HomeMy WebLinkAboutRES 08 234 RESOLUTION NO. 08-234
WHEREAS, Beaumont Independent School District has agreed to convey two (2)
ten-foot(10')wide Water Line Easements, being a 0.044 acre tract and a 0.263 acre tract
situated in the A. Huston League, Abstract No. 33, Jefferson County, Texas, as described
in Exhibit'A,"and shown on Exhibit"B, attached hereto,to the City of Beaumont to provide
access for fire protection services to the Westbrook High School campus on Manion 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 easements conveyed by Beaumont Independent School District, as described
in Exhibit 'A" and shown on Exhibit "B," be and the same are hereby accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
August, 2008.
HM
i� 1f
Or
MaydrPro Tern Audwin Samuel -
:'
W RTE C H "Recognizing the landmarks of the past....setting our foresight towards the future
LAND SURVEYORS, INC. Richard L.worthey,RPLS
J.L.Sims,Jr.,RPLS
EXHIBIT "A"
Page 1 of 4
July 2, 2008
Surveyor's Field Note Description: 0.044 Acre Exclusive Water Line Easement and a
0.263 Acre Exclusive Water Line Easement
BEING a 0.044 acre (1901.13 square feet) tract of land (Exclusive City Water Line Easement
No. 1) and a 0.263 acre (11455.24 square feet) tract of land (Exclusive City Water Line
Easement No. 2) out of and a part of that certain South Park ISD called 100.00 acre tract of land,
more fully described and recorded in Volume 1492, Page 5 of the Deed Records of Jefferson
County, Texas. Said 0.044 acre (1901.13 square feet) tract of land (Exclusive City Water Line
Easement No. 1) and a 0.263 acre (11455.24 square feet) tract of land (Exclusive City Water
Line Easement No. 2) being situated in the A. Huston League, Abstract No. 33, Jefferson
County, Texas and being more particularly described as follows:
Exclusive City Water Line Easement No. 1 —0.044 Acre Tract
COMMENCING at a 3/8 inch iron rod found at the Northwest corner of said 100.00 acre tract,
same being the Northeast corner of that certain Buckner Baptist Benevolences 29.984 acre tract
of land, more fully described and recorded in Volume 1960, Page 26 of said Deed Records and
being in the South line of Manion Drive (public right-of-way);
Thence South 02 deg. 37 min. 00 sec. East along and with the West line of said 100.00 acre tract,
same being the East line of said 29.984 acre tract, a distance of 1706.31 feet to a point;
Thence North 87 deg. 23 min. 00 sec. East, a distance of 63.67 feet to a point at the PLACE OF
BEGINNING of the herein described tract;
THENCE North 87 deg. 32 min. 41 sec. East, a distance of 10.00 feet to a point;
THENCE South 01 deg. 24 min. 13 sec. East, a distance of 86.65 feet to a point;
THENCE South 89 deg. 37 min. 10 sec. East, a distance of 93.86 feet to a point;
THENCE South 00 deg. 22 min. 50 sec. West, a distance of 10.00 feet to a point;
THENCE North 89 deg. 37 min. 10 sec. West, a distance of 103.55 feet to a point;
7999 Gladys Avenue, Suite 102
Beaumont, Texas 77706-3109
Tel: 409.866.9769 Fax: 409.866.7075
www.wortech.com f
EXHIBIT `A'
EXHIBIT "A"
Page 2 of 4
0.044 Acre Exclusive City Water Line Easement and a
0.263 Acre Exclusive City Water Line Easement
THENCE North 01 deg. 24 min. 13 sec. West, a distance of 96.16 feet to the PLACE OF
BEGINNING, containing 0.044 acre (1901.13 square feet) of land, more or less.
