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HomeMy WebLinkAboutRES 83-174 P3 7 R E S O L U T I O N WHEREAS, the Bishop of the Beaumont Diocese has tendered two easements to the City of Beaumont, Jefferson County, Texas, for utility purposes, the same attached hereto as Exhibit "A" ; and, WHEREAS, the City Council has considered the purposes of said easements and is of the opinion that the acceptance of said easements for 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 easements tendered by the Bishop of the Beaumont Diocese to the City of Beaumont be, and the same are hereby, in all things accepted. PASSED BY THE CITY COUNCIL of the Cpity of Beaumont this the lot,6 day of 190 3 . - Mayor - EASEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON That THE MOST REVEREND BERNARD J. GANTER, BISHOP OF BEAUMONT, for himself and his successors in office and assigns, according to the doctrines, disciplines and rules of government of the Roman Catholic Church, of the County of Jefferson, State of Texas, hereinafter called Grantor, for and in consideration of Ten and no/100 ($10 .00) Dollars in hand paid by The City of Beaumont, Jefferson County, Texas , a municipal corporation, whose address is Post Office Box 3827 , Beaumont, Texas 77704 , hereinafter called Grantee, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has GRANTED AND CONVEYED, and by these presents does GRANT AND CONVEY, unto the said Grantee, a 15 foot width utility easement, all of which is for underground utilities, save and except the South 28 .8 feet, which is for the use of a sanitary sewer lift station and said 15 foot width easement being out of a certain 42 acre tract of land in the Daniel Easley League in Beaumont, Jefferson County, Texas that was conveyed by George W. Brown, Jr. and C. A. Kohler by deed to the Bishop of Beaumont on November 25 , 1981 and said 15 foot width utility easement being more particularly described by metes and bounds as follows : FOR locative point begin at an iron rod in the North line of the Walker tract of land and in the East line of a 120 foot width right-of-way known as Major Drive; said iron stake also locating the Southwest corner of a 42 acre tract of land that was conveyed by George W. Brown, Jr . and C. A. Kohler to the Bishop of Beaumont; THENCE East with the South line of said 42 acre tract and with the North line of the Walker land across an existing 20 foot width utility easement 23 .19 feet to an iron stake locating the Southwest and the beginning corner of the tract of land herein described; THENCE North 30 degrees 24 minutes West parallel and 20 feet from the East right-of-way line of said Major EXHIBIT "A" Drive 1091 . 24 feet to an iron stake in the North line of said 42 acre tract and in the South line of the Jack King 24 acre tract of land; said iron stake also being 22 .96 feet East of the Southwest corner of the Jack King tract of land; THENCE North 89 degrees 01 minutes 30 seconds East with the North line of said 42 acre tract of land and with the South line -of the Jack King tract of land 17 . 22 feet to an iron stake for corner; THENCE South 30 degrees 24 minutes East 1091 .58 feet to an iron stake in the South line of said 42 acre tract of land and the North line of the Walker tract; THENCE West with said line 17 .39 feet to the place of beginning; together with the right and privilege to enter upon said easement and construct, maintain, operate, inspect, replace, repair and remove the above mentioned utilities and facilities; provided, however, that whenever Grantee makes any use of the easement it shall restore the surface thereof to good condition acceptable to Grantor . Grantor retains the right to use the surface of the easement as he chooses, so long as such use does not interfere with or otherwise limit any of the rights herein granted to Grantee. Grantee shall indemnify Grantor against and save him harmless from all damage to Grantor' s property, and all claims and judgments (including costs of litigation and attorneys' fees) for personal injuries (including death) or damage to property, made or obtained against Grantor by any persons, firms or corporations whatsoever, that are in whole or in part caused by, or that in any manner arise out of or result from, the exercise by Grantee, its employees, agents, licensees, contractors or subcontractors, of any one or more or all of the rights and privileges herein granted by Grantor, and whether or not caused in whole or in part by the negligence of Grantee , its employees, agents, licensees, contractors or -2- r� !7 