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HomeMy WebLinkAboutPR 14694: GULFWAY & STILLWELL - EASEMENTINTEROFFICE MEMORANDUM Tor STEVE FITZGIBBONS, CITY D~fANAGER FxoM: DALE L. WATSON, DIRECTOR OF PLANNING $-~,,yJ suBJecr: P.R. N0. 14694 -EASEMENT DATE: ~4~16~O8 RECOMMENDATION: I recommend that Proposed Resolution No. 14694 be approved. This Resolution would accept an easement across a lot located at Gulfway Dr. and Stilwell. BACKGROUND: A replat was approved at this location to allow the two lots to face Gulfivay Dr. When approved a required easement across the back of one of the lots was not shov<n on the replat. This easement would dedicate this necessary easement. BUDGETARY/FISCAL EFFECT:. None STAFFING/EMPLOYEE EFFECT: None SUMMARY: - I recommend that Proposed Resolution No. 14694 be approved. 1 . P.R No. 14694' 04/16/08 DLW RESOLUTION NO. A RESOLUTION ACCEPTING A UTILITY EASEMENT -FROM DEBORAH FREEMAN FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING ` OF PUBLIC UTILITIES IN THE CITY OF PORT ARTHUR WHEREAS, the City Council of the City of Port Arthur deems it appropriate to accept a utility easement from Deborah Freeman for the construction; laying, and maintenance of public utilities in the City of Port Arthur under, through and across a portion of property owned by Deborah Freeman, 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 Council of the of the City of Port Arthur be and is hereby authorized and instructed to execute and accept a utility easement from Deborah Freeman for the purpose of ' constructing, laying, and maintenance of public utilities in substantially the same form as described in Exhibit "A", attached hereto and made a part hereof. THAT said easement shall be filed for record in the office of the County Clerk of Jefferson County, Texas. 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 April, A.D., 2008, at a Regular Meeting of the City Council of the City of Por[ Arthur, Texas; by the following vote: AYES: MAYOR P.R NO. 14694 ` 04/16/08 Page 2 of 2 COUNCILMEMBERS: NOES: ATTEST: 4 Mayor City Secretary - APPROVED AS TO FORM: City Attorney ( ~ Q6~ ht~ ~ F~ APPROVED FOR ADMINISTRATION: City Manager Diiector of Planning EXHIBIT "A" EASEMENT STATE OF TEXAS COUNTY OF JEFFERSON § KNOB' ALL MEN BY THESE PRESENTS: THAT, DEBORAH FREMMAN, 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 these 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 [acing a ten (PO') foot wide strip of land out of and a part of that 0.3212. Acre of land situated in h'act SA & SB, replat of all of lots 5~& 6 Block 399, City of Port Arthur, .Jeffa-son County, Texas as per the recorded map or plat tlrercof on file in..teffcrson County, Texas, same being the rear ten (l0') feet of tract SA Block 399. Said Easement~shall be for the purpose of constructing, installing, laying, maintaining, and repairing a line or lines for Water Utility purposes and it is granted suUject to these pfOVISIOnS: It is expressly understood and agreed that the City shall have the right of 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 If TO HAVE AND TO HOLD the same unto the Cily of Port Arthur. Texas, its successors and assigns forever. SIGNED AND EXECUTED this APPROVED AS "FO FORM: Mark Sokolo~a~, City Attorney day of , 208. By: Deborah Freeman GRANTEE: City of Port Arthur P O Box IOS9 Port Arthur, Texas 776-+0 ` ACKNOWLL-DGMEN"1` THE STATE OP "FE\AS COUNTI' OF'JEFFERSON Before me, the undersigned authority, a Notary Public, in andFfo~ _Icffers oc to be~t~ Texas on this day personally appeared the person whose name is subscribed to the foregoing instrument and acknowledged to me that (she) (he) executed the same for the purposes and consideration therein expressed- GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of A.D ; 2000_ Notary Public Signature Notary Public Printed Name My commission expires: ACCCEPTANCE 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 , 2008_ CITY OF PORT ARTHUR Stephen Fitzgibbons, City Manager ACKNOW~LEDGIVIENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned Notary Public, on this day personally appeared Stephen Fitz ibbons Citl Manager of the City of Port Arthur, krown 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. ,008: NOTARY PUBLIC.IN AND FOR THE STATE OF TEXAS