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Home My WebLink AboutPACKET APR 07 2009 RICH WITH OPPORTUNITY BEA,UMON* T • E - X • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 7, 2009 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve a resolution to allow a substitution of collateral held at the Federal Reserve Bank B) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in the Summer Place Phase I Subdivision C) Authorize the acceptance of a water line easement to provide access for fire protection services at the new YMCA located at 9195 Dishman D) Authorize the acceptance of a water line easement to provide access for fire protection services at the Baymont Motel on Cardinal Drive E) Authorize the acceptance of a water fine easement to provide access for fire protection services to Hidden Lake RV Park, Phase H located on Highway 124 [Fannett Road] F) Authorize the acceptance of two utility easements to provide service to the new Summer Place Nursing Home located at 2485 S. Major Drive A RICH WITH OPPORTUNITY 1117EA� � 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: April 7, 2009 REQUESTED ACTION: Council consider a resolution to allow a substitution of collateral held at the Federal Reserve Bank. RECOMMENDATION Administration recommends approval of a resolution to allow Capital One Bank to release the following security as collateral for City accounts, which is held at the Federal Reserve Bank, effective March 26, 2009, and pledge an additional security to replace it. Cusip No. Description Face Value Market Value RELEASE: 3128HVZP7 FR MC 0.80%, Due 08/15/36 $515,000 $344,669.95 PLEDGE: 3128NJCL1 FNMA, 5.37%, Due 09/01/38 $400,000 $384,384.42 BACKGROUND The City of Beaumont maintained uncollected ledger balances at Capital One Bank in the amount of$3,841,677.84, on March 26, 2009. After pledging and releasing the above securities, the market value of pledged collateral totals $5,303,816.75, and along with FDIC coverage is sufficient to collateralize current deposits as well as any deposits anticipated in the near future. BUDGETARY IMPACT None. i RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the release by Capital One Bank of the following security which is held as collateral at the Federal Reserve Bank, effective March 26, 2009: Cusip No. Description Face Value Market Value RELEASE: 3128HVZP7 FR MC 0.80%, Due 08/15/36 $515,000 $344,669.95 BE IT FURTHER RESOLVED that the City Council hereby approves the pledge by Capital One Bank of the following security as collateral which will be held at the Federal Reserve Bank, effective March 26, 2009: Cusip No. Description Face Value Market Value PLEDGE: 3128NJCL1 FNMA, 5.37%, Due 09/01/38 $400,000 $384,384.42 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of April, 2009. - Mayor Becky Ames - B RICH WITH OPPORTUNITY T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager -(Ap, PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 7, 2009 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in the Summer Place Phase I Subdivision. RECOMMENDATION The administration recommends approval of the following: • Moore Drive from existing Major Drive (FM364) approximately 800 feet east to the 3-OM-4P end of roadway markers. Also, recommended for approval are the storm sewer, water and sanitary sewer improvements for the Summer Place Phase I Subdivision. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on February 25, 2009. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in the Summer Place Phase I Subdivision have been completed as follows: Street • Moore Drive from existing Major Drive (FM364) approximately 800 feet east to the 3-OM-4P end of roadway markers. Storm Sewer, Water and Sanitary Sewer Improvements • Summer Place Phase I Subdivision WHEREAS, the developers of said street desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department has determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the above-referenced street, storm sewer, water and sanitary sewer improvements in the Summer Place Phase I Subdivision, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of April, 2009. - Mayor Becky Ames - c RICH WITH OPPORTUNITY [I 11CM A,11 1�1 0 111 T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, Cit Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 7, 2009 REQUESTED ACTION: Council consider authorizing the acceptance of a water line easement. RECOMMENDATION The Administration recommends acceptance of a water line easement to provide access for fire protection services at the new YMCA located at 9195 Dishman. BACKGROUND Beaumont Metropolitan YMCA has agreed to convey a ten (10) foot wide water line easement to the City of Beaumont. The Water Line Easement [0.0398 acre of land out of the A. Houston League] will provide mandatory access to the water lines and fire hydrants for the YMCA property and would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARY IMPACT None. \engymca-ib 30 March 2009 RESOLUTION NO. WHEREAS, Beaumont Metropolitan YMCA has offered to convey a ten foot (10') wide water line easement for property located at 9195 Dishman, being an 0.0398 acre of land out of the A. Houston League, as described in Exhibit "A," Page 1, and shown on Exhibit "A," Page 2, attached hereto, to the City of Beaumont for the purpose of providing mandatory access to the water lines and fire hydrants for said property and allowing for the construction, alteration, operation and maintenance of the said water lines and appurtenances; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Beaumont Metropolitan YMCA, as described in Exhibit "A," Page 1, and shown on Exhibit "A," Page 2, be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of April, 2009. - Mayor Becky Ames - EXHIBIT "A" FIELD NOTE DESCRIPTION PAGE 1 OF 2 10 FOOT WIDE WATERLINE EASEMENT 9195 DISHMAN BEAUMONT, TEXAS 77707 A. HOUSTON LEAGUE, AB. 33 JEFFERSON COUNTY Field notes describing the centerline of a 10 foot wide easement (being 5 foot either side of centerline), across a called 17.449 acre tract of land, in the A. Houston League, Abstract No. 33, Jefferson County, Texas. Said called 17.449 acre tract recorded in Jefferson County Clerks File, Film Code Number 2007049559. COMMENCING at a 5/8 inch iron rod found with cap stamped "WORTECH" being the northwest corner of said called 17.449 acre tract and being in the south right-of-way of Dishman Road. THENCE N 87°08'41"E along and with the south right-of-way line of said Dishman road and the north line of said called 17.449 acre tract for a distance of 30.56 feet to the POINT OF BEGINNING and centerline of the herein described easement. Said point being S 87°08'41"W a distance of 5 feet from the proposed back of curb for a proposed parking lot. THENCE S 08'20'19"E over and across said called 17.449 acre tract and running 5 feet away from and parallel to said proposed back of curb of proposed parking lot and at a distance of 171.31 feet pass the end of said proposed back of curb and proposed parking lot and continuing for a total distance of 173.31 feet to the point of termination of the herein described easement containing 0.0398 acres, 1733.00 square feet of land. NOTE: THIS DESCRIPTION ACCOMPANIES A PLAT OF EVEN DATE AND IS A PART THEREOF. March 16, 2009 �E CF r JACK EDWIN Jack Edwin Meaut • • ME . Registered Professional Land Surveyor •r. 0 ��'� Texas Registration Number 5800 0 tip. tSS%.'' POINT OF TERMINIATIDN DISMMAN ROAD x x EMENT O LOCATION � rn I s PROJECT LOCATION I 120 VICINITY MAP / JEFFERSON COUNTY, TEXAS NOT TO SCALE I 1733.0 Sq. Feet I 0.0398 Acres CENTERLINE 10' WIDE EASEMENT IN I� J N W O PARKING LOT m I W Z I J W a °z a / I 1 I P.O.B. P.O.C. N 87 OS'41" E FOUND 5/8' IR PROPERTY LINE 30.56' W/CAP /Z JACK EDWIN MEAUT,DO HEREBY CERTIFY THAT THIS IS A TRUE D I S HMAN ROAD 1dD ACCURATE PLAT SHOWING A 10 FOOT WIDE EASEMENT ,CROSS A CALLED 17.449 ACRE TRACT OF LAND,LOCATED IK EFFERSON COUNTY TEXAS. SAID 17A49 ACRE TRACT RECORDED IN EFFERSON CO RIGS FIi E,FILM CODE NUMBER 2007049559. '1E q Cf. T PROPERTY ADDRESS: 9195 =91IMAN ROAD y•� , ' �•� BEAUMONT, TEXAS 77707 JACK EOwIN,4UM C• 5800 �•,� PAGE 2 OF 2 auxin D.V ass 3-16-09 O'�VkVfr PREPARED BYE, A G ago=" TIM Q �LIC r 509120 "°n ""w E G I S ack Edwin Meaut THIS PLAT ACCOMPANIES A FIELD Registered Profemionel Lead Smveyor NOTE DESCRIPTION OF EVEN DATE 8865 COLLEGE, SUITE 200 rem Registmon Number 58000 AND IS A PART THEREOF BEAUMONT, TEXAS 77707 D RICH WITH OPPORTUNITY 1111CMAI ( T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 7, 2009 REQUESTED ACTION: Council consider authorizing the acceptance of a water line easement. RECOMMENDATION The Administration recommends acceptance of a water line easement to provide access for fire protection services at the Baymont Motel on Cardinal Drive. BACKGROUND Wisdom Hospitality, L.P. has agreed to convey a ten (10) foot wide water line easement to the City of Beaumont. The Water Line Easement [0.1871 acre of land out of Block 3, Annie T. Warren Subdivision] will provide mandatory access to the water lines and fire hydrants for the Baymont Motel and would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARY IMPACT None. \engbaymont-ib 30 March 2009 0.1871 ACRE OF LAND, FOR WATER LINE EASEMENT PURPOSES, OUT OF BLOCK 3, ANNIE T. WARREN SUBDIVISION, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS BEING 0.1871 acre of land out of and a part of Block 3, Annie T. Warren Subdivision, City of Beaumont, recorded in Volume 1, Page 71, Map Records, Jefferson County, Texas; being part of a (Called 1.50) acre tract of land conveyed to Wisdom Hospitality, L.P., recorded in File No. 2008005388, Official Public Records, Jefferson County, Texas; said 0.1871 acre tract being more fully described by metes and bounds as follows to wit: BEGINNING at a 1/2" steel rod found for the Northeast corner of the (Called 