HomeMy WebLinkAboutRES 11-186 RESOLUTION NO. 11-186
WHEREAS,the Beaumont Independent School District has agreed to convey a ten
(10)foot wide exclusive water line easement, said easement being out of the J.A. Veatch
Survey, Abstract No. 55, as described in Exhibit "A" and shown on Exhibit "B," attached
hereto, to the City of Beaumont for the purpose of providing water and fire protection
services for Bingman Elementary School located at 5265 South Kenneth Street and
allowing for the construction, alteration, operation and maintenance of said water lines
and appurtenances; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and
THAT the easement conveyed by the Beaumont Independent School District, as
described in Exhibit "A" and shown on Exhibit "B," be and the same is hereby, in all
things, accepted.
PASSED BY THE CITY COUNCIL of the City f Beaumont this the 28th day of
tY Y
June, 2011.
M yor Be&y Ames -
y
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, BEAUMONT INDEPENDENT SCHOOL DISTRICT,of the County of
Jefferson, State of Texas,hereinafter called "GRANTOR",whether one or more, for and in
consideration of the sum of ONE AND NO/]00 DOLLAR($1.00), and other good and valuable
consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation
domiciled in Jefferson County, Texas,hereinafter called "GRANTEE",the receipt and
sufficiency of which consideration is hereby acknowledged,has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF
BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704,Jefferson County, Texas, its
successors and assigns,an easement to use,repair, alter,and maintain a single underground
water line and appurtenances on the hereinafter described lands which said easement is under,
over, in and across that certain tract or parcel of land owned by GRANTOR situated in the
County of Jefferson, State of Texas, and being more particularly described in Exhibit"A",
attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate
the water line as needed for Grantor's use of the property provided the relocation is at Grantor's
expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled
representative.
The easement herein granted shall be used for the purpose of operating,repairing,
rebuilding, replacing,relocating, and removing a water line as needed for operation of Grantor's
facilities on the property. The easement shall be exclusive insofar as use of the easement land for
underground utilities is concerned,but Grantor reserves the right to use the surface of the
easement land for vehicular parking,driveways, landscaping, fencing,and other surface uses that
EXHIBIT"A"
will not interfere with or damage the water line. Grantor shall have the right to pave all or any
portion of the surface of the easement land, but no permanent structures or buildings will be
constructed on the easement land. Grantor will install the water line at a depth that will not be
damaged by the contemplated use of the surface by Grantor.
It is expressly understood and agreed that the City of Beaumont shall have the right of
access to the water line and appurtenances at all reasonable times to improve, maintain and
operate the same as permitted by law, and will attempt to use existing driveways and that portion
of Grantor's property that is immediately adjacent to the water line. Non-emergency
maintenance and repairs will be with 48 hours prior notice to Grantor.
Grantor will be responsible for the initial installation or construction of the water line on
Grantor's property in accordance with the plans and specifications included in the utility plan at
Grantor's expense. After initial construction of the water line and acceptance by Grantee,
Grantee will be responsible for maintenance and repair of the water line and appurtenances at
Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the
water line that will interfere with the use of the Easement for water line purposes.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures that may be damaged by Grantee's non-negligent maintenance or repair of the water
line and appurtenances.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of ,2011.
BEAUMONT INDEPENDENT SCHOOL DISTRICT
By:
Dr. Carrol Thomas, Superintendent
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol
Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me
to be the person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT
SCHOOL DISTRICT, and that he executed the same for the purposes and consideration
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of 2011.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy-Engineering
P.O.Box 3827
Beaumont,TX 77704
Ff"M&Shipman
INC.
Consulting Engineery and Land Surveyors
Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987)
EXHIBIT"A',PAGE 1 OF 3 Terry G.Shipman,Chairman of Board
CENTERLINE DESCRIPTION Billy J.Smith,Jr.,President
OF A Donald R.King,P.E.
Michelle Falgout,P.F-
It lip
10' WIDE EXCLUSIVE WATER LINE EASEMENT Walter J."azek,R.P.L.S.
