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
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i---- - - - - - L---------- - - - - -! 1 _Exhibit "All
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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
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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
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