1.50) acre tract, same being the Northeast corner of a (Called 5.505) acre tract of land conveyed to T. C. T. Industries, Inc., recorded in File No. 9823546, Official Public Records, Jefferson County, Texas; said 1/2" steel rod being the Northeast corner of the herein described tract; THENCE, South 00 deg., 39 min., 47 sec., East, on the common line of the (Called 5.505) acre tract and 1.50 acre tract, a distance of 310.29', to a point for corner being the Southeast corner of the herein described tract; THENCE, South 89 deg., 20 min., 13 sec., West, a distance of 149.95', to a point for corner, being on the West line of the (Called 1.50) acre tract, on the East line of Lot 42 of Annie T. Warren Subdivision; said point for corner being the Southwest corner of the herein described tract; THENCE, Ref Line = North 00 deg., 41 min., 00 sec., West, on the West line of the (Called 1.50) acre tract, and the East line of portions of Lots 41 and 42, Annie T. Warren Subdivision, a distance of 361.83', to a 1/2" steel rod found on the South right of way line of said US Highway 69/96/287; said 1/2" steel rod being the Northwest corner of the (Called 1.50) acre tract, and the Northwest corner of the herein described tract; THENCE, South 71 deg., 42 min., 32 sec., East, on the South right of way line of said US Highway 69/96/287; same being the North line of the (Called 1.50) acre tract, a distance of 10.57', to a point for corner; THENCE, South 00 deg., 41 min., 00 sec., East, 10' East of and parallel to the West line of the (Called 1.50) acre tract, a distance of 290.89', to a point for corner; THENCE, North 89 deg., 19 min., 00 sec., East, a distance of 12.97', to a point for corner; THENCE, South 00 deg., 41 min., 00 sec., East, a distance of 10.00', to a point for corner; THENCE, South 89 deg., 19 min., 00 sec., West, a distance of 12.97', to a point for corner; THENCE, South 00 deg., 41 min., 00 sec., East, 10.00' East of and parallel to the West line of the (Called 1.50) acre tract, a distance of 47.50', to a point for corner being the interior corner of the herein described tract; EXHIBIT"A" THENCE, North 89 deg., 20 min., 13 sec., East, a distance of 129.96', to a point for corner being an interior corner of the herein described tract; THENCE, North 00 deg., 39 min., 47 sec., West, a distance of 303.72', to a point for corner on the South right of way line of said US Highway 69/96/287; said point for corner being on the North line of the (Called 1.50) acre tract, and exterior corner of the herein described tract; THENCE, South 71 deg., 42 min., 32 sec., East, on the South right of way line of said US Highway 69/96/287, same being the North line of the (Called 1.50) acre tract, a distance of 10.57', to the POINT OF BEGINNING and containing 0.1871 acre of land more or less. Note: This description is based on Deed information only and does not represent a current field survey. Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on March 13, 2009. Plat of even date to accompany this description. OF Wisdom Hospitality, L.P./City of Beaumont LS-08-0969EE • AN NY M.LEG SUFI"E REMAINDER OF TCT INDUSTRIES, INC. F. N 9823546, O.P.R.J.C. CALLED 5.05 ACRES FOUND 1/2' FOUND 1/2' 11 STEEL ROD N s94T4s'E 140-OZ STEEL ROD su �°zV Yr- fit. do �• wl Iw S 89'20'13" W 149.95' 0.1871 ACRE OF LAND FOR WATERLINE EASEMENT PURPOSES N 89'20'13' E 129.96' — PART OF BUL 3, ANNIE T. WARREN SUB'D CITY OF BEAUMONT J JEFFERSON COUNTY. TEXAS L4 J L2 SJgpp 1 Q. 9k. OF\�G,G �G• A. (LFt';5.b V.-d N lV Co n pn pn E`' G W 0, �Q a syn. GP E��SQ�S p5�0 00 o °f °� 1�EL J G Co ~ o o �SpF'1E oQ 6 ° N O N Z Z u W W "O Z O a W 0 a S to \ RO•W. \ �Nf LINE TABLE POINT OF 13EGNNNG \42 32• LINE BEARING DISTANCE f STEEL 1/2-D CgROw4t \ -->'3��, Ll S 71'42'32'E 10.57' C!S jw" \ \ L2 N 8919'00'E 12.9Y �OOP s2596, 2 CC)?0 �1 \ L3 S 00'41'00'E 10.00' \ FOUND 1/2' L4 S 8919'00'W 12.97' STEEL ROD HL6 L5 S 00'41'00'E 47.50' S 71'42'32'E 10.57' SURVEYOR'S CBRTIrICATION: The undersigned does hereby certify that this survey was this day 3/13/09 made of the property legally described hereon and is correct, and that said property has access to and from a dedicated roadway. This survey is certified for this transaction only; it is not transferable to additional institutions or subsequent owners. OF M5T P 4�S T � ��• f0� _�. ANTHONY M.LEGER ANTHONY M. LEGER c 5481 0�?C REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481 9��y[SSMv�� EXHIBIT D 08-0969EE 3737 Doctors Di— 0.1871 ACRE OF LAND PART OF BLOCK 3, ell Port A:thu Te:aa77642 ANNIE T. WARREN S71, CITY C 1" = 60' v BEAUMONT, VOL. 1, PG. 71, MAP RECORDS 3 12 09 TeL409.983.200h JEFFERSON COUNTY, TEXAS � SURVEYORS F-409.983.2009 T CHASE soutexsurveyoCS.mm WISDOM HOSPITALITY, LP . n. 3707 FM 1960, SUITE 550 A. LEGER HOUSTON. TEXAS 77068 1 OF 1 FXATRTT'°R" RESOLUTION NO. WHEREAS, Wisdom Hospitality, L.P., has offered to convey a ten foot (10') wide water line easement for property located on Cardinal Drive, being an 0.1871 acre of land out of Block 3, Annie T. Warren Subdivision, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, to the City of Beaumont for the purpose of providing mandatory access to the water lines and fire hydrants for said property and allowing for the construction, alteration, operation and maintenance of the said water lines and appurtenances; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Wisdom Hospitality, L.P., as described in Exhibit"A"and shown on Exhibit "B", be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of April, 2009. - Mayor Becky Ames - E RICH WITH OPPORTUNITY IIEA,111�101114( T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager --,(.v3 PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 7, 2009 REQUESTED ACTION: Council consider authorizing the acceptance of a water line easement. RECOMMENDATION The Administration recommends acceptance of a water line easement to provide access for fire protection services to Hidden Lake RV Park, Phase II located on Highway 124 [Fannett Road]. BACKGROUND Thomas C. Taylor, Jr., dba Poweroof Insurance Team, has agreed to convey an exclusive ten (10) foot wide water line easement to the City of Beaumont. The easement is located across Hidden Lake RV Park located on Highway 124 and will provide mandatory access for fire protection services for the RV Park. It would also allow for the construction, alteration, operation and maintenance of the said water line and appurtenances: Being a ten foot (10') wide exclusive water line easement out of the S. Stivers League, Abstract 15. BUDGETARY IMPACT None. \engrv-parkIl-ib 31 March 2009 RESOLUTION NO. WHEREAS, Thomas C. Taylor, Jr., dba Poweroof Insurance Team, has offered to convey a ten foot (10') wide exclusive water line easement out of the S. Stivers League, Abstract 15, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, to the City of Beaumont for the purpose of providing mandatory access for fire protection services for Hidden Lake RV Park, Phase II, located on Highway 124 (Fannett Road) and allowing for the construction, alteration, operation and maintenance of the said water line and appurtenances; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Thomas C. Taylor, Jr., dba Poweroof Insurance Team, as described in Exhibit "A" and shown on Exhibit "B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of April, 2009. - Mayor Becky Ames - FA UST Engineering and Surveying, Inc. PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS TELEPHONE(409)813-3410 E-MAIL ADDRESS INFO @FAUSTENG.COM FAx(409)813-3484 2525 CALDER STREET BEAUMONT,TEXAS 77702 EXHIBIT A PAGE I OF 2 FIELD NOTE DESCRIPTION FOR THE CENTERLINE OFA 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF A 15.35 ACRE TRACT O UT OF THE S. STRIVERS LEAGUE,ABSTRACT NO.15 BEAUMONT, JEFFERSON COUNTY, TEXAS March 16, 2009 Being a10 foot wide strip of land over and across a 15.38 acre tract or parcel of land situated in the S. Strivers League, Abstract No. 15, Jefferson County, Texas and being out of and part of the remainder of that certain 16.71 acre tract of land described in a General Warranty Deed with Vendors Lien from Jerry M. Freeman to Thomas C. Taylor, Jr. of record in Film Code No. 2006032725, Official Public Records of Jefferson County, Texas, said centerline of the 10 foot wide strip of land being more particularly described as follows: COMMENCING at a 5/8"iron rod found on the west right-of-way line of F.M. Highway 634 (right-of-way varies) same being the most southerly northeast corner of said 15.385 acre tract and the southeast corner of a called 1.1553 acre tract of record in Clerks File No. 2001044248 Official Public Records Jefferson County: THENCE along said west R.O.W. line of F.M. Hwy. 364, South 15'53'18" East, a distance of 3.94 feet to a Tx. DOT concrete monument found at the beginning of a curve to the left; THENCE with said curve to the left whose chord bears South 28°14'48" East, having a radius of 1,339.45 feet, a chord distance of 54.24 feet to a point which is the centerline of an existing exclusive 10 foot wide waterline easement of record in Clerks File No. 2008002807 Official Public Records Jefferson County, Texas: EXHIBIT "A" EXHIBIT A 2 OF 2 LEGAL FOR EASEMENTS THENCE South 59°01'18" West, a distance of 205.71 feet; THENCE North 83°48'33" West, a distance of 10.78 feet; THENCE North 43°57'21" West, a distance of 71.67 feet to the POINT OF BEGINNING of the herein described 10 foot wide tract; THENCE 5 feet each side of the following described centerline; THENCE North 68°43'04" West, a distance of 185.34 feet; THENCE North 02°26'00" East, a distance of 86.16 feet; THENCE South 89°53'41" West, a distance of 262.11 feet; THENCE North 33°24'18" West, a distance of 5 1.8 1 feet to the point of termination of said 10 foot wide exclusive waterline easement. This description is based on the plat made by Richard F. Faust, P. E., Registered Professional Land Surveyor No. 4782 on March 1, 2009. • STe' Richard F. aust, P.E. '`4' ,. . Registered Professional Land Surveyor No. 4782 �........ARDF.FAUST ...4782 g�' Page 2 EXHIBIT B N CALLED 2.118 ACRES LOWER NECHES VALLEY AUTHORDY VOL 1222.PG.501 CF.NO.2005024894 DRJC TA PROPERTY LINE �y F/R£HYDRANT I I �O C r4 ✓AL VE FIRE HYDRANT I SCALE: 1"=1 OO' \ y � & ✓AL VE I I O "9 N JJ24'18"W — n i I Q _---------,-- I I POINT OF X61 - S 8933 41"W —I I I I I COMMENCING F J 252.11' 1 I CALLED 1.1553 ACRES S13:53,11"E 5118 FOUND ROD N 0226 OD"E I I I I KEITH S.BARNETT 94 86.16' I I i I CF NO.2OD1044245 OPRJC RAD=7339.45' I I FWD CH-S 287448'E TX DOT L —54.24' m POINT OF MONUMENT X moo• BEGINNING, HIDDEN LAKE RV PARK SECTION TWO z LNT101 I iO ��N 5, 6D' IRRIGATION 222 CL OF 10' WATERLINE EASEMENT VOL 89. PG. 222 ' DRJC CF NO. 2008002807 j OHO N 8348JJ"W OPRJC F 10.7B' I IV j in lN HIDDEN LAKE I I RV PARK SECTION ONE w- RICHIRD F. FA T A 10 FOOT WIDE PREPARED BY: REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 EXCLUSIVE WATERLINE EASEMENT Date: MARCH 09 OUT OF � OF TF A Q. ��s jEq �9 15.35 ACRE TRACT .Q. o:N _................... OUT OF THE RICHAM.. . . F.FAUST S. ........................................