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Home My WebLink AboutPR 14770: LAMAR-PT. ARTHUR - SEWER EASEMENTMEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROM: Kelly Eldridge, Director of Utility Operations ~~~f l DATE: June 9, 2008 RE: Proposed Resolution No. 14770 COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 14770 accepting a Sewer Easement from Lamaz State College -Port Arthur for the purpose of installing, maintaining, operating, and replacing sewer utilities through a portion of their property. BACKGROUND The property in the 1800 block of Lakeshore Dr. has been served by an old private sewer line running across the reaz of this property to the City main in Lake Charles Avenue. A property owner began having problems maintaining the line and the TCEQ instructed the City to make repairs. LSCPA was contacted and agreed to provide an easement for the City to provide this service. We recently completed repairs to this line. BUDGET/FISCAL EFFECT None. STAFFING/EMPLOYEE EFFECT None. SUMMARY I recommend that the City Council approve P.R. No. 14770 accepting a Sewer Easement. P.R. No. 14770 06/09/08 RESOLUTION NO. A RESOLUTION ACCEPTING A SEWER EASEMENT FROM LAMAR STATE COLLEGE -PORT ARTHUR FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF SEWER UTILITIES IN THE CITY OF PORT ARTHUR. WHEREAS, the City Council of the City of Port Arthur deems it appropriate to accept a sewer easemeni from Lamar State College -Port Arthur for the construction, installation, laying, and maintenance of sewer utilities in the City of Port Arthur under, through, and across a portion of property owned by Lamaz State College -Port Arthur 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 sewer easement from Lamar State College -Port Arthur for the purpose of constructing, installing, laying and maintaining sewer 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. 14770 06/09/08 Page 2 Councilmembers: NOES: Deloris Prince Mayor ATTEST: Terri Hanks City Secretary APPROVED AS TO FORM: >"Z.-mil .~-~~ Mark Sokolow City Attorney APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons City Manager Kelly El dge Director of Utility Operations ATTACHMENT "A" SEWER EASEMENT STATE OF TEXAS § § I{NOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT Lamar State College -Port Arthur, Port Arthur, Texas, 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: Being a 0.0551 acre tract of land for sewer line easement purposes out of and a part of Lots 1, 2, & 3, Block 154, City of Port Arthur, as recorded in vol. 1, Page 50, Map Records, Jefferson County, Texas;. said 0.0551 acre tract as shown in Attachment "A", attached hereto and incorporated by reference, and being more fully described by metes and bounds description as follows: COMMENCING at a point located on the South line of Procter Street and the West line of Lake Charles Avenue; THENCE S48°47'00"E along the West line of Lake Charles Ave. a distance of 177.97 feet to the POINT OF BEGINNING; THENCE continuing S48°47'00"E along the West line of Lake Charles Ave. a distance of 15.00 feet to a point marking the Southeast corner; THENCE 541°41'49"W (541°13'00"W DEED) a distance of 160.00 feet to a point marking the Southwest corner; THENCE N48°18'11"W a distance of 15.00 feet to a point marking the Northwest corner; THENCE N41°41'49"W a distance of 160.00 feet to the POINT OF BEGINNING; Said Easement shall be exclusive and shall be for the purpose of constructing, installing, laying, maintaining, and repairing line or lines for sewer utility purposes and it is granted subject to these provisions. I 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 sewer to the adjoining properties.. II 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. uC (~ WITNESS MY HAND, this ~ry~ day of ~cywtR, , A.D., 2008. LAMAR STATE COLLEGE - PORT ARTHUR: By: YYL-o'r~-o i. Sam Monroe, President APPROVED AS TO FORM: City Attorney ACKNOWLEGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Sam Monroe, president of Lamaz State College -Port Arthur, 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 Lamaz State College -Port Arthur. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ~` ~ day of ~,,,~ , 2008. ~•eeeeeaeaea•ee•~e~eeeeeaeee•a•e•eeeeE ""~""'~.. CAROL L WOMMACK n f ISM., e A `• Notary Public t ~'~'°~ STATE OF TEXAS ~,~ ~~ My Comm. Exp: 09/10/2010 ..................«.....e. (.~' Notary ublic for the State of exas RETURN TO: CITY OF PORT ARTHUR ATTN: Mark Sokolow City Attorney P. O. Box 1089 Port Arthur, Texas 7764 1--1 089 ACCEPTANCE OF EASEMENT These easements were accepted by the City of Port Arthur per Resolution No. approved by the City Council on WITNESS MY HAND this day of , 2008. CITY OF PORT ARTHUR By: 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, Cit~ger 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 2008. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS ATTACHMENT "A" PROCTER STREET POC ~~~~ ' /~~T" PORT ARTNW NIGHER FDUCAIIOH /~' FW NDATpH, PK, TO UMPA UNrvE1151TV-0ORT MTHUR F 1^~r+ o..ze-+995 U FJ R.PJLJ.C ~~ p® ~Cr~~~. e ~~ ~3~ qo ~e~° ~ dl ®~" .~' Z W Q W J Q PORT ANTHUF COLLEGE FOUNWTION JOHN N. NACi1ROlll AND / 1 TG WRINNE SUE XACHBOLO V LAVM UNNERSRV TO W 10pt-19P5 FORT AfliNUfl HWNE0.EWGTION FOUNWTION,INC. ~ o Fg101.21M]0 OSO63CM ~ \/ RP.RJ.O CFYKOW5f3M w S. OP.RJL, a Q rvH•uL9'f tfi0.0o' P B 3 ~ OT A s z . s r. a A m i 1s mt5 ~w-DFEO~ (s 1rt5'ov w-GEEDt saY aP w60 W' StlVtY9'w t00.(q' LOT 4 LOT 3 ~ AcrvES C. DflARE ro EGaH NEVEAUx CIARENCE MCCNL PIID TO GLORN MCCAtl THOMAS FANA 02.2]-1990 12.71-2W. FCtl10]30.1i~ 03651 ACS. R.P.RJ C. fFb200]0016M LOT 2 oc.aJ.c. <~kFS/yORF LOT 1 OR EXHIBIT SHOWING ATTACHMENT PROPOSED 15' UTILITY EASEMENT A OUT OF LOTS 1, 2, AND 3, BLOCK 154 ® 6RCENEAUX & GATES CITY OF PORT ARTHUR ADDITION' ARCBNEAUA ~~ g°d°°°xf~ ~6O' k ~^e:. eax.gm PLnnxaa PORT ARTHUR, JEFFERSON COUNTY, TEXAS GATES c x602 ov.u~.] ~an..x xe.., met. lox ~imT°wn~m9x~ ~(xool DATE: APRIL 2008 SCALE: 1"=40' DRAWN: JDG PROJ. No.: CPA-430 VERSION: AUTOCAD 2008 CHECKED: JRH