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HomeMy WebLinkAboutRES 14-116RESOLUTION NO.14 -116 WHEREAS, due to changes in the original plans for the Hike and Bike Trail Phase II Project, it is necessary for the City of Beaumont to execute a new Interlocal Agreement with Jefferson County Drainage District No. 6; accept a new Hike and Bike Trail Parking and Access Easement across land owned by Jefferson County Drainage District No. 6; and, execute an Encroachment Agreement across an easement owned by Jefferson County Drainage District No. 6; and, WHEREAS, Jefferson County Drainage District No. 6 has agreed to convey one twenty foot (20') wide hike and bike trail easement, said easement being a 2.984 acre tract of land out of the H. Williams Survey, Abstract No. 56, as described in Exhibit "1" and shown on Exhibit "2," attached hereto; and, a parking and access easement, said easement being a 0.4198 acre tract of land out of the H. Williams Survey, Abstract No. 56, as described in Exhibit 1" and shown on Exhibit "2," 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; and, WHEREAS, Jefferson County Drainage District No. 6 approved a Notice of Encroachment with the City of Beaumont to install and maintain a hike and bike trail within the District's right -of -way; and, WHEREAS, the City of Beaumont wishes to enter into a Notice of Encroachment with Jefferson County Drainage District No. 6 to allow the City to install and maintain a hike and bike trail within the District's right -of -way, being a 0.336 acre tract situated in H. Williams Survey, Abstract 56, as described in Exhibit "3," attached hereto; and, WHEREAS, the route and parking lot area of the Hike & Bike Trail Phase II Project is being significantly changed from the route and parking area noted in the original Interlocal Agreement dated November 12, 2012, and parts of the trail are on Jefferson County Drainage District No. 6's easement requiring a new Interlocal Agreement to be executed; and, WHEREAS, the City of Beaumont wishes to enter into a new Interlocal Agreement with Jefferson County Drainage District No. 6 for the Hike & Bike Trail Phase II Project, as described in Exhibit "4," attached hereto; 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 " and "2" be and the same are hereby, in all things, accepted for the stated purposes; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Hike and Bike Trail Parking and Access Easement with Jefferson County Drainage District No. 6; and, BE IT ALSO RESOLVED THAT the Notice of Encroachment with Jefferson County Drainage District No. 6, be and the same is hereby, in all things, accepted for the stated purposes; and, BE IT ALSO RESOLVED THAT the City Manager be and he is hereby authorized to enter into a Notice of Encroachment with Jefferson County Drainage District No. 6 for the purposes described herein. Said Notice of Encroachment is substantially in the form attached hereto as Exhibit "3" and made a part hereof for all purposes; and, BE IT ALSO RESOLVED THAT the Interlocal Agreement with Jefferson County Drainage District No. 6 be and the same is hereby, in all things, accepted for the stated purposes; and, BE IT ALSO RESOLVED THAT the City Manager be and he is hereby authorized to enter into an Interlocal Agreement with Jefferson County Drainage District No. 6 forthe purposes described herein. Said Interlocal Agreement is substantially in the form attached hereto as Exhibit "4" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of May, 2013.®: .. L - MU or Becky Ames - HIKE AND BIKE TRAIL PARKING AND ACCESS EASEMENT THE STATE OF T E X A S § § 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 2.984 -acre tract of land and a 0.4198 -acre tract of land out of the H. Williams Survey, Beaumont, Jefferson County, Texas, and also being out of two 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 300.0 acres and File 9807948 and being called 0.565 acres; said 2.984 - acre tract and 0.4198 -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 Iilmits 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 t of 2 EXHIBIT 1 " Hike and Bike Ttail Parking and Access Easement Jefferson County Drainage District No. 6 and the City of Beaumont {2.984 -Acre Tract and a 0.4191; -Acre Tract} WITNESS the execution hereof on this day of _ _ 12014. GRANTOR: BY. a Printed me: Joshua Presi . t, Board of Directors Jefferson County Drainage District No. b THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the 11th day of March, 2014, by Joshua W. Allen, Sr., President of the Board of Directors for the Jefferson County Drainage District No. b. PAULA C. ANDERSON Notary Pubktc, state of lox My Commission Erp fes December 07, 2017 THE STATE OF TEXAS § § COUNTY OF JEFFERSON § Public, State of Texas GRANTEE: BY: Printed Name: Title: This instrument was acknowledged before me on the 2014, by _, the City of Beaumont. After Recording, Return To: Richard P. LeBlanc, Jr., General Manager Jefferson County Drainage District No, 6 P.O. Box 20078, Beaumont, Texas 77720 JCDD6 /pa clay of Notary Public, State of Texas Hike and Bike Trail Parking and Access Casement ,lefferson County Drainage District No. 6 and