778.05 2.2% Total to Date $1,303,345.02 2.8% A copy of Change Order No. 10 is attached for your review. BUDGETARY IMPACT Funds are available in the Capital Program. CHANGE OWNER ❑ ORDER ARCHITECT ❑ CONTRACTOR ❑ AIA DOCUMENT G701 FIELD ❑ OTHER ❑ SEI Project#04-463 PROJECT: Beaumont Convention&Visitors Bureau CHANGE ORDER NUMBER: 10 (name, address) City of Beaumont DATE: July 10,2007 P.O.Box 3827,Beaumont,Tx. 77704 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 04463 (name, address) H.B.Neild&Sons,Inc. CONTRACT DATE: August 10,2006 P.O.Box 22555 Beaumont,TX 77720-2555 CONTRACT FOR: New Facility located at 505 Willow,Beaumont,Tx.77701 The Contract is changed as follows: Please see attachments for breakdown of change request. Total Change Order $27,778.05 Not valid until signed by the Owner, Architect and Contractor. The original(Contract Sum)(GuaramcedmaK1fFmFR44iee)was. . . . . . . . . . . . . . . . . . . . . . . .S 1,267,082.00 Net change by previously authorized Change Orders . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . .S 8,484.97 The(Contract Sum) prior to this Change Order was. . . . . . . . . .S 1,275,566.97 The(Contract Sum)(6traeurtttrd*Maxitrthtrr price)will be(increased)(deco-m"ed) (tlrtrl+vVd)by this Change Order in the amount of.. . . . . . . . . . . . . . . . . . . . . . . . . . .S 27,778.05 The new(Contract Sum) including this Change Order will be . .S 1,303,345.02 The Contract Time will be(ice eased)(det;used)(unchanged)by ( )days. The date of Substantial Completion as of the date of this Change Order therefore is May 14,2007 NOTE: TliLs summary does not reflect changes in the Contract Sum,Contract Time or GuaranteLd Maximum Price which have hmn authorized by Construction Change Directive. Sigma Engineers,Inc. H.B.Neild&Sons,Inc. City of Beaumont ARCHITECT CONTRACTOR OWNER 4099 Calder Avenue P.O.Box 22555 P.O.Box 3827 on AddrewtT Address Address Beauaumont,T 7720- 555 Beaumont,TX 77704 BY BY DATE D iD -( DATE 1 l CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT GMI • CHANGE ORDER • I98' EDITION • AIA• • ©198' • THE AMERICAN INSTITUTE OF ARCHITECTS. P.ii NEW YORK AVE.. N.W., WASHINGTON. D.C. 2(N)tKJ G701-1987 WARNING:Unlicensed photocopying vlolates U.S.copyright laws and is subject to legal prosecution. f 3. Neild & Sons, Inc. j.Box 22555 jaumont,TX 77720-2555 )h:(409)842-2272 Change Request 1 To: Sigma Engineers, Inc. Number: 20 4099-D Calder Date: 6/21/07 Beaumont,TX 77706 Job: 2006-764-30 Bmt.Conv.&Visitor's Bureau Ph:409-898-1001 Fax:409-898-3420 Phone: Description: Granite material We are pleased to offer the following,specifications and pricing to make the following changes: The difference for the material in granite The total amount to provide this work is .......................:.......................................................................... $2,378.37 . The schedule is not affected by this change. If you have any questions, please contact me at 409-842-2272. V " Submitted by: Taylor Neild Approved by: H. B. Neild&Sons, Inc. Date: Cc: Broussard, Christy(Neild, H. B. &Sons, Inc.) Page 1 of 1 . . From: 06/21/2007 16:14 #022 P.002/002 Porter's Flooring America 7628 Eastex Freeway Beaumont,TX 77708 (409)898-8858 FAX(409) 898-3868 06/22/06 1tE: Beaumont Convention and Visitor's Bereau Enhance all floor granite floor tile. PR Add $4,510.00 to contract Notes: 1. No tax included. 2. Sealing of grout joints in included in prices. All*naterial is guaranteed to be as specified All work to be completed in professional manner acoordiag to standard practices Any aIteration or dcviai ion from above specification involving extra costs will be executed only upon written orders,and will became as extra charge over mid above the estimate. All agrmneirts are contingent upon strikes,accidents or delays beyond oar control Owner to carry foe,tamado and other necessary insi==. Our workers are fully covered by Wotlas Compensation 7asuraum We may withdraw proposal if not accepted within 30 days Accepted By. Date: Brandon Giacomo Contract Specialist j .,6m: 06/19/2007 12:41 #004 P.002/002 Porter's Flooring America 7628 Eastex Freeway Beaumont,TX 77708 (449) 898-8858 FAX(409) 898-3868 06/19!07 RE: Beaumont Convention and Visitor's Bureau Scone Of Work: Furnish and install Carpet]Base in conference room only. PRICE: $1402.62 added to current contract price. Notes: 1.No tax included. All material is p amteed to be as specified All waken be ecmpleted i m pmfessional marmot ac=lmg to standard ptactm.Any alftation ordevi lion from above specificatim i rvolviag extra costs win be executed only upon written ordes,and will become an exha charge over and above the eshmaft All agmemecft arc contingent upon strikes,accidents or delays beyond our control Owner to may fire,tornado and other aecessny insmauce. Om workers are fully covered by Wod=Compensation Lzsurance. We mWwitbdraw proposal if not acoepmd wid m 30 days. Accepted By. Date: Brandon Giacomo Contract Specialist W CA W iui. 10. [uu/ IU; JUHiw M6 4LILU & a0 No. 41/d V. 1 H. S, Neild & Sons, Inc. P.O.Box 22555 Beaumont,TX 77720.2555 Ph:(409)842-2272 Change Request To: Sigma Engineers, Inc. Number: 23 4099-0 Calder Date: 6/28/07 Beaumont,TX 77706 Job: 2006-764-30 Bmt.Conv.&V13itors Bureau Ph:409.898-1001 Fax,409-898-3420 Phone: Description: SIDE WALKS We are pleased to offer the following specifications and pricing to make the following changes: TO MAKE WILLOW STREET SIDEWALK 10 FT WIDE. Please note that this price does not include the new landscaping. This price also excludes tree grates and light poles Masonry- $11,968.00 Base for sidewalk- $3,000.00 Electrical to set light- $2,210.00 10%HBN mark-up-$1,717.80 The total amount to provide this work is.................................................................................................. $18,895.80 The schedule is not affected by this change. If you have any questions,please contact me at 409-842-2272. Submitted by, Taylor Neild Approved by: H. B. Neild&Sons, Inc. Date: Cc: Broussard, Christy(Neild,H.B. &Sons, Inc.) Page 1 of 1 RESOLUTION NO. WHEREAS, on July 18, 2006, the City Council of the City of Beaumont, Texas, passed Resolution No. 06-204 awarding a contract in the amount of 1 267 082 to H. B. P 9 $ , Neild & Sons, Inc. for the construction of the Beaumont Convention & Visitors Bureau office building at 505 Willow; and, WHEREAS, Change Order Nos. 1 - 9 in the amount of$8,484.97 were authorized by the City Manager, thereby increasing the contract amount to $1,275,566.97; and, WHEREAS, Change Order No. 10 in the amount of$27,778.05 thereby increasing the contract amount to $1,303,345.02; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 10 in the amount of$27,778.05 thereby increasing the contract amount to$1,303,345.02 for the construction of the Beaumont Convention & Visitors Bureau office building at 505 Willow. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, 2007. - Mayor Becky Ames - .�. C ...... City Council Agenda Item 1:1:VfiAx1j1T1 "NMI c TO: City Council FROM: Kyle Hayes, City Manager -f LD PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 24, 2007 AGENDA MEMO DATE: July 17, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten(10) foot wide Water Line Easement out of the Hezekiah Williams League on Dowlen Road. RECOMMENDATION Administration recommends acceptance of the above named easement. BACKGROUND SR Properties,L.L.C.has agreed to convey a ten(10)foot wide Water Line Easement to the City of Beaumont. The easement is a 0.230 acre tract out of the Hezekiah Williams League on Dowlen Road and will provide service for the new commercial structures being constructed in the area. BUDGETARY IMPACT None. engfountain_p1aza-ib.wpd 17 July 2007 RESOLUTION NO. WHEREAS, SR Properties, L.L.C., has agreed to convey a ten-foot(10')wide water line easement, being a 0.230 acre tract of land in the Hezekiah Williams League, Abstract No. 56, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, to the City of Beaumont for the purpose of providing service for new commercial structures being constructed in the area; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by SR Properties, L.L.C., as described in Exhibit "A" and shown on Exhibit "B" attached hereto, be and the same is hereby, in all things, accepted for the aforestated purpose. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, 2007. - Mayor Becky Ames - EXHIBIT"A" Legal Description: 10' Exclusive Waterline Easement 0.230 Acre Tract or Parcel of Land Hezekiah Williams League, Abstract No. 56 Jefferson County, Texas BEING a 0.230 acre tract or parcel of land situated in the Hezekiah Williams League, Abstract No. 56,Jefferson County, Texas and being out of and part of that certain called tract of land containing 680.66 net acres, identified as Second Tract, as conveyed by Brentwood Investments Development Co., L.P. to SR Properties, L.L.C., as recorded in Clerk's File No. 2006014905, Official Public Records.of Real Property, Jefferson County, Texas, said 0.230 acre tract being more particularly described as follows: NOTE: All bearings are based on the West line of that certain called 4.65 acre tract of land as recorded in Film Code No. 101-95-1304, Official Public Records of Real Property, Jefferson County, Texas and the East right-of-way line of Dowlen Road as NORTH 03°33'39" WEST. COMMENCING at a 1/4" iron rod in concrete found for the Northwest corner of the tract herein described, and the Southwest corner of that certain called 4.65 acre tract of land as conveyed by Amoco Production Company to Pinecrest Church of Christ as recorded in Film Code No. 101-95-1304, Official Public Records of Real Property, Jefferson County, Texas, and said corner being in the East right-of-way line of Dowlen Road(based on a width of 100 feet); THENCE SOUTH 03032'24" EAST, along and with the East right-of-way line of Dowlen Road and the West line of the tract herein described, for a distance of 5.57 feet to the POINT OF BEGINNING THENCE NORTH 86°26'21" EAST, over and across the tract herein described for a distance of 232.00 feet; t THENCE SOUTH.03 033'39" EAST, for a distance of 492.24 feet; THENCE SOUTH 86°26'21" WEST, for a distance of 144.04 feet; THENCE NORTH 81020'09" WEST, for a distance of 90.19 feet; THENCE NORTH 03 032'24" WEST, for a distance of 10.23 feet; THENCE SOUTH 81020'09" EAST, for a distance of 91.28 feet; THENCE NORTH 86 02624" EAST, for a distance of 117.47 feet; THENCE NORTH 03 032'04" WEST, for a distance of 7.95 feet; THENCE NORTH 8602756" EAST, for a distance of 8.00 feet; EXHIBIT "A" W:\2006\06-045\water line esmt.dol EXHIBIT"A" THENCE SOUTH 03 032'04" EAST, for a distance of 7.95 feet; THENCE NORTH 86 025'42" EAST, for a distance of 7.50 feet; THENCE NORTH 03°33'39" WEST, for a distance of 112.16 feet; THENCE SOUTH 86°26'21" WEST,for a distance of 10.12 feet; THENCE NORTH 03 033'39" WEST, for a distance of 19.00 feet; THENCE NORTH 86°27'31" EAST, for a distance of 10.12 feet; THENCE NORTH 03 033'39" WEST, for a distance of 252.69 feet; THENCE SOUTH 86 026'21" WEST, for a distance of 10.01 feet; THENCE NORTH 03 033'39" WEST, for a distance of 21.51 feet; THENCE NORTH 86°27'31" EAST, for a distance of 10.01 feet; THENCE NORTH 03 033'39" WEST, for a distance of 66.91 feet; THENCE SOUTH 86 027'07" WEST, for a distance of 9.42 feet; THENCE SOUTH 03 033'39" EAST, for a distance of 8.45 feet; THENCE SOUTH 86 026'21" WEST, for a distance of 9.50 feet; THENCE NORTH 03°33'39" WEST, for a distance of 8.45 feet; THENCE SOUTH 86 026'21" WEST, for a distance of 177.86 feet; THENCE SOUTH 03 03243" EAST, for a distance of 8.31 feet; THENCE SOUTH 86°1117" WEST, for a distance of 10.00 feet; THENCE NORTH 03 032'43" WEST, for a distance of 8.35 feet; THENCE SOUTH 86 025'54" WEST, for a distance of 15.23 feet; THENCE NORTH 03 032'24" WEST, along and with the East right-of-way line of Dowlen Road and the West line of the tract herein described, for a distance of 9.97-feet to the POINT OF BEGINNING and containing 0.230 ACRES, more or less. E, F T F STFq., Page 3 of 3 ......:......................... 3636 W:\2006\06-045\water line esmt.do �jL•., f S S��.•'-� •S U F�`�� _ _ ........_..i� \ / / .iii �^ z-_-...,..._.__...__pry y^-•w._.___-_.._. .. ...__...v_.. 1.. f i i i / .......... / T"' ..I,..., / ._...�'..E: � /.. • SCALE. ,�, \,-.: �• _ JC. nano cwr>sr.+n F/� �I ___..._:.:-.. ............ ... . f _. _. � ... L20 � L Jr r-. r_ ,j•�y_,.,, a 16 r4 ?.. ,1,.:.! �.._._,.J1 �f:•:,,:_.E12 ... cfi...€.10.i....._..;_n 5f�_ L. _ :.,ts:'.. 3,,.t d. .s:;"J.3�1 i.. .... :_.. L14.......... L9 I L24 n�" yip I �: � �l�i*j..... 1!pMsr55 ! � I j � ...� i : �._... I ._ I E�pO k'� i :ti. [ I .I..ry r.'Y 3_I ,.y..1:.1 t..x �:.�� .�:_.F..�.. ^_41-� L:4 1 _ _ I ..._ � 1. .(^', ,/� ..LIB 1 � 'Y '"I 7 ! i i 7 4:��'�.Ai...�..•I /' i fir`:t,.• ��/�,`){r F�[CL\��`�� r �� I I i �`,.��,cr,I � ! ... } S� ! �..rw. � I I t � i I I I ��:,u'5.....� I ; t i' .. 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WHITELEY . .. .W— / AND ASSOCIATES �._........_...._.. . INCORPORATED _.............- .....__.............._.........._.................... CONSl1L71NC ENGINEER _ ...___...w.....__._......_._._:.__....._..._...........__._................_..... .__. —_ SURVI YO AND PLANNERS _.._-.................. .........._._.......... RS, .___-_..._._...._..._...-..._......_._ .. _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ..............._.._.._......._....._.............................._._..._..............................._... ._.............................._...._ _......... .... ......... ._....---.............. _ ...._........_........._............ P.O.BOX 3492 3250 FASTEX n W.. _,_, 1, MARK W. WHITELEY, DO HEREBY CERTIFY THAT THIS SURVEY BEAUMON�7EX45 77716-5492 eEFw�M�OH tE,BU9s2 ui6 UNE BEARING DISTANCE L1s N023339 z5z.01 WAS ON THIS DAY MADE ON THE SURFACE OF THE GROUND Lt N8626 2, 232.00 L,7 58628 21 10.01 L2 SOX3339«E 492.24 L18 N 53339 21.51• OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY SR PROPERTIES, L.L.C. L3 586'2621' 144.04 L19 N862731 E ,0.01 REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. , L4 NB,•2o 09 90.,9 L20 Nos33 39 66.91' THIS PLAT IS BEING SUBMITTED ALONG WITH A FIELD EXCLUSIVE 1 WATER LINE L5 NOY32 24 10.23 L21 SB6'27 07 9.42 L6 S81'20'09'E 91.28 L22 50233 9 E s.4s DESCRIPTION BASED ON THIS SURVEY. QF EASEMENT L7 N8626 24-E „7.47 1-23 Se 26 21 9•� BASED ON SURVEY DATED: AUGUST 28, '(�.