_....... STRIVERS LEAGUE, ABSTRACT NO.15 4782 ENGINEERING AND SURVEYING,INC. `1.9 P/Q BEAUMONT, JEFFERSON COUNTY, TEXAS 2525 CA DER STREET eEAUHDNT,TExAS T]]02 9 FSS\o?•y0 uD91 e19-eao rex<.os>e1a-D+e4 0706057 tSUfR`` SEC 2 RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager ,(r . PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 7, 2009 REQUESTED ACTION: Council consider authorizing the acceptance of two utility easements. RECOMMENDATION The Administration recommends acceptance of two (2) - ten (10) foot wide utility easements to provide service to the new Summer Place Nursing Home located at 2485 S. Major Drive. BACKGROUND Cleburne Care Property, L.P. has agreed to convey two (2) - ten (10) foot wide Utility Easements to the City of Beaumont. The easements are located on adjacent tracts of land and will provide service to the new Summer Place Nursing Home located on S. Major Drive: 1. 0.9514 acre tract out of Plat SP-8, Tracts 27-L and 27-M, C. Williams Survey [Along proposed extension of Moore Drive to Pevitot Road] 2. 0.1012 acre tract out of Plat SP-8, Tracts 27-L and 27-M, C. Williams Survey [North from proposed extension of Moore Drive to Pevitot Road] BUDGETARY IMPACT None. \engsummer-ib 30 March 2009 RESOLUTION NO. WHEREAS, Cleburne Care Property, L.P., has agreed to convey two (2) ten foot (10') wide utility easements to the City of Beaumont, one easement being an 0.9514 acre tract out of Plat SP-8,Tracts 27-L and 27-M, C.Williams Survey[along proposed extension of Moore Drive to Pevitot Road] and the other being an 0.1012 acre tract out of Plat SP-8, Tracts 27-L and 27-M, C. Williams Survey[north from proposed extension of Moore Drive to Pevitot Road], as described in Exhibits "A" and "B," Pages 1-2, and shown on Exhibits "A" and "B," Page 3, respectively, attached hereto, for the purpose of providing service to Summer Place Nursing Home located at 2485 S. Major Drive; and, WHEREAS,the City Council has considered the acceptance of said easements and is of the opinion that the acceptance of said easements of property 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 Cleburne Care Property, L.P., as described and shown in Exhibits "A" and "B," be and the same are hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of April, 2009. - Mayor Becky Ames - Fittz & Shipman INC Consulting Engineers and Land Surveyors EXHIBIT "A",PAGE 1 OF 3 FIELD NOTE DESCRIPTION OF A 0.9514 ACRE TRACT FOR A UTILITY EASEMENT OUT OF THE CHARLES WILLIAMS SURVEY, ABSTRACT 59 JEFFERSON COUNTY, TEXAS MARCH 17, 2009 TRACT 1 That certain 0.9514 acre tract for a utility easement out of the Charles Williams Survey, Abstract 59, Jefferson County, Texas, and being out of a called 4.6193 acre tract (Tract 1), a called 5.1298 acre tract (Tract 11) and a called 7.3509 acre tract (Tract III) conveyed to Cleburne Care Property, LP as recorded in Clerks File No. 2007039195 of the Official Public Records of Jefferson County, Texas, said 0.9514 acre being more particularly described by metes and bounds as follows: Note; The Basis of Bearing is the east right-of-way line of F.M. Highway 364 (aka Major Drive) and a portion of a west line of a called 5.5983 acre tract (Tract 1) and a called 2.9318 acre tract (Tract II) conveyed to Cleburne Care Property, LP as recorded in Clerks File No. 2007016573 of the Official Public Records of Jefferson County, Texas having been called North 02 056'24"West 604.05 feet. COMMENCING at a capped iron rod found in the south line of a called 0.615 acre tract (Tract One) conveyed to Terry L. Gorrell as recorded in Clerks File No. 9417784 of the Official Public Records of Jefferson County, Texas for the northeast corner.of the said 5.5983 acre tract and the northwest corner of the said 4.6193 acre tract from which a capped iron rod found for an interior corner of the said 4.6193 acre tract bears South 89 049'44" East 281.35 feet (called South 89 049'24" East 281.31 feet); THENCE South 00 009'42"West along the east line of the said 5.5983 acre tract and the west line of the said 4.6193 acre tract a distance of 469.94 feet (called South 00 010'36"West) to a %2" capped iron rod set in the north right-of-way line of Moore Drive; THENCE South 89 049'52" East along the said north right-of-way line of Moore Drive a distance of 249.80 feet (called South 89 049'24" East) to a %2" capped iron rod set for the northeast corner of Moore Drive, the most westerly northwest corner of the said 0.9514 acre tract and the POINT OF BEGINNING; THENCE along the most westerly north line of the said 0.9514 acre tract with a curve to the left having a chord bearing of North 79 003'10" East, a chord distance of 71.43 feet and a radius of 170.00 feet, a distance along the curve of 71.97 feet to the PT of the said curve; Fittz&Shipman, Inc. Project No. 07141UEtrl Plat&Description 1405 Cornerstone Court,• Beaumont, Texas 77706 • (409) 832-7238 • fax(409) 832-7303 EXHIBIT "A" EXHIBIT "A", PAGE 2 OF 3 THENCE North 66°49'44" East continuing along the said most westerly north line of the 0.9514 acre tract a distance of 504.02 feet to a point for the PC of a curve; THENCE continuing along the said most westerly north line of the 0.9514 acre tract with a curve to the right having a chord bearing of North 78°32'11" East, a chord distance of 93.34 feet and a radius of 230.00 feet, a distance along the curve of 94.00 feet to the PT of the said curve; THENCE North 00 010'30" East along the most northerly west line of the said 0.9514 acre tract a distance of 356.11 feet to a point in the north line of the said 5.1298 acre tract for the most northerly northwest corner of the said 0.9514 acre tract from which a capped iron rod found for the most northerly northwest corner of the said 4.6193 acre tract bears South 89°51'19"West 592.41 feet (called South 89°51'15"West); THENCE North 89°51'19" East along the north line of the said 5.1298 and 0.9514 acre tracts a distance of 3.00 feet (called North 89 051'15" East) to a capped iron rod found for the northeast corner of the said 5.1298 and 0.9514 acre tracts; THENCE South 00°10'30" West along the east line of the said 5.1298, 7.3509 and 0.9514 acre tracts a distance of 416.13 feet (called South 00 010'36"West) to a point for the southeast corner of the said 0.9514 acre tract from which a capped iron rod found in the north line of a LNVA Canal for the southeast corner of the said 7.3509 acre tract bears South 00°10'30"West 470.20 feet (called South 000 10'36"West); THENCE along the south line of the said 0.95.14 acre tract with a curve to the left having a chord bearing of South 78°33'43"West, a chord distance of 74.83 feet and a radius of 170.00 feet, a distance along the curve of 75.45 feet to the PT of the said curve; THENCE South 66 049'44"West continuing along the said south line of the 0.9514 acre tract a distance of 501.13 feet to a point for the PC of a curve; THENCE continuing along the south line of the 0.9514 acre tract with a curve to the right having a chord bearing of South 78°54'41"West, a chord distance of 95.70 feet and a radius of 230.00 feet, a distance along the curve of 96.40 feet to a %" capped iron rod set for the southeast corner of Moore Drive and the southwest corner of the said 0.9514 acre tract; THENCE North 00 009'42" East along the east line of said Moore Road and the west line of the said 0.9514 acre tract a distance of 60.00 feet (called North 00 009'42" East 60.00 feet) to the POINT OF BEGINNING and containing 0.9514 acre of land, more or less. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during January and May 08. * T r Wa ter J. Ksi .,� � t9T�,p• q� Registered Professio I Land Sury or No. 5321 * •�� * '. !� Fittz&Shipman,Inc IF WALTER J. KSIAZ.EK Project No. 07141LTEtrl s+- Plat&Description scti�v� CLIENT: CLEBURNE CARE PROPERTY, LP G.F. NO. — EXHIBIT "A", PAGE 3 OF 3 0 11000 00 `s ATE ^ NOW OR FORMERLY RANDY WAYNE LEFTWICH D; CLERKS FILE NO. 2002020563, O.P.R.J.C. r J o (CALLED 0.344 ACRE) W PEVITO ROAD LL°°m v REMAINDER OF J Q GEORGE A. DISHMAN 0 r° AND JAMES C. DISHMAN g rc Z e VOL. 2330, PG. 425, D.R.J.C. I °z ° UND (CALLED 41.031 ACRES) L3 FOUND IIrA ON ROD ED S 89'51'19" W 592 41 RON ROD w u (CALLED S 89'51'15" W) 3.0 7,D U v CALLED S 89'49'24" E 281.31) 10'UTILITY 1,•) S 89' 9'44" E 281.35 EASEMENT(TOTAL) an co 3 Li r7 I �1n COMMENCING > FOUND W I �'^ POINT 4J d w CAPPED oO CLEBURNE CARE PROPERTY, LP O 3:2 UTILITY o U CLERKS FILE N0. 