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HomeMy WebLinkAboutPACKET MAR 08 2011 RICE RTES OPPORTUNITY BEAUMON* T • E • S • A * 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 8,2011 1:30 P.M. CONSENT AGENDA * Approval of minutes—February 22,2011 * Confirmation of committee appointments Sandra Womack would be appointed as Vice Chairman of the Police Department Community Advisory Committee. The term would commence March 8,2011 and expire March 7,2012. (Mayor Becky Ames) A) Approve the purchase of 19 mobile computers for the Police Department B) Authorize the acquisition of properties(6420-6490 Eastex Freeway) for the Concord Road Pavement Widening Project C) Authorize the acquisition of property(0.3509 acre out of Thomas Spear Survey,Abstract No. 50) for the Concord Road Pavement Widening Project D) Authorize the acquisition of property(6085 Concord Road) for the Concord Road Pavement Widening Project E) Authorize the acquisition of property(0.0310 acre out of F. Bigner Survey,Abstract No. 1) for the Concord Road Pavement Widening Project F) Authorize the acquisition of property(5035 Concord Road) for the Concord Road Pavement Widening Project G) Authorize the acquisition of property(5065 Concord Road) for the Concord Road Pavement Widening Project H) Approve exercising an option to extend a contract for investment management services I) Approve a contract with Jefferson County for rental of election equipment and supplies for the May 14, 2011 General Election J) Authorize the City Manager to submit an application to the Texas Department of Transportation for temporary use of State of Texas right-of-way for the Gusher Marathon K) Approve a resolution to write-off uncollectible water accounts L) Authorize the acceptance of a Drainage Easement from Charles Dennings M) Authorize the City Manager to execute a one year lease agreement for use of the property at 8155 Phelan Blvd. for EMS Med No. 4 N) Approve accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Bayou Willow Parkway, Part II O) Approve an annual contract for Fire Department Uniforms RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Beginning Expiration Appointment Commission of Term of Term Sandra Womack- Police Department Community 03/08/11 03/07/12 Vice Chairman Advisory Board PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - A RICH WITH OPPORTUNITY r C ► � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider approving the purchase of nineteen(19) mobile computers for the Police Department. RECOMMENDATION The administration recommends approval of the purchase from Austin Ribbon and Computer Supply, of Dallas, in the amount of$80,661.65. BACKGROUND Pricing was obtained through the State of Texas Department of Information (DIR). DIR provides cities and political subdivisions with the means to purchase information technology at volume prices contracted under the procurement statutes of the State of Texas. Mobile computers in police patrol vehicles are used to receive calls for service, GPS mapping, vehicle and warrant information, and incident reporting. The current computers are nearing the end of their useful life. A total of one hundred nine (109)units need to be replaced. Ten (10) units have already been replaced, this request replaces an additional nineteen (19) units and additional grant funding is being sought for the remainder. BUDGETARYIMPACT Funding is available from a Department of Homeland Security (FEMA) Buffer Zone Protection Program Grant. There is no required match by the City. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of nineteen (19)mobile computers, for use by the Police Department, from Austin Ribbon and Computer Supply, of Dallas, Texas, through the State of Texas Department of Information Resources (DIR) contract, in the amount of$80,661.65 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY B 10 11 r City Council Agenda Item T E • X • A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of properties for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-one (6 1)parcels of land from East Lucas to Highway 105 are being acquired. The owner of the property listed below, has agreed to convey its property to the City: Parcel #58 0.3573 acre out Thomas Spear Survey, Abstract No. 50 (6420-6490 Eastex Freeway) Value: $121,000.00 Owner: GECMC 2005-C2 Eastex Freeway, LLC The acquisition of the right of way is recommended for approval by the City Manager and Public Works Director. BUDGETARYIMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit"A"and shown on Exhibits"B"and "C,"attached hereto, for the Concord Road Pavement Widening Project: Parcel #58: 0.3573 acre out of Thomas Spear Survey, Abstract No. 50 (6420-6490 Eastex Freeway) Value: $121,000.00 Owner: GECMC 2005-C2 Eastex Freeway, LLC 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 purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, GECMC 2005-C2 EASTEX FREEWAY, LLC, of the County of , State of , hereinafter called GRANTOR for and in consideration of the sum of ONE HUNDRED TWENTY-ONE THOUSAND AND NO/100 ($121,000.00) DOLLARS 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, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit "A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and EXHIBIT "A" singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by,through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2011. GECMC 2005-C2 EASTEX FREEWAY, LLC STATE OF TEXAS X COUNTY OF X This instrument was acknowledged before me on , 2011, by , its for GECMC 2005-C2 EASTEX FREEWAY, LLC, 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 on behalf of said GEMC 2005-C2 EASTEX FREEWAY, LLC,that he/she executed the same for the purpose and consideration expressed and in the capacity stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of , 2011. Notary Public, State of RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 March 2009 Parcel 58 Page 1 of 6 EXHIBIT— County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 58 Being a 0.3573 acre (15,564 square feet) of land, situated in the Thomas Spear Survey, Abstract No. 50, out of and part of that certain called 13.38 acre tract of land having been conveyed to Parkdale Village, L.P. from SGI Beaumont-I Ltd., by deed dated March 4, 2005 and being recorded under Clerk's File No. 2005008427 of the Real Property records of Jefferson County, Texas, said 0.3573 (15,564 square feet) acre of land being more particularly described as follows; COMMENCING at the most Westerly corner of the said 13.38 acre Parkdale Village, L.P. tract and the most Southerly corner of that certain called 9.10 acre tract of land, also being identified as Tract One, having been conveyed to 6640, Inc. from Sheldon Greenburg, by deed dated February 22, 2000 and being recorded under Clerk's File No. 2000006443 of the Real Property records of Jefferson County, Texas; THENCE, NORTH 40°44'24" EAST, along the Northwesterly line of the said 13.38 acre Parkdale Village, L.P. tract and the Southeasterly line of the said 9.10 acre 6640, Inc. tract for a distance of 858.12 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of- way of Concord Road and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, SOUTH 50 022'31" EAST, continuing along the Northwesterly line of the said 13.38 acre Parkdale Village, L.P. tract and the Southeasterly line of the said 9.10 acre 6640, Inc. tract for a distance of 19.31 feet to a point for corner, said corner being the North corner of the said 13.38 acre Parkdale Village, L.P. tract and the East corner of the said 9.10 acre 6640, Inc. tract, and said corner being in the existing Southwest right-of-way of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 924.93 feet and being subtended by a chord bearing SOUTH 42°57'49" EAST having a chord length of 188.87 feet; 2) THENCE, SOUTHEASTERLY, along said curve for an arc length of 189.20 feet to a point for corner in the existing Southwest right-of-way of Concord Road; March 2009 Parcel 58 Page 2 of 6 EXHIBIT_ 3) THENCE, SOUTH 37°06'12" EAST, along the existing Southwest right-of-way of Concord Road for a distance of 264.14 feet to a point for comer, said corner also being the beginning of a curve turning to the left having a radius of 230.00 feet and being subtended by a chord bearing SOUTH 58°33'45" EAST having a chord length of 168.28 feet; 4) THENCE, SOUTHEASTERLY, along said curve for an arc length of 172.28 feet to a point for corner in the existing Southwest right-of-way of Concord Road, said point being in the West right-of-way of Judy Lane, said point also being the most Northeasterly corner of the said 13.38 acre Parkdale Village, L.P. tract; 5) THENCE, SOUTH 16°23'17" EAST, along the West right-of-way of Judy Lane for a distance of 90.35 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 1246.00 feet and being subtended by a chord bearing NORTH 49 025'02" WEST having a chord length of 214.64 feet; 6) THENCE, NORTHWESTERLY, along said curve for an arc length of 214.91 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way of Concord Road; 7) THENCE, NORTH 36 040'32" WEST, along the proposed Southwest right-of-way of Concord Road for a distance of 52.14 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of- way of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 1240.00 feet and being subtended by a chord bearing NORTH 39 038'36" WEST having a chord length of 105.81 feet; 8) THENCE, NORTHWESTERLY, along said curve for an arc length of 105.84 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way of Concord Road; 9) THENCE, NORTH 37°11'51" WEST, along the proposed Southwest right-of-way of Concord Road for a distance of 140.84 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of- way of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 960.00 feet and being subtended by a chord bearing NORTH 42°37'23" WEST having a chord length of 181.54 feet; March 2009 Parcel 58 Page 3 of 6 EXHIBIT_ 10)THENCE, NORTHWESTERLY, along said curve for an arc length of 181.81 feet to the POINT OF BEGINNING and containing 0.3573 acre (15,564 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed January 2009 GIVEN UNDER MY HAND AND SEAL THIS THE $ DAY OF March 2009. OF r Mark W. Whiteley, RPLS #3636 a LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED 'M. W. WHITELEY & ASSOCIATES' TXD❑T CONTROL MONUMENT O PARCEL NUMBER o FND PROPERTY CORNER AS NOTED POWER POLE CONCORD 19 qD ✓G�r PROPOSED ROW LINE P.O.B. EXISTING ROW LINE PARCEL 58 F 58 PROPERTY LINE SURVEY LINE CALLED 9.10 ACRES TRACT ONE CALLED 13.38 ACRES COUNTY LINE 664 , INC. PARKDALE VILLAGE, L.P. CF 8 NO R2000bO64403 MARCH 4 2005 OPRJC CF. NO. 2005008427 OPRJC P.O.0 PARCEL 58 FND. 518" 1. ROD PARENT TRACT N.T.S. BEARINGS. AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED JANUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. r'4 '.s F.p rv4 m EXISTING TAKING REMAINING ACRES ACRES/(S.F) ACRES PARCEL 58, MARK W. WHITELEY 13. 38 0. 3573/(15,564) 13. 0227 AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 58 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 409-892-0421 (FAX) 409-892-1346 SCALE 1 " = 50 MARCH 2009 SHEET 4 OF 6 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 924.93' 189.20' 188.87' S42°57'49"E 11'43'14" C4 1240.00' 105.84' 105.81 N39°38'36"W 04°53'26" C5 960.00' 181 .81 ' 181 .54' N42'37'23"W 10°51 '03" N M CONCORD ROAD �N � CL CURVE DATA 222+00 EXIST I `� PI STA.=221+41.79 — a o NG RIGHT OF WAY cn Ln =16°53'44" _ N 81000.0000' C 1 N37, , w T 14 8.518 8' PROP 0S > > > 51"W / a r L294.8821' ED BASELINE 4 •84' cn Ch293.8149' C5 S37.06, w Li D05°43'46" 221+82.66 EXISTING 264 14'� cn 40,OOLT P.O.B. PAR. 58 N37 1'51"w RIGHT 219+93.27 PROPpSEp R140-84' O F WAY - z I40.00LT OF WAY C4 J m = 1- 218+52.44 u m CALLED 13.38 ACRES 58 40.00LT 60 _� PARKDALE VILLAGE, L.P. 06 CF. H20b5008427 CL CURVE DATA w Ln OPRJC PI STA.=215+14.19 CALLED 9.10 ACRES 00 A=33'16'00" LLJ TRACT ONE y R1200.0000' S�4v0 T358.4954' FEBRUARY C YY 22 2000 �Pg p, 5 L696.7347' CF. NO.OPROCb06443 0 �S S�C� 1� Ch686.9893' z R��PBS�R D04'46'29" PARCEL PLAT SHOWING P.O.C. PAR. 58 LINE BEARING DISTANCE PARCEL 58 FND 5/8" L1 N40'44'24"E 19.31' CONCORD ROAD JEFFERSON COUNTY I. ROD SCALE 1 " = 50' MARCH 2009 SHEET 6 OF 6 g SAS S' 59 \G� 218+0 S37•p612„ PROPOSED BASELINE E 264. 14' Lu Li o3s �tiF C4 N36'443 2„w 52.14' PROPOSED RIGHT OF WAY 0,001-T w � 217+50.00 w o 217+00.00 C3 214+93.03 U 4 46.00LT� 46.00LT ~ 58 a_p w X Z CALLED 13.38 ACRES W PARKDALE VILLAGE, L.P. = MARCH 4 2005 CF. NO. 2065008427 Q OPRJC CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C2 230.00' 172.28' 168.28' S58'33'45"E 42'55'05" C3 1246.00' 214.91 ' 214.64' N49'25'02"W 09'52'56" C4 1240.00 105.84' 105.81 ' N39'38'36"W 04.53'26" CL CURVE DATA PI STA.=215+14.19 PARCEL PLAT 0=33'16'00" SHOWING R1200.0000' PARCEL 58 T358.4954' L696.7347 CONCORD ROAD JEFFERSON COUNTY Ch686.9893' D04'46'29" SCALE 1 " = 50' MARCH 2009 SHEET 5 OF 6 RICH WITH OPPORTUNITY i City Council Agenda Item T • E • X • A • S TO: City Council FROM: Kyle Hayes, City Manager P.ID, PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of properties for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-one (61)parcels of land from East Lucas to Highway 105 are being acquired. The owner of the property listed below, has agreed to convey his property to the City: Parcel #57 0.3509 acre out Thomas Spear Survey, Abstract No. 50 Value: $90,000.00 Owner: June Marie Badon The acquisition of the right of way is recommended for approval by the City Manager and Public Works Director. BUDGETARYIMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit"A"and shown on Exhibits"B"and "C,"attached hereto,for the Concord Road Pavement Widening Project: Parcel #57: 0.3509 acre out of Thomas Spear Survey, Abstract No. 50 Value: $90,000.00 Owner: June Marie Badon 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 purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, JUNE MARIE BADON, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of NINETY THOUSAND AND NO/100 ($90,000.00) DOLLARS 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, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit"A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging, unto the said EXHIBIT "A" GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of 52011. JUNE MARIE BADON STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by JUNE MARIE BADON. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 March 2009 Parcel 57 Page 1 of 5 EXHIBIT_ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 57 Being a 0.3509 acre (15,284 square feet) of land, situated in the Thomas Spear Survey, Abstract No. 50, out of and part of that certain called 24,743 square foot tract of land having been conveyed to June Marie Badon, As Trustee of the June Marie Badon Revocable Living Trust from June Marie Badon, by deed dated July 28, 1997 and being recorded under Clerk's File 9722295 of the Real Property records of Jefferson County, Texas, said 0.3509 (15,284 square feet) acre of land being more particularly described as follows; COMMENCING at the most Southerly corner of that certain called 5.446 acre tract having been conveyed to David Clifton Walker, Mark Douglas Walker and Roger Scott Walker, by deed dated December 8, 1995, and being recorded under Clerk's File 9536057 of the Real Property records of Jefferson County, Texas, SAVE AND EXCEPT that certain called 24,743 square-foot portion thereof heretofore conveyed by Lonnie C. Walker to June Bade by deed dated April 28, 1982, recorded in Volume 2382, Page 55 of the Deed Records of Jefferson County, Texas, said point also being in the East right of way line of Judy Lane, and from said point a 5/8" iron rod with cap stamped "M. W. Whiteley and Associates" bears NORTH 86 027'48" EAST a distance of 1.67'; THENCE, NORTH 04°53'12" WEST, along the East right-of-way of Judy Lane for a distance of 99.80 feet to a point for comer; THENCE, NORTH 07°31'12" WEST, continuing along the East right-of-way of Judy Lane for a distance of 100.00 feet to a point for corner; THENCE, NORTH 10°14'12" WEST, continuing along the East right-of-way of Judy Lane for a distance of 100.00 feet to a point for corner; THENCE, NORTH 12°5012" WEST, continuing along the East right-of-way of Judy Lane for a distance of 100.00 feet to a point for corner; THENCE, NORTH 16°08'12" WEST, continuing along the East right-of-way of Judy Lane for a distance of 67.47', said point being the most Southerly corner of the said Badon tract, also said point being the most Westerly corner of the said Walker tract and the POINT OF BEGINNING of the parcel herein described; March 2009 Parcel 57 Page 2 of 5 EXHIBIT 1) THENCE, NORTH 16 008'12" WEST, continuing along the East right-of-way of Judy Lane for a distance of 107.54 feet to a point for corner, said comer being in the existing Southerly right-of-way of Concord Road and the most Westerly corner of said Badon tract, said corner also being the beginning of a curve turning to the left having a radius of 230.00 feet and being subtended by a chord bearing NORTH 65 010'48" EAST having a chord length of 150.06 feet; 2) THENCE, NORTHEASTERLY, along said curve for an arc length of 152.86 feet to a point for corner in the existing Southerly right-of-way line of Concord Road; 3) THENCE, NORTH 46 00827" EAST, along the existing Southerly right-of-way of Concord Road for a distance of 24.27 feet to a point for corner, said corner being the most Northerly corner of the said Badon tract, said corner also being the most Westerly corner of that certain called 0.31 acre tract of land having been conveyed to Harvey Night and wife, Betty J. Night from Robert S. Sawyer by deed dated January 13, 1981 and being recorded under Volume 2289 Page 59 of the Deed Records of Jefferson County, Texas; 4) THENCE, SOUTH 43°44'12" EAST, along the Northesterly line of the said Badon tract and the Southwesterly line of the said Night tract for a distance of 35.77 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed East right-of-way line of Concord Road; 5) THENCE, SOUTH 31 056'02" WEST, along the proposed East right-of-way line of Concord Road for a distance of 112.49 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed East right-of-way line of Concord Road; 6) THENCE, SOUTH 13 003'58" EAST, along the proposed East right-of-way line of Concord Road for a distance of 34.67 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed East right-of-way line of Concord Road, said point being in the South line of the said Badon tract and also in the North line of the said Walker tract; 7) THENCE, NORTH 43 048'38" WEST along the South line between the said Badon tract and the North line of the said Walker tract for a distance of 100.84 feet to the POINT OF BEGINNING and containing 0.3509 acre (15,284 square feet) of land. March 2009 Parcel 57 Page 3 of 5 EXHIBIT A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and comers are truly shown just as found at the time of the survey. Surveyed January 2009 GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF March 2009. Q ;N ............................... M.W.WHiTELEY . •'49...3636• w Mark W. Whiteley, RPLS #3636 '•°`ESS,o;•�© LEGEND ■ SET 5/8' I. R. WITH CAP STAMPED 'M. W. WHITELEY & ASSOCIATES' TXDOT CONTROL MONUMENT CALLED 0.31 ACRES HARVEY NIGHT ET UX JANUARY 13 1981 xx PARCEL NUMBER VOL. 2289 �G. 59 DRJC O FND PROPERTY CORNER AS NOTED EXISTING POWER POLE ROAD CONCORD PROPOSED ROW LINE CALLED 24,743 SQ.FT 57 JUNE MARIE BADON EXISTING ROW LINE JULY 28, 1997 CF. NO. 9722295 PROPERTY LINE OPRJC — SURVEY LINE P . . 58 PARCEL 55A 'R-0 COUNTY LINE CONCO,QO S&O o "040 m CALLED 5.446 ACRES S&E 24,743 SQ. FT. DAVID CLIFTON WALKER MARK DOUGLAS WALKER ROGER SCOTT WALKER DECEMBER 8, 1995 CF. NO. 9536057 OPRJC FND 5j8" I. ROD W/'MWW CAP BEARS P.O.0 PARCEL SSB N86'27'48"E 1.67' CALC. CORNER PARENT TRACT NOTES: N.T.S. EXISTING AND REMAINING AREAS SHOWN ARE APPROXIMATE. ALL BEARINGS SHOWN ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983 (NAD 83), 1,993 ADJUSTMENT. ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY A COMBINED ADJUSTMENT FACTOR OF . BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED JANUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. � � .OF. T.d P kG` F• •° EXISTING TAKING REMAINING r z ACRES ACRES/(S.F.) ACRES ILI0, 568 03509/(15,28 PARCEL 57,. 4) 0, 2171 MARK W. WHITEL AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 57 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 SCALE 1 " = 50' MARCH 2009 409-892-0421 (FAX) 409-892-1346 SHEET 4 OF 5 EXHIBIT "B" LINE BEARING DISTANCE CALLED 0.31 ACRES L 1 N04'53'1 2"IN 99.80' w HARVEY NIGHT ET UX c� JANUARY 13 1981 L2 N07°31'12"W 100.00' Q 56 VC, . 2289 �G. 59\ L3 N 10'14'12"W 100.00' DRJC Q ' \ �� 213+80.36 L4 N12'50'12;;W 100.00' �o L5 N1 6'08'12 W 67.47' w .00 o v 187,8ORT o M L6 N46'08'27"E 24.27' v�� Q L7 S43'44'121 35.77' rn LS S 13'03'58 E 34.67' PR 50 a- E 0 LL- z ��p $S�RPpR Pp N O CALLED 24,743 SQ.FT ►- JUNE MARIE BADON Q w JULY 28, 1997 gegNQ W � �� F CF. N0. 9722295 Rq/( ONFQ 0 o �OPRJC o Oq G�� ��C� G Ln o= cO �G � z 213+83.86 a CALLED 5.446 ACRES O DAVID CLIFTON WALKER 75,35RT a MARK OGER DOUGLAS - _ z 213 +58.96 < DECEMBER 8 1995 U w CF. NO. 9536057 J '�� 49.95RT OPRJC m o G�l X ° x`215+00 7D �p w �c� PROPOSED BASELINE E-- cD z 1 J 00 P.O.B. PAR. 57 5B n <s Qf v CL CURVE DATA (�O PI STA.=215+14.19 1- cn o A=33'16'00" PARCEL PLAT o °O 81200.0000' 2� SHOWING Q � T358.4954' <� FND 5 8" I. ROD L696.7347' \ W/"MWW' CAP BEARS PARCEL 57 Ch686.9893' O.C. PAR. 57 <r' N86 27 48 E 1.67 CONCORD ROAD JEFFERSON COUNTY w D04'46'29" CALC . CORNER SCALE 1 " = 50' MARCH 2009 u v SHEET 5 OF 5 RICH WITH OPPORTUNITY D r C i[1110 City Council Agenda Item T • E • X • A S TO: City Council FROM: Kyle Hayes, City Manager O• PREPARED BY: Patrick Donart, Nblic Works Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of properties for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-one (61)parcels of land from East Lucas to Highway 105 are being acquired. The owner of the property listed below, has agreed to convey his property to the City: Parcel #53A& 53B 0.0907 acre out F. Bigner Survey Abstract No. 1 (6085 Concord Road) Value: $12,000.00 Owner: New Hope Primitive Baptist Church The acquisition of the right of way is recommended for approval by the City Manager and Public Works Director. BUDGETARYIMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit "A" and shown on Exhibits "B" and "C" & described in Exhibit "D" and shown on Exhibits "E" and "F" attached hereto, for the Concord Road Pavement Widening Project: Parcel #53A & 5313: 0.0907 acre out of F. Bigner Survey, Abstract No. 1 (6085 Concord Road) Value: $12,000.00 Owner: New Hope Primitive Baptist Church 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 purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, NEW HOPE PRIMITIVE BAPTIST CHURCH, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of TWELVE THOUSAND AND NO/100 ($12,000.00) DOLLARS 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, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit "A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and EXHIBIT "A" singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2011. NEW HOPE PRIMITIVE BAPTIST CHURCH Jan McCall Mary Ann Sirmens David Blackshear Luke McCall Mitchell McCall ACKNOWLEDGEMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of ,2011,by JAN MCCALL. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of ,2011, by MARY ANN SIRMENS. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 20115 by DAVID BLACKSHEAR. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of ,2011, by LUKE MCCALL. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of ,2011,by MITCHELL MCCALL. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 June 2009 Parcel 53A Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 53A Being a 0.0259 acre (1,129 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain tract of land having been conveyed to New Hope Primitive Baptist Church of Beaumont, Texas from N. M. Harris by deed dated September 18, 1930 and being recorded under Volume 348 Page 444 of the Deed Records of Jefferson County, Texas, said 0.0259 (1,129 square feet) acre of land being more particularly described as follows; COMMENCING at a 5/8" iron rod found for a Southeasterly exterior ell corner of the said New Hope Primitive Baptist Church of Beaumont, Texas tract, and a interior ell corner of that certain called 0.75 acre tract of land, also being identified as Tract No. 1, having been conveyed to Richard E. Bonura from D. R. Barry by deed dated May 10, 1960 and being recorded under Volume 1213 Page 89 of the Deed Records of Jefferson County, Texas, said point also being in the Northeasterly line of the abandoned T&NO RR right-of-way; THENCE, NORTH 02°26'03" WEST along the boundary line between the said New Hope Primitive Baptist Church of Beaumont, Texas tract and the said 0.75 acre Bonura tract for a distance of 190.21 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 53 023'49" WEST, along the proposed Southwest right-of-way line of Concord Road for a distance of 44.66 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right- of-way line of Concord Road, said corner being in the Northwest line of the said New Hope Primitive Baptist Church of Beaumont, Texas tract and in the Southeast line of the remainder of that certain called 0.545 acre tract of land having been conveyed to The Texas National Bank of Beaumont from T. H. Bowers and Mabel G. Bowers by deed dated October 15, 1935 and being recorded under Volume 406 Page 75 of the Deed Records of Jefferson County, Texas; June 2009 Parcel 53A Page 2of4 EXHIBIT— 2) THENCE, NORTH 33 057'58" EAST along the boundary line of the said New Hope Primitive Baptist Church of Beaumont, Texas, and the remainder of the said 0.545 acre The Texas National Bank of Beaumont tract for a distance of 37.20 feet,to point for corner in the existing Southwest right-of-way line of Concord Road, said corner being the most Easterly corner of the remainder of the said 0.545 acre The Texas National Bank of Beaumont tract, also said corner being the most Northerly corner of the said New Hope Primitive Baptist Church of Beaumont, Texas tract; 3) THENCE, SOUTH 52°18'17" EAST, along the existing Southwest right-of-way line of Concord Road for a distance of 16.50 feet to a 1 1/2" iron pipe found for corner, said corner being the Northeast corner of the said New Hope Primitive Baptist Church of Beaumont, Texas and also said corner being the Northwest corner of the said 0.75 acre Bonura tract; 4) THENCE, SOUTH 02°26'03" EAST, along the boundary line between the said New Hope Primitive Baptist Church of Beaumont, Texas tract and the said 0.75 acre Bonura tract for a distance of 47.44 feet to the POINT OF BEGINNING and containing 0.0259 acre (1,129 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual 'survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed February 2009 GIVEN UNDER MY HAND AND SEAL THIS THEI-4 DAY OF JUNE 2009. OF 4 a, Mark W. Whiteley, RPLS #3636 LEGEND ■ SET 5/8` I. R. W I TH CAP STAMPED "C I TY OF BEAUM❑NT ROW MONUMENT" 0 TXDOT CONTROL MONUMENT xz PARCEL NUMBER 0 FND PROPERTY CORNER AS NOTED • POWER POLE PARENT TRACT PROPOSED ROW LINE N.T.S. EXISTING ROW LINE PROPERTY LINE CO~C�R� ROAD SURVEY LINE COUNTY LINE REMAINDER OF 53A P.0.B. CALLED 0.545 ACRES PARCEL 53A THE TEXAS NATIONAL BANK OF BEAUMONT OCVOB4065PG175 CALLED 0.5 ACRES DRJC - NEW HOPE PRIMITIVE RICHARD E BONURA p BAPTIST CHURCH MAY 10, 1960 p SEPTEMBER 18, 1930 VOL 1213 PG 89 VOL 348 PG 444 DRJC DRJC 3 CFi�j � o P.O.0 PARCEL 53A FND. 5/8" L ROD F. BIGNER SURVEY ABSTRACT NO. 1 BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. - r •f�\ p� �. ,:p) )ee i n ... '•� '�`� EXISTING TAKING REMAINING F•,° ` ' ACRES ACRES/(S-F) ACRES PARCEL 53A, 0. 51 12 0. 0259/(1129) D. 4853 +MARK . WHITELEY D ASSOCIATES INCORPORATED PARCEL PLAT TING ENGINEERS, S H OW I N G ORS, AND PLANNERS PARCEL 5 3 A © CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77728-5492 BEAUMONT, TEXAS 77703 SCALE 1 " = 50' JUNE 2009 409-892-0421 (FAX) 409-892-1348 SHEET 3 OF 4 EXHIBIT "B" i 55A O04D O _ _ 202+00, 1 1/2" I. PIPpR 3B / C2 OppSEp EXIST/N G (^ � BgSEL INEE=� OEN ERC INE- P.O.B. PAR. 53B N53' _ 23 49'w I ST I NO RIGNT OF L 52 202+30.76 44.66' PROPOSED RIGH WAS 54 46.00LT r OF WA Y CALLED 0.252 ACRES REMAINDER OF 201+86.08 I JAMES M. CANIZARO CALLED 0.545 ACRES BUILDING 46.00LT AUGUST 19, 1981 THE TEXAS NATIONAL 53A >< VOL 2332 PG 384 BANK OF BEAUMONT CALLED 0.75 ACRES W \ DRJC OCTOBER 15, 1935 0� TRACT NO. 1 00 VOL 406 PC 75 RICHARD E. BONURA Cj DRJC o MAY 10, 1960 �-j NEW HOPE PRIMITIVE �': VOL 1213 PG 89 BAPTIST CHURCH DRJC SEPTEMBER 18, 1930 VOL 348 PG 444 0 DRJC \ �BgNpON�D P.O.C. PAR. 53A q�<ROgo FND 5/8'� I. ROD \ g PARCEL PLAT g g�R SHOWING LINE BEARING DISTANCE B�c�R�c� 1 PARCEL 53A L1 N33'57'58"E 37.20' -N CONCORD ROAD JEFFERSON COUNTY L2 S52'18'17T 16.50' JUNE 2009 L3 S02-26'03"E 47.44' SCALE 1 ' = 50 SHEET 4 OF 4 June 2009 Parcel 53B Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 53B Being a 0.0648 acre (2,823 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of the remainder of that certain called 0.545 acre tract of land having been conveyed to The Texas National Bank of Beaumont from T. H. Bowers and Mabel G. Bowers by deed dated October 15, 1935 and being recorded under Volume 406 Page 75 of the Deed Records of Jefferson County, Texas, said 0.0648 (2,823 square feet) acre of land being more particularly described as follows; COMMENCING at a 1/2" iron rod found for a Southeasterly exterior ell corner of that certain called 0.252 acre tract having been conveyed to James M. Canizaro, by deed dated August 19, 1981, and being recorded under Volume 2332 Page 384, Deed records of Jefferson County, Texas, and a interior ell corner of the remainder of the said 0.545 acre The Texas National Bank of Beaumont tract, said point also being in the Northeasterly line of the abandoned T&NO RR right-of-way; THENCE, NORTH 31-21'51" EAST along the boundary line between the said 0.252 acre Canizaro tract and the remainder of the said 0.545 acre The Texas National Bank of Beaumont tract for a distance of 112.85 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 31021'51" EAST, along the boundary line between the said 0.252 acre Canizaro tract and the remainder of the said 0.545 acre The Texas National Bank of Beaumont tract for a distance of 33.79 feet to a point for corner in the existing Southwest right-of-way line of Concord Road; 2) THENCE, SOUTH 52 018'17" EAST along the existing Southwest right-of-way line of Concord Road for a distance of 80.27 feet to point for comer, said corner being the most Easterly corner of the remainder of the said 0.545 acre The Texas National Bank of Beaumont tract, also said corner being the most Northerly corner of that certain tract of land having been conveyed to New Hope Primitive Baptist Church of Beaumont, Texas from N. M. Harris by deed dated September 18, 1930 and being recorded under Volume 348 Page 444 of the Deed Records of Jefferson County, Texas; EXHIBIT "D" June 2009 Parcel 53B Page 2 of 4 EXHIBIT_ 3) THENCE, SOUTH 33 057'58" WEST, along the boundary line between the said New Hope Primitive Baptist Church of Beaumont, Texas tract and the remainder of the said 0.545 acre The Texas National Bank of Beaumont tract for a distance of 37.20 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road; 4) THENCE, NORTH 53 023'49"WEST, along the proposed Southwest right-of-way line of Concord Road for a distance of 19.20 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Southwest right- of-way line of Concord Road; 5) THENCE, NORTH 47 012'35"WEST, continuing along the proposed Southwest right- of-way line of Concord Road for a distance of 49.36 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 2360.00 feet and being subtended by a chord bearing NORTH 54 054'05" WEST having a chord length of 10.61 feet; 6) THENCE NORTHWESTERLY, along and with said curve for an arc length of 10.61 feet to the POINT OF BEGINNING and containing 0.0648 acre (2,823 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed February 2009 A GIVEN UNDER MY HAND AND SEAL THIS THE Mo DAY OF JUNE 2009. Fr- tN Mark W. Whiteley, RPLS #3636 ' ;,, •��rc,, y© .;� �;�.. i.e.: •f',�, ' LEGEND ® SET 5/8' 1. R. WITH CAP STAMPED "CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTROL MONUMENT O PARCEL NUMBER 0 FND PROPERTY CORNER AS NOTED PARENT TRACT 0 POWER POLE N.T.S. PROPOSED ROW LINE EXISTING ROW LINE CONCORD ROAD PROPERTY LINE SURVEY LINE COUNTY LINE P.D.B. PARCEL 53B 538 CALLED 0.252 ACRES REMAINDER OF JAMES M. CANIZARO CALLED 0.545 ACRES AUGUST 19 1981 THE TEXAS NATIONAL AU ST1 I'G 384 BANK OF 8EAUMONT DRJC OCTOBER 15, 1935 VOL 406 PC 75 � DRJC NEW HOPE PRIMITIVE BAPTIST CHURCH P.O.0 PARCEL 538 SEPTEMBER PG 4440 FND. 112'1. ROD DRJC F. BIGNER SURVEY ABSTRACT NO. 1 A'9/�,Np�,plF OF BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. I, Q Fc°T� T' TAKING .......T�.... , EXISTING REMAINING ACRES ACRES/ S-F) ACRES s 5;.•``{� f' PARCEL 53B, 0. 3571 0. 0648/(2823) 0, 2923 MARK W. WHITELEY AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 5 3 B ® CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 SCALE 1 " = 50' JUNE 2009 409-692-0421 (FAX) 409-892-1346 SHEET 3 OF 4 EXHIBIT "E" -CONCORD 55A P.O.B. PAR. 53B ,o. - 552.1g'17" PRppps EXISTING c� 3B� 80.27' - ED BASELINE GENTER�IN -_ E 54 N4�•�235„ � EXIT/NG _ 203+10,79 49.36' L3 RIGHT of WAY 203+00.00 N 202+50,11 52 40,OOLT = 45.99LT 202+30.76 PRDPDSED RIGHT o CALLED 0.252 ACRES �, REMAINDER OF 40.00LT f wAY JAMES M. CANIZARO CALLED 0.545 ACRES AUGUST 19, 1981 THE TEXAS NATIONAL X VOL 2332 PG 384 z BANK OF BEAUMONT 53A CALLED 0.75 ACRES _ \ DRJC OCTOBER 15, 1935 TRACT NO. 1 W VOL 406 PG 75 RICHARD E. BONURA DRJC NEW HOPE PRIMITIVE MAY 10, 1960 BAPTIST CHURCH VOL 1213 PG 89 0 T DRJC Q SEPTEMBER 18, 1930 VOL 348 PG 444 qB DRJC qN�p Rq��R pq�Ep P.O.0 ND 112' I. ROD J U PARCEL PLAT LINE BEARING DISTANCE Sig SHOWING L 1 N31'2 1 '51 "E 33.79' B1 T ��' 1 PARCEL 5 3 B L2 S33-57'58"W 37.20' p, S CONCORD ROAD JEFFERSON COUNTY L3 N53°23'49"W 19.20' CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE SCALE 1 " = 50' JUNE 2009 C1 2360.00' 10.61 ' 110.6 1 ' N54°54'05"W 0°15'27" SHEET 4 OF 4 RICH WITH OPPORTUNITY E 11EAi[11q011* City Council Agenda Item T • E • X • A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of properties for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-one (61)parcels of land from East Lucas to Highway 105 are being acquired. The owner of the property listed below, has agreed to convey their property to the City: Parcel #36 0.03 10 acre out F. Bigner Survey, Abstract No. 1 Value: $10,398.00 Owner: Estate of Wallace A. Dominque The acquisition of the right of way is recommended for approval by the City Manager and Public Works Director. BUDGETARY IMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit"A"and shown on Exhibits"B" and "C,"attached hereto,for the Concord Road Pavement Widening Project: Parcel #36: 0.0310 acre out of F. Bigner Survey, Abstract No. 1 Value: $10,398.00 Owner: Estate of Wallace E. Dominque 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 purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, ESTATE OF WALLACE A. DOMINQUE, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of TEN THOUSAND THREE HUNDRED NINETY-EIGHT NO/100 ($10,398.00) DOLLARS 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, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit "A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and EXHIBIT "A" singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2011. JEANNE ROBESON Individual Executor STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by JEANNE ROBESON. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 April 2009 Parcel 36 Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 36 Being a 0.0310 acre (1,350 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1, out of and part of that certain called 3.151 acre tract of land having been conveyed to Wallace A. Domingue and wife, Bettye Jean Domingue from Tula Marie Comstock by deed dated August 13, 1974 and being recorded under Volume 1844 Page 277 Deed Records of Jefferson County, Texas, said 0.0310 (1 ,350 square feet) acre of land being more particularly described as follows; COMMENCING at a 1" iron pipe found for the Northwest corner of the said 3.151 acre Domingue tract and being in the East line of that certain called 3.9059 acre tract of land having been conveyed to Land Manor, Inc. from Mohammad A. Swati by deed dated March 10, 1994 and being recorded under Clerk's File No. 94 9407991 of the Real Property records of Jefferson County, Texas; THENCE, SOUTH 03°03'28" EAST, along the East line of the said 3.9059 acre Land Manor, Inc. tract and the West line of the said 3.151 acre Domingue tract for a distance of 551.09 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road, and the POINT OF BEGINNING of the parcel herein described; 1) THENCE, SOUTH 80 001'58" EAST, along the proposed Northeast right-of-way line of Concord Road for a distance of 25.77 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right- of-way of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 1270.00 feet and being subtended by a chord bearing SOUTH 75 01441" EAST having a chord length of 212.02 feet; 2) THENCE, SOUTHEASTERLY, along said curve for an arc length of 212.26 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road, said corner being in the East line of the said 3.151 acre Domingue tract and being in the West line of Concord Place Townhomes recorded in Volume 2 page 116 and 117 of the Condominium Records of Jefferson County Texas; April 2009 Parcel 36 Page 2of4 EXHIBIT 3) THENCE, SOUTH 02°59'00" EAST, along the East line of the said 3.151 acre Domingue tract and along the West line of the said Concord Place Townhomes tract for a distance of 9.47 feet to a point for corner, said point being the Southeast corner of the said 3.151 acre Domingue tract and being the Southwest corner of the said Concord Place Townhomes tract, and from said point a concrete monument bears SOUTH 02 059'00" EAST for a distance of 0.53 feet, said corner also being the beginning of a curve turning to the left having a radius of 1303.24 feet and being subtended by a chord bearing SOUTH 74°12'46" EAST having a chord length of 239.81 feet; 4) THENCE, NORTHWESTERLY, along said curve for an arc length of 240.15 feet to a point for corner in the existing Northeast right-of-way of Concord Road, said comer being Southwest corner of the said 3.151 acre Domingue tract and being the Southeast corner of the said 3.9059 acre Land Manor, Inc. tract; 5) THENCE, NORTH 03 003'28" WEST, along the East line of the said 3.9059 acre Land Manor, Inc. tract and along the West line of the said 3.151 acre Domingue tract for a distance of 2.68 feet to the POINT OF BEGINNING and containing 0.0310 acre (1,350 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed January 2009 GIVEN UNDER MY HAND AND SEAL THIS THE S DAY OF April 2009. 1�l G `A�'•;9 fi Mark W. Whiteley RPLS #3636 .9• .. s3� ,e` fir. ,r, r' ti5 ,• �"�:,•-ICJ .� LEGEND ■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' TXDOT CONTROL MONUMENT xx PARCEL NUMBER o FND PROPERTY CORNER AS NOTED POWER POLE PROPOSED ROW LINE F. BIGNER SURVEY EXISTING ROW LINE ABSTRACT NO. 1 PROPERTY LINE SURVEY LINE COUNTY LINE P.O.0 PARCEL 36 FND. 1" 1. PIPE CALLED 3.9059 ACRES CONCORD PLACE TOWNHOMES LAND MANOR, INC. VOL. 2 PG. 116 & 117 MARCH 10, 1994 CALLED 3.151 ACRES CRJC CF NO. 94-9407991 WALLACE A DOMINGUE, et ux OPRJC AUGUST 13, 1974 VOL. 1844, PG. 277 DRJC P.O.B. PARCEL 36 36 CONCORD ROAD PARENT TRACT N.T.S. BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. S F 'v �r; « `` 6�tgrAe .,. y EXISTING TAKING REMAINING rc' ACRES ACRES/(S.F.) ACRES PARCEL 36, 3. 151 0.0310/(1350) 3. 12 MARK W. WHITELEY °` 1 AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 36 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASPEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 SCALE 1 " = 50' APRIL 2009 409-892-0421 (FAX) 409-892-1346 SHEET 3 OF 4 EXHIBIT "B" 221 (Na9-31005E 221.1 a LINE BEARING DISTANCE Na L 1 S80'01'58'E 25.77' L2 S02'59'00'E 9.47 L3 NO3'03'28"W 2.68' CONCORD PLACE TOWNHOMES P.O.C. PAR. 36 VOL. 2 PG. 116 & 117 FND 1" CRJC I. PIPE _ Zo �g t 0o w u' CALLED 3.151 ACRES �,� S 0 0 0 WALLACE A. DOMINGUE, et ux Lo_ CALLED 3.9059 ACRES c9.N AUGUST 13, 1974 LAND MANOR, INC.0 , VOL. 18DRJCPG. 277 MARCH 10, 199 c� rn m CF NO. 94-9407991 L,Up �, w LA� w '`' PI STA=177+86.87 0=19°37'57" 0 P.O.B. PAR. 36 R=1230.0000' 37 180+21.59 T=212.8169' 36 L=421.4611' 40,OORT Ch=419.4023' 179+95.52 . 177+89-89 D=04°39'29" 40.00RT 40,OORT 34 PROPOSED RIGHT OF WAY 1 c l EEXISETING ERIGHTLOFW4A L3 FND CONC, M0,53 BEARS C2 S02°59'00'E 0.53' -__ CONCORD ROAD- 180+00— 180-I 0Q PARCEL PLAT - N8o•4'14.87"w 147.3492 =PROP - OSED BASELINE SHOWING + PARCEL 36 '- CONCORD ROAD JEFFERSON COUNTY CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 1270.00' 212.26' 212.02' S75-14'41"E 09'34'35" SCALE 1 " = 50' APRIL 2009 C2 1303.24' 240.15' 239.81' 1 N74'12'46"W 10'33'28" SHEET 4 OF 4 RICH WITH OPPORTUNITY City Council Agenda Item T 9 E * % * A • S TO: City Council FROM: Kyle Hayes, City Manager P� PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of properties for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-one (61)parcels of land from East Lucas to Highway 105 are being acquired. The owner of the property listed below, has agreed to convey his property to the City: Parcel #5 0.0249 acre out Lots 34, 40, Tract 5, French Heights Addition (5035 Concord Road) Value: $5,000.00 Owner: Estate of Laverne Russell The acquisition of the right of way is recommended for approval by the City Manager and Public Works Director. BUDGETARY IMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit"A"and shown on Exhibits"B"and "C," attached hereto, for the Concord Road Pavement Widening Project: Parcel #5: 0.0249 acre out of Lots 34 & 40, Tract 5, French Heights Addition (5035 Concord Road) Value: $5,000.00 Owner: Estate of Laverne Russell 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 purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, ESATE OF LAVERNE RUSSELL, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of FIVE THOUSAND AND NO/100 ($5,000.00) DOLLARS 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, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit"A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging, unto the said EXHIBIT "A" GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2011. DAVID AINSWORTH JAMES AINSWORTH STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by DAVID AINSWORTH. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by JAMES AINSWORTH. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 May 2009 Parcel 5 Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 5 Being a 0.0249 acre (1,086 square feet) of land, situated in the A. Williams Survey, Abstract No. 385, out of and part of that certain tract of land being identified as Tract No. 1 having been conveyed to S. Don Russell and wife, La Verne Russell from Aetna Finance by deed dated January 20, 1993 being recorded under Film Code No. 104-62- 1616 of the Real Property Records of Jefferson County, Texas, Texas, said 0.0249 acre (1,086 square feet) of land being more particularly described as follows; COMMENCING at a 1/2" iron pipe found for the most Southerly corner of that certain called 1.00 acre tract of land having been conveyed to LaVeme Russell from James F. Ainsworth, Jr. and wife, Debra Ainsworth by deed dated June 19, 1998 being recorded under Clerk's File No. 98-9822146 of the Real Property Records of Jefferson County, Texas and in the Northwesterly line of the said Russell et ux tract; THENCE, NORTH 34°58'03" EAST along the Northwest line of the said Russell et ux tract and along the Southeast line of the said 1.00 acre Russell tract for a distance of 424.48 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for comer in the proposed Southwest right-of-way line of Concord Road, said corner being the POINT OF BEGINNING of the parcel herein described; 1) THENCE, NORTH 34°58'03" EAST, continuing along the Northwest line of the said Russell et ux tract and along the Southeast line of the said 1.00 acre Russell tract for a distance of 8.24 feet to a point for corner, said point being the East corner of the said 1.00 acre Russell tract and being the North corner of the said Russell et ux tract; 2) THENCE, SOUTH 50°36'44" EAST, along the existing Southwesterly right-of-way line of Concord Road for a distance of 88.33 feet to a point for corner in the existing Southwesterly right-of-way line of Concord Road, said point being the most Northwesterly corner of that certain called 409.8 square foot tract of land having been conveyed to The City of Beaumont from Rita C. Ainsworth by deed dated June 14, 1974 being recorded under Volume 1836 Page 318 of the Deed Records of Jefferson County, Texas; May 2009 Parcel 5 Page 2 of 4 EXHIBIT— 3) THENCE, SOUTH 46°59'54" EAST, along the Southwesterly line of the said 409.8 square foot The City of Beaumont tract for a distance of 115.74 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, said corner being the most Southerly corner of the said 409.8 square foot The City of Beaumont tract, also said comer being the most Westerly corner of that certain called 1,863.9 square foot tract of land having been conveyed to The City of Beaumont from Margaret Evelyn Roberts by deed dated June 27, 1974 being recorded under Volume 1840 Page 339 of the Deed Records of Jefferson County, Texas, said corner also being in the Northwesterly line of that certain called 2.77 acre tract of land having been conveyed to The Housing Authority of the City of Beaumont from Concorde Health and Racquetball Centre, Inc. by deed dated January 21, 1982 being recorded under Volume 2361 Page 97 of the Deed Records of Jefferson County, Texas; 4) THENCE, NORTH 50°37'20" WEST, along the proposed Southwesterly right-of-way line of Concord Road for a distance of 138.58 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 2360.00 feet and being subtended by a chord bearing NORTH 51 02416" WEST having a chord length of 64.63 feet; 5) THENCE, NORTHWESTERLY, along said curve for an arc length of 64.64 feet to a POINT OF BEGINNING and containing 0.0249 acre (1,086 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed February 2009 GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF MAY 2009. o.F �€ E 4 , .>,�,�.1tV�VV!�{TELEY 3636 Mark W. Whiteley, RPLS #3636 �� 5.`°Goo Sul LEGEND ■ SET 5/8" 1. R. WITH CAP STAMPED "CITY OF BEAUMONT ROW MONUMENT- 0 TXD❑T CONTROL MONUMENT CALLED 1,863.3 S\Ff.THE CITY OF 8EAUPARCEL NUMBER JUNE 27, 197CONCORD ROAD VOL• 18DRJC G. POWER POLE PROPOSED ROW LINE CALLED 409.8 SO. FT. EXISTING ROW LINE P.0.B THE CITY OF BEAUMONT PAR. 5 JUNE 14, 1974 PROPERTY LINE VOL. 18DRJ�. 318 — — SURVEY LINE COUNTY LINE TRACT N0. i S. DON RUSSELL, et ux CALLED 2.77 ACRES THE HOUSING AUTHORITY OF CALD 1.00 ACRE JANUARY 20, 1993 THE CITY OF BEAUMONT LAVERNE RUSSELL CF NO. 104-61-1616 JANUARY 21, 1982 JUNE 19, 1998 OPRJC VOL. 2361 PC 97 CF NO. 98-9822146 ORJ� OPRJC P.O.C. PAR. 5 I 1/2" I. PIPE PARENT TRACT N.T.S. TRACT TWO S DON RUSSELL, et ux JANUARY 20, 1993 CF NO. 104-62-1616 OPRJC BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN D ACCOMPANIES THIS PARCEL PLAT. OF•��1 ����G�S TEpn.yL$d ► ; •„ EXISTING TAKING REMAINING ACRES ACRES/(S.F. ACRES PARCEL 5, 2, 8326 0.0.0249/(1086) �• 8077 MARK W. WHITELEY AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 5 © CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT. TEXAS 77703 SCALE 1 " = 50' MAY 2009 409-892-0421 (FAX) 409-892-1346 SHEET 3 OF 4 EXHIBIT "B" N u co CONCORD ROAD �� o + � 0- 153+00 CN — _ , — PROPOSED_BASELINE N50'37'11"W 180.80' EXISTING RIGHT OF WAY CALLED 1863.9 SO. THE CITY OF BEAUMONT S50'36'44"E 88.33' JUNE 27, 1974 S46'59'S4"E 115.74' VOL. 1840 JC G. 339 PROPOSED RIGHT OF WAY Cl N50'37'20"W 138.58' PI STATION=154+64.69 154+48.97 153+83.24 0-03°53'14" 40.00LT PI STATION=150+01.95 R=2400.0000' 40.00LT 0=03°57'46" T=81.4430' 152+44.66 R=5800.0000' L=162.8235' P.O.B. PAR. 5 CALLED 409.8 SQ. FT. 40.00LT T=200.6532' Ch-162,7922' THE CITY OF BEAUMONT L=401.1465' D=02°23'14" O7 5 JUNE 14, 1974 Ch=401.0666' 0 VOL. 1836, PG. 318 D-00°59'16` U -co DRJC - - C14 CALLED 2.77 ACRES CALLED 1.00 ACRE m RUSSELL w HOUSING AUTHORITY OF THE CITY OF BEAUMONT LA LED 1 N JANUARY 21, 1982 X JUNE 19, 1998 o W TRACT N0. 1 Uri VOL. 234, PG. 97 CF NO. 98-9822146 o S. DON RUSSELL, et ux °; DRJC OPRJC JANUARY 20, 1993 w z CF NO. 104-62-1616 CD OPRJC 2 soV P.O.C. PAR. 5 z FND 1/2" ��tilAs �� 3g5 I. PIPE CA J PARCEL PLAT SHOWING PARCEL 5 LINE BEARING DISTANCE CONCORD ROAD JEFFERSON COUNTY I N34'58'03"E 8.24' CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE SCALE 1 " = 50' MAY 2009 C1 2360.00' 1 64.64' 1 64.63' 1 N51'24'16"W 01'34'09" SHEET 4 OF 4 RICH WITH OPPORTUNITY r City Council Agenda Item T • E • X • A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of properties for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-one (61)parcels of land from East Lucas to Highway 105 are being acquired. The owner of the property listed below, has agreed to convey his property to the City: Parcel#7 0.0225 acre out Lot 33, Tract 2, French Heights Addition (5065 Concord Road) Value: $2,100.00 Owner: Estate of Laverne Russell The acquisition of the right of way is recommended for approval by the City Manager and Public Works Director. BUDGETARYIMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit"A"and shown on Exhibits"B" and "C,"attached hereto, for the Concord Road Pavement Widening Project: Parcel #7: 0.0225 acre out of Lot 33, Tract 2, French Heights Addition (5065 Concord Road) Value: $2,100.00 Owner: Estate of Laverne Russell 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 purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, ESATE OF LAVERNE RUSSELL, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of TWO THOUSAND ONE HUNDRED AND NO/100 ($2,100.00) DOLLARS 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, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit "A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and EXHIBIT "A" singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2011. DAVID AINSWORTH JAMES AINSWORTH STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of 12011, by DAVID AINSWORTH. