HomeMy WebLinkAboutRES 91-178 i
%7J
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 1.762 acre Temporary
Construction Access Easement and 10.892 acre Perpetual Drainage Easement with Jefferson
County Drainage District No. 6 and Tytex Properties, Ltd. in connection with the construction
of the Taylor's Bayou Drainage and Flood Control Project, 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.
- 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 1 . 762 acres Temporary Construction Access Easement, and
a 10 . 892 acre Perpetual Drainage Easement over and across certain
lands owned by Grantor in Jefferson County, - Texas , more
particularly set for-li.h in Exhibits "A"and "B" , respectively,
attached hereto and made a part hereof for all purposes;
NOW, THEREFORE, for and in consideration of the sum of TEN _
AND NO 1100 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:
i
1
1 • A temporary easement and right-of-way over, across, on
and through the property described as "Construction Access
Easement" in Exhibit "A" attached hereto and made a part hereof,
said easement to be used for the purpose of moving and removing
construction equipment, machinery, and personnel to and from
Hillebrandt Bayou, including hydraulic dredges, barges, boats,
and excavation equipment. Grantee shall have the right to reslope
the banks of Hillebrandt Bayou to facilitate the launching and
removal _ of dredges and barges . Grantee shall restore such
resloped banks to a condition similar to that existing prior to
Grantee's use.
2 . A perpetual right and easement to enter upon the
properties described as "Perpetual Drainage Easement" in Exhibit
"B" 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.
2
The temporary easement described in Exhibit "A" shall be
binding upon the parties hereto, their successors, agents, and
assigns, and shall remain in full force and effect for five (5)
years from the date hereof; provided, however, that Grantor or
Grantee shall have the right to terminate the Temporary
Construction Access Easement upon completion of the channel
improvement 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
"B" 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 mineral interests, if any, which it may own 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 as said easement
described in Exhibit "B" is owned by a public agency, it 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 and egress for these purposes without similar
3
i
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.
Tytex Properties , Ltd . ( a Texas Limited Partnership )
represented herein by Frank A. Eastman, its General Partner, as
successor to the rights of the W. C. Tyrrell Trust, joins herein
for the purpose of evidencing said partnership's consent to the
execution and delivery of this Perpetual Drainage Easement from
the City of Beaumont to Jefferson County Drainage District No. 6,
insofar as such consent is required under the terms of the
conveyance of Tyrrell Park into the City of Beaumont; and Frank
A. Eastman, as agent and attorney-in-fact of the beneficiaries of
said W. C. Tyrrell Trust under the provisions of Paragraph 1.4 of
the Tytex Properties, Ltd. , Limited Partnership Agreement, does
join herein in such capacity to evidence such consent, if any, i
which might be required of such beneficiaries of said W. C.
z 4
i
Tyrrell Trust. This consent ( in both capacities) is limited to
the execution and delivery of this Perpetual Drainage Easement
and only as to the two specific easements described in Exhibits
"A" and "B" , and is granted without warranty of any kind, express
or implied.
EXECUTED this day of , 1991 .
GRANTORS:
CITY OF BEAUMONT, TEXAS
by:
Ray Riley, City Manager
ATTEST:
City Secretary
GRANTEE:
JEFFERSON COUNTY DRAINAGE
-- -- - -----_ - --- _ ------ ---- ------- —IZLSTRICT_NO.-S ----- -- '
by:
Sam 0. Smith, President
TYTEX PROPERTIES, LTD. , successor
of the_ W. Tyrrell Trust
by:
F K A. EASTMAN, General
Partner of Tytex Properties,
Ltd. , and Agent and Attorney-
in-Fact for the beneficiaries
of the W. C. Tyrrell Trust
5
i
I
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
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on the day
of fzllv , 1991, by Frank A. Eastman, in his capacity
as Genera Partner of Tytex Properties, Ltd. , the successor to
the W. C . Tyrrell Trust, and in his capacity as Agent and
Attorney-in-Fact for the beneficiaries of the W. C. Tyrrell
Trust.
