Loading...
HomeMy WebLinkAboutRES 91-178 i %7J 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 a 1.762 acre Temporary Construction Access Easement and 10.892 acre Perpetual Drainage Easement with Jefferson County Drainage District No. 6 and Tytex Properties, Ltd. in connection with the construction of the Taylor's Bayou Drainage and Flood Control Project, said easement substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the, ' day of 1991. - Mayor -_ EASEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This conveyance is made by the CITY OF BEAUMONT, TEXAS, (whose address is P .O. Box 3827 , Beaumont, Texas 77704) , a municipal corporation domiciled in Jefferson County, Texas, ( "Grantor" ) to JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6, (whose address is P.O. Box 20078, Beaumont, TX 77720) ( "Grantee" ) ; W I T N E S S E T H WHEREAS, in connection with the construction of the Taylors Bayou Drainage and Flood Control Project, the Grantee seeks to acquire a 1 . 762 acres Temporary Construction Access Easement, and a 10 . 892 acre Perpetual Drainage Easement over and across certain lands owned by Grantor in Jefferson County, - Texas , more particularly set for-li.h in Exhibits "A"and "B" , respectively, attached hereto and made a part hereof for all purposes; NOW, THEREFORE, for and in consideration of the sum of TEN _ AND NO 1100 DOLLARS ($10 . 00) and the further consideration of the mutual benefits which the parties hereto will receive from completion of this phase of the Taylors Bayou Drainage and Flood Control Project, and other good and valuable consideration, the receipt and sufficiency of which _ is hereby acknowledge and confessed, Grantor does by these presents GRANT, SELL, and CONVEY . unto the Grantee, its successors and assigns, the following interests: i 1 1 • A temporary easement and right-of-way over, across, on and through the property described as "Construction Access Easement" in Exhibit "A" attached hereto and made a part hereof, said easement to be used for the purpose of moving and removing construction equipment, machinery, and personnel to and from Hillebrandt Bayou, including hydraulic dredges, barges, boats, and excavation equipment. Grantee shall have the right to reslope the banks of Hillebrandt Bayou to facilitate the launching and removal _ of dredges and barges . Grantee shall restore such resloped banks to a condition similar to that existing prior to Grantee's use. 2 . A perpetual right and easement to enter upon the properties described as "Perpetual Drainage Easement" in Exhibit "B" for the purpose of making various channel, canal and waterway improvements to those waterways located adjacent to said land, to improve the flow of water drainage and flood waters within the Taylors Bayou Project area, including areas over and along the surface of said land, such improvements to include the right to clear, cut, fell, remove, and dispose of any and all timber, trees , underbrush, buildings , improvements and/or other obstructions therefrom; to excavate or dredge all or a portion of the surface of said land; to widen and deepen said waterways, reslope the sides of said waterways , straighten, align, and realign said channel or canal, and other improvements necessary to aid the flow and discharge of said waterways . After initial construction, the Grantee shall have the right to maintain the portions so cut away and removed. 2 The temporary easement described in Exhibit "A" shall be binding upon the parties hereto, their successors, agents, and assigns, and shall remain in full force and effect for five (5) years from the date hereof; provided, however, that Grantor or Grantee shall have the right to terminate the Temporary Construction Access Easement upon completion of the channel improvement contemplated herein by giving 120 days prior notice in writing to the other party at the above designated address or succeeding addresses. The drainage easement described in Exhibit "B" will remain in force and effect perpetually. RESERVING, however, to the Grantor, its successors and assigns, all such rights and privileges in