S� subcontractors, save and except only such claims as may be caused by the sole negligence of Grantor. TO HAVE AND TO HOLD the above granted easement, together with all and singular -the rights and privileges thereto in anywise belonging, unto Grantee, but only for so long as Grantee uses the same for the uses and purposes above mentioned. Q � WITNESS the signature of Grantor this i day of April, A.D . , 1983 . n THE MOST P,4VEREND BERNARD J. GANTER, BISHOP OF EAUMONT THE STATE OF TEXAS § § ss. COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared THE MOST REVEREND BERNARD J. GANTER, BISHOP OF BEAUMONT, 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 considera- tion therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this L- day of April, A.D . , 1983 . Nk Notary 1 for T s GEORGE W. BROWN, Jet. NOTARY PUBLIC-STATE OF TEXAS By COMMISSION EXPIRES 6-30-64 -3- DEED GRANTING A UTILITY EASEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS : COUNTY OF JEFFERSON § THAT I, THE MOST REVEREND BERNARD J . CANTER, BISHOP OF BEAUMONT, for myself and my successors in office, of the County of Jefferson and State of Texas , for and in consideration of the sum of Ten and No/100 Dollars ( $10. 00) and other good and valuable con- sideration to the undersigned paid by the Grantee herein, the receipt of which is hereby acknowledged, have GRANTED, SOLD and CONVEYED and by these presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, a Municipal Corporation, of the County of Jefferson and State of the Texas ,, utility easement in Jefferson County , Texas , described in Exhibit "A" hereto attached, which exhibit is made a part hereof by reference . TO HAVE AND TO HOLD the same perpetually to the City of Beaumont and its successors , together with the right and privilege at any and all times to enter said premises or any part thereof for the purpose of construction and maintaining utilities of every kind and character thereon and for making connections therewith . WITNESS MY HAND this 1 day of _ C. , 198 THE MO T REVEREND B RNARD J . CANTER, BISHOP 04 BEAUMONT, for himself and his suc ssors in office THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day person- ally appeared THE MOST REVEREND BERNARD J. CANTER, BISHOP OF BEAUMONT, 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 considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of ��e-c /7. 19 8 U? . ,au-? NOTARY PUBLIC , S ATE OF TEXAS Notary ' s pr' nted name : Date C mmi sion Expires : EXHIBIT "A" KOHLERANDKOHLER November 30, 1982 FIELD NOTE DESCRIPTION OF A 15 FOOT WIDTH UTILITY EASEMENT TO BE CONVEYED BY THE BISHOP OF BEAUMONT TO THE CITY OF BEAUMONT BEING a 15.0 foot width utility easement out of that certain 1.20 acre tract of land conveyed by J. H. Walker, et al to the Bishop of Beaumont and said easement being more particularly described by metes and bounds as follows : FOR locative point begin at an iron rod in the North line of the Walker tract of land and in the East line of a 120 foot width right-of-way known as Major Drive; said iron stake also locating the Southwest corner of a 42 acre tract of land that was conveyed by C. A. Kohler and George W. Brown, Jr . to the Bishop of Beaumont ; THENCE East with the South line of said 42 acre tract of land and with the North line of a 1.20 acre tract of land 23. 19 feet to a stake locating the Northwest and the beginning corner of the tract of land herein described; THENCE South 30 degrees 25 minutes East along the East line of a 2.0 foot existing utility easement that was conveyed by J. H. Walker, et al to the City of Beaumont a distance of 129. 71 feet to a stake in the centerline of the Gulf States Utilities Company 150 width right-of-way; THENCE North 82 degrees 18 minutes East with said line a distance of 16.26 feet to a stake for corner; THENCE North 30 degrees 25 minutes West 127. 19 feet to a stake in the South line of said 42 acre tract of land; THENCE West with said South line 17.39 feet to the place of beginning . The above described easement crosses a drain ditch that may be described in an unrecorded drainage easement and also is partially on a 150 foot width right-of-way conveyed by J. H. Walker to Gulf States Utilties Company by deed dated November 27, 1956 and being recorded in Vol .. 1049 Page 519 of the Deed Records of Jefferson County, Texas. .t-CJ. C. A. Kohler - R CAK:mc-3261 Engineers and Surveyors P.O.Box 5065 625 Fourteenth Street Beaumont,Texas 77702 713/833-4395 The mailing address of the Grantee is : City of Beaumont -P . o. Box 3827 Beaumont , Texas 77704