HomeMy WebLinkAboutPR 14757: PA HOUSING AUTHORITY & K. T. AKBARI - UTILITY EASEMENTMEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager
FROM: Kelly Eldridge, Director of Utility Operations ~1~~/ % ~~
DATE: June 3, 2008 G'~i~
RE: Proposed Resolution No. 14757
COMMENTS
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 14757 accepting a Water
Utility Easement from the Port Arthur Housing Authority and K.T. Akbazi for the purpose of
installing, maintaining, operating, and replacing water utilities through portions of their property.
BACKGROUND
The Southwood Crossing Apartment Complex on Hwy 73 required the extension of public water
lines to provide service to this property. This easement extends throughout this property. An
accompanying Proposed Resolution recommends acceptance of the public water system in this
easement.
BUDGET/FISCAL EFFECT
None.
STAFFING/EMPLOYEE EFFECT
City staff conducted testing and Final Inspection of this system.
SUMMARY
I recommend that the City Council approve P.R. No. 14757 accepting this Water Utility Easement.
P.R. No. 14757
06/03/08
RESOLUTION NO.
A RESOLUTION ACCEPTING A WATER UTILITY
EASEMENT FROM THE PORT ARTHUR HOUSING
AUTHORITY' AND K.T. AKBARI 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 the Port Arthur Housing Authority and K.T. Akbari for the construction,
installation, laying, and maintenance ofwater utilities in the City ofPort Arthur under, through, and
across a portion of property owned by the Port Arthur Housing Authority and K.T..Akbari 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 Manager of the City of Port Arthur be and is hereby authorized and
instructed to'execute and accept a utility easement from the Port Arthur Housing Authority and K.T.
Akbari 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 Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following '
vote: AYES: Mayor ` "'
P.R. No. 14757
+ 06/03/08
Page 2
Councilmembers:
NOES:
Deloris Prince
Mayor
ATTEST:
Terri Hanks
City Secretary
APPROVED AS TO FORM:
Y """
Mazk Sokolow
City Attorney
APPROVED FOR ADMINISTRATION:
Stephen Fitzgibbons
City Manager
1~.~ s~~~
ellI~ y El~ridge
Director of Utility Operations
ATTACHMENT "A"
a
WATER UTILITIES EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
THAT the Port Arthur Housing Authority and K.T. Akbari, 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, 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 for the 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 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.
Port Arthur Housing Authority:
e
APPROVED AS TO FORM:
By:
K.T. Akbari: '
By:
City Attorney
ACKNOWLEGEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally appeared
of the Port Arthur Housing Authority, known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged tome
that he/she executed the same for the purposes and consideration therein expressed and as the act
and deed on behalf of the Port Arthur Housing Authority..°
GIVEN UNDER .MY HAND AND SEAL OF OFFICE on this the day of
2008.
Notary Public for the State of Texas
ACKNOWLEGEMENT
THE STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally, appeared
,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 K.T Akbari.
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
ACCCEPTANCE OF EASEMENT
This easement was accepted by the City of Port Arthur per Resolution No.
approved by the City Council on
a
WITNESS MY HAND this day of , 2008.
CITY OF PORT ARTHUR
Bv:
Stephen Fitzgibbons; City Manager.
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME, the undersigned Notary Public, on this 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 consideratio_ ns therein
expressed, and in the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of June, 2008.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
EXHIBIT "A"
EXHIBIT "A"
0.5845 ACRE OF LAND
FOR WATERLINE EASEMENT PURPOSES
OUT OF BLOCK 7, RANGE "H",
PORT ARTHUR LAND COMPANY SUBDIVISION,
CITY OF PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
BEING 0.5845 acre of land for waterline easement purposes out of and a part of Lots 6
and 7, Block 7, Range "H", Port Arthur Land Company Subdivision, City of Port Arthur;
recorded in Volume i, Page 22, Map Records, Jefferson County, Texas; being part of a
(Called 20.42) acre tract of land conveyed [o K.T. Akbari, recorded in File No.
2005042315, Official Public. Records, Jefferson County, Texas; said 0.5845 acre tract
being more fully described by metes and bounds as follows, to wit:
COMMENCING at a 5/8" steel rod found on the North right of way line of a dedicated
road named State Highway 73; said 5/8" steel rod being the Southwest cornerof a tract.of
land conveyed to McCoy Corporation, recorded in Volume 2430, Page 77, Deed Records,
Jefferson County, Texas and Film Code 100-66-1655, Official Public Records, Jefferson
County, Texas; said 5/8" steel rod being the Southeast comer of the (Called 20.42) acre
tract;
THENCE, North 35 deg., 53 min., 19 sec:; West, on the common line of the (Called
20.42) acre tract and said McCoy Corporation tract, a distance of 20.18' to a point;
THENCE, South 46 deg., 15 min., 15 sec., West, a distance of 7.57' to a point for comer
for the POINT OF BEGINNING of the herein described tract; .
