HomeMy WebLinkAboutPACKET FEB 03 2009 RICH WITH OPPORTUNITY
1
T • E • % • A • S
REGULAR MEETING OF THE CITY COUNCIL.
COUNCIL CHAMBERS FEBRUARY 3, 2009 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Authorize the Convention& Visitors Bureau to apply for, and if awarded, receive grant
monies from the Jefferson County Tourism Council for publishing of the 2009-2010
Regional Visitors Guide magazine
B) Approve the reappointment of James D. McNicholas as a City Magistrate to a two (2)
year term
C) Approve a request to convey property to the Beaumont Community Housing
Development Organization for the acquisition and reconstruction of affordable housing
A
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dean Conwell, Executive Director ��C
Beaumont Convention &Visitors Bureau
MEETING DATE: February 3, 2009
AGENDA MEMO DATE: January 26, 2009
REQUESTED ACTION: Consider authorizing the Convention & Visitors Bureau to
apply for, and if awarded, receive grant monies from the
Jefferson County Tourism Council for publishing ofthe 2009-
2010 Regional Visitors Guide magazine.
RECOMMENDATION
Administration recommends approval to apply for, and receive grant monies from the Jefferson
County Tourism Council through the Jefferson County Hotel Occupancy tax in the amount of
$90,000 to be used for production and printing costs of the 2009-2010 regional visitors guide.
BACKGROUND
The Convention&Visitors Bureaus of Beaumont,Port Arthur,Nederland,Port Neches and Groves,
have collaborated together to promote tourism in the area,by developing the regional visitors guide.
The magazine is distributed throughout the state,region and cities, in an effort to promote tourism
in Jefferson County. The 88-page visitors guide is a free publication, consisting of information on
museums, attractions, lodging, dining, shopping, and annual events in our area. In years past, the
Jefferson County Tourism Council has agreed to provide grant monies in the sum of$90,000, to
publish 150,000 magazines.
BUDGETARYIMPACT
None.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and receive grant
monies from the Jefferson County Tourism Council through the Jefferson County Hotel
Occupancy Tax in the amount of $90,000 to be used for production and printing costs of
the 2009-2010 Regional Visitors Guide.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
February, 2009.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
r
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorn6%L--
MEETING DATE: February 3, 2009
REQUESTED ACTION: Consider a resolution reappointing James D. McNicholas as
a City Magistrate to a two (2) year term.
BACKGROUND
The City Council met in Executive Session on January 27, 2009, and discussed the reappointment
of James D. McNicholas as a City Magistrate. The City Charter states,"There shall be one or more
magistrates of said Municipal Court known as City Magistrates, one of whom shall be designated
Chief Magistrate . . . ." Judge McNicholas was reappointed as Chief Magistrate of the Beaumont
Municipal Court on January 30, 2007, for a two (2)year term which expires at the end of January,
2009. His compensation was set at $300 for the first session and $250 for each successive session
conducted thereafter each week. In order to continue as a City Magistrate,Judge McNicholas would
need to be reappointed and have his compensation fixed by the Council pursuant to the City Charter.
RESOLUTION NO,
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT James D. McNicholas be reappointed as City Magistrate of the City of Beaumont for
a two (2) year term. Compensation shall be $300 for the first session and $250 for each
successive session conducted thereafter each week.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
February, 2009.
- Mayor Becky Ames -
c
RICH WITH OPPORTUNITY
1
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: February 3, 2009
REQUESTED ACTION: Council consider a request to convey property to the
Beaumont Community Housing Development Organization
for the acquisition and reconstruction of affordable housing.
RECOMMENDATION
The Administration recommends that City Council authorize the City Manager to convey property
described as per the attached Exhibit "A", to the Beaumont Community Housing Development
Organization (BCHDO) for the for the acquisition and reconstruction of affordable housing for a
low/moderate income family.
BACKGROUND
The City has acquired a property located at 405 Jeanette Street from Jefferson County for the
completion of a TDHCA Disaster Program reconstruction project.On July 9,2008,construction was
halted at the location when it was discovered that the homeowner failed to disclose that her property
taxes were delinquent and that Jefferson County had been awarded the property in a judgment on
April 2, 2008, prior to signing her construction contract on May 7, 2008. As such, TDHCA
determined the property to be ineligible for assistance unless ownership could be re-established with
another eligible family. Conveying this lot to BCHDO will allow homeownership to be established
with an eligible family impacted by Hurricane Rita, and subsequently Hurricane Ike, thus re-
establishing program eligibility with TDHCA.
BUDGETARY IMPACT
There is no budgetary impact for donating the property to BCHDO. Funding for the subsequent
reconstruction is available from TDHCA Disaster Program.
EXIT"A"
HAPP J AND D U Bl, ABSTRACT 026500
1
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to convey city-owned property
located at 405 Jeanette Street, Beaumont, Texas, described as HAPP J and D, L3, 131,
Abstract 026500, to the Beaumont Community Housing Development Organization
(BCHDO) for the acquisition and reconstruction of affordable housing for a low/moderate
income family.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
February, 2009.
- Mayor Becky Ames -
i
RICH WITH OPPORTUNITY
I
T - E - X - A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 3, 2009 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition -Receive a report related to the FY 2008 Audit
* Public Comment: Persons may speak on scheduled agenda items 2-5/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a request for a specific use permit to allow for the temporary
parking and hookup of RV's in an RM-H(Residential Multiple Family Dwelling-
Highest Density)District at 2350 North Major Drive
2. Consider approving a request to abandon the 20 foot alley in Block 11, Calder
Addition, located at Calder Avenue and M. L. King Parkway
3. Consider approving the purchase of a drum roller for use by the Streets and
Drainage Division
4. Consider authorizing the acquisition of property for public use at 320-330 College
Street and 890-892 Pearl Street
5. Consider approving the creation of the Smith Road Water Control and
Improvement District
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:
Linda Thomas vs. the City of Beaumont
Kenneth Allison and his wife, Genevieve Allison vs. Mustang Tractor and
Equipment Company, et al
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
February 3, 2009
Consider approving a request for a specific use permit to allow for the temporary parking and
hookup of RV's in an RM-H(Residential Multiple Family Dwelling-Highest Density)District at
2350 North Major Drive
RICH WITH OPPORTUNITY
17L A, �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
csg
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: February 3, 2009
REQUESTED ACTION: Council consider a request for a specific use permit to
allow for the temporary parking and hookup of RV's in an
RM-H (Residential Multiple Family Dwelling-Highest
Density) District at 2350 North Major Drive.
I
RECOMMENDATION
The Administration recommends approval of the request subject to the following conditions:
1. A 30'wide landscape strip or an 8'tall wood screening fence and a 10'wide
landscape strip shall be installed along the east(rear)property line.
2. The temporary parking and hookup of recreational vehicles shall be limited to
emergency relief efforts and shall not extend beyond June 30, 2009.
3. No storage of building materials.
4. All food trailers and storage subject to approval of the Health Department.
5. All fuel tanks subject to approval of Fire Marshal.
6. No tents will be allowed.
7. No more than 10 recreational vehicles will be allowed.
BACKGROUND
Joe Self, representing the Jehovah's Witness Church, has applied for the specific use permit.
The Beaumont Relief Center Oversight Group of the Jehovah's Witness Church is a temporary
relief effort working under the direction of the Texas Disaster Relief Committee of Jehovah's
Witness. This group has determined that there is an immediate need for assistance for church
members in repairing their homes after Hurricane Ilse.
