HomeMy WebLinkAboutPACKET JUN 24 2008 RICH WITH OPPORTUNITY
r
T • E • X • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 24, 2008 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Authorize the acceptance of a water line easement and three(3) sanitary sewer easements
to provide access for fire protection and sewer services to property located near Major
Drive and Westfield Avenue
B) Authorize the acceptance of a water line easement to provide access for fire protection
services to the proposed Beaumont Trace Apartments
C) Authorize the acceptance of a water line easement to provide access for fire protection
services at 8060 Eastex Freeway
D) Authorize the acceptance of a sanitary sewer easement to provide access for sewer
services to the GKH, Inc. property located near Major Drive and Westfield Avenue
E) Authorize the acceptance of a sanitary sewer easement to provide access for sewer
services to the Madish property located near Major Drive and Westfield Avenue
F) Appoint Theodore Johns as a full time City Magistrate for a two (2)year term
G) Appoint Craig Lively as a full time City Magistrate for a two (2) year term
H) Approve a contract for the purchase of asphalts, oils and emulsions
A
RICH WITH OPPORTUNITY
BEA,UMON*
T • E - x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: June 24, 2008
REQUESTED ACTION: Council consider authorizing the acceptance of a water line
easement and three (3) sanitary sewer easements.
RECOMMENDATION
The Administration recommends acceptance of a water line easement and three (3) sanitary sewer
easements to provide access for fire protection and sewer services to property located near Major
Drive and Westfield Avenue.
BACKGROUND
Delaware Extension Development, Ltd. has agreed to convey the following easements to the City
of Beaumont:
1. One (1)thirty-seven foot (37) wide Sanitary Sewer Easement—
0.4392 acre tract out of the Hezekiah Williams Survey, Abstract
No. 56; located off Major Drive, south of Westfield Avenue
2. One (1) thirty-seven foot (37')wide Sanitary Sewer Easement—
0.5495 acre tract out of the Hezekiah Williams Survey, Abstract
No. 56; located off Major Drive, north of Westfield Avenue
3, One(1)ten foot (10')wide Sanitary Sewer Easement—
0.0138 acre tract out of the Hezekiah Williams Survey, Abstract
No. 56; located off Folsom Drive, east of Major Drive
4. One (1)ten foot (10')wide Water Line Easement —
0.0.1828 acre tract out of the Hezekiah Williams Survey, Abstract
No. 56; located off Folsom Drive, east of Major Drive
The easements allow for the construction, alteration, operation and maintenance of the said water
line and sanitary sewer lines and their appurtenances.
BUDGETARY IMPACT
None.
lengdelaware_paz;gi-ib
18 June 2008
RESOLUTION NO.
WHEREAS, Delaware Extension Development, Ltd., has offered to convey one
Water Line Easement and three (3) Sanitary Sewer Easements, for property located near
Major Drive and Westfield Avenue, as shown below, as described in Exhibits "A," "C,""E,"
and "G" and shown on Exhibits "B," "D," "F," and "H" attached hereto, to the City of
Beaumont for the purpose of access for fire protection and sewer services:
• One (1) thirty-seven foot (37') wide Sanitary Sewer Easement—
0.4392 acre tract out of the Hezekiah Williams Survey, Abstract No.
56; located off Major Drive, south of Westfield Avenue;
• One (1) thirty-seven foot (37') wide Sanitary Sewer Easement —
0.5495 acre tract out of the Hezekiah Williams Survey, Abstract No.
56; located off Major Drive, north of Westfield Avenue;
• One (1) ten foot (10') wide Sanitary Sewer Easement—
0.0138 acre tract out of the Hezekiah Williams Survey, Abstract No.
56; located off Folsom Drive, east of Major Drive;
• One (1) ten foot (10') wide Water Line Easement-
0.0.1828 acre tract out of the Hezekiah Williams Survey, Abstract
No. 56; located off Folsom Drive, east of Major Drive.
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 Water Line Easement and three (3) Sanitary Sewer Easements conveyed by
Delaware Extension Development, Ltd., as described in Exhibits"A," "C," "E,"and "G"and
shown on Exhibits "B," "D," "F," and "H" attached hereto, be and the same are hereby, in
all things accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
June, 2008.
- Mayor Becky Ames -
EXHIBIT "A"
Legal Description: 0.4392 Acre Sanitary Sewer Easement
Hezekiah Williams Survey, Abstract No. 56
Jefferson County, Texas
BEING a 0.4392 acre sanitary sewer easement situated in the Hezekiah Williams Survey, Abstract No.
56, Jefferson County, Texas and being out of and part of the remainder of that certain called 209.2045
acre tract of land as described in a "Special Warranty Deed" from Amoco Production Company to
Delaware Extension Development, Ltd. as recorded in Clerk's File No. 2000047669, Official Public
Records of Real Property, Jefferson County, Texas, said 0.4392 acre tract being, more particularly
described as follows:
NOTE:All hearings are based on the East right-of-way line of F.M. Highway 364 North
of Westfield Avenue as NORTH 02°53'10" WEST as recorded on the final plat of Fairf eld
Phase I as recorded in Volume 17, Page 256,Map Records, Jefferson County, Texas.
COMMENCING at an iron rod with a cap stamped "Carroll & Blackmon" found for the intersection of
the East right-of-way line of F.M. Highway 364 (also known as Major Drive) and the South right-of-way
line of Westfield Avenue;
THENCE SOUTH 02 052'17" EAST, along and with the East right-of-way line of F.M. Highway 364, for
a distance of 10.00 feet to the Northwest corner and POINT OF BEGINNING of the easement herein
described, said point also being the intersection of the South line of a 10 foot wide utility easement as
recorded on the final plat of Fairfield Phase I, a subdivision of the City of Beaumont, Jefferson County,
Texas, as recorded in Volume 17, Page 256, Map Records, Jefferson County, Texas and the East right-of-
way line of F.M.Highway 364;
THENCE NORTH 87 007'09" EAST, along and with the South line of the said 10 foot wide utility
easement, for a distance of 37.00 feet to a point for corner;
THENCE SOUTH 02 052'17" EAST, parallel and 37 feet perpendicular to the East right-of-way line of
F.M. Highway 364, for a distance of 517.11 feet to a point for corner, said corner being in the North line
of that certain called 2.09 acre tract of land as described in a "General Warranty Deed" from RCSS
Properties, Ltd. to Madish Investments, Ltd. as recorded in Clerk's File No. 2006006645, Official Public
Records of Real Property, Jefferson County,Texas;
THENCE SOUTH 87 014'17" WEST, along and with the North line of the said 2.09 acre Madish
Investments, Ltd. tract, for a distance of 37.00 feet to a point for corner, said corner being the Northwest
comer of the said 2.09 acre Madish Investments, Ltd. tract and in the East right-of-way line of F.M.
Highway 364;
THENCE NORTH 02 052'17" WEST, along and with the East right-of-way line of F.M. Highway 364,
for a distance of 517.04 feet to the POINT OF BEGINNING and containing 0.4392 ACRES, more or
less.
Sury ed on Decpm1bVr 12, 2007. This legal description is being submitted along with a plat based on
this s (see XH IT "B").
OF
omas S. Rowe, RPLS No. 5728 """"""""""".....
THOMAS S. ROWE
...............................
a P;'Q
2:12005\05-1 74105-1 74seoaem&b.doc 5728�''."9
�v0 ESS10
•.SURD
MARK W. WHITELEYAND ASSOCIATES,INC.
F.M. HIGHWAY 364 D
FN7 I RO/0 w/GP (ALSO KNOWN AS MAIOR DRNE) �t o SCfILL' i"=200'
50'UTKIIY FASEIEN► STAMPED W 7ARR0Cl ►�
COIF STATES UIMJIY COMPANY E gypy �����
10L 1791 PC 1TJ
�3� OPR,IC FND N04'58'331M 109.71
— — — — —
REFERENCE BEARING PER VOL. 17, PG. 256, MRJC NOS'11'Oglr 9.98•
I ROD FM W752'17-V70-04-TA— — — — — — —(CALL NO2-53.10-W 881.15)— — _
B8t.19' — — -
- — — — — — _ — — — — — FND N075 10 —SET 5/B FND N04'S8736"I 338.89'Wd• .:..—�. — — — L ROD — — — — FNO TXDO =AL C*CAP
AL Cl
• • • �- — SQNC�ONU — —
0.4392 ACRE SANITARY � L — — — FND 5/8'
SEWER EASEMENT VOLO 117 PEGS 256NT )° I 10 UTILITY EASEMENT a — — — — — — — — — — — I I t. ROD
MR JC + VOL. 17, PG. 256 0.10 20' UTILITY EASEMENT
MRJC�M 1.701 ACRE o VOL.17 5 PGM445 I I
SET 5/8' GKK>NC
t CALlFO 1.09 ACRE I 1. ROD I I C.F.NO.2W7048679 7048679 o DELAWARE E ATE'"pH mom.Lm. ORJC
MADISH hm3lkols.LID. �'
FAO 502'51'10 E —--' z �'M
C.F.N0.2006006645 FND I. ROD W/CAP u ET 5/8'
OPRC STAMPED W%CARROLL UN F1, ROD SET 5/8
CALIEDD 2091045 k BLACKMON' I. ROD
DELAWARE DXV601 OEVE~T,,LiD. I '� I FND L ROD W/CAP CALLED.R5 ACRES OF
C.F.W.1000D47669 g _ o
OPu I I kP BLAC-WROLL DELAWARE UIEWM DEVELOPIENT,LID. gg FT
FND l AOD W/CAp FND L ROD W I FND 1. ROD W CF.�gq�17669 L� � I I I g
STA4PEp W/'CARROLL STAMPED W%CARROLL I ISTAMPED W%CRO
DIwx T i
A'BIALTOKJW' A: BLACKMON- ",ti $ BLACKMON" I g
FND SDT5311 T 737.87' �'
(CALL i 75Y10'E 7JB.D0) C!j CORNER FNRfELD
VDT tH a,256
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE I I I I h
71 1000.00' 28.00 28.00' S88'00'101N 01'36'16`
C2 1000.00 100.04 100.00 589'5600"E 05'43'56" I I I I
C3 1000.00' 100.00' 99.96' S89'58'33'1N 05'4347"
74 1000.00' 99.96' 99.92' N84'14'57"E 05743'39" I I I
C5 1000.00' 100.05' 100.01 584'13'50-W 05'a3'58" I I I e
66 1000.00' 10.50' 10.50' N 5130'05' E 00'36'06'
IRS OTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING
OWNERSHIP OR TIRE. t--L4
By THE SURVEYOR.SURVEYOR,EWHICHI ST BASED ON HIS BEST KNOWLEDDGE, INFORMATION L
AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE EXHIBIT "B
WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULG41ED BY THE TEXAS BOARD I a
OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL REFER TO EXHIBIT A"
SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED FOR FIELD NOTE DESCRIPTION I cs
OR IMPLIED.
3. ALL SET 518"IRON RODS SET WITH A CAP STAMPED M.W. WHITELEY&ASSOCIATES-
THE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF THE SURVEY. CL6iN
DELAWARE EXTENSION DEVELOPMENT, LTD.
!_THOMAS S. ROW€DO HEREBY CERTIFY THAT THIS $ THIS DAY W �: SHEET N,.. EXHIBIT "B"
MADE ON THE SURFACE OF THE GROUND OF iH ACAD 2007 "-22Q' 1 1
HEREON AND CORRECTLY REPRESENTS THE F OU T DESCRIBED Z:\2005\05-174\ 0.4392 ACRE
LINE BEARING DISTANCE OF THE SURVEY. OS-174 OS-171-0.4392 ACRE.d.
LI N 87'06'50" E 200.00' ��•"
L2 N 8T 16'52 E 55.34 � 'G T e R'• ° SANITARY SEVER EASEMENT
DATE S R DECEMBE 2007 'L;•� q `c<)•:(P MARK W. WHITELEY HEZEKIAH XILLIAMS SURVEY
L3 N 87'1320" E 55.31 ;Q' Rnl AND ASSOCIATES
La s Drs2'19 E 10.00' ...•...•.....•....• . ABSTRACT N0. 56
LS N 87'07 09 E 37.00'
������ ��• .ROWE• INCORPORATED
L6 S Orsz',7• E 517.11 T MA... .......
�;. 5728 •� CONSULTING ENGINEERS, JEFFERSON COUNTY, TEXAS
L7 S 8T 14'17 w 37.00 SURVEYORS, AND PLANNERS
LB N 02'52'17" W 517.04' ,'• R ?; e
ESS� .
THOMAS 5. ROriE - REGISTERED PROFESS •D g P. o. pox 5192 ISO FASTER F71Xn
BEAUIOW. TEXAS 77776-5492 BEAUMONT. TEXAS 77703
409-892-0421 (FAX) 409-592-1346
EXHIBIT "C"
Legal Description: 0.5495 Acre Sanitary Sewer Easement
Hezekiah Williams Survey, Abstract No. 56
Jefferson County, Texas
BEING a 0.5495 acre sanitary sewer easement situated in the Hezekiah Williams Survey,
Abstract No. 56, Jefferson County, Texas and being out of and part of the remainder of that
certain called 209.2045 acre tract of land as described in a "Special Warranty Deed" from
Amoco Production Company to Delaware Extension Development, Ltd. as recorded in Clerk's
File No. 2000047669, Official Public Records of Real Property, Jefferson County, Texas, and
also out of and part of that certain called 0.60 acre tract of land as described in a "Quitclaim
Deed" from Amoco Production Company to Delaware Extension Development, Ltd. as recorded
in Clerk's File No. 2000047670, Official Public Records of Real Property, Jefferson County,
Texas, said 0.5495 acre tract being more particularly described as follows:
NOTE:All bearings are based on the East right-of-way line of F.M. Highway 364
North of Westfield Avenue as NORTH 02°53'10" WEST as recorded on the final
plat of Fairfield Phase I as recorded in Volume 17, Page 256, Map Records,
Jefferson County, Texas.
COMMENCING at an iron rod with a cap stamped "Carroll & Blackmon" found for the
intersection of the East right-of-way line of F.M. Highway 364 (also known as Major Drive) and
the North right-of-way line of Westfield Avenue, said corner also being the Southwest corner of
that certain called 1.701 acre tract of land as described in a "Special Warranty Deed with
Vendor's Lien" from Delaware Extension Development, Ltd. to GKH, Inc. as recorded in Clerk's
File No. 2007048679, Official Public Records of Real Property, Jefferson County, Texas;
THENCE NORTH 02 053'10" WEST, for a distance of 325.00 feet to a 5/8" iron rod set for the
the Southwest corner and POINT OF BEGINNING of the easement herein described, said
corner also being the Northwest corner of the said 1.701 acre GKH, Inc. tract;
THENCE NORTH 02 053'10" WEST, along and with the East right-of-way line of F.M.
Highway 364, for a distance of 556.19 feet to a Texas Department of Transportation concrete
monument found for an angle point in the East right-of-way line of F.M. Highway 364;
THENCE NORTH 04 058'36" WEST, continuing along and with the East right-of-way line of
F.M. Highway 364, for a distance of 90.00 feet to a point for corner;
THENCE NORTH 85 001'24" EAST, perpendicular to the East right-of-way line of F.M.
Highway 364, for a distance of 3 7.00 feet to a point for corner;
THENCE SOUTH 04 058'36" EAST, parallel and 37 feet perpendicular to the East right-of-way
line of F.M. Highway 364, for a distance of 90.68 feet to a point for corner;
EXHIBIT"C"
Pa e1orn
MARK W. WHITELEYAND ASSOCL4TES,INC.
THENCE SOUTH 02 053'10" EAST, continuing parallel and 37 feet perpendicular to the East
right-of-way line of F.M. Highway 364, for a distance of 556.87 feet to a point for corner, said
corner being in the North line of the said 1.701 acre GKH, Inc. tract;
THENCE SOUTH 87 006'50" WEST, along and with the North line of the said 1.701 acre GKH,
Inc. tract, for a distance of 37.00 feet to the POINT OF BEGINNING and containing 0.5495
ACRES, more or less.
Surveyed on December 12, 2007. This legal description is being submitted along with a plat
based on this survey see EXHIBIT "D").