2007039195, O.P.R.J.C. I o0 EASEMENT < (CALLED TRACT 11-5.1298 ACRES) O I M N FOUND CAPPED IRON ROD g n.o p p woo- 60'UTILITY Z I Nv CLEBURNE CARE PROPERTY, LP J a�', EASEMENT C2 I CLERKS FILE NO. 20 0701 6 573, O.P.R.J.C. w i`POINT OF (CALLED TRACT I-5.5983 ACRES) 'r J o BEGINNING OZ // W LL W UTILITY g0,/ /3 y< EASEMENT C D M SET 1/2 w` 0.9514 ACRE 66 i i /�3 z w CAPPED U SET 1/2' >" IRON ROD CAPPED j/ //50, p�.f LTj U Q IRON ROD / /(t _N O N N Q _ L2 CA //66�9b 3I"w°ciao TRACT 1 e a_°z d _ — MOORE DRIVE — 'r / 0.9514 ACRE TRACT o awwaa J UTILITY EASEMENT o 3 z g-n w SET 1/Y GA V1=O U Z N Q CAPPED f7 Q J IRON ROD W p > CLEBURNE CARE PROPERTY, LP CLEBURNE CARE PROPERTY, LP Op CLERKS FILE NO. 2007016573, J.C. CLERKS FILE NO. 2007039195, O.P.R.J.C. N p (CALLED TRACT II-2.9316 ACRES)CRES) (CALLED TRACT III-7.3509 ACRES) O FOUND � CAPPED IRON ROD LNVA CANAL NOTE: THE BASIS OF BEARINGS IS THE EAST RIGHT-OF-WAY LINE OF F.M. HIGHWAY 364-MAJOR DRIVE AND A WEST NUMBER DIRECTION DISTANCE LINE OF THE 5.5983 ACRES-TRACT I IN CLERKS FILE NO. 2007016573 HAVING BEEN CALLED NORTH 02'56'14" WEST. Ll S 00'09'42" W 469.94 CALLED S 00'10'36' W NUMBER DELTA IRADIUS ARC ICHORDICHORD BEARING L2 S 89'49 52 E 249.80 Cl 24'1519" 170.00 71.97 M74.83 N 79'03'10" E CALLED S 89.49'24' E C2 23'24'55" 230.00 9N 78'32'11" E L3 N 89'51'19" E 3.00 C3 125-25'47" 170.00 S 78'3 3'43" W CALLED N 89'51'15' E C4 24'00'51" 230.00 S 78'54'41" W L4 N 00'09'42" E 60.00 - CALLED N 00'0942" E 1 60.00 )ESCRIPTION OF SERVICES REGUESTED: UTILITY EASEMENT ;URVEYOR'S CER7IFICATION: DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE ON HE GROUND UNDER MY SUPERVISION, DURING JANUARY AND MAY 2008 HE ABOVE TRACT BEING LOCATED AT MOORE DRIVE & PEVITO ROAD BEAUMONT TEXAS 77707 ,ND BEING DESCRIBED AS A UTILITY EASEMENT IN THE CHARLES WILLIAMS SURVEY A-59 ,S RECORDED IN VOLUME _ -, PAGE _ OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. REVISION I DATE A �(Lf Tg� 1LTER J. KSI R�a�C,►STErpF ,J+ GISTERED PROFESSION LAND SUR YOR NO 5321 E: 3_17_D9 Fittz&Shipman wA:TERKSIAZEK D •.� Q�r K NO.: 05-02 ConsuldngEngineers and Land Surveyors INC. •�.�Sg� .�P 1405 CORNERSTONE COURT BEAUMONT, TEXAS NO.: 07141.0000 ��NDa/rovt�Q Fiffi & Shipman INC Consulting Engineers and Land Surveyors FIELD NOTE DESCRIPTION OF A 0.1012 ACRE TRACT FORA UTILITY EASEMENT OUT OF THE CHARLES WILLIAMS SURVEY,ABSTRACT 59 JEFFERSON COUNTY, TEXAS MARCH 17, 2009 TRACT 2 That certain 0.1012 acre tract for a utility easement out of the Charles Williams Survey, Abstract 59, Jefferson County, Texas, and being out of the remainder of a called 41.031 acre tract conveyed to George A. Dishman and James C. Dishman as recorded in Volume 2330, Page 425 of the Deed Records of Jefferson County, Texas, said 0.1012 acre being more particularly described by metes and bounds as follows: Note: The Basis of Bearing is the east right-of-way line of F.M. Highway 364 (aka Major Drive) and a portion of a west line of a called 5.5983 acre tract (Tract 1) and a called 2.9318 acre tract (Tract 11) conveyed to Cleburne Care Property, LP as recorded in Clerks File No. 2007016573 of the Official Public Records of Jefferson County, Texas having been called North 02 056'24" West 604.05 feet. COMMENCING at a capped iron rod found in the north line of a.LNVA Canal for the southeast corner of a called 7.3509 acre tract (Tract III) conveyed to Cleburne Care Property, LP as recorded in Clerks File No. 2007039195 of the Official Public Records of Jefferson County, Texas; THENCE North 00 010' 30" East along the east line of the said 7.3509 acre tract a distance of 470.20 feet (called North 00°10'36" East) to a point for the southwest comer of the said 0.1012 acre tract and the POINT OF BEGINNING; THENCE North 00 010' 30" East continuing along a portion of the said east line of the 7.3509 1 acre tract, the east line of a called 5.1298 acre tract (Tract II) described in said Cleburne Care Property deed and the most southerly west line of the said 0.1012 acre tract a distance of 416.13 feet (called North 00 010'36" East) to a point for the northeast corner of the said 5.1298 acre tract and an interior corner of the said 0.1012 acre tract from which a capped iron rod found for the most northerly northwest corner of the said 5.1298 acre tract bears South 89 051'19"West 592.41 feet (called South 89 051'15"West); THENCE South 89 051'19"West along the north line of the said 5.1298 acre tract and an interior line of the said 0.1012 acre tract a distance of 3.00 feet (called South 89 051'15" West) to a point for comer; Fittt&Shipman,Inc Project No. 07141LEtr2 Plat&Description 1405 Cornerstone Court,• Beaumont, Texas 77706 • (409) 832-7238• fax (409) 832-7303 EXHIBIT"B" PAGE 1 of 3 THENCE North 00 010'30" East along a west line of the said 0.1012 acre tract a distance of 149.71 feet to a point in the south right-of-way line of Pevito Road and the north line of the said 41.031 acre tract for the northwest corner of the said 0.1012 acre tract; THENCE North 89 058'37" East along the said south right-of-way line of Pevito Road and the north line of the said 41.031 and 0.10 12 acre tracts a distance of 10.00 feet (called South 89°51'15" East) to a point for the northeast corner of the said 0.10 12 acre tract; THENCE South 00°10'30"West along the east line;gf the said 0.10 12 acre tract a distance of 565.86 feet to a point for the southeast omen of the°said 0:1012 acre tract; THENCE North 89 049'24"West along the south'line:of the said 0.1012 acre tract a distance of 7.00 feet to the POINT OF BEGINNING arid.tontaining 0.1012 acre of land, more or less. This Field-Note Description is based on a survey performed by Fittz & Shipman, Inc. during January and May 2008. G� Walter J. Ksiazek Registered Professional Land Su yor.N.o. 5321. O*i IS r`� � M.•��GTERF�•.r• WALTER J. KSIAZEK w • v p$ . 3'tlfgv'� r Fittz &Shipman,Inc. Project No. 07141UEtr2 Plat&Description E3CMBIT"B" PAGE `3 CLIENT: CLEBURNE CARE PROPERTY, LP G.F. NO. - 0 100 p A S C A L E ^ NOW OR FORMERLY °0 RANDY WAYNE LEFTWICH O: CLERKS FILE NO. 2002020563, O.P.R.J.C. o u (CALLED 0.344 ACRE) W m PEVITO ROAD L3 w : LL o Li REMAINDER OF L 10,p J a GEORGE A. DISHMAN o o n 'Z AND JAMES C. DISHMAN NI VOL. 2330, PG. 425, D.R.J.C. J CAVPEU (CALLED 41.031 ACRES) I FOUND ° IRON ROD - L1 CAPPED to RON ROD S 89'51 19" W 592.41 �- (CALLED S 8951'15"W) 3.0 7.0 1EASEMENT (TOTAL) fp d n; IJ FOUND FOUND CAPPED .rn CAPPED CLEBURNE CARE PROPERTY, LP 2 W IRON ROD ga IRON ROD CLERKS FILE NO. 2OD7039195, O.P.R.J.C. o• I 0 a (CALLED TRACT II-5.1298 ACRES) z n 0 e TRACT 2 <p a°< 0.1012 ACRE TRACT CL)o CLEBURNE CARE PROPERTY, LP $a UTILITY EASEMENT Z I CLERKS FILE NO. 2007016573, O.P.R.J.C. o a (CALLED TRACT 1-5.5983 ACRES) z= / m / / L5 OYU / �j / / 4 UYU / co SET CAPP�ED U SET 1/2' // // a C K Im�m>- IRON ROD CAPPED / / POINT OF d- 3 RON ROD BEGINNING W N N O UTILITY °o° o i — MOORE DRIVE EASEMENT o W <o 0 / 0.1012 ACRE S o (y SET 1/2" Z M U Z�U CAPPED IRON ROD O O j CLEBURNE CARE PROPERTY, LP v O CLERKS FILE NO. 2007016573, O.P.R.J.C. CLEBURNE CARE PROPERTY, LP 0( CALLED TRACT II-2.9318 ACRES) CLERKS FILE NO. 2007039195, O.P.R.J.C. Z (CALLED TRACT III-7.3509 ACRES) 0 O Q LNVA CANAL COMMENCING NUMBER IDIRECTION DISTANCE POINT L1 IS 89'51'19" W> 3.00 UTIUTY CALLED IS 89.51'15'w EASEMENT FOUND OTE: THE BASIS OF BEARINGS IS THE EAST RIGHT-OF-WAY L2 N 00'10'30" E 149.71 CAPPED LINE OF F.M. HIGHWAY 364-MAJOR DRIVE AND A WEST IRON ROD LINE OF THE 5.5983 ACRES-TRACT I IN CLERKS FILE NO. L3 N 89'58'37" E 10.00 2007016573 HAVING BEEN CALLED NORTH 02'56'14' WEST: CALLED S89'51'15"E L4 5.00-10-30- W 565.86 L5 N 89'49'24" W 7.00 )ESCRIPTION OF SERVICES REQUESTED: UTILITY EASEMENT iURVEYOR'S CERTIFICATION: DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY,&DESCRIPTION MADE ON 'HE GROUND UNDER MY SUPERVISION, DURING JANUARY AND MAY 2008 HE ABOVE TRACT BEING LOCATED AT_M_OGRE DRIVE & P VITO ROAD, BEAUMONT, TEXAS 77707 JND BEING DESCRIBED AS A UTILITY EASEMENT IN THE CHARLES WILLIAMS SURVEY A-59 .S RECORDED IN VOLUME - ., PAGE - OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. REVISION DATE ALTER J. KSSI K * d• • GISTERED PROFESSI AL LAND SUR EYOR N0. 5321 WATER J. K81,42�K E: 3-17-09 Fitt z: S h i p m a n 5221 D . M� IK NO.: 08-02 IN.G: •�••C AtSap'ON Consulting EVweers and Land Surveyors '/N •..• •�Q NO.: 07141.0000 1405 CORNERSTONE COURT BEAUMONT, TEXAS �gUkVS4 !an°0RZO-:7oza CAV iA. No7n >ti _ RICH WITH OPPORTUNITY 1 T • E • R • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 7,2009 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 3-6/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from RS (Residential Single Family Dwelling)District to LI (Light Industrial)District at 6045 College Street 2. Consider a request for a specific use permit to allow a YMCA in an RM-H (Residential Multiple Family Dwelling-Highest Density)District at 9195 Dishman 3. Consider a request to abandon a 30'x 70.52' portion of an unnamed 30' street and drainage easement 4. Consider amending Ordinance No. 28, Article III, Water and Sewer Regulations to change the billing structure for apartment complexes and mobile home parks 5. Consider approving a one(1)year contract for the purchase of various types of manhole covers, manholes and sewer materials 6. Consider approving Change Order No. 2 for the Calder Avenue Drainage Project Phase I 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: Cause No. E-182,229;Robert F. Ramsey, Sr. vs. City of Beaumont Cause No. B-181,855; Carolyn Faul vs. Terrance McFarland Moss, et al * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Magistrate Applicants-Randall Collins, Jonathan Stovall, James Mehaffy, Jimmy Hamm, Brent Turk and Terrence Holmes 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 April 7,2009 Consider a request for a zone change from RS (Residential Single Family Dwelling)District to LI (Light Industrial)District at 6045 College Street RICH WITH OPPORTUNITY [I 17C � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager G>� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 7, 2009 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) District to LI (Light Industrial) District at 6045 College Street. