HomeMy WebLinkAboutRES 106 EEELN/im/3/6/73
A R E S 01.h -U T I O N
WHEREAS, Ruthe B. Dowlen, Tom H. Dowlen, and
Robert 0. Dowlen, Sr.' have tendered an easement to The
City of Beaumont for street and/or utility purposes in,
on and over property owned by them in The City of Beaumont,
Jefferson County, Texas, said easement being dated
February 28, 1973; and,
WHEREAS, the City Council has considered the
purposes of said easement and is of the opinion that the
acceptance of said easement for street and/or utility
purposes 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 said easement tendered by the above-named
persons to The City of Beaumont.be., and the same is hereby,
1
1 in all things accepted.
I, PASSED by the City Council this the 13 day of
Innca&OL , 1973.
- Mayor -
i
THE STATE OF• TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON
That we, Ru e B. Dowlen, owner of
12, percent of
the property which is the subject of this grant; Tom H. Dowlen,
owner of 25 percent of the property which is the subject of
this grant; and Robert 0. Dowlen, Sr., owner of 122 percent
of the property which is the subject of this grant, for and
in consideration of the sum of Ten and No/100 ($10.00) Dollars
cash to us in hand paid by The City of Beaumont, Jefferson
County, Texas, receipt of which is acknowledged, and the further
consideration of the benefits to accrue to us, have GRA1,TTFD,
SOLD and CONVEYED, and by these presents do GRANT, SELL and
i
CONVEY unto The City of Beaumont, its successors aiac! assigns,
an easement or right of way�for street and/or utility purooses
in, on and over the following described tract of land, to -wit:
ALL THAT CERTAIN tract or parcel of land being.
out of a called 321 acre tract known as the
John L. Keith - P. A. Dowlen Es ate Property and
being a part of Lots or Blocks 9 and 10 of the
partition of the west 1/2 of the H. Williams
Survey as described in Volume "D'`, Page 439 of
the District Court Minutes, Jefferson County,
Texas said Lots or Blocks 9 and 10 being further
described in deed conveying 1/2 interest in
said bots or Blocks 9 and 10 from John L.
Keith to P. A. Dowlen, dated December 12, 1.906
and recorded in Volume 92., Page 271 Deed
Records of Jefferson County, Texas.
BEGINNING at a concrete monument with a metal
cap located at the northeast corner of that
certain 12.497 acre tract known as Rogers Park
and further described in deed from Cerebral
Palsy Foundation of Beaumont, Texas to the City
of Beaumont dated December 29, 1964, and re-
corded in Volume 1410, Page 109 Deed Records of
Jefferson County,'Texas;
THENCE with the north 11_ne of said Rogers Park
and 12:497 acre tract South eighty-eight ,,-_.grees
forty-three minutes thirty-six seconds West
(S 88043'36'' W) for a distance of 20.00 feet
to a concrete monument for corner;
THENCE North two degrees twenty-nine minutes
zero seconds WestI(N 0202.9100" W) parallel
to and 20 feet distant from the 'west line of
existing Dowlen Road for a course distance of
789.79 feet to a concrete monument for corner,
said corner being1the point of curvature of a
curve to the right havin� a radius of 1200 feet,
a centra]. angle of 36000 00" and a tangent dis-
tance of 389.90 feet;
THENCE along said,curve for an arc distance of
753.98 feet to a concrete monument for a point
of tangency;
THENCE North thirty-three degrees thirty-one
minutes zero seconds East (N 33031'00" E) for
a distance of 1094.50 feet to a concrete monument
at a point of curvature of a curve to the
left having a radius of 1100 feet, a central
angle of 34052'31" and a tangent distance of
345.52 feet;
THENCE along said curve for an arc distance of
669.56 feet to a point of tangency and a concrete
monument for corner;
THENCE North one degree twenty-one minutes thirty-
one seconds West (N 01021'31" W) along a line
forty (40) feet distance from and parallel to the
westerly line of existing Dowlen Road for a dis-
tance of 1118.34 feet to a concrete monument for
the northwest corner of the herein described
tract said corner being in the north line of the
Keith-Dowlen (called 321 acre) tract.and the
south line of the P`_in American Petroleum Corpor-
ation tract, said monument being in the division
line of Lots or Blocks 8 and 9 of said partition
of the west 1/2 of the H. Williams Survey as
described in Volume "D", Page 439 of the District
Court Minutes, Jefferson County, Texas;
THENCE with the common boundary between the
Keith-Dowlen tract and the Pan American Petroleum
Corporation tract North eighty-eight degrees
fifty-three minutes fifty-six seconds East
(N 88053'56" E) a distance of 40 feet to a 1/2
inch iron rod for corner in West line of exist-
ing Dowlen Road;
THENCE with the west line of Dowlen Road 60 feet
wide South one degree twenty-one minutes thirt
one seconds East S! e
of 1492.95 feet to a01/2_linch ironrod
atsaance
point of curvature of a curve to the right
having a�radius of1200 feet, a central angle
of 16 1+0'49" and a tangent of 175.92 and a.
