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Home My WebLink AboutRES 23-309RESOLUTION NO. 23-309 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City of Beaumont is currently constructing a new 48-inch diameter raw water pipeline along the length of fine Street and a portion of Marina Drive; and, WHEREAS, a Temporary Construction Easement is required to detour traffic, from Marina Drive around the construction site while this area is closed; and, WHEREAS, the Willis Harris Estate has agreed to grant a 24' wide temporary easement in the amount of $470.00 to the City; 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 has agreed to pay the Willis Harris Estate an additional $470.00 or the remaining balance of the property value at the time of the conveyance of a valid title, to include all rights and interest in Lot 3, Block 4, Sheffield Addition, in a Special Warranty Deed; and, THAT the City Manager be and he is hereby authorized to execute a Temporary Construction Easement with the Willis Harris Estate to allow a 24' wide Temporary Construction Easement to detour traffic from Marina Drive around the construction site in the amount of $470,00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of B October, 2023. this the 24th day of Roy WqA - STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: TEMPORARY CONSTRUCTION EASEMENT THAT, WILLIS HARRIS ESTATE, hereinafter called "GRANTOR.", whether one or more, for and in consideration of the sum. of FOUR HUNDRED SEVENTY AND N01100 DOLLAR. ($470.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. 0. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a temporary construction easement (the "Easement") to construct, alter, and maintain improvements on the hereinafter described lands which said easement is under, over, in and across lands which the undersigned owns or in which the undersigned has an interest, situated in the County of Jefferson, State of Texas, described in Exhibit "A" attached hereto and made a part hereof for all purposed. Said temporary construction casement is depicted on the attached plat marked Exhibit "A". The temporary construction casement shall be considered null and void upon the successful completion of the construction easement. The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and removing utilities and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however• that Grantee use of the Easement and the rights appurtenant thereto shall in no evert unreasonably interfere with or hinder• the business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. The conveyance of the Temporary Construction Easement granted herein is made by the Grantor and accepted by the City of Beaumont subject to any and all existing easements, covenants, rights -of -way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Cleric of the County of Jefferson. This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. EXECUTED this ( 5 day of 646�, 2023. GRANTOR: Willie Harris Estate By: K�111.liatl Printed Name: Glenda McCray_ Title: Executor ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on this the i day of 2023, by Brenda McCray, Exeeutor, of Willis Harris Estate. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 0-['-�day of �' , 2023. l RY$rALQAR7A Ala j [: Eras May 13 2W xA Y Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 p Millm CITY OF BFhVMONT ry "rne 48-INCH PINE STREET RAW WATCH LINO r,24 n o.s.r S rwawY,{ WfA G£NEP+tL IOlee rvsn lna [wnrtvsll, �1 `�l�i1LLu0Y W4rRVH� I,r4ane YEA mrv�{'nil r[Mo ewsl DETOUR EXHIBIT 7v115fA uwn%u.a lrcel na.erlosYvilie fws+:.YmY leavmunnrwaimse YIIi111W[ �- i °:,��ya�i.e�wnoa ��ru„f rvn.nure-. {[0 Rant elf lSl {4JIID) Wlb.xxx «rveYen THE STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT PROJECT: Raw Water Pipeline Project Property ID# 101125 0 0 This agreement between the WILLIE HARRIS ESTATE, of the County of Jefferson, State of Texas, hereinafter called GRANTOR, and the City of Beaumont, Texas, acting by and through its duly authorized Agent, hereinafter called GRANTEE, witnesseth: CITY OF BEAUMONT and the GRANTOR above recited have reached an agreement wherein the GRANTOR is to convey to the CITY OF BEAUMONT a temporary construction easement across said property described as being Lot 3, Block 4, Sheffield Addition, in the City of Beaumont, Jefferson County, Texas. The consideration and conditions of agreement states the CITY OF BEAUMONT will pay FOUR HUNDRED SEVENTY AND NOI100 DOLLARS ($470) for a temporary construction easement. It is further agreed that the CITY OF BEAUMONT will pay GRANTOR an additional FOUR HUNDRED SEVENTY AND N01100 DOLLARS ($470) or remaining balance of the property value at time of conveyance of a valid title to include all rights and interest in Lot 3, Block 4, Sheffield Addition, in the City of Beaumont, Jefferson County, Texas, in a Special Warranty Deed from GRANTOR to the CITY OF BEAUMONT. All liens and taxes (either current or delinquent) will be deducted. THIS AGREEMENT IS SUBJECT, HQWEVER, TO THE APPROVAL OF THE BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. EXECUTED this 1 day of , 20. CITY OF BEAUMONT k A& — WntoineM Lardy Real Property Coordi for WILLIE HARRIS ESTATE / M'!:� .I., rdR ,�Ak ' en a McCray Executor STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § TEMPORARY CONSTRUCTION EASEMENT THAT, WILLIS HARRIS ESTATE, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of FOUR HUNDRED SEVENTY AND NO/100 DOLLAR ($470.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a temporary construction easement (the "Easement") to construct, alter, and maintain improvements on the hereinafter described lands which said easement is under, over, in and across lands which the undersigned owns or in which the undersigned has an interest, situated in the County of Jefferson, State of Texas, described in Exhibit "A" attached hereto and made a part hereof for all purposed. Said temporary construction easement is depicted on the attached plat marked Exhibit "A". The temporary construction easement shall be considered null and void upon the successful completion of the construction easement. The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and removing utilities and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. The conveyance of the Temporary Construction Easement granted herein is made by the Grantor and accepted by the City of Beaumont subject to any and all existing easements, covenants, rights -of -way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson. This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. EXECUTED this (3 day of 644O12023. GRANTOR: Willie Harris Estate By: a."M I L, t,1-1' Printed Name: Glenda McCray Title: Executor ACKNOWLEDGMENT a 1ININmelmW.AW COUNTY OF JEFFERSON zz This instrument was acknowledged before me on this the � J day of Oc&�, 2023, by Brenda McCray, Executor, of Willis Harris Estate. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Ot'--'-day of , 2023. My Nvury ID# 132009734 A };i► Expires May 13, 2027 Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 Hot& N� Air SIDI M SEWS OU ET (FIEL LOCATED) LLJ 'PAW BEGIN F-AZ 11T-1 ELM STREET aWIF LINE - IW7 6Y RA I US In 0 A1-- L,.j Lu x I C FITI I., MARINA DRIVE END ROAD D UR O� Lill 1 7jo ag 91 0 CO' w IN FEET FILED AND RECORDED OFFICIAL PUBLIC RECORDS Roxanne Acosta-Hellberg, County Clerk Jefferson County, Texas October 26, 2023 11:33:31 AM FEE: $38.00 2023030101