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HomeMy WebLinkAboutPR 19881: EXPRESS MART DRAINAGE EASEMENT it, , , ',, ort rthu�— www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: August 16, 2017 To: The Honorable Mayor and City Council Through: Brian McDougal, City Manager From: Armando Gutierrez,Jr., P.E., Director of Public Works k RE: P.R. 19881 —Express mart Drainage Easement Introduction: Acceptance of a 5 foot drainage easement from Magna Properties Tri-Con, Inc., 3649 Gulfway Drive, Port Arthur. The easement is parallel with 9th Avenue at the proposed location of an Express Mart convenient store. Background: A section of an old 17th street road was abandoned to allow a convenient store to be constructed at 3649 Gulfway Drive being the corner of Gulfway and 9th Avenue. A 48" storm drain pipe is being re-routed north along the right-of-way of 9th Avenue to the City Park grounds and then west and south to reconnect on the opposite side of the new store. The section of the drain pipe along 9th Avenue right-of-way was push close to the boundary line of the store to avoid the overhead power lines on 9th Avenue. This proposed easement is only to allow the drain pipe to have a 5 foot buffer space on the side of the store to guarantee that no construction is ever built close to the pipe. The proposed easement is 5' wide by 55' in length, totaling 275 square feet. Funding Available: No additional funding is needed. Recommendation: "Remember,we are here to serve the Citizens of Port Arthur" P.O. Box 1089 x Port Arthur,Texas 77641-1089 x 409.983.8101 x FAX 409.982.6743 Accept the drainage easement from Elias Sarkis — Magna Properties Tri-Con, Inc. at the proposed convenient store located at 3649 Gulfway Drive at no cost to the city. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 * Port Arthur,Texas 77641-1089 x 409.983.8101 x FAX 409.982.6743 P.R. 19881 08/16/17 rtb RESOLUTION NO. A RESOLUTION ACCEPTING A DRAINAGE EASEMENT FROM MAGNA PROPERTIES TRI-CON, INC. AT THE PROPOSED CONVIENENT STORE LOCATED AT 3649 GULFWAY DRIVE. WHEREAS, a proposed convenient store is being developed at 3649 Gulfway Drive (northwest corner of 9th Avenue and Gulfway Drive); and, WHEREAS, per Resolution 17-086, the City entered into an agreement for the construction of public improvements with Magna Properties and Tri-Con, Inc. for the relocation of a 48" storm sewer drain pipe at the proposed convenient store site; and, WHEREAS, a portion of the proposed 48" storm sewer drainage pipe has to be shifted westward five feet along the 9th Avenue right-of-way to avoid utility conflicts; and, WHEREAS, the City of Port Arthur, has been offered property from the adjoining property owner, Elias Sarkis of Magna Properties and Tri-Con, Inc., a 5' wide by 55' wide of land totaling 275 sq. ft. — 0.0063 acres to create a drainage easement to accommodate the installation of the proposed 48" diameter storm sewer pipe and avoid utility conflict located along the 9th Avenue right-of-way; and, WHEREAS, the City Council deems it appropriate to accept the Drainage Easement from the property owner, Elias Sarkis of Magna Properties 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: P.R. 19881 Page 2 THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Manager is hereby authorized and instructed to execute and accept a Drainage Easement from Elias Sarkis of Magna Properties — Tri-Con, Inc. for the purpose of constructing and maintaining a drainage easement, in substantially the same from 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: Derrick Freeman Attest: Mayor Sherri Bellard City Secretary P.R. 19881 Page 3 APPROVED AS TO FORM: APPROVED AS TO AVAILABILITY OF FUNDS: \I O N(A Valecia Tizeno Q Clifton Williams, CPPB City Attorney Director of Purchasing APPROVED FOR ADMINISTRATION: Brian McDougal Armando Gutierrez, Jr., P.E. City Manager Director of Public Works Exhibit "A" (Easement) DRAINANGE EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT, Magna Properties, Ltd., 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. Magna Properties, Ltd. 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 Magna Properties, Ltd. 