MA LOU ALBERT
NOTARY PUBLIC Notary Public, State of Texas
N STATE OF TEXAS
1�►Oran Expires June 27,1901
Printed Name of Notary
My Commission expires:
7
1
i
EXHIBIT «A"
TAYLORS BAYOU DRAINAGE AND AREA: 1. 762 Acres
FLOOD CONTROL PROJECT
(PHASE II - FDM 5 )
TRACT NUMBER: CONSTRUCTION INTEREST TO
ACCESS ESMT. BE ACQUIRED: Temporary Access
Easement
PURPORTED OWNER: The City of Beaumont
DATE: May 17 , 1991
DESCRIPTION:
BEING 1.762 acres of land lying in the S. Stivers Survey, Abstract
No. 51, Jefferson County, Texas and being a part of Tyrrell Park,
a 500 acre tract of land as described in a deed to the City of
Beaumont of record in Volume 196, Page 416 of the Deed Records of
Jefferson County, Texas , said 1. 762 acre tract of land being more
Particularly described by metes and bounds as follows;
COMMENCING at a Texas Highway Department Concrete Monument found in
the southerly right-of-way line of State Highway No. 124 , said
right-of-way being in a curve to the left, and being in the
easterly line of Stivers Road, having a Texas State Plane
Coordinate, South Central Zone, Y=832,892 . 79 and X=3 ,535 , 261 . 95 ;
THENCE along said curve to the left, with the southerly right-of-
way line of said State Highway No. 124, an arc distance of 757 . 62
feet, said curve having a radius of 2804 . 79 feet, a central angle
of 1.5 °28 '36" and a chord bearing of S 62°24125" W for a chord
distance of 755 . 32 feet tc a Drainage District No. 6 (DD6 ) set in
the westerly line of the proposed Corps of Engineers (C.O.E. )
right-of-way for Hillebrandt Bayou and being in the northerly line
of said 500 acre tract;
THENCE along the westerly line of said proposed C.O.E. right-of-way
fqr Hillebrandt Bayou and over and across said 500 acre tract, the
following two ( 2 ) courses and distances; -
(1) S O1°15137" E for a distance of 1716 . 42 feet to a DD6
concrete monument set at an angle point, and
(2) S 02 ° 33122" W for a distance of 531. 03 feet to a DD6
concrete monument set at the POINT OF BEGINNING, being also
at the beginning of a curve to the left and being the
northeast corner of the herein described tract, having a
Texas State Plane Coordinate, South Central Zone,
Y=830 , 296 .42 and 'X=3 ,534, 606. 61;
THENCE continuing along the westerly line of said proposed C. O.E.
right-of-way for Hillebrandt Bayou and the easterly line of the
herein described tract, the following three (3 ) courses and
distances;
Page 1
l
(1) along said curve to the left, an arc distance of 316 . 48
feet, said curve having a radius of 600 . 74 feet, a central
angle of 30 °11103" and a chord bearing of S 12 ° 32110" E for
a chord distance of 312 . 83 feet to a DD6 concrete monument
set at the end of said curve,
( 2 ) S 27 ° 371142" E for a distance of 146 . 78 feet to a DD6
concrete monument set at the beginning of a curve to the
left, having a Texas State Plane Coordinate, South Central
Zone, Y=829 ,861. 01 and X=3 ,534,742 .58, and
(3 ) along said curve to the left, an arc distance of 174 . 73
feet, said curve having a radius of 600 . 74 feet, a central
angle of 16 °34 '53" and a chord bearing of S 35 °57 '38" E for
a chord distance of 174 . 11 feet to an iron rod set at the
southeast corner of the herein described tract;
THENCE S 76130136" W, departing the westerly line of said proposed
C.O.E. right-of-way for Hillebrandt Bayou and with the southerly
line of the herein describe tract, for a distance of 206 . 37 feet to
an iron rod set at the southwest corner of the herein described
tract and being at 30 . 00 feet from and perpendicular to the
centerline of Tyrrell Park Road;
THENCE N 13 °54157" W, with the westerly line of the herein
described tract and parallel to the centerline of said Tyrrell Park
Road, for a distance of 648 . 82 feet to an iron rod set at the
northwest corner of the herein described tract;
THENCE S 87 ° 26 '38" E, with the northerly line of the herein
described tract, for a distance of 118 . 62 feet to the POINT OF
BEGINNING, containing 1 . 762 acres of land, more or less .
All bearings and distances are based on the Texas State Plane
Coordinate System, South Central Zone. To obtain true surface
distance, divide by Grid Factor = 0. 99991. Area shown is true
surface area.
