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Home My WebLink AboutPR 14708: DESSELLE-MAGGARD CORP - WATER UTILITY EASEMENTMEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROM: Kelly Eldridge. Director of Utility Operations JC`,~/, ~ n DATE: Apri128.2008 RE: Proposed Resolution No. 14708 COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 14708 accepting a Utility Easement from the Desselle-Maggard Corporation for the purpose of installing, maintaining. operating, and replacing water utilities through a portion of their property. BACKGROUND The new Desselle-Maggard Corporation development in the EDC Business Park on South Business Pazk Drive requires the installation of a ]azge water meter vault to provide service to this property. This easement is adjacent to the street right-of--way on their property.. BUDGET/FISCAL EFFECT None. STAFFING/EMPLOYEE EFFECT None. SUMMARY I recommend that the City Council approve P.R. No. 14708 accepting a Water Utility Easement. P.R No. 14708 04/29/08 RESOLUTION NO. A RESOLUTION ACCEPTING A WATER UTILITY EASEMENT FROM THE DESSELLE-HAGGARD CORPORATION FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF WATER UTILITIES IN THE CITY OF PORT ARTHUR. WHEREAS, the City Council of the City of Port Arthur deems it appropriate to accept utility easements from the Desselle-Haggard Corporation for the construction, installation, laying, and maintenance of water utilities in the City of Port Arthur under, through, and across a portion of properly owned by the Desselle-Haggard Corporation in connection with water 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 a utility easement from the Desselle-Haggard Corporation 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 Regulaz Meeting of the City Council of the City of Port Arthur, Texas, by the following. vote: AYES': Mayor P.R. No. 14708 04/29/08 Page T Councilmembers: NOES: Deloris Prince Mayor ATTEST: Terri Hanks City Secretary APPROVED AS TO FORM: ~~ n ~~ ~ Mark Sokolow / pN .gE ~~L~ ~F/ City Attorney ` / APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons City Manager (L~ ~,~ Kelly Eldri ge Director of Utility Operations ATTACHMENT "A" WATER UTILITIES EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT the Desselle-Maggard Corporation, 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 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: See Exhibit "A" attached hereto and incorporated by reference. Said Easement shall be exclusive and shall be forthe purpose of constructing, installing, laying, maintaining, and repairing line or lines for water utility 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 tract of land for the aforesaid purposes of this Easement, as to provide watei to the adjoining properties. 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 MY HAND, this ~~ day of ~ ~., , A.D., 2008. ',2o~rP~e~n LIS NotarOyLPublic PN: a~~;ir_ STATE OF TEXAS ,ujr.,,. ~y,= My Commission ~`''f~'~'' Expires 02/03/20t2 3 ^~10~ V APPROVED AS TO FORM: a.Q City Attorney oa ~¢hh~F oF) RETDRN To: CITY OF PORT ARTHDR Legal Department P.O. Boa 1089 Port Arthur, Texas 77641-1089 DESSELLE-MAGGARD CORPORATION: By: ~ - S -/-O~ EXHIBIT "A" ARCENEAUX GATE S ARCENEAUX & GATES Consulting Engineers, Ine. £agiaeers • Surveyors • Planners METES AND BOUNDS DESCRIPTION OF A 15 X 15 FEET WH)E WATERLINE VAULT EASEMENT OUT OF BLOCK 3, PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION BUSINESS PARK SUBDIVISION, SITUATED IN THE WM. MCFADDIN SURVEY, ABSTRACT N0.416, PORT ARTHUR, JEFFERSON COUNTY, TEXAS Being a IS x15 feet wide tract or parcel of land for a waterline vault easement out of Block 3 of the Port Arthur Economical Development Corporation Business Park Subdivision to the City of Port Arthur, Texas, as recorded in Clerk's File No. 2005044721 of the Official Public Records of Reai Property, County Clerk's Office, Jefferson County, Texas, also being out of that certain tract of land out of said Block 3 (called 10.00 acres) as conveyed by deed dated April 26, 2007 from the City of Port Arthur Section 4A Economic Development Corporation to