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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 ,�f� �.i s`r�•�.,fq, �• ei Re ' te�redPi&dsslonalLan eyor ).L SIMS, 4i2. q� 4599 5 U A'� 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 S02°37'00"E 1706.31' w °Gw --- POB —————————————— - S02° 'DO"E POB 1377.78' m ° 0.044 A i 6 N8 63.670"E 0.263 ACRE a i mm� L2 PG = -- --- �.o v ' a �• I I L20 Lu Fzc- CO N�c,-�Q� �0• I No E0 G� 04 tD E n E w �P, I I EO lv P• Q�� G.l N V Wk.. I I U u "°+ p.v e'�p a v I I Z E 0 O' ° W cn U L4 I w i od E D o'.c N > Q N v nr m J om (� Ij�o� 215el-"'e �° yoo� UI I _ mzCL .F o D v O 1"'I W u ° E 0 ��Pr6G000 OJ�P9a O Z a Jet•°�e�� a1`"O a14. U 3> o o. �a pJ O U I O U 3 I I O L� E z d Ili 3 - O 4 N III Gladys 1 SITE VICINITY MAP Ll� I I LB Manion NOT TO SCALE - / Lib 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' p,G��---- __ Z > II - `` I I L20 w „ 6 Z I ,�j c °�' �j�O(('''� `�O• III I -�°,�c°o E 0 m Lo 114 LO a) o / f!1 CO O W W] .V_ p t Ck";6► � , 1 I I I I z O 0 yE d O a. JNaU L4 0 .2 a g ov _ ) WUIM Mt- OJ d p i U 1 I o Z a o1 1 W W a I I i`► 3 �� � C� � ` O w a a I II II O 1P I I I ;.O O YO a � A;o om .(nE C-Adys C4 I I I � I La VICJMA i� _ Li 6. I I_ M pion NO 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