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Home My WebLink AboutRES 09-378 RESOLUTION NO. 09-378 WHEREAS, Beaumont Independent School District has agreed to convey two (2) ten-foot (10') wide water line easements, being situated in the H. Williams League, Abstracts No. 385 and 56, Beaumont,Jefferson County,Texas, as described in and shown on Exhibits "A" and "B" attached hereto, to the City of Beaumont to provide water services for new additions at Austin Middle School (3410 Austin Street)and Marshall Middle School (6455 Gladys Avenue); and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easements conveyed by Beaumont Independent School District, as described in and shown on Exhibits "A" and "B," be and the same are hereby accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of December, 2009. Mayor Becky Ames _ FAUST 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 FIELD NOTE DESCRIPTION FOR THE CENTERLINE OF A 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF THE H. WILLIAMS LEAGUE,ABSTRACT NO. 385 BEAUMONT, JEFFERSON COUNTY, TEXAS November 18, 2009 Being a 10 foot wide strip of land situated in the H. Williams League, Abstract No. 385, Jefferson County, Texas and being out of and part of a called 12.733 acre tract conveyed to Beaumont Independent School District as recorded in Volume 1050 Page 361 of the Deed Records of Jefferson County, Texas; said centerline of the 10 foot wide strip of land being more particularly described as follows: COMMENCING at a 1/2" iron rod found on the north right-of-way line of Austin Street at the intersection of the frontage road of Eastex Freeway same being the southeast corner of said 12.733 acre tract; THENCE South 86°54'52" West along said north right-of-way line of Austin Street, a distance of 504.00 feet to the POINT OF BEGINNING of the herein described 10 foot wide easement; THENCE 5 feet each side of the following described centerline; North 02 043125" West, a distance of 222.00 feet to the point of termination of said 10 foot wide exclusive waterline easement.. Page 1 EXHIBIT "A" LEGAL FOR EASEMENTS This description is based on the survey made by Richard F. Faust, P. E., Registered Professional Land Surveyor No. 4782 on April 1, 2009. Richard F. Faust, P.E. ? ,�; r Registered Professional Land Surveyor No. 4782 Page 2 A " 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF THE H. WILLIAMS SURVEY, ABSTRACT NO.385 BEAUMONT, JEFFERSON COUNTY, TEXAS SCALE 1"=60' CALLED 12.733 ACRES B.I.S.D. AUSTIN MIDDLE SCHOOL VOL. 1050 PG. 361 D.R.J.C. PROPOSED FIRE HYDRANT & VAL VE PROPOSED 10, WIDE EXCL USI VE WA TERLINE EASEMENT W N 02'43'25" W W ti °o I 222 00' W cy- o o� �z I ? X �N� W W �a� �; I H w> POINT OF ExrsriNC W g BEGINNING I F1RE HYDRANT FOUND 1/2" IRON ROD S 86 54 52" W EEhlSTINC 12" WATERLINE 504.00' AUSTIN STREET COMMENCING POINT RICHARD F. FAUST REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 PREPARED BY: Date: NOVEMBER 18, 2009 OF co e� �0 9cn RICHARD F.FAUST °9 4782 Qy 2 ENGINEERING AND SURVEYING, INC. 9�iO cESS�O�yO 2525 CALDER STREET w BEAUMONT, TEXAS 77702 SUR`� (409) 813-341D FAX (4D9)813-3484 090143 FAUST 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 FIELD NOTE DESCRIPTION FOR THE CENTERLINE OF A 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF THE H. WILLIAMS LEAGUE,ABSTRACT NO.56 BEA UMONT, JEFFERSON COUNTY, TEXAS November 20, 2009 Being a 10 foot wide strip of land situated in the H. Williams League, Abstract No. 56, Jefferson County, Texas and being out of and part of a called 16.00 acre tract conveyed to South Park I.S.D. ( now known as B.I.S.D.) as recorded in Volume 1226 Page 435 of the Deed Records of Jefferson County, Texas; said centerline of the 10 foot wide strip of land being more particularly described as follows: COMMENCING at a 1/2" iron rod found on the west right-of-way line of Dowlen Road same being the northeast corner of Sheraton Woods a subdivision of record in Volume 10 Page 196 of the Map Records of Jefferson County, Texas. THENCE North 00°10'30" East along said west right-of-way line of Dowlen Road, a distance of 229.36 feet to a point; THENCE North 00'25'15" West continuing along said west right-of- way line of Dowlen Road, a distance of 67.00 feet to the POINT OF BEGINNING of the herein described 10 foot wide easement; THENCE 5 feet each side of the following described centerline; South 89°38'43" West, a distance of 321.00 feet to the point of termination of said 10 foot wide exclusive waterline easement. Page 1 EXHIBIT "B" LEGAL FOR EASEMENTS This description is based on the survey made by Richard F. Faust, P. E., Registered Professional Land Surveyor No. 4782 on April 30, 2009. Richard F.ICaust, P. '9fid,N ..r.... Registered Professional Land Surveyor No. 4782 _..... ' 4M ,Q' Page 2 A N 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF THE H. WILLIAMS SURVEY, ABSTRACT NO.56 BEAUMONT, JEFFERSON COUNTY, TEXAS scaLE 1""=60' r i POINT OF PROPOSED PROPOSED BEGINNING FIRE HYDRANT! 