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HomeMy WebLinkAboutRES 99-102 RESOLUTION NO. -14-2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby authorized to enter into a Joint Use Agreement with Jefferson County Drainage District No. 6 on their drainage easement in the Charles Williams League, Abstract 59 for the Walden Road Project. A plat depicting the proposed Joint Use Agreement and the contract are substantially in the forms attached hereto as Exhibits "A" and "B". PASSED BY THE CITY COUNCIL of the City of Beaumont this the JG,?Vt day of , 1999. LZ) - Mayor - SUBJECT WALDEN ROAD IMPROVEMENTS PROJECT =�f , 4I Old y J� PROPOSED JOINT USE AGREEMENT = q ? 4A DEN WAL EH " to J O� GL CAGLES < rte? RAl Y R CHARLES WILLIAMS LEAGUE M,M u" A _ > TILLERY ABSTRACT 59 ;1 LOW y BAYHILL v < `l u CIRCLE a JEFFERSON COUNTY DRAINAGE DISTRICT NO.6 e�`f qQ, rL `Pry' 9RO�S C,rP' 10 LEGEND SUBJECT PROPERTY LOCATIDN MAP N.T.S. BLOC;;a -- N.T.S. BLOCK 9 BLOCK 2 7 - EXHIBIT SHOWING EXISTING DRAINAGE DISTRICT #6 30 FEET WIDE DRAINAGE EASEMENTS LOCATED ALONG & PARALLEL TO WALDEN ROAD EXHIBIT "A" AG-VAL 01 JOINT USE AGREEMENT THE STATE OF TEXAS X COUNTY OF JEFFERSON X WHEREAS, the City of Beaumont, hereinafter called the City, proposes to make certain road and drainage improvements on that section of Walden Road; and WHEREAS, the Jefferson County Drainage District No. 6, hereinafter called the Owner, proposes to retain, locate or relocate certain of its facilities and retain title to any property rights it may have on, along or across, and within or over such limits of the Easement right-of-way as indicated on location sketches attached hereto as Exhibit"A" and copies of the original recorded easements attached hereto as Exhibit "B" made a part hereof for all purposes, except as provided hereinbelow; NOW, THEREFORE, it is hereby mutually agreed that joint usage for both street and drainage purposes will be made of the area within the road right-of-way limits as such area is defined and to the extent indicated on the aforementioned plans or sketches. Where Owner by reason of ownership of an easement or fee title or otherwise under law has the right to alter, modify or add to facilities presently located within the area above described or construct additional facilities therein, such right is hereby retained, provided, however, if existing facilities are to be altered or modified or new facilities constructed within said area the Owner agrees to notify the City prior thereto, to furnish necessary sketches showing location, type of construction and methods to be used for protection of traffic, and if, in the opinion of the City, such alteration, modification or new construction will injure the street or endanger the traveling public using said street, the City shall have the right, after receipt of such notice,to prescribe such regulations as necessary for the protection of the road facility and the traveling public using said road; provided further, however, that such regulations shall not extend to the requiring of the placement of intended overhead lines underground or the routing of any lines outside of the area of joint usage above described. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment, either party hereto may at their own responsibility and risk make necessary emergency repairs, notifying the other party hereto of this action as soon as is practical. Participation in actual costs incurred by the Owner for any future adjustment, removal or relocation of utility facilities required by road construction shall be in accordance with and to the extent possible under applicable laws of the State of Texas. Except as expressly provided herein, (1) the Owner's rights of access to the through-traffic roadways and/or ramps shall be subject to the same rules and regulations as apply to the general public, and (2)the Owner and the City, by execution of this agreement, do not waive or relinquish any right which they may have under the law or Constitution, State or Federal. EXHIBIT "B" In the event the Owner fails to comply with the requirements as set out herein, the City may take such action as it deems appropriate to compel compliance. IN WITNESS WHEREOF, the parties hereto have affixed their signatures. Owner: J son C age District No. 6 City of Beaumont By Title ' re C (�'c Title f Date 3 q Date THE STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME,the undersigned authority, on this day personally appeared 4: L4, , Jefferson County Drainage District No. 6, acknowledged on behalf of the Jefferson County Drainage District No. 6. 9Cw".Exp.0740vMW LINDA IF COLLINB NOTARY PUBLIC Notary Public, State of Texas State of Texas THE STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared City of Beaumont, a municipal corporation, acknowledged on behalf of the said City of Beaumont. Notary Public, State of Texas RETURN TO: City of Beaumont Gladys G.Allen P.O.Box 3827 Beaumont,TX 77704