Rhorer-Moniotte Investments, L.L.C. doing business as Desselle-Maggazd Corporation (DMC), recorded in Clerk's File No. 2007016295 of said Official Public Records as situated in and a part of the WM. McFaddin Survey, Abstract No. 416 of said County and being more particulazly described by metes and bounds as follows; FOR LOCATIVE PURPOSES, commence at a 112 inch steel rod with cap mazked Arceneaux & Gates found located on the North line of South Business Park Drive, a 7S feet wide utility and access easement and South line of Block 3 mazking the Southwest corner of said 10.00 acre tract of land; THENCE East along said North line of South Business Park Drive and South line of said Block 3 and I0.00 acre tract a distance of 83.80 feet to a point marking. the Southwest comer and POINT OF BEGINNING of the herein described tract of land; THENCE North along the West line of this tract a distance of 15.00 feet to a point mazking the Northwest comer of the herein described tract of land; THENCE East along the North line of this tract a distance of 15.00 feet to a point mazking the Northeast comer of the herein described tract of land; THENCE South along the East line of this tract a distance of 15.00 feet to a point marking the Southeast corner of the herein described tract of land; this point also being located' on the South line of said 10.00 acre tract and Block 3 and the North line of South Business Pazk Drive;" Page 1' of 3' \UgmgserwU&GU&G SUkYEY1NG1ME1'E,5 & BOUNDS120Dg\DMC-050.0oe Oaa 11u9e Creek Squore 3501 14utle Creek Dr., Suite 102 Pori Art6u~ 7X 77642 909/7247688 FAX 409/7241447 THENCE West (reference bearing) along the said North line of South Business Pazk Drive and South line of said Block 3, 10.00 acre tract and this tract a distance of 15.00 feet to the Southwest corner and POINT OF BEGINNING and containing in azea 225 squaze feet or 0.005 acres of land, more or less. Surveyed: April, 2008 Jo . (Bob) odges R. .L.S. #4583 ~~~ 3~a~ An exhibit of even date is being submitted with and being made a part of this tiletes and Bounds Description. Bearings referenced to the North line of South Business Park Drive -Due West as Platted. Page 2 of 3 N.BengervMA&GU&G SURVBYINGV.fEfES 4 BOUNDS1t008~DMC-0SO.doc o~`O~S ON GONOM,P KSU9O a'MUR UgNES pkyylt PODRPO~S~80F OpRA G ~~®~r~ ® ~ _ EAST 601.70' .. ° ~4O m ____ _____._c ___ ____________ ___°^'~n~_______________ CENTAW INTRASTATE PIPELItF. LLC. __ _ ______________________ ____ ____ ___ "---- .'--- Gj2C05035460 O.P.RJ.C.' _____ _________ ____ ________________________________ ,____ Z KINDER YORGW 7EJtA5 RIPELINE, l.P. - CFj2W50}5196 O.P.R.J.C. `,N t'~ J, CITY Of PORT ARTHUR SECTION 4A ~> ,.' ~ ~~®~'~ O ECONOMIC DEVELOPMENT CORPORATION `e ~ m~ TO , o. >, F N RHORERAtONIOTTELNVESTMENTS, L.L.C., ~ F m P~z,N'~ m DESSELLE-HAGGARD CC.RPORATION (DMC) .`r. g'- N~ F h 04252007 `.m p y x t0.00ACS c 9~ CTi/ o CP~20070162950. P.R.J.C. `~'to~ T'P~yL ~ ~` 9 ~ 9.L . ~, G.p N ~`, ~n ao G m- `, ~ ~ ~q ` O~ EAST 63.00' SEE DETAIL m ' pOC (REFERENCE BEARING) S 37'29'78' W 586°11'09"W' 117.22' WEST 594.03' 75,88' _._._._. P08.-__ wnrR SOUTH BUSINESS PARK ORIVE_p_iJ ~q. _S95~ti~'w__ -VA7-~ 75'UTILITYBACCESS EASE1dENT ~ p=p3°48'ST 1 CL=32.28' ~'~ ~~®~~ O cH=see°os'3z'w q~`, :`::°s GMfna_ -G~.+1~fFk1®®BM ~6D68N/(ECt LEGEND • FNO. 1/2" S.R. w/CAP MKD. ARCENEAUX & GATES • POINT FOR CORNER N07E5: `~ BEARINGS REFERENCED TO THE ORTH LINE OF SOUTH BUSINESS PARK DRIVE. DUE WEST AS PLATTED. ® ' ARCBNEAU7E & GATBS ARCENEAU7C ~ DO°•°~~. En~1ae•r•;. lue. k , Eu~lo°m. 9imeian Plinuvn GATES o, xo° nw. o..k cr.., ram ~m~ NIVC [Ym¢ K wu rey mrt P°n Mtm. icu TML lout rz~-Teee~ EAST 15.00 0 0 o p I 225 SO. F7. ~ F 0.005 ACS- ( x r- o-~ 7.5'-~--7.5' ~--e `P ~ .`~^ WEST 15.00~++'AT[R vKVE Oi° RO.w. LwE 15x15 WATERLINE VAULT EASEMENT DETAIL EXHIBIT SHOWING PAGE 15'x15' WATERLINE VAULT EASEMENT OUT OF BLOCK 3, PORT ARTHUR ECONOMIC DEVELPMENT COPORATION BUSINESS PARK SUB. - SITUATED IN OF THE WM. MCFADDIN'SURVEY, ABST. NO. 416 PORT ARTHUR, JEFFERSON COUNTY, TEXAS DATE: AWRCH 2008 SCALE: t"=200° ', DRAWN: JDG PROJ. No.: DMC-050 DESIGN: 'CHECKED: JRH