HomeMy WebLinkAboutPR 19732: DRAINAGE EASEMENT City of ___
ort rthur
Texas
INTEROFFICE MEMORANDUM
PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV.
Date: March 29, 2017
To: Brian McDougal, City Manager
From: Armando Gutierrez, Jr., P.E., Director of Public Works
RE: Proposed Resolution No. 19732—Drainage Easement
RECOMMENDATION
It is recommend that the City Council approve P. R. No. 19732 authorizing the City Manager to accept a
Drainage Easement from Jack Brooks Airport — Jefferson County for the purpose of establishing a
drainage system to serve a new development, as well as maintain existing drainage facilities located
within the abandoned portion of 90th Street.
BACKGROUND
There are proposed developments totaling approximately 36 acres within the enclosed area of El Paso
Avenue, FM 365, the airport property and 9r Street. Jefferson County, Jack Brooks Airport, has offered
to grant a drainage easement access on their property to the City of Port Arthur for drainage access and
maintenance of our drainage system. The total acres will be approximately three (3) acres.
BUDGET/FISCAL EFFECT
N/A
SUMMARY
Acquiring this easement will increase the outfall capacity improving the overall drainage protection for
the new development described previously in the background description.
"Remember we are here to serve the Citizens of Port Arthur"
P.R. 19732
03/29/17 rtb
RESOLUTION NO.
A RESOLUTION ACCEPTING A DRAINAGE EASEMENT FROM THE
JACK BROOKS REGIONAL AIRPORT OF JEFFERSON COUNTY ,
TEXAS, BEING PART OF AND A PART OF LOTS 5, 6, 13 AND 14
BLOCK 8 OF THE HILLCREST SECOND ADDITION "ACRES" IN
PORT ARTHUR, TEXAS.
WHEREAS, investors of property behind the Best Buy Shopping Area,
approximately 36 acres, are planning to develop a market value multi-family dwelling
and a commercial business park; and,
WHEREAS, stormwater runoff requirements shall be met per engineering
standard requirements; and,
WHEREAS, the City of Port Arthur, has been offered property from the
adjoining property owner, Jefferson County — Jack Brooks Airport, a seventy-five foot
wide by one thousand four hundred thirteen feet long area of land totaling 3.03 acres
to create a drainage easement to meet the design and calculation requirements for
stormwater runoff and to maintain existing drainage facilities located within the
abandoned portion of 90th Street (see attached Exhibit"A"); and,
WHEREAS, the City Council deems it appropriate to accept the Drainage
Easement from the property owner, Jefferson County — Jack Brooks Airport, for the
construction and maintenance of the drainage easement which will be maintained by
City forces; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and,
P.R. 19732
Page 2
THAT, the City Manager of the City of Port Arthur hereby authorize and
instructed to execute and accept a Drainage Easement from Jack Brooks Airport —
Jefferson County for the purpose of constructing and maintaining a drainage easement,
in substantially the same form as described in Exhibit "A", attached and made a part
hereof; and,
THAT, said Drainage Easement shall be filed for record in the office of the
County Clerk of Jefferson County, Texas; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED this the day of , A.D. 2017
at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Mayor
Derrick Freeman
Attest:
City Secretary
Sherri Bellard
P.R. 19732
Page 3
APPROVE AS TO FORM: APPROVED FOR ADMINISTRATION:
i r n
Valecia Tizeno Brian McDougal
City Attorney City Manager
Armando Gutierrez, Jr., P.E.
Director of Public Works
Exhibit "A"
(Easement)
DRAINANGE EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
THAT, Jefferson County-Jack Brooks Regional Airport, hereinafter called
"Grantor(s)", for and in consideration of the sum of TEN AND NO/100 ($10) DOLLARS
cash and other consideration to us in hand paid by the City of Port Arthur, Texas, a
Municipal Corporation, (hereinafter called the "City"), as well as other good and valuable
considerations, receipt of all of which is hereby acknowledged and confessed, have
GRANTED, SOLD, and CONVEYED and by theses presents do GRANT, SELL and
CONVEY unto the said City of Port Arthur, Texas, a right, privilege and Easement in,
under, and across the tracts of land situated in Jefferson County, Texas to wit:
For metes and bounds description & sketch, see Attachments
"A" & "B", respectively, attached hereto and incorporated by
reference.
Said Easement shall be exclusive and shall be for the purpose of constructing,
installing, laying, maintaining, and repairing a line or lines for water utilities purposes and
it is granted subject to these provisions.
