HomeMy WebLinkAboutRES 99-102 RESOLUTION NO. -14-2
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby authorized to enter into a Joint Use
Agreement with Jefferson County Drainage District No. 6 on their drainage easement in
the Charles Williams League, Abstract 59 for the Walden Road Project. A plat depicting
the proposed Joint Use Agreement and the contract are substantially in the forms attached
hereto as Exhibits "A" and "B".
PASSED BY THE CITY COUNCIL of the City of Beaumont this the JG,?Vt day of
, 1999.
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SUBJECT
WALDEN ROAD
IMPROVEMENTS PROJECT =�f ,
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PROPOSED
JOINT USE AGREEMENT = q ? 4A DEN WAL EH "
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CHARLES WILLIAMS LEAGUE M,M u"
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ABSTRACT 59 ;1 LOW
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JEFFERSON COUNTY DRAINAGE
DISTRICT NO.6 e�`f
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LEGEND
SUBJECT PROPERTY LOCATIDN MAP
N.T.S.
BLOC;;a -- N.T.S.
BLOCK 9 BLOCK 2
7 -
EXHIBIT SHOWING EXISTING
DRAINAGE DISTRICT #6
30 FEET WIDE
DRAINAGE EASEMENTS
LOCATED ALONG & PARALLEL
TO WALDEN ROAD
EXHIBIT "A"
AG-VAL 01
JOINT USE AGREEMENT
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
WHEREAS, the City of Beaumont, hereinafter called the City, proposes to make certain
road and drainage improvements on that section of Walden Road; and
WHEREAS, the Jefferson County Drainage District No. 6, hereinafter called the Owner,
proposes to retain, locate or relocate certain of its facilities and retain title to any property rights
it may have on, along or across, and within or over such limits of the Easement right-of-way as
indicated on location sketches attached hereto as Exhibit"A" and copies of the original recorded
easements attached hereto as Exhibit "B" made a part hereof for all purposes, except as provided
hereinbelow;
NOW, THEREFORE, it is hereby mutually agreed that joint usage for both street and
drainage purposes will be made of the area within the road right-of-way limits as such area is
defined and to the extent indicated on the aforementioned plans or sketches. Where Owner by
reason of ownership of an easement or fee title or otherwise under law has the right to alter,
modify or add to facilities presently located within the area above described or construct
additional facilities therein, such right is hereby retained, provided, however, if existing facilities
are to be altered or modified or new facilities constructed within said area the Owner agrees to
notify the City prior thereto, to furnish necessary sketches showing location, type of construction
and methods to be used for protection of traffic, and if, in the opinion of the City, such alteration,
modification or new construction will injure the street or endanger the traveling public using said
street, the City shall have the right, after receipt of such notice,to prescribe such regulations as
necessary for the protection of the road facility and the traveling public using said road; provided
further, however, that such regulations shall not extend to the requiring of the placement of
intended overhead lines underground or the routing of any lines outside of the area of joint usage
above described.
In the event of an emergency, it being evident that immediate action is necessary for
protection of the public and to minimize property damage and loss of investment, either party
hereto may at their own responsibility and risk make necessary emergency repairs, notifying the
other party hereto of this action as soon as is practical.
Participation in actual costs incurred by the Owner for any future adjustment, removal or
relocation of utility facilities required by road construction shall be in accordance with and to the
extent possible under applicable laws of the State of Texas. Except as expressly provided herein,
(1) the Owner's rights of access to the through-traffic roadways and/or ramps shall be subject to
the same rules and regulations as apply to the general public, and (2)the Owner and the City, by
execution of this agreement, do not waive or relinquish any right which they may have under the
law or Constitution, State or Federal.
EXHIBIT "B"
In the event the Owner fails to comply with the requirements as set out herein, the City
may take such action as it deems appropriate to compel compliance.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures.
Owner: J son C age District No. 6 City of Beaumont
By
Title ' re C (�'c Title f
Date 3 q Date
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME,the undersigned authority, on this day personally appeared
4: L4, , Jefferson County Drainage District No. 6, acknowledged on behalf
of the Jefferson County Drainage District No. 6.
9Cw".Exp.0740vMW LINDA IF COLLINB NOTARY PUBLIC Notary Public, State of Texas
State of Texas
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared
City of Beaumont, a municipal corporation, acknowledged on behalf
of the said City of Beaumont.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Gladys G.Allen
P.O.Box 3827
Beaumont,TX 77704