the City of Beaumont for the Page 2 of 2 2.984 ACRES OF LAND FOR PUBLIC USED HIKE & BIKE TRAIL OUT OF THE H. WILLIAMS SURVEY, ABSTRACT NO. 56 AND THE W. B. DYCIiES SURVEY, ABSTRACT NO. 17 CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS BEING 2.984 acres of land for public used Hike & Bike Trail out of and a part of the H. Williams Survey, Abstract No. 56 and the W. B. Dyches Survey, Abstract No, 17, City of Beaumont, Jefferson County, Texas; being within a (Called 300.0) acre tract of land lmown as Tract I conveyed to Jefferson County Drainage District No. 6, recorded in Film Code 104 -01 -0353, Official Public Records, Jefferson County, Texas; also being in a correction to two tracts of land, a (Called 4.438) acre tract and a (Called 0.2752) acre tract conveyed to the City of Beaumont, recorded in File No. 2013014152, Official Public Records, Jefferson County, Texas and a (Called 0.565) acre tract of land conveyed to Jefferson County Drainage District No. 6, recorded in File No. 9807948, Official Public Records, Jefferson County, Texas; the centerline of said 2.984 acre tract being more fully described by bearings and distances as follows, to wit: COMMENCING at 518" 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 5l8" steel rod being the Northwest corner of a (Called 2.99) acre tract of land recorded as Tract 2 -I3 in said Film Code 104 -01 -0353, Official Public Records, Jefferson County, Texas; having a State Plane Coordinate of N: 13984188.36 E: 3488936.03; THENCE, - North -S7 -deg., .0- 1-- min.,__1.9. see., East, on the South. right_ _of way line of said Folsom Drive, same being the North line of the (Called 299) acre tract, a distance of 1193.08' to a point for the Northeast corner of the (Called 2.99) acre tract on the West line of the (Called 300.0) acre tract; having a State Plane Coordinate of N: 13984250.35, E: 3490127.50; THENCE, South 03 deg., 02 rein., 52 sec., East, on the common line of the (Called 2.99 and 300.0) acre tracts, a distance of 107.35' to POINT OF BEGINNING; having a State Plane Coordinate of N: 13984143.15, E: 3490133.21; THENCE, on the arc of a curve to the left having a radius of 200.00', a chord bearing of South 71 deg., 03 min., 01 sec., East, a chord distance of 3.92' 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 Hurt., 44 sec., East, a distance of 435.75' to a point; EXHIBIT "A" Page 1 of 10 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; THENCE, South 59 deg., 10 rain., 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 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 1.6.85' to a point; THENCE, on the are of a curve to the left having a radius of 50.00', an are 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 are of a curve to the left having a radius of 50.00', an arc length of 14.44', a chord bearing of North 48 deg., 59 min., I1 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 are 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 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 arc of a curve to the right having a radius of 70.00', an arc length of 95.69', a chord bearing of South 50 deg., 28 min., 09 sec., East, a chord distance of 88.41' to a point; THENCE, on the arc of a curve to the left having a radius of 126.00', an arc length of 180.831, a chord bearing of South 52 deg., 25 min., 19 sec., East, a chord distance of 165.71' to a point; THENCE, North 86 deg., 27 rein.,. 47 sec., East, a distance of 902.74' to a point; THENCE, on the are of a curve to the left having a radius of 125.00', an are Iength of 189.13', a chord bearing of North 43 deg., 07 min,, 04 sec., East, a chord distance of 171.60' to a point; EXHIBIT "A" Ila,,e 2 of 10 THENCE, North 00 deg., 13 min., 38 sec., West, a distance of 133.35' to a point; THENCE, on the are of a curve to the left having a radius of 385,00', an are 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 see., 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 are 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 are length of 12.56', a chord bearing of South 84 deg., 53 min., 36 see., 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 arc 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 see., 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 are 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; 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 inin., 08 sec., Fast, 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 are of a ctu-ve to the Ieft 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; EXHIBIT "A" Page � of J tl THENCE, South 88 deg., 22 min., 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 2191', 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 are 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; 'T'HENCE, 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 are of a curve to the right having a radius of 50.00', an are 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 are of a curve to the eight 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 min., 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 ruin., 47 sec., East, a distance of 42.61' to a point; THENCE, on the are 