I
It is expressly understood and agreed that the City shall have the right of ingress to
and egress from the above described tracts of land for the aforesaid purposes of this
Easement, as to provide water to the adjoining properties.
II
It is expressly understood and agreed that the City shall have the right to temporary
use of such adjacent property to the above designated Easement tracts as is reasonably
needed for working room to accomplish the aforesaid purposes of this Easement.
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., 2017.
Jefferson County-Jack Brooks Regional Airport
By:
Print Name:
Title:
APPROVED AS TO FORM:
City Attorney
ACKNOWLEGEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally appeared
known to me to be the person(s) whose name(s) is
(are) subscribed to the foregoing instrument and acknowledged to me that he/she executed
the same for the purposes and consideration therein expressed and as the act and deed on
behalf of Jefferson County-Jack Brooks Regional Airport.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the
day of _ , 2017.
Notary Public for the State of Texas
SEAL
RETURN TO:
CITY OF PORT ARTHUR
ATTN: Valecia Tizeno
City Attorney
P. O. Box 1089
Port Arthur, Texas 77641-1089
ACCEPTANCE OF EASEMENT
This easement was accepted by the City of Port Arthur per Resolution No.
approved by the City Council on .
WITNESS MY HAND this day of , 2015.
CITY OF PORT ARTHUR
By:
Brian McDougal,
City Manager
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME,the undersigned Notary Public, on this day personally appeared Brian McDougal
City Manager of the City of Port Arthur, known to me to be the person whose name is 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 considerations therein expressed, and in
the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 2017.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
Attachment "A"
(Metes&Bounds description by Bob Shaw Engineers)
Metes & Bounds Description
75 ft. wide Drainage Easement
3.03 acres of land situated in
Lots 5, 6, 7, 13 & 14, Block 8 of
Hillcrest Second addition "Acres"
Being a 3.03 acre tract of land, 75 ft. in width for drainage purposes, over and across a portion of
the Jefferson County Airport tract and Lots 5, 6, 7 13 & 14, Block 8 of Hillcrest Second Addition
"Acres", a map or plat of which is recorded in Volume 4, Page 106 of the Map Records of said
county and being more particularly described by metes and bounds as follows:
Beginning at point located on the at the intersection of the northerly right of way line of 90th Street,
a 50 ft. wide public dedicated right of way, with the easterly line of said Jefferson County Airport
tract marking the Northeast corner of the herein described tract of land; said point also being the
northeast corner of the abandoned portion of said 90th Street;
Thence South 66 deg. 29 min. 30 sec. East along said easterly line, over and across said 50 ft.
wide right of way, with the upper easterly line of this tract a distance of 52.5 ft. to a point located
on the southerly line of said 90th Street marking an angle point for corner of the herein described
tract of land; said point also marks the Northwest corner of that certain tract of land (called 0.943
acres)as conveyed by deed to Jefferson County recorded in Vol. 1663, Pg. 60 of the deed records
of said county and the most westerly corner of that certain tract of land (Called Tract 1 — 17.914
acres) as conveyed by deed to CABB JV, LLC recorded in Clerk File No. 2016034599 of the
Official Public Records of Real Property of said county;
Thence South 41 deg. 13 min. 00 sec. West along the southerly line of the abandoned portion of
90th street with a southerly of this tract a distance of 25.0 ft. to a point located on the westerly line
of a 25 ft. City of Port Arthur utility easement recorded in Vol. 2226, Pg. 216 of said deed records;
Thence South 48 deg. 47 min. 00 sec. along the westerly line of said City of Port Arthur 25 ft.
wide utility easement with the easterly line of this tract a distance of 1412.9 ft. to a point located
on the northerly line of a 20 ft. wide City of Port Arthur utility easement recorded in Volume 1419,
Page 39 of said deed records marking the Southeast corner of the herein described tract of land;
Thence South 41 deg. 13 min. 00 sec. West along the northerly line of said City of Port Arthur 20
ft. wide utility easement with a southerly line of this tract a distance of 75.0 ft. to a point marking
the Southwest corner of the herein described tract of land;
Thence North 48 deg. 47 min. 00 sec. West, 75.0 ft. perpendicular to and parallel with the westerly
line of said City of Port Arthur 25 ft. wide utility easement, along the lower westerly line of this
tract a distance of 1387.9 ft. to a point located marking the an ell corner of the herein described
tract of land; said point being 25.0 ft. perpendicular to the southerly right of way line of the
aforementioned abandoned 90th Street
Thence South 41 deg. 13 min. 00 sec. West, 25.0 ft. perpendicular to and parallel with the
southerly right of way line of the abandoned 90th Street, along a southerly line of this tract a
distance of 249.2 ft. to a point marking an angle point for corner of the herein described tract of
land;
Thence South 86 deg. 18 min. 00 sec. West along the upper westerly line of this tract a distance
of 105.9 ft.to a point located on the northerly right of way line of the abandoned 90th Street marking
the southeast corner of the Jefferson County Drainage Distrcit No. 7 "Lee Ditch Lateral 1" 100 ft.