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND A-Lisotta Mini Stor-All, DD#6 and Captain's Cars, Inc. have applied for the zone change. A building on the west side of A-Lisotta's Mini Stor-All was severely damaged during Hurricane Ike. This building is located on property that is currently zoned RS. The Zoning Ordinance states that a legal non-conforming use that is located within a building that is 60% or more destroyed by an act of God can no longer occupy that building. The business would like to reconstruct the building. Because of the RS zoning along the west and north sides, the new building would have to be set back 25' along those property lines, causing the building to be greatly reduced in size. Therefore, A-Lisotta's Mini Stor-All asked DD#6 and Kirk Giles, adjacent property owners, to participate in the zone change, which they did. The zone change will allow A-Lisotta's Mini Stor-All to reconstruct the building to its original dimensions. At a Joint Public Hearing held March 30, 2009, the Planning Commission recommended approval 6:0:1 of a zone change from RS (Residential Single Family Dwelling) District to LI (Light Industrial) District at 6045 College Street. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 6045 COLLEGE STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to LI (Light Industrial) District for property located at 6045 College Street, as described in Exhibit "A" and shown on Exhibit "B," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of April, 2009. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Tract A: BEING a 0.089 acre tract of land out of Lot 5,Block K of the T.H. Langham Estate Subdivision as recorded in the Map Records of Jefferson County, Texas, Volume 4, Page 89 and also being out of that certain 1.358 acre tract of land conveyed to Jefferson County Drainage District No. 6 by Lula Langham Potter,Nita Murry Spencer, Grantor Trust, Junker Spencer Testamentary Trust, Lyle Spencer Lambdin Grantor Trust and William Spencer, said 0.089 acre tract of land being a 15.00 feet wide strip of land and being more particularly described by metes and bounds as follows: FOR LOCATIVE PURPOSES,COMMENCE at the northeast comer of Tract 2 and the southeast corner of Tract 3, said Tracts 2 and 3 being conveyed to John V. Lisotta and recorded in Volume 2221, Page 138 of the Deed Records of Jefferson County, Texas; THENCE SOUTH 890 3F23" WEST along the north line of said Tract 2 and the south line of the said Tract 3, a distance of 131.17 to an iron rod found for the northeast corner of the tract herein described and an angle point in the said 1.358 acre tract and the northwest corner of the said Tract 2 and the PLACE OF BEGINNING; THENCE SOUTH 890 31' 23" WEST along the north line of the tract herein described and the south line of the said Tract 3 and an easterly line if the said 1.358 acre tract, a distance of 17.88 feet to an iron rod for the northwest corner of the tract herein described; THENCE SOUTH 330 26' 53" EAST along the southwest line of the tract herein described along a line parallel to and 15 feet southwest of the northeast line if the tract herein described and an easterly line of the said 1.358 acre tract and the southwest line of the said Tract 2, a distance of 276.24 feet to an iron rod set for the most southerly corner of the tract herein described in the east line of the aforementioned Lot 5 and the west line of a 40 feet wide road right of way; THENCE NORTH 000 24' 08" WEST along the east line of the tract herein described and the said Lot 5 and the said 1.358 acre tract and the west line of the said 40 feet wide road right of way, a distance of 27.51 feet to the most northerly south corner of the tract herein described, said corner also being the most southerly southwest corner of that certain tract of land described in Volume 1959, Page 284 of the Deeds Records of Jefferson County, Texas, said corner also being the most southerly corner of the said Tract 2 and an angle point in the easterly line of the said 1.358 acre tract; THENCE NORTH 330 26' 53" WEST along the northeast line of the tract herein described and the said 1.358 acre tract and the southwest ling of the said Tract 2 along a line parallel to and 15 feet northeast of the previously described southwest line of the tract herein described, a distance of 243.46 feet to the PLACE OF BEGINNING containing 0.089 acres of land,more or less. Tract B: BEING the west 25 feet of the tract of land heretofore conveyed by Mary Reed Cecil et al to John V Lisotta Sr as recorded in Volume 1934 Page 177 Deed Records Jefferson County Texas said Lisotta tract being out of the southeasterly portion of Lot 6 Block K T. H. Langham Estate EXHIBIT "A" Subdivision the plat of the said T.H. Langham Estate Subdivision being recorded in Volume 4 Page 89 Map Records Jefferson County Texas Tract C: BEING a 0.31 acre tract of land out of Lot 5, Block K of the T. H. Langham Estate Subdivision, Beaumont, Jefferson County, Texas,plat of which is recorded in Volume 4,Pages 85-89,Map Records, Jefferson County, Texas, the said tract herein described being that portion of said Lot 5 which is located on the east side of the Langham Road drain and described by metes and bounds as follows: BEGINNING at an iron pin which marks the southeast comer of the T. S. Reed tract as conveyed by C. O. Hilliard by deed dated March 2, 1935, said BEGINNING CORNER being in the west, right of way line of a 40 foot wide dedicated road right of way as shown on the aforementioned recorded plat; THENCE South 89° 11' 13" West along the south line if the Reed tract a distance of 131.17 feet to an iron rod for corner on the east bank of the said Langham Road drain ditch; THENCE South 33° 12' 14" East along the northeast bank of said ditch a distance of 241.87 feet to an iron rod for corner in the east line of said Lot 5 and the west line of the aforementioned dedicated road right of way; THENCE North 00° 21' 55" West along the west line of the said road right of way a distance of 204.25 feet to the place of beginning. Tract D: BEING a 1.09 acre tract of land out of Lot 6,Block K, T.H. Langham Estate Subdivision, Beaumont, Jefferson County, Texas plat of which is recorded in Volume 4, Pagees 85-89,Map Records, Jefferson County, Texas,the said 1.9 acre tract of land being the same tract conveyed by Mary Electra Langham to L. W. King, Volume 317, Page 192, and being the same tract conveyed by the L. W. King Estate to.C. O. Hilliard by deed dated February 26, 1935, and the C. 0. Hilliard to T. S. Reed by deed dated March 2, 1935, and being described by metes and bounds as follows: BEGINNING at the most easterly northeast corner of said Lot 6, said BEGINNING CORNER marking the intersection of the west line of a 40 foot wide dedicated road right of way with the south line of a 40 foot wide dedicated road right of way as indicated on the aforementioned recorded plat; THENCE South 00° 21' 55" East along the east line of said Lot 6 and along the west line of the said dedicated road right of way a distance of 248.0 feet to an iron pipe for corner; THENCE South 89° 1 P 13" West a distance of 190.6 feet to a concrete monument for corner on the west bank of what is known as the Langham Road drain ditch; THENCE North 00° 21' 55" West along the line which is located within the limits of said drain ditch a distance of 248.0 feet to a point for corner in the said drain ditch; THENCE North 89° 11' 13" East at a distance of 13.60 feet begin the south line of the aforementioned 4. Foot wide dedicated road right of way and at which point the said dedicated road right of way extends northwardly to College Street and at a distance of 48.54 feet a reference pipe for corner in the south line of the said dedicated road right of way and continuing along the south line of said dedicated road right of way a total distance of 190.6 feet fir the course to the place of beginning. Tract E: BEING a 0.4973 acre tract or parcel of land situated in the Charles Williams League,Abstract ,No. 59, Jefferson County, Texas and being out of and part of Lot 2,Block K of the T.H. Langham Estate Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 4, Page 89, Map Records, Jefferson County, Texas and also being a portion of the abandoned 40 foot road right-of-way out of the said Block K as described in City of Beaumont Ordinance No. 76-104, and also being out of and part of that certain tract of land as described in a deed from Alvin J. Siteman to Harry Fine and wife, Sadie M. Fine as recorded in Volume 1232, Page 33, Deed Records, Jefferson County,Texas,the same also being out of and part of that certain called 0.452 acre tract of land as described in a deed from B.R. Schulz to John V. Lisotta, Sr. as recorded in Volume 2285, Page 336,Deed Records, Jefferson County, Texas,the same being that certain called 0.452 acre tract of land as described in a"Special Warranty Deed" from John V. Lisotta to Lisotta Properties, Ltd. as recorded in Clerk's File No. 2003028123, Official Public Records of Real Properly, Jefferson County, Texas, and being out of and part of the remainder of that certain called 1.09 acre tract of land as described in a"Special Warranty Deed" from John V. Lisotta to Lisotta Properties,Ltd. as recorded in Clerk's File No. 2003028123, Official Public Records of Real Property, Jefferson County, Texas, said 0.4973 acre tract being more particularly described as follows: NOTE: All bearings are based on the North line of the said 0.452 acre Lisotta Properties, Ltd. tract as NORTH 89°36'00" EAST as recorded in the said Clerk's File No. 200328123, Official Public Records of Real Property, Jefferson County, Texas, COMMENCING at a 1" iron