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2011, by JAMES AINSWORTH. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P.O.Box 3827 Beaumont,TX 77704 May 2009 Parcel 7 Page 1 of 4 EXHIBIT— County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 7 Being a 0.0225 acre (978 square feet) of land, situated in the A. Williams Survey, Abstract No. 385, out of and part of that certain called 1.00 acre tract of land having been conveyed to Laverne Russell from James F. Ainsworth, Jr. and wife, Debra Ainsworth by deed dated June 19, 1998 being recorded under Clerk's File No. 98- 9822146 of the Real Property Records of Jefferson County, Texas, said 0.0225 acre (978 square feet) of land being more particularly described as follows; COMMENCING at a 1/2" iron pipe found for the most Southerly comer of the said 1.00 acre Russell tract and in the Northwesterly line of that certain tract of land being identified as Tract No. 1 having been conveyed to S. Don Ruussell and wife, La Verne Russell from Aetna Finance by deed dated January 20, 1993 being recorded under Film Code No. 104-62-1616 of the Real Property Records of Jefferson County, Texas, the same being know as Tract No. 34 of French Heights Addition to the City of Beaumont, Jefferson County, Texas, according to the map or plat recorded in Volume 6 Page 61 Map Records of Jefferson County, Texas; THENCE, NORTH 34°58'03" EAST along the Northwest line of the said Russell et ux tract and along the Southeast line of the said 1.00 acre Russell tract for a distance of 424.48 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, said corner being the POINT OF BEGINNING of the parcel herein described, said corner also being the beginning of a curve turning to the left having a radius of 2360.00 feet and being subtended by a chord bearing NORTH 53 020'53" WEST having a chord length of 95.47 feet; 1) THENCE, NORTHWESTERLY, along said curve for an arc length of 95.47 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road; 2) THENCE, NORTH 54°30'26" WEST, along the proposed Southwesterly right-of-way line of Concord Road for a distance of 4.18 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right- of-way line of Concord Road, said corner being in the Northwesterly line of the said 1.00 acre Russell tract and said corner being in the Southeasterly line of that certain called 1/2 acre tract of land having been conveyed to Ann Marie Medina from Michael Wirfs and Susan Wirfs by deed dated May 9, 2007 being recorded under May 2009 Parcel 7 Page 2 of 4 EXHIBIT Clerk's File No. 2007018237 of the Real Property Records of Jefferson County, Texas; 3) THENCE, NORTH 34 058'10" EAST, along the Northwesterly line of the said 1.00 acre Russell tract and the Southeasterly line of the said 1/2 acre Medina tract for a distance of 10.48 feet to a point for corner in the existing Southwesterly right-of-way line of Concord Road, said point being the most Easterly corner of the said 1/2 acre Medina tract and the most Northerly corner of the said 1.00 acre Russell tract; 4) THENCE, SOUTH 54 033'44" EAST, along the existing Southwesterly right-of-way line of Concord Road for a distance of 37.78 feet to a point for corner; 5) THENCE, SOUTH 50 036'44" EAST, continuing along the existing Southwesterly right-of-way line of Concord Road for a distance of 62.01 feet to a point for comer, said point being the East corner of the said 1.00 acre Russell tract and the North corner of the said Russell et ux tract; 6) THENCE, SOUTH 34 058'03" WEST, along the Southeast line of the said 1.00 acre Russell tract and along the Northwest line of the said Russell et ux tract for a distance of 8.24 feet to the POINT OF BEGINNING and containing 0.0225 acre (978 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed February 2009 GIVEN UNDER MY HAND AND SEAL THIS THE u` DAY OF MAY 2009. OF a .` ...... . y. A...35 a t.. hr's'' E S✓ " '"� �` Mark W. Whiteley, RPLS #3636 ' • U` `��� LEGEND ■ SET 5/8' 1. R. WITH CAP STAMPED CITY OF BEAUMONT ROW MONUMENT" 0 TXDOT CONTROL MONUMENT O PARCEL NUMBER O FND PROPERTY CORNER AS NOTED POWER POLE PROPOSED ROW LINE P.O.B. EXISTING ROW LINE CONCORD ROAD PARCEL 7 PROPERTY LINE SURVEY LINE o 9 CALLED 1.00 ACRE COUNTY LINE LAVERNE RUSSELL z JUNE 19, 1998 o CF NO. 98-9822146 CALLED 112 ACRES = OPRJC ANN MARIE MEDINA MAY 9, 2007 CF NO. 2007018237 OPRJC TRACT NO. 1 A. WILUAMS SURVEY S. DON RUSSELL, et ux ABSTRACT NO. 385 JANUARY 20, 1993 CF NO. 104-62-1616 P.O.0 PARCEL 7 OPRJC FND. I/Y L PIPE PARENT TRACT N.T.S. BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE�° G �. ACCOMPANIES THIS PARCEL PLAT. .�\OF %4AM WHIT 4 w�• ¢:Q EXISTING TAKING REMAINING ACRES ACRES/(S.F.) ACRES PARCEL 7, 0. 9775 1. 00 0.0225/(978) +MARK . WHITELEY D ASSOCIATES INCORPORATED PARCEL PLAT TING ENGINEERS, S H OW I N G ORS, AND PLANNERS PARCEL 7 © CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 SCALE 1 = 50' MAY 2009 409-892-0421 (FAX) 409-892-1346 SHEET 3 OF 4 EXHIBIT "B" C d CONCORD ROAD w J U 00 O u7 a- ..F Z d Ln 155+00 N54'30'26"W 1552.99' _ _ PROPOSED BASELINE CD J I 00 L3 S50'36'44"E 62.01'—EXISTING RIGHT OF Wqy � L1 Z of C1 w PROPOSED RIGHT OF WAY Q O 155+46.08 ° 40.00LT �5 I I ° z ll 155+50.26 154+48.97 .0.8. PAR. 7 40.00LT 40,001-T = PI STATI❑N=154+64.69 z 0 A=03°53'14" 10 I R=2400,0000' o CALLED 1/2 ACRES T=81,4430' o u EE CALLED 1.00 ACRE N o L=162.8235' c) 0) U ANN MART MEDINA ,� LAVERNE RUSSELL 4 N '; Ch=162.7922' 0 MAY 9, 2007 d JUNE 19, 1998 � � � D=02 23 14 F— CF NO. 2007 18237 " w CF N0. 98-9822146 w w w m 0 0 o OPRJC o 0 0 TRACT N0. 1 X -00 00 S. DON RUSSELL, et ux w W Lo d- Z4- io JANUARY 20, 1993 J =z z Z z CF NO. 104-62-1616 Q Z OPRJC LLJ 5 �o C� l�ti�p� s �� 3� Q o Q ° N �B5 w P.O.C. PAR. 7 FND 1/2" PARCEL PLAT I. PIPE SHOWING PARCEL 7 LINE BEARING DISTANCE Lt N54'3026 w 4.t8' S54'46'39'E 99.62' CONCORD ROAD JEFFERSON COUNTY L2 N34'58'101 10.48' (S51'15'00"E 100.00') L3 I S54'33'44"E 37.78' SCALE 1 " = 50' MAY 2009 L4 534'58'03"W 8.24' SHEET 4 OF 4 H RICH WITH OPPORTUNITY [I ILI . ( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager cLn PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider approving exercising an option to extend a contract for investment management services. RECOMMENDATION Administration recommends approval to exercise an option for a two-year extension of a contract with Valley View Consulting, L.L.C., for an annual fee of.04% (4 basis points) of the average quarterly fund balance for all funds designated as Investable Funds. BACKGROUND On April 28, 2009, by Resolution No. 09-115, the Council authorized the execution of a two- year contract with Valley View Consulting, L.L.C., for an annual fee of.04% (4 basis points) of the average quarterly fund balance for all funds designated as Investable Funds. During the last two years, the City has been pleased with the services provided by Valley View Consulting which has included assisting the City in developing cash flow projections, suggesting appropriate investment strategies to achieve the City's objectives, advising Staff on market conditions, general information, and economic data, analyzing risk/return relationships between various investment alternatives, assisting in the selection,purchase and sale of investment securities, predominantly certificates of deposits, and preparing quarterly investment reports. BUDGETARYIMPACT During FY 2010, the City paid $37,924 to Valley View for their services. Funds are budgeted in the Finance Department's operating budget. 9` a r AGREEMENT BY AND BETWEEN CITY OF BEAUMONT,TEXAS AND VALLEY VIEW CONSULTING,L.L.C. It is understood and agreed that the City of Beaumont (the Investor) will have from time to time money available for investment (Investable Funds) and Valley View Consulting, L.L.C. (Advisor) has been requested to provide professional services to the Investor with respect to the Investable Funds. This agreement (the Agreement) constitutes the understanding of the parties with regard to the subject matter hereof 1. This Agreement shall apply to any and all Investable Funds of the Investor from time to time during the period in which this Agreement shall be effective. 2. The Advisor agrees to provide its professional services to direct and coordinate all programs of investing as may be considered and authorized by the Investor. 3. The Advisor agrees to perform the following duties: a. Assist the Investor in developing cash flow projections, b. Suggest appropriate investment strategies to achieve the Investor's objectives, c. Advise the Investor on market conditions,general information and economic data, d. Analyze risk/return relationships between various investment alternatives, e. Attend periodic meetings as requested by the Investor, f. Assist in the selection,purchase and sale of investment securities. The Advisor shall not have discretionary investment authority over the Investable Funds and the Investor shall make all decisions regarding purchase and sale of investments. Those investment securities are listed in the Investor's Investment Policy, g. Advise on the investment of bond funds as to provide the best possible rate of return to the Investor in a manner which is consistent with the proceedings of the Investor authorizing the investment of the bond funds or applicable federal rules and regulations, and h. Assist the Investor in creating investment reports in compliance with State legislation and the Investor's Investment Policy. 4. The Investor agrees to: a. Compensate the Advisor for any and all services rendered and expenses incurred as set forth in Appendix A attached hereto, b. Provide the Advisor with the schedule of estimated cash flow requirements related to the Investable Funds, and will promptly notify the Advisor as to any changes in such estimated cash flow projections, c. Allow the Advisor to rely upon all information regarding schedules, investment policies and strategies, restrictions,or other information regarding the Investable Funds as provided to it by the Investor and that the Advisor shall have no responsibility to verify, through audit or investigation, the accuracy or completeness of such information, d. Recognize that there is no assurance that recommended investments will be available or that such will be able to be purchased or sold at the price recommended by the Advisor,and e. Not require the Advisor to place any order on behalf of the Investor that is inconsistent with any recommendation given by the Advisor or the policies and regulations pertaining to the Investor. 5. In providing the investment services in this Agreement, it is agreed that the Advisor shall have no liability or responsibility for any loss or penalty resulting from any investment made or not made in accordance with the provisions of this Agreement, except that the Advisor shall be liable for its own gross negligence or willful misconduct; nor shall the Advisor be responsible for any loss incurred by reason of any act or omission of any broker, selected with reasonable care by the Advisor and approved by the Investor,or of the Investor's custodian. Furthermore, the Advisor shall not be liable for any investment made which causes the interest on the Investor's obligations to become included in the gross income of 1he owners thereof. 6. The fee due to the Advisor in providing services pursuant to this Agreement shall be calculated in accordance with Appendix A attached hereto, and shall become due and payable as specified. Any and all expenses for which the Advisor is entitled-to reimbursement Mi accordance with Appendix A attached hereto shall become due and payable at the end of each calendar quarter in which such expenses are incurred. 7. This Agreement shall become effective at the date of acceptance by the Investor as set out herein below and remain in effect for two (2) years with the option of the Investor to extend this Agreement in additional two year periods. Provided, however,the Investor or Advisor may terminate this Agreement upon thirty (30) days written notice to the other party. In the event of such termination, it is understood and agreed that only the amounts due to the Advisor for services provided and expenses incurred to and including the date of termination will be due and payable. No penalty will be assessed for termination of this Agreement. In the event this Agreement is terminated, all investments and/or funds held by the Advisor shall be returned to the Investor as soon as practicable. In addition,the parties hereto agree that upon termination of this Agreement the Advisor shall have no continuing obligation to the Investor regarding the investment of funds or performing any other services contemplated herein. 8. The Advisor reserves the right to offer and perform these and other services for various other clients. The Investor agrees that the Advisor may give advice and take action with respect to any of its other clients, which may differ from advice given to the Investor. The Investor agrees to coordinate with and avoid undue demands upon the Advisor to prevent conflicts with the performance of the Advisor towards its other clients. 9. The Advisor shall not assign this Agreement without the express written consent of the Investor. 10. By initialing the appropriate line,Investor acknowledges that: 1) _X_Investor was provided a written copy of Part 11 of Form ADV not less than 48 hours prior to entering into this written contract,or 2) Investor received a written copy of Part H of Form ADV at the time of entering into this contract and has the right to terminate this contract without penalty within five business days after entering into this contract. 3) Investor is renewing an expiring contract and has received in the past, and offered annually,a written copy of Part H of Form ADV. This Agreement is submitted in duplicate originals. When accepted by the Investor, it, together with Appendix A attached hereto, will constitute the entire Agreement between the Investor and Advisor for the purposes and the consideration herein specified. Acceptance will be indicated on both copies and the return of one executed copy to Advisor. Resp tfully submitted, 4ichard G.Long,Jr. Manager,Valley View Consulting,L.L.C. This agreement is hereby agreed to and executed on behalf of the City of Beaumont,Texas. By: c t City of Beaumont,Texas Date: q- ,Z S -D `y7 APPENDIX A FEE SCHEDULE AND EXPENSE ITEMS In consideration for the services rendered by the Advisor in connection with the investment of the Investable Funds designated by the Investor, it is understood and agreed that the fee will be as follows: The Advisor shall receive an annual fee of .04% (4 basis points) of average quarterly fund balance for all funds designated as Investable Funds. In the event a flexible repurchase agreement or other similar investment option is utilized, the Advisor shall receive a normal and customary fee within the guidelines of the Internal Revenue Service, in lieu of Agreement Fee. Expenses: Said fee includes all costs of services related to this Agreement, and all travel and business expense related to periodic meeting attendance. With pre-trip Investor approval, the Advisor may also request reimbursement for special meeting or event travel and business expense. The obligation of the Advisor to pay expenses shall not include any costs incident to litigation, mandamus action,test case or other similar legal actions. Any other fees retained by the Advisor shall be disclosed to the Investor. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on April 28, 2009, City Council approved Resolution 09-115 authorizing a contract with Valley View Consulting, L.L.C., for professional services to direct and coordinate all programs of investing as may be considered and authorized by the City for an annual fee of .04% (4 basis points) of the average quarterly fund balance for all funds designated as Investable Funds; and, WHEREAS, the City would like to exercise an option for a two-year extension of the contract with Valley View Consulting, L.L.C.,for an annual fee of.04% (4 basis points) of the average quarterly fund balance for all funds designated as Investable Funds. NOW, THEREFORE, BE IT ORDAINED 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 City Manager be, and he is hereby, authorized to extend a contract with Valley View Consulting, L.L.C., for professional services to direct and coordinate all programs of investing as may be considered and authorized by the City for an annual fee of.04% (4 basis points) of the average quarterly fund balance for all funds designated as Investable Funds. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY ' 11EA,1[111U1NT T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, City Clerk, TRMC MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider approving a contract with Jefferson County for the rental of election equipment and supplies for the May 14, 2011 General Election RECOMMENDATION The Administration recommends approving a contract with Jefferson County for the May 14, 2011, General Election in the amount of$6,838.00. BACKGROUND The City of Beaumont has called its May 14, 2011, General Election to order this election will be held jointly with the Beaumont Independent School District as well as the Port of Beaumont. The contract allows Jefferson County to provide certain election equipment necessary to conduct the election. Please note that the amount of the contract does not include funding for poll workers or facilities. BUDGETARYIMPACT Funds are budgeted in the City Clerk's operating election budget. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an interlocal agreement with Jefferson County for the rental of certain election equipment and supplies for the May 14, 2011 General Election. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - J RICH WITH OPPORTUNITY [1EAUM0N*T • E ', x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council approve a resolution authorizing the City Manager to submit an application to the Texas Department of Transportation for temporary use of State of Texas right-of- way for the Gusher Marathon. RECOMMENDATION Administration recommends City Council to authorize the City Manager to submit an application for temporary use of State of Texas right-of-way for the Gusher Marathon. BACKGROUND The Gusher Marathon is planned for March 12, 2011 and will require full road closures along much of the route. Portions of the marathon route are located within the Texas Department of Transportation's roadway system. If approved,the application will allow the City of Beaumont to close state roadways for the purpose of the marathon. The resolution will state that the roadways will be closed to serve public interest and deem the City of Beaumont responsible for any damages or accidents that may occur and hold harmless TxDOT and the State of Texas. BUDGETARYIMPACT The application will have no budgetary impact. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to submit an application to the Texas Department of Transportation for temporary use of State of Texas right-of-way for the Gusher Marathon planned for March 12, 2011. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - K RICH WITH OPPORTUNITY 11EA,[1M011 T • E • X • A • S City Council Agenda Item TO: City!Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider approving a resolution to write-off uncollectible water accounts. RECOMMENDATION The administration requests approval of a resolution to write-off uncollectible water accounts totaling $21,841.23, for which each individual account exceeds $1,000.00. BACKGROUND This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible when the balance due exceeds $1,000.00. All accounts have been terminated for at least one year and collection efforts have been unsuccessful. The termination dates for these accounts range from August of 2008 through November of 2009. A detailed report is attached. Auditors have requested that uncollectible balances be cleared from subsidiary ledgers. If at anytime an account becomes collectible after having been written-off, the receivables of the City will be adjusted accordingly. The balance of the account will be reinstated and payments will be applied to the balance. In addition, the customer will not be able to obtain new water service with the City until the delinquent balance has been paid. BUDGETARY IMPACT None RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT, in accordance with adopted policy, the Council hereby approves the write-off of uncollectible water accounts totaling$21,841.23 for which each individual account exceeds $1,000, as shown on Exhibit "A" attached hereto. PASSED by the City Council of the City of Beaumont this the 8th day March, 2011. - Mayor Becky Ames - PREPARED 2/24/11, 12:01:16 COLLECTION REPORT PAGE 1 PROGRAM UT212L COLLECTION AGENCY - >.$1000 -COUNCIL APPROVAL City of Beaumont - Customer Service ---- -------------------------------------------------------------------------------------------- - CUSTOMER ID/NAME ALTERNATE CUSTOMER ID PHONE NUMBER MAILING ADDRESS - - - - - - MISCELLANEOUS INFORMATION - - - - - - - - - - - - - - - - - - - - LOCATION ID/LOCATION ADDRESS TRANSACTION TRANSACTION CURRENT TERMINATION TOTAL CREDIT HELD LOCATION DATE AMOUNT BALANCE DATE OFFENSES EXCEPTION --------------------------------------------------------------------------------------------------' 142249 B H Y R3 INVESTMENTS INC 060841761704 (713) 451-8724 122 PERFIDIA DR HOUSTON TX 77015-3254 116220 4695 RARTEL ST 2/11/11 1,142.92 1,142.92 6/16/09 47 YES 35755 BOSSEITE,ALICIA ANN 020640488601 (409) 838-4852 4365 S 4TH ST APT 115 BEAUMONT TX 77705-4557 190180 1665 VICTORIA ST 2/11/11 1,043.02 11043.02 5/08/09 101 YES 379915 CARTER,BRANDON (409) 350-2594 2020 BROADWAY ST BEAUMONT TX 77701-1944 413342 2335 ANGELINA ST 2/11/11 2,445.58 2,445.58 12/15/08 56 YES 344275 CROWE,ADALINE 040734549200 (409) 924-0944 466 8 LAVACA ST BEAUMONT TX 77705-4038 427056 1697 TORON ST 2/11/11 1,114.35 1,114.35 6/05/09 84 Y£8 392813 DAVIS,TYE%A P (409) 284-7593 2865 GULF ST APT 3504 BEAUMONT TX 77703-4378 - 148000 3910 CHAISON ST 2/11/11 1,156.51 1,156.51 10/13/09 18 YES Q 149691 DEROUNE,MADELYN H 060851851806 (409) 659-6866 3755 IRVING ST BEAUMONT TX 77705-3843 m 101 YES 414608 3876 OGDEN 2/11/11 1,108.67 1,108.67 8/20/09 _ 6867 IDRIS,BBLINDA G 010040101907 (409) 212-9016 X 11625 BOB WHITE DR APT 4 w HOUSTON TX 77035-2241 411938 1175 OREGON 2/11/11 1,709.83 1,709.83 8/06/09 4 YES 91327 JONES,PAMRIA MARIE 030221091207 (409) 351-2500 4385 REDWOOD DR BEAUMONT TX 77703-1925 220312 4385 REDWOOD DR 2/11/11 1,213.46 1,213.46 1/26/09 52 YES 394343 LORNEITE,AMY (409) 813-1941 8425 118TH ST APT 3E JAMAICA NY 11415-2925 414728 4253 OGDEN- 2/11/11 2,085..59 2,085.59 6/25/09 34 YES 392229 MAYS,AUNDRSAUN (409) 549-6587 3208 NEW MEADOW DR BAYTOWN TX 77521-4436 180288 5050 SWALLOW DR 2/11/11 2,925.88 2,925.88 7/22/09 21 YES i PREPARED 2/24/11, 12:01:16 COLLECTION REPORT PAGE 2 PROGRAM UT212L COLLECTION AGENCY - $1000 -COUNCIL APPROVAL City of Beaumont - Customer Service ----- ------------------------------------------------------------ CUSTOMER ID/NAME. ALTERNATE CUSTOMER ID PHONE NUMBER - - - - - - - - - MAILING ADDRESS - - - - - - MISCELLANEOUS INFORMATION - - - - - - LOCATION ID/LOCATION ADDRESS TRANSACTION TRANSACTION CURRENT TERMINATION TOTAL CREDIT HELD LOCATION DATE AMOUNT BALANCE DATE OFFENSES EXCEPTION -- -------------------------------------- 394135 SHRLLO,TIFFANY (409) 99E-3933 3965 ST HELENA ST BEAUMONT TX 77703-2958 226494 515 S331MONS E ST 2/11/11 1,263.82 1,263.82, 11/03/08 12 YES 78813 SPRIGErrS,TSESHA R 030200954702 (409) 659-7081 520 DOWLEN RD APT 210 BEAUMONT TX 77706-6039 212408 3410 WESTMORELAND ST 2/11/11 1,311.46 1,311.46 12/11/08 20 YES 389057 VIVATOR,ZEEZY (409) 299-6287 SHAMEXA LAFLEUR 7711 DUNCAN ST BEAUMONT TX 77709-3810 133528 2245 HARRIOT ST 2/11/11 1,732.71 1,732.71 11/24/08 29 YES 380469 WBINB.RRG,SHAO0LR (409) 454-7627 2918 AVENUE B BEAUMONT TX 77701-8339 143754 2918 AVENGE B 2/11/11 1,587.43 1,587.43 10/06/09 11 YES .t* COLLECTION AGENCY TOTALS- NO. OF CUSTOMERS- 14 21,841.23 21,841.23 DELETED RECORDS ._00 .00 PREPARED 2/24/11, 12:01:16 COLLECTION REPORT PAGE 1 PROGRAM UT212L COLLECTION AGENCY SUMMARY - City of Beaumont - Customer Service ---------- --- ---- --------------------------------------------------------------------------------------------- TOTAL TOTAL TOTAL . COLLECTION AGENCY CUSTOMERS LOCATIONS AMOUNT ---------------------------------------------------------------------------------------------------------------------' > $1000 -COUNCIL APPROVAL 14 14 21,841.23 +++ TOTALS *** 14 14 21,841.23 PREPARED 2/24/11, 12:00:10 CHANGE MULTIPLE WRITE OFF VALUES PROGRAM UT216U City of Beaumont - Customer Service ----------------------------------------'--------------------'-----' SELECTION CRITERIA: SELECT T$AN. DATE: FROM LOWEST TO HIGHEST AMOUNT GREATER THAN: 1,000.00 AMOUNT LESS THAN: .00 COLLECTION AGENCY: IN HOUSE HELD ACCOUNTS: HELD ONLY CHANGED TO: NEW COLLECTION AGENCY: > $1000 -COUNCIL APPROVAL NEW HELD STATUS: NO CHANGE PREPARED 2/24/11, 12:00:10 CHANGE MULTIPLE WRITE OFF VALUES PAGE 1 PROGRAM UT216U City of Beaumont - Customer Service --------- --'---"------- ------------------------ TOTAL COLLECTION AGENCY CHANGES - 14 TOTAL HELD STATUS CHANGES - 0 TOTAL CHANGES - 14 L RICH WITH OPPORTUNITY ► City Council Agenda Item T • E • X • A • S TO: City Council FROM: Kyle Hayes, City Manager PD. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider authorizing the acceptance of a Drainage Easement. RECOMMENDATION The Administration recommends acceptance of a Drainage Easement for the proposed Storm Line Relocation for resident located at 4975 Sassafras Street. BACKGROUND Charles Dennings has agreed to convey a fifteen(15) foot wide Drainage Easement to the City of Beaumont. The Drainage Easement will allow relocation of the storm line around the west and south sides of the existing residence at 4975 Sassafras Street. This Drainage Easement is recommended for approval by the City Manager and Public Works Director. BUDGETARYIMPACT None. RESOLUTION NO. WHEREAS, Charles Demmings has offered to convey a fifteen foot (15') wide drainage easement to the City of Beaumont, said easement being out of Lot 18, Block 4 of Woodlands Addition, Unit IV, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B" attached hereto; 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 Charles Dennings,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 8th day of March, 2011. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X DRAINAGE EASEMENT THAT, CHARLES DENNINGS, hereinafter called "GRANTOR", 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, Drainage Easements and the right to construct, alter, and maintain drainage improvements and appurtenances on the hereinafter described lands which said easements are under, over, in and across that certain tracts or parcels 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 easements herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and removing drainage structures, canals, ditches 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 tracts 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 agree not to place any structures or appurtenances within the Easement Property. EXHIBIT "A" 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 easements and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 2011. GRANTOR: CHARLES DENNINGS ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on , 2011, by CHARLES DENNINGS. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 Fittz&Shipman INC. EXHIBIT "A",PAGE 1 OF 5 Consulting Engineers and Land Surveyors CUr13P1;kT1N*G 31 YEA FIELD NOTE DESCRIPTION Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) OF A Terry G.Shipman,Chairman of Board 0.0617 ACRE TRACT FORA Billy J.Smith,Jr.,President Donald R.King,P.E. 15' WIDE DRAINAGE EASEMENT Michelle Falgout,P.E. OUT OF LOT 18,BLOCK 4 OF Walter).Ksiazek,R.P.L.S. WOODLANDS ADDITION,UNIT IV JEFFERSON COUNTY,TEXAS FEBRUARY 9,2011 TRACT 1 That certain 0.0617 acre tract for a 15' wide drainage easement out of Lot 18, Block 4 of Woodlands Addition, Unit IV, a plat recorded in Volume 13, Page 8 of the Map Records of Jefferson County, Texas, said Lot 18 being conveyed to Charles E. Dennings as recorded in Clerks File No. 2003004305 of the Official Public Records of Jefferson County, Texas, said 0.0617 acres being more particularly described by metes and bounds as follows: NOTE: Basis of Bearings is the east line of Lot 17, Block 4 of said Woodlands Addition, Unit IV having been called South 00°28'24" East 130.66 feet. BEGINNING at a capped iron rod found in the south right-of-way line of Sassafras Street for the northeast corner of Lot 19 of said Woodlands Addition, Unit IV and the northwest corner of said Lot 18 and the said 0.0617 acre tract from which a Y2" iron rod found the said south right-of-way line of Sassafras Street bears South 85 042'46" West 77.16 feet; THENCE North 83 016'48" East along the said south right-of-way line of Sassafras Street and the north line of said Lot 18 and the said 0.0617 acre tract a distance of 15.25 feet (called North 83 038'17" East) to a point for the northeast corner of the said 0.0617 acre tract from which a '/" iron rod found for the northeast corner of said Lot 17 bears North 83 016'48" East 145.68 feet (called North 83 038'17" East); THENCE South 00 031'37" East along an interior line of the said 0.0617 acre tract a distance of 109.94 feet to a point for an interior corner of the said 0.0617 acre tract; THENCE North 89 033'17" East along an interior line of the said 0.0617 acre tract a distance of 54.93 feet to a point for an exterior corner of the said 0.0617 acre tract; THENCE South 00 028'14" East along the east line of the said 0.0617 acre tract a distance of 15.00 feet to a point for the southeast corner of the said 0.0617 acre tract; THENCE South 89 033'17" West along the south line of the said 0.0617 acre tract a distance of 69.92 feet to a point in the east line of said Lot 19 and the west line of said Lot 18 for the southwest corner of the said 0.0617 acre tract; FITTZ&SHIPMAN,INC. Page 1 of 2 Project No. l 1013.000OTRI 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 ti EXHIBIT "A", PAGE 2 OF 5 THENCE North 00 031'37"West along the said east line of Lot 19 and the west line of Lot 18 and the said 0.0617 acre.tract a distance of 123.29 feet (called North 00 028'24"West) to the POINT OF BEGINNING and containing 0.0617 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during January 2011. Walter J. Ksiaze tE�OF tg Registered Professio al Land Vrveyor No. 5321 Ole GIVQ16 xs,r • ; WALTER J. KSIA?..F ;,S�'eti FITTZ&SHIPMAN,INC Page 2 of 2 Project No. 11013.000OTRI Plat&Description Fittz&Shipman INC. EXHIBIT "A", PAGE 3 OF 5 Consulting Engineers and Land Surveyors FIELD NOTE DESCRIPTION Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) OF A Terry G.Shipman,Chairman of Board 0.0268 ACRE TRACT FOR THE Billy J.Smith,Jr.,President Donald R.King,P.E. ABANDONMENT OF A PORTION OF Michelle Falgout,P.E. A 10' WIDE DRAINAGE EASEMENT Walter J. Ksiazek,R.P.L.S. OUT OF LOT 17 AND 18,BLOCK 4 OF WOODLANDS ADDITION, UNIT IV JEFFERSON COUNTY,TEXAS FEBRUARY 9,2011 TRACT 2 That certain 0.0268 acre tract for the abandonment of a portion of a 10' wide drainage easement out of Lot 17 and 18, Block 4 of Woodlands Addition, Unit IV, a plat recorded in Volume 13, Page 8 of the Map Records of Jefferson County, Texas, said Lot 17 being conveyed to Charles E. Dennings as recorded in Clerks File No. 2003021021 of the Official Public Records of Jefferson County, Texas and said Lot 18 being conveyed to Charles E. Dennings as recorded in Clerks File No. 2003004305 of the Official Public Records of Jefferson County, Texas, said 0.0268 acres being more particularly described by metes and bounds as follows: NOTE. Basis of Bearings is the east line of Lot 17, Block 4 of said Woodlands Addition, Unit IV having been called South 00°28'24" East 130.66 feet. COMMENCING at a capped iron rod found in the south right-of-way line of Sassafras Street for the northeast corner of Lot 19 of said Woodlands Addition, Unit IV and the northwest corner of said Lot 18 from which a '/s" iron rod found in the said south right-of-way line of Sassafras Street bears South 85 042'46" West 77.16 feet; THENCE North 83 016'48" East along the said south right-of-way line of Sassafras Street and the north line of said Lot 18 a distance of 70.46 feet (called North 83 038'17" East) to a point for the northwest corner of the said 0.0268 acre tract and the POINT OF BEGINNING; THENCE North 83 016'48" East continuing along the said south right-of-way line of Sassafras Street and the said north line of Lot 18 and 17 a distance of 10.06 feet (called North 83 038'17" East) to a point for the northeast corner of the said 0.0268 acre tract from which a 3/" iron rod found for the northeast corner of said Lot 17 bears North 83 016'48" East 80.41 feet (called North 83 038'17" East); THENCE South 00 028'14" East along the east line of the said 0.0268 acre tract a distance of 117.09 feet to a point for the southeast corner of the said 0.0268 acre tract; THENCE South 89 033'17" West along the south line of the said 0.0268 acre tract a distance of 10.00 feet to a point for the southwest corner of the said 0.0268 acre tract; FITTZ&SHIPMAN,INC. Page 1 of 2 Project No. 11013.000OTR2 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 4 OF 5 THENCE North 00°28'14" West along the west line of the said 0.0268 acre tract a distance of 115.99 feet to the POINT OF BEGINNING and containing 0.0268 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during January 2011. /14/wavik Walter J. Ksiazek Registered Professional Land S eyor No. 5321 �t�,OF TF� sq�� WSTZPFG�x • * • ' WALTER J. KSIAZFM Qe?Ztt+V 4Q FITTZ&SHIPM,4N,INC. Page 2 of 2 Project No. 11013.000OTR2 Plat&Description EXHIBIT "A", PAGE 5 OF 5 NUMBER DIRECTION DISTANCE L1 S 00'31'37" E 109.94 L2 N 89.33'17" E 54.93 L3 S 0078'14" E 15.00 L4 S 89'33'17" W 69.92 L5 S 00'28'14" E 117.09 L6 IS 8933'17" W 10.00 L7 N 00.28'14" W 115.99 WOODLANDS UNIT III VOL. 13, PG. 7, M.R.J.C. FENCE B L 0 C K 4 LOT 7 FOR FOOTING FOUND _ LOT 8 IR CAPPED — ON ROD 5 ,93.46^W 78.25) FOUND 1/2^ (CA 79 t0 _ IRON ROD 9,31.4 —� n �W 66.31) —� 00 b^ — W ' B p=UTAY,C E � // Iaw n Z,,(G 112 S 79 t6 �4E ✓' iM a r iJ wv "N LOT 19 LOT 16 B 0 K q N n O LOT 17 I^3 LOT 18 a N z M°n TRACT 1 pi: ° m* ^ TRACT 2 15' WIDE DRAINAGE c W m w ABANDONMENT n EASEMENT O a 0 o N OF A PORTION J J 0.0617 ACRES I z v OF A 10' DRAINAGE < 'o EASEMENT 0.0268 ACRE U 1n .--- I FOUND 1/2' POINT OF IRON ROD —_ - — 15'BUILDING LINE \ BEGINNING TRACT 2 S 85'42.46" W 55.37 0 15.09 77.16 POINT OF 80.41 8 E 160.93 BEGINNING N 83'16'4 " TRACT 1 (CALLED N 63'38'17^ E 160.93) COMMENCING STREET POINT S' FOUND 3/4^ 4975 SAS TRACT 2 IRON ROD FOUND CAPPED IRON ROD SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, w ON THE A THIS IS AN ACCURATE PLAT OF A D UNDER MY SUPERVISION DUR1 NG aJ NUARYP2� MADE ��4`'V.144 0' • rIALTER J. K81AZEII (� WALTER J. KSIAZEK SU ' 'y REGISTERED PROFESSIONAL LA RVEYOR 0. .321 • •• V •••••{OP 0 15 p A L 0:\PROJECTS\11013 4975 SASSAFRAS\Ci0\11013Es ts.dwg Feb 14, 2011 01:36pm 15' WIDE DRAINAGE EASEMENT AND THE ABANDONMENT OF A PORTION OF A 10' WIDE SHEET NO. Fittz&Shipman DRAINAGE EASEMENT INC• FROJ= NAM' CHARLES E. DENNINGS, SR. 5 AQ7S SASSAFRAS STREET 1405 CORNERSTONE COURT,BEAUMONI « » I�A(1WT TEXAS PROJECT N0. (409)832-7236 FAX(409)63: EXHIBIT B " DAT&'2-8-11 11013 M RICH WITH OPPORTUNITY r T • E • X • A • S City ouncil Agenda Item Y g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to execute a Lease Agreement with David Derharoutian. RECOMMENDATION Administration recommends authorizing the City Manager to execute a one (1)year Lease Agreement with David Derharoutian(Landlord) for the use of property located at 8155 Phelan Blvd., Beaumont, Texas. BACKGROUND EMS Med No. 4 has operated at 8155 Phelan Blvd., an 800 square foot facility, since April 2004. The current lease of$1,175.20 per month will expire on March 31, 2011. The Landlord has proposed a new one (1)year lease with the rental rate remaining at $1,175.20 per month. The new lease will begin on April 1, 2011 and end on March 31, 2012. All other provisions of the lease will remain the same. All utilities will be paid by the City, and minor maintenance of the facility, such as the air conditioning filter replacement and grounds maintenance, will be the responsibility of the City. Ingrid Holmes, Public Health Director, approves of the terms of the proposed new lease. A copy of the proposed lease in its substantial form is attached for your review. BUDGETARYIMPACT Lease payments of$1,175.20 per month total $14,102.40 over the term of the lease. Funds are budgeted in the EMS Division's operating budget. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one (1) year Lease Agreement, substantially in the form attached hereto as Exhibit "A," in the amount of $1,175.20 per month with David Derharoutian (Landlord) for the use of property located at 8155 Phelan Boulevard, Beaumont, Texas, for EMS Med No. 4. The new lease would begin April 1, 2011 and end March 31, 2012. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - TEXAS ASSOCIATION OF REALTORS(9) COMMERCIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®IS NOT AUTHORIZED. OTsxas Assocladon of REALTORS®,Inc.2010 Table of Contents No, Paragraph Descri tp ion pg. blo, Paragraph Descr' tin ion p9. 1. Parties 2 22. Holdover 10 2. Leased Premises 2 23. Landlord's Lien &Security Interest 11 3. Term 2 24. Assignment and Subletting 11 A. Term 25. Relocation 11 B. Delay of Occupancy 26. Subordination 11 4. Rent and Expenses 3 27. Estoppel Certificates & Financial Info. 11 A. Base Monthly Rent 28. Casualty Loss 12 B. First Full Month's Rent 29. Condemnation 12 C. Prorated Rent 30. Attorney's Fees 12 D. Additional Rent 31. Representations 12 E. Place of Payment 32. Brokers 13 F. Method of Payment 33. Addenda 13 G. Late Charges 34. Notices 13 H. Returned Checks 35. Special Provisions 14 5. Security Deposit 4 36. Agreement of the Parties 14 6. Taxes 4 7. Utilities 4 ADDENDA& EXHIBITS (check all that apply) 8. Insurance 5 9. Use and Hours 6 ❑ Exhibit 10. Legal Compliance 6 ❑ Exhibit 11. Signs 7 ❑ Commercial Lease Addendum for Brokers Fee 12. Access By Landlord 7 (TAR-2102) 13. Move-In Condition 7 ❑ Commercial Lease Addendum for Expense 14. Move-Out Condition 7 Reimbursement(TAR-2103) 15. Maintenance and Repairs 8 ❑ Commercial Lease Addendum for Extension A. Cleaning Option (TAR-2104) ❑ B. Conditions Caused by a Party Commercial Lease Addendum for Percentage C. Repair& Maintenance Responsibility Rent(TAR-2106) ❑ D. Repair Persons Commercial Lease Addendum for Parking E. HVAC Service Contract (TAR-2107) F. Common Areas ❑ Commercial Landlord's Rules and Regulations G. Notice of Repairs (TAR-2108) H. Failure to Repair ❑ Commercial Lease Guaranty(TAR-2109) 16. Alterations g ❑ Commercial Lease Addendum for Right of First 17. Liens g Refusal (TAR-2105) 18. Liability 9 El Commercial Lease Addendum for Optional 19. Indemnity 10 Space (TAR-2110) E]20. Default 10 Commercial Lease Addendum for Construction 21. Abandonment, Interruption of Utilities, (TAR-2111)or(TAR-2112) ❑ Removal of Property& Lockout 10 Commercial Lease Addendum for Contingencies (TAR-2119) ❑ ❑ ❑ Information About Brokerage Services (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 1 of 15 American Real Estate 3550 Dowlen Rd,Suite A Beaumont,TX 77706 Phone:409.866.9129 Fax: Kelli Maness D.DERHAROUTI Produced with ZipForrrl@ by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www zipL4pix rnrn EXHIBIT "A" 4111,h V TEXAS ASSOCIATION OF REALTORS® COMMERCIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®IS NOT AUTHORIZED. ®Texas Association of WALTORSO,Inc.2010 1. PARTIES: The parties to this lease are: Landlord: and Tenant: CITY OF BEAUMONT att: BRENDA DEAN 2. LEASED PREMISES: A. Landlord leases to Tenant the following described real property, known as the 'leased premises,"along with all its improvements (Check only one box): ❑ (1) Multiple-Tenant Property: Suite or Unit Number containing approximately square feet of rentable area in (project name) at (address) in (city), (county), Texas, which is legally described on attached Exhibit or as follows: Q (2) Sri gle-Tenant Property: The real property at: 8155 PHELAN (address) in BEAUMONT (city), JEFFERSON (county), Texas, which is legally described on attached Exhibit Q. WILLIAMS or as follows: ABSTRACT 59 TR 72-A SP-6 BLOCK 18 B. If Paragraph 2A(1)applies: (1) "Property" means the building or complex in which the leased premises are located, inclusive of any common areas, drives, parking areas, and walks; and (2) the parties agree that the rentable area of the leased premises may not equal the actual or useable area within the leased premises and may include an allocation of common areas in the Property. The rentable area ❑ will ❑ will not be adjusted if re-measured. 3. TERM: A. Term: The term of this lease is 12 months and -0- days, commencing on: APRIL 1. 2011 (Commencement Date) and ending on MARCH 31, 2012 (Expiration Date). (TAR-2101)1-26-10 Initialed for Identification by Landlord: and Tenant: Page 2 of 15 Produced with ZipForm@ by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 b ww-z4pLQgix cam D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT, B. Delay of Occupancy: If Tenant is unable to occupy the leased premises on the Commencement Date because of construction on the leased premises to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased premises, Landlord will not be liable to Tenant for such delay and this lease will remain enforceable. In the event of such a delay, the Commencement Date will automatically be extended to the date Tenant is able to occupy the Property and the Expiration Date will also be extended by a like number of days, so that the length of this lease remains unchanged. If Tenant is unable to occupy the leased premises after the 90th day after the Commencement Date because of construction on the leased premises to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased premises, Tenant may terminate this lease by giving written notice to Landlord before the leased premises become available to be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant. This Paragraph 36 does not apply to any delay in occupancy caused by cleaning or repairs. C. Unless the parties agree otherwise, Tenant is responsible for obtaining a certificate of occupancy for the leased premises if required by a governmental body. 4. RENT AND EXPENSES: A. Base Monthly Rent: On or before the first day of each month during this lease, Tenant will pay Landlord base monthly rent as described on attached Exhibit N/A or as follows: Dates Rate per rentable sc uare foot (optional) Base Monthly From To M nthly Rate Annual Rate Rent rsf/mo:nqth /risf/syear B. Additional Rent: In addition to the base monthly rent, Tenant will pay Landlord all other amounts, as provided by the attached (Check all that apply.): ❑ (1) Commercial Lease Addendum for Expense Reimbursement(TAR-2103) ❑ (2) Commercial Lease Addendum for Percentage Rent(TAR-2106) ❑ (3) Commercial Lease Addendum for Parking (TAR-2107) ❑ (4) All amounts payable under the applicable addenda are deemed to be "rent" for the purposes of this lease. C. First Full Month's Rent:The first full monthly rent is due on or before APRIL 1. 2011 D. Prorated Rent: If the Commencement Date is on a day other than the first day of a month, Tenant will pay Landlord as prorated rent, an amount equal to the base monthly rent multiplied by the following fraction: the number of days from the Commencement Date to the first day of the following month divided by the number of days in the month in which this lease commences. The prorated rent is due on or before the Commencement Date. E. Place of Payment: Tenant will remit all amounts due Landlord under this lease to the following person at the place stated or to such other person or place as Landlord may later designate in writing: Name: DAVID DERHAROUTIAN c/o Stacy Tvwater Address: Beaumont Area Federal Credit Union (TAR-2101)1-26-10 Initialed for Identification by Landlord: and Tenant: Page 3 of 15 Produced with ZipForrrog)by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 Ieoeoel.7*pLna4x CAm D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT F. Method-of Payment: Tenant must pay all rent timely without demand, deduction, or offset, except as permitted by law or this lease. If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is returned to Landlord by the institution on which it was drawn, Landlord after providing written notice to Tenant may require Tenant to pay subsequent amounts that become due under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant's failure to make timely payments with good funds. Shall 6e. ect,+nll,eA 6 55a.001 of -NNe, -ryas svernmen+ CQC6, G. Late Charges: the date it is due, Tenant will pay Landlord a late charq amount due. In this paragraph, e e an lord. The late charge is a cost associated with the coll andlor s ate charge does not waive ' o exercise remedies under Paragraph 20. H. Returned Checks: Tenant will pay$ 25.00 for each check Tenant tenders to Landlord which is returned by the institution on which it is drawn for any reason, plus any late charges until Landlord receives payment. 5. SECURITY DEPOSIT: A. Upon execution of this lease, Tenant will pay$ to Landlord as a security deposit. B. Landlord may apply the security deposit to any amounts owed by Tenant under this lease. If Landlord applies any part of the security deposit during any time this lease is in effect to amounts owed by Tenant, Tenant must, within 10 days after receipt of notice from Landlord, restore the security deposit to the amount stated. C. Within 60 days after Tenant surrenders the leased premises and provides Landlord written notice of Tenant's forwarding address, Landlord will refund the security deposit less any amounts applied toward amounts owed by Tenant or other charges authorized by this lease. 6. TAXES: Unless otherwise agreed by the parties, Landlord will pay all real property ad valorem taxes assessed against the leased premises. 7. UTILITIES: A. The party designated below will pay for the following utility charges to the leased premises and any connection charges for the utilities. (Check all that apply.) NLA Landlord Tenant (1) Water ❑ ❑ ❑ (2) Sewer ❑ ❑ ❑ (3) Electric ❑ ❑ ❑ (4) Gas ❑ ❑ 0 (5) Telephone ❑ ❑ O (6) Internet ❑ ❑ ❑ (7) Cable ❑ ❑ ❑ (8) Trash ❑ ❑ Q (9) ❑ ❑ ❑ (10)All other utilities ❑ ❑ ❑ B. The party responsible for the charges under Paragraph 7A will pay the charges directly to the utility service provider. The responsible party may select the utility service provider except that if Tenant selects the provider, any access or alterations to the Property or leased premises necessary for the utilities may be made only with Landlord's prior consent, which Landlord will not unreasonably withhold. If Landlord incurs any liability for utility or connection charges for which Tenant is responsible to pay and Landlord pays such amount, Tenant will immediately upon written notice from Landlord reimburse Landlord such amount. (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 4 of 15 Produced with ZipFormg)by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www aipl-opiY corn D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT C. Notice: Tenant should determine if all necessary utilities are available to the leased premises and are adequate for Tenant's intended use. D. After-Hours HVAC Charges: "HVAC services" means heating, ventilating, and air conditioning of the leased premises. (Check one box only.) d (1) Landlord is obligated to provide the HVAC services to the leased premises only during the Property's operating hours specified under Paragraph 9C. ❑ (2) Landlord will provide the HVAC services to the leased premises during the operating hours specified under Paragraph 9C for no additional charge and will, at Tenant's request, provide HVAC services to the leased premises during other hours for an additional charge of$ per hour. Tenant will pay Landlord the charges under this paragraph immediately upon receipt of Landlord's invoice. Hourly charges are charged on a half-hour basis. Any partial hour will be rounded up to the next half hour. Tenant will comply with Landlord's procedures to make a request to provide the additional HVAC services under this paragraph. (3) Tenant will pay for the HVAC services under this lease. 