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Home My WebLink AboutPR 21778: ACCEPTING A WATER EASEMENT AT TAFT AVENUE FROM KANSAS CITY SOUTHERN RALWAY WATER LINE r City of nrf rthu�— Texas INTEROFFICE MEMORANDUM Date: February 3, 2021 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Donnie Stanton—Interim Director of Utilities RE: PR 21778 —Accepting a Water Easement at Taft Avenue from Kansas City Southern Railway water line Introduction: US Development Group (USDG) is installing a public utilities water line across Taft Avenue to supply the Port Arthur Terminal site with a City of Port Arthur water line connection. This portion of Taft Avenue was abandoned to the railway in the 1970's. The terminal and public utilities water line are being built on Kansas City Southern (KCS) Railway Company property. KCS Railway Company is a partner on this project and will need to execute a water easement to the City of Port Arthur for the public utilities water line that is being installed across Taft Avenue. The public utilities water line will be in service on March 8, 2021. Background: US Development Group (USDG) is installing a public utilities water line across Taft Avenue to supply the Port Arthur Terminal site with a City of Port Arthur water line connection. This portion of Taft Avenue was abandoned to the railway in the 1970's. The terminal and public utilities water line are being built on Kansas City Southern (KCS) Railway Company property. Budget Impact: None. Recommendation: It is recommended that the City Council approve Proposed Resolution No. 21778,which accepts a water easement from Kansas City Southern Railway Company for the purpose of installing, maintaining,operating and,in the future,replacing public utilities water line on a portion of their property for the Port Arthur Terminal site. "Remember,we are here to serve the Citizens of Port Arthur" P. R. No. 21778 02/3/2021 bw Page 1 of 2 RESOLUTION NO. A RESOLUTION ACCEPTING A WATER EASEMENT FROM KANSAS CITY SOUTHERN RAILWAY COMPANY FOR THE PURPOSE OF INSTALLING, MAINTAINING, OPERATING AND, IN THE FUTURE, REPLACING PUBLIC UTILITIES WATER LINE ON A PORTION OF THEIR PROPERTY FOR THE PORT ARTHUR TERMINAL SITE. WHEREAS, US Development Group (USDG) is installing a public utilities water line across Taft Avenue to supply the Port Arthur Terminal site with a City of Port Arthur water line connection; and, WHEREAS,this portion of Taft Avenue was abandoned to the railway in the 1970's; and, WHEREAS,the Terminal and water line are being built on Kansas City Southern Railway Company property; and, WHEREAS, Kansas City Southern Railway Company is a partner on this project; and, WHEREAS, Kansas City Southern Railway Company will need to execute a water easement to the City of Port Arthur for the public utilities water line that is being installed across Taft Avenue for the purpose of installing, maintaining, operating and, in the future, replacing public utilities water line on a portion of their property for the Port Arthur Terminal site; and, 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 is hereby authorized and instructed to execute and accept a water easement from Kansas City Southern Railway Company for the purpose of installing, maintaining, operating and, in the future,replacing public utilities water line on a portion of their property for the Port Arthur Terminal site in substantially the same form as described in Attachment "A", attached and made a part hereof; and, P. R. No. 21778 02/3/2021 bw Page 2 of 2 THAT, said water 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 , 2021, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers: NOES: