HomeMy WebLinkAboutPACKET APR 16 2013 RICA WIT■ OrrORTOAITT
BEAUMON*
T • B • E • A 9 S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS APRIL 16,2013 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—April 9, 2013
* Confirmation of committee appointments
A) Approve a resolution authorizing an application for,and acceptance of,new funding for
the Southeast Texas Auto Theft Task Force
B) Approve a resolution approving the renewal of a lease agreement with Bar C Ranch for
the Southeast Texas Auto Theft Task Force building and the approval of an additional
lease agreement with the same company for added warehouse space
C) Approve a resolution authorizing the acceptance of a twenty foot(20')wide and a five
foot(5')wide Hike and Bike Trail Easement; a Parking and Access Easement and a
Temporary Construction Easement from Jefferson County Drainage District No. 6 for the
purposes of accessing and constructing a hike and bike trail and parking area from
Dowlen Road to Major Drive
A
City Council Agenda Item
M ell
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: April 16, 2013
REQUESTED ACTION: Council consider a resolution authorizing an application
for, and acceptance of, new funding for the Southeast Texas
Auto Theft Task Force
BACKGROUND
The Southeast Texas Auto Theft Task Force is a multi jurisdiction agency comprised of
personnel from the Beaumont Police Department, Jefferson County Sheriff's Office, Pt. Arthur
Police Department and Hardin County Sheriff's Office. Since the inception of the Task Force,
motor vehicle thefts have decreased in Beaumont by 82.6% from 1721 in 1992 to 299 in 2012.
The Task Force focuses efforts in three areas: investigations,targeting vehicle burglaries and
thefts, inspections, targeting vehicle repair shops, salvage dealers and individuals referred by the
DMV for VIN verification, and crime prevention awareness,targeting the public with media
campaigns,training and public presentations.
The City of Beaumont has been the grantee for the Southeast Texas Auto Theft Task Force since
1993. The Task Force presently operates on a budget of$1,040,131 provided in part by
$564,338 funded by the Texas Automobile Burglary and Theft Prevention Authority.
Participating agencies also provide matching funds in the form of a cash match of$165,033 and
an"in kind"match of$310,660. Title 43, Part III, Chapter 57 of the Texas Administrative Code,
allows local government agencies to apply for one year funding through a State Grant from the
Texas Automobile Burglary and Theft Prevention Authority. The grant cycle will begin on
September 1, 2013 and end on August 31, 2014.
FUNDING SOURCE
The application for FY2014 is in the amount of$1,231,636. State funds in the amount of
$715,721 are being requested. The Beaumont Police Department will provide $155,812 as a cash
match in the form of personnel benefits, fuel, and maintenance for vehicles, while other agencies
will provide an additional $51,901 in cash match. An"in-kind"match of$308,202 will also be
provided in the form of salaries for personnel.
RECOMMENDATION
Approval of Resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and accept funding in
the amount of $715,721 through the Texas Automobile Burglary and Theft Prevention
Authority Fund for the Southeast Texas Auto Theft Task Force to provide vehicle burglary
and theft investigations and crime prevention education .
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute
all documents necessary to apply for and accept said funding.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of April,
2013.
- Mayor Becky Ames -
B
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: April 16, 2013
REQUESTED ACTION: Council consider a resolution approving the renewal of a lease
agreement with Bar C Ranch for the Southeast Texas Auto Theft
Task Force building and the approval of an additional lease
agreement with the same company for added warehouse space.
BACKGROUND
The Southeast Texas Auto Theft Task Force is a multi jurisdiction agency comprised of six personnel
from the Beaumont Police Department, and one each from the Jefferson County Sheriff's Office, Pt.
Arthur Police Department and Hardin County Sheriff's Office. Since the inception of the Task Force,
motor vehicle thefts have decreased in Beaumont by 82.6%from 1721 in 1992 to 299 in 2012. The
Task Force conducts investigations targeting vehicle burglaries and thefts, inspects repair shops and
salvage dealers, and provides training for local law enforcement and crime prevention awareness
information for the public.
The Task Force offices are located at 2430 West Cardinal Drive, Suite C. The renewal of the Lease
Agreement with Bar C Ranch will be for 36 months and run from September 1, 2013 until August 31,
2016 with a cost of$1,755.00 a month. The location currently, 3900 sq. ft.,houses offices for eight of
the nine officers assigned to the Task Force along with limited garage space. The garage area houses a
vehicle lift used for inspecting vehicles. The space, however, is insufficient to accommodate the
number of vehicle and trailers owned and operated by the Task Force, not to mention the vehicles and
trailers seized by the unit regularly. Currently what cannot be stored on site, must be stored at the
Special Services Division of the Police Department. By leasing the suites adjacent(Suites D and E)
to the Task Force's current offices as proposed, the Task Force would be able to store all vehicles and
trailers owned or seized by the Task Force on site which would be a tremendous advantage. The new
Lease Agreement, for an additional 5,850 sq. ft. of space with Bar C Ranch, will be for 40 months and
will run from May 1, 2013 until August 31, 2016 with a cost of$1,462.50 for 4 months and then
$2,632.50 a month for the remainder of the lease.
FUNDING SOURCE
Both leases are written so that if grant funding is not available the City can opt out of the lease with
no penalty. Funds are currently available for both leases through August when grant funding should
be renewed.
RECOMMENDATION
Approval of Resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a three (3)year lease agreement
with Bar C Ranch Company, Inc. for Southeast Texas Auto Theft Task Force office and
warehouse space located at 2530 West Cardinal Drive, Suite C, at a monthly rental fee of
$1,755.00. The lease agreement is substantially in the form attached hereto as Exhibit"A"
and made a part hereof for all purposes; and,
BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to
execute a forty (40) month lease agreement with Bar C Ranch Company, Inc. for
Southeast Texas Auto Theft Task Force office and warehouse space located at 2530 West
Cardinal Drive, Suites D and E, at a monthly rental fee of$1,462.50 for months 1-4 and a
monthly rental fee of$2,632.50 for months 5-40. The lease agreement is substantially in
the form attached hereto as Exhibit "B" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of April,
2013.
- Mayor Becky Ames -
LEASE AGREEMENT
This Lease Agreement is made and entered into this day of , 2013 by and
between BAR C RANCH COMPANY,INC., a Texas Corporation,herein referred to as"Landlord,"and CITY OF
BEAUMONT/SOUTHEAST TEXAS AUTO THEFT TASK FORCE,herein referred to as"Tenant."
ARTICLE I
Section 1.01.Leased Premises.
Landlord hereby leases and demises to Tenant, and Tenant hereby takes and leases from Landlord, subject to
the terms and conditions hereof, warehouse and office space consisting of approximately Three Thousand Nine
Hundred (3,900) square feet located at 2430 West Cardinal Drive, Suite C, Beaumont, Texas 77705 together with
exclusive use of the area enclosed by fencing east of the building (herein referred to as the "Leased Premises" or the
"Demised Premises"). During the term of this Lease the Tenant shall have the non-exclusive right to use the parking
area and access driveways serving the building in which the Lease Premises are situated.
Section 1.02.Term.
The term of this Lease shall be thirty-six (36) months after the commencement date hereof, which shall be
deemed to be September 1, 2013, at which point Tenant is obligated to pay Landlord rent as hereinafter provided.
Unless earlier terminated under the provisions hereof or earlier extended,this lease shall terminate August 31,2016.
ARTICLE II
Section 2.01. Base Rent.
As rent for the lease and use of the leased premises, Lessee will pay Lessor as follows: Base Rent
shall be calculated as follows:
Base Rent Base Rent
Rental Period /Sq. Ft./Yr /Month
Months 1-36 $5.40/Sq. Ft. /Yr $1,755.00
Lessee's Base Rent shall be prorated for partial months,if any,within the term.
This rent is payable monthly, in advance, commencing on Commencement Date and continuing
monthly thereafter on the first day of each and every calendar month during the term of this lease. Lessee
shall pay the rent at 2615 Calder, Suite 1050, Beaumont, TX 77702 monthly in advance, as aforesaid, as
the same shall fall due.
Section 2.02.Taxes,Insurance and Maintenance.
(a) Landlord is responsible for and shall pay the following:
(i) All taxes and similar assessments against the land and the Premises;
(ii) Premiums applicable to hazard insurance obtained by Landlord covering the Premises;and
(iii) The amount of any fees for the trash dumpsters servicing the Demised Premises.
(iv) Common area maintenance expenses, including but not limited to lawn service, outside
lighting,project administration and paving.
EXHIBIT "A"
(b) Tenant's signage shall be installed, maintained and removed at tenants sole cost and expense,and the
interior of the Demised Premises, including but not limited to light bulbs, ballasts, interior plumbing, plate windows
and doors, overhead doors, door hardware,HVAC and HVAC filters shall be maintained at the sole cost and expense
of Tenant and kept by Tenant in good working condition throughout the term of the Lease. Landlord shall deliver the
premises to Tenant with all systems in good working order, and in the event any system requires full replacement
during the term hereof, such replacement shall be at Landlord's sole expense unless such replacement is due to the
negligence of Tenant or to Tenant's failure to properly maintain such system, in which case such replacement shall be
at the sole expense of Tenant. Landlord shall have the right to enter upon the Leased Premises at reasonable times
during business hours for the purpose of inspecting the premises in order to determine that maintenance is being
properly performed.
(c) The foundation, outside plumbing, exterior walls, common area and roof of the building in which the
Demised Premises are situated shall be maintained by Landlord, except for damage thereto resulting from acts or
negligence of Tenant or Tenant's employees,agents or invitees.
Section 2.03.Taxes on Personal Property.
Tenant shall be responsible for and shall pay before delinquency all taxes assessed during the term of this
Lease against any leasehold interest or personal property of any kind, owned by or placed in, upon or about the
Leased Premises by Tenant or others authorized by Tenant.
ARTICLE III
Section 3.01.Use of Premises.
Tenant shall use the Leased Premises solely for the purpose of conducting the business of the detection, and
administration of stolen vehicles and related items and all related uses, but for no other purpose or purposes, without
obtaining the prior written consent of Landlord. Tenant shall promptly and continuously comply with all laws,orders,
and regulations of the State, County and City affecting the use,occupation,safety,and cleanliness of the premises and
Tenant's property. No capital improvement costs are considered to be a part of this Lease Agreement unless
specifically agreed to in writing.
Section 3.02.Assigning and Subletting.
Tenant shall not assign this Lease or sublet the Leased Premises or any part thereof without first obtaining the
written consent of Landlord; and if Landlord's consent is obtained, such consent shall not relieve Tenant of its
obligations hereunder. Landlord agrees that consent is not to be unreasonably withheld.
ARTICLE IV
Section 4.01.Loss and Damage.
Landlord shall not be liable for any loss or damage to property located on the premises and belonging to
Tenant or others,such loss or damage resulting from any cause,whether from theft,vandalism or any other cause. All
such property shall be kept or stored at the sole risk of Tenant. Landlord shall not be liable for any injury to persons
resulting from any occurrence in, on or arising from the use of the Leased Premises, unless caused by the acts of
negligence of Landlord,its agents,employees or subcontractors.
Section 4.02.Legal Fees
The prevailing party shall pay all costs, expense and reasonable attorney's fees that may be incurred or paid
by Landlord in successfully enforcing the covenants and agreements in this Lease.
Section 4.03.Liability Insurance.