said tracts of land, including riparian rights, as may be used and enjoyed without interfering or abridging the rights and easements hereby conveyed to the Grantee. Grantor specifically excepts and reserves from this conveyance, for itself, its successors and assigns, all oil, gas and other mineral interests, if any, which it may own in and under said land and that may be produced and saved from the above described property. Grantor does hereby expressly agree, for itself, its successors and assigns, that as long as said easement described in Exhibit "B" is owned by a public agency, it shall never be used as a drill-site, well-site, tank battery site, or for any other purposes incidental to the development of said land for oil, gas or other minerals unless expressly authorized in writing by said public agency, and Grantor hereby waives its , rights of ingress and egress for these purposes without similar 3 i written authorization until such time as the Taylors Bayou Drainage and Flood Control Project is completed on Hillebrandt Bayou; however, Grantor does reserve unto itself, its successors and assigns, the right and privilege to engage in directional drilling for the purposes of developing oil, gas and other minerals lying in and under said land. TO HAVE AND TO HOLD the rights and easements herein set out unto Grantee, JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6, its successors and assigns perpetually for the purposes aforesaid, and Grantor does hereby bind itself, its successors and assigns, . to warrant and forever defend all and singular the title to the subject lands herein conveyed by easement to Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Tytex Properties , Ltd . ( a Texas Limited Partnership ) represented herein by Frank A. Eastman, its General Partner, as successor to the rights of the W. C. Tyrrell Trust, joins herein for the purpose of evidencing said partnership's consent to the execution and delivery of this Perpetual Drainage Easement from the City of Beaumont to Jefferson County Drainage District No. 6, insofar as such consent is required under the terms of the conveyance of Tyrrell Park into the City of Beaumont; and Frank A. Eastman, as agent and attorney-in-fact of the beneficiaries of said W. C. Tyrrell Trust under the provisions of Paragraph 1.4 of the Tytex Properties, Ltd. , Limited Partnership Agreement, does join herein in such capacity to evidence such consent, if any, i which might be required of such beneficiaries of said W. C. z 4 i Tyrrell Trust. This consent ( in both capacities) is limited to the execution and delivery of this Perpetual Drainage Easement and only as to the two specific easements described in Exhibits "A" and "B" , and is granted without warranty of any kind, express or implied. EXECUTED this day of , 1991 . GRANTORS: CITY OF BEAUMONT, TEXAS by: Ray Riley, City Manager ATTEST: City Secretary GRANTEE: JEFFERSON COUNTY DRAINAGE -- -- - -----_ - --- _ ------ ---- ------- —IZLSTRICT_NO.-S ----- -- ' by: Sam 0. Smith, President TYTEX PROPERTIES, LTD. , successor of the_ W. Tyrrell Trust by: F K A. EASTMAN, General Partner of Tytex Properties, Ltd. , and Agent and Attorney- in-Fact for the beneficiaries of the W. C. Tyrrell Trust 5 i I THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of ' 1991, by Ray Riley, City Manager of City of Beaumont, Texas, for and on behalf of said governmental entity. Notary Public, State of Texas Printed Name of Notary My Commission expires: THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day , of , 1991, by Sam 0. Smith, President of Jefferson County Drainage District No. 6, for and - on behalf of said governmental entity. Notary Public, State of Texas Printed Name of Notary My Commission expires: 6 THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of fzllv , 1991, by Frank A. Eastman, in his capacity as Genera Partner of Tytex Properties, Ltd. , the successor to the W. C . Tyrrell Trust, and in his capacity as Agent and Attorney-in-Fact for the beneficiaries of the W. C. Tyrrell Trust. MA LOU ALBERT NOTARY PUBLIC Notary Public, State of Texas N STATE OF TEXAS 1�►Oran Expires June 27,1901 Printed Name of Notary My Commission expires: 7 1 i EXHIBIT «A" TAYLORS BAYOU DRAINAGE AND AREA: 1. 