Most of the activity will occur on weekends and will primarily take place at the back of the
church. Activities will include the placement of the RV's, cooking for the volunteers, religious
services and an administrative office to coordinate the repair activities. The temporary staging of
building materials will be located off-site. Materials needed for the day will be picked up and
then distributed to the construction site.
The church states that approximately ten RV's will be located on the property. The parking of
these RV's will be located on the property until June, 2009. While the parking of the trailers will
be temporary, the church would like to permanently install the water, sanitary sewer and
electrical lines for the RV's. The Planning Manager has informed the church that a specific use
permit would be required again if there is ever a need to temporarily park RV's for hurricane
repairs.
At a Joint Public Hearing held January 26, 2009, the Planning Commission voted 3:3 for a
specific use permit to allow for the temporary parking and hookup of RV's in an RM-H
(Residential Multiple Family Dwelling-Highest Density) District at 2350 North Major Drive
subject to the following conditions:
1. A 30'wide landscape strip or an 8' tall wood screening fence and a 10' wide
landscape strip shall be installed along the east (rear) property line.
2. The temporary parking and hookup of recreational vehicles shall be limited to
emergency relief efforts and shall not extend beyond June 30, 2009.
3. No storage of building materials.
4. All food trailers and storage subject to approval of the Health Department.
5. All fuel tanks subject to approval of Fire Marshal.
6. No tents will be allowed.
7. No more than 10 recreational vehicles will be allowed.
BUDGETARY IMPACT
None.
I
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW THE TEMPORARY PARKING AND
HOOKUP OF RECREATIONAL VEHICLES IN AN RM-H
(RESIDENTIAL MULTIPLE FAMILY DWELLING - HIGHEST
DENSITY) DISTRICT FOR PROPERTY LOCATED AT 2350
NORTH MAJOR DRIVE 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 Joe Self, representing Jehovah's Witness Church,to allow the temporary parking
and hookup of recreational vehicles in an RM-H (Residential Multiple Family Dwelling -
Highest Density) District for property located at 2350 North Major Drive, being Plat SP-1,
Tract 82-D, H. Williams Survey, Abstract 56, City of Beaumont, Jefferson County, Texas,
containing 2.643 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 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 the temporary parking and hookup of
recreational vehicles in an RM-H (Residential Multiple Family Dwelling - Highest Density)
District for property located at 2350 North Major Drive, being Plat SP-1, Tract 82-D, H.
Williams Survey,Abstract 56, City of Beaumont,Jefferson County,Texas, containing 2.643
acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for
all purposes, is hereby granted to Joe Self, representing Jehovah's Witness Church, its
legal representatives, successors and assigns subject to the following conditions:
• A 30' wide landscape strip or an 8' tall wood screening fence and a
10' wide landscape strip shall be installed along the east (rear)
property line.
• The temporary parking and hookup of recreational vehicles shall be
limited to emergency relief efforts and shall not extend beyond June
30, 2009.
• No storage of building materials.
• All food trailers and storage subject to approval of the Health
Department.
• All fuel tanks subject to approval of Fire Marshal.
• No tents will be allowed.
• No more than 10 recreational vehicles will be allowed.
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, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
February, 2009.
- Mayor Becky Ames -
File 1974-P: Request for a specific use permit to allow for temporary parking and hookup
of RV's in an RM-H (Residential Multiple Family Dwelling-Highest Density)District.
Location: 2350 North Major Drive
Applicant: Joe D. Self
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EXHIBIT "A"
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*Approval subject to the following conditions: 200°-01
1. A 30'wide landscape strip or an 8'tall wood screening fence and a 10'wide landscape strip shall
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be installed along the east(rear)property line.
2. The temporary parking and hookup.of recreational vehicles shall be limited to emergency relief
efforts and shall not extend beyond June 30,2009.
3. No storage of building materials.
4. All food trailers and storage subject to approval of the Health Department.
5. All fuel tanks subject to approval of Fire Marshal.
6. No tents will be allowed.
7. No more than 10 recreational vehicles will be allowed.
2
February 3, 2009
Consider approving a request to abandon the 20 foot alley in Block 11, Calder Addition, located
at Calder Avenue and M. L. King Parkway
RICH WITH OPPORTUNITY
[I 11c" �
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: February 3, 2009
REQUESTED ACTION: Council consider a request to abandon the 20 foot alley in
Block 11, Calder Addition, located at Calder Avenue and
M. L. King Parkway.
RECOMMENDATION
The Administration recommends approval of the request subject to the following condition:
• A 20'wide general utility easement will be retained.
BACKGROUND
Ronald Blount, representing the purchasers of 1515 Calder and 1585 Calder, has applied for the
abandonment of the 20' wide alley in Block 11, Calder Addition.
The purchasers intend to construct a store and service station on the site. At the time of the writing
of this staff report,the purchasers' intent for the old Pig Stand Restaurant is unknown.
The purpose for the abandonment is to allow the closure of the alley's curb cut on Martin Luther
King, Jr. Parkway. TxDOT is requiring the developers to close the curb cut on Calder, closest to
the intersection with MLK Parkway, and the alley's curb cut. The developers will then be allowed
a curb cut on MLK Parkway, north of the alley.
This item was sent to all interested parties. No negative responses were received.
At a Regular Meeting held January 26, 2009, the Planning Commission recommended approval
6:0 to abandon the 20 foot alley in Block 11, Calder Addition, located at Calder Avenue and M.
L. King Parkway.
BUDGETARY IMPACT
None.
i 1
2826 Nall Port Neches, Texas 77651 (409) 721-5533 Fax (409) 721-9560
www.blountproperties.com
December 22,2008
Re: Closing MLK end of Alley behind
1515 and 1585 Calder St.
Owners of the above property, formerly known as the Pig Stand, have purchasers
for the property. The Purchaser's intentions are to build a store and service station
on the site . In order to obtain a curb cut with access to MLK from the property,
TXDOT is requiring the Calder curb cut close to the intersection of Calder and
MLK be closed, and the alley curb cut on MLK to be closed. Owners are not
seeking to abandon the alley, but to re-route the entering and exiting the alley from
the new curb cut, if approved by TXDOT. No utilities will be disturbed. Without
this approval from the City of Beaumont, the current purchasers will not be able to
utilize the property. Thanks for considering this proposal.
Ronald J. Blount/Representative for the Owners and Purchasers.
. 01-09-'09 16;44 FROM-Blount Properties 4097219560 T-456 P002/005 F-264
01-07-'09 10;02 F130M-Blount Properties 4097219500 T-440 P002/003 F-227
January 5.2009
Mr, Bill Munro
fie; �4]lej►;ci b�cut closing on MLK
Beaumont,Texas
Dou Mr. Munro,
We are in the negotiating stage to purchase the Old Pig Stand Site,which joins the alley,
your property joins. It is o`er undorstanding,you have heel some water issues-becauso of
Ow alley and the elevation ofthe Old Pig Stand Site. We wide to assure you,our
intentions are to build a nice new store and service station,and will make every effort to
design a plan to eliminate any water problems in the alley. The alley wlll still be usoble
by the public,since it is not being closed,rather the exit onto MLK will be rerouted by a
few feet. Standing water in the alley will be unsightly and unsafe for us and our
customers. Thmforo we understand the need to divert water from the alley. We would
like to assure you,we will not be closing any access to and from you building,as we
understand you need the access to-the side door off the alley. Upon closing the sole of
this property,Buyers will deed you right of ingress and egress to the property. We will
give the unrestricted right for your use of the new curb out beginning approximately 50 R.
