HomeMy WebLinkAboutRES 12-008 RESOLUTION NO. 12-008
WHEREAS, on August 9, 2011, the City Council of the City of Beaumont, Texas,
passed Resolution No. 11-213 accepting four (4) ten (10) foot wide exclusive water line
easement from Beaumont Independent School District to provide water and fire protection
services for Westbrook High School; and,
WHEREAS, an additional ten (10) foot wide exclusive water line easement is
required to provide water and fire protection services for Westbrook High School Field
House; 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 A. Huston
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 Field House 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 conveyances and
is of the opinion that the acceptance of said conveyances 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 easements conveyed by the Beaumont Independent School District, as
described in Exhibit "A" and shown on Exhibit "B," be and the same are hereby, in all
things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
January, 2012. s
(�ayor gecky Ames -
Or
Fitts&Shipman
INC.
Consulting Engineers and Land Surveyors
Ronald D. Fittz,P.E.,R.P.L.S.(1948-1987) Donald R.King,P.E.
Terry G.Shipman,P.E.,Chairman Walter J.Ksiazek,R.P.L.S.
Billy J.Smith,Jr.,President
EXHIBIT"A",PAGE 1 OF 3
FIELD NOTE DESCRIPTION
OF A
0.0416 ACRE TRACT
FOR A
10' WIDE EXCLUSIVE WATER LINE EASEMENT
OUT OF THE
A. HUSTON LEAGUE,ABSTRACT 33
JEFFERSON COUNTY,TEXAS
NOVEMBER 3,2011
REVISED: DECEMBER 1.6,201.1
That certain 0.0416 acre tract for a 10'wide exclusive water line easement out of the A. Huston
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 0.0416 acres being more particularly described by
metes and bounds as follows:
Note: Basis of Bearings is referenced to the west line of the said 100.00 acre tract having been
called South 00°09'19"West.
COMMENCING at a 318" iron rod found in the south right-of-way line of Manion Drive for the
northwest corner of the said 100.00 acre tract from which an aluminum disk found in the north
right-of-way line of Phelan Boulevard bears South 00 009'19"West 2859.55 feet (called South
00 009'19"West);
THENCE South 00°09'19"West along the west line of the said 100.00 acre tract a distance of
1334.02 feet to a point from which an aluminum disk found 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 bears South 00 009'19"
West 1475.56 feet (called South 00 009'19"West);
THENCE South 89 050'46" East a distance of 990.39 feet to an angle point of a called 0.264 acre
tract for an exclusive city water line easement to the City of Beaumont as recorded in Clerks File
No. 2011026464 of the Official Public Records of Jefferson County, Texas;
THENCE South 89°49'17" East along a north line of the said 0.264 acre tract a distance of 65.85
feet (called South 87°24'24" East)to a point for an exterior corner of the said 0.0416 acre tract and
the POINT OF BEGINNING;
Fittz&Shipman,Inc.
Page 1 of 2
Project No. 09048T34esmt
Plat& Description
1405 Cornet rune 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
THENCE North 45 004'30" East along a northwest line of the said 0.0416 acre tract a distance of
43.32 feet to a point for the northwest corner of the said 0.0416 acre tract;
THENCE South 89°55'30" East along a north line of the said 0.0416 acre tract a distance of 98.16
feet to a point for the northeast corner of the said 0.0416 acre tract;
THENCE South 44°55'30" East along the northeast line of the said 0.0416 acre tract a distance of
43.73 feet to a point in the said north line of the 0.264 acre tract for an exterior comer of the said
0.0416 acre tract;
THENCE South 22 037'41"West along the east line of the said 0.0416 acre tract a distance of
10.82 feet to a point in an interior line of the said 0.264 acre tract for the southeast corner of the
said 0.0416 acre tract;
THENCE North 44 055'30"West along an interior line of the said 0.0416 acre tract a distance of
43.72 feet to an angle point;
THENCE North 89°55'30"West along an interior line of the said 0.0416 acre tract a distance of
89.87 feet to an angle point;
THENCE South 45°04'30"West along an interior line of the said 0.0416 acre tract a distance of
43.33 feet to a point in an interior line of the said 0.264 acre tract for the southwest comer of the
said 0.0416 acre tract;
THENCE North 22°22'27"West along a west line of the said 0.0416 acre tract a distance of 10.83
feet to the POINT OF BEGINNING and containing 0.0416 acres of land, more or less.
