HomeMy WebLinkAboutORD 13-025 ORDINANCE NO.13-025
ENTITLED AN ORDINANCE VACATING AND ABANDONING
APPROXIMATELY 0.3611 ACRES OF STAGG DRIVE
LOCATED APPROXIMATELY 250' FROM 11T" STREET,
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, HEB Grocery Company, LP, by and through it's representative, John
Rose, Sr., has applied for the abandonment of approximately 0.3611 acres of Stagg Drive
located approximately 250' from 11 to Street, City of Beaumont, Jefferson County, Texas,
as described in Exhibit "A" and shown on Exhibit B," attached hereto, and,
WHEREAS, the City Council has considered the purpose of said abandonment and
is of the opinion that the easement is no longer necessary for municipal utility purposes
and the abandonment of said street is in the best interest of the City and should be
granted, subject to the following conditions:
• The 6"water main will need to be replaced with HDPE SDR-11 pipe, and the
12" sanitary sewer line will need to be replaced with HDPE SDR-17 pipe.
• A utility easement will need to be retained or an acceptable alternate
easement provided. The easement must contain the following:
• No structure or appurtenances shall be placed within the easement
property.
• Water Utilities will not be responsible for any surface restoration when
water and/or sanitary sewer main repairs are needed.
• HEB shall be responsible for the cost of relocating Time Warner Cable's fiber
and coax plant on power poles located in the right-of-way, if required.
NOW, THEREFORE, BE IT ORDAINED 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 approximately 0.3611 acres of Stagg Drive located approximately 250'from
11th Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and
shown on Exhibit "B," attached hereto, and the same is hereby vacated and abandoned
and that title to such property shall revert to and become the property of the persons
entitled thereto by law, subject to the following conditions:
• The 6"water main will need to be replaced with HDPE SDR-11 pipe, and the
12" sanitary sewer line will need to be replaced with HDPE SDR-17 pipe.
• A utility easement will need to be retained or an acceptable alternate
easement provided. The easement must contain the following:
• No structure or appurtenances shall be placed within the easement
property.
• Water Utilities will not be responsible for any surface restoration when
water and/or sanitary sewer main repairs are needed.
• HEB shall be responsible for the cost of relocating Time Warner Cable's fiber
and coax plant on power poles located in the right-of-way, if required.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30thday of April,
2013.
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LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
(0.1611 Acre Parcel)
Note: Bearings are based on a west line of Lot 1 of College Street Complex,a plat recorded
in Clerks File no. 2013001919 of the Official Public Records of Jefferson County Texas,
having been called North 00°26' 02"East 148.31 feet.
BEGINNING at a PK nail found in concrete in the north right-of-way line of Stagg Drive
and a west line of said Lot 1 for the southeast corner of a called 0.477 acre tract conveyed to
Care R. Fracht and wife, Patrice L. Fracht as recorded in Film Code 103-21-2215 of the
Real Property Records of Jefferson County, Texas and the northeast corner of the said
0.1611 acre tract from which a '/2" iron rod found for an exterior corner of said Lot 1 and
the northeast corner of the said 0.477 acre tract bears North 00° 26' 02" West 148.50 feet
(called North 001 26' 02" West 148.31 feet);
THENCE South 00° 26' 02"East along the said west line of Lot 1 and the east line of said
0.1611 acre tract a distance of 49.78 feet (called South 00° 26' 02" East 49.78 feet) to a
capped iron rod found in the south right-of-way line of Stagg Drive for an interior confer of
said Lot 1 and the southeast corner of the said 0.1611 acre tract;
THENCE West along the north line of the said Lot l,the south right-of-way line of Stagg
Drive and the south line of the said 0.1611 acre tract for a distance of 107.17 feet (called
West 107.17 feet) to a capped iron rod found for an angle point;
THENCE South 83° 58' 32" West continuing along the said north line of Lot 1, the said
south right-of-way line of Stagg Drive and the said south line of the 0.1611 acre tract a
distance of 33.09 feet (called South 83° 58' 21" West to a %z" capped iron rod st for the
southwest corner of the said 0.1611 acre tract;
THENCE North 000 22' 14" West along the west line of the said 0.1611 acre tract a
distance of 53.05 feet to an "X" in concrete found in the north right-of-way line of Stagg
Drive for eh southeast corner of a tract conveyed to Siemsen Properties, L.P., as recorded
in Clerks File No., 9818695 of the Official Public Records of Jefferson County, Texas,the
southwest corner of the said 0.477 acre tract and the northwest corner of the said 0.1611
acre tract from which the PK nail found at the intersection of said north righto-of-way line
of Stagg Drive and the east right-of-way line of 111" Street for the southwest corner of the
said Siemsen tract bears South 89° 55'08" West 149.95 feet(called West 150.00 feet);
THENCE North 89° 54' 58"East along the south line of the said 0.477 acre tract,the north
right-of-way line of Stagg Drive and the north line of the said 0.1611acre tract a distance
140.04 feet (called East 140.00 feet) to the POINT OF BEGINNING and containing
0.1611 acre of land,more or Iess.