10' WIDE EXCL USI VE WA TERLINE & SAL VE EASEMENT — — — — — — — — PROPOSED 6" C-900 WATERLINE — — — — — — — — — — — C - - - - - - - - - - - - - - S 8938'43' W N 0025'15" W 321.00' 67 00' I I� I� CALLED 16.008 ACRES B.I.S.D. MARSHALL MIDDLE SCHOOL VOL. 1226 PG. 435 D.R.J.C. C) � W Q LI I Q) Z ° I J EXISTING O FIRE HYDRANT & SAL VF PROPERTY LINE FOUND 1/2' SHERATON WOODS IRON ROD VOL.10 PG.196 M.R.J.C. COMMENCING POINT rpou� RICHARD F. FAUST REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 PREPARED BY: Date: NOVEMBER 20, 2009 OF T� Q G�SrF9 RICHARD F.FAUST C> °9 4782 P�Q ENGINEERING AND SURVEYING, INC. 9�i�FSS\O�J� 2525 CALDER STREET BEAUMONT, TEXAS 77702 SURD (4 09) 813-3410 FAX (409) 813-34B4 090192 IIIIIIIIIIIIIIIIIIIIIIIIIIIIililllllllllllllllllllllllllllll EAS 2010021377 7 PGS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT,BEAUMONT INDEPENDENT SCHOOL DISTRICT, of the County of Jefferson, State of Texas, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County,Texas,hereinafter called "GRANTEE",the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, an easement to use, repair, alter, and maintain a single underground water line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A" and "B", attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate the water line as needed for Grantor's use of the property provided the relocation is at Grantor's expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled representative. The easement herein granted shall be used for the purpose of operating,repairing,rebuilding, replacing, relocating, and removing a water line as needed for operation of Grantor's facilities on the property. The easement shall be exclusive insofar as use of the easement land for underground utilities is concerned, bu Grantor reserves the right to use the surface of the easement land for vehicular parking,driveways,landscaping,fencing,and other surface uses that will not interfere with or damage the water line. Grantor shall have the right to pave all or any portion of the surface of the easement land, but no permanent structures or buildings will be constructed on the easement land. Grantor will install the water line at a depth that will not be damaged by the contemplated use of the surface by Grantor. It is expressly understood and agreed that the City of Beaumont shall have the right of access to the water line and appurtenances at all reasonable times to improve, maintain and operate the same as permitted by law, and will attempt to use existing driveways and that portion of Grantor's property that is immediately adjacent to the water line. Non-emergency maintenance and repairs will be with 48 hours prior notice to Grantor. Grantor will be responsible for the initial installation or construction of the water line on Grantor's property in accordance withe plans and specifications included in the utility plan at Grantor's expense. After initial construction of the water line and acceptance by Grantee, Grantee will be responsible for maintenance and repair of the water line and appurtenances at Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the water line that will interfere with the use of the Easement for water line purposes. Grantee shall not be responsible for the repair and replacement of any paving or other structures that may be damaged by Grantee's non-negligent maintenance or repair of the water line and appurtenances. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this / day of , 2010. BEAUMO T INDEPENDENT SCHOOL DISTRICT By, r. Carrol Th-olihas, Superintendent ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT SCHOOL DISTRICT, and that he executed the same for the purposes and consideration expressed and in the capacity therein stated. ��JJ GIVEN UNDER MY HAND AND SEAL OF OFFICE, this T day of 2010. _ Notary Public, Stat of Texas RETURN TO: City of Beaumont Ilona N. Baker P. O. Box 3827 Beaumont, TX 77704 bisd\austin esmt FAUST 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 OF 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF THE H. WILLIAMS LEAGUE,ABSTRACT NO. 385 BEAUMONT, JEFFERSON COUNTY, TEXAS November 18, 2009 Being a 10 foot wide strip of land situated in the H. Williams League, Abstract No. 385, Jefferson County, Texas and being out of and part of a called 12.733 acre tract conveyed to Beaumont Independent School District as recorded in Volume 1050 Page 361 of the Deed Records of Jefferson County, Texas; said centerline of the 10 foot wide strip of land being more particularly described as follows: COMMENCING at a 1/2" iron rod found on the north right-of-way line of Austin Street at the intersection of the frontage road of Eastex Freeway same being the southeast corner of said 12.733 acre tract; THENCE South 86°54'52" West along said north right-of-way line of Austin Street, a distance of 504.00 feet to the POINT OF BEGINNING of the herein described 10 foot wide easement; THENCE 5 feet each side of the following described centerline; North 02°43'25" West, a distance of 222.00 feet to the point of termination of said 10 foot wide exclusive waterline easement. Page 1 EXHIBIT A 2 OF 2 LEGAL FOR EASEMENTS This description is based on the survey made by Richard F. Faust, P. E., Registered Professional jaASurveyor No. 4782 on April 1, 2009. ,�h•p18TE9�0'. Richard F. Faust, P.E. Registered Professional Land Surveyor No. 4782 irotiW F.RUST ....., .. ,r 4782 SLON Page 2 EXHIBIT B A N • 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF THE H. WILLIAMS SURVEY, ABSTRACT NO.385 BEAUMONT, JEFFERSON COUNTY, TEXAS SCALE 1" 60' CALLED 12.733 ACRES B.I.S.D. AUSTIN MIDDLE SCHOOL VOL. 1050 PG. 361 D.R.J.C. PROPOSED FIRE HYDRANT & SAL VE PROPOSED 10' WIDE EXCL U51 VE WA TERLINE EASEMENT 3 I I N 024325" W W ti °o I 222.00' W o W v I I L- F= Q� a oI I X F � I W a° Q) w ~ o � J r I Q a° POINT OF o BEGINNING I FIE EXISTING HYDRANT W Q & SAL VE U I I FOUND 112 IRON ROD ___ S 86 54 52"" W EXISTING 12 WATERLINE 504.00' AUSTIN STREET COMMENCING POINT RICHARD F. FAUST REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 PREPARED BY: Date: NOVEMBER 18, 2009 P G\S TF,9 -f Q� * 0 9cn RICHARD F.FAUST ENGINEERING AND SURVEYING, INC. s�RV�'� 2525 CALDER STREET BEAUMONT, TEXAS 77702 (409) 813-3410 FAX (409)813-3484 090143 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2010 Jun 09, 10:18 AM 201 0021317 VILLASANA: $36.00 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY, TEXAS BAR, 4F VC)iREGOAG 1OSTRU o OAF L tAG IIIIIIIIIIIIIillllllllllllllllllllllllllllllllllllllllllllll EAS 2010021378 7 PGS STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, BEAUMONT INDEPENDENT SCHOOL DISTRICT, of the County of Jefferson, State of Texas, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND N01100 DOLLAR ($1.00), and other good and valuable consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County,Texas,hereinafter called "GRANTEE",the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, an easement to use, repair, alter, and maintain a single underground water line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A" and "B", attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate the water line as needed for Grantor's use of the property provided the relocation is at Grantor's expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled representative. The easement herein granted shall be used for the purpose of operating,repairing,rebuilding, replacing, relocating, and removing a water line as needed for operation of Grantor's facilities on the property.The easement shall be exclusive insofar as use of the easement land for underground utilities is concerned, bu Grantor reserves the right to use the surface of the easement land for vehicular parking,driveways,landscaping,fencing,and other surface uses that will not interfere with or damage the water line. Grantor shall have the right to pave all or any portion of the surface of the easement land, but no permanent structures or buildings will be constructed on the easement land. Grantor will install the water line at a depth that will not be damaged by the contemplated use of the surface by