from the,MLK.curb closure, You,as well as the public will have full and permanent use
of the now proposed curb-cut on MLK. We wish to be good neighbors and are willing to
work with you on the.water issue. We are requesting your signature,as required by
property owners,for the City of l3eaurno,nt to meet on January 26,2009 to approve the
proposed curb-cut closure on the MLK alley end, Feel free to contact Ronhie Blount 'lm
with Blount properties,if you have any questions. �f
Cordially Yours,
Abdullah Moma
amid 1 M Fiabl
S xn Megahani
'Jt C.l� 1''`�1 u r►�.�
01-09-'09 16;45 FROM-Blount Properties 4097219560 T-456 P004/005 F-264
Application Ownership List
])ate:taI zxlo S -
we,the undersigned,being the Iple o _ ers of all the property abutting the proposed al eranec_
of r 51� A n�� t�,.� Ca4flE�, � i�d��ori•7", '��.. -
hereby respectfully petition
that the right-of-way,allay,or utility easetmtettt be closed at3 k*mWe+srd: o►J —rA a 'A t.4 Gtj t> -
OMOOR and w Aiwk Addition
(tract) (to plat) (survey)
Hawkins Golden II Trust, R
8533 Ferndale Rd. , Ste. 202
Dally , as 75238
BY-: Trustee
Pegg iLjr4g ,ld m Kin T - ----_
8533 Ferndale Rd. , Ste. 202
Dallas Texas 75238
W.W. Willingham Family Limited Partnershiu III
8525 Ferndale Rd, , Ste, 204
Dallas, Texas 752 ,6 -
_ n r rner
NOTE: Pleasa print or type your name and then use signature, Saparate sheets may be used,
01-19-'09 10:30 FROM-Blount Properties 4097219560 T-479 P001f001 F-322
fi r—i a.
qIB ■ pIgMI� 11tR1AgIM �A ■ gtilpBl�
a
Ronnie Blount
2826 Nall ;
h Port Neches,Texas 77651 q
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(409)721-5533 office a
(409)721-9560 fax n
q
61G1! /INFINII� NOg1gqRRqq t q�
To: City of Beaumont From. Ronnie Blount
Fax: 880-3133 Pages: 1
Phon®: 880-3764 Date: 1/19/2009
ft: ac: Steve Richardson
❑Urgent ❑For Review ❑please Comment ❑Please Reply
N o w 22 s w a n a a a s s W a m N 9 a Q W 0 mot N!t U A W I0 Am a to % FY AC C C R 9d a ti m dI X M W W A V u H o n g Nam*
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„ Hi Steve-
ca >a
I spoke to the buyers of the Old Pig Stand. At this point,they are not positive they
will be able to save the building. They want to, but if it is in the way,they will have
to remove it. They are just not sure yet.
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1515 -1595 Calder
The Old Pig Stand
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Close this Curb Cut �
Close'this Curb Cut
Proposed Curb Cut al
MLK Storm Drain
_ j
ORDINANCE NO.
ENTITLED AN ORDINANCE VACATING AND ABANDONING
A TWENTY FOOT (20') ALLEY IN BLOCK 11, CALDER
ADDITION, AT CALDER AVENUE AND M. L. KING
PARKWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT a 20'x 300' alley in Block 11, Calder Addition, beginning at the east right-of-way line
of Gulf Street and ending at the west right-of-way line of Martin Luther King, Jr. Parkway,
City of Beaumont, Jefferson County, Texas, containing 0.137 acres, more or less, as
shown on Exhibit"A" attached hereto, be and the same is hereby vacated and abandoned
and that title to such property shall revert to and become the property of the persons
entitled thereto, as provided by law, subject to the retention of a twenty foot (20') wide
general utility easement.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
February, 2009.
- Mayor Becky Ames -
il - : Request to abandon the 20 foot alley in Block 11, Calder Addition.
Location: Calder Avenue at L. King Parkway
pplicant: Ronald J. Blount
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EXHIBIT "A"
3
February 3, 2009
Consider approving the purchase of a drum roller for use by the Streets and Drainage Division
RICH WITH OPPORTUNITY
i
1
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: February 3, 2009
REQUESTED ACTION: Council consider approving the purchase of a drum roller
for use by the Streets and Drainage Division.
RECOMMENDATION
The administration recommends approval of the purchase of a drum roller from ROMCO
Equipment Co., Houston, Texas in the amount of$104,128.
BACKGROUND
Pricing for this drum roller is obtained through the Houston-Galveston Area Council (H-GAC)
Cooperative Purchasing Program. H-GAC is a cooperative purchasing association providing cities
and political subdivisions with the means to purchase specialized equipment at volume pricing. H-
GAC complies with the State of Texas procurement statutes.
The drum roller will be used by Streets and Drainage for road base and asphalt compaction. This
drum roller is replacing unit 4301, a 1989 Ingersoll roller with 2500 hours of service. Unit 4301
will be disposed of according to the City's surplus equipment disposal policy.
The basic warranty provided is one(1)year, with unlimited hours. ROMCO Equipment Co. is
the authorized service dealer. Delivery is expected in thirty(30)to sixty(60) days.
BUDGETARY IMPACT
Funds are budgeted in the Capital Reserve Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to approve the purchase of a
drum roller from ROMCO Equipment Co. of Houston, Texas, in the amount of $104,128
through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program
for use by the Streets and Drainage Division.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
February, 2009.
- Mayor Becky Ames -
4
February 3, 2009
Consider authorizing the acquisition of property for public use at 320-330 College Street and
890-892 Pearl Street
RICH WITH OPPORTUNITY
[IEA,111�10111
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
'(to
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: February 3, 2009
REQUESTED ACTION: Council consider a resolution authorizing the acquisition
of property for public use.
RECOMMENDATION
The Administration recommends authorization to acquire the property at 320-330 College
Street and 890-892 Pearl Street.
BACKGROUND
Trustees for the J. B. Langham Estate, owner of the property listed below, have agreed to
convey their property to the City:
Lots 172, 173 and 174, Block 38 in the Beaumont Townsite
(320-330 College Street and 890-892 Pearl Street)
Value: $100,000.00
Acquisition of the above property is for the purpose of locating, constructing, and the
maintaining of a public parking facility in the City of Beaumont.
BUDGETARY IMPACT
Funds are available in the Capital Program.
\englangham2-ib
27 January 2009
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EXHIBIT "A"
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the acquisition of property
described below for the purpose of locating, constructing and maintaining a public parking
facility:
Lots 172, 173 and 174, Block 38 in the Beaumont Townsite
(320-330 College Street and 890-892 Pearl Street)
Value: $100,000.00
Owner: J. B. Langham Estate
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the purchase of the above described property be, and the same is hereby,
approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
February, 2009.
- Mayor Becky Ames -
5
February 3, 2009
Consider approving the creation of the Smith Road Water Control and Improvement District
RICH WITH OPPORTUNITY
11EM ► �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kyle Hayes, City Manager
MEETING DATE: February 3, 2009
REQUESTED ACTION: Consider a resolution consenting to the creation of the
Smith Road Water Control and Improvement District.
RECOMMENDATION
Administration recommends approval of a resolution consenting to the creation of the Smith
Road Water Control and Improvement District.
BACKGROUND
Mr. Louis Tsakiris is interested in securing authority to develop a utility district that could
provide water, sewer, drainage and other amenities that he could not secure from other local
government units and be able to finance those improvements with tax-exempt bonds. Mr.