This Field Note Description is being submitted along with a plat of even date based on a survey
performed by Fittz& Shipman, Inc. during June 2011.
� "uev pF Wal r J. i to Ks azek Registered Professionao. 5321 • . es.�
Q:/Projects/09048/09048T34esmt '.
J. K9IAZ F
•
Fittz g Shipman,Inc.
Page 2 of 2
Project No. 11005.0018
Plat& Description
MANION DRIVE EXHIBIT "Am. PAGE 3 OF 3 NUMBER iiffC ION DISTANCE
kFOUND OMirENpNG -- Lf S 69'49'17 E 65.85
PANT CALLED S 87'2424•E
31W L2 N 4504 30" E 43.32
IRON Roo
L3 S 69'55'30' E 98,16
<4 SOUTH PARK INDEPENDENT L4 rS 44'50• E 4373
SCHOOL DISTRICT Z5'3
1 W 10.82
VOL 1492•PG.5.O.X.Lt A. H U STGN LEAGUE, (CALLED 100.00 ACRES) L6 0` w 43.72
L7 0 W
A`33 POINT OF BEGINNING LB S 4SV4 W W 33
to 10' WIDE EXCLUSIVE N 222227" W 10.
,to o WATER EASEMENT
z W CD O 0.0416 ACRE 10' wIDE EXCLUSIVE
CITY OF BEAUMONT
_— WATER EASEMENT
# (n EXCLUSIVE CITY WATER LINE EASEMENT
CLERKS FILE No.2011025354 o.P.R.ac � 0.0416 ACRE
y (CALLED 0.253 ACRE-Na 2)
o-02.or L1 ��— x
o S 89'50 46 E 990.39 -- -L7 �� A -
3
r CITY OF BEAUMCNT
U EXCLUSIVE CITY WATER LINE EASEMENT
CLERKS FILE N0.2011026464.O.P,R.J.-
n0 (CALLED 0.264 ACRE)
CA FOUND
ALUMINUM t5 s
DISC s n
did_
w
8 dr W JEFFERSON COUNTY COUNTY DRAINAGE DISTRICT NO 6 �++
CLERKS FILE NO.2002027331. O.P.R_J.C. 1 >3Nro c
!ul (CALLED 1.194 ACRES) m+t J<o:o
Or I F, =
P �." .
S -
to'p ru
�FOUA9 ALAN BOULEVARD •ro• � f�FL�ss• I og W M x
ALUMINUM I }a v (�v W
DISK J- XSIA7
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N
1fQQt �,W
'
.4T 0 50 1 0
• �� W
SURVEYOR'S CEFlCAt10N: AL'i
1 00 4EREBY CERT6Y. TO THE BEST OF MY KNOWLEDGE AND BELIEF.
, AT TrJS IS AN ACCURATE PUT OF A SURVEY&DESCR/PP.pN'MADE" -- •'---'-^-- __
ON THE GROUND UNDER MY SUPERVISION DURING JUNE 2011. Q\PROJECTS\09048\TASK 34-West Brook Water Lire E=t\D9048T34.dwq Nov 04,2011 06:21dm
Flttz&S 1 a��. �1D0''�W�IwD�E}��E�X�CLUSIVE WATER LINE EASEMENT SET N0,
WALTER J. KSIAZX INC. PROD Ll i AM& BISD 3
RE&STEREO PROFESSIONAL SURVEY NO. 5321 1405 CORNERSTONE COURT,BEAUMONT,TEXAS WESTBROOK HIGH SCHOOL
(409)832-7238 FAX(409)S32-7303 BEAUMONT. TEXAS -ROJCCT N0.