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 , 2017. 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 Fittz&Shipman,Inc.) Fittz & Shipman INC. Consulting Engineers and Land Surveyors Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) Donald R.King,P.E. Terry G.Shipman,P.E.,Senior Consultant Bernardino D.Tristan,P.E. Billy J.Smith,Jr.,President Jason R.Davis,P.E. Daniel A.Dotson,P.E.,Vice President Mitchell L.Brackin,R.P.L.S. August 7, 2017 Exhibit"A" Field Note Description for a Storm Sewer Easement BEING a 0.0063 acre tract of land lying in the HORATIO MCHANKS SURVEY,Abstract No. 40 in Jefferson County, Texas, being out of and a portion of that certain 0.9067 acre tract of land described in an instrument to Magna Properties, Ltd of record in County Clerk's File No. 2016004622 of the Official Public Records of Jefferson County, Texas, said 0.0063 acres being more particularly described as follow: BEGINNING at a 5/8" Rod found marking the South right-of-way line of 9th Avenue (a public roadway), said Rod having Texas State Plane Coordinate values of N: 13,912,722.70 and E: 3,577,002.97, the Northeast corner of that certain 1.977 acre tract of land referenced to the City of Port Arthur (designated as Pioneer Park, Tract 8) as shown in Jefferson County Appraisal District, Property ID No. 386657, the Northwest corner of said 0.9067 acre tract and being the Northwest corner of the herein described tract; THENCE S 53°19'12" E along and with the South right-of-way line of said 9th Avenue, the North line of said 0.9067 and with the North line of the herein described tract for a distance of 55.00 feet to a point on the South right-of-way line of said 9th Avenue, the North line of said 0.9067 and being the Northeast corner of the herein described tract; THENCE S 36°40'48" W, over and across the said 0.9067 acre tract and with the East line of the herein described tract for a distance of 5.00 feet marking the Southeast corner of the herein described tract; THENCE N 53°19'12" W, over and across the said 0.9067 acre tract and with the South line of the herein described tract for a distance of 55.00 feet marking the East line of said 1.977 acre tract, the West line of said 0.9067 acre tract and being the Southwest corner of the herein described tract; THENCE N 36°40'48" E along and with the East line of the said 1.977 acre tract, the West line of said 0.9067 acre tract and with the West line of the herein described tract for distance ofsph 5.00 feet to the POINT AND PLACE OF BEGINNING, containing in area, 0.0063 acres of land,more or less. Plat of even date accompanies this Field Note Description. Job No. 15039.0002 —Storm Sewer Easement 1405 Cornerstone Court•Beaumont,Texas 77706•(409)832-7238•Fax(409)832-7303 Texas Board of Professional Engineers Firm No.1160•Texas Board of Professional Land Surveyors Firm No.100186 HO1 ATIO LVICHA11K3 SURVEY Exhibit "B" Ab.fr ct Mo. 40 J®ff®r,®n County, TOMBS ‘T) 0 5 10 ■ ■ immiim ■ ■ ■ SCALE Magna Properties, Ltd CCF No. 2016004622 OPRJCT (Called 0.9067 Acres) Proposed Storm Sewer N.0) Easement s Y Subject Property Qa. 00 Q 0.0063 Acres `co O (1.> U O) O p a N 5319'12" W 55.00' L5 r0 S 5319'12" E 55.00' Found 5/8" Iron Rod Line Table 9th Avenue Line # Direction Length P.O.B. L1 S36'40'48"W 5.00 N=13,912,722.70 E=3,577,002.97 L2 N36'40'48"E 5.00 • � Field Note Description of even date accompanies OF T N. this plot. A�P/QS' � F A 1/14241k Mitchell Lee Brackin 5163 P; / `` O'-aFEs s��_ k°f/ Mitchell Lee Brackin, LS --•°...S.********** S U R`� Registered Professional Land Surveyor No. 5163 Seal Q:\PROJECTS\15039.0002—Port Arthur Storm Relocation\SURVEY\15039.0002_SV_SEWER EASEMENT.dwg Aug 07, 2017 10:51am Fittz&Shipman storm Sewer Easement SHEET NO. INC. PROJECT NAME: Exxpress Mart #25 S Corssuking EngineasandLand Surveyors 3649 Gutfway Drive 1405 CORNERSTONE COURT, BEAUMONT, TEXAS Port Arthur, Texas 77642 PROJECT NO. (409) 832-7238 FAX (409) 832-7303 DATE 15039.0002 T.B.P.E. FIRM #1160 • T.X.L.S. FIRM #100186 D TE:8-7-17 •w E - 5 �'rgiqN Z 1 U .� NW - 5 !�s 3i ligliga rt ('- : gp 441444���dd ^-8 ill i Ri h. 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