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Home My WebLink AboutPR 15010: JJAT PROPERTY DEV. WATER UTILITY EASEMENTMEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager ``~q ~ FROM: Kelly Eldridge, Director of Utility Operations ~~1 G~^a! DATE: December 2, 2008 RE: Proposed Resolution No. 15010 COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 15010 accepting a Water Utility Easement from JJAT Property Development, LLC for the purpose of installing, maintaining, - operating, and replacing water lines through a portion of their property. BACKGROUND The new Port Arthur Recreational Vehicle Resort on F.M. 365 near Jade Avenue requires the installation of water lines to provide service to this property. These water mains will require dedication of this easement. The easement runs along the perimeter of their property. BUDGET%FISCAL EFFECT None. STAFFING/EMPLOYEE EFFECT None. SUMMARY I recommend that the City Council approve P.R. No. 15010 accepting a Water Utility Easement from JJAT Property Development, LLC for the purpose of installing, maintaining, operating, and replacing water lines through a portion of their property. RESOLUTIONNO. A RESOLUTION ACCEPTING A WATER UTILITY EASEMENT FROM JJAT PROPERTY DEVELOPMENT, LLC FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF WATER UTILITIES IN THE CITY OF PORT ARTHUR. P.R No. 15010 12/02/08 WHEREAS, the City Council of the City of Port Arthur deems it appropriate to accept a water utility easement from J7AT Property Development, LLC 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 JJAT Property Development, LLC 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 utility easement from JJAT Property Development, LLC 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; 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. 15010 12/02/08 Page 2 Councilmembers: NOES: Debris Prince Mayor ATTEST: Terri Hanks City Secretary APPROVED AS TO FORM: MazkSok ow ~oN b~Fdp) City Attorney / APPROVED FOR ADMINISTRATIO~l: Stephen Fitzgibbons City Manager ~~ ~~ Kelly E dridge Director of Utility Operations ATTACHMENT "A" WATER UTILITIES EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT JJAT Property Development, LLC, hereinafter called "Grantor(s)", for and in consideration of the sum of TEN AND N0/100 ($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: See Exhibit "A" attached hereto and incorporated by reference. Said Easement shall be exclusive and shall be for the purpose of constructing, installing, laying, maintaining, and repairing line or lines for water utility purposes and it is granted subject to these provisions. 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 water 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 urito the City of Port Arthur, Texas, its successors and assigns forever. WITNESS MY HAND, this day of 2008. JJAT Property Development, LLC: By: APPROVED AS TO FORM: A.D., City Attorney ACCCEPTANCE 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 Stephen Fitzgibbons, City Manager ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersia ed Notary Public, on this day personally appeared S[ephen Fitzgibbons. Ciri Manager of the Cit~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 [he 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 December, 2008. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS EXHIBIT "A" 0.9882 ACRES OF LAND FOR WATER UTILITIES EASEMENT PURPOSES OUT OF BLOCKS 1, 12 AND 25, PORT ACRES, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS BEING 0.9882 acres of land out of and a part of Lot 1, Block 11, Lot 11, Block 12, and Lot 14, Block 25, Port Acres, City of Port Arthur, recorded in Volume 4, Pages 42-47, Map Records, Jefferson County, Texas; being part of a (called 30.894) acre tract of land conveyed to JJAT Property Development, LLC, recorded in File No. 2007010851. Official Public Records, Jefferson County, Texas; said 0.9882 acre tract being more fully described by metes and bounds as follows, to wiY COMMENCING at a '/2' steel rod, capped and marked "SOUTEX", found on the intersection of the South right of way line of a dedicated road named F.M. Highway 365 and the West right of way line of a dedicated road named Jade Avenue, (a.k.a. R chard D)aleyarecorded indFi el No. 2000003668 Offecial Publ ct Reco ds~Jefferson County, Texas: THENCE, Ref Line =West, on the South right of way line of said F.M. Highway 365, same being the North line of said Richard Daley tract, a distance of 315.03' passing a Texas Highway Department concrete monumentfound for reference point; continuing for a distance of 431.66' passing a '/z° steel rod, capped and marked "SOUTEX", found for the Northeast corner of the (called 30.894) acre tract; continuing for a total distance of 979.44' to a paint for corner for the POINT OF BEGINNING and Northeast corner of the herein described tract; THENCE, South, a distance of 913.42' to a pointfor corner; THENCE, East, a distance of 10.00' to a point for corner; THENCE, South, a distance of 15.00' to a point for corner; THENCE, West, a distance of 474.14' to a point for corner. THENCE, North 50 deg., 38 min., 43 sec., West, a distance of 588.66' to a point for corner; THENCE, North a distance of 555.14' to a point for corner on the South right of way lihe of said F.M. Highway 365, some being the North line of the (Called 30.894) acre tract; said point for corner being the Northwest corner of the herein described tract; THENCE, East, on the South right of way line of said F.M. Highway 365, same being the North line of the (Called 30.894) acre tract, a distance of 15.00' to a point for corner; THENCE, South, a distance of 171.91' to a point for corner; THENCE, South 89 deg., 59 min., 59 sec., East, a distance of 49.08' to a point for corner; THENCE, South, a distance of 15.00' to a point for corner; THENCE, North 89 deg., 59sec., West, a distance of 49.08 to a point for corner; THENCE, South, a distance of 361.13' to a point for corner; THENCE, South 50 deg., 38 min., 43 sec., East, a distance of 247.01' to a point for corner; THENCE, North 00 deg., 10 min., 49 sec., West, a distance of 108.01' to a point for corner; THENCE, East, a distance of 15.00' to a point for corner; THENCE, South 00 deg., 10 min., 49 sec., East of 120.34' to a point for corner; THENCE, South 50 deg., 38 min., 43 sec., a distance of 309.74' to a point for corner; THENCE, East, a distance 417.11' to a point for corner; THENCE, North 44 deg., 58 min., 17 sec., West, a distance of 123.41' to a point for corner; THENCE, North 45 deg., 01 min., 43 sec., East, a distance of 15.00' to a point for corner; THENCE, South 44 deg., 58 min., 17 sec., East, a distance of 138.39' to a point for corner; THENCE, East, a distance of 5.46 to a point for corner; THENCE, North, a distance of 713.06' to a point for corner; THENCE, West, a distance of 10.00' to a point for corner; THENCE, North, a distance of 15.00' to a point for corner; THENCE, East, a distance of 10.00' to a point for corner; THENCE, North, a distance of 10.47' to a point for corner; THENCE, West, a distance of 46.86' to a point for corner; THENCE, North, a distance of 15.00' to a pointfor corner; THENCE, East, a distance of 46.86' to a point for corner; THENCE, North, a distance of 159.89' to a to a point for corner on the South right of way line of said F.M. Highway 365, same being the North line of the (Called 30.894) acre tract; THENCE, East, on the South right of way line of said F.M. Highway 365, same being the North line of the (Called 30.894) acre tract, a distance of 15.00' to the POINT OF BEGINNING and containing 0.9882 acre of land for utilities easement purposes. Note: this description is based on prior surveys made by SOUTEX Surveyors, Inc., and does not represent a current field survey. Anthony M. Leger, Registered Professional Land Surveyor No. 5481. November B, 2008 JJAT Property Development, LLC LS-06-1367E