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HomeMy WebLinkAboutRES 15-215RESOLUTION NO. 15-215 WHEREAS, Jefferson County Drainage District No. 6 (JCDD6) has agreed to convey a road access :easement, said easement being a 0.107 acre tract of land lying in the David Easley Survey, Abstract No. 20, Beaumont, Jefferson County, Texas, being comprised of a 0.095 acre tract out of Tract 1 (1.432 acres) and a 0.012 acre tract out of Tract 2 (3.647 acres) conveyed to Jefferson County Drainage District No. 6 of record in County Clerk's File No. 200811123 of the Official Public Records of Jefferson County, Texas, and a 0.107 acre tract as described and shown in Exhibit 1," attached hereto, to the City of Beaumont to allow access for emergency .response vehicles and public access upon completion of the construction of Windcastle Drive; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; 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 a road access easement, said easement being a 0.107 acre tract of land lying in the David Easley Survey, Abstract No. 20, Beaumont, Jefferson County, Texas, being comprised of a 0.095 acre tract out of Tract 1 (1.432 acres) and a 0.012 acre tract out of Tract 2 (3.647 acres) conveyed to Jefferson County Drainage District No. 6 of record in County Clerk's File No. 200811123 of the Official Public Records of Jefferson County, Texas, and a 0.107 acre tract as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purpose. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of October, 2015. r Becky Ames - ROAD ACCESS EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § THAT JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6, hereafter called GRANTOR, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00), in hand paid by the CITY OF BEAUMONT, the receipt of which is hereby acknowledged by GRANTOR, and upon the further consideration of the benefits that will accrue to the lands owned by the GRANTOR adjoining the land hereinafter described, and upon the further considerations hereinafter stated, does hereby GRANT and CONVEY unto the CITY OF BEAUMONT hereinafter called GRANTEE, whose mailing address is P.O. Box 3827, Beaumont, Texas 77704, its successors and assigns, a perpetual right-of-way, privilege and easement on, under and across that tract or parcel of land (the Easement Tract) situated in Jefferson County, Texas, more particularly described as follows, to -wit: BEING a 0.107 -acre tract of land lying in the David Easley Survey, Abstract No. 20, Beaumont, Jefferson County, Texas, being comprised of a 0.095 -acre tract out of Tract 1 (1.432 acres) and a 0.012 -acre tract out of Tract 2 (3.647 acres) conveyed to Jefferson County Drainage District No. 6 of record in County Clerk's File No. 2008011123 of the Official Public Records of Jefferson County, Texas, said 0.107 -acre tract being more particularly described on Exhibit "A" attached hereto and incorporated herein by reference. Giving and Granting to the said GRANTEE, its successors and assigns, the right and authority to go upon the Easement Tract hereinbefore described and use same to install and maintain the Northwest Parkway Roadway and related appurtenances. . Grantor, its successors and assigns, reserve the right to make improvements, perform maintenance and construction on the Easement Tract or premises described herein where such is deemed necessary by the Grantor. Grantor shall in no case be liable to Grantee for any damage or injury to the improvements located upon said Easement Tract which may be caused by or result from operations undertaken by Grantor, and no claim or right to compensation shall accrue from any such damage. Grantee, its successors and assigns, will not do, or cause to be done, anything to impede or obstruct the floor of water through the Grantor's right-of-way. This instrument was prepared from information fiunished by the parties and no examination has been made and no opinion has been given by the firm preparing this instrument as to the title to or the description of the property involved. TO HAVE AND TO HOLD the above described Easement Tract and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns perpetually, so long as it shall be used for the purpose of installing and maintaining the Windcastle Drive roadway and related EXHIBIT 1„ Page 1 oft Ditch No. 1004-A1/Road Access Easement to City of Beaumont appurtenances.. Immediately upon cessation, of its use for said purposes by GRANTEE, its successors or assigns, then all rights granted herein shall terminate forthwith, and shall revert to GRANTOR, its/their heirs, administrators, legal representatives, successors or assigns. WITNESS the execution hereof on this the 15th day of September, 2015. GRANTOR: BY: j! JOS � A W. ALLEN, R. Pry e rt, Board of Directors Jefferson. County Drainage District No. 6 THE STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on the 15th day of September,. 