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Home My WebLink AboutRES 74 196LLJ/cb 5/24`1F 12 -SU -04 Tr 4 & 4- R-7l�- /9� R E S O L U T I O N WHEREAS, the City Council of the City of Beaumont deems it necessary to place, construct, operate, repair, rebuild, re- place, relocate and remove a main sewer trunk line and one lateral line and access manholes, hydrants, and other appurtenances in the City of Beaumont, Jefferson County, Texas; and WHEREAS, said City Council has found that the public neces- sity requires the placement, construction, and, operation of the main sewer trunk line and the lateral line on the hereinafter de- scribed property; and WHEREAS, said City Council deems it necessary to acquire two (2) easements (one for the main trunk line and one for the lateral line) in, under and across the hereinafter described pro- perty -for said placement, construction, operation, repair, rebuild- ing, replacing, relocation and removal of a main sewer trunk line and a lateral line, and the said City Council has found and deter- mined that the easement in, under and across the hereinafter de- scribed land is suited for such purposes and that it is necessary to acquire same for said purposes; and WHEREAS, the City of Beaumont through its duly authorized representatives, has negotiated with the owners of the hereinafter described land and has been unable to agree with the owners of such property as to the fair cash value thereof and damages, if any, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS that Kenneth Wall, City Attorney, be, and he is hereby, authorized the hereinafter described property, and claimants of interest therein, Proceedings in Eminent Domain to acquire easements for said purposes in, under and across the following described land situated in Beaumont, Jefferson County, Texas, .to -wit: TRACT NO. 1 BEING a twenty foot (20') strip of land out of the C. WILLIAMS SURVEY, Abstract 59, said strip of land and the contin- uations or projectiods thereof insofar as same bay be embraced within that cer- tain 3.82 acre tract of land deeded by quitclaim from CORA GUINN GOODWIN.to SEAWILLOW CUNNINGHAM PINCHBACK, dated November 28, 1964 and recorded in Volume 1414, Page 127 and that certain 119 acre tract deeded to SEAWILLOW PINCHBACK by the 58th District Court Cause 7990, dated December 5, 1911, and recorded in Volume 8, Pages 6 thru 25 of the District Court Records of Jefferson County, Texas, the centerline of said twenty foot (20') wide strip of land being more fully described as follows; BEGINNING at a point in the southerly line of the aforementioned 3.82 acre tract, said point being one thousand one hundred twenty-seven and forty-five hundredths feet (1127.45') Easterly from an iron pipe at the southwesterly corner of said 3.82 acre quitclaim, said point also being in the southerly line of the one hundred foot (100') Jefferson County Drainage District #6 JANE'S GULLY right-of-way, said point being the point of beginning of the herein described centerline; THENCE North one degree seven minutes forty- six seconds East (N 01°07'46" E), a distance of four hundred ninety-nine and seventy-three hundredths feet (499.73') to a point for cor- ner, said point being approximately ten feet (10') from and measured at right angle to the southwesterly line of a GULF PIPELINE COMPANY right-of-way of one hundred twenty-five foot (125') width, deeded from R. T. PINCHBACK, ET UX by deed dated February 6, 1929, and recorded in Volume 317, Page 392 of the Deed Records of Jefferson County, Texas; THENCE north fifty-six degrees three minutes forty-three seconds West (N 56°03'43" W) parallel to and approximately ten feet (101) distant from the southwesterly line of the aforementioned GULF PIPELINE right-of-way for a distance of one thousand six hundred ninety-nine and three hundredths feet (1699.03') to a point for corner; THENCE North zero degrees thirty-three minutes forty-seven seconds East (N 00°33'47" E) pass the aforementioned GULF PIPELINE COMPANY right- of-way and a fifty foot (50') MOBIL PIPELINE right-of-way conveyed from R. T. PINCHBACK, ET UX to MOBIL PIPELINE COMPANY by deed dated December 5, 1955 and recorded in Volume 1012, Page 628, for a total distance of one thousand two hundred sixty-five and ninety-two hundredths feet (1265.92') more or less to a point in the south right-of-way line of College Street, U.S. Highway 90, said point being four hundred eighteen and seven tenths feet (418.7') East along the south right-of-way of College Street from the point of intersection of the west line of the SEAWILLOW PINCHBACK 119 acre tract of land with the south line of College Street, said point being the end of the herein de- scribed centerline; CONTAINING IN AREA 1.591 acres of land, more or less, it being intended to describe herein a twenty foot (20') strip of land, there being ten feet (10') on each side of the hereinabove described centerline, across the said property for use as an underground sewer easement. TRACT N0. 