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Home My WebLink AboutRES 21-154RESOLUTION NO, 21-154 WHEREAS, the City of Beaumont, Texas has agreed to convey one (1) drainage easement, said easement being a strip of land out of the J.W. Bullock League, Abstract No. 7, Beaumont, Jefferson County, Texas, described and shown in Exhibit "1," attached hereto, to Jefferson County Drainage District No. 6 to facilitate construction and maintenance of a ditch on city -owned property at the end of Parish Street and Proctor Street which will deliver storm run-off from the railroad ditch, Parish Street, and Proctor Street to the Fleetwood Detention Basin located on Washington Boulevard; and, WHEREAS, the City Council has considered the public 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, THAT the City Manager be and he is hereby authorized to execute one (1) drainage easement, said easement being a strip of land out of the J.W. Bullock League, Abstract No. 7, Beaumont, Jefferson County, Texas, described and shown in Exhibit "1," attached hereto, to Jefferson County Drainage District No. 6 for drainage improvement 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 29th day of June,2021. Mayor Robin outon - DRAINAGE EASEMENT STATE OF TEXAS § COUNTY OF JEFFERSON 16 KNOW ALL MEN BY THESE PRESENTS: CITY OF BEAUMONT, whose address is 801 Main Street, Beaumont, Texas 77701 , (hereinafter called "GRANTOR"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), in hand paid and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and subject tothe reservations and exceptions described herein,does hereby GRANT, BARGAIN, SELL and CONVEY unto Jefferson County Drainage District No. 6 (hereinafter called "GRANTEE"), its successors and assigns, a perpetual drainage easement for constructing, operating and maintaining stonnwater drainage ditches, berms and related facilities in, on, over and across the lands described herein, attached hereto and made a pad hemarfas though here copied verbatim, for drainage purposes. The drainage easement, situated in the LW. Bullock League, Abstract 7, Beaumont, Jefferson County, Texas, is more particularly described as follows, to-wil: Fleetwood Detention Basin Being a strip of land out of the J.W. Bullock League, Abstract 7, Beaumont, Jefferson County, Texas, and also being out of those two tracts ofland conveyed to the City of Beaumont and recorded in the Deed Records of Jefferson County, Texas, Volume 1404, Page 602 and Volume 1095, Page 93; said strip of land being the West 67 feet of the said tract in Volume 1404 and the Southwest corner of the said tract in Volume 1095; said Southwest corner tract being 67 Icet measured along the South Her from the Southwest tamer, and 115 feet measured along the West line from the Southwest earner; said corner beef's East and North lines narrowing from South to North, and staying 3 feet away from the chain link fence surrounding the water tower said strip of land being depicted on the attached Exhibit "A" incorporated herewith as reference. Such drainage easement is granted over GRANTOR's lands to improve the flow of water drainage from tributaries located within Jefferson County, Texas, and to construct and excavate detention basins, ditches and laterals, and to com muct all necessary and related structures, whether temporary or permanent thereon for the pooling and flow of waters, and giving said GRANTEE the right and privilege to improve, maintain and operate the same as permitted by law, and giving unto GRANTEE the right and privilege of cleaning out and deepening basins, ditches, or water flows within the easementtra t. The drainage easement also includes the right ofGRANTEEto construct, operate, maintain, alter, repair and patrol each drainage easement, and the improvements, including pipes, made thereto, together with the right to constmet any necessary temporary or permanent drainage matrons, constroct and utilize didplacemenl areas, restrict arty future use orplacement of obstructions within the drainage easement that ineumpalible with GRANTEE's easement, remove all did therefrom, trim, cut, fell and remove therefrom all trees, underbrush, obstructions and other vegetation, structures or obstacles within the limits of the drainage easement at any time