2015, by Joshua W. Allen, Sr., President of the Board o ctors for the Jefferson County Drainage District No. 6. , :.pP`PAULA C. ANDERSON Notary Public, State of Texas �.agi •�� •1: Notary Public, State of Texos My Commission Expires December 07. 2017 !/l1111�, GRANTEE: Printed Name: Title: THE STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on the day of 2015, by the for The City of Beaumont. Notary Public, State of Texas After Recording Return To: Richard P. LeBlanc, Jr.,; General Manager Jefferson County Drainage District No. 6 P.O. Box 20078, Beaumont, Texas 77720 JCDD6/pa Ditch No. 1004 Al/Road Access Easement to City of Beaumont Page 2 of 2 J FIM&Shipman INC. Consulting Engineers and Land Surveyors Ronald D. Fittz, P.E., RP.L.S. (1948-1987) Donald R. King, P.E. Terry G. Shipman, RE, Chairman Mitchell Lee Brackin RP.L.S. Billy J. Smith, Jr., President August 31, 2015 Field Note Description: Being a 0.107 acre tract of land lying in the DAVID EASLEY SURVEY, Abstract No. 20 in Jefferson County, Texas, being comprised of a 0.095 acre tract out of Tract 1 (1.432 acres) and a 0.012 acre tract out of Tract 2 (3.647 acres) conveyed to Jefferson County Drainage District No. 6 (DD6) of record in County Clerk's File No. 2008011123 of the Official Public Records of Jefferson County, Texas, said 0.107 acres being more particularly described as follows: COMMENCING at the Northeast corner of the said DD6 - 1.432 acre tract, being an "ell" comer at the Southwest corner of that certain 10.085 acre tract of land described in an instrument to Beaumont Trace SMV L.P. of record in County Clerk's File No. 2011023955 of the said Official Public Records and being the Northwest corner of Windemere Business Park Subdivision of record in County Clerk's File No. 2009008842 of the said Official Public Records; THENCE S 00142136" E with the East line of the said DD6 — 1.432 acre tract, the West line of the said 10.085 acre tract and the West line of the said Windemere Business Park Subdivision for a distance of 5.00' to the North right-of-way line of Windcastle Drive (a 60' public roadway) and being the Northeast comer and POINT OF BEGINNING of the herein described tract; THENCE S 00042136" E with the East line of the said DD6 — 1.432 acre tract, the West line of the said Windemere Business Park Subdivision, crossing the said Windcastle Drive and with the East line of the herein described tract for a distance of 60.00' to the South right -of way line of the said Windcastle Drive and being the Southeast corner of the herein described tract, THENCE N 80°44'48" W, over and across the said DD6 —1.432 acre tract, over and across the said DD6 — 3.647 acre tract and with the South line of the herein described tract for a distance of 76.15' to the West line of the said DD6 — 3.647 acre tract, the East line of Windemere Subdivision Section Three of record in County Clerk's File No. 2015023510 of the said Official Public Records and being on the South right-of-way line of Windcastle Drive (being a 50' wide public roadway) and being the Southwest corner of the herein described tract; THENCE N 00042136" W with the West line of the said DD6 — 3.647 acre tract, the East line of the said Windemere Subdivision Section Three, crossing the said Windcastle Drive and with the West line of the herein. described tract for a distance of 50.00' to the Northwest corner of the herein described tract; THENCE S 881116'37" E, over and across the said DD6 — 3.647 acre tract, over and across the said DD6 — 1.432 acre tract and with the North line of the herein described tract for a distance of 75.07' to the point and place of beginning, containing in area, 0.107 acres of land, more or less. (Plat of even date accompanies this Field Note Description. Job No. 079841DD6Xing.doc) 1405 Cornerstone Court . Beaumorit, Texas 77706 • (409) 832-7238 - fax (409) 832-7303 Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT A 0.107 -Acre Road Access Easement to City of Beaumont 245 6235 22 a * w MOO 23 6225 OA nam 8 24 0 02ve3i6215 !26 6250 W w 2 r 6210 r 6230 0 29 6220 25 NFIN, so 8210 castle Drive 2 7750 7740 0 B. L C K "m A' _ 10 .. .35 Sell :nn NOW OR FORMERLY BEAUMONT COMMUNITY