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Home My WebLink AboutPR 14728: GOLDEN PASS LNG - UTILITY EASEMENTMEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROMr Kelly Eldridge, Director of Utility Operations . L~ DATE: May 13, 2008 RE: Proposed Resolution No. 14728 COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 14728 accepting a UtiliTy Easement from Golden Pass LNG Terminal, LP for the purpose of installing, main_ taining, operating, and replacing water utilities through a portion of their property. BACKGROUND The new Golden Pass LNG Tenninal requires the installation of a lazge water meter vault to provide service to this property. The TXDOT does not allow such installation within their right-of--way, so an easement is required. This easement is adjacent to the highway 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. 14728 accepting a Water Utility Easement. P.R No. 14728 05/13/08 RESOLUTION NO. A RESOLUTION ACCEPTING A WATER UTILITY EASEMENT FROM GOLDEN PASS LNG TERMINAL, 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 Golden Pass LNG Terminal, 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 Golden Pass LNG Terminal, 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 Golden Pass.LNG Terminal, 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. 14728 05/13/08 Page 2 Councilmembers: NOES: Debris Prince Mayor ATTEST: Terri Hanks City Secretary APPROVED AS TO FORM: / t-L~/C. Mazk Sokolow City Attorney APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons City Manager %L~~~~ Kelly EI idge Director of Utility Operations ATTACHMENT "A" SAB7NE PASS, TEXAS Golden Pass LNG Terminal LP 17001 Northchase Dr., Suite 682 Houston, Texas 77060 June 3, 2008 Mr. Charles Shajari City of Port Arthur P. O. Box 1089 Port Arthur, TX 77641 Re: Water Utilities Easement Dear Mr. Shajari: ` Attached is the Water Utilities Easement we discussed yesterday afternoon. This easement has been executed on behalf of Golden Pass LNG Terminal LLC and is ready to be placed on the City Council agenda for the June 17, 2008, City Council meeting. If you have any questions please give me a call at our Beaumont office at 409-813-2501. Thank you for your time and cooperation. Sincerely, - - Haske/~ , On behalf of Golden Pass LNG Terminal LP Enclosure WATER UTILITIES EASEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS THAT Golden Pass LNG Terminial LLC, formerly known as Golden Pass LNG Terminial LP, hereinafter called "Grantor" 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 acknowledge 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: See Exhibit "A" attached hereto and incorporated by reference. Said Easement shall be noh-exclusive and shall be for the purpose of constructing, installing, laying, maintainirig, and repairing line or lines for water utlity 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 describled 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 purpose of this Easement. It is expressly understood and agreed that Grantor retains the right to use and enjoy said premises except to the extent that such use may unreasonably interfere with the City's use of said Easement for the purposes herein granted or to the extent that such use by Grantor may not be consistent with the safety of City's facilities or the safety df persons or property. Without limitation of the foregoing, Grantor shall not construct or permit to be constructed or placed on or over said Easement any house, structure, pavement, parking lot, or any like obstruction or improvement which may unreasonably interfere with the Easement, aerial surveillance of the t=asement or with operation of or with the safety of City's facilities. Grantor shall not construct streets, sidewalks, driveways, fences, pipelines or utility lines within said right of way unless (i) such facilities do not create an unsafe condition, (ii) such facilities do not unreasonably ih}erferE interfere with the Easement; (iii) City is notified prior to construction of such facilities, and.(iv) , such facilities are constructed in accordance with reasonable safety precautions. TO HAVE AND TO HOLD the same unto the City of Port Arthur, Texas, its successors and assigns forever. WITNESS MY HAND, this S 6..D day of J ~~ ~~'r~ , A. D., 2008. Golden Pass LNG Terminal LLC ~ L om D. Mol ahn Its: Agent and A orney in -Fact 2 APPROVED AS TO FORM: City Attorney .ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF JEFFERSON _ BEFORE ME, the undersigned- authority, on this day personally appreared !nm Mo (Z0..hn ,its duly appointed Agent and Attorney in Fact, of Golden Pass LNG Terminial LLC, 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 LLC. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of p.