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HomeMy WebLinkAboutRES 91-042 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute an acceptance of a greenbelt easement submitted to the City of Beaumont by Lamar Bancshares, Inc. substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the Aktkday of 1991. - Mayor - j // f7L, cam. aG�lJ 19 i z a GREENBELT EASEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § That Lamar Bancshares, Inc. , (hereinafter called "Grantor") FOR AND IN CONSIDERATION of Ten and No/100 Dollars ($10. 00) and other good and valuable consideration to it in hand paid by the Grantee hereinafter named has Granted, Sold and Conveyed and by these presents does Grant, Sell and Convey unto the City of Beaumont, a municipal corporation of the State of Texas, a Greenbelt Easement over and across a certain thirty foot (301 ) wide strip of land owned by Grantor along the South side of the Keith Ditch just West of its intersection with Dowlen Road in the City of Beaumont, Jefferson County, Texas, as more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. The purpose of this easement is to prevent Grantor or its successors or assigns from removing any trees more than 12 inches in diameter (measured 5 feet above natural ground level) from said 30 ' easement strip. The 30 ' easement strip will perpetually remain a greenbelt where trees, shrubs, grass and plants can grow. Grantor and its successors and assigns will be permitted to remove trees smaller than 12 inches in diameter (measured as aforesaid) , underbrush and weeds from the strip for the purpose of establishing a lawn under the trees in the area if it so desires. Grantor and its successors and assigns will r EXHIBIT "A" perpetually maintain said 30 ' strip in accordance with all applicable City ordinances. No buildings, hard surface paving or any other permanent improvements will ever be constructed or maintained on the easement strip, but Grantor and its successors and assigns shall have the right to cross such easement strip with underground or overhead facilities in order to secure drainage and utility service to its adjacent property. Grantor and the Grantor's successors and assigns, retain the right to use the easement strip for their own purposes, so long as said use does not interfere with any of the rights hereby conveyed. TO HAVE AND TO HOLD the above granted rights and easements, together with all and singular the privileges and appurtenances thereto in anywise belonging unto the said City of Beaumont, and its successors and assigns, forever. Grantor hereby covenants with said City of Beaumont that Grantor has title to said land and has the right to grant the easement herein contained. Feb WITNESS the signature of Grantor this the 1q day of 1991. Lamar Bancshares, Inc. By= ,Its 2 THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE me, the undersigned authority, on this day personally appeared Lonnie C. Weir I President of Lamar Bancshares, Inc. , known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 19th day of ff-amary, 1991. February, NOTARY PUB I IN AND FOR JEFFERSON CO C NTY, TEXAS Accepted by the City of Beaumont by order of the City Council this day of , 1991 . Ray Riley, City Manager THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE me, the undersigned authority, on this day personally appeared Ray Riley, City Manaer of the City of Beaumont, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of January, 1991. NOTARY PUBLIC IN AND FOR JEFFERSON COUNTY, TEXAS 3 i 4 9 1 0 7 5 10 .. 103 7 1 1351 �u 91 18643 103 57 0917 GREENBELT EASEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § That Lamar Bancshares, Inc. , (hereinafter called "Grantor") FOR AND IN CONSIDERATION of Ten and No/100 Dollars ($10. 00) and other good and valuable consideration to it in hand paid by the Grantee hereinafter named has Granted, Sold and Conveyed and by these presents does Grant, Sell and Convey unto the City of Beaumont, a municipal corporation of the State of Texas, a Greenbelt Easement over and across a certain thirty foot (301 ) wide strip of land owned by Grantor along the South side of the Keith Ditch just West of its intersection with Dowlen Road in the City of Beaumont, Jefferson County, Texas, as more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. The purpose of this easement is to prevent Grantor or its successors or assigns from removing any trees more than 12 inches in diameter (measured 5 feet above natural ground level) from said 30' easement strip. The 30 ' easement strip will perpetually remain a greenbelt where trees, shrubs, grass and plants can grow. Grantor and its successors and assigns will be permitted to remove trees smaller than 12 inches in diameter (measured as aforesaid) , underbrush and weeds from the strip for the purpose of establishing a lawn under the trees in the area if it so desires. Grantor and its successors and assigns will a li 103 71 1352 183 57 9918 perpetually maintain said 30 ' strip in accordance with all applicable