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Home My WebLink AboutRES 10-307 RESOLUTION NO.10-307 WHEREAS, Beaumont Independent School District has offered to convey a ten foot (10') wide water line easement, said easement being out of the H. Williams Survey, Abstract No. 56, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, to the City of Beaumont for the purpose of providing water and fire protection services for Caldwood Elementary School located at 102 Berkshire; 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 statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the easement conveyed by Beaumont Independent School District, 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 December, 2010. :•��,t 1 X 1 1'�l - Mayor Becky Ames - Fittz&Shipman INC. Consuhjn8Eno xeers and Land Surveyors " EKMIT"A",PAGE 1 OF 3 Ronald D.Fittz,P.E,R.PIS.(1948-1987) CENTERLINE DESCRIPTION Terry G.Shiprna ,Chairman of Board . , Bi{lyJ.Smith,Jr.,President OF A Donald R.)Gn&P.E. 10' WIDE EXCLUSIVE WATER LINE EASEMENT Michelle Falg P- P.E. Walter).Ksiazek,R-PAS. OUT OF THE H.WILLIAMS SURVEY,ABSTRACT 56 JEFFERSON COUNTY,TEXAS AUGUST 1'7,2010 REVISED: SEPTEMBER 15,2010 That certain centerline description for a 10'wide exclusive water line easement, 5.0' on each side of centerline, out of the H. Williams Survey, Abstract 56, and being out of a 8.091 acre tract conveyed to Beaumont ISD (aka South Park ISD) as recorded in Volume 1113, Page 272 of the Deed Records of 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 concrete monument(no disc)found in the south right-of-way line of North Caldwood Drive for northwest corner of the said 8.091 acre tract from which a concrete monument(no disc) found for the southwest corner of the said 8.091 acre tract bears Soirth 03°03'50" East 8 18.84 feet; THENCE North 87°19'05" East along the said south right-of-way line of North Caldwood Drive and the north line of the said 8.091 acre tract a distance of 15.00 feet(called North 89 020'05' East)to a point for the POINT OF BEGINNING of the said oenterine of the 10'wide exclusive water line easement from which a W iron rod found at the intersection of the said south right-of- way line of North Caldwood Drive and the west right-of-way line of Berkshire Lane for the northeast corner of the said 8.091 acre tract bears North 87 019'05" East 404.42 feet; THENCE along the said centerline with the following courses and distances: South 03°03'51" East a distance of 654.79 feet to an angle point; North 86°56'10" East a distance of 357.18 feet to an angle point; North 41056'09" East a distance of 23.32 feet to an angle point; North 03 003'50"West, at a distance of 184.51 feet pass a point for the POINTOF BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears South 86°56'10'West 88.90 feet, and continuing a total distance of 255.64 feet to an angle point; North 46°56'10" East a distance of 113.04 feet to a point in the said west right-of-way line of Berkshire Lane and a south line of the said 8.091 acre tract for the POINT OF TERMINATION of the said centerline from which a point for the most easterly comer of the FITTZ&,SHLPM4N,INL: Project No.09048Task 13 Plat&Description 1405 Cornerstone Court- Beaumont,Texas 77706• (409)832-7238 • fax(409) 832-7303 Tx Board of Prof Engineers Firm No.1160 e Tx Board of Prof Land Surveyors Finn No. 100186 EXHIBIT "A" 1 EX-MIT "A", PAGE 2 OF 3 said 8.091 acre tract bears a chord bearing of South 46 009'54" East and a chord distance of 14.53 feet. This description is based on a survey and plat made by Fittz& Shipman, Inc. on August 13, 2010. Walter J. Ksiazek Registered Professional Land Surve or No. 5321 OF T. �OL1V�� C�Q• i WXLTER J. KS[A2� Sul 0; 4ES3ko.-"Q 1(If Q kD E U Fl=&SHIPMAN,INC. Project No. 09048Task 13 Plat&Description EXHIBIT "A", PAGE 3 OF 3 t1L1J rrVVL fVti"r FOUND VOL. 5, PG. 14, M.R.J.C. 4O FOUND CONCRETE CONCRETE MONUMENT LOT 45 LOT 46 LOT 49 LOT 48 LOT 49 LOT 50 MONUMENT NO DISC (CA LED N 01'00'55' W 818.9 ) NO DISC N 030351 W 818.84 LOT 51 �F—_—_—_—_—_—_—_—_ ___ _ SURVEYOR'S CERTIFICATION: I I I S 03'03'51" E 654.79 15,00 1 DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY& DESCRIPTION MADE I I I ON THE GROUND UNDER MY SUPERVISION ON AUGUST 13, 2010. I ( CENTERLINE OF A POINT OF I II 10' WIDE EXCLUSIVE BEGINNING I WATER LINE EASEMENT, CENTERLINE [s7 5' EACH SIDE �? WALTER J. KSIAZEK I I I A REGISTERED PROFESSIONAL Lo SURVEYO N0. 