HomeMy WebLinkAboutRES 11-214 RESOLUTION NO. 11-214
WHEREAS, on July 19, 2011, the City Council of the City of Beaumont, Texas,
passed Resolution No. 11-199 accepting a ten (10) foot wide exclusive water line
easement for the purpose of providing water and fire protection services for Dishman
Elementary School located at 3475 Champions Drive and allowing for the construction,
alteration, operation and maintenance of said water lines and appurtenances; and,
WHEREAS, the ten foot (10') wide exclusive water line easement is encroaching
1061.1 feet onto the Jefferson County Drainage District No. 6 right-of-way; and,
WHEREAS, Jefferson County Drainage District No. 6 approved an encroachment
agreement with the City of Beaumont to provide for the installation of a waterline on a
portion of the District's easement on Ditch No. 202 that will service Dishman Elementary
School; and,
WHEREAS, the City of Beaumont wishes to enter into a Notice of Encroachment
with Jefferson County Drainage District No. 6 to allow the City to install and maintain a
water line within Jefferson County Drainage District No. 6 right-of-way; and,
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 the City Manager be and he is hereby authorized to enter into a Notice of
Encroachment with Jefferson County Drainage District No. 6 to allow the City to install and
maintain a water line within Jefferson County Drainage District No. 6 right-of-way. The
Notice of Encroachment is substantially in the form attached hereto as Exhibit "A" and
made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
August, 2011.
ejyor Becky Ames -
C3 �3 0
i
S
NOTICE OF ENCROACHMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
On the date last indicated below, Jefferson County Drainage District No. 6, whose
address is 6550 Walden Road, Beaumont, Texas 77707 (herein called "District") and City of
Beaumont,whose address is P. 0. Box 3827,Beaumont,Texas 77704(hereinafter called "City"),
contracted and agreed as set forth herein.
District hereby_allows City to install and maintain a public water line within the District's
right-of-way described on the attached Exhibit"A,"
In the event District, by resolution of its Board of Directors, determines it needs the
subject property, or any part thereof, for the benefit of District or to protect the health, safety, or
welfare of the public and it terminates this license or any part thereof, City shall not receive any
compensation and District shall not be liable therefor, whether for the value of property taken,
damage to the abutting or remaining property or improvement, loss of business or profit,loss of
access, or otherwise. City acknowledges that upon request of District, City will relocate and/or
remove the encroachment at the sole cost of City.
District, its successors and assigns, reserve the right to make improvements, perform
maintenance and construction on the right-of-Way or premises covered by this license where
such is deemed necessary by the District. In doing so, District and its successors and assigns
shall not be liable to City for any damage occasioned thereby and City shall not be entitled to
prosecute or maintain a claim against such parties for any such damage sustained by City to said
encroaching structure or any abutting or attached structures, improvements or land. In addition,
City shall reimburse District, its successors and assigns, for any additional costs resulting from
the encroachment.
1.
EXHIBIT°A"
City, its successors and assigns, will not do or cause to be done, anything to impede or
obstruct the flow of water through the District's right-of-way and easement. District makes no
warranties, express or implied, in authorizing this encroachment, nor does District purport to
convey any property interest or exclusive privilege by this agreement. It is specifically
understood that District is not the agent of, nor does it act for, the fee owners, or any person or
entities having any right, title, or right to possession of the land upon which District's easement
is located.
District shall in no case be liable for any damage or injury to the improvements located
upon said encroachment which may be caused by or result from operations undertaken by
District for the maintenance, conservation or improvement of drainage, and no claim or right to
compensation shall accrue from any such damage.
City acknowledges that the encroachment upon District's right-of-way will be within an
area requiring joint use-by District for regular mowing and maintenance of the drainage ditch
right-of-way and ditch maintenance such as slope or concrete lining failure repair. District's
work in this area could introduce damage of varying degrees to the encroachment and any related
improvements. City agrees that District will not be held liable for any damage caused to the
encroachment area.
This license shall be recorded in the Real Property Records in the Office of the County
Clerk of Jefferson County, Texas, by City. A recorded copy shall be returned to Jefferson
County Drainage District No. G.
This agreement is terminable by either party by giving written notice to the other
specifying the date of termination. Said notice shall be given not less than thirty (30) days prior
to the termination date, therein specified, and shall be recorded in the Real Property Records in
the Office of the County Clerk of Jefferson County,Texas,by City.
2
This license is neither assignable nor transferable except in conjunction with, and as part
of, City's conveyance of all the abutting property. This license serves through probate or
wan•anty deed or lease. In any such event,District shall be notified of such occurrence by being
delivered a copy of the document or documents conveying or leasing the same.
Any notice to District shall be sufficient if it is mailed or hand delivered to the General
Manager, Jefferson County Drainage District No. 5, Post Office Box 20078, Beaumont, Texas
77720-0078. Any notice to City shall be sufficient if mailed or hand-delivered to City of
Beaumont,whose address is P. O.Box 3827,Beaumont,Texas 77704.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the
day of ,2011. .
