HomeMy WebLinkAboutPR 21086: ACCEPTING A PIPE EASEMENT AT 5924 ASH AVENUE City Of
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INTEROFFICE MEMORANDUM
Date: September 26, 2019
To: The Honorable Mayor and City Council
Through: Ron Burton, Interim City Manager
From: Donnie Stanton—Interim Director of Utilities
RE: PR 21086—Accepting a Pipe Easement at 5924 Ash Avenue
Introduction:
The sewer tie for 5925 West Port Arthur Road is connected to a 30" sanitary sewer main to an
8" sanitary sewer main on Ash Avenue. The lateral connection is into a 30" main, and the
Utilities Department is desiring to relocate due to the liability involved in tying a sewer
connection into a large sewer main
Background:
The Utilities Department looked for an alternative to connecting a sewer tie into a large main
and wishes to relocate the sewer connection for 5924 Ash Avenue to the 8" main. The issue
arose when multiple repairs were necessary for that connection.
Budget Impact:
None.
Recommendation:
It is recommended that the City Council approve Proposed Resolution No. 21086,which accepts
a Water Utilities Easement from Jose Estupinan and Maria Estupinan for the purpose of
installing, maintaining, operating, and replacing public utilities sewer pipe on a portion of their
property for relocation of a sewer tie-in.
"Remember,we are here to serve the Citizens of Port Arthur"
P.R. No. 21086
9/26/19 tm.
Page 1 of 2
RESOLUTION NO.
A RESOLUTION ACCEPTING A WATER
UTILITIES EASEMENT FROM JOSE AND
MARIA ESTUPINAN FOR THE
CONSTRUCTION, INSTALLATION, LAYING,
AND MAINTAINING OF WATER UTILITIES
FOR A SEWER CONNECTION TO A SMALLER
SEWER MAIN ON THEIR PROPERTY AT 5924
ASH AVENUE IN THE CITY OF PORT ARTHUR.
WHEREAS,the City of Port Arthur proposes to reconnect a sewer connection to a smaller
8" sewer main from a large 30" sewer main; and,
WHEREAS,the City of Port Arthur requires an easement adjacent to the existing public
right-of-way on Ash Avenue,and the City Council deems it appropriate to accept a Water Utilities
Easement from the property owner: Jose and Maria Estupinan for the construction, installation,
laying, and maintenance of public water utilities under, through, and across a portion of their
property in 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 a Water Utilities Easement from Jose and Maria Estupinan 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, said Water Utilities 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.
P.R. No. 21086
9/26/19 bw
Page 2 of 2
READ,ADOPTED AND APPROVED THIS day of
2019, at a Regular Meeting of the City Council of the City of Port Arthur, Texas. by the following
vote: AYES: Mayor
Councilmembers:
NOES:
Thurman"Bill"Bartie
Mayor
ATTEST: APPROVED AS TO FORM:
I;,/ o e ,/- 0,
Sherri Bellard Va •' a Tiz o
City Secretary City Atto ey
APPROVED FOR ADMINISTRATION:
Ron Burton Donald Stanton
Interim City Manager Interim Director of Utilities
ATTACHMENT "A"
(Easement)
WATER UTILITIES EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
THAT, Jose and Maria Estupinan, hereinafter called "Grantor(s)", for and in
consideration of the sum of ZERO AND NO/100 ($0) 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 Exhibits
"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.
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.
I I
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.,
2019.
Jose and Maria Estupinan
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
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the
day of , 2019.
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 , 2019.
CITY OF PORT ARTHUR
By:
Ron Burton
Interim City Manager
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME, the undersigned Notary Public, on this day personally appeared Ron
Burton, 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
, 2019.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
EXHIBIT "A"
(Metes&bounds description by Soutex Surveyors)
TBPE Firm No.F-5755
TBPLS Firm No.10123800
u.
LA EF.0005711
TEX_ , - 3737 Doctors Drive
.t) 411-
Port Arthur,Texas 77642
SURVEYORS&ENGINEERS Office(409)983.2004
Fax(409) 983.2003
0.0229 ACRE OF LAND
FOR UTILITY EASEMENT PURPOSES
PART OF TRACT 19-A,BLOCK 34, PORT ACRES
JEFFERSON COUNTY,TEXAS
BEING 0.0229 acre of land, for utility easement purposes, part of Tract 19-A, a replat of Lots 19 & 20,
Block 34, Port Acres, recorded in File No. 2011037597, Official Public Records, Jefferson County,
Texas; said 0.0229 acre tract being more fully described by metes and bounds as follows,to wit:
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 1 inch ship bolt, found on the Northeast right-of-way line of Ash Avenue, for the
most westerly common corner of Lots 18 and 19, Block 34, Port Acres,recorded in Volume 4, Pages 42
through 47, Map Records, Jefferson County, Texas, the most southerly corner of Tract 19-A, and the
most southerly corner of the herein described tract; said ship bolt having coordinates of N: 13906654.01,
E: 3550466.07;
THENCE, North 30 deg. 51 min. 37 sec. West (Called North 27 deg. 26 min. 00 sec. West), on the
Northeast right-of-way line of Ash Avenue, a distance of 10.00' to a point for the most westerly corner
of the herein described tract; from which a 1 inch ship bolt found for the most westerly corner of Tract
19-A, bears North 30 deg. 51 min. 37 sec. West (Called North 27 deg. 26 min. 00 sec. West), a distance
of 89.83';
THENCE,North 59 deg. 07 min. 08 sec. East, a distance of 99.83' to a point on the Southwest line of a
20' wide alley, same being the Northeast line of Tract 19-A, for the most northerly corner of the herein
described tract;
THENCE, South 30 deg. 51 min. 37 sec. East (Called South 27 deg. 24 min. 53 sec. East), on the
Southwest line of said 20' wide alley, same being the Northeast line of Tract 19-A, a distance of 10.00'
to a 1 inch ship bolt found for the most easterly corner of Tract 19-A, the most easterly common corner
of Lots 18 & 19,Block 34, and the most easterly corner of the herein described tract;
THENCE, South 59 deg. 07 min. 08 sec. West (Called South 62 deg. 41 min. 31 sec. West), on the
common line of Lots 18 and 19, Block 34, same being the Southeast line of Tract 19-A, a distance of
99.83' (Called 99.97') to the POINT OF BEGINNING, and containing 0.0229 acre of land, more or
less.
