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Home My WebLink AboutPR 14542: PORT ARTHUR HOLDINGS IIIMEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROM: Kelly Eldridge, Director of Utility Operations ~l`/J ; ~J DATE: January 24, 2008 ~fd'Ltr`~ RE: Proposed Resolution No. 14542 COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 14542 accepting Water Utility Easements from Port Arthur Holdings III for the purpose of installing, maintaining, operating, and replacing water lines through portions of their property. BACKGROUND The new Shoppes of Port Arthur commercial development on Hwy. 69 & F.M. 365 required the installation of water lines to provide service to this property. During the construction process, the limited right-of-way dedicated did not allow sufficient room for utilities, and we allowed the developer and their contractor to change his proposed construction to place certain meter vaults outside the proposed ROW in dedicated easements. The developer did not include these easements in their plat of this development, and wish to do it now by Easement document. This will allow the City to install meters to serve these stores. BUDGET/FISCAL. EFFECT None. STAFFING/EMPLOYEE EFFECT None. SUMMARY I recommend that the City Council approve P.R. No. 14542 accepting Water Utility Easements. P.R. No.' 14542 01/24108 RESOLUTION NO. A RESOLUTION ACCEPTING WATER UTILITY EASEMENTS FROM PORT ARHTUR HOLDINGS III FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF WATER UTILITIES IN THE CITY OF PORT ARTHUR. WHEREAS, the City Couhcil of the City of Port Arthur deems it appropriate to accept a water utility easement(s) from Port Arthur Holdings III for the construction, installation, laying, and maintenance of water utilities in the City of Port Arthur under, through, and across a portion of property owned by Port Arthur Holdings III 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 Port Arthur Holdings III for the purpose of constructing, installing, laying and maintaining water utilities in substantiallythe same form as described in Exhibit "A", attached and made a part hereof; and, THAT a certified copy of said 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 day of 2008, at a Regular Meeting of the City Couricil of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers: P.R. No. 14542 01 /24108 Page 2 NOES: ATTEST: Terri Hanks Acting City Secretary APPROVED AS TO FORM: Mark Sokolow City Attorney APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons City Manager Deloris Prince Mayor Kelly EI ridge Director of Utility Operations EXHIBIT A EASEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS THAT, Port Arthur Holdings III, hereinafter called-"Grantor", for and inconsideration of the sum of Ten Dollars ($10.00)-and other valuable consideration to the undersigned 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, has GRANTED, SOLD -and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the said City, a right, privilege and easement in, under and across the following described tracts of land situated in Jefferson County, Texas, to-wit: Easement #1: See Exhibit "A1"attached hereto and incorporated herein by reference. Easement #2: See Exhibit "A2" attached hereto and incorporated herein by reference. Exhibit B is a drawing depicting Easements #1 8~ #2, also attached hereto and incorporated herein by reference. - Said Easement(s) 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 to ingress to and egress from the above described tracts of land for the aforesaid purposes of this Easement. It is expressly understood and agreed that the. City shall: have the right to the temporary use of adjacent property to the above designated Easement as is reasonably Easement Page 2 of 3 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. SIGNED AND EXECUTED this day of , 2008. By: APPROVED AS TO FORM: Port Arthur Holdings III GRANTEE: City of Port Arthur P. O. Box 1089 Port Arthur, Texas 77640 Mark Sokolow City Attorney z. .... _ _. ACKNOWLEGEMENY THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared of Port Arthur Holdings III, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that helshe executed the same for the purposes and consideration therein expressed and as the act and deed on behalf of Port Arthur Holdings III. GIVEN UNDER MY HAND AND SEAL OF OFFICE. on this the day of 2008. Notary Public for the State of Texas RETURN TO: CITY OF PORT ARTHUR ATTN: Mark Sokolow City Attorney P. O. Box 1089 Port Arthur, Texas 77641-1089 EXHIBIT "Al" 0.0205 ACRE OF LAND FOR UTILITY EASEMENT PURPOSES r` OUT OF BLOCK 8, HILLCREST SECOND REVISED ADDITION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS BEING 0.0205 acre of land out of and a part of Lots 11 and 12, Block 8, Hillerest Second Revised Addition, recorded in Volume 7, Page 6, Map Records, Jefferson County, Texas; being part of a (Called 4.4887) acre tract of land known as Tract III conveyed to Port Arthur Holdings III, recorded in File No. 2006023320, Official Public Records, Jefferson County, Texas; said 0.0205 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a 5/8" steel rod found on the South right of way line of a dedicated road named F.M. Highway 365; said 5/8" steel rod being the Southwest corner of the (Called 4.4887) acre tract being on the East