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Home My WebLink AboutRES 81 EEELLJ/gh/l/31/73 A R E S O L U T I 0 N WHEREAS, Amoco Production Company and Jefferson County, Texas, have tendered an easement agreement granting to the City of Beaumont an easement needed for water and sewer con- struction in the current CIP Project No. 12-WU-04, which easement is considered to be in the best interest of the City of Beaumont and its citizenry; NOW, THEREFORE, BE IT RESOLVED BY THE CITY.COUNCIL OF THE CITY OF BEAUMONT, TEXAS: That the Mayor be, and he is hereby., authorized to execute for and on behalf of the City of Beaumont an easement agreement conveying to the City 0.072 acres of land -for underground utilities in the Wesley B. Dikes Survey, Abstract 17, in the City of Beaumont, Jefferson County,'Texas; and that the City Clerk be, and she is hereby, authorized to attest to said easement agreement and to affix the Seal of.the City of Beaumont thereto. PASSED by the City Council this the 0— day of February, 1973. Mayor - UTILITIES EASEMENT. -� THE STATE -OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON I That AMOCO PRODUCTION COMPANY, A Delaware corporation with a permit to do business in Texas, and a post office address of P. 0. Box 3092, Houston, Texas, 77001 and JEFFERSON COUNTY;' -;TEXAS; as Lessee, by virtue of a Lease dated October 3, 1949,'and recorded in :Volume_750 at page 141 of the Deed Records of Jefferson-County;°Texas,' hereinafter called "Grantor", for and in consideration 0f b.ene'fits accruing,to"its.remaining.abutting property, -doe 's:her'by`,GRANT and CONVEY unto THE CITY OF BEAUMONT, TEXAS, its successors and"assigns, hereinafter balled "Grantee",.a right of way or servitude.t.o construct,.; lay, maintain,operate," alter,"'repair and remove orate"r and sewer" -lines and 'all" other "'utilities, together"with :necessary, appurtenance"s thereto under, across 'arid through property situated in`the County of Jefferson; State of Texas, described -as follows. A right of way ten. feet in width "situated in the Wesley B. Dikes Survey, Abstract 17,.Jefferson County,',:Texas, said right of way being out of that certain 891.828 acre tract described'in the General Warranty Deed from' J: S. Edwards et al,. Grantor, to Yount -Lee Oil Company, Grantee, dated May 24, 1933 and recorded in -Volume 376; Page 367 of the Deed Records of said Jefferson County;' said right ,of way being five feet on each side of the following described center line: COMMENCING at the West cornerof that certain 1.611 acre tract described in Surface Lease from Stanolind Oil and - :Qas Company, Lessor, to Jefferson County, Texas, Lesse.'e, dated October 3, 1949 and recorded in Volume 7.50, Page, .141 of said Deed Records;, THENCE South 500 05' 0.'9'' East 24.78 feet with the South- west line of said 1.611 acre tract to a point; , r.: THENCE South 360:.40' .0'9" ":West 6.88 feet to the PLACE . OF "BEGINNING, being the intersection of the Center line of the ten foot.easement herein described and the East -line of an. existing 20 foot utilities easement; THENCE North 360 40' 09" -East 288.75 feet to a point; THENCE North 500.04' 53" West 25.28 feet to the POINT OF ENDING, on the Southeast right of way of FM 364: SV T"x_ ...,o..-....-- A temporary construction' easement is hereby granted for construction purposes 'out of Grantor's land lying betweenthe.north line of the permanent easement herein conveyed and the south and east right of way line of FM 364, if needed, for original construction purposes, but after said utilities have been'constructed•'6r'two:(2) years from'the effective date hereof,'whichever`-shall first occur, the right of way shall revert to and remain as a'ten`.1foot (10') permanent easement as the same is described hereinbefore.' All rights .of ingress and egress to and from said -utilities easement shall be exercised along,and within said:right of way or on existing or'future roads .as the same maybe established'. The Grantee hereby agrees to pay,for'all'damages to crops, trees, fences, pasturage and other property or'rights which may :result from Grantee's operations hereunder, and Grantee specifically agrees that before cutting any fences to properly brace and cross -brace on both sides of the gap to�be cut and after construction will restore and rebuild such fences'to as good or better condition as they pre- viously existed and will replace any fences destroyed during the construction,'maintenance, repair and removal of such utilities. If such utilities pass near an existing house or houses or other buildings on any: of the property described herein and if it is necessary to re- move`. any or all 'of said buildings or to modify same in any manner, Grantee hereby agrees to bear the entire expense incident'thereto. Furthermore,.Grantee agrees-to,pay for all damages to cattle and all other,animals as well as all other property of persons who'hold.leases or.other rights from Grantor and' Grantee agrees to'obtain,any and all necessary consents and'releases,at its own cost'and expense from any and all tenants,'.lessees and persons in possession of 'such property.' Grantee also shall bury'such utilities and all appurtenances so that :the top thereof shall be not less than thirty=six inches (36") b.elow theexisting surface of the ground. Grantee further agrees.that.,' when i Grantor retains unto itself; its successors;'.'tenants; 'sub- tenants-, agents and licensees, the right to farm,;graze, construct. ditches; canals, fences, electric.light.and'power'lines, water lines, gas lines, telephone and.other utility lines and railroads; roads and passageways over and across said easement :and right of way'and other- wise `to' use and enjoy all of , said premises,' provided, :however, Grantor shall not.exercise such'use and enjoyment in , -a manner that1,wil'1 inter- fere with the rights herein granted. Grantee agrees to'fill and level said right of way and 'ease ment'and, in general, to restore said land as nearly'as possible'to its original contour and condition pro r to construction of said util- ities, including cleaning up said„easement and right of way and re- moving all debris 'from the right of way and from.,the.above described property. This grant is made without warranty of title or possession either express or implied and is made expressly subject to and sub- ordinate to all leases whether or not of record, encumbrances and; rights of third persons, except to;the extent.that'Jefferson County, Texas,,joins in this conveyance of its right of possession to the - premises herein conveyed. Grantee does hereby covenant and agree to indemnify and hold Grantor-free.and harmless against any and all loss, damage; claims,., demands, suits, payments, costs and expenses, including court -costs and attorney's.fees which Grantor may suffer, incur or pay or to'which' it may be made liable including, but,not limited to,.any,injury or damage to property, real', persona!1 or mixed, or for personal injuries, casualties, accidents or death resulting to any persons by reason -of, arising out of, incident to, or in any way connected directly or in directly with the performance or exercise or failure to perform or exercise any rights_ contemplated' or operations hereunder or.,.;the'`exist ence of said facilities, excluding only any injury resulting from.the negligence or willful acts of Grantor which'is the so.le.,proximate'cause