Tenant is self-insured as to all liability and maintains an adequate self-insurance fund to pay such claims. As
to liability claims resulting from the negligence of Tenant, Tenant will assume the responsibility for the processing of
such claims and protect Landlord from such claims.
ARTICLE V
Section 5.01.Notice of Damage.
In the event fire, explosion, or any other type of casualty shall damage the Leased Premises, Tenant shall
immediately give notice thereof to Landlord.
Section 5.02.Damage from Insured Hazard.
If the damage is the result of a hazard covered by insurance, then Landlord shall repair any damage restoring
the Leased Premises,whereupon Landlord shall be entitled to retain all hazard insurance. If the damage is caused by a
non-insured hazard during the term of this Lease, then Landlord shall have the election of terminating the Lease or of
repairing the damage whereupon the Lease shall remain in full force and effect. During such time as the Leased
Premises are untenantable by virtue of damage,rent shall be abated.
Section 5.03.Total Condemnation.
If the whole of the Leased Premises shall be taken or condemned by eminent domain, then the term of this
Lease shall cease and terminate as of the date that title shall be divested of Landlord, and all rentals (including taxes
and insurance) shall be paid to that date, and Tenant shall have no claim against Landlord for the value of any
unexpired term of this Lease.
Section 5.04.Partial Condemnation.
If any part of the Leased Premises shall be taken or condemned by eminent domain for any public or quasi-
public use or purpose, and in the event that such partial taking or condemnation shall render the Leased Premises
unsuitable for the business of Tenant, then the term of this Lease shall cease and terminate as of the date of title
vesting in such proceeding, and Tenant shall have no claim against Landlord for the value of any unexpired term of
this Lease. In the event of a partial taking or condemnation which is not extensive enough to render the premises
unsuitable for the business of Tenant, then Landlord may, at its option, promptly make all necessary repairs and
alterations necessary to put that portion of the Leased Premises in a condition comparable to its condition at the time
of such condemnation less the portion lost in the taking, in which event the terms and conditions of this Lease shall
continue in full force and effect except for adjustments to the rental reflecting actual changes in square footage of the
premises.
Section 5.05.Damages.
In the event of any condemnation or taking by eminent domain as herein before provided, whether whole or
partial, Tenant hereby expressly waives any right or claim to any part thereof. Notwithstanding that all damages
resulting from condemnation and awarded as compensation for diminution in value of the leasehold or to the fee of
the Leased Premises are to belong to Landlord,nothing herein contained shall limit Tenant's right to claim and recover
from the condemning authority, but not from Landlord, such compensation as may be separately awarded or
recoverable by Tenant in Tenant's own right arising from any and all damage to Tenant's business by reason of such
condemnation and for or on account of any cost or loss incurred by Tenant in removing Tenant's merchandise,
furniture,fixtures,leasehold improvements and equipment.
ARTICLE VI
Section 6.01.Quiet Enjoyment.
Upon payment by Tenant of the rents herein provided, and upon the observance and performance of all
covenants, terms and conditions on Tenant's part to be observed and performed, Tenant shall peaceably and quietly
hold and enjoy the Leased Premises for the term hereby demised without hindrance or interruption by Landlord or any
other person or persons lawfully or equitably claiming by, through or under Landlord, subject, nevertheless, to the
terms and conditions of this Lease.
Section 6.02.Holding Over.
In the event Tenant remains in possession of the Leased Premises after the expiration of this Lease and
without the execution of a new lease or extension, it shall be deemed to be occupying said premises as a tenant from
month to month at a rental equal to the rental herein provided and otherwise subject to all the conditions, provisions
and obligations of this Lease insofar as the same are applicable to a month-to-month tenancy, subject to Landlords
right to increase rental as provided under the provisions of Texas law applicable to a month to month tenancy.
Section 6.03.Alterations,Etc., by Tenant.
Tenant shall not make any structural alterations, additions, or improvements to the Leased Premises without
the prior written consent of Landlord, except the installation of unattached movable trade fixtures, which may be
made or installed without drilling, cutting or otherwise defacing the Leased Premises. All permanent alterations,
additions, improvements and fixtures(other than unattached, movable trade fixtures)which may be made or installed
by either party hereto upon the Leased Premises shall remain upon and be surrendered with the premises and become
the property of Landlord at the termination of this Lease. Tenant shall have the right to install, at its own expense, a
sign or signs at the Demised Premises, subject to local ordinances and to Landlord's approval as to size, design, and
general decor. Any sign shall be the property of Tenant and must be removed at the end of the tenancy and any non-
permanent alterations or improvements.
Section 6.04.Surrender of Premises.
At the expiration of the tenancy herein created, Tenant shall surrender the Leased Premises in the same or
better condition as the Leased Premises were in upon delivery of possession,ordinary wear and tear and damage from
the elements excepted. The foregoing sentence shall be inapplicable to a termination occurring by virtue or provision
of sections 5.02 or 5.03 hereof. If requested by Landlord, Tenant shall remove all its trade fixtures, and any non-
permanent alterations or improvements before surrendering the Leased Premises and shall repair any damage to the
Leased Premises caused thereby. Tenant's obligation to observe or perform this covenant shall survive the expiration
or other termination of this Lease.
ARTICLE VII
Section 7.01 Offset Statement.
Within ten days after request therefor by Landlord, or upon any sale, assignment or hypothecation of the
Leased Premises by Landlord, if an offset statement shall be required from Tenant, Tenant agrees to deliver in
recordable form a certificate to any proposed mortgagee or purchaser, or to Landlord, certifying(if such be the case)
that this Lease is in full force and effect and that there are no defenses or offsets thereto, or stating those claimed by
Tenant.
Section 7.02.Attornment.
Tenant shall, in the event any proceedings are brought for the foreclosure of, or in the event of exercise of the
power of sale under any mortgage made by Landlord covering the Leased Premises, attorn to the purchaser upon any
such foreclosure or sale and recognize such purchaser as Landlord under this Lease.
Section 7.03 Subordination.
It is agreed that the right and interest of Tenant under this Lease shall be subject and subordinate to any
mortgages or deeds of trust that may hereafter be placed upon the Leased Premises, and to any and all advances to be
made thereunder, and to the interest thereon, and all renewals, modifications, replacements and extensions thereof, if
the mortgage or trustee named in said mortgages or deeds of trust shall elect by written notice delivered to Tenant to
subject and subordinate the right and interest of Tenant under this Lease to the lien of its mortgage or deed of trust
and shall agree to recognize this Lease of Tenant in the event of foreclosure if Tenant is not in default; but any
mortgage or trustee may elect to give the rights and interest of Tenant under this Lease priority over the lien of its
mortgage or deed of trust. In the event of either such election, and upon notification by such mortgagee or trustee to
Tenant to that effect, the rights and interest of Tenant under this Lease shall be deemed to be subordinate to, or to
have priority over, as the case may be,the lien of said mortgage or deed of trust, whether this Lease is dated prior to
or subsequent to the date of said mortgage or deed of trust. Tenant shall execute and deliver whatever instruments
may be required for such purposes,and in the event Tenant fails so to do within ten(10)days after demand in writing,
Tenant does hereby make, constitute and irrevocably appoint Landlord as its attorney in fact and in its name, place
and stead so to do.
Section 7.04.Short Form Lease.
Landlord and Tenant each agree that at the request of either they will, following the commencement of the
term of this Lease, execute and deliver a recordable short-form lease containing the basic provisions of this Lease,
acknowledging that Tenant has accepted possession and this lease is operative, and reciting the exact commencement
date and termination date of this Lease.
ARTICLE VIII
Section 8.01.Waste or Nuisance.
Tenant shall not commit or suffer to be committed any waste upon the Leased Premises or any nuisance or
other act or thing which may disturb the quiet enjoyment of any other tenant of Landlord in the proximity of the
Leased Premises.
Section 8.02.Governmental Regulations.
Tenant shall, at Tenant's sole cost and expense, comply with all requirements and regulations of all county,
municipal, state, federal and other applicable governmental authorities, now in force or which may hereafter be in
force, pertaining to the said premises, and shall faithfully observe in the use of the premises all municipal and county
ordinances and state and federal statutes now in force or which may hereafter be in force.
ARTICLE IX
Section 9.01.Acts of Default.
Any of the following shall constitute an event of default by Tenant:
(a) Failure of Tenant to pay all rental and other charges due hereunder within 15 days after same shall
become due;or
(b) Failure by Tenant to perform any of the other terms, conditions, covenants or obligations of Tenant
under this Lease, if such failure shall continue for more than 30 days after written notice thereof shall have been give
by Landlord to Tenant; provided, however, that if each failure cannot reasonably be cured within thirty (30) days,
Tenant shall not be in default if Tenant commences to cure such failure within the thirty(30)day period and in good
faith continues to cure such failure;or
(c) Tenant becoming bankrupt or insolvent, or filing any debtor proceedings, or seeking any type of
debtor relief, or the filing against Tenant in any court pursuant to any statute either of the United States or of any other
state a petition in bankruptcy or insolvency or for an arrangement or for the appointment of a receiver or trustee for all
or a portion of Tenant's property, or Tenant making an assignment for the benefit of creditors, or petitioning for or
entering into an arrangement with respect to its creditors;or
(d) Abandonment of the Leased Premises by Tenant,or
(e) Any act or omission by Tenant,which creates or purports to create a lien upon the Leased Premises.
Nothing herein shall preclude Tenant's right to seek an equitable recovery for any default by Landlord of any
provision of this lease.
Section 9.02.Landlord's Remedies.
(a) Upon default by Tenant, Landlord shall have the right to re-enter and take possession of the Leased
Premises. Should Landlord elect to re-enter, as herein provided, or should it take possession pursuant to legal
proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to
time without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let the
premises, and re-let said premises or any part thereof for such term or terms (which may be for a term extending
beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in
its sole discretion may deem advisable; upon each such re-letting the rentals shall be applied, first, to the payment of
any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any costs and
expenses of such re-letting, including brokerage fees and attorney's fees and of costs of such alterations and repairs;
third,to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied
in payment of future rent as the same may become due and payable hereunder. If such rentals received from such re-
letting during any month are less than that to be paid during the month by Tenant hereunder, Tenant shall pay any
such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking
possession of said premises by Landlord shall be construed as an election on its part to terminate this Lease unless a
court of competent jurisdiction thereof should decree the termination.
(b) Notwithstanding any such re-letting without termination, landlord may at any time thereafter elect to
terminate this Lease for such previous breach. In addition to any other remedies it may have, it may recover from
Tenant all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises,
reasonable attorney's fees, and including the worth at the time of such termination of the excess, if any, of the amount
of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated term over the then
reasonable rental value of the Leased Premises for the remainder of the stated term, all of which amounts shall be
immediately due and payable from Tenant to Landlord.
Section 9.03.Additional Remedies.
In case suit shall be brought for recovery of possession of the Leased Premises,for the recovery of rent or any
other amount due under the provisions of this Lease, or because of the breach of any other covenant therein contained
on the part of Tenant to be kept or performed, and a breach shall be established, Tenant shall pay to Landlord all
expenses incurred therefor, including a reasonable attorney's fee. Any and all actions as may be brought under this
Lease shall be brought in Jefferson County,Texas.
ARTICLE X
Section 10.01.Waiver.
One or more waivers of any covenant, term or conditions of this Lease by either party shall not be construed
as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by either party
to or of any act by the other party requiring such consent or approval shall not be deemed to waive or render consent
to or approval of any subsequent similar act. Waiver by Landlord of any covenant,term or condition of this Lease or
of other or similar covenants, terms or conditions in leases with other Tenants of the Leased Premises or failure of
Landlord to require or any other tenant of the Leased Premises to undertake or perform obligations hereunder or other
similar obligations shall not be deemed a waiver or failure as to any other person or party.