Tsakiris has been advised that the most reasonable course of action would be to file a bill with
the Texas Legislature requesting the creation of a Water Control & Improvement District and to
obtain the consents of the West Jefferson Municipal Water District, the City of Beaumont and
Jefferson County. Several meetings have been scheduled and attended between Mr. Tsakiris, the
City, the County and the Water District. Mr. Tsakiris has secured preliminary approval from
West Jefferson Municipal Water District subject to the completion of a service agreement as
West Jefferson has water service available at this site, and Mr. Tsakiris plans on acquiring his
water service from West Jefferson Water District. Mr. Tsakiris is simply asking for the consent
of the City for the creation of a water control and improvement district within the extra-territorial
jurisdiction of the City of Beaumont.
If given the authority through the legislature to create the District, the District would not become
effective until on or about September 1, 2009, and it is unlikely that a confirmation election for
creation of the District or issuance of any debt would occur prior to 2010 or thereafter, depending
on development opportunities for the site.
Mr. Tsakiris intends to continue to collaborate with the Water District and the City to determine
if there are reasonable alternatives for the provision of wastewater service as such may be needed
in the future as opposed to developing his own onsite sewer system improvements.
RESOLUTION OF CONSENT TO THE CREATION OF THE
SMITH ROAD WATER CONTROL& IMPROVEMENT DISTRICT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, Beaumont I-10 Partners, LP, owner of that approximately 504 acre tract in
Jefferson County, Texas more fully described on Exhibit "A"to this Resolution (the "Property") plans to
develop the Property and to install water, sewer and other utility infrastructure and site improvements;
WHEREAS, in order to provide water, sewer and other critical site infrastructure for the
Property, a water control and improvement district has been proposed for creation;
WHEREAS, legislation shall be filed in the 81" Regular Session of the Texas Legislature for
creation of the Smith Road Water Control & Improvement District (the "District") which District's
boundaries shall be co-existent with the boundaries of the Property;
WHEREAS,the District shall be proposed for creation in accordance with Chapters 49 and 51 of
the Texas Water Code as a water control and improvement district;
WHEREAS, the District will secure its water supply from the West Jefferson County Municipal
Water District, but may provide other utility services and critical infrastructure throughout the District
and may finance such infrastructure and improvements with the issuance of tax-exempt bonds;
WHEREAS, the owner of the Property has received the consent of West Jefferson County
Municipal Water District to the proposed creation of the District;
WHEREAS, the City of Beaumont, Texas has received of the request for creation of the District
as the Property and the proposed District lie within the extraterritorial jurisdiction of the City of
Beaumont, Texas;
WHEREAS, the owner of the Property shall separately request consent to the creation of the
District from Jefferson County, Texas;
WHEREAS, the City Council of the City of Beaumont, Texas has been provided a copy of
proposed legislation for the creation of the District and finds that the creation of the District is feasible
and practical and will be of benefit to proposed residents, private businesses and others within the
boundaries of the District and will not impede with the services of the City of Beaumont, Texas.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Beaumont,
Texas:
1) In accordance with 31 Texas Administrative Code, §293, a request for creation of the
Smith Road Water Control & Improvement District (the "District") by Beaumont I-10 Partners, LP,
owner of the Property, has been received by the City.
2) The City of Beaumont, Texas finds that creation of the District will not be adverse to its
utility operations and will provide benefit to future residences, businesses and others within the
boundaries of the proposed District.
3) The City of Beaumont, Texas finds that the boundaries of the District include areas that
are within the extraterritorial jurisdiction of the City of Beaumont, Texas, but do not conflict with the best
interest of the City of Beaumont, Texas and would allow for the provision of utility services within the
Property.
4) The City of Beaumont, Texas hereby consents to the creation of the District within the
Property as more fully described on Exhibit"A"to this Resolution which is included and made a part hereof
for all purposes.
5) A copy of this Resolution may be submitted to the West Jefferson County Municipal Water
District, the Commissioners' Court of Jefferson County, Texas, the Texas Commission on Environmental
Quality(the"TCEQ"),the Texas Legislative Council and members of the 81"Texas Legislature.
PASSED AND APPROVED,this the 3rd day of February, 2009.
City of Beaumont,Texas
Mayor Becky Ames
ATTEST:
City Secretary
(Seal)
#668729 Page 2
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EXHIBIT "A"
4. LEGAL DESCRIPTION OF LAND:
Tract I:
BEING a 21.104 acre tract of land,being out of and a part of that certain Louisiana Gas Develop-
ment Corporation called 21.100 acre tract of land more fully described and recorded in Clerk File
No.2005028881 of the Official Public Records of Jefferson County,Texas.Said 21.104 acre tract
being out of the T. &N. O.R.R.Co.Survey,Abstract No.261, of said County and State,and is
more particularly described as follows:
BEGINNING at a Concrete Monument found for the Easterly corner of said Louisiana Gas
Development Corporation called 21.100 acre tract of land, same being the intersection of the
Southwesterly right of way line of Smith Road a public right of way and the Northwesterly right of
way line of Interstate Highway No. 10 a public right of way,
THENCE South 41 Do- 37 Min.00 Sec.West(Reference Bearing)along and with the Southeasterly
line of said Louisiana Gas Development Corporation called 21.100 acre tract, same being the
Northwesterly right of way line of said Interstate Highway No. 10,a distance of 1000.09 feet to u
518-inch iron rod marked "Leap Eng." set for the Southerly corner of said Louisiana Gas
Development Corporation called 21.100 acre tract, same being an East corner- of that certain
Louisiana Gas Development called residueof 501.76 acre tract of land,more fully described in Clerk
Pile No.2005028881 of the Official Public Records of said county and state;
THENCE North 50 Deg;. 10 Min, 20 Sec. West along and with the Southwesterly line of said
Louisiana Gas Development Corporation called 21.100 acre tract,same being a Northeasterly line
of said Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance of
850.40 feet to a I-inch iron rod found for the Westerly corner of said Louisiana Gas Development
Corporation called 21..100 acre tract,same being an ell corner of said Louisiana Gas Development
Corporation called residue of 501.76 acre tract;
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THENCE North 41 Deg_ 37 Min. 45 Sec. East along and with the Northwesterly line of said
Louisiana Gas Development Corporation called 21,100 acre tract,same being aSoutheast line of said
Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance of 1130.75
feet to a 1-inch iron rod Found for the Northerly corner of said Louisiana Gas Development
Corporation called 21.100 acre tract, same being the most Northwesterly East comer of said
Louisiana Gas Development Corporation called residue of 501.76 acre tract, same being in the
Southwesterly right of way line of said Smith Road;
THENCE South 50 Deg. 12 Min. 03 Sec. East along and with the Northeasterly line of said
Louisiana Gas Development Corporation called 21.100 acre tract, same being the Southwesterly
right of way of Smith Road,a distance of 211.13 feet to a concrete monument found for an angle
point of said Louisiana Gas Development Corporation called 21.100 acre tract;
THENCE South 38 Deg. 32 Min. 29 Sec. East along and with the Northeasterly line of said
Louisiana Gas Development Corporation said 21.100 acre tract,same being the Southwesterly right
of way line of said Smith Road, a distance of 648.25 feet to the PLACE OF BEGINNING,
containing 2I.104 acres of land,more or less.
