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HomeMy WebLinkAboutRES 13-086RESOLUTION NO.13 -086 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. 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of April, 1AM,. ' f. _ . . HIKE AND BIKE TRAIL PARKING AND ACCESS EASEMENT T14E STATE OF T E X A S § 6 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 N01100 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 therefi•orn, 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 I of 2 EXHIBIT "1" Bike and Bike'rrlil 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 0& day of 2013• GRANTOR: lI I THE STATE OF T E X A S § COUNTY OF JEFFERSON § his it Strument Was wl 2013, b Cori _ rail at;e District No. 6. PAULA C. ANDERSON Notery Public, State of Texas ' My Commission E piree DOOgl b*f 07, 2013 THE STATE OF T E X A S § COUNTY OF JEFFERSON § BY Print Naine: jj2 (,'/� W 4 LtPV J Pit dent, Board of Directors Jefferson County Drainage District No. 6 J before me on thG14zc day of President ofth�e Board of Directo+f6the eff ersoni Notaiy Public, State of Texas GRANTEE: BY: Printed Name: Title: This instrument was acknowledged before me on the day of 2013, by , the City of Beaumont. Notary Public, State of Texas After Recording Return Richard P. LeBlanc, Jr., General Manager Jefferson County Drainage District No. 6 P.O. Box 20078, Beaumont, Texas 77720 DC/pa the 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 & 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 are of a curve to the left having a radius of 50.00', an are 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., I i min., 28 sec., East, a distance of 390.86' to a point; THENCE, on the arc 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 are of a curve to the left having a radius of 200.00', an are 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 are 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 f4A" Page 1 of 9 Ililce and Bike Trail Parlchw 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 are 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 are of a curve to the right having a radius of 50.00', are are 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 rein., 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 46.9 P to a point; THENCE, on the arc of a curve to the right having a radius of 90.00', an are 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 are of a curve to the right having a radius of 70.00', an are 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 arc 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., 1 1 thin., 05 sec., East, a distance of 7.57' to a point; THENCE, on the are 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 Mike and Bike Trail rr....r....,_ .....r • r, .. .. ...., � . THENCE, on the are 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', aif 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 are 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 are 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 are 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 are 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 are 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 are of a curve to the right having a radius of 50.00', an are length of 11.89', a chord bearing of North 80 deg., 06 rain., 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 i6A" Page 3 of 9 Bike and Bike'rrait Parking and Access 1'sascment THENCE, on the are 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 3 86.05' to a point; THENCE, on the are of a curve to. the left having a radius of 30.00', an are 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 ruin., 36 sec., West, a distance of 28.16' to a point; THENCE, on the are of a curve to the right having a radius of 50.00', an arc 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 are 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 ruin., 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 are length of 12.11', a chord bearing of South 72 deg., 42 ruin., 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 arc 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 are 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 inin., 57 sec., East, a distance of 99.35' to a point; THENCE, on the are 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 42.6 P to a point; Exhibit "A" Page 4 of 9 I-like and Bike Trail Parking and Access Easement THENCE, on the are of a curve to the right having a radius of 50.00', an are 