8. INSURANCE: Y " '� Lill iS Sri irOtAV-eJ. See tl.A-A-ackw.ev% ft I from an insurer authorized to operate in Texas: public liability insurance naming Landlord as an additional insured with policy limits on an occu ce is in a minimum amount of: (check only(a) or(b) below) ❑ (a) 00,000; or C] (b) $2,0 , 00. If neither box I hecked the minimum amount will be$1,000,000. (2) personal property mage insurance for the business operations be' conducted in the leased premises and contents ' the leased premises in an amount suffici o replace such contents after a casualty loss; and D (3) business interruption insurance icient to pay 12 months rent payments; B. Before the Commencement Date, Tenan st provi andlord with a copy of insurance certificates evidencing the required coverage. If the insur verage is renewed or changes in any manner or degree at any time this lease is in effect, an ust, not later than 10 days after the renewal or change, provide Landlord a copy of an in nce certifi evidencing the renewal or change. C. If Tenant fails to maintain the re d insurance in full force a ffect at all times this lease is in effect, Landlord may: (1) purchase insurance will provide Landlord the same coverage the required insurance and Tenant must im lately reimburse Landlord for such expense; or (2) exercise La rd's remedies under Paragraph 20. D. Unless parties agree otherwise, Landlord will maintain in full force and effect insu for: (1) fire an ended coverage in an amount to cover the reasonable replacement cost of the impr ments of e Property; and (2) any public liability insurance in an amount that Landlord determines rea able and appropriate. E. If there is an increase in Landlord's insurance premiums for the leased premises or Property or its contents that is caused by Tenant, Tenant's use of the leased premises, or any improvements made by or for Tenant, Tenant will, for each year this lease is in effect, pay Landlord the increase immediately after Landlord notifies Tenant of the increase. Any charge to Tenant under this Paragraph 8E will be equal to the actual amount of the increase in Landlord's insurance premium. (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 5 of 15 Produced with ZipForrrO by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.70pLogix_com D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT 9. USE AND HOURS: A. Tenant may use the leased premises for the following purpose and no other: Emeraency Medical emergency units a ee"ii;C49-auarters for employees B. Unless otherwise specified in this lease, Tenant will operate and conduct its business in the leased premises during business hours that are typical of the industry in which Tenant represents it operates. C. The Property maintains operating hours of(specify hours, days of week, and if inclusive or exclusive of weekends and holidays): 24 HOURS A DAY-SEVEN (7) DAYS A WEEK 10. LEGAL COMPLIANCE: A. Tenant may not use or permit any part of the leased premises or the Property to be used for: (1) any activity which is a nuisance or is offensive, noisy, or dangerous; (2) any activity that interferes with any other tenant's normal business operations or Landlord's management of the Property; (3) any activity that violates any applicable law, regulation, zoning ordinance, restrictive covenant, governmental order, owners' association rules, tenants' association rules, Landlord's rules or regulations, or this lease; (4) any hazardous activity that would require any insurance premium on the Property or leased premises to increase or that would void any such insurance; (5) any activity that violates any applicable federal, state, or local law, including but not limited to those laws related to air quality, water quality, hazardous materials, wastewater, waste disposal, air emissions, or other environmental matters; (6) the permanent or temporary storage of any hazardous material; or (7) B. "Hazardous material" means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, solvent, or oil as defined by any federal, state, or local environmental law, regulation, ordinance, or rule existing as of the date of this lease or later enacted. C. Landlord does not represent or warrant that the leased premises or Property conform to applicable restrictions, zoning ordinances, setback lines, parking requirements, impervious ground cover ratio requirements, and other matters that may relate to Tenant's intended use. Tenant must satisfy itself that the leased premises may be used as Tenant intends by inde en ndently investi9atina all matters related to fbe use-of-tba leased nremises-Q[ Pronertv. Tenant agrees-tbajjj-j jxA relying on any warranty representation made Landlord. Landlord's aoent.9C any broker concerninaAhe use-.QfAbe leased premises or Property" 11.SIGNS: A. Tenant may not post or paint any signs or place any decoration outside the leased premises or on the Property without Landlord's written consent. Landlord may remove any unauthorized sign or decorations, and Tenant will promptly reimburse Landlord for its cost to remove any unauthorized sign or decorations. B. Any authorized sign must comply with all laws, restrictions, zoning ordinances, and any governmental order relating to signs on the leased premises or Property. Landlord may temporarily remove any authorized sign to complete repairs or alterations to the leased premises or the Property. (TAR-2101)1-26-10 Initialed for Identification by Landlord: and Tenant: Page 6 of 15 Produced with ZipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 teoepe ApLogix corn D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT C. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all signs that were placed on the Property or leased premises by or at the request of Tenant. Any signs that Landlord does not require Tenant to remove and that are fixtures, become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. 12.ACCESS BY LANDLORD: A. During Tenant's normal business hours Landlord may enter the leased premises for any reasonable purpose, including but not limited to purposes for repairs, maintenance, alterations, and showing the leased premises to prospective tenants or purchasers. Landlord may access the leased premises after Tenant's normal business hours if: (1) entry is made with Tenant's permission; or (2) entry is necessary to complete emergency repairs. Landlord will not unreasonably interfere with Tenant's business operations when accessing the leased premises. B. During the last 30 days of this lease, Landlord may place a "For Lease" or similarly worded sign in the leased premises. 13. MOVE-IN CONDITION: Tenant has inspected the leased premises and accepts it in its present (as-is) condition unless expressly noted otherwise in this lease or in an addendum. Landlord and any agent have made-nQ es r�-cL implied warranties-asAl2Ahe conditioner erg use-Q{-the leased premises Property. 14. MOVE-OUT CONDITION AND FORFEITURE OF TENANT'S PERSONAL PROPERTY: A. At the time this lease ends, Tenant will surrender the leased premises in the same condition as when received, except for normal wear and tear. Tenant will leave the leased premises in a clean condition free of all trash, debris, personal property, hazardous materials, and environmental contaminants. B. If Tenant leaves any personal property in the leased premises after Tenant surrenders possession of the leased premises, Landlord may: (1) require Tenant, at Tenant's expense, to remove the personal property by providing written notice to Tenant; or (2) retain such personal property as forfeited property to Landlord. C. "Surrender" means vacating the leased premises and returning all keys and access devices to Landlord. "Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or abuse. D. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all fixtures that were placed on the Property or leased premises by or at the request of Tenant. Any fixtures that Landlord does not require Tenant to remove become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. 15. MAINTENANCE AND REPAIRS: A. Cleaning: Tenant must keep the leased premises clean and sanitary and promptly dispose of all garbage in appropriate receptacles. ❑ Landlord a Tenant will provide, at its expense, janitorial services to the leased premises that are customary and ordinary for the property type. Tenant will maintain any grease trap on the Property which Tenant uses, including but not limited to periodic emptying and cleaning, as well as making any modification to the grease trap that may be necessary to comply with any applicable law. (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 7 of 15 Produced with ZipForrTO by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.z*pLogqx.com D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT. B. Repairs of Conditions Caused by a Party: Each party must promptly repair a condition in need of repair that is caused, either intentionally or negligently, by that party or that party's guests, patrons, invitees, contractors or permitted subtenants. C. Repair and Maintenance Responsibility: Except as otherwise provided by this Paragraph 15, the party designated below, at its expense, is responsible to maintain and repair the following specified items in the leased premises (if any). The specified items must be maintained in clean and good operable condition. If a governmental regulation or order requires a modification to any of the specified items, the party designated to maintain the item must complete and pay the expense of the modification. The specified items include and relate only to real property in the leased premises. Tenant is responsible for the repair and maintenance of its personal property. (Check all that apply.) VILA Landlord Tenant (1) Foundation, exterior walls, roof, and other structural components....❑ 0 ❑ (2) Glass and windows ...........................................................................❑ ❑ 0 (3) Fire protection equipment and fire sprinkler systems........................❑ ❑ 0 (4) Exterior & overhead doors, including closure devices, molding, locks, and hardware .........................................................................❑ ❑ 0 (5) Grounds maintenance, including landscaping and irrigation systems ............................................................................................0 ❑ 0 (6) Interior doors, including closure devices, frames, molding, locks, andhardware ...................................................................................❑ ❑ 0 (7) Parking areas and walks ...................................................................❑ ❑ ❑ (8) Plumbing systems, drainage systems and sump pumps ..................❑ ❑ 0 (9) Electrical systems, mechanical systems ..........................................❑ ❑ 0 (10) Ballast and lamp replacement ..........................................................❑ ❑ 0 (11) Heating, Ventilation and Air Conditioning (HVAC)systems ..............❑ ❑ 0 (12) Signs and lighting: (a) Pylon ...........................................................................................❑ ❑ 0 (b) Facia ...........................................................................................❑ ❑ 0 (c) Monument ...................................................................................❑ ❑ 0 (d) Door/Suite ...................................................................................Cl ❑ 0 (e) Other: .............❑ ❑ 0 (13) Extermination and pest control, excluding wood-destroying insects ❑ ❑ 0 (14) Fences and Gates ............................................................................❑ ❑ d (15) Storage yards and storage buildings.................................................❑ ❑ 0 (16) Wood-destroying insect treatment and repairs .................................❑ 0 ❑ (17) Cranes and related systems .............................................................0 ❑ ❑ (18) ❑ ❑ (19) ❑ ❑ (20) All other items and systems. ............................................................. ❑ d D. Repair Persons: Repairs must be completed by trained, qualified, and insured repair persons. E. HVAC Service Contract: If Tenant maintains the HVAC system under Paragraph 15C(11), Tenant 0 is ❑ is not required to maintain, at its expense, a regularly scheduled maintenance and service contract for the HVAC system. The maintenance and service contract must be purchased from a HVAC maintenance company that regularly provides such contracts to similar properties. If Tenant fails to maintain a required HVAC maintenance and service contract in effect at all times during this lease, Landlord may do so and Tenant will reimburse Landlord for the expense of such maintenance and service contract or Landlord may exercise Landlord's remedies under Paragraph 20. (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 8 of 15 Produced with ZipForm@ by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zipLQg'x 2 D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT. F. Common Areas: Landlord will maintain any common areas in the Property in a manner as Landlord determines to be in the best interest of the Property. Landlord will maintain any elevator and signs in the common area. Landlord may change the size, dimension, and location of any common areas, provided that such change does not materially impair Tenant's use and access to the leased premises. Tenant has the non-exclusive license to use the common areas in compliance with Landlord's rules and regulations. Tenant may not solicit any business in the common areas or interfere with any other person's right to use the common areas. This paragraph does not apply if Paragraph 2A(2)applies. G. Notice of Repairs: Tenant must promptly notify Landlord of any item that is in need of repair and that is Landlord's responsibility to repair. All requests for repairs to Landlord must be in writing. H. Failure to Re air: Landlord must make a repair for which Landlord is responsible within a reasonable period of time after Tenant provides Landlord written notice of the needed repair. If Tenant fails to repair or maintain an item for which Tenant is responsible within 10 days after Landlord provides Tenant written notice of the needed repair or maintenance, Landlord may: (1) repair or maintain the item, without liability for any damage or loss to Tenant, and Tenant must immediately reimburse Landlord for the cost to repair or maintain; or(2)exercise Landlord's remedies under Paragraph 20. 16. ALTERATIONS: A. Tenant may not alter (including making any penetrations to the roof, exterior walls or foundation), improve, or add to the Property or the leased premises without Landlord's written consent. Landlord will not unreasonably withhold consent for the Tenant to make reasonable non-structural alterations, modifications, or improvements to the leased premises. B. Tenant may not alter any locks or any security devices on the Property or the leased premises without Landlord's consent. If Landlord authorizes the changing, addition, or rekeying of any locks or other security devices, Tenant must immediately deliver the new keys and access devices to Landlord. C. If a governmental order requires alteration or modification to the leased premises, the party obligated to maintain and repair the item to be modified or altered as designated in Paragraph 15 will, at its expense, modify or alter the item in compliance with the order and in compliance with Paragraphs 16A and 17. D. Any alterations, improvements, fixtures or additions to the Property or leased premises installed by either party during the term of this lease will become Landlord's property and must be surrendered to Landlord at the time this lease ends, except for those fixtures Landlord requires Tenant to remove under Paragraph 11 or 14 or if the parties agree otherwise in writing. 17. LIENS: Tenant may not do anything that will cause the title of the Property or leased premises to be encumbered in any way. If Tenant causes a lien to be filed against the Property or leased premises, Tenant will within 20 days after receipt of Landlord's demand: (1) pay the lien and have the lien released of record; or (2) take action to discharge the lien. Tenant will provide Landlord a copy of any release Tenant obtains pursuant to this paragraph. 18. LIABILITY: To the extent permitted by law. Landlord is NOT responsible to Tenant or Tenant's employees- patrons- guests,or invitees for any damages, inj trL ies, or losses to person or property caused by@ A. an act. omission, or neglect of: Tenant: Tenant's agents Tenant's guest; Tenant's employees; Tenant's ate; Tenant' invit ; or any other tenant on the Proms B. ftm flood. water leaks. ice. snow. hail. winds. explosion- smoke—, strike. interru tion_Q{ utilities. the& burglary robbery. assault. vandalism. other persons. environmental contaminants. _L other occurrences or casuaU losses. (TAR-2101)1-26-10 Initialed for Identification by Landlord: and Tenant: Page 9 of 15 Produced with ZipForm@ by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www zi I iY.nm D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT WILL BE RESPONSIBLE FOR 19. INDEMNITY: Each party y c elr!,gQ apd hnid thn -thap par y hara16& JW& anv property damage, personal suits, actions. liabilities. damages, cost�f r� r�_oL service��leased �remises� Property.4C av other loss caused, negligently_ x otherwiseJ2y that-RadX.92 that na ; 's employees, patrons, guests, or invitees. CAUSED 20. DEFAULT: A. If Landlord fails to comply with this lease within 30 days after Tenant notifies Landlord of Landlord's failure to comply, Landlord will be in default and Tenant may seek any remedy provided by law. If, however, Landlord's non-compliance reasonably requires more than 30 days to cure, Landlord will not be in default if the cure is commenced within the 30-day period and is diligently pursued. B. If Landlord does not actually receive at the place designated for payment any rent due under this lease within 5 days after it is due, Tenant will be in default. If Tenant fails to comply with this lease for any other reason within 10 days after Landlord notifies Tenant of its failure to comply, Tenant will be in default. see-9 remeAies as provideA �_-Y Tex" ICLW. C. If Tenant is in default, Landlord ma , accelerate all rents which are payable during the remainder of this lease or any renewal per' Landlo ill attempt to mitigate any damage or loss caused by Tenant's breach by using co rcially reasonable s. If Tenant is in default, Tenant will be liable for: (1) any lost rent; (2) Landlord's cost of re Nkqq the leased premises, including brokerage , advertising fees, and other fees necessary to rel?tilaQ leased premises; (3) repairs to the leased premises for beyond normal wear ear; (4) all Landlord's costs associated with ev of Ten uch as attorney's fees, court costs, and prejudgment interest; (5) all Landlord's costs associated with coll of r uch as collection fees, late charges, and returned check charges; (6) cost of removing any of Tena ' quipment or fixtures left on the ed premises or Property; (7) cost to remove any , debris, personal property, hazardous rials, or environmental contaminants le enant or Tenant's employees, patrons, guests, or ees in the leased premises or erty; (8) cost ace any unreturned keys or access devices to the leased premises, parkin as, or erty; 21. ABANDONMENT, INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY, AND LOCKOUT: Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c) removal of Tenant's property; and (d) "lock-out"of Tenant. 22. HOLDOVER: If Tenant fails to vacate the leased premises at the time this lease ends, Tenant will become a tenant-at-will and must vacate the leased premises immediately upon receipt of demand from Landlord. No holding over by Tenant, with or without the consent of Landlord, will extend this lease.Tenant will _ Rent for any holdover period will be 150% of the base monthly rent plus any additional rent calculated on a daily basis and will be immediately due and payable daily without notice or demand. (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 10 of 15 Produced with ZipFormOD by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zipLo9lx.com D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT 23. LA AND SECURITY INTEREST: To secure Tenant's performance and , Tenant gra ts to Land Ior_d-J!1Mnnm%I,-�ritv against a 1 rif Tannn P Personal pi that the leased premises or on the Pro ecurity agreement for the purposes of the Uniform Commercial C ay Ile a financing statement o d's security interest ommercial Code. 24. ASSIGNMENT AND SUBLETTING: Landlord may assign this lease to any subsequent owner of the Property. Tenant may not assign this lease or sublet any part of the leased premises without Landlord's written consent. An assignment of this lease or subletting of the leased premises without Landlord's written consent is voidable by Landlord. If Tenant assigns this lease or sublets any part of the leased premises, Tenant will remain liable for all of Tenant's obligations under this lease regardless if the assignment or sublease is made with or without the consent of Landlord. 25. RELOCATION: d A. By providing Tenant with not less than 90 days advanced written notice, Landlord may require Tenant to relocate to another location in the Property, provided that the other location is equal in size or larger than the leased premises then occupied by Tenant and contains similar leasehold improvements. Landlord will pay Tenant's reasonable out-of-pocket moving expenses for moving to the other location. "Moving expenses" means reasonable expenses payable to professional movers, utility companies for connection and disconnection fees, wiring companies for connecting and disconnecting Tenant's office equipment required by the relocation, and printing companies for reprinting Tenant's stationary and business cards. A relocation of Tenant will not change or affect any other provision of this lease that is then in effect, including rent and reimbursement amounts, except that the description of the suite or unit number will automatically be amended. d B. Landlord may not require Tenant to relocate to another location in the Property without Tenant's prior consent. 26. SUBORDINATION: A. This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (1) any lien, encumbrance, or ground lease now or hereafter placed on the leased premises or the Property that Landlord authorizes; (2) all advances made under any such lien, encumbrance, or ground lease; (3) the interest payable on any such lien or encumbrance; (4) any and all renewals and extensions of any such lien, encumbrance, or ground lease; (5) any restrictive covenant affecting the leased premises or the Property; and (6) the rights of any owners'association affecting the leased premises or Property. B. Tenant must, on demand, execute a subordination, attornment, and non-disturbance agreement that Landlord may request that Tenant execute, provided that such agreement is made on the condition that this lease and Tenant's rights under this lease are recognized by the lien-holder. A. Within 10 day i t of a written request from Landlord, execute and deliver to Landlord an estoppel certifica . Ies the ter I Ions of this lease. B. Within 30 days after re ' en request from Landlor rovide to Landlord Tenant's current fin ation (balance sheet and income statement). Landlor the financial a Ion no more frequently than once every 12 months. (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 11 of 15 Produced with ZipForrrO by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.z*pLoo'x.com D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT. 28. CASUALTY LOSS: A. Tenant must immediately notify Landlord of any casualty loss in the leased premises. Within 20 days after receipt of Tenant's notice of a casualty loss, Landlord will notify Tenant if the leased premises are less than or more than 50% unusable, on a per square foot basis, and if Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss. B. If the leased premises are less than 50% unusable and Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty, Landlord will restore the leased premises to substantially the same condition as before the casualty. If Landlord fails to substantially restore within the time required, Tenant may terminate this lease. C. If the leased premises are more than 50% unusable and Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty, Landlord may: (1) terminate this lease; or (2) restore the leased premises to substantially the same condition as before the casualty. If Landlord chooses to restore and does not substantially restore the leased premises within the time required, Tenant may terminate this lease. D. If Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss, Landlord may: (1) choose not to restore and terminate this lease; or (2) choose to restore, notify Tenant of the estimated time to restore, and give Tenant the option to terminate this lease by notifying Landlord within 10 days. E. If this lease does not terminate because of a casualty loss, rent will be reduced from the date Tenant notifies Landlord of the casualty loss to the date the leased premises are substantially restored by an amount proportionate to the extent the leased premises are unusable. 29. CONDEMNATION: If after a condemnation or purchase in lieu of condemnation the leased premises are totally unusable for the purposes stated in this lease, this lease will terminate. If after a condemnation or purchase in lieu of condemnation the leased premises or Property are partially unusable for the purposes of this lease, this lease will continue and rent will be reduced in an amount proportionate to the extent the leased premises are unusable. Any condemnation award or proceeds in lieu of condemnation are the property of Landlord and Tenant has no claim to such proceeds or award. Tenant may seek compensation from the condemning authority for its moving expenses and damages to Tenant's personal property. "r4 ', end' le^ej +orne s fets s/,.lf be ce„+rallecl 6 Tuas law, 30. ATTORNEY'S FEES: 31. REPRESENTATIONS: A. Tenant's statements in this lease and any application for rental are material representations relied upon by Landlord. Each party signing this lease represents that he or she is of legal age to enter into a binding contract and is authorized to sign the lease. If Tenant makes any misrepresentation in this lease or in any application for rental, Tenant is in default. B. Landlord is not aware of any material defect on the Property that would affect the health and safety of an ordinary person or any environmental hazard on or affecting the Property that would affect the health or safety of an ordinary person, except: (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 12 of 15 Produced with ZipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 momm2j9I agiY com D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT C. Each party and each signatory to this lease represents that: (1) it is not a person named as a Specially Designated National and Blocked Person as defined in Presidential Executive Order 13224; (2) it is not acting, directly or indirectly, for or on behalf of a Specially Designated and Blocked Person; and (3) is not arranging or facilitating this lease or any transaction related to this lease for a Specially Designated and Blocked Person. Any party or any signatory to this lease who is a Specially Designated and Blocked person will indemnify and hold harmless any other person who relies on this representation and who suffers any claim, damage, loss, liability or expense as a result of this representation. 32. BROKERS: A. The brokers to this lease are: G. W. PROPERTIES Principal Broker License No. Cooperating Broker License No. jg:LLI MANESS Agent Agent Address Address 409 673-6333 one Fax Phone Fax kbmaness@hotmail.com E-Mail License No. E-Mail License No. Principal Broker: (Check only one box) Cooperating Broker represents Tenant, Q represents Landlord only, ❑ representsTenant only. ❑ is an intermediary between Landlord and Tenant. B. Eem: 0 (1) Principal Broker's fee will be paid according to: (Check only one box). Q (a) a separate written commission agreement between Principal Broker and: Landlord ❑ Tenant. ❑ (b) the attached Addendum for Broker's Fee. r ❑ (2) Cooperating Broker's fee will be paid according to: (Check only one box). ❑ (a) a separate written commission agreement between Cooperating Broker and: t ❑ Principal Broker ❑ Landlord ❑ Tenant. ❑ (b) the attached Addendum for Broker's Fee. 33. ADDENDA: Incorporated into this lease are the addenda, exhibits and other information marked in the Addenda and Exhibit section of the Table of Contents. if Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at its discretion, amend from time to time. v s 34. NOTICES: All notices under this lease must be in writing and are effective when hand-delivered, sent by mail, or sent by facsimile transmission to: i Landlord at: David Derharoutian 'Q Address: 8114 High Terrace, Sucar Land Texas 77479 Phone: Fax: and a copy to:David Derharoutian Address: e-mail: devil- iron! * 1/_ 3113—5f 6(v Phone. Fax: ❑ Landlord also consents to receive notices by e-mail at: (TAR-2101)1-26-10 Initialed for Identification by Landlord: and Tenant: Page 13 of 15 Produced with ZipFormO by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www 7"ipl ag is corn D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT, Tenant at the leased premises, and a copy to: City of Beaumont c/o Brenda Dean Address: P.O. Box 3827 Beaumont, Texas 77704 Phone: Fax: ❑ Tenant also consents to receive notices by e-mail at: 35. SPECIAL PROVISIONS: Monthly Rents to be mailed to: Stacy Tywater Beaumont Area Educators Federal Credit Union P.O. Box 751 Beaumont, Texas 77704 All IMPROVEMENTS to 8155 Phelan will stay with property. If existing carpet removed it is to be replaced. Tenant responsible for carport and electricity to carport. Either party may terminate lease by providing thirty (30) day written notice. 36. AGREEMENT OF PARTIES: A. Entire Agreemen t:This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the parties and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, or refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its renewal, or its termination is binding on all Tenants. D. Controlling Law: The laws of the State of Texas govern the interpretation, performance, and enforcement of this lease.Vzrue- ar.d,,,�urt5d%CA-1c1n -6v- all d,spuks stall be- exclus;vejy in S2 erso� t:oun♦Y a11d fine 041.eii-, E. Severable Clauses: If any clause in this lease is found invalid or unenforceable by a court of law, the remainder of this lease will not be affected and all other provisions of this lease will remain valid and enforceable. F. Waiver: Landlord's delay, waiver, or non-enforcement of acceleration, contractual or statutory lien, rental due date, or any other right will not be deemed a waiver of any other or subsequent breach by Tenant or any other term in this lease. G. Quiet Enjoyment: Provided that Tenant is not in default of this lease, Landlord covenants that Tenant will enjoy possession and use of the leased premises free from material interference. (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 14 of 15 Produced with ZipForrr4D by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www-ZjpLnpix_Corn D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT H. Force Maieure: If Landlord's performance of a term in this lease is delayed by strike, lock-out, shortage of material, governmental restriction, riot, flood, or any cause outside Landlord's control, the time for Landlord's performance will be abated until after the delay. I. Time: Time is of the essence. The parties require strict compliance with the times for performance. Brokers are not qualified to render legal advice, property inspections, surveys, engineering studies, environmental assessments, tax advice, or compliance inspections. The parties should seek experts to render such services. READ THIS LEASE CAREFULLY. If you do not understand the effect of this Lease, consult your attorney BEFORE signing. CITY OF BEAUMONT Landlord:DAVID DERHAROUTIAN Tenant: P.O.Box 3827,Beaumont, Tx 77704 att: BRENDA DEAN By: By: By(signature): By(signature): Printed Name: Printed Name: Title: Title: By: By: By(signature): By(signature): Printed Name: Printed Name: Title: Title: (TAR-2101)1-26-10 Page 15 of 15 Produced with ZipFormO by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 woeoer zipl.ngix.cAm D.DERHAROUTI 5V~ 1 MR M City of Beaumont February 16, 2011 TO WHOM IT MAY CONCERN: The City of Beaumont is currently self-insured for all lines of coverage normally made available under the Texas Business Auto Policy. Comprehensive and collision accidents are paid as normal operating expenses. The City has a self-insured trust fund from which it pays all liability claims. The City currently purchases insurance for real and personal property. All real and personal property are protected by all risk type coverage including flood. Real and personal property are subject to a $50,000 deductible. If we can be of further assistance to you or provide you with additional information, please do not hesitate to contact us. Very truly yours, Matthew Martin, AIC, ARM Liability Administrator MM:rw Legal Department - (409) 880-3715 - Fax (409) 880-3121 P.O. Box 3827 - Beaumont,Texas 77704-3827 N RICH WITH OPPORTUNITY [1EAUM011* T • E ,, x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager R�- PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Bayou Willow Parkway, Part II. RECOMMENDATION The administration recommends approval of the following: • Bayou Willow Parkway approximately 35 feet east of existing Bayou Willow Parkway crossing the BNSF Railroad tracks to State Highway 124 (Fannet Road) . Also, recommended for approval are the storm sewer, water and sanitary sewer improvements for Bayou Willow Parkway Part II, right-of-way only. BACKGROUND The aforementioned improvements in the Multi-Purpose Facility(BISD)parkway passed final inspection from all entities involved on November 24, 2010. Bayou Willow Parkway Part I was approved by City Council on August 24, 2010, Resolution No.10-224 for the street, storm sewer, water and sanitary sewer improvements in the Right of Way only. BUDGETARYIMPACT None. P BAYOU WILLOW PARKWAY ROBERTS�.� PART 2 i PART 1 � COMBS EMERALD c� eR p pKs PLO Ce- VICINITY MAP BAYOU WILLOW PARKWAY PART 2 RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Bayou Willow Parkway, Part II, have been completed as follows: Street • Bayou Willow Parkway approximately 35 feet east of existing Bayou Willow Parkway crossing the BNSF Railroad tracks to State Highway 124 (Fannett Road). Storm Sewer, Water and Sanitary Sewer Improvements • Bayou Willow Parkway, Part II, right-of-way only. WHEREAS, the developers of said street desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department has determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; 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 above-referenced street, storm sewer, water and sanitary sewer improvements in Bayou Willow Parkway, Part II, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - RICK WITH OPPORTUNITY O 11EA,1111011 T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider authorizing the award of an annual contract for Fire Department Uniforms. RECOMMENDATION The administration recommends the award of an annual contract to Lone Star Uniform, Inc., of Houston, in the estimated amount of$49,318.25 and to Tyler Uniform, Inc., of Tyler, Texas in the estimated amount of$2,236.00. BACKGROUND Bids were solicited from seven(7)vendors. Responses were received from four(4) vendors. Lone Star Uniform, Inc., was low conforming bid on two (2) of the three (3)bid sections. Tyler Uniform, Inc., was low bid on the third section. Both Lone Star Uniform, Inc., and Tyler Uniform, Inc., have held this contract in prior years and both performed satisfactorily. The contract provides for Lone Star, Inc., to furnish Uniforms at the following fixed unit prices: Section 1 - Firefighter's Nomex®Uniforms Description Est.Qty Unit Price Men's S/S Shirts 200 $74.95/ea Men's L/S Shirts 85 $89.95/ea Women's S/S Shirts 10 $74.95/ea Women's L/S Shirts 10 $89.95/ea Men's Trousers 200 $79.95/ea Women's Trousers 10 $79.95/ea Annual Contract for Fire Department Uniforms March 8, 2011 Page 2 Section 2 - Fire Officer Uniforms Description Est. Qty Unit Price Elbeco Men's Trouser 40 $37.00/ea Blauer Men's Trouser 40 $36.00/ea Elbeco Men's L/S Shirt 40 $28.00/ea Blauer Men's L/S Shirt 40 $35.50/ea Elbeco Men's S/S Shirt 40 $24.00/ea Blauer Men's S/S Shirt 40 $30.00/ea Elbeco Women's S/S Shirt 12 $28.00/ea Blauer Women's S/S Shirt 12 $24.00/ea The contract provides for Tyler Uniform, Inc., to furnish Uniforms at the following fixed unit prices: Section 3 - Other Uniforms Description Est. Qty Unit Price Men's S/S Polo Shirt 40 $18.00/ea Women's S/S Polo Shirt 12 $18.00/ea Men's T-Shirt 40 $6.50/ea BUDGETARYIMPACT Funds are available in the Fire Department's operating budget. RESOLUTION NO. WHEREAS, bids were solicited for an annual contract to furnish Nomex uniforms and Fire Officer uniforms for the Fire Department; and, WHEREAS, Lone Star Uniform, Inc., of Houston, Texas, submitted a bid in the estimated amount of$49,318.25 in the unit amounts shown below: Section 1 - Firefighter's Nomex® Uniforms Description Est. Qty Unit Price Men's S/S Shirts 200 $74.95/ea Men's US Shirts 85 $89.95/ea Women's S/S Shirts 10 $74.95/ea Women's US Shirts 10 $89.95/ea Men's Trousers 200 $79.95/ea Women's Trousers 10 $79.95/ea Section 2 - Fire Officer Uniforms Description Est. Qty Unit Price Elbeco Men's Trouser 40 $37.00/ea Blauer Men's Trouser 40 $36.00/ea Elbeco Men's US Shirt 40 $28.00/ea Blauer Men's US Shirt 40 $35.50/ea Elbeco Men's S/S Shirt 40 $24.00/ea Blauer Men's S/S Shirt 40 $30.00/ea Elbeco Women's S/S Shirt 12 $28.00/ea Blauer Women's S/S Shirt 12 $24.00/ea and, WHEREAS, Tyler Uniform, Inc., of Tyler, Texas, submitted a bid in the estimated amount of$2,236.00 in the unit amounts shown below: Section 3 - Other Uniforms Description Est. Qty Unit Price Men's S/S Polo Shirt 40 $18.00/ea Women's S/S Polo Shirt 12 $18.00/ea Men's T-Shirt 40 $6.50/ea and, WHEREAS, City Council is of the opinion that the bid submitted by Lone Star Uniform, Inc., of Houston, Texas, for Firefighter's Normex uniforms and Fire Officer uniforms and the bid submitted by Tyler Uniform, Inc., of Tyler, Texas, for other uniforms 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 bid submitted by Lone Star Uniform, Inc., of Houston, Texas, for an annual contract to furnish Nomex uniforms and Fire Officer uniforms for the Fire Department for an estimated cost of $49,318.25 in the unit amounts shown above be accepted by the City of Beaumont; and, BE IT ALSO RESOLVED THAT the bid submitted by Tyler Uniform, Inc., of Tyler, Texas, for an annual contract to furnish other uniforms for the Fire Department for an estimated cost of$2,236.00 in the unit amounts shown above be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - RICK WIT5 OPPORTUNITT BEAUMON* REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 8,2011 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item 5-17/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a specific use permit to allow a trailer fabrication and repair business in a GC-MD (General Commercial-Multiple Family Dwelling)District at 5408 Washington Boulevard 2. Consider a request for a specific use permit to allow a retail strip center with the following but not limited to uses, a hamburger restaurant, insurance agency,retail T-shirt store,jewelry store, and candle store in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2)District at 622 W. Lucas 3. Consider a request for an amended specific use permit to allow a modification to the landscaping/screening requirements by deleting the 8'tall screening fence and 10'wide landscape strip along the east and south sides of the property as part of a specific use permit to allow dental and optometry offices in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 6705, 6725 and 6755 Delaware 4. Consider a request for amendments to the Zoning Ordinance, Section 28.03.023, Permitted Use Table,to conform to the new codification numbering and to correct typographical errors 5. Consider the abandonment of a drainage easement at 4975 Sassafras Lane 6. Consider the abandonment of a utility easement between Avenue E and Avenue F 7. Consider authorizing the City Manager to execute a joint election agreement for a general election for the City of Beaumont,Beaumont Independent School District, and the Port of Beaumont, for the conducting of a General Election on Saturday, May 14,2011,with a runoff election to be held in June,2011, if necessary 8. Consider amending Ordinance 11-004 to eliminate one(1)polling location and three(3)precincts that would strictly be used for the Beaumont Independent School District voters 9. Consider approving a contract for the Cartwright/Corley Drainage Project 10. Consider approving a bid to restore the exterior masonry walls of the Jefferson Theatre and Municipal Court Building 11. Consider approving a contract for rental of election equipment, software,training and other related services for the May 14,2011 General Election 12. Consider approving the purchase of new phone systems for the Municipal Court and Police buildings 13. Consider authorizing the City Manager to execute a Reimbursement Agreement for the removal of existing wooden poles and replace them with metal poles within the limits of Phase III of the Calder Street Project 14. Consider approving Change Order No. 2 for the Calder Avenue Drainage and Pavement Improvement Project—Phase II for"extra work" 15. Consider authorizing the City Manager to amend a contract with the Texas Department of Housing and Community Affairs for the Weatherization Program 16. Consider approving a resolution of preliminary support of the proposed Azure Point, a proposed Low Income Housing Tax Credit project WORKSESSION * Review and discuss proposed amendments to the Noise Ordinance 17. Consider amending Chapter 12,Article 12.08 Noise of the Code of Ordinances COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Edgard Sequeira Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. I March 8,2011 Consider a request for a specific use permit to allow a trailer fabrication and repair business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5408 Washington Boulevard RICH WITH OPPORTUNITY IIEA,UMON* T - E - X • A - s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager CSC PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow a trailer fabrication and repair business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5408 Washington Boulevard. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a trailer fabrication and repair business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5408 Washington Boulevard. BACKGROUND Bryant Maraist has requested a specific use permit. Mr. Maraist will be leasing a 2,500 sq. ft. space to Royce Long,owner of Long's Trailer Repair. Mr. Long states that the property will be used for the construction and repair of trailers and parts sales. Welding of steel and aluminum will be done inside the building. All galvanizing of trailers and parts will be done by AZZ Galvanizing at another location. No use of chemicals that have any odor will be used on the property. The only dust will be from table and circular saws. All grinding of small steel items,cutting of plywood or any other type of noisy operation will be inside the building where plywood walls and insulation have been installed to prevent any disturbance to neighbors. Hours of operation are from 8 a.m.to 5 p.m.,Monday through Friday and sometimes on Saturday. The trailers will be parked inside a fenced area. Mr. Long states that his company does not work on anything such as chemical tanks or any large vessel type trailer other than repairing lights on such trailers. At a Joint Public Hearing held February 21, 2011,the Planning Commission voted 6:0 to approve a specific use permit to allow a trailer fabrication and repair business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5408 Washington Boulevard. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TRAILER FABRICATION AND REPAIR BUSINESS IN A GC-MD(GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT AT 5408 WASHINGTON BOULEVARD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Bryant Maraist has applied for a specific use permit to allow a trailer fabrication and repair business in a GC-MD(General Commercial-Multiple Family Dwelling) District at 5408 Washington Boulevard, being Lots 54B and 55, Block 6, Caldwood Acres Addition, City of Beaumont, Jefferson County,Texas, containing 0.61 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a specific use permit to allow a trailer fabrication and repair business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5408 Washington Boulevard; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens. NOW, THEREFORE, BE IT ORDAINED 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, Section 1. That a specific use permit to allow a trailer fabrication and repair business in a GC- MD (General Commercial-Multiple Family Dwelling) District at 5408 Washington Boulveard, being Lots 54B and 55, Block 6, Caldwood Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.61 acres, more or less, as shown on Exhibit "A" attached hereto; and, is hereby granted to Bryant Maraist, his legal representatives, successors and assigns, as shown on Exhibit"A,"attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto,the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - File 2076-P: Request for a specific use permit to allow a trailer fabrication and repair Lousiness in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 5480 Washington Applicant: Bryant Maraist - - 0 100 200 I I I Feet Legend ® 2076P R=S R-S M o GC-MD o v � 0 ;o C-M GC-MD _ M WASHINGTON BLVD U EXHIBIT "A" .__.__- 355.74 S8B_00'37'E-- 74 % ''i.; �rTAL:T�t�It6lpl�%oN'St Ae PROPOSED RENOVATION XI$JiJ�Cj ON EXIST. BLDG. 8 I 7:1.00' N 88'00'37'W - _. I 1 � ASPHALT DRIVE' I I (EXIST.) nl _ w. Id m s I � :;,�;':%` ���A2!e��J�j�it'���ik,l►�c;;4i�J.5tA�'•• I m m L'• EXIST. OONC. ----'-- ----- -�- --------------—--�—t7 w 280.74' N 88'00'37'W 2 March 8,2011 Consider a request for a specific use permit to allow a retail strip center with the following but not limited to uses, a hamburger restaurant, insurance agency, retail T-shirt store,jewelry store, and candle store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas RICH WITH OPPORTUNITY 11EA,[114U111T T - E - X - A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow a retail strip center with the following but not limited to uses, a hamburger restaurant, insurance agency, retail T- shirt store,jewelry store, and candle store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a retail strip center with the following but not limited to uses, a hamburger restaurant, insurance agency, retail T- shirt store,jewelry store, and candle store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas. BACKGROUND Darlene Hanna has requested a specific use permit. Ms. Hanna states that she would like to construct a 4,600 sq. ft., retail strip center with space for five commercial establishments. The strip center will be anchored by the restaurant. The operating hours of the restaurant will be 10:30 a.m. - 8:00 p.m., Monday thru Saturday. The operating hours of the other commercial establishments will be 9 a.m. - 6 p.m., Monday thru Saturday. The property is currently occupied by a seasonally operated sno-cone stand. Christmas trees are also sold on the property during the Christmas season. In 2009, Ms. Hanna constructed a 2,300 sq. ft. dance studio at 4305 Calder. Since parking is at a premium at the dance studio/retail store location, Ms. Hanna was able to claim required parking on the subject property at 622 W. Lucas. The Zoning Ordinance allows required parking to be located within 400 feet of the subject property. At a minimum,the proposed shopping center will be required to have 36 parking spaces. An estimated 29 parking spaces can be accommodated on the site. This leaves Ms. Hanna with no overflow parking spaces for her dance studio/retail store. Ms. Hanna needs a minimum of fifteen spaces for her dance studio/retail store at 4305 Calder. She only provides seven spaces on that property. The remaining eight parking spaces were to be accommodated at 622 W. Lucas. At a Joint Public Hearing held February 21, 2011,the Planning Commission voted 5:0:1 to approve a specific use permit to allow a retail strip center with the following but not limited to uses, a hamburger restaurant, insurance agency, retail T-shirt store,jewelry store, and candle store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas subject to the following conditions: • The owner shall apply for and receive a special exception to the parking requirement for the property at 622 W. Lucas or reduce the size of the building to accommodate the available parking. • Reduce the driveways widths to a maximum of 35'. • Provide a six foot landscape strip along all parking lot frontages. • Construct the handicap parking spaces to meet ADA standards and specifications. • Delete a minimum of four parking spaces (as shown on site plan)to avoid traffic conflicts. NOTE: Transportation Engineering will have final approval on parking lot. Since the Planning Commission meeting,the applicant has addressed the conditions placed upon the specific use permit. The site plan reflects those changes. BUDGETARYIMPACT None. TO: Planning Commission and City Council, City of Beaumont, Texas FROM: Darlene Hanna RE: Proposed Retail Strip Center with Restaurant DATE: November 23, 2010 It is my intent to construct a five bay Retail Strip Center consisting of the following: Burger Restaurant (anchor), Insurance Agency, Retail Tee Shirt Store, Retail Jewelry Store and Retail Candle Store. The proposed hours of operation for the restaurant: 1030am-8pm, Monday thru Saturday and closed on Sunday. The restaurant will have limited seating, inside and out, with a drive thru pick-up window (phone in orders only). The retail stores proposed hours of operation: 9am —6pm, Monday thru Saturday and closed on Sunday. The zoning ordinance requires the following eight conditions be met. I look forward to working with Planning Commission and ask for help and guidance in this construction endeavor. A) The specific use will be compatible and not injurious and should significantly increase the land value and look of the current land. B) The establishment will continue the normal and orderly development improvement of surrounding vacant property. C) Plan to use/tie-in to all existing utilities and current four drainage areas and will provide any additional required. D) The parking and driveways will provide safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development. E) Adequate nuisance prevention measures will be taken to prevent and control offensive odor, fumes, dust, noise and vibration. F) Directional lighting will not disturb or adversely affect neighboring properties. G) Sufficient landscaping and screening will be provided to insure harmony and compatibility with adjacent property. H) The proposed use is in accordance with the Comprehensive Plan. We will work hand-in-hand with City Planning Commission to ensure all of the above conditions will be met and any other requirements that are not currently being met that indeed must be implemented. Thank you very much for your time and consideration. Sincerely; si Darlene Hanna 409-363-4571 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW FOR A RETAIL STRIP CENTER INCLUDING A HAMBURGER RESTAURANT, INSURANCE AGENCY, RETAIL T-SHIRT STORE,JEWELRY STOREAND CANDLE STORE IN A GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT AT 622 W. LUCAS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Darlene Hanna has applied for a specific use permit to allow for a retail strip center including a hamburger restaurant, insurance agency, retail T-shirt store,jewelry store and candle store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas, being Lots 9-13, Tract 1 and Lot 8, Tract 2, Block 1, Calder Highlands Addition, City of Beaumont, Jefferson County, Texas, containing 1.057 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a specific use permit to allow for a retail strip center including a hamburger restaurant, insurance agency, retail T-shirt store, jewelry store and candle store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens;. NOW, THEREFORE, BE IT ORDAINED 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, Section 1. That a specific use permit to allow for a retail strip center including a hamburger restaurant, insurance agency, retail T-shirt store, jewelry store and candle store in a GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas, being Lots 9-13, Tract 1 and Lot 8, Tract 2, Block 1, Calder Highlands Addition, City of Beaumont, Jefferson County, Texas, containing 1.057 acres, more or less, as shown on Exhibit 'A," attached hereto; and, is hereby granted to Darlene Hanna, her legal representatives, successors and assigns, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes,. