HomeMy WebLinkAboutPR 12038:DRAINAGE EASEMENTTO
FROM
SUBJECT
DATE
COUNCIL ACTION MEMO
PUBLIC WORKS DEPARTMENT
Steve Fitzgibbons, City Manager
Leslie E. McMahen, P.E. Director of Public Works
P.R. No. 12038
December 17, 2002
RECOMMENDATION
It is recommended that the City Council approve Proposed Resolution No. 12038,
accepting a twenty-foot {20~ wide drainage easement from Paul V. LeBleu and wife
Joyce M. LeBleu, said easement being out of and part of Tracts 7-E, 7-G and 7-H,
City of Port Arthur, located near 4724 Ridgewood Avenue.
BACKGROUND
The overland flow between Rice Farm Road and Ridgewood Avenue has been
increasingly obstructed by built up lots, fences, etc. in the area, causing flooding
between the two streets and particularly along Ridgewood Avenue.
BUDGET/FISCAL EFFECT
Acceptance of this easement will require the City to excavate a small drainage
ditch at the earliest possible date. If the ditch is successful, the City is required
to install an underground storm sewer within three {3) years, for which CIP
drainage funds will be used.
STAFFING/EMPLOYEE EFFECT
None.
SUMMARY
It is recommended that the City Council approve Proposed Resolution No. 12038,
accepting a twenty-foot (20~ wide drainage easement from Paul V. LeBleu and wife
Joyce M. LeBleu, said easement being out of and part of Tracts 7-E, 7-G and 7~H,
City of Port Arthur, located near 4724 Ridgewood Avenue. Funding is available
in the Capital Improvements Program.
Leslie E. McMahen, P.E.
Director of Public Works
LEM/vkl
file c:\cams\easement
P.R. No. 1203~
12/17~02 vid
RESOLUTION NO.
A RESOLUTION ACCEPTING A TWEN'I'~-FOOT (20' WIDE)
DRAt'NAGE EASEMENT FROM PAUL V. LEBLEU AND 3OYCE M.
LEBLEU OUT OF TRACTS 7-E, 7-G AND 7-H, A REPLAT OF A PART
OF LOT 7, BLOCK 12, RANGE "G"~ PORT ARTHUR LAND COMPANY
SUBDt'Vt'S]'ON.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, the Drainage Easement from Paul V. LeBleu and wife .loyce M. LeBleu to
the City of Port Arthur, a copy attached herewith and made a part hereof in
substantially the same form as Exhibit "A'; is hereby accepted; and,
THAT the easement will reflect that the City does not make any warranties or
guarantees that the ditch or possible storm sewer work can protect the adjacent land
from flooding; and,
THAT the original of said Easement shall be filed for record in the office of the
County Clerk of .lefferson 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 the __
Mayor:
day of ., A.D. 2002
meeting of the City of Port Arthur, Texas by the following vote:
at a
Ayes:
Councilmembers:
Noes:
P.R. No. 12038
Page #2
Mayor
Attest:
City Secretary
APPROVED AS TO FORM:
City Attorney
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons
City Manager
Leslie E. McMahen, P.E.
Director of Pubic Works
file c:\resolutions\easement
THE STATE OF TEXAS,,
COUNTY OF 3EFFERSON
EXHIBIT 'A'
P.R. NO. 12038
EASEMENT
KNOW ALL MEN BY THESE PRESENTS
THAT, Paul V. LeBleu and wife ]oyce M. LeBleu of .lefferson County Texas, hereinafter called
GRANTORS, for and in consideration of the sum of TEN AND NO/100 ($10.00) dollars, cash
in hand to me paid by the City of Port Arthur, Texas, a Hunicipal Corporation (hereinafter
called GRANTEE) as well as other good and valuable considerations, receipt of all of which is
hereby acknowledged and confessed, have granted, sold and convey and by these presents
do grant, bargain, sell and convey unto the said GRANTEE, a right, privilege and Easement
in, under, and across the following described tract of land situated in Port Arthur, 3efferson
County, Texas, to-wit:
Being 0.1974 acres of land out of and a part of tracts 7-E,7-G and 7-H, a replat of a par[ of
Lot 7, Block 12, Range G, Port Arthur Land Company Subdivision, as recorded in Vol. 15
Page 324, Hap Records of 3efferson County, Texas; said 0.~.974 acres of land being more
fully described by metes and bounds and by a drawing, marked Exhibit "A'; attached hereto
and made a par[ hereof.
