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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"