Section 10.02.Accord and Satisfaction.
No payment by Tenant or receipt by Landlord of a lesser amount than the rent herein stipulated shall be
deemed to be other than on account of the earliest stipulated rent, not shall any endorsement or statement on any
check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord
may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue
and other remedy provided in this Lease.
Section 10.03.Notice.
Any written notice under this Lease shall be by certified mail or courier, or delivered in person and;
(a) If intended for Landlord, addressed or delivered to Landlord at 2615 Calder suite 1050 Beaumont,
TX 77702 or at some other address in the U.S.A.as Landlord may designate by written notice;and
(b) If intended for Tenant, addressed or delivered to Tenant at the City of Beaumont, P. O. Box 3827,
Beaumont, Texas 77704, or at some other address in the U.S.A. as Tenant may designate by written
notice.
Section 10.04.Landlord's Successors-In-Interest.
This provision shall inure to the benefit of Landlord and its assigns and shall be binding upon Tenant and its
assigns; and the provisions of this agreement shall be binding upon Landlord only with respect to breaches occurring
during the period of ownership of the Leased Premises by Landlord and upon the successors-in-interest of Landlord
only during the period of ownership by such successors-in-interest of Landlord.
ARTICLE XI
Notwithstanding anything contained in this Lease to the contrary, in the event no funds or insufficient funds
are appropriated and budgeted or funds are otherwise unavailable by any means whatsoever in any fiscal period for
lease payments due under this Lease, Tenant will immediately notify Landlord in writing of such occurrence and this
Lease shall terminate on the last day of the fiscal period for which appropriations have been received or made without
penalty or expense to Tenant.
EXECUTED in multiple counterparts,each of which shall be deemed an original.
LANDLORD TENANT
Bar C Ranch Company,Inc. City of Beaumont/
Southeast Texas Auto Theft Task Force
By: By:
Michael S.Wakefield Kyle Hayes
Property Manager City Manager
LEASE AGREEMENT
This Lease Agreement is made and entered into this day of , 2013 by and
between BAR C RANCH COMPANY,INC., a Texas Corporation,herein referred to as "Landlord,"and CITY OF
BEAUMONT/SOUTHEAST TEXAS AUTO THEFT TASK FORCE,herein referred to as "Tenant."
ARTICLE I
Section 1.01.Leased Premises.
Landlord hereby leases and demises to Tenant, and Tenant hereby takes and leases from Landlord, subject to
the terms and conditions hereof, warehouse and office space consisting of approximately Five Thousand Eight
Hundred Fifty (5,850) square feet located at 2430 West Cardinal Drive, Suites D and E, Beaumont, Texas 77705
(herein referred to as the "Leased Premises" or the "Demised Premises"). During the term of this Lease the Tenant
shall have the non-exclusive right to use the parking area and access driveways serving the building in which the
Lease Premises are situated.
Section 1.02.Term.
The term of this Lease shall be forty(40)months after the commencement date hereof, which shall be deemed
to be May 1, 2013, at which point Tenant is obligated to pay Landlord rent as hereinafter provided. Unless earlier
terminated under the provisions hereof or earlier extended,this lease shall terminate August 31,2016.
ARTICLE II
Section 2.01.Base Rent.
As rent for the lease and use of the leased premises, Lessee will pay Lessor as follows: Base Rent
shall be calculated as follows:
Base Rent Base Rent
Rental Period /Sq.Ft./Yr /Month
Months 1-4 $3.00/Sq. Ft./Yr 1,462.50
Months 5-40 $5.40/Sq. Ft./Yr $2,632.50
Lessee's Base Rent shall be prorated for partial months,if any,within the term.
This rent is payable monthly, in advance, commencing on Commencement Date and continuing
monthly thereafter on the first day of each and every calendar month during the term of this lease. Lessee
shall pay the rent at 2615 Calder, Suite 1050, Beaumont, TX 77702 monthly in advance, as aforesaid, as
the same shall fall due.
Section 2.02.Taxes,Insurance and Maintenance.
(a) Landlord is responsible for and shall pay the following:
(i) All taxes and similar assessments against the land and the Premises;
(ii) Premiums applicable to hazard insurance obtained by Landlord covering the Premises;and
(iii) The amount of any fees for the trash dumpsters servicing the Demised Premises.
(iv) Common area maintenance expenses, including but not limited to lawn service, outside
lighting,project administration and paving.
EXHIBIT "B"
(b) Tenant's signage shall be installed, maintained and removed at tenants sole cost and expense, and the
interior of the Demised Premises, including but not limited to light bulbs, ballasts, interior plumbing, plate windows
and doors, overhead doors, door hardware,HVAC and HVAC filters shall be maintained at the sole cost and expense
of Tenant and kept by Tenant in good working condition throughout the term of the Lease. Landlord shall deliver the
premises to Tenant with all systems in good working order, and in the event any system requires full replacement
during the term hereof, such replacement shall be at Landlord's sole expense unless such replacement is due to the
negligence of Tenant or to Tenant's failure to properly maintain such system, in which case such replacement shall be
at the sole expense of Tenant. Landlord shall have the right to enter upon the Leased Premises at reasonable times
during business hours for the purpose of inspecting the premises in order to determine that maintenance is being
properly performed.
(c) The foundation, outside plumbing, exterior walls,common area and roof of the building in which the
Demised Premises are situated shall be maintained by Landlord, except for damage thereto resulting from acts or
negligence of Tenant or Tenant's employees,agents or invitees.
Section 2.03.Taxes on Personal Property.
Tenant shall be responsible for and shall pay before delinquency all taxes assessed during the term of this
Lease against any leasehold interest or personal property of any kind, owned by or placed in, upon or about the
Leased Premises by Tenant or others authorized by Tenant.
ARTICLE III
Section 3.01.Use of Premises.
Tenant shall use the Leased Premises solely for the purpose of conducting the business of the detection,
storage and administration of stolen vehicles and related items and all related uses, but for no other purpose or
purposes, without obtaining the prior written consent of Landlord. Tenant shall promptly and continuously comply
with all laws, orders, and regulations of the State, County and City affecting the use, occupation, safety, and
cleanliness of the premises and Tenant's property. No capital improvement costs are considered to be a part of this
Lease Agreement unless specifically agreed to in writing.
Section 3.02.Assigning and Subletting.
Tenant shall not assign this Lease or sublet the Leased Premises or any part thereof without first obtaining the
written consent of Landlord; and if Landlord's consent is obtained, such consent shall not relieve Tenant of its
obligations hereunder. Landlord agrees that consent is not to be unreasonably withheld.
ARTICLE IV
Section 4.01.Loss and Damage.
Landlord shall not be liable for any loss or damage to property located on the premises and belonging to
Tenant or others,such loss or damage resulting from any cause,whether from theft,vandalism or any other cause. All
such property shall be kept or stored at the sole risk of Tenant. Landlord shall not be liable for any injury to persons
resulting from any occurrence in, on or arising from the use of the Leased Premises, unless caused by the acts of
negligence of Landlord,its agents,employees or subcontractors.
Section 4.02.Legal Fees
The prevailing party shall pay all costs, expense and reasonable attorney's fees that may be incurred or paid
by Landlord in successfully enforcing the covenants and agreements in this Lease.
Section 4.03.Liability Insurance.
Tenant is self-insured as to all liability and maintains an adequate self-insurance fund to pay such claims. As
to liability claims resulting from the negligence of Tenant, Tenant will assume the responsibility for the processing of
such claims and protect Landlord from such claims.
ARTICLE V
Section 5.01.Notice of Damage.
In the event fire, explosion, or any other type of casualty shall damage the Leased Premises, Tenant shall
immediately give notice thereof to Landlord.
Section 5.02.Damage from Insured Hazard.
If the damage is the result of a hazard covered by insurance,then Landlord shall repair any damage restoring
the Leased Premises, whereupon Landlord shall be entitled to retain all hazard insurance. If the damage is caused by a
non-insured hazard during the term of this Lease,then Landlord shall have the election of terminating the Lease or of
repairing the damage whereupon the Lease shall remain in full force and effect. During such time as the Leased
Premises are untenantable by virtue of damage,rent shall be abated.
Section 5.03.Total Condemnation.
If the whole of the Leased Premises shall be taken or condemned by eminent domain, then the term of this
Lease shall cease and terminate as of the date that title shall be divested of Landlord, and all rentals (including taxes
and insurance) shall be paid to that date, and Tenant shall have no claim against Landlord for the value of any
unexpired term of this Lease.
Section 5.04.Partial Condemnation.
If any part of the Leased Premises shall be taken or condemned by eminent domain for any public or quasi-
public use or purpose, and in the event that such partial taking or condemnation shall render the Leased Premises
unsuitable for the business of Tenant, then the term of this Lease shall cease and terminate as of the date of title
vesting in such proceeding, and Tenant shall have no claim against Landlord for the value of any unexpired term of
this Lease. In the event of a partial taking or condemnation which is not extensive enough to render the premises
unsuitable for the business of Tenant, then Landlord may, at its option, promptly make all necessary repairs and
alterations necessary to put that portion of the Leased Premises in a condition comparable to its condition at the time
of such condemnation less the portion lost in the taking, in which event the terms and conditions of this Lease shall
continue in full force and effect except for adjustments to the rental reflecting actual changes in square footage of the
premises.
Section 5.05.Damages.
In the event of any condemnation or taking by eminent domain as herein before provided, whether whole or
partial, Tenant hereby expressly waives any right or claim to any part thereof. Notwithstanding that all damages
resulting from condemnation and awarded as compensation for diminution in value of the leasehold or to the fee of
the Leased Premises are to belong to Landlord,nothing herein contained shall limit Tenant's right to claim and recover
from the condemning authority, but not from Landlord, such compensation as may be separately awarded or
recoverable by Tenant in Tenant's own right arising from any and all damage to Tenant's business by reason of such
condemnation and for or on account of any cost or loss incurred by Tenant in removing Tenant's merchandise,
furniture,fixtures,leasehold improvements and equipment.
ARTICLE VI
Section 6.01.Quiet Enjoyment.
Upon payment by Tenant of the rents herein provided, and upon the observance and performance of all
covenants, terms and conditions on Tenant's part to be observed and performed, Tenant shall peaceably and quietly
hold and enjoy the Leased Premises for the term hereby demised without hindrance or interruption by Landlord or any
other person or persons lawfully or equitably claiming by, through or under Landlord, subject, nevertheless, to the
terms and conditions of this Lease.
Section 6.02.Holding Over.
In the event Tenant remains in possession of the Leased Premises after the expiration of this Lease and
without the execution of a new lease or extension, it shall be deemed to be occupying said premises as a tenant from
month to month at a rental equal to the rental herein provided and otherwise subject to all the conditions, provisions
and obligations of this Lease insofar as the same are applicable to a month-to-month tenancy, subject to Landlords
right to increase rental as provided under the provisions of Texas law applicable to a month to month tenancy.
Section 6.03.Alterations,Etc.,by Tenant.