Thurman"Bill" Bartle Mayor ATTEST: APPROVED AS TO FORM: Sherri Bellard Valecia Ti eno / v0 City Secretary City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton Donald Stanton City Manager Interim Director of Utilities ATTACHMENT "A" (Easement) WATER EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT, Kansas City Southern Railway Company, hereinafter called "Grantor(s)", for and in consideration of the sum of ZERO AND NO/100 ($0.00) 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: For metes and bounds description & sketch, see Exhibits "A" & "B", respectively, attached hereto and incorporated by reference. Said Easement shall be exclusive and shall be for the purpose of installing, maintaining, operating and, in the future, replacing public utilities water line on a portion of their property for the Port Arthur Terminal site 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 tracts of land for the aforesaid purposes of this Easement, as to provide water to the adjoining properties. I I 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 tracts 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., 2021. Kansas City Southern Railway Company By: Print Name: Title: APPROVED AS TO FORM: City Attorney 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(s) whose name(s) is(are) 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 GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2021. Notary Public for the State of Texas SEAL RETURN TO: CITY OF PORT ARTHUR ATTN: Valecia Tizeno City Attorney P. O. Box 1089 Port Arthur, Texas 77641-1089 ACCEPTANCE OF EASEMENT This easement was accepted by the City of Port Arthur per Resolution No. approved by the City Council on WITNESS MY HAND this day of , 2021. CITY OF PORT ARTHUR By: Ronald Burton City Manager ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned Notary Public, on this day personally appeared Ronald Burton, 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 considerations therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of , 2021. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS EXHIBIT "A" (Metes& bounds description by Percheron Professional Services) EXHIBIT"A" THE KANSAS CITY SOUTHERN RAILWAY COMPANY 10 FEET WIDE WATER EASEMENT JEFFERSON COUNTY,TEXAS Being a metes and bounds description of a permanent 10 feet wide water easement situated in Lot 4,Block 3,Range B and Lot 1,Block 3,Range C of the Port Arthur Land Company Subdivision in the Hiram Brown League,Abstract No.6,Jefferson County,Texas,according to the plat thereof recorded in Volume 1,Page 22 of the Map Records of Jefferson County,Texas and being part of a remainder of a called 531.2097 acres tract of land described in deed to The Kansas City Southern Railway Company,recorded in Document No.9242575 of the Deed Records of Jefferson County, Texas; said water easement being more particularly described as follows with all bearings and coordinates based on the Texas Coordinate System of 1983,South Central Zone.All coordinates and distances are grid values. 10 FEET WIDE WATER EASEMENT COMMENCING at a 3/4 inch iron rod (N=13,924,142.51 E=3,588,354.89)found in the southeast corner of a called 27.7631 acres tract of land described in deed to the City of Groves and recorded in Document No.1999040897 of the Official Public Records of Jefferson County,Texas: THENCE South 53 Degrees 25 Minutes 07 Seconds East,a distance of feet 89.62 feet to the POINT OF BEGINNING of herein described water easement; THENCE North 36 Degrees 34 Minutes 53 Seconds East,a distance of 29.48 feet to a point for corner; THENCE South 53 Degrees 23 Minutes 42 Seconds East,a distance of 10.00 feet to a