HomeMy WebLinkAboutPR 19307: RESCINDING RESOLUTION NO. 15-093 N. , .
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INTEROFFICE MEMORANDUM
UTILITY OPERATIONS DEPARTMENT-ADMINISTRATION
Date: March 10, 2016
To: Brian McDougal, City Manager
From: Jimmie Johnson, Ph.D., Director of Utility Operations
RE: Proposed Resolution No. 19307
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 19307 rescinding
Resolution No. 15-093 and accepting abandonment of 15' Utility Easement from the
Port Arthur Housing Authority, which originally was for the purpose of installing,
maintaining, operating, and replacing public water utilities on a portion of their property
to serve the proposed Terminal Road Elevated Water Storage Tank.
BACKGROUND
The proposed demolition of Carver Terrace to "Green Space" requires the land be
cleared of any legal matters, which includes, but is not limited to, deeds and easement.
Arceneaux Wilson & Cole LLC recommends rerouting of the sanitary sewer for the
Terminal Road Elevated Water Storage Tank force main to the north through the park
on City property and discharge into a manhole in the intersection at of W. 15th St. and
Dewalt Ave. The fifteen-foot (15') utility easement through the Carver Terrace property
must be abandoned in order to comply with the federal funding program to demolish
the site.
BUDGET/FISCAL EFFECT
None.
STAFFING/EMPLOYEE EFFECT
None
SUMMARY
I recommend that the City Council approve P.R. No. 19307 rescinding Resolution No.
15-093 and accepting abandonment of 15' Utility Easement from Port Arthur Housing
Authority.
P.R. No. 19307
03/10/16 jj
RESOLUTION NO.
A RESOLUTION RESCINDING RESOLUTION NO. 15-093 IN ITS
ENTIRETY, AND AUTHORIZING THE EXECUTION OF AN
EASEMENT TO THE PORT ARTHUR HOUSING AUTHORITY
WHEREAS, the City Council of the City of Port Arthur approved Resolution No.
15-093 accepting a water utility easement from Port Arthur Housing Authority for the
construction, installation, laying, and maintaining of water utilities in the City of Port
Arthur under, though, and across a portion of their property in connection with utility
services of the City of Port Arthur; and,
WHEREAS, the public waterline was not constructed within the aforesaid
easement, and the City Council deems it appropriate to rescind Resolution No. 15-093
in its entirety and authorize the execution of an easement returning said property to the
Port Arthur Housing Authority.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
THAT, Resolution No. 15-093 is hereby rescinded in its entirety.
THAT, the City Manager is hereby authorized and instructed to execute an
easement returning said property to the Port Arthur Housing Authority, in substantially
the same form as attached hereto as Exhibit "A".
THAT, the easement shall be filed of record in the office of the County Clerk of
Jefferson County, Texas.
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED THIS day of March, 2016, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote: AYES:
Mayor: ,
Councilmembers: ,
NOES: .
Deloris Prince
Mayor
ATTEST: APPROVED AS TO FORM:
jy:
Sherri Bellard Valecia Tizeno
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
Brian McDougal
City . ger
Jimmie Johnson, Ph.D.
Director of Utility Operations
EXHIBIT "A"
(Easement)
EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
THAT, the City of Port Arthur, Texas, a Municipal Corporation, hereinafter called
Grantor(s), for and in consideration of the sum of Ten And No/100 ($10.00) dollars and
other good and valuable consideration, the receipt of which is hereby acknowledged
and confessed, have granted, sold and convey and by these presents do grant, bargain,
sell and convey unto the Port Arthur Housing Authority, all right, privilege, title, and
easement in, under, and across the following described tract of land situated in
Jefferson County, Texas, to-wit:
For metes and bounds description and sketch, see Exhibits "A" and "B",
respectively, attached hereto and incorporated by reference.
THAT, the Water Utilities Easement previously filed and recorded on April 29,
2015, under File No. 2015013363, of the Official Public Records of Jefferson County,
Texas, from the Port Arthur Housing Authority to the City of Port Arthur, Texas, was in
error, and the City of Port Arthur, Texas, is returning said property to the Port Arthur
Housing Authority.
THAT, it is expressly understood and agreed that the Port Arthur Housing
Authority shall have all right and title to the property described above.
TO HAVE AND TO HOLD the same unto the City of Port Arthur, Texas, its
successors and assigns forever.
WITNESS my hand this day of , A.D.,
2016.
Brian McDougal, City Manager
City of Port Arthur, Texas
APPROVED AS TO FORM:
Val Tizeno, City Attorney
ACKNOWLEGEMENT
THE STATE OF TEXAS §
§
COUNTY OF JEFFERSON§
BEFORE ME, the undersigned authority, on this day personally appeared
Brian McDougal, City Manager for the City of Port Arthur, known to me to be the
person(s) whose name(s) is(are) subscribed to the foregoing instrument and
acknowledged to me that he executed the same as the act and deeds of the City
of Port Arthur, for the purposes and consideration therein expressed, and in the
capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day
of March, 2016.
Notary Public for the State of Texas
RETURN TO:
CITY OF PORT ARTHUR
Legal Department
P. 0. Box 1089
Port Arthur, Texas 77641-1089
COPY TO:
PORT ARTHUR HOUSING AUTHORITY
c/o Seledonio "Cele" Quesada, Executive Director
920 DeQueen Blvd.
Port Arthur, TX 77640