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Home My WebLink AboutRES-24-313RESOLUTION NO.24-313 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City of Beaumont will construct new sidewalk improvements along Fannett Road from 1 lth Street to 4th Street; and, WHEREAS, a Temporary Construction Easement is required to remove and replace five (5) feet of existing driveway located at 3105 Fannett Road, to properly slope the driveway and sidewalk in order to meet ADA regulations; and, WHEREAS, the owner at 3105 Fannett Road, Charles Ray Paul, has agreed to convey a ten (10') foot wide Temporary Construction Easement to the City of Beaumont for this project, said easement being 320.00 square feet in the James W. Bullock Survey, Abstract No. 7, being out of and a part of Lots 1-3, Block 14 of the Booker Heights Addition; NOW, THEREFORE, BE IT RESOLVED 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 said above -described Temporary Construction Easement conveyed from Charles Ray Paul, be and the same is hereby, in all things, accepted. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December, 2024. No Text STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § TEMPORARY CONSTRUCTION EASEMENT That, CHARLES RAY PAUL, of the County of Jefferson, State of Texas, hereinafter called "GRANTOR", for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE" or the "CITY", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED and CONVEYED, and by these presents does GRANT and CONVEY unto the said CITY OF BEAUMONT, its successors and assigns, a temporary right, privilege, and temporary easement for construction purposes in, over and across that certain tract of land owned by Grantor situated in the City of Beaumont, Jefferson County, Texas, said temporary easement and the tract or parcel of land out of which said temporary easement described in Exhibit "A" attached hereto and made a part hereof for all purposes. The temporary easement herein granted shall be used for the purpose of constructing a sidewalk, the City or its agent will remove and replace five feet (5') of the existing driveway to properly slope the driveway in said ten feet (10') areato comply with ADA regulations. The temporary construction easement shall expire upon the successful completion of the project and the following rights are also hereby conveyed: It is expressly understood and agreed that the City shall have the right of ingress to and egress from the tract of land ofthe GRANTOR as well as beneath and below the surface ofthe above -described easement for the aforesaid purposes of this easement. TO HAVE AND TO HOLD the above -described easement unto the said CITY OF BEAUMONT, Jefferson County, Texas, its successors and assigns forever. EXECUTED this day of /lei. cd , 2024. GRANTOR: AV, 4, a BY: Charles Ray P 1 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, this instrument was acknowledged before me on the -7-f date of do'�6"l' 2024 by Charles Ray Paul. GIVEN UNDER MY HAND AND SEAL OF OFFICE, date of A10V&"b 2024 Y rti�+ ^•_ SHONTELE GALLIEN +�A My Notary ID # 13081M Expires Septernber 13, 2028 r. RETURN TO: City of Beaumont Attn: Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 Notary Public, State of Texas EXHIBIT "A„ Legal Description: 320.00 Square Feet Temporary Construction Easement Out of and Part of Lots 2 and 3, Block 14 Booker Heights Volume 4, Pages 113 & 114, Map Records J.W. Bullock Survey, Abstract No. 7 Beaumont, Jefferson County, Texas BEING a 320.00 square feet temporary construction easement situated in the J.W. Bullock Survey, Abstract No. 7, Jefferson County, Texas and being out of and part of Lots 2 and 3, Block 14 of Booker Heights, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 4, Pages 113 and 114, Map Records, Jefferson County, Texas and being out of and part of that certain tract of land being called all of Lots 10, 11, 12, 13 and all of Lots 1, 2, 3 except that 30 foot strip off the North side deeded to Jefferson County, and a portion of the 20 foot alley, all in Block 14 of Booker Heights Addition as described in a deed from Howell Owens, Substitute Trustee, to Jerry Levias as recorded in Film Code No. 100-99-1640, Official Public Records of Real Property, Jefferson County, Texas and furthermore being out of and part of that certain tract of land being called all of Lots Numbered Ten, Eleven, Twelve and Thirteen (10, 11, 12, 13) and all of Lots Numbered One, Two and Three (1, 2 & 3) except that thirty foot (30') strip off the North side deeded to Jefferson County, and a