T.aP.E.FIRM 11160•T.X.L.S.FIRM 1100186 09
DATE:TI—s-I1 048 T34
EAS 2912002987
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 q`tk day of ' ,2012.
BEAUMONT INDEPENDENT SCHOOL DISTRICT
By
96_AA� I fffrf�l W.- Cww�
. 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 da
of 2012.
(aw COW.gar 10-162012 otary Public, Sta a of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy-Engineering
P.O.Box 3827
Beaumont,TX 77704
i
Fittz&Shipman
INC.
Consulting Engineers and Land Surveyors
Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) Donald R.King,P.E.
Terry G.Shipman,P.E.,Chairman Walter J.Ksiazek,R.P.L.S.
Billy).Smith,Jr.,President
EXHIBIT"A",PAGE 1 OF 3
FIELD NOTE DESCRIPTION
OF A
0.0416 ACRE TRACT
FOR A
10' WIDE EXCLUSIVE WATER LINE EASEMENT
OUT OF THE
A.HUSTON LEAGUE,ABSTRACT 33
JEFFERSON COUNTY,TEXAS
NOVEMBER 3,2011
REVISED: DECEMBER 16,2011
That certain 0.0416 acre tract for a 10' wide exclusive water line easement out of the A. Huston
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 0.0416 acres being more particularly described by
metes and bounds as follows:
Note: Basis of Bearings is referenced to the west line of the said 100.00 acre tract having been
called South 00 009'19°West.
COMMENCING at a 3/8' iron rod found in the south right-of-way line of Manion Drive for the
northwest comer of the said 100.00 acre tract from which an aluminum disk found in the north
right-of-way line of Phelan Boulevard bears South 00°09'19"West 2859.55 feet(called South
00°09'19°West);
THENCE South 00°09'19"West along the west line of the said 100.00 acre tract a distance of
1334.02 feet to a point from which an aluminum disk found for the northwest comer 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 bears South 00 009'19"
West 1475.56 feet (called South 00 009'19°West);
THENCE South 89°50'46° East a distance of 990.39 feet to an angle point of a called 0.264 acre
tract for an exclusive city water line easement to the City of Beaumont as recorded in Clerks File
No. 2011026464 of the Official Public Records of Jefferson County, Texas;
THENCE South 89°49'17" East along a north line of the said 0.264 acre tract a distance of 65.85
feet (called South 87 024'24" East)to a point for an exterior corner of the said 0.0416 acre tract and
the POINT OF BEGINNING;
Fittz g Shipman,Inc.
Page 1 of 2
Project No. 09048T34esmt
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
THENCE North 45°04'30" East along a northwest line of the said 0.0416 acre tract a distance of
43.32 feet to a point for the northwest corner of the said 0.0416 acre tract;
THENCE South 89 055'30" East along a north line of the said 0.0416 acre tract a distance of 98.16
feet to a point for the northeast comer of the said 0.0416 acre tract;
THENCE South 44°55'30" East along the northeast line of the said 0.0416 acre tract a distance of
43.73 feet to a point in the said north line of the 0.264 acre tract for an exterior comer of the said
0.0416 acre tract;
THENCE South 22°37'41"West along the east line of the said 0.0416 acre tract a distance of
10.82 feet to a point in an interior line of the said 0.264 acre tract for the southeast comer of the
said 0.0416 acre tract;
THENCE North 44°55'30"West along an interior line of the said 0.0416 acre tract a distance of
43.72 feet to an angle point;
THENCE North 89°55'30"West along an interior line of the said 0.0416 acre tract a distance of
89.87 feet to an angle point;
THENCE South 45°04'30"West along an interior line of the said 0.0416 acre tract a distance of
43.33 feet to a point in an interior line of the said 0.264 acre tract for the southwest comer of the
said 0.0416 acre tract;
THENCE North 22 022'27"West along a west line of the said 0.0416 acre tract a distance of 10.83
feet to the POINT OF BEGINNING and containing 0.0416 acres of land, more or less.