Said Easement shall be for the purpose of constructing, installing, laying, maintaining and ·
repairing a storm sewer system and/or an open ditch for drainage purposes by GRANTEE and
it is granted subject to these provisions:
~[t is expressly understood and agreed that GRANTEE shall have the right of ingress to and
egress from the above described tract of land for the aforesaid purposes of this Easement.
EXHIBIT 'A"
P.R. NO. 12038
II.
It is expressly understood and agreed that GRANTEE shall have the right to temporary use of
a 20-foot wide temporary centerline easement adjacent to the above designated Easement
for use as for working room to accomplish the aforesaid purposes of this Easement.
III.
GRANTEE agrees to do the following improvements on the Easement granted:
1. At the earliest possible date, GRANTEE will install and maintain to grade an
appropriate sized open ditch on the Easement from Ridgewood Avenue
northward to a Drainage District No. 7 ditch, subject to permit acquisition from
the District.
2. If the ditch installation demonstrates that it solves area flooding along
Ridgewood Avenue, GRANTEE will, within three (3) years from completion of
the ditch, consistent with budget funds, install and maintain an appropriate
sized underground storm sewer on the Easement.
3. GRANTEE will restore the Easement and adjacent land to the condition existing
prior to its work under items ! and 2.
IV.
GRANTORS AND GRANTEE agree to the following regarding use of the Easement granted
herein:
1.
GRANTORS will mow the grass on the easement, including that in the proposed
ditch and over the future storm sewer.
GRANTEE will make every effort to avoid damage to existing trees along and
adjacent to the Easement. GRANTEE will trim and remove any damaged trees,
EXHIBIT 'A'
P.R. NO. 12038
3
as appropriate, and GRANTORS reserve the right to salvage any trees or parts
thereof for firewood.
3. GRANTORS will accept any dirt from the ditch or storm sewer work, said dir~ to
be deposited adjacent to the Easement by GRANTEE. GRANTORS will be
responsible for spreading the material as required for good drainage.
V.
Should GRANTEE not use the Easement for its intended purpose within three (3) years of the
date of this document, or by the time GRANTORS advise GRANTEE that they have other uses
of the land encumbered by the Easement, whichever comes first, the Easement shall become
null and void and rights in this tract shall revert to GRANTORS.
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 /~Tt-~,~ , A.D., 2002.
GRANTORS:
Paul V. LeBleu
APPROVED AS TO FORM:
City Attorney
GRANTEE:
City of Port Arthur
P.O. Box 1089
Port Arthur, Texas 77640
EXHIBIT 'A"
P.R. NO. 12038
ACKNOWLEDGMENT
THE STATE OF~EX~$I
COUNTY OF
//UU
Before me, the undersigned author ty, a Notary Public, in and for ~/~/2
Counb/, Texas 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 executed the same for the purposes and consideration therein expressed.
GTVEN UNDER MY HAND AND SEAL OF OFF]CE, this/(~day of J~-~-CJL.
A.D. oq, C)O oq-'.
NOTARY PUBLIC
STATE OF TEY~S
Notary Public Signat~r~' '
bx/dK/ KAY
Notary Public Printed Name
My commission expires:~,/~¢
ACKNOWLEDGMENT
THE STATE O~TE ,,X/?S
COUbJ'PZ O,~ ~ ..... ,
Before me, the undersigned au~hori~, a Nota~ Public, in and fo ~r~
Count, T~xas on this day personally appeared~ ,~2~. ~~, known to me
U P
be the person whose name is subscribed to tbe foregoing instrumen~ and acknowl~ged
me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this /~ ~ day of
,'~~V~ , A.D.~C)~-.
