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. '
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~ 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