This Field Note Description is based on a survey performed by Fittz and Shipman, Inc.
during February,2013
EXHIBIT"A"
(0.2002 Acre Parcel)
Note: Bearings are based on a west line of Lot I of College Street Complex,a plat recorded
in Clerks File no. 2013001919 of the Official Public Records of Jefferson County Texas,
having been called North 001 26' 02" East 148.31 feet.
BEGINNING at a PK nail found in at the intersection of the east right-of-way line of 11'b
Street and the north right-of-way line of Stagg Drive for the southwest corner of a tract
conveyed to Siemsen Properties, L.P. as recorded in Clerks File No. 9818695 of the
Official Public Records of Jefferson County, Texas and the northwest corner of the said
0.2002 acre tract;
THENCE North 89°55' 08"East along the said north right-of-way line of Stagg Drive and
the south line of the said Siemsen tract a distance of 149.95 feet(called East 150.00 feet)to
a"X" found in concrete for the southwest corner of a called 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, the southeast corner of the said
Siemsen tract and the northeast corner of the said 0.2002 acre tract from which a PK nail
found for the southeast corner of the said 0.477 acre tract bears north 89° 54' 58" East
140.04 feet(called East 140.00 feet);
THENCE South 00°22' 14"East along the east line of the said 0.2002 acre tract a distance
of 53.05 feet to a %" capped iron rod set in a north line of said Lot 1, College Street
Complex and the south right-of-way line of Stagg Drive for the southeast corner of the said
0.2002 acre tract;
THENCE South 83° 58' 21" West along the said north line of Lot 1, the said south
right-of-way line of Stagg Drive and the south line of the said 0.2002 acre tract a distance
of 62.23 feet(called South 83°58'21"West)to a capped iron rod found for an angle point;
THENCE North 89° 59' 39" West continuing along the said north line of Lot 1, the said
south right-of-way line of Stagg Drive and the south line of the said 0.2002 acre tract a
distance of 88.10 feet (Called North 89° 59' 39" West 88.10 feet) to a capped iron rod
found at the intersection of the said east right-of-way line of 11`x' Street and the said south
right-of-way line of Stagg Drive for the southwest corner of the said 0.2002 acre tract;
THENCE North 001 18' 03" West along the west line of the said 0.2002 acre tract a
distance of 59.37 feet to the POINT OF BEGINNING and containing 0.2002 acre of land,
more or less.
This Field Note Description is based on a survey performed by Fittz & Shipman, Inc,
during February 2013.
ro11N0 1/2'
RON Roo
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NOW OR FORMERLY NOW OR FORMERLY geo
SIEMSEN PROPERTIES, L.P. CAREY R. FRACHr AND
O:.FRKS FE.E N0.9618595,O.P.RR.P.J.C. WIFE, PATRICIA L FRACHT i$
FAN CODE 103-21-2215.RPR.J.C, o H h
0.51 ACRE
(CAUED 0.477 ACRE)
�
6
vPOINT OF
REG"ING
•-� Fo"*r FOWD PK LOT 1
•-+ N CoNOTE1E , HAL
PK N� 9t AL (CAVED VEST 170.00) (CA(.LhT)EAST 140.00) COMPEIM
S 69'5508" W 149.95 N 885456' E 140.04 COLLEGE STREET COMPLEX
CLERKS FILE NO,2013001919.O.P.R.J.C.