and forany reason riming the term of this easement without further payment; and further including the right to construct improvements above ground and underground essential to the GRANTEE's drainage facilities, within the limits of said drainage easement. GRANTEE will maintain thepipes placed in the drainage easement. Notwithstanding the foregoing devise, the following reservations and exceptions will apply to and limit the conveyance of the easement described herein: 1. GRANTOR reserves auto itself, it successors and assigns, the right to exercise all such interests, rights, and privileges as it may now have or may hold in the future without unseasonably interfering with or abridging the rights and easements conveyed herein - 2. The consideration recited in this drainage easement shall constitute payment in full for all damages sustained by GRANTOR by reason ofGRANTEE's exercise ofthe rights hereby granted. City of Beaumont Dninsge Easement Fleetwood Detention Basin Page 1 of2 EXHIBIT "1" This instnunent 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 drainage easement and right fway unto the said Jefferson County Drainage District No. 6, its successors and assigns perpetually. WITNESS the execution hereof on this day of .2021. GRANTOR: CITY OF BEAUMONT Title: STATE OF TEXAS COUNTY OF JEFFERSON This Drainage Easement was acknowledged before me, the undersigned authority, on the _day of ,2021, by the on behalf of the City of Beaumont. After recordine return to - Dr. Joseph Majdalani, PE, CFM Jefferson County Drainage District No. 6 6550 Walden Road Beaumont, Texas 77707 DC/pk/Easemenl Notary Public, State of Texas City of Beaumont Drainage Easement Fleetwood Detention Basin Page 2 of 2 MUWM IPa DR. k cm or ernuMorvr wzaD or es water rower n z ljl'rEE — II �I I II DDExisting Jeffer� Fleetwood Detei P88PI " JEFFERSON COUNTY DRAINAGE DISTRICT No. a ENGINEERING DEPARTMENT TLw. 23 Dec 2020 a� R� rAsoxnT °o"O'�''F 0- xox �/ �e' rove „ \ JI IL 1a.0 I d MR. S% WAY � 341' tl 1 y� \ / E I c o � 1�i SdJ yy � �aI 9 I I JEFFERSON COUNTY DRAINAGE DISTRICT No. 6 FLEETWOOD DETENTION BASIN ADD —ON OUT OF THE CITY OF BEAUMONT TRACTS BEAUMONT, JEFFERSON COUNTY, TEXAS DRAINAGE EASEMENT EXHIBIT "A" 5 P95 2021026855 Q �Tv'�� °q,,, ' F TRUE AND CORRECT EAS ; ��'' :��`� ' : = COPY OF ORIGINAL FILED IN JEFFERSON DRAINAGE EASEMENT �'' �� COUNTY CLERK'S OFFICE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS - COUNTY OF JEFFERSON § CITY OF BEAUMONT, whose address is 801 Main Street, Beaumont, Texas 77701, (hereinafter called "GRANTOW1, for and in consideration of the sum of TEN AND NOl100 DOLLARS ($10 00), in hand paid and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and subject to the reservations and exceptions described herein, does hereby GRANT, BARGAIN, SELL and CONVEY unto Jefferson County Drainage District No. 6 (hereinafter called "GRANTEE"), its successors and assigns, a perpetual drainage easement for constmcting, operating and maintaining stormwater drainage ditches, berms and related facilities in, on, over and across the lands described herem, attached hereto and made a part hereofas though here copied verbatim, for drainage purposes The drainage casement, situated in the J W. Bullock League, Abstract 7, Beaumont, Jefferson County, Texas, is more particularly described as follows, to -wit Fleetwood Detention Basin Being a strip of land out of the J.W. Bullock League, Abstract 7, Beaumont, Jefferson County, Texas, and also being out of those two tracts of land conveyed to the City of Beaumont and recorded in the Deed Records of Jefferson County, Texas, Volume 1404, Page 602 and Volume 1095, Page 93; said strip of land being the West 67 feet of the said tract in Volume 1404 and the Southwest corner of the said tract in Volume 1095; said Southwest corner tract being 67 feet measured along the South line from the Southwest corner, and 115 feet measured along the West lime from the Southwest corner; said corner tract's East and North Ines narrowing from South to North, and staying 3 feet away from the chain hnk fence surrounding thewater tower; said strip of land being depicted on the attached Exhibit "A" incorporated herewith as reference. Such drainage easement is granted over GRANTOWs lands to improve the flow of water