Exclusive City Water Line Easement No. 2—0.263 Acre Tract
COMMENCING at a 3/8 inch iron rod found at the Northwest comer of said 100.00 acre tract,
same being the Northeast corner of that certain Buckner Baptist Benevolences 29.984 acre tract
of land, more fully described and recorded in Volume 1960, Page 26 of said Deed Records and
being in the South line of Manion Drive (public right-of-way);
Thence South 02 deg. 37 min. 00 sec. East along and with the West line of said 100.00 acre tract,
same being the East line of said 29.984 acre tract, a distance of 1377.78 feet to a point;
Thence North 87 deg. 23 min. 00 sec. East, a distance of 69.60 feet to a point at the PLACE OF
BEGINNING of the herein described tract;
THENCE North 87 deg. 01 min. 06 sec. East, a distance of 299.11 feet to a point;
THENCE North 02 deg. 42 min. 56 sec. West, a distance of 50.58 feet to a point;
THENCE North 84 deg. 56 min. 02 sec. East, a distance of 130.20 feet to a point;
THENCE North 86 deg. 55 min. 44 sec. East, a distance of 232.27 feet to a point;
THENCE North 86 deg. 58 min. 57 sec. East, a distance of 227.43 feet to a point;
THENCE South 03 deg. 01 min. 03 sec. East, a distance of 10.00 feet to a point;
THENCE South 86 deg. 58 min. 57 sec. West, a distance of 227.43 feet to a point;
THENCE South 86 deg. 55 min. 44 sec. West, a distance of 232.09 feet to a point;
THENCE South 84 deg. 56 min. 02 sec. West, a distance of 120.43 feet to a point;
THENCE South 02 deg.42 min. 56 sec. East, a distance of 256.67 feet to a point;
EXHIBIT"A"
Page 3 of 4
0.044 Acre Exclusive City Water Line Easement and a
0.263 Acre Exclusive City Water Line Easement
THENCE South 87 deg. 17 min. 04 sec. West, a distance of 10.00 feet to a point;
THENCE North 02 deg. 42 min. 56 sec. West, a distance of 205.70 feet to a point;
THENCE South 87 deg. 01 min. 06 sec. West, a distance of 299.15 feet to a point;
THENCE North 02 deg. 27 min. 19 sec. West, a distance of 10.00 feet to the PLACE OF
BEGINNING, containing 0.263 acre (11455.24 square feet) of land,more or less.
(This description is based upon a survey made on the ground under my direct supervision on
July 1, 2008 and is being submitted along with a survey plat showing the property and facts
found as described herein. All bearings are based upon the Texas State Plane Coordinate
System, Lambert Projection, NAD83, South Central Zone. All distances and acreages are
surface)
of
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Entex, Inc. EXHIBIT "A"
10' wide Gas Pipeline Easement PAGE 4 OF 4 POC
Volume 2258, Page 273 EXCLUSIVE CITY WATER LINE EASEMENT FIND 3/8"
D.R.J.C.
I.ROD u
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Manion NOT TO SCALE -
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Phelan
CP
US so (collage) EXCLUSIVE CITY
WATER LINE EASEMENT No.2 I m
11455.24 SQ.FT. .�
0.263 ACRE w
BOUNDARY LINE TABLE I o
r LINE BEARING DISTANCE
L1 N87°32'41"E 10.00' :d I° z
o' e0' 100' 200' L2 S01°24'13"E 86.65' a a
SCALE:1"=100' L3 S89°37'10"E 93.86'
L4 S00°22'50"W 10.00'
ABBREVIATIONS L5 N89°37'10"W 103.55'
FND FOUND L6 N01°24'13"W 96.16'
1. IRON
SO.FT. SOUARE FEET L7 N87°01'06"E 299.11'
DAJ.0 DEED RECORDS
JEFFFF ERSON SON COUNTY L8 NO2°42'56"W 50.58'
O.P.RJ.C. OFFICIAL PUBLIC RECORDS L9 N84°56'02"E 130.20'
JEFFERSON COUNTY
N. NUMBER L10 S86°55'44"W 232.27' I
POC PLACE OF COMMENCING
POB PLACE OF BEGINNING L11 N86°58'57"E 227.43'
L12 S03°01'03"E 10.00'
ALL BEARINGS ARE BASED UPON THE TEXAS L13 S86°58'57"W 227.43'
STATE PLANE COORDINATE SYSTEM,LAMBERT L14 S86°5544"W 232.09'
PROJECTION,NAD83,SOUTH CENTRAL ZONE.
ALL DISTANCES AND ACREAGES ARE SURFACE. L15 S84°56'02"W 120.43'
ALL EASEMENTS SHOWN HEREON WERE L16 S02°42'56"E 256.67 I
PROVIDED IN THE TITLE AND EASEMENT REPORT
BY JEFFERSON COUNTY TITLE COMPANY L17 S87°1704"W 10.00'
EFFECTIVE DATE FEBRUARY 19,2008.