OUT OF THE
J.A VEATCH SURVEY,ABSTRACT 55
JEFFERSON COUNTY,TEXAS
JUNE 14,2011
REVISED: JUNE 17,2011
That certain centerline description for a 10'wide exclusive water line easement,5.0' on each
side of centerline, out of the J. A. Veatch Survey, Abstract 55, and being out a tract conveyed to
Beaumont ISD(aka South Park iSD), Tax Account#234221-000-005100-00000-3 Jefferson
County, Texas (being called Bingman Elementary), said centerline being more particularly
described by the following courses and distances:
Note: Basis of Bearings is the southwesterly line of Marmion Place, a plat recorded in Volume
4, Page 111 of the Map Records of Jefferson County,Texas and the northeasterly line of said
Bingman Elementary having been called South 27 040'00" East.
COMMENCING at a 1" iron pipe found in the southeasterly right-of-way line of West Florida
Avenue, the northeasterly line of a tract conveyed to Florida Street Baptist Church, Inc. as
recorded in Volume 696, Page 251 of the Deed Records of Jefferson County, Texas and the
southwesterly line of said Marmion Place from which a point in the northwesterly line of Lot 24,
Block 4 of Hiltebrandt Addition, a plat recorded in Volume 4, Page 104 of the Map Records of
Jefferson County, Texas for the south corner of Lot 12 of said Marmion Place and the east
comer of the said Bingman Elementary tract bears South 27°40'00" East 578.77 feet(called
South 27°40'00" East);
THENCE South 89°50'52"West along the said southeasterly right-of-way line of West Florida
Avenue, at a distance of 152.50 feet pass a point in the southwesterly line of the said Florida
Street Baptist Church tract, and continuing a total distance of 157.13 feet to a point for the
POINT OF BEGINNING of the said centerline of the 10'wide exclusive water line easement
THENCE along the said centerline with the following courses and distances:
South 03 023'00"West a distance of 1.63 feet to an angle point;
South 19°07'00" East a distance of 182.19 feet to an angle point;
South 30°17'21" East a distance of 67.22 feet to an angle point;
South 59 038'00"West a distance of 58.37 feet to an angle point;
South 26°08'00"West a distance of 98.90 feet to an angle point;
South 07 052'00" East a distance of 205.54 feet to an angle point;
South 82 008'00"West a distance of 122.40 feet to an angle point;
FITTZ&SHIPMAN,INC.
Project No.09048Task 27wtresmt
Plat&Description
1405 Cornerstone Court• Beaumont,Texas 77706 - (409)832-7238-fax(409)832-7303
Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No.100186
EXHIBIT "A",PAGE 2 OF 3
South 59°38'00"West a distance of 55.11 feet to a point for the POINT OF TERMINATION of
the said centerline in the northeasterly right-of-way line of South Kenneth Street and the
southwesterly line of the said Bingman Elementary tract from which a point at the
Intersection of the said northeasterly right-of-way line of South Kenneth Street and the
northwesterly right-of-way line of Winfree Street for the south corner of the said Bingman
Elementary tract bears South 27°50'12" East 188.27 feet
This description is based on a survey and plat made by Fittz&Shipman, Inc. on February 22,
2011.
C'V 00FT "
Walter J. Ksiazek *:J'"�:
Registered Professional and Surve or No. 5321 *• �'�'IPQFG�
WALTER J. KSIAZC-
i
FITTZ&SHIPMAN,INC.
Project No.09048Task 27wtresmt
Plat&Description
EXHIBIT me. PAGE 3 OF 3 cx> EN G VMARMPDN1 PLACE s s 7
wavEYOR's CERTIFICATION: (m os )
FONT 1 2 3 4 I( s 2T •E) 8 9 10 11 S 2 1�
I DO HEREBY CERTIFY, TO THE KST OF 4Y MOV&EOGE AND SEUEF, FOUND 1' T4000 7 77 I HILLEBRANDT ADDITION
ON THE GROUND UNDER MY PLAT
UPERI4SION ON FMRUARY32.2011. IRON PIPE 131.57 447.2E
BLOCK 4
VOL 4,PO.104,Y.R.4CG
s4T.zo) LOT 24 LOT 23
yry� b�
WALTER J.KSIAZEIC �' FLORIDA STREET ESPAR STREET
REGISTERED PRMS90NAL RUfYOR NO.5321 BAPTIST CHURCH. INC.