This Field Note Description is being submitted along with a plat of even date based on a survey
performed by Fittz&Shipman, Inc. during June 2011.
<7001"GC. -1 .,[ ; i
Walter J. Ksiazek
Registered Professional Land Surveyor No. 5321 +►.• ipt ;s•!
Q:/Projects/09048/09048T34esmt • +
Fittz&Shipman,Inc.
Page 2 of 2
Project No. 11005.0018
Plat&Description
MANION DRIVE EXHIBIT "Am, PAGE 3 OF 3 NUMBER DIRECTION DISTANCE
L7 S 89'49'17" E 65.85
POINT
COMMENCING CALLED S 8724'24" E
FOUND 3/8- L2 N 45'04'30" E 43.32
IRON ROD L3 S 89'55 30" E 98.16
SOUTH PARK INDEPENDENT L4 S 44'59'30" E 43.73
o SCHOOL DISTRICT L5 S 22*3741" W 10.82
�t VOL 1492, PG. 5, D.R.J.C. I,6 N 44"55'30" W 43.72
A. HUSTON LEAGUE, (CALLED 100.00 ACRES) L7 N 89'59'30" W 89 87
3 A—33 L8 S 45'04 30" W 43.33
POINT OF BEGINNING
� .°-' 10' WIDE EXCLUSIVE L9 N 22'22 2 W 10.83
N ups P WATER EASEMENT
z 00 O 0.0416 ACRE 10' WIDE EXCLUSIVE
rx- N ° CITY OF BEAUMONT
WATER EASEMENT
m °3 N CLERKS�FILE O. 2011025358, O.P O.P.R.J.C. L3 0.0416 ACRE
o ti 0) (CALLED 0.263 ACRE-NO. 2)
cS 89*50'460 E 990.39 -
3 CITY OF BEAUMONT
N • EXCLUSIVE CITY WATER LINE EASEMENT
(00) CLERKS FILE NO. 2011026464, O.P.R.J.C.
�0) w (CALLED 0.264 ACRE)
�O m�x°
N I ( r-ci zao
FOUND w o J J
ALUMINUM U N
DISK I I O Q p
Wvw
O JEFFERSON COUNTY DRAINAGE DISTRICT NO 6 m
CO)
CLERKS FILE NO. 2002027331, O.P.R.J.C. I I N a
0:0't
(CALLED 1.194 ACRES) ++
1♦��•• , ��� f m 3 N 0
PHELAN BOULEVARD ,•�k * . . ( I o Z W
FOUND * ♦ r c�w
ALUMINUM H -�cai
DISK R J. K"al.
JY CC
�• W 0 J0 1 00
lam ' I I U S C A L E
SURVEYOR'S CERTIFICATION: +�
1 DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF,
THAT THIS IS AN ACCURATE PLAT OF A SURVEY&-DESCRIPTION-MADE -- --------—
— ---ON THE GROUND UNDER MY SUPERVISION DURING JUNE 2011. Q:\PROJECTS\09048\TASK 34-West Brook Water Line Esmt\09048T34.dwg Nov 04, 2011
08:21am
�kll!�V_� F "t#�S1111- 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO.
INC. per' NAYS: BISD
WALTER J. KSIAZEK WESTBROOK HIGH SCHOOL
REGISTERED PROFESSIONAL LAN SURVEYOR NO. 5321 1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS PROJECT NO.
(409) 832-7238 FAX (409) 832-7303
T.B.P.E. FIRM #1160 • T.X.LS. FIRM #100186 1 DATE:11-3-11 09048 T34