L18 NO2°42'56"W 205.70'
SUBMITTING INFORMATION:
BEAUMONT INDEPENDENT SCHOOL DISTRICT L19 S87°01'06"W 299.15'
3395 HARRISON-BEAUMONT,TEXAS 77706 L12 FND 1/2'
ATTN:TERRY INGRAM 409617-500D L20 NO2°2719"W 10.00' ND 1/
JOB NO: 2008-049 SURVEYOR'S CERTIFICATION
FIELD BOOK: 671117 `may
DR.BY: JLS - ,rO.M NSF THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY
DATE: 710212008 �� 41 TFpti�. ,P PLAT ACCURATELY REPRESENTS AN ON THE GROUND SURVEY
'+!'• MADE UNDER MY DIRECT SUPERVISION ON JULY 1,2008,AND IS
SCALE: 1"=100' ! BEING SUBMITTED ALONG WITH THE SURVEYOR'S FIELD NOTE
�.L IMS,)R. DESCRIPTION OF THE PROPERTY SHOWN HEREON,WHICH LIES IN
W�RTE C H 9p O JEFFERSON COUNTY,TEXAS.
4599 v
LAND SURVEYORS, INC. �'Y�'•�-=-s+' i
7999 Gladys Avenue,Suite 102
5 I
Beaumont,Texas 77706-3109
Tel: 409.866.9769 THIS DOCUMENT NOT VALID
Fax:409.866,7075 WITHOUT ORIGINAL SEALAND RE TE D SSIONALLP1IJ VEYOR
www.WOTtech.com SIGNATURE OF PERSON CERTIFYING r
EXHIBIT "B"
EAS 2011025358
Ial
8 PGS
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT,BEAUMONT INDEPENDENT SCHOOL DISTRICT,of the County of
Jefferson, State of Texas,hereinafter called"GRANTOR",whether one or more,for and in
consideration of the sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable
consideration to it in hand paid by the CITY OF BEAUMONT,a municipal corporation
domiciled in Jefferson County, Texas,hereinafter called "GRANTEE",the receipt and
sufficiency of which consideration is hereby acknowledged,has GRANTED, SOLD and
CONVEYED,and by these presents does GRANT,SELL and CONVEY unto the CITY OF
BEAUMONT,P. O. Box 3827,Beaumont,Texas 77704,Jefferson County,Texas,its
successors and assigns,an easement to use,repair, alter,and maintain a single underground
water line and appurtenances on the hereinafter described lands which said easement is under,
over,in and across that certain tract or parcel of land owned by GRANTOR situated in the
County of Jefferson, State of Texas,and being more particularly described in Exhibit"A",
attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate
the water line as needed for Grantor's use of the property provided the relocation is at Grantor's
expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled
representative.
The easement herein granted shall be used for the purpose of operating,repairing,
rebuilding,replacing,relocating,and removing a water line as needed for operation of Grantor's
facilities on the property. The easement shall be exclusive insofar as use of the easement land for
underground utilities is concemed,but Grantor reserves the right to use the surface of the
easement land for vehicular parking, driveways, landscaping,fencing, and other surface uses that
will not interfere with or damage the water line. Grantor shall have the right to pave all or any
portion of the surface of the easement land,but no permanent structures or buildings will be
constructed on the easement land. - Grantor will install the water line at a depth that will not be
damaged by the contemplated use of the surface by Grantor.
It is expressly understood and agreed that the City of Beaumont shall have the right of
access to the water line and appurtenances at all reasonable times to improve,maintain and
operate the same as permitted by law,and will attempt to use existing driveways and that portion
of Grantor's property that is immediately adjacent to the water line.Non-emergency
maintenance and repairs will be with 48 hours prior notice to Grantor.
Grantor will be responsible for the initial installation or construction of the water line on
Grantor's property in accordance with the plans and specifications included in the utility plan at
Grantor's expense.After initial construction of the water line and acceptance by Grantee,
Grantee will be responsible for maintenance and repair of the water line and appurtenances at
Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the
water line that will interfere with the use of the Easement for water line purposes.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures that may be damaged by Grantee's non-negligent maintenance or repair of the water
line and appurtenances.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this °� day of �
L ,2011.
BEAUMONT INDEPENDENT SCHOOL DISTRICT
By
Dr. Ca-&l Thomas, Superintendent
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X,
BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol
Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me
to be the person and officer whose name is subscribed 'to the foregoing instrument, and
acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT
SCHOOL DISTRICT, and that he executed the same for the purposes and consideration
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this AR day `" f
of 2011.