`3 r TF F.MBIT B LB NO3'32 04 7.95 L24 NOY33 39 8.45 —�- �� �� L9 N8627 56 E 8.00 L25 628 21 177.86 ,j`G F 9�•�'-y 110 Sos32.04 E 7.95 L26 SOY32 43 8.31 (/� • ;� Hezekiah Williams League L„ N862542 7.50 Lz7 se6,,,7 ID.00 • Abstract No. 56 Lt2 N023339 112.16 l2B NOY3 43 8.35 ��• •�� ��� L13 S86'26'21 10.1 129 SB62554 15.23' • M+ ELEY Jefferson County, Texas L14 NOY33'39 19.00 L30 NOY32'24«W 9.97 •••�• ••••• •• •••••••••••••• 15 N8627 31 10.12 P. OR BY:JMK CK BY:MWW APP BY:MWW ••• 1 •i-,O VER:M.W 2006 SCALE: SHEET NO: MARK W. 1 L Rv DATE AUQ6r 2006 1"=100 1 REGISTERED PROFESSIONAL LAND SURVEYOR No. 108 Ap' 06-045water line son dw REV. 06-045 06-045wofer line esmt.dwg 0 City Council y Agenda Item g TO: City Council FROM: Kyle Hayes, City Manager lP PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 24, 2007 AGENDA MEMO DATE: July 17, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten(10)foot wide water line easement for fire hydrants across Villa de Lucas, Inc. property at 1005 East Lucas Drive. RECOMMENDATION Administration recommends acceptance of the above named easement. BACKGROUND Villa de Lucas, Inc. has agreed to convey a ten (10) foot wide water line easement to the City of Beaumont. The easement will provide access to the water lines and fire hydrants for the new Villa de Lucas Housing project at 1005 East Lucas Drive [1.40 acres of land out of the A. Williams Survey]. It would also allow for the construction,alteration,operation and maintenance of the said water line and appurtenances. BUDGETARY IMPACT None. engvilla-de-lucas-ib.wpd 17 July 2007 RESOLUTION NO. WHEREAS, Villa de Lucas, Inc., has agreed to convey a ten-foot (10') wide water line easement, being a 1.40 acre tract of land in the A. Williams Survey, Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, to the City of Beaumont for the purpose of providing access to the water lines and fire hydrants for the Villa de Lucas Housing project at 1005 East Lucas Drive and to allow for the construction, alteration, operation and maintenance of the said water line and appurtenances; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Villa de Lucas, Inc., as described in Exhibit "A" and shown on Exhibit "B" attached hereto, be and the same is hereby, in all things, accepted for the aforestated purpose. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, 2007. - Mayor Becky Ames - f FA UST Engineering and Surveying, Inc. PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS TELEPHONE(409)813341 O E-MAIL ADDRESS FAUSTENG @TEX IS.NET FAX(409)8133484 2525 CALDER SyFtEET BEAUMONT,TmcAS 77702 EXHIBIT"A"Page lof 2 FIELD NOTE DESCRIPTION FORA 10 EXCLUSIVE WATERLINE EASEMENT OUT OFA 1.40 ACRE TRACT IN THE A. WILLL4MS-SURVEY BEA UMONT, JEFFERSON COUNTY, TEXAS THAT certain 0.09 acre out of a 1.40 acre tract described in Clerk's File# 1999018734 of the Jefferson County Real Property Records out of the A. Williams Survey, Jefferson County, Texas, and being out of Block 8 in the said survey-, said 1.40 acre tract being more particularly described by metes and bounds as follows: CONDAENCING at an iron rod with disc found at the intersection of the north line of Weber Addition, a subdivision plat of which is recorded in Volume 8, Page 169 of the Jefferson County Map Records, and the west , line of Osborn Street, a 60 foot right of way; THENCE South 89 034'05" East along the south line of the said.1.40 acre . tract, a distance of 35.28 feet to a point for the southwest comer of the herein described 0.09 acre tract (10 foot exclusive waster line easement) and being the POINT OF BEGINNING; THENCE North 00°36'42"East, a distance of 406.38 feet to the south line. of East Lucas Drive being the north line of the said 1.40 acre tract and being the northwest comer of the said 0.09 acre tract; THENCE South 89°31'00" East(reference bearing) along the south line of Lucas Drive and the said 1.40 acre tract, a distance of 10.00 feet to the northeast comer of the said 0.09 acre tract; EXHIBIT "A" • Filed Note Description F-NMIT"A"Page 2 of 2 THENCE. South 00 036'42" West, a distance of 406.33 feet to a point on the south line of the said 1.40 acre tract and being the southeast comer of the said 0.09 acre tract; THENCE North 89 034'05"West(called North 89°31'00"West) along the north line of said Weber Addition and the south lie of the said 1.40 acre tract, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.09 acre tract of land more or less. This description is based on a Survey and plat prepared by Richard F. Faust, PE, Registered Professional Land Surveyor No. 4782, on March 19, 2007. Richard F. Faust, E .,.s.. ............., .:.. Registered Professional Land Surveyor No. 4782 kOiARD F.FAUST <Y,j,Qss�o,? a SU Page 2 SURVEY LEGEND —E,- A' ELECTRIC LINE = CONCARTS SURFACE D LC AIR CONDIT/ONfNO UNIT =-----=:VDOD FENCE —PL—PL— PIPELINE ® COVERED AREA POVER POLE —�— 'py —�f--CHAIN LINK FENCE —r—r— TELEPHONE LINE Q ROCK OR CAAVEL ST/4•ETLICNT X—BARBED VIRS PENCE scALr r•-eo' i� ❑ ❑ ❑ 17 ❑ ❑ ❑ ❑ x f0' EXCLUSIVE WATER LINE EASEMENT ej POW or BEOINemo 0 6'4 E — 4 6. 8' e N 89'84'05' W fO.00'--,'--- ❑ ❑ v O ❑ 01 ❑ ❑ S 89.81'00' E ❑ t 0.00' a e erw,e•r-ew.p• � . YXINITY MAP N.T.S. EXHIBIT B pSu r= SUMNYOWS CERITFICATION.• I do hereby certW. to the best of my knowledge and belief, that this is an accurate plat of a survey made on the ' gr-onl, —dwr+ny sups-ision AW The abode tract being located at 1005 EAST LUCAS, REAUMONT. TEXAS '`P�o�s7EgF and betray described as I 4304 SOUARF. FOOT TRACT OUT OF A f.4 ACRE TRACT IN THE A. WILLIAMS SURVEY pie � otn IICHAI BT 4782 FAUST 4112 P � 8%�`'y� ENGINEERING AND SURVEYING, INC. S+URVfG "Serving the Coldon Triangle )br 10 years" 2525 Calder Street RICHARD F. FAUST Beaunont. Texas 77702 REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 (409) 813-3410 Fax (409) 813-3484 E Q.. City g Council Agenda Item W_ IMMMIUS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner;Public Works Director MEETING DATE: July 24, 2007 AGENDA MEMO DATE: July 17, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of two (2) three foot (3') wide Sidewalk Easements along the west line ofNeches Street near the Cathedral Square property. RECOMMENDATION Administration recommends acceptance of the above named easements. BACKGROUND The owners below have each agreed to convey a three foot(3')wide Sidewalk Easement to the City of Beaumont. The City is planning on constructing brick pavers along the Neches Street right-of- way and the Sidewalk Easements will be needed for these improvements. One (1) three foot(3') wide Sidewalk Easement— 0.0124 acre tract out of Lots 465 and 476, Block 62, Beaumont Townsite Owner: Richard A. Clark One (1) three foot (3') wide Sidewalk Easement— 0.008 acre tract out of Lot 474, Block 62, Beaumont Townsite Owners: Meridian-Incline, LLC BUDGETARYIMPACT None. engneches_sidewalk-ib.wpd 17 July 2007 RESOLUTION NO. WHEREAS, the owners listed below have agreed to convey three foot (3') wide sidewalk easements along the west line of Neches Street near the Cathedral Square property, as described in Exhibits "A" and "B" and shown on Exhibit "C" attached hereto, for the purpose of allowing the construction of brick pavers along the Neches Street right- of-way: • One (1) three foot (3') wide Sidewalk Easement— 0.0124 acre tract out of Lots 465 and 476, Block 62, Beaumont Townsite Owner: Richard A. Clark • One (1) three foot (3') wide Sidewalk Easement— 0.008 acre tract out of Lot 474, Block 62, Beaumont Townsite Owners: Meridian-Incline, LLC and, WHEREAS, the City Council has considered the purpose of said conveyances and is of the opinion that the acceptance of said conveyances is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the sidewalk easements conveyed by the owners shown above, as described in Exhibits "A" and "B" and shown on Exhibit "C" attached hereto, be and the same are hereby, in all things, accepted for the aforestated purpose. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, 2007. - Mayor Becky Ames - Block 62, Lots 4651476 Beaumont Townsite BEING that certain tract of land out of Block 62 of the Beaumont Townsite, Beaumont, Jefferson County, Texas,recorded in Volume 448,Page 249,Deed Records, Jefferson County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a %"steel pipe found for the intersection of the Northerly right of way line of a dedicated road named Wall Street and the Westerly right of way line of a dedicated road named Neches Street; the Y2"steel pipe being the most Southeasterly comer of Lot 465,Block 62, Beaumont Townsite and being the most Southerly comer of the herein described tract; THENCE North 43 degrees, 41 minutes, 10 seconds West along the West right of way line of said Neches Street a distance of 180.18 feet to a 2" steel pipe; the 2" steel pipe being the most Northeasterly corner of Lot 476, Block 62, Beaumont Townsite and being the most Northerly comer of the herein described tract; THENCE South 46 degrees, 12 minutes, 53 seconds West along the Northerly line of Lot 476, Block 62,Beaumont Townsite a distance of 3 feet to corner; THENCE South 43 degrees, 41 minutes, 10 seconds East pars iel to the West right of way line of said Neches Street a distance of 180.18 feet to the North line .of Wall Street; THENCE North 46 degrees, 12 minutes, 53 seconds East along the South line of Lot 465, Block.62, Beaumont Townsite; also being the North line of Wall Street a distance of 3 feet to the PLACE OF BEGINNING and containing 0.0124 acres of land, more or less. EXHIBIT "A" Block 62, Lot 474 Beaumont Townsite BEING that certain tract of land out of Block 62 of the Beaumont Townsite, Beaumont, Jefferson County, Texas,recorded in Volume 448, Page 249,Deed Records, Jefferson County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a!/2" steel rod found for the most Northwesterly comer of Lot 474, Block 62,Beaumont Townsite; the %2" steel rod being in the South right of way line of a dedicated road named Forsythe Street; THENCE North 46 degrees, 3 minutes, 38 seconds East a distance of 60 feet along the South right of way line of said Forsythe Street to the intersection of said Forsythe Street and the Westerly right of way line of Neches Street for the POINT OF BEGINNING; THENCE South 43 degrees, 41 minutes, 10 seconds East along the West right of way line of said Neches Street a distance of 120 feet to a 2" steel pipe; the 2"steel pipe being the most Southeasterly corner of Lot 474, Block 62, Beaumont Townsite and being the most Southerly corner of the herein described tract; THENCE South 46 degrees, 12 minutes, 53 seconds West along the Southerly line of Lot 474, Block 62,Beaumont Townsite a distance of 3 feet to comer; THENCE North 43 degrees, 41 minutes, 10 seconds West parallel to the West right of way line of said Neches Street a distance of 120 feet to the South line of Forsythe Street; THENCE North 46 degrees, 12 minutes, 53 seconds East along the North line of Lot 474, Block 62, Beaumont Townsite; also being the South line of Forsythe Street a distance of 3 feet to the PLACE OF BEGINNING and containing 0.008 acres of land, more or less. I Exhibit "B" FOUND 1/2". / >� ' STEEL{lOd',%�� J��\ •fit, r FOUND 2" STEEL PIPE .r \4' 1 -t co Lu - '�� ; Car ¢. M� ' ��•� �� � O�N 6ti °" . mac \ 14 ng9ep e / ��, :. \' `�j 0�,.�c`�'• � �,'�, of 6ti \ ��lb /bhp •0 /, 5 Cit y g Council Agenda Item �• � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 24, 2007 AGENDA MEMO DATE: July 17, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten(10)foot wide water line easement for fire hydrants across Academy property at 7050 Eastex Freeway. RECOMMENDATION Administration recommends acceptance of the above named easement. BACKGROUND Academy, Ltd. has agreed to convey a ten (10) foot wide water line easement to the City of Beaumont. The Water Line Easement will provide access to the water lines and fire hydrants for the new Academy Store at 7050 Eastex Freeway [0.4568 acre of land out of the Thomas Spear League and the A. Duwe Survey]. It would also allow for the construction, alteration, operation and maintenance of the said water line and appurtenances. BUDGETARY IMPACT None. engacademyib.wpd 17 July 2007 RESOLUTION NO. WHEREAS, Academy, Ltd., has agreed to convey a ten-foot (10') wide water line easement, being a 0.4568 acre tract of land in the Thomas Spear League, Abstract No. 50, and the A. Duwe Survey, Abstract No. 459, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, to the City of Beaumont for the purpose of providing access to the water lines and fire hydrants for the new Academy Store at 7050 Eastex Freeway and to allow for the construction, alteration, operation and maintenance of the said water line and appurtenances; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Academy, Ltd., as described in Exhibit "A" and shown on Exhibit "B" attached hereto, be and the same is hereby, in all things, accepted for the aforestated purpose. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, 2007. - Mayor Becky Ames - CLR EXHIBIT "A" PAGE 1 OF 6 December 6, 2006 Revised April 9, 2007 Rev. June 15, 2007 METES AND BOUNDS DESCRIPTION OF A 0.4568 ACRE TRACT OF LAND IN THE THOMAS SPEAR LEAGUE,ABSTRACT NUMBER 50 AND THE A. DUWE SURVEY,ABSTRACT NUMBER 459 JEFFERSON COUNTY, TEXAS A proposed 10-foot wide waterline easement, being a 0.4568 acre (19,897 square foot) tract of land out of a 10.604 acre tract of land described in a deed from Eastex Four, Ltd. to Academy, Ltd., as recorded under Jefferson County Clerk's File Number 2007023100, in the Thomas Spear League, Abstract Number 50, and the A. Duwe Survey, Abstract Number 459, Jefferson County, Texas, said 0.4568 acre.tract being more particularly described as follows (bearings based on said 10.604 acre tract): BEGINNING at a Winch iron rod found in the northeast right-d-way line of U.S. Highway 69, bring the most westerly corner of said 10.604 acre tract and the most southerly comer of a called 1.148 acre tract of land (called Tract One) as described in a deed from James R. Dunaway, Substitute Trustee, to Orange Savings Bank, SSB, as recorded under Jefferson County Clerk`s Fife Number 2004009740, being the most westerly comer hereof; THENCE, North 32 degrees 03 minutes 50 seconds East, a distance of 722.07 feet, with the northwest One of said 10.604 acre tract, the southeast line of said called 1.148 acre tract, and the southeast line of the residue of a called 4.215 acre tract of land (called Tract Two) as described in the aforementioned deed recorded under Jefferson County Clerk's File Number 2004009740, to a 5/8-inch iron rod with "M.W. Whitely' cap found in the southwest right-of-way line of Concord Road, for the most northerly comer of said 10.604 acre tract and the most northerly corner hereof, THENCE, South 50 degrees 22 minutes 17 seconds East, a distance of 10.09 feet, along the southwest right-of-way of said Concord Road, to a point of corner; THENCE, South 32 degrees 03 minutes 50 seconds West, a distance of 441.44 feet, leaving the southwest right-of-way line of said Concord Road, to a point for comer, THENCE, South 57 degrees 56 minutes 10 seconds East, a distance of 44.50 feet, to a point for comer; THENCE, North 32 degrees 03 minutes 50 seconds East, a distance of 11.00 feet, to a point for corner; F:\sunrey\GWl016kDaes\M"501016-WLEdoe 0.4568 acre ENGINEERS • SURVEYORS • GIS 7600 W.Tidwell,Suite 400,Houston,Texas 77040 EXHIBIT "A►" Phone:713.462.0993 • Fax:713.462.2732 ■ Toll Free 800.694.8241 • www.c[H.com CLR EXHIBIT "A" PAGE 2 OF 6 THENCE, South 57 degrees 56 minutes 10 seconds East, a distance of 10.00 feet, to a point for comer; THENCE, South 32 degrees 03 minutes 50 seconds West, a distance of 11.00 feet, to a point for comer; THENCE, South 57 degrees 56 minutes 10 seconds East, a distance of 242.00 feet, to a point for comer; THENCE, North 32 degrees 03 minutes 50 seconds East, a distance of 11.00 feet, to a point for comer; THENCE, South 57 degrees 56 minutes 10 seconds East, a distance of 10.00 feet, to a point for comer; THENCE, South 32 degrees 03 minutes 50 seconds West, a distance of 11.00 feet, to a point for comer; THENCE, South 57 degrees 56 minutes 10 seconds East, a distance of 243.50 feet, to a point for comer; THENCE, North 32 degrees 03 minutes 50 seconds East, a distance of 105.50 feet, to a point for corner; THENCE, North 57 degrees 56 minutes 10 seconds West, a distance of 10.00 feet, to a point for comer; THENCE, North 32 degrees 03 minutes 50 seconds East, a