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 are 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; EXHIBIT "A" Page 4 of 10 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 see., East, a chord distance of 14.63' to a point; THENCE, on the are of a curve to the eight having a radius of 50.00', an arc length of 1.5.74', 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 are 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., I5 sec., West, a chord distance of 105.95' to a point; THENCE, on the are of a curve to the eight 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 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 see., 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 are 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; 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 min., 10 sec., East, a chord distance of 112.74' to a point; THENCE, South 38 deg., 20 min., 1 I sec., East, a distance of 20.5.89' 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., 1 1 sec., West, a distance of 96.14' to a point; EXHIBIT "A" Page 5 of' 10 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 76.5 P 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., 1 I 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 are of a curve to the right having a radius of 45.00', an are length of 69.39', a chord hearing of South 06 deg., I 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 8 .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., I 1 min., 12 sec., East, a distance of 17,17' to a point; THENCE, on the arc of a curve to the left having a radius of 25.00', an are length of 2.20' passing the common line of the (Called 300.0 and 0.565) acre tracts; continuing on the are of said curve to the left: for a total are 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 Plat of Metropolitan Park Phase 1, recorded in File No. 2008019449, Official Public Records, Jefferson County, Texas; having a State Plane Coordinate of N: 13983436.20, E: 3494557.30; Note: Bearings, distances, acreage and coordinates given are based on State Plane Coordinate Grid System, Texas South - Central Zone, NAD 83, Combined Scale Factor = EXHIBIT "A" Paip 6 cif 10 0.999958643, Convergence Angle = 2 deg., 21 min., 31 sec. Reference Monument = AJ8221 This description is based on the Land Surveys made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on May 2, 2012 and December 11, 2013. City of Beaumont LS -12 -0203 Rev. 1 EXHIBIT "A" Pawlc 7 of 10 PARKING AND ACCESS 0.4198 ACRE OF LAND OUT OF THE H. WILLIAMS SURVEY, ABSTRACT NO, 56 CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS BEING 0.4198 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 I conveyed to Jefferson County Drainage District No. 6, recorded in Film Code 104 -01- 0353, Official Public Records, Jefferson County, Texas; being a correction to a (Called 0.2752) acre tract of land conveyed to the City of Beaumont, recorded in File No. 2013014152, Official Public Records, Jefferson County, Texas; said 0.4198 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a 518" 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 Iine 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 I 171.52' passing a' /z" 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 conger; THENCE, North 87 deg., 04 min., 32 sec., East, a distance of 144.00' 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: 13984149.69, E: 3490431.76; THENCE, South 87 deg., 04 inin., 32 sec., West, a distance of 222.00' to a point for corner; 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 see., rest, a distance of 14.27' to a point for corner; EXHIBIT "A" THENCE, on the are of a curve to the left having a radius of 15.00', an are length of 10.04', a chord bearing of South 67 deg., 53 min., 51 see., West, a chord distance of 9.86' 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 are of a curve to the left having a radius of 19.99', an are length of 10.60', a chord bearing of South 3' ) 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 comer; THENCE, on the are 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., 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 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 coiner•, 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 see., West, a distance of 46.17' to the POINT OF BEGINNING and containing 0.4198 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 and December 11, 2013. City of Beaumont I,S -1.2 -0203 EXHIBIT "A" Page 9 of 10 OF T , I. P&J• Howy ' --i� 3 �7' 3w3 Y itO-ID-101 7'J MOH IC3YA90 ID d" 1(p) S 1D L1{IvQW7MJ �. — — T'-- - - - -_— —_--- Q .� C� � OV Z o 0V) o , ° � Aguxwu III �I Q Y c7 i \i azi:ii w mNp s I I L+ oz °QCLw i 0 qy mof two 1OV& 0 1 , JII 2 I, z i t a , o 11 1 ¢ ��- U 11 li 1 I !zoa I ! 11 owl CoZW-_ I �) c i I tia -� a 9w i Z Zln ---------- -- - - -, I y' ° I z � DD in co 1 i w / l t� cr a z< �� (° J o a. f m I W a< G z 14 1 0 to n �y i� I CL �o , z�M k Y W:ro ��rn Iw 1 wrn zV)'tii ! ��� I -- Q zm I I o �; i - - - -- --,-- .."