HomeMy WebLinkAboutRES 11-215 RESOLUTION NO. 11-215
WHEREAS, on July 19, 2011, the City Council of the City of Beaumont, Texas,
passed Resolution No. 11-199 accepting a ten (10) foot wide exclusive water line
easement from Beaumont Independent School District to provide water and fire protection
services for Dishman Elementary; and,
WHEREAS, an additional ten (10) foot wide exclusive water line easement is
required for the placement of a fire hydrant; and,
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 C. Williams
League, Abstract No. 59, 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 Dishman Elementary School located at 3475 Champions Drive 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 9th day of
August, 2011.
r? 1At OMayor Becky Ames -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT,BEAUMONT INDEPENDENT SCHOOL DISTRICT, of the County of
Jefferson, State of Texas,hereinafter called "GRANTOR", whether one or more,for and in
consideration of the sum of ONE AND NO/100 DOLLAR($1.00),and other good and valuable
consideration to it in hand paid by the CITY OF BEAUMONT,a municipal corporation
domiciled in Jefferson County, Texas,hereinafter called "GRANTEE",the receipt and
sufficiency of which consideration is hereby acknowledged,has GRANTED, SOLD and
CONVEYED,and by these presents does GRANT, SELL and CONVEY unto the CITY OF
BEAUMONT, P. O. Box 3827,Beaumont, Texas 77704,Jefferson County,Texas, its
successors and assigns,an easement to use,repair,alter,and maintain a single underground
water line and appurtenances on the hereinafter described lands which said easement is under,
over, in and across that certain tract or parcel of 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
Fittz&S Ipman
INC.
Consulting Engineers and Land Surveyors
EXHIBIT"A",PAGE 1 OF 2 Ronald D.Fiar,P.E.,R.P.L.S.(19481987)
CENTERLINE DESCRIPTION Terry G.Shipman,Chairman of Board
Billy J.Smith,Jr.,President
OF A Donald R.IGn&P.E.
10' WIDE EXCLUSIVE WATER LINE EASEMENT Michelle Falgout,P.E.
Fittz, Sliip-'m-'ani OUT OF THE Walter J.1 iazek,R.P.L.S.
C.WILLIAMS LEAGUE,ABSTRACT 59
JEFFERSON COUNTY,TEXAS
JULY 25,2011
That certain centerline description for a 10'wide exclusive water line easement, 5.0' on each
side of centerline, out of the C. Williams League,Abstract 59, Jefferson County, Texas, and
being in Lot 1 of Dishman Elementary School Addition, a plat recorded in Clerks File No.
9829194 of the Official Public Records of Jefferson County, Texas, said centerline being more
particularly described by the following courses and distances:
Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, South
Central Zone#4204.
COMMENCING at a point in the east right-of-way line of Champions Drive and the west line of
said Lot 1 for the Point of Termination of the centerline of a called 10-wide exclusive water line
easement granted to the City of Beaumont in Resolution No. 11-199;
THENCE North 87°09'37" East along the said centerline a distance of 168.76 feet (called North
87 009'37" East)to a point for POINT OF BEGINNING of the said centerline of the 10'wide
exclusive water line easement; .
THENCE South 02 050'23" East along the centerline of the 10'wide water line easement a
distance of 29.00 feet to 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.
460 �=y
Walter J. Ksiaz k +c s
tv
Registered Professi al Land Su eyor No. 5321
WALTER J. KSIAZF.-
..e Sal ,
� r
su�v
FI7T7&SHIPMAN,INC
Project No. 11050wtresmt2
Plat d.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
10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO.
2 j_WQ=IBIT "A". PAGE 2 Of 2 I
PR(MECT NAME' BISD
DISHMAN ELEMENTARY PROJECT NO.
BEAUMONT, TEXAS 11050 POINT OF BEONNING
DAT&7-25-11 10' wroE EXCLUStvE I
WATER LINE EASEMENT
NOTE: BEARINGS ARE REFERENCED TO THE NAD63
Fitt�Shipman TEXAS STATE PLANE COORDINATE SYSTEM, ENCING
.^ SOUTH CENTRAL ZONE/4204. POINT
rx�mviommodLod 1405 CORNERSTONE COURT,BEAUMONT.TEXAS E„ZQ8.78
(409)832-7378 FAX(409)632-7703
dY OF�T E I
1O.HIDE EXCLUSIVE
WATER LINE EASEMENT 10' WIDE EXCLUSIVE
RESOLUTION NO. 11-199 WATER LINE EASEWENT I z
SURVEYOR'S CERTIFICATION: POINT OF TERMdMAT10N II t
I DO HEREBY CERTIFY,TO THE BEST OF MY KNOWLEDGE AND BELIEF, 10' WIDE EXCLUSIVE I �'
THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE WATER LINE EASOOMT
ON THE GROUND UNDER MY SUPERVISION DURING JUNE 2011. I m
1
{�: O F T�fi NUMBER DIRECTION DISTANCE I W
WALTER J.KSIAZEK *; �'* .?s,' L1 S 02W23- E 29.00
REGISTERED PROFESSIONAL SURVEYOR N 21 • 4
WALTlq J. K$1AZa1
• out
• ie
l,FpiiW;Lo�
BithV ct LOT 1 I
._� DISHMAN ELEMENTARY
SCHOOL ADDITION
CLERKS FILE Na 9829194,O.P.R.J.Il
W4
A I JEFFERSON COUNTY
DRAINAGE DISTRICT NO. 8
M NUMBER DIRECTIE)N DISTANCE w PG.es.O.R.J.c.
