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HomeMy WebLinkAboutRES 24-156RESOLUTION NO. 24-156 M IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, an agreement has been negotiated for the conveyance of a drainage easement to Jefferson County Drainage District No, 6 to construct a new drainage channel, Ditch 100-E that will run along the north side of an LVNA Canal between 1-10 and Major Drive; and, WHEREAS, the City of Beaumont owns land needed for the new drainage channel as described in the description hereto attached as Exhibit "A,"; and, WHEREAS, the easement is described as being a 0.413 acre drainage easement situated in the Charles Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas and being out of and pact of a called 1.896 acne tract of land conveyed to the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the conveyance of land as described in attached Exhibit "A," be and the sane is hereby approved; and, THAT the City Manager be and he is hereby authorized to convey the land as described and attached hereto as Exhibit "A," to Jefferson County Drainage District No. 6. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Governnient Code, Chapter 551. PASSED BY 2024. CIL of the City of Beaumont this the 2nd day of July, - Mayor Roy West - DRAINAGE EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEF ERSON 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 N01100 DOLLARS ($10,00), in hand paid and other good and valuable consideration, the receipt and sufficiency of which is liereby acknowledged, and subject to tite reservations and exceptions described herein, does hereby GRANT, BARGAIN, SELL and CONVEY unlo Jefferson County Drainage District No, 6 (hereinafter called "GRANTEE"), its successors and assigns, a perpetual drainage easement for constructing, operating and maintaining stounwater drainageditches, benns and related facilities in, on, over and across the lands described herein, attached hereto and made a part hereof as though here copied verbatim, for drainage purposes. The drainage easement, situated in tine Charles Williams Survey, Abstract 59, Beaumont, Jefferson County, Tcxas, is more particularly described as follows, to -wit: Ease►nent Tract - JCDD6 Ditch 100-E Tieing a 0.413-acre tract of land out of the Charles Williams Su►vey, Abstrnet 59, Beaunont, Jefferson County, Texas, and being out of a called 1.896-acre tract of Iand conveyed to the City of Beaumont as recorded in tkre Deed Records of Jefferson County, Texas, Film File 104-17-1233, said 0.413-acre tract being more particularly depleted on the attached Exhibit "A" incorporated herewith. its reference. Such drainage easement is granted over GRANTOR's lands to improve the flow o€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 struotures, whether temporary or permanent thereon for the pooling and flow of waters, and giving said GRANTEF 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 casement 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 future use or placement of obstructions within the drainage easement that incompatible with GRANTEE's easement, remove all dirt therefrom, trim, out, fell and remove therefrom all trees, underbrush, obstructions and other vegetation, structures or obstacles within the limits of the drainage casement at any time and for any reason during 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 the pipes placed in the drainage casement. Notwithstanding the foregoing devise, the following reservations and exceptions will apply to and limit the conveyance of the easement described herein: 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 herein, 2. The consideration recited in this drainage easement shall constitute payment in full for Ell[ damages sustained by GRANTOR by reason of GRANTEE's exercise of the rights hereby granted. City of Beaumont Drainnge I asen►ent JCDD6 Dttch too-L Page 1 of 2 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 drainage easement and right of way unto the said Jefferson County Drainage District No. 6, its successors and assigns perpetually. WITNESS the execution hereof on this day of , 2024. GRANTOR: CITY OF BEAUMONT By: Printed Name: Title: STATE OF TEXAS COUNTY OF JEFFERSON This Drainage Easement was acknowledged before me, the undersigned authority, on the day of , 2024, by the After recording return to, Jefferson County Drainage District No, 6 Attn: Paula Karasek, Exec. Asst, 6550 Walden Road Beaumont, Texas 77707 DC/pt:/Easenient on behalf of the City of Beaumont. Notary Public, State of Texas City ni Destumont Drainage Casement JCDD6 Ditch 100-C Page 2 of 2 Yefferson cormiy Drainage District .?do, 6 6550 rWa(den qf, . 