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Home My WebLink AboutPR 14916: RESCINDING RESOLUTION NO. 07-504 IN ITS ENTIRETY AND ACCEPTING A WATER UTILITY EASEMENT FROM LRG LEGACY SENIOR HOUSINGMEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROM: Kelly Eldridge, Director of Utility Operations ;`l~'~~, DATE: September 9, 200$ RE: Proposed Resolution No. 14916 COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 14916 re~scindirig Resolution No. 07-504 and accepting a Water Utility Easement from LRG Legacy Senior Housing of Port Arthur, LP for the purpose of installing, maintaining, operating, and replacing water lines through a portion of their property. BACKGROUND In November 2007, LRG Legacy Senior Housing of Port Arthur, LP granted the' City an easement for the public waterlines to serve the new Legacy Senior Housing project on Lake Arthur Drive. This easement was accepted by City Council on November 20;, 2007 by Resolution No. 07-504. However, once the waterlines were constructed, it was di:>covere:d that they were not installed within these easement tracts. Their engineer re-surveyed tl-ie newly-built waterlines and provided the included easement description. Once tlhe water system improvements are complete, we will submit another Resolution to recommend acceptance of the waterlines. BUDGET/FISCAL EFFECT None. STAFFING/EMPLOYEE EFFECT None. SUMMARY I recommend that the City Council approve P. R. No. 14916 rescinding Resolution No. 0'7- 504 and accepting a new Water Utility Easement. P.R. No. 14916 09/09/(18 RESOLUTION NO. A RESOLUTION RESCINDING RESOLUTION N0.07-504 IN ITS ENTIRETY AND ACCEPTING A WATER UTILITY EASEMENT FROM LRG LEGACY SENIOR HOUSING OF PORT ARTHUR, LP FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTENANCE OF WATER UTILITIES IN THE CITY OF PORT ARTHUR. WHEREAS, the City Council of the City of Port Arthur approved Resolution N~o. 07-504 accepting a water utility easement from LRG Legacy Senior Housing of Port Arthur, I,P 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 LRG Legacy Senior Housing of Port F.rthur, I,P in connection. with utility services of the City of Port Arthur; and, WHEREAS, the public water line was not constructed within the aforesaid easement, and T'HE City Council deems it appropriate to rescind Resolution No. 07-504 in its entirety and accept another water utility easement from LRG Legacy Senior Housing of Port Arthur, 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 LRG Legacy Senior Housing of Port ~-rthur, I,P in connection with utility services of the City of Port Arthur; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT AII~THUR: THAT, the City Council rescinds Resolution No. 07-504 in its entirety; and THAT, the City Manager of the City of Port Arthur be and i s hereby authorized and instructed to execute and accept another water utility easement from LRG Legacy Senior Housing of Port Arthur, 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; anal, THAT, a certified copy of said easement shall be filed for record in the office of the County P.R.1\(o. 149].6 09/09/08 Page 2 Clerk of Jefferson County, Texas; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes o1' the City Council. READ, ADOPTED AND APPROVED THIS day of 2008, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the iFollowirig vote: AYES: Mayor Councilmembers: NOES: Debris Prince Mayor ATTEST: APPROVED AS TO FORM: ~ ~ Terri Hanks City Secretary APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons