HomeMy WebLinkAboutORD 63-EEUsu cf-1- l (LI
AN ORDINANCE
AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF
BEAUMONT TO EXECUTE AND DELIVER AN EASEMENT TO
COLONIAL PIPELINE COMPANY ACROSS PROPERTY OWNED
BY IT IN THE JOHN A. VEATCH SURVEY AND .JOHN W.
_BULLOCK LEAGUE SURVEY IN BEAUMONTa JEFFERSON
66UNTYJ9 TEXAS, MORE PARTICULARLY DESCRIBED HERE-
IN; AND AUTHORIZING THE EXECUTION OF A RELEASE
FOR DAMAGES TO PROPERTY ADJACENT TO SAID EASEyIENT.,
OWNED BY THE CITY OF BEAUMONT.
BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS:
That the City Manager be, and he is hereby., authorized to execute
and deliver for and -on behalf of The( -'City of Beaumont an Easement
to Colonial Pipeline Company across a tract of land owned by the
City; for the consideration of $,72.00� said easement being dated
December 18, 1962 and being thirty (30t) feet in width, described
as follows., to wit:
That certain tract of land located in the John A.
Veatch Survey, A-.55 and containing 14.67 acres
more or less' being the NW 2 .of Block No. 48 in the
Spindletop Heights Subdivision, AND also that cer-
tain tract of land located in the John W. Bullock
League Survey, A-7 and containing 3.12 acres., more
or less. Said two (2) tracts of land being described
in a deed from F. A. Heitmanaj et alp dated 6-5.-11.,
recorded in Vol. 12.8a.at page 39 of the deed records
of Jefferson County., which reference is. hereby made
for all purposes.
The, -.permanent right of: way and easement herein, granted
shall be confined to the following described strip of
land:
Commencing at a point in the N-ortheasterly right-of-
way line of the.Kansas City Southern Railway.ts Chaison
Spur at its intersection with the line common to the
John.A. Veatch, A--55 and J. W. Bullock A--7 Surveys;
Thence N. 19 degrees 10 minutes E. a distance of 55.58
feet to the place of beginning;
Thence S. 44 degrees.56 minutes E•.� 50 feet from and
parallel to the Northeast right. -of -way line of the
Kansas City Southern Railroad, a distance of 1,153.98
feet to a point for the Southernmost corner of this
tract;
Thence N. 45 degrees 34 minutes.E. a distance of 30.01
feet to a point for corner;
a � µ
Thence N. 44 degrees 56 minutes W. 80 feet from and
parallel to the.Northeast right. -of -way line of the
Kansas City Southern Railroad a distance -of 1,168.55
feet to a point.for corner;
Thence 8. 19 degrees 10 minutes W. a distance of
33.35 feet to the above described place,of beginning;
- and containing 0_.800 acre of land, more or -less:
AND BE IT FURTHER ORDAINED that the City Manager be, and
he is. hereby, authorized to execute on behalf of The City .of Beau-
mont the Releas.e, dated December 18,.1962, whereby the City, in
consideration -of the sum .of Nineteen Hundred Twenty-eight ($1928.00)
Dollars., releases the said Colonial Pipeline Company from any claim
for damages to the remaining property owned by the City. adjacent to
said pipeline right of way; and the City Clerk is hereby authorized
to.attest to said instrument and to affix the seal of The City of
Beaumont thereto.
PASSED by the City Council this.18th day of December,.A.D.
1962.
R E L E A S E
For and in consideration of the sum of Nineteen Hundred
and -Twenty-eight ($1928.00) Dollars to it in hand paid by Colonial
Pipeline Company, receipt of which is hereby acknowledged, The City
of Beaumont, Texas, hereby acknowledges that said sum is accepted
in full payment of any damages to the remaining part of the herein-
after described tracts of land by reason of the conveyance to the
said Colonial Pipeline Company of an easement thirty (30#) feet in
width across said tracts.
This sum of money is paid by Colonial F:ip li_ae Company for
damages to the remainder of the property owned by The City of Beau -
wont from which said easement is granted, and The City of Beaumont
agrees in consideration of said sum of money not to make any claim
or demand against Colonial Pipeline Company for damages to the re-
maining portion of said two (2) tracts of land, same being described
as follows:
FIRST TRACT: That certain tract of land located
in the John A. Veatch Survey and containing 14.67
acres, more or less, being the NW I of Bloc. No.
43 in the Spindletop Heights Subdivision.
SECOND TRACT: That certain tract of land located
in the John W. Bullock League Survey and contain-
ing 3.12 acres, more or less.
