HomeMy WebLinkAboutPR 20426: DRAINAGE EASEMENT FROM PA69, LP AT THE PORT PLAZA CENTRE AND THE PROPERTY LOCATED AT INTERSECTION OF JIMMY JOHNSON BLVD AND MEDICAL CENTER BLVD P.R. 20426
08/29/18 ace
RESOLUTION NO.
A RESOLUTION ACCEPTING A DRAINAGE EASEMENT FROM PA69,
LP AT THE PORT PLAZA CENTRE AND THE PROPERTY LOCATED
AT THE N.E. CORNER OF THE INTERSECTION OF JIMMY
JOHNSON BOULEVARD AND MEDICAL CENTER BOULEVARD
WHEREAS, a proposed retail center, pad sites and adjacent tracts of land are
being developed; and,
WHEREAS, a portion of the required drainage piping, culverts and ditches will
run within the property and shall be dedicated to the City of Port Arthur and easements
provided per attached; and,
WHEREAS, the City of Port Arthur, has been offered property easements (per
the attached Exhibit "A") from the property owner, PA69, LP to create drainage
easements to accommodate all required drainage for the Port Plaza Centre development
and the development of all pad sites and adjacent tracts of land; and,
WHEREAS, the City Council deems it appropriate to accept the Drainage
Easement from the property owner, PA69, LP 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. ,
THAT, the City Manager is hereby authorized and instructed to execute and
accept a Drainage Easement from PA69, LP for the purpose of constructing and
P.R. 20426
maintaining a drainage easement, in substantially the same form as attached hereto as
Exhibit "A".
THAT, said Drainage Easement shall be filed for 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 the day of , A.D. 2018 at a
meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Derrick Freeman, Mayor
ATTEST:
Sherri Bellard
City Secretary
P.R. 20426
APPROVED AS TO FORM:
I
Val ;�
Valecia Tizeno
City Attorney
APPROVED FOR ADMINISTRATION:
Harvey Robinson Armando Gutierrez, Jr., P.E.
Interim City Manager Director of Public Works
P.R. 20426
EXHIBIT "A"
(Easement)
P.R. 20426
DRAINAGE EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
THAT, PA69,L.P, 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 for the purpose of constructing, installing, laying,
maintaining, and repairing a line or lines for drainage 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.
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.
P.R. 20426
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. LaGRONE 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
P.R. 20426
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
P.R. 20426
ATTACHMENT "A"
(Metes&Bounds description by Soutex Surveyors&Engineers,Inc.)
P.R. 20426
Page 3
TBPE Firm No.F-5755
d� TBPLS Firm No.10123800
f LA EF.00057'1
\. ' ''' OUTE
3737 Doctors Drive
.'''
' Port Arthur. Texas 77642
SURVEYORS&ENGINEERS Office (109) 983,2004
Fax (409) 983-2005
0.7509 ACRE OF LAND
FOR DRAINAGE EASEMENT PURPOSES
PART OF LOT 4,BLOCK 12,RANGE "J"
PORT ARTHUR LAND COMPANY SUBDIVISION
JEFFERSON COUNTY,TEXAS
BEING 0.7509 acre of land, for drainage easement purposes, part of Lot 4. Block 12, Range "J", Port
Arthur Land Company Subdivision,recorded in Volume 1,Page 22, Map Records,Jefferson County,Texas;
being part of a(Called 38.870) acre tract of land described in a deed to PA69. L.P., recorded in File No.
2005024904,Official Public Records.Jefferson County,.texas,and part of a 3.000 acre tract surveyed this
same date; said 0.7509 acre tract being more fully described by metes and bounds as follows,to it:
Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of 1983,
South Central Zone, US Survey Feet, and are referenced to SmartNet. North America.
