HomeMy WebLinkAboutRES 10-075 RESOLUTION NO. 10-075
WHEREAS, Beaumont Independent School District has offered to convey a ten foot
(10') wide water line easement for property located at 3500 Pine Street, 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 water services to new additions at Martin
Elementary School; 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 Independent School District, 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 23rd day of
March, 2010.
1
�too,i
t - Mayor Becky Ames -
i
i
Fittz & Shipman
INC
Consulting Engineers and Land Surveyors
EXHIBIT "A", PAGE 1 OF 2
CENTERLINE DESCRIPTION
OF A
10' WIDE EXCLUSIVE WATER LINE EASEMENT
OUT OF THE
A. WILLIAMS SURVEY, ABSTRACT 385
JEFFERSON COUNTY, TEXAS
FEBRUARY 19, 2010
That certain centerline description for a 10' wide exclusive water line easement, 5.0' on each
side of centerline, out of the A. Williams Survey, Abstract 385, Jefferson County, Texas, said
centerline being more particularly described by the following courses and distances:
Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, South
Central Zone#4204.
COMMENCING at a Y2" iron rod found in the east right-of-way line of Pine Street for the
southwest corner of a called 1 acre tract conveyed to R.M. Mack and wife, Edna Le Mack as
recorded in Volume 346, Page 61 of the Deed Records of Jefferson County, Texas and the
northwest corner of the BISD Martin Elementary School tract;
THENCE South 20°01'41" East along the said east right-of-way line of Pine Street and the west
line of the said BISD Martin Elementary School tract a distance of 12.65 feet to a point for the
POINT OF BEGINNING of the said centerline of the 10' wide water line easement from which a
'/z" iron rod found for the northwest corner of Peterson Addition, a plat recorded in Volume 8,
Page 46 of the Map Records of Jefferson County, Texas and the most westerly southwest
corner of the said Martin Elementary tract bears South 20°01'41" East 458.55 feet;
THENCE along the said centerline with the following courses and distances:
North 69 057'03" East a distance of 24.23 feet to an angle point;
North 86 058'19" East a distance of 313.54 feet to an angle point;
South 72°38'14" East a distance of 566.79 feet to an angle point;
South 03 007'08" East a distance of 10.28 feet to an angle point;
South 10 009'40" East a distance of 338.29 feet to a point in the north right-of-way line of
Martin Road for the POINT OF TERMINATION of the said centerline from which a '/" capped
iron rod set for the southeast corner of the said Peterson Addition and the most southerly
southwest corner of the said BISD Martin Elementary School tract bears South 86 017'48"West
530.85 feet.
This description is based on a survey and plat made by Fittz & Shipman, Inc. during December
2008 nd anuary 9. �„tm
rte :< S� JFp`
Alter J. Ksiaze �4 • � r` ��'Jy
tS7 �
Registered Professio I Lan S rveyor No. 5321
FITTZ&SHIPMAN,INC. _< WALTER J. 1 I;
Project No. 09019Wtresmt � ,, y
Plat&Description
I F{
,•q t�ypA g4 7� ®ry�Qe j��� .
1405 Cornerstone Court,• Beaumont, Texas 77706 832-7303
RECEIVED MAR 0 8 2010
NOW OR FORMERLY EXHIBIT "A", PAGE 2 OF 2
COMMENCING R.M. MACK AND WIFE,
POINT EDNA LE MACK
FOUND 1/2" VOL. 346, PG. 61, D.R.J.C.
IRON ROD (CALLED 1 ACRE)
12.65 N 86'58'19" E 510.00
SET 1/2"
_____ CAPPED O
\ _ IRON ROD N
N 86'58'19 E 313.54 w NOW OR FORMERLY
N 69'57'03" E 24.23 \\\\�\ FELIX BURRUS
VOL. 1137, PG. 237, D.R.J.C.
