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HomeMy WebLinkAboutPR 20425: UTILITY EASEMENT FROM PA69, LP, CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF UTILITIES IN THE CITY OF PORT ARTHUR P.R. No. 20425 08/29/18-ae RESOLUTION NO. A RESOLUTION RATIFYING THE ACCEPTANCE OF A WATER UTILITY EASEMENT FROM PA69, LP FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF UTILITIES IN THE CITY OF PORT ARTHUR WHEREAS, per Resolution No. 08-140, the City Council authorized the City Manager to execute and accept a utility easement from PA69, LP for the purpose of constructing, installing, laying and maintaining water utilities (see Exhibit "A"); and WHEREAS, the original easement was executed, but not filed for record in the office of the County Clerk of Jefferson County, Texas, and cannot be located; and WHEREAS, it is necessary to ratify Resolution No. 08-140 and have the easement attached hereto as Exhibit "B" executed and filed for record in the office of the County Clerk of Jefferson County, Texas. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Council hereby ratifies Resolution No. 08-140. THAT, the City Manager of the City of Port Arthur is hereby authorized and instructed to execute and accept the Utility Easement from PA69, L.P., for the purpose of constructing, installing, laying and maintaining water utilities, in substantially the same form as attached hereto as Exhibit "B". THAT, said Water Utility Easement shall be filed for record in the office of the County Clerk of Jefferson County, Texas. P.R. No.20425 08/29/18-ae Page 2 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 September, 2018, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: . Councilmembers: , NOES: Derrick Freeman Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: R,t- Valecia Tizeno City Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson Interim City Manager Hani Thome, PhD. Director of Utility Operations EXHIBIT "A" (Resolution No. 08-140) P.R. No. 14648 03/27/08 RESOLUTION NO. -14O A RESOLUTION ACCEPTING A WATER UTILITY EASEMENT FROM PA69, LP FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF UTILITIES IN THE CITY OF PORT ARTHUR. WHEREAS,the City Council of the City of Port Arthur deems it appropriate to accept utility easements from PA69,LP for the construction,installation,laying,and maintenance of utilities in the City of Port Arthur under, through, and across a portion of property owned by PA69, LP in connection with utility services of the City of Port Arthur; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager of the City of Port Arthur be and is hereby authorized and instructed to execute and accept utility easements from PA69, LP for the purpose of constructing, installing, laying and maintaining water utilities in substantially the same form as described in Attachment"A", attached and made a part hereof; and, THAT,a certified copy of said casement 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 day of____LIP4) , 2008, at a Regular Meeti of the City Council of the City of Port Arthur, Texas,by the following vote: AYES: Mayor Councilmembers: / _ / 1. 1nQ i / dit saf000 e j _hi//litC.no( P.R. No. 14648 03/27/08 Page 2 NOES: + e --- Deloris Prince Mayor ATTEST: ern H. . s (c» behag—oF ) Acting City Secretary APPROVED AS TO FORM: Mark Sokolow City Attorney APPROVED FOR ADMINISTRATION: .i/dr" 4.0(/ /41 Stephen itzgibhons Kelly E dridge -'. City Manager Director of Utility Operations ATTACHMENT "A" THREE UTILITY EASEMENTS THE STATE OF TEXAS COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS THAT PA69,LP,hereinafter called GRANTOR,for and in consideration of the sum of TEN AND NO/100 DOLLARS cash 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 consideration,receipt of all of which is hereby acknowledged and confessed,have granted,sold and conveyed and by these presents do grant,bargain,sell and convey unto the said City of Port Arthur,Texas,a right,privilege and Easement in, under, and across the following described tracts of land situated in Jefferson County, Texas, to-wit: A portion of those certain two (2)tracts of land as conveyed by deed(called 3.020 acres)to PA69, LP, recorded in Clerk's File No. 2005024901 of the Official Public Records of Real Property, County Clerk's Office,Jefferson County,Texas and(called 38.87 acres)as conveyed by deed to said PA69, LP, recorded in Clerk's File No. 2005024904 and 2005031200 of said Official Public Records. Such easement tracts also being out of Lots 3 and 4, Block 12, Range "J" of the Port Arthur Land Company Subdivision as recorded in Volume 1, Page 22 of the Map or Plat Records of said County. (See Exhibit A-1), Said three(3) easement tracts are more particularly described by metes and bounds with a drawing attached hereto and made a part hereof as Exhibits"B-1", `B-2", "B-3" and `B-4". Said three Easements shall be for the purpose of constructing,installing,laying,maintaining, and repairing a line or lines for water and sanitary sewer 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 these Easements. 