(M ED 10.1828 ACRES)
0.20 ACRE 0.1611 ACRE TO STAGG DRIVE
STAGG DRNE' BE ABANDONED (FURMMT KNOWN AS
FOISME STREET)
(F0101FRLY KNOW As (s0'PUSUC:P-0m)
rORSYR$STREET)
(80'PVWC KOX)
FOWD FOUt10
ET CAPPED CAPPED
M CAPPED R
IRON FOOD
�( IRON ROD
= LOT 1
W COLLEGE STREET COMPLEX
_ CLEWS Fg8$t0.2013001919,O.PSUM
(CALLCD 10.1525 AIRES)
0 LKJ
0 2s
APPROXIMATE ACREAGES
��° �� Sh I�B� P'lto78t.'r tu>�: CITY OF BEAUMOwr 1
STAGG DRIVE & lini STREET PRO.ECT No.
t4rs COTmRstome COURT.OMMONT.TEXAS BEAUMONT, TEXAS 11050.0()04
(409)832-7238 FAX(40)872-730 DATE;3-14--13
o\�o.l�cls\1oDSOVousV.000sV�assnoa+�.a.a Ma•14.Iola 1a:aDOm
*Approval of ordinance sulZiect to the following conditions:
1. The 6"water main will need to be replaced with HDPE SDR-1 l pipe,and the 12"sanitary sewer line
will need to be replaced to with HDPE SDR-17 pipe.
2. A utility easement will need to be retained. The easement must contain the following information:
• No structures or appurtenances shall be placed within the easement property;and
• Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer
main repairs are needed.
I HEB shall be responsible for the cost of relocating Time Warner Cable's fiber and coax plant on power
poles located in the right-of-way,if required.
RICH WITH INFORMATION
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T • E • X • A • S
IIIIINIIIIIIIIIIN�NIIII�IIII�IIINIII�IIIIIIIIII ORD 2013014473
7 PGS
THE STATE OF TEXAS §
§ CERTIFICATE TO COPY OF PUBLIC RECORD
COUNTY OF JEFFERSON §
I hereby certify, in the performance of the functions of the City Clerk's office, that the
attached instrument is a full, true, and correct copy of Ordinance 13-025. This Ordinance was
passed by Council on the 301' day of April, 2013, appears of record in my office and that said
document is an official record from the public office of the City Clerk of the City of Beaumont,
Jefferson County, State of Texas, and is kept in said office.
I further certify that I, Tina Broussard, am the City Clerk, of the City of Beaumont, that I
have legal custody of said record, and that I am a lawful possessor and keeper and have legal
custody of the records in said office.
In witness whereof I have hereunto set my hand and affixed the official seal of said office
this 2nd day of May, 2013.
City Clerk
t Qtij, 11, City of Beaumont,
f� itt Jefferson County, Texas
Tina Broussard, TRMC
AV
City Clerk • (409)880-3745 • Fax(409)880-3740
P.O.Box 3827 • Beaumont,Texas 77704-3827
ORDINANCE NO.13-025
ENTITLED AN ORDINANCE VACATING AND ABANDONING
APPROXIMATELY 0.3611 ACRES OF STAGG DRIVE
LOCATED APPROXIMATELY 250' FROM 11T" STREET,
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, HEB Grocery Company, LP, by and through it's representative, John
Rose, Sr., has applied for the abandonment of approximately 0.3611 acres of Stagg Drive
located approximately 250' from 11 m Street, City of Beaumont, Jefferson County, Texas,
as described in Exhibit "A" and shown on Exhibit B," attached hereto, and,
WHEREAS, the City Council has considered the purpose of said abandonment and
is of the opinion that the easement is no longer necessary for municipal utility purposes
and the abandonment of said street is in the best interest of the City and should be
granted, subject to the following conditions:
• The 6"water main will need to be replaced with HDPE SDR-11 pipe, and the
12" sanitary sewer line will need to be replaced with HDPE SDR-17 pipe.