POINT OF \ (CALLED APPROX 6 ACRES)
BEGINNING S
CENTERLINE) Z38'�4 \ o
10' WATER LINE f 566�9� N
EASEMENT
SET 1/2' SET 1/2"
CAPPED CAPPED
IRON ROD IRON ROD
N 86'52'52" E 316.50
NW r s' S 03'07'08" E 10.28 ' 1
a s1-
W
to SURVEYOR'S CERTIFICATION: 1 I
%!� I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF,
THAT THIS IS AN ACCURATE PLAT OF A SURVEY& DESCRIPTION MADE
ON THE GROUND UNDER MY SUPERVISION DURING DECEMBER 2008 AND J Q 4
JANUARY 2009. 1 1
cy U5
a cA. ;°F�r� MI1 w °�
• 1 tR�ca►9s` till 1 0 ED a
WALTER J. KSIAZEK Td U Of
REGISTERED PROFESSIONA AND SURV O NO. 5321 • s01 1 co O:D o
# ° O
WALTER J. KSIAZE:I<
zw O
>
°•� L to� � N
sUkVEA�'@d` �
FOUND 1/2" 3 4 5 6 �"`^,4#,;..'�'y✓~ �
IRON ROD ' 4
2 PETERADDITION
81 SOG 46, RG
1
280.04
1 530.85
S 8617'48" W 810.89 SET 1/2"
M CAPPED
IRON ROD
SET 1/2" MARTIN ROAD
CAPPED
IRON Roo Fittz&Skip -- 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO.
000 Consul En INC. PROJECT NAME: BISD 2
NOTE: BEARINGS ARE REFERENCED TO THE NAD83, nn8 gneersandLandSun�eyors MARTIN ELEMENTARY SCHOOL
%S D A L E TEXAS STATE PLANE COODINATE SYSTEM, 1405 CORNERSTONE COURT, BEAUMONT, TEXAS
SOUTH CENTRAL ZONE �J4204. (409) 832-7238 FAX(409) 832-7303 - BEAUMONT, TEXAS PROJECT NO.
DWG.N0.09019Wlresmt DATE. 09019
Illillllllllllillllllllllllllllllllllllllll EAS 2010021379
IIIIIIIIIilllllll 6 PGS
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT,BEAUMONT INDEPENDENT SCHOOL DISTRICT, of the County of Jefferson,
State of Texas, hereinafter called "GRANTOR", whether one or more, for and in consideration
of the sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable consideration
to it in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson
County,Texas,hereinafter called "GRANTEE",the receipt and sufficiency of which consideration
is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does
GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont,
Texas 77704, Jefferson County, Texas, its successors and assigns, an easement to use, repair,
alter, and maintain a single underground water line and appurtenances on the hereinafter described
lands which said easement is under, over, in and across that certain tract or parcel of land owned
by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly
described in Exhibit "A", attached hereto and made a part hereof for all purposes. Grantor will
have the right to relocate the water line as needed for Grantor's use of the property provided the
relocation is at Grantor' s expense and approved by the City of Beaumont's Water Utilities
Director or similarly-titled representative.
The easement herein granted shall be used for the purpose of operating,repairing,rebuilding,
replacing, relocating, and removing a water line as needed for operation of Grantor's facilities on
the property. The easement shall be exclusive insofar as use of the easement land for underground
utilities is concemed, 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 -4_��— , 2010.
BEAUMO T INDEPEN NT SCHOOL DISTRICT
By
Pr. 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 f Texas
RETURN TO:
City of Beaumont
Ilona N.Baker LANA THOMPSON
P. O. Box 3827 Notary Public,state of Texas
Beaumont,TX 77704 ,� My commission Expires
.At, February 24,2013
bisd martin esmt
Fittz & Shipman
INC
Consulting Engineers and Land Surveyors
EXHIBIT "A", PAGE 1 OF 2
CENTERLINE DESCRIPTION
OF A
10' WIDE EXCLUSIVE WATER LINE EASEMENT
OUT OF THE
A. WILLIAMS SURVEY, ABSTRACT 385
JEFFERSON COUNTY, TEXAS
FEBRUARY 19, 2010
That certain centerline description for a 10' wide exclusive water line easement, 5.0' on each
side of centerline, out of the A. Williams Survey, Abstract 385, Jefferson County, Texas, said
centerline being more particularly described by the following courses and distances:
Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, South
Central Zone#4204.