~t~ , 2008. ~-~,~ -Vv~ - Qom. Notary u lic 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 =.. „~„~, ^v"*"~.w, JOYCE M. WHITE - `. @ Notary Public, State of Texas ` My Commission Fkpites •%.:; olt;`'~ July 30, 2008 ,, •^ a ACCCEPTANCE OF EASEMENT These easements were accepted by the City of Por[ Arthur per. Resolution No. approved by the City Council on t WITNESS"MY HAND this day df May, 2008. CITY OF PORT ARTHUR 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, Ciri 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 purposesand 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" 0.0289 ACRE OF LAND FOR UTILITY EASEMENT PURPOSES OUT OF DIVISION "A", DENNIS GAHAGAN LEAGUE, ABSTRACT NO. 123, JEFFERSON COUNTY, TEXAS BEING 0.0289 acre of land for utility easement purposes out of and a part of Division "A", Dennis Gahagan League, AbsUact No. t23, Jefferson County, Texas; said Division being according to the Partition of the Dennis Gahagan League as shown on a map or plat recorded in Volume T, Page 181, Deed Records, Jefferson County. Texas; being part of a (Called 5.649) acre Vact of land known as anon-exclusive roadway and utility easement conveyed to Golden Pass LNG Terminal, LP, recorded in File No. 2005030714 and part of a (Called 178.2) acre tract of land conveyed to Golden Pass LNG Terminal, LP, recorded in File No. 2005038611, OfTicial Public Rewrds, Jefferson County, Texas; said 0.0289 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a poinLbeing the Northwest comer of the (Called 5.649) acre tract on [he Easterly line of a dedicated road named State Highway 87, same being the Westerly line of the (Called 178.2) acre tract TIIENCE, South 04 deg., ] 3 min.,. 19 sec., East, on the Easterly right of way fine of said State Highway 87, the Westerly line of the (Called 178.2) acre tract, and the Westerly line of the (Called 5.649) acre tract, a distance of 84.00' to a '/;'steel rod set, capped, and mazked "SOUTEX" for the POINT OF BEGINNING; said '/," steel rod beingthe Northwest comer of the berein described tract; TIIENCE, Nortlr 85 deg., 46 min., 41 sec., East, a distance of 60.00' to a '/~' steel rod set, capped, and marked "SOUTEX" for the Northeast corner of the herein described Vact; THENCE, South 04 deg., 13 min., 19 sec., East, a distance of 16.00' to a %," steel rod set, capped, and mazked "SOUTEX" on the South line of the (Called 5.649) acre tract; said '/:" steel rod being the Southeast corner of the herein described tract; THENCE, South 85 deg., 46 min., 41 sec., West. on the South line of the (Called 5.649) acre tract, a distance of 30.00' io a '/," steel rod set, capped, and mazked "SOUTEX" for comer; THENCE, South 52 deg., OS min., 17 sec., West, a distance of 36.06' [o a %," steel rod, set, capped, and marked "SOUTEX" on [he Easterly right of way line ofsaid State Highway 87, same being the Wes[ line of the (Cal led 178.2) acre tract said '/," steel rod being the Southwest comer of the herein described tract - THENCE, North 04 deg., 13 min., 19 sec., West, on the West line of the (Called 178.2) acre tract and the Easterly right of way line of said State Highway 87, a distance of 36.00' to the POINT OF BEGINNING and containing 0.0289 acre of land for utility easement purposes. This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on April 28, 2008. City of Port artt,,,: LS-08-0409 z ~ i `A~s V O (7 6~~A Z~ i ynzy m STATE HWY "87" ~ ^o c~i° ~. ~°A ( 1xD' R.o.w.) ~ ~n ay LS S 04'13'19" E I 14.00' EASTERLY 0..O.W. UNE ~ ~ I o-a-~ A r I I I I I I I I z-~ I L2 I I I I I I II d ''to`m o r I {yro{o nor zam I I o' I z~.^~ NmmDZ DO C2 V] N ooz NmNtA_ I I I oel2 I v1m '~~ oaiao om I I 7n Pt I zn0, 4VI DD~tN ~N m t^OO ~>9 I I I °s~'D I ny Cero p~jo zpm l i4^oN .07.0 ~D aZ Nf~+i~p. I ,P" O~ Q.~ Ar-m py n' D X ~ < y ~] nvN rt z ~ I I xm i Ea7w4)99 / ~ ( `\ r / ~ / / / / / yS~,o / / / / ~/ / .p ~,! ,rJ / / • / cyc2 of"'aF / / / / // a~~6°c // / / / / G G E i / om o // // 1 / ZAm~p~ / I / i / p NN~-~~ / / / ? / oazAOO'm / / / ~ / 41n DITN / / / ~~~ / mtaO tiD OD A oz-m / / / ~° / - ay uy .o . / /~ '~ / Arx o> // ~/ / ti4 / - nv~ fD ~z / / / B / o / / / ~a / / / / y~e / / / / / / / ovcpVnoN at avn[n: CC i LA IP N F EA i YJRY6YDAS QRfVRAl10M: C Z E~ D m m IDe un eral{neG Geea EereEy certpy Wnt Ws vueeey wv tp4 Eey V18/OB msGe eu tae 4raaaA of Na property Igepy deacrlOed aereen end Iv comcC 1TIe rvney b mrtllled for N4 4enemtlea aWy: R Ie aet treartenEle b edd61env1 ImtlNtlom or auEaepuent amen. METES ANO BOUNDS TO PLAT OF EVEN DATE • = SET 1/2" STEEL ROD CAPPED "SOU ~`~ SURVEYORS IIVC. 3737 DOCTORS DR]VE - PORT ARTHUR, TE7lAS 77842 - `- (409) 983-2004 (409) 983-2005 PRp.ECi LOCATION: Y' \OFAMNGS\300!\OB-O<09.OWG M. LEGER ;D PROFESSIONAL LAND SURVEYOR N0. 0.0289 ALRE OF LAND PART OF DM810N 'A', DENNIS CANAGAN LEACVE. ABSTRACT N0. 12J; PARDRON OF THE DENNIS GAHAGAN LEAWE. RECORDED IN VOL T, PG.. 181, DEED RECORDS JEiFER50N CWNtt, TEXAS C6&I GOLDEN PA55 WC ]]640