U
N 42'I9 24 E e: z I 260'EASEMENT
L2 N 03W38' W 33&19
L3 N 41W21' E 58 56
L4 N 03W3e W 1843 98
O�O LS S 873f49' W 922.97
A L La S 42'04'4 W 91.48 II
L7 S 87U'37' W 2aa 99
0:\PROJECTS\11050 DisNmm Elementary\Survey\11050wbesmt2.dwg JW 25,2011 10:40am
II
EAS
6 PGS 2011027898
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, BEAUMONT INDEPENDENT SCHOOL DISTRICT,of the County of
Jefferson, State of Texas, hereinafter called "GRANTOR",whether one or more, for and in
consideration of the sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable
consideration to it in hand paid by the CITY OF BEAUMONT,a municipal corporation
domiciled in Jefferson County,Texas,hereinafter called "GRANTEE",the'receipt and
sufficiency of which consideration is hereby acknowledged,has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF
BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704,Jefferson County, Texas, its
successors and assigns, an easement to use, repair, alter,and maintain a single underground
water line and appurtenances on the hereinafter described lands which said easement is under,
over, in and across that certain tract or parcel of 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 d day of Q _,2011.
-4 J
BEAUMONT INDEPENDENT SCHOOL DISTRICT
By
Dr4coff as,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 444- t-
of 2011. �Q
Notary Public,State of Texas
RETURN TO:
i LANA THOMPSON
City of Beaumont Notary Public,State of Texas
Antoinette Hardy-Engineering i My Commission Expires
P.O.Box 3827 � E�wruat 24,2011 a
Beaumont,TX 77704
r
Fittz&Shipman
INC.
Consulting Engineers and Land Surveyors
EXHIBIT "A",PAGE 1 OF 2 Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987)
CENTERLINE DESCRIPTION Terry G.Shipman,Chairman of Board
Billy J.Smith,Jr.,President
OF A Donald R.Kng,P.E.
10' WIDE EXCLUSIVE WATER LINE EASEMENT Michelle Falgout,P.E.
OUT OF THE Walter J.Icsiazek,R.P.L.S.
C. WILLIAMS LEAGUE,ABSTRACT 59
JEFFERSON COUNTY,TEXAS
JULY 25,2011
That certain centerline description for a 10' wide exclusive water line easement, 5.0' on each
side of centerline, out of the C.Williams League, Abstract 59, Jefferson County, Texas, and
being in Lot 1 of Dishman Elementary School Addition, a plat recorded in Clerks File No.
9829194 of the Official Public Records of Jefferson County, Texas, said centerline being more
particularly described by the following courses and distances:
Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, South
Central Zone#4204.
COMMENCING at a point in the east right-of-way line of Champions Drive and the west line of
said Lot 1 for the Point of Termination of the centerline of a called 10-wide exclusive water line
easement granted to the City of Beaumont in Resolution No. 11-199;
THENCE North 87 009'37" East along the said centerline a distance of 168.76 feet(called North
87009'37" East) to a point for POINT OF BEGINNING of the said centerline of the 10' wide
exclusive water line easement;
THENCE South 02°50'23" East along the centerline of the 10'wide water line easement a
distance of 29.00 feet to 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.
is OF
Walter J. Ksiazek
Registered Professional Land Survey r No. 5321
rM.T J.
KS�;
•
•• $sic .
6010 FITTZ&SHIPMAN,INC.
Project No. 11050wtresmt2
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
10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NQ. EXHIBIT "A", PAGE 2 OF 2
_ 2 �
PROJECT NAPE: B I SD
DISHMAN ELEMENTARY PROJECT NO.
BEAUMONT, TEXAS 11050 POINT OF BEGINNING
DATE: 7-25-11 10' WIDE EXCLUSIVE
WATER LINE EASEMENT
� hipman NOTE: TEXAS ARE REFERENCED TO THE STEM,
TEXAS STATE PLANE COORDINATE SYSTEM, COMMENCING
INC. SOUTH CENTRAL ZONE /4204. POINT /
1405 CORNERSTONE COURT, BEAUMONT, TEXAS N 87'09'37' E 168.78
(409) 832-7238 FAX (409) 832-7303 II
CITY OF BEAUMONT J CENTERLINE WIDE EXCL
10' WIDE EXCLUSI%&
WATER LINE EASEMENT 10' �� EXCLUSIVE
RESOW - WATER LINE EASEMENT
\—P10'OINT OF TERMINATION I
SURVEYOR'S CERTIFICATION: WIDE EXCLUSIVE
WATER LINE EASEMENT
I
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, I
THAT THIS IS AN ACCURATE PLAT OF A SURVEY DESCRIPTION MADE
do
ON THE GROUND UNDER MY SUPERVISION DURING JUNE 2011.
IS OF r I
NUMBER DIRECTION IDISTANCq
• � .�'
WALTER J. KSIAZEK111 140, 50'7 S 02' 2Y E 29.00
# � *► • •
REGISTERED PROFESSIONAL L SURVEYOR 321 ,
A44fER J. K91AZF-
lull
�I
`�/,��•"••••Oa LOT 1 I
BUwV DISHMAN ELEMENTARY
SCHOOL ADDITION
CLERKS FILE N0. 9829194, O.P.R.J.C. I
A 'I JEFFERSON COUNTY
DRAINAGE DISTRICCT NO. B
NUMBER DIRECTION DISTANCE I vol 1260' EASEM�END.R.J.C.
L1 N 421924' E 22.91 ''�'
L2 N 03 t?6 38' W 335.19
L3 N 41-531210 E 56.56
L4 N 03106'38' W 1043.•98 I
0 50 100 L5 S 87 34'49' W 122.97
A L6 S 42'04'47 W 91.48 V II
L7 S 87'09'37' W 268.99
I
I
I
Q:\PROJECTS\11050 Oishman Elementary\Survey\11050wtresmt2.dwg Jul 25, 2011 10:40am