HomeMy WebLinkAboutRES 11-227 RESOLUTION NO. 11-227
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.W. Bullock
Survey, Abstract No. 7, 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 Ozen High School located at 3443 Fannett Road 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 C NCIL of the City of Beaumont this the 16th day of
August, 2011. C� '`•"�' .`'a
i
�y Mayor Becky Ames -
map,
F ttz&Shipman
INC.
ConsuLdn 8 E em and Land Swve
EXHIBIT."A",PAGE i OF 3 � o►s y
CENTERLINE DESCRIPTION Ronald D.Fittz,P.E.,R.P.L.S.(1948.1987)
Terry a Shipman,Chairman of Board
OF A Billy J.Smith,Jr.,President
10' WIDE EXCLUSIVE WATER LINE EASEMENT Donald R.10%P.E.
OUT OF THE Michelle FalBout,P.E.
Walter}."azek,R.P.L.S.
J. W. BULLOCK SURVEY, ABSTRACT 7
JEFFERSON COUNTY, TEXAS
AUGUST 3,2011
That certain centerline description for a 10'wide exclusive water line easement, out of the J. W. Bullock
Survey, Abstract 7, Jefferson County, Texas, and being across a tract conveyed to Beaumont independent
School District, Tax#016700-000-001000-00000-6, said centerline description being more particularly
described by the courses and distances as follows:
Note: Assumed Basis of Bearings is the north line of Block 3 of Dixie Gardens Addition, a plat recorded in
Volume 7, Page 49 of the Map Records of Jefferson County, Texas being East.
COMMENCING at a %" iron rod found for the northwest comer of Lot 3, Block 3 of said Dixie Gardens Addition
conveyed to Paul James Duriso and wife, May Frances Duriso as recorded in Volume 1910, Page 333 of the
Deed Records of Jefferson County, Texas and the northeast comer of a called 27.53 acre tract conveyed to
the Beaumont Independent School District as recorded in Clerks File No. 9739998 of the Official Public
Records of Jefferson County, Texas;
THENCE East along the north line of said Dixie Gardens Addition, at a distance of 150.27 feet(called 150.00
feet) pass a W iron rod found in the west right-of-way line of 5h Street for the northeast corner of Lot 1 of said
Block 3 conveyed to Ella Mae Mitchell as recorded in Clerks File No. 9462996 of the Official Public Records of
Jefferson County, Texas, and continuing a total distance of 570 feet to a %"capped iron rod set in the west
right-of-way line of South 40' Street for the southeast corner of the said Beaumont ISD tract;
THENCE North 00 004'17"West along the said west right-of-way line of South 4"'Street and the east line of the
said Beaumont ISD tract a distance of 812.92 feet (called North 00°26'43" West-Fittz&Shipman, Inca 1997
plat)to a point for the POINT OF BEGINNING of the said centerline description from which a %"capped iron
rod set at the intersection of the south right-of-way line of Southerland Street and the said west right-of-way
line of South 4"'Street bears North 00 004' 17"West 103.61 feet;
THENCE along the said centerline of a 10'wide water line easement with the following courses and distances;
North 89 054'22"West a distance of 77.01 feet to an angle point;
North 65°36'45"West a distance of 100.09 feet to an angle point;
North 89 054'22"West a distance of 81.50 feet to an angle point for the POINT OF BEGINNING of Tap
A from which the POINT OF TERMINATION of Tap A bears South 00°05'38'West 3.52 feet and South
45°05'38"West 92.00 feet;
North 00°05'38"West a distance of 62.44 feet to a point in the south right-of-way line of Southerland
Street and the north line of the said Beaumont ISD tract for the POINT OF TERMINATION of the said 10'wide
water line easement from which the said %" capped iron rod set at the said south right-of-way line of
rITTZ do SHIPMAN,INC
Project No.09048Tsk33
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"
EXHIBIT"A", PAGE 2 OF 3
Southerland Street and the said west right-of-way line of South 0 Street bears South 89 054'22° East 249.43
feet (called South 89°23`22" East-Fittz& Shipman, Inc. 1007 plat).
This description is based on a survey and plat made by Fittz& Shipman, Inc. on August 2, 2011.
Walter J. Ksiaze
Registered Professio al Land Su or No. 5321
(ALTER a J. KSIAZFWitt a��ys•fQ
gt!l
.s^
FI77Z&SHIPMAN,INC.
Project No.09048Tsk33
Plat&Description
r I EAS 2011027900
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/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 g day of YJ f ,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 instzvnment, 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 g day
of 2011. v L9
e"�Tk;
Notary Public, StA of Texas
RETURN TO:
LANA THOMPSON
City of Beamnont a Notary Public.State of Texas
Antoiww Ij�y_Engineering +� My Commission Expires
P.O.Box 3827 WIMMY 21.tot 9
Beaumont,TX 77704
F ttz&Shipman
INC.
EXHIBIT"A",PAGE 1 OF 3 Consulting Engineers and Land Surveyors
CENTERLINE DESCRIPTION Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987)
Terry G.Shipman,Chairman of Board
OF A Billy J.Smith,Jr., President
10' WIDE EXCLUSIVE WATER LINE EASEMENT Donald R.IGng,P.E.
OUT OF THE Michelle Falgout,P.E.
Walter J.Ksiazek,R.P.L.S.
J.W. BULLOCK SURVEY,ABSTRACT 7
JEFFERSON COUNTY, TEXAS
AUGUST 3,2011
That certain centerline description for a 10'wide exclusive water line easement, out of the J. W. Bullock
Survey, Abstract 7, Jefferson County, Texas, and being across a tract conveyed to Beaumont Independent
School District, Tax#016700-000-001000-00000-6, said centerline description being more particularly
described by the courses and distances as follows:
Note: Assumed Basis of Bearings is the north line of Block 3 of Dixie Gardens Addition, a plat recorded in
Volume 7, Page 49 of the Map Records of Jefferson County, Texas being East.