line of Lot 17, Block 8; Hillerest Second Addition "Acres", recorded in Volume 4, Page 106, Map Records, Jefferson County, "Texas; THENCE, Ref. Lin = North 48 deg., 46 min., 38 sec., West, on the West line of the (Called 4.4887) acre tract, same being the West line of said Lot 17; Block 8, a distance of 279.56' to a point for comer being the POINT OF BEGINNING and Southwest corner of the herein described tract; THENCE, North 48 deg., 46 min., 38 sec., West, continuing on the West line of the (Called 4.4887) acre tract, same being the East line of said Lot 17; Block 8, a distance of 15.00' to a point for corner being the Northwest comer of the herein described tract; THENCE, North 41 deg., 12 min., 03 sec., East, a distance of 48.59' to a point for comer being the Northeast comer of the herein described tract; THENCE, South 48 deg., 47 min:, 57 sec., East, a distance of 25.86' to a point for corner being the Southeast comer of the herein described tract; THENCE, South 41 deg., 12 min., 03 sec., West, a distance of 15.00' to a point for comer being the most Southerly Southwest comer of the herein described tract; THENCE, North 48 deg., 47 min., 57 sec., West; a distance of 10.86' to a point for corner being an interior corner of the herein described tract; , THENCE, South 41 deg., 12 min., 03 sec., West, a distance of 33.60' to the POINT OF BEGINNING and containing 0.0205 acre of land for utility easement purposes. EXHIBIT A2 EXHIBIT "A2" 0.0435 ACRE OF LAND FOR UTILITY EASEMENT PURPOSES OUT OF BLOCK 8, HILLCREST SECOND REVISED ADDITION,.. CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS BEING 0.0435 acre of land out of and a part of Lot 11, Block 8, Hillcrest Second Revised Additior, recorded in Volume 7, Page 6, Map Records, Jefferson County, Texas; being part of a (Called 4.4887) acre tract of land known as Tract III conveyed to Port Arthur Holdings III, recorded in File No. 2006023320, Official Public Records, Jefferson County, Texas; said 0.0435 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a 5/8" steel-rod found on the South right of way line of a dedicated road named P.M. Highway 365;. said 5/8° steel rod being the Southwest corner of the (Called 4.4887) acre tract being on the-East line of Lot 17, Block 8, Hillcrest Second Addition "Acres", recorded in Volume 4; -Page 106, Map Records; Jefferson County, Texas; THENCE, Ref. Line =North 48 deg., 46 min., 38 sec., West, on the West line of the (Called 4.4887) acre tract; same being the East line of said Lot 17, Block 8, a distance of 369.11' to a point for corner being the POINT OF BEGINNING and Southwest corner of the herein described tract; THENCE, North 48 deg., 46 min., 38 sec., West, continuing on the West line of the (Called 4.4887) acre tract, same being the East line of said Lot 17, Block 8, a distance of 15.01' to a point for corner being the Northwest corner of the herein described tract; from which a 5/8" steel rod found for the Northwest corner of the (Called 4.4887) acre tract, bears North 48 deg., 46 min., 38 sec., West, a distance of 324.31'; THENCE, North 43 deg., 28 min., 10 sec.,.East, a distance of 126.71' to.a point for comer being the Northeast corner of the herein described tract; THENCE, South 46 deg:, 31 min., 50 sec., East, a distance of 15.00' to a point for comer being the Southeast comer of the herein described tract; THENCE, South 43 deg., 28 min., 10 sec., West; a distance of 126.12' to the POINT OF BEGINNING and containing 0.0345 acre of land for utility easement purposes. This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on January 24, 2008. City of Port Arthur LS-07-1323E EXHIBIT B C F.M. H_WY 365 POINT OF COMMENCING m ( R.O. VJ. J/ARIES ) FOUND 5/8' STEEL ROD S. W. CORNER CALLED ~ 4.488] ACRES m 9 -~~SWTH R.O. W. 'JNE v "~ m ~ H no r .o m ~ ~ ~~m L ~ ~ o ~ ~'eh I ~ i~c~0 z Or ' - ^ °: ~~~ ~ z ~ a dL n ~~ ~ ~ p p yY o m p ze~s~oa w ~~c] "~" Im ~~ o $ O r m f n m z d N~ ~ ~ _ ~ ~ mn ~d __ a o s~z zz [n ~z z m ~ _ cT I L4 c I G T U N m r I ~ I ?mo m "~° Tea ~o~ -1 o ~z_ ~oc'p i ~ o~ ~ D I -' `mnw~ L4 / p~ ~ Z ~ Vl Z ~ m 0=U1 ~- i O _ (lNp~1= U r OF D A z A m i r~-~, z ° c ' m Z ~ O N m rn ro ---I - i ,~ ~ o N °o m o Z v 2'~.'U' y~j ~ ~p a. - - ' £ ~H r0 0 m tl CD ~ ' 0 y C9 ^~ 3 ~t7 ~.~- ~ _ O ~ O ~ ~zd~ ~ ~ `FOUND 5/8" STEEL ROD N.W. CORNER CALLED 4.4887 ACRES SUR\'El'OR'S CE0.TIFICATION~. 1/24/D8 The undersigned does hereby-certi[y Lhat this survey was this day made on the ground of the property legally described hereon and is correc L, This survey is certified for th is transaction only: ¢ is n ot transferable to additional institu L•nRS or subsequent owners. C =~~ o :~~ -` 1.!ETES AND BOUNDS 1 1`~ ~ Ltc - !!..~REG[STERcD PROFESSIONAL LAND SURVEYOR N0. 5481 TO ACCOl.1PANY PLOT \ . n1 ~ ~ IJ i OF EVENDAT° ~,.1 itl ~_`2-( - EXHIBITS Al & A2 - ^.~ 0, ,a~ttU h:-" ' ~'""` EXHIBIT B 0]-1323E EASEMENT I - 0.0205 ACRE OF LANG PART EASEMENT 2 BLK 12 0 rv~e 1' 100' _ ~~ OUTEX S . , OP LOTS 11 & . 0.0435 ACRE OF LAND PART OF LOT 11 BLN '" j/p4/O8 8, HILLCREST SECOND REVISED ADDITION, VOL o.. SURVEYORS INC. ], PG. 6. MPP RECORDS JEFFERSON COUNTY, T CHASE _! l _= 3737 OOC'PORS DRIVE PORT ARTHUR, TEXAS 77G42 ~ X~ ~ CITY OF PORT ARTHUR p BOX t089 o °®°' A. LEGER _ - (4053) 983-2004 (409) 983-2000 . . 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