DISTRICT:
JEFFERSON COUNTY
DRAINAGE DISTRICT NO. G
By:
Sam 0. Smith
President
CITY:
CITY OF BEAUMONT
By:
3
STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me on the day of
2011, by Sam 0. Smith, President of the Board of Directors of Jefferson unty age
District No. 6.
! PAULA C.ANDERSON
` Notary Public,State of Texas 2i
MDe mbar on Expires otary Public, State of Texas
.STATE OF']TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me on the day of
201.1;by ---
of the
City of Beaumont.
Notary Public, State of Texas
4
EXHIBIT "A"
1
I.
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I. .
o100o L5 I
L7 0ewn/
PONT OF TERMINATION
10' WIDE EXCLUMVE
WATER UNE EASEMENT
OENTERLINE
10' WIDE li MSIVE r
WATER LW EASEMENT �a
J
LOT I
dSNMAN ELEMENTARY
S040M 10N
ADOrT
WRKS TAE N0.9!29194,U-SLAA
r
NUMBER iEC110N [N ANCE '
LI Uf UlWI4!'E
L3 N 3&88
L4 IN 03 W 1043,88
La s 49 W V7 1s oaA9fAOC cAU3sNr
L.e s '
LT 9 VO W lzoa,8w
V Aocros
x mean osrwr .i I
o CIAm r oryarAa.aa
(cALLEO ou9 Am)
WALDEN MEADOWS
• I e�
SECTION TWO POINT OF BEOWNO I
vol +*/.ra 719 u.a.a.c. WATERLINE EASEMENT 1 g
BLOCK 1
31 .32
N 671 99'64 831.41 '
(CALLM N '93'E 671.41)
WALDEN ROAD
o.\pWXlC19An030 DW~tl�WyWn+At+ tA+9 M 12.XMI 11-MMM
ENCROACHMENT EXHIE31T
pittz&Shipmann PROJECT HAIL: DISUXW BLE ZW"Y SCHOOL 1
HALDBN ROAD
140 C6NW41W Z count 9LVAMr.Ma vuuuow, TSXAS ra09cr fro.
(400)932-7211 TAX(400)932-73*3 DA1X:7-12-11 11050
1011026461
I MINI 6GPGS
NOTICE OF ENCROACHMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
On the date last indicated below, Jefferson County Drainage District No. 6, whose
address is 6550 Walden Road, Beaumont, Texas 77707 (herein called `District") and City of
Beaumont,whose address is P. 0. Box 3827,Beaumont,Texas 77704 (hereinafter called"City"),
contracted and agreed as set forth herein.
District hereby allows City to install and maintain a public water line within the District's
right-of-way described on the attached Exhibit"A."
In the event District, by resolution of its Board of Directors, determines it needs the
subject property, or any part thereof, for the benefit of District or to protect the health, safety, or
welfare of the public and it terminates this license or any part thereof, City shall not receive any
compensation and District shall not be liable therefor,whether for the value of property taken,
damage to the abutting or remaining property or improvement, loss of business or profit, loss of
access, or otherwise. City acknowledges that upon request of District, City will relocate and/or
remove the encroachment at the sole cost of City.
District, its successors and assigns, reserve the right to make improvements, perform
maintenance and construction on the right-of-way or premises covered by this license where
such is deemed necessary by the District. In doing so, District and its successors and assigns
shall not be liable to City for any damage occasioned thereby and City shall not be entitled to
prosecute or maintain a claim against such parties for any such damage sustained by City to said
encroaching structure or any abutting or attached structures, improvements or land. In addition,
City shall reimburse Distr ict, its successors and assigns, for any additional costs resulting from
the encroachment.
r c TRUE AND CORRECT 1
COPY OF ORIGINAL
�i FILED IN JEFFERSON
cc+�j COUNTY CLERK`S OFFICE
'
City, its successors and assigns, will not do or cause to be done, anything to impede or
obstruct the flow of water through the District's right-of-way and easement. District makes no
warranties, express or implied, in authorizing this encroachment, nor does District purport to
convey any property interest or exclusive privilege by this agreement. It is specifically
understood that District is not the agent of, nor does it act for,the fee owners, or any person or
entities having any right, title, or right to possession of the land upon which District's easement
is located.
District shall in no case be liable for any damage or injury to the improvements located
upon said encroachment which may be caused by or result from operations undertaken by
District for the maintenance, conservation or improvement of drainage, and no claim or right to
compensation shall accrue from any such damage.
City acknowledges that the encroachment upon District's right-of-way will be within an
area requiring joint use -by District for regular mowing and maintenance of the drainage ditch
right-of-way and ditch maintenance such as slope or concrete lining failure repair. District's
work in this area could introduce damage of varying degrees to the encroachment and any related
improvements. City agrees that District will not be held liable for any damage caused to the
encroachment area.
This license shall be recorded in the Real Property Records in the Office of the County
Clerk of Jefferson County, Texas, by City. A recorded copy shall be returned to Jefferson
County Drainage District No. 6.
