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HomeMy WebLinkAboutPR 14648: PA69 LP (LSI COMMERCIAL DEVELOPMENT) - UTILITY EASEMENTSMEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager ~ FROM: Kelly Eldridge, Director of Utility Operations `!/ /_ ;! f DATE: i\Aarch 27, 2007 l (~CCh ~ - _ RE: Proposed Resolution No. 14648 COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 14648 accepting. Utility Easements from PA69, LP for the purpose of installing, maintaining, operating, and replacing water and sewer utilities through portions of their property. BACKGROUND .. _ .. The new LSI Commercial Development along S.H_ 69 iu front of tfie Medical Center of Soutfieast -. - -- Texas required the extension of water and sewer lines to provide service to this property. These easements extend throughout this property. An accompairying ProposedResolution recommends acceptance of the public water and sewer utililies in these easements. BUDGET/FISCAL EFFECT None. STAFFING/EMPLOYEE EFFECT None. SUMMARY I recommend that the City Council approve P.R. No. 146,48 accepting these Utility Easements. P.R. No. 14648 03/27/08 RESOLUTION NO. A RESOLUTION ACCEPTING A WATER UTILITY EASEMENT FRO)\9 PA69, LP FOR THE CONSTRUCTION, INSTALLATION', LAYING, AND MAINTAINING OF UTILITIES IN THE CITY OF PORT ARTHUR. WHEREAS, the City Council ofthe CityofPort Artlmr deems it appropriate to accept utility easements from PA69, LP for the carsh-uction, 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 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 Council of the CityofPort Arthur, Texas, by the following vote: AYES: Mayor Councilmembers: NOES:. ATTEST: Terri Hanks Acting City Secretary APPROVED AS TO FORM: ~;' ~ % iVlark Sokolov City Attorney APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons City Manager P.R. No. 14648 03/27/08' Page 2 Deloris Prince Mayor /4~7~i~~A..a Kelly E dridg~ Director of Utility Operations ATTACHMENT "A" THREE UTILITY EASEMENTS THE STATE OF TEXAS KIx'OW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON 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 "Cit}~') as well as other-good and valuable consideration, receipt of all ofwhich 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 Arthui'Land Company Subdivision as recorded im Volume.l, 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 forthe purpose ofconstructing,installing, laying, maintaining, and repairing a line or lines for water and sanitary sewer purposes and it is granted subject to these provisions: , It is expressly understood and agreed that the City shal l have the right of ingress to and egress from the above described tracts of land for the aforesaid purposes of these Easements. B 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) thi5~'L day of QG , 2008. PA69; LP By: Its General Partners FREEWA ES LLC BY . N. Baker, M nager KERRY R. LaGRON LLC BY: ~~~~ Kerry R. LaGrone, Manager STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me theme day of _, 2008 by O. N. BAKER, Manager ofFREEWAY REAL PROPERTIES LLC, General Partner of PA69, LP, a Texas Limited Partnership, on behalf of PA69, LP. ~ C~ NADINE HARDIN - I~tOta Pllbhc ~' l otary u ic, State of Texas ry j%L, _; My Commission Expires STATE OF TEXAS October JI. 2ooa ..- COUNTY OF HARRIS ~" This instrument was acknowledged before me theme day 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. ~. No ry Public Approved as to Form: GRANTEE CITY OF PORT ARTHUR P. O. Box 1089 _ Port'Arthur; Texas City Attorney s4w~(rg?;,^ NADINE HARDIN ~~~.," _ Notary Public, State of Texas '~i.,' My Commission Expires ~j` ~<<~: OctoberJl,2008 r ~ 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 Stephen Fitzgibbons, City Manager ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned Notary Public, on this day personally appeared Stephen Fitzgibbons, Citv 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 April, 2008. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS ' ~ ARCENEAUX & GATES ARCENEAUX Consulting Engineers, Inc. GATES Engineers • Surveyors • Plminers EXHIBIT A - 1 METES AND BOUNDS DESCRIPTIONS OF THREE (3) TRACTS OF LAND FOR EASEMENT PURPOSES OUT OF LOTS 3 AND 4, BLOCK 12, RANGF, "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 OfSce, 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 F,ASE`fbIENT~"A"- 15 FEET WIDE UTILITY EASEMENT FOR LOCATIVE PURPOSES, commence at a ''/i' steel rod found located on the Northerly line of Jimmy Johnson Boulevazd mazking 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 comer 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 mazking the Northwest comer 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 \UgrnymuUBGUkG SURVEYINGV.fEfES & BOUNUSI2008LL51~ 190 Aac 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; E~II3IT B - 2 EASEMENT "B" 15 FEET WIDE UTILITY EASEMENT FOR LOCATIVE PURPOSES, commence at a %z" steel rod found located on the Northerly line of Jimmy Johnson Boulevard mazking 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 comer 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 a distance of 749.15 feet to the Northwest comer; 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" comer; 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 comer 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 comer of the herein described tract of land; THENCE South 41 deg. 13 min. 00 sec. West a_distance of 366.52 feet to an angle point and "Etl"comer; THENCE South 48 deg. 47 min. 00 sec. East a distance of 112.00 feet to an angle point and "Ellt' corner; Page 2 of 7 \1AgcngscrraU&G\ARG SURVEYMGM4ETE5 & BOUNDSIIOOSV.51-190.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" comer; THENCE North 4 ] deg, 13 min. 00 sec. East a distance of 5.00 feet to an angle point and "Ell" corner; THENCE North 48 deg. 47 min. 00 sec. West a distance of 92.00 feet to an angle point and "Ell" comer; 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; E~tIBIT B - 3 EASEMENT "C" UTILITY EASEMENT (WIDTH VARIES) FOR LOCATIVE PURPOSES, commence at a ''/z" 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 beazing) 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 %" steel rod found mazking an angle point for corner; THENCE South 48 deg. 31 min. 41 sec. West a distance of ]0.17 feet to a %z" steel-rod found marking an angle point forcorner; 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. I4 min. 34 sec. West.to a point mazking 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 tine 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 UAgengscvetlA&GUeiG SURVEYMGVHETES & BOUNDS@0081LSi-190.doc THENCE North 48 deg. 47 min. 00 sec. West a distance of 470.51 feet to an angle point ` ,and"Ell"corner; THENCE South 4] 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 4I deg. 13 min. 00 sec. East a distance of 214.57 feet to an angle point and "Ell" comer; THENCE North 48 deg. 47 min. 00 sec. West a distance of 237.90 feet to a point mazking 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" comer; 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 of296.32 feet to the Southeast _ comer and POINT OF BEGINNING and containing in area 0.979 acres of land, more or less. Page 4 of 7 \UgengservedA&GU&G SURVEYINGV+(ETES & BOUNDS@008LLS1-190:dat Surveyed: January, 2008 Revised: Mazch, 2008 a Jo ob) Hodges R.P.L.S.#4583 3 -LJ^ ~ ~~ 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.