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - e - : Request for a specific use permit to allow a retail strip center with the following but not limited to uses, a hamburger restaurant,insurance agency, retail T-shirt re,jewelry store, and candle store in a GC-MD-2 (General Commercial-Multiple Family 211ing-2) District. Location: 622 W.Lucas 0 100 200 ,Applicant: Darlene Hanna t_ � i i Feet Legend R S ® 2070P EAST DR R-S O R-S -J GCS � 90 G2 G�2 GC-MD GC-M-D C. , D r c 0 CALDER AVE GC-MD N to �_S R-S GC-MD C---M® EXHIBIT "A" �1` 1 m S,ypp�� y f r 17 lie IN ?P to 2 r�: 6;,_Z wssrL�,c.As Al - - \A/ L u G A - - --- -- - ------------- 3 March 8,2011 Consider a request for an amended specific use permit to allow a modification to the landscaping/screening requirements by deleting the 8'tall screening fence and 10' wide landscape strip along the east and south sides of the property as part of a specific use permit to allow dental and optometry offices in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 6705, 6725 and 6755 Delaware I RICH WITH OPPORTUNITY 11EA,11M0N* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C.* PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a request for an amended specific use permit to allow a modification to the landscaping/screening requirements by deleting the 8'tall screening fence and 10' wide landscape strip along the east and south sides of the property as part of a specific use permit to allow dental and optometry offices in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District at 6705, 6725 and 6755 Delaware. RECOMMENDATION The Administration recommends approval of the modification to the landscaping/screening requirements along the south or east property lines until such time as the property to the south or east is developed. BACKGROUND Daron Etie, Peter Cass and Scott Traylor, representing Beaumont Property Investments have requested an amended specific use permit. Dr. Cass states that the original intent was to develop the property as a whole. The specific use permit that was granted for this property was conditioned upon providing the fencing and the landscape strip. However, in 2008, the subject property was subdivided into a three lot subdivision. Dr Etie built his dentistry office approximately one year ago on Lot 1. Dr. Cass recently opened his optometry office on Lot 2. The remaining property, Lot 3, is listed for sale. The doctors are requesting that the fences and landscape strips be waived until such time that Lot 3 is developed and that the fence and landscape strip along the east side of Lots 1 and 2 be waived until such time that the adjacent property develops. At a Joint Public Hearing held February 21, 2011, the Planning Commission voted 6:0 to deny the modification to the landscaping/screening requirements along the east property lines of Lots 1 and 2 and approval of the modification to the landscaping/screening requirements along the east and south property lines of Lot 3 until it is developed. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO BEAUMONT PROPERTY INVESTMENTS TO ALLOW A MODIFICATION TO LANDSCAPING/SCREENING REQUIREMENTS AS PART OF A SPECIFIC USE PERMIT TO ALLOW DENTAL AND OPTOMETRY OFFICES IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT AT 6705, 6725 AND 6755 DELAWARE. WHEREAS, on August 28, 2007, City Council approved Ordinance 07-084 issuing a specific use permit to Daron Etie to allow a dental office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located on the east side of Delaware Extension, approximately 106' northeast of Wilcox Lane, subject to the following conditions: • Provide an 8' tall wood screening fence and 10' wide landscaping strip along the east and south property lines. WHEREAS, Daron Etie, Peter Cass and Scott Traylor, representing Beaumont Property Investments, wish to amend the specific use permit to allow for a modification to the landscaping/screening requirements by deleting the 8'tall screening fence and 10' wide landscape strip along the east and south sides of the property as part of a specific use permit to allow dental and optometry offices in a GC-MD-2 (General Commercial- Multiple Family-2) District at 6705, 6725 and 6755 Delaware; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the specific use permit to allow a modification to the landscaping/screening requirements by deleting the 8' tall screening fence and 10'wide landscape strip along the east and south sides of the property as part of a specific use permit to allow dental and optometry offices in a GC-MD-2 (General Commercial-Multiple Family-2) District at 6705, 6725 and 6755 Delaware; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY 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, Section 1. That Ordinance 07-084 be amended by amending the specific use permit granted to Daron Etie, his legal representatives,successors, and assigns for that certain tract shown on Exhibit "A" attached hereto and made a part hereof for all purposes, to allow a modification to the landscaping/screening requirements by deleting the 8' tall screening fence and 10' wide landscape strip along the east and south sides of the property until such time as the property to the east and south is developed as a condition of the specific use permit to allow dental and optometry offices in a GC-MD-2 (General Commercial- Multiple Family-2) District at 6705, 6725 and 6755 Delaware. Section 2. Notwithstanding the site plan attached hereto as Exhibit "B", the use of the property herein above described shall be in all other respects, subject to all of the applicable regulations contained in Ordinance 07-084 and the regulations contained in Chapter 30 of the Code of Ordinances of the City of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - FRequest for an amended specific use permit to allow a modification to the g/screening requirements by deleting the 8' tall screening fence and 10' wide trip along the east and south sides of the property as part of a specific use llow dental and optometry offices in a GC MD-2 (General Commercial-Multiple elling-2) District. 705 and 6725 Delaware Applicant: Beaumont Property Investments 0 100 200 300 400 I Feet R-S ,��� A-R Legend ���►� ® 2075P R=S �.P'N�PNP R-S A-R Q y RAM-H Q V - - - 0 G' GC-MD WILCOX LN -- - R-S CA C R-S N R-S - �`y v EXHIBIT "A" * Approval of the modification to the landscaping/screening requirements along the south or east DRAWN BY: AN CHECKED BY: SGM property lines until such time as the property to the south or east is developed. REVISIONS a TY.F q•nl yWII,IV BEAUMONT WEST • . SECTION FIVE I '� �j � I.ai 14 I � `' PROPOSED OFFICE FOR I� 4 `\ �•\ BEAUMONT i• ••"� EYE CARE CENTER ."+.L' i� � cr .as \y, i1.`�•E:j ;.�•"�� :.j..'..r � W BEAUMONT.TEXAS LOT 1 q V.1J. •�l` CO BLOCK? I t - ,1� \\�..! •'E_ i.: O ^ •:k••.:a X F�F' �{i "" I ,I .�• �° �• ,•••�•` -.���.:.'1.�.'.. X (\L7vTSj�LLjl'I'S t 6B E e� •• )Y, ia.. W DESIGN CONSULTING I ;ql . r �' `f` v `\\ ``• :.f SERVICES 990 I ' / M� ..\ y";, Jl• �, • rr�p \\ ..:� l-..'-•' 2612 EVERGREEN OR ;y,. r.;<:�..,, PEARIAND,TEXAS 77581 1 I i M � Y S., __• 261.660.8509 BEALRADWINEST I ... ,ftyyyy R+ I / -\`• �. .. t of SECTKKi THEE I - gf.•{ �iI \ ::•i:^..4' t ----- - _-- - -- - -- ----- ------------- _. .s SITE PLAN A ---- --- - -'(7 I�?�_ � �--�•- DATE. DEC 10.zoo ---v`—r�- .J�.... •.•. ::. ^v.i.. .. -� L•�mevti �...�w.. SCALE: I�B'_-I••0• SHEET OF 4 March 8,2011 Consider a request for amendments to the Zoning Ordinance, Section 28.03.023, Permitted Use Table, to conform to the new codification numbering and to correct typographical errors RICH WITH OPPORTUNITY [IEA,UMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager CS7 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a request for amendments to the Zoning Ordinance, Section 28.03.023, Permitted Use Table, to conform to the new codification numbering and to correct typographical errors. RECOMMENDATION The Administration recommends approval of a request for amendments to the Zoning Ordinance, Section 28.03.023, Permitted Use Table, to conform to the new codification numbering and to correct typographical errors. BACKGROUND The Planning Manager has requested amendments to the Zoning Ordinance. The Planning Manager is asking the Planning Commission and City Council to consider amendments to the Zoning Ordinance, Sec. 28.03.023,Permitted Use Table to conform to the new codification numbering and to correct typographical errors that have occurred over time. In 2006, City Council approved amendments to the Permitted Use Table to temporarily require that all uses in the CBD(Central Business District)require a specific use permit. In 2009, City Council approved amendments to the Permitted Use Table to allow some uses by right and others with a specific use permit. During these amendment processes, it appears that several versions of the Permitted Use Table were in use. After a thorough review, staff has compiled a Permitted Use Table that incorporates all the changes that have been approved by City Council. In addition, approval of these amendments would make the Permitted Use Table conform to the new codification numbering of the City Code of Ordinances. At a Joint Public Hearing held February 21, 2011, the Planning Commission voted 6:0 to approve amendments to the Zoning Ordinance, Section 28.03.023, Permitted Use Table, to conform to the new codification numbering and to correct typographical errors. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTION 28.03.023, PERMITTED USE TABLE, TO CONFORM TO THE NEW CODIFICATION NUMBERING AND TO CORRECT TYPOGRAPHICAL ERRORS CONTAINED IN THE CURRENT CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Section 28.03.023, Permitted Use Table, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as described in Exhibit "A," attached hereto and made a part hereof for all purposes. Section 2. That, in all other respects, the use of the properties described in Exhibit"A"shall be subject to all of the applicable regulations contained in Chapter 38 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - SEC 28.03.023 PERMITTED USE TABLE Rev erlu ZONING DISTRICT I Parking Special PERM-. ITTED-PRIM-A A R _RY USES Group Con d. r - - — — -- . -- -- - - - - - -- - sic A-R R-S RM-M RM-H RCR RCR-H NC NSC GC-RID GC-MD-2 CBD C-M LI HI w GROUP - P P P oouuaa art �rtdr + ps 40 (except as noted) P S pp P S S P PPS 018 Horticultural Specialties 8 {I I (including retail sales) P --- - -- --- ---- P o �ctu xuan tt~sYnc►c - 15 P P PPS a7c�tc tuir 4si s _7 - - - - - (except as noted) P S P P P S S P P P S 074 veterinary Services P SS S S S P P P S 0752 Kennels 14 17 SID P S S P P P S 076 Farm Labor and Management Services 14 (except as noted) P S I sip P S S P P P S 078 Landscape/Horticultural Services 14 (except as noted) P PPS 0782 Lawn and Garden Services 1 4 P S S S --S S S P PPS 0783 Tree Services 7 1 t � _ I I - a �os �oaer 6 P fits �ISNtNc Ht1N7}f�Ct AtJt IRAPk'1NG i 7 1 S P P P P P P P P P P S P PPP 7 S - l - -._ P as al+Nii�rG ARt7 Rx?AFtilarfNO QF NOW-": 7 l 1 i - — - - -- � - # -7 � -23 S -- S - S P PPS f stnr►+va cr�ls�rl�itwtr+ ....: ; - I GgN7RAtr#t)13 -f--4 - - - - - - - - - -- - J - -- --• S - S - S_ P P P S si;H>=nwr >�+ rRtt�vlc v + +ewA�t - - ---- � + au,�.�irr�coHsr�>✓zcrt>rara.� .�. . _ ..._ ::� _ } ! IS - S -— S P- -PPS ei►sirutl+ rp><crxt rt� 7 23 -- I - -- ;> { t-- I —L - - - I I I. I ! CQfiYTftACTORS- EXHIBIT "A" SEC 28.03.023 PERMITTED USE TABLE REV 8/10 ZONING DIs'PRICT - Parking Special TT PERMITTED PRIMARV USES Group Cond. I -1— --- �- - - - - ----- -- - -- - - -- --- -- - - _ -- -- -- sic A-R R-S RM-M RM-11 RCR RCR-H NC NSC GC-NID GC-MD-2 CBD C-M LI HI PUD GROUP ..–---- ---- - ----- - ---- — - .., S S P a c twWomm 046 rs _ 7 18 (except as noted) I i S P P 2013 Sausage and Other Prepared Meat Products 7 18 S P P 202 Dairy Products ? j 18 -- ---- - S P P 203 Canned and Preserved Fruits and Vegetables 7 18 P P - 2045 Prepared Flour Mixes and Doughs - - _ - -. - + � 7 18 } S S P P P P 205 Bakery Products 7 18 _ S_ S P_ P P P _ 12064-67 Candy and Other Confectionary Prod_ I 7 18 S P P 2085 Distilled and Blended Liquers - --- S S S P P P 2086 Bottled and Canned Soft Drinks and I 7 18 Carbonated Waters S P P 2087 Flavoring Extracts and Syrups Not I 7 18 Elsewhere Classified i P P 209 Misc.Food Prep and Kindred Products 7 18 - . P - - _ 7 18 S P xt rcca t�I�ou cs S P P zz ��tn� tn.. acat�tzc 7 .18 S P P P z�RtarzI � [ tivisx+ t}Piziw 7 i 18 - -- l- - I - - -- - -- - - - ` --- I I S P — 7 18 { _ I �XCEI?T KURNC'[i7R£hex as ttbt�dj .. S P P 243 Millwork,Veneer Plywood and 7 18 Structural Wood Members S P P 244 Wood Containers 7 18 S P P 2499 Wood Products,Not Elsewhere Classified 7 i 18 S P P � N�u+��aNiIxrurs 7 18 S P zs � etx alv�Aktt tfit aRriU �S;' -7--- 18-- -- -- -- - � (except as noted) - S P P 265 Paperboard Containers and Boxes -7 18 t S P P _ 267 Converted Paper and paperboard 7 18 i (- Products,except containers and boxes r — SEC 28.03.023 PERMITTED USE TABLE ZONING DISTRICT I Parking Special PERMITTED PRIMARY USES I Group sic Cund. -- -- — -- — - -- - - t --- A-R R-S RM-M RM- RCR RCR-H NC NSC GC-I%ID GC-MD-2 CBD C-M 1.1 HI PUD GROUP 1 - S S S P PP Pi�►1+[rlrza�>�uet sHtro nr a+.u>~p 7_ S P asHMiCAi S AiV13tL L1 :PF20flt1G C;___-_ _ 7 - (except as noted) S P i S 2892 Dru9os - _ 7 ives I -- - - -� _ - -- -- - - - - - - - - - -- --j - S Ps pl~rar rl rr>tsr a.x �nrn 7 S S P 295 Temporary Batching Plants 7 10 -� S�P s uaaaY» nrt Scr c'I�►t P V$11 -7 18 - - S P P 3t k4b7ktlti A#ta CbTHl+f2:pftC3fWCt5 7 1 18 -, (except as noted) ; I SC —_I`� P 311 Leather Tanning and Finishing j 7 I 18 � I S P P 7 - 18 S P P 324 Cement Hydraulic ; 7 j 18 S PIP 327 Concrete 7 18 Gypsum and Plastic Products f (except as noted) S S 7 18 P — I3273Temporary Batching Plant -- — ---f -- - - -- �- - - --_ - i S P 329 Abrasive Asbestos,and Miscellaneous 7 18 i Non-Metallic Mineral Products — --- { J P 33 PFT[DR1 iVlEfa?Ek 1N[1U&TRY)8 7 I - --- S �P P sn FasI �7�o a rA� s�rronucrs, 7 18 I - — --- -- _ Ir El4�ER:T 011AGHII��RV 8 T12I�NSpOR7R714N :: 1 i s P 3441 Fabricated Structural Steel _ � E~"�t71F'Nf�l�7 eXCe as r<utedl I { S P 3443 Fabricated Plate Work(Boiler Shops) i 7 18 - - - -- --- S P� 346 Metal Forgings and Stampings 7 18 SEC 28.03.023 PERMITTED USE TABLE REV 8110 ZONING DISTRICT Parking i Special PERMITTED PRIMARY USES Group Cond. SIC RM-M RNI-11 RCR RCR-H NC NSC GC-MD GC-MD-2 COD C-M LI III PUD GROUP S P 348 Ordinance and Accessories except 7- i-18 ---- --------- Vehicles and Guided Missiles S P 349 Miscellaneous Fabricated Metal Prod. -7 18 S P 351 Engines and Turbines 71 18 S P 3523 Farm Machinery and Equipment 7 18 S P P 3524 Garden Tractors and Lawn and Garden 7 18 Equipment 353 Construction,Mining and Materials Handling Machinery_and Equipment -- ---— ---- S P P 354 Metalworking Machinery and Equipment 1 7 18 J P P 355 Special Industrial Machinery except Metal- 7 1- 18 working Machines S P 11356 �_—} - .L.. 18 Gen.Industrial Machinery and Equipment S S P P 357 Computer and Office Equipment 7 18 I T- S P P 358 Refrigeration&Service Industry Machine 1 8 wy T S P P 1359 Miscellaneous Industrial and Commercial 7 i- 18 Machinery and Equipment S S S P P 1 0 4 S--P .......... S P -PPS 3732 Boat Building and Repair 7- S S S P P P 7 ............. ... .......... ............ .......... ------------- 7.-7 S S S S P P L SEC 28.03.023 PERMITTED USE TABLE REV silo ZONING DISTRICT I - Parking { SpeciAl T I PERMITTED PRIMARY USES Group Cond. sic j A-R R-S RM-M RM-H RCR RCR H NC NSC CC MD GC MD 2 CDD C-M IJ HI PUD GROUP S S S P P P S aoItro �rawstts�c>r+ - -- 7 S S S P P j- WT P S 41 LOCAL SUBURBAN TRANSIT AND 7 ... AT Qlat{ eRt as notied}k { , P S S �P PPS 14119 Local Passenger Transportation,Not � 7 1 � Elsewhere Classified I � S S S P P P S 20 20 arlrx.vaa�t�Hc7t��IrtG ; S S P P P P S 4225 General Warehousing and Storage I_ --�-- � P P P S P S P 7 j I .• :; { I - S ;S P P S {as w�fi aac�tTt>tzrt . .. j_ _7_ 1 I `I �- - �S _l P- P_ P S a5 tr��ts�trt�tA`rtc�u�>t�t� � 7 I � � I fex�>'lt�s nnied f t a S i � S �S S_ S_ S S S I Heliport and helistops 41 16 i - - -� - ---------- - P S P- P SS �P P P P S P PSs �r� ��rvsxc>~r�r rrl� uta1 �r�s { FT — --- S - S S P I P 1 P�S ar rrrsofrr�tr src�s 7 --- f + l i l �- I S S _ c G7 c P 'S �P PP1 (except as notes)J 1 1 - S 14724 TRVEL AGENCIES 1 4 I S �S P P S S P P P S kkas ctnnrt�nlr>rarus 7 - _ _._. - — -- _ S -_ 7 S S P PPS �� �r.�crrzr�,�as,u�o s�rtrraR�r. i _ . - - - - SERVICE(except as noted) P P P P P P P P P P P P P P P 4971 Irrigation Systems 7 - - (except as noted) - _ $ - --- S IS S P_ PPS so uvtrQr;rsar.e i�tn�a�nuRaei_�rsooas i l --� - - -- --- - j. _ - - -c c - I i c c P S 5015 Motor Vehicle Parts,Used - _8 � c P P P L+ S J S P 15074 Plumbing and Heating Equipment and Spls. p C o t S S I P S 5093 Scra and Waste Materials 8 SEC 28.03.023 PERMITTED USE TABLE REV 8r10 ZONING DISTRICT Parking i Special PERMITTED PRIMARY USES Group Cond. sic .4-R R-S RM-M RM-H RCR RCR-H NC NSC GC BID GC-MD-2___CBD C-M I.1 HI PUD GROUP 1 1 S S S P PPS 8 } (except as noted) L l � S S P P P P S- 514 Groceries and Related Products -- - - - -- - I --- - S S P S _ 515 Farm Product-Raw Materials S S P S 5169 Chemicals and Allied Products Not 8 P 518 Beer Wine and Distilled Alcoholic Beverages Elsewhere Classified S_ - iSP P _P -�S_ -- - _ 9 — - - , - � - - ..._. . 8 -- �- P P P S S P PPSsr� o � 13 I i S S S S P P PS 527 Mobile Home Dealers 8 P P S S P PP 13 13 _- --- i I � S I i P P P S P P PPSs4t�0asraR 12_ 13 - — ' 55 AtITQ.CJFALk�iS 14C,ID r31�QI.it$�. 13 - I P P S S P -P P S 1551 Motor Vehicle Dealers(New&Used) 24 S P S S P P P S 552 Motor Vehicle Dealers(Used Only) 23 } - -- - - - -- --- -- - - - - - - -- - — 3 --- Supply _ S P P P S S P P 553 Auto&Home Su ply Stores i S S P P S S P PPS 554 Gasoline Service Stations 38 P P S S P PPS 555 Boat Dealers 24 I f P i J �S P P P S 557 Motorcycole Dea let Trailer.Dealers �4 ----- ---�-- - -- - -- --- - - ----------- S }P S S P P P S 1559 Auto Dealers,Not Elsewhere Classified 23 S P P P S P P �P P S 13 13 S - P P P S P P PPS S�HOM£FURN1&F1ttPC�$ �uaNlxWtE 14 13 - -- - - - ' I -I SEC 28.03.023 PERMITTED USE TABLE REV 8/10 ZONING DISTRICT - _ --__ _ _ Parking Special �— PERMITTED PRIMARY USES Croup Cond. sic - - A-R R-S RM-M RM D H RCR RCII-11 NC NSC GC M GC MD-2 CID C-M I 1 HI PUD CROUP { -- $>*axtM¢ys Qi2fPtf4lNfi + aGs tas noted} I - 2 S S SP P S P P P P S 5812 Eating Places(Inc Carry Out Caterers) 1 269) 11 S S S S P P PS 5813 Drinking Places 26 S S S 2082 Brewpubs 26 i S S S {2084 Wineries 26 Is MtscLtIvus rzr�u�lay noteC) -13 S P I P P i s P P P P S 591 Drug Stores and Propriety Stores 13 C SIP P S S P P PS 592 Liquor stores 1- t is P P P S P P P P S 593 Used Merchandise Stores 14 21 �S P I P P S P _ P P P S 5941 Sporting Goods and Bicycle Shops 13 _.� I S PIP �P -S - P- P P P S s9az Book Stores(General) -- f 13 �- -- P P 15942 Book Stores(Adult) 13 2 -- --- - { ! (including gifts and novelties) r -- � -- �S pip _ �P 5 - �P �P P�P S �5sa3 stationery stores 13 -- — 1 - -�- (_ I - - 5944 Jewelry Stores 13 S I P P P P P S ssa5 P P S --- - lS I P�P IP S P P PPS iHobby,Toy and Game Shops � 13 ICJ P I P P S P P P P S 15946 Camera and Photography Supply Stores 1 -- -_ - - - - -- -- --- - - 3 , I S PIP P S P 1 P- P P S 15947 Gift,Novelty and Souvenir Stores ! 13 ---.. -- -- - - --- -- --- - -- - 1- S P P P S P P P P S 5948 Luggage and Leather Goods Stores 13 S P P P S P P P P S 5949 Sewing Needlework and Piece Goods Stores I 1 3 { J S P P P S P P PP S 596 Nonstore Retailers 7 S PP P S S P P PS 598 Fuel Dealers 15 - i S P I P f S I S P t P P S 599 Retail Stores,Not Elsewhere Classified 13 t 1 f S P P P I S- - P P j P+P S I`� a Pasirai? +r�STt uticarrs 14 1 � - { 1 S! ss N©r�o�tyas)3av�rrsx}rurwfvs 14 S - f I PIP �P IS - P P P-LP - , _ ------- __ ! I P P I S P P PPS sz s �tz�► ttio 1GOnttica�!(Y�raxlscs 14 -- -� r- - - -- - -- - --- - - -t S tS ss rrsuNC catx�zfRS; 14 � �S I S P P P S P P P P -- 1 - ts is S PP P S iP P P P S a fN9C1+ANC$11fG�N�$ .3 KERS AND 14 SEC 28.03.023 PERMITTED USE TABLE REV 8/10 ZONING DISTRICT _ Parking Special — 11 PERMITTED PRIMARY USES Group Cond. f sic ; -- --,- GC MD-2 CBD C-M L1 HI PUD GROUP - - - 1 A R R-S RM-M RM HI I2CR RC h(. NSC GC 111DII S S S P P P S P P PPS s5ax ,r Ex�rrs rroTt 14 l S S S S S S S S S S S S S SS 6553 Cemetery Subdivision and Developers I 41 (subject to state statutes) _ S S S P P P S P P P P S 14 &fk'f'H> R k{3p6`IMFo AkA��S(as noted} S P S S P P P S 701 Hotels,Motels and Tourist Camps 1 S S S S S S S S 701 Bed and Breakfast Facilities 42 L 22 } S S S S S S S 702 Rooming and Boarding Houses 1 S S S S S S S S S S S 703 Camps and Recreational Vehicle Parks I 5 S S S P S S S 704 Organization Hotels and Lodging Houses on Membership i I rship Basis --- - I - _� �x r��sc�r�A►.s��ulatrs��troce�). -�_�- .j S P P P S S P P P S 7211 Power Laundries,Family and Commercial 7 I -- - - 1 - j S P P �P S P P P P S 17212 Garment Pressing and Agents for h Laundries and Dry Cleaning } S i P P P S P P P P S 7213 Linen Supply - 7 S SP P P S S P P Ps 7215 Coin Operated Laundries and 39 S CP P {P �S �S -I — ---I Dry-Cleaning ' i r f P S 7216 Dry Cleaning Plants 7 -- -- S- ---- - -- --- -I �- -- - ---- --- -- - - - P P P SS+ P P P S 7217 Carpet and upholstery Cleaning 7 S P P P S S P P P S 7218 Industrial Launderers { 7 G S P P P S S P P P S 7219 Laundry and Garment Services, 7 I Not Elsewhere Classified A Photographic Studios,Portrait 14 S S P P P S P P P P S 723 Beauty Shops S S P P P S P P P P P 724 Barber shops --- - f S P P P S P P P P S 725 Shoe Repair Shops,Shoe Shine Parlors 13 and Hat Cleaning Shops -I - j - S S S f S S S P P- P S 1726 Funeral Services and Crematories - -- 25 -� - S I S P P I P �S S P PPS 729 Misc.Personal Services(except as noted) 4 14 ' 4 , P P P -Massage Parlors 13 2 P P P Adult Modeling or Photo Studio -- --. -- - - -- - -- - ---- - - --— - SEC 28.03.023 PERMITTED USE TABLE REV 5/10 ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. sic A-R R-S RM-M RM-11 NCR RCR-H NC NSC GC-MD GC-MD-2 rC-M LI Hi POD GROUP 73 �tiS1N�SS�Eft�IC�S as'notesl�-,.. _ _ y. S S S PP P S P P PPS 7311 Advertising Agencies 14 - -- -- - - -- - -- ...... - ---- - -- --- - - - - S S S S S P P PS 7312 Outdoor Advertising Services 14 S Is S I P P i P S P P P_ PS 7313 Radio Television and Publishers' -- - -.. - - } Advertising-Representatives _ J,I i S S P P P S P P P P S 7319 Advertising,Not Elsewhere Classified 14 S S S P P P S P P P PS 732 Consumer Credit Reporting Agencies, 14 Mercantile Reporting Agencies and Ad ustment and Collection Agencies S S S P P P S P - P P P S 733 Mailing,Reproduction,Commercial Ar t& 14 -- - --- - - Photography,and Stenographic Services S S S P P S S P P P S 734 Services to Dwellings and Other Buildings i 7 � I S S S P P P S 735 Miscellaneous Equipment Rental and 7 I I. 13 - Leasing(as noted) S S P P P S P P P P S 17352 Medical Equipment Rental and Leasing 7 13 S S S P P P S 7353 Heavy Const.Equipment Rental and 7 13 - 1 Leasing I 1 S S S P P P S 1t7_359 Equipment Rental and Leasing,Not 7 13 j I I --�- Elsewhere Classified - 736 Personnel Supply Services(as noted) S S S S P P S P P P P S 7361 Employment Agencies 4 14 S S P P S S_ P P P S 7363 Help Supply Services Other Computer Related Services - 14 S S S P P S P P P P 737 Computer and Data Processing Services and 4 1 �— - S -� S SP [P - S_____ S_ P PP P�S _ 36 MisceuaneousBusinessservices G 1- 3 {! i (except as noted) S S S S P t P S S P P P S 17389 Business Services,Not Elsewhere 714 - -- - -- - - - - -- Classified(of a general office character) i I i II . - --- +- - f - --- -- i, 'l'B Rt�f31q{bT'ttt�(21;F'RtR,S�Ftbt>w1:8 kt+Ip , I f'1�3KCC�tCf has n4�adj g 24 S S S P S S P P P S 752 Automobile Parkin S SS P S S P P P S 751 Automobile Rental and Leasin g 0 26 jS S S P S S P P P S 17532 Top and Interior Repair Shops 19 9 r is S S P P P S 17532 Paint and Body Repair Shops 19 9 S P P S P PPS 17533 Automotive Exhaust System Repair Shops 1 9 9 S S S P P P S 17534 Tire Retreading Shops j 19 SEC 28.03.023 PERMITTED USE TABLE REV 8/-10 ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. - — - - - - - SIC A-R R-S RM-.M RM RCR RCR-H N( NSC IG( D1D GC-MD-2 CBD C-M LI HI PUD GROUP --- - -- - - I - S _ S 75 P P S S P PPS 7534 Tire Repair Shops 19 _ S P P S S P P P S 7536 Automotive Glass Replacement Shops 19 1 9 S P P S P P P S 7537 Automotive Transmission Repair Shops ! 19 it 9 S S P P S S P P P S 7538 General Automotive Repair Shops 19 9 S S P P S S P PPS 7539 Automotive Repair Shop,Not I II Elsewhere Classified �S S P P S S P P P S 754 Automotive Services,Except Repair 9 15 ---------- S P P P S P P P P S 762 Electrical Repair Shops S S P P P S P P PIP S 763 Watch Clock,and Jewelry Repair 13 S S S P P S S P P P S 1764 Reupholstery and Furniture Repair i 14 i S S S PP P S 17692 Welding Repair 7 I. S S S P P P S 117694 Armature Rewinding Shop 7 S P P S S P P PS 7 17699 Repair Shops and Related Services Not Elsewhere Classified I t -i-- --- - - __ - -- - -- 2 Xm M(YF'K7t•1 P1GT#�Ft>rl;(��nOt�d) � S S P P S P j781 P FPS 781 Motion Picture Prod.and Allied Services ' - -- - - -_ -- --- -- -- — -- - -- S S P P S P P PPS 782 Motion Picture Dist and Allied Services 7 � S S P P S S P PP S t7832 otion Picture Theaters,(exc.Drive-In) 25 P P P dult Motion Picture Theater's 25 2 P S S P P P S rive-in Motion Picture Theater's 6 - -- I S �P P P S P P P P S_1 7841 video Tape Rental 14 —_- 2 � I- 79�trtAltS +f[ttfi RHp R � .S$R�ACy 2 IS S S P P S P P PP S 791 Dance Studios Schools and Halls 14 S S P P S P P P P S 792 Theatrical Producers,Bands,Orchestras 14 — - - --- -- --- - —- - ---- ------ - -- - - --- - _. --- -- and Entertainers 32 S f S P P S P P PPS 1793 Bowling Centers I { IS S P P P P S 1794 Commercial Sports 25 S P P I P S P P P P S 7991 Ph ysical Fitness Facilities 14 i P P P P P P_ P_ P P _ S P P P P 7992 Public Golf Courses 33 S S P P S P P PPS 7993.Coin Operated Amusement Devices 12 �_ SEC 28.03.023 PERMITTED USE TABLE REV 8/10 ZONING DISTRICT Parking Spccial T PERMITTED PRIMARY USES Group Conti. sic -- -- - --- A-R R-S RM-M RM H I2CR RCR-H NC NSC GC-NID GC-MD-2 CBD C-M LI HI PLID GROUP 1 IS P P S S P P P S 7996 Amusement Parks 41 S S S s 's P P P - S P -P P P P 7997 Membership sports and Rec.Clubs I 13 I- S S S S S S P P S S P PPP 7999 Amusement and Recreation Services, - Not Elsewhere Classified I I ' I -- -- &D liEA1.TFI SRB( s nc3ted)_ _. S S S P P P IS P P P PS 801 Offices and Clinics of Drs.of Medicine 14 j S s S P P P s P P P PS 802 Offices and Clinics of Dentists 114 I ' t S S S P P P s P P P P S 803 Offices and Clinics of Drs.of Osteopathy, 14 S Is s P P P s P P P PS 804 Offices and Clinics of Other Health 14 -_ II i Practitioners Inc Massage Therapist 4 S S P P P s P P P P S 805 Nursing and Personal Care Facilities 1 28 Is S'P P S P P P P S 806 Hospitals 28 S S { I P P P �s P P P P S 807 Medical and Dental Laboratories 7 1 P P i s P P P P S '808 Home Health Care Facilities 14 I S S S S S s P P P S P P P P S 809 Miscellaneous Health and Allied Services 18 S S - -� - -a- - _ , - k - - - -- -- --- --- - f----- ---- ----_ - _-- - -- - - --- , i Not Elsewhere Classified S is fl S P P P S P P P P S 14 i 82 1=RW�ATIOWtk:��RVIC�S ras bated), S S S S S S S S S S P I S S S S 1821 Elementary Schools 30 — - s s . - - i f - --1- -- _ -, _. I - - 30/31 S �S S �S is I S !s S S S P I S I S s l s 821 Secondary Schools { is P �P S P P P P_ S 1822 Colleges,Universities, Professional 30/31 Schools and Junior Colleges f i P S S P P P P P P S P P P P P 823 Libraries - 8 - - S P P P S P P P P P 824 Vocational Schools 1 30/31 S PIP P S P P P P S '829 Schools and Educational Services j - f - - t- 1 Not Elsewhere Classified i I j S �S S P P P S S P P P S sa Sf7CtA� 5Ef2V[CeS(e�rcept3snotedl 41 i SS s S S f S P P P iS S -P P P S ss c+ad aayca s�RVtces i 41 f — - - - I- P P S f S is i S 8361 Residential Care(except as noted) 41 19 i } c S ES _ - -I- and Offenders 9 - 41 1 9 I I 1 Cj f Halfwa Homes for Delin uents 1 SEC 28.03.023 PERMITTED- TABLE REV S/IO 3333- _ __ 333 3-3333--TABLE----- 3333--3333-- — -- - --- - - - -- ZONING DISTRICT Parking Special -- - - - PERMITTED PRIMARY US11's Crou P Cons. -- -- - - - - sic ! i A-R R-S RM-M RM-H IC 11 RCR-H NC NSC GGa7U G(-MU-2 CBD GM LI HI PUU GROUP 1- — 7--- - ,- - S S 1 S P P P S P P----P--p S 18 t UiI►+HCCAi zoo,, �iCAi E�{tRpi~NS _.- �61�3>rN[8.R5#I+P S S S P �P �S P P P P S 861 Business Association 14 S S S P P S P P P P S 862 Professional Membership Organizations- 14 -- --- -- 3333 - --- 3333 -- - ---- 3333 -- --_ S S P P S P P P P S 863 Labor Unions and Similar Labor Organ 14 7777 -_ -_ - � - - - S S P P S P P PIP S 864 Civic,Social and Fraternal Associations 14 S S S l P P S P P P P I S 865 Political Organizations 14 - __ - S S 'S S S S S P P S P P �S S S 866 Religious Organizations 18 P _ _O c S S P r P P SS S 1869 Membership Organizations,Not 14 -- - -3333 - - - -- _ ----- ---- Elsewhere Classified -- - -- - -- - - t - - - - - S- S- S P P P S P P P P S sxuc € Ix ,ac��u�ttlx� 14 - --- � Ft1;$ 1R��#xCt3N[N(�f#CIAI:ANp Dtor+ ,,f I � ;~7AAMR►3t,"IAir} K�i0.t�lA��iN�Af�`Aht1? , 1 S S S is P S P P P P S Is73 Research,Development and Testing 7 Services (except as noted) cc I s S P �P P P S I8734 Testing Laboratories _ 87 3 4-- - ra - - _ -14 - - - � - - - - S }S 4 S }P P P S S P PPS ss stv� sfa,3rtslc�, ssr�rn.: 14 I I I 31 57 G:4Vr;RN . NT USES fPwl3i►t Adr 'I P P P P P P P P P P P P P P Federal,State and Local Government 14 _ -- -_ -- Excluding Districts and Authorities II -- - _ - 1 P P S P P P P S Dist and Authorities 14 S_ S S_ S S � S S Districts horitie _ _- _ --- -- -- -- 3333 - 7333- - 3377 S S S 1 S S S S S S S S S S 41 � S S ss N�i+iCt,A3�]FI��[.��sra��.rsta�n�N'�s - II S-- ---- -- - !-- -�- - ---- ---- -- S S 19991--Jails, _ - 41 II S S S S �7 �7 S Jails Facilities,Detention1 'I Privately Camps, ely Owned and Operated --- - - - f { L ' SEC 28.03.023 PERMITTED USE TABLE REV snn ZONING Parking t Special 1 _ _ — — — PERMITTED_PRIMARI [ISE•:S Group I Cond. � sic A-R R-S II RD4 H RCR i RCR-H NC�NSC GC-NID}fjGC MD-2 CBD C-M U HI PUD GROUP i P P P P P P S : P single-Family Dwellings 3 27 I I S S P 3 27 P P S S _ S Two-Family Dwellings z P P S S P S S - S- Multi-Family Dwellings P P P P P S S P Cluster Housing 3 1 S S S S S Mobile Home Park 4 4 S S S S S Mobile Home Subdivision 4 4 P �P P P i P { p } 1 f_ S 1 Model Dwelling Unit _ 3 i T- , P P P P P P I i S I f t P i Family Home(see definition) 41 } i I i I i I - - i P P P P P P P P P P Accessory Building,Structure or Use - 114 i S P P P S S Garage Apartment 1 l 5 P P P P P P P Home Occupation 14 6 -- - - _ i -_ _ . -- IIiI- - - - -'Servants --- _e ---- _ S S S S S S }P S S } P Private e ts Recreational Quarters P P P P �P P P- - P _. S. - - �P _-R e--° -Facility - _ -- - -- r ± - -- — -- - - - _ - --- --- - _ P P P P P P P P P P swimming Pool 3 P P P P P P P P S P solar Collectors __. Solar Coll- __-._.. P P P P P P P P S t P Temporary Portable storage Containers I 25 - _ { - _ t --- -- - - I I P1JBl tG iCit[1T:t P �P P S P PPP Cable Television - - Transmission L P P P P P P P P jP P S P P P P Electrical Transmission Line I P P P P P P P P P P I S P PPP Fiber Optic Cable Communications Line -- - - - _ 1 -- e _ {S S S IS P P P S Electrical Generating Plant f 41 S S S S I S S S S is S S P P P S Electrical Substation I 41 --- -- -_ _ P P P P P P P P P P S P P PP Local Utility Service Line 41 S S S SS Radio,Television,Microwave and Cellular 41 24 I- Telephone Transmission Towers S c S S S S S S S S S S !P P S 'Railroad Tracks and Switching Yards P P_ P P P P {PIP P P S f P PPP I Sewage Pumping Stat on 41 P P P P P P P P P P S P PPP sewage Treatment Facilities -t .---fi -41 P �P P P P P P P [S' P P P P Telephone Exchange Switching Relay or 41 SEC 28.03.023 PERMITTED USE TABLE RF;V 8/10 ZONING DISTRICT — _— Parking Special PERMITTED PRIMARY USES Group Cond. sic A-R R-S RM-M RM-H RCR RCR-H NC NSC CC MD GC-MD-2 CBD C-M LI HI KID GROUP Transmitting Station S S S P P P S Utility Service or Storage Yard or Buildings 41 I P P P P P P P P P P S P P P P Water Standpipe or Elevated Supply,Water 41 Reservoir Well or Pumping Station � i I _ P P P P P P PP P P S P PPS Water Treatment Plant 41 I S P P P P S S P PPS Utility Business Office - - - ,- . l - - --- --- --- -- - -- --- - - 1-14- 5 March 8,2011 Consider the abandonment of a drainage easement at 4975 Sassafras Lane RICH WITH OPPORTUNITY IIEAUMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider the abandonment of a drainage easement at 4975 Sassafras Lane. RECOMMENDATION The Administration recommends approval subject to the following conditions: • A new storm sewer pipe will be installed from the existing curb inlet on Sassafras Lane as per the Public Works Department's letter to Mr. Dennings dated February 10, 2011. • A new 15' storm sewer easement shall be dedicated to the City and approved by City Council prior to the abandonment of the existing 15' easement. • The City of Beaumont shall be released from any liability that may arise from the existing pipe located under your newly constructed structure. BACKGROUND Charles Dennings has applied for the abandonment of a drainage easement. The subject abandonment is for a 10' wide drainage easement that sits underneath a newly constructed house at 4975 Sassafras Lane. Mr. Dennings owns Lots 17 and 18, Block 4,The Woodlands Addition, Unit IV. The drainage easement runs along the property line separating Lots 17 and 18. The house was built over the easement and an 18" storm sewer line. The Public Works Department, has approved two alternatives for the rerouting of the drainage facilities. Fittz and Shipman, Inc. has submitted a plan whereby a 15' wide drainage easement along the west property line of Lot 18 will be dedicated to the City. The Public Works Department also recommends that the existing storm sewer be filled with a flowable grout once capped. At a Regular Meeting held February 21, 2011,the Planning Commission recommended approval 6:0 of the abandonment subject to the following conditions: • A new storm sewer pipe will be installed from the existing curb inlet on Sassafras Lane as per the Public Works Department's letter to Mr. Dennings dated February 10, 2011. • A new 15' storm sewer easement shall be dedicated to the City and approved by City Council prior to the abandonment of the existing 15' easement. • The City of Beaumont shall be released from any liability that may arise from the existing pipe located under your newly constructed structure. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLEDAN ORDINANCE VACATING AND ABANDONING A 10' WIDE DRAINAGE EASEMENT OUT OF LOTS 17 AND 18, BLOCK 4 OF WOODLANDS ADDITION, UNIT IV, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT a 10'wide drainage easement out of Lot 17 and 18, Block 4 of Woodlands Addition, Unit IV, City of Beaumont, Jefferson County,Texas, as described in Exhibit"A"and shown on Exhibit"B," attached hereto, be and the same are hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law, subject to the following conditions: • A new storm sewer pipe will be installed from the existing curb inlet on Sassafras Lane as per the Public Works Department's letterto Mr. Dennings dated February 10, 2011. • A new 15' storm sewer easement shall be dedicated to the City and approved by City Council prior to the abandonment of the existing 15' easement. • The City of Beaumont shall be released from any liability that may arise from the existing pipe located under your newly constructed structure. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES That certain 0.0268 acre tract for the abandonment of a portion of a 10' wide drainage easement out of Lot 17 and 18,Block 4 of Woodlands Addition,Unit IV, a plat recorded in Volume 13,Page 8 of the Map Records of Jefferson County, Texas, said Lot 17 being conveyed to Charles E. Dennings as recorded in Clerk's File No. 2003021021 of the Official Public Records of Jefferson County,Texas and said Lot 18 being conveyed to Charles E. Dennings as recorded in Clerks File No. 2003004305 of the Official Public Records of Jefferson County, Texas, said 0.0268 acres being more particularly described by metes and bounds as follows: NOTE: Basis of Bearings is the east line of Lot 17,Block 4 of said Woodlands Addition, Unit IV having been called South 00°28'24" East 130.66 feet. COMMENCING at a capped iron rod found in the south right-of-way line of Sassafras Street for the northeast line of Lot 19 of said Woodlands Addition,Unit IV and the northwest corner of said Lot 18 from which a %" iron rod found in the said south right-of- way line of Sassafras Street bears South 85°42'46" West 77.16 feet; THENCE North 83°16'48" East along the said south right-of-way line of Sassafras Street and the north line of said Lot 18 a distance of 70.46 feet(called North 83°38'17" East)to a point for the northwest corner of the said 0.0268 acre tract and the POINT OF BEGINNING; THENCE North 83°16'48" East continuing along the said south right-of-way line of Sassafras Street and the said north line of Lot 18 and 17 a distance of 10.06 feet(called North 83°38'17" East)to a point for the northeast corner of the said 0.0268 acre tract from which a 3/4" iron rod found for the northeast corner of said Lot 17 bears North 83°16'48" East 80.41 feet(called North 83°38'17" East; THENCE South 00'28'14" East along the east line of the said 0.0268 acre tract a distance of 117.09 feet to a point for the southeast corner of the said 0.0268 acre tract; THENCE South 89'33'17" West along the south line of the said 0.0268 acre tract a distance of 10.00 feet to a point for the southwest corner of the said 0.0268 acre tract; THENCE North 00028'14" West along the west line of the said 0.0268 acre tract a distance of 115.99 feet to the POINT OF BEGINNING and containing 0.0268 acres of land,more or less. EXHIBIT "A" 'L EXHIBIT "A", PAGE 5 OF 5 NUMBER DIRECTION DISTANCE L7 S 00'31'37" E 109.94 L2 N 89'33'17° E 54.93 L3 S 00'28'14" E 15.00 L4 S 89'33'17" W 69.92 L5 S 00'28'14" E 117.09 L6 S 8933'17" W 10.00 L7 N 00'28'14" W 115.99 WOODLANDS UNIT III VOL 13, PG. 7, M.R.J.C. FENCE iF B L 0 C K 4 LOT 7 FORnCORNER 10 FOUND ', 76.25) s oLOT 8 IRON ROD r 5 79,31 46' 09 • • . w (CAUE9,Zq'02 W 76• — M FOUND IRON 1ROD �Y1 86.13) W a. _rED 5 931 4W 86.34 .-+ �. (CALL7g'11'1'L EASEMENT _ �/ L4/ av� �• O• e� S t6 U8 EA H S w CD CD r•t CD CD O ` -� /L2 min _� -- L\ I"N LOT 19 r+ O Ln o � tz O' � O Nn LOT 16 B L 0 I K 4 o LOT 17 I I LOT 18 3 N O : CD 1 o � I: N clfl �* ° 'q to. TRACT 1 M o N Z M g o t2 y CD CCDD Z w M 15' WIDE DRAINAGE j^ I oo J a a w TRACT 2 EASEMENT CD CD <n CD N m m■ ABANDONMENT 0.0617 ACRES z v O N Nom' CD o o of OF A PORTION J co ?� . w L °N OF A 10' DRAINAGE pr p� a o o EASEMENT 0.0268 ACRE CD CD O Q. CD 0 \ _ I FOUND 1 IRON ROD cD _ POINT OF n r-.. p CD '�,,, CD _�_- 25 BUILDING UNE BEGINNING Cp CD Cl- �' CD I\ I TRACT 2 S 85'77.166" W cy- O On 15.09 CL 0.06 55'37 POINT OF CD BEGINNING n CD 80.41 N 83'1648" E 160.93 �. S✓ CALLEO N 83'3817' E 160.93) TRACT 1 COMMENCING a c 4975 SASSRAS STREET TRACT 2 FOUND FOUND 3/4- �y _!fit '�'' IRON ROD IRON PRD C O O O � w C tZ CD cn c" — w �-' SURVEYOR'S CERTIFICATION: N twn I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE ,ttx • r ON THE GROUND UNDER MY SUPERVISION DURING JANUARY 2011. : TC,IL• 419 f�. y"f ° CD N WALTER J. KSIAZFV, CAD WALTER J. KSIAZEK REGISTERED PROFESSIONAL LA SURVEYOR 5.121 •eL...S9t1C•�� 0 15 30 S C A L E 0:\PROJECTS\11013 4975 SASSAFRAS\CiMT\11013E=ts.dwg Feb 14. 2011 01:36pm 15' WIDE DRAINAGE EASEMENT AND THE ABANDONMENT OF A PORTION OF A 10' WIDE SHEET NO. Fittz&Shipman DRAINAGE EASEMENT couvuingEngueeosandzbxdsurveyors INc. PROJECT NAME: CHARLES E. DENNINGS, SR. 5 EXHIBIT "B" 4975 SASSAFRAS STREET 1405 CORNERSTONE COURT,BEAUMONT. TEXAS BEAUMONT, TEXAS PROJECT NO. (409)832-7238 FAX(409)832-7303 DATE.2_8_11 11013 6 March 8,2011 Consider the abandonment of a utility easement between Avenue E and Avenue F RICH WITH OPPORTUNITY 1 T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 6313 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider the abandonment of a utility easement between Avenue E and Avenue F. RECOMMENDATION The Administration recommends approval of the abandonment subject to the following condition: • Any utilities within the proposed abandonment will have to be moved at BISD's expense. BACKGROUND Robert Zingelmann, Director of Business and Finance for BISD, has applied for the abandonment of a utility easement between Avenue E and Avenue F. In April, 1997, City Council approved the abandonment of Milam Street, between Avenues E and F subject to the retention of a 60'x 300' general utility and drainage easement. The current abandonment request is being made to allow for the construction of expanded cafeteria facilities on the site to accommodate the growing needs of Fletcher Elementary School. The school, originally built for approximately 300 students, currently accommodates over 750 children. The existing cafeteria is grossly undersized causing hardships for both staff and students. At this time, lunch begins at 11:00 a.m. and stretches to 1:30 p.m. with a short period of time for each student to eat. The plan is to add additional kitchen capacity and dining area so that the children can be fed in a prompt and orderly manner. The easement runs directly through the school campus and is roughly adjacent to the existing cafeteria building. The only option available to BISD is to add a 54' extension to the existing building. The utility and drainage facilities that required the need for the utility and drainage easement have either been abandoned or will be moved. This item was sent to all interested parties. Entergy has an existing electrical pole line within the easement. Entergy will not object to the abandonment as long as the line is moved at BISD's expense. At a Regular Meeting held February 21, 2011,the Planning Commission recommended approval 6:0 of the abandonment subject to the following condition: • Any utilities within the proposed abandonment will have to be moved at BISD's expense. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A UTILITY EASEMENT BETWEEN AVENUE EANDAVENUE F, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT a utility easement between Avenue E and Avenue F, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit"B," attached hereto, be and the same are hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law, subject to the following condition: • Any utilities within the proposed abandonment will have to be moved at the expense of The Beaumont Independent School District. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES That certain 0.4135 acre tract for the abandonment of a 60'wide general utility and drainage easement described in Ordinance No. 97-20 as recorded in Clerk's File No. 9711305 of the Official Public Records of Jefferson County, Texas, and being between Block 20 and 21 of Blanchette Addition, a plat recorded in Volume 1,Page 25 of the Map Records of Jefferson County, Texas, said 0.4135 acres being more particularly described by metes and bounds as follows: NOTE: The Basis of Bearings is the southeasterly line of Block 20 and the northwesterly line of the said 60' wide easement being assumed North 419 Y00"East. COMMENCING at a %2" iron rod found at the intersection of the northwesterly right-of- way line of Milam Street and the southwesterly right-of-way line of Avenue F for the east corner of Block 25 of said Blanchette Addition; THENCE North 41'13'00" East a distance of 60.00 feet to a point at the intersection of the said northwesterly right-of-way line of Milam Street and the northeasterly right-of-way line of Avenue F for the south corner of said Block 20,the west corner of the said 60'wide easement and the said 0.4312 acre tract, and being the POINT OF BEGINNING; THENCE North 41'13'00" East along the southeasterly line of said Block 20 and the northwesterly line of the said 60'wide easement and the said 0.4132 acre tract a distance of 300.00 feet(called 300.00 feet)to a point at the intersection of the said northwesterly right- of-way line of Milam Street and the southwesterly right-of-way of Avenue E for the east corner of said Block 20 and the north corner of the said 60'wide easement and the said 0.4312 acre tract from which a '/Z" iron rod found at the intersection of the said northwesterly right-of-way line of Milam Street and the northeasterly right-of-way line of Avenue E for the south corner of Block 5 of said Blanchette Addition bears North 41'13'00" East 60.86 feet. THENCE South 48°47'00" East along the northeast line of the said 60'wide easement and the said 0.4132 acre tract a distance of 60.00 feet(called 60.00 feet)to a point at the intersection of the southeasterly right-of-way line of Milam Street and the said southwesterly right-of-way line of Avenue E for the north corner of said Block 21 and the east corner of the said 60' wide easement of the said 0.4132 acre tract; THENCE South 41°13'00" West along the northwesterly line of said Block 21 and the southeasterly line of the said 60'wide easement and the said 0.4132 acre tract a distance of 300.00 feet(called 300.00 feet)to a point at the intersection of the southeasterly right-of- way line of Milam Street and the said northeasterly right-of-way line of Avenue F for the west corner of said Block 21 and the south corner of the said 60'wide easement and the said 0.4132 acre tract from which a 3/4" iron pipe found at the intersection of the said southeasterly right-of-way line of Milam Street and the said southwesterly right-of-way line EXHIBIT "A" LEGAL DESCRIPTION continued of Avenue F for the north corner of Block 24 of said Blanchette Addition bears South 41'10'46" West 60.18 feet; THENCE North 48°47'00" West along the southwesterly line of the said 60' wide easement and the said 0.4132 acre tract a distance of 60.00 feet(called 60.00 feet)to the POINT OF BEGINNING and containing 0.4135 acres of land, more or less. * Approval subject to the following condition: EXHIBIT "A", PAGE 3 OF 3 -Any utilities within the proposed abandonment will have to be moved at BISD's expense. B L A N C H E T T E A D D I T 1 0 N VOL. 1, PG. 25, M.R.J.C. YJ W BLOCK 20 � � v v z o o FLETCHER ELEMENTARY SCHOOL 12) COMMENCING POINT POINT OF FOUND Y2" FOUND X" BEGINNING (ASSUMED BASIS OF BEARINGS) IRON ROD IRON ROD (CALLED 420.00) N 41'13'00" E 420.86 —. 