Tenant shall not make any structural alterations, additions, or improvements to the Leased Premises without
the prior written consent of Landlord, except the installation of unattached movable trade fixtures, which may be
made or installed without drilling, cutting or otherwise defacing the Leased Premises. All permanent alterations,
additions, improvements and fixtures(other than unattached, movable trade fixtures)which may be made or installed
by either party hereto upon the Leased Premises shall remain upon and be surrendered with the premises and become
the property of Landlord at the termination of this Lease. Tenant shall have the right to install, at its own expense, a
sign or signs at the Demised Premises, subject to local ordinances and to Landlord's approval as to size, design, and
general decor. Any sign shall be the property of Tenant and must be removed at the end of the tenancy and any non-
permanent alterations or improvements.
Section 6.04.Surrender of Premises.
At the expiration of the tenancy herein created, Tenant shall surrender the Leased Premises in the same or
better condition as the Leased Premises were in upon delivery of possession,ordinary wear and tear and damage from
the elements excepted. The foregoing sentence shall be inapplicable to a termination occurring by virtue or provision
of sections 5.02 or 5.03 hereof. If requested by Landlord, Tenant shall remove all its trade fixtures, and any non-
permanent alterations or improvements before surrendering the Leased Premises and shall repair any damage to the
Leased Premises caused thereby. Tenant's obligation to observe or perform this covenant shall survive the expiration
or other termination of this Lease.
ARTICLE VII
Section 7.01 Offset Statement.
Within ten days after request therefor by Landlord, or upon any sale, assignment or hypothecation of the
Leased Premises by Landlord, if an offset statement shall be required from Tenant, Tenant agrees to deliver in
recordable form a certificate to any proposed mortgagee or purchaser, or to Landlord, certifying(if such be the case)
that this Lease is in full force and effect and that there are no defenses or offsets thereto, or stating those claimed by
Tenant.
Section 7.02.Attornment.
Tenant shall, in the event any proceedings are brought for the foreclosure of, or in the event of exercise of the
power of sale under any mortgage made by Landlord covering the Leased Premises, attorn to the purchaser upon any
such foreclosure or sale and recognize such purchaser as Landlord under this Lease.
Section 7.03 Subordination.
It is agreed that the right and interest of Tenant under this Lease shall be subject and subordinate to any
mortgages or deeds of trust that may hereafter be placed upon the Leased Premises, and to any and all advances to be
made thereunder, and to the interest thereon, and all renewals, modifications, replacements and extensions thereof, if
the mortgage or trustee named in said mortgages or deeds of trust shall elect by written notice delivered to Tenant to
subject and subordinate the right and interest of Tenant under this Lease to the lien of its mortgage or deed of trust
and shall agree to recognize this Lease of Tenant in the event of foreclosure if Tenant is not in default; but any
mortgage or trustee may elect to give the rights and interest of Tenant under this Lease priority over the lien of its
mortgage or deed of trust. In the event of either such election, and upon notification by such mortgagee or trustee to
Tenant to that effect, the rights and interest of Tenant under this Lease shall be deemed to be subordinate to, or to
have priority over, as the case may be,the lien of said mortgage or deed of trust, whether this Lease is dated prior to
or subsequent to the date of said mortgage or deed of trust. Tenant shall execute and deliver whatever instruments
may be required for such purposes,and in the event Tenant fails so to do within ten(10)days after demand in writing,
Tenant does hereby make, constitute and irrevocably appoint Landlord as its attorney in fact and in its name, place
and stead so to do.
Section 7.04.Short Form Lease.
Landlord and Tenant each agree that at the request of either they will, following the commencement of the
term of this Lease, execute and deliver a recordable short-form lease containing the basic provisions of this Lease,
acknowledging that Tenant has accepted possession and this lease is operative, and reciting the exact commencement
date and termination date of this Lease.
ARTICLE VIII
Section 8.01.Waste or Nuisance.
Tenant shall not commit or suffer to be committed any waste upon the Leased Premises or any nuisance or
other act or thing which may disturb the quiet enjoyment of any other tenant of Landlord in the proximity of the
Leased Premises.
Section 8.02.Governmental Regulations.
Tenant shall, at Tenant's sole cost and expense, comply with all requirements and regulations of all county,
municipal, state, federal and other applicable governmental authorities, now in force or which may hereafter be in
force, pertaining to the said premises, and shall faithfully observe in the use of the premises all municipal and county
ordinances and state and federal statutes now in force or which may hereafter be in force.
ARTICLE IX
Section 9.01.Acts of Default.
Any of the following shall constitute an event of default by Tenant:
(a) Failure of Tenant to pay all rental and other charges due hereunder within 15 days after same shall
become due;or
(b) Failure by Tenant to perform any of the other terms, conditions, covenants or obligations of Tenant
under this Lease, if such failure shall continue for more than 30 days after written notice thereof shall have been give
by Landlord to Tenant; provided, however, that if each failure cannot reasonably be cured within thirty (30) days,
Tenant shall not be in default if Tenant commences to cure such failure within the thirty(30) day period and in good
faith continues to cure such failure;or
(c) Tenant becoming bankrupt or insolvent, or filing any debtor proceedings, or seeking any type of
debtor relief, or the filing against Tenant in any court pursuant to any statute either of the United States or of any other
state a petition in bankruptcy or insolvency or for an arrangement or for the appointment of a receiver or trustee for all
or a portion of Tenant's property, or Tenant making an assignment for the benefit of creditors, or petitioning for or
entering into an arrangement with respect to its creditors;or
(d) Abandonment of the Leased Premises by Tenant,or
(e) Any act or omission by Tenant,which creates or purports to create a lien upon the Leased Premises.
Nothing herein shall preclude Tenant's right to seek an equitable recovery for any default by Landlord of any
provision of this lease.
Section 9.02.Landlord's Remedies.
(a) Upon default by Tenant, Landlord shall have the right to re-enter and take possession of the Leased
Premises. Should Landlord elect to re-enter, as herein provided, or should it take possession pursuant to legal
proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to
time without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let the
premises, and re-let said premises or any part thereof for such term or terms (which may be for a term extending
beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in
its sole discretion may deem advisable; upon each such re-letting the rentals shall be applied, first, to the payment of
any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any costs and
expenses of such re-letting, including brokerage fees and attorney's fees and of costs of such alterations and repairs;
third,to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied
in payment of future rent as the same may become due and payable hereunder. If such rentals received from such re-
letting during any month are less than that to be paid during the month by Tenant hereunder, Tenant shall pay any
such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking
possession of said premises by Landlord shall be construed as an election on its part to terminate this Lease unless a
court of competent jurisdiction thereof should decree the termination.
(b) Notwithstanding any such re-letting without termination, landlord may at any time thereafter elect to
terminate this Lease for such previous breach. In addition to any other remedies it may have, it may recover from
Tenant all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises,
reasonable attorney's fees,and including the worth at the time of such termination of the excess, if any,of the amount
of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated term over the then
reasonable rental value of the Leased Premises for the remainder of the stated term, all of which amounts shall be
immediately due and payable from Tenant to Landlord.
Section 9.03.Additional Remedies.
In case suit shall be brought for recovery of possession of the Leased Premises,for the recovery of rent or any
other amount due under the provisions of this Lease, or because of the breach of any other covenant therein contained
on the part of Tenant to be kept or performed, and a breach shall be established, Tenant shall pay to Landlord all
expenses incurred therefor, including a reasonable attorney's fee. Any and all actions as may be brought under this
Lease shall be brought in Jefferson County,Texas.
ARTICLE X
Section 10.01.Waiver.
One or more waivers of any covenant, term or conditions of this Lease by either party shall not be construed
as a waiver of a subsequent breach of the same covenant,term or condition. The consent or approval by either party
to or of any act by the other party requiring such consent or approval shall not be deemed to waive or render consent
to or approval of any subsequent similar act. Waiver by Landlord of any covenant,term or condition of this Lease or
of other or similar covenants, terms or conditions in leases with other Tenants of the Leased Premises or failure of
Landlord to require or any other tenant of the Leased Premises to undertake or perform obligations hereunder or other
similar obligations shall not be deemed a waiver or failure as to any other person or party.
Section 10.02.Accord and Satisfaction.
No payment by Tenant or receipt by Landlord of a lesser amount than the rent herein stipulated shall be
deemed to be other than on account of the earliest stipulated rent, not shall any endorsement or statement on any
check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord
may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue
and other remedy provided in this Lease.
Section 10.03.Notice.
Any written notice under this Lease shall be by certified mail or courier,or delivered in person and;
(a) If intended for Landlord, addressed or delivered to Landlord at 2615 Calder suite 1050 Beaumont,
TX 77702 or at some other address in the U.S.A.as Landlord may designate by written notice;and
(b) If intended for Tenant, addressed or delivered to Tenant at the City of Beaumont, P. O. Box 3827,
Beaumont, Texas 77704, or at some other address in the U.S.A. as Tenant may designate by written
notice.
Section 10.04.Landlord's Successors-In-Interest.
This provision shall inure to the benefit of Landlord and its assigns and shall be binding upon Tenant and its
assigns; and the provisions of this agreement shall be binding upon Landlord only with respect to breaches occurring
during the period of ownership of the Leased Premises by Landlord and upon the successors-in-interest of Landlord
only during the period of ownership by such successors-in-interest of Landlord.
ARTICLE XI
Notwithstanding anything contained in this Lease to the contrary, in the event no funds or insufficient funds
are appropriated and budgeted or funds are otherwise unavailable by any means whatsoever in any fiscal period for
lease payments due under this Lease, Tenant will immediately notify Landlord in writing of such occurrence and this
Lease shall terminate on the last day of the fiscal period for which appropriations have been received or made without
penalty or expense to Tenant.
EXECUTED in multiple counterparts,each of which shall be deemed an original.
LANDLORD TENANT
Bar C Ranch Company,Inc. City of Beaumont/
Southeast Texas Auto Theft Task Force
By: By:
Michael S. Wakefield Kyle Hayes
Property Manager City Manager
c
RICH WITH OPPORTUNITY
r
City Council Agenda Item
T • E • X * A • S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, City Engineer
MEETING DATE: April 16, 2013
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of
a twenty foot(20') wide and a five foot(5') wide Hike and
Bike Trail Easement; a Parking and Access Easement and a
Temporary Construction Easement from Jefferson County
Drainage District No. 6 for the purposes of accessing and
constructing a hike and bike trail and parking area from
Dowlen Road to Major Drive.
BACKGROUND
Jefferson County Drainage District No. 6 has agreed to convey a twenty foot(20')wide Hike
and Bike Trail Easement described as being a 4.438 acre tract of land out of the H. Williams
Survey, Abstract 56, a five foot(5') Hike and Bike Trail Easement described as a 0.066 acre tract
of land out of the H. Williams Survey, Abstract 56; a Parking and Access Easement described as
being a 0.2752 acre tract out of the H. Williams Survey, Abstract 56 and a Temporary
Construction Easement described as being called 300.00 acres, 2.99 acres and 2.49 acres tract of
land out of the H. Williams Survey, Abstract 56 to the City of Beaumont.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, Jefferson County Drainage District No. 6 has agreed to convey one
twenty(20)foot wide hike and bike trail easement, said easement being a 4.438 acre tract
of land out of the H. Williams Survey, Abstract 56, as described in Exhibit "1" and shown
on Exhibit "2," attached hereto; one five (5) foot wide hike and bike trail easement, said
easement being a 0.066 acre tract of land out of the H. Williams Survey, Abstract 56, as
described in Exhibit "3" and shown on Exhibit "4," attached hereto; a parking and access
easement, said easement being a 0.2752 acre tract of land out of the H. Williams Survey,
Abstract 56, as described in Exhibit 1" and shown on Exhibit "2," attached hereto; and,
one temporary construction easement described as being 300.00 acres, 2.99 acres and
2.49 acres tract of land out of the H. Williams Survey,Abstract 56, as described in Exhibit
"5" and shown on Exhibit"6," attached hereto, to the City of Beaumont for the purpose of
accessing and constructing a hike and bike trail and parking area from Dowlen Road to
Major Drive; and,
WHEREAS, the City Council has considered the purpose of said conveyances and
is of the opinion that the acceptance of said conveyances 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 the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the easements conveyed by Jefferson County Drainage District No. 6, and
described in Exhibits "1," "3," and "5" and shown on Exhibits "2," "4," and "6," be and the
same are hereby, in all things, accepted for the stated purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of April,
2013.
