HomeMy WebLinkAboutRES 11-066 RESOLUTION NO.11-066
WHEREAS,the Beaumont Independent School District has agreed to convey a ten
(10)foot wide exclusive water line easement, said easement being out of the A. Williams
Survey, Abstract No. 385, 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 French Elementary School located at 3525 Cleveland Street; 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 the 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 15th day of
February, 2011.
iAr ,1111
1
Mayor ecky Ames -
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 Iand 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
EXHIBIT "A"
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 day of ,2011.
BEAUMONT INDEPENDENT SCHOOL DISTRICT
By
Dr. 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 satne 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 2011.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy-Engineering
P. O. Box 3827
Beaumont,TX 77704
Fittz&Shipman
INC.
1 Consulting Engineers and Land Surveyors
EXHIBIT"A" PAGE 1 OF 3 Ronald D. Fittz,P.E.,R.P.L.S.(1948-1987)
Terry G.Shipman,Chainnan of Board
CENTERLINE DESCRIPTION Billy J.Smith,Jr.,President
FOR A Donald R.King,P.E.
Michelle Falgout,P.E.
10' WIDE EXCLUSIVE WATER LINE EASEMENT Walter J.Ksiazek,R.P.L.S.
OUT OF THE
A. WILLIAMS SURVEY,ABSTRACT 385
JEFFERSON COUNTY,TEXAS
JANUARY 11,2011
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, and
being out the BISD French Elementary School tract,Tax No. 247406-000-000200-00000-8, said
centerline being more particularly described by the following courses and distances:
Note: Basis of Bearing is along the north right-of-way line of Taft Street and the south line of the
BISD French Elementary tract being assumed West.
COMMENCING at a capped iron rod found at the intersection of the west right-of-way line of
Cleveland Avenue and the north right-of-way line of Taft Street for the southeast corner of the
said French Elementary School tract from which a 2 '/2" iron pipe found at the intersection of the
said west right-of-way line of Cleveland Avenue and the south right-of-way line of Arthur Lane
for the northeast corner of the said French Elementary tract bears North 01°59'52"West 660.81
feet;
THENCE West along the said north right-of-way line of Taft Street and the south line of the said
French Elementary School tract a distance of 843.29 feet to the POINT OF BEGINNING of the
said centerline for a 10'wide exclusive water line easement from which a capped found for the
southeast corner of Block 9 of Lynwood Terrace Addition, a plat recorded in Volume 8, Page
125 of the Map Records of Jefferson County, Texas and the southwest corner of the said
French Elementary School tract bears West 44.56 feet;
THENCE along the said centerline of the 10'wide water line easement with the following
courses and distance:
North 00 001'16"West a distance of 362.67 feet to an angle point;
North 89°56'36" East a distance of 212.09 feet to an angle point and the POINT OF
BEGINNING of Tap A from which the POINT OF TERMINATION of said Tap A bears North
89 056'36"West 25.19 feet;
North 00 00319"West a distance of 297.50 feet to a point in the said south right-of-way
line of Arthur Lane and the north line of the said French Elementary School tract for the
POINT OF TERMINATION of the said centerline of the 10'wide exclusive water line easement
from which a capped iron rod found for the northeast corner of said
Ruz&Shipman,Inc.
Page 1 of 2
Project No.09048Task22
Plat&Description 1405 Cornerstone Court• Beaumont,Texas 77706 • (409)832-7238 - fax(409) 832-7303
Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186
EXHIBIT"A", PAGE 2 OF 3
Block 9 and the northwest corner of French Elementary School tract bears South 89 059'51"
West 256.48 feet.
This Centerline Description is being submitted along with a plat of even date based on a survey
performed by Fittz& Shipman, Inc. on January 5, 2011.
Walter J. Ksiazek
Registered Professional Land Sury or No. 5321
A
WALT" d. KSIAZFt.
ZJ�$An%A*4-'r•• d
Fittz&Shipman,life.