�PwG� ERF '9
THOMAS S;ROWE.
Thomas S. Rowe, RPLS No. 5728 5728' P Q
z:Qoosos-i 7a\os-i 7a:gym&n.aac •.
EXHIBIT"C"
Pa-e 2 —V2
MARK W. WHITELEYAND ASSOCIATES,INC.
a�
F.M. HIGHWAY 364
sr ROO/•W (ALSO KNOWN As MAJOR DRIVE) G�obdap�po -SCALE 1"-200r '
50'ES of Ft5t7KN► }BLACKMDV' SET s/8
SGlES UlI/R C091�AN1 1. R00 Uyl c�J�
WL 1793,P0.223 REFERENCE BEARING PER VOL. 17, PG, 256, MRJC o
FNO 3/8" �'c (CALL NO2'SJ'f01Y 881.15) g Q•
T. ROD 2 717W7?7II{' FND NOT'SJ'101V 881,19' 1` R0517091Y 9.98'
—�RODW/CAP ' L4 — — — — — — — — — -'— — — _ — — FND N04-58.33-W 109.77'
_— fN0 K0T3310 373.00 FNp N04'S8'361Y JJ8.89'— — _ — — _ — _ � _ _ _ _ _ _ _FND TXDO_ _ _ FND 5/8"
I — — — — — — • . • • •r • •...GRI'IL�NFN�� -�A!'CO AL'cv 1. R00
N is •1�— -
10' UTILITY EASEMENT 10' UTILI EASEMENT — — — — —0.—ACRE S1NtTARY
VOL. 17, PC. 256 VOL. I7, PC. 256 0 — 1 I I I 2 TY OF BFAEASEMENT
MRJC I MRJC ^ SEWER EASEMENT INGRESS k EL7TES.S 615f1Ri/r
CALLED 2.09 IS, SET 5/8 I I I CALLED 1.701 ACRE t°. CALLED/1686 ACRES 17DRJP 445
mm NVESIIEiYiS L O. !IC i DELAWARE EX�iEOM DDEMMIENT LTD CF 48678
C.T. OPRX
NO. 15 jj�
I. RO b CF.NO 18679 GF.NO.2000 0 476 70
FND 1. ROD W/CAP n 50751'101;323.43' ` OPRA:STAMPED W%CARROL N ET 5/8-' SET 5/8 I �--OVIED 2.032 AM
REMAIATER OF MON" u 1. R00 I JEFFERSON COiW MOVIOE DISTRICT NO 6
CA[If0 2091015 ACRES FND L R00 W/CAP I I Cu. 014787
DEUW'ARE EXLDYSNXI DEVELOWMENT,LTD. FTAMPED W%CARROLL I' DIRC
C.F.NO.20OW47669 '•,�'T & BLACKMON' I c
" I o
ENO'ROD W I 1 CAUED� 3 ACRES I I I BETTER;;COUNTYY mrvOE Dr508Cr NO,
FND 1. ROD W/CAP / 0 FND 1. ROD W/CAp OELAWARE EXTENSM DIMLOPMENT,LID, IWT 28
STAMPED W%CARROLL SiAMPEO W%CARROLL I Q �ST & BLACKM ALL C.F.N0.2000047669 I I I Lu F. NO !01-01-0333
k BLACKMON• BLICKMON' "� OFRX
,°7 0PR1C
FM 502'53?I'E 737.67' E" CALC FA�FIELO —F
(CALL I 53110E IJ800I CORNER I
VOL I .256 I I I I Z
I
1. WING THIS SURVEY IS INTENDED i0 EXPRESS AN OPINION REGARDING
O I I I I ti
OWNERSHIP OR TITLE
J THE WORD CERTIFY IS UNDERSTOOD TO SE AN EXPRESSION N PROFESSIONAL CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE I I I ! 04
JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION C1 1000.00' 28.00' 28.00' S88'00'10"W 01'36'16" A
AND BELIEF FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE I I I C
WITH THE STANpARDS Of PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD C2 1000.00' 100,04' 100.00 S89'S6 00"E 05'43'56
OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL C3 1000,00 100,00' 99.96 S89'S8 331N 05'43 47 I I ( y
SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY EXPRESSED C4 1000.00' 99.96' 99,92 N84'14 57 E OS43 39
OR ALL SET. C5 1000.00' 100.05' 100.01' SB4'13'S0'W 05'4358
J. ALL SET 5/RI IRON RODS SET WITH A CAP STAMPED ll1.W. WHITELEY k ASSOCIATES'. C6 1000.00' 10.50' 10.50 N BT30'05" E 00'36'06
LINE BEARING DISTANCE
Li N 87-06'50" E 200.00 L—
L2 N 87-16'52" E 55.34'
L3 N 8753.20" E 55.31' EXHIBIT "D"
74 N 02 53'10" W 325.00'
L5 N OT5XIW w 556.19' REFER TO EXHIBIT "C"
L6 N 04'58'36" IN 90.00 FOR FIELD NOTE DESCRIPTION
L7 N 85'01'24" E 37.00'
LB S 04.58'36" E 90.68'
L9 S OT53 10" E 556.87' TO THE OWNERS OF THE PREMISES SURVEYED
710 S 87-06.50" W 37.00' AS OF THE DATE OF THE SURVEY, CLIENT:
011 s 87-06 50" w 52.52' DELAWARE EXTENSION DEVELOPMENT, LTD.
L THOMAS 5 ROME DO HEREBY CERTIFY THAT THIS SUR ' THIS DAY W s— ET ft.; EXHIBIT "D"
MADE ON THE SURFACE OF THE GROUND OF THE P D SCRIBED . AGD 200 "=2gR-1 f 1
HEREON AND CORRECTLY REPRESENTS THE FAC A� Z:\2005\05-174 0.5495 ACRE
OF THE SURVEY, O5—1744: OS-174-0.5493 ACRE,dwq
•••S 7--G\S r E,9. I SANITARY SEIFER EASEMENT
DATE p; DECEMBER 12, 2007 F'••� MARK W. WHITELEY
¢ °'N AND ASSOCIATES HEZEKIAH WILLIAMS SURVEY
• ABSTRACT N0. 56
THOMAS S. ROWS INCORPORATED
"'•°••""••• CONSULTING ENGINEERS, JEFFERSON COUNTY, TEXAS
9�9� 5728 �P�'Q` SURVEYORS, AND PLANNERS
�t .• O
THOMAS 5. ROWE - [STEREO PROFESSIO S P. 0. Box 5492 3250 E)STEx ntm.
WANONT. TEXAS 77726-5492 6EAt)11@/T, TEXAS 77703
409-892-0421 (FAX) 409-692-1346
EXHIBIT "E"
Legal Description: 0.0138 Acre Sanitary Sewer Easement
Hezekiah Williams Survey, Abstract No. 56
Jefferson County, Texas
BEING a 0.0138 acre sanitary sewer easement situated in the Hezekiah Williams Survey, Abstract No.
56,.Jefferson County, Texas and being out of and part of the remainder of that certain called 209.2045
acre tract of land as described in a "Special Warranty Deed" from Amoco Production Company to
Delaware Extension Development, Ltd. as recorded in Clerk's File No. 2000047669, Official Public
Records of Real Property, Jefferson County, Texas, said 0.0138 acre tract being more particularly
described as follows:
NOTE:All bearings are based on the East right-of-way line of F.M. Highway 364 North
of Westfield Avenue as NORTH 02°53'10" WEST as recorded on the final plat of Fairfield
Phase I as recorded in Volume 17, Page 256,Map Records, Jefferson County, Texas.
COMMENCING at an iron rod with an aluminum cap stamped "Jefferson County DD6" found for the
Southwest corner of that certain called 2.032 acre tract, identified as TRACT 2, as described in a"Special
Warranty Deed" from Delaware Extension Development, Ltd. to Jefferson County Drainage District No.
6 as recorded in Clerk's File No. 2001014787, Official Public Records of Real Property, Jefferson
County, Texas, and said corner being the most Northwest comer of the remainder of the said 209.2045
acre Delaware Extension Development, Ltd. tract and said corner being in the East right-of-way line of
F.M Highway 364 (also known as Major Drive);
THENCE NORTH 87 002'30" EAST, for the boundary between the said 2.032 acre Jefferson County
Drainage District No. 6 tract and the remainder of the said 209.2045 acre Delaware Extension
Development, Ltd. tract, for a distance of 737.16 feet to the Northwest comer and POINT OF
BEGINNING of the easement herein described;
THENCE NORTH 87 002'30" EAST, continuing for the boundary between the said 2.032 acre Jefferson
County Drainage District No. 6 tract and the remainder of the said 209.2045 acre Delaware Extension
Development, Ltd. tract, for a distance of 10.00 feet to a point for corner;
THENCE SOUTH 03 033'30" EAST, for a distance of 59.90 feet to a point for comer;
THENCE SOUTH 86 026'30" WEST, for a distance of 10.00 feet to a point for corner;
THENCE NORTH 03°33'30" WEST, for a distance of 60.00 feet to the POINT OF BEGINNING and
containing 0.0 13 8 ACRES,more or less.
Surveyed on December 12, 2007. This legal description is being submitted along with a plat based on
this survey(see EXHIBIT "F").
CO;e
THOMAS S. ROWE
Thomas S. Rowe, RPLS No. 5728 ���;9 5728
Of s S
Z:\2005\05-174\05.174sethreem&b.doc SuR`�
MARK W. WHITELEYAND ASSOM TES,INC.
F.M. HIGHWAY 364 �g�a
(ALSO KNOWN AS MAJOR DRIVE) °DQ�jgol° FKD SCALE )"--2170 50'UIXI Y D ISEYENT ! ° E STATES UIj L7711PANY ^ �
VOL 1AJ PG.223 REFERENCE BEARING PER VOL. 17, PG. 256, MRJC 7j p o
FND J/8"_ OPR7 (CALL NO2'5J'101Y 881.15') 1rtl5110911 9AB
1. ROD TR07JD75277A 77T.0/---t}ypfbl� gp �____________________________FND_NO2:5J'10'W 881.19'
------------------------------ - FNO N04-5B-33-W 109.77'
________________________ FND 1. ROD W/CAP g FLIQKOTSJIO 1 SET 5/8_ _ -------------FND N04'S8'36'W J38.89'
------ H8)L ROD R/LW=c=-_===_--=-- ---------------
.....--- -STAMPED W/'G4RROLL 1�ROR= ------------------------------ --------- FND
5/8'
TALIPEO W' -------------- --------- -------------------- FND iX00------- --F---------- - AL GIP
do BIACKMON' 1 ICAR40U------ - ------------- ----- --------------------�QNC MON(t-----+-- i---------- -- ---------, , I. R00
i rw B.ACI(NON'----------------------H---------------
'-----'----- i
10 UTILITY EASEMENT --------- ------------- - ----------------------------------------------------------------
f0' UTILITY EASEMENT i ; - VOL 17 PC. 256 20' UTILITY EASEMENT
VOL. L 7, PG. 256 �� ; o
MRJC ' ; MRJC i i CITY OF BEAUMONr
CALLED 1.701 ACRE o MCRFSS A:EGRESS EASEMENT VOL 1745 PC. 445
CAVED 1.09 ACRE i SET 5/8 1 i CKH,W. 1. CALLED 12666 ACRES i i i DRJC
OM NI2T/IENI�L , i o CALLED 0.60 ACRE
1. ROO i Cr NO.2007048679 z DELAWARE EX/ENSXXV CF N0.?007048618 ;
CF.A0.2006006645 ; u i i OPR-C DEVELOPMENT,Lm. 01RIC
_ o CF.NO.2000047670
OPR
LplLrr FND 1, ROD W/CAP R100 50753'107'325.43' `? �
STAMPED W%CARROLL ; H ET 5 SET 518 ; ; ; i--CALLED Z0J2 A
& BLACKMON" V 1. ROD ET CRES
I. ROD i ; i IRACT 2
1 OTERSON COUNTY ORW4GE WSIMCT NO.6
RE-110M OF `J ' i i_i i C.F.AID.20001014787
' FND 1. ROD W/CAP �x
GLLLED 2091(45 ACRES t TAMPED W%CARROLL i 1
OEUWARE E7(TENSpN DEYELOPYENr,LTD. Cs�
C.F.NO.2000047669 i '•r'�V i BLACKMON"
Q"R.IC RDILA01L1ER OF
CALLED 2092045 ACRES FAIlfD 2.99 ACRES
FND I. ROD W/Gqp FND L R00 W/G4P Q ; FNO L ROD W/CAP OEIAWME EXIEN$pN DDUOPMENT LID. i ' ' ^7 �M COUNTY WA06 E DGMT Na
STAMPED W%CARROLL STAMPED W/CARROLL -j ;STAMPED W%C4RROLL CF.NO.2OM7669 i ; i IR4CT 29
k BLACKMON' It BLACKMON' ! N W 1 & BLACKMON' ' ' . 104
tz
OPRA F.C.N0.�1WR�OL-OJSJ
00 50753217 7J7.87' CALC. FA6Tf}ELD
�E
'CALL i TSJi10'f IJ8.007 CORNER � I h
VOL 11,PC 256
ARC
1. NOTHING O THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING IN P
OWNERSHIP OR TIRE. �
2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL
JUDGMENT BY THE SURVEYOR, WHICH 15 BASED ON HIS BEST KNOWLEDGE. INFORMATION CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE ' 1
AND BELIEF FORMED/N THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE Cl 1000.00' 28.00' 28.00' S8800'10W 01'36 16" ; 1
WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD C2 1000.00' 100.04 100.00 S89'S6'00 E 05'43 56
OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL C3 1000.00 100.00' 99.96' S89'58 3314 �sl
SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED C4 1000.00' 99.96' 05'43 47 I
OR IMPLIED. 99.92' N84.14 57"E 05'43 39" 1 ; !
CS 1000.00' 100.05' 100.01' S84'13'S0"W 05'43'58' I
J. ALL SET 5/8'IRON RODS SET WITH A CAP STAMPED h4.W. WHITELEY&ASSOCIATES' C6 1000.00 10.50' 1 C
10.50' N 873005 E 00136,06-
LINE BEARING DISTANCE
L1 N 8T06'50" E 200.00'
i _,_i I 0
L2 N 8716'52' E 55.34' _- i
L3 N 8713'20' E 55.31 EXHIBIT 99�9r 0.0138 ACRE SWrARY
L4 N 8702'30' E 10.00 ANER EASEMDVT
L5 S 03.3330' E 59.90' REFER TO EXHIBIT "E"
l6 5 8526 30" w 10.00' FOR FIELD NOTE DESCRIPTION ;
L7 N 03.3330 W 1 60.00'
,
TO THE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF THE SURVEY: CLIENT:
DELAWARE EXTENSION DEVELOPMENT, LTD.
L THOMAS ROWF DO HEREBY CERTIFY THAT THI OR BY. W E` -ET EXHIBIT "F°
MADE ON THE SURFACE OF THE GROUN
5 THIS DAY : ACAD 2007
D OF DESCRIBED 1 f i
HEREON THE AND CORRECTLY REPRESENTS TH eAlAr 2:\2005\05-1 4 0.0138 ACRE
1 05-174 05-174-0.013E ACREArq
Q G�S T ER'•: SANITARY SEWER EASEMENT
DATE SU DECEMBER 12, �;• '•� MARK W. WHITELEY
...........
AND ASSOCIATES HEZEKIAH WILLIAMS SURVEY
THOMAS S. ROWE INCORPORATED ABSTRACT N0. 56
..................... ........
• P CONSULTING ENGINEERS, JEFFERSON COUNTY, TEXAS
' fl a •.O SURVEYORS, AND PLANNERS
THOMAS S. ROWS - GISTERED PROFES 728 P. RN
0. BOX 5492 3250 EASTO] ,
6FAllYONT. TEXAS 77726-5492 BEMNONT, TEXAS 77703
409-692-0421 M-) 409-692-1346
EXHIBIT "G"
Legal Description: 0.1828 Acre Water Line Easement
Hezekiah Williams Survey, Abstract No. 56
Jefferson County, Texas
BEING a 0.1828 acre water line easement situated in the Hezekiah Williams Survey, Abstract
No. 56, Jefferson County, Texas and being out of and part of the remainder of that certain called
209.2045 acre tract of land as described in a "Special Warranty Deed" from Amoco Production
Company to Delaware Extension Development, Ltd. as recorded in Clerk's File No. 2000047669,
Official Public Records of Real Property, Jefferson County, Texas, said 0.1828 acre tract being
more particularly described as follows:
NOTE:All bearings are based on the East right-of-way line of F.M. Highway 364
North of Wesoeld Avenue as NORTH 02°53'10" WEST as recorded on the final
plat of Fairfield Phase I as recorded in Volume 17, Page 256, Map Records,
Jefferson County, Texas.
