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Home My WebLink AboutPR 14688: PAISD - WATER UTILITY EASEMENTMEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROM: Kelly_Eldridge, Director of Utility Operations ~ ~ `/~ DATE: April 15, 2008 C RE: Proposed Resolution No. 14688 COMMENTS RECOMMENDATION . I recommend that the City Council approve Proposed Resolution No. 14688 rescinding Resolution No. 07-478 and accept a Water Utility Easement (for Lines A, B, & C) from the Port Arthur Independent School District for the purpose of installing, maintaining, operating, and replacing water lines through a portion of their property. BACKGROUND In October 2007, the PAISD's engineer provided the City with metes and bounds descriptions for a waterline easement extending throughout the property at the new Memorial High School on Staff Sgt. Lucian Adams Dr. near 9°i Avenue. This easement was accepted by City Council on October 23, 2007 by ;Resolution No. 07-478. However, onceYhe waterlines were constructed, it appears that they were not installed within these easement tracts. Their engineer re-surveyed the newly-built water lines and provided the included centerline descriptions. Once the water system improvements are complete; we will submit another Resolution to recommend acceptance of the waterlines. BUDGET/FISCAL EFFECT None. STAFFING/EMPLOYEE EFFFCT None. SUMMARY I recommend that the City Council approve P.R. No. 14688 resc-finding Resolution No. 07-478 and accept this Water Utility Easement P.R. No. 14688 04/15/08 RESOLUTION NO. A RESOLUTION RESCINDING RESOLUTION N0.07-4781N ITS ENTIRETY AND ACCEPT A WATER UTILITY EASEMENT FROM THE PORT ARTHUR INDEPENDENT SCHOOL DISTRICT FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTENANCE OF WATER UTILITIES IN THE CITY OF PORT ARTHUR. WHEREAS, the City Council of the City of Port Arthur approved Resolution No. 07-478 accepting a water utility easement from the Port Arthur Independent School District for the construction, installation, laying and maintenance of water utilities i^ the Cii'y of Port P.rthur under, through, and across a portion of property o~Vned by the Port Arthur Independent School District in connection with utility services of the City ofPort Arthur; and; WHEREAS, the public water line ~i~as not constructed within the aforesaid easement, and deems it appropriate to rescind Resolution No. 07-478 iri its entirety and accept another water utility easement from the Port Arthur Independent School District for the construction, installation, laying; and maintenance of water utilities in the City of Port Arthur under, through, and across a portion of property o~+~ned by the Port Arthur Independent School District in connection ~~~ith 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 Council rescinds Resolution No. 07-478 in its entirety; and THAT, the City Manager of the City of Port Arthur be and is hereby authorized and instructed to execute and accept another water utility easement from the Port Arthur Independent School District for the purpose of constructing installing, laying and maintaining water utilities in substantially the 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 P.R. No. 14688 04/15/08 Page 2 Clerk of Jefferson County. Texas; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Cow~cil. READ, ADOPTED AND APPROVED THIS _ day of 2008; at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers: NOES: Deloris Prince Mayor ATTEST: Terri Hanks Acting City Secretary APPROVED AS TO FORM: > ~Y~~ Mark Sokolow City Attorney ~: APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons ' City Manager l~/~lv ~o Kelly El ridge Director of Utility Operations EXHIBIT A WATER UTILITIES EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT, the Port Arthur Independent School District, 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: ' See Attachment "A" attached hereto and incorporated herein by reference. Said Easement 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 tract 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 needed for working room to accomplish the aforesaid purposes of this Easement. Easement Page 2 of 3 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 Cz.p.