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 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 OUR HAND (S) this day of Q 2008. PA69, LP By: Its General Partners FREEWAj. •- �, - I S LLC BY :617N. Baker, M. ager KERRY R. LaGRO, LLC ___/ I, / BY: Kerry R. LaGrone, Manager STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me thejhday of ,2008 by O.N. BAKER,Manager of FREEWAY REAL PROPERTIES LLC,General Partner of PA69,LP,a Texas Limited Partnership, on behalf of PA69, LP. Al 7Z'/ ,• /_�; ; ,. NADINE HARDIN Notary Public I x :.:4- . r `o ary•u:i ,State of Texas STATE OF TEXAS ,,i: ' " My Commission Expires COUNTY OF HARRIS - "'�� October 31,2008 This instrument was acknowledged before me the "_-/r11y of , 2008 by KERRY R. LaGRONE, Manager of KERRY R. LaGRONE,LLC,General artner of PA69, LP, a Texas Limited Partnership, on behalf of PA69, LP.. • /-.1. - ' mar/ ./ No Public Approved as to Form: GRANTEE CITY OF PORT ARTHUR P. O. Box 1089 City Attorney Port Arthur, Texas TwortMa- c;et•"`*:'' NADINE HARDIN s Notary Public,State of Texas ' ..g My Commission Expires %;, , October 31, 2008 • ACCCEPTANCE OF EASEMENT These easements were accepted by the City of Port Arthur per Resolution No. approved by the City Council on WITNESS MY HAND this day of April, 2008. CITY OF PORT ARTHUR By: Stephen Fitzgibbons, City Manager ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned Notary Public, on this day personally appeared St_e�en Fitz ibbons Cit Mana er of the Cit 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 April, 2008. NOTARY PUBLIC 11\-TAN D FOR THE STATE OF TEXAS ARCENEAUXARCENEAUX & GATES & Consultin En GATES 9 sneers, Inc. Engineers • Surveyors • Planers EXHBITA — 1 METES AND BOUNDS DESCRIPTIONS OF THREE(3)TRACTS OF LAND FOR EASEMENT PURPOSES OUT OF LOTS 3 AND 4, BLOCK 12,RANGE "J" PORT ARTHUR LAND COMPANY SUBDIVISION,PORT ARTHUR, JEFFERSON COUNTY,TEXAS Being three (3) tracts of land for easement purposes, a portion of those certain two ( 2 tracts of land as conveyed by deed (called 3.020 acres) to P.A.69, LP., recorded in Clerk's File No. 2005024901 of the Official Public Records of Real Property, County Clerk's Office, Jefferson County, Texas and (called 38.87 acres) as conveyed by deed to said P.A.69, LP., recorded in Clerk's File No. 2005024904 and 2005031200 of said Official Public Records, said 3 easement tracts also being out of Lots 3 and Block Range "J"of the Port Arthur Land Company Subdivision as recorded in Volume 1, Page 22 of the Map or PIat Records of said County and being more particularly described metes and bounds as follows; by EXHIBIT B— 1 EASEN��i' 15 FEET WIDE UTILITY EASEMENT FOR LOCATIVE PURPOSES, commence at a 1/2" steel rod found located on the Northerly line of Jimmy Johnson Boulevard marking the Southeast corner of said P.A.69, LP. 3.020 acre tract of land; THENCE South 41 deg. 32 min. 00 sec. West (reference bearing) along said Northerly Right of Way line with the South line of said 3.020 acre tract a distance of 45.76 feet to a point marking the Southeast corner and POINT OF BEGINNING of the herein described tract of land; THENCE South 41 deg. 32 min. 00 sec. West continuing along the said Northerly Right of Way line with the South line of said 3.020 acre tract and this tract a distance of 15.00 feet to a point marking the Southwest corner of the herein described tract of land; THENCE North 48 deg. 47 min. 00 sec. West along the West line of this tract a distance of 350.18 feet to a point marking the Northwest corner of the herein described tract of land; THENCE North 41 deg. 13 min. 00 sec. East along the North line of this tract a distance of 15.00 feet to a point marking the Northeast corner of the herein described tract of land; Page 1 of 7 taBcn&servu1A&G1AdtG SURVEYINGUvfRTES&BOUNDSt2owALS1.190.doc m..ale .....ti.. ocni ..