Tract 11:
BEING a 51.418 acre tract of land,being out of and a part of that certain Louisiana Gas Develop-
ment Corporation called 231.743 acre tract of land more fully described and recorded in Clerk File
No.2005028$81 of the Official Public Records of Jefferson County,Texas.Said 51.418 acre tract
being out of the H.T_&N.0.R.R.Co.Survey,AbstractNo. 143,of said County and State,and is
more particularly described as follows:
BEGINNING at a 1-inch iron rod found for the Southerly corner ofsaid Louisiana Gas Development
Corporation called 231.743 acre tract, same being in the Northwesterly right of way line of said
Interstate Highway No_10,same being the Southeasterly corner of thatcertain Sherholders LPcalled
408.233 acre tract of land more fully described in Clerk File No.2003026036 of the Official Public
Records of said County and State, same being the Southerly comer of said Louisiana Gas
Development Corporation called residue of 501.76 acre tract;
THENCE North 20 Deg.41 Min.25 See.East along and with the Westerly line of said Louisiana
Gas Development Corporation called 231.743 acre tract, same being the Easterly line of said
Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance of 2335.19
feet to a 1-inch iron rod found for an angle point in the Westerly line of said Louisiana Gas
Development Corporation called 231.743 acre tract;
THENCE South 50 Deg.10 Min. 15 Sec.East along and with a Northeasterly line of said Louisiana
Gas Development Corporation called 231.743 acre tract,same being a Southwesterly line of said
Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance of 174.42 feet
to a 1-inch iron rod found for an ell corner of said Louisiana Gas Development Corporation called
231.743 acre tract;
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THENCE North 41 Deg,37 Min.05 Sec.East continuing along and with the Westerly line of said
Louisiana Gas Development Corporation called 231.743 acre tract,same being the Easterly line of
said Louisiana Gas Development Corporation called residue of 501.76 acre tract, a distance of
1999.86 feet to a 5/8-inch iton rod marked"Leap Eng." set for the Northerly corner of the herein
described 51.418 acne tract,same being the Southerly comer of a 180.238 acre tract of land called
tract III surveyed on the same date as the herein described;
THENCE South 50 Deg. 10 Min. 20 Sec. East along and with the Northeasterly line of said
Louisiana Gas Development Corporation called 231.743 acre tract,same being the Southwesterly
line of said Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance
of 660.00 feet to a 1-inch iron rod found for the Easterly cornerof said Louisiana Gas Development
Corporation called 231.743 acre tract, same being in the Northwesterly right of way line of said
Interstate Highway No, 10;
THENCE South 41 Deg. 37 Min, 00 Sec. West along and with the Southeasterly line of said
Louisiana Gas Development Corporation called 231.743 acre tract,same being dye Northwesterly
right of way line of said Interstate Highway No. 10,a distance of 4207.07 feet to the PLACE OF
BEGINNTNG,containing 51.418 acres of land,more or less.
Tract III:
BEING a 180.238 acre tract of land, being out of and a part of that certain Louisiana Gas
Development Corporation called 231.743 acre tract of land more fully described and recorded in
Clerk bite No.2005028881 of the Official Public Records of Jefferson County,Texas.Said 180.238
acre tract being out of the H_T. &N.0.R.R.Co.Survey,Abstract No. 143,T.&N.O.R.R.Co.
Survey,Abstract No.260,T_&N.O.R.R.Co.Survey,Abstract No.261,George W.Kidd Survey,
Abstract No.795,George W. Kidd Survey,Abstract No.737,and S.D.Decordova Survey,Abstract
No.851 of said County and State,and is more particularly described as follows:
BEGINNING at a 1-inch iron rod found for a Easterly corner of said Louisiana Gars Development
Corporation called 231.743 acre tract, same being in the Southwesterly right of way line of said
Smith Road,samebeing in the Northerly line of said Louisiana Gas Development Corporation called
residue of 501.76 acre tract;
THENCE South 41 Deg.38 Min.21 Sec.West along and with a Southeasterly line ofsaid Louisiana
Gas Development Corporation called 231.743 acre tract, same being a Northeasterly line of said
Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance of 2130.59
feet to a 1-inch iron rod found for an ell corner of said Louisiana Gas Development Corporation
called 231.743 acre tract;
THENCE South 5D Deg. 19 Min. 12 Sec.East along and with a Northeasterly line of said Louisiana
Gas Development Corporation called 231.743 acre tract,same being a Southwesterly line of said
Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance of 1150.80
feet to a 5/8-inch iron rod marked "Leap Eng."set for a PC of a non tangent curve to the right;
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THENCE along and with the curve to the right an arc distance of 272.42 feet with a radius of 363.39
feet with a chord bearing of South 20 Deg.10 Min.36 Sec.West a chord distance of 266.09 feet to
a 1-inch iron rod found for an angle point of said Louisiana Gas Development Corporation called
231.743 acre tract;
THENCE South 41 Deg,37 Min,05 Sec.West along and with a Southeasterly line of said Louisiana
Gas Development Corporation called 231.743 acre tract,same being a Northwesterly line of said
Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance of 1751.90
feet to a 518-inch iron rod marked"Leap Eng."set for the Southerly corner of the herein described
180.238 acre tract, same being the Northerly corner of a 51.418 acre tract of land called Tract 11
surveyed on the same day as the herein described tract of land;
THENCE North 50 Deg. 10 Min,20 Sec.West along and with a Southwesterly line of said Louisiana
Gas Development Corporation called 231.743 acre tract,same being a Northeasterly line of said
Louisiana Gas Development Corporation called residue of 501.76 acre tract,adistance of 644.41 feet
to a I-inch iron rod found for an ell corner of said Louisiana Gas Development Corporation called
231.743 acre tract;
THENCE South 41 Deg,35 Min.30 Sec-West along and with a Southeasterly line of said Louisiana
Gas Development Corporation called 231.743 acre tract, same being a Northwesterly line of said
Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance of 239.63 feet
to a 5/8-inch iron rod marked"Leap Eng."set foran angle point forsaid Louisiana Gas Development
Corporation called 231.743 acre tract;
THENCE South 89 Deg.57 Min.09 Sec.West along and with aSoutherly line of said Louisiana Gas
Development Corporation called 231.743 acre tract,same being a Northerly line of said Louisiana
Gas Development Corporation called residue of 501.76 acre tract, a distance of 1077.96 feet to a
518-inch iron rod marked "Leap Eng." set for an all corner of said Louisiana Gaff Development
Corporation called 231.743 acre tract;
THENCE South OD Deg. 15 Min.31 Sec.East along and with a Easterly line of said Louisiana Gas
Development Corporation called 231.743 acre tract,same being a Westerly line of said Louisiana
Gas Development Corporation called residue of 501.76 acre tract,a distance of 1074.17 feet to a
1-inch iron rod found for an ell corner of said Louisiana Gas Development Corporation called
231.743 acre tract;
THENCE South 89 Deg.37 Min_40 Sec.West along and with a Southerly line of said Louisiana Gas
Development Corporation called 231.743 acre tract,same being a Northerly line of said Louisiana
Gas Development Corporation called residue of 501.76 acre tract, a distance of 571.97 feet to a
5/8-inch iron rod marked "Leap Eng." set for a Southwesterly corner of said Louisiana Gas
Development Corporation called 231.743 acre tract, same being a Northwesterly corner of said
Louisiana Gas Development Corporation called residue of 501.76 acre tract, same being in the
Easterly line of said Sherholders LP called 408.233 acre tract;
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THENCE North 00 Deg,14 Min.54 Sec.West along and with a Westerly line of said Louisiana Gas
Development Corporation called 231.743 acre tract,same being the Easterly line of said Sherholders
LP called 408.233 acre tract,a distance of 1076.90 feet to a 1-inch iron rod found for an ell corner
of said Louisiana Gas Development Corporation called 231,743 acre tract,same being the Easterly
corner of said Sherholders LP called 408.233 acre tract;
THENCE South 89 Deg.5S Min.03 Sec.West along and with aSoutherlyline of said Louisiana Gas
Development Corporation called 231.743 acre tract, same being the Northerly line of said
Sherholders LP called 408.233 acre tract, a distance of 2083.92 feet to a point for corner marking
a Southwesterly corner of said Louisiana Gas Development Corporation called 231.743 acre tract,
same being the Northwesterly corner of said Sherholders LP called 408.233 acre tract,same being