03eanfuont, Tuns 77707 Telephone (409) 842-1818 Ta.K(409) 842-2729 Iistabrrshed in 1920 Board of Dlrectors; Joshua W. A11021 Sr. Doug S. Cansnt Jr., PE, RPLS, CGh1 president Chief opernullg wricer chsrlas'°Chuck" Gulllory secrel.ry Dornard Dalco Jr. Mice President Anthony "Tony" Malloy Ili 11ircoor June 6 2024 Charles "Chuck" Ifikor In Mrerlor DRAINAGE EASEMENT JCDD6 Duch 100E GRANTOR: CITY OP BEAUMONT GRANTEia; JRPPERSON COUNTY DRAINAGE DISTRICT No. 6 BE, ING a 0.413-acre tract of land out of the Clnnrles Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas, and being out of a called 1.896-acre tract of land conveyed to [he City of Beaumont as recorded in the Deed Records, of Jefferson County, Texas, f ilnt File 104-17-121 I; said 0A13-acre tract being more parliculnrly described by metes and bounds its follows: BEGINNING at a found iron, rod for the Southwest corner of the tract herein described, the Southwest corner of the said 1.896-acre tract, the Soulllcast corner of it called 47,261-aere tract conveyed to Dowlen Extension LLC as recorded in the Real Property Records of Jefferson County, 'Texas, File 2008030894, and in the North line of the Lower Neches Valley Authority right-of-way ns recorded in the Deed Records of Jefferson County, Texas, Volume 1020, Page 252 and called Tract 1; said iron rod having a coordinate of North 13961702.4, East 3495289.24; THENCE along a curve to the right, the West line of the tract herein described, the said 1.896-acre tract, and the East line of the said 47.261-acre tract, having a chord bearing of North 10"09'30" East, a radius of 1,415.11 feet, a delta of 07°l6'50 and a chord distance of 179.73 feet to a set capped iron rod for the Northwest Corner of the tract herein described; THENCE North 86°59'20" Mist, along the North line of the tract herein described and over and across the said 1.896-acre tract, it distance of 104.25 feet to a set capped iron rod for the Northeast corner of the tract herein described, and in the East line of the said 1,896-acre tract and the West line of a called 1.389-acre tract conveyed to Jayaslna Properties LP as recorded in the Real Property Records of Jefferson County, Texas, File 2010000640; THE, NCE along a curve to the left, the East line of the tract herein described, (lie said 1.896-acre tract, and the West line of the said 1.389-acre tract, having it chord bearing of south 10°55'43" West, a radius of 1,383.75 feet, a delta of 07°27'50", and a chord distance of 180.14 feet to a found iron rod for the Soulhcast corner of the tract herein described and the said 1.896-acre tract, and the Southwest corner of the said t .389-acre tract, and in the North line of the said Lower Neches Valley Authority Tract 1; THENCE South 86°53'43" West, along the south line of (lie tract herein described and the said 1.896-acre tract, and in the North line of the said Lower Neches Valley Authority Tract I, a distance of 101.81 feet to the PLACE OF BEGINNING containing 0.413 acres of land more or less. Doug S. Cann nt, Jr„ PE, RPLS, CFM ate All records mentioned are the Jefferson County Cleric's records. * All set Iron rods Are'/V with aluminum cap stamped "DD116". *" Hearings and coordinates are based on the'I'exas South Central State Plane Coordinate System (4204). "** A survey plat was prepared, which accompanies this field note description. CXHIBIT "A" METES AND BOUNDS WERE PREPARED WHICH ACCOMPANIES THIS SURVEY PLAT. All Doarings are based on the Texas South Control State Plano Coordlnoto System (4204) Legondl Parent Tract C C Subfool Properly ® Indlooles Found Iron Rod O Sat Iron Rod With Cap Stamped DD#6 Curve 7sblo Curve 0 Aro 400h Rediue I DbIta I Chord LeuS% Chord Deering c! 170M' MOM' I 00rle'S0" 1 179.73' N10' at, 80"8 C1 no.£7' lisesarloorwoo"I laoav sio• co, 43'lr Dowlen Extension LLC R.P.R.J.C. File 2008030894 Coiled 47.261 Acres N860 5912011E Prepared By Jefferson County Drainage District No, 6 Engineering Department f00.Ct`ryetle,umonedny / Cityy of Beaumont D,R.J,C. Film File 104-17--1211 Called R.Q.W. Tract No. 2 Called 1.896 acres Q IE' 3406280,24' LS860 S3143'$1V 101.81, . d Lower Neches )6R5CA1tANrIJk Valley Authority 200' G201 Y D.R.J.C. Vol. 1020 Pg. 252 Called Tract 1 I HEREBY CERTIFY THAT I HAVE PREPARED THIS PLAT rROM AN ACTUAL AND ACCURATE SURVEY Or THE LAND, WITH NO IMPROVEMENTS SHOWN. , 0 " REOISTEREO PROFESSIONAL LAND SURVEYOR ielleryon CounFy Drainage Dleldal No. 8 0550 Walden Road Deaumonl, Texas 77707 (400) 842-1810 Daingslwtt Properties LP R.P,R.J.C. File 2010000840 Called Tract VI 1.389 Acres Jefferson County Drainage District No. 6 Ditch 100--B Survey of a 0.413 Acre Basement out of the —f City of Beaumont Tract of land in the C Williams Survey Exhibit "A" Jefferson fig, Beaumont, Jefferson County, Texas