762 Acres FLOOD CONTROL PROJECT (PHASE II - FDM 5 ) TRACT NUMBER: CONSTRUCTION INTEREST TO ACCESS ESMT. BE ACQUIRED: Temporary Access Easement PURPORTED OWNER: The City of Beaumont DATE: May 17 , 1991 DESCRIPTION: BEING 1.762 acres of land lying in the S. Stivers Survey, Abstract No. 51, Jefferson County, Texas and being a part of Tyrrell Park, a 500 acre tract of land as described in a deed to the City of Beaumont of record in Volume 196, Page 416 of the Deed Records of Jefferson County, Texas , said 1. 762 acre tract of land being more Particularly described by metes and bounds as follows; COMMENCING at a Texas Highway Department Concrete Monument found in the southerly right-of-way line of State Highway No. 124 , said right-of-way being in a curve to the left, and being in the easterly line of Stivers Road, having a Texas State Plane Coordinate, South Central Zone, Y=832,892 . 79 and X=3 ,535 , 261 . 95 ; THENCE along said curve to the left, with the southerly right-of- way line of said State Highway No. 124, an arc distance of 757 . 62 feet, said curve having a radius of 2804 . 79 feet, a central angle of 1.5 °28 '36" and a chord bearing of S 62°24125" W for a chord distance of 755 . 32 feet tc a Drainage District No. 6 (DD6 ) set in the westerly line of the proposed Corps of Engineers (C.O.E. ) right-of-way for Hillebrandt Bayou and being in the northerly line of said 500 acre tract; THENCE along the westerly line of said proposed C.O.E. right-of-way fqr Hillebrandt Bayou and over and across said 500 acre tract, the following two ( 2 ) courses and distances; - (1) S O1°15137" E for a distance of 1716 . 42 feet to a DD6 concrete monument set at an angle point, and (2) S 02 ° 33122" W for a distance of 531. 03 feet to a DD6 concrete monument set at the POINT OF BEGINNING, being also at the beginning of a curve to the left and being the northeast corner of the herein described tract, having a Texas State Plane Coordinate, South Central Zone, Y=830 , 296 .42 and 'X=3 ,534, 606. 61; THENCE continuing along the westerly line of said proposed C. O.E. right-of-way for Hillebrandt Bayou and the easterly line of the herein described tract, the following three (3 ) courses and distances; Page 1 l (1) along said curve to the left, an arc distance of 316 . 48 feet, said curve having a radius of 600 . 74 feet, a central angle of 30 °11103" and a chord bearing of S 12 ° 32110" E for a chord distance of 312 . 83 feet to a DD6 concrete monument set at the end of said curve, ( 2 ) S 27 ° 371142" E for a distance of 146 . 78 feet to a DD6 concrete monument set at the beginning of a curve to the left, having a Texas State Plane Coordinate, South Central Zone, Y=829 ,861. 01 and X=3 ,534,742 .58, and (3 ) along said curve to the left, an arc distance of 174 . 73 feet, said curve having a radius of 600 . 74 feet, a central angle of 16 °34 '53" and a chord bearing of S 35 °57 '38" E for a chord distance of 174 . 11 feet to an iron rod set at the southeast corner of the herein described tract; THENCE S 76130136" W, departing the westerly line of said proposed C.O.E. right-of-way for Hillebrandt Bayou and with the southerly line of the herein describe tract, for a distance of 206 . 37 feet to an iron rod set at the southwest corner of the herein described tract and being at 30 . 00 feet from and perpendicular to the centerline of Tyrrell Park Road; THENCE N 13 °54157" W, with the westerly line of the herein described tract and parallel to the centerline of said Tyrrell Park Road, for a distance of 648 . 82 feet to an iron rod set at the northwest corner of the herein described tract; THENCE S 87 ° 26 '38" E, with the northerly line of the herein described tract, for a distance of 118 . 62 feet to the POINT OF BEGINNING, containing 1 . 762 acres of land, more or less . All bearings and distances are based on the Texas State Plane Coordinate System, South Central Zone. To obtain true surface distance, divide by Grid Factor = 0. 