HomeMy WebLinkAboutPR 19307: RESCINDING RESOLUTION NO. 15-093 N. , . 4 City of --:-C:',;CM, ilk. lot ort r.thur le la.s 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