2 BEING a twenty foot (20') strip of land out of the C. WILLIAMS SURVEY, Abstract 59, City of Beaumont, County of Jefferson, State of Texas, said strip of land and the continu- ations or projections thereof insofar as same may be embraced within that certain 119 acre tract deeded to SEAWILLOW PINCHBACK by the 58th District Court Cause 7990, dated December 5, 1911, and recorded in Volume 8, Pages 6 thru 25 of the District Court Records of Jef- ferson County, Texas, the centerline of said twenty foot (20') wide strip of land being more fully described as follows: f%� � _ `1 I/_ /") 6 1, Ii BEGINNING at a point in the most westerly west line of -the aforementioned 119 acre tract and in the east line of Lot SIXTEEN (16) , Block E of the MAYFAIR SECOND ADDITION to the City of Beaumont, twenty and eight tenths feet (20.8') northerly along said west line from the southeast corner of said Lot.:SIXTEEN (16) , said point being the point of beginning of the herein described center- line; THENCE North eighty-nine degrees twenty-five minutes fifty-four seconds East (N 89025'54" E), a distance of one hundred thirty-nine and eighty-two hundredths feet (139.821) to a point; THENCE South fifty-six degrees three minutes forty-three seconds East ($ 56-03143" E) , a distance of three hundred nineteen and three hundredths feet (319.03') to a point in the west line of a proposed City of Beaumont twenty foot (201) utility easement, said point being the end of the herein described centerline; CONTAINING IN AREA 0.211 acres of land, more or less, it being intended to describe herein a twenty foot (20') strip of land across the said porperty for use as an underground sewer line. TRACT N0. 3 A fifty foot (50') strip of land adjacent to and east of the south leg of Tract # 1, south and west of the center segment of Tract # 1 and west of the north leg of Tract # 1 herein- above described extending the entire length of the owner's property insofar as said owners' property is adjacent to Tract # 1. TRACT NO. 4 A fifty foot (50') strip of land adjacent to and south of Tract # 2 hereinabove described extending the entire length of the owners' property insofar as said owners' property is adjacent to' Tract # 2. Tracts THREE (3) and FOUR (4) hereinabove described are P1, temporary easements and shall terminate when the work of con- structing the sewer line in their respective permanent easements is completed and all excavated soil, construction refuse, vehicles, tools, equipment and materials have been cleaned up and removed from the premises. PROVIDED, however, that the owners of said land shall be permitted to use the areas covered by the foregoing permanent and temporary easements for any purposes that will not interfere there- with, and the City Attorney is hereby directed and authorized to specify such uses as may be consistent with the plans of con- struction of said sewer line; AND PROVIDED further that the temporary easements abutting the two permanent easements shall be for the purpose of permitting the agents and employees of Plaintiff and of Plaintiff's contractors to enter upon the hereinabove described property, to move thereon vehicles, tools and equipment, to make temporary dumps of excavated soil and construction materials and to do whatever else is neces- sary to construct the sewer line. AND PROVIDED further that the City Attorney be, and he is hereby authorized and directed to delete from the Proceedings in Eminent Domain any portion thereof which he believes is not owned by the parties named defendants, and to include any additional land lying under appurtenant railroad, or other easements, which would, by virtue of said Proceedings, be burdened with an additional ease- ment. '-) 07� PASSED BY THE CITY COUNCIL this <=>�K> 11 day of Acu A 1974. Mayor-, ATTEST:- ity Clerk