distance of 10.00 feet, to a point for corner; THENCE, South 57 degrees 56 minutes 10 seconds East, a distance of 10.00 feet, to a point for corner; THENCE, North 32 degrees 03 minutes 50 seconds East, a distance of 224.88 feet, to a point for corner; THENCE, North 57 degrees 56 minutes 10 seconds West, a distance of 10.00 feet, to a point for corner; THENCE, North 32 degrees 03 minutes 50 seconds East, a distance of 10.00 feet, to a point for comer; F:\surveytD501016%DocsWB-0501016-WLE.doc 0.4568 acre ENGINEERS • SURVEYORS • GIS 7600 W.Tidwell,Suite 400,Houston,Texas 77040 Phone:713.462.0993 ■ Fax:713.462.2732 ■ Toll Free 800.694.8241 ■ www.clh.com CLR EXHIBIT "A" PAGE 3 OF 6 THENCE, South 57 degrees 56 minutes 10 seconds East, a distance of 10.00 feet, to a point for comer; THENCE, North 40 degrees 13 minutes 27 seconds East, a distance of 15.00 feet, to a point for corner in the southwest right-of way fine of said Concord Road; THENCE, South 49 degrees 46 minutes 33 seconds East, along the southwest right-of- way ine of said Concord Road a distance nee of 10.00 feet, to a point for corner, THENCE, South 40 degrees 13 minutes 27 seconds West, a distance of 14.29 feet, leaving the southwest fight-of-way line of said Concord Road, to a point for comer, THENCE, South 32 degrees 03 minutes 50 seconds West, a distance of 349.67 feet, to a point for corner, THENCE, South 57 degrees 56 minutes 10 seconds East, a distance of 87.65 feet, to a point for corner; THENCE, South 00 degrees 10 minutes 34 seconds East, a distance of 36.93 feet, to a point for comer, THENCE, North 89 degrees 05 minutes 45 seconds East, a distance of 10.00 feet, to a point for corner; THENCE, South 00 degrees 10 minutes 34 seconds East, a distance of 10.00 feet,,to a point for corner; THENCE, South 89 degrees 05 minutes 45 seconds West, a distance of 10.00 feet, to a point for corner; THENCE, South 00 degrees 10 minutes 34 seconds East, a distance of 161.52 feet, to a 1-inch iron pipe found in the north right-of-way line of State Highway 105 for a southeast corner of said 10.604 acre tract and the southwest corner of a tract of land described in a deed from Reba Westmoreland to William J. Travis, as recorded under Jefferson County Clerk's File Number 8501290, being the most easterly southeast corner hereof; THENCE, South 89 degrees 1'I minutes 00 seconds West, a distance of 10.00 feet, along the north right-of-way line of said State Highway 105, to a point for comer; THENCE, North 00 degrees 10 minutes 34 seconds West, a distance of 203.04 feet, leaving the north right-of-way line of said State Highway 105, to a point for corner, F:\surveyW501016EDocsWB-=1016-wL.E_doc 0.4568 acre ENGINEERS -. SURVEYORS ■ GIS 7600 W.Tidwell,Suite 400,Houston,Texas 77040. Phone:713.462.0993 - Fax:713.462.2732 ■ Toll Free 800.694.8241 ■ www.cld.com CLRI EXHIBIT "A" PAGE 4 OF 6 THENCE, North 57 degrees 56 minutes 10 seconds West, a distance of 642.13 feet, to a point for comer, THENCE, South 32 degrees 03 minutes 50 seconds West, a distance of 271.23 feet, to a point for corner in the northeast right-of-way line of said U.S. Highway 69; THENCE, North 47.degrees 00 minutes 20 seconds West, a distance of 10.18 feet, along the northeast rigt"f--way fine of said U.S. Highway 69, to the POINT OF BEGINNING and containing a computed area of 0.4568 acre (19,897 square feet} of land. OF srE 07.E 00 0 SY P•DE .IAN 4678Q�� a '�•e Us�• Larry P. DeLan�� S Registered Professional Land Surveyor Texas Registration Number 4578 A separate exhibit map was prepared in conjunction with this description. F:\survey\0501016\D \MB-0501016-WLE.doc 0.4568 acre ENGINEERS • SURVEYORS • GIS 7600 W.Tidwell,Suite 400,Houston,Texas 77040 Phone:713.462.0993 ■ Fax:713.462.2732 • Toll Free 800.694.8241 • www.cld.com r-L2 CONCORD ROAD L21 1-22 LINE TABLE LINE TABLE \�-L23 LINE BEARING LENGTH LINE BEARING LENGTH 1-19L1 32'03'50" E 722.07' L18 N 57'56'10" W 10.00' FOUND M.W. MA IRON ROD N 32'03'50" E 10.00' W/ . WHITELEY CAP L18L3 S 32'03 50" W 441 44' - L20 S 5756'10" E 10.00' L4 S 57'56'10" E 44:50' L21 N 40'13'27" E 15.00' L5 N 32'03'50" E 11.00' L22 S 49' 6'33" E 10.00' L6 S 7'56'10" E 10.00' L23 S 40'13'27" W 14.29' L7 S 3 '03'50" W 11.00' L24 S 32'03'50' W 349.67' 10.604 ACRES L8 S 57'56'10" 242.00' L25 S 57'56'10" E 87.65' EASTEx FOUR, LTD. L9 N 32'03'50" E 11.00' L26 S 00'10'34" E 36.93' TO L10 S 57'56'10" E 10.00' L27 N 8 ro '45" E 10.00' ACADEMY, LTD. L11 S 32 03'50" W 11.00' L28 S 0010'34" E 10.00' J.C.C.F. NO. 2007023100 L12 S 57'56'1 " E 243.50' L29 S 89 5'45" W 10.00' \ L13 N 32'03'50" E 105.50' L30 S 00'10'34" E 161.52' W L76 L14 N 57'56'10" W 10.00' L31 S 89111'00" W 10.00' -L 3 I L15 I L,6 N 32'03' 0" E' - 10,00' L32 0"10'34" W 203.04' I S 57'56' 0" E 10,00' L33 N 57'56' 0" W 642.13 <k'Ym 10' WIDE L14� I L17 N 32'03'50" E 224.88' L34 S 32'03'50" W 271.23' n � �W o $ WATERLINE EASEMENT L35 N 4 '00'20" W 10.18' � ww< *d J \ 0.4568 ACRE JI Notes: ��aNZ 19,897 SQ. FT.- L26 7 27 1.) All bearings are based upon the deed to Academy, 1" L10 f ��{,48 Ltd.filed In Jefferson County Clerk's File 2007023100. $0,1 L9_\ /-L11 L12 `a' I 1-6 \ _`art 29 2.) J.C.C.F=Jefferson County Clerk's File. L � 3.) Separate metes and bounds descriptions were 'L5 �1-7 REBA WE T ORELAND prepared in conjunction with this exhibit. TO_ t� c�\ WILLIAM J. TRAVIS 5 r LC.C.F. NO. 8501290 OF \ CALLED 0.917 ACRE A,P•613 T'g•�.'7.9 < � EASTEX FOUR, LTD. \ y:c 1 F (f1 1J win I TO FOUND 1' I Tl -` "..i...:.........�.f... y SYSTEM CAPITAL REAL PROPERTY CORPORATION IRON PIPE LARRY R DELANGE HID J.C.C.F.NO. 2001008233 a R Y I 9 Y9J` L31 !Sop 678 •." 2 \ y /" CLR /nc. 9,�suRV 0 Q:BR �F �y �� 10 5<0z �� SG CALLED 1.0402 ACRE t�Q"l Engineers • Surveyors • (n EASTEX FOUR, LTD. ✓�� 7600 West Tldw.lt State 400,N•ett.,T.x..77040 <rj'v �L 9C TO Pharo:(711)4624807 Fax:(711)461-2712 Qz °�i (�� (, SPEEDY STOP FOOD STORES. LTD. �1 .+ I (n J.C.C.F. NO. 2000040122 10' WADE WATERLINE EASEMENT A 0.4568 ACRE (19,897 SO. FT.)TRACT OF LAND W \AS 9\ IN THE A DUWE SURVEY, ABSTRACT NO. 459, AND THE SD THOMAS SPEAR LEAGUE,ABSTRACT NO. 50 9 BEAUMONT. JEFFERSON COUNTY,TEXAS SCAM' I DRARN Y. Fa?: APPROVED: paoacr la: 1'-100' 4-IS-tpD) ryW M/A OD-O10-I6 ND. DA TE DESCRIPTION PERFOMED FOR P.o.e.J L35 FOUND 5/8-IRON ROD U.S. HIGHWAY 69 4-09-20 7 REVISED EASEMENT LOCATION ACADEMY. LTD. 06-15-2007 ADDED RECORDED DEED REFERENCE M x Cr r»: 00 G IDUJCity Council Agenda Item Ne TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner Director of Public Works MEETING DATE: July 24, 2007 AGENDA MEMO DATE: July 17, 2007 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in West Chase Village - Section VIII Subdivision. RECOMMENDATION Administration recommends approval of the following: • West Chase Drive from 90 feet east of Whisper Wind Drive approximately 480 feet east to and including the cul-de-sac. Also, recommended for approval are the water and sanitary sewer improvements for Lots 2-18, Block 11. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on July 9, 2007. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in the West Chase Village-Section VIII Subdivision, have been completed as follows: Street. Storm Sewer West Chase Drive from 90 feet east of Whisper Wind Drive approximately 480 feet east to and including the cul-de-sac. Water and Sanitary Sewer Improvements Lots 2-18, Block 11. WHEREAS, the developers of said street desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department have determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the above-referenced street, storm sewer, water and sanitary sewer improvements in the West Chase Village- Section VIII Subdivision, with the exception of streetlights;are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, 2007. - Mayor Becky Ames - H ,,... City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: July 24, 2007 AGENDA MEMO DATE: July 18, 2007 REQUESTED ACTION: Council consider payment for repairs to a 1999 Caterpillar D7R bulldozer. RECOMMENDATION Administration recommends payment for repairs to a 1999 Caterpillar D7R bulldozer in the amount of$44,240.15 to Mustang Cat of Beaumont. BACKGROUND Unit 5085 is a 1999 Caterpillar D7R bulldozer that is used by the Solid Waste Landfill Division for compaction of trash and pushing cover material on the working face of the Landfill as needed. It is one(1)of the two(2)D7R bulldozers that are used daily and are essential to the Landfill operation. The extremely high volume of refuse that the Landfill has taken in during the past two(2)years has placed a strain on both pieces of equipment. When a large D7R dozer is down, smaller equipment must be diverted from other activities which can cause strain to the lighter equipment.Because both D7R units are needed daily, the repair to Unit 5085 was of an emergency nature. In January 2007,the bulldozer's transmission began slipping. Mustang Cat checked the transmission pressures and replaced some of the transmission valves, but the unit continued to experience problems. Due to excessive wear, a complete transmission overhaul was required. The overhaul consisted of removing the transmission and completely disassembling it in order to replace all of the worn components in the clutch packs and replace all of the seals and bearings. The unit was reassembled, tested, and returned to service. The repairs were completed in June 2007. The manufacturer's warranty is no longer in effect due to the age of the unit.The unit was purchased in December 1999 for$275,191.A new Caterpillar D7R bulldozer would cost approximately$400,000 today.The repairs that have been made have extended the useful life of this bulldozer by approximately two years. Repair of Caterpillar Bulldozer July 18, 2007 Page 2 State of Texas statutes provide for an exemption to competitive bidding if the procurement is necessary because of unforeseen damage to public machinery, equipment, or other property. BUDGETARYIMPACT Funds are available for this expenditure in the Fleet Management Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the payment of $44,240.15 to Mustang Cat of Beaumont for repairs to a 1999 Caterpillar D7R bulldozer, Unit 5085, Solid Waste Landfill Division. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, 2007. - Mayor Becky Ames - Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney,/*— MEETING DATE: July 24, 2007 AGENDA MEMO DATE: July 19, 2007 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Megan Lewis. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Megan Lewis. BACKGROUND Council discussed this claim in an Executive Session held on July 17, 2007. BUDGETARYIMPACT There are sufficient funds in the General Liability Fund to pay a settlement amount of$3,375. RECOMMENDED BY City Manager and City Attorney. RESOLUTION NO. WHEREAS,the claim of Megan Lewis was discussed in Executive Session properly called and held Tuesday, July 17, 2007; and, WHEREAS, the Council desires to authorize the settlement of the claim of Megan Lewis; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby, authorized to settle the claim of Megan Lewis for the amount of Three-Thousand Three-Hundred and Seventy-Five ($3,375) Dollars. BE IT FURTHER RESOLVED that the City Manager be authorized to execute the necessary instruments on behalf of the City of Beaumont to settle the claim. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, 2007. - Mayor Becky Ames - J A.. City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager ff PREPARED BY: Tyrone E. Cooper, City AttorneyC MEETING DATE: July 24, 2007 AGENDA MEMO DATE: July 18, 2007 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit styled Glenn McNeel vs. The City of Beaumont. RECOMMENDATION Council approval of a resolution authorizing the settlement of a lawsuit styled Glen McNeel v. City of Beaumont. BACKGROUND This matter was presented and discussed in Executive Sessions held on March 20, 2007, and July 17, 2007. BUDGETARY IMPACT There are sufficient funds in the General Liability Fund to pay a settlement amount of$75,000. RECOMMENDED BY City Attorney. RESOLUTION NO. WHEREAS, the lawsuit styled Glenn McNeel vs. The City of Beaumont was discussed in Executive Sessions properly called and held Tuesday, March 20, 2007, and July 17, 2007; and, WHEREAS, the Council desires to authorize the settlement of the lawsuit styled Glenn McNeel vs. The City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit styled Glenn McNeel vs. The City of Beaumont for the amount of Seventy-Five Thousand ($75,000) Dollars. BE IT FURTHER RESOLVED that the City Manager be authorized to execute the necessary instruments on behalf of the City of Beaumont to settle the suit. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, 2007. - Mayor Becky Ames - K ••.••• City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: July 24, 2007 AGENDA MEMO DATE: July 17, 2007 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit styled Elma Ardoin v. Larry Thibodeaux and the City of Beaumont. RECOMMENDATION Council approval of a resolution authorizing the settlement of a lawsuit styled Elma Ardoin v.Larry Thibodeaux and the City of Beaumont. BACKGROUND This matter was most recently presented and discussed in an Executive Session on April 17, 2007. BUDGETARY IMPACT There are sufficient funds in the General Liability Fund to pay a settlement amount of$20,000. RECOMMENDED BY City Manager and City Attorney. t RESOLUTION NO. WHEREAS, the lawsuit styled Elma Ardoin v. Larry Thibodeaux and the City of Beaumont was discussed in Executive Session properly called and held Tuesday, April 17, 2007; and, WHEREAS, the Council desires to authorize the settlement of the lawsuit styled Elma Ardoin v. Larry Thibodeaux and the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit styled Elma Ardoin v. Larry Thibodeaux and the City of Beaumont for the amount of Twenty-Thousand ($20,000) Dollars . BE IT FURTHER RESOLVED that the City Manager be authorized to execute the necessary instruments on behalf of the City of Beaumont to settle the suit. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, 2007. - Mayor Becky Ames - City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 24, 2007 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 8-12/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a request for a zone change from A-R(Agricultural- Residential)District to RS (Residential Single Family Dwelling)District for property located on the east side of N. Major Drive, south of Tram Road 2. Consider approving a request for a zone change from RS (Residential Single Family Dwelling)District to RM-M(Residential Multiple Family Dwelling- Medium Density)District and a specific use permit to allow a residential care facility for juveniles in an RM-M(Residential Multiple Family Dwelling-Medium Density)District at 3895 Kenneth 3. Consider approving a request for a specific use permit to allow a residential care facility for adult offenders in an RCR(Residential Conservation and Revitalization) District at 2346 McFaddin 4. Consider approving a request for an amended specific use permit to allow the expansion of a wholesale heating and air conditioning supply business in a GC-MD (General Commercial-Multiple Family Dwelling)District at 980 N. M.L.K. Parkway 5. Consider approving a request for an amended specific use permit to allow a repair shop for an equipment rental business in a GC-MD (General Commercial-Multiple Family Dwelling)District at 3450 W. Cardinal Drive 6. Consider approving a request for a specific use permit to allow a counseling service in the CBD (Central Business District) at 480 Franklin 7. Consider approving a request to amend Section 30-28 (d) of the Code of Ordinances related to allowing off-premise digital advertising signs 8. Consider approving a request to abandon a 5' sanitary sewer easement along the rear of Lots 21 and 22 and part of Lots 21 and 24, Block 3, Caldwood Acres Addition at the northwest corner of College and Chamberlin 9. Consider approving a request to abandon a 5' sanitary sewer easement along the rear of Lots 22 and 23 and part of Lot 24, Block 3, Caldwood Acres Addition at the northwest corner of College and Chamberlin 10. Consider authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Old Dowlen Road Project 11. Consider approving a resolution to accept the Downtown Improvements, Pearl Street (Calder Avenue to College Street), Bowie Street(Pearl Street to Main Street) and Liberty (Pearl Street to Main Street) Interlocking Concrete Brick Pavers Project, approve Change Order No. 3 and authorize final payment 12. Consider approving a payment to the Beaumont Council of Garden Clubs COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Troy Haskin,Jr., a/n/f of Dominisha T. Haskin, A Minor Claim of Gloria Martinez a/n/f of Dalahia Martinex, A Minor Claim of Aurora Hector a/n/f of Ebony Johnson, A Minor Claim of Elizabeth Wrighting a/n/f of Quentaxia Wrighting, A Minor Claim of Valeria Griffin a/n/f of Tegan Griffin, A Minor Claim of April L. Harrison a/n/f Aaron Harrison, A Minor Claim of Sheri and Lucinda Hilts, a/n/f Sherri Hilts, A Minor Claim of Delia Masong Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 July 24, 2007 Consider approving a request for a zone change from A-R(Agricultural-Residential) District to RS (Residential Single Family Dwelling)District for property located on the east side of N. Major Drive, south of Tram Road 7911 City Council Agenda Item AGESEREMK TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director�� MEETING DATE: July 24, 2007 AGENDA MEMO DATE: July 17, 2007 REQUESTED ACTION: Council consider a request for a zone change from A-R (Agricultural-Residential)District to RS (Residential Single Family Dwelling)District for property located on the east side of N. Major Drive, south of Tram Road. RECOMMENDATION The Administration recommends approval of a request for a zone change from A-R(Agricultural- Residential)District to RS(Residential Single Family Dwelling)District for property located on the east side of N. Major Drive, south of Tram Road. BACKGROUND Shammah Stone, L.L.C. has requested a zone change from A-R(Agricultural-Residential)District •to RS (Residential Single Family Dwelling)District. The purpose of the zone change request is to allow for the development of the subject property as a single family subdivision. Under A-R zoning,the minimum lot size is one acre. The proposed development will have a typical lot size of 0.18 acres. At a Joint Public Hearing held July 16, 2007, the Planning Commission voted 7:0 to approve a request for a zone change from A-R(Agricultural-Residential) District to RS (Residential Single Family Dwelling) District for property located on the east side of N. Major Drive, south of Tram Road. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED A-R (AGRICULTURAL- RESIDENTIAL) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED ON THE EAST SIDE OF N. MAJOR DRIVE, SOUTH OF TRAM ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned A-R(Agricultural-Residential)District to RS(Residential Single Family Dwelling) District for property located on the east side of N. Major Drive, south of Tram Road, as described in Exhibit"A" and shown on Exhibit"B," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, 2007. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING 24.1382 (Called 24.1365) acres of land out of and a part of the Daniel Easley League,Abstract No.20,City of Beaumont,Jefferson County,Texas,being part of a(Called 114.8)acre tract of land conveyed to George Click,recorded in Volume 17,Page 419,Deed Records, Jefferson County, Texas, and being the same land conveyed to Shammah Stone, L.L.C.,recorded in File No.2006024386,Official Public Records of Real Property,Jefferson County, Texas, said 24.1382 acre tract being more fully described by metes and bounds as follows, to wit: BEGINNING at a concrete monument marked "KOHLER" found on the South line of a (Called 47.7 1) acre tract of land conveyed to His Excellency,the most Reverend Bernard J. Gantor,Bishop of Beaumont,recorded in Film Code 101-57-0571, Official Public Records of Real Property, Jefferson County, Texas,being the Northwest corner of a(Called 13.49) acre tract of land conveyed to His Excellency,the most Reverend Bernard J.Gantor,Bishop of Beaumont,recorded in Film Code 100-12-2146,Official Public Records of Real Property, Jefferson County, Texas, and being the Northeast corner of the herein described tract; THENCE,Ref. Line=South 00 deg., 38 min., 00 sec.,East,on the West line of the(Called 13.49) acre tract and the most Northerly West line of a (Called 42.00) acre tract of land conveyed to His Excellency, the most Reverend Bernard J. Gantor, Bishop of Beaumont, recorded in Film Code 100-12-2150, Official Public Records of Real Property, Jefferson County,Texas,a distance of 1104.45'(Called 1104.62)to a 1"steel pipe found for an interior corner of the (Called 42.00) acre tract; said 1" steel pipe being the Southeast corner of the herein described tract; THENCE, South 88 deg., 56 min., 04 sec., West (Called South 88 deg., 55 min., 34 sec., West),on the most Westerly North line of the(Called 42.00)acre tract,a distance of 636.39' (Called 636.21') to a 5/8" steel rod found on the Northeasterly right-of-way line of a dedicated road named F. M.Highway 364(a.k.a.Major Drive); said 5/8" steel rod being the most Westerly Northwest corner of the (Called 42.00) acre tract and the Southwest corner of the herein described tract; THENCE, North 30 deg., 24 min., 27 sec., West (Called North 30 deg., 25 min., 01 sec., West), on the Northeasterly right-of-way line of said F. M. Highway 364, a distance of 1268.46'(Called 1268.43')to a 5/8" steel rod found for the Southwest corner of the(Called 47.71) acre tract and being the Northwest corner of the herein described tract; THENCE, North 88 deg., 59 min., 38 sec., East (Called North 88 deg., 59 min., 03 sec., East), on the South line of the (Called 47.71) acre tract, a distance of 1266.94' (Called 1266.92')to the POINT OF BEGINNING and containing 24.13 82 acres of land,more or less. EXHIBIT "A" File 1889-Z: Request for a zone change fi-om A R(Agricultural-Residential) District to RS (Residential Single Family Dwelling)District. N Location: East side of N. Major Drive, south of Tram Road Applicant: Shammah Stone, L.L.C. 0 100 200 300 400 500 600 Feet i 1 I I I i Legend ® 1889Z R-S R- v0 �O 'p A-R RM-H PUD EXHIBIT "B" Z July 24, 2007 Consider approving a request for a zone change from RS (Residential Single Family Dwelling) District to RM-M(Residential Multiple Family Dwelling-Medium Density)District and a specific use permit to allow a residential care facility for juveniles in an RM-M(Residential Multiple Family Dwelling-Medium Density)District at 3895 Kenneth ,.,,,. City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 24, 2007 AGENDA MEMO DATE: July 17, 2007 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District and a specific use permit to allow a residential care facility for juveniles in an RM-M (Residential Multiple Family Dwelling-Medium Density)District at 3895 Kenneth. RECOMMENDATION The Administration recommends denial of a zone change from RS (Residential Single Family Dwelling)District to RM-M(Residential Multiple Family Dwelling-Medium Density)District and a specific use permit to allow a residential care facility for juveniles in an RM-M (Residential Multiple Family Dwelling-Medium Density) District at 3895 Kenneth. BACKGROUND Theresa LaVergne, the applicant, is requesting a zone change from RS (Residential Single Family Dwelling)District to RM-M(Residential Multiple Family Dwelling-Medium Density)District and a specific use permit to allow a residential care facility for juveniles. The property is located at 3895 Kenneth. The subject property is the site of a former fire station. Ms. LaVergne states that she would like to use the structure for a residential treatment center for j uveniles. She states that the facility will house 13-16 children. There will be 24-hour supervision with a minimum of 3-4 staff on-site at all times. Ms. LaVergne states that the children who will live at the facility will be from a variety of backgrounds. Initially, it is Ms. LaVergne's desire that the facility will accept children from the foster care system, broken homes, etc. She did state that eventually the facility may take children from the justice system, as well. Accepting children from the justice system necessitates a specific use permit. This rezoning could be considered spot zoning. Spot zoning connotes an unacceptable zone change that singles out a single tract for treatment that differs from that accorded similar surrounding land without proof of changes and conditions. The following issues should be considered when determining whether a spot zoning situation exists: 1. The law demands that the approved zoning plan should be respected and not altered for the special benefit of the landowner when the change will cause substantial detriment to the surrounding land or serve no substantial public purpose. Would the zone change be in compliance with the adopted comprehensive plan? RESPONSE: All of the surrounding property is zoned RS. The South Park Neighborhood Plan designates the subject property and the surrounding area as single family residential. The proposed zone change would be for the special benefit of the landowner. The zone change would not be in compliance with the South Park Neighborhood Plan. 2. Will this change adversely impact the surrounding properties? Lots that are rezoned in a way that is substantially inconsistent with the zoning of the surrounding area,whether more or less restrictive, are likely to be invalid. RESPONSE: Rezoning the subject property to RM-M would allow apartments to be built in an area that is developed almost entirely with single family residential dwellings. Rezoning the subject property would be inconsistent with the zoning of the surrounding area. 3. Is the tract of land suitable or unsuitable for use as presently zoned? The size, shape and location of a tract of land or lot may render it unusable or even confiscatory as zoned. RESPONSE: The property itself is suitable for single family residential. On the property is a former City of Beaumont fire station. The property has been owned by a number of individuals since the City sold the property. The building could be used for single family purposes. 4. Does the proposed zone change bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas? RESPONSE: The proposed zone change does not bear a substantial relationship to the public health, morals or general welfare. The structure was built 1938. However, the building can be preserved without the need of a zone change. A zone change that would allow an increase in density could be detrimental to the general welfare of a single family residential neighborhood. At a Joint Public Hearing held July 16, 2007, the Planning Commission voted 7:0 to deny a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District and a specific use permit to allow a residential care facility for j uveniles in an RM-M(Residential Multiple Family Dwelling-Medium Density)District at 3895 Kenneth. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) DISTRICT FOR PROPERTY LOCATED AT 3895 KENNETH, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to RM- M (Residential Multiple Family Dwelling-Medium Density) District for property located at 3895 Kenneth, being ots 1-2, Block 52 Jef Chaison 2nd Addition City of Beaumont 9 Y , Jefferson County, Texas, containing 0.35 acres, more or less, as shown on Exhibits "A" and "B," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, 2007. - Mayor Becky Ames - File 1891- : Request for a zone change from RS (Residential Single Family Dwelling) to -M(Residential Multiple Family Dwelling-Medium Density)District and a specific use N pe rmit to allow a residential care facility for delinquents in an RM-M (Residential Multiple Family Dwelling-Medium Density) District. cation: 3895 Kenneth 0 100 200 Feet pplicant: Theresa Lavergne , PIPKlN ST Legend 1891 ZP y R-S R-S R-S R-S A z m v -i o = z n a M m BROCKMAN ST Co - cc EXHIBIT "A" � ,­­ ......4.__�_ %11!_.­_j_.,,__j......._L..j._l_�,.-L­'-4-J­�.J­­;_.l_,_' t : ' .. $ _. ­.....­_ ,�, ; i I , 1 1 f 1 ! ; ,,�..! '.. ; , ; f i . . , , , . ­J­ ..,;-.i....�.-,:...i-­ I t __L-4__i­L__4 i .4." 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I _.. . i i I ! ; I f -, � , , 1 . �--!',­4­--j--i­� ­7! ,­",-:j.­,-;--!--..+ , , , . , I I . . I I :: I .. , , , - I �+_L,i_,_,J-­___,­ _ _._ ___. I . . _ . �. � i 11 I I I -­ .., - __ :.,'---!.., .-i.'-i....��,..,;.�-!--,--!.-,*........�... ll,lt�i_ �_.I_�----!.__I+ ;J. -q::_,T�: . --- K;--F,: , , , , --. . . ,. . , , , , , , , ::: , : I I �i � ! - I __4._._i..i...... : , : I . : I . ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY FOR JUVENILES IN AN RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING -MEDIUM DENSITY) DISTRICT LOCATED AT 3895 KENNETH IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Theresa Lavergne, to allow a residential care facility for juveniles in an RM-M (Residential Multiple Family Dwelling -Medium Density) District located at 3895 Kenneth, being Lots 1-2, Block 52, Jef Chaison 2nd Addition, City of Beaumont, Jefferson County, Texas, containing 0.35 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a residential care facility for juveniles in an RM-M (Residential Multiple Family Dwelling -Medium Density) District located at 3895 Kenneth, being Lots 1-2, Block 52, Jef Chaison 2nd Addition, City of Beaumont, Jefferson County, Texas, containing 0.35 acres, more or less, is hereby granted to Theresa Lavergne, her legal representatives, successors and assigns, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, - Mayor Becky Ames - Ile 1891-7/P: Request for a zone change from RS (Residential Single Family Dwelling) to LM-M (Residential Multiple Family Dwelling -Medium Density) District and a specific use N permit to allow a residential care facility for delinquents in an RM-M (Residential Multiple 'amity Dwelling -Medium Density) District. .ocation: 3895 Kenneth 0 100 200 Feet applicant: Theresa Lavergne PIPKIN ST A z z m D M BROCKMAN ST Legend 1891ZP R-S EXHIBIT "A" .. ...... ... . tj r "T"".TJ 1­1'+ +4. L .......... 4- 4 -7 ----- AL Ar. r 4_ t 2a - --- ---- -- • 74... i 7 i. .4 J..q. ....... ..... . ..... -f- 4 JE4. J 4, JL _i. 4 -.4.4 j . J 4.4 j 31. 44. -.L L -L 4. J + - TF .4 Tt7 4.4 t _T 4 4-It 4 w 1 2 44 -r44 .4-4:f -�-4 -4- J- T- T T —1-44 r7.. .4-Z "A4-4- T 12 71 MTTI - 4 4 f-­-4­z-f4.4- -_4 _4 _4_4 7-TT -4­4 14� + t 4_4 . 'T--r 4' T_ 4—i--- ...... .. 4 TJ_ J. 7- 4.. -i-+444 -"11­1 -.4 __T 4-+4---j- -4 --1'- 4 _T_ Iff t j ` T 4_1.4L _I-4 1V J1 . ..... + L4L I r -4TT-J! . . ...... .4- t 4_44_. 4 J 4 �44 4- i 14. 4 7 J* -T.ce. . ...... 1 !L�L. j r 4 4—, L �:i _4 --- J - -I A -i-T, 1T.J.