99991. Area shown is true surface area. Page 2 EXHIBIT "B" TAYLORS BAYOU DRAINAGE AND AREA: 10 . 892 Acres FLOOD CONTROL PROJECT (PHASE II - FDM 5 ) TRACT NUMBER: H-33 INTEREST TO BE ACQUIRED: Perpetual Drainage Easement PURPORTED OWNER: The City of Beaumont DATE: May 16 , 1991 DESCRIPTION: BEING 10 . 892 acres of land lying in the S. Stivers Survey, Abstract No. 51, Jefferson County, Texas and being a part Tyrrell Park a 500 acre tract of land as described in a deed to The City of Beaumont of record in Volume 196 , Page 416 of the Deed Records of Jefferson County, Texas, said 10. 892 acres of land being more particularly described by metes and bounds as follows; COMMENCING at a 1-inch iron pipe found for the southwest corner of James Rowe Survey, Abstract No. 45 , being also the northwest corner of the C. Hillebrandt Survey, Abstract No. 28 , being also in the east line of the said S . Stivers Survey, being also the southwest corner of Lot 7 of "L. J. Hebert Subdivision" , a subdivision of record in Volume 42 , Page 102 of the Deed Records of Jefferson County, Texas and being in the east line of said 500 acre tract, having Texas State Plane Coordinate, South Central Zone, Y=826 , 287 . 68 and X=3 , 536 , 657 . 13 ; THENCE N 01 ° 27104" W along the west line of said James Rowe Survey, the east line of said S. Stivers Survey, the east line of said 500 acre tract and the west line of said "L. J. Hebert Subdivision" , for a distance of 2232. 87 feet to a Drainage District No. 6 (DD6 ) concrete monument set at the POINT OF BEGINNING, being also in the southerly line of the proposed Corps of Engineers (C.O.E. ) right- of-way for Hillebrandt Bayou and being the most southerly corner of the herein described tract, having a Texas State Plane Coordinate, South Central Zone, Y=828,519.84 and X=3 ,536, 600.59; THENCE N 01°27104" W continuing along the west line of said James Rowe Survey, the east line of said S. Stivers Survey, the west line of said "L. J. Hebert Subdivision" , the east line of said 500 acre tract and the east line of the herein- described tract, for a distance of 66 . 64 feet to a point on the existing southerly bank of Hillebrandt Bayou, being also the most easterly northeast corner of said 500 acre tract and being the most easterly northeast corner of the herein described tract; Page 1 1 i r I THENCE along the existing southerly bank of Hillebrandt Bayou, the northeasterly line of said 500 acre tract and the northeasterly line of the herein described tract, the following thirty-three (33 ) courses and distances; (1 ) N 47 °45130" W for a distance of 85 . 27 feet to an angle point, ( 2 ) N 48 ° 24138" W for a distance of 92. 86 feet to an angle point, (3 ) N 56 ° 47120" W for a distance of 53 . 63 feet to an angle point, (4 ) N 49 ° 36119" W for a distance of 51 . 73 feet to an angle point, (5 ) N 51°10 '11" W for a distance of 144 . 20 feet to an angle point, (6 ) N 53 °14138" W for a distance of 196 .51 feet to an angle point, (7) N 51° 32134" W for a distance of 215 . 23 feet to an angle point, (8 ) N 55 °01118" W for a distance of 233 . 87 feet to an angle point, (9 ) N 54 °58134" W for a distance of 189 . 71 feet to an angle point, (10 ) N 58 °51157" W for a distance of 116 . 13 feet to an angle point, (11) N 62 ° 24129" W for a distance of 111. 43 feet to an angle point, ( 12 ) N 63116137" W for a distance of 192 .80 feet to an angle point, (13 ) N 57 ° 18 ' 26" W for a distance of 113 . 13 feet to an angle point, (14 ) N 55 °51'56" W for a distance of 131 . 49 feet to an angle point, (15 ) N 31 °49159" W for a distance of 114 . 61 feet to an angle point, 16 N 36 ° 31148" W for a . distance of 74 . 23 feet to an ankle _ point, - =- — - (17) N 27 °40108" W for a distance of 129 . 42 feet to an angle point, (18 ) N 23 °52108" W for a distance of 178 . 36 feet to an angle point, (19 ) N 13 °31120" W for a distance of. 115 . 24 feet to an angle point, (20) N 03 °36105" W for a distance of 137.06 feet to an angle point, (21) N 05 °00 '01" E for a distance of 168 . 85 feet to an angle point, (22) N 06 ° 26100" E for a distance of 187. 26 -feet to an angle point, (23 ) N 04 °44155" W for a distance of 165 . 