portion of the twenty 'foot (20) alley, all in Block 14 of Booker Heights Addition as described in a "General Warranty Deed" from Nathan M. Clover to Charles Paul as recorded in Clerk's File No. 2022028246, Official Public Records of Real Property, Jefferson County, Texas, said 320.00 square feet temporary construction easement being more particularly described as follows: NOTE; All bearings are referenced to the Northwesterly line of the said Charles Paul tract as NORTH 51 °5731 " EAST as recorded in the above referenced Film Code No. 10 0 - 99-1640, Official Public Records ofReal Property, Jefferson County, Texas. COMMENCING at an iron rod with a cap stamped "SOUTEX" found for the Northeast corner of the said Charles Paul tract, said corner also being the intersection of the Southeasterly right-of- way line of Fannett Road (also being State Highway 124) (based on a width of 120 feet) and the West right-of-way line of Fourth Street (called Lafayette Street per plat) (based on a width of 60 feet) and also being the .Northeast corner of the remainder of the said Lot 1, Block 14 of Booker Heights; THENCE SOUTH 5105731" WEST, along and with the Southeasterly right-of-way line of Fannett Road and the Northwesterly line of the said Charles Paul tract, for a distance of 94.33 feet to the POINT OF BEGINNING of the easement herein described, said corner being in the Northwesterly line of the remainder of the said Lot 2; THENCE SOUTH 38002'29" EAST, over and across the remainder of the said Lot 2 and the said Charles Paul tract and perpendicular to the Southeasterly right-of-way line of Fannett Road, for a distance of 10.00 feet to a point for corner; EXHIBIT "A" ►?g11rr_►_FY THENCE SOUTH 51 °57'31" WEST, over and across the remainder of the said Lots 2 and 3 and the said Charles Paul tract and parallel to the Southeasterly right-of-way line of Fannett Road, for a distance of 32.00 feet to a point for corner; THENCE NORTH 38002'29" WEST, over and across the remainder of the said Lot 3 and the said Charles Paul tract and perpendicular to the Southeasterly right-of-way line of Fannett Road, for a distance of 10.00 feet to a point for corner, said corner being in the Southeasterly right-of-way line of Fannett Road and in the Northwesterly line of the said Charles Paul tract and the Northwesterly line of the remainder of the said Lot 3 and from said corner an iron rod with a cap stamped "SOUTEX" found for the Northwest corner of the said Charles Paul tract, the same being the Northwest corner of the remainder of the said Lot 10 and the Northeast corner of the remainder of Lot 9, Block 14 of the said Booker Heights, bears SOUTH 51°57'31" WEST a distance of 76,92 feet; THENCE NORTH 5105731" EAST, along and with the Southeasterly right-of-way line of Fannett Road and the Northwesterly line of the said Charles Paul tract, for a distance of 32.00 feet to the POINT OF 13EGINNING and containing 320.00 Square Feet, more or less. Surveyed on November 15, 2024. This legal description is being submitted along with a plat based on this survey. Thomas S. Rowe, RPLS No. 5728 Texas Surveying Firm No.: 10106700 W.\2024124.1411\24.141 I m&b.docx ...::............. ............. ...: Tf+OMAS s, Rowe ................................ EXHIBIT "A" 11111TEGEY INFRASTRUCTURE GROUP 1 1 • i EXHIBIT ?. .'c.;31.%D"�M;4u9111111I W'Buw�U�µlW�,OR�',+i01I0a➢f: "•r..�;rr"'.C�"di Scale:i LINE BEARING DISTANCE L1 S38'02 29"E 10.00, L2 S51'57' L3 N38'02' 31 "W 32,00' OQ�SG 29"W 10,00' FND 1/2" I. ROD W/CAP STAMPED "SOUTEX" voL' 4, 43 von 0 I Vol 10 i Vol ,N ALL OF LOTS 10, 11, 12, 13 & ALL OF LOTS 1, 2 & 3, BLOCK 14 S&E 30' STRIP OFF OF NORTH SIDE & A PORTION OF 20' ALLEY CHARLES PAUL CF NO. 2022028246 �I OPRJC I FORMERLY JERRY LEVIAS z FC NO. 100-99-1640 �I OPRJC ~I of v(5 12 I \0 1� of I HARRIOT STREET (6D' R.O.W.) TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I, THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. / s DATE SURVEYED:_.NOVEMBER 15, 2024 o' THOMAS ROWE .. .......... - "6728 s FND 1/2" I. ROD W/CAP STAMPED "SOUTEX" s q ^ ti W 4iz Lu W to CoNd � 00 v I.:+ 6 V FND 1/2" I. ROD W/CAP STAMPED "SOUTEX" 320.00 SQUARE FEET TEMPORARY CONSTRUCTION EASEMENT OUT OF & PART OF LOTS 2 & 3, BLOCK 14 BOOKER HEIGHTS VOL. 4, PGS. 113 & 114, M. R. J.W. BULLOCK SURVEY ABSTRACT NO.7 BEAUMONT, JEFFERSON COUNTY, TEXAS 1 "n30' 1 3 OF 3 W:\ \2n4\24-NN = ff BFNM 124-1411 MOM HUELEY INFRASTRUCTURE GROUT' Towns Enolnminp Fl,m No. F-2633 ia.os 9urvo log Firm No. 1010070D Laulatana Sumoy�n0 Fhm No. VF0000874 Road, BS5 Lanaham Rd, 014.Unaumonl, Tex MOT