-4 i­�t t 4 D y --T 4 4 _4L.11- -4 -f rrr It. -I, -:1 t "Ll . W4-m-4-L q 4 �.,,44 - T R. 4 Ui 4- 4 J a X 11 L .... ..... w 7 -e 4 _ �, 4 i L.� j J e j J 5_ 4 "' EXHIBIT B 3 July 24, 2007 Consider approving a request for a specific use permit to allow a residential care facility for adult offenders in an RCR (Residential Conservation and Revitalization) District at 2346 McFaddin E NT.TEXAS TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Tom Warner, Public Works Director July 24, 2007 July 17, 2007 REQUESTED ACTION: Council consider a request for a specific use permit to allow a residential care facility for adult offenders in an RCR (Residential Conservation and Revitalization) District at 2346 McFaddin. RECOMMENDATION The Administration recommends denial of a request for a specific use permit to allow a residential care facility for adult offenders in an RCR (Residential Conservation and Revitalization) District at 2346 McFaddin. BACKGROUND Jimmie and Vernon Adams, the applicants, are requesting a specific use permit to allow a residential care facility for adult offenders in an RCR (Residential Conservation and Revitalization) District. The property is located at 2346 McFaddin. The property is currently occupied by a commercial building. Mr. and Mrs. Adams state that the facility will provide transitional services to female ex -inmates in need of social services. Initially, hours of operation will be from 8:00 a.m. - 8 p.m. Services to be provided will include obtaining proper identification, screening them for eligibility for social services such as food stamps, SSI, SSDI, TANF, medical and dental needs, etc. The clients will be assisted with the process of filing for eligible services and assigned a case manager to follow their case and assist them in all aspects of the process. The facility will assist its clients in locating permanent housing and satisfying employment. A long range goal is to maintain eight transitional beds to assist women who are leaving jail and would otherwise be homeless. At a Joint Public Hearing held July 16, 2007, the Planning Commission voted 6:1 to deny a request for a specific use permit to allow a residential care facility for adult offenders in an RCR (Residential Conservation and Revitalization) District at 2346 McFaddin. The "20% Rule" is in effect on this item. This means that in order to approve a zone change or specific use permit when the 20% Rule has been invoked at least six Council members must vote in favor of the ordinance. On File 1892-P, a protest of 31 % was received, therefore invoking the Rule on this case. For further information, please see the attached explanation of the 20% Rule. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLEDAN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY FOR ADULT OFFENDERS IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2346 MCFADDIN IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Jimmie and Vernon Adams to allow a residential care facility for adult offenders in an RCR (Residential Conservation and Revitalization) District located at 2346 McFaddin, being Lot 22, Block 20, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.172 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a residential care facility for adult offenders in an RCR (Residential Conservation and Revitalization) District located at 2346 McFaddin, being Lot 22, Block 20, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.172 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Jimmie and Vernon Adams, their legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, - Mayor Becky Ames - 'ilp 184?1nP: Request for a specific use permit to allow a residential care facility for adult ffenders in an RCR (Residential Conservation and Revitalization) District. N ,ovation: 2346 McFaddin Lpplicant: Jimmie Adams 0 100 200 Feet I i I I EXHIBIT "A" E�C4 A A Z EXHIBIT "B" Fj July 24, 2007 Consider approving a request for an amended specific use permit to allow the expansion of a wholesale heating and air conditioning supply business in a GC -MD (General Commercial - Multiple Family Dwelling) District at 980 N. M.L.K. Parkway BEAUMONT, TEXAS TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Tom Warner, Public Works Director July 24, 2007 July 17, 2007 REQUESTED ACTION: Council consider a request for an amended specific use permit to allow the expansion of a wholesale heating and air conditioning supply business in a GC -MD (General Commercial -Multiple Family Dwelling) District at 980 N. M.L.K. Parkway. RECOMMENDATION The Administration recommends approval of a request for an amended specific use permit to allow the expansion of a wholesale heating and air conditioning supply business in a GC -MD (General Commercial -Multiple Family Dwelling) District at 980 N. M.L.K. Parkway subject to the following conditions: 1. Reduce the size of the building to meet required setbacks or apply to the Board of Adjustment for variances to the building setback requirements along the north and east sides of the property. 2. Provide a 6' wide landscape strip along the southwest 43' of the parking lot. and with a modification to the landscaping requirements along the northwest 120' of the parking lot and along the east side of the subject property (no landscape strip along the northwest 120' of the parking lot, a 6' wide landscape strip along the southwest 43' of the parking lot and a 0'-5' wide landscape strip along the east property line). BACKGROUND M.O. Kothawala, representing M & B Investments L.P., the applicant, is requesting an amended specific use permit to allow the expansion of a wholesale heating and air conditioning supply business in a GC -MD (General Commercial -Multiple Family Dwelling) District. The property is located at 980 MLK Parkway. In 1997, City Council approved a specific use permit to allow the existing wholesale heating and air conditioning supply business. That business currently occupies 6,600 sq. ft. of building space. Mr. Kothawala states that if he is allowed to add an additional 5,000 sq. ft. of space to his existing building, the current tenant, ACR Supply L. P., will sign a new 10 year lease agreement. At a Joint Public Hearing held July 16, 2007, the Planning Commission voted 7:0 to approve a request for an amended specific use permit to allow the expansion of a wholesale heating and air conditioning supplybusiness in a GC -MD (General Commercial -Multiple Family Dwelling) District at 980 N. M.L.K. Parkway subject to the following conditions: 1. Reduce the size of the building to meet required setbacks or apply to the Board of Adjustment for variances to the building setback requirements along the north and east sides of the property. 2. Provide a 6' wide landscape strip along the southwest 43' of the parking lot. and with a modification to the landscaping requirements along the northwest 120' of the parking lot and along the east side of the subject property (no landscape strip along the northwest 120' of the parking lot, a 6' wide landscape strip along the southwest 43' of the parking lot and a 0'-5' wide landscape strip along the east property line). Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 97-29 TO ALLOW THE EXPANSION OF A WHOLESALE HEATING AND AIR CONDITIONING SUPPLY BUSINESS IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING)) DISTRICTAT 980 N. M.L.K. PARKWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Ordinance No. 97-29 passed by the City Council of the City of Beaumont on May 27, 1997, granting a specific use permit, be and the same is hereby amended to allow the expansion of an existing wholesale heating and air conditioning supply business in a GC - MD (General Commercial -Multiple Family Dwelling) District at 980 N. M.L.K. Parkway, being Lot 4-6 and the north 40' of Lots 7 and 8, Block 12, Jirou Addition, including the abutting abandoned alley, City of Beaumont, Jefferson County, Texas, containing 0.494 acres, more or less, as shown on Exhibit "A" attached hereto, subject to the following conditions: reduce the size of the building to meet required setbacks or apply to the Board of Adjustment for variances to the building setback requirements along the north and east sides of the property; • provide a 6' wide landscape strip along the southwest 43' of the parking lot; and with a modification to the landscaping requirements along the northwest 120' of the parking lot and along the east side of the subject property (no landscape strip along the northwest 120' of the parking lot, a 6' wide landscape strip along the southwest 43' of the parking lot and a 0-5' wide landscape strip along the east property line). Section 2. That an amendment to the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, - Mayor Becky Ames - ile 1894P: Request for an amen ed specific use permit to allow the expansion of a wholesale beating and it conditioning supply business. N ,ocation: 980 N. ML.K. Parkway ►pplicant: M & B InmEstment, L. P. 0 50 100 200 Feet 1 1 I Legend ® 1894P z a N --1 LONG AVE z r c m m --- 3 G) -v HARRISON AVE F-TT EXHIBIT "A" LEGEND —E 8` ELECTRIC LINE 0 CONCRETE SURFACE ❑ A C. AIR CONDITIONING UNIT - — — - ,HOOD PENCE —PL—PL— PIPELINE ® COVERED AREA • P.P. POIIER POLE CHAIN LINK FENCE ' —T—T— TELEPHONE LINE ROCK OR GRAVEL LIGHT FLYTURE —X— BARBED )FIRE FENCE M LONG AVENUE (60' R.O.r) FOUND s�4" S 89*50'09" E 100.13' FOI� %0D S 89.58'54 E 50.07' POUND SZ4" IRON OD EAST (CALLED EAST 50.00') IRON RO (CALLED f 00.00') y y y y y y y a y y y •y 4.B Z4.99 70.30' 50.00' ' 12' X 14' OVERHEAD DOO - y SCALE: 1 " = 40' I I 1 Oo b' I c O O c0 '.� - c o c MEW PROPOSED METAL o ` 0 0 'b N Fi • C �� E 7.000 BUDAING I M XE HT 16' SQ PT BUILDING ON SAM HEIGHT 1 E' 5,000 SQ PT e p y p o I I W t. Q M 4' LOT 6 LOT 5 LOT 4 o a o 3 I I o y ,J o o a. O W •. 12' X f4' OVERHEAD DOOR 12' X 14' RHEAD DOOR b0 N 43 �j S /N C0NC , .... S' DOOR IOF S' DOOR \ \ IW HOOD PENCE 'Y . .� �. b0 O O c0 N P. O its • ' ❑ ❑ ' .. POUND o C]. N 14+.+ 0 • i" y . -?IPARAIL E'NCd .. I . �- PIPE RAIF' .. .... IRON ROD h c� C: m EA- N s- PA. N.0 CA FENCE vQ cd.. S .' cv ° cd a> cn (D � cd Ga .d 09�` sN�ticow kfzll- ° ,� ' 'INLET GRATE , OUND f12"p \1� �8 65'04" lI 4Q 94' IRON ROD CALLED)last50.00 }O 3 O in E—•E-�E- •P• `LVLET ❑ P f7118B SfN \ •ZIed CONGRATEcd . Cg�� N +� N p. N ..�. b0 . ky y a" O �" y O 0 O O 'PAR ' NG yyyo H cd N O. dbA k bA c`�i Q. C~" q •kJ A (� WOOD FENCE }� OU cn cd e� N O N CONC W W W W W W L°yq 0 �' cd R' �' o ' 0 5 y v - x O HEST (CALLED WEST 100.01' 100.00') ���� IRON 10L O co w 0 M LOT 7 LOT 8 LOT 9 0 H ° 3 O O O .,!:i O FOUND 9/4' N IRON ROb .O 0 > > a o o ti ° 3 a AMENDED SPCIFIC USE N cd v l SITE PLAN FOR 980 NORTH MARTIN LUTHER KING BOULEVARD Date: 06119107 PARTS OF LOTS 4,5,6,7,6,AND 9 BLOCK 12 OF JIROU ADDITION EXHIBIT -b- 5 July 24, 2007 Consider approving a request for an amended specific use permit to allow a repair shop for an equipment rental business in a GC -MD (General Commercial -Multiple Family Dwelling) District at 3450 W. Cardinal Drive BEAUMONT,TEXAS TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: City Council Agenda Item City Council Kyle Hayes, Citx Manager Tom Warner, Public Works Director July 24, 2007 July 17, 2007 REQUESTED ACTION: Council consider a request for an amended specific use permit to allow a repair shop for an equipment rental business in a GC -MD (General Commercial -Multiple Family Dwelling) District at 3450 W. Cardinal Drive. RECOMMENDATION The Administration recommends approval of a request for an amended specific use permit to allow a repair shop for an equipment rental business in a GC -MD (General Commercial -Multiple Family Dwelling) District at 3450 W. Cardinal Drive subject to the following conditions: 1. No access to the property from Warren. 2. Retain the north 75 feet of the property as a buffer. 3. Install a 10' wooden privacy fence along the north boundary with no razor wire visible to the neighbors. 4. Normal business hours will be 7 a.m. - 5 p.m., Monday - Friday. BACKGROUND Alex Herrera, the applicant, is requesting an amended specific use permit to allow a repair shop for the Hertz equipment rental business in a GC -MD (General Commercial -Multiple Family Dwelling) District. The property is located at 3450 W. Cardinal. In 1996, Baker Tanks was granted a specific use permit to allow the storage and leasing of tanks in a GC -MD District. Approval of the original specific use permit prohibited access to the property from Warren and required the retention of the north 75' of the property as a buffer. Since that time, the businesses occupying the property have changed twice. American Waste Services occupied the property immediately after Baker Tanks left. Currently, the subject property and the property to the east at 3440 W. Cardinal is owned and occupied by Hertz Equipment Rental Corporation. In 2005, the Planning Manager granted Hertz approval to use the subject property as long as it was used for storage of equipment and employee parking. The required 75' deep buffer along the north property line was to be maintained. It is now the desire of Hertz to construct a 60' x 125' equipment repair shop building on the subject property. The facility shall be a pre-engineered metal building with three repair bays. The hours of operation for this new repair facility will be 7:00 a.m. - 5:00 p.m., Monday - Friday and will be on call 24 hours a day for emergency road service repairs outside the facility. Currently, a 6' tall chain link fence with plastic inserts exists along the north property line. Mr. Herrera states that Hertz will erect an 8' tall wood privacy fence along the north property line. In addition, the south side of the parking lot will be screened with crepe myrtles and a Thigh hedge. At a Joint Public Hearing held July 16, 2007, the Planning Commission voted 7:0 to approve a request for an amended specific use permit to allow a repair shop for an equipment rental business in a GC -MD (General Commercial -Multiple Family Dwelling) District at 3450 W. Cardinal Drive subject to the following conditions: 1. No access to the property from Warren. 2. Retain the north 75 feet of the property as a buffer. 3. Install a 10' wooden privacy fence along the north boundary with no razor wire visible to the neighbors. 4. Normal business hours will be 7 a.m. - 5 p.m., Monday - Friday. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 96-28 TO ALLOW A REPAIR SHOP FOR AN EQUIPMENT RENTAL BUSINESS IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING)) DISTRICT AT 3450 W. CARDINAL DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Ordinance No. 96-28 passed by the City Council of the City of Beaumont on May 28, 1996, granting a specific use permit, be and the same is hereby amended to allow a repair shop for an equipment rental business in a GC -MD (General Commercial -Multiple Family Dwelling) District at 3450 W. Cardinal Drive, being Tract 2, Block 27, M.C. Cartwright Addition, City of Beaumont, Jefferson County, Texas, containing 3.06 acres, more or less, as shown on Exhibit "A" attached hereto, subject to the following conditions: • No access to the property from Warren. • Retain the north 75 feet of the property as a buffer. • Install a 10' wooden privacy fence along the north boundary with no razor wire visible to the neighbors. • Normal business hours will be 7 a.m. - 5 p.m., Monday - Friday. Section 2. That an amendment to the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, - Mayor Becky Ames - : Request for an amended specific use permit to. allow a repair shop for an rental business in a GGMD (General Commer WkMultiple Fan* Dwelling) cation: 3440 W. Cardinal Alex Herrera. 