C',ity Manager Mark Sokolow City Attorney 1, Kelly Eldr dge Director of Utility Operations ATTACHMENT "A" WATER UTILITIES EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRI=SENT'S COUNTY OF JEFFERSON § THAT, LRG Legacy Senior Housing of Port Arthur, LP, hereinafter called "grantor", for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration to the undersigned 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 confess>ed, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL, and GONVEY unto the said City, a right, privilege and easement in, under and across tree following described tracts of land situated in Jefferson County, Texas, to-wit: See Exhibit "A" attached hereto and incorporated herein by reference. Said Easement shall be for the purpose of constructing, installing, laying, maintaining and repairing a line or lines for Water Utilities purposes and it is granted subject to these provisions: It is expressly understood and agreed that the City shall have the right to ingress ~to and egress from the above described tract of land for the aforesaid purposes of this Easement. It is expressly understood and agreed that the City shall have the riglht to the temporary use of adjacent property to the above designated Easement as is re~asonab~ly needed for working room to accomplish the aforesaid purposes of this Easement. Easement Pacle 2 of 3 TO HAVE AND TO HOLD the same unto the City of Port Arthur, TE~xas, ills successors and assigns forever. SIGNED AND EXECUTED this day of 2008. By: LRG Legacy Senior Housing of Port Arthur, LP APPROVED AS TO FORM: Mark Sokolow City Attorney GRANTEE: City of Port Arthur P. O. Box 1089 Port Arthur, Texas 77640 ACKNOWLEGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared _ , of LRG Legacy Senior Housing of Port Arthur, I,P, known to me to be the person. whose name is subscribed to the foregoing instrument and acknov~~ledged to me that he/she executed the same for the purposes and consideration therein expressed anal as the a.ct and deed on behalf LRG Legacy Senior Housing of Port Arthur, LP. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the _ day Hof 2008. Notary Public 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 EXHIBIT "A" ~c ~L I1 I ~ i ~I ~i m a~ lad _-~ ' i ~ .~ P `I n \ / ~ ~ /\~ ~ ~ \~\ \ \ ~' f m ~~~. $ N ~ T I I J3 ~ ~ I I _ A ~ ~ ~ } ~ P & 1 O n i ~1w - i 1 11 1 ~ 80 1 i 1 S I ~~& - i v' ~ i ~I1 € Y1 /~ c ~ ~ ; ~> /i h n A o £/ «a mm S _ _ /~.: ~~P ~ ~ is v ~I~'~ L.I,~ ii lr i [* i~ C n~l _ ~a~ - -- = ~ ,_- ~~ , - s oa ~„s w ,~am ~- - R =I el m8 // ~~ ;k, ~. ~ _~ '° X -~~ m Im9= ~° ~o. ~ ml _ ,P og ~vl ~°' I ~~: „d ~N ~ ~~ ~8 ~M Sg. I ~ 1 I I~= i ~~ 1 i ~~~ ~ • ~ ~~~ 'Y~~ 7 1 w __- ~ L1 ""~~ ~ ~y4 \~\ ~, ~\ ~\ ~\ ~\;\ /' ;\ \ / ~. // ^^ m d~ a € ,$ s s ? 9 ~ ,. , 9 4 s 9 9 F .~ ?R q ~, %~ ~ € a S~ a~za gh € _.N s f ¥' x ~~ €' P e Y € _ _ € ~' s .P € .. ~x.,oF Y ~ „a$e x]x Pa d n k~ Y Y 3 S 2 % Y e' ~ Y :R Y E' S I $ g _ k d S X Y R P s e ~ _ ~ ? _ 3 ~ #9g ~ xy _~;~ 9 9 9 4 4 Y P 3 ~, ja„ yo i ' _ - - _ ~ ,~ 8 8 8 - ~ - 8~ 3 A _ Y - _ ,8 8 f _ x ~ S - $ 4 x Y s v ~ - v t x , Y a a s c e r 3~ _ s _ _ gs s €,- ~ _ { a x u~ Y ~ ~ ~ ~ ~ s is 4 e8 _ k & 8 f f F K _ ~ a ~ ~ ; g ~ 3 ~ i 4 3 S ~€ 9 3 _ 25 R 4 R Y 8 i 8 K L 8 9 ~ ACCEPTANCE This easement was accepted by the City of Port Arthur, per Resolution No. , SIGNED on the day of , 2008. CITY OF PORT ARTHUR BY: Stephen Fitzgibbons City Manager EXHIBIT "A" TO P. R. NO. 14916 The survey map is or will be in the office of the City Secretary.