- Mayor Becky Ames -
HIKE AND BIKE TRAIL PARKING AND ACCESS EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
THAT JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6, hereafter called
GRANTOR, and for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00),
in hand paid by the CITY OF BEAUMONT, the receipt of which is hereby acknowledged by
GRANTOR, and upon the further consideration of the benefits that will accrue to the lands
owned by the GRANTOR adjoining the land hereinafter described, and upon the further
considerations hereinafter stated, does hereby GRANT and CONVEY unto the CITY OF
BEAUMONT hereinafter called GRANTEE, whose mailing address is P.O. Box 3827,
Beaumont, Texas 77704, its successors and assigns, a perpetual right-of-way, privilege and
easement on, under and across those tracts or parcels of land (the Easement Tracts) situated in
Jefferson County, Texas, more particularly described as follows, to-wit:
BEING a 4.438-acre tract of land and a 0.2752-acre tract of land out of the
H. Williams Survey, Beaumont, Jefferson County, Texas, and also being out
of that certain tract of land conveyed to Jefferson County Drainage District
No. 6, and recorded in the Real Property Records, Film File 104-01-0353, and
being called 300.0 acres; said 4.438-acre tract and 0.2752-acre tract being
more particularly described on Exhibit A attached hereto and incorporated
herein by reference.
Giving and Granting to the said GRANTEE, its successors and assigns, the right and
authority to go upon the Easement Tracts hereinbefore described and use same as a public Hike
and Bike Trail access and parking area, to improve the Easement Tracts subject to GRANTOR's
drainage purposes, and giving said GRANTEE the right and privilege to improve, maintain and
operate the same as permitted by law and giving unto said GRANTEE the right and privilege to
trim, cut, and remove therefrom, all trees, underbrush, obstructions, or other surface vegetation
or structures or obstacles within the limits of said Easement Tracts.
This instrument was prepared from information furnished by the parties and no
examination has been made and no opinion has been given by the firm preparing this instrument
as to the title to or the description of the property involved.
TO HAVE AND TO HOLD the above described Easement Tracts and right-of-way unto
the said CITY OF BEAUMONT, its successors and assigns perpetually, so long as it shall be
used for the purpose of a public Hike and Bike Trail parking area and access and no longer.
Immediately upon cessation of its use for said purposes by GRANTEE, its successors or assigns,
then all rights granted herein shall terminate forthwith, and shall revert to GRANTOR, its/their
heirs, administrators, legal representatives, successors or assigns.
Page 1 of 2
EXHIBIT "1"
Hike and Bike Trail Parking and Access Easement
Jefferson County Drainage District No.6 and the City of Beaumont
(4.438-Acre Tract and a 0.2752-Acre Tract)
WITNESS the execution hereof on this oz_day of 52013.
GRANTOR:
BYjPrint r`
Name:nt, Board of Directors r
Jefferson County Drainage District No. 6
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
his i trumen was a wle ged before me on the,14zc day of
2013, b .5 President ofthe Board of Directors fo the Jefferson
Cou y rai age District No. 6.
Notary Public, State of Texas
*t`t9t PAULA C.ANDERSON
Notary Public,State of Texas
z My Commission Expires
Dso®rnbor or,701 s
GRANTEE:
BY:
Printed Name:
Title:
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on the day of
2013, by , the for the
City of Beaumont.
Notary Public, State of Texas
After Recording Return To:
Richard P.LeBlanc,Jr.,General Manager
Jefferson County Drainage District No.6
P.O. Box 20078,Beaumont,Texas 77720
DC/pa
Hike and Bike Trail Parking and Access Easement
Jefferson County Drainage District No.6 and the City of Beaumont
Page 2 of 2
4.438 ACRES OF LAND
FOR PUBLIC USED HIKE &i BIKE TRAIL
OUT THE
H.WILLIAMS SURVEY,ABSTRACT NO.56
CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS
BEING 4.438 acres of land for public used Hike & Bike Trail out of and a part of the H.
Williams Survey, Abstract No. 56, City of Beaumont, Jefferson County, Texas; also
being within a (Called 300.0) acre tract of land known as Tract 1 conveyed to Jefferson
County Drainage District No. 6, recorded in Film Code 104-01-0353, Official Public
Records, Jefferson County, Texas; the centerline of said 4.438 acre tract being more fully
described by bearings and distances as follows, to wit:
COMMENCING at 5/8" steel rod found on the intersection of the South right of way
line of a dedicated road named Folsom Drive and the East right of way line of a dedicated
road named Major Drive; said 5/8" steel rod being the Northwest corner of the (Called
300.0) acre tract; having a State Plane Coordinate of N: 13984188.36 E: 3488936.03;
THENCE, North 87 deg., 01 min., 19 sec., East, on the South right of way line of said
Folsom Drive, same being the North line of the (Called 300.0) acre tract, a distance of
575.83' to the POINT OF BEGINNING of the herein described centerline; having a
State Plane Coordinate of N: 13984218.28, E: 3489511.08;
THENCE, on the arc of a curve to the left having a radius of 50.00', an arc length of
28.32', a chord bearing of South 78 deg., 45 min., 06 sec., East, a chord distance of
27.94' to a point;
THENCE, North 87 deg., 11 min., 28 sec., East, a distance of 390.86' to a point;
THENCE, on the are of a curve to the right having a radius of 140.00', an arc length of
80.74', a chord bearing of South 76 deg., 17 min., 17 sec., East, a chord distance of
79.62' to a point;
THENCE, South 59 deg., 46 min., 03 sec., East, a distance of 107.72' to a point;
THENCE, on the arc of a curve to the left having a radius of 200.00', an arc length of
41.35', a chord bearing of South 65 deg., 41 min., 24 sec., East, a chord distance of
41.27' to a point;
THENCE, South 71 deg., 36 min., 45 sec., East, a distance of 60.50' to a point;
THENCE, on the arc of a curve to the left having a radius of 200.00', an arc length of
24.32', a chord bearing of South 75 deg., 05 min., 44 sec., East, a chord distance of
24.30' to a point;
THENCE, South 78 deg., 34 min., 44 sec., East, a distance of 435.75' to a point;
THENCE, on the arc of a curve to the right having a radius of 350.00', an arc length of
118.51', a chord bearing of South 68 deg., 52 min., 42 sec., East, a chord distance of
117.95' to a point; Exhibit "A"
Page 1 of 9
Hike and Bike Trail
Parkine and Access Easement
THENCE, South 59 deg., 10 min., 40 sec., East, a distance of 216.38' to a point;
THENCE, on the arc of a.curve. to the left having a radius of 90.00', an arc length.of
96.86', a chord bearing of North 89 deg., 59 min., 30 sec.; East, a chord distance of
92.25' to a point;
THENCE,North 59 deg., 09 min., 39 sec., East, a distance of 121.49' to a point; .
THENCE, on the arc of a curve to the right having a radius of 50.00', an arc length of
16.93', a chord bearing of North 68 deg., 51 min., 42 sec., East, a chord distance of
16.85' to a point;
THENCE, on the arc of a curve to the left having a radius of 50.00', an arc length of
18.59', a chord bearing of North 67 deg., 54 min., 40 sec., East, a chord distance of
18.48' to a point;
THENCE, North 57 deg., 15 min., 35 sec., East, a distance of 17.17' to a point;
THENCE, on the arc of a curve to the left having a radius of 50.00', an are length of
14.44', a chord bearing of North 48 deg., 59 min., 11 sec., East, a chord distance of
14.39' to a point;
THENCE, on the arc of a curve to the right having a radius of 50.00', an arc length of
14.78', a chord bearing of North 49 deg., 10 min., 56 sec., East, a chord distance of
14.73' to a point;
THENCE, North 57 deg., 39 min., 04 sec., East, a distance of 46.91' to a point;
THENCE, on the arc of a curve to the right having a radius of 90.00', an arc length of
51.39', a chord bearing of North 74 deg., 00 min., 36 sec., East, a chord distance of
50.70' to a point;
THENCE, South 89 deg., 37 min., 53 sec., East, a distance of 519.28' to a point;
THENCE, on the arc of a curve to the right having a radius of 70.00', an arc length of
115.36', a chord bearing of South 42 deg., 25 min., 06 sec., East, a chord distance of
102.74' to a point;
THENCE, South 04 deg., 47 min., 41 sec., West, a distance of 125.77' to a point;
THENCE, South 08 deg., 41 min., 07 sec., West, a distance of 411.70' to a point;
THENCE, on the are of a curve to the left having a radius of 60.00', an arc length of
76.31', a chord bearing of South 27 deg., 44 min., 59 sec., East, a chord distance of
71.27' to a point;
THENCE, South 64 deg., 11 min., 05 sec., East, a distance of 7.57' to a point;
THENCE, on the arc of a curve to the left having a radius of 50.00', an arc length of
14.63', a chord bearing of South 72 deg., 34 min., 01 sec., East, a chord distance of
14.58' to a point;
Exhibit "A"
Page 2 of 9
Hike and Bike Trail
THENCE, on the arc of a curve to the right having a radius of 50.00', an arc length of
28.57', a chord. bearing of South 64 deg., 34 min., 54 sec., East,.a chord distance of
28.18' to a point; .