C2 VOL 696,PG.251,O.R.J.C.
*qE aP TE POINT OF ( S;Broroo• BIN AN PL ICE
A
g• 13 •.,,',�a
KGINNING BLOCK 1
* ; ' SO•. # 10' O(C�.U9VE j Z-———-- r VOL 7. tss u. ac.
r..»...*......s.. WATER LINE U t I
WALTER J.KSIAZE_K EASEIMENT LOT 1 LOT 2 LOT 3
MY•'P JS32t �;� =J� #\I\ CEITERLJ14E
• $1 .• \\ 10' EXCLUSIVE
••.••• WATER LINE
' suR�'�° 4i�\ EASIaR�Nr VANFREE STREET
NUMBER jWtECTION DISTANCE tI;i
Ll Is 03""001 w IA3 A` ts� f5
L2 T r " E t 19 ti `���� rn
L3 S 30'1 21' E 87
L4 S59 w 5!1.37 BEAUMONT ISO ^� / � m
L5 S OQ w 88 90
BINGMAN ELEMENTARY SCHOOL
S E 205 54 ACCT/2.74221-000-005100-DODOO-3 .i
l7 S 00 w t 40 / PST OF Z ~
L8 S 593800' w 55.11 1ER1181A7ION m
1W EXCLUSIVE _
WATER LINE X
5) 1 EASEMENT Uj
188.27
S 27'5012' E 44408
SOUTH KENNETH STREET
50 Fitz Shipman 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHUT 0.
a a
PROMT XsiEi: BISD
BINGMAN ELEMENTARY PROJECT NO.
1405 NONE COURT.8EAW10NT.TEYAS BEAUMON7, TEXAS 0904$
a\PRO EcTS\o904a\TASK v-Bingmon wctenlna Esmt\o9oa5T27.Owq Jun l6.2011 10 56om
(409)832-7236 FAX(409)632-7303 ]�'1$;6 14-11 TASK 27
EAS 2011825360
7 PGS
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT,BEAUMONT INDEPENDENT SCHOOL DISTRICT,of the County of
Jefferson, State of Texas,hereinafter called"GRANTOR",whether one or more, for and in
consideration of the sum of ONE AND NO 1100 DOLLAR($1.00), and other good and valuable
consideration to it in hand paid by the CITY OF BEAUMONT,a municipal corporation
domiciled in Jefferson County,Texas,hereinafter called "GRANTEE",the receipt and
sufficiency of which consideration is hereby acknowledged,has GRANTED,SOLD and
CONVEYED,and by these presents does GRANT,SELL and CONVEY unto the CITY OF
BEAUMONT,P. O. Box 3 827,Beaumont,Texas 77704,Jefferson County,Texas,its
successors and assigns,an easement to use,repair,alter,and maintain a single underground
waxer line and appurtenances on the hereinafter described lands which said easement is under,
over, in and across that certain tract or parcel of land owned by GRANTOR situated in the
County of Jefferson, State of Texas, and being more particularly described in Exhibit"A",
attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate
the water line as needed for Grantor's use of the property provided the relocation is at Grantor's
expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled
representative.
The easement herein granted shall be used for the purpose of operating,repairing,
rebuilding,replacing,relocating,and removing a water line as needed for operation of Grantor's
facilities on the property. The easement shall be exclusive insofar as use of the easement land for
underground utilities is concerned,but Grantor reserves the right to use the surface of the
easement land for vehicular parking,driveways, landscaping, fencing, and other surface uses that
will not interfere with or damage the water line. Grantor shall have the right to pave all or any
portion of the surface of the easement land,but no permanent structures or buildings will be
constructed on the easement land. Grantor will install the water line at a depth that will not be
damaged by the contemplated use of the surface by Grantor.