+L/��., t Th. C..., IAO D a.si.._ pry�vc,t) .snore•noeo rwv Ann/r,, 111,,t THENCE South 48 deg, 47 min. 00 sec. along the East line of this tract a distance 350.26 feet to the Southeast corner and POINT OF BEGINNING and containingin anarea of 0.1206 acres of land, more or less; EXHIBIT B — 2 EASEMENT"B" 15 FEET WIDE UTILITY EASEMENT FOR LOCATIVE PURPOSES, commence at a %" steel rod found located o Northerly line of Jimmy Johnson Boulevard marking the Southeast corner of said n the LP. 3.020 acre tract of land; aid P.A.69, THENCE South 41 deg. 32 min 00 sec. West (reference bearing) along said No Right of Way line with the South line of said 3.020 acre tract a distance of 155.05 feet to a point marking the lower Southeast corner and POINT OF BEGINNING of the herein described tract of land; THENCE South 41 deg. 32 min. 00 sec. West continuing alongthe said of Way line with the South line of said 3.020 acre tract and thitract a distance of ortherly Right feet to a point marking the Southwest corner of the herein described tract of land; 15. 00 THENCE North 48 deg. 47 min. 00 sec. West a distance of 749.15 feet to the Northwest corner; THENCE North 41 deg. 13 min. 00 sec. East a distance of 15.00 feet to the upper Northeast corner; THENCE South 48 deg. 47 min. 00 sec. East a distance of 198.98 feet to an angle point and`Ell"corner; THENCE North 41 deg. 13 min. 00 sec. East a distance of 522.26 feet to a point located on the Westerly Right of Way line of U.S.Highway No. 69, 96, and 287(a.k.a. Memorial Boulevard) and East line of said 38.87 acre tract marking the lower Northeast corner of the herein described tract of land; THENCE South 48 deg. 33 min. 52 sec. East along said Westerly Right of Way line and East line of said 38.87 acre tract a distance of 15.00 feet to a point marking the u er Southeast corner of the herein described tract of land; pp THENCE South 41 deg. 13 min. 00 sec. West a distance of 366.52 feet to an angle point and"Ell"corner; THENCE South 48 deg. 47 min. 00 sec. East a distance of 112.00 feet to an angle point and"Ell"corner; Page 2 of 7 11 Agengserrer1A,$GLA&G SURVEY[NGWETES&BOUNDS12O08U,SI_I9O doc THENCE South 41 deg. 13 min. 00 sec. West a distance of 20.00 feet to an angle point and "Ell"corner; THENCE North 48 deg. 47 min. 00 sec. West a distance of 20.00 feet to an angle point and"Ell"corner; THENCE North 41 deg. 13 min. 00 sec.East a distance of 5.00 feet to an an " angle point and Ell"corner; THENCE North 48 deg. 47 min 00 sec. West a distance of 92.00 feet toangle point int and"Ell"comer; an p THENCE South 41 deg. 13 min. 00 sec. West a distance of 141.03 feet and"Ell"corner; to an angle point THENCE South 48 deg. 47 min. 00 sec. East a distance of 535.2 Southeast corner and POINT OF BEGINNING and containing5 feet o the lf wo land, more or less; in area 0.479 acres of EXHIBIT B. - 3 UTILITY EASEMENT EASEMENT«C» (WIDTH VARIES) FOR LOCATIVE PURPOSES, commence at a 1/2" steel rod found located o Northerly line of Jimmy Johnson Boulevard marking the Southeast corner of said p.n the LP. 3.020 acre tract of land; A.69, THENCE South 41 deg. 32 min. 00 sec. West (reference bearing) along said Northerly Right of Way line with the South line of said 3.020 acre tract a distance of 400.44 a %2"steel rod found marking an angle point for corner; et to THENCE South 48 deg. 31 min. 41 sec. West a distance of 10.17 feet to a %2" steel r found marking an angle point for corner; od THENCE continuing along said Northerly Right of Way line and South line of 38.87 acre tract and a curve to the right having a radius of 950.00 feet, a central angle 02 deg. 16 min_ 00 sec., an arc distance of 37.59 feet, a chord distance said chord bearing of South 43 deg. 14 min. 34 sec. West to a point marking of 37.58 feetg and a of corner and POINT OF BEGINNING of the herein described tract of landthe Southeast THENCE continuing along said Northerly Right of Way line and South line of saidof 38.87 acre tract with the South line of this tract and a curve to the right having a radius f 950.00 feet, a central angle of 04 deg. 57 min. 35 sec., an arc distance of 82.21 feet, chord distance of 82.18 feet and a chord bearing of South 46 deg. 51 min. 23 sec. West to a point marking the Southwest corner of the herein described tract of land; a Page 3 of 7 11AgengscrverlA&GU&G SURVEYFNG\METES BGUNDS12008US1-I90,doe • THENCE North 48 deg. 47 min. 00 sec. West a distance of 470.51 feet to an angle point and"Ell"corner; THENCE