NOTARY PUBLIC
STATE OF TEXAS
omm. E~p. Feb. 16,
Notary Publ,~c S~gnat~e
I~C'~I /(AY
Notary Public Printed Name
Fly commission expires: cC.//&,/~ ~
" EXHIBIT'
SHEET 1 ~
0.1974 ACRE OF LAND FOR DRAINAGE EASEMENT PURPOSES OUT OF
TRACTS 7-E, 7-G, AND 7-H, REPLAT OF PART OF LOT 7, BLOCK 12, RANGE
G, PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF PORT
ARTHUR, JEFFERSON COUNTY, TEXAS
Being 0.1974 acre of land for Draifiage Easement purposes out of and a part of tracts 7-E,
7-G, and 7-H, replat of part of Lot 7, Block 12, Range G, Port Arthur Land Company
Subdivision, as recorded in Vol. 15, Page 324, Map Records of Jefferson County, Texas;
said 0.1974 acre tract being more fitlly described by metes and bounds as follows to wit;
BEGINNING at point being the Southeast comer of said tract 7-E; said point being the
Sonthwest comer ora tract of/and conveyed to Paul D. Guildbeau, as recorded in File
No. 9607455, Official Public Records of Real Property, Jefferson County, Texas; said
point being on the North right of way line of the dedicated road named Ridgewood
Avenue and being the Southeast comer of the herein described tract;
THENCE South 41 deg., 13 min., 00 sec., West on the North right of way llne of said
Ridgewood Avenue, the South line of said tract 7-E, a distance of 20.00' to a point for
comer being the Southwest comer of the herein described tract; ·
THENCE North 48 deg., 47 min., 00 sec., West, a distance of 165.00' to a point for
corner being on the common line of said tracts 7-E and 7-G;
THENCE Nmq:h 48 deg., 46 min., 11 sec., West, a distance of 119.03' to a point for
corner being on the common line of said tracts 7-G and 7-H;
THENCE North 48 deg., 48 min., 08 sec., West, a distance of 145.95' to a point for
comet- being on the South line of Drainage District No. 7, (30.00 easement), as recorded
in Vol. 683, Page 471, Deed Records of Jefferson County, Texas; said point for comer
being the No:'thwest corner of the herein described tract;
THENCE North 4I deg., 11 min., 21 sec., East on the South line of said Drainage District
., (-~0.00 easement), a distance of 20.00' to a point for comer, being on the East line
of said Lot 7, Block 12, Range G, Port Arthur Land Company Subdivision and being on
the East line of said tract 7-H and being the Northeast comer of the herein described tract;
THENCE South 48 deg., 48 min. 08 sec., East on the East line of said tract 7-H, a
d/stance of 145.96' to a point for comer; said point being the common comer of said tract
7-G and 7-H;
THENCE $onth 48 deg., 46 min., 11 sec., East on the East line of said tract 7-G, a
distance of 119.03' to a point for comer being the common comer of said tracts 7-E and
7-G, said point beine on the West line ora tract of land conveyed to Thomas Lyrm
Bowser being part o~Lot 4, Newport Heights No. 3, Deed Reference Film Code No 102-
-3-077.~, Officml Public Records of Real Property, Jefferson County, Texas;
EXHIBIT
SHEET 2
THENCE Sonth 48 deg., 47 min., 00 sec., East on the East line o£said tract 7-E, thc West
line o£a portion of said Thomas Lynn Bowser tract and the West line of said Paul D.
Guildbeau tract, a distance of 165.00' to a POINT OF BEGINNING containing 0.1974
acre of land more of less.
This description is based on Plat Information recorded in Vol. 15, Page 324, and does not
represent a field survey
LS-02-0777
Joyce LeBleu
EXHIBIT
SHEET 3
( so' ,.o.~. )
20.00'