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HomeMy WebLinkAboutRES 20-023RESOLUTION NO. 20-023 WHEREAS, Escar W. Davis, Jr. has agreed to convey one (1) five foot (5') wide sidewalk easement, said easement being 5' x 300' out of Lots 1-4, Block 5 of Carver , Terrace Addition, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for the construction of a continuous sidewalk for the Washington Boulevard Phase 2 Street Improvement Project; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and is in the best interest of the City of Beaumont 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, 9 THAT one (1) five foot (5') wide sidewalk easement conveyed by Escar W. Davis, Jr. being 5' x 300' out of Lots 1-4, Block 5 of Carver Terrace Addition, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of February, 2020. P.it ..=- STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § SIDEWALK EASEMENT THAT BEAUMONT FRAME AND FRONT END, hereinafter called "GRANTOR", for and in consideration of the sum of ONE AND N0/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE" or the "CITY", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED and CONVEYED; and by these presents does GRANT and CONVEY unto the said CITY OF BEAUMONT, its successors and assigns a right, privilege, and easement for sidewalk purposes in, over and across that certain tract of land owned by GRANTOR in the CITY OF BEAUMONT, Jefferson County, Texas, said easement described in Exhibit "A" attached hereto and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of constructing, reconstructing, and maintaining sidewalks, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City shall have the right of ingress to and egress from the above described tract of land of the GRANTOR as well as beneath and below the surface of the above described easement for the aforesaid purposes of this easement. The City hereby agrees that upon any exercise of its rights hereunder, that it shall repair any damage caused by the City and restore Grantor's property to the same condition as before City's work, including the relocation of any subsurface improvements such as sprinkler lines. The City also agrees that any work performed under this easement shall not deny pedestrian and vehicular ingress and egress to and from Grantor's property. Acknowledging the limitations placed upon municipalities by the State Constitution, the City agrees, only to the extent allowed by the laws and Constitution of the State of Texas, to indemnify and hold Grantor, and any tenant of Grantor, harmless from claims, actions, costs and damages arising from any injury suffered by third parties due to the City's negligence or intentional acts under this easement. EXHIBIT "A" TO HAVE AND TO HOLD the above described easement unto the said CITY OF BEAUMONT, Jefferson County, Texas, its successors and assigns forever. EXECUTED this day of — BRA 2019. GRANTOR: BEAUMONT FRAME AND FRONT END By:7�� Print Name: Title: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF JEFFERSON :56") oZlJ This ins was acknowledged before me on this a&ay o , by of Beaumont Frame and Front Endwhose nakie is subscribed to the foregoing instfument and who is personally known to me, and acknowledged to me that the same was the act of the said Beaumont Frame and Front End, and that he executed the same for the purposes and consideration therein expressed and in the capacity stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, thiC ay �pAY Pad SUSAN GOODSON d 8 8 NotaryI��:o�ic. State Of Texas, OF e COMM -.0ileS 12-02 2020 , My Notary' ID 762984-5 t nVbRSWMh.Wgr RETURN TO: City of Beaumont Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 Notary Public, State ATexas 5. FOOT WIDTH X 300 FOOT -,LENGTH SIDEWALK EASEMENT WITH THE WIDTH EXTENDING SOUTH FROM THEMOST NORTHERN PROPERTY LINE 3675 WASHINGTON BLVD ------ ------ PROPERTY ID 10PERTY ID PROPERTY ID 19092 19092 19092 LOT LOT LOT 4 3 2 ZL VQ; �:j =- LION I PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION BEAUMONT TEXAS 3675 WASHINGTON BLVD SIDEWALK EASEMENT SKETCH %IIBIT.-A ATE. 10/29/2019 iIIIIIIIIIIIIIIIIIIIIIIII EAS Pgs 2020005132 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § SIDEWALK EASEMENT THAT BEAUMONT FRAME AND FRONT END, hereinafter called "GRANTOR", for and in consideration of the sum of ONE AND N0/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE" or the "CITY", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED and CONVEYED, and by these presents does GRANT and CONVEY unto the said CITY OF BEAUMONT, its successors and assigns a right, privilege, and easement for sidewalk purposes in, over and across that certain tract of land owned by GRANTOR in the CITY OF BEAUMONT, Jefferson County, Texas, said easement described in Exhibit "A" attached hereto and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of constructing, reconstructing, and maintaining sidewalks, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City shall have the right of ingress to and egress from the above described tract of land of the GRANTOR as well as beneath and below the surface of the above described easement for the aforesaid purposes of this easement. The City hereby agrees that upon any exercise of its rights hereunder, that it shall repair any damage caused by the City and restore Grantor's property to the same condition as before City's work, including the relocation of any subsurface improvements such as sprinkler lines. The City also agrees that any work performed under this easement shall not deny pedestrian and vehicular ingress and egress to and from Grantor's property. Acknowledging the limitations placed upon municipalities by the State Constitution, the City agrees, only to the extent allowed by the laws and Constitution of the State of Texas, to indemnify and hold Grantor, and any tenant of Grantor, harmless from claims, actions, costs and damages arising from any injury suffered by third parties due to the City's negligence or intentional acts under this easement. TO HAVE AND TO HOLD the above described easement unto the said CITY OF BEAUMONT, Jefferson County, Texas, its successors and assigns forever. EXECUTED this day of —1 R-c , 2010 GRANTOR: BEAUMONT FRAME AND FRONT END By:� Print Name: Title: 4f:5 i ' ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF JEFFERSON toU) oZ D This instrumenkwas acknowledged before me on this Day o)T , y of Beaumont Frame and Front End whose uake is subscribed to the foregoing ins irpentand who is personally known tome, and acknowledged tome that the same was the act of the said Beaumont Frame and Front End, and that he executed the same for the purposes and consideration therein expressed and in the capacity stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, thil3 ay )MnV b/mrb Nib �IPV /W ^r �reY �b ^r lr a �Y p� SUSAN GOODSON ~p 8 �`p mG Notary ?�,ofic. State Of Texast �� COM -- pins 12-02 20201 oFs ►wy Notary ID 762984-5 ))t bRI -'-Amon tt oI tiQ/,V epl/yb�V• RETURN TO: City of Beaumont Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 Notary Public, exas r Y 4 L,N` TiH Iii�_l TH • : Yi 1+ .ouTI A 3615WASHfIN�G++.OWN +BL�;e rat- ` - Y PROPERTY ID "' } j PERTY ID PROPERTY . ID l� 19092. 19092 19092 , LOT I LOT x DLO` 4 1 r` f rr r �— r r i - -• i '.• n 'c x PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION BEAUMONT TEXAS 3675 WASHINGTON BLVD SIDEWALK EASEMENT SKETCH <.t �) FOSY"a' ASEMENN' " TENiffliNG' �. Y �LI�NwE a S T EK=rr—A DATE: 10/29/2019