South 41 deg. 13 min. 00 sec. West a distance of 214.57 feet to a point located on the East line of an existing 20 feet wide utility easement as conveyed by deed recorded in Clerk's File No. 2003030760 of said Official Public Records, same point also being located on the West line of a 30 feet wide pipeline easement in favor of TEPPCO Pipeline Company as recorded in Clerk's File No. 2000001372 of said Official Public Records and marks an angle point and "Ell"corner; THENCE North 48 deg. 47 min. 00 sec. West along said existing easement line a distance of 20.00 feet to an angle point and"Ell"corner; THENCE North 41 deg. 13 min. 00 sec. East a distance of 214.57 feet to an angle point and"Ell"corner; THENCE North 48 deg. 47 min. 00 sec. West a distance of 237.90 feet to a point marking the Northwest corner of the herein described tract of land; THENCE North 41 deg. 13 min. 00 sec. East a distance of 45.00 feet to a point marking the Northeast corner of the herein described tract of land; THENCE South 48 deg. 47 min. 00 sec. East a distance of 35.00 feet to an angle point and"Ell"corner; THENCE North 41 deg. 13 min. 00 sec. East a distance of 10.00 feet to an angle point and "Ell"corner; THENCE South 48 deg. 47 min. 00 sec. East a distance of 10.00 feet to an angle point and "Ell"corner; THENCE South 41 deg. 13 min. 00 sec. West a distance of 10.00 feet to an angle point and"Ell"corner; THENCE South 48 deg. 47 min. 00 sec. East a distance of 397.50 feet to an angle point for corner; THENCE South 55 deg. 54 min. 53 sec. East a distance of 296.32 feet to the Southeast corner and POINT OF BEGINNING and containing in area 0.979 acres of land, more or less. Page 4 of 7 UABrngserverlA&GIA&G SURVEYING\METES&BOUNDSU0D8U.S1-190.doc Surveyed: January, 2008 Revised: March, 2008 • '-c 9F_?--- \ 'G/h% •\5r + , *FRcsON JOHN R.(BOB)HODGES ' '',. 4583 Pv::. V .1 q' 411,/ • -0 SIJRU� - r �,el �`/ Jo-_•4. -:ob)Hodges R.F.L S. #4583 3 -Lr -dc3 NOTES: Bearings referenced to the Northerly Right of Way line of Jimmy Johnson Boulevard South 41 deg. 32 min. 00 sec. West deed 3.020 acre tract, Clerk's File No. 20050 4901 O.P.R.J.C. An exhibit of even date is being submitted with and being made a part of this metes and bounds description. Page 5 of 7 11AgengserverlA&G1A&G SURVEYINGIMETES&BOUNDS120081LSI-190.doc EXHIBIT B — 4 20' UT1L. ESM'T. CF12003030760 O.P.R.J.C. —� (EXISTING SANrTARY SEWER l _j ) IN EASEMENT) Purn.wa__ 25' LANDSCAPE ESM'T. 111 � _ 30' TEPPCO ESM'T. 0.P.R.J.C. (L4C) CFP000001372 O.P.R.J.C.I EASEMENT^C' OCPLTQ (T99y / 0.3C) (L7Ci) 10D 200 (L2CC) PROPOSED 16'ENERGY ESMT `kir°+ --- ct,(L1 CC)P08 ��.�► ' A.. p 0.2C) ill (L14C) (L13C) (L12C) (L8C) (L1 IC) (19C) m END.NL MEC) P•A.69,LP. (LEASE TRACT 8) k Z R. Cr*20 3.020 ACRES PHASE N X w �RE 20'CPA r & 03 11 D. ACRES SEWER ESMT z I O.P.RJ.C. - Q (L1C) ' T rt.FUTURE IB CPA WATER ESMT EASEMENT"B' 'I (L28) Opp CRFBUTILITY EASEMENT _ } 4W 30' CIPCO ESM'T. (13BN yP08 (L1g� (L1 )�oT 4. nogc (FORMERLY CHICO OF 1!, MANGO III EAS ENT`A' t S. ■LOCK u. RANO! •J- ��) (L4B) 1497 CORP.} V.R. 1E CPA• (L2A) 0.1206 • s EASEMENT�A (L4A) 1497 PG. 301 o.R J.C; POB ����+.� (Li 19)(L12B)�; PA 69,L.P. �� j�c � X / 38.87 ACRES (1IA) FNO. /CFI/2006024904 AND 8 45'27'31'E 325.60' /// S 41'32'00"W 1/2 POC LINE A,8,&C F��(L1D6 L9B) // / CFS 2005031200 36.89' S.R. 1�2" / O.P.R.J.C. (REF.SRO.) \S.R, 21 m m // .//// d //// / 50' TEXAS PIPEUNE (LEASETRACT A /// CORP. ESM'T. (SHELL QPRJ.C.perJyg00e CF5 x` PHASE I /// // PIPELINE MARKERS IN 2ooemml o(CALLED ze6s2 , 233 830 SO.FT. /// // ACRES)IASIS MANCE TTS 3 --834 ACRES // ESM'T.} VOL 698 PG. HOLDINGS.LLC 5.3834 ACRES/ / 4T0p•E 347 D.R.J.C. NOTE: 12°0" f" I // / w 10' ESM'T. 1 BEARINGS REFERENCED TO THE /// SOUTHWESTERN BELL NORTHERLY RIGHT OF WAY LINE / / / TELEPHONE /////// : —FC/101-04-0959 OF JIMMY JOHNSON BOULEVARD z R.P.R.J.C. S 41'32'00" W - DEED - -- CF 2005024901 O.P.R.J.C. ' ND s+a•ars2 E va.6e �_ AND PORT ARTHUR LAND sR$" (17B) 10' unL ESM'r. COMPANY SUBDIVISION NORTH 0.P.R .30 _` U.S. HVVY.69, 96&287\ 't* o.P.R (A� MEMORIAL oiLEVARD) tk\o�1 v. `.c�\S TF C Nkk 14, A FOUND PROPERTY CORNER AS SHOWN `� ' 1 • 1 >r ES ' • POINT FOR CORNER '• •• �� `:A "' POC • • ♦ �` \ " d} S`o? Or POINT OF COMMENCING o , -/;-,..FS POB POINT OF BEGINNING ,, \ SS R f SEE PAGE 7 FOR LINE TABLE EXHIBIT SHOWING THREE PROPOSED UTILITY EASEMENTS WAGE LOCATED ON THE P.A. 69 L.P. PROPERTY 6 1 K ® ARCBNL TJX & GATES OUT OF LOTS 3 AND 4, BLOCK 12, RANGE J. i ARCENEATJX Co ,, n,• PORT ARTHUR LAND COMPANY SUBDIVISION OF T nears Surveyors PIM bus c�Tes . f6011vw.C.