Page 2 of 2
Project No.09048Task22
Plat&Description
SURVEYOR'S CERTIFICATION: JriA llr 0A PAGE S OF S
1 00 HERESY CERTIFY, TO T'EIE BEST OF MY KNOVAEDGE A.ND BELIEF. POINT OF TERMINATION
ON IS AN ACCURATE PLAT OF A SURVEY k DESCRIPTION MADE CENTERLINE 10' WIDE
ON THE GROUND UNDER MY SUPERVISION ON JANUARY 5, 2011. EXCLUSIVE WATER
LINE EASEMENT
Fouuo j����
'.PALTER J.KSIAZEK CAPPED � +�-+`•+� r"FOUND 2 1/2'
REGISTERED PROFESSIONAL LAND VEYOR N0. 5 1 IRON RQa N 89'5951' E 865.07 IRON PIPE
256-48 608.59
wo
I
,0 Fr"tk4 I i
W CENTERLINE 10' WIDE
# RFG•s* z ''I, EXCLUSIVE WATER
` F n LINE EASEMENT z
WALTER J. KSIAZF! Q o � » II ao W
6iZ1 q <m z 0 I �
_L2 L4 d
•••�FSb�.! C7 ¢i v 3 TAP A
V a N SISD
! r o II FRENCH ELEMENTARY rn
p II TAX NO. 247406 000 DGC20 00000 8 -
E 3 z II m
z
� Z III �
IPOINT OF BEGINNING m
CENTERLINE 10' W10E _
m EXCLUSIVE WATER X
I LINE EASEMENT W
14 1 IV 843.29
WEST 887.86 COMMENCING
FOUND (ASSUMED BASIS OF BEARINGS) POINT
CAPPED IRON ROD TA" STR F
SS r1j� CAPPED
E IRON ROD
u
s
NUMBER DIRECTION DISTANCE
L1 N 00'01 16- W 362.67
°
0 L2 N 89'56'36 E 212.09
L3 N 00'03'19' W 297.50
?r L4 N 89'56'36' E 25.19
0 100 2 0
o
$ A L Fittz&Shipman 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO.
INC. PItOJEC!' NAME-- BISD 3
FRENCH ELEMENTARY
PROJECT N0.
1405 CORNERSTONE COURT, B-c0UMCNT, TEXAS BEAUMONT, TEXAS
o (409)832-72M FAX(409)83e-7303 DATE'1-5-11 TASK
EAS 2011011355
7 PGS
FRENC]-. EXHIBIT "F"
Page 5 of 7
STATE OF TEXAS X
I�;NOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE]ILASE;1VIE;NT'
THAT, BEAUMONT INDEPENDET 11-1` SCHOOL DISTRICT, of the County of
Jefferson, State of Texas, hereinafter called "10FIZ:A:NI['OR", 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, here tiafter rallled. "GRANTEE", the receipt and
sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and
CONVEYED, and by these presents does GRt'►INT, 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 descrilbed 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
EXHIBIT "F"
will not interfere with or damage the water line. Grantor shall have the right to pavFa#w64W
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.
i
EXECUTED this 17th day of March ,2011.
BEAUMONT INDEPENDENT SCHOOL DISTRICT
By fA
Dr. Carro omas, Superintendent
1
EXHIBIT "F"
Page 7 of 7
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.
17th March
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of 2011.
tANA TNOt 0 otary Public, S to of Texas 14M4-4 WW451j-�
Notary Public,state of Texas
My Commission Expires
RETURN TO: �y;�o�tE�,'' February 24,2013
City of Beaumont
Antoinette Hardy-Engineering
P.O.Box 3827
Beaumont,TX 77704
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)
Terry G.Shipman,Chairman of Board
_- CENTERLINE DESCRIPTION Billy J.Smith,Jr., President
FOR A Donald R.King,P.E.
Michelle Fal out,P.E.
10' WIDE EXCLUSIVE WATER LINE EASEMENT Walter J. Ksiazek,R.P.L.S.
OUT OF THE
A. WILLIAMS SURVEY,ABSTRACT 385
JEFFERSON COUNTY, TEXAS
JANUARY 11,2011
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, and
being out the BISD French Elementary School tract, Tax No. 247406-000-000200-00000-8, said
centerline being more particularly described by the following courses and distances:
Note: Basis of Bearing is along the north right-of-way line of Taft Street and the south line of the
BISD French Elementary tract being assumed West.