COMMENCING at an iron rod with an aluminum cap stamped "Jefferson County DD6" found
for the Southwest corner of that certain called 2.032 acre tract, identified as TRACT 2, as
described in a "Special Warranty Deed" from Delaware Extension Development, Ltd. to
Jefferson County Drainage District No. 6 as recorded in Clerk's File No. 2001014787, Official
Public Records of Real Property, Jefferson County, Texas, and said corner being the most
Northwest corner of the remainder of the said 209.2045 acre Delaware Extension Development,
Ltd. tract and said corner being in the East right-of-way line of F.M Highway 364 (also known as
Major Drive);
THENCE NORTH 87 002'30" EAST, for the boundary between the said 2.032 acre Jefferson
County Drainage District No. 6 tract and the remainder of the said 209.2045 acre Delaware
Extension Development, Ltd. tract, for a distance of 20.01 feet to the Northwest corner and
POINT OF BEGINNING of the easement herein described, said corner also being in the East
line of that certain called 20 foot wide utility easement as described in a "Utilities Easement"
from Amoco Production Company to the City of Beaumont, Texas as recorded in Volume 1745,
Page 445, Deed Records;
THENCE NORTH 87 002'30" EAST, continuing for the boundary between the said 2.032 acre
Jefferson County Drainage District No. 6 tract and the remainder of the said 209.2045 acre
Delaware Extension Development, Ltd. tract, for a distance of 776.46 feet to a point for corner;
THENCE SOUTH 02 057'30" EAST, for a distance of 30.00 feet to a point for corner;
THENCE SOUTH 87 002'30" WEST, for a distance of 10.00 feet to a point for corner;
THENCE NORTH 02 057'30" WEST, for a distance of 20.00 feet to a point for corner;
EXHIBIT"G"
Page I of 2
MARK W. WHITELEYAND ASSOCIATES,INC.
THENCE SOUTH 87 002'30" WEST, parallel and 10 feet perpendicular to the South line of the
said 2.032 acre Jefferson County Drainage District No. 6 tract, for a distance of 766.11 feet to a
point for corner, said corner being in the East line of the above referenced City of Beaumont 20
foot wide utility easement;
THENCE NORTH 04 058'36" WEST, along and with the East line of the above referenced City
of Beaumont 20 foot wide utility easement, for a distance of 10.01 feet to the POINT OF
BEGINNING and containing 0.1828 ACRES, more or less.
Surveyed on December 12, 2007. This legal description is being submitted along with a plat
based on this survey(see EXHIBIT "H").
OF
SV ....
...................... ....
THOMAS. ROWE S
Thomas S. Rowe, RPLS No. 5728 ao 5726o�P
F£ss '+
Z:\2005\05-174\05-174w1catementm&b.doc S U n V
EXHIBIT"G"
Page 2 of 2
MARK W. WHITELEYAND ASSOCIATES,INC.
SCALL' 1"=200' F.M. HIGHWAY 364 g19
a� '
(ALSO KNOWN AS MAJOR DRIVE) p,IbOQo a sr O O
50'ES Un ELSE1rtNT cow 006'
5lAIES UIM/IT COYPANT
FNO 3/8" 1�OPRJC 273 REFERENCE BEARING NOZ'53'10'W 8B 1.15/256, MRJC 0 �$ 17,0911'998,
1. ROD 7ND-8D2527Y1I727..W FNf6N-6SOt 421-1�0. FND 1102S3'10'lY 881.19' l FND N04'5833 W 109.77'
_ �- - - - - - - - - - - - - - - - - - - � - - FNON04'S8'361V338.89'
FND I. ROD W/CAP $ - tAV N0753 10 25.00 SET 5 8 _ _ _ _ _ _ _FND iXDO _ FND 5/8"
- - - - - .-STAMPED W1- OLL$; =_ _____ =L1t9D === -- - - - -_-_- AL UP !. ROD
& BLACKMON" I _ - - - - - - CQN�.-WN _=I
_ _ _ J ••Ir
]O' U17LITY EASEMENT 10' UTILITY EASEMENT - - - - - - - - - - - - - - -Jj�
VOL. 17. PC. 256 I VOL. 17. 256 l • 2C/TY OF BEUM EASEMENT In
OUM 2.09 ACRE � I I CALLED 1.701 ACRE o #XRESS R EGRESS EtSA K I III VOL. 1745 PC. 445
i SET 518 GKH,RIG. G¢tED 0.60 ACRE C 12007018618 i I i•I ORJc LIZ
CF.Ad 20060 615 I 1. ROO I I I CF NO.2007048679 M q7R�048679 z DELAWARE EXTIM DEY WMENr,LTD. I
&IKC o C.F.NO.20OW47670 I ••I I
FND 1. ROD W/CAP h HA S0753'IOE 325.43' x �'� }.�--
STAMPED W/CARROLL C3 ti-PET 5/8' SET 518 I I I 10 Z03 2�
1. ROD$ BUCKMON' � !. R00 I •• CnIMN
REIAVW OF
w DRANIGE DISTRICT NO.6
FNO 1. OD W/CAP I I C.F.NO. 014787
CALLED S IGYrES I •Z kIAMPEDRIVI"CARROLL
DEUWVtE fXrEN9W DEVELOPMENT,LTD. Cif I I
C.F.NO.2000017669 I •,.-7 & BLACKMON-
CALLEO 20.M5 ACRE$ CALLED 299 ACRES
FND I. ROD W/CAP FNO L ROD IN/CAP- G�
I I SFND I. ROD W/CAP OEIAWARE EXIENYON OEOPMNT,LTD.W%CARROLL STAMD W/CAROCC JRTFW COUNR OIUIG
E 06RCf N0.C F. . 0.1828 ACRE WATER ICT 28$ BLACKMON- & BLACKM
��n d BLACKMON" OFRJC L EISFMENr F.C.NO. 104-DI-0.153
HID SVD2 31I E 737.87' CALC FAWf1E1D I ••I �
CALL i 75JilOT I38.00I CORNE PH45E I
VOL 1�.256 I I !I
1. NOTHING O THIS SURVEY IS INTENDED i0 EXPRESS AN OPINION REGARDING
��I w
OWNERSHIP OR TITLE.
2. THE WORD CERTIFY IS V UNDERSTOOD TO SE AN EXPRESSION OF PROFESSIONAL CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE I I i!I q
JUDGMENT BY THE SURVEYOR, WHICH 15 BASED ON HIS BEST KNOWLEDGE, INFORMATION C 1 1000.00' 28.00' 28.00' 588'00'10 W DELTA 16" I I I I I
E AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLOWCE
WITH THE STANDARDS OF PRACTICE REOUIRED AND PROMULGATED BY THE TEXAS BOARD C2 1000.00' 100.04' 100.00' 589'56 00 E 05'43'56" •. p
OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL C3 1000.00' 100,00' 99.96' S89'S8 33 W 05'43 47 I I III
SURVEYORS. AS SUCH. IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED C4 1000.00 99.96' 99.92' N84't4'57 E 05'4339
OR IMPLIED. C5 1000.00' 100.05' 100.01' S84'13'S0 05'43'58 I I •• COT,
3. ALL SET 518'IRON RODS SET WITH A CAP STAMPED M.W. WHl1FLEY 6r ASSOC4ITES' C6 1000.00' 10.50' 10.50' N 87*30'05 E 00736'06"
LINE BEARING DISTANCE
Lt N 8106 50 E 200.00'
L2 N 8116'52" E 55.34'
73 W 871320- E 55.31 EXHIBIT "H"
L4 N BT02'30' E 20.01'
L5 N 8102 30 E 776.46' REFER TO EXHIBIT "G"
L6 S 02'57'30" E 30.00 FOR FIELD NOTE DESCRIPTION
L7 S e7-o2'3o w 10.00'
LB N 02'57'30" W 20,00'
L9 S 87-02 30 W 766.11' TO THE OWNERS OF THE PREMISES SURVEYED
Lt0 N 04'58'36" W 10.01' AS OF THE DATE OF THE SURVEY: CLIENT,
DELAWARE EXTENSION DEVELOPMENT, LTD.
L THOMAS S ROWE DO HEREBY CERTIFY THAT THIS SU IS 04Y W SCALE. _ SHEET"°.' EXHIBIT "H"
MADE ON THE SURFACE OF THE GROUND OF THE dd ° 2007 1 f 1
HEREON AND CORRECTLY REPRESENTS THE FA C ACS T CRIBED Vp Z:\2005\05-174\ 0.1828 ACRE
OF THE SURVEY ...`s r E9•.�` 05-174 05-174-0.1828 ACRE.d■q HATER LINE EASEMENT
a MARK W. WHITELEY
DATE SU DECEMBER 7 c�; o•N HEZEKIAH WILLIAMS SURVEY
AND ASSOCIATES ABSTRACT N0. 56
THOMAS S. ROWE INCORPORATED
............................"...
-7 CONSULTING ENGINEERS, JEFFERSON COUNTY, TEXAS
9•;90F O�Q;OQ- SURVEYORS, AND PLANNERS e
ti esst .•J
THOMAS S. ROWE - REGISTERED PROFESSION S• P. 0. Box 5492 3250 EASTEx F1h77.
9EAUYONT, TEXAS 77726-5492 SEAUYON7, TEXAS 77703
- 409-092-0421 (FAR) 4W-B92-13.6
B
RICH WITH OPPORTUNITY
r
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: June 24, 2008
REQUESTED ACTION: Council consider authorizing the acceptance of a water line
easement.
RECOMMENDATION
The Administration recommends acceptance of a water line easement to provide access for fire
protection services to the proposed Beaumont Trace Apartments located on Major Drive north of
FM 105.
BACKGROUND
Madison Communities Group, L.P. has agreed to convey a ten (10) foot wide water line easement
to the City of Beaumont. The easement [out of the Daniel Easley Survey] will provide mandatory
access to the water lines and fire hydrants for the proposed 9.965 acre Beaumont Trace
Apartments and would also allow for the construction, alteration, operation and maintenance of
the said water line and appurtenances.
BUDGETARY IMPACT
None.
\engbmt_"ce_apt-ib
16 June 2008
RESOLUTION NO.
WHEREAS, Madison Communities Group, L.P., has offered to convey a ten-foot
(10') wide Water Line Easement, being out of the Daniel Easley Survey, as described in
Exhibit "A," Pages 1 - 3 and shown on Exhibit "A," Pages 4 and 5, attached hereto, to the
City of Beaumont for the purpose of providing access for fire protection to the proposed
Beaumont Trace Apartments located on Major Drive north of FM 105; 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, as described in Exhibit "A," Pages 1 - 3 and shown on
Exhibit "A," Pages 4 and 5, be and the same is hereby, in all things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
June, 2008.
- Mayor Becky Ames -
EXHIBIT A,PAGE 1 OF 5
CENTERLINE DESCRIPTION
FORA
10' WIDE WATER LINE EASEMENT
OUT OF THE
DANIEL EASLEY SURVEY,ABSTRACT 20
JEFFERSON COUNTY, TEXAS
MAY 28, 2008
LINE 1
That certain centerline description for a 10' wide water line easement, 5' each side of centerline,
out of the Daniel Easley Survey,Abstract 20, Jefferson County, Texas, being out of a called
9.966 acre tract conveyed to Ronald L. Fraze as recorded in Clerks File No. 2003019694 of the
Official Public Records of Jefferson County, Texas, said centerline description being more
particularly described as follows:
Note: The Basis of Bearing is a south line of Lot 1, Block 1 of Madison On The Lake, a plat
recorded in Volume 16, Page 139 of the Map Records of Jefferson County, Texas and a north
line of the said 9.966 acre having been called North 89°30'33" East 790.00 feet.
COMMENCING at a '/2" iron rod found in the west right-of-way line of North Major Drive for the
southeast comer of the said 9.966 acre tract from which a '/2" iron rod found for the southwest
comer of the said 9.966 acre tract bears South 89°30'23" West 1278.70 feet (called South
89 030'33" West 1279.18 feet);
THENCE North 00°49'32"West along the said west right-of-way line of North Major Drive and
the east line of the said 9.966 acre tract a distance of 72.89 feet (called North 00°51'27"West
72.91 feet) to a %" iron rod found for an angle point;
THENCE North 10 020'40" East continuing along the said west right-of-way line of North Major
Drive and the said east line of the 9.966 acre tract a distance of 76.90 feet (called North
10°15'39" East) to a point;
THENCE South 89°30'23"West a distance of 10.18 to a point in the west line of an existing 10'
wide water line easement granted to the City of Beaumont as recorded in Clerks File No.
2000000988 of the Official Public Records of Jefferson County, Texas for the POINT OF
BEGINNING of the said centerline of Line 1;
THENCE South 89 030'23"West along the said centerline of Line 1 a distance of 99.22 feet to a
point for POINT OF BEGINNING of the centerline of Tap A, a 10' wide water line easement, 5'
each side of centerline, from which the POINT OF TERMINATION of the said centerline of Tap
A bears South 00 029'37" East 19.50 feet;
THENCE South 89 030'23"West continuing along the said centerline of Line 1 a distance of
58.02 feet to a point for the POINT OF BEGINNING of the centerline of Tap B, a 10' wide water
line easement, 5' each side of centerline, from which the POINT OF TERMINATION of the said
centerline of Tap B bears North 00°29'27"West a distance of 148.69 feet; North 10 045'33" East
Ritz&Shipman,Inc
Project No. 06905wtresmt
Plat&Description
EXHIBIT A PAGE 2 OF 5
a distance of 89.26 feet; North 89 058'35" East a distance of 181.95 feet to a point in the said
west line of the existing 10' wide water line easement recorded in Clerks File No. 2000000988;
THENCE South 89 030'23"West continuing along the said centerline of Line 1 a distance of
128.54 feet to a point for the POINT OF BEGINNING of the centerline of Tap C, a 10'wide
water line easement, F each side of centerline, from which the POINT OF TERMINATION of
the said centerline of Tap C bears North 00°29'37"West a distance of 59.50 feet;
THENCE South 89 030'23"West continuing along the said centerline of Line 1 a distance of 4.56
feet to a point for the POINT OF BEGINNING of the centerline of Tap D, a 10' wide water line
easement, F each side of centerline, from which the POINT OF TERMINATION of the said
centerline of Tap D bears South 04 052'50"West a distance of 17.49 feet;
THENCE South 89 030'23° West continuing along the said centerline of Line 1 a distance of 3.19
feet to an angle point;
THENCE North 85 007'10" West continuing along the said centerline of Line 1 a distance of
172.43 feet to an angle point;
THENCE South 89 030'33"West continuing along the said centerline of Line 1 a distance of
19.94 feet to a point for the POINT OF BEGINNING of the centerline of Tap E, a 10'wide water
line easement, 5' each side of centerline, from which the POINT OF TERMINATION of the said
centerline of Tap E bears South 00°29'27" East a distance of 19.50 feet;
THENCE South 89°30'33"West continuing along the said centerline of Line 1 a distance of
140.76 feet to an angle point;
THENCE South 85 032'06" West continuing along the said centerline of Line 1 a distance of
55.43 feet to a point for the POINT OF BEGINNING of the centerline of Tap F, a 10' wide water
line easement, 5' each side of centerline, from which the POINT OF TERMINATION of the said
centerline of Tap F bears South 04 027'54" East a distance of 19.50 feet;
THENCE South 85 032'06"West continuing along the said centerline of Line 1 a distance of
73.78 feet to an angle point;
THENCE South 89 030'23"West continuing along the said centerline of Line 1 a distance of
19.94 feet to a point for the POINT OF BEGINNING of the centerline of Tap G, a 10'wide water
line easement, 5' each side of centerline, from which the POINT OF TERMINATION of the said
centerline of Tap G bears North 00°29'37"West a distance of 59.50 feet;
THENCE South 89 030'23"West continuing along the said centerline of Line 1 a distance of
127.93 feet to a point for the POINT OF BEGINNING of the centerline of Tap H, a 10' wide
water line easement, 5' each side of centerline, from which the POINT OF TERMINATION of
the said centerline of Tap H bears South 00 029'37" East a distance of 19.50 feet;
Fittz&Shipman,Ina
Project No. 06905v,,tresmt
Plat&Description
EXHIBIT A, PAGE 3 OF 5
THENCE South 89 030'23"West continuing along the said centerline of Line 1 a distance of
38.82 feet to a point for the POINT OF BEGINNING of the centerline of Tap I, a 10'wide water
line easement, F each side of centerline, from which the POINT OF TERMINATION of the said
centerline of Tap I bears North 00 02937"West a distance of 59.50 feet;
THENCE South 89°30'23"West continuing along the said centerline of Line 1 a distance of
78.88 feet to an angle point;
THENCE North 00 043'32" West continuing along the said centerline of Line 1 a distance of
124.47 feet to an angle point;
THENCE South 89 029'32"West continuing along the said centerline of Line 1 a distance of
111.75 feet to a point for the POINT OF BEGINNING of the centerline of Tap J, a 10'wide
water line easement, 5' each side of centerline, from which the POINT OF TERMINATION of
the said centerline of Tap J bears South 00°43'32" East a distance of 119.72 feet and South
89 016'28"West 19.50 feet;
THENCE.South 89 029'32"West continuing along the said centerline of Line 1 a distance of
101.08 feet to a point in the east line of a 50'wide drainage easement conveyed to Jefferson
County Drainage District No. 6 as recorded in Volume 2049, Page. 329 of the Deed Records of
Jefferson County, Texas for the POINT OF TERMINATION of the said centerline of Line 1.
