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HomeMy WebLinkAboutPR 15040: SHIV SARJAN LLC WATER UTILITIES EASEMENTMEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROM: Kelly Eldridge, Director of Utility Operations DATE: December 22, 2008 RE: Proposed Resolution No. 15040 COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 15040 accepting a Water Utilities Easement from SHN SARJAN, LLC. for the purpose of installing, maintaining, operating, and replacing water and sewer lines through a portion of their property. BACKGROUND The proposed Royal Inn Motel expansion on 3015 HWY 73 west requires the installation ofwater & sewer lines and fire protection to provide service to this property. These water and sewer 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. 15040 accepting a Water Utilities Easement from SHN SARJAN, LLC for the purpose of installing, maintaining, operating, and replacing water and sewer lines through a portion of their property. P.R. No. 15040 12/22/08 RESOLUTION NO. A RESOLUTION ACCEPTING A WATER UTILITIES EASEMENT FROM SHIV SARJAN, LLC FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF WATER UTILITIES IN THE CITY OF PORT ARTHUR. i _ WHEREAS,.the City Council of the-City of Port Arthur deems it appropriate to accept a water utilities easement from SHIV SARJAI~, LLC for the construction, installation, laying, and maintenance of water and sewer utilities in the City of Port Arthur under, through, and across a portion of property owned by SHIV SARJAN, LLC in connection with water and sewer 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 SHIV SARJAN, LLC for the purpose of constructing, installing, laying and maintaining water and sewer 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 Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor P.R. No. 15040 12/22/08 Page 2 Councilmembers: NOES: Deloris Prince Mayor ATTEST: Terri Hanks City Secretary APPROVED AS TO FORM: !/ Gw aids ~`-~J Mark Sokolow /~ / _ ~, _ ~ /_ City Attorney ` ~•11~~~GC.~c~J" APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons City Manager- .~ y/U / Kelly Eldridge Director of Utility Operations ACCCEPTANCE OF EASEMENT These easements were accepted by the City of Port Arthur per Resolution No. approved by the City Council on W [TNESS MY HAND this day of , 2008. CITY OF PORT ARTHUR Bv: Stephen Fitzgibbons, Ciry Manager ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned Notary Public, on this day personally appeared Stephen Fitzgibbons. City Manager of the Ciri 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 considerntions therein expressed, and in [he 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 ATTACHMENT "A" UTILITY EASEMENT THE STATE OF TEXAS COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS THAT SHN SARJAN, LLC, hereinafter called GRANTOR, For and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS cash 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 convey and by these presents do grant, bargain, sell and convey unto the said City a right, privilege and Easement in, under, and across the following described tract of land situated in Jefferson.County, Texas, to-wit: SEE ATTACHED EXHIBIT "A" Said Easement shall be for the purpose of constructing, installing, laying, maintaining, and repairing a line or lines for 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 for the aforesaid pirposes of this Easement. 