� ! I p rz I I 4zw I z I I Y Q I i L_--------- - - - - - r- EXHIBIT "2" NOTICE OF ENCROACHMENT STATE OF TEXAS COUNTY OF JEFFERSON KNOW ALL MIEN BY THESE PRESENTS On the date last indicated below, Jefferson County Drainage District No. 6, whose address is 6550 Walden Road, Beaumont, Texas 77707 (herein called "District ") and City of Beaumont, whose address is P. O. Box 3827, Beaumont, Texas 77704 (hereinafter called "City "), contracted and agreed as set forth herein. District hereby allows City to install and maintain a hike and bike trail within the District's right -of -way described on the attached Exhibit "A." District, its successors and assigns, reserve the right to make improvements, perform maintenance and construction on the right -of -way or premises covered by this license where such is deemed necessary by the District. In doing so, District and its successors and assigns shall not be liable to City for any damage occasioned thereby and City shall not be entitled to prosecute or maintain a claim against such parties for any such darnage sustained by City to said encroaching structure or any abutting or attached structures, improvements or land. hl addition. City shall reimburse District, its successors and assigns, for any additional costs resulting from the encroachment. City, its successors and assigns, will not do or cause to be done, anything to impede or obstruct the flow of water through the District's right -of -way and easement. District makes no warranties, express or implied, in authorizing this encroachment, nor does District purport to convey any property interest or exclusive privilege by this agreement. It is specifically understood that District is not the agent of, nor does it act for, the fee owners, or any person or EXHIBIT "3" Encroaclunent Agreement — Hike & Bike Trail Jefferson County Drainage District No. 6 & City of Beaumont Page 2 of 4 entities having any right, title, or right to possession of the land upon which District's easement is located. District shall in no case be liable for any damage or injury to the improvements located upon said encroachment which may be caused by or result fi-otn operations undertaken by District for the maintenance, conservation or improvement of drainage, and no claim or right to compensation shall accrue from any such damage. City acknowledges that the encroachment upon District's right -of -way will be within an area requiring joint use by District for regular mowing and maintenance of the drainage ditch right -of -way and ditch maintenance such as slope or concrete lining failure repair. District's work in this area could introduce damage of varying degrees to the encroachment and any related improvements. City agrees that District will not be held liable for any damage caused to the encroachment area. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas, by City. A recorded copy shall be returned to Jefferson County Drainage District No. 6. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the tennination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas, by City. Page 2 of 4 Encroachment Agreement — Hike & Bike Trail Jefferson County Drainage District No. 6 & City of Beaumont Page 3 of 4 This license is neither assignable nor transferable except in conjunction with, and as part of, City's conveyance of all the abutting property. This license serves through probate or warranty deed or lease. In any such event, District shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to District shall be sufficient if it is mailed or hand delivered to the General Manager, Jefferson County Drainage District No. 6, P.O. Box 20078, Beaumont, Texas 77720- 0078. Any notice to City shall be sufficient if mailed or hand - delivered to City of Beaumont, whose address is P. O. Box 3827, Beaulrnont, Texas 77704. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day of , 2014. DISTRICT: _. _JEFF ERSON__CO_UNTY DRAINAGE DISTRICT NO b By: Jo &a W. Allen, Sr., President CITY: CITY OF BEAUMONT B v: Printed Name: Title: Page 3 of 4 Encroachment Agreement — Hike & Bike Trail Jefferson County Drainage District No. 6 & City of Beaumont Page 4 of 4 STATE OF TEXAS COUNTY OF JEFFERSON § This Notice of Encroachment was acknowledged before me on the Ilth day of March, 2014, by Joshua W. Allen, Sr., President of the Board of Directors of Jefferson County Drainage District No. 6. PAULA C. ANDERSON Noto!y Public, State of 1ex45 Mc Ce m mission Expires December 07. 2017 ,;�t•�z= '�'.��' STATE OF TEXAS { COUNTY OF JEFFERSON § Notary Public, State of Texas This Notice of Encroachment was acknowledged before me on the day of 12014, by of the City of Beaumont. After Recordine Return To: Richard P. LeBlanc, Jr., General Manager Jefferson County Drainage District No. 6 P.O. Box 20078, Beaumont, Texas 77720 .ICDD6ipa Notary Public, State of Texas Page 4 of 4 Yefferson Coutrty Drainage District Jvo, 6 1'. 