point for corner; THENCE South 36 Degrees 34 Minutes 53 Seconds West,a distance of 132.66 feet to a point for corner; THENCE North 53 Degrees 23 Minutes 42 Seconds West,a distance of 10.00 feet to a point for corner; THENCE North 36 Degrees 34 Minutes 53 Seconds East,a distance of 103.18 feet to the POINT OF BEGINNING and containing 0.030 acres of land. CERTIFICATION FOR LEGAL DESCRIPTION I, Michael E. Tripp, a Registered Professional Land Surveyor licensed in the State of Texas do hereby certify that the above and foregoing legal description was prepared by myself or under my direct supervision.This description is not intended to represent or meet the requirements of an official boundary survey as established by the Texas Board of Professional Land Surveying. �...TE�....... Michael E.Tripp Registered Professional Land Surveyor ' Texas Registration Number 6576 •`•.�••°'off g �q•o January 29,2021 �s'' /2q/f aa Percheron Professional Services,LLC 1904 W.Grand Parkway N.,Suite 200 Katy,Texas 77449 Texas Surveying Firm License No.10020700 EXHIBIT "B" (Easement sketch by Percheron Professional Services) 1 EXHIBIT"A-1" PERMANENT 10 'AIDE rffirER EASE',4EN r JEFFERSON COUNTY,TEXAS 1., =RccgSED ACREAGE=,ca,,;: Jy / HIRAM BROWN SURVEY,A4 A.P.4kik . t f 4' I I I s I -r Of,GRU E9 ICALLED 21 11131 ACRES a1999049BST O P R J.C.1t TFE MAMMAS C:TY SOJT-IERN RAILWAY OOIPARY I TAFT AVENUE REMAINDER OF A CK:ED S31.MILT ACRES TV WADE RD W. AI[N2S75 0 R J C.'-1( VACATED PER ORGNYiCE 1E4E a 1 P.O.C. r MIND Rd N IRON R00 11 '1.IN.'42 D1 1 E 3:011.344 44 , r r T a 'w3-e OWSTATES Urh1TES C10RPAN+ i8 IE 1+•1 esRJA DE TSI SION EAEES.EN' ` ;:d44ED I;RR ACRES K} R. VOL 125.PO.•3B y D rA.S. OR.JC.Tx tW•F STATES'JTLRIES CCNIPANY > M 13,121AM.10-1 • • 110JMCC TRAPEIM5BION EASEMENT 0 E 3.3101.41111.01 1 W.A.1S22 PG 1!9 C RJ C TN I I NM34131 a 1 r arose°U•NMI 'WARR 4A21NEM I 25.E I had-3+'51`E T03.19'— r 1 — t - tg — ..................15I8.3s Ltiv '72 9s — —�'g I' I I PAL.CO ROCKLi+E I I t I P. tat A A4A5 CITY EDUrMEgN RW1'AMY COIPAWY ' i REMAINDER.OF A CALLED E31.2139'ACRES 7 LB2E25TFD.RAC TX- SAC I 8 ,5 5434 8 I I > i I D 2Cr sP' 37' l t ` 'OCi- AA FT J- A o 4 i k WICJlAEt E. TRIPP ? 4. e 657i F F. BASIS OP yEIFlNGS rE%AE O O EII'ATE SYSTEM OF 1903.EOJTN ZEMRAL ZONE A8 OET£RNAIED By CPS C€EERJA''ON-AL_ LNQAALL L.'lIF•• J]CAIQ+CCRrrv'FAT AM SJIYLY xag Na r, W E YLM J10t11 Z31RC"SUP01VWr 0/;i0 CAI ACTiL4 SLAM,'CM,E _ DISTANCES?MI COCAGMA,Tf5 ARE MO VKLE5. C MPO.R Mow-RION AAA,1 rx aSKTAMAAa roe-,as yOAX.',m TMS SLRVE WAS x1EPAPED MTHOt/T"FE USE nyr roe LAIN!Y M.e 14M N ACCCMaP12'M^11 11.1f AAS SCAM d OF A TITLE CCMANTAAENT.'MERE/AV,BE EASEYENrS THAT AFFECT Tlf FYIL FSIAWA Ma_,.mO 4.RYEYN¢M17PHSI Mot Aro'IC.MCAL StAALYOCA SUBJECT 9iCFERTY UkPM lBP TO SLWVEYCW 3 THE BOLNOARY LIES SMJWN HEREON,'A£PE CCIA tE0;ROW A_ACTED i. SUR4£Y OF r4E%LECT PROPERTY AND AOJOINNC.PROPERTIES Till PAT A DOES NOTCONSTITUTE .REI)01* LAJA Y 4 •/ /y 4 E<AL pESCPoPTY.W PREPSRED 1N 4CNx1kL?ION MTN T 1g 3tNoEr 1111N„,..., 3 5 Of$CASPTION AND rJPS1By PEA'FAEF4E DRE0u+JC IPoOY A S4r7.+EY A150E ON N...uA t ncM Rx•S Am/TNFn P.,wr..1.r f.A ,Y. •If GRCUN6 N JANUARY Y....".. 7-.4-7K:AAS'en rr.r r�. ,r---�� D ——_— i rzan px/MOLt 10.006043.0001 9 rr - -I-v.r.- S.3CONC. •Litt PERCHERON ar "WED WIC 901.7-0,-.4.• I•►tIIVW.IVAI1 IN 11. - -- -- -. .. -£0TM;HAASA.NT ipt 10-NIDE WATER EASEMENT sKitV141(P•- 1.S.. am*WIRT AWARDN11NI0AY a WE.Orl2B/21 ''S'A`jx+ rREPARED FORACROSS 4NE LANDS Of MIME no JAMN Eh'. 3G k THE KANSAS CITY SOUTHERN �'TEX�/004009 .. THE KANSAS CITY SOUTHERN RAILWAY COMPANY TEA:AA MOW VINC PIMA LIG E ' JECrr ':"a:+r:.:xJ RAILWAY COM►ANY JEFFERSON COUNTY,TEXAS NA 141.20 Ma S- rac