300.00 w 60.86 60'00 (CALLED 300.00) 0 O0 o ORDINANCE NO. 97-20 °� m CLERKS FILE NO. 9711305, O.P.R.J.C. 0.4132 ACRE °O MILAM STREET m MILAM STREET � O o 60' X 300' GENERAL UTILITY AND �cD 00 0 � DRAINAGE EASEMENT ¢ `d' U v U) m Z v _ 60.18 S 41'13'00" W 300.00 X S 41'10'46" W (CALLED 300.00) � W FOUND -'1° IRON PIPE B L 0 C K 2 1 B.I.S.D. ��; SURVEYOR'S CERTIFICATION: 0 GQ>�`r> �Ogs• I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, • THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE k • ... v ON THE GROUND UNDER MY SUPERVISION DURING OCTOBER 2010. yyALT @R J. KBSIAZF, �y o • 611 ry, `V �a•`�S�att'.04 WALTER J. KSIAZEK REGISTERED PROFESSIONAL SURVEYOR 5321 N L Q:\PROJECTS\10064 — Fletcher Cafet\SURVEY\10064Milam.dwg Jan 27, 2011 02:49pm X11 man ABANDONMENT OF A 60' WIDE EASEMENT SHEET NO. QO Flttz�S INC. PROJECT NAME: CITY OF BEAUMONT 3 0 30 60 Conn tingEngineers and Land Surveyors A PORTION OF MILAM STREET BEAUMONT, TEXAS PROJECT NO. rat—t 1405 CORNERSTONE COURT, BEAUMONT, TEXAS 10064.0000 S C A L E (409) 832-7238 FAX (409) 832-7303 DATE:1-27-11 7 March 8,2011 Consider authorizing the City Manager to execute a joint election agreement for a general election for the City of Beaumont, Beaumont Independent School District, and the Port of Beaumont, for the conducting of a General Election on Saturday, May 14, 2011, with a runoff election to be held in June, 2011, if necessary RICH WITH OPPORTUNITY 11EA,[1M011T T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, City Clerk, TRMC MEETING DATE: March 8, 2011 REQUESTED ACTION: A resolution authorizing the City Manager to execute a joint election agreement for a general election for the City of Beaumont, Beaumont Independent School District, and the Port of Beaumont, for the conducting of a General Election on Saturday, May 14, 2011, with a runoff election to be held in June, 2011, if necessary. RECOMMENDATION The Administration recommends authorizing the execution of a joint election agreement for a general election for the City of Beaumont, Beaumont Independent School District, and the Port of Beaumont, for the conducting of a general election on Saturday, May 14, 2011, with a runoff election to be held in June, if necessary. BACKGROUND Chapter 271 of the Texas Election Code provides, if the elections ordered by the authorities of two or more political subdivisions are to be held on the same day in all or part of the same territory, the governing bodies of the political subdivision may enter into an agreement to hold the elections jointly in the election precincts that can be served by common polling places. The City of Beaumont, Beaumont Independent School District, and the Port of Beaumont will conduct elections on Saturday, May 14, 2011. This action would authorize the City to hold the May 14th election jointly with the other entities and conduct a runoff if necessary in June, 2011. BUDGETARY IMPACT Expenses of the joint election would be divided equally among the entities having the common election. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manger is hereby authorized to execute a Joint Election Agreement with the City of Beaumont, Beaumont Independent School District and the Port of Beaumont for the General Election to be held on May 14, 2011, with a runoff election to be held in June, 2011, if necessary. The agreement is substantially in the form attached hereto as Exhibit "A" and made part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - JOINT ELECTION AGREEMENT AND ELECTION SERVICES CONTRACT BETWEEN THE CITY OF BEAUMONT AND BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE PORT OF BEAUMONT FOR THE CONDUCT OF A JOINT ELECTION TO BE HELD SATURDAY MAY 14, 2011 TO BE ADMINISTERED BY THE CITY CLERK 1. JURISDICTION 1.1 The General Election for the City of Beaumont to held on May 14, 2011. 1.2 The City of Beaumont,the Beaumont Independent School District and the Port of Beaumont either have or may order an election to be held on the 14"day of May,2011,relating to the affairs of each entity. 1.3 A list of each precinct and election day polling locations involved in the j oint election,is shown in Attachment"A". 2. ADMINISTRATION The City Clerk of the City of Beaumont agrees to coordinate,supervise and handle all aspects of administering the Joint Election in accordance with the provisions of the Texas Election Code as outlined in this agreement. Each participating authority agrees to pay the City of Beaumont for equipment,supplies,services and administrative costs as outlined in this agreement. The City Clerk will serve as administrator for the election; however, each participating authority remains responsible for the lawful conduct of their respective election. 3. LEGAL DOCUMENTS Page 1 EXHIBIT "A" 3.1 Each participating authority will be responsible for preparation,adoption and publication of all required election orders,resolutions,notices and any other pertinent documents required by their respective governing bodies. 3.2 Any submission of pre-clearance to the Department of Justice,will be the responsibility of each participating authority. Preparation of necessary bilingual materials for notices and preparation of the text for the official ballot will also be the responsibility of each participating authority. Each participating authority will provide a copy oftheir respective election notices and justice submission to the City Clerk. 4. DIRECT RECORD VOTING SYSTEM/OPTICAL SCAN 4.1 Each participating authority agrees that voting at the joint election will be by use of a direct record and optical scan voting system approved by the Secretary of State in accordance with the Texas Election Code. The City Clerk's Office will be responsible for the preparation of programs and the testing of the direct record system and optical scan system used for tabulating the ballots. 4.2 The City of Beaumont agrees to provide direct recording electronic devices(DRE),and voting booths for the joint election. 5. VOTING LOCATIONS 5.1 Voting locations will be the voting locations for the City precincts as approved by the City Council ofthe City of Beaumont on January 25,2011. The voting locations are listed in Attachment"A" of this agreement. In the event a voting location is not available,the City Clerk will arrange for use of an alternate location with the approval of each participating authority affected by the change. The City will be responsible for submitting any polling location changes to the Department of Justice for pre-clearance that changes from the list approved on January 25,2011. The City will notify each participating authority of any changes from the locations listed in (Attachment "A"). 6. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL 6.1 The City Council ofthe City of Beaumont approved the appointments ofthe presiding judge and alternate for each polling location on January 25,2011. The City Clerk shall arrange for the training and compensation of all presiding judges and clerks. The election judges are listed in Attachment"A"of this agreement. If a person is unable or unwilling to serve,the City Clerk will appoint someone on an emergency basis and notify each entity. Page 2 6.2 In compliance with the Federal Voting Rights Act of 1965,as amended,precincts containing more than 5% Hispanic population, according to the 2000 census statistics are required to have interpreter assistance. If the presiding judge is not bilingual and is unable to hire a bilingual clerk, the City Clerk may make a recommendation. The City Clerk has available one staffmember who may assist at polling locations if necessary. 6.3 The City Clerk will hold schools of instruction on the use of electronic and optical scan voting equipment and on election laws. All election judges and alternates must attend an election judge training session taught by the City Clerk. 6.4 The election judges are responsible for picking up election supplies at the time and place determined by the City Clerk. Each election judge,alternate and clerk will receive$8.00 per hour (for a maximum of 14 hours)on Election Day. The election judge will receive an additional$25.00 for delivering election returns and supplies to the Central Counting Station(Beaumont Civic Center). All poll workers for the Early Voting period under the supervision of the Early Voting Clerk, (City Clerk) will be compensated at a rate of$8.00 per hour. 6.5 The City Clerk will employ other personnel necessary for the proper administration of the election, including such part-time help as necessary to prepare for efficient tabulation of ballots at the central counting station(Beaumont Civic Center).Personnel working in support ofthe central counting station on election night will receive pay for at least two hours,minimum call for service,regardless of the actual hours worked. 7. SUPPLIES AND PRINTING 7.1 The City Clerk will arrange for all election supplies and election printing,including,but not limited to, all forms, signs and other materials used by the election judges at the voting locations. 7.2 The City Clerk will provide instructions and other information needed to enable the election judges to conduct a proper election. 7.3 Each participating authority shall furnish the City Clerk a list of candidates and/or propositions showing the order and the exact manner in which their candidate names and/or propositions are to appear on the official ballot. The list will be delivered to the City Clerk no later than 12:00 noon on March 18, 2011. Each participating authority will be responsible for proofreading and approving the ballot in so far as it pertains to that authority's candidates and/or propositions. 8. OPTICAL SCAN BALLOTS Page 3 8.1 The ballot allocation for Election Day is based on providing enough ballots in every reporting precinct to handle the same turnout as in comparable elections that utilized the optical scan ballot plus an additional twenty-five percent(25%) of that number. 8.2 E S&S Election will print the ballots for Early Voting by mail as well as the provisional ballots for the Early Voting period and a minimum of twelve(12)ballots per ballot style will be available at the Early Voting locations. 9. RETURNS OF ELECTION 9.1 The City Clerk will be responsible for establishing and operating the central counting station (Beaumont Civic Center) to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. 9.2 The participating authorities hereby,in accordance with Section 127.002, 127.003 and 127.005 of the Texas Election Code, appoint the following central counting station officials: Manager: Sheri Menges and Staff of Election Systems and Software 9.3 The manager or their representative will deliver timely cumulative reports of the election results as precincts are tabulated. The manager will be responsible for releasing cumulative totals and precinct returns from the election to the j oint participants,candidates,press,and general public by distribution of hard copies. 9.4 The City Clerk will prepare the unofficial canvass report after all precincts have been counted,and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns and provisional ballots have been tabulated. All participating authorities will be responsible for the official canvass of their respective elections. 9.5 The City Clerk will be responsible for conducting the post election manual recount,unless a waiver is given from the Secretary of State in accordance with Section 127.201 ofthe Texas Election Code. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State's Office. 10. ELECTION EXPENSES Page 4 10.1 The participating authorities agree to share the costs of administering the May 14,2011 Joint Election. An administration fee not to exceed 10%ofthe total value ofthe contracted services per entity shall be assessed as authorized by the Texas Election Code,Sec.31.100. Allocation of equipment and miscellaneous cost will be proportionate to the number of shared polling locations and programming cost will be assessed per entity based on the actual hours spent coding and changing date for the entity. 10.2 Each participating authority,will pay proportionately the expenses for early voting by mail and personal appearance based on actual cost for labor,postage and supplies. 10.3 Final election expenses will be determined within 30-45 days after the election. The City Clerk will provide each participating authority with a detailed billing statement. Any disputed amount should be reported within ten(10)days of receipt ofthe statement. Payment is due upon receipt of the bill if there are no discrepancies. 11. RECORDS OF THE ELECTION 11.1 Tina Broussard,City Clerk is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. 11.2 Access to the election records will be available to each participating authority as well as to the public in accordance with the Texas Public Information Act,Chapter 552,Government Code,at the office of the City Clerk,801 Main St.#125,Beaumont,Texas,at any time during normal business hours. 11.3 Records ofthe election will be retained and disposed of in accordance with the records retention schedules and in accordance with the provisions of Title 6,Subtitle C,Chapter 201 through 205, Texas Local Government Code,including the minimum retention requirements established by the Texas State Library and Archives Commission. If records of the election are involved in any pending election contest,investigation,litigation,or Texas Public Information Act,the City Clerk shall maintain the records until final resolution or until final judgement,whichever is applicable. It is the responsibility ofany participating authority to bring to the attention ofthe City Clerk any notice of any pending election contest,investigation,litigation,or Texas Public Information Act request, which may be filed with a participating authority. 12. EARLY VOTING 12.1 Tina Broussard,City Clerk,will be appointed as early voting clerk in compliance with sections 271.006 ofthe Texas Election Code. Other deputy early voting judges/clerks will be appointed by the early voting clerk as needed to process early voting mail and to conduct early voting at the main location. Page 5 12.2 Early voting by personal appearance will be conducted at the locations and times described in (Attachment `B"). Any qualified voter for the Joint Election may vote early by personal appearance at the main early voting location as well as the four branch early voting locations. 12.3 All request for early voting by mail will send their applications and voted ballots to the City Clerk, 801 Main St. #125, Beaumont, Texas 77701 for processing. 12.4 All early voting ballots will be prepared for counting by an Early Voting Ballot Board appointed in accordance with Section 87.001 of the Texas Election code. (Attachment C) 13. ELECTION REPORTS The Early Voting Clerk will be responsible for ensuring the delivery of the reports titled Early Voting Daily Vote Totals to each participating authority each day of Early Voting for the previous day's voting activity.The Early Voters'report will be delivered by electronic means via e-mail, facsimile, or website. 14. RUNOFF ELECTION In the event a runoffis necessary,the agreement will automatically be extended to cover the runoff, unless a participating authority states in writing before April 30,2011,that it does not wish to participate in a joint runoff. 15. RECOUNT A recount cost would be billed at the applicable rate to the authority responsible for the canvassing ofthat election. The guidelines for a recount can be found in the Texas Election Code,Title 13, Chapters 211 through 216. 16. CONTRACT WITHDRAWAL Any participating authority that certifies their election in accordance with Section 2.051,2.052 and 2.053 ofthe Texas Election Code,may withdraw from the joint election contract. Any expenditure incurred prior to withdrawal shall be billed separately and that contracting authority shall be billed separately and that contracting authority shall be removed from the contract. An addendum page(s)to the contract shall be provided to the remaining participants no later than five(5)days after notification of all intents to withdraw have been received by the City Clerk. Page 6 17. NOTICE Whenever this agreement requires any consent,approval notice,request or demand,it must be in writing to be effective and shall be delivered to the City Clerk: Tina G. Broussard, City Clerk P.O. Box 3827 Beaumont, TX 77704-3827 City of Beaumont: APPROVED AND EXECUTED ON 92011. Kyle Hayes, City Manager ATTEST Tina G. Broussard, City Clerk APPROVED AS TO FORM: Tyrone E. Cooper, City Attorney Entity: Beaumont Independent School District APPROVED AND EXECUTED ON , 2011 Philip Brooks, Assistant Superintendent for Administration/Operations Page 7 ti EXHIBIT "A", PAGE 2 OF 5 THENCE North 00 031'37"West along the said east line of Lot 19 and the west line of Lot 18 and the said 0.0617 acre.tract a distance of 123.29 feet (called North 00 028'24"West) to the POINT OF BEGINNING and containing 0.0617 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during January 2011. Walter J. Ksiaze tE�OF tg Registered Professio al Land Vrveyor No. 5321 Ole GIVQ16 xs,r • ; WALTER J. KSIA?..F ;,S�'eti FITTZ&SHIPMAN,INC Page 2 of 2 Project No. 11013.000OTRI Plat&Description Fittz&Shipman INC. EXHIBIT "A", PAGE 3 OF 5 Consulting Engineers and Land Surveyors FIELD NOTE DESCRIPTION Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) OF A Terry G.Shipman,Chairman of Board 0.0268 ACRE TRACT FOR THE Billy J.Smith,Jr.,President Donald R.King,P.E. ABANDONMENT OF A PORTION OF Michelle Falgout,P.E. A 10' WIDE DRAINAGE EASEMENT Walter J. Ksiazek,R.P.L.S. OUT OF LOT 17 AND 18,BLOCK 4 OF WOODLANDS ADDITION, UNIT IV JEFFERSON COUNTY,TEXAS FEBRUARY 9,2011 TRACT 2 That certain 0.0268 acre tract for the abandonment of a portion of a 10' wide drainage easement out of Lot 17 and 18, Block 4 of Woodlands Addition, Unit IV, a plat recorded in Volume 13, Page 8 of the Map Records of Jefferson County, Texas, said Lot 17 being conveyed to Charles E. Dennings as recorded in Clerks File No. 2003021021 of the Official Public Records of Jefferson County, Texas and said Lot 18 being conveyed to Charles E. Dennings as recorded in Clerks File No. 2003004305 of the Official Public Records of Jefferson County, Texas, said 0.0268 acres being more particularly described by metes and bounds as follows: NOTE. Basis of Bearings is the east line of Lot 17, Block 4 of said Woodlands Addition, Unit IV having been called South 00°28'24" East 130.66 feet. COMMENCING at a capped iron rod found in the south right-of-way line of Sassafras Street for the northeast corner of Lot 19 of said Woodlands Addition, Unit IV and the northwest corner of said Lot 18 from which a '/s" iron rod found in the said south right-of-way line of Sassafras Street bears South 85 042'46" West 77.16 feet; THENCE North 83 016'48" East along the said south right-of-way line of Sassafras Street and the north line of said Lot 18 a distance of 70.46 feet (called North 83 038'17" East) to a point for the northwest corner of the said 0.0268 acre tract and the POINT OF BEGINNING; THENCE North 83 016'48" East continuing along the said south right-of-way line of Sassafras Street and the said north line of Lot 18 and 17 a distance of 10.06 feet (called North 83 038'17" East) to a point for the northeast corner of the said 0.0268 acre tract from which a 3/" iron rod found for the northeast corner of said Lot 17 bears North 83 016'48" East 80.41 feet (called North 83 038'17" East); THENCE South 00 028'14" East along the east line of the said 0.0268 acre tract a distance of 117.09 feet to a point for the southeast corner of the said 0.0268 acre tract; THENCE South 89 033'17" West along the south line of the said 0.0268 acre tract a distance of 10.00 feet to a point for the southwest corner of the said 0.0268 acre tract; FITTZ&SHIPMAN,INC. Page 1 of 2 Project No. 11013.000OTR2 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 4 OF 5 THENCE North 00°28'14" West along the west line of the said 0.0268 acre tract a distance of 115.99 feet to the POINT OF BEGINNING and containing 0.0268 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during January 2011. /14/wavik Walter J. Ksiazek Registered Professional Land S eyor No. 5321 �t�,OF TF� sq�� WSTZPFG�x • * • ' WALTER J. KSIAZFM Qe?Ztt+V 4Q FITTZ&SHIPM,4N,INC. Page 2 of 2 Project No. 11013.000OTR2 Plat&Description EXHIBIT "A", PAGE 5 OF 5 NUMBER DIRECTION DISTANCE L1 S 00'31'37" E 109.94 L2 N 89.33'17" E 54.93 L3 S 0078'14" E 15.00 L4 S 89'33'17" W 69.92 L5 S 00'28'14" E 117.09 L6 IS 8933'17" W 10.00 L7 N 00.28'14" W 115.99 WOODLANDS UNIT III VOL. 13, PG. 7, M.R.J.C. FENCE B L 0 C K 4 LOT 7 FOR FOOTING FOUND _ LOT 8 IR CAPPED — ON ROD 5 ,93.46^W 78.25) FOUND 1/2^ (CA 79 t0 _ IRON ROD 9,31.4 —� n �W 66.31) —� 00 b^ — W ' B p=UTAY,C E � // Iaw n Z,,(G 112 S 79 t6 �4E ✓' iM a r iJ wv "N LOT 19 LOT 16 B 0 K q N n O LOT 17 I^3 LOT 18 a N z M°n TRACT 1 pi: ° m* ^ TRACT 2 15' WIDE DRAINAGE c W m w ABANDONMENT n EASEMENT O a 0 o N OF A PORTION J J 0.0617 ACRES I z v OF A 10' DRAINAGE < 'o EASEMENT 0.0268 ACRE U 1n .--- I FOUND 1/2' POINT OF IRON ROD —_ - — 15'BUILDING LINE \ BEGINNING TRACT 2 S 85'42.46" W 55.37 0 15.09 77.16 POINT OF 80.41 8 E 160.93 BEGINNING N 83'16'4 " TRACT 1 (CALLED N 63'38'17^ E 160.93) COMMENCING STREET POINT S' FOUND 3/4^ 4975 SAS TRACT 2 IRON ROD FOUND CAPPED IRON ROD SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, w ON THE A THIS IS AN ACCURATE PLAT OF A D UNDER MY SUPERVISION DUR1 NG aJ NUARYP2� MADE ��4`'V.144 0' • rIALTER J. K81AZEII (� WALTER J. KSIAZEK SU ' 'y REGISTERED PROFESSIONAL LA RVEYOR 0. .321 • •• V •••••{OP 0 15 p A L 0:\PROJECTS\11013 4975 SASSAFRAS\Ci0\11013Es ts.dwg Feb 14, 2011 01:36pm 15' WIDE DRAINAGE EASEMENT AND THE ABANDONMENT OF A PORTION OF A 10' WIDE SHEET NO. Fittz&Shipman DRAINAGE EASEMENT INC• FROJ= NAM' CHARLES E. DENNINGS, SR. 5 AQ7S SASSAFRAS STREET 1405 CORNERSTONE COURT,BEAUMONI « » I�A(1WT TEXAS PROJECT N0. (409)832-7236 FAX(409)63: EXHIBIT B " DAT&'2-8-11 11013 M RICH WITH OPPORTUNITY r T • E • X • A • S City ouncil Agenda Item Y g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to execute a Lease Agreement with David Derharoutian. RECOMMENDATION Administration recommends authorizing the City Manager to execute a one (1)year Lease Agreement with David Derharoutian(Landlord) for the use of property located at 8155 Phelan Blvd., Beaumont, Texas. BACKGROUND EMS Med No. 4 has operated at 8155 Phelan Blvd., an 800 square foot facility, since April 2004. The current lease of$1,175.20 per month will expire on March 31, 2011. The Landlord has proposed a new one (1)year lease with the rental rate remaining at $1,175.20 per month. The new lease will begin on April 1, 2011 and end on March 31, 2012. All other provisions of the lease will remain the same. All utilities will be paid by the City, and minor maintenance of the facility, such as the air conditioning filter replacement and grounds maintenance, will be the responsibility of the City. Ingrid Holmes, Public Health Director, approves of the terms of the proposed new lease. A copy of the proposed lease in its substantial form is attached for your review. BUDGETARYIMPACT Lease payments of$1,175.20 per month total $14,102.40 over the term of the lease. Funds are budgeted in the EMS Division's operating budget. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one (1) year Lease Agreement, substantially in the form attached hereto as Exhibit "A," in the amount of $1,175.20 per month with David Derharoutian (Landlord) for the use of property located at 8155 Phelan Boulevard, Beaumont, Texas, for EMS Med No. 4. The new lease would begin April 1, 2011 and end March 31, 2012. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - TEXAS ASSOCIATION OF REALTORS(9) COMMERCIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®IS NOT AUTHORIZED. OTsxas Assocladon of REALTORS®,Inc.2010 Table of Contents No, Paragraph Descri tp ion pg. blo, Paragraph Descr' tin ion p9. 1. Parties 2 22. Holdover 10 2. Leased Premises 2 23. Landlord's Lien &Security Interest 11 3. Term 2 24. Assignment and Subletting 11 A. Term 25. Relocation 11 B. Delay of Occupancy 26. Subordination 11 4. Rent and Expenses 3 27. Estoppel Certificates & Financial Info. 11 A. Base Monthly Rent 28. Casualty Loss 12 B. First Full Month's Rent 29. Condemnation 12 C. Prorated Rent 30. Attorney's Fees 12 D. Additional Rent 31. Representations 12 E. Place of Payment 32. Brokers 13 F. Method of Payment 33. Addenda 13 G. Late Charges 34. Notices 13 H. Returned Checks 35. Special Provisions 14 5. Security Deposit 4 36. Agreement of the Parties 14 6. Taxes 4 7. Utilities 4 ADDENDA& EXHIBITS (check all that apply) 8. Insurance 5 9. Use and Hours 6 ❑ Exhibit 10. Legal Compliance 6 ❑ Exhibit 11. Signs 7 ❑ Commercial Lease Addendum for Brokers Fee 12. Access By Landlord 7 (TAR-2102) 13. Move-In Condition 7 ❑ Commercial Lease Addendum for Expense 14. Move-Out Condition 7 Reimbursement(TAR-2103) 15. Maintenance and Repairs 8 ❑ Commercial Lease Addendum for Extension A. Cleaning Option (TAR-2104) ❑ B. Conditions Caused by a Party Commercial Lease Addendum for Percentage C. Repair& Maintenance Responsibility Rent(TAR-2106) ❑ D. Repair Persons Commercial Lease Addendum for Parking E. HVAC Service Contract (TAR-2107) F. Common Areas ❑ Commercial Landlord's Rules and Regulations G. Notice of Repairs (TAR-2108) H. Failure to Repair ❑ Commercial Lease Guaranty(TAR-2109) 16. Alterations g ❑ Commercial Lease Addendum for Right of First 17. Liens g Refusal (TAR-2105) 18. Liability 9 El Commercial Lease Addendum for Optional 19. Indemnity 10 Space (TAR-2110) E]20. Default 10 Commercial Lease Addendum for Construction 21. Abandonment, Interruption of Utilities, (TAR-2111)or(TAR-2112) ❑ Removal of Property& Lockout 10 Commercial Lease Addendum for Contingencies (TAR-2119) ❑ ❑ ❑ Information About Brokerage Services (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 1 of 15 American Real Estate 3550 Dowlen Rd,Suite A Beaumont,TX 77706 Phone:409.866.9129 Fax: Kelli Maness D.DERHAROUTI Produced with ZipForrrl@ by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www zipL4pix rnrn EXHIBIT "A" 4111,h V TEXAS ASSOCIATION OF REALTORS® COMMERCIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®IS NOT AUTHORIZED. ®Texas Association of WALTORSO,Inc.2010 1. PARTIES: The parties to this lease are: Landlord: and Tenant: CITY OF BEAUMONT att: BRENDA DEAN 2. LEASED PREMISES: A. Landlord leases to Tenant the following described real property, known as the 'leased premises,"along with all its improvements (Check only one box): ❑ (1) Multiple-Tenant Property: Suite or Unit Number containing approximately square feet of rentable area in (project name) at (address) in (city), (county), Texas, which is legally described on attached Exhibit or as follows: Q (2) Sri gle-Tenant Property: The real property at: 8155 PHELAN (address) in BEAUMONT (city), JEFFERSON (county), Texas, which is legally described on attached Exhibit Q. WILLIAMS or as follows: ABSTRACT 59 TR 72-A SP-6 BLOCK 18 B. If Paragraph 2A(1)applies: (1) "Property" means the building or complex in which the leased premises are located, inclusive of any common areas, drives, parking areas, and walks; and (2) the parties agree that the rentable area of the leased premises may not equal the actual or useable area within the leased premises and may include an allocation of common areas in the Property. The rentable area ❑ will ❑ will not be adjusted if re-measured. 3. TERM: A. Term: The term of this lease is 12 months and -0- days, commencing on: APRIL 1. 2011 (Commencement Date) and ending on MARCH 31, 2012 (Expiration Date). (TAR-2101)1-26-10 Initialed for Identification by Landlord: and Tenant: Page 2 of 15 Produced with ZipForm@ by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 b ww-z4pLQgix cam D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT, B. Delay of Occupancy: If Tenant is unable to occupy the leased premises on the Commencement Date because of construction on the leased premises to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased premises, Landlord will not be liable to Tenant for such delay and this lease will remain enforceable. In the event of such a delay, the Commencement Date will automatically be extended to the date Tenant is able to occupy the Property and the Expiration Date will also be extended by a like number of days, so that the length of this lease remains unchanged. If Tenant is unable to occupy the leased premises after the 90th day after the Commencement Date because of construction on the leased premises to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased premises, Tenant may terminate this lease by giving written notice to Landlord before the leased premises become available to be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant. This Paragraph 36 does not apply to any delay in occupancy caused by cleaning or repairs. C. Unless the parties agree otherwise, Tenant is responsible for obtaining a certificate of occupancy for the leased premises if required by a governmental body. 4. RENT AND EXPENSES: A. Base Monthly Rent: On or before the first day of each month during this lease, Tenant will pay Landlord base monthly rent as described on attached Exhibit N/A or as follows: Dates Rate per rentable sc uare foot (optional) Base Monthly From To M nthly Rate Annual Rate Rent rsf/mo:nqth /risf/syear B. Additional Rent: In addition to the base monthly rent, Tenant will pay Landlord all other amounts, as provided by the attached (Check all that apply.): ❑ (1) Commercial Lease Addendum for Expense Reimbursement(TAR-2103) ❑ (2) Commercial Lease Addendum for Percentage Rent(TAR-2106) ❑ (3) Commercial Lease Addendum for Parking (TAR-2107) ❑ (4) All amounts payable under the applicable addenda are deemed to be "rent" for the purposes of this lease. C. First Full Month's Rent:The first full monthly rent is due on or before APRIL 1. 2011 D. Prorated Rent: If the Commencement Date is on a day other than the first day of a month, Tenant will pay Landlord as prorated rent, an amount equal to the base monthly rent multiplied by the following fraction: the number of days from the Commencement Date to the first day of the following month divided by the number of days in the month in which this lease commences. The prorated rent is due on or before the Commencement Date. E. Place of Payment: Tenant will remit all amounts due Landlord under this lease to the following person at the place stated or to such other person or place as Landlord may later designate in writing: Name: DAVID DERHAROUTIAN c/o Stacy Tvwater Address: Beaumont Area Federal Credit Union (TAR-2101)1-26-10 Initialed for Identification by Landlord: and Tenant: Page 3 of 15 Produced with ZipForrrog)by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 Ieoeoel.7*pLna4x CAm D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT F. Method-of Payment: Tenant must pay all rent timely without demand, deduction, or offset, except as permitted by law or this lease. If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is returned to Landlord by the institution on which it was drawn, Landlord after providing written notice to Tenant may require Tenant to pay subsequent amounts that become due under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant's failure to make timely payments with good funds. Shall 6e. ect,+nll,eA 6 55a.001 of -NNe, -ryas svernmen+ CQC6, G. Late Charges: the date it is due, Tenant will pay Landlord a late charq amount due. In this paragraph, e e an lord. The late charge is a cost associated with the coll andlor s ate charge does not waive ' o exercise remedies under Paragraph 20. H. Returned Checks: Tenant will pay$ 25.00 for each check Tenant tenders to Landlord which is returned by the institution on which it is drawn for any reason, plus any late charges until Landlord receives payment. 5. SECURITY DEPOSIT: A. Upon execution of this lease, Tenant will pay$ to Landlord as a security deposit. B. Landlord may apply the security deposit to any amounts owed by Tenant under this lease. If Landlord applies any part of the security deposit during any time this lease is in effect to amounts owed by Tenant, Tenant must, within 10 days after receipt of notice from Landlord, restore the security deposit to the amount stated. C. Within 60 days after Tenant surrenders the leased premises and provides Landlord written notice of Tenant's forwarding address, Landlord will refund the security deposit less any amounts applied toward amounts owed by Tenant or other charges authorized by this lease. 6. TAXES: Unless otherwise agreed by the parties, Landlord will pay all real property ad valorem taxes assessed against the leased premises. 7. UTILITIES: A. The party designated below will pay for the following utility charges to the leased premises and any connection charges for the utilities. (Check all that apply.) NLA Landlord Tenant (1) Water ❑ ❑ ❑ (2) Sewer ❑ ❑ ❑ (3) Electric ❑ ❑ ❑ (4) Gas ❑ ❑ 0 (5) Telephone ❑ ❑ O (6) Internet ❑ ❑ ❑ (7) Cable ❑ ❑ ❑ (8) Trash ❑ ❑ Q (9) ❑ ❑ ❑ (10)All other utilities ❑ ❑ ❑ B. The party responsible for the charges under Paragraph 7A will pay the charges directly to the utility service provider. The responsible party may select the utility service provider except that if Tenant selects the provider, any access or alterations to the Property or leased premises necessary for the utilities may be made only with Landlord's prior consent, which Landlord will not unreasonably withhold. If Landlord incurs any liability for utility or connection charges for which Tenant is responsible to pay and Landlord pays such amount, Tenant will immediately upon written notice from Landlord reimburse Landlord such amount. (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 4 of 15 Produced with ZipFormg)by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www aipl-opiY corn D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT C. Notice: Tenant should determine if all necessary utilities are available to the leased premises and are adequate for Tenant's intended use. D. After-Hours HVAC Charges: "HVAC services" means heating, ventilating, and air conditioning of the leased premises. (Check one box only.) d (1) Landlord is obligated to provide the HVAC services to the leased premises only during the Property's operating hours specified under Paragraph 9C. ❑ (2) Landlord will provide the HVAC services to the leased premises during the operating hours specified under Paragraph 9C for no additional charge and will, at Tenant's request, provide HVAC services to the leased premises during other hours for an additional charge of$ per hour. Tenant will pay Landlord the charges under this paragraph immediately upon receipt of Landlord's invoice. Hourly charges are charged on a half-hour basis. Any partial hour will be rounded up to the next half hour. Tenant will comply with Landlord's procedures to make a request to provide the additional HVAC services under this paragraph. (3) Tenant will pay for the HVAC services under this lease. 8. INSURANCE: Y " '� Lill iS Sri irOtAV-eJ. See tl.A-A-ackw.ev% ft I from an insurer authorized to operate in Texas: public liability insurance naming Landlord as an additional insured with policy limits on an occu ce is in a minimum amount of: (check only(a) or(b) below) ❑ (a) 00,000; or C] (b) $2,0 , 00. If neither box I hecked the minimum amount will be$1,000,000. (2) personal property mage insurance for the business operations be' conducted in the leased premises and contents ' the leased premises in an amount suffici o replace such contents after a casualty loss; and D (3) business interruption insurance icient to pay 12 months rent payments; B. Before the Commencement Date, Tenan st provi andlord with a copy of insurance certificates evidencing the required coverage. If the insur verage is renewed or changes in any manner or degree at any time this lease is in effect, an ust, not later than 10 days after the renewal or change, provide Landlord a copy of an in nce certifi evidencing the renewal or change. C. If Tenant fails to maintain the re d insurance in full force a ffect at all times this lease is in effect, Landlord may: (1) purchase insurance will provide Landlord the same coverage the required insurance and Tenant must im lately reimburse Landlord for such expense; or (2) exercise La rd's remedies under Paragraph 20. D. Unless parties agree otherwise, Landlord will maintain in full force and effect insu for: (1) fire an ended coverage in an amount to cover the reasonable replacement cost of the impr ments of e Property; and (2) any public liability insurance in an amount that Landlord determines rea able and appropriate. E. If there is an increase in Landlord's insurance premiums for the leased premises or Property or its contents that is caused by Tenant, Tenant's use of the leased premises, or any improvements made by or for Tenant, Tenant will, for each year this lease is in effect, pay Landlord the increase immediately after Landlord notifies Tenant of the increase. Any charge to Tenant under this Paragraph 8E will be equal to the actual amount of the increase in Landlord's insurance premium. (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 5 of 15 Produced with ZipForrrO by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.70pLogix_com D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT 9. USE AND HOURS: A. Tenant may use the leased premises for the following purpose and no other: Emeraency Medical emergency units a ee"ii;C49-auarters for employees B. Unless otherwise specified in this lease, Tenant will operate and conduct its business in the leased premises during business hours that are typical of the industry in which Tenant represents it operates. C. The Property maintains operating hours of(specify hours, days of week, and if inclusive or exclusive of weekends and holidays): 24 HOURS A DAY-SEVEN (7) DAYS A WEEK 10. LEGAL COMPLIANCE: A. Tenant may not use or permit any part of the leased premises or the Property to be used for: (1) any activity which is a nuisance or is offensive, noisy, or dangerous; (2) any activity that interferes with any other tenant's normal business operations or Landlord's management of the Property; (3) any activity that violates any applicable law, regulation, zoning ordinance, restrictive covenant, governmental order, owners' association rules, tenants' association rules, Landlord's rules or regulations, or this lease; (4) any hazardous activity that would require any insurance premium on the Property or leased premises to increase or that would void any such insurance; (5) any activity that violates any applicable federal, state, or local law, including but not limited to those laws related to air quality, water quality, hazardous materials, wastewater, waste disposal, air emissions, or other environmental matters; (6) the permanent or temporary storage of any hazardous material; or (7) B. "Hazardous material" means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, solvent, or oil as defined by any federal, state, or local environmental law, regulation, ordinance, or rule existing as of the date of this lease or later enacted. C. Landlord does not represent or warrant that the leased premises or Property conform to applicable restrictions, zoning ordinances, setback lines, parking requirements, impervious ground cover ratio requirements, and other matters that may relate to Tenant's intended use. Tenant must satisfy itself that the leased premises may be used as Tenant intends by inde en ndently investi9atina all matters related to fbe use-of-tba leased nremises-Q[ Pronertv. Tenant agrees-tbajjj-j jxA relying on any warranty representation made Landlord. Landlord's aoent.9C any broker concerninaAhe use-.QfAbe leased premises or Property" 11.SIGNS: A. Tenant may not post or paint any signs or place any decoration outside the leased premises or on the Property without Landlord's written consent. Landlord may remove any unauthorized sign or decorations, and Tenant will promptly reimburse Landlord for its cost to remove any unauthorized sign or decorations. B. Any authorized sign must comply with all laws, restrictions, zoning ordinances, and any governmental order relating to signs on the leased premises or Property. Landlord may temporarily remove any authorized sign to complete repairs or alterations to the leased premises or the Property. (TAR-2101)1-26-10 Initialed for Identification by Landlord: and Tenant: Page 6 of 15 Produced with ZipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 teoepe ApLogix corn D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT C. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all signs that were placed on the Property or leased premises by or at the request of Tenant. Any signs that Landlord does not require Tenant to remove and that are fixtures, become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. 12.ACCESS BY LANDLORD: A. During Tenant's normal business hours Landlord may enter the leased premises for any reasonable purpose, including but not limited to purposes for repairs, maintenance, alterations, and showing the leased premises to prospective tenants or purchasers. Landlord may access the leased premises after Tenant's normal business hours if: (1) entry is made with Tenant's permission; or (2) entry is necessary to complete emergency repairs. Landlord will not unreasonably interfere with Tenant's business operations when accessing the leased premises. B. During the last 30 days of this lease, Landlord may place a "For Lease" or similarly worded sign in the leased premises. 13. MOVE-IN CONDITION: Tenant has inspected the leased premises and accepts it in its present (as-is) condition unless expressly noted otherwise in this lease or in an addendum. Landlord and any agent have made-nQ es r�-cL implied warranties-asAl2Ahe conditioner erg use-Q{-the leased premises Property. 14. MOVE-OUT CONDITION AND FORFEITURE OF TENANT'S PERSONAL PROPERTY: A. At the time this lease ends, Tenant will surrender the leased premises in the same condition as when received, except for normal wear and tear. Tenant will leave the leased premises in a clean condition free of all trash, debris, personal property, hazardous materials, and environmental contaminants. B. If Tenant leaves any personal property in the leased premises after Tenant surrenders possession of the leased premises, Landlord may: (1) require Tenant, at Tenant's expense, to remove the personal property by providing written notice to Tenant; or (2) retain such personal property as forfeited property to Landlord. C. "Surrender" means vacating the leased premises and returning all keys and access devices to Landlord. "Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or abuse. D. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all fixtures that were placed on the Property or leased premises by or at the request of Tenant. Any fixtures that Landlord does not require Tenant to remove become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. 15. MAINTENANCE AND REPAIRS: A. Cleaning: Tenant must keep the leased premises clean and sanitary and promptly dispose of all garbage in appropriate receptacles. ❑ Landlord a Tenant will provide, at its expense, janitorial services to the leased premises that are customary and ordinary for the property type. Tenant will maintain any grease trap on the Property which Tenant uses, including but not limited to periodic emptying and cleaning, as well as making any modification to the grease trap that may be necessary to comply with any applicable law. (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 7 of 15 Produced with ZipForrTO by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.z*pLogqx.com D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT. B. Repairs of Conditions Caused by a Party: Each party must promptly repair a condition in need of repair that is caused, either intentionally or negligently, by that party or that party's guests, patrons, invitees, contractors or permitted subtenants. C. Repair and Maintenance Responsibility: Except as otherwise provided by this Paragraph 15, the party designated below, at its expense, is responsible to maintain and repair the following specified items in the leased premises (if any). The specified items must be maintained in clean and good operable condition. If a governmental regulation or order requires a modification to any of the specified items, the party designated to maintain the item must complete and pay the expense of the modification. The specified items include and relate only to real property in the leased premises. Tenant is responsible for the repair and maintenance of its personal property. (Check all that apply.) VILA Landlord Tenant (1) Foundation, exterior walls, roof, and other structural components....❑ 0 ❑ (2) Glass and windows ...........................................................................❑ ❑ 0 (3) Fire protection equipment and fire sprinkler systems........................❑ ❑ 0 (4) Exterior & overhead doors, including closure devices, molding, locks, and hardware .........................................................................❑ ❑ 0 (5) Grounds maintenance, including landscaping and irrigation systems ............................................................................................0 ❑ 0 (6) Interior doors, including closure devices, frames, molding, locks, andhardware ...................................................................................❑ ❑ 0 (7) Parking areas and walks ...................................................................❑ ❑ ❑ (8) Plumbing systems, drainage systems and sump pumps ..................❑ ❑ 0 (9) Electrical systems, mechanical systems ..........................................❑ ❑ 0 (10) Ballast and lamp replacement ..........................................................❑ ❑ 0 (11) Heating, Ventilation and Air Conditioning (HVAC)systems ..............❑ ❑ 0 (12) Signs and lighting: (a) Pylon ...........................................................................................❑ ❑ 0 (b) Facia ...........................................................................................❑ ❑ 0 (c) Monument ...................................................................................❑ ❑ 0 (d) Door/Suite ...................................................................................Cl ❑ 0 (e) Other: .............❑ ❑ 0 (13) Extermination and pest control, excluding wood-destroying insects ❑ ❑ 0 (14) Fences and Gates ............................................................................❑ ❑ d (15) Storage yards and storage buildings.................................................❑ ❑ 0 (16) Wood-destroying insect treatment and repairs .................................❑ 0 ❑ (17) Cranes and related systems .............................................................0 ❑ ❑ (18) ❑ ❑ (19) ❑ ❑ (20) All other items and systems. ............................................................. ❑ d D. Repair Persons: Repairs must be completed by trained, qualified, and insured repair persons. E. HVAC Service Contract: If Tenant maintains the HVAC system under Paragraph 15C(11), Tenant 0 is ❑ is not required to maintain, at its expense, a regularly scheduled maintenance and service contract for the HVAC system. The maintenance and service contract must be purchased from a HVAC maintenance company that regularly provides such contracts to similar properties. If Tenant fails to maintain a required HVAC maintenance and service contract in effect at all times during this lease, Landlord may do so and Tenant will reimburse Landlord for the expense of such maintenance and service contract or Landlord may exercise Landlord's remedies under Paragraph 20. (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 8 of 15 Produced with ZipForm@ by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zipLQg'x 2 D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT. F. Common Areas: Landlord will maintain any common areas in the Property in a manner as Landlord determines to be in the best interest of the Property. Landlord will maintain any elevator and signs in the common area. Landlord may change the size, dimension, and location of any common areas, provided that such change does not materially impair Tenant's use and access to the leased premises. Tenant has the non-exclusive license to use the common areas in compliance with Landlord's rules and regulations. Tenant may not solicit any business in the common areas or interfere with any other person's right to use the common areas. This paragraph does not apply if Paragraph 2A(2)applies. G. Notice of Repairs: Tenant must promptly notify Landlord of any item that is in need of repair and that is Landlord's responsibility to repair. All requests for repairs to Landlord must be in writing. H. Failure to Re air: Landlord must make a repair for which Landlord is responsible within a reasonable period of time after Tenant provides Landlord written notice of the needed repair. If Tenant fails to repair or maintain an item for which Tenant is responsible within 10 days after Landlord provides Tenant written notice of the needed repair or maintenance, Landlord may: (1) repair or maintain the item, without liability for any damage or loss to Tenant, and Tenant must immediately reimburse Landlord for the cost to repair or maintain; or(2)exercise Landlord's remedies under Paragraph 20. 