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Home My WebLink AboutRES 12-260 RESOLUTION NO. 12-260 WHEREAS, HEB Grocery Company, LP has agreed to convey a ten (10)foot wide exclusive water line easement, said easement being across a 0.3530 acre tract out of the David Brown Survey, Abstract 5 located in the abandoned Stagg Drive right-of-way, as described in Exhibit"A"and shown on Exhibit"B," attached hereto, to the City of Beaumont for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or removing water lines and appurtenances to facilitate the development of a new grocery store; 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 HEB Grocery Company, LP, as described in Exhibit"A" and shown on Exhibit"B," be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of October, 2012. ��•�� ( to, C)" Becky Ames - FIM&Shipmaln INC. Consldting Engine=and Land Surveyors Ronald D.Fittz,P.E,R.P.L.S.(1948.198» Donald It[dn&P.E. Terry G.Shipman,RE,Chairman wallerL Ksiazek„R.PA.S. Billy J.Smith,Jr.,President CENTERLINE DESCRIPTION FORA 10'WIDE EXCLUSIVE WATER LINE EASEMENT OUT OR THE, DAVID BROWN SURVEY,ABSTRACT 5 JEFFERSON COUNTY,TEXAS SEPTEMBER 18,2012 That certain centerline for a 10'wide exclusive water line easement out of the David Brown Survey,Abstract 5, Jefferson County,Texas,and being across a 0,3530 acre tract for the abandonment of a portion of Stagg Drive described in Ordinance No.12-W as recorded In Clerks File No.2012029748 of the Official Public Records of Jefferson County,Texas,said centerline being more particularly described by the courses and distances as follows: NOTE: Basis of Bearings is the south line of a called 16.9617 acre tract conveyed in a Deed of Trust between Baptist Hospital of Southeast Texas and The Bank of New York,William J.Barber,Trustee as recorded in Clerks File No.2001029306 of the Official Public Records of Jefferson County,Texas having been called South 89°58'00" West. COMMENCING at a capped iron rod found in the south right-of-way line of Stagg Drive for the southeast comer of the said 0.3530 acre tract from which a capped iron rod found at the Intersection of the east right-of-way line of 11u' Street and the south right-of-way line of Stagg Drive for the northwest corner of the said 16.9617 acre tract bears North 89"5849"West 546.61 feet(called North 89°59'39"West); THENCE North 00°23'31"East along the east line of the said 0,3530 acre tract a distance of 48.88 feet(called North 00°22'41"East)to a point for the POINT OF BEGINNING of the said centerline of the 10'wide exclusive water line easement; THENCE North 89'59'31'West along the said centerline a distance of 257.17 feet to a point in the west line of the said 0.3530 acre tract for the POINT OF TERMINA770N of the said centerline of the 10'wide exclusive water line easement from which a PK pall found In concrete for the southeast corner of a caged 0,477 acre tract conveyed to Carey R.Fracht and wife,Patricia L.Fracht as recorded in Film Code 103-21-2215 of the Real Property Records of Jefferson County,Texas and the northwest comer of the said 0.3530 acre tract,bears North 00°26'02"West 10.99 feet(called North 00°26'52'West). This description is basAd on a survey made by F)ttz&Shipman,Inc.during September 2012. �f/ g OF r Walter J.Ksiaze *o`4461 s r'04N � Registered Professional Land Sury or No.5321 ..