BEGINNING at a MAG nail in a concrete headwall, found on the North right-of-way line of Jimmy
Johnson Boulevard and the common line of Lot 4, Block 12, Range "J" and Lot 1, Block 12, Range "K",
for the Southeast corner of a (Called 0.399) acre tract of land, known as Tract II, described in a deed to
MPT of Port Arthur Re-Steward,LLC,recorded in File No.2017031612,Official Public Records,Jefferson
County.Texas, and the Southwest corner of the 3.000 acre tract; said MAG nail having Coordinates of N:
13921565.01,E: 3556408.11;
THENCE, North 53 deg. 28 mins. 21 sec. West (Called North 48 deg. 47 mins. 00 sec. West), on the
common line of Lot 4, Block 12, Range"J"and Lot I, Block 12, Range "K", same being the East line of
Tract II, at 370,63' passing a 1/2" steel rod, capped and marked"SOUTEX", set for the Northwest corner
of the 3.000 acre tract,and continuing a total distance of 432.22' to a 518 inch steel rod,capped and marked
"BUT", found on the East right-of-way line of Medical Center Boulevard, for the most northerly corner of
Tract II;
THENCE,North 53 deg. 29 mins. 37 sec. West(Called North 48 deg. 47 mins. 00 sec. West), on the East
right-of-way line of Medical Center Boulevard, and the common line of Lot 4, Block 12. Range "J" and
Lot 1, Block 12, Range "K", a distance of 356.22' to a point for the Southwest corner of a (Called 1.00)
acre tract of land described in a deed to Risinger Holdings,LLC,recorded in File No. 2011000378,Official
Public Records,Jefferson County. Texas; from which a bent 112"steel rod, found for an angle point in the
Last right-of-way line of Medical Center Boulevard, bears North 53 deg. 29 Mins. 37 sec. West (Called
North 48 deg. 47 mins. 00 sec. West),a distance of 496.45';
THENCE, North 36 deg. 30 mins. 23 sec. East, on the South line of the(Called 1.00)acre tract,a distance
of 29.04' to a point on the West line of a 20' wide utility easement to the City of Port Arthur,described in
File No. 2003030760, Official Public Records,Jefferson County, Texas;
THENCE,South 53 deg.27 mins.24 sec. East,on the West line of the 20'wide utility easement,a distance
of 396.69' to a point for corner on an extension of a southerly line of a proposed water& sewer easement
to the City of Port Arthur;
P.R. 20426
Page 2
THENCE,North 36 deg.28 mins.30 sec.East,on a southerly line of the proposed water&sewer casement,
a distance of 234.60' to a point for corner on a westerly line of the proposed water& sewer easement;
THENCE,South 53 deg. 32 mins.02 sec. East,on a westerly line of the proposed water&sewer easement.
a distance of 21.05' to a point for corner on the North line of the 3.000 acre tract surveyed this same date:
from which a crows foot scribed in concrete, on a westerly line of Tract PA69-1 A, a replat of a portion of
Lots 3 & 4, Block 12, Range "J recorded in File No. 2016011172, Official Public Records, Jefferson
County,Texas, for the Northeast corner of the 3.000 acre tract. bears North 36 deg. 27 mins. 58 sec. East.
a distance of 25.70':
THENCE, South 36 deg. 27 mins. 58 sec. West, on the North line of the 3.000 acre tract, a distance of
234.62' to a point for corner on the West line of the 20' wide utility casement;
THENCE,South 53 deg.27 mins.24 sec.East,on the West line of the 20'wide utility easement,a distance
of 339.79' to a point for corner, being 40' northwesterly,measured perpendicular, from the North right-of-
way line of Jimmy Johnson Boulevard;
THENCE,40' northwesterly of and parallel to the North right-of-way line of Jimmy Johnson Boulevard.
on the arc of a curve to the left, having a radius of 910.00', an arc distance of 227.48', a chord bearing of
North 53 deg. 27 mins.07 sec. East,a chord distance of 226.89' to a point for corner;
THENCE,North 38 deg. 31 mins. 05 sec. East, a distance of 74.84' to a point for corner on the East line
of the 3.000 acre tract and a westerly line of Tract PA69-1 A;
THENCE. South 53 deg. 32 mins. 01 sec. East, on a westerly line of Tract PA69-I A and the East line of
the 3.000 acre tract, a distance of 22.16' to a point for corner on the North line of an existing 25' wide
landscape easement recorded in File No. 2003030759, Official Public Records, Jefferson County, Texas;
from which an"X"in concrete, found for the Southwest corner of Tract PA69-1 A and the Southeast corner
of the 3.000 acre tract, bears South 53 deg. 32 mins. 02 sec. East,a distance of 25.09';
THENCE,on the North line of the 25' wide landscape easement. on the arc of a curve to the right, having
a radius of 925.00', an arc distance of 302.57', a chord bearing of South 50 deg. 49 mins. 42 see. West, a
chord distance of 301.22' to a point for corner on the West line of the 20' wide utility easement:
THENCE,South 53 deg. 27 mins.24 sec. East,on the \Vest line of the 20' wide utility easement,a distance
of 27.22' to a point for corner on the North line of Jimmy Johnson Boulevard; from which an "X" in
concrete,found for the Southwest corner of Tract PA69-I A and the Southeast corner of the 3.000 acre tract,
bears North 50 deg. 25 mins. 59 sec. East,a distance of 300.74';
THENCE,on the arc of a curve to the right, having a radius of 950.00', an arc distance of 31.40',a chord
bearing of South 60 deg.29 mins, 13 sec. West,a chord distance of 31.40'to the POINT OE BF.(;IN N 1 NG,
and containing 0.7509 acre of land, more or less.
This description is based on the Land Survey made under the direct supervision of Randall Alvey Creel,
Registered Professional Land Surveyor No. 6678 on August 15,2018.
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P.R. 20426
ATTACHMENT "B"
(Survey Drawing by Soutex Surveyors&Engineers,Inc.)
P.R. 20426
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