5321 ~ ^ I I N Lo z� N rn I Oiy A w aw I* III BEAUMONT ISD a w o 0 0 q�,O OF r; q 0 w N�3 °I (AKA SOUTH PARK ISD) d $ '�k0' %rTEpk- 0 o rn lto [I I VOL. 1113, PG. 272, D.R.J.0 O O I (CALLED 8.091 ACRES) d' 01 to (CALLED 00 KsIA1a z I I 00 WALTER I°D m � �I( I I z x .A r, H I a I >< � ss�°••�t I I o qti... `'.. I o l l a Z osu�+ I i i pWI I C � II it \l 184.51 rn J L 71.13 ti N 41'56'09" E\——— I 23.32 N 03'03'50" W 255.64 \\�i`rs 7, CALDWOOD, UNIT I \\ F FOUND Sib" "> FOUND A I I VOL. 10, PG. 51, M.R.J.C. \ \\ IRON ROD i IRON ROD CALDWOOD, UNIT II S 46'09'54" E BERKSHIRE LANE 3 VOL. 10, PG. 86, M.R.J.C. POINT OF 14.53 m (CHORD BEARING TERMINATION w AND DISTANCE) CENTERLINE 0 0 s a 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET N0. Fittz&Shipman N INC. PROJECT NAME: BISD 3 kq 0 50 100 C°'u"U"'8E"g°""SO"dl°»ds`°'*°" CALDWOOD ELEMENTARY PROJECT NO. ® NOTE: BEARINGS ARE REFERENCED TO THE NADB3, 1405 CORNERSTONE COURT, BEAUMONT,TEXAS i TEXAS STATE PLANE COODINATE SYSTEM, BEAUMONT, TEXAS 09048-T13 S C A L E SOUTH CENTRAL ZONE #4204. (409) 832-7238 FAX (409) 832-7303 DWG. NO. 09049TSK13wlr°°ml DATE: B-17-10 (5 EAS 2011003694 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 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 concerned, but Grantor reserves the right to use the surface of the easement land for vehicular parking,driveways,landscaping,fencing,and other surface uses that will not interfere with or damage the water line. Grantor shall have the right to pave all or any portion of the surface of the easement land, but no permanent structures or buildings will be constructed on the easement land. Grantor will install the water line at a depth that will not be damaged by the contemplated use of the surface by Grantor. It is expressly understood and agreed that the City of Beaumont shall have the right of access to the water line and appurtenances at all reasonable times to improve,maintain and operate the same as permitted by law,and will attempt to use existing driveways and that portion of Grantor's property that is immediately adjacent to the water line.Non-emergency maintenance and repairs will be with 48 hours prior notice to Grantor. Grantor will be responsible for the initial installation or construction of the water line on Grantor's property in accordance with the plans and specifications included in the utility plan at Grantor's expense. After initial construction of the water line and acceptance by Grantee,Grantee will be responsible for maintenance and repair of the water line and appurtenances at Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the water line that will interfere with the use of the Easement for water line purposes. Grantee shall not be responsible for the repair and replacement of any paving or other structures that may be damaged by Grantee's non-negligent maintenance or repair of the water line and appurtenances. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this 16th day of December , 2010. BEAUMONT EPENDENT OOL DISTRICT By Dr. C of Thomas, u erintendent 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 16th day of December, 2010 2010. No ary Public, State 4 Texas RETURN TO: City of Beaumont Antoinette Hardy- Engineering ;��• e;% P. O. Box 3827 ;a;• .�; ✓!-A NA THOMPSON Beaumont,TX 77704 = Notary Public,State of Texas My commission Expires February,24,2013 Fittz&Shipman INC. Consulting Engineers and Land Surveyors = EXHIBIT "A",PAGE 1 OF 3 Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) CENTERLINE DESCRIPTION Terry G.Shipman,Chairman of Board Billy J.Smith,Jr.,President OF A Donald R.King,P.E. 10' WIDE EXCLUSIVE WATER LINE EASEMENT Michelle Falgout,P.E. OUT OF THE Walter).Ksiazek,R.P.L.S. H.WILLIAMS SURVEY,ABSTRACT 56 JEFFERSON COUNTY,TEXAS AUGUST 17,2010 REVISED: SEPTEMBER 15,2010 That certain centerline description for a 10' wide exclusive water line easement, 5.0' on each side of centerline, out