in the Easterly line of that certain Sherholders LP called 126.010 acre tract of land more fully
described in Clerks File No. 2003026036 of the Official Public Records of said County and State;
THENCE North 00 Dc-..14 Min,37 Sec.West along and with a Westerly line of said Louisiana Gas
Development Corporation called 231.743 acre tract,same being the Easterly line of said Sherholders
LP called 126.010 acre tract,a distance of 535.85 feet to a 5/8-inch iron rod marked"Leap Eng."set
for a Northwesterly corner ofsaid Louisiana Gas Development Corporation called 231.743 acre tract,
same being a Southwesterly corner of said Louisiana Gas Development Corporation called residue
of 501.76 acre tract;
THENCE North 89 Deg,41 Min,36 Sec.East along and with a Northerly line of said Louisiana Gas
Development Corporation called 231.743 acre tract,same being the Southerly line of said Louisiana
Gas Development Corporation called residue of 501.76 acre tract, a distance of 3114.90 feet to a
1-inch iron rod found for an angle point of said Louisiana Gas Development Corporation called
231.743 acre tract;
THENCE North 41 Deg.36 Min.48 Sec.East along and with a Northwesterly line of said Louisiana
Gas Development Corporation called 231.743 acre tract, same being a Southeasterly line of said
Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance of 2215.26
feet to a 1-inch iron rod found for-an ell corner of said Louisiana Gas Development Corporation
called 231.743 acre tract;
THENCE North 50 Deg.10Min. 15 Sec.West along and with a Southwesterly line of said Louisiana
Gas Development Corporation called 231.745 acre tract,same being a Northeasterly line of said
Louisiana Gas Development Corporation called residue of 501.76 acre tract,a distance of 829.98 feet
to a 1-inch iron rod found a Westerly corner of said Louisiana Gas Development Corporation called
231.343 acre tract,same being a Northerly corner of said Louisiana Gas Development Corporation
called residue of 501.76 acre tract, same being in the Southeasterly line of that certain D & R
Properties called 150.08 acre tract of land more fully described in Clerk File No.2005027161 of the
Official Public Records of said County and State;
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THENCE North 41 Deg.36 Min,48 Sec.East along and with a Northwesterly line of said Louisiana
Gas Development Corporation called 231.743 acre tract,same being the Southeasterly line of said
D &R Properties called 150.08 acre tract and Treasure Cove a subdivision to Jefferson County,
Texas, recorded in Clerk File No. 2006024719 of the Map Records of said County and State,a
distance of 2129.83 feet to a 518-inch iron rod marked"Leap Eng."set for a Northerly corner of said
Louisiana Gas Development Corporation called 231.743 acre tract,same being the Easterly corner
of said D&R Properties called 150.80 acre tract,same being in the Southwesterly tight of way line
of said Smith Road;
THENCE South 50 Deg- 12 Min.03 Sec,East along and with a Northeasterly line of said Louisiana
Gas Development Corporation called 231.743 acre tract,same being the Southwesterly right of way
line of said Smith Road, a distance of 1057.06 feet to the PLACE OF BEGINNING, containing
180.238 acres of land,more or less.
NOTE: THE COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE OR
SQUARE FOOTAGE CALCULATIONS ARE CORRECT.
X&AER/NS
Attachment"B"
February 1, 2008
Surveyor's Field Note Description: 251.685 Acres
Tract I:
BEING a 101.623 acre tract of land, being out of and a part of that certain Louisiana
Gas Development Corporation called 248.917 acre tract of land more fully described
and recorded in Clerk File No. 2005028881 of the Official Public Records of Jefferson
County, Texas. Said 101.623 acre tract being out of the T. & N. 0. R. R. Co. Survey,
Abstract No. 261, George W. Kidd Survey, Abstract No. 761, George W. Kidd Survey,
Abstract No. 795, George W. Kidd Survey, Abstract No. 737, and the S.D. Decordova
Survey, Abstract No. 851, of said County and State, and is more particularly described
as follows:
BEGINNING at a 5/8-inch iron rod marked "Leap Eng." set for an Easterly corner of said
Louisiana Gas Development Corporation called 248.917 acre tract, same being the
Southerly corner of that certain Louisiana Gas Development Corporation called 21.100
acre tract of land more fully described in Clerk File No. 2005028881 of the Official
Public Records of said County and State, same being in the Northwesterly right of way
line if Interstate Highway No. 10 a public right of way;
THENCE South 41 Deg. 37 Min. 00 Sec. West (Reference Bearing) along and with
the Southeasterly line of said Louisiana Gas Development Corporation called 248.917
acre tract, same being the Northwesterly right of way line of said Interstate Highway No.
10, a distance of 2999.99 feet to a 1-inch iron rod found for the Southerly corner of said
Louisiana Gas Development Corporation called 248.917 acre tract, same being an
Easterly corner of that certain Louisiana Gas Development Corporation called 231.743
acre tract of land more fully described in Clerk File No. 2005028881 of the Official
Public Records of said County and State;
THENCE North 50 Deg. 10 Min. 20 Sec.West along and with the Southwesterly line of
said Louisiana Gas Development Corporation called 248.917 acre tract, same being a
Northeasterly line of said Louisiana Gas Development Corporation called 231.743 acre
tract, a distance of 660.00 feet to a 5/8-inch iron rod marked "Leap Eng." set for a
Westerly corner of the herein described 101.623 acre tract, same being an Easterly
corner of a 72.960 acre tract of land called tract II surveyed on the same date as the
herein described;
THENCE North 41 Deg. 37 Min. 05 Sec. East along and with a Northwesterly line of
said Louisiana Gas Development Corporation called 248.917 acre tract, same being a
southeasterly line of said Louisiana Gas Development Corporation called 231.743 acre
tract, a distance of 1751.90 feet to a 1-inch iron rod found for the PC of a non tangent
curve to the left;
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LEAP Emgimeerimg LLC 550 Famnin SR Smite 510,Beamnoar,TX 77701 Tel:(409)813-1862 Far(409)813-1916
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THENCE along and with the curve to the left an arc distance of 272.42 feet with a radius
of 363.39 feet with a chord bearing of North 20 Deg. 10 Min. 36 Sec. East with a chord
distance of 266.09 feet to a 518-inch iron rod marked "Leap Eng." set for an angle point
of said Louisiana Gas Development Corporation called 248.917 acre tract;
THENCE North 50 Deg. 19 Min. 12 Sec. West along and with a Southwesterly line of
said Louisiana Gas Development Corporation called 248.917 acre tract, same being a
Northeasterly line of said Louisiana Gas Development Corporation called 231.743 acre
tract, a distance of 1150.80 feet to a 1-inch iron rod found for an ell corner of said
Louisiana Gas Development Corporation called 248.917 acre tract;
THENCE North 41 Deg. 36 Min. 48 Sec. East along and with a Northwesterly line of
said Louisiana Gas Development Corporation called 248.917 acre tract, same being a
Southeasterly line of said Louisiana Gas Development Corporation called 231.743 acre
tract, a distance of 2130.59 feet to a 1-inch iron rod found for the Northerly comer of a
said Louisiana Gas Development Corporation called 248.917 acre tract, same being an
Easterly corner of said Louisiana Gas Development Corporation called 231.743 acre
tract, same being in the Southwesterly right of way of Smith Road a public right of way;
THENCE South 50 Deg. 12 Min. 03 Sec. East along and with a Northeasterly line of
said Louisiana Gas Development Corporation called 248.917 acre tract, same being in
the Southwesterly right of way line of said Smith Road, a distance of 1056.98 feet to a
1-inch iron rod found for an Easterly comer of said Louisiana Gas Development
Corporation called 248.917 acre tract same being the Northerly corner of said Louisiana
Gas Development Corporation called 21.100 acre tract;
THENCE South 41 Deg. 37 Min. 45 Sec. West along and with a Southeasterly line of
said Louisiana Gas Development Corporation called 248.917 acre tract same being the
Northwesterly line of said Louisiana Gas Development Corporation called 21.100 acre
tract, a distance of 1130.75 feet to a 1-inch iron rod found for an ell corner of said
Louisiana Gas Development Corporation called 248.917 acre tract, same being the
Westerly comer of said Louisiana Gas Development Corporation called 21.100 acre
tract;
THENCE South 50 Deg. 10 Min. 20 Sec. East along and with a Northeasterly line of
said Louisiana Gas Development Corporation called 248.917 acre tract, same being the
Southwesterly line of said Louisiana Gas Development Corporation called 21.100 acre
tract, a distance of 850.40 feet to the PLACE OF BEGINNING, containing 101.623 acre
of land, more or less.