pipe found for the Northeast corner of the said 0.452 acre Lisotta Properties, Ltd. tract and said corner also being the Northwest comer of that certain tract of land as described in a deed from Alvin J. Siteman to John V. Lisotta, Sr. as recorded in Volume 1684, Page 152, Deed Records, Jefferson County, Texas, the same being that certain tract of land as described in a"Special Warranty Deed" from John V. Lisotta to Lisotta Properties,Ltd. as recorded in Clerk's File No. 2003028123, Official Public Records of Real Property, Jefferson County, Texas and said corner also being in the South right-of-way line of U.S. Highway 90 (also known as College Street); THENCE SOUTH 890 3600" WEST, along and with the South right-of-way line of U.S. Highway 90, for a distance of 12.01 feet to a 5/8" iron rod set for the Northeast corner and POINT OF BEGINNING of the tract herein described; THENCE SOUTH 020 55' 00" EAST, over and across the said 0.452 acre and the remainder of the said 1.09 acre Lisotta Properties, Ltd tracts, for a distance of 171.62 feet"PK"Nail set for corner; THENCE SOUTH 890 08' 09" WEST, for a distance of 106.41 feet to a 518" iron rod set for corner, said corner being in the East right-of-way line of Jefferson County Drainage District No. 6 Ditch No. 111A, said corner also being in the East line of that certain called 0.085 acre tract of land as described in a"General Warranty Deed" from John V. Lisotta, Sr. to Jefferson County Drainage District No. 6 as recorded in Clerk's File No. 9817652, Official Public Records of Real Property, Jefferson County, Texas and said corner bears NORTH 01° 03' 05" WEST a distance of 227.37 feet from a Y? iron rod found for the Southeast corner of the said 0.085 acre Jefferson County Drainage District No. 6 tract said corner also being the Southwest corner of the remainder of the said 1.09 acre Lisotta Properties, Ltd tract; THENCE NORTH 01 0 03' 05" WEST, along and with the East line of the said Jefferson County Drainage District No. 6 Ditch No. 111A, for a distance of 20.27 feet to a %2" iron rod found for corner, said corner being the Northeast corner of the said 0.085 acre Jefferson County Drainage District No. 6 trat; THENCE NORTH 880 35' 17" EAST, along and with the North line of the remainder of the said 1.09 acre Lisotta Properties, Ltd tract, for a distance of 7.65 feet to a 5/8" iron rod set for corner; THENCE NORTH 000 51" 51" WEST, over and across the above referenced abandoned 40 foot road right-of-way, for a distance of 19.65 feet to a 5/8" iron rod set for corner; THENCE NORTH 290 24' 16" WEST, along and with the East right-of-way line of the 40 foot road right-of-way across the said Block K, for a distance,of 107.85 feet to a PK nail found for corner; THENCE NORTH 43° 27' 02" WEST, continuing along and with the East right-of-way line of the 40 foot road right-of-way across the said Block K, for a distance of 51.91 feet to a scribed "X" in concrete found for corner, said corner being the intersection of the East right-of-way line of the 40 foot road right-of-way across the said Block K and the South right-of-way line of U.S. Highway 90, THENCE NORTH 890 36' 00" EAST, along and with the South right-of-way line of U.S. Highway 90, for a distance of 179.34 feet to the POINT OF BEGINNING and containing 0.4973 ACRES,more or less. Tract F: BEING a 0.085 acre tract of land in Lot 2, Block K of the T.H. Langham Estates Subdivision in Beaumont, Jefferson County, Texas, as per map of record in Volume 4,Page 89 of the Map Records of said County, and being out of and a part of that certain 1.09 acre tract of land conveyed to John V. Lisotta Sr. by deed recorded in Volume 1934,Page 1934, Page 177 of the Deed Records of Jefferson County, Texas. Said tract herein described being a fifteen(15.0) feet wide drainage easement. COMMENCING at a one inch pipe found marking the southwest corner of the said 1.089 acre tract; THENCE NORTH 890 31' 23"EAST along the south line of said 1.09 acre tract, a distance of 25.0 feet to a point for the southwest corner and PLACE OF BEGINNING of the tract herein described; THENCE NORTH 000 55' 45" WEST along the west line of the easement herein described and being along the east line of a twenty-five (25.0) feet wide drainage easement granted to the City of Beaumont recorded in Volume 1995, Page 218 of the Deed Records of said County, a distance of 247.71 feet to an iron ros set marking the northwest corner of the easement herein described, said corner being located in the north line of the 1.09 acre tract; THENCE NORTH 890 25' 53" EAST along the north line of the 1.09 acre tract and being along the south right of way line of a 40 feet wide dedicated public road as shown of the aforementioned recorded map of said T. H. Langham Estates Subdivision, a distance of 15.0 feet to an iron rod set marking the northeast corner of the tract herein described; THENCE SOUTH 000 55' 45" EAST along the east line of the easement herein described, a distance of 247.73 feet to an iron rod set marking the southeast corner of said easement. Said corner being located in the south line of the 1.09 acre tract; THENCE SOUTH 890 3 P 23" WEST along the south line of the 1.09 acre tract, a distance of 15.0 feet to the PLACE OF BEGINNING and containing in area 0.085 acres of land,more or less. it 1 - : Request for a zone change from RS (Residential Single Family Dwelling) District to LI (Light.Industrial) District. Location: 6045 College Applicant: A-Lisotta Mini Stor-All 0 100 200 i I I Feet Legend 1980Z U ° W i COLLEGE ST GC-MD I GC-MD LI GC-MD f O R-S R-S s R-S I EXHIBIT "B° 2 April 7,2009 Consider a request for a specific use permit to allow a YMCA in an RM-H(Residential Multiple Family Dwelling-Highest Density)District at 9195 Dishman RICH WITH OPPORTUNITY 1111LWAilll�IC111'9( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager o PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 7, 2009 REQUESTED ACTION: Council consider a request for a specific use permit to allow a YMCA in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 9195 Dishman. RECOMMENDATION The Administration recommends approval of the request with a waiver of the screening/landscaping requirement along the east, west and south property lines. BACKGROUND Long Architects, Inc. has applied for a specific use permit. This new facility will have a number of family-oriented features that includes: - an exterior heated pool - wellness area that will incorporate various types of exercise equipment - aerobics room - locker and shower facilities - children and youth activities areas - eight tennis courts - two football fields - two baseball fields - three sand volleyball courts - spray ground area next to the swimming pool. The YMCA facility will be built in several phases. Initially, the swimming pool and the building housing the indoor activities will be constructed with the other facilities being built over time. At a Joint Public Hearing held March 30, 2009, the Planning Commission recommended approval 7:0 of a specific use permit to allow a YMCA in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 9195 Dishman with a waiver of the screening/landscaping requirement along the east, west and south property lines. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A YMCA FACILITY IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 9195 DISHMAN 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 the Beaumont Metropolitan YMCA to allow a YMCA facility in an RM-H (Residential Multiple Family Dwelling - Highest Density) District located at 9195 Dishman, as described in Exhibit "A" and shown on Exhibit "B" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a YMCA facility in an RM-H (Residential Multiple Family Dwelling - Highest Density) District located at 9195 Dishman is hereby granted to the Beaumont Metropolitan YMCA, its legal representatives, successors and assigns, as described in Exhibit"A" and shown on Exhibit"B" attached hereto and made a part hereof for all purposes subject to a waiver of the screening/landscaping requirement along the east, west and south property lines. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, 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 7th day of April, 2009. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES All that certain tract or parcel of land lying and being situated in Jefferson County, Texas, a part of the southeast one quarter of the A. HOUSTON LEAGUE, ABSTRACT NO. 33 and being a part of that certain tract of land herein referred to as the "Broussard"Tract, which said Broussard tract is described as "Exhibit A" in that certain Partition Deed dated August 7, 1998 and recorded in County Clerk's File No. 98-9829841 of the Real Property Records of Jefferson County, Texas, with said tract or parcel herein described being more particularly described as follows: COMMENCING at a Jefferson County Drainage District No. 6 monument found in the south right of way line of Dishman Road, a 60 foot wide right of way, for the northeast corner of the said Broussard tract and being the northwest comer of that certain tract of land herein referred to as the"11.80 acres"tract, which said 11.80 acres is described in that certain instrument from A. Huston Properties, LLC to Jefferson County Drainage District No. 6 dated December 19, 2003 and recorded in County Clerk's File No. 2003 05195 5 of the Real Property Records of Jefferson County, Texas; THENCE South 87° 08' 41" West along and with the south right of way line of Dishman Road and the north line of the said Broussard tract for a distance of 8 86.11 feet to the POINT OF BEGINNING of the herein described tract; THENCE South 02° 56' 12" East for a distance of 154.05 feet to a point for corner; THENCE South 15° 29' 06" West for a distance of 235.53 feet to a Point of Curvature(P.C.) of a curve to the