0. (130,20078 6550 'T4) ..9cn. 1,V. • �3ea.umont, '7.b�as 77 720 - -0078 13'elep(aone (409) 842 -1818 (Fa.) (409) 842 -272.0 Rnurd of Uireclors Establisfiedin 1920 ,loahua W. Allun, Sr. James 1). NkNicholaf: William F. Miranda Charles "Chuck" Guillory N irimn R Johnson Marcia 12, 2014 HIKE AND BIKE TRAIL EASEMENT Richard F. t,eT3lanc, Jr. Jim Broussard A-f. Gow-01 manoger Gpenafiami Buty S. Holman A,6t. G'e vul hlanolmr AdminhaTafion BEING a 0.330; -titre tract. of 101-1d out of the 1-i. Williams League, Abst:r� :wt 56, 13catiniont, Jefferson County, Texas, and also being out of a- tract of laud conveyed o Yount. -Lec Oil Company and recorded in the Deed Records, Volume 376, P<:tr;e 370, irrd also being out of that certain easctxtent conveyed to Jefferson County Dr:tirran I District- No. 6 ruin recorded in the Peal Property Records 1, File 104-01 -0 353 and being callccl 2.99 i:tcres, said 0.336-acre tract l)eing more particularly describedl `.)y trrctcs and bounds as follows: BEGINNING at an iron rod found for the northwest corner of the tract. )-wrcin cleacrii�ed and the said 2.99 -acre: tract, at the interscet:ion of the east right -of -way line of Major Drive and the soud-i right-of-way line of Folsom Road, THENCE north 89'55'45" cast, along the north line of the tract herein described and the 5Uid 2.99 -acre tract and the south line of Folsom Road, 1,017.65 feet to the point of curvature of 44. curve to the right, with a radius of 150.00 feet; THENCE, continuing along the north line of the tract herein described, along S�Tid curve 62.55 feet to the point of - -angency, said curve hewing a delta of 23`53'32", , -i chord of 02.10 feet and a chord be wring of south 68° 8'16" cast; THENCE, continuing along the North line of the tract herein ctes-cribcd, sotiath 56'�°51'37 east, 107.72 feet t:o the point of curvature of a curve to the left, with a n.1dius of, 190.00 feet; All s,ecords 1-11cntione:d are the .Jefferson Courity Cleric's records. pF T LP; 0n,•�C / �C• �. All sea iron rods are: wits) LiluEninurn Cajp stamped "DD96 ". s sire; )-)aster or, the South right -of way line of �,tA9 :71 JR holsor�r }�nacl, being (,issurned North 89 °55'45" east. A s.irvcy l_Lit accompanies this ttC-ld note description. r J� •.+ lt,1i ,1)raiiwtle, Storm'Wat.r:r'Management, T'1oodCowro( fierl�1 nat:ri+rr -znff C:'olr.eervrztirnr. Leg Description - 0.336 -Acre 'Tract Hike and Bike Trall 13'aseniciat J)-1L,-c 2 THENCE, continuing along the rit-Wth line of the tract herein described, akm,- said. curvc 3 1.3 7 feet to the northeast corner of the tract herein described in the east line of the said 2.99-acre tract, and a west line of that certain tract convcycd to Jefferson County Drainage District No- (7) and recorded in the Real Property Nocords, Pilm 1,-fle 104-01-0353 and being called 300.0 acres; said curve having a delta of 09*27'33", a chord of 31.33 feeL and a chord bearing of'south 61'35'25" east; THENCE south 00'08'31" cast, along tho east line, of the tract herein described and the saki 2.99-acre tract oriel the:: west line of the 300.0-acre tract., 2.1.06 feet to tli(,. so-athcas', corner of the tract tiercin described; THENCE, along the south line ofthc tract herein described, along a curve to the right N,vith -.i radius of 210.00 feet, 90.33 feet to the point of tangency, said carve having a dc1to of 1 1'50'50", a chord of 43-4 feet and a 6-iord bearing of north 62'•17'03" west; THENCE north 56'51'37 west, continuing along the south line of the t1-,'-1Ct hel-ein described, 107.72 feet to the point of curvature of a curve to the left, with a radius of 130.00 feet; THENCE contimli-Ylg along said curve, 74.98 feet to the point of' tangency-, Said CLII-Ve, having a delta of 33'02'42", a chord of 73.94 feet and a chord bearing of north 73o22'51" West; THENCE north 89'54'06" zest, continuing along the south. line of the; tract herein dc,scribcA, 390.68 feet to the pc)iiit of curvature of a curve to the right, with a radius of 60,0"') f�,Ct; THENCE along said curve, 4-0.33 feet to an interior- angle point in the south line of the tract herein described, said curve having a delta. of 38*310,52", a chard of `9.58 feet and a chord bearing of north 72'37'221" west; THENCE south 89'55'45" wc,,.,L, along the south line of the tract herein described, 565.13 fect to the southwest corner of the tract herein described, in the west line of the 2, 39 -acre tract and the east Line- of Major Drive; THENCE north 02'03'32" west, along the west line of the tract herein the .,aicl 2.99-acre tract, and the cast linc of Major Drive, 5,00 feet to the PLACE OF BEGINNING contaming 0.336 acres of land more or less. ......... . iA Doug Cant t, Jr., P.E., R.P.L.S., C.F.M. Date 14 I!4lqx3 U0 1 130) P;1100 C 'tc al!j UJILI :)T ZJ d 6 'ON JDIJJs!C ODUIDJO AlunoD uosjaj)ar' X N to co SO co 0 in 2 cq O In r -lN V C� 'C' CD CD 0 co >1 4j Co m �:)4 E— 4 co CI to 4-1 a) 0 E- ijI bL CL) Co V E C, 1'� C> 0 f:::� 4 0 u 0 0 -+ C9 U) C:) "M 4-1 CJ • CO C� 0� CO all In G 44--.1 1 U) z Ell clJ 0 ;zf < 4 C� to (6 T 0 o w > or,, V) � al co > O:z :A C. C) & lz C6 L> MW Z C? ° MW-1 2=0 00 C\) Lli < W 00 r4 CQ rn C� E Z - U-) 'to w co fy- < ------ 01 in LO In CD z IS 0 In to X a- u C3 0 4D a C12 U) -Z CL: F4 WW o C) D cp 95,06' ,KArjc)r Drive INTLRLOCAL AGREEMENT THIS CITY OF BEAUMONT AND JEI'J'ERSON COUN'T'Y DRAINAGE DISTRICT NO. 6 HIKE ANT) BIK"A'T2AII_ PHASE 1.1 (Dowlen to Major Drive) STATE OF 'I' E X A S § COUNTY OF JEFFERSON § This Hike and Bike `Trail- Phase Il Interlocal Agreement is made by and between the CITY OF BEAUMONT, a home rule City of the State