THENCE, on the arc of a curve to the right having a radius of 129.50', an arc length of
58.00', a chord bearing of South 35 deg., 22 min., 58 sec., East, a chord distance of
57.52' to a point;
THENCE, South 21 deg., 41 min., 58 sec., East,a distance of 91.04' to a point;
THENCE, on the arc of a curve to the left having a radius of 385.00', an arc length of
293.13', a chord bearing of South 43 deg., 30 min., 40 sec., East, a chord distance of
286.10' to a point;
THENCE, South 65 deg., 19 min., 22 sec., East, a distance of 290.62' to a point;
THENCE, on the arc of a curve to the left having a radius of 25.00', an arc length of
45.64', a chord bearing of North 62 deg., 22 min., 40 sec., East, a chord distance of
39.56' to a point;
THENCE,North 10 deg., 04 min., 41 sec., East, a distance of 203.42' to a point;
THENCE, on the arc of a curve to the right having a radius of 132.00', an arc length of
175.52', a chord bearing of North 48 deg., 10 min., 14 sec., East, a chord distance of
162.87' to a point;
THENCE, North 86 deg., 15 min., 47 sec., East, a distance of 198.33' to a point;
THENCE, North 87 deg., 54 min., 39 sec., East, a distance of 139.68' to a point;
THENCE, on the arc of a curve to the right having a radius of 50.00', an arc length of
12.56', a chord bearing of South 84 deg., 53 min., 36 sec., East, a chord distance of
12.53' to a point;
THENCE, on the arc of a curve to the left having a radius of 50.00', an are length of
13.37', a chord bearing of South 85 deg., 21 min., 39 sec., East, a chord distance of
13.33' to a point;
THENCE, North 86 deg., 58 min., 33 sec., East, a distance of 21.17' to a point;
THENCE, on the arc of a curve to the left having a radius of 50.00', an arc length of
11.94', a chord bearing of North 80 deg., 08 min., 06 sec., East, a chord distance of
11.91' to a point;
THENCE, on the arc of a curve to the right having a radius of 50.00', an arc length of
11.89', a chord bearing of North 80 deg., 06 min., 17 sec., East, a chord distance of
11.86' to a point;
THENCE, North 86 deg., 54 min., 54 sec., East, a distance of 373.09' to a point;
Exhibit "A"
Page 3 of 9
Hike and Bike Trail
Parking and Access Easement
THENCE, on the arc of a curve to.the left having a radius of 43.00', an are length of
67.34', a chord bearing of North 42 deg., 03 min., 08 sec., East; a chord distance of
60.67'to a point;
THENCE,North 02 deg.,48 min., 38 sec., West, a distance of 386.05' to a point;
THENCE, on the arc of a curve to. the left having a radius of 30.00', an arc length of
46.50', 'a chord bearing of North 47 deg., 13 min., 01 sec., West, a chord distance of
41.98' to a point;
THENCE, South 88 deg., 22 min., 36 sec., West, a distance of 28.16' to a point;
THENCE, on the arc of a curve to the right having a radius of 50.00', an are length of
23.91', a chord bearing of North 77 deg., 55 min., 32 sec., West, a chord distance of
23.68' to a point;
THENCE, on the arc of a curve to the left having a radius of 25.00', an arc length of
12.73', a chord bearing of North 78 deg., 49 min., 04 sec., West, a chord distance of
12.60' to a point;
THENCE, South 86 deg., 35 min., 31 West, a distance of 14.68' to a point;
THENCE, on the arc of a curve to the left having a radius of 25.00', an arc length of
12.11', a chord bearing of South 72 deg., 42 min., 55 sec., West, a chord distance of
11.99' to a point;
THENCE, on the arc of a curve to the right having a radius of 50.00', an arc length of
23.93', a chord bearing of South 72 deg., 32 min., 49 sec., West, a chord distance of
23.70' to a point;
THENCE, South 86 deg., 15 min., 20 sec., West, a distance of 128.15' to a point;
THENCE, on the arc of a curve to the right having a radius of 90.00', an are length of
144.19', a chord bearing of North 47 deg., 50 min., 55 sec., West, a chord distance of
129.25' to a point;
THENCE,North 01 deg., 57 min., 11 sec., West, a distance of 407.59' to a point;
THENCE, on the arc of a curve to the right having a radius of 150.00', an arc length of
63.80', a chord bearing of North 10 deg., 13 min., 53 sec., East, a chord distance of
63.32' to a point;
THENCE,North 22 deg., 24 min., 57 sec., East, a distance of 99.35' to a point;
THENCE, on the arc of a curve to the right having a radius of 90.00', an arc length of
101.08', a chord bearing of North 54 deg., 35 min., 22 sec., East, a chord distance of
95.85' to a point;
THENCE, North 86 deg., 45 min., 47 sec., East, a distance of 42.61' to a point;
Exhibit "A"
Page 4 of 9
Hike and Bike Trail
Parking and Access Easement
I
THENCE, on the arc of a.curve to the right having a radius of 50.00', an arc length of
14.80', a chord bearing of South 84 deg:, 45 min., 27 sec., East, a chord. distance of
.14.75'.to a point;
THENCE, on the arc of a curve to the left having a radius of 50.00', an arc length of
14.80', a chord bearing of South 84 deg., 45 min., 27 sec., East, a chord distance of
14.75' to a point;
THENCE, North 86 deg., 45 min., 47 sec., East, a distance of 14.89' to a point;
THENCE, on the arc of a curve to the left having a radius of 50.00', an arc length of
14.69', a chord bearing of North 78 deg., 20 min., 55 sec., East, a chord distance of
14.63' to a point;
THENCE, on the arc of a curve to the right having a radius of 50.00', an arc length of
15.74', a chord bearing of North 78 deg., 57 min., 02 sec., East, a chord distance of
15.67' to a point;
THENCE, North 87 deg., 58 min., 03 sec., East, a distance of 124.44' to a point;
THENCE, on the arc of a curve to the right having a radius of 26.00', an arc length of
62.97', a chord bearing of South 22 deg., 38 min., 50 sec., East, a chord distance of
48.67' to a point;
THENCE, South 46 deg., 44 min., 16 sec., West, a distance of 282.44' to a point;
THENCE, on the arc of a curve to the left having a radius of 100.00', an arc length of
111.64', a chord bearing of South 14 deg., 45 min., 15 sec., West, a chord distance of
105.95' to a point;
THENCE, on the arc of a curve to the right having a radius of 50.00', an are of length of
5.33', a chord bearing of South 14 deg., 10 min., 25 sec., East, a chord distance of 5.33'
to a point;
THENCE, on the arc of a curve to the left having a radius of 35.00', an arc length of
58.21', a chord bearing of South 58 deg., 45 min., 45 sec., East, a chord distance of
51.73' to a point;
THENCE, on the arc of a curve to the right having a radius of 50.00', an arc length of
11.71', a chord bearing of North 80 deg., 18 min., 08 sec., East, a chord distance of
11.68' to a point;
THENCE, North 87 deg., 00 min., 42 sec., East, a distance of 585.55' to a point;
THENCE, on the arc of a curve to the left having a radius of 90.00', an arc length of
54.90', a chord bearing of North 69 deg., 32 min., 16 sec., East, a chord distance of
54.05' to a point;
THENCE, North 52 deg., 03 min., 50 sec., East, a distance of 255.89' to a point;
Exhibit L°A"
Page 5 of 9
Hike and Bike Trail
Parking and Access Easement
THENCE, on the arc of a curve to the right having a radius of 80.00', an arc length of
125.10', a chord bearing of South 83 deg., 08 inin., 10 sec., East, a chord distance of
112.74' to a point;
THENCE, South 38 deg., 20 min., 11 sec., East, a distance of 205.89' to a point;
THENCE, on the arc of a curve to the right having a radius of 145.00.', an arc length of
99.47', a chord bearing of South 18 deg., 41 min., 00 sec., East, a chord distance of
97.53' to a point;
THENCE, South 00 deg., 58 min., 11 sec., West, a distance of 96.14' to a point;
THENCE, on the arc of a curve to the left having a radius of 90.00', an arc length of
79.02', a chord bearing of South 24 deg., 11 min., 03 sec., East, a chord distance of
76.51' to a point;
THENCE, South 49 deg., 20 min., 17 East, a distance of 62.48' to a point;
THENCE, on the are of a curve to the right having a radius of 10.00', an arc length of
15.10', a chord bearing of South 06 deg., 04 min., 38 sec., East, a chord distance of
13.71' to a point;
THENCE, South 37 deg., 11 min., 02 sec., West, a distance of 60.70' to a point;
THENCE, on the arc of a curve to the left having a radius of 10.00', an arc length of
15.28', a chord bearing of South 06 deg., 35 min., 24 sec., East, a chord distance of
13.84' to a point;
THENCE, South 50 deg., 21 min., 49 sec., East, a distance of 53.06' to a point;
THENCE, on the arc of a curve to the right having a radius of 45.00', an arc length of
69.39', a chord bearing of South 06 deg., 11 min., 15 sec., East, a chord distance of
62.72' to a point;
THENCE, South 37 deg., 59 min., 17 sec., West, a distance of 63.21' to a point;
THENCE, South 35 deg., 12 min., 43 sec., West, a distance of 18.47' to a point;
THENCE, South 32 deg., 26 min., 25 sec., West, a distance of 52.10' to a point;
THENCE, on the arc of a curve to the left having a radius of 34.00', an arc length of
88.87', a chord bearing of South 42 deg., 26 min., 19 sec., East, a chord distance of
65.65' to a point;
THENCE, North 62 deg., 40 min., 55 sec., East, a distance of 104.67' to a point;
THENCE, on the arc of a curve to the right having a radius of 25.00', an arc length of
39.33', a chord bearing of South 72 deg., 15 min., 09 sec., East, a chord distance of
35.40' to a point;
THENCE, South 27 deg., 11 min., 12 sec., East, a distance of 17.17' to a point;
Exhibit "A"
Page 6 of 9
Hike and Bike Trail .
.._a .----- T ----
THENCE, on the arc of a curve to the left having a radius of 25.00', an arc length of
18.98.', a chord bearing of South 48 deg., 56 min., 03 sec., East, a chord distance of
18.53' to the POINT OF TERMINATION on the North right of way line of a dedicated
road named Metropolitan Drive as shown on Metropolitan Park Phase I plat, recorded in
File No. 2008019449, Official Public Records, Jefferson County, Texas; having a State
Plane Coordinate of N: 13983436.20, E: 3494557.30;
PARKING AND ACCESS
0.2752 ACRE OF LAND
OUT OF THE
H.WILLIAMS SURVEY,ABSTRACT NO.56
CITY OF BEAUMONT,
JEFFERSON COUNTY,TEXAS
BEING 0.2752 acre of land out of and a part of the H. Williams Survey, Abstract No. 56,
City of Beaumont, Jefferson County, Texas; being part of a (Called 300.0) acre tract of
land known as Tract 1 conveyed to Jefferson County Drainage District No. 6,recorded in
Film Code 104-01-0353, Official Public Records, Jefferson County, Texas; said 0.2752
acre tract being more fully described by metes and bounds as follows,to wit:
COMMENCING at a 5/8" steel rod found on the intersection of the South right of way
line of a dedicated road named Folsom Drive and the East right of way line of a dedicated
road named Major Drive; said 5/8" steel rod being the Northwest corner of the (Called
300.0) acre tract having a State Plane Coordinate of N: 13984188.36 E: 3488936.03; .