Page 2
EXHIBIT "B"
TAYLORS BAYOU DRAINAGE AND AREA: 10 . 892 Acres
FLOOD CONTROL PROJECT
(PHASE II - FDM 5 )
TRACT NUMBER: H-33 INTEREST TO
BE ACQUIRED: Perpetual Drainage
Easement
PURPORTED OWNER: The City of Beaumont
DATE: May 16 , 1991
DESCRIPTION:
BEING 10 . 892 acres of land lying in the S. Stivers Survey, Abstract
No. 51, Jefferson County, Texas and being a part Tyrrell Park a 500
acre tract of land as described in a deed to The City of Beaumont
of record in Volume 196 , Page 416 of the Deed Records of Jefferson
County, Texas, said 10. 892 acres of land being more particularly
described by metes and bounds as follows;
COMMENCING at a 1-inch iron pipe found for the southwest corner of
James Rowe Survey, Abstract No. 45 , being also the northwest corner
of the C. Hillebrandt Survey, Abstract No. 28 , being also in the
east line of the said S . Stivers Survey, being also the southwest
corner of Lot 7 of "L. J. Hebert Subdivision" , a subdivision of
record in Volume 42 , Page 102 of the Deed Records of Jefferson
County, Texas and being in the east line of said 500 acre tract,
having Texas State Plane Coordinate, South Central Zone,
Y=826 , 287 . 68 and X=3 , 536 , 657 . 13 ;
THENCE N 01 ° 27104" W along the west line of said James Rowe Survey,
the east line of said S. Stivers Survey, the east line of said 500
acre tract and the west line of said "L. J. Hebert Subdivision" ,
for a distance of 2232. 87 feet to a Drainage District No. 6 (DD6 )
concrete monument set at the POINT OF BEGINNING, being also in the
southerly line of the proposed Corps of Engineers (C.O.E. ) right-
of-way for Hillebrandt Bayou and being the most southerly corner of
the herein described tract, having a Texas State Plane Coordinate,
South Central Zone, Y=828,519.84 and X=3 ,536, 600.59;
THENCE N 01°27104" W continuing along the west line of said James
Rowe Survey, the east line of said S. Stivers Survey, the west line
of said "L. J. Hebert Subdivision" , the east line of said 500 acre
tract and the east line of the herein- described tract, for a
distance of 66 . 64 feet to a point on the existing southerly bank of
Hillebrandt Bayou, being also the most easterly northeast corner of
said 500 acre tract and being the most easterly northeast corner of
the herein described tract;
Page 1
1
i
r
I
THENCE along the existing southerly bank of Hillebrandt Bayou, the
northeasterly line of said 500 acre tract and the northeasterly
line of the herein described tract, the following thirty-three (33 )
courses and distances;
(1 ) N 47 °45130" W for a distance of 85 . 27 feet to an angle
point,
( 2 ) N 48 ° 24138" W for a distance of 92. 86 feet to an angle
point,
(3 ) N 56 ° 47120" W for a distance of 53 . 63 feet to an angle
point,
(4 ) N 49 ° 36119" W for a distance of 51 . 73 feet to an angle
point,
(5 ) N 51°10 '11" W for a distance of 144 . 20 feet to an angle
point,
(6 ) N 53 °14138" W for a distance of 196 .51 feet to an angle
point,
(7) N 51° 32134" W for a distance of 215 . 23 feet to an angle
point,
(8 ) N 55 °01118" W for a distance of 233 . 87 feet to an angle
point,
(9 ) N 54 °58134" W for a distance of 189 . 71 feet to an angle
point,
(10 ) N 58 °51157" W for a distance of 116 . 13 feet to an angle
point,
(11) N 62 ° 24129" W for a distance of 111. 43 feet to an angle
point,
( 12 ) N 63116137" W for a distance of 192 .80 feet to an angle
point,
(13 ) N 57 ° 18 ' 26" W for a distance of 113 . 13 feet to an angle
point,
(14 ) N 55 °51'56" W for a distance of 131 . 49 feet to an angle
point,
(15 ) N 31 °49159" W for a distance of 114 . 61 feet to an angle
point,
16 N 36 ° 31148" W for a . distance of 74 . 23 feet to an ankle _
point, - =- — -
(17) N 27 °40108" W for a distance of 129 . 42 feet to an angle
point,
(18 ) N 23 °52108" W for a distance of 178 . 36 feet to an angle
point,
(19 ) N 13 °31120" W for a distance of. 115 . 24 feet to an angle
point,
(20) N 03 °36105" W for a distance of 137.06 feet to an angle
point,
(21) N 05 °00 '01" E for a distance of 168 . 85 feet to an angle
point,
(22) N 06 ° 26100" E for a distance of 187. 26 -feet to an angle
point,
(23 ) N 04 °44155" W for a distance of 165 . 86 feet to an angle
