HomeMy WebLinkAboutPR 14745: WILLIAMS & RAO - WATER UTILITY EASEMENT (SONIC DRIVE-IN ON HWY. 365)1VIEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, CiTy Manager FROM: Kelly Eldridge, Director of Utility Operations L % O i ~~ DATE: May 27, 2008 C~fd~ RE: Proposed Resolution No. 14745 COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 14745 accepting a Water Utility Easement from Williams & Rao, LP for the purpose of installing, maintaining, operating, and ' replacing water utilities through a portion of their property. BACKGROUND The new Sonic Drive-in on F.M. 365 at Medical Center Blvd. requires the installation of water and sewer utilities to provide service to this property. While sewer was extended along Medical Center Blvd., the water main, and portions of a future sewer main, will require dedication of this easement. This easement runs along the highway right-of--way, and between properties to the west and south, on their property. BUDGET/FISCAL EFFECT None. STAFFINGlEMPLOYEE EFFECT None. SUMMARY ~ , I recommend that the City Council approve P.R. No. 14745 accepting a Water Utility Easement. P.R. No. 14745 05/27/08 RESOLUTION NO. A RESOLUTION ACCEPTING A WATER UTILITY EASEMENT FROM WILLIAMS & RAO, LP 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 a water utility easement from Williams & Rao, LP 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 Williams & Rao, LP 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 Williams & Rao, 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 Regulaz Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor P.R. No. 14745 05/27/08 Pace 2 Councilmembers: r NOES: Deloris Prince Mayor , ATTEST: ` Terri Hazilcs I, City Secretary !. • 1 APPROVED AS TO FORM: Mazk Sokolow ' City Attorney f APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons City Manager / , Kelly Eldr dge f Directoi of Utility Operations 1 ATTACHMENT "A" WATERUTILITIES EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT Williams & Rao, LP, hereinafter called "Grantor(s)", for and in consideration of the sum of TEN AND N0/100 ($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, aright, 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 forwater 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 water 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. Williams & Rao, LP: By: APPROVED AS TO FORM: City Attorney b ACCCEPTANCE OF EASEMENT These easements were accepted by the City of Port Arthur per Resolution No. City Council on WITNESS MY HAND this THE STATE OF TEXAS COUNTY OF JEFFERSON day of , 2008. , CITY OF PORT ARTHUR By: Stephen Fitzgibbons, City Manager ACKNOWLEDGMENT approved by the BEFORE ME, the undersigned Notary Public, on [his day personally appeared Stephen Fitzgibbons, City 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 May, 2008. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS EXHIBIT "A" ® ARCENEAUX & GATES ARCEIIEAUX Consulting-Engineers, Ine. - GATES Engines;s • Surveyors • Pl®nexe METES AND BOUNDS DESCRIPTION OF 0.278 ACRES OF LAND FOR EASEMENT PURPOSES OUT OF LOT 7, BLOCK 13, RANGE "K" PORT"ARTHUR LAND COMPANY SUBDIVISION SITUATED IN THE T.