THENCE, North 87 deg., 01 min., 19 sec., East, on the South right of way line of said
Folsom Drive, same being the North line of the (Called 300.00) acre tract, a distance of
1121.44' passing a %z" steel rod found at 0.35' left of line; continuing a distance of
1171.52' passing a %2" steel rod found at 0.36' left of line; continuing for a total distance
of 1323.80' to a point for corner being the POINT OF BEGINNING and most
Northerly Northwest corner of the herein described tract; having a State Plane Coordinate
of N: 13984257.14 E: 3490258.05;
THENCE,North 87 deg., 01 min., 19 sec., East, a distance of 24.00' to a point for corner
being the most Northerly Northeast corner of the herein described tract;
THENCE, South 02 deg., 55 min., 28 sec., East, a distance of 46.19' to a point for
corner;
THENCE, North 87 deg., 04 min., 32 sec., East, a distance of 54.00' to a point for
corner;
THENCE, South 02 deg., 55 min., 28 sec., East, a distance of 70.00' to a point for corner
being the Southeast corner of the herein described tract; having a State Plane Coordinate
of N: 13984145.10, E: 3490341.87;
THENCE, South 87 deg., 04 min., 32 sec., West, a distance of 132.00' to a point for
corner; Exhibit "A"
Page 7 of 9
Hike and Bike Trail
P.�rlrinrt onrl Arracc Focmm�nt
THENCE,.North 02 deg., 55 min., 28 sec., West, a distance of 50.00' to a point for .
corner;
THENCE, South 87 deg., 04 min., 32 sec., West, a distance of 14.27' to a point for
corner;
THENCE, on the arc of a curve to the left having a radius of 15.00', an arc. length of
10.04', a chord bearing of South 67 deg., 53 min., 51 sec., West, a chord distance of 9.87'
to a point for corner;
THENCE, South 48 deg., 43 min., 11 sec., West, a distance of 8.05' to a point for
corner;
THENCE, on the arc of a curve to the left having a radius of 19.99', an arc length of
10.60', a chord bearing of South 33 deg., 32 min., 26 sec., West, a chord distance of
10.47' to a point for corner;
THENCE, South 18 deg., 23 min., 15 sec., West, a distance of 27.67' to a point for
corner;
THENCE, North 71 deg., 36 min., 45 sec., West, a distance of 20.00' to a point for
corner being the most Westerly Southwest corner of the herein described tract;
THENCE, North 18 deg., 23 min., 15 sec., East, a distance of 27.66' to a point for
corner;
THENCE, on the arc of a curve to the right having a radius of 39.99', an arc length of
21.20', a chord bearing of North 33 deg., 32 min., 17 sec., East, a chord distance of
20.95' to a point for corner;
THENCE, North 48 deg., 43 min., 11 sec., East, a distance of 8.05' to a point for corner;
THENCE, on the arc of a curve to the right having a radius of 35.00', an arc length of
23.43', a chord bearing of North 67 deg., 53 min., 51 sec., East, a chord distance of
23.00' to a point for corner;
THENCE, North 87 deg., 04 min., 32 sec., East, a distance of 68.27' to a point for
corner;
THENCE, North 02 deg., 55 min., 28 sec., West, a distance of 46.17' to the POINT OF
BEGINNING and containing 0.2752 acre of land, more or less.
Note: Bearings, distances, acreage and coordinates shown are based on State Plane
Coordinate Grid System, Texas South Central Zone, NAD 83, Combined Scale Factor =
0.999958643, Convergence Angle= 2 deg., 21 min., 31 sec.
This description is based on the Land Survey made by Anthony M. Leger, Registered
Professional Land Surveyor No. 5481, on May 2, 2012.
City of Beaumont Exhibit "A"
LS-12-0203
Page 8 of 9
Hike and Bike Trail
Parking and Access Easement
/ I
I
i
AC AM Ma 2
( rar cosE wao+-ws�arAAC \
I \
I \
i \\
I \
I I \
I POINT OF BEGINNING PARKING AND ACCESS 1 \ on2ona- v_
I N:13984218.28 0.2752 ACRES \\ er: urr
I
E.3489511.08
L------- ---------- ----------------------J-------------------------------—---------_�
r--- r ----------- F--
OWE
-- T- T---T-- -li
�• 314i�3L_-€Zq acaa MO.a ; �4 + �• \ ` I c�vamomp r I Sa
II L--------- r \ _ g
I '"S,`b•�.,�' «„U4TO, 111 N VW4r E \ a I cwr Efn m
FLU OWE IN,W-Un aPA1C lE6la� �� \ „_'. 1 opit
\ Ak HIKE & BIKE TRAIL
\\�\ � CENTERLINE
NL Na 2MM4M.OJAAa
m 1 \\\ N estsa E : / POINT OF n A il
I 3 I TERMINATION
+"+ u+ iwaaaea+r.W-
0 M
Wu+MS[�IERM KVMWMDff / \k \ \' yy''� I i 1 icnmairm PAN PIMA I Z
I t ritwa2aom�»AO°a 1 / / \\ �� ------------^\ I I I - r.12002aMNOrAAa- I Rf
( aPAAC / / \ = 1 aAM+ \ I I r-
i 2asea7=1=c \\ i I I i MA AC
NO 2 VAM GM� q r.2 rnwt arwAe I �.
I
s--�---�J i
-----
IRA"I(C.W2Di02 EE / / \�-------- ----- I do
CIPAAQ
I__--_- ___L / HIKE AND BIKE TRAIL EASEMENT I I
-1 ----------------- I
I I BEING 20' WIDE AND CONTAINING 4.438 ACRES I I c
I I OF LAND ON JEFFERSON COUNTY DRAINAGE
I I DISTRICT #6 PROPERTY
I I I 4
I I I
I I 1 CITY OF BEAUMONT
HIKE AND BIKE TRAIL
r------- I I PHASE II
v ; .<<G..OF .lF -------------, rl DOWLEN TO MAJOR
�; I ��•�v�S TF��.i i i � �
x I y:� o .N
X
k
ANTHONY L LEGER
C � � 3737 Doctors Drive
5481 Pr• Fort Arthur,Texas 77642
'�j'•
Z35 T01409.983.2004
CD
uRV SURVEYORS&ENG Faa 409.983.2005
�� MRL FIRM#5755 souteasurveyoramm, -
H y T.XLS.FIRM/+0123500 ®INi115 -
ro G c
O
HIKE AND BIKE TRAIL EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
THAT JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6, hereafter called
GRANTOR, and for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00),
in hand paid by the CITY OF BEAUMONT, the receipt of which is hereby acknowledged by
GRANTOR, and upon the further consideration of the benefits that will accrue to the lands
owned by the GRANTOR adjoining the land hereinafter described, and upon the further
considerations hereinafter stated, does hereby GRANT and CONVEY unto the CITY OF
BEAUMONT hereinafter called GRANTEE, whose mailing address is P.O. Box 3827,
Beaumont, Texas 77704, its successors and assigns, a perpetual right-of-way, privilege and
easement on, under and across those tracts or parcels of land (the Easement Tracts) situated in
Jefferson County, Texas, more particularly described as follows, to-wit:
BEING a 0.066-acre tract of land out of the H. Williams League, Abstract 56,
Beaumont,Jefferson County Texas, and also being out of that certain tract of
land conveyed to Jefferson County Drainage District No. 6, and recorded in
the Real Property Records, Film File 104-01-0353, and being called 2.99
acres, said 0.066-acre tract being more particularly described on Exhibit A
attached hereto and incorporated herein by reference.
Giving and Granting to the said GRANTEE, its successors and assigns, the right and
authority to go upon the Easement Tracts hereiribefore described and use same as a public Hike
and Bike Trail access and parking area, to improve the Easement Tracts subject to GRANTOR's
drainage purposes, and giving said GRANTEE the right and privilege to improve, maintain and
operate the same as permitted by law and giving unto said GRANTEE the right and privilege to
trim, cut, and remove therefrom, all trees, underbrush, obstructions, or other surface vegetation
or structures or obstacles within the limits of said Easement Tracts.
This instrument was prepared from information furnished by the parties and no
examination has been made and no opinion has been given by the firm preparing this instrument
as to the title to or the description of the property involved.
TO HAVE AND TO HOLD the above described Easement Tracts and right-of-way unto
the said CITY OF BEAUMONT, its successors and assigns perpetually, so long as it shall be
used for the purpose of a public Hike and Bike Trail parking area and access and no longer.
Immediately upon cessation of its use for said purposes by GRANTEE, its successors or assigns,
then all rights granted herein shall terminate forthwith, and shall revert to GRANTOR, its/their
heirs, administrators, legal representatives, successors or assigns.
Pagel of 2
EXHIBIT "3"
Hike and Bike Trail Easement
Jefferson County Drainage District No.6 and City of Beaumont
(0.066-Acre Tract
WITNESS the execution hereof on this day of , 2013.
GRANTOR:
BY: A
Jo ua Allen, S .
P eside ,Board of Directors
Je on County Drainage District No. 6
THE STATE OF T E X A S §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on the day of(.1:4•4j
2013, by Joshua W. Allen, President of the Bo _--a o Directors for the Jeffer on County
Drainage District No. 6. /1
......+....-,.. 1 Lam_
r�'�.,, PAULA C.ANDERSON _
Notary Public,state of Texas Notary Public, State of Texas
My Commission Expires
December 07, 2013
GRANTEE:
BY:
Printed Name:
Title:
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on the day of
2013, by , the for the
City of Beaumont.
Notary Public, State of Texas
After Recording Return To:
Richard P.LeBlanc,Jr.,Genera!Manager
Jefferson County Drainage District No.6
P.O.Box 20078,Beaumont,Texas 77720
DC/pa
Hike and Bike Trail Parking and Access Easement
Jefferson County Drainage District No.6 and the City of Beaumont
Page 2 of 2
Jefferson County
Drainage District Xb. 6
T.O. BoiC20078
6550 Wafden 1R. • Beaumont, Texas 77720-0078
Tereplaone(409)842-1818
Fa.Z(409)842-2729
Board of Directors Estaffishedin 1920 Richard P.LeBlanc,Jr.
General Manager
Sam 0. Smith Jim Broussard
Joshua W.Allen,Sr. Asst.General Manager
James D.McNicholas operations
William F.Miranda Betty S.Holman
Charles"Chuck"Guillory April 4, 2013 Ass Genera1 Administration ger
HIKE AND BIKE TRAIL EASEMENT
Jefferson County Drainage District No. 6
to the
City of Beaumont)
BEING a 0.066-acre tract of land out of the H. Williams League, Abstract 56,
Beaumont, Jefferson County, Texas, and also being out of that certain tract of land
conveyed to Jefferson County Drainage District No. 6 and recorded in the Real
Property Records', File 104-01-0353 and being called 2.99 acres, said 0.066-acre tract
being more particularly described by metes and bounds as follows:
BEGINNING at an iron rod found for the northwest corner of the tract herein
described and the said 2.99-acre tract, at the intersection of the east right-of-way line
of Major Drive and the south right-of-way line of Folsom Road;
THENCE north 89°5545" east, along the north line of the tract herein described and
the said 2.99-acre tract and the south line of Folsom Road, 575.83 feet to the
northeast corner of the tract herein described;
THENCE south 00°04'15" east, along the east line of the tract herein described,
5.00 feet to the southeast corner of the tract herein described;
THENCE south 89°55'45" west, along the south line of the tract herein described,
575.66 feet to the southwest corner of the tract herein described, in the west line of
the 2.99-acre tract and the east line of Major Drive;
' All records mentioned are the Jefferson County Clerk's records.
. S �
% T
* All set iron rods are 1/2" with aluminum cap stamped "DD#6" 5 �0� , 9FO s
** Bearings are based on the South right-of-way line of -
DOUG SANDERS CANANJ,JR
Folsom Road, being assumed North 89°5545" east. •.•�•o.•••'S2S1••••�
*** A survey plat accompanies this field note description. .%.Op o?�
19�a SURE'triQ
��,
Drainage,Storm Water 94anagement, Flood Control, Reclamation and Conservation.
Legal Description - 0.066-Acre Tract
Hike and Bike Trail, Phase II Easement
JCDD6/City of Beaumont
Page 2
THENCE north 02°03'32" west, along the west line of the tract herein described and
the said 2.99-acre tract, and the east line of Major Drive, 5.00 feet to the PLACE OF
BEGINNING containing 0.066 acres of land more or less.
OF.'rp
G�srE9�4�,
Doug Canant, ., P.E., R.P.L.S., C.F.M. Date �Q`` •7L� o`;
..j........................s.....
DOUG SANDERS CANANT,JR
..........................:95291 ..,..