It is expressly understood and agreed that the City of Beaumont shall have the right of
access to the water line and appurtenances at all reasonable times to improve,maintain and
operate the same as permitted by law,and will attempt to use existing driveways and that portion
of Grantor's property that is immediately adjacent to the water line.Non-emergency
maintenance and repairs will be with 48 hours prior notice to Grantor.
Grantor will be responsible for the initial installation or construction of the water line on
Grantor's property in accordance with the plans and specifications included in the utility plan at
Grantor's expense. After initial construction of the water line and acceptance by Grantee,
Grantee will be responsible for maintenance and repair of the water line and appurtenances at
Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the
water line that will interfere with the use of the Easement for water line purposes.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures that may be damaged by Grantee's non-negligent maintenance or repair of the water
line and appurtenances.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT,its successors and assigns forever.
EXECUTED this 029 day of qa-vr '2011.
BEAUMONT INDEPENDENT SCHOOL DISTRICT
By
Dr. CaMI Thomas,Su nnT-
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol
Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me
to be the person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT
SCHOOL DISTRICT, and that he executed the same for the purposes-and consideration
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Ad dayat�r_
of 2011. �Q
09A �h
Notary Public,State o Texas
RETURN TO:
City of Beaumont , NA TtiOMPSON
Antoinette Hardy-.Engineering Notary Public,state of Texas
P.0.Box 3827 +. MyF commission Expires
Beaumont,TX 77704
Fttz&Shipman
INC.
Consulting Engineers and Land Surveyors
EXHIBIT "A" PAGE 1 OF 3 Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987
Terry G.Shipman,Chairman of Board
CENTERLINE DESCRIPTION Billy).Smith,Jr.,President
OF A Donald R.King,P.E.
Michelle Falgout,P.E
10' WIDE EXCLUSIVE WATER LINE EASEMENT Walter).Ksiazek,R.P.L.S.
OUT OF THE
J.A VEATCH SURVEY,ABSTRACT 55
JEFFERSON COUNTY,TEXAS
JUNE 14,2011
REVISED: JUNE 17,2011
That certain centerline description for a 10'wide exclusive water line easement, 5.0' on each
side of centerline, out of the J. A. Veatch Survey, Abstract 55, and being out a tract conveyed to
Beaumont ISD (aka South Park ISD), Tax Account#234221-000-005100-00000-3 Jefferson
County, Texas (being called Bingman Elementary), said centerline being more particularly
described by the following courses and distances:
Note: Basis of Bearings is the southwesterly line of Marmion Place, a plat recorded in Volume
4, Page 111 of the Map Records of Jefferson County, Texas and the northeasterly line of said
Bingman Elementary having been called South 27°40'00" East.
COMMENCING at a 1" iron pipe found in the southeasterly right-of-way line of West Florida
Avenue, the northeasterly line of a tract conveyed to Florida Street Baptist Church, Inc. as
recorded in Volume 696, Page 251 of the Deed Records of Jefferson County, Texas and the
southwesterly line of said Marmion Place from which a point in the northwesterly line of Lot 24,
Block 4 of Hillebrandt Addition, a plat recorded in Volume 4, Page 104 of the Map Records of
Jefferson County, Texas for the south corner of Lot 12 of said Marmion Place and the east
comer of the said Bingman Elementary tract bears South 27°40'00" East 578.77 feet(called
South 27 040'00" East);
THENCE South 89°50'52"West along the said southeasterly right-of-way line of West Florida
Avenue, at a•distance of 152.50 feet pass a point in the southwesterly line of the said Florida
Street Baptist Church tract, and continuing a total distance of 157.13 feet to a point for the
POINT OF BEGINNING of the said centerline of the 10'wide exclusive water line easement
THENCE along the said centerline with the following courses and distances:
South 03 023'00"West a distance of 1.63 feet to an angle point;
South 19 007'00" East a distance of 182.19 feet to an angle point;
South 30 017'21" East a distance of 67.22 feet to an angle point;
South 59°38'00"West a distance of 58.37 feet to an angle point;
South 26°08'00"West a distance of 98.90 feet to an angle point;
South 07 052'00" East a distance of 205.54 feet to an angle point;
South 82 008'00"West a distance of 122.40 feet to an angle point;
FITTZ&SHIPMAN,INC.