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 are 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 thin., 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 are of a curve to the right having a radius of 26.00', an are length of 62.97', a chord bearing of South 22 deg., 38 ruin., 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 are of a curve to the left having a radius of 100.00', an are 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 arc of length of 5.33', a chord bearing of South 14 deg., 10 thin., 25 sec., East, a chord distance of 533' to a point; THENCE, on the are of a curve to the left having a radius of 35.00', an are length of 58.21', a chord bearing of South 58 deg., 45 min., 45 see., East, a chord distance of 51.73' to a point; THENCE, on the are of a curve to the right having a radius of 50.00', an are 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 rein., 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 `°A" Page 5 of 9 Hike and Bike'rrait Parking and Access Easement THENCE, on the are of a curve to the right having a radius of 80.00', an are length of 125.10, a chord bearing of South 83 deg., 08 i'nin., 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.', ari 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 are 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., I 1 min., 02 sec., West, a distance of 60.70' to a point; THENCE, on the are of a curve to the left having a radius of 10.00', an are 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 are 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 ...____ r_:._... _ ... THENCE, on the are of a curve to the left having a radius of 25.00', an are length of 18.98'., a chord bearing of South 448 1 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 l 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 ''/2" 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 corer 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 comer; THENCE, North 87 deg., 04 lnin., 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 corer 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 "All Page 7 of 9 Bike and Bike 'Fri l 11..rbinn oarl Ap-- Ti ov.— l THENCE, . North 02 deg., 55 min., 28 sec., West, a distance of 50.00' to a point for confer; THENCE, South 87 deg., 04 min., 32 sec., West, a distance of 14.27' to a point for cornet; THENCE; on the are 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 ruin., 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 cornet; THENCE, on the arc of a curve to the right having a radius of 39.99', an are 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., Cast, a distance of 8.05' to a point for corner; THENCE, on the are of a curve to the right having a radius of 35.00', an are 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'rrail Parking and Access Easement •mvo r omn N 11 i _ i 31111 i a I t' 1 — �• ' 7TTM 1 I ft I I r II I I I s I I 1 1 Am '�..�_.. r . un�ia I � t j 46'S 4958i£ 3 Z 1'LiL£B8£ L =N ovou w wao - - - - - -� - T------- - - - - -- I �I a 1 x owr Fm a �1 Z Q w _ Q Lu r 10 1/ L I m m V) n.p a w A I LL_ z I 1 Vrqrdlo I I \\ c loo I / US 1 II II II / I I !I I 1 IR j II 1 I II w v a 0. C; III I 111 r•' ¢ w � o E n w V•'• d aV0 7 CL •- '--- ---- - - - - -- - -� w Uwe I x owr Fm I Q w r 10 1/ 7. I I n.p a w A I I 1 / I / 0. C; E n w V•'• d 3 1 I z 1 W IS moo 1 ag'"a E z v, pp I •� [ Iq 3 I ��• � I 1 I 1 I M 1 I 1 1 I 1 1 I 1 } 1 a� P= 4w' y i---- - - - - - L---------- - - - - -! 1 _Exhibit "All Mwo rows L - -- — flikc and Bike Trail EXHIBIT 11211 Pat-king and Access Easement HIKE AND BIKE TRAIL EASEMENT THE STATE OF T E X A S § 8 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 N01 100 DOLLARS (S 10.00), in hand paid by the CITY OF BEAUMONT, the receipt of whicli 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 0A66 -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 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 "3" 1-like and Bike'rrail 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: Jo ua . Allen, S . P -esidel , Board of Directors Je er on County Drainage District No. 6 THE STATE OF T E X AS § COUNTY OF JEFFERSON § /} This instTuntent was acknowledged before me on the day of6), CXJ 2013 b y Joshua W. Allen, President of the ZBW ir ectors for the Jederfon Drainage District No. 6. PAULA C. ANDERSON Notary Public, state of Texas Notary Public, State of Texas My Commission Expires ` %�`N �% 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 