& �y 10! PORT ARTHUR, JEFFERSON COUNTY, TX. 7 ess,1>______acieD81C Put ArtLar.T•ss� TiHd 1O""�"('�� (400)n4-rse5 DATE: JANUARY 2008 3 SCALE: 1"=200' DRAWN: J.D.G. PROD. No.: LSI-190 VER: AUTOCAD 2008 CHECKED: J.R.H. LINE TABLE DATA EASEMENT"A" NUMBER DIRECTION DISTANCE (L1A) S 41'32'00"W 45.76' �_DIRECTION DISTANCE (�) S 41'32'00^W S 41'3200"W 400.44' (L3A) 15.00' N 48.47'00•W 350.18' allinilliMMEMEN10.17' (LAA) N ' IMENNIMINI 3 41.1 '00"E 15.00' (15A) S 41 13'O"E 350.0 26' wrigAmmin N 48.4704"W •70.51' Maillaill S 41'13'00"W EME31.11111 N 46.47'00'W 20.00' EIGNIMINI EASEMENT"B" Nat°13'o0•E DIRECTION DISTANCEumigammon N 48'47'00'W 237.90' S 41'32'00"W (18C) N 41°13'Op^E 155.05' -5MOINIEM .0' S 2 00'W 15.00' S 48'47'00"E 35.00' 41.3 112111111111.N 48'47'00•W (L 11 C)(L10C) N 41'13'00"E 1331111111. 749.15' 1 000 N 41.13'00'E 15.00 S 48'47'00`E 10.00' S 48'47'00 E (L12C) S 41'13'00"W 198.98' (L13C) 107.5' IMMINIIIM N S 48.4700"E 397.50' 41'13'00'E 522.26' (L14C) MEEMEINEMENINEMI 15.00' S 41.13'00"W 366.52' (L98) S 48'4705"E (L10B) 12.00' S 41'13'00"W 20.00' (L11B) N 48'47'00'W (L128) 20.00' N 41'13'00"E 5.00' (L138) N 48'47'00"W (L748) 92-00' S 41'13'00"W 141,03' (L156) S 48'47'00"E 535.25' 1 I _ CURVE TABLE DELTAMEEEMEMMI RADIUS CH Z'16'00^ CB 950 00' 37.58' S 43°14'34"W ®950.00' 82.18' S 46.5123` I I EXHIBIT SHOWING THREE : PROPOSED UTILITY EASEMENTS PAGE I LOCATED ON THE P.A. 69 L.P. PROPERTY 7 ® ARCBNBAUX do GATES OUT OF LOTS 3 AND 4, BLOCK 12, RANGE J. i ARCENEAUX Con.ul sae. 1uo. PORT ARTHUR LAND COMPANY SUBDIVISION of & RaSfseen Songon Mennen 7 GATES PORT ARTHUR, JEFFERSON COUNTY, TX. Q . 3."Pi .Q.k D,b.,n,u. ion !iRef ea)isi-""iee DATE: JANUARY 2008 SCALE: N.T.S. DRAWN: J.D.G. PROJ. No.: LSI-190 VER: AUTOCAD 2008 CHECKED: J.R.H. EXHIBIT "A" (Easement) THREE UTILITY EASEMENTS STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT, PA69, L.P., hereinafter called "Grantor", 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 Easements in, under, and across the tracts of land situated in Jefferson County, Texas to wit: A portion of those certain two (2) tracts of land as conveyed by deed (called 3.020 acres) to PA69, LP, recorded in Clerk's File No. 2005024901 of the Official Public Records of Real Property, County Clerk's Office, Jefferson County, Texas and (called 38.87 acres) as conveyed by deed to said PA69, LP, recorded in Clerk's File No. 2005024904 and 2005031200 of said Official Public Records. Such easement tracts also being out of Lot 3 and 4, Block 12, Range "J" of the Port Arthur Land Company Subdivision as recorded in Volume 1, Page 22 of the Map or Plat Records of said County. (See Exhibit A-1) Said three (3) easement tracts are more particularly described by metes and bounds with a drawing attached hereto and made a part hereof as Exhibits "B-1", "B-2", "B-3"and "B-4". Said three (3) Easements shall be for the purpose of constructing, installing, laying, maintaining, and repairing a line or lines for water and sanitary sewer 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 and egress from the above described tracts of land for the aforesaid purposes of these Easements. 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 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 OUR HAND(S), this day of , A.D., 2018. PA69, L.P. By: Its General Partners FREEWAY REAL PROPERTIES LLC By: O. N. Baker, Manager KERRY R. LaCRONE LLC By: Kerry R. LaGrone, Manager STATE OF TEXAS COUNTY OF This instrument was acknowledged before me the day of , 2018, by O. N. BAKER, Manager of FREEWAY REAL PROPERTIES LLC, General Partner of PA69, LP, a Texas Limited Partnership, on behalf of PA69, LP. Notary Public, State of Texas Print Name: Commission Expires: STATE OF TEXAS COUNTY OF This instrument was acknowledged before me the day of , 2018, by KERRY R. LAGRONE, Manager of KERRY R. LAGRONE, LLC, General Partner of PA69, LP, a Texas Limited Partnership, on behalf of PA69, LP. Notary Public, State of Texas Print Name: Commission Expires: Approved as to Form: Valecia R. Tizeno, City Attorney 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 , 2018. CITY OF PORT ARTHUR By: Harvey Robinson, Interim City Manager ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME,the undersigned Notary Public, on this day personally appeared Harvey Robinson, Interim 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 September, 2018. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS RETURN TO: CITY OF PORT ARTHUR ATTN: Valecia Tizeno City Attorney P. O. Box 1089 Port Arthur, Texas 77641-1089 ATTACHMENT "A" (Metes&Bounds description by Soutex Surveyors&Engineers,Inc.) ARCENEAUX & GATES ARCENEAUX Consulting Engineers, Inc. 8.7 GATES Engineers • Surveyors • Planners EXHIBIT A-1 METES AND BOUNDS DESCRIPTIONS OF THREE(3)TRACTS OF LAND FOR EASEMENT PURPOSES OUT OF LOTS 3 AND 4, BLOCK 12, RANGE "J" PORT ARTHUR LAND COMPANY SUBDIVISION,PORT ARTHUR, JEFFERSON COUNTY,TEXAS Being three (3) tracts of land for easement purposes, a portion of those certain two (2) tracts of land as conveyed by deed (called 3.020 acres) to P.A.69, LP., recorded in Clerk's File No. 2005024901 of the Official Public Records of Real Property, County Clerk's Office, Jefferson County, Texas and (called 38.87 acres) as conveyed by deed to said P.A.69, LP., recorded in Clerk's File No. 2005024904 and 2005031200 of said Official Public Records, said 3 easement tracts also being out of Lots 3 and 4, Block 12, Range "J" of the Port Arthur Land Company Subdivision as recorded in Volume 1, Page 22 of the Map or Plat Records of said County and being more particularly described by metes and bounds as follows; EXHIBIT B-1 EASEMENT"A" 15 FEET WIDE SANITARY SEWER EASEMENT FOR LOCATIVE PURPOSES, commence at a 1/2" steel rod found located on the Northerly line of Jimmy Johnson Boulevard marking the Southeast corner of said P.A.69, I.P. 3.020 acre tract of land; THENCE South 41 deg. 32 min. 00 sec. West (reference bearing) along said Northerly Right of Way line with the South line of said 3.020 acre tract a distance of 45.76 feet to a point marking the Southeast corner and POINT OF BEGINNING of the herein described tract of land; THENCE South 41 deg. 32 min. 00 sec. West continuing along the said Northerly Right of Way line with the South line of said 3.020 acre tract and this tract a distance of 15.00 feet to a point marking the Southwest corner of the herein described tract of land; THENCE North 48 deg. 47 min. 00 sec. West along the West line of this tract a distance of 350.18 feet to a point marking the Northwest corner of the herein described tract of land; THENCE North 41 deg. 13 min. 00 sec. East along the North line of this tract a distance of 15.00 feet to a point marking the Northeast corner of the herein described tract of land; Page 1 of 7 • THENCE South 48 deg. 47 min. 00 sec. along the East line of this tract a distance of 350.26 feet to the Southeast corner and POINT OF BEGINNING: and containing in area 0.1206 acres of land, more or less; EXHIBIT B-2 EASEMENT .,B" 15 FT ET WIDE WATERLINE EASEMENT FOR LOCATIVE PURPOSES, commence at a Y2" steel rod found located on the Northerly line of Jimmy Johnson Boulevard marking the Southeast corner of said P.A.69, LP. 3.020 acre tract of land; THENCE South 41 deg. 32 min. 00 sec. West (reference bearing) along said Northerly Right of Way line with the South line of said 3.020 acre tract a distance of 155.05 feet to a point marking the lower Southeast corner and POINT OF BEGINNING of the herein described tract of land; THENCE South 41 deg. 32 min. 00 sec. West continuing a:ong the said Northerly Right of Way line with the South line of said 3.020 acre tract and this tract a distance of 15.00 feet to a point marking the Southwest corner of the herein described tract of land; THENCE North 48 deg. 47 min. 00 sec. Nest a distance of 749.15 feet to the Northwest corner; THENCE North 41 deg. 13 min. 00 sec. East a distance of 15.00 feet to the upper Northeast corner; T11ENCE South 48 deg. 47 min. 00 sec. East a distance of 198.98 feet to an angle point and "Ell"corner; THENCE North 41 deg. 13 min. 00 sec. East a distance of 522.26 feet to a point located on the V..esterly Right of Way line of U.S. Highway No. 69,96, and 287 (a.k.a. Memorial Boulevard) and East line of said 38.87 acre tract marking the lower Northeast corner of the herein described tract of land; THENCE South 48 deg. 33 min. 52 sec. East along said Westerly Right of Way line and East line of said 38.87 acre tract a distance of 15.00 feet to a point marking the upper Southeast corner of the herein described tract of land; TIIENCE South 41 deg. 11 min. 00 sec. West a distance of 366.52 feet to an angle point and "Ell" corner; THENCE South 48 deg. 47 min. 00 sec. East a distance of 112.00 feet to an angle point and "Ell"corner; Page 2 of 7 THENCE South 41 deg. 13 min. 00 sec. West a distance of 20.00 feet to an angle point and "Ell" corner; THENCE North 48 deg. 47 min. 00 sec. West a distance of 20.00 feet to an angle point and "Ell" corner; THENCE North 41 deg. 13 min. UO sec. East a distance of 5.00 feet to an angle point and "EEC"corner; THENCE North 48 deg. 47 min. 00 sec. West a distance of 92.00 feet to an angle point and "Fit"corner; THENCE South 41 deg. 13 min. 00 sec. West a distance of 141.03 feet to an angle point and "Ell"corner; THENCE South 48 deg. 47 min. 00 sec. East a distance of 535.25 feet to the lower Southeast corner and POINT OF BEGINNING and containing in area 0.479 acres of land, more or less; EXHIBIT B-3 EASEMENT "C" SANITARY SEWER AND WATERLINE EASEMENT (WIDTH VARIES) FOR LOCATIVE PURPOSES, commence at a ''A" steel rod found located on the Northerly line of Jimmy Johnson Boulevard marking the Southeast corner of said P.A.69, I.Y. 3.020 acre tract of land; THENCE South 41 deg. 32 min. 00 sec. West (reference bearing) along said Northerly Right of Way line with the South line of said 3.020 acre tract a distance of 400.44 feet to a ''A" steel rod found marking an angle point for corner; THENCE South 48 deg. 31 min. 41 sec. West a distance of 10.17 feet to a '/2" steel rod found marking an angle point for corner; THENCE continuing along said Northerly Right of Way line and South line of said 38.87 acre tract and a curve to the right having a radius of 950.00 feet, a central angle of 02 deg. 16 min. 00 sec., an arc distance of 37.59 feet, a chord distance of 37.58 feet and a chord bearing of South 43 deg. 14 min. 34 sec. West to a point marking the Southeast corner and POINT OF BEGINNING of the herein described tract of land; THENCE continuing along said Northerly Right of Way line and South line of said 38.87 acre tract with the South line of this tract and a curve to the right having a radius of 950.00 feet, a central angle of 04 deg. 57 min. 35 sec., an arc distance of 82.21 feet, a chord distance of 82.18 feet and a chord bearing of South 46 deg. 51 min_ 23 sec. West to a point marking the Southwest corner of the herein described tract of land; Page 3 of 7 THENCE North 48 deg. 47 min. 00 sec. West a distance of 470.51 feet to an angle point and "Ell"corner; THENCE South 41 deg. 13 min. 00 sec. West a distance of 214.57 feet to a point located on the East line of an existing 20 feet wide utility easement as conveyed by deed recorded in Clerk's File No. 2003030760 of said Official Public Records, same point also being located on the West line of a 30 feet wide pipeline easement in favor of TEPPCO Pipeline Company as recorded in Clerk's File No. 2000001372 of said Official Public Records and marks an angle point and "Ell"corner; THENCE ENCE North 48 deg. 47 min. 00 sec. West along said existing casement line a distance of 20.00 feet to an angle point and "Ili" corner; THENCE North 41 deg. 13 min. 00 sec. East a distance of 214.57 feet to an angle point and "Ell"corner; THENCE North 48 deg. 47 min. 00 sec. West a distance of 237.90 feet to a point marking the Northwest corner of the herein described tract of land; THENCE North 41 deg. 11 mm. 00 sec. East a distance of 45.00 feet to a point marking the Northeast corner of the !: •rein described tract of land; TIIE\( E South 48 deg. 47 min. 00 sec. East a distance of 35.00 feet to an angle point and "Ell"corner; THENCE North 41 deg. 13 min. 00 sec. East a distance of 10.00 feet to an angle point and "Ell" corner; THENCE South 48 deg. 47 min. 00 sec. East a distance of I0.00 feet to an angle point and "Eli"corner; THENCE South 41 deg. 13 min. 00 sec. West a distance of 10.00 feet to an angle point and "Ell"corner; THENCE South 48 deg. 47 min. 00 sec. East a distance of 397.50 feet to an angle point for corner; THENCE South 55 deg. 54 min. 51 sec. East a distance of 296.32 feet to the Southeast corner and POINT OF BEGINNING and containing in area 0.979 acres of land, more or less. Page 4 of 7 Surveyed: January, 2008 Revised: March, 2008 • JOHN R.(BOB)HODGES • �.? 