COMMENCING at a '/z" iron rod found in the east right-of-way line of Pine Street for the
southwest corner of a called 1 acre tract conveyed to R.M. Mack and wife, Edna Le Mack as
recorded in Volume 346, Page 61 of the Deed Records of Jefferson County, Texas and the
northwest corner of the BISD Martin Elementary School tract;
THENCE South 20°01'41" East along the said east right-of-way line of Pine Street and the west
line of the said BISD Martin Elementary School tract a distance of 12.65 feet to a point for the
POINT OF BEGINNING of the said centerline of the 10' wide water line easement from which a
'/z" iron rod found for the northwest corner of Peterson Addition, a plat recorded in Volume 8,
Page 46 of the Map Records of Jefferson County, Texas and the most westerly southwest
corner of the said Martin Elementary tract bears South 20°01'41" East 458.55 feet;
THENCE along the said centerline with the following courses and distances:
North 69°57'03" East a distance of 24.23 feet to an angle point;
North 86 058'19" East a distance of 313.54 feet to an angle point;
South 72 038'14" East a distance of 566.79 feet to an angle point;
South 03 007'08" East a distance of 10.28 feet to an angle point;
South 10°09'40" East a distance of 338.29 feet to a point in the north right-of-way line of
Martin Road for the POINT OF TERMINATION of the said centerline from which a '/s" capped
iron rod set for the southeast corner of the said Peterson Addition and the most southerly
southwest corner of the said BISD Martin Elementary School tract bears South 86 017'48"West
530.85 feet.
This description is based on a survey and plat made by Fittz & Shipman, Inc. during December
2008 d anuary 9. �cA `
Jay S, 0 F 1.4 .,
Registered l Professio Lan rve or No. 5321 r 9��� � � s* '#
y �x s n�
FITTZ&SHIPMAN,INC V1lALTER J. K',A7FK e
Project No.09019Wtresmt ;tt 4 .
Plat&Description
1405 Cornerstone Court,• Beaumont, Texas 77706 • .... � 409) 832-7303
. RECEIVED MAR 03 2010
NOW OR FORMERLY
EXH1131T "A", PAGE 2 OF 2
COMMENCING R.M. MACK AND WIFE,
POINT EDNA LE MACK
FOUND 1/2" VOL. 346, PG. 61, D.R.J.C. r
IRON ROD (CALLED 1 ACRE)
1/2"N 86'58'19" E 510.00
12.65 SET
_ o
N
N 86'58'19" E 313.54 ——\ RON Roo NOW OR FORMERLY
�\ w FELIX BURRUS
N 69'57'03" E 24.23 \ �� \ o VOL. 1137, PG. 237, D.R.J.C.
POINT OF (CALLED APPROX 6 ACRES)
\`\ ro
BEGINNING CENTERLINE S ,23874 °
10' WATER LINE f 566-----
EASEMENT 9 SET 1/2- SET 1/2"
\ CAPPED CAPPED
_ IRON ROD IRON ROD
N 86'52'52" E 316.50
S 03'07'08" E 10.28 I I
SURVEYOR'S CERTIFICATION:
T I I
DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, r Q
HAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE I I
JA THE GROUND UNDER MY SUPERVISION DURING DECEMBER 2008 AND a
OI -
.O JANUARY 2009. �,I I W W o
O == N M
W � III M o
N (� OF t6 rMil I o�
Of a
w
CIA
WALTER J. KSIAZEK b�• G
W1 I 0 C o
REGISTERED PROFESSIONA AND SURV 0 NO. 5327 * •Q' e a . dl I X
oll ° J
WALTER J. KSIAZFK "' z L
oll °
• 0 5321 �y, `n l I 1n
UrrS„ddj. q- 1 I
FOUND 1/2" 3 4 5
IRON ROD I I
PETERSON ADDITION I I 280.04
2 VOL 8, PG. 46, M.R.J.C.
1 530.85
S 86'1748" W 810.89 SET 1/2"
MARTIN ROAD CAPPED
IRON ROD
SET 1/2"
CAPPED 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO.
IRON ROD �;���^���
`ineen INC. PROJECT NAME: BISD 2
SO lOO NOTE: BEARINGS ARE REFERENCED TO THE NAD83, Combing O n0R1 ,EAUU MON TEXAS MARTIN ELEMENTARY SCHOOL PROJECT N0.
E TEXAS STATE PLANE COODINATE SYSTEM, BEAUMONT TEXAS
SOUTH CENTRAL ZONE #4204. (409) 832-7238 FAX (409) 832-7303 DATE:2-19-10 09019
OWC,N0. 09019Wtresmt ,
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
el400r. ewa�
2010 Jun 09, 10:18 AM 2010021379
VILLASANA: $32.00
CAROLYN L. GUIDRY, COUNTY CLERK
JEFFERSON COUNTY, TEXAS
t';o -y OF
I��TgU��tt�Y Ii�E� tf._F
AT TIME QF FILING