of Texas (hereinafter called "City ") and JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6, a special district of the State of Texas (hereinafter called "District ") under authority of tine Innterlocal Cooperation Act, Chapter 791 of the Texas Government Code. WHEREAS, the route and parking lot area of the Hike and Bike Trail -Phase 11 is being sigm icantly changed from the route and parking area doted in the original Interlocal Agreement dated November 12, 2012, and parts of the !rail are on Jefferson County Drainage istrict No. 6's easement. NVI-JEREAS, for the reasons stated above, original Interlocfd Agreement adopted by the City and the District on November 2, 2012, is hereby considered to I)c null and void. ACCORDINGLY, the easements (Jefferson County, Texas, Real Property 1Zecords Idle ')013014151 and File 2013014152) originally granted for the trail in the original Interlocal Agreement dated November 2, 2012, will be abandoned. THEREFORE, this Interlocal Agreement will replace any previous agreements set out in the Interlocal Agreement of November 2, 2012, which is deemed null and void. IN'tERLOCAL, AGJZE,EM1'N']'- ]-TIKE.; & BIKE TRAIL PI -IASI 11 C'i'y of fln mnont auxl .1CffC1'S01) t'ounty Drainage District No. 6 Page 1 or 3 EXHIBIT 'A" N'VIIEREAS, the City desires to install a 1.7 mile hike and bike trail with 1.2 miles of this 1.7 mile trail being; on District property known as Detention Basin "A" and 0.2 miles being on easement owned by the District for Ditch No. 123. Phase II of said hike and bike trail will enter the District's easement at the southeast corner of Major Drive and Folsom Road, and will enter the District's property near the northwest corner of Detention Basin "A" at Metropolitan Drive, Beaumont, Texas. WHEREAS, in conjunction with the construction of this 1.7 mile hike and bike trail (Phase 11), a parking lot will also be constructed on the District's property south of Folson, Drive, at the northwest corner of the District's Detention Basin "A." THEREFORE, the City and the District agree as follows: WITNESSETH The City and the District have agreed to the responsibilities of this project on the following basis: 1. The City will be responsible for all costs of engineering, design, coordination (to include bidding, letting of materials and construction contracts), construction, and project management for this project. 2. The City will be responsible for the maintenance of the hike and bile trail, the parking lot and vegetation control within five (5) feet of each side of the trail and parking lot. �. The District will be shown as an additional name insured on the contractor's insurance policy Chu-Mg construction of the trail, with Nil indemnification provided to the District by the contractor. 4, The cost of relocation of city owned utility lines .'d structures, if any, will be borne by the City. INTI RLOCAL AGREEMENT— HIKE & BIKE TRAIL PHAS1= I1 Cite of f3eaumont and .ic('i'ersoii County Drainage District No. 6 11age 2 or 3 5. Since the easements originally granted for the trail need to he substantially modified, the two easements granted in the .Jefferson county, "hexas, Real Property Records File 2013014-52 and File 2013014151 will be abandoned and replaced �vlth an casennent and an encroachment agreement. 6. The District will be responsible for conveying a 2.984 -acre easement for the trail and a 0.4198 -acre easement for access and a harking lot to the City for the purpose of constructing and maintainino the 1.7 mile trail, access area and parking lot, all of which are included in Phase L1 of the Hike and Bike Trail, (,See Exhibit A" attached hereto for reference). 7. The District will grant a license to encroach on the 0.336 -acre tract shown on the attached Exhibit "B." EXECUTED this day of 2014. ATTEST: 13y:_ City Clerk ATTEST: Charles "Chuck" Gui11o1-y, Secretary CITY OF BEAUNIONT By: - — City Manager Printed Name: JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 B) d l �✓ J itra. W. AlIen,'Sr., President INTERLOCAL AGREEMENT- HIKE & 131KE TRAIL PHASE 11 City of Beaumont and Je.f1'ersoI3 County Drainage District No 6 P"Ion 3 Or' 3 2.984 ACRES OF LAND FOR PUBLIC USED HIKE & BIKE TRAIL OUT OF THE H. WILLIAMS SURVE, Y, ABSTRACT NO. 56 AND THE W. B. DYCHES SURVEY, ABSTRACT NO. 17 CITY OF BEAUMONT, JEI~FERSON COUNTY, TEXAS BEING 2.984 acres of land for public used Hike & Bike Trail out of and a part of the H. Williams Survey, Abstract No. 56 and the W. B. Dyches Survey, Abstract No. 17, City of Beaumont, Jefferson County, Texas; being within a (Called 300.0) acre tract of land known as Tract I conveyed to Jefferson County Drainage District No. 6, recorded in Film Code 104 -01 -0353, Official Public Records, .Jefferson County, Texas; also being in a correction to two tracts of land, a (Called 4.438) acre tract and a (Called 0.2752) acre tract conveyed to the City of Beaumont, recorded in File No. 2013014152, Official Public Records, Jefferson County, Texas and a (Called 0.565) acre tract of land conveyed to Jefferson County Drainage District No. 6, recorded in File No, 9807948, Official Public Records, Jefferson County, Texas; the centerline of said 2.984 