City ordinances. No buildings, hard surface paving or any other permanent improvements will ever be constructed or maintained on the easement strip, but Grantor and its successors and assigns shall have the right to cross such easement strip with underground or overhead facilities in order to secure drainage and utility service to its adjacent property. Grantor and the Grantor's successors and assigns, retain the right to use the easement strip for their own purposes, so long as said use does not interfere with any of the rights hereby conveyed. TO HAVE AND TO HOLD the above granted rights and easements, together with all and singular the privileges and appurtenances thereto in anywise belonging unto the said City of Beaumont, and its successors and assigns, forever. Grantor hereby covenants with said City of Beaumont that Grantor has title to said land and has the right to grant the easement herein contained. t WITNESS the signature of Grantor this the ! day of T 1991. Lamar Bancshares, Inc. By: C7 � Its 2 5J / / 1 V' 5 3 103 57 0919 THE STATE OF TEXAS § COUNTY OF JEFFERSON e BEFORE me, the undersigned authority, on this day personally appeared Lonnie C. Weir I PresidPnt of Lamar Bancshares, Inc. , known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said corporation, and in the capacity therein stated. "�GIt; fTi�JDER MY HAND AND SEAL OF OFFICE on this the 19th day ATE pc t�� OTTKRYPUBLI Cl IN AND FOR •s'FXPhtGS•• JEFFERSON CO UNTY, TEXAS Accepted by the City of Beaumont by order of the City Council this day of , 1991. Ray Ri ey, Citj Manager THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE me, the undersigned authority, on this day personally appeared Ray Riley, City Manaer of the City of Beaumont, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 7th day of Janu-arty, 1991. March NOT Y PUBLIC IRIAND FOR JEFFERSON COUNTY, TEXAS i MARK W WHITELEY 1 0 3 l 1 1 3 5 5 AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS P.O. BOX 5492 BEAUMONT, TEXAS 77705 409/892-0421 Field Notes: 0.45 Acre Greenbelt Easement H. Williams League, Abstract No. 56 Jefferson County, Texas BEING a 0.45 acre tract or parcel of land, situated in the H. Williams League, Abstract No. 56, Jefferson County, Texas and also being out of and a part of that certain 12.129 acre tract of land as conveyed by Jefferson Savings and Loan Association to Lamar Bancshares, Inc. , recorded in Film Code No. 103-09-2079, Official Records, Jefferson County, Texas, said 0.45 acre tract being more particularly described as follows: COMMENCING at the Northeast corner of the above referenced 12.129 acre tract, said point being marked by an iron rod which is located on the West right-of-way line of Dowlen Road (based upon 100.00 ft. right-of-way) ; THENCE South 00 deg. 04 min. 59 sec. West, along and with the West right-of-way line of Dowlen Road (based upon 100.00 ft. right-of-way) for a distance of 73.63 feet to the PLACE OF BEGINNING of the tract herein described, said point being also located on the Southeasterly easement right-of-way line of Jefferson County Drainage Distract No. 6-Keith Ditch as recorded in Volume 1620 Page 145, Deed Records, Jefferson County, Texas; THENCE continuing along and coincident with the West right- of-way line of Dowlen Road (based upon 100.00 ft. right-of- way) , South 00 deg. 04 min. 59 sec. West for a distance of 36.82 feet, a point for corner; THENCE South 54 deg. 39 min. 16 sec. West parallel to and 30 feet measured at right angles Southeasterly from the Southeasterly easement right-of-way line of Jefferson County Drainage Distract No. 6-Keith Ditch as recorded in Volume 1620 Page 145, Deed Records, Jefferson County, Texas, for a distance of 621.25 feet a point for corner; THENCE South 89 deg. 22 min. 30 sec. West for a distance of 52.67 feet a point for corner, from which a concrete monument bears South 89 deg. 22 min. 30 sec. West a distance of 105.34 feet, said point being also located on the Southeasterly easement right-of-way line of Jefferson County Drainage Distract No. 6-Keith Ditch as recorded in Volume 1620 Page 145, Deed Records, Jefferson County, Texas ; i Field Notes: 0.45 Acre Greenbelt Easement 0 3 71 13 5 6 H. Williams League, Abstract No. 56 Jefferson County, Texas THENCE along and coincident with said Southeasterly easement right-of-way line of Jefferson County Drainage Distract No. 6-Keith Ditch, North 54 deg. 39 min. 16 sec. East for a distance of 685.89 feet to the PLACE OF BEGINNING and containing 0.45 acres of land, more or less, in easement. C3- kp Mark W. Whiteley, R.P.L.S. No. 636 V. . FILED FOR RECORD STATE OF Tc: .5 ;Y a: Jr FfRSON } ��}}tr��� p C? 1 herewy t-s+?'; tact .>� r trur± t was 'il=d an ,91 JUN 17 i"4 53 the ea!,- u i} racer.: c4 in ;.2 e)"ida! PART OF FOREGOING of Jefferson Cc!:::t�,. T=,o:, t INSTRUMENT ILLEGIBLE J AT TIME OF FILING JUN 17 1991 COUNTY CLERK ;. '`;,;: JEFFERSON COUNTY,TEXH; - county Clerk,Jefferson County,Texas ' CITY OF 3EAW,,;-NT EJ CITY CLERK'S OFFICE Z P. 0. BOX 3827 n17,WONT, TEXAS 77701, No Text