This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during
2006 and 2007.
Walter J. Ksiazek _
Registered Professional Land Surve r No. 5321 0 F I g
WALTER J, KSIAZEK
` ..�
53121
PC
vx
Fittz&Shipman,Inc
Project No.06905wtresmt
Plat&Description
EXHIBIT "A", Page 4 of 5 FOUND 1/2"
IRON ROD NUMBER DIRECTION DISTANCE
L1 S 59'30'23"W 99.22'
(CALLED S 8608'28"E 268.24') FOUND 1/2" L2 S 00'2937 E 19.50
S 86.08'28" E 268.26' IRON ROD L3 5 893023 W L4 N 00'2927 T4 W 14569
f-" -- L5 N 10.45 33 E 89.26
o W 15' BUILDING LB N 89 335 E 181.95
0 1i
�O l7 S 69'30 27 W 12554
MADISON ON THE LAKE LB N00ZS37 W 59.50'
LOT 1, BLOCK 1 W W ? I L9 S 893023 w 4.56
VOL, 16, PG. 139, M.R.J.C. h N -L6 -- Lto 5 o4 s2'so' w 17.49
I_z F---- --� Lt 1 S 5930 23 W 3.19
L12 N 85'0710 17
W 2.43
0 I r SET 1/2- L13 S 6930 33 W 19.94
I I CAPPED D4 S 00'2927 E 19.50
FOUND 1/2" 2 �^' IRON ROD L15 S 89'3033 W 140.76
(BASIS OF BEARINGS) IRON ROD / / 10' WATER LINE EASEMENT Lis S 8532 08 W 53.43'
(N 89'30'33"E 790.00') CITY OF BEAUMONT
L17 S 04'2754 E 19.50
N 89.30'33' E 790.05' CLERKS FILE N0. 2000000988 LIB L18 583'32'06 W 73.78
• I O.P.R.J.C.
--------------------------J m /y L19 389'3023 W 19.94
rn N "`7 L20 N 00'29'37"W 59.50
15' BUILDING LINE I I (L �°. A 0 50 0 L21. 5 89M23 W 127.93
n� L22 S 00.29 37 E 19.50
RONALD L. FRAZE ~ I Nw a: 5 A L E Lz3 5 s931z3 w 35.52
CLERKS FILE N0. 2003019694, O.P.R.J.C. I I W: L24 N 00'2937'W 59.50
(CALLED 9.966 ACRES) TAP C L25 S 89'3023 W 78.88
r L25 N 00'4Y32 W 124.4
I I S 89'30'23" W' O 07 T 89-2952 W 111.75
LINE 1 L11 100 10.18 o a L28 s 00'43'32"E n9.7z
-T I I o L29 S 39"16'28-W 19.50'
rLfB _ L7 LINE 1 L30 s 89'29 32 W 101.05 I` L16 L15 _ J LT TAP E13 L12 J L9 -----L3 - L1- Z SURVEYOR'S CERTIFICATION:
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF,
J CENTERLINE TAP D TAP A 11 THAT THIS IS AN ACCURATE PLAT OF A SURVEY k DESCRIPTION MADE
610- 10' WIDE WATER ON THE GROUND UNDER MY SUPERVISION DURING 2006 AND 2007.
Ld EASEMENT POINT OF FOUND 1/2"
5'EACH SIDE BEGINNING IRON ROD ,
--------------------------------10' WIDE ---
WATER EASEMENT
60'UTILITY EASEMENT N 00'4932" W 72.69' WALTER J. KSIAZEK -
VOL. 2101, PG. 210, D.R.J.C. (CALLED N 00'51'27" W 72.91') REGISTERED PROFESSIONAL ND SURVE i>c3 F TF
S 89'30'23" W 1278.70' COMMENCING POINT + ;�rG6 RFO••� u
(CALLED S 89'30'33" W 1279.18') FOUND 1/2"
REMAINDER OF IRON ROD WALTER J. KSIAZEK
WINDEMERE DEVELOPMENT COMPANY �,� •,sz1 � ;
VOL. 2047, PG. 137, D.R.J.C. •�pC �P.
(CALLED 140.290 ACRES) ( '•;�SS1b.•Q
9N SIfri ' �...
NUMBER DELTA RADIUS ARC' CHORD CHORD BEARING
Fjttz&Shilp111an 10' WIDE WATER LINE EASEMENT SHEET NO.
c1 o11rs3° 5047.12 114.33 114.33 S 04.31'25" w INC. PROJECT NAME: BEAUMONT TRACE
�ALLED01.175J' 5047.12 714.33 114.33 soa•3,4z w c En9&wm and Land Survcyors NORTH MAJOR DRIVE
1405 CORNERSTONE COURT, BEAUMONT. TEXAS PROJECT NO.
(409) 832-7238 FAX(409)832-7303 DWG NO.905WESMT BEAUMONT, TEXAS
DATE: 5-26-08 ossos
EXHIBIT "A", Page 5 of 5
NUMBER DIRECTION DISTANCE
Ll 5 89'30'23"W 109.40'
L2 S 002937 E 19.
L3 MADISON ON THE LAKE
s e9.3o•2s w se.o2 POINT OF LOT 1, BLOCK 1
L4 N OO.2 27 W 14-89 TERMINATION
LS N 10.4533 E 19.29•
L8 a9 3s"E 191.91 10' WIDE VOL. 16, PG. 139, M.R.J.C.
N WATER L7 S 8930 23 W 128.54 ER EASEMENT I
L8 N 0072937' W 4.56' I (CALLED N 00'29'27' W 15.00')
L9 s e93023 w 17.4 N 00'30'28" W 15.00'
L10 S 045250 W 17.49 I SET (BASIS OF BEARINGS)
L11 S 893023 W 3.19 FOUND 1/2' CAPPED (N 89'30.33" E 790.00')
L12 N 159 10 W 172.43 FOUND 1/2' I IRON ROD IRON ROD N 69,30.33,• E 790.05'
L13 S 1930 33"W 19.94
IRON ROD (CALLED N 89'30'33"E 250.00')
L14 500792 E 19.50 ----------------------------
L15 S 89wo,w 140.78 } — I 15'BUILDING LINE
L16 5853208"w 55.43' z I I L30 ��f L27
L17 S 04'2 54 E 19.50• a I I LINE 1 I I I RONALD L. FRAZE
L18 S 8532.08 W 73.78 c -� I O I CLERKS FILE NO, 2003019894, O.P.R.J.C.
L20 S 893023 W 19.94 Oti ,�O I I I I' J TAP I TAP G (CALLED 9.968 ACRES)
L20 N 00'29 3Y'W 59.50 V i'^ °° �p u O_ � � I N
(y F- K 03 a z I I f-I IJ
L21 S 8930 23 W 127.93 Z°U 3 N o w I I
L22 S 00.29 3 'E 19.50 W
L23 s e9 23 w 3-12• w a.M° 0 3 z Q I I III I I� I I� UNE 1
L24 N 0072937"W 59. O O `� ' w IL—,._ ———————
L25 S 8930 23 W 78.88' Z-i a�° o N c°�ci �- J L_ ___J �— - __ --_
L21 N 00'43 32 W 124.47 - a�-� o °n a Z Iw�I L29 L—L25 L23 a L21 L19 L18Lt 66 L15 L13
L27 S 89729'32 W 111.75 W p g ° o IWI --- W TAP E
L28 S 00'4332' E 119.72' w .4O �NO I� TAP H, Z TAP F
L29 S 8918 28 w 19.50' K b' a " N N tq o z CENTERLINE
L30 S 89729 32 W 101.08 W °Z > Tx =^ 10' WIDE WATER
° W U W EASEMENT
�IW Cad<a 5 'EACH SIDE
Z
— I -—---————————— —————————————————————————————
60'UTILITY EASEMENT
VOL. 2101, PG. 210• D.R.J.C.
FOUND 1/2' S 89'30'23" W 1278.70'
IRON ROD (CALLED S 89'30'33" W 1279.18')
SPUR REMAINDER OF
RIF BIRO WINDEMERE DEVELOPMENT COMPANY
2 FIRE OR VOL. 2047, PG. 137, D.R.J.C.
(CALLED 140.290 ACRES)
IDMEADOW
NDC STLE PINDO
SI FM 105
TOLIVAR
O
Fittz 'Shipman 10' WIDE WATER LINE EASEMENT SHEET NO.
VICINITY AP o INC. PROJECT NAME: BEAUMONT TRACE 5
co,�1,e�E„��,, �,�s�,>r
NTS S C A L E 1405 CORNERSTONE COURT, BEAUMONT. TEXAS NORTH MAJOR DRIVE PROJECT NO.
(409)832-7238 FAX (409)832-7303 BEAUMONT, TEXAS
owc.No.905wesur DATE: 5-28-08 06905
c
RICH WITH OPPORTUNITY
r
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: June 24, 2008
REQUESTED ACTION: Council consider authorizing the acceptance of a water line
easement.
RECOMMENDATION
The Administration recommends acceptance of a water line easement to provide access for fire
protection services at 8060 Eastex Freeway.
BACKGROUND
The North Church of Beaumont has agreed to convey a fifteen (15) foot wide water line easement
to the City of Beaumont. The approximately 227.64 foot long easement [out of the W. B. Dyches
Survey] will provide mandatory access to the water lines and fire hydrants for the Church of the
Rock North [8060 Eastex Freeway] and would also allow for the construction, alteration,
operation and maintenance of the said water line and appurtenances.
BUDGETARY IMPACT
None.
\engchur6_on_ro&-ib
17 June 2008
RESOLUTION NO.
WHEREAS, The North Church of Beaumont, has offered to convey a fifteen-foot
(15') wide Water Line Easement for property located at 8060 Eastex Freeway, being out
of the W. B. Dyches Survey, as described in Exhibit"A," Page 1 and shown on Exhibit"A,"
Page 2, attached hereto, to the City of Beaumont for the purpose of providing access for
fire protection; 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 The North Church of Beaumont, as described in Exhibit
"A," Page 1 and shown on Exhibit "A," Page 2, be and the same is hereby, in all things,
accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
June, 2008.
- Mayor Becky Ames -
EXHIBIT "A", PAGE 1 OF 2
CENTERLINE DESCRIPTION
FOR A
15' WIDE WATER LINE EASEMENT
OUT OF THE
W. B. DYCHES SURVEY, ABSTRACT 17
JEFFERSON COUNTY, TEXAS
JUNE 10, 2008
That certain centerline description for a 15' wide water line easement, 7.5' each side of
centerline, out of the W. B. Dyches Survey, Abstract 17, Jefferson County, Texas, being
out of a called 7.96 acre tract conveyed to The North Church of Beaumont as recorded in
Clerks File No. 2004016568 of the Official Public Records of Jefferson County, Texas,
said centerline being more particularly described by the courses and distances as follows:
Note: The Basis of Bearing is the south line of the said 7.96 acre tract having been called
South 71014'00"West 734.47 feet,
COMMENCING at a %" iron rod found in the east right-of-way line of Eastex Freeway (aka
U.S. Highway 69, 96 and 287) for the northwest corner of Block 3 of the Eastex
Commercial Complex, a plat recorded in Volume 12, Page 1 of the Map Records of
Jefferson County, Texas and the southwest comer of the said 7.95 acre tract;
THENCE along the said east right-of-way line of Eastex Freeway (aka U.S. Highway 69,
96 and 287) and the west line of the said 7.95 acre tract with a curve to the right, having a
Chord Bearing of North 17 057'23"West, a chord distance of 132.60 feet and a radius of
5594.60 feet, a distance along the curve of 132.60 feet to a point for the POINT OF
BEGINNING of the said centerline from which a 5/8" iron rod found for the southwest
corner of a called 1.816 acre tract conveyed to William T. Watson as recorded in Volume
2095, Page 253 of the Deed Records of Jefferson County, Texas and the most westerly
northwest corner of the said 7.95 acre tract bears a Chord Bearing of North 15°20'53"
West and a Chord Distance of 376.71 feet;
THENCE North 71059'33" East a distance of 227.64 feet to a point for the POINT OF
TERMINATION of the said centerline.
This Field Note Description is based on a survey performed by Fittz & Shipman, Inc.
during December 2007.
Walter J. Ksi zek
Registered Professional Land Surve o. 5321 ,� � .r•�
WALTER J. KSI+� =K
Fittz&Shipman,Inc.
Page 1 of 1 � • �S�`••
Project No. 07944.0211WL r
Plat&Description
EXHIBIT "A", PAGE 2 OF 2
i
FOUND 1 112" x
IRON PIPE
I J
I �
w
THE NORTH CHURCH a I Q p
OF BEAUMONT W
CLERKS FILE NO 2004016568, O.P.R.J.C.
(CALLED 7.96 ACRES)
POINT OF
0 25 50 TERMINATION z U
CENTERLINE w
S C A L E
Z
z I LUG
a
CENTERLINE o a
15' WIDE EASEMENT iO a
7.5' EACH SIDE
w >
ICI x
N
I Z�I Qr.,
O °
Li Z
M I
I ICI I �
°QJ 0a
Z
w�
oe° �
Q I I I
a
m°w
3J�Q I
POINT OF
BEGINNING
CENTERLINE
C2 Cl
COMMENCING
FOUND 5/8" 8060 EASTEX FREEWAY POINT
IRON ROD FOUND
(AKA U.S. HIGHWAY 69, 96 & 287) IRON ROD
(270' ROW)
NUMBER DELTA RADIUS ARC CHORD CHORD BEARING
C1 01'21'29" 5594.60 132.60 132.60 N 17'57'23" W
C2 03'51'31" 5594.60 376.78 376.71 N 15'20'53" W
CLIENT: THE NORTH CHURCH OF BEAUMONT
DESCRIPTION OF SERVICES REQUESTED: 15' WIDE WATER LINE EASEMENT
SURVEYOR'S CERTIFICATION:
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY& DESCRIPTION MADE ON
THE GROUND UNDER MY SUPERVISION, DURING_DECEMBER 2007.
THE ABOVE TRACT BEING LOCATED AT 8060 EASTEX FREEWAY BEAUMONT TEXAS 77708
AND BEING DESCRIBED AS A CENTERLINE DESCRIPTION OUT OF THE W.B. DYCHES SURVEY ABSTRACT 17
AS RECORDED IN VOLUME — PAGE OF THE RECORDS OF
— DDEED_ JEFFERSON COUNTY, TEXAS.