COMMENCING at a capped iron rod found at the intersection of the west right-of-way line of
Cleveland Avenue and the north right-of-way line of Taft Street for the southeast corner of the
said French Elementary School tract from which a 2 '/2" iron pipe found at the intersection of the
said west right-of-way line of Cleveland Avenue and the south right-of-way line of Arthur Lane
for the northeast corner of the said French Elementary tract bears North 01 059'52"West 660.81
feet;
THENCE West along the said north right-of-way line of Taft Street and the south line of the said
French Elementary School tract a distance of 843.29 feet to the POINT OF BEGINNING of the
said centerline for a 10'wide exclusive water line easement from which a capped found for the
southeast corner of Block 9 of Lynwood Terrace Addition, a plat recorded in Volume 8, Page
125 of the Map Records of Jefferson County, Texas and the southwest corner of the said
French Elementary School tract bears West 44.56 feet;
THENCE along the said centerline of the 10' wide water line easement with the following
courses and distance:
North 00°01'16" West a distance of 362.67 feet to an angle point;
North 89 056'36" East a distance of 212.09 feet to an angle point and the POINT OF
BEGINNING of Tap A from which the POINT OF TERMINATION of said Tap A bears North
89°56'36"West 25.19 feet;
North 00 003'19"West a distance of 297.50 feet to a point in the said south right-of-way
line of Arthur Lane and the north line of the said French Elementary School tract for the
POINT OF TERMINATION of the said centerline of the 10' wide exclusive water line easement
from which a capped iron rod found for the northeast corner of said
Fittz&Sitipman,Inc.
Page 1 of 2
Project No.09048Task22
Plat&Description 1405 Cornerstone Court• Beaumont, Texas 77706• (409)832-7238 • fax(409) 832-7303
Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186
f
EXHIBIT "A", PAGE 2 OF 3
Block 9 and the northwest corner of French Elementary School tract bears South 89 059'51"
West 256.48 feet.
This Centerline Description is being submitted along with a plat of even date based on a survey
performed by Fittz & Shipman, Inc. on January 5, 2011.
Walter J. Ksiazek
Registered Professional Land Sury yor No. 5321 ,.'��o0i r`,k9
�'�.•61StERF�,t.s. .
WALTER J. KS1AZFt l
f�•.••58�;.�Q
evvii
Fittz&Shipman,Inc.
Page 2 of 2
Project No.09048Task22
Plat&Description
SURVEYOR'S CERTIFICATION: 1♦ MA PAGE 3 OF 3
1 DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, POINT OF TERMINATION
THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE
ON THE GROUND UNDER MY SUPERVISION ON JANUARY 5, 2011. CENTERLINE 10' WIDE
EXCLUSIVE WATER
LINE EASEMENT
FOUND
WALTER J. KSIAZEK CAPPED ARTHUR LME FOUND 2 1/2"
REGISTERED PROFESSIONAALAND VE YOR NO. 532 IRON ROD IRON PIPE
N 8959'51" E 865.07
�ZE
OF TF4, s 256.48 I I 608.59
WALTER J. KSIAZEK z I I CENTERLINE 10' WIDE
III``� EXCLUSIVE WATER
•" HEtri1 �I►': q P4 o r I I J LINE EASEMENT to
o
Z
SS i
L2 z^ TO a AP A
CE w I— a- I BISD 0 a -
0 FRENCH ELEM ENTARY
ENTARY
a,
a Op m o 0 TAX NO. 247406 000 00020 00000 8 0
E z II z
z
CL
III J
U
POINT OF BEGINNING
° II CENTERLINE 10' WIDE
EXCLUSIVE
N II LINE EASEMENT
843.29
WEST 887.86 COMMENCING
FOUND (ASSUMED BASIS OF BEARINGS) POINT
Im TAFT STREET CAPPED
CAPPED
IRON ROD
E
m IRON ROD
N NUMBER DIRECTION DISTANCE
co
L1 N 00'01'16" W 362.67
L2 N 89'56'36" E 212.09
0 L3 N 00'03'19" W 297.50
N L4 N 89'56'36" E 25.19
Y
N
0 100 200
co mw
cn S c A L E FittZ Shl ma 1�' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET N0.
In p
W in. PROJECT NAME: 3
Co sE and Land s�o,s BISD
FRENCH ELEMENTARY PROJECT NO.
i 1405 CORNERSTONE COURT, BEAUMONT, TEXAS TEXAS BEAUMONT,
d (409) 832-7238 FAX (409) 832-7303 09048
DATE: 1-5-11 TASK 22