HomeMy WebLinkAboutRES 11-194 RESOLUTION NO. 11-194
WHEREAS,the Beaumont Independent School District has agreed to convey a ten
(10)foot wide exclusive water line easement, said easement being out of the A. Houston
League, Abstract No. 33, 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 Westbrook High School located at 8750 Phelan Boulevard 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 of Beaumont this the 12th day of July,
2011.
yor Becky Ames -
F ¢
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 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 therepair and replacement of an paving or other
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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
FIM&Shipman
INC.
Consulting Engineers and Land Surveyors
Ronald D.Atm,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.4%P.E.
Michelle Falgout,P.E.
10' WIDE EXCLUSIVE WATER LINE EASEMENT Walter).Ksiazek,R.P.L.S.
OUT OF THE
A. HOUSTON LEAGUE,ABSTRACT 33
JEFFERSON COUNTY,TEXAS
JUNE 28,2011
That certain centerline description for a 10'wide exclusive water line easement, 5.0' on each
side of centerline, out of the A. Houston League,Abstract 33, Jefferson County, Texas, and
being out of a called 100.00 acre tract conveyed to Beaumont ISD (aka South Park ISD) as
recorded in Volume 1492, Page 5 of the Deed Records of Jefferson County, Texas, said
centerline being more particularly described by the following courses and distances:
Note: Basis of Bearings is the west line of the said 100.00 acre tract having been called
North 00°09'19" East.
COMMENCING at a concrete monument found in the east line of a called 56.974 acre tract
conveyed to Jefferson County Drainage District No. 6 as recorded in Clerks File No.
2002013054 of the Official Public Records of Jefferson County, Texas and the west line of the
said 100.00 acre tract for the northwest corner of a called 1.194 acre tract conveyed to
Jefferson County Drainage District No. 6 as recorded in Clerks File No. 2002027331 of the
Official Public Records of Jefferson County, Texas from which a 318" iron rod found for the
northwest comer of the said 100:00 acre tract bears North 00 009'19" East 2809.55 feet(called
North 00 009'19" East) and from which a concrete monument found in the north right-of-way line
of Phelan Boulevard for the southwest corner of the said 1.194 acre tract bears South 00°09'19"
West 50.00 feet(called South 00 009'19"West 50.00 feet);
THENCE South 89°53'50" East along the north line of the said 1.194 acre tract a distance of
195.14 feet (called South 89°47'07" East)to a point for the POINT OF BEGINNING of the said
centerline of the 10'wide exclusive water fine easement;
THENCE along the said centerline with the following courses and distances:
North 00°02'22"West a distance of 515.34 feet to an angle point;
North 89 052'59"West a distance of 30.95 feet to an angle point;
North 03°09'45"West a distance of 26.04 feet to an angle point;
North 00 014'19"West a distance of 55.93 feet to an angle point;
North 00°15'05"West a distance of 49.05 feet to an angle point;
West a distance of 132.79 feet to an angle point;
North 00°12'00" East a distance of 367:62 feet to an angle point;
FI77Z&SHIPMAN,INC.
Project No.09048Task28wtresmt
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
North 89°59'50" East a distance of 34.08 feet to a point in the west line of a 10'wide
water line easement(No. 1)to the City of Beaumont in Resolution No. 08-234 of the City of
Beaumont Council Minutes for the POINT OF TERMINA77ON of the said centerline of the 10'
wide exclusive water line easement.
This description is based on a survey and plat made by Fittz&Shipman, Inc. during June 2011.
le)A&>t
Waller J. Ksiazek+;tq Registered Professional land Surveyor No. 5321 t 0 Tyr
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FITTZ&SHIPMAN,INC.
Project No.09048Task28wtresmt
Plat&Description
FOUND 3,8• EXHIBIT "A'. PAGE 3 OF 3
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VOL- 1510.PC. 365,O.R.J.C. L �-
POINT OF CITY I f BEAUMONT I
TERMINAnON CITY COUNCIL N0.MINUTES
L_
CITY COUNCIL MINUTES
CENTERUNE 10'WIDE WATER ESMT NO. 1 DISTANCE NUMBER OIRECTiON
I ] 10' WIDE EXCLUSIVE
i WATER LINE EASEMENT L1 N W 515,34
L2 N 89"52 59 W 30,95
I I L3 N 03W45" W 28.04
ENTE),INC. L4 N OO1419 W 55.93
VOL 1 2258,PG 273,EASEMENT L5 N 00'1505 W 49.05
II I) 10'ROW AND EASEMENT L6 WEST 132.79
I^ L7 IN 00'1200 E 367.62
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CENTERLINE L8 N 8959 50 E 134.08
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v"o I iI 'VOL 260,PC. 207
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I I VOL.1112,PG.808
D.R.J.C.
