HomeMy WebLinkAboutRES 11-027 RESOLUTION NO.11-027
WHEREAS, Colburn McClelland has offered to convey a ten foot(10')wide sanitary
sewer easement for property located at 5535 Calder Avenue, said easement being 0.8668
acre out of and part of Block 11, Caldwood Addition, as described in Exhibit"A"and shown
on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of providing
sanitary sewer services; 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 Colburn McClelland, 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 18th day of
January, 2011. __��•.�.���`�
Aw
r �
MayoPbecky Ames -
i1
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
SANITARY SEWER EASEMENT
THAT, COLBURN MCCLELLAND, of the County of Jefferson, State of Texas,
hereinafter called "GRANTORS", for and in consideration of the sum of ONE AND NO/100
DOLLAR ($1.00), and other good and valuable consideration to us 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, have
GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY
unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County,
Texas, its successors and assigns, a Sanitary Sewer Easement and the right to construct, alter,
and maintain said sanitary sewer 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
GRANTORS situated in the County of Jefferson, State of Texas, and being more particularly
described in Exhibit "A" attached and made a part hereof for all purposes.
The easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, removing sanitary sewer lines and
appurtenances, and the following rights are also hereby conveyed:
It is expressly understood and agreed that the City of Beaumont shall have the right of
ingress to and egress from the tract of land hereinbefore described and use of the same for the
purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate
the same as permitted by law.
Grantor agrees not to place any structures or appurtenances within the Easement
Property.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures within the Easement Property.
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 , 20
GRANTORS:
COLBURN MCCLELLAND
ACKNOWLEDGMENTS
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared COLBURN
MCCLELLAND, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that she executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,
20
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy-Engineering
P. O. Box 3827
Beaumont, TX 77704
Fittz&Shipman
INC.
Constelting Engineers and Land Surveyors
" EXHIBIT "A",PAGE 1 OF 2 Ronald D.Fittz,P.E.,R.P.L.S.0 948-1987)
_ CENTERLINE DESCRIPTION Terry C.Shipman,Chairman of Board
FORA Billy J.Smith,Jr.,President
Donald R.King,P.E.
10' WIDE SANITARY SEWER EASEMENT Michelle Falgout,P.E.
ACROSS A Walter J.Ksiazek,R.P1.5.
0.8668 ACRE TRACT
OUT OF
CALDWOOD ADDITION
JEFFERSON COUNTY,TEXAS
JANUARY 4, 2011
That certain centerline description across a called 0.8668 acre tract out of Caldwood
Addition, a plat recorded in Volume 5, Page 14 of the Map Records of Jefferson County,
Texas, and being that same called 0.8668 acre tract conveyed to Blue Water Endeavors,
LLC as recorded in Clerks File No. 2007024076 of the Official Public Records of Jefferson
County, Texas, said 0.8668 acres being more particularly described by the courses and
distances as follows:
Basis of Bearing is along the east line of the said 0.8668 acre tract having been called
South 00°30'00"West 304.49 feet.
COMMENCING at a'/z" iron rod found in the southeasterly right-of-way line of Calder
Avenue for the northeast comer of the said 0.8668 acre tract;
THENCE South 56°00'38"West along the said southeasterly right-of-way line of Calder
Avenue and the north line of the said 0.8668 acre tract a distance of 17.99 feet(called
South 56°00'38"West) to the POINT OF BEGINNING of the said centerline for a 10'wide
sanitary sewer easement from which a 5/8" iron rod found for the northwest comer of the
said 0.8668 acre tract bears South 56 000'38"West 182.00 feet(called South 56°00'38"
West),
THENCE South 00 030'00" East along the said centerline of the 10'wide sanitary sewer
easement a distance of 297.32 feet to a point in the northerly right-of-way line of Laurel
Avenue and the south line of the said 0.8668 acre tract for the POINT OF TERMINATION
of the said centerline for a 10' wide sanitary sewer easement from which a 5/8" iron rod
found for the southeast corner of the said 0.8668 acre tract bears a chord bearing of North
79°01'42" East and a chord distance of 15.25 feet.
This Centerline Description is being submitted along with a plat of even date based on a
survey performed by ittz & Shipman, Inc. on December29, 2010.
Walter J. Ksiazek
Registered Professio al Land Surveyor No. 5321
Fittz&Shipman,Inc. R J. KSIAZF!*
Page l of 1 Mai
Project
Project No. 10003.0115 gg +��
Plat&Description 1405 Cornerstone Court• Beaumont,Texas 77 • 32�' fax(409)832-7303
c
Tx Board of Prof Engineers Firm No. 1160 9 Tx Board o r r0eyors Firm No.100186
POINT OF BEGINNING
EXHIBIT "A", PAGE 2 OF 2 5535 CENTERLINE 10' WIDE
5555 &ATTUE SANITARY SEWER EASEMENT-
CALpER' CALLED S 56'0'3 199.99) 7.99
( r�6'00�S W SANITARY
FOUND S 182.00 SEWER MH i
i� COMMENCING
POINT
FOUND N"
IRON ROD
29.}
B L 0 C K 1 1 ONE Sr
OR Y
8UIO' "E
REMAINDER L "G
e
ON SLAB ^
LOT
0 20 40 � J
N to 29.1
S C A L E e•5
(.
Lo
zN �O�
a;- N �O VR'O� 2
z BLUE WATER ENDEAVORS, LLC c '�
CLERKS FILE NO. 2007024076, O.P.R.J,C. ,DO %. � Q
� Q O ,O
(CALLED 0.8668 ACRE) C)
00 yew :7yy
m
10' WIDE SANITARY `
FOUND " SEWER EASEMENT
IRON ROD
13 ��Q r t a
CENTERUNE
10' WIDE SANITARY ,r °
SEWER EASEMENT W��p J. KStAV:
0 ��y
(O
to
00 4 �•. E59� ��
a o POINT OF TERMINATION
Nv 0 . SURVEYOR'S CERTIFICATION:
CENTERUNE 10 WIDE
o•'met SANITARY SEWER EASEMENT 1 DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELiff,
J N THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE
ON THE GROUND UNDER MY SUPERVISION ON DECEMBER 29, 2010.
<z
LOT 4 y C3
C1 � C2
WALTER J. KSIAZEK
LAUREL AVENUE FOUND " REGISTERED PROFESSION LAND SURVE NO. 5321
FOUND IRON ROD
CAPPED
IRON ROD NUMBER IDELTA RADIUS ARC CHORD CHORD BEARING
Cl 30'58'37" 180.00 97.32 96.14 S 65'58'05" W
CALLED 30'58'42" 180.00 97.32 96.14 S 65'58'37" W
SEWER SANITARY C2 04'51'25" 180.00 15.26 15.25 N 79'01'42" E
C3 26'0712 180.00 82.06 81.35 S 63'32'23" W
0:\PROJECTS\10003\10003-115\10003TS1I S.dwg Jan 07. 2011 09:05om
10' WIDE SANITARY SEWER EASEMENT SHEET NO.
Fittz Shipmaln PROJECT NAME: 5555 & 5535 CALDER AVENUE 2
Consu&vEnginem and I-andSurveprs CALDWOO T, TEXAS PROJECT N0.
1405 CORNERSTONE COURT, BEAUMONT, TEXAS
(409) 832-7238 FAX (409) 832-7303 DATE'1/4/11 10003.0115
EXHIBIT "B"