� •......................fir, Fftts&Shipman,Inc, lAi.�32 Page 1 of 1 s9 r J Project No.10060TSWaterlineesmt -a`Ea 5 t.o;f'' Plat&Description q Sri[tVE- 1405 Comerstone Court•Beaumont,Texas 77706•( 9)832-7238•fax(409)832-7303 Tx Board of Prof Engineers Finn No.1160"Tx Board of Prof Land Sun+eyors Firm Na 100186 EXHIBIT "A" NOW OR FORMERLY Rg CAREY R. FRACHT Se DEED OF TRUST BETWEEN DEED OF TRUST BETWEEN : AND WIFE, x" BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND BAPTIST HOSPITAL A PATRICIA L. FRACHT ; THE BANK OF NEW YORK, SOUTHEAST TEXAS AND FILM CODE 103-21-2215.R.P.R.sc WILLIAM J. BARBER. TRUSTEE THE BANK OF NEW YORK, (CALLED 0.477 ACRE) o CLEWS FILE No.2001029306,oFae.AC. LEIM FILE J. BARBER, TRUSTEE . yj PART O A CALLED 10.2334 ACRES) CLERKS FR F A 200102930.2 34 ACRES) 2 {REMAINDER�'A CALLED 70.2334 ACRES) �g FOUND PK SET ED MAIL IN CENTERLINE 10' WIDE SET 1 ED' CON OD CONCRETE IXCLUSIVE WATER LINE IR Roo 16.99 EASEMENT (FORMERLY KNOISN AS FORSYTHE STREET) m iv —————————--__ N N 89'59'48" W 27.96 (6D'PtlBL1C R.O.Ft) c°rD pCIN'[OF TERMfNAAON N 895931'W 257.17 POINT OF BEGINNING M (CALLED N 8959'00'W) � AS* � AR Ep m EX( 1VE WTECANE A9AND NT of STEET EXXCLUS E WuE ABANDONMENT OF STREET �+ ORDINANCE NO 12-064 EASEMENT Y 9 (FORMERLY KNOWN AS FORSYTHE STREET) ORDINANCE N0.12-363 EASEMENT CLERKS ME ENO,20121329749.O.P.R.J.C. (60'PUBLIC Pox) ` CLERKS FILE NO 2012029747.O.P.R.J.C. Z (CALLED 0.3530 ACRE) Z CALLED 00338 ACRE)m 2 1 N 89'58'49" W 546.81 COMMENCING X FOUND `SET 1/2' (CALLED N 895519'W) POINT Lu CAPPED CAPPED UMN ROD IRON ROD FOUND CAPPED IRON ROD DEED OF TRUST BETWEEN DEED OF TRUST BETWEEN BAPTIST HOSPITAL OF SOUTHEAST TEXAS AN x BAPTIST HOSPITAL OF SOUTHEAST TEXAS AND THE BANK OF NEW YORK, Er THE BANK OF NEW YORK, WILLIAM J. BARBER, TRUSTEE .i WILLIAM J. BARBER, TRUSTEE � CLERICS FILE NA 2001029306,OP.R.dC_ - CLERKS FILE NO 200102930a.O.PJt.J.C. (REMAINDER OF A CALLED 16.9817 ACRES) (PART OF A CALLED 1&9817 ACRES) i SURVEYOR'S CERTIFICATION: 9'n 1 DO HEREBY CERTIFY,TO THE REST OF MY KNOV&EOGE AND BELIEF, ' .HAT THIS IS AN ACCURATE PLAT OF A SURVEY do DESCRIPPON MADE 0 20 0 ON THE GROUND UNDER MY SUPERMSION DURNC SEPTEMBER 2012 I ;1:11119 A L E X01 s V � 1TAI It J.KSCATEK ffAAUu NOTE: REFERENCE BEARING IS THE SOUTH LINE OF THE SAID 1&9817 ACRE REOSTERED Pltoir IONALiLAND SURVEYOR N0.5321 p•101 41, � ;t 11 TRACT HAVING BEEN CALLED SOUTH 8956'00'WEST 350.35 FEET. tQ 333 P Fit#z�Shiprnan 10' WIDE EXCLUSIVE WAFER LINE EASEMENT ,e ' !' �ESSL'+�'' INc. FROJEM NAME: HEB GROCERY COMPANY, LP °s au cwNuft and STAGG DRIVE PROJECT NO. 1505 CORNERSTONE COURT,BEAUMONT.TEXAS BEAUMONT, TEXAS 12067 0:\PRO,:ECTSV0050\100SO.0001\TOA 8-Ecsm is\IDOSOTSESWRLdwq SOP 10,2012 03:02PM (4m)a32-7236 FAX(409)812-73D3 DAM,,9-17-12 TASK 8