This description is based on the Land Survey made under the direct supervision of Randall Ivey Creel,
Registered Professional Land Surveyor No. 6678 on September 21, 2019. - - -
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City of Port Arthur o r....
LS-19-0388 !! RA /141frA 6' ,
' 6678 "'
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EXHIBIT "B"
(Easement sketch by Soutex Surveyors)
CLIENT: CITY OF PORT ARTHUR
SCALE: 1'-20'
0 ,i
20
20' WIDE ALLEY S 30'51'37' E 10.00'
(CALLED S 27'24'53' E)
FOUND 1'
_Th.
®1 �SMIP BOLT-- — —
N
CA
17 m
1:.29'
� m m
0�� P n
`9' m
pG� oV
4R P o co 6
In o'N `O. 3a
2 N
U
0.0229 ACRE OF LAND
FOR UTIUTY EASEMENT PURPOSES
PART OF TRACT 19—A. BLOCK 34
PORT ACRES
JEFFERSON COUNTY, TEXAS
NORTKASf R.O.W.UNE
N 30'51'37" W 89.63'
N SHOP BOLT (CALLED N 27'26'00" W) J "POINT OF
a N 30.51'37" W 10.00' BEGINNING
E. (CALLED N 27'26'00" W) FOUND 1'
SHIP BOLT
n'. N:13906654.01
E:3550466.07
ri ASH AVENUE
gi ( 50'PUBLIC R.O.W. )
a
nescse'nas or=rocs, LOCATE CORNERS ONLY
5 SURVETDR•e CHRTDIIcLTTOE:
i The underaigned does hereby certify that this survey was this day 9/21/2019 made on the ground of the property legally described
hereon in accordance with the minimum standards of practice promulgated by the Tezae Board of Professional Land Surveying Phis
isurvey is certified for this transaction only and is not transferable to additional institutions or subsequent owners.
The above tract being located at 5924 ASH AVENUE, PORT ARTHUR. TEXAS 77640
i end being described as
z 0.02''S ACRE OF LAND. FOR UTILITY EASEMFNT PURPOSES_ PART OF TRACLI9-A PEPLAT OF,OTS 19 & 20, BLOCK 34. PORT ACRES
h ee recorded In File No. 2011037597 of the O* jICIAI P./FICIAL [�ur Records of JEFFERSON
2 Insurance Rate Map of the Federal Emergency Management enchene su, ect tract lies
in
the
flood
the no rood
Location on map was determined by scale. Actual field elevation not map
eterrmin d,sunlesstrequest d. SOTEY SURVEYORS, Inc.odoes onot
o warrant nor subscribe to the accuracy or scale of said map.
a
Yr ACCO METES AND YO TO
# ACCOMPANY SURVEY OF F EVEN
DATE. ,1,
al A = POINT FOR CORNER Lt///
ii
RAND ALVEY CREEL
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 8878
SURVEYORS NOTES
t. M5 SURVEY DOES NOT WARRANT OWNERSHIP.THERE MAY BE EASEMENTS 0R OTHER MATTERS NOT SNONN.
a FEMA Flood Zone:�_ 2. BEARINGS.COORDINATES.DISTANCES AND ACREAGE ARE BASED ON THE TEXAS COORDINATE SYSTEM OF
R 1583,SOUTH CENTRAL ZONE.(US SURVEY FEET)REFERENCED TO SIARTNET.NA -,c�OF rF
a 3. THIS SURVEY WAS PREPARED WI11HOUJT THE BET{FTT OF A TITLE REPORT. �gTE 'f'
Community Panel NO.: A A,- •4 o9s,
e 485499-0025-E cy'e'
3737 Doctors Drivc 'RANDALL ALVEY CREEL 7
11
Panel Date: 4/17/84 1..1.
Port Arthur.Texas 77642 :q 6678 P;. H
a:Qr
o Project No. 19-0388 Te1.409.983.2004 1�T'P"Es510 O
S SURVEYORS ENGINEERS Fax.409.983.2005
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