~~ , 2008. By: Port A hur Independent School District APPROVED AS TO FORM: /7~( ~'~~ Mark Sokolow City Attorney GRANTEE: City of Port Arthur P. O. Box 1089 Port Arthur, Texas 77640 ACKNOWLEGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE IM~E, the undersigned authority, on this day personally appeared G ,,,,v„ , ~ r ~`c,tvcy'!-`J , of the Port Arthur Independent School District, known to me o be the person whose name is 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 the Port Arthur Independent School District GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ~ ~ day of ,~~~u~-- .2008. RETURN TO: CITY OF PORT ARTHUR ATTN: Mazk Sokolow City Attorney P. O. Box 1089 Port Arthur, Texas 77641-1089 MY CAMMI6510N cXPldcS ~: Augusl i6, 2009 Notary Public for the State of Texas ACCCEPTANCE OF EASEMENT This easement were accepted by the City of Port Arthur per Resolution No. approved by the City Council on WITNESS Ml' HAND this day of , 2008. CITY OF PORT ARTHUR By: Stephen Fitzgibbons, City Manager ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE M E, the undersigned Notary Public, on this day personally appeared Stephen Fitzgibbons Ciri- 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 [JNDER MY HAND AND SEAL OF OFFICE, this _ day of X008. NOTARY PUBLIC TN AND FOR THE STATE OF TEXAS EXHIBIT'"A",Page 1 of3 CENTERLINE DESCRIPTION FOR A 15-FOOT WIDE WATER LINE EASEMENT OUT OF THE PORT ARTHUR LAND COMPANY SUBDIVISION JEFFERSON COUNTY, TEXAS OCTOBER 5, 2007 REVISED: APRIL 9, 2008 A centerline description for 15-foot wide water line easement (being 7.5 feet on each side of centerline) out of a called 60.05 acre tract conveyed to Port Arthur Independent School District as recorded in Volume 1614, Page 419 of the Deed Records of Jefferson County, Texas, said centerline description being more particularly described by metes and bounds as follows: Note: The Basis of Bearing is along the northwesterly right-of-way line of Sgt. Lucian Adams Drive having been called South 36°41'33" West 1870.92 feet. COMMENCING at a ''/2' iron rod found at the intersection of the west line of the said 60.05 acre tract with the northwesterly right-of way of Sgt. Lucian Adams Drive for the east corner of a called 61.635 acre tract conveyed to Angel Mid Jeff County, J.V. as recorded in Clerks File No. 1999035119 of the Official Public Records "of Jefferson County, Texas from which a '/~' iron rod in. concrete found at the intersection of the said northwesterly right-of-way line of Sgt. Lucian Adams Drive with the southwesterly right-of-way line of 9`" Avenue bears North 36°41'33" East 1870.92 feet (called North 36°41'33'' East 1870.77 feet); ` THENCE North 36'41'33" East along the said northwesterly right-of-way line of Sgt:.Lucian Adams Drive a distance of 44.17 feet (called North 36°41'33" East) to a point for the POINT OF BEGINNING of Line A, a 15-foot wide water line easement (7.5 feet on each side); THENCE along the said centerline of Line A; a 15' wide water line easement (7.5' on each side) with the following courses-and distances: North 54°29'15" West, at a distance of 147.23 feet to an angle point being the POINT OF BEGINNING of Line 8; North 53°25'18" West a distance of 273.81 feet to an-angle point; North 00°3T34'LWest a distance of 104.33 feet to an angle point; North 10°37'54" West a distance of 354.24 feet to an angle point; North 37°05'35" East a distance of 332.64 feet fo an angle point; North 47°08'30" East