0 100 200 Feet i I i i N A* EXHIBIT "A" 2R y�pppp � 7 W N � o a 8 it �_ —_� " o €okp a a_� lilt ♦W CD Ali 37W83?�HS J Z .. Q 24l Zzww z ZW F.pQ a U Nw Vwlm N J VIDz 0 W`N OU K WO I I1 U oz z S om m( 0Y I ai au Ca� 0�w .a " 1 1 II��Wm I a(� m< II 11 q0 Ip3ww x I 0 Z V, I IL 3 I a Io I II �U i I .v,mZ - I o � 'y •in?� li I� —�—— —————————— — —— — —— mv�i — T —c'Ta w Z W W W-'w m4U N-Z 4 U it m QUIZ m10 ZZ mJ0 N W W d 41 Fo L J I�1/Am0 NFU Wm W U zza N K N wa- _ X 3k1� WARREN STREET (45' R.D.W.) I ( 4 J Jr H 'XEpu3 - Xtlpuopq `.uz.d S - MWE L aq IpA smoq ss;)msnq IuuuoN .b siogq�?tau aq; o; algcsin a.nnn sozuz ou q;inn ,LiEpunoq q; ou aq; SuolE aoua3 Aounud uapoom ,o I u IIE;suI '£ •zajjnq E su Xvadoid aq;3o;aaJ SL Wou aq; utE102I 'Z mazuM uio.g fandoid aq; o; ss000u ON • I EXHIBIT "B" :suoMpuoo 5upAollo3 aq; o;;oofgns IEnoiddd ,k July 24, 2007 Consider approving a request for a specific use permit to allow a counseling service in the CBD (Central Business District) at 480 Franklin TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Tom Warner, Public Works Director--rP July 24, 2007 July 17, 2007 REQUESTED ACTION: Council consider a request for a specific use permit to allow a counseling service in a CBD (Central Business District) at 480 Franklin. RECOMMENDATION The Administration recommends approval of a request for a specific use permit to allow a counseling service in a CBD (Central Business District) at 480 Franklin. BACKGROUND Ella Mae Chisum, the applicant, is requesting a specific use permit to allow a counseling service in the CBD (Central Business District). The property is located at 480 Franklin. Ms. Chisum states that she has been a licensed professional counselor for 8 years. She will be using the subj ect property to provide mental health counseling to individuals, couples and groups. She also receives referrals from the probation and parole office for offenders required to attend treatment for engaging in inappropriate sexual behaviors. During these sessions, the parole/probation officers also attend the treatment group to monitor the clients. Ms. Chisum currently practices 2628 McFaddin. She has a contract to purchase the subject property. The property was formerly used as an attorney's office. Normally, a counseling service is permitted by right in the CBD. However, in September, 2006, City Council approved an ordinance temporarily requiring a specific use permit for new uses in the CBD. At a Joint Public Hearing held July 16, 2007, the Planning Commission voted 7:0 to approve a request for a specific use permit to allow a counseling service in a CBD (Central Business District) at 480 Franklin. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COUNSELING SERVICE IN A CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 480 FRANKLIN IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Ella Mae Chisum to allow a counseling service in a CBD (Central Business District) for property located at 480 Franklin, being the west 40' of the south 90' of Lot 260 and the south 90' of Lot 261, Block 45, Beaumont Addition, City of Beaumont, Jefferson County, Texas, containing 0.206 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a counseling service in a CBD (Central Business District) for property located at 480 Franklin, being the west 40' of the south 90' of Lot 260 and the south 90' of Lot 261, Block 45, Beaumont Addition, City of Beaumont, Jefferson County, Texas, containing 0.206 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby granted to Ella Mae Chisum, her legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, - Mayor Becky Ames - Request for a specific use permit to aaow a counseling service in a CBD ;Central Business District). 480 Franklin : Ella Mae Chisum 0 100 200 Feet I i I I N EXHIBIT "A" SURVEY LEGEND —3: ELECMC LING 0 CONCRETE SURFACE ❑ A. C. AIR 'CONDITIOII mr UNIT = — — = WOOD PRAW fT771 PLPL— PIPELIIIa 90 COVERED AREA . Ap. POJr$R POLE CHAIN LINN FENCC —T--T---- TELEPHONE LINE ED ROCK OR GRAVEL )ZE STimnICHI' X AARBED I►IRE PENCE CLIENT.' WINTER LIFE PARTNER P GF: 20040921 M�o NOn . oR "P"RLY CLERE'S FILE 02001009145 &PR r `ter SCALE: 1 " = 30' ear se� IRON OD N 49.32'39" E (�D EAST 100. 100.66' 0' AM) d ,i rims FOOTING . LED (CALN 49.0-f ' d RER MAP 1 FOR CORNER 1.20 _ .� FCHAIN EN B LINE •�'•%.y�• O.tf AC - t.' a• "aM• 1 C `• .DRIVE• °;� lId'TAL t� O RR a• is I :.: : •- •f .: 20 O �C 'mot � i. i.-,�•'-�. ONB 871DR 7v o h ON SUB CVVD �ti•vi.-�':n �.•., r. CONC �yS .hob w � •..,y.: � ;... _ : v O.NOII VR FORMERLY caws plu009436461 JCRPR • �'CONG�-.•e•.N ' ��•:DRIVd• ~_ � f FOUND 6/a r IRON ROb lHi.f 1' SE1 Me - A • -T • .:• 100.001 — IRON ROD f\ / sdr 3�a' S 49.17'15" W FOUND 5/8` J DtON �. _LCJ�LLED ►d �O(li•OC' -IRON ROD POW OF E _ E REF NCd .1�16dD E — E — E —ter-- E - BIGINNI've 480 F "IaM `OVERHEAD -STRLrET ELEC7RIC irp" BASIS OP BUXINCS IS THd NORM LINE OF FRANAZ/A/ S77tEET BEARDIC 9 I910' l6' C BaA �V- f/r/ . M T,uRN FROM ?" C. L SV""R ? J A1AP3 or THd Cf17 OF BLUXON? ' IMMUPTION of SERVICdS - LOCATE CORNERS AND SHOW IdjPROYEMENTS • SURYEI.OR'S CXXVICATION: I do hereby certify, to the best of my knowledge and belief, that this is an accurate plat of a survey made on.the ground under my suporvision, sh__W all improw ntents and any visible encroachments, as of MAY 46, 2004 The above tract being Located at 480 SOUTH FRANIr11hr QTAIESP•n EAiFVAvn Tpv�a 777Qf and .60&W described - as ++R ter er :m rr: era rer rrr+• �e• ern re• ei :" n r een-•.a4 te.•"�rr m sr ee as recorded in YoNtme 44B, Page 24A of the ecords of JEFFR'RSOJV County, .Tax— In.accordgncs with the Flood Insw=ce Rate Map of the Federal anagerrtont Agency, map reference shown, the subject tract lice in the flood sons noted Location on map w del ned.by oale. Aetna! JK not deterntined useless requested FAUST Engtnteering and Surveying, I ., do not w s e• the ecwraay or scale of said map. OZOG4FAUSfNoebewftandSww.-, tylac ~ ABrfeha r!::W MANWMAp.eTOACcroonALDonfunonl OROOMMMTO aead1Ae 9r'ttmAWlorWRAMYaIYQTaWM0RYTOnmRVARM VJLLLAT 91 F. FAUJ a ��tAaT'c` "Lona�s a,o�,�Ro,,T`TO1"1°r"�'01°"87° REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 ENCROACEMINT NOTES: Date:_ MAY 27. 2004 1. HURaING GVEMAPS PROPWRTY LM A3 SRM Census Tract: ie FEMA Flood Zone: Y_ Community Panel NO.: 485457-0020 C Panel Dato: 08106102 .FAUST ENGUMOM SIG AND SURVSYIiIG, INC. Fi¢ld Book No.: 04-8 'sarutlW Ow Gsldea 7won& for to ye�e^ 26M Calder Project No. 0404-085 Wind AnurAwd, Tssa. Moz (409) 8f3—S416 Ass (409) 8I3-3I84 EXHIBIT "W) July 24, 2007 Consider approving a request to amend Section 30-28 (d) of the Code of Ordinances related to allowing off -premise digital advertising signs .ram. City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director ¢� MEETING DATE: July 24, 2007 AGENDA MEMO DATE: July 17, 2007 REQUESTED ACTION: Council consider a request to amend Section 30-28 (d) of the City of Beaumont Code of Ordinances related to allowing off - premise digital advertising signs. RECOMMENDATION The Administration recommends approval of a request to amend Section 30-28 (d) of the City of Beaumont Code of Ordinances related to allowing off -premise digital advertising signs. BACKGROUND George Crawford, representing Lamar Advertising, came before the Planning Commission on June 18, 2007 in a workshop session to discuss amending the Zoning Ordinance to allow off -premise digital advertising signs (billboards). The Planning Commission instructed staff to develop regulations that would allow such billboards. The Planning staff recommends the following ordinance amendments: Section 30-4 (Definitions) - Digital Billboard: An off -premise advertising sign displaying digital static images controlled by electronic communications. Section 30-28 (d) 3 (Advertising Signs Illumination) - Illumination: Except for digital billboards as provided herein, advertising signs maybe illuminated only by indirect lighting subject to the following conditions: a. Signs which contain, include or are illuminated by flashing, intermittent or moving lights are prohibited, except for digital billboards, as defined in this chapter. Signs giving public service information such as, but not limited to, time, date, temperature, weather or similar information shall be permitted. b. Lighting shall be shielded to prevent beams or rays from being directed at any portion of a traveled roadway or an occupied residential area and shall not be of such intensity or brilliance as to cause or impair vision. C. Digital billboards that are illuminated shall be subject to the following restrictions: d. The image or message shall be static or fixed and lasting no less than ten (10) seconds. Each screen message is to contain a single advertisement; e. The image or message shall change to another image or message in a period of two seconds or less; f. The image or message shall not be animated, flashing, scrolling or contain video imagery; g. The image or message shall adjust its brightness as ambient light levels change so as not to be visually distracting; and h. The digital billboard shall contain a default design that will freeze the sign 's image or message if a malfunction occurs. At a Joint Public Hearing held July 16, 2007, the Planning Commission voted 7:0 to approve a request to amend Section 30-28 (d) of the City of Beaumont Code of Ordinances related to allowing off -premise digital advertising signs, subject to each static message containing only one advertiser. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SUBSECTIONS 304(b) and 30-28(d)(3) RELATING TO ALLOWING OFF -PREMISE DIGITAL ADVERTISING SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 30, Subsection 30-4(b) be and the same is hereby amended to add a definition to read as follows: Sec.30-4. Definitions. (b) Definitions: In the interpretation of this chapter, the following words and terms are to be used and interpreted as defined hereinafter: Digital billboard: An off -premise advertising sign displaying digital static images controlled by electronic communications. Section 2. THAT Chapter 30, Subsection 30-28(d)(3)(a) and (b) be and the same are hereby amended and a new subsection (c) is added to read as follows: Sec. 30-28. Sign regulations. (d) Advertising signs. Advertising signs shall not be permitted except as noted: (3) Illumination: Except for digital billboards as provided herein, advertising signs may be illuminated only by indirect lighting subject to the following conditions: a. Signs which contain, include or are illuminated by flashing, intermittent or moving lights are prohibited, exceptfor digital billboards, as defined in this chapter. Signs giving public service information such as, but not limited to, time, date, temperature, weather or similar information shall be permitted. b. Lighting shall be shielded to prevent beams or rays from being directed at any portion of a traveled roadway or an occupied residential area and shall not be of such intensity or brilliance as to cause or impair vision. C. Digital billboards that are illuminated shall be subject to the following restrictions: 1. The image or message shall be static or fixed and lasting no less than ten (10) seconds. Each screen message is to contain a single advertisement; 2. The image or message shall change to another image or message in a period of two seconds or less; 3. The image or message shall not be animated, flashing, scrolling or contain video imagery; 4. The image or message shall adjust its brightness as ambient light levels change so as not to be visually distracting; and 5. The digital billboard shall contain a default design that will freeze the sign's image or message if a malfunction occurs. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, 2007. - Mayor Becky Ames - •01 July 24, 2007 Consider approving a request to abandon a 5' sanitary sewer easement along the rear of Lots 21 and 22 and part of Lots 21 and 24, Block 3, Caldwood Acres Addition at the northwest corner of College and Chamberlin City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 24, 2007 AGENDA MEMO DATE: July 17, 2007 REQUESTED ACTION: Council consider a request to abandon a 5' sanitary sewer easement along the rear of Lots 21 and 22 and part of Lots 21 and 24, Block 3, Caldwood Acres Addition at the northwest corner of College and Chamberlin. RECOMMENDATION The Administration recommends approval of a request to abandon a 5' sanitary sewer easement along the rear of Lots 21 and 22 and part of Lots 21 and 24, Block 3, Caldwood Acres Addition at the northwest corner of College and Chamberlin subject to the relocation of the sanitary sewer line at the expense of the property owner. BACKGROUND Fittz & Shipman, Inc. is requesting the abandonment of a 5' x 10l' sanitary sewer easement and a 2.5' x 43' sanitary easement located on property at the northwest corner of Chamberlin and College. With the abandonment of these easements and an adjacent easement to the east, the properties will better accommodate development. A proposed 15' utility easement is to be dedicated at the north end of the property to replace the abandoned easement. New lines and easements are in place. At a Joint Public Hearing held December 18, 2006, the Planning Commission voted 6:0:1 to approve a request to abandon a 5' sanitary sewer easement along the rear of Lots 21 and 22 and part of Lots 21 and 24, Block 3, Caldwood Acres Addition at the northwest comer of College and Chamberlin subject to relocation of the sanitary sewer line at the expense of the property owner. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 5' AND A 2.5' WIDE SANITARY SEWER ALONG THE REAR OF LOTS 21 AND 22 AND PART OF LOTS 21 AND 24, BLOCK 3, CALDWOOD ACRES ADDITION AT THE NORTHWEST CORNER OF COLLEGE AND CHAMBERLIN STREETS IN BEAUMONT, JEFFERSON COUNTY, TEXAS. THAT a 5' wide and a 2.5' wide sanitary sewer easement located along the rear of Lots 21 and 22 and part of Lots 21 and 24, Block 3, Caldwood Acres Addition at the northwest corner of College and Chamberlin, being that 5' x 101' sanitary sewer easement as recorded in Vol. 943, Pg. 411, Deed Records of Jefferson County, City of Beaumont, Jefferson County, Texas, containing 0.011 acres, more or less, and also being that 2.5' x 43' sanitary sewer easement as recorded in Vol. 943, Pg. 412, Deed Records of Jefferson County, City of Beaumont, Jefferson County, Texas, containing 0.002 acres, more or less, as shown on Exhibits "A" and "B" attached hereto, be and the same are hereby vacated and abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, 2007. - Mayor Becky Ames - No Text O vN UN3M3AYd IIYHdSY) 8AIJQ U1112gU DqD pq N r O N I co b c oW G uj -100 � ;� I >A . 8 �� I � � I boo in In �Q in N F OJ U � ZIz IZid IIt -. 