Project No.09048Task 27wtresmt
Plat&Description
1405 Cornerstone Court• Beaumont,Texas 77706• (409)832-7238-fax(409) 832-7303
Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186
EXHIBIT"A",PAGE 2 OF 3
South 59 038'00°West a distance of 55.11 feet to a point for the POINT OF TENATION of
the said centerline in the northeasterly right-of-way line of South Kenneth Street and the
southwesterly line of the said Bingman Elementary tract from which a point at the
Intersection of the said northeasterly right-of-way line of South Kenneth Street and the
northwesterly right-of-way line of Winfree Street for the south comer of the said Bingman
Elementary tract bears South 27°50'12" East 188.27 feet
This description is based on a survey and plat made by Fittz&Shipman, Inc. on February 22,
2011.
400�� •
0
Walter J. Ksiaze
Registered Professional Land Sury yor No. 5321 WALTER J. XS1AZF.t
FITTZ&SHIPMAN,INC.
Project No.09048Task 27wtresmt
Plat&Description
EXHIBIT "A", PAGE 3 OF 3 MARMION PLACE
COMMENCING VOL. 4, PG. 111, M.R.J.C. 5 6 7
SURVEYOR'S CERTIFICATION: (BASIS OF BEAR NGS)
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, FOUND 1"POINT 1 2 3 4 8 9 10 11 12
(CAL S 7'40' 0" E)
THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE IRON PIPE S 274.00 00- E 578.77 HILLEBRAl NDT ADDITION
ON THE GROUND UNDER MY SUPERVISION ON FEBRUARY 22, 2011. 131.57 447.20 BLOCK 4
y1 (CALLED 447.20) VOL. 4, PG.1104, M.R.J.C.
LOT 24 LOT 23
.4) 4N
h^• FLORIDA STREET
PRO
WALTER J. KEK °j ^� BAPTIST CHURCH, INC. ESPAR STREET
REGISTERED PROFESSIONAL SURVEYO 53 �
Gj VOL 696, PG. 251• D.R.J.C.
�1IL OF T
* POINT OF ,907'00•
°•a- (CALLED S
E), BIN MAN PL CE
* * . * BEGINNING — — — __ _ BLOCK 1
J. K3�IAZFM0' EXCLUSIVE L1 —— I VOL 7. PG. 155, M. .J.C.
WATER LINE
ow # 4 EASEMENT L3 F-I I LOT 1 LOT 2 LOT 3
• II
l,��+••••••OP J `\ CENTERLINE
10' EXCLUSIVE
E�IELINNT WINFREE STREET
LLI
NUMBER DIRECTION DISTANCE �v Ld
L1 S 0373'00" W 1.63 t6
L2 S 19'07'00" E 182.19 fib 6 \
L3 S 30'17'21" E 67.22 / / Lv
L4 S 59 38'00" W 58.37 BEAUMONT ISD Uj
L5 IS 26'08'00" W 198.90 w
BINGMAN ELEMENTARY SCHOOL ^ LA-
L6 S 07"52 00 E 1205.54 ACCT #234221-000-005100-00000-3 v/�/ Z
L7 S 82'08'00" W 1122.40 / / TERMINATION POINT F
L8 S 59'38'00" W 55.11 / /
10' EXCLUSIVE
WATER LINE
II EASEMENT
co
188.27
S 27'5012 E 444.06
SOUTH KENNETH STREET
F��i� plYt�n 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO.
IIIIIIII-im 0 50 1 0 J
L �, P'ROJSCT NA1t�: BISD
BINGMAN ELEMENTARY PROJECT NO.
+ 1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS
Q:\PROJECTS\09048\TASK 27—Bingman Waterline Esmt\09048T27.dwg Jun 17, 2011 08:28am (409) 832-7238 FAX (409) 832-7303 09048
DATE: 6-14-11 TASK 27