I i I SURVEYOR'S CERTIFICATION;
~ I DO HEREBY CERTIFY, TO THE BEST OF MY KNONED OE ANp IEF,
T14AT 71`15 15 AN ACCURATE PLAT OF A SURKY&(I o ^I I ON THE GROUND UNDER My SUPERVISION DURING JUNE 7K>r!BELMADE
'b n I WALTER J.KSIAZEK
REGISTERED PROFESSION LAND SUR .
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II COMMENCING '406 P'i6 POINT OF TM J. KSIAZEK
POINT / BEGMHJkiG I Q'12s-�f 10 WIDE EXCLUSIVE CENTE�IE
I WATER EASEMENT 10' MADE EXCLUSIVE FOUND TE T WATER LINE EASEMENT V�YEi
/ S 1 9'53'50" E 195.14
FOUND gp" JEFFERSON COUNTY DRAINAGE DISTRICT No 6
MONUMENT
CONCRETE IA CLERKS FIE NO.2002027531.O.P.R.J.C.
(CALLED 1.194 ACRES)
PHELAN BOULEVARD
Q\PROJECTS\0904B\TASK 28 Westbrook Fib"una W.L. EASMT\O904872&DW0 Jun 29, 2011 02:34"
., �► II�i)� 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET No-
M1C. PRDA= NAM BISD 3
WESTBROOK ELEMENTARY
1405 CORNERSTONE COURT. BEAUMONT.IEKAS BEAUMONT, TEXAS PROJECT NO.
EXHIBIT "BR (409)832-7238 FAX(409)832-7303
TJPE FRM/160•T.XL.S FMM/10086 DM 8-g8-11 09048 T28
EAS 2611925361
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 N01100 DOLLAR($1.00),and other good and valuable
consideration to it in hand paid by the CITY OF BEAUMONT,a municipal corporation
domiciled in Jefferson County,Texas,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
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 waxer 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 0 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 a day,&
of 2011.
Notary Public,State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy-Engineering rLANA THOMPSON
P.O.Box 3827 Notary Public,State of Texas
Beaumont,TX 77704 = My Commission Expires
February 24,2018
Fittz&Shipman
INC.
Consulting Engineers and Land Surveyors
Ronald D.Fittz,P.E.,R.P.L.S.(19484 987)
EXHIBIT "A",PAGE 1 OF 3 Terry G.Shipman,Chairman of Board
CENTERLINE DESCRIPTION Billy 1.Smith,Jr.,President
OF A Donald R.IGng,P.E.
Michelle Falgout,P.E.
10' WIDE EXCLUSIVE WATER LINE EASEMENT walterl.Ksiazek,R.P.L.S.
OUT OF THE
A. HOUSTON LEAGUE,ABSTRACT 33
JEFFERSON COUNTY,TEXAS
JUNE 28,2011
That certain centerline description for a 10' wide exclusive water line easement, 5.0' on each
side of centerline, out of the A. Houston League, Abstract 33, Jefferson County, Texas, and
being out of a called 100.00 acre tract conveyed to Beaumont ISD (aka South Park ISD) as
recorded in Volume 1492, Page 5 of the Deed Records of Jefferson County, Texas, said
centerline being more particularly described by the following courses and distances:
Note: Basis of Bearings is the west line of the said 100.00 acre tract having been called
North 00 009'19" East.
COMMENCING at a concrete monument found in the east line of a called 56.974 acre tract
conveyed to Jefferson County Drainage District No. 6 as recorded in Clerks File No.
