HomeMy WebLinkAboutORD 16-018ORDINANCE NO. 16-018
ENTITLED AN ORDINANCE VACATING AND
ABANDONING A 20' WATERLINE EASEMENT, CITY
OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, the City of Beaumont Public Works Department has requested the
abandonment of a 20' waterline easement, 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 dedicated waterline easement is no longer necessary for
municipal street purposes and the abandonment of said dedicated waterline easement
is in the best interest of the City and should be granted;
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 a 20' waterline easement, City of Beaumont, Jefferson County, Texas, as
described in Exhibit "A" and shown on Exhibit "B," attached hereto, be 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.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
March, 2016.
lotI
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
All that certain tract of land lying and being situated in Jefferson County, Texas, part of the
SAMUEL STIVERS SURVEY, ABSTRACT NO. 51, and being a part of that certain tract of
land herein referred to as the "1.148 acre" tract, which said 1.148 acre tract is described in that
certain instrument from Mickey Phelan B Land L.P. to the State of Texas, acting by and through
the Texas Transportation Commission, and recorded in County Clerks File No. 2002006640 of
the Official Public Records of Jefferson County, Texas and also being a part of that certain 5.124
acre tract of land herein referred to as the "5.124 acre" tract, which said 5.124 acre tract is
described in that certain instrument, describing a twenty foot wide easement, from J.H. Phelan, et
al to the City of Beaumont and recorded in Volume 1900, Page 227 of the Deed Records of
Jefferson County, Texas with the said herein described tract being more particularly described as
follows:
BEGINNING at a Texas Highway Department Type II right of way monument found at
the intersection of existing East right of way line of F.M. Highway 364 and the northwesterly
right of way line of Interstate Highway 10 and being in the southwesterly line of said 5.124 acre
tract and being the South corner of said 1.148 acre tract;
THENCE in a northwesterly direction with the southwesterly line of said 1.148 acre tract,
being the former northwesterly right of way line of Interstate Highway 10, and the southwesterly
line of the said 5.124 acre tract along a curve with a central angle of 26143'34" to the right, with
a radius of 485.87 feet for a distance of 226.64 feet to an iron rod found at the intersection with
the former East right of way line of F.M. Highway 364 and being the southwest corner of said
1.148 acre tract, the chord for said curve being North 32°41'01" West and 224.59 feet in length;
THENCE North 02°35'53" West along and with the said former East right of way line of
said F.M. Highway 364, being the West line of said 1.148 acre tract and the west line of said
5.124 acre tract for a distance of 335.17 feet to a iron rod found for an angle point;
THENCE North 02°40'38" West continuing with said former East right of way line of
F.M. Highway 364, being the West line of said 1.148 acre tract and the west line of said 5.124
acre tract for a distance of 254.57 feet to a Texas Highway Department Type II right of way
monument found for the North corner of said 1.148 acre tract and the North corner of the herein
described tract;
THENCE in a southeasterly direction along and with the existing southwest right of way
line of F.M. 365 being the East line of said 1.148 acre tract and being in a curve to the left with a
central angle of 06°53'28" and a radius of 2789.79 feet, for an arc distance of 335.53 feet to a
point for corner at the intersection with the east line of said 5.124 acre tract, the chord of said
curve being South 06004'39" East and 335.32 feet in distance;
THENCE South 02035'53" East along and with the East line of said 5.124 acre tract,
being 20 feet perpendicular distance East from said former East right of way line of F.M.
Highway 365, being the West line of said 1.148 acre tract, for a distance of 252.07 feet to a point
of curvature of a non -tangent curve with a central angle of 21112'24" to the right, with a radius
of 465.87 feet;
EXHIBIT "A"
THENCE along and with said curve to the left, and being 20 feet parallel northeastward
from the said southwesterly line of said 1.148 acre tract and being the northeasterly line of said
5.124 acre tract, for an arc distance of 172.43 feet, the chord for said curve being South
30°16'54" East and 171.45 feet in length to a point in the East line of said 1.148 acre tract;
THENCE along and with the East line of the said 1.148 acre tract and being in a non -
tangent curve with a central angle of 00°58' 16" to the right, with a radius of 2789.79 feet, an arc
distance of 47.29 feet and a chord distance of 47.28 feet which bears South 18028'16" East back
to the Point of Beginning and containing 0.259 acres of land.
m
x
P.O.B.