a distance of 559.90 feet to an angle point; , North 49°48'57" East a distance of 226.81 feet to an angle point; North 48°53'28" East a distance of 126.67 feet to an angle point; North 38°06'44" East a distance of 84.68 feet to an angle paint; ' North 37°57'44" East a distance of 244.35 feet to a point in the southwesterly right-of- way line of 91h Avenue. for the POINT OF TERMINATION of Line A from which a capped iron rod found in the said southwesterly right-of-way line of 9'h Avenue bears South 53°21'14" East 504.18 feet (called South 48°4700" East). Fittz & Skipmaa, /nc Project No. 05664.wtrline2' EXHIBIT "A", Page 2 of 3 LINEB BEGINNING at the point called POINT OF BEGINNING of Line B in the centerline of Line A as described above: THENCE along. the said centerline of Line B, 15' wide water line easement, (7.5' oh each side) with the following. courses and distances: North 15°11'04" East a distance of 58.48 feet to an angle point; North 24°12'22" East a distance of 297.26 feet to an angle point; North 38°51'26" East a distance of 456.15 feet to an angle point; North 49°44'00" East, at a distance of 171.00 feet pass a point for the POINT OF BEGINNING of Line C, and continuing a total distance of 259.54 feet to a point for the POINT OF TERMINATION of Line B. LINEC SEGINN/NG at the point called POINT OF BEGINNING of Line C in the centerline of Line B as described above: ' THENCE along the said centerline of Line C, 15' wide water line easement; (7.5' on each side) with the following course and distance: North 38°37'42" West a distance of 500.70 feet to a point for the POINT OF TERMINATION of Line C. This description is based on a survey and plat made by Fittz & Shipman, Inc. during April 2005 and April 2008. vv Walter J. Ksiaze Registered Professional Land Su yor N Fitz & Shipman, Inc ' Project No. 0~664.wtrline2 -' E J ,',°= o. 5321 "i..~ • EG r~s, WALTER J. KSIAZ~-~: 3 0 ~~ ..,<zt ~._ ~ •<"r ,, y,. ' L~ EXHIBIT "A", Page 3 of 3 o N FOUND CAPPED 'FOUND < pj IRON ROD CAPPED ~ M RON ROD .3 N .. .. ...:. z.: : ~ L10 ~ ~ N o // ~ LINE A ~ . _ ° ~ _ l M ~ ~ /~ I ~ ~ ~ ~ _~E1z ~ 0/ N /~~ ~_ l/ ~'= X13 _L14 L15 ~Z /~ // POINT OF _~ ------ "~ //~ U/// TERMINATION LINE A- - - oro o Gsa ~ w// LINE C POINT OF ~ o`~ ',~ ~0 / r/ ,ooao,, ~ TERMINATION ~ m, ',Z ////~~~ ~ ~ // LINE A w °o [s] ~ p i~i~ ~~ I // ~ as a ~ ,~ r Z ° w ~ ~ // PORT ARTHUR INDEPENDENT m~ Mo w ~ = ~ ~ POINT OF /// SCHOOL DISTRICT o ~ in ~~o N ~I~ BEGINNING o // POINT OF vOL. 161 a, Pc.a19. D.R.J.C. in NV ~ ~ LINE B o° BEGINNING (cnLLED sD.os ACRES) ot`o,n __ ___ // LINE C ~ ~ ~ m e _ _ - _ 0ozo <~ _LINE6 ~==---L4-_-.LINEB~-_7LDpJ eg_5 =w~ 3 ~ w a w ~ ~ ' ~3 ~ L5 ~ ~ 4 ~ N ~' zip ~" zl ~LZ POINT OF Sw FouND ~ `~ ~ ~ POINT OF TERMINATION ~ cnPPED Q-"+ n ~ ~ LINE B (CALLED N 08'16'27" W 70 70) IRON ROD ~ ~- BEGINNING S 08'46'31" E 71.36 LINE A ~ 1826.75 COMMENCING S 36'4133" W 1870.92 POINT-LINE A (CALLED s 36~a1'33" w ls7D.n) FouND I/z" (BASIS OF BEARINGS) IRON ROD IN -FOUND 1/2" CONCRETE IRDN R°° SGT. LUCIAN ADAMS DRIVE DWG: PLOT NUMBER DIRECTION DISTANCE Lt N 54'29'15' W 147.23 L2 N 15'11'04' E 58.48 L3 N 24'12'22' E 297.26 L4 N 38'51'26' E 456.15 LS N 49'44'00' E 259.54 L6 N 38'37'42' W 500.70 L7 N 5325'18' W 273.01 LB N 00'J7~34" W 104.33 L9 N 10'37'54' W 354.24 L10 N 3705'35' E 332.64 L11 N 47V8~30' E 559.90 L12 N 49'48'57' E 226.87 L13 N 48'S3'28~ E 126.67 L14 N 38V644' E 84.68 L75 N 37'57'44' E 244.35 SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TD THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION DURING APRIL 2005 AND . , APRIL 2008. 0 100 200 ~~~ t t r~ ; ~ . x 'o~•° cal il' ,~, ' S C A L E ,. "~ WALTER J. KSIAZ - °°ti~ _A REGISTERED PROFESSION AND SUR E R N0. 537.1 ~ '~ °~° a ..._° o.....„•VJ...Co.;« i~~ WALTER J. YSIA7_'EK ~4 .i°~: C. {~ :11 r ~. . ~ REVISED WATER LINE EASEMENT APRIL 9. 2008.