THENCE, South 46 deg., 15 min., 15 sec., West, a distance of 7.57' to a point for
comer;
THENCE, North 35 deg., 53 min., 19 sec., West, a distance of 168.98' to a point for
corner;
•
• THENCE, South"48 deg., 58 min., 37 sec., West, a distance of 132.80' to a point for
corner;
THENCE, North 41 deg:, 01 min., 24 sec., West, a distance of 15.00' to a point for
corner; ,
THENCE, North 48 deg., 58 min., 37 sec., East, a distance of 134.15' tb a point for
corner;
THENCE, North 35 deg., 53 min., 19 sec., West, a distance of 3 ] 5.48' to a point for
comer; '
THENCE, South 48 deg., 58' min., 36 sec., West, a distance of 155.86' to a point for
corner;
THENCE, North 41 deg., O] min., 24 sec., West, a distance of 131.33' to a point for
comer;
THENCE, South 48 deg., 58 min., 36 sec., West, a distance of 163.80' to a point for
comer;
THENCE South 41 deg., O1 min., 24 sec:, East, a distance of 142.83' to a point for
corner; '
THENCE, South 18 deg., 31 min., 24 sec., East, a distance of 162.02' to a point for
corner;
THENCE, South 41 deg., O1 min., 23 sec., East, a distance of 151.53' to a point for
corner;
THENCE, North 48 deg., 58 min., 37 sec., East, a distance of 22.50' to a point for
comer;
THENCE, South 41 deg., O1 min., 23 sec., East, "a distance of 15.00' to a point for
corner;
THENCE, South 48 deg., 58 min., 37 sec., West, a distance of 22.50' to a point for
corner; •
THENCE, South 4] deg., O1 min., 23 sec., East, a distance of 186.32' to a point for
corner;
THENCE, South "46 deg., I S min., 18 sec., West, a distance of 8.88' to a point for
corner;
THENCE, South 51 deg., 57 min., 14 sec., West, a distance of 6.14' to a point for
corner;
THENCE, North 41 deg., O1 min., 23 sec., West, a distance of 355.94' to a point for
comer;
THENCE, North 18 deg., 31 min., 24 sec., West, a distance of 162.02'" to a point for
corner;
THENCE, North 41 deg., O1 min., 24 sec., West, a distance of 131.03' to a point for
comer;
THENCE, South 48 deg., 58 min., 36 sec., West, a distance of 44.12' to a point for
corner;
THENCE, North 41 deg., O1 min., 23 sec., West, a distance of 131.51' to a point for
corner; ,
THENCE, North 48 deg., 58 mina; 36 sec., East, a distance of 15.00' to a point for
corner;
THENCE, South 41 deg., 01 min., 23 sec., East, a distance of 116.51' to a point for
corner;
THENCE, North 48 deg., 58 min., 36 sec., East, a distance of 29.12' to a point for
corner;
THENCE, North 41 deg.,.01 min., 24 sec., West, a distance of 8.81' to a point for
,corner;
THENCE, North 48 deg., 58 min., 36 sec., East, a distance of 207.07' to a point for
corner;
THENCE, North 41 deg., O1 min., 24 'sec., West, a distance of 23.00' to a point for
corner;
THENCE, North 48 deg., 58`min., 36 sec., East, a distance of 15.00' to a point for
comer;
.THENCE, South 41 deg., O1 min., 24 sec., East, a distance of 38.00' to a point for
corner;
THENCE, South 48 deg., 58 min., 36 sec., West, a distance of 28.27' to a point for
corner;
THENCE, South 41 deg., O1 min., 24 sec., East, a distance of 116.33' to a point for
corner; '
THENCE, North 48 deg., 58 min., 3.4 sec., East, a distance of 147.36' to a point for
comer on the common line of the (Called 20.42) acre tract and said McCoy Corporation
tract; .
THENCE, Ref. Line =South 35 deg., 52 min., OS sec., East, on the common line of the
(Called 20.42) acre tract and said McCoy Corporation tract, a distance of 324.27' to a
point for corner;
THENCE, North 54 deg., ] 1 min., 40 sec., East, continuing. on the common line of the
(Called 20.42) acre tract and said McCoy Corporation tract, a distance of 2.49' to a point
for corner;
THENCE, South 35 deg., 53 min., 19 sec., East, 7.5' West of and parallel to the common
line of the (Called 20.42) acre tract and said McCoy Corporation tract, a distance of
190.24' to the POINT OF BEGINNING and containing 0.5845 acre of land, more or
less.
Anthony M. Leger, Registered Pzo e~sional Land Surveyor No. 5481. March 3, 2008.
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'ITe undersigned does hereby certfty that this survey w s thb day 3/3/08 meae at
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the p roperty legally described hereon end is correct This survey is CerHtied !ar this trensedion only; it is not
transf erable tc additional Instltutiona a subsegvmt owners.
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