0.259 ACRES
PATRICK HENRY PHELAN AND
MICHAEL ARTHUR PHELAN TRUSTEES
631.00 ACRE TRACT
VOL: 2163. PG. 107
0_2Rj9\'\ AG.KEb
S • p
��� / 1 � 1• col °��� ` wP�t,EX�sj 1
i'i •.�-'' ix00T
LINE TABLE
No.
BEARING
DIST.
L1
N 02'35'53" W
335.17'
ON
02'40'38" W
254.57'
L3
S 02'35'53" E
252.07'
LEGEND
Q TxDOT MONUMENT
IRON ROD
FM 364 (MAJOR
TxDOT R.O.W. (FORMER)
CURVE TABLE
No. CURVE DATA
0= 26'43'34"
C1
R= 485.87'
L= 226.64'
CHORD= N 32'41'01" W
224.59'
�= 06'53'28"
C2
R= 2789.79'
L= 335.53'
CHORD= S 06'04'39" E
335.32'
A= 21.12'24"
C3
R= 465.87'
L= 172.43'
CHORD= S 30'16'54" E
171.45'
�= 00'58'16"
C4
R= 2789.79'
L= 47.29'
CHORD= S 18'28'16" E
47.28'
TxDOT R.O.W.
q_�
C1'IY o BEAUMONT EA— SEMS _—_ --
C2 4�VOL_-- PG._227 0_R of J_ — Tx. _—___
--
1
EXISTING 20' EASEMENT
(5.124 AC. EASEMENT)
PATRICK HENRY PHELAN AND
MICHAEL ARTHUR PHELAN
228,67 ACRE TRACT
FILE -NO, 100-28-1987
P LAT
of
0.259 ACRE TRACT
IN THE
S. STIVERS SURVEY,
ABSTRACT No. 51
BEAUMONT, JEFFERSON COUNTY,
TEXAS
0 30 Bo 120
�LSISCHALIMBDRG & POLK, we
0 ona`,m,em,,•
BEAUMONT
��I.II��II�IYIIII�^x.s�s 20I6010111
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 16-018. This Ordinance was
passed by Council on the 29th day of March, 2016, 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 31 st day of March, 2016.
City Clerk
City of Beaumont,
Jefferson County, Texas
d ,
Tina Broussard, TRMC
City Clerk • (409) 880-3745 • Fax (409) 880-3740
P.O. Box 3827 • Beaumont, Texas 77704-3827
w
ORDINANCE NO. 16-018
ENTITLED AN ORDINANCE VACATING AND
ABANDONING A 20' WATERLINE EASEMENT, CITY
OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, the City of Beaumont Public Works Department has requested the
abandonment of a 20' waterline easement, 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 dedicated waterline easement is no longer necessary for
municipal street purposes and the abandonment of said dedicated waterline easement
is in the best interest of the City and should be granted;
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 a 20' waterline easement, City of Beaumont, Jefferson County, Texas, as
described in Exhibit "A" and shown on Exhibit "B," attached hereto, be 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.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
March, 2016.
t - a or Becky A es -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
All that certain tract of land lying and being situated in Jefferson County, Texas, part of the
SAMUEL STIVERS SURVEY, ABSTRACT NO. 51, and being a part of that certain tract of
land herein referred to as the "1.148 acre" tract, which said 1.148 acre tract is described in that
certain instrument from Mickey Phelan B Land L.P. to the State of Texas, acting by and through
the Texas Transportation Commission, and recorded in County Clerks File No. 2002006640 of
the Official Public Records of Jefferson County, Texas and also being a part of that certain 5.124
acre tract of land herein referred to as the "5.124 acre" tract, which said 5.124 acre tract is
described in that certain instrument, describing a twenty foot wide easement, from J.H. Phelan, et
al to the City of Beaumont and recorded in Volume 1900, Page 227 of the Deed Records of
Jefferson County, Texas with the said herein described tract being more particularly described as
follows:
BEGINNING at a Texas Highway Department Type II right of way monument found at
the intersection of existing East right of way line of F.M. Highway 364 and the northwesterly
right of way line of Interstate Highway 10 and being in the southwesterly line of said 5.124 acre
tract and being the South corner of said 1.148 acre tract;
THENCE in a northwesterly direction with the southwesterly line of said 1.148 acre tract,
being the former northwesterly right of way line of Interstate Highway 10, and the southwesterly