• A utility easement will need to be retained or an acceptable alternate
easement provided. The easement must contain the following:
• No structure or appurtenances shall be placed within the easement
property.
• Water Utilities will not be responsible for any surface restoration when
water and/or sanitary sewer main repairs are needed.
• HEB shall be responsible for the cost of relocating Time Warner Cable's fiber
and coax plant on power poles located in the right-of-way, if required.
NOW, THEREFORE, BE IT ORDAINED 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 approximately 0.3611 acres of Stagg Drive located approximately 250'from
11th Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and
shown on Exhibit "B," attached hereto, and the same is hereby vacated and abandoned
and that title to such property shall revert to and become the property of the persons
entitled thereto by law, subject to the following conditions:
• The 6"water main will need to be replaced with HDPE SDR-11 pipe,and the
12" sanitary sewer line will need to be replaced with HDPE SDR-17 pipe.
• A utility easement will need to be retained or an acceptable alternate
easement provided. The easement must contain the following:
• No structure or appurtenances shall be placed within the easement
property.
• Water Utilities will not be responsible for any surface restoration when
water and/or sanitary sewer main repairs are needed.
• HEB shall be responsible for the cost of relocating Time Warner Cable's fiber
and coax plant on power poles located in the right-of-way, if required.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30thday of April,
2013.
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415.cd!�
Mayor Be Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
(0.1611 Acre Parcel)
Note:Bearings are based on a west line of Lot 1 of College Street Complex,a plat recorded
in Clerics File no. 2013001919 of the Official Public Records of Jefferson County Texas,
having been called North 00°26' 02"East 148.31 feet.
BEGINNING at a PK nail found in concrete in the north right-of-way line of Stagg Drive
and a west line of said Lot 1 for the southeast corner of a called 0.477 acre tract conveyed to
Care R. Fraebt and wife, Patrice L. Fracht as recorded in Film Code 103-21-2215 of the
Real Property Records of Jefferson County, Texas and the northeast corner of the said
0.1611 acre tract from which a '%" iron rod found for an exterior corner of said Lot 1 and
the northeast corner of the said 0.477 acre tract bears North 00°26' 02"West 148.50 feet
(called North 00°26' 02" West 148.31 feet);
THENCE South 001 26' 02"East along the said west line of Lot 1 and the east line of said
0.1611 acre tract a distance of 49.78 feet(called South 001 26' 02" East 49.78 feet) to a
capped iron rod found in the south right-of-way line of Stagg Drive for an interior corner of
said Lot 1 and the southeast corner of the said 0.1611 acre tract;
THENCE West along the north line of the said Lot l,the south right-of-way line of Stagg
Drive and the south line of the said 0.1611 acre tract for a distance of 107.17 feet(called
West 107.17 feet)to a capped iron rod found for an angle point;
THENCE South 83° 58' 32" West continuing along the said north line of Lot 1, the said
south right-of-way line of Stagg Drive and the said south line of the 0.1611 acre tract a
distance of 33.09 feet(called South 83° 58' 21" West to a %:" capped iron rod st for the
southwest corner of the said 0.1611 acre tract;
THENCE North 00° 22' 14" West along the west line of the said 0.1611 acre tract a
distance of 53.05 feet to an"X"in concrete found in the north right-of-way line of Stagg
Drive for eh southeast comer of a tract conveyed to Siemsen Properties, L.P.,as recorded
in Clerks File No.,9818695 of the Official Public Records of Jefferson County,Texas,the
southwest corner of the said 0.477 acre tract and the northwest corner of the said 0.1 611
acre tract from which the PK nail found at the intersection of said north righto-of-way line
of Stagg Drive and the east right-of-way line of 11"'Street for the southwest corner of the
said Siemsen tract bears South 89° 55'08"West 149.95 feet(called West 150.00 feet);
THENCE North 890 54' 58"East along the south line of the said 0.477 acre tract,the north
right-of-way line of Stagg Drive and the north line of the said 0.1611acre tract a distance
140.04 feet (called East 140.00 feet) to the POINT OF BEGINNING and containing
0.1611 acre of land,more or less.