Notary Public, Sta a of Texas
RETURN TO:
City of Beaumont LANA THOMPSON
Antoinette Hard Engineering �'•'. _ Notary Public,State of Texas
P.O.Box 3827 y 8 My Commission Expires
DKtrtnont,Tx 77704
February 24,2013
WARTECH "Recognizing the landmarks of the past....setting our foresight towards the future'
LAND SURVEYORS, INC. Riahprd L WorUmy,RPLS
J.L.Sims,Jr.,RPLS
EXHIBIT"A"
Pagel of 4
July 2,2008
Surveyor's Field Note Description: 0.044 Acre Exclusive Water Line Easement and a
0.263 Acre Exclusive Water Line Easement
BB31G a 0.044 acre (1901.13 square feet) tract of land (Exclusive City Water Line Easement
No. 1) and a 0.263 acre (11455.24 square feet) tract of land (Exclusive City Water Line
Easement No. 2)out of and a part of that certain South Park ISD called 100.00 acre tract of land,
more fully described and recorded in Volume 1492, Page 5 of the Deed Records of Jefferson
County, Texas. Said 0.044 acre (1901.13 square feet) tract of land (Exclusive City Water Line
Easement No. 1) and a 0.263 acre (11455.24 square feet) tract of land (Exclusive City Water
Line Easement No. 2) being situated in the A. Huston League, Abstract No. 33, Jefferson
County,Texas and being more particularly described as follows:
Exclusive City Water Line Easement No. 1 —0.044 Acre Tract
COMMENCING at a 3/8 inch iron rod found at the Northwest corner of said 100.00 acre tract,
same being the Northeast corner of that certain Buckner Baptist Benevolences 29.984 acre tract
of land, more fully described and recorded in Volume 1960, Page 26 of said Deed Records and
being in the South line of Manion Drive (public right-of-way);
Thence South 02 deg. 37 min. 00 sec. East along and with the West line of said 100.00 acre tract,
same being the East line of said 29.984 acre tract, a distance of 1706.31 feet to a point;
Thence North 87 deg. 23 min. 00 sec. East, a distance of 63.67 feet to a point at the PLACE OF
BEGINNING of the herein described tract;
THENCE North 87 deg. 32 min. 41 sec. East,a distance of 10.00 feet to a point;
THENCE South 01 deg. 24 min. 13 sec. East,a distance of 86.65 feet to a point;
THENCE South 89 deg. 37 min. 10 sec. East,a distance of 93.86 feet to a point;
THENCE South 00 deg. 22 min. 50 sec. West, a distance of 10.00 feet to a point;
THENCE North 89 deg. 37 min. 10 sec. West,a distance of 103.55 feet to a point;
7999 Gladys Avenue,Suite 102
Beaumont,Texas 77706-3109
Tel: 409.866.9769 Fax: 409.866.7075
www.wortech.com
EXHIBIT"A"
Page 2 of 4
0.044 Acre Exclusive City Water Line Easement and a
0.263 Acre Exclusive City Water Line Easement
THENCE North 01 deg. 24 min. 13 sec. West, a distance of 96.16 feet to the PLACE OF
BEGINNING, containing 0.044 acre (1901.13 square feet)of land,more or less.
Exclusive City Water Line Easement No. 2—0.263 Acre Tract
CONRAENCING at a 3/8.inch iron rod found at the Northwest corner of said 100.00 acre tract,
same being the Northeast corner of that certain Buckner Baptist Benevolences 29.984 acre tract
of land, more fully described and recorded in Volume 1960,,Page 26 of said Deed Records and
being in the South line of Manion Drive (public right-of-way);
Thence South 02 deg. 37 min. 00 sec. East along and with the West line of said 100.00 acre tract,
same being the East line of said 29.984 acre tract, a distance of 1377.78 feet to a point;
Thence North 87 deg. 23 min. 00 sec. East, a distance of 69.60 feet to a point at the PLACE OF
BEGINNING of the herein described tract;
THENCE North 87 deg. 01 min. 06 sec. East,a distance of 299.11 feet to a point;
THENCE North 02 deg. 42 min. 56 sec. West, a distance of 50.58 feet to a point;
THENCE North 84 deg. 56 min. 02 sec. East,a distance of 130.20 feet to a point;
THENCE North 86 deg. 55 min.44 sec. East,a distance of 232.27 feet to a point;
THENCE North 86 deg. 58 min. 57 sec. East,a distance of 227.43 feet to a point;
THENCE South 03 deg. 01 min. 03 sec. East,a distance of 10.00 feet to a point;
THENCE South 86 deg. 58 min. 57 sec. West, a distance of 227.43 feet to a point;
THENCE South 86 deg. 55 min.44 sec. West, a distance of 232.09 feet to a point;
THENCE South 84 deg. 56 min. 02 sec. West, a distance of 120.43 feet to a point;
THENCE South 02 deg.42 min. 56 sec. East,a distance of 256.67 feet to a point;
EXHIBIT"A"
Page 3 of 4
0.044 Acre Exclusive City Water Line Easement and a
0.263 Acre Exclusive City Water Line Easement
THENCE South 87 deg. 17 min. 04 sec. West,a distance of 10.00 feet to a point;
THENCE North 02 deg. 42 min.56 sec. West, a distance of 205.70 feet to a point;
THENCE South 87 deg. 01 min. 06 sec. West,a distance of 299.15 feet to a point;
THENCE North 02 deg. 27 min. 19 sec. West, a distance of 10.00 feet to the PLACE OF
BEGINNING, containing 0.263 acre (11455.24 square feet)of land, more or less.