&N.O.RR. SURVEY, SECTION 11, ABSTRACT N0.243, PORT ARTHUR, . JEFFERSON COUNTY, TEXAS Being a 0.278 acre tract or parcel of land for easement purposes, a portion of the residue of a called 5.062 acre tract of land as conveyed by deed dated August 12, 2002 to Williams & Rao, L.P., recorded in Clerk's File No. 2002031249 of the Official Public Records of Real Property, County Clerk's Office, Jefferson County, Texas, also being a portion of the residue of a called 150.192 acre tract of land as conveyed by deed to said Williams & Rao, L.P., recorded in Clerk's File No. 2000041708 of said Official Public Records, said 0.278 acre tract also being out of Lot 7, Block 13, Range "K" of the Port Arthur Land Company Subdivision as recorded.in Volume 1, Page 22 of the Map or Plat Records of said County as situated in and a part of the T.&N.O.RR. Survey, Section No. 11, Abstract No. 243 of said County and being more particulazly described by metes and bounds as follows: BEGINNING of a %" steel rod with cap.mazked Arceneaux &" Gates found located on the Westerly line of Medical Center Boulevard; a 100 feet wide public dedicated Right of Way mazking the lower Northeast corner and POINT OF BEGINNING of the herein described tract of land, this point also marks the Southeast comer of a called ] .0614 acre tract of land out of said 5.062 acre tract as conveyed by deed dated September 20, 2007 from said Williams and Rao, L.P. to Gary W. Kinslow and Debra L. Kinslow, recorded in.Clerk's File No. 2007037922 of said Official Public Records, said beginning point having a coordinate value of North 13,923,607.89 and East 3,552,385.49; THENCE South 53 deg. 58 min.,26 sec. East (South 48 deg. 38 min. ]6 sec. East-deed) along said Westerly Right of Way line with the East line of said 5.062 acre tract and lower East line of this tract a distance of 30.00 feet to a point mazking the Southeast comer of the herein described tract of land, this point having a coordinate value of North 13,923,590.24 and East 3,552,409.75; THENCE South 36 deg. 34 min. 39 sec. West along the lower South line of this.tract a distance of 165.00 feet to a point mazking the lower Southwest comer of the herein described tract of land, this point having a coordinate value of North 13,923,457.73 and East 3,552,311.43; THENCE North 53 deg. 58 min. 26 sec. West along the lower West line of this tract a distance of 277.06 feet to a point marking an "Ell" corner of the herein described tract of land, this point having a coordinate value of North 13,923,620.69 grid East 3,552,087.35; THENCE South 39 deg. 27 min. 31 sec. West along the upper South line of this tract a distance of 331.79 feet to a paint located on the West line of said 150.192 acre tract, Lot 7, Block 13, . Page 1 of 3 ' ~ .\UgengseneNC~,UBG SURVRVINGN1pTESR BOUN[)$VWSWAOBtA0.d0.EOc Range "K" and the East line of a called 10.56 acre tract of land as conveyed by deed to Jefferson County Drainage District No. 7, recorded in Clerk's File No. 2003029586 of said Official Public Records, this point marks .the upper Southwest comer of the herein described tract and has a coordinate value of North 13,923,364.52 and East 3,551,876.49; ' THENCE North 53 deg. 59 min. 40 sec. Wesi (North 48 deg. 38 min. 16 sec. West-deed) along the East line of said 10.56 acre tract with the West line of said 150.192. acre tract and Cot 7, Block 13, Range "K" and upper West line of this tract a distance of 10.02 Feet to a point located on the proposed new Right of Way line for F.M. Highway No. 365 (cunently'120 feet wide) mazking the Northwest comer of the herein described tract of land, this point having a coordinate value ofNorth 13,923,370.41 and East 3,551,86839; THENCE North 39 deg. 27 min. 31 sec. East along the said proposed Right of Way line. with the North line of this tract a distance of 346.82 feet to a point located on the West line of said 1.0614 acre tract marking the upper Northeast comer of the herein