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Home My WebLink AboutRES 91-165 i RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute a 125-acre Temporary Spoil Disposal Area Easement to be located south of the landfill property, a permanent easement over the existing Drainage Ditch 107 between the Wastewater Plant and the landfill property, and a permanent easement on either side of the Hillebrandt Bayou along the proposed Wetland Treatment System property, said easement substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of :` _, 1991. G, - Mayor - EASEMENT STATE OF TEXAS COUNTY OF JEFFERSON § This conveyance is made by the CITY OF BEAUMONT, TEXAS, (whose address is P . O . Box 3827 , Beaumont, Texas 77704) , a municipal corporation domiciled in Jefferson County, Texas, ( "Grantor" ) to JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6, (whose address is P.O. Box 20078, Beaumont, TX 77720) ( "Grantee" ) ; W I T N E S S E T H : WHEREAS, in connection with the construction of the Taylors Bayou Drainage and Flood Control Project, the Grantee seeks to acquire a 125 . 164 acre Temporary Spoil Disposal Area Easement, a Temporary Dredge Pipe Easement , 129 . 598 acres of Perpetual Drainage Easement comprising five tracts, and a 200 foot wide Floodway Easement over and across certain lands owned by Grantor in Jefferson County, Texas , more particularly set forth in Exhibits "A" , "B" , "C" , and "D" , respectively, attached hereto and made a part hereof for all purposes; NOW, THEREFORE, for and in consideration of the sum of TEN AND N01100 DOLLARS ($10 .00) and the further consideration of the mutual benefits which the parties hereto will receive from completion of this phase of the Taylors Bayou Drainage and Flood Control Project, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge and confessed, Grantor does by these presents GRANT, SELL, and CONVEY unto the Grantee, its successors and assigns, the following interests: EXHIBIT "A" I i 1 . A temporary easement and right-of-way over, across, on and through the property described as "Temporary Disposal Area" in Exhibit "A" attached hereto and made a part hereof, for the purpose of depositing dredged material and other matter excavated during the construction of the Project, and for the purpose of moving, storing, and removing equipment, supplies, vehicles, erecting and removing temporary structures and to build levees and to perform any other work necessary and incident to the depositing of dredged material, together with the right to trim, cut, and remove therefrom, all trees , underbrush, obstructions, or other surface vegetation or structures or obstacles owned by Grantor within the limits of the said easement ; RESERVING, however, to the Grantor, all such rights and privileges in said tract of land as may be used and enjoyed without interfering with or abridging the rights and easements hereby conveyed to Grantee; 2 . A temporary easement and right-of-way over, across , on and through the property described as "Dredge Pipe Easement" in Exhibit "B" attached hereto and made a part hereof, said easement to be used for the purpose of installing and operating a dredge pipe between Hillebrandt Bayou and the disposal area site described in Exhibit "A" , the exact location of said pipe easement to be dete`rmi_ned by the Grantee at the time of construction. Grantee shall have the right to cut all timber, trees, and underbrush within the easement, and to dispose of the resulting debris by pushing the debris to one side of the easement. 2 i 3 . A perpetual right and easement to enter upon the properties described as "Perpetual Drainage Easement" in Exhibit "C " comprising five tracts, for the purpose of making various channel, canal and waterway improvements to those waterways located adjacent to said land, to improve the flow of water drainage and flood waters within the Taylors Bayou Project area, including areas over and along the surface of said land, such improvements to include the right to clear, cut, fell, remove, and dispose of any and all timber, trees, underbrush, buildings, improvements and/or other obstructions therefrom; to excavate or dredge all or a portion of the surface of said land; to widen and deepen said waterways , reslope the sides of said waterways, straighten, align, and realign said channel or canal, and other improvements necessary to aid the flow and discharge of said waterways . After initial construction, the Grantee shall have the right to maintain the portions so cut away and removed. 4 . A perpetual easement and right-of-way over, across, on and through the property described as "Floodway Easement" in Exhibit " D " for the purpose of providing a flow-way for floodwaters from Hillebrandt Bayou and for the further purpose of prohibiting the construction = or erection of any structures, r levees , or other objects which would restrict or obstruct the ti overland flow of floodwaters from Hillebrandt Bayou; RESERVING, however, to the Grantor, and its assigns, all such rights and privileges in said property as may be used and enjoyed without interfering or abridging the rights herein conveyed to the Grantee. 3 i I The temporary easements described in Exhibits "A" and "B" shall be binding upon the parties hereto, their successors, agents, and assigns, and shall remain in full force and effect for fifteen ( 15) years from the date hereof; provided, however, that Grantor or Grantee shall have the right to terminate these easements upon completion of the disposal work contemplated herein by giving 120 days prior notice in writing to the other party at the above designated address or succeeding addresses . The drainage easement described in Exhibit "C" and the floodway easement described in Exhibit "D" will remain in force and effect perpetually. RESERVING, however, to the Grantor, its successors and assigns, all such rights and privileges in said tracts of land, including riparian rights, as may be used and enjoyed without interfering or abridging the rights and easements hereby conveyed to the Grantee. Grantor specifically excepts and reserves from this conveyance, for itself, its successors and assigns, all oil, gas and other minerals in and under said land and that may be produced and saved from the above described property. Grantor does hereby expressly agree,- for itself, its successors and assigns , that as long a"s said easements described in Exhibits "C" v and "D" are owned by a public agency, they shall never be used as a drill-site, well-site, tank battery site, or for any other purposes incidental to the development of said land for oil, gas or other minerals unless expressly authorized in writing by said public agency, and Grantor hereby waives its rights of ingress 4 I and egress for these purposes without similar written authorization until such time as the Taylors Bayou Drainage and Flood Control Project is completed on Hillebrandt Bayou; however, Grantor does reserve unto itself, its successors and assigns, the right and privilege to engage in directional drilling for the purposes of developing oil, gas and other minerals lying in and under said land. TO HAVE AND TO HOLD the rights and easements herein set out unto Grantee, JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6, its successors and assigns perpetually for the purposes aforesaid, and Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend all and singular the title to the subject lands herein conveyed by easement to Grantee , its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this day of 1991 . GRANTORS: CITY OF BEAUMONT, TEXAS b_y: Ray Riley, City Manager f ATTEST: City Secretary 5 i GRANTEE: JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 by: Sam 0. Smith, President THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of , 1991, by Ray Riley, City Manager of City of Beaumont, Texas , for and on behalf of said governmental entity. Notary Public, State of Texas Printed Name of Notary My Commission expires : THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of , 1991, by Sam 0. Smith, President of Jefferson County Drainage District No. 6 , for and on behalf of said governmental entity. Notary Public, State of Texas Printed Name of Notary My Commission expires : 6 i PNNEfT WY X490/ f � I •4< Oq FLORIDA AVE OOOO ` 00-/ O 0o O 1 cir < WA1rER PERM/TIED \` d c REl;LAMAT/O L A N DF/LL PL ANT \ lb < Jj � -f P UNPERM/TTED \ - - - - _--- -�► - TT}� +t LANDFILL \� } �}} PROPOSED t�{} PROPOSED 4}� \ ' P D D 6 "i ` Q }} EASEMENT *t�+1 WETLANDS ' T t t}-} } � }F} `N, �.�� WETLANDS }+fly +tt ft -- - - tt PROPOSED t+ P �- T OD 6 EASEMENT +t} {ttt. D ov o c ++ A:11,+ +1 t EXHIBIT All EXHIBITS B, C, AND D" ARE LOCATED IN THE RESOLUTION FOLDER IN CLERK'S OFFICE VAULT