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 a (Called 2.99) acre tract of land recorded as Tract 2 -B in said Film Code 104 -01 -0353, Official Public Records, Jefferson County, Texas; having a State Plane Coordinate of N: 13984188.36 E: 3488936.03; THENCE, North 87 deg., 01 rain., 19 sec., East, on the South right of way line of said Folsom Drive, same being the North line of the (Called 2:99) acre tract a distance of 1193.08' to a point for the Northeast corner of the (Called 2.99) acre tract on the West line of the (Called 300.0) acre tract; having a State Plane Coordinate of N: 13984250.35, E: 3490127.50: THENCE, South 03 deg., 02 min., 52 sec., East, on the common line of the (Called 2.99 and 300.0) acre tracts, a distance of 107.35' to POINT OF BEGINNING; having a State Plane Coordinate of N: 13984143.15, E: 3490133.21; THENCE, on the are of a curve to the left having a radius of 200,00', a chord bearing of South 71 deg., 03 min., 01 sec., East, a chord distance of 3.92' to a point; THENCE, South 71 deg., 36 min., 45 sec., East, a distance of 60.50' to a point; THENCE, on the are 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 435.77' to a point; EXHIBIT "A" Page I of 10 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 ruin., 42 sec., Fast, a chord distance of 117.95' to a point; 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 are 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 1 4,73' to a point; THENCE, North 57 deg., 39 mini., 04 sec., East, a-distance of 46.911 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 arc length of 95.69', a chord bearing of South 50 deg., 28 min., 09 sec., East, a chord distance of 88.41' to a point; THENCE, on the arc of a curve to the left having a radius of 126.00', an arc length of 180.83', a chord bearing of South 52 deg., 25 min., 19 sec., East, a chord distance of 165.71' to a point; THENCE, North 86 deg., 27 min.,. 47 sec., East, a distance of 902.74' to a point; THENCE, on the are of a curve to the left having a radius of 125.00', an arc length of 189.13', a chord bearing of North 43 deg., 07 min., 04 sec., East, a chord distance of 171.60' to a point; EXHIBIT "A" Page 2 of 10 THENCE, North 00 deg., 13 nrin., 38 sec., West, a distance of 133.35' 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 see., 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 are 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, Notlh 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 lef# having a radius of 50.00', an are length of 13.37', a chord bearing of South 85 deg., 21 ruin., 39 sec., East, a chord distance of 13.33' to a point; THENCE, Noiih 86 deg,, 58 min., 33 sec., East, a distance'of 2:1.17' 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 arc length of 11.89', a chord bearing of North 80 deg., 06 min., 17 sec., East, a chord distance of 1 1.86' to a point; THENCE, North 86 deg., 54 min., 54 sec., East, a distance of 373.09' to a point; THENCE, on the are of a curve to the left having a radius of 43.00', an arc 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 are 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 ruin., 01 sec., West, a chord distance of 41.98' to a point; EXHIBIT "A" Page 3 of 10 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 are 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 min., 55 sec., West, a chord distance. of 11, 99' to a point, THENCE, on the are 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 rnin., 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 are 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 rain., 11 sec., Vilest, 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 03,$0', a chord bearing of North 10 deg., 13 inim, 53 sec., East, a chord distance of 63.32' to a point; _ ... THENCE, North 22 deg., 24 min., 57 see., 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 thin., 47 sec., East, a distance of 42.61' to a point; 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 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; EXHIBIT "A" Page 4 of 10 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 are 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 see., 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 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 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 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 are of a curve to the right having a radius of 50.00', an are length of a c}lord 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 are 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 2.55,89' to a point; THENCE, on the are 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 min., 10 sec., East, a chord distance of 112.74' to a point; THENCE, South 38 deg., 20 min., 1 1 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 are 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., 1 1 sec., west, a distance of 96.14' to a point; EXHIBIT "Q" Page 5 of 10 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., I 1 min., 03 sec., East, a chord distance of 76.51' to a point; THENCE, South 49 deg., 20 rnin., 17 East, a distance o1' 62.48' to a point; THENCE, on