CHURCH oka BEAUMONT BIBLE CHURCH CLERKS FILE NO.200490495143,P.M.I.C. (CALLED 19.47 ACRE o Ion 0 Is() Scale 1" = 100' BEAUMONT'TRACE SMV L.P. CLERKS FILE NO. 1011023955. O.PAAQ 0 30 I (CALLED 10.005 ACRES) fI if U P O.DtSnC. (OWO !RACT 2 36147 MIES) — — — — — — — — — — — — — — — — r — — — — — — — — — — — — — — — — — — — — — — — — — — — — — POC NORTHEAST CORNER *SOUTH LINE OF 10.085 ACRES \�_VO�Q! UTILITY CASEMENT DD6 4.432 ACRES NORTH ROW OF WINDCASTLE DRIVE 2101. PC. 210. DA.Ir- ING — — — — — — -- — — — — — — — -- — — — — — - — — — — — — "'Z > PUS NORTH ROW WMICASTIS DRIVE 2 PUS NOR DRIVE (W R.O.W.) in Q) (d .0 t M SUBJECT TRACT SET 1/2'CAPPED SET i CAP aso AMENDED FINAL PLAT OF 0.107 ACRES IRON AM IRON d Ll S OW42'36" E 5.00' WINDEMERE BUSINESS PARK 0 .E r-' 10D L2 S 00*42'35" E 60.00' CLERKS FILE No. 2009008842. O.P.M&C. 1R 4J He 01 L3 N 80*44'48' W 76.15' L4 N 00*42'36" W 50.00' zn �5 S 88*16'37" E 75.07' Co a M; 2 C04 The Subject Tract consists of 0,095 acres in the DD6 — Tract 1 ,a (1.432 acres), and 0.012 acres in - z the DD6 — Tract 2 (3.647 acres). ..*.V OF A,v+ - tF Field Notes of even date accompany, this Plot, 7, cc ............ Lee .... CL a g 0- i A to 5163,Z JIM id al 0-6 RZ -.9 �t W-1 L-1 5 pgs 2015033695 ROAD ACCESS EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON THAT JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6, hereafter called GRANTOR, for and in consideration of the sum of TEN AND N0/100-DOLLARS '($10.00),_ in hand paid by the CITY OF BE, AUMONT, the receipt of, which is hereby acknowledged by GRANTOR, and upon the further consideration of the benefits that will accrue to the lands owned by the GRANTOR adjoining the land hereinafter described,, and upon the further considerations hereinafter stated, does hereby GRANT and CONVEY unto the .CITY OF BEAUMONT hereinafter called GRANTEE, whose mailing address is P.O. Box 3827, Beaumont, Texas 77704, its successors and. assigns; a perpetual right -of --way, privilege and easement on, under and across .that tract or parcel of land (the Easement 'Tract) - situated in Jefferson County, Texas, more particularly described as follows; to -wit: BEING a 0.1.07-acre tract of land lying in. the David Easley Survey, Abstract No: 20, Beaumont; Jefferson County, Texas, being_ comprised of a 0.095-acre tract out of Tract 1 (1.432 acres) and ,a 0.0124acre tract out of Traci 2 (3.647 acres) conveyed to Jefferson County Drainage District No. 6 of record in County Clerk's File No; 2608011123. of the Official Public Records of Jefferson County, Texas, said 0.107-acre tract being more particularly described on Exhibit "A" attached hereto and :incorporated herein by reference. Giving and Granting to the said GRANTEE, its successors and assigns, the ,right and authority to go upon the Easement Tract hereinbefore described and use same to install and - maintain-the.Northwest Parkway Roadway and related appurtenances. Grantor, its successors and assigns, reserve the right to make improvements, perform maintenance and 'construction on the _Easement Tract of premises described. herein where such -is deemed necessary -by the Grantor. Grantor shall in no case be liable to Grantee for any damage or injury to the improvements located upon said Easement Tract which may be caused by or result from bperat16ns undertaken by Grantor, and no claim or right to compensation -shall accrue from any such damage. Grantee; its successors and assigns, will not do,_ or cause to be done, anything to impede or obstruct the floor of _water through the Grantor's. right-of-way. This instrument was -prepared from information furnished by the panties and no examination has been made and no opinion has been given by the firm preparing this instrument as to the title to or the description of the property involved. TO HAVE AND 'TO:HOLD. the above .described Easement Tract and right-of-way unto the said CITY OF BEAUMONT, its successors and :assigns perpetually, o long as it `shall be used for the purpose of installing:and maintaining the Windbastle Drive roadway and related Page 1 of 2 Dit. No.1004-A1/Road Access Easement to City of Beaumont appurtenances. Immediately upon cessation of its use for said purposes by GRANTEE, its successors or assigns, then all rights granted herein.shall terminate forthwith, and shall revert to - GRANTOR, its/their heirs, administrators, legal representatives, successors or assigns. WITNESS the execution hereof on this the 15th day of September, 2015. GRANTOR: BY: s U J JOS14PX W. ALLEN, - R. Pr .9sident, Board of Directors Jefferson .County. Drainage District No. 6 THE STATE OF .TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the 15th day of September, 2015, by Joshua W; Allen, Sr., President of the Board o' Dir ctors for the Jefferson County Drainage District No. 6. PAULA C. ANDERtON Notary Public State of Texas Nofary.Pubiic, State of Texas is my Commission Expires December 07, 2017 GRANTEE: � f BY: Il Printed Name: Kv /G 11�, y e f Title: f�, - y - 1 s` THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument_ was acknowledged before me.on the day of 2015, by 4//Pl - .S the L -4 MC'OV G r_r for The C' ANGELAMARIE THOMAS Notary. ublic, State of Texas My Commiss(on Expires 'December7, 2016 After Recording Return To: Richard P. LeBlanc, Jr., General Manager Jefferson County Dfainage District No: 6 P.O. Box 20078, Beaumont;_ Texas 77720. JCDD6/pa Ditch No. 1004=AI/Road Access Easement to ;City of Beaumont Page 2 of 2' FIM&Shipman INC. Consulting: Engineers and,Larid Surveyors Ronald D. Fitt ; P.E., R.P.L.S. (1948-1987) Donald R. King,'P.E. Terry 6. Shipman, P.E., Chairman Mitchell Lee Brackin R.P.LS. Billy J. Smith, Jr.; President August 31, 2015 Field Note,Description: Being a 0.107 acre tract of land lying in the DAVID EASLEY :SURVEY, Abstract No.:.20 in Jefferson County, Tekas, being comprised of a:0095 acre tract out of Tract 1 (1.432. acres) Arid a 0.012 acre tract out of Tract 2 (3.647 acres) conveyed to Jefferson County Drainage District No. 6 (DD6) of record in County Clerk's File No. 2069011123. of the Off cial Public Records of Jefferson County, Texas,- said 0.107 acres being more 'particularly described as .follows: COMMENCING at the Northeast corner of the said DD6 - 1.432 acre tract, being 'an "ell" corner at the Southwest corner of that certain 10.085 acre tract of land described: in' an .instrurneritao. Beaumont Trace SMV L.P. of record in County Clerk's File No. 2011023955 of the said Official Public Records and being .the Northwest .corner of Windemere Business Park Subdivision of record in County Clerk's File No. 2009008842 of the said Official Public Records; THENCE S 00642'36" E with the East line of 'the said DD6 — 1.432 acre tract, the West line of the said 10.085 acre tract and the West line of the said Windemere Business Park Subdivision for a diistance.of 5.00' to the North right-of-way line of Windcastle Drive (a 60' public roadway) and being the Northeast corner and POINT. OF BEGINNING of the herein described tract; THENCE S 00042136" E with the East line of the said DD6 — 1.432 acre tract, the West line of the said Windemere Business Park Subdivision, crossing -the said Windcastle Drive, and with the East line of the herein described tract for it distance of 60.00' to the South right-of-way line of the said Windcastle Drive and being the Southeast corner of the herein described tract; THENCE N 80044148" W, over and :across the said DD6 — 1.4.32 acre tract, over and across the said .DD6 — 3:647 acre tract and with the South line of the herein described tract for a distance of-76.15' to the West line of the said DD6'— 1647. acre tract, the East line of Windemere Subdivision Section Three of record, n County Clerk's File No. 2015023.510. ofthe said Official Public Records and being on the South right-of4vay line of Windcastle -Drive (_being. a 50' wide public roadway,) and being the Southwest corner- of the herein described tract; THENCE N 00042130 W with the West, line of the said DD6 — 3 647 acre tract, the East line of the said Windemere' Subdivision Section Three, crossing the said Windcastle Drive and with the West line of the herein described tract for a distance of 5.0.00' to the Northwest cornef.of the herein :described tract; THENCE S 88016'37" E, over and across the said DD6 3.647 acre tract, over and across the said DD6 — 1.432 acra tract and with the'North line of the herein described tract for a, distance,.of 75:07' to the point and place of beginning, containing in area, 0.107 acres of land, more or less. (Plat of even date' accompanies this Field Note Description. Job. No. 079841DD6Xing.doc) 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 Tx Board of Prof Engineers Firm No.1160 • Tx Board of Prof Land'Surveyors Firm No.100186 EXHIBIT A 6.107-Acre Road Access Easement to City of Beaumont F2 22 co (CAIIEDIOMS ACRES) 6215 6220 .6210 POC NORTHEAST CORNER DOS 1.432 'ACRES UTIT NORTH ROW OF WNDCASTLE DRIVE �E,1.11T, , Drive .1.07 ACUS AMENDED FINAL PLAT OF, RON The Subject Te.oct consists of NOW OR FORMERLY' Field Notes of oven dote accompany kWs Pla E CL d SP Su 1 94- g, / 0 � Cu