drainage from tributaries located within Jefferson County, Texas, and to construct and excavate detention basins, ditches and laterals, and to construct all necessary and related structures, whether temporary or permanent thereon for the pooling and flow of waters, and giving said GRANTEE the right and privilege to improve, maintain and operate the same as permitted by law, and giving unto GRANTEE the right and privilege of cleaning out and deepening basins, ditches, or water flows within the easement tract The drainage easement also includes the right of GRANTEE to construct, operate, maintain, alter, repair and patrol each drainage easement, and the improvements, including pipes, made thereto, together with the right to construct any necessary temporary or permanent drainage structure, construct and utilize dirt placement areas, restrict any Aiture use or placement of obstructions within the drainage easement that mcompatible with GRANTEE's easement, remove all dirt therefrom, tun, cut, fell and remove therefrom all trees, underbrush, obstructions and other vegetation, strictures or obstacles within the limits of the drainage easement at any time and for any reason during the term of this easement without further payment; and fiirther including the right to construct improvements above ground and underground essential to the GRANTEE's drainage facilities, witbm the limits of said dramage easement GRANTEE will maintain the pipes placed in the drainage easement Notwithstanding the foregoing devise, the following reservations and exceptions will apply to and limit the conveyance of the easement described harem 1 GRANTOR reserves unto itself, its successors and assigns, the right to exercise all such interests, rights, and privileges as it may now have or may hold in the future without unreasonably interfering with or abridging the rights and easements conveyed harem 2 The consideration recited in this drainage easement shall constitute payment in full for all damages sostained by GRANTOR by reason of GRANTEE's exercise of the rights hereby granted City of Beaumont Drainage Easement Fleetwood Detention Basin Page t of 2 . ngOnlrlq :. utaTY C ary TRUE AND CORRECT COPY OF ORIGINAL `E FILED IN JEFFERSON ,gl,V�` COUNTY CLERK'S OFFICE '�Sf)A CO This instrument was prepared from information funushed by the parties and no examination has been made and no oprmon 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 drainage easement and right of way unto the sand Jefferson County Drainage District No 6, its successors and assigns perpetually WITNESS the execution hereof on this 2 day of J �1 2021 GRANTOR: CITY OF RFAUMONT By: L I L Printed Name K Title OF TEXAS u ThisDngg =geserWaaclmowledg re roe, the dersn ed onty, on the day of 202 , the on of the City of Beaumont. NA 1. BROUSSARD ' Public, State of Texas as Tim Expires 01-12-2023 Notary Public, State of Texas Notary ID 11435119 After recording return to: Dr JosephMajdaham, PE, CFM Jefferson County Drainage District No 6 6550 Walden Road Beaumont, Texas 77707 DC(pkIPAsement City ofBeaumont Drainage Easement Fleetwood Detention Basin Page 2 of 2 TRUE AND CORRECT COPY OF ORIGINAL FILED IN JEFFERSON COUNTY CLERK'S OFFICE STATE OF TEXAS COUNTY OF JEFFERSON This Drainage Easement was acknowledged before me, the undersigned authority, on the day o 2021, by Kyle Hayes, the City Manager on behalf of the City of Beaumont { 87EPHAME GMDY � MY Y ID 112612iON �' N1• BOW WY22.2423 COUNTY Cam`"' a TRUE AND CORRECT COPYOFORIGINAL �i j FILED IN JEFFERSON �•;�� COUNTY CLERIC'S OFFICE MUMGiPAL DR i— e� a� 4 6 OFF �IIR EM d = 10 TFeel CIiY OF BEAUMONT W20O OF e5 way Tower ilr WE FL (00 or HOPE �E CONC smu.WAY Z w HO r `d vgg 21V o� Existing Jefferson oun y D Fleetwood Detention Baste_ — PBEPABM BP MUTERSON COUNTY DRAINAGE D9=CT NO. 6 ENG4D3=G DEPARTMENT Thur. 29 De0 2020 JEFFERSON COUNTY DRAINAGE DISTRICT No. 6 FLEETWOOD DETENTION BASIN ADD —ON OUT OF THE CITY OF BEAUMONT TRACTS BEAUMONT, JEFFERSON COUNTY, TEXAS DRAINAGE EASEMENT EXHD3IT "A" FILED AND RECORDED OFFICIAL PUBLIC RECORDS Theresa Goodness, County Clerk Jefferson County, Texas August 02, 2021 11 17 03 AM FEE $38 00 2021026855 I CERTIFY THIS IS A TRUE COPY Witness my Hand and Seal of Office ;THEIRESAG�� SUNTY CLERK C T S - —DEPUTY ark