Tract Il
BEING a 72.960 acre tract of land, being out of and a part of that certain Louisiana Gas
Development Corporation called 248.917 acre tract of land more fully described and
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110 Smith Legal.max
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recorded in Clerk File No. 2005028881 of the Official Public Records of Jefferson
County, Texas. Said 72.960 acre tract being out of the H. T. & N. O. R. R. Co. Survey,
Abstract No. 143, of said County and State, and is more particularly described as
follows:
BEGINNING at a 1-inch iron rod found for the Southerly corner of said Louisiana Gas
Development Corporation called 248.917 acre tract, same being the Southerly corner of
said Louisiana Gas Development Corporation called 231.743 acre tract, same being in
the Northwesterly right of way line of said Interstate Highway No. 10, same being an
easterly corner of that certain Sherholders LP called 408.233 acre tract of land more
fully described in Clerk File No. 2003026036 of the Official Public Records of said
County and State;
THENCE North 00 Deg. 14 Min, 54 Sec. West along and with a Westerly line of said
Louisiana Gas Development Corporation called 248.917 acre tract, same being a
Easterly line of said Sherholders LP called 408.233 acre tract, a distance of 2722.72
feet to a 5/8-inch iron rod marked "Leap Eng." set for a Westerly corner of said
Louisiana Gas Development Corporation called 248.917 acre tract, same being a
Southwesterly corner of said Louisiana Gas Development Corporation called 231.743
acre tract;
THENCE North 89 Deg. 37 Min. 40 Sec. East along and with a Northerly line of said
Louisiana Gas Development Corporation called 248.917 acre tract, same being a
Southerly line of said Louisiana Gas Development Corporation called 231.743 acre
tract, a distance of 571.97 feet to a 1-inch iron rod found for an ell corner of said
Louisiana Gas Development Corporation called 248.917 acre tract;
THENCE North 00 Deg, 15 Min. 31 Sec. West along and with a Westerly line of said
Louisiana Gas Development Corporation called 248.917 acre tract, same being an
Easterly line of said Louisiana Gas Development Corporation called 231.743 acre tract,
a distance of 1074.17 feet to a 518-inch iron rod marked "Leap Eng." set for an ell
corner of said Louisiana Gas Development Corporation called 248.917 acre tract;
THENCE North 89 Deg. 57 Min, 09 Sec. East along and with a Northerly line of said
Louisiana Gas Development Corporation called 248.917 acre tract, same being a
Southerly line of said Louisiana Gas Development Corporation called 231.743 acre
tract, a distance of 1077.16 feet to a 5/8-inch iron rod marked "Leap Eng." set for an
angle point in said Louisiana Gas Development Corporation called 248.917 acre tract;
THENCE North 41 Deg. 35 Min. 30 Sec. East along and with a Northwesterly line of
said Louisiana Gas Development Corporation called 248.917 acre tract, same being a
Southeasterly line of said Louisiana Gas Development Corporation called 231.743 acre
tract, a distance of 239.63 feet to a 1-inch iron rod found for an ell corner of said
Louisiana Gas Development Corporation called 248.917 acre tract;
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LEAP Enghwerbrg LLC 350 Fannin St,Shire 510,Bearrmoat,T.Y 77701 Tel.(409)813-1862 Fax.(409)813-1916
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&&9AE
THENCE South 50 Deg. 10 Min. 20 Sec. East along and with a Northeasterly line of
said Louisiana Gas Development Corporation called 248.917 acre tract same being a
Southwesterly line of said Louisiana Gas Development Corporation called 231.743 acre
tract, a distance of 644.41 feet to a 518-inch iron rod marked "Leap Eng." set for an
Easterly corner of the herein described 72.960 acre tract, same being a Westerly corner
of a 101.623 acre tract of land called Tract I surveyed on the same date as the herein
described;
THENCE South 41 Deg. 37 Min. 05 Sec. West along and with a Southeasterly line of
said Louisiana Gas Development Corporation called 248.917 acre tract, same being a
Northwesterly line of said Louisiana Gas Development Corporation called 231.743 acre
tract, a distance of 1999.86 feet to a 1-inch iron rod found for an ell corner of said
Louisiana Gas Development Corporation called 248.917 acre tract;
THENCE North 50 Deg. 10 Min. 15 Sec. West along and with a Southwesterly line of
said Louisiana Gas Development Corporation called 248.917 acre tract, same being a
Northeasterly line of said Louisiana Gas Development Corporation called 231.743 acre
tract, a distance of 174.42 feet to a 1-inch iron rod found for and angle point in said
Louisiana Gas Development Corporation called 248.917 acre tract;
THENCE South 20 Deg. 41 Min. 25 Sec. West along and with an Easterly line of said
Louisiana Gas Development Corporation called 248.917 acre tract, same being a
Westerly line of said Louisiana Gas Development Corporation called 231.743 acre tract,
a distance of 2335.19 feet to the PLACE OF BEGINNING, containing 72.960 acres of
land, more or less.