86 feet to an angle point, ( 24) N 11°56128" W for a distance of 174 . 55 feet to an angle point, Page 2 l i r ( 25 ) N 03 °41155" W for a distance of 209 . 10 feet to an angle point, ( 26 ) N 01°07100" W for a distance of 164 . 06 feet to an angle point, ( 27 ) N 00 °20144" E for a distance of 162 . 97 feet to an angle point, ( 28 ) N 02 °22109" W for a distance of 164 . 59 feet to an angle point, (29) N 02 ° 39154" W for a distance of 156. 05 feet to an angle point, (30 ) N 01 °49140" W for a distance of 167 . 68 feet to an angle point, (31) N 02 °58115" W for a distance of 170 . 66 feet to an angle point, ( 32 ) N 01°14139" E for a distance of 181 .53 feet to an angle point, and (34) N 01°52128" W for a distance of 173 . 33 feet to a Drainage District No. 6. (DD6) concrete monument set in the southerly line of State Highway No. 124 , said .monument being in a curve to the left, being also the most northerly northeast corner of said 500 acre tract and being the most northerly northeast corner of the herein described tract; THENCE southwesterly along said southerly line of Highway No. 124 , the northerly line of said 500 acre tract and the northerly line of the herein described tract, an arc distance of 117. 82 feet, said curve having a radius of 2804 . 79 feet, a central angle of 02 °24 ,25" and a chord bearing of S 55 '521191, W for a chord distance of 117 . 81 feet to a Drainage District No. 6 (DD6 ) concrete monument set at the point of intersection with the westerly line of the proposed Corps of Engineers (C.O.E. ) right-of-way- for Hillebrandt Bayou and being the northwest corner of the herein described tract, having a Texas State Plane Coordinate, South Central Zone, Y=832;542.93 and X=3 ,534 , 592 .54; THENCE along the westerly line of said proposed C.0 E. right-of-way and the westerly line of the herein described tract; the following ten (10) courses and distances; (1) S 01°15137" E for a distance of 1716. 42 feet to a Drainage District No. 6 concrete monument set at an angle point, ( 2) S 02 °33122" W for a distance of 531. 03 feet to a Drainage District No. 6 concrete monument set for the beginning of a curve to the left, (3 ) along said curve to the left, an arc distance of 316. 48 feet, said curve having a radius of 600 . 74 feet, a central angle of 30 011103" and a chord bearing of S 12°32110" E for a chord distance of 312 .83 feet to a Drainage District No. 6 concrete monument set at the end of said curve, (4) S 27 °37142" E for a distance of 146. 78 feet to a Drainage District No. 6 concrete monument set for the beginning of a curve to the left, Page 3 (5 ) along said curve to the left, an arc distance of 359 . 98 feet, said curve having a radius of 600 . 74 feet, a central angle of 34 ° 19159" and a chord bearing of S 44 °47141" E for a chord distance of 354 . 62 feet to a Drainage District No. 6 concrete monument set at the end of said curve, (6 ) S 61°57141" E for a distance of 662 . 30 feet to a Drainage District No. 6 concrete monument set at the beginning of a curve to the right, (7 ) along said curve- to the right, an arc distance of 192 . 29 feet, said curve having a radius of 1272. 39 feet, a central angle of 08 °39132" and a chord bearing of S 57 °37155" E for a chord distance of 192 .11 feet to a Drainage District No. 6 concrete monument set at the end of said curve, (8 ) S 53 °18108" E for a distance of 633 . 16 feet to a Drainage District No. 6 concrete monument set at the beginning of a curve to the right, (9) along said curve to the right, an arc distance of 80 . 87 feet, said curve having a radius of 1272. 39 feet, a central angle of 03 °38129" and a chord bearing of S 51°28154" E for a chord distance of 80. 85 feet to a Drainage District No. 6 concrete monument set at the end of said curve, and (10 ) S 49 °39139" E for a distance of 380 . 99 feet to the POINT OF BEGINNING and containing 10 . 892 acres of land, more or less. All bearings and distances are based on the Texas State Plane Coordinate System, South Central Zone. To obtain true surface distance, divide by Grid Factor = 0 . 99991. Area shown is true surface area. Page 4