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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'