16. ALTERATIONS: A. Tenant may not alter (including making any penetrations to the roof, exterior walls or foundation), improve, or add to the Property or the leased premises without Landlord's written consent. Landlord will not unreasonably withhold consent for the Tenant to make reasonable non-structural alterations, modifications, or improvements to the leased premises. B. Tenant may not alter any locks or any security devices on the Property or the leased premises without Landlord's consent. If Landlord authorizes the changing, addition, or rekeying of any locks or other security devices, Tenant must immediately deliver the new keys and access devices to Landlord. C. If a governmental order requires alteration or modification to the leased premises, the party obligated to maintain and repair the item to be modified or altered as designated in Paragraph 15 will, at its expense, modify or alter the item in compliance with the order and in compliance with Paragraphs 16A and 17. D. Any alterations, improvements, fixtures or additions to the Property or leased premises installed by either party during the term of this lease will become Landlord's property and must be surrendered to Landlord at the time this lease ends, except for those fixtures Landlord requires Tenant to remove under Paragraph 11 or 14 or if the parties agree otherwise in writing. 17. LIENS: Tenant may not do anything that will cause the title of the Property or leased premises to be encumbered in any way. If Tenant causes a lien to be filed against the Property or leased premises, Tenant will within 20 days after receipt of Landlord's demand: (1) pay the lien and have the lien released of record; or (2) take action to discharge the lien. Tenant will provide Landlord a copy of any release Tenant obtains pursuant to this paragraph. 18. LIABILITY: To the extent permitted by law. Landlord is NOT responsible to Tenant or Tenant's employees- patrons- guests,or invitees for any damages, inj trL ies, or losses to person or property caused by@ A. an act. omission, or neglect of: Tenant: Tenant's agents Tenant's guest; Tenant's employees; Tenant's ate; Tenant' invit ; or any other tenant on the Proms B. ftm flood. water leaks. ice. snow. hail. winds. explosion- smoke—, strike. interru tion_Q{ utilities. the& burglary robbery. assault. vandalism. other persons. environmental contaminants. _L other occurrences or casuaU losses. (TAR-2101)1-26-10 Initialed for Identification by Landlord: and Tenant: Page 9 of 15 Produced with ZipForm@ by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www zi I iY.nm D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT WILL BE RESPONSIBLE FOR 19. INDEMNITY: Each party y c elr!,gQ apd hnid thn -thap par y hara16& JW& anv property damage, personal suits, actions. liabilities. damages, cost�f r� r�_oL service��leased �remises� Property.4C av other loss caused, negligently_ x otherwiseJ2y that-RadX.92 that na ; 's employees, patrons, guests, or invitees. CAUSED 20. DEFAULT: A. If Landlord fails to comply with this lease within 30 days after Tenant notifies Landlord of Landlord's failure to comply, Landlord will be in default and Tenant may seek any remedy provided by law. If, however, Landlord's non-compliance reasonably requires more than 30 days to cure, Landlord will not be in default if the cure is commenced within the 30-day period and is diligently pursued. B. If Landlord does not actually receive at the place designated for payment any rent due under this lease within 5 days after it is due, Tenant will be in default. If Tenant fails to comply with this lease for any other reason within 10 days after Landlord notifies Tenant of its failure to comply, Tenant will be in default. see-9 remeAies as provideA �_-Y Tex" ICLW. C. If Tenant is in default, Landlord ma , accelerate all rents which are payable during the remainder of this lease or any renewal per' Landlo ill attempt to mitigate any damage or loss caused by Tenant's breach by using co rcially reasonable s. If Tenant is in default, Tenant will be liable for: (1) any lost rent; (2) Landlord's cost of re Nkqq the leased premises, including brokerage , advertising fees, and other fees necessary to rel?tilaQ leased premises; (3) repairs to the leased premises for beyond normal wear ear; (4) all Landlord's costs associated with ev of Ten uch as attorney's fees, court costs, and prejudgment interest; (5) all Landlord's costs associated with coll of r uch as collection fees, late charges, and returned check charges; (6) cost of removing any of Tena ' quipment or fixtures left on the ed premises or Property; (7) cost to remove any , debris, personal property, hazardous rials, or environmental contaminants le enant or Tenant's employees, patrons, guests, or ees in the leased premises or erty; (8) cost ace any unreturned keys or access devices to the leased premises, parkin as, or erty; 21. ABANDONMENT, INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY, AND LOCKOUT: Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c) removal of Tenant's property; and (d) "lock-out"of Tenant. 22. HOLDOVER: If Tenant fails to vacate the leased premises at the time this lease ends, Tenant will become a tenant-at-will and must vacate the leased premises immediately upon receipt of demand from Landlord. No holding over by Tenant, with or without the consent of Landlord, will extend this lease.Tenant will _ Rent for any holdover period will be 150% of the base monthly rent plus any additional rent calculated on a daily basis and will be immediately due and payable daily without notice or demand. (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 10 of 15 Produced with ZipFormOD by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zipLo9lx.com D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT 23. LA AND SECURITY INTEREST: To secure Tenant's performance and , Tenant gra ts to Land Ior_d-J!1Mnnm%I,-�ritv against a 1 rif Tannn P Personal pi that the leased premises or on the Pro ecurity agreement for the purposes of the Uniform Commercial C ay Ile a financing statement o d's security interest ommercial Code. 24. ASSIGNMENT AND SUBLETTING: Landlord may assign this lease to any subsequent owner of the Property. Tenant may not assign this lease or sublet any part of the leased premises without Landlord's written consent. An assignment of this lease or subletting of the leased premises without Landlord's written consent is voidable by Landlord. If Tenant assigns this lease or sublets any part of the leased premises, Tenant will remain liable for all of Tenant's obligations under this lease regardless if the assignment or sublease is made with or without the consent of Landlord. 25. RELOCATION: d A. By providing Tenant with not less than 90 days advanced written notice, Landlord may require Tenant to relocate to another location in the Property, provided that the other location is equal in size or larger than the leased premises then occupied by Tenant and contains similar leasehold improvements. Landlord will pay Tenant's reasonable out-of-pocket moving expenses for moving to the other location. "Moving expenses" means reasonable expenses payable to professional movers, utility companies for connection and disconnection fees, wiring companies for connecting and disconnecting Tenant's office equipment required by the relocation, and printing companies for reprinting Tenant's stationary and business cards. A relocation of Tenant will not change or affect any other provision of this lease that is then in effect, including rent and reimbursement amounts, except that the description of the suite or unit number will automatically be amended. d B. Landlord may not require Tenant to relocate to another location in the Property without Tenant's prior consent. 26. SUBORDINATION: A. This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (1) any lien, encumbrance, or ground lease now or hereafter placed on the leased premises or the Property that Landlord authorizes; (2) all advances made under any such lien, encumbrance, or ground lease; (3) the interest payable on any such lien or encumbrance; (4) any and all renewals and extensions of any such lien, encumbrance, or ground lease; (5) any restrictive covenant affecting the leased premises or the Property; and (6) the rights of any owners'association affecting the leased premises or Property. B. Tenant must, on demand, execute a subordination, attornment, and non-disturbance agreement that Landlord may request that Tenant execute, provided that such agreement is made on the condition that this lease and Tenant's rights under this lease are recognized by the lien-holder. A. Within 10 day i t of a written request from Landlord, execute and deliver to Landlord an estoppel certifica . Ies the ter I Ions of this lease. B. Within 30 days after re ' en request from Landlor rovide to Landlord Tenant's current fin ation (balance sheet and income statement). Landlor the financial a Ion no more frequently than once every 12 months. (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 11 of 15 Produced with ZipForrrO by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.z*pLoo'x.com D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT. 28. CASUALTY LOSS: A. Tenant must immediately notify Landlord of any casualty loss in the leased premises. Within 20 days after receipt of Tenant's notice of a casualty loss, Landlord will notify Tenant if the leased premises are less than or more than 50% unusable, on a per square foot basis, and if Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss. B. If the leased premises are less than 50% unusable and Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty, Landlord will restore the leased premises to substantially the same condition as before the casualty. If Landlord fails to substantially restore within the time required, Tenant may terminate this lease. C. If the leased premises are more than 50% unusable and Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty, Landlord may: (1) terminate this lease; or (2) restore the leased premises to substantially the same condition as before the casualty. If Landlord chooses to restore and does not substantially restore the leased premises within the time required, Tenant may terminate this lease. D. If Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss, Landlord may: (1) choose not to restore and terminate this lease; or (2) choose to restore, notify Tenant of the estimated time to restore, and give Tenant the option to terminate this lease by notifying Landlord within 10 days. E. If this lease does not terminate because of a casualty loss, rent will be reduced from the date Tenant notifies Landlord of the casualty loss to the date the leased premises are substantially restored by an amount proportionate to the extent the leased premises are unusable. 29. CONDEMNATION: If after a condemnation or purchase in lieu of condemnation the leased premises are totally unusable for the purposes stated in this lease, this lease will terminate. If after a condemnation or purchase in lieu of condemnation the leased premises or Property are partially unusable for the purposes of this lease, this lease will continue and rent will be reduced in an amount proportionate to the extent the leased premises are unusable. Any condemnation award or proceeds in lieu of condemnation are the property of Landlord and Tenant has no claim to such proceeds or award. Tenant may seek compensation from the condemning authority for its moving expenses and damages to Tenant's personal property. "r4 ', end' le^ej +orne s fets s/,.lf be ce„+rallecl 6 Tuas law, 30. ATTORNEY'S FEES: 31. REPRESENTATIONS: A. Tenant's statements in this lease and any application for rental are material representations relied upon by Landlord. Each party signing this lease represents that he or she is of legal age to enter into a binding contract and is authorized to sign the lease. If Tenant makes any misrepresentation in this lease or in any application for rental, Tenant is in default. B. Landlord is not aware of any material defect on the Property that would affect the health and safety of an ordinary person or any environmental hazard on or affecting the Property that would affect the health or safety of an ordinary person, except: (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 12 of 15 Produced with ZipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 momm2j9I agiY com D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT C. Each party and each signatory to this lease represents that: (1) it is not a person named as a Specially Designated National and Blocked Person as defined in Presidential Executive Order 13224; (2) it is not acting, directly or indirectly, for or on behalf of a Specially Designated and Blocked Person; and (3) is not arranging or facilitating this lease or any transaction related to this lease for a Specially Designated and Blocked Person. Any party or any signatory to this lease who is a Specially Designated and Blocked person will indemnify and hold harmless any other person who relies on this representation and who suffers any claim, damage, loss, liability or expense as a result of this representation. 32. BROKERS: A. The brokers to this lease are: G. W. PROPERTIES Principal Broker License No. Cooperating Broker License No. jg:LLI MANESS Agent Agent Address Address 409 673-6333 one Fax Phone Fax kbmaness@hotmail.com E-Mail License No. E-Mail License No. Principal Broker: (Check only one box) Cooperating Broker represents Tenant, Q represents Landlord only, ❑ representsTenant only. ❑ is an intermediary between Landlord and Tenant. B. Eem: 0 (1) Principal Broker's fee will be paid according to: (Check only one box). Q (a) a separate written commission agreement between Principal Broker and: Landlord ❑ Tenant. ❑ (b) the attached Addendum for Broker's Fee. r ❑ (2) Cooperating Broker's fee will be paid according to: (Check only one box). ❑ (a) a separate written commission agreement between Cooperating Broker and: t ❑ Principal Broker ❑ Landlord ❑ Tenant. ❑ (b) the attached Addendum for Broker's Fee. 33. ADDENDA: Incorporated into this lease are the addenda, exhibits and other information marked in the Addenda and Exhibit section of the Table of Contents. if Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at its discretion, amend from time to time. v s 34. NOTICES: All notices under this lease must be in writing and are effective when hand-delivered, sent by mail, or sent by facsimile transmission to: i Landlord at: David Derharoutian 'Q Address: 8114 High Terrace, Sucar Land Texas 77479 Phone: Fax: and a copy to:David Derharoutian Address: e-mail: devil- iron! * 1/_ 3113—5f 6(v Phone. Fax: ❑ Landlord also consents to receive notices by e-mail at: (TAR-2101)1-26-10 Initialed for Identification by Landlord: and Tenant: Page 13 of 15 Produced with ZipFormO by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www 7"ipl ag is corn D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT, Tenant at the leased premises, and a copy to: City of Beaumont c/o Brenda Dean Address: P.O. Box 3827 Beaumont, Texas 77704 Phone: Fax: ❑ Tenant also consents to receive notices by e-mail at: 35. SPECIAL PROVISIONS: Monthly Rents to be mailed to: Stacy Tywater Beaumont Area Educators Federal Credit Union P.O. Box 751 Beaumont, Texas 77704 All IMPROVEMENTS to 8155 Phelan will stay with property. If existing carpet removed it is to be replaced. Tenant responsible for carport and electricity to carport. Either party may terminate lease by providing thirty (30) day written notice. 36. AGREEMENT OF PARTIES: A. Entire Agreemen t:This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the parties and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, or refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its renewal, or its termination is binding on all Tenants. D. Controlling Law: The laws of the State of Texas govern the interpretation, performance, and enforcement of this lease.Vzrue- ar.d,,,�urt5d%CA-1c1n -6v- all d,spuks stall be- exclus;vejy in S2 erso� t:oun♦Y a11d fine 041.eii-, E. Severable Clauses: If any clause in this lease is found invalid or unenforceable by a court of law, the remainder of this lease will not be affected and all other provisions of this lease will remain valid and enforceable. F. Waiver: Landlord's delay, waiver, or non-enforcement of acceleration, contractual or statutory lien, rental due date, or any other right will not be deemed a waiver of any other or subsequent breach by Tenant or any other term in this lease. G. Quiet Enjoyment: Provided that Tenant is not in default of this lease, Landlord covenants that Tenant will enjoy possession and use of the leased premises free from material interference. (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 14 of 15 Produced with ZipForrr4D by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www-ZjpLnpix_Corn D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT H. Force Maieure: If Landlord's performance of a term in this lease is delayed by strike, lock-out, shortage of material, governmental restriction, riot, flood, or any cause outside Landlord's control, the time for Landlord's performance will be abated until after the delay. I. Time: Time is of the essence. The parties require strict compliance with the times for performance. Brokers are not qualified to render legal advice, property inspections, surveys, engineering studies, environmental assessments, tax advice, or compliance inspections. The parties should seek experts to render such services. READ THIS LEASE CAREFULLY. If you do not understand the effect of this Lease, consult your attorney BEFORE signing. CITY OF BEAUMONT Landlord:DAVID DERHAROUTIAN Tenant: P.O.Box 3827,Beaumont, Tx 77704 att: BRENDA DEAN By: By: By(signature): By(signature): Printed Name: Printed Name: Title: Title: By: By: By(signature): By(signature): Printed Name: Printed Name: Title: Title: (TAR-2101)1-26-10 Page 15 of 15 Produced with ZipFormO by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 woeoer zipl.ngix.cAm D.DERHAROUTI 5V~ 1 MR M City of Beaumont February 16, 2011 TO WHOM IT MAY CONCERN: The City of Beaumont is currently self-insured for all lines of coverage normally made available under the Texas Business Auto Policy. Comprehensive and collision accidents are paid as normal operating expenses. The City has a self-insured trust fund from which it pays all liability claims. The City currently purchases insurance for real and personal property. All real and personal property are protected by all risk type coverage including flood. Real and personal property are subject to a $50,000 deductible. If we can be of further assistance to you or provide you with additional information, please do not hesitate to contact us. Very truly yours, Matthew Martin, AIC, ARM Liability Administrator MM:rw Legal Department - (409) 880-3715 - Fax (409) 880-3121 P.O. Box 3827 - Beaumont,Texas 77704-3827 N RICH WITH OPPORTUNITY [1EAUM011* T • E ,, x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager R�- PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Bayou Willow Parkway, Part II. RECOMMENDATION The administration recommends approval of the following: • Bayou Willow Parkway approximately 35 feet east of existing Bayou Willow Parkway crossing the BNSF Railroad tracks to State Highway 124 (Fannet Road) . Also, recommended for approval are the storm sewer, water and sanitary sewer improvements for Bayou Willow Parkway Part II, right-of-way only. BACKGROUND The aforementioned improvements in the Multi-Purpose Facility(BISD)parkway passed final inspection from all entities involved on November 24, 2010. Bayou Willow Parkway Part I was approved by City Council on August 24, 2010, Resolution No.10-224 for the street, storm sewer, water and sanitary sewer improvements in the Right of Way only. BUDGETARYIMPACT None. P BAYOU WILLOW PARKWAY ROBERTS�.� PART 2 i PART 1 � COMBS EMERALD c� eR p pKs PLO Ce- VICINITY MAP BAYOU WILLOW PARKWAY PART 2 RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Bayou Willow Parkway, Part II, have been completed as follows: Street • Bayou Willow Parkway approximately 35 feet east of existing Bayou Willow Parkway crossing the BNSF Railroad tracks to State Highway 124 (Fannett Road). Storm Sewer, Water and Sanitary Sewer Improvements • Bayou Willow Parkway, Part II, right-of-way only. WHEREAS, the developers of said street desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department has determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; 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 above-referenced street, storm sewer, water and sanitary sewer improvements in Bayou Willow Parkway, Part II, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - RICK WITH OPPORTUNITY O 11EA,1111011 T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider authorizing the award of an annual contract for Fire Department Uniforms. RECOMMENDATION The administration recommends the award of an annual contract to Lone Star Uniform, Inc., of Houston, in the estimated amount of$49,318.25 and to Tyler Uniform, Inc., of Tyler, Texas in the estimated amount of$2,236.00. BACKGROUND Bids were solicited from seven(7)vendors. Responses were received from four(4) vendors. Lone Star Uniform, Inc., was low conforming bid on two (2) of the three (3)bid sections. Tyler Uniform, Inc., was low bid on the third section. Both Lone Star Uniform, Inc., and Tyler Uniform, Inc., have held this contract in prior years and both performed satisfactorily. The contract provides for Lone Star, Inc., to furnish Uniforms at the following fixed unit prices: Section 1 - Firefighter's Nomex®Uniforms Description Est.Qty Unit Price Men's S/S Shirts 200 $74.95/ea Men's L/S Shirts 85 $89.95/ea Women's S/S Shirts 10 $74.95/ea Women's L/S Shirts 10 $89.95/ea Men's Trousers 200 $79.95/ea Women's Trousers 10 $79.95/ea Annual Contract for Fire Department Uniforms March 8, 2011 Page 2 Section 2 - Fire Officer Uniforms Description Est. Qty Unit Price Elbeco Men's Trouser 40 $37.00/ea Blauer Men's Trouser 40 $36.00/ea Elbeco Men's L/S Shirt 40 $28.00/ea Blauer Men's L/S Shirt 40 $35.50/ea Elbeco Men's S/S Shirt 40 $24.00/ea Blauer Men's S/S Shirt 40 $30.00/ea Elbeco Women's S/S Shirt 12 $28.00/ea Blauer Women's S/S Shirt 12 $24.00/ea The contract provides for Tyler Uniform, Inc., to furnish Uniforms at the following fixed unit prices: Section 3 - Other Uniforms Description Est. Qty Unit Price Men's S/S Polo Shirt 40 $18.00/ea Women's S/S Polo Shirt 12 $18.00/ea Men's T-Shirt 40 $6.50/ea BUDGETARYIMPACT Funds are available in the Fire Department's operating budget. RESOLUTION NO. WHEREAS, bids were solicited for an annual contract to furnish Nomex uniforms and Fire Officer uniforms for the Fire Department; and, WHEREAS, Lone Star Uniform, Inc., of Houston, Texas, submitted a bid in the estimated amount of$49,318.25 in the unit amounts shown below: Section 1 - Firefighter's Nomex® Uniforms Description Est. Qty Unit Price Men's S/S Shirts 200 $74.95/ea Men's US Shirts 85 $89.95/ea Women's S/S Shirts 10 $74.95/ea Women's US Shirts 10 $89.95/ea Men's Trousers 200 $79.95/ea Women's Trousers 10 $79.95/ea Section 2 - Fire Officer Uniforms Description Est. Qty Unit Price Elbeco Men's Trouser 40 $37.00/ea Blauer Men's Trouser 40 $36.00/ea Elbeco Men's US Shirt 40 $28.00/ea Blauer Men's US Shirt 40 $35.50/ea Elbeco Men's S/S Shirt 40 $24.00/ea Blauer Men's S/S Shirt 40 $30.00/ea Elbeco Women's S/S Shirt 12 $28.00/ea Blauer Women's S/S Shirt 12 $24.00/ea and, WHEREAS, Tyler Uniform, Inc., of Tyler, Texas, submitted a bid in the estimated amount of$2,236.00 in the unit amounts shown below: Section 3 - Other Uniforms Description Est. Qty Unit Price Men's S/S Polo Shirt 40 $18.00/ea Women's S/S Polo Shirt 12 $18.00/ea Men's T-Shirt 40 $6.50/ea and, WHEREAS, City Council is of the opinion that the bid submitted by Lone Star Uniform, Inc., of Houston, Texas, for Firefighter's Normex uniforms and Fire Officer uniforms and the bid submitted by Tyler Uniform, Inc., of Tyler, Texas, for other uniforms 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 bid submitted by Lone Star Uniform, Inc., of Houston, Texas, for an annual contract to furnish Nomex uniforms and Fire Officer uniforms for the Fire Department for an estimated cost of $49,318.25 in the unit amounts shown above be accepted by the City of Beaumont; and, BE IT ALSO RESOLVED THAT the bid submitted by Tyler Uniform, Inc., of Tyler, Texas, for an annual contract to furnish other uniforms for the Fire Department for an estimated cost of$2,236.00 in the unit amounts shown above be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - RICK WIT5 OPPORTUNITT BEAUMON* REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 8,2011 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item 5-17/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a specific use permit to allow a trailer fabrication and repair business in a GC-MD (General Commercial-Multiple Family Dwelling)District at 5408 Washington Boulevard 2. Consider a request for a specific use permit to allow a retail strip center with the following but not limited to uses, a hamburger restaurant, insurance agency,retail T-shirt store,jewelry store, and candle store in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2)District at 622 W. Lucas 3. Consider a request for an amended specific use permit to allow a modification to the landscaping/screening requirements by deleting the 8'tall screening fence and 10'wide landscape strip along the east and south sides of the property as part of a specific use permit to allow dental and optometry offices in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 6705, 6725 and 6755 Delaware 4. Consider a request for amendments to the Zoning Ordinance, Section 28.03.023, Permitted Use Table,to conform to the new codification numbering and to correct typographical errors 5. Consider the abandonment of a drainage easement at 4975 Sassafras Lane 6. Consider the abandonment of a utility easement between Avenue E and Avenue F 7. Consider authorizing the City Manager to execute a joint election agreement for a general election for the City of Beaumont,Beaumont Independent School District, and the Port of Beaumont, for the conducting of a General Election on Saturday, May 14,2011,with a runoff election to be held in June,2011, if necessary 8. Consider amending Ordinance 11-004 to eliminate one(1)polling location and three(3)precincts that would strictly be used for the Beaumont Independent School District voters 9. Consider approving a contract for the Cartwright/Corley Drainage Project 10. Consider approving a bid to restore the exterior masonry walls of the Jefferson Theatre and Municipal Court Building 11. Consider approving a contract for rental of election equipment, software,training and other related services for the May 14,2011 General Election 12. Consider approving the purchase of new phone systems for the Municipal Court and Police buildings 13. Consider authorizing the City Manager to execute a Reimbursement Agreement for the removal of existing wooden poles and replace them with metal poles within the limits of Phase III of the Calder Street Project 14. Consider approving Change Order No. 2 for the Calder Avenue Drainage and Pavement Improvement Project—Phase II for"extra work" 15. Consider authorizing the City Manager to amend a contract with the Texas Department of Housing and Community Affairs for the Weatherization Program 16. Consider approving a resolution of preliminary support of the proposed Azure Point, a proposed Low Income Housing Tax Credit project WORKSESSION * Review and discuss proposed amendments to the Noise Ordinance 17. Consider amending Chapter 12,Article 12.08 Noise of the Code of Ordinances COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Edgard Sequeira Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. I March 8,2011 Consider a request for a specific use permit to allow a trailer fabrication and repair business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5408 Washington Boulevard RICH WITH OPPORTUNITY IIEA,UMON* T - E - X • A - s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager CSC PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow a trailer fabrication and repair business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5408 Washington Boulevard. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a trailer fabrication and repair business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5408 Washington Boulevard. BACKGROUND Bryant Maraist has requested a specific use permit. Mr. Maraist will be leasing a 2,500 sq. ft. space to Royce Long,owner of Long's Trailer Repair. Mr. Long states that the property will be used for the construction and repair of trailers and parts sales. Welding of steel and aluminum will be done inside the building. All galvanizing of trailers and parts will be done by AZZ Galvanizing at another location. No use of chemicals that have any odor will be used on the property. The only dust will be from table and circular saws. All grinding of small steel items,cutting of plywood or any other type of noisy operation will be inside the building where plywood walls and insulation have been installed to prevent any disturbance to neighbors. Hours of operation are from 8 a.m.to 5 p.m.,Monday through Friday and sometimes on Saturday. The trailers will be parked inside a fenced area. Mr. Long states that his company does not work on anything such as chemical tanks or any large vessel type trailer other than repairing lights on such trailers. At a Joint Public Hearing held February 21, 2011,the Planning Commission voted 6:0 to approve a specific use permit to allow a trailer fabrication and repair business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5408 Washington Boulevard. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TRAILER FABRICATION AND REPAIR BUSINESS IN A GC-MD(GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT AT 5408 WASHINGTON BOULEVARD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Bryant Maraist has applied for a specific use permit to allow a trailer fabrication and repair business in a GC-MD(General Commercial-Multiple Family Dwelling) District at 5408 Washington Boulevard, being Lots 54B and 55, Block 6, Caldwood Acres Addition, City of Beaumont, Jefferson County,Texas, containing 0.61 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a specific use permit to allow a trailer fabrication and repair business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5408 Washington Boulevard; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens. NOW, THEREFORE, BE IT ORDAINED 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, Section 1. That a specific use permit to allow a trailer fabrication and repair business in a GC- MD (General Commercial-Multiple Family Dwelling) District at 5408 Washington Boulveard, being Lots 54B and 55, Block 6, Caldwood Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.61 acres, more or less, as shown on Exhibit "A" attached hereto; and, is hereby granted to Bryant Maraist, his legal representatives, successors and assigns, as shown on Exhibit"A,"attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto,the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - File 2076-P: Request for a specific use permit to allow a trailer fabrication and repair Lousiness in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 5480 Washington Applicant: Bryant Maraist - - 0 100 200 I I I Feet Legend ® 2076P R=S R-S M o GC-MD o v � 0 ;o C-M GC-MD _ M WASHINGTON BLVD U EXHIBIT "A" .__.__- 355.74 S8B_00'37'E-- 74 % ''i.; �rTAL:T�t�It6lpl�%oN'St Ae PROPOSED RENOVATION XI$JiJ�Cj ON EXIST. BLDG. 8 I 7:1.00' N 88'00'37'W - _. I 1 � ASPHALT DRIVE' I I (EXIST.) nl _ w. Id m s I � :;,�;':%` ���A2!e��J�j�it'���ik,l►�c;;4i�J.5tA�'•• I m m L'• EXIST. OONC. ----'-- ----- -�- --------------—--�—t7 w 280.74' N 88'00'37'W 2 March 8,2011 Consider a request for a specific use permit to allow a retail strip center with the following but not limited to uses, a hamburger restaurant, insurance agency, retail T-shirt store,jewelry store, and candle store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas RICH WITH OPPORTUNITY 11EA,[114U111T T - E - X - A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a request for a specific use permit to allow a retail strip center with the following but not limited to uses, a hamburger restaurant, insurance agency, retail T- shirt store,jewelry store, and candle store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a retail strip center with the following but not limited to uses, a hamburger restaurant, insurance agency, retail T- shirt store,jewelry store, and candle store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas. BACKGROUND Darlene Hanna has requested a specific use permit. Ms. Hanna states that she would like to construct a 4,600 sq. ft., retail strip center with space for five commercial establishments. The strip center will be anchored by the restaurant. The operating hours of the restaurant will be 10:30 a.m. - 8:00 p.m., Monday thru Saturday. The operating hours of the other commercial establishments will be 9 a.m. - 6 p.m., Monday thru Saturday. The property is currently occupied by a seasonally operated sno-cone stand. Christmas trees are also sold on the property during the Christmas season. In 2009, Ms. Hanna constructed a 2,300 sq. ft. dance studio at 4305 Calder. Since parking is at a premium at the dance studio/retail store location, Ms. Hanna was able to claim required parking on the subject property at 622 W. Lucas. The Zoning Ordinance allows required parking to be located within 400 feet of the subject property. At a minimum,the proposed shopping center will be required to have 36 parking spaces. An estimated 29 parking spaces can be accommodated on the site. This leaves Ms. Hanna with no overflow parking spaces for her dance studio/retail store. Ms. Hanna needs a minimum of fifteen spaces for her dance studio/retail store at 4305 Calder. She only provides seven spaces on that property. The remaining eight parking spaces were to be accommodated at 622 W. Lucas. At a Joint Public Hearing held February 21, 2011,the Planning Commission voted 5:0:1 to approve a specific use permit to allow a retail strip center with the following but not limited to uses, a hamburger restaurant, insurance agency, retail T-shirt store,jewelry store, and candle store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas subject to the following conditions: • The owner shall apply for and receive a special exception to the parking requirement for the property at 622 W. Lucas or reduce the size of the building to accommodate the available parking. • Reduce the driveways widths to a maximum of 35'. • Provide a six foot landscape strip along all parking lot frontages. • Construct the handicap parking spaces to meet ADA standards and specifications. • Delete a minimum of four parking spaces (as shown on site plan)to avoid traffic conflicts. NOTE: Transportation Engineering will have final approval on parking lot. Since the Planning Commission meeting,the applicant has addressed the conditions placed upon the specific use permit. The site plan reflects those changes. BUDGETARYIMPACT None. TO: Planning Commission and City Council, City of Beaumont, Texas FROM: Darlene Hanna RE: Proposed Retail Strip Center with Restaurant DATE: November 23, 2010 It is my intent to construct a five bay Retail Strip Center consisting of the following: Burger Restaurant (anchor), Insurance Agency, Retail Tee Shirt Store, Retail Jewelry Store and Retail Candle Store. The proposed hours of operation for the restaurant: 1030am-8pm, Monday thru Saturday and closed on Sunday. The restaurant will have limited seating, inside and out, with a drive thru pick-up window (phone in orders only). The retail stores proposed hours of operation: 9am —6pm, Monday thru Saturday and closed on Sunday. The zoning ordinance requires the following eight conditions be met. I look forward to working with Planning Commission and ask for help and guidance in this construction endeavor. A) The specific use will be compatible and not injurious and should significantly increase the land value and look of the current land. B) The establishment will continue the normal and orderly development improvement of surrounding vacant property. C) Plan to use/tie-in to all existing utilities and current four drainage areas and will provide any additional required. D) The parking and driveways will provide safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development. E) Adequate nuisance prevention measures will be taken to prevent and control offensive odor, fumes, dust, noise and vibration. F) Directional lighting will not disturb or adversely affect neighboring properties. G) Sufficient landscaping and screening will be provided to insure harmony and compatibility with adjacent property. H) The proposed use is in accordance with the Comprehensive Plan. We will work hand-in-hand with City Planning Commission to ensure all of the above conditions will be met and any other requirements that are not currently being met that indeed must be implemented. Thank you very much for your time and consideration. Sincerely; si Darlene Hanna 409-363-4571 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW FOR A RETAIL STRIP CENTER INCLUDING A HAMBURGER RESTAURANT, INSURANCE AGENCY, RETAIL T-SHIRT STORE,JEWELRY STOREAND CANDLE STORE IN A GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT AT 622 W. LUCAS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Darlene Hanna has applied for a specific use permit to allow for a retail strip center including a hamburger restaurant, insurance agency, retail T-shirt store,jewelry store and candle store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas, being Lots 9-13, Tract 1 and Lot 8, Tract 2, Block 1, Calder Highlands Addition, City of Beaumont, Jefferson County, Texas, containing 1.057 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request for a specific use permit to allow for a retail strip center including a hamburger restaurant, insurance agency, retail T-shirt store, jewelry store and candle store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens;. NOW, THEREFORE, BE IT ORDAINED 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, Section 1. That a specific use permit to allow for a retail strip center including a hamburger restaurant, insurance agency, retail T-shirt store, jewelry store and candle store in a GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas, being Lots 9-13, Tract 1 and Lot 8, Tract 2, Block 1, Calder Highlands Addition, City of Beaumont, Jefferson County, Texas, containing 1.057 acres, more or less, as shown on Exhibit 'A," attached hereto; and, is hereby granted to Darlene Hanna, her legal representatives, successors and assigns, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes,. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - e - : Request for a specific use permit to allow a retail strip center with the following but not limited to uses, a hamburger restaurant,insurance agency, retail T-shirt re,jewelry store, and candle store in a GC-MD-2 (General Commercial-Multiple Family 211ing-2) District. Location: 622 W.Lucas 0 100 200 ,Applicant: Darlene Hanna t_ � i i Feet Legend R S ® 2070P EAST DR R-S O R-S -J GCS � 90 G2 G�2 GC-MD GC-M-D C. , D r c 0 CALDER AVE GC-MD N to �_S R-S GC-MD C---M® EXHIBIT "A" �1` 1 m S,ypp�� y f r 17 lie IN ?P to 2 r�: 6;,_Z wssrL�,c.As Al - - \A/ L u G A - - --- -- - ------------- 3 March 8,2011 Consider a request for an amended specific use permit to allow a modification to the landscaping/screening requirements by deleting the 8'tall screening fence and 10' wide landscape strip along the east and south sides of the property as part of a specific use permit to allow dental and optometry offices in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 6705, 6725 and 6755 Delaware I RICH WITH OPPORTUNITY 11EA,11M0N* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C.* PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a request for an amended specific use permit to allow a modification to the landscaping/screening requirements by deleting the 8'tall screening fence and 10' wide landscape strip along the east and south sides of the property as part of a specific use permit to allow dental and optometry offices in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District at 6705, 6725 and 6755 Delaware. RECOMMENDATION The Administration recommends approval of the modification to the landscaping/screening requirements along the south or east property lines until such time as the property to the south or east is developed. BACKGROUND Daron Etie, Peter Cass and Scott Traylor, representing Beaumont Property Investments have requested an amended specific use permit. Dr. Cass states that the original intent was to develop the property as a whole. The specific use permit that was granted for this property was conditioned upon providing the fencing and the landscape strip. However, in 2008, the subject property was subdivided into a three lot subdivision. Dr Etie built his dentistry office approximately one year ago on Lot 1. Dr. Cass recently opened his optometry office on Lot 2. The remaining property, Lot 3, is listed for sale. The doctors are requesting that the fences and landscape strips be waived until such time that Lot 3 is developed and that the fence and landscape strip along the east side of Lots 1 and 2 be waived until such time that the adjacent property develops. At a Joint Public Hearing held February 21, 2011, the Planning Commission voted 6:0 to deny the modification to the landscaping/screening requirements along the east property lines of Lots 1 and 2 and approval of the modification to the landscaping/screening requirements along the east and south property lines of Lot 3 until it is developed. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO BEAUMONT PROPERTY INVESTMENTS TO ALLOW A MODIFICATION TO LANDSCAPING/SCREENING REQUIREMENTS AS PART OF A SPECIFIC USE PERMIT TO ALLOW DENTAL AND OPTOMETRY OFFICES IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT AT 6705, 6725 AND 6755 DELAWARE. WHEREAS, on August 28, 2007, City Council approved Ordinance 07-084 issuing a specific use permit to Daron Etie to allow a dental office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located on the east side of Delaware Extension, approximately 106' northeast of Wilcox Lane, subject to the following conditions: • Provide an 8' tall wood screening fence and 10' wide landscaping strip along the east and south property lines. WHEREAS, Daron Etie, Peter Cass and Scott Traylor, representing Beaumont Property Investments, wish to amend the specific use permit to allow for a modification to the landscaping/screening requirements by deleting the 8'tall screening fence and 10' wide landscape strip along the east and south sides of the property as part of a specific use permit to allow dental and optometry offices in a GC-MD-2 (General Commercial- Multiple Family-2) District at 6705, 6725 and 6755 Delaware; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the specific use permit to allow a modification to the landscaping/screening requirements by deleting the 8' tall screening fence and 10'wide landscape strip along the east and south sides of the property as part of a specific use permit to allow dental and optometry offices in a GC-MD-2 (General Commercial-Multiple Family-2) District at 6705, 6725 and 6755 Delaware; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY 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, Section 1. That Ordinance 07-084 be amended by amending the specific use permit granted to Daron Etie, his legal representatives,successors, and assigns for that certain tract shown on Exhibit "A" attached hereto and made a part hereof for all purposes, to allow a modification to the landscaping/screening requirements by deleting the 8' tall screening fence and 10' wide landscape strip along the east and south sides of the property until such time as the property to the east and south is developed as a condition of the specific use permit to allow dental and optometry offices in a GC-MD-2 (General Commercial- Multiple Family-2) District at 6705, 6725 and 6755 Delaware. Section 2. Notwithstanding the site plan attached hereto as Exhibit "B", the use of the property herein above described shall be in all other respects, subject to all of the applicable regulations contained in Ordinance 07-084 and the regulations contained in Chapter 30 of the Code of Ordinances of the City of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - FRequest for an amended specific use permit to allow a modification to the g/screening requirements by deleting the 8' tall screening fence and 10' wide trip along the east and south sides of the property as part of a specific use llow dental and optometry offices in a GC MD-2 (General Commercial-Multiple elling-2) District. 705 and 6725 Delaware Applicant: Beaumont Property Investments 0 100 200 300 400 I Feet R-S ,��� A-R Legend ���►� ® 2075P R=S �.P'N�PNP R-S A-R Q y RAM-H Q V - - - 0 G' GC-MD WILCOX LN -- - R-S CA C R-S N R-S - �`y v EXHIBIT "A" * Approval of the modification to the landscaping/screening requirements along the south or east DRAWN BY: AN CHECKED BY: SGM property lines until such time as the property to the south or east is developed. REVISIONS a TY.F q•nl yWII,IV BEAUMONT WEST • . SECTION FIVE I '� �j � I.ai 14 I � `' PROPOSED OFFICE FOR I� 4 `\ �•\ BEAUMONT i• ••"� EYE CARE CENTER ."+.L' i� � cr .as \y, i1.`�•E:j ;.�•"�� :.j..'..r � W BEAUMONT.TEXAS LOT 1 q V.1J. •�l` CO BLOCK? I t - ,1� \\�..! •'E_ i.: O ^ •:k••.:a X F�F' �{i "" I ,I .�• �° �• ,•••�•` -.���.:.'1.�.'.. X (\L7vTSj�LLjl'I'S t 6B E e� •• )Y, ia.. W DESIGN CONSULTING I ;ql . r �' `f` v `\\ ``• :.f SERVICES 990 I ' / M� ..\ y";, Jl• �, • rr�p \\ ..:� l-..'-•' 2612 EVERGREEN OR ;y,. r.;<:�..,, PEARIAND,TEXAS 77581 1 I i M � Y S., __• 261.660.8509 BEALRADWINEST I ... ,ftyyyy R+ I / -\`• �. .. t of SECTKKi THEE I - gf.•{ �iI \ ::•i:^..4' t ----- - _-- - -- - -- ----- ------------- _. .s SITE PLAN A ---- --- - -'(7 I�?�_ � �--�•- DATE. DEC 10.zoo ---v`—r�- .J�.... •.•. ::. ^v.i.. .. -� L•�mevti �...�w.. SCALE: I�B'_-I••0• SHEET OF 4 March 8,2011 Consider a request for amendments to the Zoning Ordinance, Section 28.03.023, Permitted Use Table, to conform to the new codification numbering and to correct typographical errors RICH WITH OPPORTUNITY [IEA,UMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager CS7 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider a request for amendments to the Zoning Ordinance, Section 28.03.023, Permitted Use Table, to conform to the new codification numbering and to correct typographical errors. RECOMMENDATION The Administration recommends approval of a request for amendments to the Zoning Ordinance, Section 28.03.023, Permitted Use Table, to conform to the new codification numbering and to correct typographical errors. BACKGROUND The Planning Manager has requested amendments to the Zoning Ordinance. The Planning Manager is asking the Planning Commission and City Council to consider amendments to the Zoning Ordinance, Sec. 28.03.023,Permitted Use Table to conform to the new codification numbering and to correct typographical errors that have occurred over time. In 2006, City Council approved amendments to the Permitted Use Table to temporarily require that all uses in the CBD(Central Business District)require a specific use permit. In 2009, City Council approved amendments to the Permitted Use Table to allow some uses by right and others with a specific use permit. During these amendment processes, it appears that several versions of the Permitted Use Table were in use. After a thorough review, staff has compiled a Permitted Use Table that incorporates all the changes that have been approved by City Council. In addition, approval of these amendments would make the Permitted Use Table conform to the new codification numbering of the City Code of Ordinances. At a Joint Public Hearing held February 21, 2011, the Planning Commission voted 6:0 to approve amendments to the Zoning Ordinance, Section 28.03.023, Permitted Use Table, to conform to the new codification numbering and to correct typographical errors. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTION 28.03.023, PERMITTED USE TABLE, TO CONFORM TO THE NEW CODIFICATION NUMBERING AND TO CORRECT TYPOGRAPHICAL ERRORS CONTAINED IN THE CURRENT CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Section 28.03.023, Permitted Use Table, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as described in Exhibit "A," attached hereto and made a part hereof for all purposes. Section 2. That, in all other respects, the use of the properties described in Exhibit"A"shall be subject to all of the applicable regulations contained in Chapter 38 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - SEC 28.03.023 PERMITTED USE TABLE Rev erlu ZONING DISTRICT I Parking Special PERM-. ITTED-PRIM-A A R _RY USES Group Con d. r - - — — -- . -- -- - - - - - -- - sic A-R R-S RM-M RM-H RCR RCR-H NC NSC GC-RID GC-MD-2 CBD C-M LI HI w GROUP - P P P oouuaa art �rtdr + ps 40 (except as noted) P S pp P S S P PPS 018 Horticultural Specialties 8 {I I (including retail sales) P --- - -- --- ---- P o �ctu xuan tt~sYnc►c - 15 P P PPS a7c�tc tuir 4si s _7 - - - - - (except as noted) P S P P P S S P P P S 074 veterinary Services P SS S S S P P P S 0752 Kennels 14 17 SID P S S P P P S 076 Farm Labor and Management Services 14 (except as noted) P S I sip P S S P P P S 078 Landscape/Horticultural Services 14 (except as noted) P PPS 0782 Lawn and Garden Services 1 4 P S S S --S S S P PPS 0783 Tree Services 7 1 t � _ I I - a �os �oaer 6 P fits �ISNtNc Ht1N7}f�Ct AtJt IRAPk'1NG i 7 1 S P P P P P P P P P P S P PPP 7 S - l - -._ P as al+Nii�rG ARt7 Rx?AFtilarfNO QF NOW-": 7 l 1 i - — - - -- � - # -7 � -23 S -- S - S P PPS f stnr►+va cr�ls�rl�itwtr+ ....: ; - I GgN7RAtr#t)13 -f--4 - - - - - - - - - -- - J - -- --• S - S - S_ P P P S si;H>=nwr >�+ rRtt�vlc v + +ewA�t - - ---- � + au,�.�irr�coHsr�>✓zcrt>rara.� .