2002013054 of the Official Public Records of Jefferson County, Texas and the west line of the
said 100.00 acre tract for the northwest corner of a called 1.194 acre tract conveyed to
Jefferson County Drainage District No. 6 as recorded in Clerks File No. 2002027331 of the
Official Public Records of Jefferson County, Texas from which a 3/8" iron rod found for the
northwest comer of the said 100:00 acre tract bears North 00°09'19" East 2809.55 feet (called
North 00 00919" East) and from which a concrete monument found in the north right-of-way line
of Phelan BoUleevard for the southwest comer of the said 1.194 acre tract bears South 00 009'19"
West 50.00 feet (called South 00°09'19"West 50.00 feet);
THENCE South 89 053'50" East along the north line of the said 1.194 acre tract a distance of
195.14 feet (called South 89 047'07" East) 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:
North 00 002'22"West a distance of 515.34 feet to an angle point;
North 89 052'59"West a distance of 30.95 feet to an angle point;
North 03 009'45"West a distance of 26.04 feet to an angle point;
North 00°14'19"West a distance of 55.93 feet to an angle point;
North 00°15'05"West a distance of 49.05 feet to an angle point;
West a distance of 132.79 feet to an angle point;
North 00°12'00" East a distance of 367.62 feet to an angle point;
FITTZ&SHMMAN,INC.
Project No.09048Task28wtresmt
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
North 89 059'50" East a distance of 34.08 feet to a point in the west line of a 10'wide
water line easement (No. 1)to the City of Beaumont in Resolution No. 08-234 of the City of
Beaumont Council Minutes for the POINT OF TERMINATION of the said centerline of the 10'
wide exclusive water line easement.
This description is based on a survey and plat made by Fittz& Shipman, Inc. during June 2011.
Walter J. Ksiazek (*W16 O F Registered Professional Land Surveyor No. 5321 E0t8T �J. KSIAZf g4+
+COP
FITTZ&SHIPMAN,INC.
Project No.09O48Task28wtresmt
Plat&Description
FOUND 3/8' EXHIBIT 'A", PAGE 3 OF 3
IRON ROD
15' WADE UNDERGROUND
UTILITY EASEMENT � —
LS VOL. 1510, PG. 365, D.R.J.C.
( I POINT OF CITY OF BEAUMONT —
I TI:R(I141NATION RESOLUTION NO. 08-234
CITY COUNCIL MINUTES
II CENTERLINE 10' WIDE WATER ESMT N0. 1 NUMBER DIRECTION DISTANCE
I 10 MADE EXCLUSIVE
WATER LINE EASEMENT Lt N 00'02 22' W 515.34
L2 N 89"5259 W 30.95
L3 N 03"09'45'0 W 26.04
ENTER, INC. L4 N 00'14919 W 55.93
VOL. 2258, PG, 273, D.R.J.C, L5 N 00'15'05 W 49.05
10' ROW AND EASEMENT L.6 WEST 132.79
II II J L7 N 00'12'00' E 367.62
89
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CENTERLINE E 34.08
I 10' WIDE EXCLUSIVE
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Z VOL 1112, PG. 604
VOL. 1112, PG. 608
D.R.J.C.
SURVEYOR'S CERTIFICATION:
ci II I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF,
-3 THAT THIS IS AN ACCURATE PLAT OF A SURVEY do DESCRIPTION MADE
N o I I ON THE GROUND UNDER MY SUPERVISION DURING JUNE 2011.
in
II F a I
o° I WALTER J. KSIAZEK
�'° II REGISTERED PROFESSION LAND SUR 5321
> 'I
COMMENCING 11 POINT OF VIIiALT ' J, KSIAZF.P
POINT / BEGINNING
10' WIDE EXCLUSIVE III CENTERLINE flt ,►
WATER LINE EASEMENT 10' VIDE EXCLUSIVE ••.�So1&.•
CONCRETE TAE I WATER LINE EASEMENT �k ••••••pQ
MONUMENT I &U�
/ (CALLED S 89'47'07" E)
/ S 89'53'50" E 105,14
FOUND O JEFFERSON COUNTY DRAINAGE DISTRICT NO 6
CONCRETE p CLERKS FILE NO. 2002027331. O.P.R.J.C.
MONUMENT IA (CALLED 1.194 ACRES)
PBELAN BOULEVARD
Q:\PROJECTS\09048\TASK 28 Westbrook Fberbond W.L. EASMT\09048T28.DWG Jun 29, 2011 02:36pm
10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO.
1NC. PF40j= NAYS: BISD 3
ow aw I WESTBROOK ELEMENTARY
1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS PROJECT NO.
(409) 832-7238 FAX (409) 832-7303 09048 T28
T.B.P.E. FIRM /1160 •T.X.LS. FIRM #1001868 11