of the H. Williams Survey, Abstract 56, and being out of a 8.091 acre tract conveyed to Beaumont ISD (aka South Park ISD) as recorded in Volume 1113, Page 272 of the Deed Records of 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 concrete monument(no disc)found in the south right-of-way line of North Caldwood Drive for northwest corner of the said 8.091 acre tract from which a concrete monument(no disc)found for the southwest corner of the said 8.091 acre tract bears South 03°03'50" East 818.84 feet; THENCE North 87°19'05" East along the said south right-of-way line of North Caldwood Drive and the north line of the said 8.091 acre tract a distance of 15.00 feet(called North 89 020'05" East)to a point for the POINT OF BEGINNING of the said centerline of the 10' wide exclusive water line easement from which a '/Z" iron rod found at the intersection of the said south right-of- way line of North Caldwood Drive and the west right-of-way line of Berkshire Lane for the northeast corner of the said 8.091 acre tract bears North 87 019'05" East 404.42 feet; THENCE along the said centerline with the following courses and distances: South 03°03'51" East a distance of 654.79 feet to an angle point; North 86 056'10" East a distance of 357.18 feet to an angle point; North 41056'09" East a distance of 23.32 feet to an angle point; North 03 003'50"West, at a distance of 184.51 feet pass a point for the POINT OF BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears South 86°56'10"West 88.90 feet, and continuing a total distance of 255.64 feet to an angle point; North 46 056'10" East a distance of 113.04 feet to a point in the said west right-of-way line of Berkshire Lane and a south line of the said 8.091 acre tract for the POINT OF TERMINATION of the said centerline from which a point for the most easterly corner of the FITTZ&SHIPMAN,INC. Project No.09048Task 13 Plat&Description 1405 Cornerstone Court- Beaumont,Texas 77706- (409)832-7238•fax(409)832-7303 Tx Board of Prof Engineers Firm No.1160 a Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT "A",PAGE 2 OF 3 said 8.091 acre tract bears a chord bearing of South 46 009'54" East and a chord distance of 14.53 feet. This description is based on a survey and plat made by Fittz& Shipman, Inc. on August 13, 2010. Ix Walter J. Ksiazek Registered Professional Land Surve or No. 5321 0 F tg , yYALTER J. KSiAZt Sul •�'b'4"i S o. 4 ! 1104,..• U FITTZ&SHIPMAN,INC. Project No.09048Task 13 Plat&Description EXHIBIT "A�, PAGE 3 OF 3 CALDWOOD COMMENCING POINT FOUND VOL. 5, PG. 14, M.R.J.C. FOUND CONCRETE O LOT 47 LOT 48 LOT 49 LOT 50 CONCRETE MONUMENT LOT 45 LOT 46 MONUMENT NO DISC (CALLED N 01'00'55" W 818.9 ) NO DISC N 03'03 51 W 818.84 LOT 51 - - - -- - - - - -- - - - - _ - - - - _ - - - - _ - - - - SURVEYOR'S CERTIFICATION: I I S 03'03'51" E 654.79 15.00 1 DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE I I I ON THE GROUND UNDER MY SUPERVISION ON AUGUST 13, 2010. I I CENTERLINE OF A POINT OF 10' WIDE EXCLUSIVE BEGINNING Qw,/ WATER LINE EASEMENT, CENTERLINE 5' EACH SIDE WALTER J. KSIAZEK I I A REGISTERED PROFESSIONAL L SURVEYO N0. 5321 ^I N °o � Lo z d n I `r o ci E to wI l 't W O �,�'Q„,D,j F S* a o>ti J� r I BEAUMONT ISD _ ;o°o o o )SS o VOL. 1113, PG. 272, D.R.J.0^o o * 0 at (CALLED 8.091 ACRES)o N st W W °° z WTER'L a� I c I N 0A� z _D x►��U iii �'•��S��G•{c` III � Q'i E gkoL` ` I I I ?- oI I Q Z II 0- 3 l 00 III - - -184.51- - N J L71.13 y i N 41'56'09" E� - - - - - - - - I 23.32 N 03'03'50" W 255.64 r CALDWOOD, UNIT I \ \\\ FOUND w" FOUND )¢" I I I VOL. 10, PG. 51, M.R.J.C. \ IRON ROD IRON ROD CALDWOOD, UNIT II \ VOL. 10, PG. 66, M.R.J.C. S 46ro9 54" E BERKSHIRE LANE E 14.53 POINT OF w (CHORD AND DISTANCE) TERMINATION CENTERLINE 0 0 U O V1 m 4D 10 WIDE EXCLUSIVE WATER LINE EASEMENT SHEET N0. Fittz&Shipman INC. PROJECT NAME: BISD 0 0 50 100 NOTE: BEARINGS ARE REFERENCED TO THE NADB3, ConsulangFineas and Land Suaveyors CALDWOOD ELEMENTARY 3 ii TEXAS STATE PLANE COODINATE SYSTEM, 1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS PROJECT N0. S C A L E SOUTH CENTRAL ZONE #4204. (409) 832-7238 FAX (409) 832-7303 DATE: 8-17-10 09048—T13 O DWG. N0. 09048TSK13wtresmt