�. . _ ..._ ::� _ } ! IS - S -— S P- -PPS ei►sirutl+ rp><crxt rt� 7 23 -- I - -- ;> { t-- I —L - - - I I I. I ! CQfiYTftACTORS- EXHIBIT "A" SEC 28.03.023 PERMITTED USE TABLE REV 8/10 ZONING DIs'PRICT - Parking Special TT PERMITTED PRIMARV USES Group Cond. I -1— --- �- - - - - ----- -- - -- - - -- --- -- - - _ -- -- -- sic A-R R-S RM-M RM-11 RCR RCR-H NC NSC GC-NID GC-MD-2 CBD C-M LI HI PUD GROUP ..–---- ---- - ----- - ---- — - .., S S P a c twWomm 046 rs _ 7 18 (except as noted) I i S P P 2013 Sausage and Other Prepared Meat Products 7 18 S P P 202 Dairy Products ? j 18 -- ---- - S P P 203 Canned and Preserved Fruits and Vegetables 7 18 P P - 2045 Prepared Flour Mixes and Doughs - - _ - -. - + � 7 18 } S S P P P P 205 Bakery Products 7 18 _ S_ S P_ P P P _ 12064-67 Candy and Other Confectionary Prod_ I 7 18 S P P 2085 Distilled and Blended Liquers - --- S S S P P P 2086 Bottled and Canned Soft Drinks and I 7 18 Carbonated Waters S P P 2087 Flavoring Extracts and Syrups Not I 7 18 Elsewhere Classified i P P 209 Misc.Food Prep and Kindred Products 7 18 - . P - - _ 7 18 S P xt rcca t�I�ou cs S P P zz ��tn� tn.. acat�tzc 7 .18 S P P P z�RtarzI � [ tivisx+ t}Piziw 7 i 18 - -- l- - I - - -- - -- - - - ` --- I I S P — 7 18 { _ I �XCEI?T KURNC'[i7R£hex as ttbt�dj .. S P P 243 Millwork,Veneer Plywood and 7 18 Structural Wood Members S P P 244 Wood Containers 7 18 S P P 2499 Wood Products,Not Elsewhere Classified 7 i 18 S P P � N�u+��aNiIxrurs 7 18 S P zs � etx alv�Aktt tfit aRriU �S;' -7--- 18-- -- -- -- - � (except as noted) - S P P 265 Paperboard Containers and Boxes -7 18 t S P P _ 267 Converted Paper and paperboard 7 18 i (- Products,except containers and boxes r — SEC 28.03.023 PERMITTED USE TABLE ZONING DISTRICT I Parking Special PERMITTED PRIMARY USES I Group sic Cund. -- -- — -- — - -- - - t --- A-R R-S RM-M RM- RCR RCR-H NC NSC GC-I%ID GC-MD-2 CBD C-M 1.1 HI PUD GROUP 1 - S S S P PP Pi�►1+[rlrza�>�uet sHtro nr a+.u>~p 7_ S P asHMiCAi S AiV13tL L1 :PF20flt1G C;___-_ _ 7 - (except as noted) S P i S 2892 Dru9os - _ 7 ives I -- - - -� _ - -- -- - - - - - - - - - -- --j - S Ps pl~rar rl rr>tsr a.x �nrn 7 S S P 295 Temporary Batching Plants 7 10 -� S�P s uaaaY» nrt Scr c'I�►t P V$11 -7 18 - - S P P 3t k4b7ktlti A#ta CbTHl+f2:pftC3fWCt5 7 1 18 -, (except as noted) ; I SC —_I`� P 311 Leather Tanning and Finishing j 7 I 18 � I S P P 7 - 18 S P P 324 Cement Hydraulic ; 7 j 18 S PIP 327 Concrete 7 18 Gypsum and Plastic Products f (except as noted) S S 7 18 P — I3273Temporary Batching Plant -- — ---f -- - - -- �- - - --_ - i S P 329 Abrasive Asbestos,and Miscellaneous 7 18 i Non-Metallic Mineral Products — --- { J P 33 PFT[DR1 iVlEfa?Ek 1N[1U&TRY)8 7 I - --- S �P P sn FasI �7�o a rA� s�rronucrs, 7 18 I - — --- -- _ Ir El4�ER:T 011AGHII��RV 8 T12I�NSpOR7R714N :: 1 i s P 3441 Fabricated Structural Steel _ � E~"�t71F'Nf�l�7 eXCe as r<utedl I { S P 3443 Fabricated Plate Work(Boiler Shops) i 7 18 - - - -- --- S P� 346 Metal Forgings and Stampings 7 18 SEC 28.03.023 PERMITTED USE TABLE REV 8110 ZONING DISTRICT Parking i Special PERMITTED PRIMARY USES Group Cond. SIC RM-M RNI-11 RCR RCR-H NC NSC GC-MD GC-MD-2 COD C-M LI III PUD GROUP S P 348 Ordinance and Accessories except 7- i-18 ---- --------- Vehicles and Guided Missiles S P 349 Miscellaneous Fabricated Metal Prod. -7 18 S P 351 Engines and Turbines 71 18 S P 3523 Farm Machinery and Equipment 7 18 S P P 3524 Garden Tractors and Lawn and Garden 7 18 Equipment 353 Construction,Mining and Materials Handling Machinery_and Equipment -- ---— ---- S P P 354 Metalworking Machinery and Equipment 1 7 18 J P P 355 Special Industrial Machinery except Metal- 7 1- 18 working Machines S P 11356 �_—} - .L.. 18 Gen.Industrial Machinery and Equipment S S P P 357 Computer and Office Equipment 7 18 I T- S P P 358 Refrigeration&Service Industry Machine 1 8 wy T S P P 1359 Miscellaneous Industrial and Commercial 7 i- 18 Machinery and Equipment S S S P P 1 0 4 S--P .......... S P -PPS 3732 Boat Building and Repair 7- S S S P P P 7 ............. ... .......... ............ .......... ------------- 7.-7 S S S S P P L SEC 28.03.023 PERMITTED USE TABLE REV silo ZONING DISTRICT I - Parking { SpeciAl T I PERMITTED PRIMARY USES Group Cond. sic j A-R R-S RM-M RM-H RCR RCR H NC NSC CC MD GC MD 2 CDD C-M IJ HI PUD GROUP S S S P P P S aoItro �rawstts�c>r+ - -- 7 S S S P P j- WT P S 41 LOCAL SUBURBAN TRANSIT AND 7 ... AT Qlat{ eRt as notied}k { , P S S �P PPS 14119 Local Passenger Transportation,Not � 7 1 � Elsewhere Classified I � S S S P P P S 20 20 arlrx.vaa�t�Hc7t��IrtG ; S S P P P P S 4225 General Warehousing and Storage I_ --�-- � P P P S P S P 7 j I .• :; { I - S ;S P P S {as w�fi aac�tTt>tzrt . .. j_ _7_ 1 I `I �- - �S _l P- P_ P S a5 tr��ts�trt�tA`rtc�u�>t�t� � 7 I � � I fex�>'lt�s nnied f t a S i � S �S S_ S_ S S S I Heliport and helistops 41 16 i - - -� - ---------- - P S P- P SS �P P P P S P PSs �r� ��rvsxc>~r�r rrl� uta1 �r�s { FT — --- S - S S P I P 1 P�S ar rrrsofrr�tr src�s 7 --- f + l i l �- I S S _ c G7 c P 'S �P PP1 (except as notes)J 1 1 - S 14724 TRVEL AGENCIES 1 4 I S �S P P S S P P P S kkas ctnnrt�nlr>rarus 7 - _ _._. - — -- _ S -_ 7 S S P PPS �� �r.�crrzr�,�as,u�o s�rtrraR�r. i _ . - - - - SERVICE(except as noted) P P P P P P P P P P P P P P P 4971 Irrigation Systems 7 - - (except as noted) - _ $ - --- S IS S P_ PPS so uvtrQr;rsar.e i�tn�a�nuRaei_�rsooas i l --� - - -- --- - j. _ - - -c c - I i c c P S 5015 Motor Vehicle Parts,Used - _8 � c P P P L+ S J S P 15074 Plumbing and Heating Equipment and Spls. p C o t S S I P S 5093 Scra and Waste Materials 8 SEC 28.03.023 PERMITTED USE TABLE REV 8r10 ZONING DISTRICT Parking i Special PERMITTED PRIMARY USES Group Cond. sic .4-R R-S RM-M RM-H RCR RCR-H NC NSC GC BID GC-MD-2___CBD C-M I.1 HI PUD GROUP 1 1 S S S P PPS 8 } (except as noted) L l � S S P P P P S- 514 Groceries and Related Products -- - - - -- - I --- - S S P S _ 515 Farm Product-Raw Materials S S P S 5169 Chemicals and Allied Products Not 8 P 518 Beer Wine and Distilled Alcoholic Beverages Elsewhere Classified S_ - iSP P _P -�S_ -- - _ 9 — - - , - � - - ..._. . 8 -- �- P P P S S P PPSsr� o � 13 I i S S S S P P PS 527 Mobile Home Dealers 8 P P S S P PP 13 13 _- --- i I � S I i P P P S P P PPSs4t�0asraR 12_ 13 - — ' 55 AtITQ.CJFALk�iS 14C,ID r31�QI.it$�. 13 - I P P S S P -P P S 1551 Motor Vehicle Dealers(New&Used) 24 S P S S P P P S 552 Motor Vehicle Dealers(Used Only) 23 } - -- - - - -- --- -- - - - - - - -- - — 3 --- Supply _ S P P P S S P P 553 Auto&Home Su ply Stores i S S P P S S P PPS 554 Gasoline Service Stations 38 P P S S P PPS 555 Boat Dealers 24 I f P i J �S P P P S 557 Motorcycole Dea let Trailer.Dealers �4 ----- ---�-- - -- - -- --- - - ----------- S }P S S P P P S 1559 Auto Dealers,Not Elsewhere Classified 23 S P P P S P P �P P S 13 13 S - P P P S P P PPS S�HOM£FURN1&F1ttPC�$ �uaNlxWtE 14 13 - -- - - - ' I -I SEC 28.03.023 PERMITTED USE TABLE REV 8/10 ZONING DISTRICT - _ --__ _ _ Parking Special �— PERMITTED PRIMARY USES Croup Cond. sic - - A-R R-S RM-M RM D H RCR RCII-11 NC NSC GC M GC MD-2 CID C-M I 1 HI PUD CROUP { -- $>*axtM¢ys Qi2fPtf4lNfi + aGs tas noted} I - 2 S S SP P S P P P P S 5812 Eating Places(Inc Carry Out Caterers) 1 269) 11 S S S S P P PS 5813 Drinking Places 26 S S S 2082 Brewpubs 26 i S S S {2084 Wineries 26 Is MtscLtIvus rzr�u�lay noteC) -13 S P I P P i s P P P P S 591 Drug Stores and Propriety Stores 13 C SIP P S S P P PS 592 Liquor stores 1- t is P P P S P P P P S 593 Used Merchandise Stores 14 21 �S P I P P S P _ P P P S 5941 Sporting Goods and Bicycle Shops 13 _.� I S PIP �P -S - P- P P P S s9az Book Stores(General) -- f 13 �- -- P P 15942 Book Stores(Adult) 13 2 -- --- - { ! (including gifts and novelties) r -- � -- �S pip _ �P 5 - �P �P P�P S �5sa3 stationery stores 13 -- — 1 - -�- (_ I - - 5944 Jewelry Stores 13 S I P P P P P S ssa5 P P S --- - lS I P�P IP S P P PPS iHobby,Toy and Game Shops � 13 ICJ P I P P S P P P P S 15946 Camera and Photography Supply Stores 1 -- -_ - - - - -- -- --- - - 3 , I S PIP P S P 1 P- P P S 15947 Gift,Novelty and Souvenir Stores ! 13 ---.. -- -- - - --- -- --- - -- - 1- S P P P S P P P P S 5948 Luggage and Leather Goods Stores 13 S P P P S P P P P S 5949 Sewing Needlework and Piece Goods Stores I 1 3 { J S P P P S P P PP S 596 Nonstore Retailers 7 S PP P S S P P PS 598 Fuel Dealers 15 - i S P I P f S I S P t P P S 599 Retail Stores,Not Elsewhere Classified 13 t 1 f S P P P I S- - P P j P+P S I`� a Pasirai? +r�STt uticarrs 14 1 � - { 1 S! ss N©r�o�tyas)3av�rrsx}rurwfvs 14 S - f I PIP �P IS - P P P-LP - , _ ------- __ ! I P P I S P P PPS sz s �tz�► ttio 1GOnttica�!(Y�raxlscs 14 -- -� r- - - -- - -- - --- - - -t S tS ss rrsuNC catx�zfRS; 14 � �S I S P P P S P P P P -- 1 - ts is S PP P S iP P P P S a fN9C1+ANC$11fG�N�$ .3 KERS AND 14 SEC 28.03.023 PERMITTED USE TABLE REV 8/10 ZONING DISTRICT _ Parking Special — 11 PERMITTED PRIMARY USES Group Cond. f sic ; -- --,- GC MD-2 CBD C-M L1 HI PUD GROUP - - - 1 A R R-S RM-M RM HI I2CR RC h(. NSC GC 111DII S S S P P P S P P PPS s5ax ,r Ex�rrs rroTt 14 l S S S S S S S S S S S S S SS 6553 Cemetery Subdivision and Developers I 41 (subject to state statutes) _ S S S P P P S P P P P S 14 &fk'f'H> R k{3p6`IMFo AkA��S(as noted} S P S S P P P S 701 Hotels,Motels and Tourist Camps 1 S S S S S S S S 701 Bed and Breakfast Facilities 42 L 22 } S S S S S S S 702 Rooming and Boarding Houses 1 S S S S S S S S S S S 703 Camps and Recreational Vehicle Parks I 5 S S S P S S S 704 Organization Hotels and Lodging Houses on Membership i I rship Basis --- - I - _� �x r��sc�r�A►.s��ulatrs��troce�). -�_�- .j S P P P S S P P P S 7211 Power Laundries,Family and Commercial 7 I -- - - 1 - j S P P �P S P P P P S 17212 Garment Pressing and Agents for h Laundries and Dry Cleaning } S i P P P S P P P P S 7213 Linen Supply - 7 S SP P P S S P P Ps 7215 Coin Operated Laundries and 39 S CP P {P �S �S -I — ---I Dry-Cleaning ' i r f P S 7216 Dry Cleaning Plants 7 -- -- S- ---- - -- --- -I �- -- - ---- --- -- - - - P P P SS+ P P P S 7217 Carpet and upholstery Cleaning 7 S P P P S S P P P S 7218 Industrial Launderers { 7 G S P P P S S P P P S 7219 Laundry and Garment Services, 7 I Not Elsewhere Classified A Photographic Studios,Portrait 14 S S P P P S P P P P S 723 Beauty Shops S S P P P S P P P P P 724 Barber shops --- - f S P P P S P P P P S 725 Shoe Repair Shops,Shoe Shine Parlors 13 and Hat Cleaning Shops -I - j - S S S f S S S P P- P S 1726 Funeral Services and Crematories - -- 25 -� - S I S P P I P �S S P PPS 729 Misc.Personal Services(except as noted) 4 14 ' 4 , P P P -Massage Parlors 13 2 P P P Adult Modeling or Photo Studio -- --. -- - - -- - -- - ---- - - --— - SEC 28.03.023 PERMITTED USE TABLE REV 5/10 ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. sic A-R R-S RM-M RM-11 NCR RCR-H NC NSC GC-MD GC-MD-2 rC-M LI Hi POD GROUP 73 �tiS1N�SS�Eft�IC�S as'notesl�-,.. _ _ y. S S S PP P S P P PPS 7311 Advertising Agencies 14 - -- -- - - -- - -- ...... - ---- - -- --- - - - - S S S S S P P PS 7312 Outdoor Advertising Services 14 S Is S I P P i P S P P P_ PS 7313 Radio Television and Publishers' -- - -.. - - } Advertising-Representatives _ J,I i S S P P P S P P P P S 7319 Advertising,Not Elsewhere Classified 14 S S S P P P S P P P PS 732 Consumer Credit Reporting Agencies, 14 Mercantile Reporting Agencies and Ad ustment and Collection Agencies S S S P P P S P - P P P S 733 Mailing,Reproduction,Commercial Ar t& 14 -- - --- - - Photography,and Stenographic Services S S S P P S S P P P S 734 Services to Dwellings and Other Buildings i 7 � I S S S P P P S 735 Miscellaneous Equipment Rental and 7 I I. 13 - Leasing(as noted) S S P P P S P P P P S 17352 Medical Equipment Rental and Leasing 7 13 S S S P P P S 7353 Heavy Const.Equipment Rental and 7 13 - 1 Leasing I 1 S S S P P P S 1t7_359 Equipment Rental and Leasing,Not 7 13 j I I --�- Elsewhere Classified - 736 Personnel Supply Services(as noted) S S S S P P S P P P P S 7361 Employment Agencies 4 14 S S P P S S_ P P P S 7363 Help Supply Services Other Computer Related Services - 14 S S S P P S P P P P 737 Computer and Data Processing Services and 4 1 �— - S -� S SP [P - S_____ S_ P PP P�S _ 36 MisceuaneousBusinessservices G 1- 3 {! i (except as noted) S S S S P t P S S P P P S 17389 Business Services,Not Elsewhere 714 - -- - -- - - - - -- Classified(of a general office character) i I i II . - --- +- - f - --- -- i, 'l'B Rt�f31q{bT'ttt�(21;F'RtR,S�Ftbt>w1:8 kt+Ip , I f'1�3KCC�tCf has n4�adj g 24 S S S P S S P P P S 752 Automobile Parkin S SS P S S P P P S 751 Automobile Rental and Leasin g 0 26 jS S S P S S P P P S 17532 Top and Interior Repair Shops 19 9 r is S S P P P S 17532 Paint and Body Repair Shops 19 9 S P P S P PPS 17533 Automotive Exhaust System Repair Shops 1 9 9 S S S P P P S 17534 Tire Retreading Shops j 19 SEC 28.03.023 PERMITTED USE TABLE REV 8/-10 ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. - — - - - - - SIC A-R R-S RM-.M RM RCR RCR-H N( NSC IG( D1D GC-MD-2 CBD C-M LI HI PUD GROUP --- - -- - - I - S _ S 75 P P S S P PPS 7534 Tire Repair Shops 19 _ S P P S S P P P S 7536 Automotive Glass Replacement Shops 19 1 9 S P P S P P P S 7537 Automotive Transmission Repair Shops ! 19 it 9 S S P P S S P P P S 7538 General Automotive Repair Shops 19 9 S S P P S S P PPS 7539 Automotive Repair Shop,Not I II Elsewhere Classified �S S P P S S P P P S 754 Automotive Services,Except Repair 9 15 ---------- S P P P S P P P P S 762 Electrical Repair Shops S S P P P S P P PIP S 763 Watch Clock,and Jewelry Repair 13 S S S P P S S P P P S 1764 Reupholstery and Furniture Repair i 14 i S S S PP P S 17692 Welding Repair 7 I. S S S P P P S 117694 Armature Rewinding Shop 7 S P P S S P P PS 7 17699 Repair Shops and Related Services Not Elsewhere Classified I t -i-- --- - - __ - -- - -- 2 Xm M(YF'K7t•1 P1GT#�Ft>rl;(��nOt�d) � S S P P S P j781 P FPS 781 Motion Picture Prod.and Allied Services ' - -- - - -_ -- --- -- -- — -- - -- S S P P S P P PPS 782 Motion Picture Dist and Allied Services 7 � S S P P S S P PP S t7832 otion Picture Theaters,(exc.Drive-In) 25 P P P dult Motion Picture Theater's 25 2 P S S P P P S rive-in Motion Picture Theater's 6 - -- I S �P P P S P P P P S_1 7841 video Tape Rental 14 —_- 2 � I- 79�trtAltS +f[ttfi RHp R � .S$R�ACy 2 IS S S P P S P P PP S 791 Dance Studios Schools and Halls 14 S S P P S P P P P S 792 Theatrical Producers,Bands,Orchestras 14 — - - --- -- --- - —- - ---- ------ - -- - - --- - _. --- -- and Entertainers 32 S f S P P S P P PPS 1793 Bowling Centers I { IS S P P P P S 1794 Commercial Sports 25 S P P I P S P P P P S 7991 Ph ysical Fitness Facilities 14 i P P P P P P_ P_ P P _ S P P P P 7992 Public Golf Courses 33 S S P P S P P PPS 7993.Coin Operated Amusement Devices 12 �_ SEC 28.03.023 PERMITTED USE TABLE REV 8/10 ZONING DISTRICT Parking Spccial T PERMITTED PRIMARY USES Group Conti. sic -- -- - --- A-R R-S RM-M RM H I2CR RCR-H NC NSC GC-NID GC-MD-2 CBD C-M LI HI PLID GROUP 1 IS P P S S P P P S 7996 Amusement Parks 41 S S S s 's P P P - S P -P P P P 7997 Membership sports and Rec.Clubs I 13 I- S S S S S S P P S S P PPP 7999 Amusement and Recreation Services, - Not Elsewhere Classified I I ' I -- -- &D liEA1.TFI SRB( s nc3ted)_ _. S S S P P P IS P P P PS 801 Offices and Clinics of Drs.of Medicine 14 j S s S P P P s P P P PS 802 Offices and Clinics of Dentists 114 I ' t S S S P P P s P P P P S 803 Offices and Clinics of Drs.of Osteopathy, 14 S Is s P P P s P P P PS 804 Offices and Clinics of Other Health 14 -_ II i Practitioners Inc Massage Therapist 4 S S P P P s P P P P S 805 Nursing and Personal Care Facilities 1 28 Is S'P P S P P P P S 806 Hospitals 28 S S { I P P P �s P P P P S 807 Medical and Dental Laboratories 7 1 P P i s P P P P S '808 Home Health Care Facilities 14 I S S S S S s P P P S P P P P S 809 Miscellaneous Health and Allied Services 18 S S - -� - -a- - _ , - k - - - -- -- --- --- - f----- ---- ----_ - _-- - -- - - --- , i Not Elsewhere Classified S is fl S P P P S P P P P S 14 i 82 1=RW�ATIOWtk:��RVIC�S ras bated), S S S S S S S S S S P I S S S S 1821 Elementary Schools 30 — - s s . - - i f - --1- -- _ -, _. I - - 30/31 S �S S �S is I S !s S S S P I S I S s l s 821 Secondary Schools { is P �P S P P P P_ S 1822 Colleges,Universities, Professional 30/31 Schools and Junior Colleges f i P S S P P P P P P S P P P P P 823 Libraries - 8 - - S P P P S P P P P P 824 Vocational Schools 1 30/31 S PIP P S P P P P S '829 Schools and Educational Services j - f - - t- 1 Not Elsewhere Classified i I j S �S S P P P S S P P P S sa Sf7CtA� 5Ef2V[CeS(e�rcept3snotedl 41 i SS s S S f S P P P iS S -P P P S ss c+ad aayca s�RVtces i 41 f — - - - I- P P S f S is i S 8361 Residential Care(except as noted) 41 19 i } c S ES _ - -I- and Offenders 9 - 41 1 9 I I 1 Cj f Halfwa Homes for Delin uents 1 SEC 28.03.023 PERMITTED- TABLE REV S/IO 3333- _ __ 333 3-3333--TABLE----- 3333--3333-- — -- - --- - - - -- ZONING DISTRICT Parking Special -- - - - PERMITTED PRIMARY US11's Crou P Cons. -- -- - - - - sic ! i A-R R-S RM-M RM-H IC 11 RCR-H NC NSC GGa7U G(-MU-2 CBD GM LI HI PUU GROUP 1- — 7--- - ,- - S S 1 S P P P S P P----P--p S 18 t UiI►+HCCAi zoo,, �iCAi E�{tRpi~NS _.- �61�3>rN[8.R5#I+P S S S P �P �S P P P P S 861 Business Association 14 S S S P P S P P P P S 862 Professional Membership Organizations- 14 -- --- -- 3333 - --- 3333 -- - ---- 3333 -- --_ S S P P S P P P P S 863 Labor Unions and Similar Labor Organ 14 7777 -_ -_ - � - - - S S P P S P P PIP S 864 Civic,Social and Fraternal Associations 14 S S S l P P S P P P P I S 865 Political Organizations 14 - __ - S S 'S S S S S P P S P P �S S S 866 Religious Organizations 18 P _ _O c S S P r P P SS S 1869 Membership Organizations,Not 14 -- - -3333 - - - -- _ ----- ---- Elsewhere Classified -- - -- - -- - - t - - - - - S- S- S P P P S P P P P S sxuc € Ix ,ac��u�ttlx� 14 - --- � Ft1;$ 1R��#xCt3N[N(�f#CIAI:ANp Dtor+ ,,f I � ;~7AAMR►3t,"IAir} K�i0.t�lA��iN�Af�`Aht1? , 1 S S S is P S P P P P S Is73 Research,Development and Testing 7 Services (except as noted) cc I s S P �P P P S I8734 Testing Laboratories _ 87 3 4-- - ra - - _ -14 - - - � - - - - S }S 4 S }P P P S S P PPS ss stv� sfa,3rtslc�, ssr�rn.: 14 I I I 31 57 G:4Vr;RN . NT USES fPwl3i►t Adr 'I P P P P P P P P P P P P P P Federal,State and Local Government 14 _ -- -_ -- Excluding Districts and Authorities II -- - _ - 1 P P S P P P P S Dist and Authorities 14 S_ S S_ S S � S S Districts horitie _ _- _ --- -- -- -- 3333 - 7333- - 3377 S S S 1 S S S S S S S S S S 41 � S S ss N�i+iCt,A3�]FI��[.��sra��.rsta�n�N'�s - II S-- ---- -- - !-- -�- - ---- ---- -- S S 19991--Jails, _ - 41 II S S S S �7 �7 S Jails Facilities,Detention1 'I Privately Camps, ely Owned and Operated --- - - - f { L ' SEC 28.03.023 PERMITTED USE TABLE REV snn ZONING Parking t Special 1 _ _ — — — PERMITTED_PRIMARI [ISE•:S Group I Cond. � sic A-R R-S II RD4 H RCR i RCR-H NC�NSC GC-NID}fjGC MD-2 CBD C-M U HI PUD GROUP i P P P P P P S : P single-Family Dwellings 3 27 I I S S P 3 27 P P S S _ S Two-Family Dwellings z P P S S P S S - S- Multi-Family Dwellings P P P P P S S P Cluster Housing 3 1 S S S S S Mobile Home Park 4 4 S S S S S Mobile Home Subdivision 4 4 P �P P P i P { p } 1 f_ S 1 Model Dwelling Unit _ 3 i T- , P P P P P P I i S I f t P i Family Home(see definition) 41 } i I i I i I - - i P P P P P P P P P P Accessory Building,Structure or Use - 114 i S P P P S S Garage Apartment 1 l 5 P P P P P P P Home Occupation 14 6 -- - - _ i -_ _ . -- IIiI- - - - -'Servants --- _e ---- _ S S S S S S }P S S } P Private e ts Recreational Quarters P P P P �P P P- - P _. S. - - �P _-R e--° -Facility - _ -- - -- r ± - -- — -- - - - _ - --- --- - _ P P P P P P P P P P swimming Pool 3 P P P P P P P P S P solar Collectors __. Solar Coll- __-._.. P P P P P P P P S t P Temporary Portable storage Containers I 25 - _ { - _ t --- -- - - I I P1JBl tG iCit[1T:t P �P P S P PPP Cable Television - - Transmission L P P P P P P P P jP P S P P P P Electrical Transmission Line I P P P P P P P P P P I S P PPP Fiber Optic Cable Communications Line -- - - - _ 1 -- e _ {S S S IS P P P S Electrical Generating Plant f 41 S S S S I S S S S is S S P P P S Electrical Substation I 41 --- -- -_ _ P P P P P P P P P P S P P PP Local Utility Service Line 41 S S S SS Radio,Television,Microwave and Cellular 41 24 I- Telephone Transmission Towers S c S S S S S S S S S S !P P S 'Railroad Tracks and Switching Yards P P_ P P P P {PIP P P S f P PPP I Sewage Pumping Stat on 41 P P P P P P P P P P S P PPP sewage Treatment Facilities -t .---fi -41 P �P P P P P P P [S' P P P P Telephone Exchange Switching Relay or 41 SEC 28.03.023 PERMITTED USE TABLE RF;V 8/10 ZONING DISTRICT — _— Parking Special PERMITTED PRIMARY USES Group Cond. sic A-R R-S RM-M RM-H RCR RCR-H NC NSC CC MD GC-MD-2 CBD C-M LI HI KID GROUP Transmitting Station S S S P P P S Utility Service or Storage Yard or Buildings 41 I P P P P P P P P P P S P P P P Water Standpipe or Elevated Supply,Water 41 Reservoir Well or Pumping Station � i I _ P P P P P P PP P P S P PPS Water Treatment Plant 41 I S P P P P S S P PPS Utility Business Office - - - ,- . l - - --- --- --- -- - -- --- - - 1-14- 5 March 8,2011 Consider the abandonment of a drainage easement at 4975 Sassafras Lane RICH WITH OPPORTUNITY IIEAUMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider the abandonment of a drainage easement at 4975 Sassafras Lane. RECOMMENDATION The Administration recommends approval subject to the following conditions: • A new storm sewer pipe will be installed from the existing curb inlet on Sassafras Lane as per the Public Works Department's letter to Mr. Dennings dated February 10, 2011. • A new 15' storm sewer easement shall be dedicated to the City and approved by City Council prior to the abandonment of the existing 15' easement. • The City of Beaumont shall be released from any liability that may arise from the existing pipe located under your newly constructed structure. BACKGROUND Charles Dennings has applied for the abandonment of a drainage easement. The subject abandonment is for a 10' wide drainage easement that sits underneath a newly constructed house at 4975 Sassafras Lane. Mr. Dennings owns Lots 17 and 18, Block 4,The Woodlands Addition, Unit IV. The drainage easement runs along the property line separating Lots 17 and 18. The house was built over the easement and an 18" storm sewer line. The Public Works Department, has approved two alternatives for the rerouting of the drainage facilities. Fittz and Shipman, Inc. has submitted a plan whereby a 15' wide drainage easement along the west property line of Lot 18 will be dedicated to the City. The Public Works Department also recommends that the existing storm sewer be filled with a flowable grout once capped. At a Regular Meeting held February 21, 2011,the Planning Commission recommended approval 6:0 of the abandonment subject to the following conditions: • A new storm sewer pipe will be installed from the existing curb inlet on Sassafras Lane as per the Public Works Department's letter to Mr. Dennings dated February 10, 2011. • A new 15' storm sewer easement shall be dedicated to the City and approved by City Council prior to the abandonment of the existing 15' easement. • The City of Beaumont shall be released from any liability that may arise from the existing pipe located under your newly constructed structure. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLEDAN ORDINANCE VACATING AND ABANDONING A 10' WIDE DRAINAGE EASEMENT OUT OF LOTS 17 AND 18, BLOCK 4 OF WOODLANDS ADDITION, UNIT IV, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT a 10'wide drainage easement out of Lot 17 and 18, Block 4 of Woodlands Addition, Unit IV, City of Beaumont, Jefferson County,Texas, as described in Exhibit"A"and shown on Exhibit"B," attached hereto, be and the same are hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law, subject to the following conditions: • A new storm sewer pipe will be installed from the existing curb inlet on Sassafras Lane as per the Public Works Department's letterto Mr. Dennings dated February 10, 2011. • A new 15' storm sewer easement shall be dedicated to the City and approved by City Council prior to the abandonment of the existing 15' easement. • The City of Beaumont shall be released from any liability that may arise from the existing pipe located under your newly constructed structure. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES That certain 0.0268 acre tract for the abandonment of a portion of a 10' wide drainage easement out of Lot 17 and 18,Block 4 of Woodlands Addition,Unit IV, a plat recorded in Volume 13,Page 8 of the Map Records of Jefferson County, Texas, said Lot 17 being conveyed to Charles E. Dennings as recorded in Clerk's File No. 2003021021 of the Official Public Records of Jefferson County,Texas and said Lot 18 being conveyed to Charles E. Dennings as recorded in Clerks File No. 2003004305 of the Official Public Records of Jefferson County, Texas, said 0.0268 acres being more particularly described by metes and bounds as follows: NOTE: Basis of Bearings is the east line of Lot 17,Block 4 of said Woodlands Addition, Unit IV having been called South 00°28'24" East 130.66 feet. COMMENCING at a capped iron rod found in the south right-of-way line of Sassafras Street for the northeast line of Lot 19 of said Woodlands Addition,Unit IV and the northwest corner of said Lot 18 from which a %" iron rod found in the said south right-of- way line of Sassafras Street bears South 85°42'46" West 77.16 feet; THENCE North 83°16'48" East along the said south right-of-way line of Sassafras Street and the north line of said Lot 18 a distance of 70.46 feet(called North 83°38'17" East)to a point for the northwest corner of the said 0.0268 acre tract and the POINT OF BEGINNING; THENCE North 83°16'48" East continuing along the said south right-of-way line of Sassafras Street and the said north line of Lot 18 and 17 a distance of 10.06 feet(called North 83°38'17" East)to a point for the northeast corner of the said 0.0268 acre tract from which a 3/4" iron rod found for the northeast corner of said Lot 17 bears North 83°16'48" East 80.41 feet(called North 83°38'17" East; THENCE South 00'28'14" East along the east line of the said 0.0268 acre tract a distance of 117.09 feet to a point for the southeast corner of the said 0.0268 acre tract; THENCE South 89'33'17" West along the south line of the said 0.0268 acre tract a distance of 10.00 feet to a point for the southwest corner of the said 0.0268 acre tract; THENCE North 00028'14" West along the west line of the said 0.0268 acre tract a distance of 115.99 feet to the POINT OF BEGINNING and containing 0.0268 acres of land,more or less. EXHIBIT "A" 'L EXHIBIT "A", PAGE 5 OF 5 NUMBER DIRECTION DISTANCE L7 S 00'31'37" E 109.94 L2 N 89'33'17° E 54.93 L3 S 00'28'14" E 15.00 L4 S 89'33'17" W 69.92 L5 S 00'28'14" E 117.09 L6 S 8933'17" W 10.00 L7 N 00'28'14" W 115.99 WOODLANDS UNIT III VOL 13, PG. 7, M.R.J.C. FENCE iF B L 0 C K 4 LOT 7 FORnCORNER 10 FOUND ', 76.25) s oLOT 8 IRON ROD r 5 79,31 46' 09 • • . w (CAUE9,Zq'02 W 76• — M FOUND IRON 1ROD �Y1 86.13) W a. _rED 5 931 4W 86.34 .-+ �. (CALL7g'11'1'L EASEMENT _ �/ L4/ av� �• O• e� S t6 U8 EA H S w CD CD r•t CD CD O ` -� /L2 min _� -- L\ I"N LOT 19 r+ O Ln o � tz O' � O Nn LOT 16 B L 0 I K 4 o LOT 17 I I LOT 18 3 N O : CD 1 o � I: N clfl �* ° 'q to. TRACT 1 M o N Z M g o t2 y CD CCDD Z w M 15' WIDE DRAINAGE j^ I oo J a a w TRACT 2 EASEMENT CD CD <n CD N m m■ ABANDONMENT 0.0617 ACRES z v O N Nom' CD o o of OF A PORTION J co ?� . w L °N OF A 10' DRAINAGE pr p� a o o EASEMENT 0.0268 ACRE CD CD O Q. CD 0 \ _ I FOUND 1 IRON ROD cD _ POINT OF n r-.. p CD '�,,, CD _�_- 25 BUILDING UNE BEGINNING Cp CD Cl- �' CD I\ I TRACT 2 S 85'77.166" W cy- O On 15.09 CL 0.06 55'37 POINT OF CD BEGINNING n CD 80.41 N 83'1648" E 160.93 �. S✓ CALLEO N 83'3817' E 160.93) TRACT 1 COMMENCING a c 4975 SASSRAS STREET TRACT 2 FOUND FOUND 3/4- �y _!fit '�'' IRON ROD IRON PRD C O O O � w C tZ CD cn c" — w �-' SURVEYOR'S CERTIFICATION: N twn I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE ,ttx • r ON THE GROUND UNDER MY SUPERVISION DURING JANUARY 2011. : TC,IL• 419 f�. y"f ° CD N WALTER J. KSIAZFV, CAD WALTER J. KSIAZEK REGISTERED PROFESSIONAL LA SURVEYOR 5.121 •eL...S9t1C•�� 0 15 30 S C A L E 0:\PROJECTS\11013 4975 SASSAFRAS\CiMT\11013E=ts.dwg Feb 14. 2011 01:36pm 15' WIDE DRAINAGE EASEMENT AND THE ABANDONMENT OF A PORTION OF A 10' WIDE SHEET NO. Fittz&Shipman DRAINAGE EASEMENT couvuingEngueeosandzbxdsurveyors INc. PROJECT NAME: CHARLES E. DENNINGS, SR. 5 EXHIBIT "B" 4975 SASSAFRAS STREET 1405 CORNERSTONE COURT,BEAUMONT. TEXAS BEAUMONT, TEXAS PROJECT NO. (409)832-7238 FAX(409)832-7303 DATE.2_8_11 11013 6 March 8,2011 Consider the abandonment of a utility easement between Avenue E and Avenue F RICH WITH OPPORTUNITY 1 T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 6313 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider the abandonment of a utility easement between Avenue E and Avenue F. RECOMMENDATION The Administration recommends approval of the abandonment subject to the following condition: • Any utilities within the proposed abandonment will have to be moved at BISD's expense. BACKGROUND Robert Zingelmann, Director of Business and Finance for BISD, has applied for the abandonment of a utility easement between Avenue E and Avenue F. In April, 1997, City Council approved the abandonment of Milam Street, between Avenues E and F subject to the retention of a 60'x 300' general utility and drainage easement. The current abandonment request is being made to allow for the construction of expanded cafeteria facilities on the site to accommodate the growing needs of Fletcher Elementary School. The school, originally built for approximately 300 students, currently accommodates over 750 children. The existing cafeteria is grossly undersized causing hardships for both staff and students. At this time, lunch begins at 11:00 a.m. and stretches to 1:30 p.m. with a short period of time for each student to eat. The plan is to add additional kitchen capacity and dining area so that the children can be fed in a prompt and orderly manner. The easement runs directly through the school campus and is roughly adjacent to the existing cafeteria building. The only option available to BISD is to add a 54' extension to the existing building. The utility and drainage facilities that required the need for the utility and drainage easement have either been abandoned or will be moved. This item was sent to all interested parties. Entergy has an existing electrical pole line within the easement. Entergy will not object to the abandonment as long as the line is moved at BISD's expense. At a Regular Meeting held February 21, 2011,the Planning Commission recommended approval 6:0 of the abandonment subject to the following condition: • Any utilities within the proposed abandonment will have to be moved at BISD's expense. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A UTILITY EASEMENT BETWEEN AVENUE EANDAVENUE F, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT a utility easement between Avenue E and Avenue F, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit"B," attached hereto, be and the same are hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law, subject to the following condition: • Any utilities within the proposed abandonment will have to be moved at the expense of The Beaumont Independent School District. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES That certain 0.4135 acre tract for the abandonment of a 60'wide general utility and drainage easement described in Ordinance No. 97-20 as recorded in Clerk's File No. 9711305 of the Official Public Records of Jefferson County, Texas, and being between Block 20 and 21 of Blanchette Addition, a plat recorded in Volume 1,Page 25 of the Map Records of Jefferson County, Texas, said 0.4135 acres being more particularly described by metes and bounds as follows: NOTE: The Basis of Bearings is the southeasterly line of Block 20 and the northwesterly line of the said 60' wide easement being assumed North 419 Y00"East. COMMENCING at a %2" iron rod found at the intersection of the northwesterly right-of- way line of Milam Street and the southwesterly right-of-way line of Avenue F for the east corner of Block 25 of said Blanchette Addition; THENCE North 41'13'00" East a distance of 60.00 feet to a point at the intersection of the said northwesterly right-of-way line of Milam Street and the northeasterly right-of-way line of Avenue F for the south corner of said Block 20,the west corner of the said 60'wide easement and the said 0.4312 acre tract, and being the POINT OF BEGINNING; THENCE North 41'13'00" East along the southeasterly line of said Block 20 and the northwesterly line of the said 60'wide easement and the said 0.4132 acre tract a distance of 300.00 feet(called 300.00 feet)to a point at the intersection of the said northwesterly right- of-way line of Milam Street and the southwesterly right-of-way of Avenue E for the east corner of said Block 20 and the north corner of the said 60'wide easement and the said 0.4312 acre tract from which a '/Z" iron rod found at the intersection of the said northwesterly right-of-way line of Milam Street and the northeasterly right-of-way line of Avenue E for the south corner of Block 5 of said Blanchette Addition bears North 41'13'00" East 60.86 feet. THENCE South 48°47'00" East along the northeast line of the said 60'wide easement and the said 0.4132 acre tract a distance of 60.00 feet(called 60.00 feet)to a point at the intersection of the southeasterly right-of-way line of Milam Street and the said southwesterly right-of-way line of Avenue E for the north corner of said Block 21 and the east corner of the said 60' wide easement of the said 0.4132 acre tract; THENCE South 41°13'00" West along the northwesterly line of said Block 21 and the southeasterly line of the said 60'wide easement and the said 0.4132 acre tract a distance of 300.00 feet(called 300.00 feet)to a point at the intersection of the southeasterly right-of- way line of Milam Street and the said northeasterly right-of-way line of Avenue F for the west corner of said Block 21 and the south corner of the said 60'wide easement and the said 0.4132 acre tract from which a 3/4" iron pipe found at the intersection of the said southeasterly right-of-way line of Milam Street and the said southwesterly right-of-way line EXHIBIT "A" LEGAL DESCRIPTION continued of Avenue F for the north corner of Block 24 of said Blanchette Addition bears South 41'10'46" West 60.18 feet; THENCE North 48°47'00" West along the southwesterly line of the said 60' wide easement and the said 0.4132 acre tract a distance of 60.00 feet(called 60.00 feet)to the POINT OF BEGINNING and containing 0.4135 acres of land, more or less. * Approval subject to the following condition: EXHIBIT "A", PAGE 3 OF 3 -Any utilities within the proposed abandonment will have to be moved at BISD's expense. B L A N C H E T T E A D D I T 1 0 N VOL. 1, PG. 25, M.R.J.C. YJ W BLOCK 20 � � v v z o o FLETCHER ELEMENTARY SCHOOL 12) COMMENCING POINT POINT OF FOUND Y2" FOUND X" BEGINNING (ASSUMED BASIS OF BEARINGS) IRON ROD IRON ROD (CALLED 420.00) N 41'13'00" E 420.86 —. 300.00 w 60.86 60'00 (CALLED 300.00) 0 O0 o ORDINANCE NO. 97-20 °� m CLERKS FILE NO. 9711305, O.P.R.J.C. 0.4132 ACRE °O MILAM STREET m MILAM STREET � O o 60' X 300' GENERAL UTILITY AND �cD 00 0 � DRAINAGE EASEMENT ¢ `d' U v U) m Z v _ 60.18 S 41'13'00" W 300.00 X S 41'10'46" W (CALLED 300.00) � W FOUND -'1° IRON PIPE B L 0 C K 2 1 B.I.S.D. ��; SURVEYOR'S CERTIFICATION: 0 GQ>�`r> �Ogs• I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, • THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE k • ... v ON THE GROUND UNDER MY SUPERVISION DURING OCTOBER 2010. yyALT @R J. KBSIAZF, �y o • 611 ry, `V �a•`�S�att'.04 WALTER J. KSIAZEK REGISTERED PROFESSIONAL SURVEYOR 5321 N L Q:\PROJECTS\10064 — Fletcher Cafet\SURVEY\10064Milam.dwg Jan 27, 2011 02:49pm X11 man ABANDONMENT OF A 60' WIDE EASEMENT SHEET NO. QO Flttz�S INC. PROJECT NAME: CITY OF BEAUMONT 3 0 30 60 Conn tingEngineers and Land Surveyors A PORTION OF MILAM STREET BEAUMONT, TEXAS PROJECT NO. rat—t 1405 CORNERSTONE COURT, BEAUMONT, TEXAS 10064.0000 S C A L E (409) 832-7238 FAX (409) 832-7303 DATE:1-27-11 7 March 8,2011 Consider authorizing the City Manager to execute a joint election agreement for a general election for the City of Beaumont, Beaumont Independent School District, and the Port of Beaumont, for the conducting of a General Election on Saturday, May 14, 2011, with a runoff election to be held in June, 2011, if necessary RICH WITH OPPORTUNITY 11EA,[1M011T T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, City Clerk, TRMC MEETING DATE: March 8, 2011 REQUESTED ACTION: A resolution authorizing the City Manager to execute a joint election agreement for a general election for the City of Beaumont, Beaumont Independent School District, and the Port of Beaumont, for the conducting of a General Election on Saturday, May 14, 2011, with a runoff election to be held in June, 2011, if necessary. RECOMMENDATION The Administration recommends authorizing the execution of a joint election agreement for a general election for the City of Beaumont, Beaumont Independent School District, and the Port of Beaumont, for the conducting of a general election on Saturday, May 14, 2011, with a runoff election to be held in June, if necessary. BACKGROUND Chapter 271 of the Texas Election Code provides, if the elections ordered by the authorities of two or more political subdivisions are to be held on the same day in all or part of the same territory, the governing bodies of the political subdivision may enter into an agreement to hold the elections jointly in the election precincts that can be served by common polling places. The City of Beaumont, Beaumont Independent School District, and the Port of Beaumont will conduct elections on Saturday, May 14, 2011. This action would authorize the City to hold the May 14th election jointly with the other entities and conduct a runoff if necessary in June, 2011. BUDGETARY IMPACT Expenses of the joint election would be divided equally among the entities having the common election. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manger is hereby authorized to execute a Joint Election Agreement with the City of Beaumont, Beaumont Independent School District and the Port of Beaumont for the General Election to be held on May 14, 2011, with a runoff election to be held in June, 2011, if necessary. The agreement is substantially in the form attached hereto as Exhibit "A" and made part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - JOINT ELECTION AGREEMENT AND ELECTION SERVICES CONTRACT BETWEEN THE CITY OF BEAUMONT AND BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE PORT OF BEAUMONT FOR THE CONDUCT OF A JOINT ELECTION TO BE HELD SATURDAY MAY 14, 2011 TO BE ADMINISTERED BY THE CITY CLERK 1. JURISDICTION 1.1 The General Election for the City of Beaumont to held on May 14, 2011. 1.2 The City of Beaumont,the Beaumont Independent School District and the Port of Beaumont either have or may order an election to be held on the 14"day of May,2011,relating to the affairs of each entity. 1.3 A list of each precinct and election day polling locations involved in the j oint election,is shown in Attachment"A". 2. ADMINISTRATION The City Clerk of the City of Beaumont agrees to coordinate,supervise and handle all aspects of administering the Joint Election in accordance with the provisions of the Texas Election Code as outlined in this agreement. Each participating authority agrees to pay the City of Beaumont for equipment,supplies,services and administrative costs as outlined in this agreement. The City Clerk will serve as administrator for the election; however, each participating authority remains responsible for the lawful conduct of their respective election. 3. LEGAL DOCUMENTS Page 1 EXHIBIT "A" 3.1 Each participating authority will be responsible for preparation,adoption and publication of all required election orders,resolutions,notices and any other pertinent documents required by their respective governing bodies. 3.2 Any submission of pre-clearance to the Department of Justice,will be the responsibility of each participating authority. Preparation of necessary bilingual materials for notices and preparation of the text for the official ballot will also be the responsibility of each participating authority. Each participating authority will provide a copy oftheir respective election notices and justice submission to the City Clerk. 4. DIRECT RECORD VOTING SYSTEM/OPTICAL SCAN 4.1 Each participating authority agrees that voting at the joint election will be by use of a direct record and optical scan voting system approved by the Secretary of State in accordance with the Texas Election Code. The City Clerk's Office will be responsible for the preparation of programs and the testing of the direct record system and optical scan system used for tabulating the ballots. 4.2 The City of Beaumont agrees to provide direct recording electronic devices(DRE),and voting booths for the joint election. 5. VOTING LOCATIONS 5.1 Voting locations will be the voting locations for the City precincts as approved by the City Council ofthe City of Beaumont on January 25,2011. The voting locations are listed in Attachment"A" of this agreement. In the event a voting location is not available,the City Clerk will arrange for use of an alternate location with the approval of each participating authority affected by the change. The City will be responsible for submitting any polling location changes to the Department of Justice for pre-clearance that changes from the list approved on January 25,2011. The City will notify each participating authority of any changes from the locations listed in (Attachment "A"). 6. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL 6.1 The City Council ofthe City of Beaumont approved the appointments ofthe presiding judge and alternate for each polling location on January 25,2011. The City Clerk shall arrange for the training and compensation of all presiding judges and clerks. The election judges are listed in Attachment"A"of this agreement. If a person is unable or unwilling to serve,the City Clerk will appoint someone on an emergency basis and notify each entity. Page 2 6.2 In compliance with the Federal Voting Rights Act of 1965,as amended,precincts containing more than 5% Hispanic population, according to the 2000 census statistics are required to have interpreter assistance. If the presiding judge is not bilingual and is unable to hire a bilingual clerk, the City Clerk may make a recommendation. The City Clerk has available one staffmember who may assist at polling locations if necessary. 6.3 The City Clerk will hold schools of instruction on the use of electronic and optical scan voting equipment and on election laws. All election judges and alternates must attend an election judge training session taught by the City Clerk. 6.4 The election judges are responsible for picking up election supplies at the time and place determined by the City Clerk. Each election judge,alternate and clerk will receive$8.00 per hour (for a maximum of 14 hours)on Election Day. The election judge will receive an additional$25.00 for delivering election returns and supplies to the Central Counting Station(Beaumont Civic Center). All poll workers for the Early Voting period under the supervision of the Early Voting Clerk, (City Clerk) will be compensated at a rate of$8.00 per hour. 6.5 The City Clerk will employ other personnel necessary for the proper administration of the election, including such part-time help as necessary to prepare for efficient tabulation of ballots at the central counting station(Beaumont Civic Center).Personnel working in support ofthe central counting station on election night will receive pay for at least two hours,minimum call for service,regardless of the actual hours worked. 7. SUPPLIES AND PRINTING 7.1 The City Clerk will arrange for all election supplies and election printing,including,but not limited to, all forms, signs and other materials used by the election judges at the voting locations. 7.2 The City Clerk will provide instructions and other information needed to enable the election judges to conduct a proper election. 7.3 Each participating authority shall furnish the City Clerk a list of candidates and/or propositions showing the order and the exact manner in which their candidate names and/or propositions are to appear on the official ballot. The list will be delivered to the City Clerk no later than 12:00 noon on March 18, 2011. Each participating authority will be responsible for proofreading and approving the ballot in so far as it pertains to that authority's candidates and/or propositions. 8. OPTICAL SCAN BALLOTS Page 3 8.1 The ballot allocation for Election Day is based on providing enough ballots in every reporting precinct to handle the same turnout as in comparable elections that utilized the optical scan ballot plus an additional twenty-five percent(25%) of that number. 8.2 E S&S Election will print the ballots for Early Voting by mail as well as the provisional ballots for the Early Voting period and a minimum of twelve(12)ballots per ballot style will be available at the Early Voting locations. 9. RETURNS OF ELECTION 9.1 The City Clerk will be responsible for establishing and operating the central counting station (Beaumont Civic Center) to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. 9.2 The participating authorities hereby,in accordance with Section 127.002, 127.003 and 127.005 of the Texas Election Code, appoint the following central counting station officials: Manager: Sheri Menges and Staff of Election Systems and Software 9.3 The manager or their representative will deliver timely cumulative reports of the election results as precincts are tabulated. The manager will be responsible for releasing cumulative totals and precinct returns from the election to the j oint participants,candidates,press,and general public by distribution of hard copies. 9.4 The City Clerk will prepare the unofficial canvass report after all precincts have been counted,and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns and provisional ballots have been tabulated. All participating authorities will be responsible for the official canvass of their respective elections. 9.5 The City Clerk will be responsible for conducting the post election manual recount,unless a waiver is given from the Secretary of State in accordance with Section 127.201 ofthe Texas Election Code. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State's Office. 10. ELECTION EXPENSES Page 4 10.1 The participating authorities agree to share the costs of administering the May 14,2011 Joint Election. An administration fee not to exceed 10%ofthe total value ofthe contracted services per entity shall be assessed as authorized by the Texas Election Code,Sec.31.100. Allocation of equipment and miscellaneous cost will be proportionate to the number of shared polling locations and programming cost will be assessed per entity based on the actual hours spent coding and changing date for the entity. 10.2 Each participating authority,will pay proportionately the expenses for early voting by mail and personal appearance based on actual cost for labor,postage and supplies. 10.3 Final election expenses will be determined within 30-45 days after the election. The City Clerk will provide each participating authority with a detailed billing statement. Any disputed amount should be reported within ten(10)days of receipt ofthe statement. Payment is due upon receipt of the bill if there are no discrepancies. 11. RECORDS OF THE ELECTION 11.1 Tina Broussard,City Clerk is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. 11.2 Access to the election records will be available to each participating authority as well as to the public in accordance with the Texas Public Information Act,Chapter 552,Government Code,at the office of the City Clerk,801 Main St.#125,Beaumont,Texas,at any time during normal business hours. 11.3 Records ofthe election will be retained and disposed of in accordance with the records retention schedules and in accordance with the provisions of Title 6,Subtitle C,Chapter 201 through 205, Texas Local Government Code,including the minimum retention requirements established by the Texas State Library and Archives Commission. If records of the election are involved in any pending election contest,investigation,litigation,or Texas Public Information Act,the City Clerk shall maintain the records until final resolution or until final judgement,whichever is applicable. It is the responsibility ofany participating authority to bring to the attention ofthe City Clerk any notice of any pending election contest,investigation,litigation,or Texas Public Information Act request, which may be filed with a participating authority. 12. EARLY VOTING 12.1 Tina Broussard,City Clerk,will be appointed as early voting clerk in compliance with sections 271.006 ofthe Texas Election Code. Other deputy early voting judges/clerks will be appointed by the early voting clerk as needed to process early voting mail and to conduct early voting at the main location. Page 5 12.2 Early voting by personal appearance will be conducted at the locations and times described in (Attachment `B"). Any qualified voter for the Joint Election may vote early by personal appearance at the main early voting location as well as the four branch early voting locations. 12.3 All request for early voting by mail will send their applications and voted ballots to the City Clerk, 801 Main St. #125, Beaumont, Texas 77701 for processing. 