Grantor. It is expressly understood and agreed that the City of Beaumont shall have the right of access to the water line and appurtenances at all reasonable times to improve, maintain and operate the same as permitted by law, and will attempt to use existing driveways and that portion of Grantor's property that is immediately adjacent to the water line. Non-emergency maintenance and repairs will be with 48 hours prior notice to Grantor. Grantor will be responsible for the initial installation or construction of the water line on Grantor's property in accordance withe plans and specifications included in the utility plan at Grantor's expense. After initial construction of the water line and acceptance by Grantee, Grantee will be responsible for maintenance and repair of the water line and appurtenances at Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the water line that will interfere with the use of the Easement for water line purposes. Grantee shall not be responsible for the repair and replacement of any paving or other structures that may be damaged by Grantee's non-negligent maintenance or repair of the water line and appurtenances. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of 2010. BEAUMON INDEPEND NT SCHOOL DISTRICT By 6r. Carrol Thomas, Superintendent ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT SCHOOL DISTRICT, and that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ' 2010. Notary Public, State of Texas RETURN TO: City of Beaumont """'+++ LANA THOMPSON Ilona N. Baker s'. e`'�'= Notary Public,State of Texas P. O. Box 3827 .€ My Commission Expires Beaumont, TX 77704 �•a�� February 24, bisd\marshall esmt 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 OF 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF THE H. WILLIAMS LEAGUE,ABSTRACT NO.56 BEAUMONT,JEFFERSON COUNTY, TEXAS November 20, 2009 Being a 10 foot wide strip of land situated in the H. Williams League, Abstract No. 56, Jefferson County, Texas and being out of and part of a called 16.00 acre tract conveyed to South Park I.S.D. ( now known as B.I.S.D.) as recorded in Volume 1226 Page 435 of the Deed Records of Jefferson County, Texas; said centerline of the 10 foot wide strip of land being more particularly described as follows: COMMENCING at a 1/2" iron rod found on the west right-of-way line of Dowlen Road same being the northeast corner of Sheraton Woods a subdivision of record in Volume 10 Page 196 of the Map Records of Jefferson County, Texas. THENCE North 00°10'30" East along said west right-of-way line of Dowlen Road, a distance of 229.36 feet to a point; THENCE North 00'25'15" West continuing along said west right-of- way line of Dowlen Road, a distance of 67.00 feet to the POINT OF BEGINNING of the herein described 10 foot wide easement; THENCE 5 feet each side of the following described centerline; South 89°38'43" West, a distance of 321.00 feet to the point of termination of said 10 foot wide exclusive waterline easement. Page 1 EXHIBIT A 2 OF 2 LEGAL FOR EASEMENTS This description is based on the survey made by Richard F. Faust, P. E., Registered Professional Land Surveyor No. 4782 on April 30, 2009. Richard F. Faust, P.E. r�* Registered Professional Land Surveyor No. 4782 4 Page 2 i EXHIBIT B A N 1 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF THE H. WILLIAMS SURVEY, ABSTRACT NO.56 BEAUMONT, JEFFERSON COUNTY, TEXAS SCALE.- 1" 60' POINT OF PROPOSED PROPOSED BEGINNING FIRE HYDRANT 10' WIDE EXCLUSIVE WATERLINE & SAL VE EASEMENT — — — — — — — PROPOSED 6` C-900 WATERLINE — — — — — — — — — — - - — — — — — — — — — — — — — S 893843° W N 0025'15"" W 321.00' 6700" I IJ CALLED 16.008 ACRES B.I.S.D. j MARSHALL MIDDLE SCHOOL VOL. 1226 PG. 435 D.R.J.C. N �_ cl O LLI 0 EXIST/NG F/RE HYDRANT & SAL VE" 1 PROPERTY LINE FOUND 112" SHERATON WOODS IRON ROD VOL.10 PG.196 M.R.J.C. COMMENCING POINT le;--4D rp"- RICHARD F. FAUST REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 PREPARED BY: Date: NOVEMBER 20, 2009 OF Q O\S TFq RCHARD F.FAUST 'O 4782 � < 9 PQ ENGINEERING AND SURVEYING,INC. 9ifi�FSS\O�J� 2525 CALDER STREET BEAUMONT, TEXAS 77702 SUR`� (409) 813-3410 FAX (409) 813-3484 090192 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2010 Jun 09, 10:18 AM VILLASANA: $36.00 1010011378 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY, TEXAS PART OF FOREGOING INSTRUMENT ILLEGIBLE AT TIME OF FILING