This agreement is terminable by either party by giving written notice to the other
specifying the date of termination. Said notice shall be given not less than thirty (30) days prior
to the termination date, therein specified, and shall be recorded in the Real Property Records in
the Office of the County Clerk of Jefferson County,Texas,by City.
TRUE AND CORRECT 2
COPY OF ORIGINAL
QkK FILED IN JEFFERSON
� `' COUNTY CLERK'S OFFICE
This license is neither assignable nor transferable except in conjunction with, and as part
of, City's conveyance of all the abutting property. This license serves through probate or
warranty deed or lease. In any such event,District shall be notified of such occurrence by being
delivered a copy of the document or documents conveying or leasing the same.
Any notice to District shall be sufficient if it is mailed or hand delivered to the General
Manager, Jefferson County Drainage District No. 6, Post Office Box 20078, Beaumont, Texas
77720-0078. Any notice to City shall be sufficient if mailed or hand-delivered to City of
Beaumont,whose address is P. 0.Box 3827,Beaumont,Texas 77704.
IN WITNESS
�_-WHEREOF, the parties hereto have executed this agreement as of the
A
< (
day of A-1 V.-It ,2011.
--v
DISTRICT:
JEFFERSON COUNTY
DRAINAGE DISTRICT NO. 6
By:
Sam O. Smith
President
CITY:
CITY OF BEAUMONT
Y•
NtY c4gp� TRUE AND CORK WT
COPY Off'O1tIGINAL
FILED IN JEFFERSON 3
„e •.... COUNTY CLERK'S OFFICF
. i.
STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me on the v day of
2011, by Sam 0. Smith, President of the Board of Directors of Jefferson unty nage
District No. 6.
aRr as PAULA C.ANDERSON
'a
.`h'�Notary Publie,State of Texas
i .,I My Commission Expires otary Public, State of Texas
December 07, 2013
.STATE OF TEXAS
COUNTY OF JEFFERSON
V-t�� This instrument was acknowledged before me on the day of
"t s-� , 2011;by ky l� `&i-. �I9�a of the
City of Beaumont.
Notary Public, State 4#Texas
CAFi1.A
�p"TA
xe MY coMM15° N tX RES
�Y c"� TRUE AND CORRECT
Y = COPY OF ORIGINAL
4
FILED IN JEFFERSON
COUNTY CLERIC'S OFFICE
EXHIBIT "A"
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I
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u V I
I
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k0 L5 I
L7 �
POINT OF TERM9IATION
10' WIDE EXCLUSIVE
WATER LINE EASEMENT
CEN70UW
10' WIDE EXCLUSIVE
WATER LINE EASEMENT °z
LOT 1
DISHMAN ELEMENTARY
SCHOOL ADOMON
CLERKS FLE NQ 9829194,0.P.R.1r.
NUMBER DIRECTION DISTANCE .
Lt' N 4218 24 E 22.91
L2 N 03'06 33al 335 f 9
L3 N 41 21` E 56.56
L4 N 03'�39 W 1043.98
L5 S 87.34 49 W 122.97 tS°RAE'"QL E" 44 O
c E�rocs FLE Na oe29,y+„o�!.R.as.
LB is 42'0447*.K 191.411 --------
L7 S 87'09 37" W 269.89 A
DZ
3W ACCESS EASOENr v"1
9RAMA CNO=NM 8 I
0 CLERKS FLE N4 200501409% d
O,P.Rd.C. I
(CALLED 0.223 ACRE) I rt
s
WALDEN MEADOWS
SECTION TWO POINT OF BEOINNINO I
VOL n.P0.ra u.RdC WATER LINE EAENT I I V2
BLOCK 1 i
3 % 311.32
8718'247 E 631.41 '
(CALIm N 993405'E 91,41)
WALDEN ROAD
a\PKaiECrs\nos9 01.x",-a�twy4wr"y\"030kdd.phWaa ro J,1 12,2011 11159—
ENCROACHMENT EXHIBIT SHEET ft
FittZ $hipmanw_ FROff= NAME: DISHM M ELEMENTARY SCHOOL 1
WALDEN ROAD
1403 COMERS70HE COURT,9EA1AMT.TEXAS HSAUMONT, TEXAS PROJECT NO.
(409)932-7239 FAX(409)932-7303 DATE:7-12-11 11050
Nov c�� 'TRUE AND CORRK-F
i COPY OF ORIGINAL
• !�''� ri 'FILED IN JEFFEWN
r 1 �NTY CLERICS OFFICE
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
2011 Aug 122, ®:46 281182W7
JAMES:
CAROLYN L. GUIDRY, COUNTY CLERK
JEFFERSON COUNTY, TEXAS
I CERTIFY THIS IS.A TRUE COPY
Witness my Hand and Seal of Office
AUG 12 2011
OLYN L. G Y, COUNTY CLERK
JEFF C NTY,TE S
S ' LPY 1:t
Bar ara e§