REVISION DATE
GIST-
WALTER J. KSIA K shy
REGISTERED PROFESSION LAND 5 VE OR N0. 5321 s
. s4oE.s..«a
DATE 6-10-08 �'������'���� ,...... =#
FIELD
BOOK N Consul E
INC.
� �+S�nee►s and Laird Surveyore
JOE NO.: 07944.0211 1405 CORNERSTONE COURT BEAUMONT, TEXAS
(409)832—7238 FAX (409)832-7303 BMW
D
RICH WITH OPPORTUNITY
[I 11cm A,[I 1�1 C1 I I
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: June 24, 2008
REQUESTED ACTION: Council consider authorizing the acceptance of a sanitary
sewer easement.
RECOMMENDATION
The Administration recommends acceptance of a sanitary sewer easement to provide access for
sewer services to property located near Major Drive and Westfield Avenue.
BACKGROUND
GKH, Inc. has agreed to convey a thirty-seven foot (37') wide Sanitary Sewer Easement to the
City of Beaumont. The easement [0.2757 acre tract out of the Hezekiah Williams Survey,
Abstract No. 56] will provide sewer services to the GKH property and would also allow for
the construction, alteration, operation and maintenance of the said sanitary sewer line and
appurtenances.
BUDGETARY IMPACT
None.
\enggkh_parigi-ib
18 June 2008
RESOLUTION NO.
WHEREAS, GKH, Inc., has offered to convey a thirty-seven foot (37')wide Sanitary
Easement, for property located near Major Drive and Westfield Avenue, being out of the
Hezekiah Williams Survey, as described in Exhibit"A" and shown on Exhibit"B," attached
hereto, to the City of Beaumont for the purpose of providing access for sewer services;
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 GKH, Inc., as described in Exhibit "A" and shown on
Exhibit "B," be and the same is hereby, in all things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
June, 2008.
- Mayor Becky Ames -
EXHIBIT "A"
Legal Description: 0.2757 Acre Sanitary Sewer Easement
Hezekiah Williams Survey, Abstract No. 56
Jefferson County, Texas
BEING a 0.2757 acre sanitary sewer easement situated in the Hezekiah Williams Survey, Abstract No.
56, Jefferson County, Texas and being out of and part of that certain called 1.701 acre tract of land as
described in a "Special Warranty Deed with Vendor's Lien" from Delaware Extension Development, Ltd.
to GKH, Inc. as recorded in Clerk's File No. 2007048678, Official Public Records of Real Property,
Jefferson County, Texas, said 0.2757 acre tract being more particularly described as follows:
NOTE: All bearings are based on the East right-of-way line of F.M. Highway 364 North
of Westfield Avenue as NORTH 02 053'10" WEST as recorded on the final plat of Fairfield
Phase I as recorded in Volume 17, Page 256, Map Records,Jefferson County, Texas.
COMMENCING at an iron rod with a cap stamped "Carroll & Blackmon" found for the intersection of
the East right-of-way line of F.M. Highway 364 (also known as Major Drive) and the North right-of-way
line of Westfield Avenue, said corner also being the Southwest corner of the said 1.701 acre GKH, Inc.
tract;
THENCE NORTH 02 053'10" WEST, for a distance of 10.00 feet to the Southwest corner and POINT
OF BEGINNING of the easement herein described, said point also being the intersection of the North
line of a 10 foot wide utility easement as recorded on the final plat of Fairfield Phase I, a subdivision of
the City of Beaumont, Jefferson County, Texas, as recorded in Volume 17, Page 256, Map Records,
Jefferson County, Texas and the East right-of-way line of F.M. Highway 364;
THENCE NORTH 02 053'10" WEST, along and with the East right-of-way line of F.M. Highway 364,
for a distance of 315.00 feet to a 5/8" iron rod set for the Northwest corner of the said 1.701 acre GKH,
Inc. tract;
THENCE SOUTH 87 006'50" WEST, along and with the North line of the said 1.701 acre GKH, Inc.
tract, for a distance of 37.00 feet to a point for corner;
THENCE SOUTH 02 053'10" EAST, parallel and 37 feet perpendicular to the East right-of-way line of
F.M. Highway 364, for a distance of 269.18 feet to a point for corner;
THENCE SOUTH 21035'46" EAST, for a distance of 48.38 feet to a point for corner, said corner being
in the North line of the above referenced 10 foot wide utility easement;
THENCE SOUTH 87 006'50" WEST, along and with the North line of the said 10 foot wide utility
easement, for a distance of 52.52 feet to the POINT OF BEGINNING and containing 0.2757 ACRES,
more or less.
Surveyed on December 12, 2007. This legal description is being submitted along with a plat based on
this s ey ee EX T "B").
CPC
OF
,. .
G\ E9
Thomas S. Rowe, RPLS No. 5728 ....:.•••......•......•........
z:\2005\05-174'105-174GKHesmntm&b.doe THOMAS S. ROWE
........................ ......P
572$
Ffss\0yo
suR`�
MARK W. WHITELEYAND ASSOCIATES,INC.
gado
B F.M. HIGHWAY 364 SCALE 1"=200'
S OIL O W (ALSO KNOWN AS MAJOR DRIVE) M01
50'URLITY FASE1k711 ��D n W° 1
WLF SHIES UTILITY COMPANY X I 0.1757 ACRE sAwrARr QQ
10L 1793,PC 22J SEWER EASEMENT REFERENCE BEARING PER VOL. 17, PC. 256, MRJC
FND 3/8" � (CALL NO2'53'1 OW 881.15') NOS11109119.96'
1. R00 �D252171I727d4 !Iq hUT011T Y�80. 4 - - FND NO2'S3'10 W 881.19' '�� FND N04'58'331Y 109.77'
FND N04'58'36"W 338.89'
- - FND 1. ROD W/CAP W3 - - - -10 I __SET 5 8 FND TXDO _ _ _ _ FTID FND 5/8"
_ _ - - _ -STAMPED W%CARROLL • .-yf� - - _ - _ - - -_ _ -CONC. MONI.- -I- - - -N I I I.
JcSLACKMON" I - - - - - - - - - L _ - - _
- - - - - - - - - - -
- - - - -
I 10' UTILITY EASEMENr 20' UTILITY EASEMENT
10' UTILITY EASEMENT VOL. I7, PC. 256 1 I I I CITY OF BEAUMONT
VOL. 17, PG. 256 �� + I MRJC CALLED E(� NT VOL. 1745 . 445
MRJC CALLED 1,701 ACRE
C A2100600�5 I ET 518' I I I CF.NO.2007048679 m DELAWARE EXTENSION 11EYELOPMENT,LTD. CF.N0�7018678 LIZ
OFR� I _ I DPAIC C.F.N0.20000/7670
FND S0753'10'E 325.43' I I I �-CALLED 2.032 ACRES
FND 1. R00 W/CAP v7
ET 5/8" SET 518 ( I JEfFE 5M M#"aRVWZ DISIRICI NO. 6
STAMPED W%'ORROLL 1. R00 1. ROD
k BUICKMON w I I C.F.NO.=11014787 w NO I.CALLED I Z IgTAMPED W/"CROII
OEUWARECF �47669fN1,LTD. I r jU I & BLACKMON OF I I g
GWR� d I GALLED 209.2045 ACRES I I I I gr't�COUNTY 2.99 AM WIR ICT NO.
FND 1. ROD W CAP FND 1. ROD W/ I FND 1. ROD W/CAP DELAWARE EXTENSION DEVELOPMENT,LID. nMCT 28
STAMPED W%C ROLL STAMPED W%CARROLL I N I STAMPED W%CARROLL C.F.ND.1000047669 I I I I L•, F.C.A10. 104-01-03"
& BLACKMON & BLACKMON W & BLACK, D°RTC
FND S075J21'E 73787' CALC.
(CALL i 75.110'7M.00i) Cn CORNE FPy�I I I I 1 2
WL 17,PC 256
OE- �I (�
1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING I I I
OWNERSHIP OR TITLE. I I I I 0
2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE
AND BELIEF, FORMED IN COURSE IOF�E PERFORMING THE SURVEY IN INFORMATION
COMP IANCE Cl 1000.00' 28.00' 28.00' 588 00'10"W 01'36'16" I I
WITH THE STANDARDS OF PRACTICE REOUIRED AND PROMULGATED BY THE TEXAS BOARD 72 1000.00' 100.04' 100.00' 589'56'00"E 05'43'56"
OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL C3 1000.00' 100.00' 99.96' S89'58'332W 05743 47 I I I I
SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED C4 1000.00 99.96' 99.92' N84'14'57 E 05'43'39"
OR IMPLIED. CS 1000.00' 100.05' 100.01' S84'1 3'50"W 05'4358
3. ALL SET 518"IRON RODS SET WITH A CAP STAMPED M.W. WHITELEY&ASSOCIATES" C6 1000.00 10.50' 10.50' N 87-30'05" E 00'36'06 ,(I--
LINE BEARING DISTANCE L I
Lt N 87-06'50 E 200.00'
L2 N'871652 E 55.34'
L3 N 87-13'20 E 55.31 EXHIBIT ""B"
L4 N 02'53'10" w 10.00' REFER TO EXHIBIT A"
LS N 02'53'10" W 315.00'
L6 S 87-0650" IN 37.00' FOR FIELD NOTE DESCRIPTION
L7 S 02'53'10" E 269.18'
L8 S 21'35'46" E 48.38'
L9 S 87-06'50" W 52.52' TO THE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF THE SURVEY: CLIENT:
DELAWARE EXTENSION DEVELOPMENT, LTD.
ON : W 1;�: SWEET Na.: EXHIBIT "D"
L THOMAS S. ROWE 00 HEREBY CERTIFY THAT THIS SURV,Et WAS THIS DAY A 2007 = 1 Of 1
MADE ON THE SURFACE OF THE GROUND OF THE P LY DESCRIBED ;r2 os-1 t 0.2757 ACRE
HEREON AND CORRECTLY REPRESENTS THE F
OF THE SURVEY. ��••�4••• r�"� OS-174 os-+7+-o.z7sT AcRe.a.9 SANITARY SEWER EASEMENT
Q '•• S T L •• MARK W. WHITELEY
DATE SU DECEMBER 12 �;•�G •y HEZEKIAH WILLIAMS SURVEY
Q o,N AND ASSOCIATES ABSTRACT N0. 56
0L. P,
INCORPORATED
�...............................+•• CONSULTING ENGINEERS, JEFFERSON COUNTY, TEXAS
o v; SURVEYORS, AND PLANNERS
5728 v Q- o
°Fe (oa�O
THOMAS S. ROWE - REGISTERED PROFE 5 0. 8 V. 0. 90X 5492 3250 EASTE%FRIVY.
8FAUMONT, TEXAS 77726-5492 BEAIMIONT, TEXAS 77703
409-692-0421 ((AX) 409-892-1346
E
RICH WITH OPPORTUNITY
r
T • E X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
,1r7'
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: June 24, 2008
REQUESTED ACTION: Council consider authorizing the acceptance of a sanitary
sewer easement.
RECOMMENDATION
The Administration recommends acceptance of a sanitary sewer easement to provide access for
sewer services to property located near Major Drive and Westfield Avenue.
BACKGROUND
Madish Investments, Ltd. has agreed to convey a thirty-seven foot (37') wide Sanitary Sewer
Easement to the City of Beaumont. The easement [0.1699 acre tract out of the Hezekiah
Williams Survey, Abstract No. 56] will provide sewer services to the Madish property and
would also allow for the construction, alteration, operation and maintenance of the said
sanitary sewer line and appurtenances.
BUDGETARY IMPACT
None.
\engmadish_parigi-ib
18 June 2008
RESOLUTION NO.
WHEREAS, Madish Investments, Ltd., has offered to convey a thirty-seven foot(37')
wide Sanitary Sewer Easement, for property located near Major Drive and Westfield
Avenue, being out of the Hezekiah Williams Survey, as described in Exhibit"A"and shown
on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of providing
access for sewer services; 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 Madish Investments, Ltd., as described in Exhibit "A"
and shown on Exhibit "B," be and the same is hereby, in all things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
June, 2008.
- Mayor Becky Ames -
EXHIBIT "A"
Legal Description: 0.2757 Acre Sanitary Sewer Easement
Hezekiah Williams Survey, Abstract No. 56
Jefferson County,Texas
BEING a 0.2757 acre sanitary sewer easement situated in the Hezekiah Williams Survey, Abstract No.
56, Jefferson County, Texas and being out of and part of that certain called 1.701 acre tract of land as
described in a "Special Warranty Deed with Vendor's Lien" from Delaware Extension Development, Ltd.
to GKH, Inc. as recorded in Clerk's File No. 2007048678, Official Public Records of Real Property,
Jefferson County, Texas,said 0.2757 acre tract being more particularly described as follows:
NOTE:All bearings are based on the East right-of-way line of F.M. Highway 364 North
of Westfield Avenue as NORTH 02°53'10" WEST as recorded on the final plat of Fairfield
Phase I as recorded in Volume 17, Page 256, Map Records,Jefferson County, Texas.
COMMENCING at an iron rod with a cap stamped "Carroll & Blackmon" found for the intersection of
the East right-of-way line of F.M. Highway 364 (also known as Major Drive) and the North right-of-way
line of Westfield Avenue, said corner also being the Southwest corner of the said 1.701 acre GKH, Inc.
tract;
THENCE NORTH 02 053'10" WEST, for a distance of 10.00 feet to the Southwest corner and POINT
OF BEGINNING of the easement herein described, said point also being the intersection of the North
line of a 10 foot wide utility easement as recorded on the final plat of Fairfield Phase I, a subdivision of
the City of Beaumont, Jefferson County, Texas, as recorded in Volume 17, Page 256, Map Records,
Jefferson County, Texas and the East right-of-way line of F.M. Highway 364;
THENCE NORTH 02 053'10" WEST, along and with the East right-of-way line of F.M. Highway 364,
for a distance of 315.00 feet to a 5/8" iron rod set for the Northwest corner of the said 1.701 acre GKH,
Inc. tract;
THENCE SOUTH 87 006'50" WEST, along and with the North line of the said 1.701 acre GKH, Inc.
tract, for a distance of 37.00 feet to a point for corner;
THENCE SOUTH 02 053'10" EAST, parallel and 37 feet perpendicular to the East right-of-way line of
F.M. Highway 364, for a distance of 269.18 feet to a point for corner;
THENCE SOUTH 21 035'46" EAST, for a distance of 48.38 feet to a point for corner, said corner being
in the North line of the above referenced 10 foot wide utility easement;
THENCE SOUTH 87 006'50" WEST, along and with the North line of the said 10 foot wide utility
easement, for a distance of 52.52 feet to the POINT OF BEGINNING and containing 0.2757 ACRES,
more or less.
Surveyed on December 12, 2007. This legal description is being submitted along with a plat based on
this s ey see E T "B").
OF F
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�:"Q
Thomas S. Rowe, RPLS No. 5728 ............••••••..
2:\2005\05-174\05-174GKHes=tm&b.doc THOMAS S. ROWE
.................................
5728 P
s'u ak
MARK W. WHITELEYAND ASSOCIATES,INC.