(This description is based upon a survey made on the ground under my direct supervision on
July 1, 20D8 and is being submitted along with a survey plat showing the property and facts
found as described herein. All bearings are based upon the Texas State Plane Coordinate
System, Lambert Projection, NAD83, South Central Zone. All distances and acreages are
surface)
Re " e f signal Lana rrveyor
4399
tt
Entex, Inc. EXHIBIT "A"
10' Wide Gas Pipeline Easement PAGE 4 OF 4 PO
Volume 2258, Page 273 EXCLUSIVE CITY WATER LINE EASEMENT FND 3/8"
D.R.J.C. 1.ROD w
————— ———— S02°3700"E 1706.31'
0.044 ACRE N87°23'00"E 0.263 ACRE 1377.78 C ZZZ 01
63_67'
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Phelan (College) �// I �
us 90 / EXCLUSIVE CITY e6
co
WATER LINE EASEMENT No.2
11455.24 SQ.FT.
0.263 ACRE I W
BOUNDARY LINE TABLE I o
pl LINE BEARING DISTANCE
L1 N87 032'41"E 10.00' I z
V So' 100' ' L2 S01°24'13"E 86.65'
SCALE:11=11V L4 S89037'1 WE 93.86'
L4 S00022'50"W 10.00'
ABBREVIATIONS L5 N8V37'10"W 103.55'
FWD FOUND L6 N01024'13*W 96.16'
1. IRON
30 FT SSODUARE FEET L7 N87°01'06"E 299.11'
D.R.J.C. DEED RECORDS
JEFFERSON COUNTY L8 NO2 042'56"W 50.58'
O.P.R.J.C. OFFICIAL PUBLIC RECORDS L9 N84°56'02"E 130.20'
JEFFERSON COUNTY
No. NUMBER L10 S86055'44"W 232.27' I
POC PLACE OF COMMENCING 1-11 N86°58'57"E 227.43'
POS PLACE OF BEGINNING
L12 S03 001'03"E 10.00'
ALL BEARINGS ARE BASED UPON THE TEXAS L13 S86°5$'57"W 227.43' I a
STATE PLAN COORDINATE SYSTEM,LAMBERT L14 S86°5544"W 232.09'
PROJECTION,NAM'SOUTH CENTRAL ZONE.
ALL DISTANCES AND ACREAGES ARE SURFACE. L15 S84056'02"W 120,43'
ALL EASEMENTS SHOWN HEREON WERE L16 S02 042'56"E 256.67' I DED IN THE TITLE AND EASEMENT
PROVI BY JEFFERSON COUNTY TITLE COMPANY REPORT L17 S87°17'04"W 10.00'
EFFECTIVE DATE FEBRUARY 19,zoos. L18 N02042'56"W 205.70'
SUBMITTING INFORMATION:
BEAUMONT INDMNDENT SCHOOL DISTRICT L19 S87001'06"W 299.15'
ATT::TEHAERISONINOPAM MONT','oae;�-6= L20 NO2°27'19"W 10.00' 2 FND
I.ROD
JOB NO: 2009-049 SURVEYOR'S CERTIFICATION
FIELD BOOK: 671117
DR.BY: JLS �,♦ 0� THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY
DATE: 7/02/2008 ¢ PLAT ACCURATELY REPRESENTS AN ON THE GROUND SURVEY
MADE UNDER MY DIRECT SUPERVISION ON JULY 1,2008,AND IS
SCALE: 1"e100' BEING SUBMITTED ALONG WITH THE SURVEYOR'S FIELD NOTE
DESCRIPTION OF THE PROPERTY SHOWN HEREON,WHICH LIES IN
RTECH r r JEFFERSON COUNTY,TEXAS.
LAND SURVEYORS, INC. {
7999 Gladys Avenue,Suite 102
Beaumont,Texas 77706-3109'
Tel: 409.866.9769 THIS DOCUMENT NOT VALID
Fax: 409.866.7075 WITHOUT ORX*LkL SEAL AND RE9PITERE171ARCIFESSIONAL R
www.wortech.com SIGNATURE OF PERSONCERTIFYWG