described tract of land, this point having a coordinate value of North 13,923;638. l8 and East 3,552,088.80; THENCE South 53 deg. 58 min. 26 sec. East (South 48 deg. 37 min. 59 sec. East-deed} along the West line of said 1.0614 acre tract with the upper East line of this tract a distance of 256.32 feet to a''/z" steel rod with cap mazked Arceneaux & Gates found marking the Southwest corner of said 1.0614 acre tract and an "Ell" comer of the herein described tract of land, this point having a coordinate value of North 13,923,487.43 and East 3,552,296.10; THENCE North 36 deg. 34 min. 39 sec. East (North 41 deg. 55 min. 06 sec. East-deed) along the South line of said 1.4614 acre tract with the lower North line of this tract a distance of 150.00 feet to the lower Northeast corner and POINT OF BEGINNING and containing in azea 12,119 square feet or 0.278 acres of land, more or less. Surveyed: May, 2008 J .(Bob) Hodges R.P .S. #4583 s--L~-oB Notes: An Exhibit of even date is being submitted with and being made a part of this metes and bounds description. Bearings, distances and coordinates referenced to the Texas State Plane Coordinate System, South Central Zone, NAD 83. Grid Scale Factor: 0.999919056 Page 2 of 3 lUµeegrtrvee~&gURG SIIRVEYING1AgiFS k BOUNDS\EWMAOUTAPpaO,doe `~ 0~0 SCALE IN FEET " MEDICAL CENTER BOULEVARD N. 13823607_89 ` E. 3.552.385.a9 ~. ~1ao' ROW/ 1/2" S.R. - (S 53'58'269E3000ED) W/CAP MARKED ARCENEAUX k GATES SANITARY b1ANHUlE 1/2 S.R. AUXP POB z N 13 923 590 24 ARCENF & GGATES . . a $ ~ wE. 3,552,409.75 ~ ~ WILLIAMSB RAO, L.P. ~ ~ I$ p TO D ° ' GARY W. KO4SlOW AND , O" o , ~ v DEBRA L. KINSLOW In J N '^ 1.0614 ACS. - 09/20/2007 `b' of I$ ' ~ . CFy2007037922 O.P. R.J.C. $ o ~~ N. 1392363 8"18 ° 5 0 ~ u 48'37'59" E308.25'-GEED) W/CAP AIARKEO ~ ~g E. 3,552.088 ' .80 S 53.58'28' E 258.32' ARCENEAU% N GATES `~ WATERLINE S.R. 1/2 W/CAP MARKED ' o ~ N. 13923457.73 ' ARCENEAUX & GATES ~ ' N 53 58'26" W 277.08' E. 3.552.311.43 - I N. 13 923 620.64 , N. 13 923 487.43 E 3 552 087 35 n . , , . E. 3,552.296.10 72119 S0. FT. ' ~ ~ 0.278 ACRES = !J I - WILLIAMS & RAO, l.P. Q ~ ~ ~ 5.082 ACS. ' A 2Pt00 p 1~ C249 P TOV~ CF O W 3 G~~~ES ~ ( ~ 318p3 P w ~ , •- •N 'M ~ ~~~ / ~ ~ WATERLINE 9T>~'G'®bOGK ~~~0• ~, RESIDUE OF ~. e,OR ~ 0^P~22 M"K" 150.792 ACRES WILLIAMS 8 RAO, L.P. ~i lO~Y ~~Ot„ ~ P CFaO.P.R04C708 MKD. OD7 I 10.02' CONC. MON. (N 481 ~ p; W w/DISK 11 0: MKD. DD7 FOUND CORNER AS~SHOWN O POINT FOR CORNER 13.923.364.52 LOT 8, 8~06BQ 1S, Rd~45t5' "tS" 5,551,876.4~WATERLINE EASEMENT CITY OF PORT ART. CF 2004004016 O.P.12.J.C. DRAINAGE DISTRICT q7 LOT ®, LRL06E( 9S, W&Pof"E 10.56 ACRES CF~2003029586 O.P.R.J.C. 11~~ BEARINGS. COORDINATES AND DISTANCES REFERENCED TO TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE. NAO 81. CRID SCALE FACTOR: 0.999919056 JIRCSNBAU7C do GATES ARCENEAUX ~ Con~dtl>~. ' ~' k ' B„{Inean 8umm~ Pbnnm GATES n yspl r".u. en.r oan. ato- m3 e..untw., r.... t>eaa °~"iwrt"Btma~,"n'c I.eel rza-tees EXHIBIT SHOWING PROPOSED PACE 0.278 ACRE UTILITY EASEMENT n OUT OF THE T.&N.O.RR. SURVEY 3 SECTION 11, ABSTRACT 243 LOT 7, BLOCK 13, RANGE "K" °F PORT ARTHUR LAND. COMPANY SUBDIVISION JEFFERSON COUNTY, TEXAS GATE: MAY 27, 2008 SCALE: 1'=100' DRAWN: TMR PROJ. No.: RAO-040 VER.: AuIoCAD 2008 CHECKED: JRH ACKNOWLEGEMENT THE STATE OF TEXAS ~ § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared of Golden Pass LNG Terminal, LP, known to me to 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 of -the Golden Pass LNG Terminal, LP. 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 s