line of the said 5.124 acre tract along a curve with a central angle of 26143'34" to the right, with
a radius of 485.87 feet for a distance of 226.64 feet to an iron rod found at the intersection with
the former East right of way line of F.M. Highway 364 and being the southwest corner of said
1.148 acre tract, the chord for said curve being North 32°41'01" West and 224.59 feet in length;
THENCE North 02°35'53" West along and with the said former East right of way line of
said F.M. Highway 364, being the West line of said 1.148 acre tract and the west line of said
5.124 acre tract for a distance of 335.17 feet to a iron rod found for an angle point;
THENCE North 02140'38" West continuing with said former East right of way line of
F.M. Highway 364, being the West line of said 1.148 acre tract and the west line of said 5.124
acre tract for a distance of 254.57 feet to a Texas Highway Department Type II right of way
monument found for the North corner of said 1.148 acre tract and the North corner of the herein
described tract;
THENCE in a southeasterly direction along and with the existing southwest right of way
line of F.M. 365 being the East line of said 1.148 acre tract and being in a curve to the left with a
central angle of 06°53'28" and a radius of 2789.79 feet, for an are distance of 335.53 feet to a
point for corner at the intersection with the east line of said 5.124 acre tract, the chord of said
curve being South 06104'39" East and 335.32 feet in distance;
THENCE South 02035'53" East along and with the East line of said 5.124 acre tract,
being 20 feet perpendicular distance East from said former East right of way line of F.M.
Highway 365, being the West line of said 1.148 acre tract, for a distance of 252.07 feet to a point
of curvature of a non -tangent curve with a central angle of 21012'24" to the right, with a radius
of 465.87 feet;
THENCE along and with said curve to the left, and being 20 feet parallel northeastward
from the said southwesterly line of said 1.148 acre tract and being the northeasterly line of said
5.124 acre tract, for an arc distance of 172.43 feet, the chord for said curve being South
30016'54" East and 171.45 feet in length to a point in the East line of said 1.148 acre tract;
THENCE along and with the East line of the said 1.148 acre tract and being in a non -
tangent curve with a central angle of 0015 8'16" to the right, with a radius of 2789.79 feet, an arc
distance of 47.29 feet and a chord distance of 47.28 feet which bears South 18"28' 16" East back
to the Point of Beginning and containing 0.259 acres of land.
P.O.B.
0.259 ACRES
m
x
a
PATRICK HENRY PHELAN AND
MICHAEL ARTHUR PHELAN TRUSTEES
631.00 ACRE TRACT
VOL; 2163, PC. 107
01 OOP
.2
LINE TABLE
No.
BEARING
DIST.
L1
N 02'35'53" W
335.17'
ON
02'40'38" W
254.57'
OS
02'35'53" E
252,07'
LEGEND
TxDOT MONUMENT
• IRON ROD
FM 364 (MAJORDRIVE)
TxDOT R.O.W. (FORMER)
CURVE TABLE
No. CURVE DATA
a= 26-43'34"
Cl
R= 485.87'
L= 226.64"
CHORD- N 32'41'01" W
224.59'
a- DB'53'28"
C2
R= 2789.79'
L= 335.53'
CHORD- S 06'04'39" E
335.32'
a- 21'12'24"
C3
R= 465.87'
L— 172.43'
CHORD= S 30' 16'54" E
- 171.45'
a- 00'S6'i6"
C4
R- 2789.79'
L-" 47.29'
CHORD- S 18'28'16" E
47.28'
TxDOT R.O.W.
(EXIST.)
MONT EASEM
G. 227 OAR_ of J.C. Tx,_ ---_--
EXISTING 20' EASEMENT
(5.124 AC. EASEMENT)
PATRICK HENRY PHELAN AND
MICHAEL ARTHUR PHELAN
228.67 ACRE TRACT
FILE -NO. 100-28-1987
PLAT
Of
0.259 ACRE TRACT
IN THE
S. STIVERS SURVEY,
ABSTRACT No. 51
BEAUMONT, JEFFERSON COUNTY,
TEXAS
-- �4"Q-
0 30 60 120
(=1dJf:�SCNAUMOURG S � �K. we
CITY OF BEAUMONT
ATTN: TINA BROUSSRRO
801 MAIN ST 0125
BEAUMONT TX 77701
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Cam. --e jjwt
Carolyn L. Guidry, County Clerk
Jefferson County, Texas
April 01, 2016 02:05:03 PM
FEE: $42.00 2016010117