Tract III
BEING a 77.049 acre tract of land, being out of and a part of that certain Louisiana Gas
Development Corporation called 248.917 acre tract of land more fully described and
recorded in Clerk File No. 2005028881 of the Official Public Records of Jefferson
County, Texas. Said 77.049 acre tract being out of the T. & N. 0. R. R. Co. Survey,
Abstract No. 260, George W. Kidd Survey, Abstract No. 795, George W. Kidd Survey,
Abstract No. 737, and the S.D. Decordova Survey, Abstract No. 851, of said County and
State, and is more particularly described as follows:
BEGINNING at a 1-inch iron rod found for Northerly corner of said Louisiana Gas
Development Corporation called 248.917 acre tract, same being in the Southeasterly
line of that certain D & R Properties called 150.80 acre tract of land more fully described
in Clerk File No. 2005027161 of the Official Public Records of said County and State,
same being a Westerly comer of said Louisiana Gas Development Corporation called
231.743 acre tract;
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LEAP Digineering LLC 550 Fannin St,Santa 510,Beaumont,T%77701 Tel,(409)813-1862 Fax:(409)813-1916
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&&94EE
THENCE South 50 Deg. 10 Min. 15 Sec.East along and with a Northeasterly line of
said Louisiana Gas Development Corporation called 248.917 acre tract, same being a
Southwesterly line of said Louisiana Gas Development Corporation called 231.743 acre
tract, a distance of 829.98 feet to a 1-inch iron rod found for an ell corner of said
Louisiana Gas Development Corporation called 248.917 acre tract;
THENCE South 41 Deg. 36 Min. 48 Sec. West along and with a Southeasterly line of
said Louisiana Gas Development Corporation called 248.917 acre tract, same being a
Northeasterly line of said Louisiana Gas Development Corporation called 231.743 acre
tract, a distance of 2215.29 feet to a 1-inch iron rod found for an ell comer in said
Louisiana Gas Development Corporation called 248.917 acre tract;
THENCE South 89 Deg. 41 Min. 36 Sec. West along and with a Southerly line of said
Louisiana Gas Development Corporation called 248.917 acre tract, same being a
Northerly line of said Louisiana Gas Development Corporation called 3114.90 feet to a
518-inch iron rod marked "Leap Eng." set for a Southwesterly comer of said Louisiana
Gas Development Corporation called 248.917 acre tract, same being a Northwesterly
corner of said Louisiana Gas Development Corporation called 231.743 acre tract, same
being in a Easterly line of that certain Sherholders LP called 126.010 acre tract of land
more fully described in Clerk File No. 2003026036 of the Official Public Records of said
County and State;
THENCE North 00 Deg. 14 Min. 37 Sec. West along and with a Westerly line of said
Louisiana Gas Development Corporation called 248.917 acre tract, same being a
Easterly line of said Sherholders LP called 126.010 acre tract, a distance of 551.55 feet
to a 518-inch iron rod marked "Leap Eng." set for a Northwesterly corner of said
Louisiana Gas Development Corporation called 248.917 acre tract, same being a
Southwesterly corner of that certain Will Crenshaw called 207.49 acre tract of land more
fully described in Clerk File No. 2006021640 of the Official Public Records of said
County and State;
THENCE South 89 Deg. 59 Min. 38 Sec. East along and with a Northerly line of said
Louisiana Gas Development Corporation called 248.917 acre tract, same being a
Southerly line of said Will Crenshaw called 207.49 acre tract and that certain Louisiana
Gas Development Corporation called 11.449 acre tract of land more fully described in
Clerk File No. 2000015005 of the Official Public Records of said County and State, a
distance of 2480.80 feet to a 518-inch iron rod marked "Leap Eng." set for an angle point
in said Louisiana Gas Development Corporation called 248.917 acre tract;
THENCE North 41 Deg. 36 Min. 48 Sec. East along and with a Northwesterly line of
said Louisiana Gas Development Corporation called 248.917 acre tract, same being a
Southeasterly line of said Louisiana Gas Development Corporation called 11.449 acre
tract and said D & R Properties called 150.80 acre tract, a distance of 2213.74 feet to
the PLACE OF BEGINNING, containing 77.049 acres of land, more or less.
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NUME
Tract IV
BEING a 11.435 acre tract of land consisting of that certain Louisiana Gas Development
Corporation called 11.449 acre tract of land more fully described in Clerk File No.
2000015005 of the Official Public Records of Jefferson County, Texas. Said 11.435
acre tract being out of the T. & N. O. R. R. Co. Survey, Abstract No. 260 and the
George W. Kidd Survey, Abstract No. 737 of said County and State, and is more
particularly described as follows:
BEGINNING at a 5/8-inch iron rod marked "Leap Eng." set for the Northwest corner of
said Louisiana Gas Development Corporation called 11.449 acre tract, same being a
Southerly corner of said Will Crenshaw called 207.49 acre tract, same being in the
centerline of that certain 125 foot wide Drainage Easement more fully described in Film
Coded No. 102-77-1073 of the Official Public Records of said County and State;
THENCE North 89 Deg. 36 Min. 28 Sec. East along and with the Northerly line of said
Louisiana Gas Development Corporation called 11.449 acre tract, same being a
Southerly line of said Will Crenshaw called 207.49 acre tract, a distance of 940.86 feet
to a 1/2-inch iron rod found for the Northeast corner of said Louisiana Gas Development
Corporation called 11.449 acre tract, same being a Southerly Corner of said Will
Crenshaw called 207.49 acre tract;
THENCE South 00 Deg. 19 Min. 45 Sec. East along and with the Easterly line of said
Louisiana Gas Development Corporation called 11.449 acre tract, same being a
Westerly line of said Will Crenshaw called 207.49 acre tract, a distance of 487.58 feet
to a 1/2-inch iron rod found for the Southeast Corner of said Louisiana Gas
Development Corporation called 11.449 acre tract, same being an interior corner of said
Will Crenshaw called 207.49 acre tract, same being in a Northerly line of said Louisiana
Gas Development Corporation called 248.917 acre tract;
THENCE South 41 Deg. 36 Min. 48 Sec. West along and with a Southeasterly line of
said Louisiana Gas Development Corporation called 11.449 acre tract, same being a
Northerly line of said Louisiana Gas Development Corporation called 248.917 acre tract,
a distance of 273.14 feet to a 1/2-inch iron rod found for the most Southerly Southeast
corner of said Louisiana Gas Development Corporation called 11.449 acre tract, same
being an angle point of said Louisiana Gas Development Corporation called 248.917
acre tract,
THENCE North 89 Deg. 59 Sec. 38 Min. West along and with the Southerly line of said
Louisiana Gas Development Corporation called 11.449 acre tract, same being a
northerly line of said Louisiana Gas Development Corporation called 207.917 acre tract,
a distance of 426.05 feet to a 5/8-inch iron rod marked "Leap Eng." set for the
Southwest Corner of said Louisiana Gas Development Corporation called 11.449 acre
tract, same being in a Northerly line of said Louisiana Gas Development Corporation
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LEAP Engineering LLC 530 Fannin St,Sake 510,Beaeemant,TX 77701 Tel:(409)813-1862 Fax:(409)813-1916
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RE&VGtNPEIR/NG
called 207.917 acre tract, same being in the Centerline of said 125 foot wide Drainage
Easement;
THENCE in a Northerly direction along and with the Westerly line of said Louisiana Gas
Development Corporation called 11.449 acre tract, same being a Easterly line of said
Will Crenshaw called 207.49 acre tract same being the centerline of said 125 foot wide
Drainage Ditch the following courses and distances;
North 35 Deg. 41 Min. 44 Sec. West a distance of 45.19 feet to a point for
corner;
North 25 Deg. 16 Min. 34 Sec. West a distance of 172.86 feet to a point for
corner;
North 00 Deg. 19 Min. 34 Sec. West a distance of 133.04 feet to a point for
corner;
North 27 Deg. 08 Min. 27 Sec. West a distance of 215.90 feet to a point for
corner;
North 41 Deg. 50 Min. 08 Sec. West a distance of 162.93 feet to a point for
corner;
North 31 Deg. 44 Min. 51 Sec. West a distance of 53.37 feet to a point for
corner, to the PLACE OF BEGINNING, containing 11.435 acre tract of land, more or
less.
Notes:
1. All bearings noted herein of all tracts described are referenced to the
Northwesterly right of way line of Interstate Highway No. 10 being South 41 Deg,
37 Min. 00 Sec. West.
2. These descriptions are being submitted along and with a survey plat (attachment
"A") depicting the same tracts described herein.
Jeremy D. Russell
Registered Professional Land Surveyor No. 5808
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