12.4 All early voting ballots will be prepared for counting by an Early Voting Ballot Board appointed in accordance with Section 87.001 of the Texas Election code. (Attachment C) 13. ELECTION REPORTS The Early Voting Clerk will be responsible for ensuring the delivery of the reports titled Early Voting Daily Vote Totals to each participating authority each day of Early Voting for the previous day's voting activity.The Early Voters'report will be delivered by electronic means via e-mail, facsimile, or website. 14. RUNOFF ELECTION In the event a runoffis necessary,the agreement will automatically be extended to cover the runoff, unless a participating authority states in writing before April 30,2011,that it does not wish to participate in a joint runoff. 15. RECOUNT A recount cost would be billed at the applicable rate to the authority responsible for the canvassing ofthat election. The guidelines for a recount can be found in the Texas Election Code,Title 13, Chapters 211 through 216. 16. CONTRACT WITHDRAWAL Any participating authority that certifies their election in accordance with Section 2.051,2.052 and 2.053 ofthe Texas Election Code,may withdraw from the joint election contract. Any expenditure incurred prior to withdrawal shall be billed separately and that contracting authority shall be billed separately and that contracting authority shall be removed from the contract. An addendum page(s)to the contract shall be provided to the remaining participants no later than five(5)days after notification of all intents to withdraw have been received by the City Clerk. Page 6 17. NOTICE Whenever this agreement requires any consent,approval notice,request or demand,it must be in writing to be effective and shall be delivered to the City Clerk: Tina G. Broussard, City Clerk P.O. Box 3827 Beaumont, TX 77704-3827 City of Beaumont: APPROVED AND EXECUTED ON 92011. Kyle Hayes, City Manager ATTEST Tina G. Broussard, City Clerk APPROVED AS TO FORM: Tyrone E. Cooper, City Attorney Entity: Beaumont Independent School District APPROVED AND EXECUTED ON , 2011 Philip Brooks, Assistant Superintendent for Administration/Operations Page 7 ti EXHIBIT "A", PAGE 2 OF 5 THENCE North 00 031'37"West along the said east line of Lot 19 and the west line of Lot 18 and the said 0.0617 acre.tract a distance of 123.29 feet (called North 00 028'24"West) to the POINT OF BEGINNING and containing 0.0617 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during January 2011. Walter J. Ksiaze tE�OF tg Registered Professio al Land Vrveyor No. 5321 Ole GIVQ16 xs,r • ; WALTER J. KSIA?..F ;,S�'eti FITTZ&SHIPMAN,INC Page 2 of 2 Project No. 11013.000OTRI Plat&Description Fittz&Shipman INC. EXHIBIT "A", PAGE 3 OF 5 Consulting Engineers and Land Surveyors FIELD NOTE DESCRIPTION Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) OF A Terry G.Shipman,Chairman of Board 0.0268 ACRE TRACT FOR THE Billy J.Smith,Jr.,President Donald R.King,P.E. ABANDONMENT OF A PORTION OF Michelle Falgout,P.E. A 10' WIDE DRAINAGE EASEMENT Walter J. Ksiazek,R.P.L.S. OUT OF LOT 17 AND 18,BLOCK 4 OF WOODLANDS ADDITION, UNIT IV JEFFERSON COUNTY,TEXAS FEBRUARY 9,2011 TRACT 2 That certain 0.0268 acre tract for the abandonment of a portion of a 10' wide drainage easement out of Lot 17 and 18, Block 4 of Woodlands Addition, Unit IV, a plat recorded in Volume 13, Page 8 of the Map Records of Jefferson County, Texas, said Lot 17 being conveyed to Charles E. Dennings as recorded in Clerks File No. 2003021021 of the Official Public Records of Jefferson County, Texas and said Lot 18 being conveyed to Charles E. Dennings as recorded in Clerks File No. 2003004305 of the Official Public Records of Jefferson County, Texas, said 0.0268 acres being more particularly described by metes and bounds as follows: NOTE. Basis of Bearings is the east line of Lot 17, Block 4 of said Woodlands Addition, Unit IV having been called South 00°28'24" East 130.66 feet. COMMENCING at a capped iron rod found in the south right-of-way line of Sassafras Street for the northeast corner of Lot 19 of said Woodlands Addition, Unit IV and the northwest corner of said Lot 18 from which a '/s" iron rod found in the said south right-of-way line of Sassafras Street bears South 85 042'46" West 77.16 feet; THENCE North 83 016'48" East along the said south right-of-way line of Sassafras Street and the north line of said Lot 18 a distance of 70.46 feet (called North 83 038'17" East) to a point for the northwest corner of the said 0.0268 acre tract and the POINT OF BEGINNING; THENCE North 83 016'48" East continuing along the said south right-of-way line of Sassafras Street and the said north line of Lot 18 and 17 a distance of 10.06 feet (called North 83 038'17" East) to a point for the northeast corner of the said 0.0268 acre tract from which a 3/" iron rod found for the northeast corner of said Lot 17 bears North 83 016'48" East 80.41 feet (called North 83 038'17" East); THENCE South 00 028'14" East along the east line of the said 0.0268 acre tract a distance of 117.09 feet to a point for the southeast corner of the said 0.0268 acre tract; THENCE South 89 033'17" West along the south line of the said 0.0268 acre tract a distance of 10.00 feet to a point for the southwest corner of the said 0.0268 acre tract; FITTZ&SHIPMAN,INC. Page 1 of 2 Project No. 11013.000OTR2 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 4 OF 5 THENCE North 00°28'14" West along the west line of the said 0.0268 acre tract a distance of 115.99 feet to the POINT OF BEGINNING and containing 0.0268 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during January 2011. /14/wavik Walter J. Ksiazek Registered Professional Land S eyor No. 5321 �t�,OF TF� sq�� WSTZPFG�x • * • ' WALTER J. KSIAZFM Qe?Ztt+V 4Q FITTZ&SHIPM,4N,INC. Page 2 of 2 Project No. 11013.000OTR2 Plat&Description EXHIBIT "A", PAGE 5 OF 5 NUMBER DIRECTION DISTANCE L1 S 00'31'37" E 109.94 L2 N 89.33'17" E 54.93 L3 S 0078'14" E 15.00 L4 S 89'33'17" W 69.92 L5 S 00'28'14" E 117.09 L6 IS 8933'17" W 10.00 L7 N 00.28'14" W 115.99 WOODLANDS UNIT III VOL. 13, PG. 7, M.R.J.C. FENCE B L 0 C K 4 LOT 7 FOR FOOTING FOUND _ LOT 8 IR CAPPED — ON ROD 5 ,93.46^W 78.25) FOUND 1/2^ (CA 79 t0 _ IRON ROD 9,31.4 —� n �W 66.31) —� 00 b^ — W ' B p=UTAY,C E � // Iaw n Z,,(G 112 S 79 t6 �4E ✓' iM a r iJ wv "N LOT 19 LOT 16 B 0 K q N n O LOT 17 I^3 LOT 18 a N z M°n TRACT 1 pi: ° m* ^ TRACT 2 15' WIDE DRAINAGE c W m w ABANDONMENT n EASEMENT O a 0 o N OF A PORTION J J 0.0617 ACRES I z v OF A 10' DRAINAGE < 'o EASEMENT 0.0268 ACRE U 1n .--- I FOUND 1/2' POINT OF IRON ROD —_ - — 15'BUILDING LINE \ BEGINNING TRACT 2 S 85'42.46" W 55.37 0 15.09 77.16 POINT OF 80.41 8 E 160.93 BEGINNING N 83'16'4 " TRACT 1 (CALLED N 63'38'17^ E 160.93) COMMENCING STREET POINT S' FOUND 3/4^ 4975 SAS TRACT 2 IRON ROD FOUND CAPPED IRON ROD SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, w ON THE A THIS IS AN ACCURATE PLAT OF A D UNDER MY SUPERVISION DUR1 NG aJ NUARYP2� MADE ��4`'V.144 0' • rIALTER J. K81AZEII (� WALTER J. KSIAZEK SU ' 'y REGISTERED PROFESSIONAL LA RVEYOR 0. .321 • •• V •••••{OP 0 15 p A L 0:\PROJECTS\11013 4975 SASSAFRAS\Ci0\11013Es ts.dwg Feb 14, 2011 01:36pm 15' WIDE DRAINAGE EASEMENT AND THE ABANDONMENT OF A PORTION OF A 10' WIDE SHEET NO. Fittz&Shipman DRAINAGE EASEMENT INC• FROJ= NAM' CHARLES E. DENNINGS, SR. 5 AQ7S SASSAFRAS STREET 1405 CORNERSTONE COURT,BEAUMONI « » I�A(1WT TEXAS PROJECT N0. (409)832-7236 FAX(409)63: EXHIBIT B " DAT&'2-8-11 11013 M RICH WITH OPPORTUNITY r T • E • X • A • S City ouncil Agenda Item Y g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: March 8, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to execute a Lease Agreement with David Derharoutian. RECOMMENDATION Administration recommends authorizing the City Manager to execute a one (1)year Lease Agreement with David Derharoutian(Landlord) for the use of property located at 8155 Phelan Blvd., Beaumont, Texas. BACKGROUND EMS Med No. 4 has operated at 8155 Phelan Blvd., an 800 square foot facility, since April 2004. The current lease of$1,175.20 per month will expire on March 31, 2011. The Landlord has proposed a new one (1)year lease with the rental rate remaining at $1,175.20 per month. The new lease will begin on April 1, 2011 and end on March 31, 2012. All other provisions of the lease will remain the same. All utilities will be paid by the City, and minor maintenance of the facility, such as the air conditioning filter replacement and grounds maintenance, will be the responsibility of the City. Ingrid Holmes, Public Health Director, approves of the terms of the proposed new lease. A copy of the proposed lease in its substantial form is attached for your review. BUDGETARYIMPACT Lease payments of$1,175.20 per month total $14,102.40 over the term of the lease. Funds are budgeted in the EMS Division's operating budget. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one (1) year Lease Agreement, substantially in the form attached hereto as Exhibit "A," in the amount of $1,175.20 per month with David Derharoutian (Landlord) for the use of property located at 8155 Phelan Boulevard, Beaumont, Texas, for EMS Med No. 4. The new lease would begin April 1, 2011 and end March 31, 2012. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. - Mayor Becky Ames - TEXAS ASSOCIATION OF REALTORS(9) COMMERCIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®IS NOT AUTHORIZED. OTsxas Assocladon of REALTORS®,Inc.2010 Table of Contents No, Paragraph Descri tp ion pg. blo, Paragraph Descr' tin ion p9. 1. Parties 2 22. Holdover 10 2. Leased Premises 2 23. Landlord's Lien &Security Interest 11 3. Term 2 24. Assignment and Subletting 11 A. Term 25. Relocation 11 B. Delay of Occupancy 26. Subordination 11 4. Rent and Expenses 3 27. Estoppel Certificates & Financial Info. 11 A. Base Monthly Rent 28. Casualty Loss 12 B. First Full Month's Rent 29. Condemnation 12 C. Prorated Rent 30. Attorney's Fees 12 D. Additional Rent 31. Representations 12 E. Place of Payment 32. Brokers 13 F. Method of Payment 33. Addenda 13 G. Late Charges 34. Notices 13 H. Returned Checks 35. Special Provisions 14 5. Security Deposit 4 36. Agreement of the Parties 14 6. Taxes 4 7. Utilities 4 ADDENDA& EXHIBITS (check all that apply) 8. Insurance 5 9. Use and Hours 6 ❑ Exhibit 10. Legal Compliance 6 ❑ Exhibit 11. Signs 7 ❑ Commercial Lease Addendum for Brokers Fee 12. Access By Landlord 7 (TAR-2102) 13. Move-In Condition 7 ❑ Commercial Lease Addendum for Expense 14. Move-Out Condition 7 Reimbursement(TAR-2103) 15. Maintenance and Repairs 8 ❑ Commercial Lease Addendum for Extension A. Cleaning Option (TAR-2104) ❑ B. Conditions Caused by a Party Commercial Lease Addendum for Percentage C. Repair& Maintenance Responsibility Rent(TAR-2106) ❑ D. Repair Persons Commercial Lease Addendum for Parking E. HVAC Service Contract (TAR-2107) F. Common Areas ❑ Commercial Landlord's Rules and Regulations G. Notice of Repairs (TAR-2108) H. Failure to Repair ❑ Commercial Lease Guaranty(TAR-2109) 16. Alterations g ❑ Commercial Lease Addendum for Right of First 17. Liens g Refusal (TAR-2105) 18. Liability 9 El Commercial Lease Addendum for Optional 19. Indemnity 10 Space (TAR-2110) E]20. Default 10 Commercial Lease Addendum for Construction 21. Abandonment, Interruption of Utilities, (TAR-2111)or(TAR-2112) ❑ Removal of Property& Lockout 10 Commercial Lease Addendum for Contingencies (TAR-2119) ❑ ❑ ❑ Information About Brokerage Services (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 1 of 15 American Real Estate 3550 Dowlen Rd,Suite A Beaumont,TX 77706 Phone:409.866.9129 Fax: Kelli Maness D.DERHAROUTI Produced with ZipForrrl@ by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www zipL4pix rnrn EXHIBIT "A" 4111,h V TEXAS ASSOCIATION OF REALTORS® COMMERCIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®IS NOT AUTHORIZED. ®Texas Association of WALTORSO,Inc.2010 1. PARTIES: The parties to this lease are: Landlord: and Tenant: CITY OF BEAUMONT att: BRENDA DEAN 2. LEASED PREMISES: A. Landlord leases to Tenant the following described real property, known as the 'leased premises,"along with all its improvements (Check only one box): ❑ (1) Multiple-Tenant Property: Suite or Unit Number containing approximately square feet of rentable area in (project name) at (address) in (city), (county), Texas, which is legally described on attached Exhibit or as follows: Q (2) Sri gle-Tenant Property: The real property at: 8155 PHELAN (address) in BEAUMONT (city), JEFFERSON (county), Texas, which is legally described on attached Exhibit Q. WILLIAMS or as follows: ABSTRACT 59 TR 72-A SP-6 BLOCK 18 B. If Paragraph 2A(1)applies: (1) "Property" means the building or complex in which the leased premises are located, inclusive of any common areas, drives, parking areas, and walks; and (2) the parties agree that the rentable area of the leased premises may not equal the actual or useable area within the leased premises and may include an allocation of common areas in the Property. The rentable area ❑ will ❑ will not be adjusted if re-measured. 3. TERM: A. Term: The term of this lease is 12 months and -0- days, commencing on: APRIL 1. 2011 (Commencement Date) and ending on MARCH 31, 2012 (Expiration Date). (TAR-2101)1-26-10 Initialed for Identification by Landlord: and Tenant: Page 2 of 15 Produced with ZipForm@ by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 b ww-z4pLQgix cam D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT, B. Delay of Occupancy: If Tenant is unable to occupy the leased premises on the Commencement Date because of construction on the leased premises to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased premises, Landlord will not be liable to Tenant for such delay and this lease will remain enforceable. In the event of such a delay, the Commencement Date will automatically be extended to the date Tenant is able to occupy the Property and the Expiration Date will also be extended by a like number of days, so that the length of this lease remains unchanged. If Tenant is unable to occupy the leased premises after the 90th day after the Commencement Date because of construction on the leased premises to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased premises, Tenant may terminate this lease by giving written notice to Landlord before the leased premises become available to be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant. This Paragraph 36 does not apply to any delay in occupancy caused by cleaning or repairs. C. Unless the parties agree otherwise, Tenant is responsible for obtaining a certificate of occupancy for the leased premises if required by a governmental body. 4. RENT AND EXPENSES: A. Base Monthly Rent: On or before the first day of each month during this lease, Tenant will pay Landlord base monthly rent as described on attached Exhibit N/A or as follows: Dates Rate per rentable sc uare foot (optional) Base Monthly From To M nthly Rate Annual Rate Rent rsf/mo:nqth /risf/syear B. Additional Rent: In addition to the base monthly rent, Tenant will pay Landlord all other amounts, as provided by the attached (Check all that apply.): ❑ (1) Commercial Lease Addendum for Expense Reimbursement(TAR-2103) ❑ (2) Commercial Lease Addendum for Percentage Rent(TAR-2106) ❑ (3) Commercial Lease Addendum for Parking (TAR-2107) ❑ (4) All amounts payable under the applicable addenda are deemed to be "rent" for the purposes of this lease. C. First Full Month's Rent:The first full monthly rent is due on or before APRIL 1. 2011 D. Prorated Rent: If the Commencement Date is on a day other than the first day of a month, Tenant will pay Landlord as prorated rent, an amount equal to the base monthly rent multiplied by the following fraction: the number of days from the Commencement Date to the first day of the following month divided by the number of days in the month in which this lease commences. The prorated rent is due on or before the Commencement Date. E. Place of Payment: Tenant will remit all amounts due Landlord under this lease to the following person at the place stated or to such other person or place as Landlord may later designate in writing: Name: DAVID DERHAROUTIAN c/o Stacy Tvwater Address: Beaumont Area Federal Credit Union (TAR-2101)1-26-10 Initialed for Identification by Landlord: and Tenant: Page 3 of 15 Produced with ZipForrrog)by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 Ieoeoel.7*pLna4x CAm D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT F. Method-of Payment: Tenant must pay all rent timely without demand, deduction, or offset, except as permitted by law or this lease. If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is returned to Landlord by the institution on which it was drawn, Landlord after providing written notice to Tenant may require Tenant to pay subsequent amounts that become due under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant's failure to make timely payments with good funds. Shall 6e. ect,+nll,eA 6 55a.001 of -NNe, -ryas svernmen+ CQC6, G. Late Charges: the date it is due, Tenant will pay Landlord a late charq amount due. In this paragraph, e e an lord. The late charge is a cost associated with the coll andlor s ate charge does not waive ' o exercise remedies under Paragraph 20. H. Returned Checks: Tenant will pay$ 25.00 for each check Tenant tenders to Landlord which is returned by the institution on which it is drawn for any reason, plus any late charges until Landlord receives payment. 5. SECURITY DEPOSIT: A. Upon execution of this lease, Tenant will pay$ to Landlord as a security deposit. B. Landlord may apply the security deposit to any amounts owed by Tenant under this lease. If Landlord applies any part of the security deposit during any time this lease is in effect to amounts owed by Tenant, Tenant must, within 10 days after receipt of notice from Landlord, restore the security deposit to the amount stated. C. Within 60 days after Tenant surrenders the leased premises and provides Landlord written notice of Tenant's forwarding address, Landlord will refund the security deposit less any amounts applied toward amounts owed by Tenant or other charges authorized by this lease. 6. TAXES: Unless otherwise agreed by the parties, Landlord will pay all real property ad valorem taxes assessed against the leased premises. 7. UTILITIES: A. The party designated below will pay for the following utility charges to the leased premises and any connection charges for the utilities. (Check all that apply.) NLA Landlord Tenant (1) Water ❑ ❑ ❑ (2) Sewer ❑ ❑ ❑ (3) Electric ❑ ❑ ❑ (4) Gas ❑ ❑ 0 (5) Telephone ❑ ❑ O (6) Internet ❑ ❑ ❑ (7) Cable ❑ ❑ ❑ (8) Trash ❑ ❑ Q (9) ❑ ❑ ❑ (10)All other utilities ❑ ❑ ❑ B. The party responsible for the charges under Paragraph 7A will pay the charges directly to the utility service provider. The responsible party may select the utility service provider except that if Tenant selects the provider, any access or alterations to the Property or leased premises necessary for the utilities may be made only with Landlord's prior consent, which Landlord will not unreasonably withhold. If Landlord incurs any liability for utility or connection charges for which Tenant is responsible to pay and Landlord pays such amount, Tenant will immediately upon written notice from Landlord reimburse Landlord such amount. (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 4 of 15 Produced with ZipFormg)by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www aipl-opiY corn D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT C. Notice: Tenant should determine if all necessary utilities are available to the leased premises and are adequate for Tenant's intended use. D. After-Hours HVAC Charges: "HVAC services" means heating, ventilating, and air conditioning of the leased premises. (Check one box only.) d (1) Landlord is obligated to provide the HVAC services to the leased premises only during the Property's operating hours specified under Paragraph 9C. ❑ (2) Landlord will provide the HVAC services to the leased premises during the operating hours specified under Paragraph 9C for no additional charge and will, at Tenant's request, provide HVAC services to the leased premises during other hours for an additional charge of$ per hour. Tenant will pay Landlord the charges under this paragraph immediately upon receipt of Landlord's invoice. Hourly charges are charged on a half-hour basis. Any partial hour will be rounded up to the next half hour. Tenant will comply with Landlord's procedures to make a request to provide the additional HVAC services under this paragraph. (3) Tenant will pay for the HVAC services under this lease. 8. INSURANCE: Y " '� Lill iS Sri irOtAV-eJ. See tl.A-A-ackw.ev% ft I from an insurer authorized to operate in Texas: public liability insurance naming Landlord as an additional insured with policy limits on an occu ce is in a minimum amount of: (check only(a) or(b) below) ❑ (a) 00,000; or C] (b) $2,0 , 00. If neither box I hecked the minimum amount will be$1,000,000. (2) personal property mage insurance for the business operations be' conducted in the leased premises and contents ' the leased premises in an amount suffici o replace such contents after a casualty loss; and D (3) business interruption insurance icient to pay 12 months rent payments; B. Before the Commencement Date, Tenan st provi andlord with a copy of insurance certificates evidencing the required coverage. If the insur verage is renewed or changes in any manner or degree at any time this lease is in effect, an ust, not later than 10 days after the renewal or change, provide Landlord a copy of an in nce certifi evidencing the renewal or change. C. If Tenant fails to maintain the re d insurance in full force a ffect at all times this lease is in effect, Landlord may: (1) purchase insurance will provide Landlord the same coverage the required insurance and Tenant must im lately reimburse Landlord for such expense; or (2) exercise La rd's remedies under Paragraph 20. D. Unless parties agree otherwise, Landlord will maintain in full force and effect insu for: (1) fire an ended coverage in an amount to cover the reasonable replacement cost of the impr ments of e Property; and (2) any public liability insurance in an amount that Landlord determines rea able and appropriate. E. If there is an increase in Landlord's insurance premiums for the leased premises or Property or its contents that is caused by Tenant, Tenant's use of the leased premises, or any improvements made by or for Tenant, Tenant will, for each year this lease is in effect, pay Landlord the increase immediately after Landlord notifies Tenant of the increase. Any charge to Tenant under this Paragraph 8E will be equal to the actual amount of the increase in Landlord's insurance premium. (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 5 of 15 Produced with ZipForrrO by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.70pLogix_com D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT 9. USE AND HOURS: A. Tenant may use the leased premises for the following purpose and no other: Emeraency Medical emergency units a ee"ii;C49-auarters for employees B. Unless otherwise specified in this lease, Tenant will operate and conduct its business in the leased premises during business hours that are typical of the industry in which Tenant represents it operates. C. The Property maintains operating hours of(specify hours, days of week, and if inclusive or exclusive of weekends and holidays): 24 HOURS A DAY-SEVEN (7) DAYS A WEEK 10. LEGAL COMPLIANCE: A. Tenant may not use or permit any part of the leased premises or the Property to be used for: (1) any activity which is a nuisance or is offensive, noisy, or dangerous; (2) any activity that interferes with any other tenant's normal business operations or Landlord's management of the Property; (3) any activity that violates any applicable law, regulation, zoning ordinance, restrictive covenant, governmental order, owners' association rules, tenants' association rules, Landlord's rules or regulations, or this lease; (4) any hazardous activity that would require any insurance premium on the Property or leased premises to increase or that would void any such insurance; (5) any activity that violates any applicable federal, state, or local law, including but not limited to those laws related to air quality, water quality, hazardous materials, wastewater, waste disposal, air emissions, or other environmental matters; (6) the permanent or temporary storage of any hazardous material; or (7) B. "Hazardous material" means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, solvent, or oil as defined by any federal, state, or local environmental law, regulation, ordinance, or rule existing as of the date of this lease or later enacted. C. Landlord does not represent or warrant that the leased premises or Property conform to applicable restrictions, zoning ordinances, setback lines, parking requirements, impervious ground cover ratio requirements, and other matters that may relate to Tenant's intended use. Tenant must satisfy itself that the leased premises may be used as Tenant intends by inde en ndently investi9atina all matters related to fbe use-of-tba leased nremises-Q[ Pronertv. Tenant agrees-tbajjj-j jxA relying on any warranty representation made Landlord. Landlord's aoent.9C any broker concerninaAhe use-.QfAbe leased premises or Property" 11.SIGNS: A. Tenant may not post or paint any signs or place any decoration outside the leased premises or on the Property without Landlord's written consent. Landlord may remove any unauthorized sign or decorations, and Tenant will promptly reimburse Landlord for its cost to remove any unauthorized sign or decorations. B. Any authorized sign must comply with all laws, restrictions, zoning ordinances, and any governmental order relating to signs on the leased premises or Property. Landlord may temporarily remove any authorized sign to complete repairs or alterations to the leased premises or the Property. (TAR-2101)1-26-10 Initialed for Identification by Landlord: and Tenant: Page 6 of 15 Produced with ZipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 teoepe ApLogix corn D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT C. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all signs that were placed on the Property or leased premises by or at the request of Tenant. Any signs that Landlord does not require Tenant to remove and that are fixtures, become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. 12.ACCESS BY LANDLORD: A. During Tenant's normal business hours Landlord may enter the leased premises for any reasonable purpose, including but not limited to purposes for repairs, maintenance, alterations, and showing the leased premises to prospective tenants or purchasers. Landlord may access the leased premises after Tenant's normal business hours if: (1) entry is made with Tenant's permission; or (2) entry is necessary to complete emergency repairs. Landlord will not unreasonably interfere with Tenant's business operations when accessing the leased premises. B. During the last 30 days of this lease, Landlord may place a "For Lease" or similarly worded sign in the leased premises. 13. MOVE-IN CONDITION: Tenant has inspected the leased premises and accepts it in its present (as-is) condition unless expressly noted otherwise in this lease or in an addendum. Landlord and any agent have made-nQ es r�-cL implied warranties-asAl2Ahe conditioner erg use-Q{-the leased premises Property. 14. MOVE-OUT CONDITION AND FORFEITURE OF TENANT'S PERSONAL PROPERTY: A. At the time this lease ends, Tenant will surrender the leased premises in the same condition as when received, except for normal wear and tear. Tenant will leave the leased premises in a clean condition free of all trash, debris, personal property, hazardous materials, and environmental contaminants. B. If Tenant leaves any personal property in the leased premises after Tenant surrenders possession of the leased premises, Landlord may: (1) require Tenant, at Tenant's expense, to remove the personal property by providing written notice to Tenant; or (2) retain such personal property as forfeited property to Landlord. C. "Surrender" means vacating the leased premises and returning all keys and access devices to Landlord. "Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or abuse. D. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all fixtures that were placed on the Property or leased premises by or at the request of Tenant. Any fixtures that Landlord does not require Tenant to remove become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. 15. MAINTENANCE AND REPAIRS: A. Cleaning: Tenant must keep the leased premises clean and sanitary and promptly dispose of all garbage in appropriate receptacles. ❑ Landlord a Tenant will provide, at its expense, janitorial services to the leased premises that are customary and ordinary for the property type. Tenant will maintain any grease trap on the Property which Tenant uses, including but not limited to periodic emptying and cleaning, as well as making any modification to the grease trap that may be necessary to comply with any applicable law. (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 7 of 15 Produced with ZipForrTO by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.z*pLogqx.com D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT. B. Repairs of Conditions Caused by a Party: Each party must promptly repair a condition in need of repair that is caused, either intentionally or negligently, by that party or that party's guests, patrons, invitees, contractors or permitted subtenants. C. Repair and Maintenance Responsibility: Except as otherwise provided by this Paragraph 15, the party designated below, at its expense, is responsible to maintain and repair the following specified items in the leased premises (if any). The specified items must be maintained in clean and good operable condition. If a governmental regulation or order requires a modification to any of the specified items, the party designated to maintain the item must complete and pay the expense of the modification. The specified items include and relate only to real property in the leased premises. Tenant is responsible for the repair and maintenance of its personal property. (Check all that apply.) VILA Landlord Tenant (1) Foundation, exterior walls, roof, and other structural components....❑ 0 ❑ (2) Glass and windows ...........................................................................❑ ❑ 0 (3) Fire protection equipment and fire sprinkler systems........................❑ ❑ 0 (4) Exterior & overhead doors, including closure devices, molding, locks, and hardware .........................................................................❑ ❑ 0 (5) Grounds maintenance, including landscaping and irrigation systems ............................................................................................0 ❑ 0 (6) Interior doors, including closure devices, frames, molding, locks, andhardware ...................................................................................❑ ❑ 0 (7) Parking areas and walks ...................................................................❑ ❑ ❑ (8) Plumbing systems, drainage systems and sump pumps ..................❑ ❑ 0 (9) Electrical systems, mechanical systems ..........................................❑ ❑ 0 (10) Ballast and lamp replacement ..........................................................❑ ❑ 0 (11) Heating, Ventilation and Air Conditioning (HVAC)systems ..............❑ ❑ 0 (12) Signs and lighting: (a) Pylon ...........................................................................................❑ ❑ 0 (b) Facia ...........................................................................................❑ ❑ 0 (c) Monument ...................................................................................❑ ❑ 0 (d) Door/Suite ...................................................................................Cl ❑ 0 (e) Other: .............❑ ❑ 0 (13) Extermination and pest control, excluding wood-destroying insects ❑ ❑ 0 (14) Fences and Gates ............................................................................❑ ❑ d (15) Storage yards and storage buildings.................................................❑ ❑ 0 (16) Wood-destroying insect treatment and repairs .................................❑ 0 ❑ (17) Cranes and related systems .............................................................0 ❑ ❑ (18) ❑ ❑ (19) ❑ ❑ (20) All other items and systems. ............................................................. ❑ d D. Repair Persons: Repairs must be completed by trained, qualified, and insured repair persons. E. HVAC Service Contract: If Tenant maintains the HVAC system under Paragraph 15C(11), Tenant 0 is ❑ is not required to maintain, at its expense, a regularly scheduled maintenance and service contract for the HVAC system. The maintenance and service contract must be purchased from a HVAC maintenance company that regularly provides such contracts to similar properties. If Tenant fails to maintain a required HVAC maintenance and service contract in effect at all times during this lease, Landlord may do so and Tenant will reimburse Landlord for the expense of such maintenance and service contract or Landlord may exercise Landlord's remedies under Paragraph 20. (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 8 of 15 Produced with ZipForm@ by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zipLQg'x 2 D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT. F. Common Areas: Landlord will maintain any common areas in the Property in a manner as Landlord determines to be in the best interest of the Property. Landlord will maintain any elevator and signs in the common area. Landlord may change the size, dimension, and location of any common areas, provided that such change does not materially impair Tenant's use and access to the leased premises. Tenant has the non-exclusive license to use the common areas in compliance with Landlord's rules and regulations. Tenant may not solicit any business in the common areas or interfere with any other person's right to use the common areas. This paragraph does not apply if Paragraph 2A(2)applies. G. Notice of Repairs: Tenant must promptly notify Landlord of any item that is in need of repair and that is Landlord's responsibility to repair. All requests for repairs to Landlord must be in writing. H. Failure to Re air: Landlord must make a repair for which Landlord is responsible within a reasonable period of time after Tenant provides Landlord written notice of the needed repair. If Tenant fails to repair or maintain an item for which Tenant is responsible within 10 days after Landlord provides Tenant written notice of the needed repair or maintenance, Landlord may: (1) repair or maintain the item, without liability for any damage or loss to Tenant, and Tenant must immediately reimburse Landlord for the cost to repair or maintain; or(2)exercise Landlord's remedies under Paragraph 20. 16. ALTERATIONS: A. Tenant may not alter (including making any penetrations to the roof, exterior walls or foundation), improve, or add to the Property or the leased premises without Landlord's written consent. Landlord will not unreasonably withhold consent for the Tenant to make reasonable non-structural alterations, modifications, or improvements to the leased premises. B. Tenant may not alter any locks or any security devices on the Property or the leased premises without Landlord's consent. If Landlord authorizes the changing, addition, or rekeying of any locks or other security devices, Tenant must immediately deliver the new keys and access devices to Landlord. C. If a governmental order requires alteration or modification to the leased premises, the party obligated to maintain and repair the item to be modified or altered as designated in Paragraph 15 will, at its expense, modify or alter the item in compliance with the order and in compliance with Paragraphs 16A and 17. D. Any alterations, improvements, fixtures or additions to the Property or leased premises installed by either party during the term of this lease will become Landlord's property and must be surrendered to Landlord at the time this lease ends, except for those fixtures Landlord requires Tenant to remove under Paragraph 11 or 14 or if the parties agree otherwise in writing. 17. LIENS: Tenant may not do anything that will cause the title of the Property or leased premises to be encumbered in any way. If Tenant causes a lien to be filed against the Property or leased premises, Tenant will within 20 days after receipt of Landlord's demand: (1) pay the lien and have the lien released of record; or (2) take action to discharge the lien. Tenant will provide Landlord a copy of any release Tenant obtains pursuant to this paragraph. 18. LIABILITY: To the extent permitted by law. Landlord is NOT responsible to Tenant or Tenant's employees- patrons- guests,or invitees for any damages, inj trL ies, or losses to person or property caused by@ A. an act. omission, or neglect of: Tenant: Tenant's agents Tenant's guest; Tenant's employees; Tenant's ate; Tenant' invit ; or any other tenant on the Proms B. ftm flood. water leaks. ice. snow. hail. winds. explosion- smoke—, strike. interru tion_Q{ utilities. the& burglary robbery. assault. vandalism. other persons. environmental contaminants. _L other occurrences or casuaU losses. (TAR-2101)1-26-10 Initialed for Identification by Landlord: and Tenant: Page 9 of 15 Produced with ZipForm@ by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www zi I iY.nm D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT WILL BE RESPONSIBLE FOR 19. INDEMNITY: Each party y c elr!,gQ apd hnid thn -thap par y hara16& JW& anv property damage, personal suits, actions. liabilities. damages, cost�f r� r�_oL service��leased �remises� Property.4C av other loss caused, negligently_ x otherwiseJ2y that-RadX.92 that na ; 's employees, patrons, guests, or invitees. CAUSED 20. DEFAULT: A. If Landlord fails to comply with this lease within 30 days after Tenant notifies Landlord of Landlord's failure to comply, Landlord will be in default and Tenant may seek any remedy provided by law. If, however, Landlord's non-compliance reasonably requires more than 30 days to cure, Landlord will not be in default if the cure is commenced within the 30-day period and is diligently pursued. B. If Landlord does not actually receive at the place designated for payment any rent due under this lease within 5 days after it is due, Tenant will be in default. If Tenant fails to comply with this lease for any other reason within 10 days after Landlord notifies Tenant of its failure to comply, Tenant will be in default. see-9 remeAies as provideA �_-Y Tex" ICLW. C. If Tenant is in default, Landlord ma , accelerate all rents which are payable during the remainder of this lease or any renewal per' Landlo ill attempt to mitigate any damage or loss caused by Tenant's breach by using co rcially reasonable s. If Tenant is in default, Tenant will be liable for: (1) any lost rent; (2) Landlord's cost of re Nkqq the leased premises, including brokerage , advertising fees, and other fees necessary to rel?tilaQ leased premises; (3) repairs to the leased premises for beyond normal wear ear; (4) all Landlord's costs associated with ev of Ten uch as attorney's fees, court costs, and prejudgment interest; (5) all Landlord's costs associated with coll of r uch as collection fees, late charges, and returned check charges; (6) cost of removing any of Tena ' quipment or fixtures left on the ed premises or Property; (7) cost to remove any , debris, personal property, hazardous rials, or environmental contaminants le enant or Tenant's employees, patrons, guests, or ees in the leased premises or erty; (8) cost ace any unreturned keys or access devices to the leased premises, parkin as, or erty; 21. ABANDONMENT, INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY, AND LOCKOUT: Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c) removal of Tenant's property; and (d) "lock-out"of Tenant. 22. HOLDOVER: If Tenant fails to vacate the leased premises at the time this lease ends, Tenant will become a tenant-at-will and must vacate the leased premises immediately upon receipt of demand from Landlord. No holding over by Tenant, with or without the consent of Landlord, will extend this lease.Tenant will _ Rent for any holdover period will be 150% of the base monthly rent plus any additional rent calculated on a daily basis and will be immediately due and payable daily without notice or demand. (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 10 of 15 Produced with ZipFormOD by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zipLo9lx.com D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT 23. LA AND SECURITY INTEREST: To secure Tenant's performance and , Tenant gra ts to Land Ior_d-J!1Mnnm%I,-�ritv against a 1 rif Tannn P Personal pi that the leased premises or on the Pro ecurity agreement for the purposes of the Uniform Commercial C ay Ile a financing statement o d's security interest ommercial Code. 24. ASSIGNMENT AND SUBLETTING: Landlord may assign this lease to any subsequent owner of the Property. Tenant may not assign this lease or sublet any part of the leased premises without Landlord's written consent. An assignment of this lease or subletting of the leased premises without Landlord's written consent is voidable by Landlord. If Tenant assigns this lease or sublets any part of the leased premises, Tenant will remain liable for all of Tenant's obligations under this lease regardless if the assignment or sublease is made with or without the consent of Landlord. 25. RELOCATION: d A. By providing Tenant with not less than 90 days advanced written notice, Landlord may require Tenant to relocate to another location in the Property, provided that the other location is equal in size or larger than the leased premises then occupied by Tenant and contains similar leasehold improvements. Landlord will pay Tenant's reasonable out-of-pocket moving expenses for moving to the other location. "Moving expenses" means reasonable expenses payable to professional movers, utility companies for connection and disconnection fees, wiring companies for connecting and disconnecting Tenant's office equipment required by the relocation, and printing companies for reprinting Tenant's stationary and business cards. A relocation of Tenant will not change or affect any other provision of this lease that is then in effect, including rent and reimbursement amounts, except that the description of the suite or unit number will automatically be amended. d B. Landlord may not require Tenant to relocate to another location in the Property without Tenant's prior consent. 26. SUBORDINATION: A. This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (1) any lien, encumbrance, or ground lease now or hereafter placed on the leased premises or the Property that Landlord authorizes; (2) all advances made under any such lien, encumbrance, or ground lease; (3) the interest payable on any such lien or encumbrance; (4) any and all renewals and extensions of any such lien, encumbrance, or ground lease; (5) any restrictive covenant affecting the leased premises or the Property; and (6) the rights of any owners'association affecting the leased premises or Property. B. Tenant must, on demand, execute a subordination, attornment, and non-disturbance agreement that Landlord may request that Tenant execute, provided that such agreement is made on the condition that this lease and Tenant's rights under this lease are recognized by the lien-holder. A. Within 10 day i t of a written request from Landlord, execute and deliver to Landlord an estoppel certifica . Ies the ter I Ions of this lease. B. Within 30 days after re ' en request from Landlor rovide to Landlord Tenant's current fin ation (balance sheet and income statement). Landlor the financial a Ion no more frequently than once every 12 months. (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 11 of 15 Produced with ZipForrrO by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.z*pLoo'x.com D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT. 28. CASUALTY LOSS: A. Tenant must immediately notify Landlord of any casualty loss in the leased premises. Within 20 days after receipt of Tenant's notice of a casualty loss, Landlord will notify Tenant if the leased premises are less than or more than 50% unusable, on a per square foot basis, and if Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss. B. If the leased premises are less than 50% unusable and Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty, Landlord will restore the leased premises to substantially the same condition as before the casualty. If Landlord fails to substantially restore within the time required, Tenant may terminate this lease. C. If the leased premises are more than 50% unusable and Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty, Landlord may: (1) terminate this lease; or (2) restore the leased premises to substantially the same condition as before the casualty. If Landlord chooses to restore and does not substantially restore the leased premises within the time required, Tenant may terminate this lease. D. If Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss, Landlord may: (1) choose not to restore and terminate this lease; or (2) choose to restore, notify Tenant of the estimated time to restore, and give Tenant the option to terminate this lease by notifying Landlord within 10 days. E. If this lease does not terminate because of a casualty loss, rent will be reduced from the date Tenant notifies Landlord of the casualty loss to the date the leased premises are substantially restored by an amount proportionate to the extent the leased premises are unusable. 29. CONDEMNATION: If after a condemnation or purchase in lieu of condemnation the leased premises are totally unusable for the purposes stated in this lease, this lease will terminate. If after a condemnation or purchase in lieu of condemnation the leased premises or Property are partially unusable for the purposes of this lease, this lease will continue and rent will be reduced in an amount proportionate to the extent the leased premises are unusable. Any condemnation award or proceeds in lieu of condemnation are the property of Landlord and Tenant has no claim to such proceeds or award. Tenant may seek compensation from the condemning authority for its moving expenses and damages to Tenant's personal property. "r4 ', end' le^ej +orne s fets s/,.lf be ce„+rallecl 6 Tuas law, 30. ATTORNEY'S FEES: 31. REPRESENTATIONS: A. Tenant's statements in this lease and any application for rental are material representations relied upon by Landlord. Each party signing this lease represents that he or she is of legal age to enter into a binding contract and is authorized to sign the lease. If Tenant makes any misrepresentation in this lease or in any application for rental, Tenant is in default. B. Landlord is not aware of any material defect on the Property that would affect the health and safety of an ordinary person or any environmental hazard on or affecting the Property that would affect the health or safety of an ordinary person, except: (TAR-2101) 1-26-10 Initialed for Identification by Landlord: and Tenant: Page 12 of 15 Produced with ZipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 momm2j9I agiY com D.DERHAROUTI 8155 PHELAN Commercial Lease concerning: BEAUMONT C. Each party and each signatory to this lease represents that: (1) it is not a person named as a Specially Designated National and Blocked Person as defined in Presidential Executive Order 13224; (2) it is not acting, directly or indirectly, for or on behalf of a Specially Designated and Blocked Person; and (3) is not arranging or facilitating this lease or any transaction related to this lease for a Specially Designated and Blocked Person. Any party or any signatory to this lease who is a Specially Designated and Blocked person will indemnify and hold harmless any other person who relies on this representation and who suffers any claim, damage, loss, liability or expense as a result of this representation. 32. BROKERS: A. The brokers to this lease are: G. W. PROPERTIES Principal Broker License No. Cooperating Broker License No. jg:LLI MANESS Agent Agent Address Address 409 673-6333 one Fax Phone Fax kbmaness@hotmail.com E-Mail License No. E-Mail License No. Principal Broker: (Check only one box) Cooperating Broker represents Tenant, Q represents Landlord only, ❑ representsTenant only. ❑ is an intermediary between Landlord and Tenant. B. Eem: 0 (1) Principal Broker's fee will be paid according to: (Check only one box). Q (a) a separate written commission agreement between Principal Broker and: Landlord ❑ Tenant. ❑ (b) the attached Addendum for Broker's Fee. r ❑ (2) Cooperating Broker's fee will be paid according to: (Check only one box). ❑ (a) a separate written commission agreement between Cooperating Broker and: t ❑ Principal Broker ❑ Landlord ❑ Tenant. ❑ (b) the attached Addendum for Broker's Fee. 33. ADDENDA: Incorporated into this lease are the addenda, exhibits and other information marked in the Addenda and Exhibit section of the Table of Contents. if Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at its discretion, amend from time to time. v s 34. NOTICES: All notices under this lease must be in writing and are effective when hand-delivered, sent by mail, or sent by facsimile transmission to: i Landlord at: David Derharoutian 'Q Address: 8114 High Terrace, Sucar Land Texas 77479 Phone: Fax: and a copy to:David Derharoutian Address: e-mail: devil- iron! * 1/_ 3113—5f 6(v Phone. Fax: ❑ Landlord also consents to receive notices by e-mail at: (TAR-2101)1-26-10 Initialed for Identification by Landlord: and Tenant: Page 13 of 15 Produced with ZipFormO by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www 7"ipl ag is corn D.DERHAROUTI