P C a� •
F.M. HIGHWAY 364 �J�gd
TND L ROO W/GW �O� (ALSO KNOWN AS MAJOR ORIVE) �b�,�°��0, SCME 1"=200'
sD'uTNfIY EASEM74r sTA&am n(,�,f�y� ]
aV 5LITE5 UiVtY COIPAW 0.2757 ACRE SW[ARY ��V��p t?l°lL°�
77-X. 179J,PG 22J SEWER EASEMENT REFERENCE BEARING PER VOL. 17, PC. 256, MRJC o P1�J1�U°'
FND 3/8' '� - - - -(CALL NO2'SJ'101V 881.15) - - - ^- - - - - - - - - - _ NOT11'0911'9.98'
I. ROD -FN�AD232'171172T.04' �/1p� 2 1'1-80 q - - FND NO2'S3'f 014 881.19' '7 FND N04'58'331V 109.77'
- __ - - FND 1. ROD W/CAP $ - - 7 -SET 5/8 FND N04'58'36 W 338.89'
- - - - - -STAMPED W%CARROLL j �. _- - _ -_ -_- _-_-_- - - _FND TX00 _ _ _ _ � FNO 5/8"
d BLACKMON' I y{Q-• • 1�' - - - - - - =CONC�MON(,- -I L - _ -K I H /. ROp
� � �U - - - -
10' UTILITY EASEMENT 10 UTILITY EASEMENT v - - - - - - - - - - - - - -
VOL. 17, PG. 256 ; VOL. 17, PG. 256 1 I ( 0' OF BEEASEME
$ 2CI UTF EASEMENT
TAILED 209 ACRE MRJC I SET 5/8 I I MRJC�E11 NACRE CALLED 0.60 ACRE RIG ss& ACRES F I I I �• 17445 . 445
1 I 1. ROD I ( I C.F.NO..1067048679 m CF.NO.2007fµ8678
CF.NO.�45 o z DELAWARE EXTENSION DEVROPMENr,L0. Op/!�
C.F.NO.2000047670
FND 1. ROD W/CAP cn Ei 5/8"FND S02'5VIAT 325.AV OPRX
STAMPED W/'CARROLL w v SETS/8 I I I �--"-CALLED 2.032 ACHES
BLACKMON' 1. R00 I i A"ERSON COUNTY ORA NIGE DISTRICT NO.6
REM�ER OF I FND 1. ROD W/CAP I C.F.NO.2 1014787
CALLED 209'2045 ACRES I (STAMPED W/'CARROLL
OEUWARE FXTDVSI0IT OEYELOPMENT,110. I j 7 I & BLACKMON'
C.F.NO.2000047669
OF" �U I CALLED209.2045 ACRES ' I I I� ` -CAVED 299 Af71ES
FND L ROD W/CAP FILD I. ROD W/ I FNO 1. R00 W/CAP DEUWARE EXTENSION OEYELOPLIENT,LiD. fEHSON/COIMTY APA WE 06ilbCT M7.
STAMPED W/" RROCL STAMPED W/'CARROLL ( STAMPED W%CARROLL CF.NO.20)0047669 I21CT 28
d: BLACKMON' d BLACKMON' w k BLACKMON' OPRX I I I I- F.C.NO. 104-01-0353
fND 50153111 737.87' CALC FAIRFlELO I I I c DPRIO
(CALL i T5J'OT 738.007 � CORNE AW
17-X. 17,PG.256 12
��. MRA
1. NOTHING O THIS SURVEY IS INTENDED TO EXPRESS AN OPLNION REGARDING I I I I I
OWNERSHIP OR 17TLE.
2. THE WORD CERTIFY IS UNDERSi00D TO BE AN EXPRESSION OF PROFESSIONAL CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE
JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION C1 7000.00' 28.00' 28.00' SBB'00'10"W 01'36'16" I I I I �.
AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE
WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD C2 1000.00' 100.04' 100.00' 589'56'00"E 05'43 56 4J
OF PROFESSIONAL LAND SURVEYORS ANO THE TEXAS SOCIETY OF PROFESSIONAL C3 1000.00' 100.00' 99.96 589'58'33 05'43 47"
SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED C4 1000.00' 99.96' 99.92' N84'14'57"E 05'43'39
OR IMPLIED. C5 1000.00' 1()0.05' 100.01' 584'1350 05'43'58" I I I C�9;,
3. ALL SET 5/8"IRON RODS SET WITH A CAP STAMPED 'M.W. WHITELEY k ASSOCIATES' C6 1000.00' 10.50' 10.50' N 67-30'05" E 00'36'06
LINE BEARING DISTANCE
L1 N 8706 50 E 200.00' L -
LZ N 87-16 52 E 55.34'
L3 N 62-7320" E 55.30' EXHIBIT "B"
L4 N 02'53'10' W 70.00'
LS N 02'53 t0" IN 315.00' REFER TO EXHIBIT 'i4"
L6 s 8ro6 50" W 37.00' FOR FIELD NOTE DESCRIPTION
L7 S 02'53 10 E 269.18
LB S 21'35'46 E 48.38'
L9 S 87-06'50" W 52.52 TO THE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF THE SURVEY; GLEN: EXHIBIT 6(671
DELAWARE EXTENSION DEVELOPMENT, LTD.
1. THOMAS S. ROWS p0 HEREBY CERTIFY THAT iH15 SUR WAS THIS DAY SAwE' SHEET No.:
MADE ON THE SURFACE OF THE GROUND OF THE P LLY DESCRIBED R ACRD 2007 1
HEREON AND CORRECTLY REPRESENTS THE FA QQ, fl Z: 2005 0 -1 4 0.2757 ACRE
OF THE SURVEY. �! •t„J 05-174 05-174-0.2757 ACRE.d+q
Q ,`••�S T F..F SANITARY SEVER EASEMENT
DATE SU DECEMBER f2 •�G 9 MARK W. WHITELEY HEZEKiAH WILLIAMS SURVEY
e o:� AND ASSOCIATES
T.. ..•••'•••••••••••••••••••• INCORPORATED ABSTRACT N0. 56
T'••••••.••.•.... E, CONSULTING ENGINEERS, JEFFERSON COUNTY, TEXAS
tom% 5728 SURVEYORS, AND PLANNERS
0
S,;9pFE 70�?"O� e
THOMAS S. ROWE - REGISTERED PROFE su 0. 8 P. 0. Box 5492 .7250 EASTU FNwr
BEAUMONT, TEXAS 77725-5492 BGUMONT, TEXAS 77703
409-692-0421 (FAX) 409-092-1346
RICH WITH OPPORTUNITY
ILM
.11110111 �
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
Y Y � tY
g
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: June 24, 2008
REQUESTED ACTION: Consider appointing Theodore Johns as a full-time City
Magistrate for a two (2)year term.
RECOMMENDATION
Administration recommends approval of a resolution appointing Theodore Johns as a full-time
City Magistrate for a two (2) year term.
BACKGROUND
The City Charter of the City of Beaumont states, "There shall be one or more magistrates of said
Municipal Court known as City Magistrates, one of whom shall be designated as Chief
Magistrate, who shall be elected by a majority vote of the City Council for a term of two (2)
years. . . . Compensation for said magistrate shall be fixed by the City Council."
The City Council has indicated an interest in the appointment of full-time magistrates to better
serve the needs of the Municipal Court. Toward that end, the Council, on June 3, approved a job
description for a full-time magistrate fixing the compensation at $100,000 per year. Judge
Theodore Johns has expressed his desire to accept a position to serve as a full-time City
Magistrate in the Municipal Court.
BUDGETARYIMPACT
There are sufficient funds in the General Fund to support the compensation of a full-time City
Magistrate.
RESOLUTION NO.
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT Theodore Johns be appointed as a full-time City Magistrate of the City of Beaumont
Municipal Court for a two (2) year term. The base wages of City Magistrate Theodore
Johns will be $8,333.33 per month.
NOTWITHSTANDING the foregoing compensation, all other terms and conditions
of employment with the City of Beaumont shall be pursuant to City policy and the Charter
of the City of Beaumont, as with other full-time civilian employees.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24`h day of June,
2008.
- Mayor Becky Ames -
G
RICH WITH OPPORTUNITY
I'CA,
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: June 24, 2008
REQUESTED ACTION: Consider appointing Craig Lively as a full-time City
Magistrate for a two (2) year term.
RECOMMENDATION
Administration recommends approval of a resolution appointing Craig Lively as a full-time City
Magistrate for a two (2) year term.
BACKGROUND
The City Charter of the City of Beaumont states, "There shall be one or more magistrates of said
Municipal Court known as City Magistrates, one of whom shall be designated as Chief
Magistrate, who shall be elected by a majority vote of the City Council for a term of two (2)
years. . . . Compensation for said magistrate shall be fixed by the City Council."
The City Council has indicated an interest in the appointment of full-time magistrates to better
serve the needs of the Municipal Court. Toward that end, the Council, on June 3, approved a job
description for a full-time magistrate fixing the compensation at $100,000 per year. Judge Craig
Lively has expressed his desire to accept a position to serve as a full-time City Magistrate in the
Municipal Court.
BUDGETARYIMPACT
There are sufficient funds in the General Fund to support the compensation of a full-time City
Magistrate.
RESOLUTION NO.
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT Craig Lively be appointed as a full-time City Magistrate of the City of Beaumont
Municipal Court for a two (2) year term. This appointment will be effective July 14, 2008.
The base wages of City Magistrate Craig Lively will be $8,333.33 per month.
NOTWITHSTANDING the foregoing compensation, all other terms and conditions
of employment with the City of Beaumont shall be pursuant to City policy and the Charter
of the City of Beaumont, as with other full-time civilian employees.
PASSED BY THE CITY COUNCIL of the City f Beaumon hi to
Beaumont this s the 24 day of June
Y Y
2008.
- Mayor Becky Ames -
H
RICH WITH OPPORTUNITY
r
Ci U i'q'O N*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: June 24, 2008
REQUESTED ACTION: Council consider authorizing the award of a contract for the
purchase of asphalts, oils, and emulsions.
RECOMMENDATION
The administration recommends the award of a contract to Martin Asphalt Company of Houston,
Texas in the annual estimated amount of$106,400.
BACKGROUND
Bids were requested for an annual contract for asphalts, oils and emulsions for use by the Public
Works Department, Streets and Drainage Division. The materials are used as bonding agents in
the maintenance and repair of streets. The bonding agents increase the longevity of the patching
material used in potholes and various areas of damage. In addition to street repairs, these
materials will be used for the Street Rehabilitation Program. Bid notices were provided to five(5)
vendors with Martin Asphalt being the only bidder responding with pricing reflected in the table
below.
The products included in this bid are listed below.
Product Description Estimated Quantity- Unit Price/Gal. Total Price
Gallons
SS-1: Slow set oil base 6,000 $1.90 $11,400
RS-2: Rapid set oil base 10,000 $2.00 $20,000
AES-300:Water base 30,000 $2.50 $75,000
emulsion
TOTAL: $106,400
Contract for Asphalts,Oils, and Emulsions
June 24, 2008
Page 2
Martin Asphalt provided these products under the previous contract at the following rates:
Product Description Unit Price/Gal.
SS-1: Slow set oil base $1.30
RS-2: Rapid set oil base $1.30
AES-300: Water base emulsion $1.35
BUDGETARY IMPACT
Funds are available in the Public Works Department, Streets and Drainage Division's operating budget.
RESOLUTION NO.
WHEREAS, bids were solicited for a contract for the purchase of asphalts, oils, and
emulsions for use by the Public Works Department, Streets and Drainage Division; and,
WHEREAS, Martin Asphalt Company of Houston, Texas, submitted a bid in the
estimated amount of$106,400 in the unit amounts shown below:
Product Description Estimated Quantity - Unit Price/Gal. Total'Price
Gallons
SS-1: Slow set oil base 6,000 $1.90 $11,400
RS-2: Rapid set oil 10,000 $2.00 $20,000
base
AES-300: Water base 30,000 $2.50 $75,000
emulsion
TOTAL: $106,400
;and,
WHEREAS, City Council is of the opinion that the bid submitted by Martin Asphalt
Company of Houston, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Martin Asphalt Company of Houston, Texas, for a contract to
purchase asphalts, oils, and emulsions for use by the Public Works Department, Streets
and Drainage Division in the unit amounts as shown above for an annual estimated
amount of $106,400 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
June, 2008.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
11EA,11110N*
T • E • R • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 24, 2008 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition-Receive report related to the L.L. Melton YMCA
* Public Comment: Persons may speak on scheduled agenda item No. 5/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a request for a zone change from RS (Residential Single Family
Dwelling) to RM-H(Residential Multiple Family Dwelling-Highest Density)
District at 2990 S. Major Drive
2. Consider a request for a specific use permit to allow professional offices in an RCR
(Residential Conservation and Revitalization)District at 425 N. 4"' Street
3. Consider a request for a specific use permit to allow a medical office in a GC-MD-
2 (General Commercial-Multiple Family Dwelling-2)District at the northeast
corner of Folsom Drive and Pointe' Parkway
4. Consider a request to abandon an undeveloped portion of 9' Street between
Corley and Roberts Street
5. Consider approving a new solid waste collection and transportation service
franchise
6. PUBLIC HEARING: Dangerous Structure
Consider approval of an ordinance declaring certain structures to be dangerous
structures and ordering their removal within 10 days or authorizing the property
owner to enroll the dangerous structure in a work program
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 the City of Beaumont v. Maple Glen Partners, LLC. , Upstart
Management, SF Pear Orchard, LLC., Shelter First, Inc., and Interstate Realty
Management Co.
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
June 24, 2008
Consider a request for a zone change from RS (Residential Single Family Dwelling)to RM-H
(Residential Multiple Family Dwelling-Highest Density) District at 2990 S. Major Drive
RICH WITH OPPORTUNITY
11cm , �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
c 5 Ik
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 24, 2008
REQUESTED ACTION: Council consider a request for a zone change from RS
(Residential Single Family Dwelling) to RM-H (Residential
Multiple Family Dwelling-Highest Density) District at
2990 S. Major Drive.
RECOMMENDATION
The Administration recommends approval of the request.
BACKGROUND
Vera Bagneris has applied for the zone change.
Ms. Bagneris states that she is in the process of purchasing this property to allow for a small
assisted living facility for the elderly in an existing residential structure. Maximum capacity
would be 6 residents. She states that the reason for the zone change to RM-H is to allow for a
small sign in front of the property to attract clients. Ms. Bagneris says that the sign will be 6'tall
and 32 sq. ft. in area. This type of facility is permitted by right in an RM-H District.
The property is presently occupied by a residential structure approximately 3,220 sq. ft. in area,
two accessory buildings and a large paved parking area.
In May, 2006, City Council approved a zone change from RS to RM-H for 8.23 acres
approximately 1,000 feet south of the subject property. In June, 2006, City Council approved a
specific use permit to allow an insurance agency at 3336 S. Major. Across Major from the
subject property is RM-H zoning.
At a Joint Public Hearing held June 16, 2008, the Planning Commission recommended approval
7:0 of a request for a zone change from RS (Residential Single Family Dwelling) to RM-H
(Residential Multiple Family Dwelling-Highest Density) District at 2990 S. Major Drive.
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-H
(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST
DENSITY) DISTRICT FOR PROPERTY LOCATED AT 2990
S. MAJOR DRIVE, 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-
H (Residential Multiple Family Dwelling-Highest Density) District for property located at
2990 S. Major Drive, being Lot 6, Block 2, South Amelia Addition, City of Beaumont,
Jefferson County, Texas, containing 0.28 acres, more or less, as shown on Exhibit "A,"
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
p ,
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
June, 2008.
- Mayor Becky Ames -
File 5 - • Request for a zone change from RS(Residential Single Family Dwelling)
istrict to RM-H (Residential Multiple Family Dwelling-Highest Density) District or a
more restrictive district
cation: 2990 S. Major Drive
pplicant: Vera Bagneris
0 100 200
1 Feet
I. Legend
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I
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RM-H
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EXHIBIT "A"
2
June 24, 2008
Consider a request for a specific use permit to allow professional offices in an RCR(Residential
Conservation and Revitalization) District at 425 N. 41h Street
RICH WITH OPPORTUNITY
ILI �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
Y Y � Y g
r-,-Al
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 24, 2008
REQUESTED ACTION: Council consider a request for a specific use permit to
allow professional offices in an RCR(Residential
Conservation and Revitalization) District at 425 N. 4`n
Street.
RECOMMENDATION
The Administration recommends approval of the request.
BACKGROUND
David and Martha Kapparis have applied for the specific use permit.
The Kapparis' intend to relocate the Martha Kapparis Insurance Agency to an existing office
building located on the subject property. The relocation will allow the Kapparis' to expand their
business and to own the building instead of leasing. The insurance agency represents Farmers
Insurance Group and Farmers Financial Solutions and Insurance and Financial Services. The
only change they are planning to the exterior of the building is to possibly integrate a second
entrance to allow them the opportunity to lease out approximately 700 feet to some type of
compatible office user.