Said two '( 2 ) tracts of land are also described as
being that same land described in a deed from F. A.
Heitmann, et al to City of Beaumont, dated June
1911s Recorded in Vol. 128, Page 39 of the Deed
Records of Jefferson County, Texas, which reference
is hereby made for all purposes.
DATED at Beaumont, Texas, this 18th day of December, A.D.
- 1962. 1 - - - ---
ATTEST:
City C erk
THE CITY OF BEAUMONT
by:
City Manager
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON :
THAT for and in consideration of Seventy-two ($72.00) Dol-
lCrs, the receipt of which is hereby acknowledged,. The City of
Beaumont, a municipal corporation of Jefferson County, Texas, here-
inafter referred to as Grantor, does hereby GIUNT and CONVEY unto
Colonial Pipeline Company, a Delaware corporation, its successors
and assigns, hereinafter referred to as Grantee, an easement for a
pipeline right of way, with the right to construct, Maintains in-
spect, operate, protect, repair, replace, change the size of, and
remove a pipe line for the transportation of liquids and/or uses
on, over and through property owned by it and situated in Jefferson
Countyi Texas, more particularly described as follows, to wit:
That certain tract of land located in the John A.
Veatch Survey, A-55 and containing14.67 acres,
more or less, being; the,IW x of Block No. 48 in the
Spindletop Heights Subdivision, „aD also that ocer-
tain tract of land located in the John W. Bullock
League Survey, A-7 and containing 3.12 acres, more
or less. Said two (2) tracts of land being described
in a deed from F. A. Heitman, et al, dated 6-5-11,
recorded in Vol. 128s at Page 39 of the deed records
of Jefferson County, which reference is hereby made
for all purposes.
The permanent right of way and easement herein granted
shall be confined to the following described strip of
land:
Commencing at a point in the Northeasterly right. -of -
way line of the Kansas City Southern Railways Chaison
Spur at its intersection with the line common to the
John A. Veatch, A-55 and J. W. Bullock A-7 Surveys;
Thence N. 19 degrees 10 minures E. a distance of 55.58
feet to the place of beginning;
Thence S. 44 degrees 56 minutes E., 50 feet from and
parallel to the Northeast right-of-way line of the
kansas City Southern Raa.xroad, a distance of 1,153.98
feet to a point for the Southernmost corner of this
tract;
Thence N. 4J degrees 34 minutes E. a distance of 30.01
feet to a point for corner;
Thence N. 44 degrees 56 minutes w. 80 feet from and
parallel to the Northeast right-of-way line of the
Kansas City Southern Railroad a distance of 10168.55
feet to a point for corner;
Thence S. 19 degrees 10 minutes 11. a distance of 33.35
feet to the above described place of beginning, and
containing; 0.800 acres of land, more or less.
Grantee shall have the right, during the period of origi-
nal construction only, to use such edditional area of land parallel
with and adjacent to the above described strip of land that in
rerasonable and necessary for the .installation of Grpnteets pipe line,
conditioned that any demnge to said additionil.land sha31l be re-
paired, and upon completion 'of the construction of the pipe line,
the property shall be leveled �,nd Left in good condition.
This easement :is gi anted subject to the following conditions:
Grantor and its successors shall have the right to use and
enjoy the above described land except as same may be necessary for
the purpose Herein granted, but the City or its successors agree not
to build, create or construct any structures or other obstructions
over said pipe line that would interfere with the maintenance or re-
pair of same.
GRANTOR «nd its successors shall have the right to cross
said ea.seatent with roaadss highways or railroad tracks, and Grantor
shall have the additional right to cross said easement with water and
sewer lines and other utilities without cost to Grantor, and it is
ar;'reed that Grantee shall, at .its expense, protect its pipe line from
de age due to the Installktion of said structures. Any gripe line
constructed by Grantee across any portion of the above described land
shcJl be buried at a depth of not less than forty-eight (48") inches.
Any pipe line so constructed :shall be cased where it crosser nny
exl.ating road or highway.
Grantee agrees by the acceptance of this easement to the
above stated conditions.
TO ILWE AND TO HOLD, all and s insular the rights: and privi-
leges aforesaid unto Colonial Pipeline Company, its successors and
assigns, forever, subject to the conditions and reservations herein
expressed.
EXECUTED at Beaumont, Texas, this the 18th day of December,
A. D. 1962.
THE CITY OF BEAMIONT
ATTEST;
City Clerk
By:
City Manaeer