the arc of a curve to the right having a radius of 10.00', an arc length of 15.10', a chord gearing of South 06 deg., 04 min., 38 sec., East, a chord distance of 13.71' to a point; THENCE, South 37 deg., I 1 irZin., 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 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 are of a curve to the right having a radius of 45,00', an are 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 rnin., 17 sec., West, a distance of 63.2 1 ' 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 are length of bearing of South 42 deg., 26 min., 19 sec., East, a chord distance of 65.65' to a point; - - _._..... THENCE, North 62 deg., 40 rnin., 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 3933', a cliord bearing of South 72 deg., 15 min., 09 sec., East, a chord distance of 35.40' to a point; THENCE, South 27 deg., 1 I min., 12 sec., East, a distance of 17.17' to a point; THENCE, on the are of a curve to the left having a radius of 25.00', an arc length of 2.20' passing the common line of the (Called 300.0 and 0.565) acre tracts; continuing on the arc of said curve to the left for a total 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 Plat of Metropolitan Park Phase 1, recorded in Tile No. 2008019449, Official Public Records, Jefferson County, Texas; having a State Plane Coordinate of N: 13983436.20, E: 3494557.30; Note: Bearings, distances, acreage and coordinates given are based on State Plane Coordinate Grid System, Texas South - Central Zone, NAD 83, Combined Scale Factor EXHIBIT "A" Page 6 of 10 0.999958643, Convergence Angle = 2 deg., 21 min., 31 sec. Reference Monument AJ8221 This description is based on the Land Surveys made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on May 2, 2012 and December 11, 2013. City of Beaumont LS -12 -0203 Rev. 1 OF r U EXHIBIT "A" Page 7 of' 10 PARKING AND ACCESS 0.4198 ACRE OF LAND OUT OF THE H. WILLIAMS SURVEY, ABSTRACT NO. 56 CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS BEING 0.4198 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 Iand 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; being a correction to a (Called 0.2752) acre tract of land conveyed to the City of Beaumont, recorded in File No. 2013014152, Official Public Records, Jefferson County, Texas; said 0.4198 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a 518" 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'W' 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 comer 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., bast, 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 144.00' 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: 13984149.69; E: 3490431.76; THENCE, South 87 deg., 04 min., 32 sec., West, a distance of 222.00' to a point for corner; THENCE, North 02 deg., 55 min., 28 sec., West, a distance of 50.00' to a point for corner; T'HENCE, South 87 deg., 04 min., 32 sec., West, a distance of 14.27' to a point for corner; EXHIBIT "A" Page 9 of 10 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 sea, West, a chord distance of 9.86' to a point for corner; THENCE, South 48 deg., 43 min., 11 sec., West, a distance of 8.05'' to a point for corer; 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 comer 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 comer; THENCE, on the are 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., I I 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 0.4198 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. 548I, on May 2, 2012 and December N, 2013. City of Beaumont LS -12 -0203 EXHIBIT "A" Page 9 of) 0 1 .,w WA ova* K 9T'YN Y9L0'b••�Gl � *� y r r — 2.._.I' s ...3 `+�•' I z ° to rn UJ — ! w�9wp a z W m s-- - w C, I y pzt-w 1 i I { ! 4 1t I J I Wtj mil/ I I ! ¢ Z I { I Qpa II s Z-ra 1 g,iy-------------- 9 , ? w m o 1 @2 III �7- i III { 1 w?�Q � III j d z o- I Ili ; { I 3 m z v Ik /!! wo o a j- a oz o !i i° zNa a ® I I W I I !! f 3i } zw I { m �/ V Y -- -- g: D. Z W I I Np !2 OF I !! I EXHIBIT "A" Page 10 of 10 �w m 10 re- W 0 a a O t] z a CL w Y in 0 Z Q w Y Q r t g� O" q I g U�`� z i5 t o �v W• I g nwoami - ! 00 a I I I 2. I { az�:i rz I i I= za i I I 1 I I I I { t------- I 1 – --- - - - - -I 3,Wa Worm EXHIBIT "A" Page 10 of 10 �w m 10 re- W 0 a a O t] z a CL w Y in 0 Z Q w Y Q r � I M O ci o V 1+414X3 (10 i iOOif Pvilc) o p- z soj�v 000%. Pall"" O O O r p V W o ° _ 4 'ON aDu{S!p 06ou o)p 0.a � W V)� am °ci•`oo /iunO� uoa)aiiar o� !Y} N to ti{ C N Np9n W / Q a °co b CV °O O LU •r°-° mV 'v l.. 'w C7 L7 - b 7 I cn O n ni p o n CD co 2 N Iwo II Ik W W 0 .l O) h t- cn m °i ` U - � a M it 6 O) d m L .n �p V' C V d ° W c tl W a d d O in HF z z W W W U � d O W � x� x W O c 3 O Q 0 o E( O - n 4 >°o° I F'n O U 1 W 1 M O ci o V 1+414X3 (10 i iOOif Pvilc) E p- z soj�v 000%. 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E o N w O<_j OQQ IY O D 2 �~ `+ °- CJ c it o O O O c I L o 1 � 45.06' J Mojor Drive 0 1.1 n r 1 W iaar -. > o Iz D- o 0 a p- z 50 F d (] O W a. p�ZV) m wv 0.a � W V)� WC7W nCL wC) W �J Np9n W QZ -z W 2[ C a x 4 Now LU O CY� W w„ o� .r w O D 2 �~ `+ E 0 a p- z a J F d (] O W a. p�ZV) Q wv 0.a � W V)� WC7W nCL wC) W �J Qa QZ W