the for the 2013, by — City of Beaumont. Notary Public, State of Texas Afler Recording Return To: 1Zichard P. Leblanc, Jr., General Manager Jefferson County Drainage District No. 6 P.O. Box 20078, Beaumont,'reaas 77720 DC /pa Hike and Bike'rrail Parking and Access Easement Jefferson County Drainage District No. 6 and the City of Beaumont Page 2 of 2 ye. fferson County Drainage District %o. 6 O. Box 20078 6550 tiWa[den Rd - Beaumont, Teals 77720 -0078 .elcphone (409 ) 842 -1818 (Fax (409 ) 842 -2729 Board of Directors 2.stabkvfied iri 1920 Sam 0. Smith Joshua W. Allen, Sr. James D. McNicholas William F. Miranda Charles "Chuck" Guillory April 4, 2013 HIKE AND BIKE TRAIL EASEMENT Jefferson County Drainage District No. 6 to the City of Beaumont) Richard P. LeBlanc, Jr. C.enoral Manager Jim Broussard Asst. General Manager Operations Betty S. Holman Asst. General Manager Administration 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 °55'45" 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 °5545" 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; 1 All records mentioned are the Jefferson County Clerk's records. All set iron rods are 1 /a" with aluminum cap stamped "DD #6 ". `* Bearings are based on the South right -of -way line of Folsom Road, being assumed North 89 055'45" east. * ** A survey plat accompanies this field note description. �Y"". (Drainage, Stonit Water JNanagenrent, Eroodcontrol; 9?Sclamation and Conservation. Legal Description - 0.066 -Acre Tract Hike and Bike Trail, Phase 11 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 snore or less. %STE Doug Canant, ., P.E., R.P.L.S., C.F.M. D to .................. D:OUG SANDERS OFF s S 107. -" L- SURgt�� v 0 c � c 0 cd to U I M / +? / „f•s•, rh � aE wz°° Cm co N. :3 A Q cV ° W O .. C\t 14-+ E .4" 0 U � W U •y m V J S� H V tto . a 1. w c AU) p0a`' c6 ,> �� O Cd cd .y E sc O ry 4 Fl o U z c,... A major Drive t4 U2r- O��y r '�+qm m,age z C �z N N a O w a s O a N I a4i 1 = _ O o t;i ti C n D c 3=0 W V V f � x N w U a � AFO yOio M[DCr WSJ Z U N ty ae M1: 3 O w030 no � =gxU U •tf� od I ti N� U •N OT �� p iD �I W I U v I � h Q w d z 4) LO M Z (O a Nd � b I ID I O r L N ' 1(i YI iii m d m o E o oa H co r- I z co to I r. I I cQ c� 'v M o o U 0:: O O G I 0 O d O Li w D W 0 95.06' major Drive t4 U2r- O��y r '�+qm m,age z C �z N N a O w a s O a N EXHIBIT "4" z O_ a L) a IVA N oz r W N 1- W Z Q .ate W �U as x � cd a� to yF L d � L� 7 h E- a � d m C> zA c Q Z w d W w � A Z W 'C a4i a O = _ O 0 t;i ti C n D c 3=0 W V V f � x N w U a � AFO yOio M[DCr WSJ Z Fp3£m ae M1: 3 O w030 no � =gxU W EXHIBIT "4" z O_ a L) a IVA N oz r W N 1- W Z Q .ate W �U as x � cd a� to yF L d � L� 7 h E- a � d m C> zA c Q Z w d W w � A Z W 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 Easemem Agreement Jefferson County Drainage District No. 6 & City of Beaumont Hike & Bike Trail Phase II 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 Diainage District No. G & City of [3caurnont Hike & Bike Trail Phase it Page 3 of 4 IN WITNESS WHEREOF, these presents are EXECUTED on this day of , 2013. GRANTOR: JEFFERSON COUNTY DRAV4�LGEkDISTRICT NO. 6 By: l Joshua . Allen, Sr. 1 resident, 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 ervices EMX .behalf of Jefferson County Drainage District No. 6, on this _. day of 2013 ce tify which witness my hand and seal of office. -'�- roU °V1�, PAULA G, ANDERSON `��MP6� : Notary Public. State of Texas ;06 , • v My Commission Expires Notary Public, State of Texas December 07. 2013 GRANTEE: CITY OF BEAUMONT STATE OF TEXAS § COUNTY OF JEFFERSON § Printed Name Title 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. Tentltorary Construction Easement Agreement Jefferson County Drainage District No. 6 & City of Beaumont Flike & Bike "hail Phase II Notary Public, State of Texas Page 4 of 4 I I I vl to w C Z ta' Ln v N o u EM¢ U t; a O ad O�TVU � O 0 I 0 N O l�7 I N a 1 I c M I u'1 M ' O I to / 0 — — cZ.* / I C) M w 01,E N I I A_ k W O d U O mZ Ow F H m L) C4 D q 04 zccn ki C S z 4 W per„ wzz "40 az w m � H to c t. 4 o W �Z NZ�d VC7.� J c GjV U c+-4 vF'L) i.-d Z G to w 0A w� 0Q .7 w tke U 0 a� .6j C6 C.) -. c � Qf � f+ .,••� �i A O xF EXHIBIT "6" aior r��e D (•j O� D: • a: Q: I I I / I / I / I I / I uN . I I y Q U O N �..•. as u 0 I I A_ k W O d U O mZ Ow F H m L) C4 D q 04 zccn ki C S z 4 W per„ wzz "40 az w m � H to c t. 4 o W �Z NZ�d VC7.� J c GjV U c+-4 vF'L) i.-d Z G to w 0A w� 0Q .7 w tke U 0 a� .6j C6 C.) -. c � Qf � f+ .,••� �i A O xF EXHIBIT "6" aior r��e