HomeMy WebLinkAboutPR 20456: FIVE FOOT SIDEWALK EASEMENT City of
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INTEROFFICE MEMORANDUM
Date: September 13, 2018
To: The Honorable Mayor and City Council
Through: Harvey Robinson, Interim City Manager
From: Armando Gutierrez, Jr., Director of Public Works
RE: P. R. 20456
Introduction:
Approval of Proposed Resolution No. 20456 authorizing the acceptance of a five foot sidewalk
easement from PAISD along 9th Ave. south of Lake Arthur Dr. to the service drive behind
Memorial High School.
Background:
Memorial High School is located at 3501 Staff Sgt. Lucian Adam Dr. at the corner of Staff Sgt.
Lucian Adam Dr. and 9th Ave. North 9th Ave. is listed as a Principal Arterial in the city's 2035
Thoroughfare Map which is part of the City's Comprehensive Plan recently adopted. The
designation of the Principal Arterial for North 9th Ave means it serves to convey vehicular
traffic from the FM 365 to SH73 and vice versa.
Base on the circumstances as listed above, a public sidewalk along 9th Ave. from the high
school service drive to Lake Arthur Dr. is warranted in order to provide a safe path for
pedestrians along this route.
The proposed sidewalk will run from the Southeast corner of Lake Arthur Dr. and 9th Ave to
the entrance road of Memorial High School. This part of the sidewalk is approximately 760
LF and is public once we get the approval for a five foot easement from PAISD. This
sidewalk will be paid for by the City of Port Arthur. The next installation of approximately
620 LF of sidewalk from the entrance of Memorial High School to the softball field is being
contemplated by the Port Arthur School District. They will discuss this matter at the next
Board meeting.
"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 *FAX 409.982.6743
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Constructing a sidewalk along the street right-of-way of 9th Ave. cannot be accomplished
without drainage facilities modifications. North 9th Ave does not have curb and gutter with
underground drainage facilities. Instead the drainage runoff from the street pavement is
collected on the roadside ditch. Constructing a sidewalk along this same area would require
placing the roadside ditch underground in a pipe. The alternative would be to acquire a five
foot sidewalk easement just inside the school property contiguous to the road right-of-way.
This agenda will be presented to the School Board meeting for their approval. Pending School
Board approval, City Council will accept a five foot sidewalk easement from PAISD for
sidewalk installation.
The city will pay for the construction of the public sidewalk next to 9th Ave where the City is
acquiring the five foot easement which will cost $24,423.70. Cost of the construction plans is
valued at$9,600 but those plans can be prepared by the Engineering staff and offered as
additional contribution by the city.
Budget Impact:
City funds are provided in account numbers 001-1203-531.87-00, Public Works Streets—ADA
Sidewalks.
Recommendation:
It is recommended that City Council authorize the City Manager to approve P. R. 20456. as
discussed and/or outlined above.
"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
P.R.20456
09/13/18 aw
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A FIVE
FOOT SIDEWALK EASEMENT FROM PAISD AND THE
INSTALLATION OF SIDEWALK ALONG 9TH AVE. SOUTH OF LAKE
ARTHUR DR. TO THE ENTRANCE OF MEMORIAL HIGH SCHOOL
THEN SOUTHWEST TO THE SOFTBALL FIELDS, WITH A
PROJECTED BUDGETARY IMPACT OF $24,423.70; FUNDS ARE
AVAILABLE IN THE PUBLIC WORKS STREETS DIVISION — ADA
SIDEWALKS ACCOUNT NO. 001-1203-531.87-00.