long chord which bears South twenty-five degrees
Len minutes thirty-s!ix seconds West (S 25010'36" W);
THENCE along said curve for an arc distance of
349.35 feet to a 1/2 inch iron rod for corner
and point of tangency;
i
i M 3-1 �-1 X1'73
curve to the left having a radius of 1100 feet,
a central angle of 32054'47" and a tangent of
324.93 feet;
THENCE along said curve for an arc distance of
631.88 feet to a 1/2 inch iron rod for corner in
the north line of the east -west portion of
Dowlen Road;
THENCE South eighty-nine degrees thirtyoeiOt
minutes thirty-seven seconds -West (S 89 38 37" W)
for a distance of 81.66 feet to a 1/2 inch iron
rod for corner at an ell corner of Dowlen Road;
THENCE South two degrees twenty-nine minutes
zero seconds East (S 02029'00"'E) along the
west line of Dowlen Road for a distance of 852.44
feet to the PLACE OF BEGINNING
CONTAINING IN AREA ',6.711 acres of land, more
or less, and being,subject to all leases, ease-
ments and rights of way of record.
This conveyance is;made and delivered by these Grantors
and accepted by The City of Beaumont subject to the followingi
conditions and reservations, to -wit:
A. Grantors reserve for themselves, their heirs and
assigns their respective mineral ownerships in and to the
lands embraced within the -easement hereby granted;
B. Grantee accepts title to the property covered
by this grant subject to the oil, gas and mineral lease outstand-
ing against the lands covered by this easement and subject to
the grazing lease against the lands covered by this easement;
C. Grantee, T17e City of Beaumont, agrees to hold the
Grantors harmless from liabiI lity for the cost of the initial
street improvements over and upon the right of way hereby
granted, and to construct a fence adequate to turn stock upon
the property remaining and along side the initial street
improvement;
D. Grantors reserve for themselves, their heirs and
assigns all lands included in this grant not used for street
and road purposes;
E. No attempt shall be made by the City to change
N
and are in the nature of covenants assumed and agreed to by
the Grantee.
TO HAVE AND TO HOLD the above-described ?remises
together with all and singular the rights and appurtenances
thereto and in anywise belonging unto The City of Beaumont, r
its successors and assigns, and Grantors --do hereby bind them
selves, their heirs and devisees unto the said The City of
Beaumont, Jefferson County, Texas, and its successors and
assigns against every person whomsoever lawfully claiming:or
to claim the same or any part thereof, to the extent of the
interest of each Grantor as set out herein, and except as to
the oil, gas and other mineral ownerships, grazing leases
and like reservations, all as set forth in Sections A through
F,'inclusive and as set forth in this easement.
EXECUTED this the �;_ day of (�r.1973.
iyL
Ruthe B. Dowlen
Tom H. Dowlen
Robert 0. Dowlen, Sr.
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day
personally appeared RUTHE B. DOWLEN, known to me to be the person
whose name is subscribed to the foregoing instrument and
acknowledged to me that she executed the same for the purposes
and consideration therein expressed.
GIVEN under my handand seal of office, this
day of 1973.
fr
NotaryiPu lc in an or
Harris County, Texas
THE STATE OF CALIFORNIA �
4.
COUNTY OF
c
BEFORE ME, the undersigned authority, on this day
personally appeared TOM H. DOWLEN, known to me to be the
person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the
purposes and consideration therein expressed.
this . 71 `'
,r) GIVEN under my hand and seal of office,
d ay o f 1973.
THE STATE OF TEXAS
COUNTY OF HARRIS §
r
.�.��°��.��.�
N, a -y : u lc In an or
Iva
Lj d w., County, California
BEFORE ME, the undersigned authority, on this day per-
sonally appeared ROBERT 0. DOWLEN, SR., known to me to be the
person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the pur-
poses and consideration therein expressed.
GIVEN under my hand and se 1 of office, this
day of �•� t��, 1973.
Notary CFtyD11¢
'Harris County,
i7�an or
Texas