�FE S S
`q��•SUR�ti��Q
Found w.8. ovc oct �7 &fine
Bike Trail Easement
Iron Rod N 89°55'45"E — 575.83' Ab
P.O.B. (Assumed Basis of Bearings) Found
Iron Rod
N 89'55'45"E - 1193.07' Folsom Drive
Y_
N 02°03'32"W 617.24' Jefferson County — '"NE
S 00°04'15"E Drainage District No. 6
N 5.00 S 89°55'45"W [Survey Of A 5.00' R.P.R.J.C. Film File 104-01-0353
C) 575.66' 0.066 Acre Tract Called 2.99 Acres
Called Tract 2-8
0
o' eo9�e
°
Found
Iron Rod H w;��;oR cti 56
<' Abstro
5���o`orFRFxgs
fQ� � FOti
DOUG SANDERS CANANT,JR
.,.»............».........r.».
t5291
9 p!
!
�Op ot.I q SURV 0 50 0
�
M E�OQ I
X A L I
__
I HEREBY CERTIFY THAT I HAVE AN
ACTUALEANDH CCURATERSURV Y OF
T D, WITH NO PROVEMENTS
owN Jefferson County
''t 3 Drainage District No. 6
��TERIL612 E SSIONAL LANG SUR YO Ditch 123
Jefferson County Drainage District No. 6
6550 Walden Road Survey Of A
Beaumont,84 Texas 8 77707 0.066 Acre Tract
Out Of The
Jefferson County
A FIELD NOTE DESCRIPTION Drainage District No. 6
PRSPARSD BY ACCOMPANIES THIS PLAT. Tract Of Land In The
JEFFERSON COUNTY
DRAINAGE DISTRICT NO. 6 H. Williams League, Abst. 56
ENGINEERING DEPARTMENT Beaumont, Jefferson County, Texas
TEMPORARY CONSTRUCTION EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
That, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration cash in hand paid to Jefferson County
Drainage District No. 6, a Texas Public Services Entity, whose mailing address
is P.O. Box 20078, Beaumont, Texas 77702-0078, (hereinafter referred to as
"Grantor", whether one or more) the receipt and adequacy, which is hereby
acknowledged, the said Grantor does hereby GRANT, BARGAIN, SELL and
CONVEY unto the City of Beaumont, whose address is P.O. Box 3827,
Beaumont, Texas 77704, (herein referred to as the "Grantee"), a Temporary
Construction Easement (hereinafter referred to as "Easement") over and across
those three tracts of land conveyed to Jefferson County Drainage District No. 6
and recorded in the Real Property records, Film File 104-01-0353, and being
called 300.00 acres, 2.99 acres, and 2.49 acres for the purposes of accessing
and constructing a hike and bike trail and parking area, and being illustrated on
the attached location exhibit (Exhibit "A") attached hereto and incorporated
herein by reference.
The duration of this Easement shall run concurrently with the dates set
forth for the Construction Project-City of Beaumont Hike and Bike Trail, Phase II
(Dowlen Road to Major Drive), and shall terminate upon completion of the
accepted trail.
The above-referenced Easement is subject to covenants hereby made by
Grantee and the conditions that Grantee will, as soon as reasonably possible:
EXHIBIT "5"
1. Fully restore and level the surface of said land to, as nearly as can
reasonably be done, the same condition as same was prior to any such
operations so that there will not be any permanent mounds, ridges, sinks, or
trenches left by any of Grantee's operations;
2. Fully restore to at least as good condition as same were prior to any
of Grantee's operations, all private roads, drainage or irrigation ditches, canals,
and other improvements of Grantor, if any, disturbed or damaged by any of
Grantee's operations hereunder;
3. Where Grantee has procured the permission of Grantors, or of
others, to use any private roads located on the described lands or on lands
adjacent to the Easement, and which roads serve and/or are useful to the lands
of Grantors adjacent to the Easement and which permission is to use same for
transportation of any kinds, Grantee will promptly, upon the completion of any
such use, fully restore all such roads to at least their same condition as same
were in prior to such use and operations;
4. Fully and in all things promptly restore and replace any and all
damage done to any fences or other animal containing installations of Grantor in
exercising any of the rights granted hereby;
5. Properly backfill excavated ditches to a substantially level condition
and clean up in a good workmanlike manner;
6. Give Grantor and its tenant(s) at least fifteen (15) days notice before
it begins any construction or maintenance activities (except in emergencies).
7. Seed and fertilize all disturbed areas according to the requirements
described in the Hike and Bike Trail plans and specifications.
8. The District will be shown as an additional name insured on the
contractor's insurance policy during construction of the trail, with full
indemnification provided to the District by the contractor.
Temporary Construction Easement Agreement
Jefferson County Drainage District No.6&City of Beaumont
Hike&Bike Trail Phase 11
Page 2 of 4
Grantor has not inspected the condition of the property. Grantee,
HOWEVER, IS ON NOTICE THAT THERE MAY BE ELECTRICAL UTILITY LINES
AND FACILITIES, AS WELL AS SEVERAL OIL AND GAS PIPELINES BELOW THE
GROUND. Therefore, this Easement is conditioned upon Grantee, through its
duly authorized representative, agreeing to enter the property on an "AS IS"
basis and at the sole risk of Grantee, with respect to the condition of the
premises. BY ITS ACCEPTANCE HEREOF, GRANTEE AGREES THAT IT IS
RECEIVING THE PREMISES "AS IS" AND IN ITS PRESENT CONDITION WITH
ALL DEFECTS, IF ANY, AND THAT GRANTEE SHALL HAVE THE SOLE
RESPONSIBILITY FOR DETERMINING THE LOCATION OF EXISTING PIPELINES
AND ELECTRICAL UTILITY LINES AND FACILITIES.
GRANTEE AGREES, BY ITS ACCEPTANCE HEREOF, THAT IT IS
RECEIVING THE PREMISES ON AN "AS IS" BASIS AND THAT GRANTOR HAS
NOT MADE ANY REPRESENTATIONS TO IT PERTAINING TO THE
ENVIRONMENTAL STATUS OF THE PROPERTY, I.E., AS TO THE PRESENCE OR
ABSENCE OF HAZARDOUS MATERIALS OR WASTE ABOUT THE PERMISES OR
THE COMPLIANCE OR NONCOMPLIANCE OF THE PROPERTY TO THE
VARIOUS FEDERAL, STATE, OR LOCAL STATUTES, LAWS, ORDINANCES,
REGULATIONS, ORDERS, OR DECREES REGULATING OR IMPOSING
LIABILITY (INCLUDING STRICT LIABILITY) OR STANDARDS OF CONDUCT
CONCERNING HAZARDOUS MATERIALS OR WASTE.
This Easement agreement is made and accepted subject to all validly
existing easements, encumbrances, conditions, restrictions, and reservations
relating to the hereinabove described property as now reflected by the Records of
the County Clerk of Jefferson, Texas.
THESE PRESENTS ARE EXECUTED AND DELIVERED BY GRANTOR AND
ACCEPTED BY GRANTEE WITHOUT ANY WARRANTIES, EITHER EXPRESSED
OR IMPLIED, THAT MIGHT ARISE BY COMMON LAW OR STATUTE.
Temporary Construction Easement Agreement
Jefferson County Drainage District No.6&City of Beaumont
Hike&Bike Trail Phase 1I
Page 3 of 4
IN WITNESS WHEREOF, these presents are EXECUTED on this
day of , 2013.
GRANTOR:
JEFFERSON COUNTY DRAI GE ISTRICT NO. 6
By: 4�kw i
Joshua Allen, Sr.
( esident, Board of Directors
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
This Temporary Construction Easement Agreement was acknowledged
before me, the undersigned authority, by the said JOSHUA W. ALLEN, SR.,
President of the Board of Directors for Jefferson County Drainage District No. 6,
a Texas Public�Services En 'ty, o behalf of Jefferson County Drainage District
No. 6, on this D-day of 2013 ce`{tify which witness my hand and
seal of office.
:E- C.AN
"��0 °' blic,State of Texas
• �4
:�': N pares Notary Public, State of Texas
mission 2013 07 mber
Y
GRANTEE:
CITY OF BEAUMONT
By:
Printed Name
Title
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This Temporary Construction Easement Agreement was acknowledged
before me, the undersigned authority, by the said ,
the for the City of Beaumont, on behalf of the
City of Beaumont, on this day of 2013, to certify which witness
my hand and seal of office.
Notary Public, State of Texas
Temporary Construction Easement Agreement
Jefferson County Drainage District No.6&City of Beaumont
Hike&Bike Trail Phase II
Page 4 of 4
i
Folsom Rood
o Jefferson County Jefferson County
Drainage District No. 6 Drainage District No. 6 ,
R.P.R.J.C. Film File R.P.R.J.C. Film File 104-01-0353
104-01-0353 Called 300 Acres
Called 2.99 Acres
Called Tract 2-8
Jefferson County �
Drainage District No. 6
R.P.R.J.C. Film File �
0 250 00 104-01-0353 a
A Called 2.49 Acres
� \ � Called Tract 2—A
X
2
-_� Location Exhibit -
aS
Jefferson County
Drainage District No. 6
Ditch 123
Temporary Construction Easement
Out Of The
Jefferson County
Drainage District No. 6 PR BY
Tract Of Land In The DRAINAGE DISTRICT COUNTY
INAGE DISTRICT N0. 6
H. Williams League, Abst. 56 ENGINEERING DEPARTMENT
Beaumont, Jefferson County, Texas
Rics WITS OPPORTUNITY
BEAUM,ON*
T * Z * X * A * $
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS APRIL 16,2013 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda item No. 1/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a resolution approving a bid for renovations to the Beaumont Transit
Bus Service Bays
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
1
April 16,2013
Consider a resolution approving a bid for renovations to the Beaumont Transit Bus Service Bays
RICK WITH OPPORTUNITY
BEAUMON*
T • $ • a • d • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director IK
MEETING DATE: April 16, 2013
REQUESTED ACTION: Council consider a resolution approving the award of a bid
to McInnis Construction of Silsbee in the amount of
$302,260 for renovations to the Beaumont Transit Bus
Service Bays.
BACKGROUND
As part of the American Recovery and Reinvestment Act of 2009(ARRA), the Beaumont Transit
System was awarded$2.3M for equipment and facility improvements. Included in the grant was
$387,000 for renovations to the service bay. In 2008, the City purchased a fleet of Compressed
Natural Gas(CNG)passenger buses. The existing service bays are not equipped with the proper
ventilation, explosion proof electrical outlets, light fixtures and heating system. The bays will be
renovated to meet all Fire and Building Codes regulating explosion proof facilities.
The bids received are as follow:
Coetwtor Loeaden Price Completion Time
McInnis Construction Silsbee $302,260 90 days
H B Neild& Sons, Inc. Beaumont $313,500 110 days
L&L General Contractors Beaumont $315,100 80 days
N&T Construction Company Beaumont $319,800 90 days
Daniels Bldg. &Construction Beaumont $333,000 120 days
Bruce's General Construction Beaumont $341,300 100 days
Goss Building Beaumont $369,500 150 days
Transit Bay Renovations
April 16, 2013
Page 2
One other bid was received for this project but withdrawn due to an error in their bid.
The project also includes the installation of wall mounted electrical reds,painting of the service
bay and renovations to the entrances to meet accessibility guidelines. The project will be
completed in ninety(90) days.
There is no MBE participation on this project.
FUNDING SOURCE
The American Recovery and Reinvestment Act grant will fund this project.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a contract to McInnis Construction,
of Silsbee, Texas, in the amount of$302,260 for renovation to the Beaumont Transit Bus
Service Bays.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of April,
2013.
- Mayor Becky Ames -