4583 te:' .p, a Q' iiff/ �4 SURV _ Jo I • . (Bob) Hodges R.P. .S. #4583 NOTES: Bearings referenced to the Northerly Right of Way line of Jimmy Johnson Boulevard South 41 deg. 32 min. 00 sec. West deed 3.020 acre tract, Clerk's File No. 2005024901 O.l'.R.J.C. An exhibit of even date is being submitted with and being made a part of this metes and bounds description. Page 5 of 7 ATTACHMENT "B" (Survey Drawing by Soutex Surveyors&Engineers,Inc.) 20' Lilt. LSM'I, CF/2003030760 O.P.R.J.C. (EXISTING SANITARY SEWER / — (15C) IN EA3DJENT) PAL ct511Y 1.070,4 2S' IANOSCAFL SN'T. t�— — — — -\3C' T_PPCC c-1,- 0-47C-2'03G/79 0.?.7i J.C. / (L4C) CF 200000'3/7 C.P.R J.C. EASEMENT"C" CPA WATER d SAN.SEWER EASEMFN I �?, 0.979 ACRES 4 Toa 76° ' (L3C) (L7C) (L2CC) PRf7PCG5'ED. ENERGY ESN'T ` '11 4"q, '%(L1CC)P08 / 0L13CJ (L12C) :N )• �L9C} (12C) I (L14C) 0.11C) UC J (LEASE TRACT 9) FUTURE 20 CPA WATFR 1 [:1 END, PA.69,L.P. R 0 PHASE II °, SAN SEWER ESNCT Z\\:i< 3 020 ACRES 5.5099 ACRES 3 0R. I I CF*2005024901 Z ` C.P.R.J.C. $ FUTURE 15 CPA WATER ESMT =(LIG) I z O EASEMENT'S' m 15'G'A WATER FASFMFNT >- (128 I 0.479 ACRES N.a•a 7V0•1V M (L38) 4.18 30. CPO ESM'T. 2 ( 047.ERLX C 4CC OF _ — •,••= O1 ')LOT 4.HOCK 1L. KANO4 v II OM _ (148) TTXAS CORP.) Vol ---71B) N I EAS ET'A' LOT s.'MOCK , RANO" -r m ' 149' PG .'.ti' O.R.J.C. ( ) I5'CPA M SEWER ESM T (L4A) ^ ,, L3A (L118)(1128) d R r P.R.69.L.P. POET �.�.,+ __ 38STACRF.S �7') ::::j._ �LL1�� a// /CFd 2005024934 AND (LTA) ' }� / CFO 2005031200 END. 848mrEsteSQ • 108 (UM ..it OP.R.:.C. S 41'32'00'W 11' POC LINE A,B.6 C lot• /'rf / 38 69' S.6. E m f//� / 'REF,ARG) S 'd. �° ////fI SO' TEXAS PIPELINE I(LEASE TRACT A) I/// / CORP. CWT. (SHELL PHASE I /// / PIPEiINI LWRK£RS iN ,�.RJ.0 06'YYnm0,r 3 233.630 SQ.FT /// // I SM") % 698 ,'(,. WM:071C{CALM,,Zea, c // • .14 T G.R.J.C. A:AES,tAa'1SCRlMCE,EXA'u 5.3834 ACRES / a,.05 E I Hot�res..c X // / 10' EM NOTE: ///// Y.0 14 TisWE EERN BELL I BEARINGS REFERENCED TO THE /// / 'R FC4101.-09-0939 I, NORTHERLY RIGHT OF WAY LINE /// / z R.P.R J c { OF JIMMY JOHNSON BOLA EVARD �'75 . —.. — R S 41'32'00- W - DEED 1T1>0- s 68'a.1.52.E 275 Er • CF# 2005024901 O.P.R.J.C. 5/8' (L78) N-10' l,.1-:1. :Al. AND PORT ARTHUR LAND S.R \ x CF/20030,i-,s- '-.� COMPANY SUBDIVISION NORTH U.S. HWY.69,96&287 x 'Sr o.P. • arc O.F.r4„ • (AKA NELIORIAL BOULEVARD) .S.` .�P-'. STE'4 ,•T LEGEND :•+ty� ...- ' l•' , 0l S A FOUND PROPERTY CORNER AS SHOWN �+�• ��• 90 A583 •• g, • POINT FOR CORNER ••c • 1 9''eb4i POC POINT OF COMMENCING 'i POB POINT 0' BEGINNING SEE PAGE 7 FOR TIN: TABLE EXHIBIT SHOWING PROPOSED PAGE WATER AND SANITARY SEWER EASEMENTS LOCATED ON THE P A. 69 L P PROPERTY 6 ARCENEAUX At GATES OUT OF LOTS 3 AND 4, BLOCK 12, RANGE J. OF IARCENEAUX Ctuxy roe-sego', Inc. PORT ARTHUR LAND COMPANY SUBDIVISION "� eousave°"� " ' "°°. Pi...," PORT ARTHUR, JEFFERSON COUNTY, TX. l [ CATF.S 6 5801 n.,-:. 5m,.168 ( on.:COMM K ►rt kW ur,?••••776,14 y „WNW.vc N7Y 061 .-7666 ,ATF.: JAKLIARY 2009 SCALE: 1"=200. ORANN. J.O.G. L .DRO;. No.: tSI-190 DER: AUTOCAD 20011 CHECKED- J.R.H. LINE TABLE DATA EASEMENT"A" EASEMLN r "C" I NU",18ER DIRECTION DISTANCE NUMBER DIRECTlC•N DI$T.,r,::: (L1A) 5 41132"30"W 45,75 (L.IC) S 41'32'00'W 400.44' !i 2A) S 4'.'32'00"W 15.00 (L2C) N 48'31'41''W 10.17' — (a3A) N 48'47.00-W 350.1B' (L1CC) SEE CURVE TABLE (L4A) N 41'13'00"E 15.00 (L2CC) SEE.CURVE TABLE (.5A) $48'4 TOO'C 350.26' (13C) N 4tl'47'00"W 470 51' (LAC) S 41'13'CO"W 214 57' (t 5C) N 48'47.00"W 20.00 (LBC; N 4 `11"1C"L 2'4$7' EASEMENT"B.' (LMC; N 48`4TO0"W 2337 90' NUMBER DIRECTION DISTANCE (L8C: N 41'1300"E 45 C"3 (L1B) S 41.32'0('W 155.05' (L9C; S 48°47'00'E 35 07 (L2B) S 41'32'00'W 15 00' „1.100) N 41.1300"E '0 C7 (1.381 N 48'47'07'd. 749 15' (L11C) S 48'47'00'E 10 00' (L4R) N41"3'00"F 1600' (112C) Sot"3'07"W 1000' (L5131 $48"47'00'F 198.98' (L13C) S 40'4703 L 397.60 (L50) N 4 t'1,?Cer F 522.26' (L'41.;) S 55'5:'55 S 290 32' ___-- (L70) S 411":33'5Z"L 15.00' (1813) S 41-13'M W 366 52' (19R; S 40"47'00'E 112 CO' (L'OFi; — 3 41 3'0"0'W 20.01Y (11 18) N 48°4T0C"W 20,00 (L'28) N41'13009"E 500' (L'3BI N 46°47.00"W 92,00 (1'4131 S 41"3'00"W 141 03' (115(3; 5 48°4743"E 535.25' •t 1 4 { ! CURVE TABLE , i NUMBER ARC OFLTA RADIUS CII CB !. (1.1CC, 37,59 2'18'00" 950.00' 37.58' S 43'14'34"W I (12CC; 87.21' 4'57'35" "950,00' 82 18' S 46'6'73"W 1 I I I t i l i 1 1 i i 1 I EXHIBIT SHOWING PROPOSED PAGE WATER AND SANITARY SEWER EASEMENTS ' LOCATED ON THE P.A. 69 L P PROPERTY , OUT OF LOTS 3 AND 4, BLOCK 12, RANGE J. 9 ® ARCENE.Ai:X & GATES OF j Al CKNI•.'MIx Cob.uIUng agpn..r." Inc_ PORT ARTHUR LAND COMPANY SUBDIVISION "`"""' °" p''° " " ' PORT ARTHUR, JEFFERSON COUNTY, TX. c :;ATF` see: turtle C..kti ow,era I82 K.*"P1 i-Pc. ;nr,leuur.T.VA,711811 Hill _ (10.1 711811 _,At E: ,;A1ti(1ARY 2008 SCA(( 'I-._. DRAWN „U.G. 'i'3,1. No, 151-190 'VER: AJIOCA 1 %?'Cu CHECKED. J.R.H.