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HomeMy WebLinkAboutRES 74 201R 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 and repair a sewer -line and access manholes, hydrants, and other appurtenances, in -The City of Beaumont, Jefferson County, Texas; and, WHEREAS, said City Council has found that public necessity requires the placement, construction and operation of a sewer line on the hereinafter described property; and, WHEREAS, said City Council deems it necessary to acquire an easement in, under and across the hereinafter described property for said placement, construction, operation and repair of a sewer line, and the said City Council has found and determined that the easement in, under and across the hereinafter described 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 and directed to file or cause to be filed against all owners of the hereinafter described property, and claimants of interest therein, Proceedings in Eminent Domain to acquire an easement for said purposes in, under and across the following described land situated in Beaumont, Jefferson County, Texas, to -wit: TRACT NO. 1 BEING a,0.252 acre tract of land out of the C. WILLIAMS SURVEY, Abstract 59, Beaumont, Jefferson County, Texas, said tract being a twenty foot (20') strip of land out of Lots 3 and 4, Block 4 of the DISHMAN ADDITION to the City of Beaumont, described in deed from SAMUEL L. BRYANT ET UX, A. LLOYD BYRAM ET UX, and DAVID H. SWAIN ET UX to BRYANT, BYRAM and SWAIN, a partnership, dated October 91 1970 and recorded in Volume 1656, Page 338 of the Deed Records of .Jefferson County, Texas, the plat of said DISHMAN ADDITION being fila�d in Volume 5, Page 172 of the Map Records of Jefferson County, Texas: BEGINNING at a point in the north right-of-way line of College Street, U. S. Highway 90, said point being the southeast corner of Lot 4 and the southwest corner of Lot 3, Block 4 of the DISHMAN ADDITION; THENCE in a northerly direction with the common line between Lots 3 and 4 for a distance of five hundred forty-eight and nine tenths feet (548.91) to an old 1" pipe in the south right- of-way line of a one hundred foot (100') Southern Pacific Railroad right -of -way, -said old 11° pipe being located westerly, a distance of two hun- dred eighty-four and four tenths feet (284.4') along the southerly right-of-way line of said Southern.Pacific Railroad right-of-way from a 3/4" pipe at the northeast corner of Lot 1, Block 4 of the DISHMAN ADDITION; CONTAINING IN AREA 0.252 acres of land more or less. TRACT NO. 2 A fifty foot (50') strip of land adjacent to and West of Tract No. 1 hereinabove described extending the entire length of the owner's property insofar as said owner's property is adjacent to Tract No'. 1. Tract Number TWO (2) hereinabove described is a temporary removed from the premises. PROVIDED, however, that theowners 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 directed and authorized to describe such purposes as are consistent with the plans of construction of said lines; AND PROVIDED further that the temporary easement shall be for the purpose of permitting the agents and employees of Plaintiff and of Plaintiff's contractors. to enter upon.the hereinabove de- scribed property, to move thereon vehicles, tools and equipment to make temporary dumps of excavated soil, and construction materials, and to do whatever else is necessary 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. PASSED BY THE CITY COUNCIL this the �V day of , 1974. v� Mayor - ATTEST.'