At a Joint Public Hearing held June 16, 2008, the Planning Commission recommended approval
7:0 of a request for a specific use permit to allow professional offices in an RCR (Residential
Conservation and Revitalization) District at 425 N. 4t' Street.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW PROFESSIONAL OFFICES IN AN RCR
(RESIDENTIAL CONSERVATION AND REVITALIZATION)
DISTRICT LOCATED AT 425 N. 4T" STREET 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 David and Martha Kapparis to allow professional offices in an RCR (Residential
Conservation and Revitalization) District located at 425 N. 4th Street, being Lots 1 and the
E 'h of Lot 2, Block 14, McFaddin 2"d Addition, City of Beaumont, Jefferson County, Texas,
containing 0.24 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 professional offices in an RCR (Residential
Conservation and Revitalization) District located at 425 N. 4th Street, being Lots 1 and the
E '/z of Lot 2, Block 14, McFaddin 2"d Addition, City of Beaumont, Jefferson County, Texas,
containing 0.24 acres, more or less, as shown on Exhibit "A" attached hereto and made
a part hereof for all purposes, is hereby granted to David and Martha Kapparis, 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.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
June, 2008.
- Mayor Becky Ames -
He 1-P: Request for a specific use permit to allow professional offices in an RCR
esidential Conservation and Revitalization) District.
cation: 425 N. P Street
pplicant: David and Martha Kapparis
0 100 200
l Feet
I I Legend
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EXHIBIT "A"
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3
June 24, 2008
Consider a request for a specific use permit to allow a medical office in a GC-MD-2 (General
Commercial-Multiple Family Dwelling-2) District at the northeast corner of Folsom Drive and
Pointe' Parkway
RICH WITH OPPORTUNITY
11cm . (
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 24, 2008
REQUESTED ACTION: Council consider a request for a specific use permit to
allow a medical office in a GC-MD-2 (General
Commercial-Multiple Family Dwelling-2) District at the
northeast corner of Folsom Drive and Pointe' Parkway.
RECOMMENDATION
The Administration recommends approval of the request subject to the following conditions:
• A 6' wide landscape strip is required along the Folsom St. and Pointe' Parkway
frontages of the parking lot;
• Landscape islands, peninsulas or medians shall be provided for every 10 parking
spaces;
• Provide an 8' tall wood screening fence along the north end of the subject property
and with a waiver of the 10' wide landscape strip along the north end of the property.
BACKGROUND
Leap Engineering, on behalf of Camidyn Real Estate, has applied for the specific use permit.
The proposed medical office will consist of a single story 25,400 sq. ft. building and related
parking. Driveway entrances will be limited to Pointe' Parkway. Sidewalks will be built along
the two street frontages. An 8' tall wood screening fence will be installed along the north
property line where the property abuts RM-H zoning.
At a Joint Public Hearing held June 16, 2008, the Planning Commission recommended approval
7:0 of a request for a specific use permit to allow a medical office in a GC-MD-2 (General
Commercial-Multiple Family Dwelling-2) District at the northeast corner of Folsom Drive and
Pointe' Parkway subject to the following conditions:
_- I
• A 6' wide landscape strip is required along the Folsom St. and Pointe' Parkway
frontages of the parking lot;
• Landscape islands, peninsulas or medians shall be provided for every 10 parking
spaces;
• Provide an 8' tall wood screening fence along the north end of the subject property
and with a waiver of the 10' wide landscape strip along the north end of the property.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A MEDICAL OFFICE IN A GC-MD-2
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-
2) DISTRICT LOCATED AT THE NORTHEAST CORNER OF
FOLSOM DRIVE AND POINTE' DISTRICT IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use
permit to Camidyn Real Estate, to allow a medical office in a GC-MD-2 (General
Commercial-Multiple Family Dwelling-2) District located at the northeast corner of Folsom
Drive and Pointe' District, as described in Exhibit "A" and shown on Exhibit "B" 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, subject to the
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a medical office in a GC-MD-2 (General Commercial-
Multiple Family Dwelling-2) District located at the northeast corner of Folsom Drive and
Pointe'is hereby granted to Camidyn Real Estate, its legal representatives, successors and
assigns, as described in Exhibit "A" and shown on Exhibit "B" attached hereto and made
a part hereof for all purposes subject to the hereinafter described conditions:
• A 6'wide landscape strip is required along the Folsom St. and Pointe' Parkway
frontages of the parking lot;
• Landscape islands, peninsulas or medians shall be provided for every 10
parking spaces;
• Provide an 8'tall wood screening fence along the north end of the subject
property;
• Waiver of the 10' wide landscape strip along the north end of the property.
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 "C"
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.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
June, 2008.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEING a 2.2621 acre (98,537.26 sq ft) tract or parcel of land located in the Wesley
Dikes Survey,Abstract No. 17, Jefferson County, Texas, Titled October 16, 1835,
Patent 1185 Volume 23 in the General Land Office,(aka the W.B. Dyches Survey,
Abstract No. 17) and being out of and a part of that called 200.686 acre tract conveyed to
LaTex Investors,L.P, of record in Clerks File No. 2000021770 of the Official Public
Records of Jefferson County, Texas, said 2.2621 acres being more particularly described
by metes and bounds as follows:
COMMENCING at a Jefferson County Drainage District No.6 (DD6)Iron Rod with
aluminum disc found in the North Right-Of-Way Line of Folsom Drive (100'R.O.W.)
for the southwest corner of that called 300 acre tract conveyed as Tract 1 to the Jefferson
County Drainage District No.6 of record in Film Code No. 104-01-0353 of the Real
Property Records of Jefferson County, Texas, the southeast corner of the said 200.686
acre tract, and the southeast corner of that called 3.5813 acre tract conveyed to Dunleith
Partners, Ltd of record in Clerks File No. 2001021999 of the Official Public Records of
Jefferson County, Texas;
THENCE S 87001'05" W(Basis of Bearin g) along he said North R.O.W. Line of
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Folsom Drive and the South Line of the said 3.5813 acre tract, the South Line of the said
200.686 acre tract, and the South Line of that called 2.296 acre tract conveyed to
Beaumont Family Practice Associates P A of record in Clerks File No.2002025586 of the
Official Public Records of Jefferson County, Texas, for a distance 700.04 feet to a %2"
capped Iron Rod found for the southwest corner of the said 2.296 acre tract and the
southeast corner and POINT OF BEGINNING of the herein described tract;
THENCE S 87 001'05" W continuing along the said north R.O.W Line of Folsom Drive,
the South Line of the 200.686 acre tract, and the South Line of the herein described tract
for a distance of 200.00 feet to a %" capped Rod set for the southeast corner of the
herein described tract at the intersection of the said North R.O.W. Line of Folsom Drive
and the East R.O.W Line of Pointe Parkway(called 80'R.O.W.) as described in Plat of
Highlands Pointe' of record in Clerks File No.2006050552 of the Official Public Records
of Jefferson County,Texas;
THENCE N 030 01' 43" W along the West Line of the herein described tract and the
East R.O.W. Line of Pointe Parkway for a distance of 304.01 feet to a%" capped Iron
Rod set for the Point of Curvature (PC) of a curve to the right;
THENCE continuing along said East R.O.W. Line of Pointe Parkway and the West
Line of the herein described tract with said curve to the right,having a Radius of
330.53 feet, a Delta Angle of 40° 47' 43", a Chord Distance of 230.40 feet, a Chord
Bearing of N 17° 22' 08" E, a distance along the Arc 235.34 feet to a Y' capped Iron
Rod Set for the northwest corner of the herein described tract and the southwest comer of
that called Tract H-2 of said Highlands Pointe';
EXHIBIT "A"
LEGAL DESCRIPTION continued
THENCE N 870 01' 05" E along the North Line of the Herein described tract and the
South Line of said Tract H-2 for a distance of 119.67 feet to a Y2" capped Iron Rod set
for the northeast corner of the herein described tract and the northwest corner of that
called 2.4798 acre tract conveyed to Beaumont Family Practice Associates P A of record
in Clerks File No. 2004033555 of the Official Public Records of Jefferson County, Texas;
THENCE S 030 01 ` 43" W along the West Line of the said 2.4798 acre tract and the
East Line of the herein described tract for a distance of 520.03 feet to the POINT AND
PLACE OF BEGINNING and containing 2.2621 acres (98,537.26 sq R) of land,more
or less.
File 1950-P: Request for a specific use permit to allow a medical office in a GC-MD-2
General Commercial-Multiple Family Dwelling-2) District
Location: Northeast comer of Folsom Drive and Pointe' Parkway
Applicant: Camidyn Real Estate
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4
June 24, 2008
Consider a request to abandon an undeveloped portion of 9' Street between Corley and Roberts
Street
RICH WITH OPPORTUNITY
r ►[I 1�1 C1 111 (
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
Q)�
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 24, 2008
REQUESTED ACTION: Council consider a request to abandon an undeveloped
portion of 9`h Street between Corley and Roberts Streets.
RECOMMENDATION
The Administration recommends approval of the request.
BACKGROUND
Drainage District#6 has applied for the street abandonment.
DD#6 states that it has developed a plan to relieve flooding in the Corley Cartwright areas.
DD#6 has acquired the property on either side of the subject tract. This area will become part of
the Corley Cartwright Detention Basin.
This item was sent to all interested parties. No negative responses have been received.
At a Regular Meeting held June 16, 2008, the Planning Commission recommended approval 7:0
of a request to abandon an undeveloped portion of 9`h Street between Corley and Roberts Streets.
BUDGETARY IMPACT
None.
05/06/2008 01:10 409-842-2729 DD6 PAGE 02/05
Jefferson County
Drainage District No. 6
P.O. Box 20078
6550 waRen JZJ. - Beaumont, Jezas 77720-0078
telephone (409) 8424818
'Fax (409) 842-2729
aabiiahed is 1920
Board of Directors
May 6, 2008 Sam 0,Smith
William F. Miranda
Joshua W.Allen, Sr.
Samuel P.Laday
James D.McNieholas
City of Beaumont
Planning Division, Room 205 Richard P LeBlanc,Jr
City Hall aENEMLMffi"EA
801 Main Street
Beaumont, Texas 77701
Re: Application for Abandonment of an Undeveloped Street Right-of-Way
For 9th Street, D. 100-0, Corley Cartwright Project
To Whom It May Concern:
Jefferson County Drainage District No. 6 (the District) has developed a plan to
relieve the flooding in the Corley Cartwright area of Beaumont, Texas, The
District is requesting that a small portion of 9th Street, located south of Corley Ave
and north of Roberts Ave. be abandoned for the above mentioned project.
The District has acquired the property on each side of the undeveloped portion of
9th Street of the College Acres Extension, Lot 10, Block 28 and Lot 1, Block 23.
(See highlighted area on attached plat) This area will become part of the Corley
Cartwright Detention Basin.
Enclosed, please find a plat of this area, along with the "Application For Public
Right-of-Way Abandonment". Please place this item on the next agenda for the
City of Beaumont's Council Meeting. If you have any questions you can contact,
Candy Melancon at the (409) 842-1818 or Jim Broussard at (409) 880-6591.
Sincerely,
Candy Melancon
Right-of-Way Secretary
Dr &tags, Storm, Vater .'hGuymcnt, -Troort Control *&unatton and Conservation.
ORDINANCE NO.
ENTITLED AN ORDINANCE ABANDONING A PORTION OF
9T"STREET BETWEEN CORLEYAND ROBERTS STREETS
IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT an undeveloped portion of 9" Street between Corley and Roberts Streets, being a
60'x 162' portion of 9th Street, beginning at the northeast corner of Block 28, College Acres
Extension and extending in a southerly direction a distance of 162', City of Beaumont,
Jefferson County, Texas, containing 0.22 acres, more or less, as shown on Exhibit"A"
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
June, 2008.
- Mayor Becky Ames -
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June 24, 2008
Consider approving a new solid waste collection and transportation service franchise
RICH WITH OPPORTUNITY
r
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T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: June 24, 2008
REQUESTED ACTION: Council consider granting a new solid waste collection and
transportation service franchise.
RECOMMENDATION
Administration recommends granting a solid waste collection and transportation service
franchise to Mr. Garbage, LLC.
BACKGROUND
According to City Ordinance 28-22.1, no person shall engage in the business of collecting,
hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a
franchise from the City. Four (4) entities (Allied Waste/BFI, IESI, Triangle Waste Solutions and
Waste Management Services) currently have nonexclusive franchise agreements with the City
and are doing business in this area. Mr. Garbage, LLC has requested that the City Council grant
the company such franchise agreement. Mr. Garbage is locally owned and operated with its
corporate office located at 4745 Fannett Road in Beaumont.
The requested franchise is generally the same as those previously approved by City Council. It
provides for a term of one year from its effective date and shall continue on a month-to month
basis until terminated by either party or extended or replaced. Mr. Garbage shall pay to the City
a sum equal to seven percent (7%) of gross revenues received for service. It also requires the
entity to indemnify the City of Beaumont and provide insurance which names the City of
Beaumont as a named insured.
According to City Charter, franchise ordinances require readings at three (3) separate Council
meetings, with the third not less than thirty (30) days from the first reading. The ordinance does
not take effect until sixty (60) days after its adoption on the third and final reading. After
passage, the ordinance must be published for four(4) consecutive weeks in a newspaper of
general circulation in the city. All publication costs are paid by franchisee. A copy of the
franchise agreement is attached for your review.
BUDGETARY IMPACT
A franchise fee of seven percent(7%) of gross receipts is paid into the General Fund.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR
SOLID WASTE COLLECTION AND TRANSPORTATION
SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
WHEREAS, Mr. Garbage, LLC. (the "Company") has requested a franchise to
operate a solid waste collection and transportation service within the City of Beaumont,
Texas (the "City"); and,
WHEREAS, the City desires to grant such franchise;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
Grant of Authority
There is hereby granted by the City to Mr. Garbage, LLC. the right and privilege to
operate and maintain within the City a solid waste collection and transportation service(the
"service"). For purposes of this franchise, the term "solid waste collection and
transportation service"shall mean the regular business of collection, hauling ortransporting
any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such
material in accordance with law. The franchise granted herein is nonexclusive, and
franchises may be granted to other persons for service.
Section 2.
Term of Franchise
The franchise herein granted shall take effect and be in force sixty (60) days after
the final passage hereof as required by law and upon the filing by the Company of an
acceptance with the City Clerk, and shall continue in force and effect until
The acceptance required hereunder must be in writing and filed
with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration
of the term hereof, this franchise shall continue on a month-to-month basis until terminated
by either party or extended or replaced.
Section 3.
Rates
The Company shall establish rates for service which are uniform as to customer
class based upon such criteria as type of waste, container size, frequency of collection,
and distance of travel. The Company shall file its initial rates for service with its
acceptance as required herein. Such rates shall, unless modified by the City, be effective
with the effective date of this franchise. Any modifications in rates by the Company shall
first be filed with the City Clerk and City Attorney and shall be effective thirty(30)days after
such filing unless modified by City as provided herein. Nothing herein shall prevent the
Company from charging uniform rates which are less than the rates filed with the City. The
City shall have the right to establish rates charged by Company for services performed
hereunder, after notice and hearing. Rates established by the City shall be sufficient to
allow the Company an opportunity to earn a reasonable return on its invested capital used
in providing such services.
Section 4.
Franchise Fee
The Company shall pay to the City, on or before the fifteenth (15th) day of each
month, a sum equal to SEVEN PERCENT(7%) of the gross revenues received for service
in the previous month as payment for the use of the City's streets, alleys and rights-of-way.
The payments herein provided do not relieve Company from the payment of ad valorem
taxes, special assessments, charges, or other fees applicable to the public generally. City
shall have the right, at any reasonable time, to audit the books and records of the
Company and the Company is hereby required to make such books and records available
at the request of City. Upon written acceptance, the Company shall furnish to the City a
listing of customers served, including customer name, address, frequency of pick-up, size
of container or type of service and charge for same. The following reports shall be filed
monthly with the City Manager or his designee along with the street rental payment
required herein:
1. Upon written request and within thirty (30) days of receipt, the
Company shall furnish to the City adequate reconciliation of
reported revenues which would include: a listing of names and
addresses of all customers served, frequency of pick-up, size
of container or type of service and charge for same, and date
service was initiated and discontinued.
Section 5.