wide right of way recorded in Clerk File No. 2005007676 of said Official Public Records and the
Northwest corner of the herein described tract of land;
Thence North 41 deg. 13 min. 00 sec. East along said northerly right of way line with the northerly
line of this tract a distance of 409.0 ft. to the Northeast corner and Place of Beginning containing
in area 132,140 ft. or 3.03 acres of I_ d, more or less.
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Notes: 'IDSU��
1. Bearings referenced to the southerly right of way line of 90th street, South 41 deg. 13 min. 00
sec. West.
2. Sketch accompanies metes and bounds description.
3. For purposes of this description only, the cardinal direction of 90th Street is assume to be East-
West.
Attachment "B"
(Survey Drawing by Bob Shaw Engineers.)
NUMBER DIRECTION DISTANCE JEFFERSON COUNTY
LI S 66'29'30" E 52.5' DRAINAGE DIST. NO. 7
L2 S 41'13'00" W 25.0' LEE DITCH LATERAL NO. 1
"4""
700 FT. R.O.W.
L3 S 48'47'00" E 1412.9' VOL. 1663, PG. 60
L4 S 4113'00" W 75.0' D.R.J.C.
L5 N 48'47'00" W 1387.9
L6 S 4113'00" W 249.2'
L7 S 8618'00" W 105.90'
L8 N 4113'00" E 409.0' ,
I 0 200
I SCALE IN FEET
ABANDONED P.O.B.
90TH STREET 7s DRAINAGE 90TH STREET
50' R.O.W. EASEIdENT
L 50' R.O.W.
lir.:.
S 41'13'00" W
L6 I (REFERENCE BEARING)
P EXIST. 8" SAN.
PROPOSED OSED 75 FT. WIDE FORCE MAIN
DRAINAGE EASEMENT JEFFERSON COUNTY
r CALLED 0.943 ACRES
VOL. 1663, PG. 60
D.R.J.C.
E�QFT,4"q°
i,: °STERFa°��, ,. I
y f- •• �+' �` I CABB JV, LLC
i�° • CALLED TRACT 1 — 17.914 ACRES
f'l t]1 .Y•••" C.F. NO. 2016034599
rN Y e / O.P.R.J.C.
1, ,: ®°°p
/ L: yofog A41Z.: f
:�
P. utkV .......%" LOT 7 i LOT 6 t LOT 5 LOT .h
LOT 12 LOT 13 LOT 4 lGT1-3
1
3 I CAGB JV, LLC
CALLED TRACT II — 1.020 ACRES
C.F. N0. 2016034599
PROPOSED 75 FT. WIDE ---1I-- O.P.R.J.C.
DRAINAGE EASEMENT
RESIDUE OF JG REALTY RESIDUE OF
AND INVESTMENT. LLC JG REALTY AND INVESTMENT, LLC
C.F. NO. 2014032543 C.F. NO. 2014032543
CITY OF PORT ARTHUR -J . O.P.R.J.C. O.P.R.J.C.
25' UTILITY EASEMENT
VOL. 2226, PG. 216
D.R.J.C. r
II EXIST. 8" SAN.
CITY OF PORT ARTHUR 1 I FORCE MAIN
20' UTILITY EASEMENT
VOL. 1419, PG. 39
D.R.J.C.
2 L14—L. —_ 7
NOTES: F.M. HIGHWAY 365
(R.O.W. VARIES)
1. BEARINGS REFERENCED TO THE
SOUTHERLY RIGHT OF WAY LINE OF
90TH STREET, SOUTH 41 DEG. 13 MIN.
00 SEC. WEST, PLAT. EASEMENT SKETCH
2. METES & BOUNDS DESCRIPTION 3.03 ACRES OF LAND
ACCOMPANIES SKETCH. SITUATED IN LOTS 5, 6, 13 & 14,
BLOCK 8 OF THE
BOB SHAW HILLCREST SECOND
Consulting Engineers ADDITION "ACRES"
4740 Twin Cur Hirlaynay,tet.200,Port Arthur.Tem 77042(409).02-0202 PORT ARTHUR, JEFFERSON CO., TEXAS