COMMENCING at a W iron rod found for the northwest corner of Lot 3, Block 3 of said Dixie Gardens Addition
conveyed to Paul James Duriso and wife, May Frances Duriso as recorded in Volume 1910, Page 333 of the
Deed Records of Jefferson County, Texas and the northeast comer of a called 27.53 acre tract conveyed to
the Beaumont Independent School District as recorded in Clerks File No. 9739998 of the Official Public
Records of Jefferson County, Texas;
THENCE East along the north line of said Dixie Gardens Addition, at a distance of 150.27 feet(called 150.00
feet) pass a '/z" iron rod found in the west right-of-way line of a Street for the northeast comer of Lot 1 of said
Block 3 conveyed to Ella Mae Mitchell as recorded in Clerks File No. 9462996 of the Official Public Records of
Jefferson County, Texas, and continuing a total distance of 570 feet to a '/z"capped iron rod set in the west
right-of-way line of South 4th Street for the southeast comer of the said Beaumont ISD tract;
THENCE North 00 004'17"West along the said west right-of-way line of South 4t' Street and the east line of the
said Beaumont ISD tract a distance of 812.92 feet (called North 00 02643"West-Fittz&Shipman, Inc. 1997
plat) to a point for the POINT OF BEGINNING of the said centerline description from which a '/s" capped iron
rod set at the intersection of the south right-of-way line of Southerland Street and the said west right-of-way
line of South 4t' Street bears North 00 004' 17"West 103.61 feet;
THENCE along the said centerline of a 10'wide water line easement with the following courses and distances;
North 89 054'22"West a distance of 77.01 feet to an angle point;
North 65°36'45"West a distance of 100.09 feet to an angle point;
North 89 054'22"West a distance of 81.50 feet to an angle point for the POINT OF BEGINNING of Tap
A from which the POINT OF TERMINATION of Tap A bears South 00 005'38" West 3.52 feet and South
45 005'38"West 92.00 feet;
North 00°05'38"West a distance of 62.44 feet to a point in the south right-of-way line of Southerland
Street and the north line of the said Beaumont ISD tract for the POINT OF TERMINATION of the said 10' wide
.water line easement from which the said 1/2" capped iron rod set at the said south right-of-way line of
FITTZ&SHIPMAN,INC.
Project No.09048Tsk33
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
Southerland Street and the said west right-of-way line of South 4t'Street bears South 89 054'22" East 249.43
feet (called South 89°23'22" East-Fittz & Shipman, Inc. 1007 plat).
This description is ba d on a survey and plat made by Fittz & Shipman, Inc. on August 2, 2011.
Walter J. Ksiazek
Registered Profession Land Surve or No. 5321 ,IE OF r
4�6 '.9lp
• *I
WALTER J. K81A,ZKK
r�
�t1AV cr^I
FITTZ&SHIPMAN,INC.
Project No.09048Tsk33
Plat&Description
EXHIBIT "A", PAGE 3 OF 3 POINT OF BEGINNING SET fir
SET 1/2- SOUTHERLAND STREET 10' WIDE EXCLUSIVE CAPPED
CAPPED
IRON ROD FROM (CALLED S
& SH PMAN?INC. 997 PLAT) WATER LINE EASEMENT IRON ROD
S 89.54'22" E 635.26
385.83 249.43
I CENTERLINE
10' WIDE EXCLUSIVE IR
TAP A L — —L3 — — —� WATER LINE EASEMENT c
_
SURVEYOR'S CERTIFICATION: 3.52 �?
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, h
THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE L1 — —
ON THE GROUND UNDER MY SUPERVISION ON AUGUST 2, 2011.
- - a (-
/ / tq LtJ
/ 'n`2� W
40 im
0 F T r POINT OF BEGINNING ,3
WALTER J. KSIAZEK ��� •f.� ^.
,� • . 4 P.O.T. 10' WIDE EXCLUSIVE °' ? N
REGISTERED PROFESSION AND SUR OR NO. 5321 ti••�GISTF�F •.A TAP A WATER LINE EASEMENT 3 i
of
0 * (S ,. NUMBER DIRECTION DISTANCE
* t L1 N 8954'22" W 77.01 0!
WALTER J. KSIAZEI L2 N 65`36 45" W 100.09 � Z� d"
�g1 y L3 N 89'54'22' W 61.50 0° o°
.' � 1.. BEAUMONT INDEPENDENT L4 N 00'05'38' E 65.96
/ a ,• SCHOOL DISTRICT o IZZ
(.,N••.,•••p' TAX #016700-000-001000-00000-6 L5 S 45'05'38" W 92.00 zv 0
v.
COMMENCING
POINT
FOUND 1/2"
IRON ROD (CALLED 570.00)
EAST 570.00
AST 150.27
CALLED 150.00) ct SET 1/2"
BEAUMONT INDEPENDENT (ASSUM 0 BASIS of BEARINGS) a FOUND 1/2" CAPPED
r-j a IRON ROD IRON ROD
SCHOOL DISTRICT , o d
CLERKS FILE N0. 9739998, O.P.R.J.C. w? o �� 0 30 60
(CALLED 27.53 ACRES) 2 o W o m d
Lo
6-woU9 S C A L E
ZJN
o
Z W 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO.
B L O C K 3 Flthipman
ConpUftWlW#nwvaxdLiw-f3i-n�— 3
DIXIE GARDENS INC. � �� BIS�
VOL. 7, PG. 49, M.R.J.C.
LOT 3 I LOT 2 I LOT 1 OZEN ELEMENTARY PROJECT NO.
1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS
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