Indemnity. Insurance and Bond
The Company shall at all times during the effective period of this franchise, carry
liability insurance as provided herein. The Company covenants and agrees at all times to
indemnify and save harmless the City, its officers, agents, employees, and any member
of the public against any and all injuries, damages, claims, causes of action or loss of
compensation arising or resulting from Company's operations underthis franchise,whether
or not such loss was caused by the negligence of the City, its agents, servants or
employees. Upon notice given Company by City, Company must defend at its own
expense, any action or suit brought against the City because of any work or other acts
done by the Company under the terms of this franchise. Counsel chosen by Company to
defend City must be satisfactory to City. Company will pay any final judgment which might
be obtained against City by reason of any work or acts done hereunder by Company, its
agents,servants or employees, and Company will pay all damages occurring to any person
or property, public or private, resulting from any fault or neglect on its part or on the part
of its agents or employees.
The Company agrees to carry insurance as follows:
1) Workers' Compensation
The Company shall furnish the City Clerk a certificate of
insurance indicating workers' compensation coverage as
required by the State of Texas.
2) Automobile Liability Insurance
The Company shall carry, in its own name, a policy in
comprehensive form to insure the automobile liability of its
i
operation with limits of not less than Five Hundred Thousand
Dollars ($500,000.00) per occurrence for bodily injury and, in
addition, not less than One Hundred Thousand Dollars
($100,000.00) property damage. This policy shall name City
as an additional insured and provide for thirty (30) days notice
to City prior to cancellation. A certificate of insurance certifying
such coverage shall be filed with the City Clerk before the
effective date of this franchise, and it shall be maintained in
force during the term of the franchise.
3) General Liability
The Company shall carry, in its own name, a comprehensive
liability insurance policy including contractual coverage for
operations other than automobile with limits of not less than
Five Hundred Thousand Dollars
($500 000.00)p er occurrence
for bodily injury, and One Hundred Thousand Dollars
($100,00.00) per occurrence for property damage. The policy
shall name the City as named insured and provide for thirty
(30) days notice to City prior to cancellation. A certificate of
insurance certifying such coverage shall be filed with the City
Clerk before the effective date of this franchise and maintained
in force during the term of the franchise.
Section 6.
Compliance with Laws and Ordinances
The Company shall, at all times during the term of this franchise, be subject to all
lawful exercise of police power by the City and to such reasonable regulations as the City
shall hereafter by ordinance provide. In addition, the Company will observe all city, county,
state, and federal laws regulating the collection and disposal of solid waste.
Section 7.
Service Standard and Equipment
The Company shall maintain and operate its collection system and equipment in
good order to render efficient service subject to the terms of this franchise. All vehicles,
containers, and equipment used for the collection and transportation of solid waste shall
I
be constructed, operated and maintained to prevent loss of liquid or solid waste material
and to minimize health and safety hazards to solid waste management personnel and the
public. Such vehicles, containers, and equipment used shall be maintained in a clean,
sanitary condition and free from odors at all times. All vehicles and equipment shall comply
with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and
roll-off type containers shall be painted and numbered and shall have the Company's name
and telephone number painted in letters of a contrasting color. Such containers may not
be placed on any street or right-of-way within the City. All collections shall be made directly
from the premises of the customer and any emptied containers returned directly to such
premises.
Section 8.
Providing Services
The Company shall provide service to any person, firm, corporation, association or
entity inside the City of Beaumont who requests such service and is not delinquent in the
payment of collection charges due the Company.
Section 9.
Office
The Company shall establish and maintain office with telephone service and shall
keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except
Saturday, Sunday and holidays.
Section 10.
Interruption of Service
In the event that service shall be interrupted for any reason for more than forty-eight
(48) hours, the City shall have the right to make temporary independent arrangements for
the purposes of continuing this necessary service to its residents in order to provide or
protect the public health and safety. If the interruption in service mentioned herein
continues for a period of seventy-two (72) hours, then the City shall have the right to
terminate the rights and privileges granted in this franchise.
Section 11.
Termination
In the event that any provision of this franchise is violated by the Company, the City
may serve written notice upon the Company of its intention to terminate this franchise. The
notice shall contain the reasons for such intention to terminate the franchise. Unless within
ten (10) days after mailing such notice by City to the Company, such violation shall cease,
or satisfactorily arrangements for correction be made by Company, the City Council may,
after a public hearing in which Company is provided an opportunity to present evidence
concerning such violation, declare the franchise terminated and serve written notice upon
the Company of the termination and the termination of the franchise shall be effective upon
the mailing of such notice.
Section 12.
Transfer of Franchise Rights
Franchise rights granted hereunder shall not be transferred to another without the
approval of City. A single transfer or a series of transfers of Company's stock which
constitute a transfer of a majority interest in Company is subject to the prior approval of
City.
Section 13.
Notices
Where written notices are provided for in this ordinance, same shall be sufficient to
notify Company when provided by certified mail to the address furnished by Company to
City. Notice to City is sufficient if mailed by certified mail to City Manager, P.O. Box 3827,
Beaumont, Texas 77704.
Section 14.
If any section, sentence, clause, paragraph or phrase of this ordinance, other than
Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the
remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any
reason, the ordinance shall be immediately invalid.
Section 15.
It is agreed by City and Company that venue of any legal proceedings under this
franchise agreement shall be in Jefferson County, Texas.
Section 16.
Vehicle Permits
Twenty (20) days prior to the effective date of this franchise, the Company shall
furnish to the City a list of all vehicles to be providing solid waste collection and disposal
service under this franchise. Such list shall include state license number, year, make,
model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City
of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize
the City refuse disposal facility. If at any time a vehicle or equipment is found to be in
noncompliance with Section 7 of this franchise,the Company will be notified of its violation
and said equipment or vehicle shall be removed from service upon receipt of written
notification.
Failure to comply with this provision or to falsify the information concerning the
location of the service of the vehicle shall be a material breach of this franchise. Should
City decide not to terminate this franchise because of any violation of this Section,
Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for
a period of sixty (60) days.
PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the
day of , 2008.
PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this
the day of , 2008.
PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the
day of , 2008.
- Mayor Becky Ames -
ACCEPTANCE:
Mr. Garbage, LLC.
By:
6
June 24, 2008
PUBLIC HEARING: Dangerous Structure
Consider approval of an ordinance declaring certain structures to be dangerous structures and
ordering their removal within 10 days or authorizing the property owner to enroll the dangerous
structure in a work program
R i.k!1Z Hsu E: i. i,S P L9 1.1 U did J
E A,1114 0 N
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 24, 2008
REQUESTED ACTION: City Council, after conducting a public hearing, consider an
ordinance to declare the following seventy-one (7 1)
structures to be dangerous structures and order the owners
to raze said structures within ten(l 0) days. if the property
owner fails to comply within ten(10) days, staff is
requesting City Council authorization to demolish these
structures without further notification to the property owner
or City Council action. Additionally, if the property owner
of a structure requests and is authorized by City Council to
enroll in a work program, all delinquent taxes shall be paid
in full or a payment plan has been established prior to the
enrollment in the work program. Enrollment in the work
program shall occur within ten days after the effective date
of this ordinance.
1. 325 Adams 11. 6965 Chinn Lane (1)
2. 1088 Amarillo and Shed 12. 4120 Cleveland
3. 10695 Black Lane and Sheds 13. 4199 Concord Road (2)
4. 2471 Brickyard Rd and Garage (1) 14. 435 Doucette Avenue (1)
5. 1045 Broadway(Commercial) (1) 15. 875 Elgie
6. 2345 Buchanan and Shed (1) 16. 155 N. I Ph Street (Commercial)
7. 3840 Buffalo (2) 17. 4850 El Paso (3)
8. 1446 Cable 18. 3560 Euclid W. and Garage
9. 975 Catalpa 19. 1179 Evalon Avenue
F10, 1412 Cedar 120. 1091 Gladys(Commercial)
(#) Indicates number of tunes structure has been enrolled in work program.
Continued)
21. 2080 Glasshouse (2) 47. 2245 Pierce(Rear Shed) (1)
22. 3460 Goliad 48. 2384 Pierce and Shed (1)
23. 4070 Harding Drive (1) 49. 185 Plum E. and Storage Bldg. (2)
24. 2431 Hazel (1) 50. 3725 Preston
25. 2890 Hebert 51. 2608 Sabine Pass Avenue& Garage (1)
26. 6795 Highway 105 52. 562-64-66 2d Street (1)
27. 2033 Ives (1) 53. 620 Shamrock (1)
28. 840 Jackson (1) 54. 540 Shell
29. 310 Jeanette (Storage Building) 55. 330 Simmons E.
30. 4135 Lakner and Garage (3) 56. 370 Simmons E. and Garage (1)
31. 9555 Landis Drive 57. 2235 South
32. 4790 Laredo and Shed (1) 58. 3910 Sunbury
33. 4855 Laredo (1) 59. 2550 10"N. Street
34. 1662 Leiper 60. 670 Terrell (Rear Building) (1)
35. 820 Lincoln Drive 61. 706-08 3'd Street
36. 790 Lindbergh Drive(Commercial) 62. 950 Trinidad and Shed
37. 2375 Linson (1) 63. 5910 Tyrrell Park Road
38. 2035 Magnolia 64. 1403 Virginia W. and Garage
39. 3180 Magnolia 65. 1640 Washington Blvd., Garage and Shed
40. 3765 Maida Road 66. 2345 Washington Blvd.
41. 4227 Marie 67. 2605 Washington Blvd.
42. 1715 McFaddin and Shed (1) 68. 3463 Washington Blvd.
43. 7940 Mitchell Road 69. 2845 Westmoreland and Shed (2)
44. 1860-72 North(Rear Garage Apartment) 70. 3250 Westmoreland and Shed
45. 993 Oakland (1) 71. 4435 Winston Drive
46. 1510 Pennsylvania
(*) Indicates number of times structure has been enrolled in work program.
RECOMMENDATION
Administration recommends City Council condemn these seventy-one(7 1) structures and order the
owner to raze within ten (10) days. Additionally, if the property owner of a structure requests and
is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full
or a payment plan has been established prior to the enrollment in the work program. Enrollment in
the work program shall occur within ten days after the effective date of this ordinance.
BACKGROUND
These structures have been inspected by the Building Codes Division and found to be dangerous
structures as defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous
Structures, Section 14-50. Additionally, these structures have deteriorated to a condition that they
are no longer considered suitable for repair.
BUDGETARY IMPACT
City may incur the cost of demolition.
ORDINANCE NO.
ENTITLED AN ORDINANCE FINDING CERTAIN
STRUCTURES TO BE PUBLIC NUISANCES AND
ORDERING THEIR DEMOLITION; PROVIDING FOR
SEVERABILITYAND PROVIDING FORA PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That the City Council of the City of Beaumont hereby finds and declares the
buildings located at:
1. 325 Adams 22. 3460 Goliad
2. 1088 Amarillo and Shed 23. 4070 Harding Drive
3. 10695 Black Lane and Sheds 24. 2431 Hazel
4. 2471 Brickyard Rd and Garage 25. 2890 Hebert
5. 1045 Broadway(Commercial) 26. 6795 Highway 105
6. 2345 Buchanan and Shed 27. 2033 Ives
7. 3840 Buffalo 28. 840 Jackson
8. 1446 Cable 29. 310 Jeanette (Storage Building)
9. 975 Catalpa 30. 4135 Lakner and Garage
10. 1412 Cedar 31. 9555 Landis Drive
11. 6965 Chinn Lane 32. 4790 Laredo and Shed
12. 4120 Cleveland 33. 4855 Laredo
13. 4199 Concord Road 34. 1662 Leiper
14. 435 Doucette Avenue 35. 820 Lincoln Drive
15. 875 Elgie 36. 790 Lindbergh Drive (Commercial)
16. 155 N. 11` Street(Commercial) 37. 2375 Linson
17. 4850 El Paso (3) 38. 2035 Magnolia
18. 3560 Euclid W. and Garage 39. 3180 Magnolia
19. 1179 Evalon Avenue 40. 3765 Maida Road
20. 1091 Gladys (Commercial) 41. 4227 Marie
21. 2080 Glasshouse 42. 1715 McFaddin and Shed
43. 7940 Mitchell Road 58. 3910 Sunbury
44. 1860-72 North (Rear Garage Apartment) 59. 2550 10`h N. Street
45. 993 Oakland 60. 670 Terrell (Rear Building)
46. 1510 Pennsylvania 61. 706-08 3`d Street
47. 2245 Pierce (Rear Shed) 62. 950 Trinidad and Shed
48. 2384 Pierce and Shed 63. 5910 Tyrrell Park Road
49. 185 Plum E. and Storage Bldg. 64. 1403 Virginia W. and Garage
50. 3725 Preston 65. 1640 Washington Blvd., Garage and Shed
51. 2608 Sabine Pass Avenue&Garage 66. 2345 Washington Blvd.
52. 562-64-662 nd Street 67. 2605 Washington Blvd.
51 620 Shamrock 68. 3463 Washington Blvd.
54. 540 Shell 69. 2845 Westmoreland and Shed
55. 330 Simmons E. 70. 3250 Westmoreland and Shed
56. 370 Simmons E. and Garage 71. 4435 Winston Drive
57. 2235 South
to be public nuisances in that said buildings violate Chapter 14, Section 14-50 of the Code
of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or
dilapidated condition, likely to cause or promote fires or would otherwise endanger the
public health, safety and welfare of persons and property.
Section 2.
In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont
and Section 14-52 of the Code of Ordinances of Beaumont,Texas,the City Council further
finds and it is hereby ordered that the owner or owners of the following described buildings,
in order to prevent a grave and immediate threat to life or property, demolish and remove
said structures within ten (10) days of the effective date of this ordinance.
1. 325 Adams 32. 4790 Laredo and Shed
2. 1088 Amarillo and Shed 33. 4855 Laredo
3. 10695 Black Lane and Sheds 34. 1662 Leiper
4. 2471 Brickyard Rd and Garage 35. 820 Lincoln Drive
5. 1045 Broadway(Commercial) 36. 790 Lindbergh Drive (Commercial)
6. 2345 Buchanan and Shed 37. 2375 Linson
7. 3840 Buffalo 38. 2035 Magnolia
8. 1446 Cable 39. 3180 Magnolia
9. 975 Catalpa 40. 3765 Maida Road
10. 1412 Cedar 41. 4227 Marie
11. 6965 Chinn Lane 42. 1715 McFaddin and Shed
12. 4120 Cleveland 43. 7940 Mitchell Road
13. 4199 Concord Road 44. 1860-72 North (Rear Garage Apartment)
14. 435 Doucette Avenue 45. 993 Oakland
15. 875 Elgie 46. 1510 Pennsylvania
16. 155 N. 11`h Street(Commercial) 47. 2245 Pierce (Rear Shed)
17. 4850 El Paso (3) 48. 2384 Pierce and Shed
18. 3560 Euclid W. and Garage 49. 185 Plum E. and Storage Bldg.
19. 1179 Evalon Avenue 50. 3725 Preston
20. 1091 Gladys (Commercial) 51. 2608 Sabine Pass Avenue & Garage
21. 2080 Glasshouse 52. 562-64-662 nd Street
22. 3460 Goliad 53. 620 Shamrock
23. 4070 Harding Drive 54. 540 Shell
24. 2431 Hazel 55. 330 Simmons E.
25. 2890 Hebert 56. 370 Simmons E. and Garage
26. 6795 Highway 105 57. 2235 South
27. 2033 Ives 58. 3910 Sunbury
28. 840 Jackson 59. 2550 10`h N. Street
29. 310 Jeanette (Storage Building) 60. 670 Terrell (Rear Building)
30. 4135 Lakner and Garage 61. 706-08 3`d Street
31. 9555 Landis Drive 62. 950 Trinidad and Shed
63. 5910 Tyrrell Park Road 68. 3463 Washington Blvd.
64. 1403 Virginia W. and Garage 69. 2845 Westmoreland and Shed
65. 1640 Washington Blvd., Garage and Shed 70. 3250 Westmoreland and Shed
66. 2345 Washington Blvd. 71. 4435 Winston Drive
67. 2605 Washington Blvd.
If the property owner(s)fail(s)to comply within ten (10)days, Council orders that the
property be demolished without further notification to the property owners or City Council
action.
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 any person who violated 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
June, 2008.
- Mayor Becky Ames -