point,
( 24) N 11°56128" W for a distance of 174 . 55 feet to an angle
point,
Page 2
l
i
r
( 25 ) N 03 °41155" W for a distance of 209 . 10 feet to an angle
point,
( 26 ) N 01°07100" W for a distance of 164 . 06 feet to an angle
point,
( 27 ) N 00 °20144" E for a distance of 162 . 97 feet to an angle
point,
( 28 ) N 02 °22109" W for a distance of 164 . 59 feet to an angle
point,
(29) N 02 ° 39154" W for a distance of 156. 05 feet to an angle
point,
(30 ) N 01 °49140" W for a distance of 167 . 68 feet to an angle
point,
(31) N 02 °58115" W for a distance of 170 . 66 feet to an angle
point,
( 32 ) N 01°14139" E for a distance of 181 .53 feet to an angle
point, and
(34) N 01°52128" W for a distance of 173 . 33 feet to a Drainage
District No. 6. (DD6) concrete monument set in the
southerly line of State Highway No. 124 , said .monument
being in a curve to the left, being also the most
northerly northeast corner of said 500 acre tract
and being the most northerly northeast corner of the
herein described tract;
THENCE southwesterly along said southerly line of Highway No. 124 ,
the northerly line of said 500 acre tract and the northerly line of
the herein described tract, an arc distance of 117. 82 feet, said
curve having a radius of 2804 . 79 feet, a central angle of 02 °24 ,25"
and a chord bearing of S 55 '521191, W for a chord distance of 117 . 81
feet to a Drainage District No. 6 (DD6 ) concrete monument set at
the point of intersection with the westerly line of the proposed
Corps of Engineers (C.O.E. ) right-of-way- for Hillebrandt Bayou and
being the northwest corner of the herein described tract, having a
Texas State Plane Coordinate, South Central Zone, Y=832;542.93 and
X=3 ,534 , 592 .54;
THENCE along the westerly line of said proposed C.0 E. right-of-way
and the westerly line of the herein described tract; the following
ten (10) courses and distances;
(1) S 01°15137" E for a distance of 1716. 42 feet to a Drainage
District No. 6 concrete monument set at an angle point,
( 2) S 02 °33122" W for a distance of 531. 03 feet to a Drainage
District No. 6 concrete monument set for the beginning of
a curve to the left,
(3 ) along said curve to the left, an arc distance of 316. 48
feet, said curve having a radius of 600 . 74 feet, a central
angle of 30 011103" and a chord bearing of S 12°32110" E
for a chord distance of 312 .83 feet to a Drainage District
No. 6 concrete monument set at the end of said curve,
(4) S 27 °37142" E for a distance of 146. 78 feet to a Drainage
District No. 6 concrete monument set for the beginning of
a curve to the left,
Page 3
(5 ) along said curve to the left, an arc distance of 359 . 98
feet, said curve having a radius of 600 . 74 feet, a central
angle of 34 ° 19159" and a chord bearing of S 44 °47141" E
for a chord distance of 354 . 62 feet to a Drainage District
No. 6 concrete monument set at the end of said curve,
(6 ) S 61°57141" E for a distance of 662 . 30 feet to a Drainage
District No. 6 concrete monument set at the beginning of
a curve to the right,
(7 ) along said curve- to the right, an arc distance of 192 . 29
feet, said curve having a radius of 1272. 39 feet, a
central angle of 08 °39132" and a chord bearing of S
57 °37155" E for a chord distance of 192 .11 feet to a
Drainage District No. 6 concrete monument set at the end
of said curve,
(8 ) S 53 °18108" E for a distance of 633 . 16 feet to a Drainage
District No. 6 concrete monument set at the beginning of
a curve to the right,
(9) along said curve to the right, an arc distance of 80 . 87
feet, said curve having a radius of 1272. 39 feet, a
central angle of 03 °38129" and a chord bearing of S
51°28154" E for a chord distance of 80. 85 feet to a
Drainage District No. 6 concrete monument set at the
end of said curve, and
(10 ) S 49 °39139" E for a distance of 380 . 99 feet to the POINT
OF BEGINNING and containing 10 . 892 acres of land, more or
less.
All bearings and distances are based on the Texas State Plane
Coordinate System, South Central Zone. To obtain true surface
distance, divide by Grid Factor = 0 . 99991. Area shown is true
surface area.
Page 4