left having a radius length of 770.00 feet, with the radius point of the said curve being located easterly from the P.C. of the curve; THENCE in a generally southerly direction along the said curve to the left, a total arc length distance of 247.57 feet to the Point of Tangency(P.T.) of the said curve, with the said curve to the left having a total central angle of 180 25' 18" and subtending a chord of 246.50 feet, the bearing of which said chord being South 060 16' 27" West; THENCE South 02° 56' 12" East for a distance of 308.78 feet to a Point of Curvature (P.C.) of a curve to the left having a radius length of 320.00 feet, with the radius point of the said curve being located easterly from the P.C. of the curve; THENCE in a generally southerly direction along the said curve to the left, a total arc length distance of 202.28 feet to the Point of Tangency(P.T.) of the said curve,with the said curve to the left having a total central angle of 36° 13' 07" and subtending a chord of 198.93 feet, the bearing of which said chord being South 21° 02' 45" East; THENCE along the following: South 39° 09' 19" East, 180.52 feet to a point; South 40° 43' 54" West, 566.95 feet to a point; North 38° 56' 38" West, 149.91 feet to the Point of Curvature (P.C.) of a curve to the right, the said curve to the right having a radius length of 735.00 feet,with the radius point of the said curve being located easterly from the P.C. of the curve; EXHIBIT "A" THENCE in a generally northerly direction along the said curve to the right, a total arc length distance of 461.90 feet to the Point of Tangency(P.T.) of the said curve,with the said curve to the right having a total central angle of 36° 00' 26" and subtending a chord of 454.34 feet, the bearing of which said chord being North 20° 56' 25" West; THENCE North 02° 56' 12" West for a distance of 1123.32 feet to a point for comer in the south right of way line of Dishman Road and the north line of the said Broussard tract; THENCE North 87° 08' 41" East along and with the south right of way line of Dishman Road for a distance of 563.89 feet to the Point of Beginning and Containing 17.449 acres of land,more or less. it 1 -P: Request for a specific use permit to allow a YMCA in an RM-H (Residential Multiple Family Dwelling-Highest Density)District. Location: 9195 Dishman Applicant: Long Architects,Inc. 0 100 200 300 400 500 600 l i l I I I I I Feet DISHMAN RD Legend i�a��ii�i�u��iu�u =2 =1 mumu 1981P G2 G2 N SAGE �N BLUE STEM 9S to O m W c U-1 c m Q z � RM�H 8 R-S m s `o 1 I EXHIBIT "B" i PROPOSED WESTEND YMCA MASTER SITE PLAN Approval with a waiver of the screening/lands. !ping requirement along the east,,vest and south pro; - rty lines. 3 April 7,2009 Consider a request to abandon a 30'x 70.52'portion of an unnamed 30' street and drainage easement 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: April 7, 2009 REQUESTED ACTION: Council consider a request to abandon a 30'x 70.52' portion of an unnamed 30' street and drainage easement. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND Harry Fuller has applied for the abandonment. The subject property is approximately 118' east of the dead-end of Kipling Drive. Mr. Fuller states that the subject property is adjacent to a DD#6 right-of-way and is a dead-end section that has not been used since deeded to the City by the subdivision developer in 1956. He owns the lot directly adjacent to the easement as well as the two contiguous lots. His lots all front on Kipling. Mr. Fuller states that the adjacent lots on Littlewood are higher than the adjacent lots on Kipling. Mr. Fuller says that this creates a flooding and water log condition on the Kipling lots. He would like to lower part of the easement and place a drainage conduit to the DD#6 drainage ditch near the property. Mr. Fuller wishes to build on the lot immediately adjacent to the subject property. The City of Beaumont Engineering Division and Time Warner Cable originally objected to the abandonment. The City Engineer has since retracted his objection and has granted approval. It has been determined that Time Warner Cable's facilities are located within the utility easement along the rear of Mr. Fuller's property and not within the street and drainage easement. At a Regular Meeting held March 30, 2009, the Planning Commission recommended approval 7:0 to abandon a 30'x 70.52'portion of an unnamed 30' street and drainage easement located approximately 118' east of the dead-end of Kipling Drive. i BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A 30'X 70.52'PORTION OFAN UNNAMED 30'STREETAND DRAINAGE EASEMENT LOCATED APPROXIMATELY 118' EAST OF THE DEAD-END OF KIPLING DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 30' x 70.52' portion of an unnamed street and drainage easement, beginning at the southeast corner of Lot 22, Block 1, Treadway Place Addition and continuing in a northerly direction for a distance of 70.52' and ending at the northeast corner of Lot 22, Block 1, Treadway Place Addition, City of Beaumont, Jefferson County, Texas, containing 0.048 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of April, 2009. - Mayor Becky Ames - File 44- : Request to abandon a 30' x 70.52' portion of an unnamed 30' street and drainage easement. ocation: 120'-east of dead-end of Mpling pplicant: Harry Fuller 0 100 200 1 i I I Feet BROWNING DR ._ Legend ® 7440B r 's TAFT ST �I _R=S r z t7 R S MILTON DR R-S R=S LITTLEWOOD DR i j R-S R-S s� J� Q. EXHIBIT "A" 4 April 7, 2009 Consider amending Ordinance No. 28, Article III, Water and Sewer Regulations to change the billing structure for apartment complexes and mobile home parks RICH WITH OPPORTUNITY [111E'A,111�1 [1 T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director MEETING DATE: April 7, 2009 REQUESTED ACTION: Council consider approving an Ordinance amending Ordinance No. 28, Article III, Water and Sewer Regulations. RECOMMENDATION Administration recommends amending Ordinance No. 28, Article III, Water and Sewer Regulations Generally, Section 28.50, Water Service Rates and Section 28.51, Wastewater Service Rates, to change the billing structure for apartment complexes and mobile home parks. BACKGROUND A work session was held on February 10, 2009, to discuss the billing structure for water and sewer usage for apartment complexes and mobile home parks. Prior to 1988, apartments and mobile home parks were billed a minimum monthly water and wastewater charge per unit. In 1988, the Ordinance was amended to bill apartments and mobile homes a minimum water and wastewater charge based on the size of the meter. Water usage and wastewater discharges by apartment units and mobile homes are equivalent to a residence. The proposed Ordinance Amendment will establish a billing structure to once again charge them per unit. Apartments and mobile home parks will be defined as having four(4) or more units and to account for vacancies, only 75% of the units will be billed. The impact of the change will be phased in over eighteen (18) months. This amendment is to implement the first phase which will be effective six months from adoption. The change in the billing structure for water usage will be included in Ordinance No.28,Article III, Water and Sewer Regulations Generally, Section 28.50, Water Service Rates by adding the following: Ordinance Amending Ordinance No. 28, Article III, Water and Sewer Regulations Generally March 31, 2009 Page 2 of 2 (d) Effective October 1, 2009, apartment complexes and mobile home parks with four (4) or more units shall be billed a minimum monthly water service rate of: (75% of the number of units) X Minimum monthly water service rate for a 5/8 inch meter 3 The minimum monthly water service rate includes the volume as calculated below: (75% of the number of units) X 1000 gallons 3 Additional usage will be billed based on rates set by the Ordinance. The change in the billing structure for wastewater discharges will be included in Ordinance No.28, Article III, Water and Sewer Regulations Generally, Section 28.5 1, Wastewater Service Rates,by adding the following: (f) Effective October 1,2009,apartment complexes and mobile home park with four(4)or more units shall be billed a minimum monthly wastewater service rate o£ (75% of the number of units) x Minimum monthly wastewater service rate for a 5/8 inch 3 meter The minimum monthly wastewater service rate includes the volume as calculated below: (75% of the number of units) X 1000 gallons 3 Additional usage will be billed based on rates set by the Ordinance. BUDGETARY IMPACT The projected revenue increase to the Water Utilities Department is $300,000.00, beginning in FY 2010. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28, ARTICLE III, SECTIONS 28-50, WATER SERVICE RATES, AND 28-51, WASTEWATER SERVICE RATES, OF THE CODE OF ORDINANCES TO CHANGE THE BILLING STRUCTURE FOR APARTMENT COMPLEXES AND MOBILE HOME PARKS; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28,Article III,Water and Sewer Regulations Generally, Section 28-50, Water Service Rates, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding subsection (d) to read as follows: Sec. 28.50. Water service rates. (d) Effective October 1, 2009, apartment complexes and mobile home parks with 4 or more units shall be billed a minimum monthly water service rate of: (75% of the number of units) X Minimum monthly water service rate for a 5/8 inch meter 3 The minimum monthly water service rate includes the volume as calculated below: (75% of the number of units) x 1000 gallons 3 Additional usage will be billed based on rates set by the Ordinance. Section 2. That Chapter 28,Article III,Water and Sewer Regulations Generally, Section 28-51, Wastewater Service Rates, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding subsection (f) to read as follows: Sec. 28-51. Wastewater service rates. (f) Effective October 1,2009,apartment complexes and mobile home parks with 4 or more units shall be billed a minimum monthly wastewater service rate of: (75%of the number of units) x Minimum monthly wastewater service rate for a 5/8 inch meter 3 The minimum monthly wastewater service rate includes the volume as calculated below: (75%of the number of units) x 1000 gallons 3 Additional usage will be billed based on rates set by the Ordinance. Section 3. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of March 2009. - Mayor Becky Ames - 5 April 7,2009 Consider approving a one(1)year contract for the purchase of various types of manhole covers, manholes and sewer materials RICH WITH OPPORTUNITY 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: April 7, 2009 REQUESTED ACTION: Council consider authorizing the award of a one(1)year contract for various types of manhole covers, manholes and sewer materials. RECOMMENDATION The Administration recommends the award of a contract to ACT Pipe and Supply of Beaumont, Texas for the estimated total annual expenditure of$139,727.80. BACKGROUND Bids were requested for an annual contract for manhole covers, manholes and other sewer related materials for the use by the Water Utilities Department. The materials are used in the repair and installation of sewer lines. Fifteen(15)vendors were notified, with five(5) responding with bids. The bids are as follows: Vendor Total Bid Price ACT Pipe and Supply $139,727.80 Beaumont, Texas CPR Services, dba MDN Enterprises $145,666.92 New Caney, Texas HD Supply Waterworks $176,313.61 Beaumont, Texas Rural Pipe and Supply $188,817.54 Jasper, Texas Coburn's Supply $207,969.58 Beaumont, Texas Contract for the purchase of manhole covers, manholes and sewer materials April 7, 2009 Page 2 BUDGETARY IMPACT Funds are available in the Water Utilities Department's operating budget. RESOLUTION NO. WHEREAS, bids were received for a one (1) year contract for the purchase of manholes, manhole covers and sewer materials for use by the Water Utilities Department; and, WHEREAS, ACT Pipe and Supply of Beaumont, Texas, submitted a bid for an estimated total annual expenditure of$139,727.80 as shown in Exhibit"A"attached hereto and made a part hereof for all purposes; and, WHEREAS, City Council is of the opinion that the bid submitted by ACT Pipe and Supply should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by ACT Pipe and Supply, as shown in Exhibit"A"attached hereto, for a one (1) year contract for the purchase of manholes, manhole covers and sewer materials for use by the Water Utilities Department be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of April, 2009. - Mayor Becky Ames - Bid Tabulation: Contract for Manholes, Manhole Covers,and Sewer Materials Bid Number: PF1109-09 F me: ACT Pipe upply. y/State: Beaumont, Texas one Number: 409 813-2623 ITEM APPROX. DESCRIPTION UNIT TOTAL NO. QTY. COST COST 1 300 4"X 4" DWV REDUCER COUPLING. $2.39 $717.00 4"SEWER HUB X 4" DWV HUB, PVC, 35-40 GLUE ADAPTER 2 700 4"CAP PVC RUBBER GASKET SDR-35 $2.51 $1,757.00 3 50 6"CAP PVC RUBBER GASKET SDR-35 $4.70 $235.00 4 25 8" REPAIR COUPLING. PVC RUBBER GASKET SDR-35 $16.30 $407.50 5 20 12" REPAIR COUPLING. PVC RUBBER GASKET SDR-35 $52.55 $1,051.00 6 500 4" FLEX COUPLING 106-44 CONC. X PVC LONG $2.99 $1,495.00 STYLE HUB WITH SS BANDS. NO OTHERS ACCEPTED. 7 400 6" FLEX COUPLING 106-66 CONC. X PVC LONG $5.70 $2,280.00 STYLE HUB WITH SS BANDS. NO OTHERS ACCEPTED. 8 100 8" FLEX COUPLING 106-88 CONC. X PVC LONG $8.70 $870.00 STYLE HUB WITH SS BANDS NO OTHERS ACCEPTED. 9 25 10" FLEX COUPLING 106-1010 CONC. X PVC $11.75 $293.75 LONG STYLE HUB WITH SS BANDS. NO OTHERS ACCEPTED. 10 100 4" FLEX COUPLING 156-44 C.I. X PVC WITH SS BANDS $2.65 $265.00 11 300 4"STOP GLUE COUPLING SDR 35 $0.95 $285.00 12 100 6" STOP GLUE COUPLING SDR 35 $3.40 $340.00 13 50 8"STOP GLUE COUPLING SDR 35 $10.65 $532.50 14 25 10"STOP GLUE COUPLING SDR 35 $30.24 $756.00 15 300 4"STREET ELL 22-1/2 DEGREE PVC RUBBER GASKET $3.70 $1,110.00 16 25 6" STREET ELL 22-1/2 DEGREE PVC RUBBER GASKET $7.25 $181.25 17 700 4" STREET ELL 45 DEGREE PVC RUBBER GASKET $3.50 $2,450.00 18 20 6" STREET ELL 45 DEGREE PVC RUBBER GASKET $6.99 $139.80 19 4 T FIBERGLASS MANHOLE $425.25 $1,701.00 20 4 4' FIBERGLASS MANHOLE $485.35 $1,941.40 21 3 5' FIBERGLASS MANHOLE $549.25 $1,647.75 22 8 6' FIBERGLASS MANHOLE $609.40 $4,875.20 23 20 6"X 4" BUSHING REDUCER SPIGOT X GASKET HUB SDR 35 $6.99 $139.80 24 7 8"x 6"BUSHING REDUCER SPIGOT X GASKET HUB SDR 35 $21.40 $149.80 25 100 MANHOLE EXTENSION 2"CAST IRON $44.10 $4,410.00 WITHOUT PROTECTIVE COATING 26 40 CAST IRON MANHOLE RING WITHOUT PROTECTIVE COATING $135.45 $5,418.00 27 40 MANHOLE COVER W/ONE HOLE WITH PROTECTIVE COATING $88.20 $3,528.00 28 10 PLUG SDR-35 PVC 4" $1.90 $19.00 29 6 PLUG SDR-35 PVC 6" $2.90 $17.40 30 8 PLUG SDR-35 PVC 8" $10.30 $82.40 31 400 CAST IRON CLEAN OUT LID FOR#37 BOX $20.80 $8,320.00 32 800 4"X 4"WYE 45 DEGREE SDR-35 PVC $6.70 $5,360.00 33 400 6"X 4"WYE 45 DEGREE SDR-35 PVC $13.60 $5,440.00 34 100 8"X 4"WYE 45 DEGREE SDR-35 PVC $20.30 $2,030.00 35 10 10"X 4"WYE 45 DEGREE SDR-35 PVC $61.75 $617.50 36 200 4"SADDLE WYE FLEXIBLE W/STAINLESS BANDS $20.85 $4,170.00 37 1 20 6"SADDLE WYE FLEXIBLE W/STAINLESS BANDS $27.60 $552.00 38 24 6"X 6"WYE SDR-35 PVC $15.40 $369.60 39 1 7'MANHOLE FIBERGLASS $670.25 $670.25 40 5 8'MANHOLE FIBERGLASS $730.30 $3,651.50 41 1 9'MANHOLE FIBERGLASS $789.65 $789.65 42 1 10' MANHOLE FIBERGLASS $849.75 $849.75 43 200 4"COUPLING CLOSURE REPAIR SDR-35 PVC RUBBER GASKET $4.80 $960.00 44 100 6"COUPLING CLOSURE REPAIR SDR-35 PVC RUBBER GASKET $9.60 $960.00 45 1 40 10"COUPLING CLOSURE REPAIR SDR-35 PVC RUBBER GASKET $36.20 $1,448.00 46 20 8"STREET ELL 22-1/2 DEGREE SDR-35 PVC RUBBER GASKET $23.30 $466.00 47 30 8"STREET ELL 45 DEGREE SDR-35 PVC RUBBER GASKET $21.10 $633.00 48 100 17 x 30 Composite meter box. Part#WA03-1730-12C $151.95 $15,195.00 49 600 1"Composite Meter Box. Part#WA03-1118-12C with reader lid $80.25 $48,150.00 TOTAL BID AMOUNT $139,727.80 EXHIBIT "A" 6 April 7, 2009 Consider approving Change Order No. 2 for the Calder Avenue Drainage Project Phase I I RICH WITH OPPORTUNITY 11EA,[114011* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 7, 2009 REQUESTED ACTION: Council consider a resolution approving Change Order No. 2 for the Calder Avenue Drainage Project Phase I. RECOMMENDATION The Administration recommends approval of Change Order No. 2 in the amount of $45,620.40 for adding and deleting construction item quantities to the Calder Avenue Drainage Project Phase I. BACKGROUND On June 10, 2008, City Council awarded Reytec Construction Resources, Inc. the contract for the Calder Avenue Drainage Project Phase I in the amount of$23,733,567.95. Change Order No.1 in the amount of($59,762.39) was approved by City Council on December 8, 2008, decreasing the contract amount to $23,673,805.56. Change Order No. 2 is required to add and delete construction item quantities for roadway and drainage system improvements to the contract. This Change Order in the amount of$45,620.40 will increase the contract amount to $23,719,425.96. A copy of the change order is attached. BUDGETARY IMPACT Funds are available in the Capital Program. CITY OF BEAUMONT 0- Feb.2,2009 PROJECT: Calder Avenue Drainage Diversion and Pavement Improvement Project OWNER: City of Beaumont CONTRACTOR: Reytec Construction Resources Inc. CHANGE ORDER NO.: 02 t#1E; rota pi iEx fit >x T» w rs ..o z... r......tax.... ......... Add Construction Items and/or quantities to the Contract: Item No. Item Code Description Unit Original New Unit Amount uanti nanti Price 6055 001 MICROWAVE DETECTORS EA 17 0.00 $950.00 416,150.00 462 006 JOINT SEALING 14'x10'CONCRETE BOX CULV EA 0 60.00 $300.00 $18,000.00 644 001 INS SM RD SN SUP 8 AM TY 10BWG 1)SA P) EA 67 3 $520.00 -$33,280.00 644 002 INS SM RD SN SUP 8 AM TY 108WG(1)SA(U) EA 2 1 $890.00 4890.00 644 003 INS SM RD SN SUP 8 AM TY S80(2)SA(P-EXAL EA 1 0 $1,260.00 41,260.00 644 005 INS SM RD SN SUP 8 AM TY 13 BWG(1)WA(P) EA 0 61 $490.00 $29,890.00 644 006 INS SM RD SN SUP 8 AM TY 13 BWG(1)WA(U) EA 0 1 $908.00 $908.00 644 007 INS SM RD SN SUP b AM TY 13BWG(2)WA P-EXAL EA 0 1 $1,350.00 $1,350.00 644 004 REMOVE SM RD SN SUP 6 AM EA 32 28 $50.00 -$200.00 340 004 D-GR HMA(METH)TY-D PG64-22 TON 531.7 925.47 $120.00 $47,252.40 ADD TOTAL AMOUNT $45,620.40 ORIGINAL CONTRACT AMOUNT: $23,733,567.95 NET FROM PREVIOUS CHANGE ORDERS: ($59,762.39) TOTAL AMOUNT OF THIS CHANGE ORDER: $45,620.40 PERCENT OF THIS CHANGE ORDER: 0.19% TOTAL PERCENT CHANGE ORDER TO DATE: -0.06% NEW CONTRACT AMOUNT: $23,719,425.96 WNTMICT.CALENDAR DAYS NOT/EFFEC'M Bl I FIIS CHAPfi�E ORt�ER ACCEPTED BY: �✓� CONTRACTOR APPROVED BY: JORIS P.COLBERT,CITY KYLE HAYES,CITY MANAGER ATTESTED BY: TOM WARNER,DIRECTOR OF TINA BROUSSARD,CITY CLERK RESOLUTION NO. WHEREAS, on June 10, 2008, the City Council of the City of Beaumont, Texas, passed Resolution No. 08-174 awarding a contract in the amount of $23,733,567.95 to Reytec Construction Resources, Inc., of Houston, Texas, for a contract for the Calder Avenue Drainage Diversion and Pavement Improvement Project (Phase 1); and, WHEREAS, Change Order No. 1 in the amount of (-$59,762.39) was required to add and delete construction item quantities for roadway and water system improvements to the contract, thereby decreasing the contract amount to $23,673,805.56; and WHEREAS, Change Order No. 2 in the amount of$45,620.40 is required to add and delete construction item quantities for roadway and drainage system improvements to the contract, which would increase the contract amount to $23,719,425.96. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute Change Order No. 2 in the amount of$45,620.40, thereby increasing the contract amount to $23,719,425.96. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of April, 2009. - Mayor Becky Ames -