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 lUgengsaverlA&GVA&G SURVEYINGU4EiES & BOUNDS@008\LSI-190.d« Ex±IBIT $ - 4 25' LANDSCAPE ESMT. CF~2003030759 O.P.R.J.C. ~ (L2CC) Oy ~p{ ~q 4p~o~(L1CC)POB ~'JpJ prey ; (L2C) J 0] FND. Z 1/2' TO\S.R. Z O (L1C) ~ (L2B) g =~ POB (LTB)\ I S 41°32'00' W 36.69' (REF. BRG.) {L4C) EASEMENT'C' OPA UnLITV EASEMENT CWiQ E 879 ACR ~/ I PA 8B, LP. 3.020 ACRES CF#2005024901 O.P.RJ.C. (L3C) (LEASE TRACT B) PHASE II 5.5099 ACRES EASEMENT'B' 1s•cPwununEA9EMENr 0.478 ACRES LINE A, O.PRJG, 0E3MP0E 6E 9108bl6)10 (CALlEO 2ELE3 ACRE5I IASIB flNAHCE TElMB HOLDINGS, LLC NOTE: BEARINGS REFERENCED TO THE. NORTHERLY RIGHT OF WAY LINE OF JIMMY JOHNSON BOULEVARD S 41'32'00" W -DEED CF~J 2005024901 O.P.R.J.C. AND PORT ARTHUR LAND COMPANY SUBDIVISION NORTH LEGEND: ~ FOUND PROPERTY CORNER AS SHOWN • POINT FOR CORNER Poc POINT OF COMMENCING 'Poe POINT OF BEGINNING SEE PAGE 7 FOR LINE TABLE s ® ARCBNEAU% k GATBS ARCENEAUX Coan1~ ~°°°T~• 1no• ~ S°fiKf@I SKnp°n Wue.n GATES 1 eeEl TurU. a..k o.l.., sxl. IOt OAIOG 00(pC K Prot July. T..u T7EJt m .min ELt Nw) Tu-rmE E @E E 3 IT 1, 6061( L, RAND! V' R E. BLOCK V, RAROE •J• fENT~A (L4A) ~11B)1L72B) z ' fN0~L108 (L9B) 1/2" \S.R. a (LEASE TRACT A) , PHASEI 2a' unL. Esni r. CF~'2003030760 O.P.R.J.C. (E%ISTINC SANITAttY SEWER y\.I.N EA9EMENi) Pw~,s~, xomx `30' TEPPCO ESMT. ~ CF82000001372 O.P.R.J.C. p~ (L7C) ~ PROPOSED 15' ENERGY ESMT -_. ~ _ (L12C) (L8C) (LT1C) a ¢9C) (L10C) ry NTURE 27 CPA WATER6 X ~ ' SAN. SEWER ESMT FUTURE iS CPA WATER ESMT z M N b'tTW W ..~ 30' cIPCD ESMT. (FORMERLY CHICO OF (L5B) _ (L4B) iE%75 CORP.} VOL. 1497 PG. 301 D.R.J.C Ay / PA 69, L.P. ~ 38.87 ACRES w / // / CF# 2005024904 AND // / CF#2005031200 - / ~ // OP_R.J.C. / // / / 50' FEXA,S PIPELINE / // / CORP. ESMT. (SHELL. /// // PIPELINE MARKERS IN _ __ /// // ESMTT.) VOL. fi98 PG. 5.3834 ACRES //j b'UO~'E 347 O.R.J.C. / 1M.W = / / / ro lo' ESMT. / // SOUTHWESTERN DELI ro / / / $ o. TELEPHONE / // // ~ R FC8101-04-0959 / /// / z R.P.R.J.C. ~ _- _ FNO. s u•3E•sr E na.sc - 5/8° (L7g) 10' UTIL ESMT. S.R. \ A CFS20010 O.P.R U.S. HWY. 69, 96 & 287 w •tq ~ OF TF (AXA MEMORIAL BOU1fVARD) .~~, ~ ,~ •, .~ ..... e• ~ •s •~°• ~ Ad Ess..~°~P~ ,~ EXHIBIT SHOWING THREE PAGE PROPOSED UTILITY EASEMENTS LOCATED ON THE P.A. 69 L. P. PROPERTY OUT OF LOTS 3 AND4 BLOCK 12 RANGE J , , . . or PORT ARTHUR LAND COMPANY SUBDIVISION PORT ARTHUR, JEFFERSON COUNTY, TX. DATE: JANUARY 2008 SCALE: 1'=200' DRAWN: J.D.G. PROJ. No.: LSI-190 VER: AUTOCAD 2008. CHECKED: J.R.H. LINE TABLE DATA EASEMENT "A" NUMBER DIRECTION DISTANCE (L1A) S41°32'00"W 45.76' (L2A) S 41°32'00" W 15 00' (L3A) N 46°4700" W 350.16' (L4A) N 41'13'00" E 15.00' (L5A) S 48°4T00" E 350 26' EASEMENT"B" NUMBER DIRECTION DISTANCE (l1 B) S 41°32'00" W 155.05' (L28) S 41°32'00" W 15.00' (L3Bj N 48.47'00" W 749.15' (L46) N 41'13'00" E 15.00' (L5B) S 48°47'00' E 198.98' (L6B) N 41'13'00" E 522.20 (L70) S 48°33'52" E 15.00' (LeB) S 41.13'00"W 366.52' (L98) S 48°4700" E 1200' (L106) S41°13'00"W 20.00' _ (L718) N 48°47'00"VJ 20.00' (L128) N 41'13'00" E 5.00' (L138) N 48°4700" W 92.00' (L148) Sol°13'00"W 141.03' (L158) S 48°47'00" E 535.25' EASEMENT"C" NUMBER DIRECTION DISTANCE (L1C) S41°32'00"W 400.44' (L2C) N 48°31'41' W f 0.17' (LiCC) ~ SEE CURVE TABLE (L2CC) SEE CURVE TABLE (L3C) N 48°4T00" W 70.51' (L4C) S 41°13'00" W 214.57' (L5C) N 68°4700' W 20.00' (L6C) N41°73'00'E 214.ST (L7C) N 48°4T00" W 237 90' (L8C) N41°13'00"E 5.00' (L9C) S 46°47'00" E 35.00' (L10C) N41°13'00"E 10.00' (L71C) S48°4T00"E 10.00' (L12C) S 41°13'00" W 10.00' (L73C) 848°4T00"E 397.50' {L14C) S 55°54'53" E 296.32' CURVE TABLE NUMBER ARC .DELTA RADIUS CH CO (LiCC) 37.59' 2°16'00" 95D.00' 37.58' S43°14'34"W (L2CC) 2.21' 4°ST35" 95D.00' 82.18' S 46°51'23" W ® ARCSNEAU](k GATES ARCENEAU% ~~ EodoeePS. Tnc. & 4Klnem BurnPan Pl~oum GATES a ~~ ~° o..e on.w ~~ ~~ me4o0 UYm6 `G Pul IMm. ivu TM! wn.oa.a m4 NPR) +u-tees EXHIBIT SHOWING THREE PAGE PROPOSED UTILITY EASEMENTS 7 LOCATED ON THE P.A. 69 L. P. PROPERTY .OUT OF LOTS 3 AND 4, BLOCK 12, RANGE J. of . PORT ARTHUR LAND COMPANY SUBDIVISION 7 PORT ARTHUR, JEFFERSON COUNTY, TX. ` DATE: JANUARY 2008 .SCALE: N.T.S. DRAWN: J.O.G. PROJ. No.: LSI-190 VER: AUTOCAD 2008 CHECKED: J.R.H.