7 [Z W O U �ZatOp� �6� O 0 � J�6 (�oa 3� �z woo �Za< 86v1 �w t �WwM� J O d ca O iO �o IW 3 W S Ico 7 K >I Q N Z H Wa O =- - F in 66' L6 M 9§ L0. LO N (0926 0311V0) p S l lol cj �P o 13Z'LOZ 3 a9C LC.00 N (00'OOZ 0311V0) Qv 0 6L iol Fvhihit "R" t", o d z z o w X �- W N O) W cD p O 0 N � O J Q r F w zL) 0 U7 Qzcu Wa o in Ergo O6 O A L W 7 z � �i x w� w z n V1 V o n �1 �y w a a 0 O N Z < M 6 O M > a n F z 7 N El 2 � 0 IL Q O ■t m `t' O c X W j L� F U Oco QU C W m M r � a:N W N F- Z M co cr L C� CVB/Change Order No. 10 July 17, 2007 Page 2 d. Original plans specified a six (6) foot brick paved sidewalk adjacent to the building on Willow Street. Brick paved sidewalks installed in downtown are 10 feet in width. The City's Engineering Division is currently developing plans and specifications to renovate the adjacent parking lot on Calder and Willow. In this renovation, 10 ft. brick paved sidewalks will be installed. A price was requested to install the same width to match the sidewalk that will continue south on Willow. Also, included in this cost is the installation of electrical connections for the decorative lights that are being installed in the downtown district. The total cost is $18,895.80. Total construction cost to date is as follows: Percentage Change Contract Price $1,267,082.00 Change Order No. 1-9 $8,484.97 Change Order No. 10 $27,778.05 2.2% Total to Date T-$1,303,345.02 2.8% A copy of Change Order No. 10 is attached for your review. BUDGETARY IMPACT Funds are available in the Capital Program. CHANGE ORDER AIA DOCUMENT G701 OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ OTHER ❑ PROJECT: Beaumont Convention & Visitors Bureau (name, address) City of Beaumont TO CONTRACTOR: P. O. Box 3827, Beaumont, Tx. 77704 (name, address) H. B. Neild & Sons, Inc. P.O. Box 22555 Beaumont, TX 77720-2555 SEI Project # 04-463 CHANGE ORDER NUMBER: 10 DATE: July 10, 2007 ARCHITECT'S PROJECT NO: 04463 CONTRACT DATE: August 10, 2006 CONTRACT FOR: New Facility located at 505 Willow, Beaumont, Tx. 77701 The Contract is changed as follows: Please see attachments for breakdown of change request. Total Change Order $27,778.05 Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) was ........................ S 1,267,082.00 Net change by previously authorized Change Orders .......................... . .... S 8,484.97 The (Contract Sum) prior to this Change Order was .......... S 1,275,566.97 The (Contract Sum) (6traeurtttrd*Maxitrtntt price) will be (increased) (deco-m"ed) (tlrt *vIgee!) by this Change Order in the amount of ............................ S 27,778.05 The new (Contract Sum)including this Change Order will be .. S 1,303,345.02 The Contract Time will be (inefessed) (det; used) (unchanged) by ( ) days. The date of Substantial Completion as of the date of this Change Order therefore is May 14, 2007 NOTE: TliLs summary does not reflect changes in the Contract Sum, Contract Time or GuaranteLd Maximum Price which have hmn authorized by Construction Change Directive. Sigma Engineers, Inc. H. B. Neild & Sons, Inc. City of Beaumont ARCHITECT CONTRACTOR OWNER 4099 Calder Avenue on P.O. Box 22555 P. O. Box 3827 AddrewtT Address Address Beauaumont, T 7720- 555 Beaumont, TX 77704 BY BY DATE *�7;— D iD -( DATE 1 i CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT GMI • CHANGE ORDER • I98' EDITION • AIA• • ©198' • THE AMERICAN INSTITUTE OF ARCHITECTS. 1'j5 NEW YORK AVE.. N.W.. W'ASHINGTON. D.C. 2(N)tK' G701-1987 WARNING: Unlicensed photocopying vlolates U.S. copyright laws and is subject to legal prosecution. J. Neild & Sons, Inc. j. Box 22555 jaumont, TX 77720-2555 )h : (409)842-2272 To: Sigma Engineers, Inc. 4099-D Calder Beaumont, TX 77706 Ph:409-898-1001 Fax:409-898-3420 Description: Granite material Change Request 1 Number: 20 Date: 6/21 /07 Job: 2006-764-30 Bmt. Conv. & Visitor's Bureau Phone: We are pleased to offer the following,specifications and pricing to make the following changes: The difference for the material in granite The total amount to provide this work is.......................:....................................................................... The schedule is not affected by this change. If you have any questions, please contact me at 409-842-2272. Submitted by: Taylor Neild H. B. Neild & Sons, Inc. Cc: Broussard, Christy (Neild, H. B. & Sons, Inc.) Approved by: Date: $2,378.37 Page 1 of 1 ..From: 06/21/2007 16:14 #022 P.002/002 Porter's Flooring America 7629 Eastex Freeway Beaumont, TX 77708 (409) 898-8858 FAX (409) 898-3868 06/22/06 1tE: Beaumont Convention and Visitor's Bereau Enhance all floor granite floor tile. PRICE: Add $4,510.00 to contract Notes: 1. No tax included. 2. Sealing of grout joints in included in prices. All material is gmranteed to be as specified All work to be completed in professional manner according to standard practices Any alteration or dcviatiou from above specification involving extra costs will be executed only upon written orders, and will became as extra charge over mid above the estimate. All agrmn=ts are coutfngeut upon suilcec, accidents or delays beyond our emtrol. Owner to carry fae, tamado and other accessaryias%a'adce. Our wmk= are fully covered by Worim Compensation lasumm We may withdraw proposal Toot accepted within 30 days Accepted By. Brandon Giacomo Contract Specialist Date: 06/19/2007 12:41 #004 P.002/002 Porter's Flooring America 7628 Eastex Freeway Beaumont TX 77708 (409) 898-8858 FAX (409) 898-3868 06/19/07 RE: Beaumont Convention and Visitor's Bureau Scone Of Work: Furnish and install Carpet ]Base in conference room only. PRICE: $1402.62 added to current contract price. Notes: 1. No tax included. Allmaterial is pmizateed to be as specified All waken be cmpleted i m pmfessional want ac=lmg to standmd ptat-tices. Any alteration ordevn don from above specificatim irrvolviag extra costs win be executed only upon written order, and will become an exha charge over and above the estimate. All agteemect$ arc contingent upon strikes, accidents or delays beyond our control Owner to carry f r, tornado and other necessny insmance. Our workers we fully covered by Wod= Compensation insurance. We maywitbdraw proposal if not accepted widdn 30 days. Accepted By. Brandon Giacomo Contract Specialist M w�4 Date: CA� JUI. 10. LUU/ IU;JUAM H. S, Neild & Sons, Inc. P.O. Box 22555 Beaumont, TX 77720.2555 Ph: (409)842-2272 Mb 4t1LU & J0 To: Sigma Engineers, Inc. 4099-0 Calder Beaumont, TX 77706 Ph: 409.898-1001 Fax, 409-898-3420 Description: SIDE WALKS Change Request No. 411d V. 1 Number: 23 Date: 6/28/07 Job: 2006-764-30 Bmt. Conv. & V13itors Bureau Phone: We are pleased to offer the following specifications and pricing to make the following changes: TO MAKE WILLOW STREET SIDEWALK 10 FT WIDE. Please note that this price does not include the new landscaping. This price also excludes tree grates and light poles Masonry- $11,968.00 Base for sidewalk- $3,000.00 Electrical to set light- $2,210.00 10% HBN mark-up - $1,717.80 The total amount to provide this work is.................................................................................................. The schedule is not affected by this change. If you have any gUestions, please contact me at 409-842-2272. Submitted by: Taylor Neild H. B. Neild & Sons, Inc. Cc: Broussard, Christy (Neild, H. B. & Sons, Inc.) Approved by: Date: $10,895.80 Page 1 of 1 RESOLUTION NO. WHEREAS, on July 18, 2006, the City Council of the City of Beaumont, Texas, passed Resolution No. 06-204 awarding a contract in the amount of $1,267,082 to H. B. Neild & Sons, Inc. for the construction of the Beaumont Convention & Visitors Bureau office building at 505 Willow; and, WHEREAS, Change Order Nos. 1 - 9 in the amount of $8,484.97 were authorized by the City Manager, thereby increasing the contract amount to $1,275,566.97; and, WHEREAS, Change Order No. 10 in the amount of $27,778.05 thereby increasing the contract amount to $1,303,345.02; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 10 in the amount of $27,778.05 thereby increasing the contract amount to $1,303,345.02 for the construction of the Beaumont Convention & Visitors Bureau office building at 505 Willow. 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, - Mayor Becky Ames - N~, C City Council Agenda Item c TO: City Council FROM: Kyle Hayes, City Manager -fLD PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 24, 2007 AGENDA MEMO DATE: July 17, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten (10) foot wide Water Line Easement out of the Hezekiah Williams League on Dowlen Road. RECOMMENDATION Administration recommends acceptance of the above named easement. BACKGROUND SR Properties, L.L.C. has agreed to convey a ten (10) foot wide Water Line Easement to the City of Beaumont. The easement is a 0.230 acre tract out of the Hezekiah Williams League on Dowlen Road and will provide service for the new commercial structures being constructed in the area. BUDGETARY IMPACT None. engfountain_p1aza-ib.wpd 17 July 2007 RESOLUTION NO. WHEREAS, SR Properties, L.L.C., has agreed to convey a ten -foot (10') wide water line easement, being a 0.230 acre tract of land in the Hezekiah Williams League, Abstract No. 56, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, to the City of Beaumont for the purpose of providing service for new commercial structures being constructed in the area; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by SR Properties, L.L.C., as described in Exhibit "A" and shown on Exhibit "B" attached hereto, be and the same is hereby, in all things, accepted for the aforestated purpose. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, 2007. - Mayor Becky Ames - R Legal Description: 10' Exclusive Waterline Easement 0.230 Acre Tract or Parcel of Land Hezekiah Williams League, Abstract No. 56 Jefferson County, Texas BEING a 0.230 acre tract or parcel of land situated in the Hezekiah Williams League, Abstract No. 56, Jefferson County, Texas and being out of and part of that certain called tract of land containing 680.66 net acres, identified as Second Tract, as conveyed by Brentwood Investments Development Co., L.P. to SR Properties, L.L.C., as recorded in Clerk's File No. 2006014905, Official Public Records. of Real Property, Jefferson County, Texas, said 0.230 acre tract being more particularly described as follows: NOTE: All bearings are based on the West line of that certain called 4.65 acre tract of land as recorded in Film Code No. 101-95-1304, Official Public Records of Real Property, Jefferson County, Texas and the East right-of-way line of Dowlen Road as NORTH 03°33'39" WEST. COMMENCING at a 1/4" iron rod in concrete found for the Northwest corner of the tract herein described, and the Southwest corner of that certain called 4.65 acre tract of land as conveyed by Amoco Production Company to Pinecrest Church of Christ as recorded in Film Code No. 101-95-1304, Official Public Records of Real Property, Jefferson County, Texas, and said corner being in the East right-of-way line of Dowlen Road (based on a width of 100 feet); THENCE SOUTH 03032'24" EAST, along and with the East right-of-way line of Dowlen Road and the West line of the tract herein described, for a distance of 5.57 feet to the POINT OF BEGINNING THENCE NORTH 8602621" EAST, over and across the tract herein described for a distance of 232.00 feet; THENCE SOUTH 03033'39" THENCE SOUTH 86026'21" THENCE NORTH 81 °20'09" THENCE NORTH 03032'24" THENCE SOUTH 81 °20'09" THENCE NORTH 86026'24" THENCE NORTH 03032'04" THENCE NORTH 8602756" W:\2006\06-045\water line estnt.dol EAST, for a distance of 492.24 feet; WEST, for a distance of 144.04 feet; WEST, for a distance of 90.19 feet; WEST, for a distance of 10.23 feet; EAST, for a distance of 91.28 feet; EAST, for a distance of 117.47 feet; WEST, for a distance of 7.95 feet; EAST, for a distance of 8.00 feet; EXHIBIT "A" EXHIBIT "A" THENCE SOUTH 03032'04" EAST, for a distance of 7.95 feet; THENCE NORTH 86025'42" EAST, for a distance of 7.50 feet; THENCE NORTH 03°3T39" WEST, for a distance of 112.16 feet; THENCE SOUTH 86026'21" WEST, for a distance of 10.12 feet; THENCE NORTH 03033'39" WEST, for a distance of 19.00 feet; THENCE NORTH 86027'31" EAST, for a distance of 10.12 feet; THENCE NORTH 03033'39" WEST, for a distance of 252.69 feet; THENCE SOUTH 86026'21" WEST, for a distance of 10.01 feet; THENCE NORTH 03033'39" WEST, for a distance of 21.51 feet; THENCE NORTH 86°27'31" EAST, for a distance of 10.01 feet; THENCE NORTH 03033'39" WEST, for a distance of 66.91 feet; THENCE SOUTH 86027'07" WEST, for a distance of 9.42 feet; THENCE SOUTH 03033'39" EAST, for a distance of 8.45 feet; THENCE SOUTH 86026'21" WEST, for a distance of 9.50 feet; THENCE NORTH 03033'39" WEST, for a distance of 8.45 feet; THENCE SOUTH 86026'21" WEST, for a distance of 177.86 feet; THENCE SOUTH 0303243" EAST, for a distance of 8.31 feet; THENCE SOUTH 8601117" WEST, for a distance of 10.00 feet; THENCE NORTH 03032'43" WEST, for a distance of 8.35 feet; THENCE SOUTH 86025'54" WEST, for a distance of 15.23 feet; THENCE NORTH 03032'24" WEST, along and with the East right-of-way line of Dowlen Road and the West line of the tract herein described, for a distance of 9.97 -feet to the POINT OF BEGINNING and containing 0.230 ACRES, more or less. Page 3 of 3 W:\2006\06-045\water line esmt.dol ... F TF Fq•. .................... 9 3636 •E .'.'r f S S 0? ���� S u R`�� zocnIN FaN cr a w C5 C V CC* w w �a�a •� � o x p a V N y m OYf OanY fNOf agO!1OnNT C Tao^ q Oq NT ,N N NO�TaG A qA A N A N An A rlm�N.N9 N N A N Om 2 N 2 o�ggomo VIh N2 omomo NNZH 2 qnm 01 AYYI JJ J J ry0ry ���yy J J tN{V�l J J J J emeV�a ana��lmaTayy J J eOe�� J J J wg Y Y tllA ED I�hOn OiD^ Od C O W spqan sy W W O Nr 54 pp�� N�l��MhN!1A Z q N AgONG A N N A gNn�y N N A N NMf A N iG�n N N m 2 mmm•-nm�mmhaHoomr,�apprppm N N 2 Z N 2 2 2 N 2 2 N 2 2 z O H-H �o g� Exhibit "B" TO: .oftr D City Council Agenda Item ,� y g City Council FROM: Kyle Hayes, City Manager lP PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 24, 2007 AGENDA MEMO DATE: July 17, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten (10) foot wide water line easement for fire hydrants across Villa de Lucas, Inc. property at 1005 East Lucas Drive. RECOMMENDATION Administration recommends acceptance of the above named easement. BACKGROUND Villa de Lucas, Inc. has agreed to convey a ten (10) foot wide water line easement to the City of Beaumont. The easement will provide access to the water lines and fire hydrants for the new Villa de Lucas Housing project at 1005 East Lucas Drive [1.40 acres of land out of the A. Williams Survey]. It would also allow for the construction, alteration, operation and maintenance of the said water line and appurtenances. BUDGETARY IMPACT None. engvilla-de-lucas-ib.wpd 17 July 2007 RESOLUTION NO. WHEREAS, Villa de Lucas, Inc., has agreed to convey a ten -foot (10') wide water line easement, being a 1.40 acre tract of land in the A. Williams Survey, Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, to the City of Beaumont for the purpose of providing access to the water lines and fire hydrants for the Villa de Lucas Housing project at 1005 East Lucas Drive and to allow for the construction, alteration, operation and maintenance of the said water line and appurtenances; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Villa de Lucas, Inc., as described in Exhibit "A" and shown on Exhibit "B" attached hereto, be and the same is hereby, in all things, accepted for the aforestated purpose. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, 2007. - Mayor Becky Ames - m P .. r FA UST Engineering and Surveying, Inc. PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS TELEPHONE (409) 813341 O E-MAIL ADDRESS FAUSTENG@TE)( IS.NET FAX (409) 8133484 2525 CALDER SyFtEET BEAuMoNT,TExAs 77702 EXHIBIT "A" Page lof 2 FIELD NOTE DESCRIPTION FORA 10- EXCLUSIVE WATERLINE EASEMENT OUT OFA 1.40 ACRE TRACT IN THE A. WILLL4MSSURVEY BEA UMONT, JEFFERSON COUNTY, TEXAS THAT certain 0.09 acre out of a 1.40 acre tract described in Clerk's File # 1999018734 of the Jefferson County Real Property Records out of the A- Williams Survey, Jefferson County, Texas, and being out of Block 8 in the said survey; said 1.40 acre tract being more particularly described by metes and bounds as follows: COMMENCING at an iron rod with disc found at the intersection of .the north line of Weber Addition, a subdivision plat of which is recorded in Volume 8, Page 169 of the Jefferson County Map Records, and the west , line of Osborn Street, a 60 foot right of way; THENCE South 89034'05" East along the south line of the said.1.40 acre . tract, a distance of 35.28 feet to a point for the southwest comer of the herein described 0.09 acre tract (10 foot exclusive waster line easement) and being the POINT OF BEGINNING; THENCE North 00036'42" East, a distance of 406.38 feet to the south line. of East Lucas Drive being the north line of the said 1.40 acre tract and being the northwest comer of the said 0.09 acre tract; THENCE South 89031'00" East (reference bearing) along the south line of Lucas Drive and the said 1.40 acre tract, a distance of 10.00 feet to the northeast comer of the said 0.09 acre tract; EXHIBIT "A" Filed Note Description MaMIT "A" Page 2 of 2 THENCE. South 00036142" West, a distance of 406.33 feet to a point on the south line of the said 1.40 acre tract and being the southeast comer of the said 0.09 acre tract; THENCE North 89°34'05" West (called North 89131'00" West) along the north line of said Weber Addition and the south lie of the said 1.40 acre tract, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.09 acre tract of land more or less. This description is based on a Survey and plat prepared by Richard F. Faust, PE, Registered Professional Land Surveyor No. 4782, on March 19, 2007. Richard F. Faust, E Registered Professional Land Surveyor No. 4782 `.... PJGK O F,FAUST4702 Page 2 'wAmrmm a R Exhibit "B" rq 8 �o H m a 6 z a x m z z a z 0 in as 90. fs W a PW: U W xx G!Q p H �iyu g wco co X w Q.. City g Council Agenda Item W_ IMMMIUS TO: City Council FROM: Kyle Hayes, City Manager . PREPARED BY: Tom Warner; Public Works Director MEETING DATE: July 24, 2007 AGENDA MEMO DATE: July 17, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of two (2) three foot (3') wide Sidewalk Easements along the west line ofNeches Street near the Cathedral Square property. RECOMMENDATION Administration recommends acceptance of the above named easements. BACKGROUND The owners below have each agreed to convey a three foot (3') wide Sidewalk Easement to the City of Beaumont. The City is planning on constructing brick pavers along the Neches Street right-of- way and the Sidewalk Easements will be needed for these improvements. One (1) three foot (3') wide Sidewalk Easement — 0.0124 acre tract out of Lots 465 and 476, Block 62, Beaumont Townsite Owner: Richard A. Clark One (1) three foot (3') wide Sidewalk Easement — 0.008 acre tract out of Lot 474, Block 62, Beaumont Townsite Owners: Meridian -Incline, LLC BUDGETARYIMPACT None. engneches_sidewalk-ib.wpd 17 July 2007 E RESOLUTION NO. WHEREAS, the owners listed below have agreed to convey three foot (T) wide sidewalk easements along the west line of Neches Street near the Cathedral Square property, as described in Exhibits "A" and "B" and shown on Exhibit "C" attached hereto, for the purpose of allowing the construction of brick pavers along the Neches Street right- of-way: ; and, • One (1) three foot (3') wide Sidewalk Easement — 0.0124 acre tract out of Lots 465 and 476, Block 62, Beaumont Townsite Owner: Richard A. Clark • One (1) three foot (T) wide Sidewalk Easement — 0.008 acre tract out of Lot 474, Block 62, Beaumont Townsite Owners: Meridian -Incline, LLC WHEREAS, the City Council has considered the purpose of said conveyances and is of the opinion that the acceptance of said conveyances is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the sidewalk easements conveyed by the owners shown above, as described in Exhibits "A" and "B" and shown on Exhibit "C" attached hereto, be and the same are hereby, in all things, accepted for the aforestated purpose. 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, - Mayor Becky Ames - Block 62, Lots 4651476 Beaumont Townsite BEING that certain tract of land out of Block 62 of the Beaumont Townsite, Beaumont, Jefferson County, Texas, recorded in Volume 448, Page 249, Deed Records, Jefferson County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a %" steel pipe found for the intersection of the Northerly right of way line of a dedicated road named WallStreet and the Westerly right of way line of a dedicated road named Neches Street; the Y2" steel pipe being the most Southeasterly comer of Lot 465, Block 62, Beaumont Townsite and being the most Southerly comer of the herein described tract; THENCE North 43 degrees, 41 minutes, 10 seconds West along the West right of way line of said Neches Street a distance of 180.18 feet to a 2" steel pipe; the 2" steel pipe being the most Northeasterly corner of Lot 476, Block 62, Beaumont Townsite and being the most Northerly comer of the herein described tract; THENCE South 46 degrees, 12 minutes, 53 seconds West along the Northerly line of Lot 476, Block 62, Beaumont Townsite a distance of 3 feet to corner; THENCE South 43 degrees, 41 minutes, 10 seconds East parallel to the West right of way line of said Neches Street a distance of 180.18 feet to the North line of Wall Street; THENCE North 46 degrees, 12 minutes, 53 seconds East along the South line of Lot 465, Block.62, Beaumont Townsite; also being the North line of Wall Street a distance of 3 feet to the PLACE OF BEGINNING and containing 0.0124 acres of land, more or less. EXHIBIT "A" Block 62, Lot 474 Beaumont Townsite BEING that certain tract of land out of Block 62 of the Beaumont Townsite, Beaumont, Jefferson County, Texas, recorded in Volume 448, Page 249, Deed Records, Jefferson County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2" steel rod found for the most Northwesterly comer of Lot 474, Block 62, Beaumont Townsite; the %2" steel rod being in the South right of way line of a dedicated road named Forsythe Street; THENCE North 46 degrees, 3 minutes, 38 seconds East a distance of 60 feet along the South right of way line of said Forsythe Street to the intersection of said Forsythe Street and the Westerly right of way line of Neches Street for the POINT OF BEGINNING; THENCE South 43 degrees, 41 minutes, 10 seconds East along the West right of way line of said Neches Street a distance of 120 feet to a 2" steel pipe; the 2" steel pipe being the most Southeasterly corner of Lot 474, Block 62, Beaumont Townsite and being the most Southerly corner of the herein described tract; THENCE South 46 degrees, 12 minutes, 53 seconds West along the Southerly line of Lot 474, Block 62, Beaumont Townsite a distance of 3 feet to comer; THENCE North 43 degrees, 41 minutes, 10 seconds West parallel to the West right of way line of said Neches Street a distance of 120 feet to the South line of Forsythe Street; THENCE North 46 degrees, 12 minutes, 53 seconds East along the North line of Lot 474, Block 62, Beaumont Townsite; also being the South line of Forsythe Street a distance of 3 feet to the PLACE OF BEGINNING and containing 0.008 acres of land, more or less. Exhibit "B" No Text �. City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager -rP PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 24, 2007 AGENDA MEMO DATE: July 17, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten (10) foot wide water line easement for fire hydrants across Academy property at 7050 Eastex Freeway. RECOMMENDATION Administration recommends acceptance of the above named easement. BACKGROUND Academy, Ltd. has agreed to convey a ten (10) foot wide water line easement to the City of Beaumont. The Water Line Easement will provide access to the water lines and fire hydrants for the new Academy Store at 7050 Eastex Freeway [0.4568 acre of land out of the Thomas Spear League and the A. Duwe Survey]. It would also allow for the construction, alteration, operation and maintenance of the said water line and appurtenances. BUDGETARY IMPACT None. engacademyib.wpd 17 July 2007 F RESOLUTION NO. WHEREAS, Academy, Ltd., has agreed to convey a ten -foot (10') wide water line easement, being a 0.4568 acre tract of land in the Thomas Spear League, Abstract No. 50, and the A. Duwe Survey, Abstract No. 459, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, to the City of Beaumont for the purpose of providing access to the water lines and fire hydrants for the new Academy Store at 7050 Eastex Freeway and to allow for the construction, alteration, operation and maintenance of the said water line and appurtenances; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Academy, Ltd., as described in Exhibit "A" and shown on Exhibit "B" attached hereto, be and the same is hereby, in all things, accepted for the aforestated purpose. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, 2007. - Mayor Becky Ames - EXHIBIT "A" PAGE 1 OF 6 December 6, 2006 Revised April 9, 2007 Rev. June 15, 2007 METES AND BOUNDS DESCRIPTION OF A 0.4568 ACRE TRACT OF LAND IN THE THOMAS SPEAR LEAGUE, ABSTRACT NUMBER 50 AND THE A. DUWE SURVEY, ABSTRACT NUMBER 459 JEFFERSON COUNTY, TEXAS A proposed 10-foot wide waterline easement, being a 0.4568 acre (19,897 square foot) tract of land out of a 10.604 acre tract of land described in a deed from Eastex Four, Ltd. to Academy, Ltd., as recorded under Jefferson County ClerWs File Number 2007023100, in the Thomas Spear League, Abstract Number 50, and the A. Duwe Survey, Abstract Number 459, Jefferson County, Texas, said 0.4568 acre.tract being more particularly described as follows (bearings based on said 10.604 acre tract): BEGINNING at a Winch iron rod found in the northeast right-d-way line of U.S. Highway 69, bring the most westerly corner of said 10.604 acre tract and the most southerly comer of a called 1.148 acre tract of land (called Tract One) as described in a deed from James R. Dunaway, Substitute Trustee, to Orange Savings Bank, SSB, as recorded under Jefferson County Clerk`s Fife Number 2004009740, being the most westerly comer hereof; THENCE, North 32 degrees 03 minutes 50 seconds East, a distance of 722.07 feet, with the northwest One of said 10.604 acre tract, the southeast line of said called 1.148 acre tract, and the southeast line of the residue of a called 4.215 acre tract of land (called Tract Two) as described in the aforementioned deed recorded under Jefferson County Clerk's File Number 2004009740, to a 5/8-inch iron rod with "M.W. Whitely' cap found in the southwest right-of-way line of Concord Road, for the most northerly comer of said 10.604 acre tract and the most northerly corner hereof, THENCE, South 50 degrees 22 minutes 17 seconds East, a distance of 10.09 feet, along the southwest right-of-way of said Concord Road, to a point of corner; THENCE, South 32 degrees 03 minutes 50 seconds West, a distance of 441.44 feet, leaving the southwest right-of-way line of said Concord Road, to a point for comer, THENCE, South 57 degrees 56 minutes 10 seconds East a distance of 44.50 feet, to a point for comer; THENCE, North 32 degrees 03 minutes 50 seconds East, a distance of 11.00 feet, to a point for corner; F:\sunrey\GWl016kDaes\M"501016-WLEdoe 0.4568 acre ENGINEERS • SURVEYORS - GIS 7600 W. Tidwell, Suite 400, Houston, Texas 77040 EXHIBIT "All 713.462.0993 - Fax: 713.462.2732 ■ Toll Free 800.694.8241 - www.c[H.com EXHIBIT "A" PAGE 2 OF 6 THENCE, South 57 degrees 56 minutes 10 seconds East, a distance of 10.00 feet, to a point for corner; THENCE, South 32 degrees 03 minutes 50 seconds West, a distance of 11.00 feet, to a point for comer; THENCE, South 57 degrees 56 minutes 10 seconds East, a distance of 242.00 feet, to a point for comer; THENCE, North 32 degrees 03 minutes 50 seconds East, a distance of 11.00 feet, to a point for comer; THENCE, South 57 degrees 56 minutes 10 seconds East, a distance of 10.00 feet, to a point for comer; THENCE, South 32 degrees 03 minutes 50 seconds West, a distance of 11.00 feet, to a point for comer; THENCE, South 57 degrees 56 minutes 10 seconds East, a distance of 243.50 feet, to a point for comer; THENCE, North 32 degrees 03 minutes 50 seconds East, a distance of 105.50 feet, to a point for corner; THENCE, North 57 degrees 56 minutes 10 seconds West, a distance of 10.00 feet, to a point for comer; THENCE, North 32 degrees 03 minutes 50 seconds East, a distance of 10.00 feet, to a point for corner; THENCE, South 57 degrees 56 minutes 10 seconds East, a distance of 10.00 feet, to a point for corner; THENCE, North 32 degrees 03 minutes 50 seconds East, a distance of 224.88 feet, to a point for corner; THENCE, North 57 degrees 56 minutes 10 seconds West, a distance of 10.00 feet, to a point for corner; THENCE, North 32 degrees 03 minutes 50 seconds East, a distance of 10.00 feet, to a point for comer; F:\surveyt0501016V)ocsWB-0501016-WLE.doc 0.4568 acre ENGINEERS • SURVEYORS • GIS 7600 W. Tidwell, Suite 400, Houston, Texas 77040 Phone: 713.462.0993 ■ Fax: 713.462.2732 ■ Toll Free 800.694.8241 ■ www.clh.com CLIP EXHIBIT "A" PAGE 3 OF 6 THENCE, South 57 degrees 56 minutes 10 seconds East, a distance of 10.00 feet, to a point for comer; THENCE, North 40 degrees 13 minutes 27 seconds East, a distance of 15.00 feet, to a point for corner in the southwest right -of way fine of said Concord Road; THENCE, South 49 degrees 46 minutes 33 seconds East, along the southwest right-of- way line of said Concord Road, a distance of 10.00 feet, to a point for corner, THENCE, South 40 degrees 13 minutes 27 seconds West, a distance of 14.29 feet, leaving the southwest fight -of -way line of said Concord Road, to a point for comer, THENCE, South 32 degrees 03 minutes 50 seconds West, a distance of 349.67 feet, to a point for corner, THENCE, South 57 degrees 56 minutes 10 seconds East, a distance of 87.65 feet, to a point for corner; THENCE, South 00 degrees 10 minutes 34 seconds East, a distance of 36.93 feet, to a point for comer, THENCE, North 89 degrees 05 minutes 45 seconds East, a distance of 10.00 feet, to a point for corner; THENCE, South 00 degrees 10 minutes 34 seconds East, a distance of 10.00 feet,, to a point for corner; THENCE, South 89 degrees 05 minutes 45 seconds West, a distance of 10.00 feet, to a point for corner; THENCE, South 00 degrees 10 minutes 34 seconds East, a distance of 161.52 feet, to a 1-inch iron pipe found in the north right-of-way line of State Highway 105 for a southeast corner of said 10.604 acre tract and the southwest corner of a tract of land described in a deed from Reba Westmoreland to William J. Travis, as recorded under Jefferson County Clerk's File Number 8501290, being the most easterly southeast corner hereof; THENCE, South 89 degrees 1 'I minutes 00 seconds West, a distance of 10.00 feet, along the north right-of-way line of said State Highway 105, to a point for comer; THENCE, North 00 degrees 10 minutes 34 seconds West, a distance of 203.04 feet, leaving the north right-of-way line of said State Highway 105, to a point for corner, F:\surveyW501016EDocs\iB-0501016-wL.E_doc 0.45W acre ENGINEERS -. SURVEYORS ■ GIS 7600 W. Tidwell, Suite 400, Houston, Texas 77040. Phone: 713.462.0993 - Fax: 713.462.2732 ■ Toll Free 800.694.8241 ■ www.cld.com