This Field Note Description is based on a survey performed by Fittz and Shipman, Inc.
during February,2013
EXHIBIT"A"
I
(0.2002 Acre Parcel)
Note:Bearings are based on a west line of Lot 1 of College Street Complex,a plat recorded
in Clerks File no. 2013001919 of the Official Public Records of Jefferson County Texas,
having been called North 000 26' 02"East 148.31 feet.
BEGINNING at a PK nail found in at the intersection of the east right-of-way line of 11 1h
Street and the north right-of-way line of Stagg Drive for the southwest comer of a tract
conveyed to Siemsen Properties, L.P. as recorded in Clerks File No. 9818695 of the
Official Public Records of Jefferson County, Texas and the northwest corner of the said
0.2002 acre tract;
THENCE North 89°55' 08"East along the said north right-of-way line of Stagg Drive and
the south line of the said Siemsen tract a distance of 149.95 feet(called East 150.00 feet)to
a"X"found in concrete for the southwest corner of a called 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, the southeast corner of the said
Siemsen tract and the northeast comer of the said 0.2002 acre tract from which a PK nail
found for the southeast corner of the said 0.477 acre tract bears north 89° 54' 58" East
140.04 feet(called East 140.00 feet);
THENCE South 00°22' 14"East along the east line of the said 0.2002 acre tract a distance
of 53.05 feet to a %" capped iron rod set in a north line of said Lot 1, College Street
Complex and the south right-of-way line of Stagg Drive for the southeast comer of the said
0.2002 acre tract;
THENCE South 831 58' 21" West along the said north line of Lot 1, the said south
right-of-way line of Stagg Drive and the south line of the said 0.2002 acre tract a distance
of 62.23 feet(called South 83°58'21"West)to a capped iron rod found for an angle point;
THENCE North 891 59' 39" West continuing along the said north line of Lot 1, the said
south right-of-way line of Stagg Drive and the south line of the said 0.2002 acre tract a
distance of 88.10 feet (Called North 89° 59' 39" West 88.10 feet) to a capped iron rod
found at the intersection of the said east right-of-way line of I Vh Street and the said south
right-of-way line of Stagg Drive for the southwest comer of the said 0.2002 acre tract;
THENCE North 000 18' 03" West along the west line of the said 0.2002 acre tract a
distance of 59.37 feet to the POINT OF BEGINNING and containing 0.2002 acre of land,
more or less.
This Field Note Description is based on a survey performed by Fittz & Shipman, Inc,
during February 2013.
I
roua�i r '
NOW OR FORMERLY NOW OR FORMERLY ;
stEUSEN PROPERnES. L.P. FER P R. FRAL F AND
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0.51 ACRE («�ace A
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COLLEGE STREET COMPLEX
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*Approval of ordinance subject to the following conditions:
1. The 6"water main will need to be replaced with HDPE SDR-I 1 pipe,and the 12"sanitary sewer line
will need to be replaced to with HDPE SDR-17 pipe.
2. A utility easement will Deed to be retained. The easement must contain the following information:
• No structures or appurtenances shall be placed within the easement property;and
• Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer
main repairs are needed,
3. HEIR shall be responsible for the cost of relocating Time Warner Cable's fiber and coax plant on power
poles located in the right-of-way,if required.
\J
` i _ t
CITY OF BEAUMONT F rL3
CITY CLERK OFFICE OFFICIAL PUBLIC RECORDS
P 0 BOX 3827 -te re�w
BEAUMONT TX 77704-3827 � �pt�►
2013 May 06, 01:18 PM 2 013014473
CAROL: $36.00
CAROLYN L. GUIDRY, COUNTY CLERK
JEFFERSON COUNTY, TEXAS