WHEREAS, the City Council has made quality of life as a primary goal of city
governance and administration; and,
WHEREAS, there is a need for the installation of sidewalk along 9th Ave. south of Lake
Arthur Dr. to the entrance of Memorial High School then Southwest to the softball fields in order
to provide a safe path for pedestrians; and,
WHEREAS in order to facilitate the construction, installation, and laying, of a sidewalk,
PAISD is considering granting the City a five foot easement to allow for the installation of a
sidewalk; and,
WHEREAS, per Res. 18-261, the City entered into an agreement with Greenscapes Six,
LLC of Baytown, Texas on July 3, 2018, for sidewalk installation; 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,
THAT, the City Council authorizes the acceptance of a five foot sidewalk easement and
the installation of sidewalk along 9th Ave south of Lake Arthur Dr. to the entrance of Memorial
High School with a projected budgetary impact of$24,423.70; and,
THAT, this resolution is contingent upon the approval of the PAISD Board.
P.R.20456
09/13/18 aw
THAT, funding is available in the Public Works Streets — ADA Sidewalk account no.
001-1203-531.87-00.
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:
Mayor
ATTEST: APPROV D AS TO FORM:
Sherri Bellard Valecia Tizer1-4=)
City Secretary City Attorney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY
OF FU S:
Harvey Robinson Andrew Vasquez
Interim City Manager Director of Finance
LL/,(4p.--
Armando Gutierrez, Jr., P. E. Clifton Williams
Director of Public Works Purchasing Manager
P.R.20456
09/13/18 aw
Exhibit "A"
EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
THAT, the Port Arthur Independent School District, 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, and
laying, sidewalks for public use 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.
WITNESS OUR HAND(S), this day of , A.D., 2018.
PORT ARTHUR INDEPENDENT SCHOOL DISTRICT
By:
Dr. Mark Porterie, PAISD
Superintendent
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Dr. Mark Porterie, Superintendent for the Port Arthur Independent School District,
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 Port
Arthur Independent School District, for the purposes and considerations therein
expressed, and in the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 2018.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
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
, 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)
EXHIBIT'A"
5'SIDEWALK EASEMENT
0.1340 acres of land out of Lots 6-8, Block 10, Range "I" of the Port Arthur Land Company Subdivision in
Jefferson County,Texas, according to a plat of said subdivision recorded in Volume 1, Page 22 of the
Map Records of Jefferson County, and Being a portion of a 58.950 acre tract of land conveyed to Port
Arthur Independent School District,As Recorded in Volume 1614, Page 419, Deed Records,Jefferson
County,Texas; and being more particularly described by metes and bounds as follows,
BEGINNING at a %2" capped iron rod found at the most northerly corner of the PAISD property and said
point being on the right of way line of 9th Avenue for the Point of Beginning hereof;
THENCE South 37 deg.00 min. 02 sec. West along Northerly property line of the PAISD property for a
distance of 5 feet for the most NW corner hereof;
THENCE South 53 deg. 21 min. 14 sec. East with a line parallel with the easterly line of the PAISD
property for a distance of 78.94 feet to a point hereof;
Thence South 52 deg. 21 min. 14 sec. East with a line parallel with the easterly line of the PAISD property
for a distance of 286.49 feet to a point hereof;
Thence South 53 deg. 21 min. 14 sec. East with a line parallel with the easterly line of the PAISD property
for a distance of 810.80 feet to a point on the right of way line of Sgt. Lucian Adams Drive for the most
Southwesterly corner hereof;
THENCE North 8 deg.46 min. 31 sec. West and with the PAISD property line for a distance of 7.12 feet to
a point on the right of way line of 9th Avenue for the Southeasterly corner hereof;
THENCE North 53 deg. 21 min. 14 sec. West and with the right of way line of 9th Avenue for a distance of
805.80 feet to a point hereof;
THENCE North 52 deg. 21 min. 14 sec. West and with the right of way line of 9th Avenue for a distance of
286.49 feet to a point hereof;
THENCE North 53 deg. 21 min. 14 sec. West and with the right of way line of 9th Avenue for a distance of
78.83 feet for the Northeasterly corner hereof and Point of Beginning and containing 0.1340 acres of
land more or less;
All bearings and distances are grid bearings and distances based on the Texas Plane Coordinate System
for the South Central Zone.
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Cost Estimate
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