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 unto the City of Port Arthur, Texas, its successors and assigns forever. WITNESS (MY) (OUR) HAND(S) this ~ © day of OCTOBER, 2008. SHIV SARJAN, LLC V 0~~~'~~2~~i' BY: VIJAY SAt~SADIA ITS: (7~,1 N/G /~ APPROVED AS TO FORM City Attorney GRANTEE: CITY OF PORT ARTHUR P.O. BOX 1089 -. - - PORT ARTHUR, TEXAS 77640 , STATE OF TEXAS § COUNTY OF JEFFERSON § BECF,)O~~ E IvJ,E, the undersigned authority, on this day personally appeazed VIJAY SANSADIA, as v of SHN SARJAN, LLC, who acknowledged to me that the foregoing instrument was executed for the purposes and consideration expressed therein and in the capacity stated therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE ON THIS, THE ~~ DAY OF OCTOBER, 2008. /~~ ~ _ ,w~•~~ CATHY T TRAN Notazy Public, State of Texas ~~ ~ Notary Pu01ic ~~-~ STATE OF TEAS %o,, ps' My Comm. ScP~ 12-314009 - After recording, return to: CITY OF PORT ARTHUR P.O. BOX 1089 PORT ARTHUR, TEXAS 77640 EXHIBIT "A" EXHIBIT "A" 0.0413 ACRE OF LAND OUT OF BLOCK Z0, PORT ACRES, CITY OF PORT ARTIiUR, JEFFERSON COUNTY, TEXAS BEINC 0.041 ; aac of land for utilities easement purposes out of Lot 5, Block 20, Port Acres. recorded ii: Volume 4, Pages 42 through 47, Map Records, Jefferson County, I~exas: being part of a tact of land known as Tract II (Called 1.4249) acres of land described in an Assumption Deed to Shiv Sarjan, LLC, recorded in Pilc No. 2001038574. Ollicial Public Records, Jefferson County. Texas; said 0.0413 acre tract being more fully described by metes and hounds as follows, to wit: BF,G[NNING at a point being a common corner of said Tract II-and a (Called 0.3636) ' tract of limd known as "tract Ldescribed in said Assumption Deed to Shiv Sarjan, LLC: said point being a coiriii~on conicr of a tract of land conveyed to LouisRandall and Ruth Lucille Le~,cr, recorded in Pilc No. 9807335, Official Public Records, Jeffersou County, "texas, and a tract ;:! land convey~d.te+Aventte C Church of Christ of Port Acres, Texas, recorded in Vohunc 1039, Page 309, Deed Records, Jefferson County, Texas; being on i the common line of hots 5 and 6, Block 20, Port Acres, and being-the Southeast corner of the herein described tract; 'CHENC[?. Rcf l,inc South 89 deg., 02 min., 00 sec., West, ou the common line of said Lots S and G. same being die common line of said Tracts I and II, a distance of 90.00' to a point Ibr corner, hrn~, the Southwest corner ofthe herein described tract; "1'iIF,NCE. North 00 deg.. 58 min., 53 sec., West, a distance of 20.00' to a point for corner being the Northwest corner of the herein described tract; TIIENCI's, North 89 deg.. 02 min., 00 sec., East, 20' North of and parallel to the common liar of said Lots ~ and C, Black 20, a distance of 90.00' to a point for corner on the common line of saSu 'I Tact II and said Avcnuc C Church of Christ of Port Acres, 'Texas tract; said point for corner being the Northeast corner of the herein described tract; "I'IIENCF„ South 00 deg., 58 min., 53 sea, East, on the common line of said Tract II and said Church of Christ tract, a distance of 20.00' to the POINT OF'BEGINNING and containin~~ 0-0413 acre of land, more or less. Rclcrcnce L.inc ba~cd on 'texas Highway Department bearing system, Volume 1187, Page I04. and Volume 585, Page 4(i4, Deed Records, Jefferson County, Texas. "Ibis description is based on prior surveys made by Soutex Surveyors, Inc. and does not represent a currcnl field- survey. Anthony M. Leger, Registered Professional Land Surveyor No. 5481 _ on September 9. 2008_ Shiv Sarjan, LLC' % Royal Inn Motc I,S-08-0873A . P%'i6 T 5481 ~`..s.°.t"~,y S U R~,~O CLIENT: SHIV BARJAN. LLC'/ ROYAL INN MOTEL EXHIBIT R 90AtE: ,- ..a. 4 N e~ b ct ~~ ~s p OR RF-S\pJ ~ ~~P~ sS~ OP~~ S'YOOR ~G. f,aOP 9 80 0.0413 ACRE OF LAND PART OF LOT 5, BLK. 20 PORT ACRES 7EFFERSON COUNTY, TEXAS p,~,c+~ss ~ Z OF I O t POF?~ O > FP OSS I l~vr`pOR ,O.h9.~p. < a L P~Of d02' O~ I W i°n al" E 90.00'. uraE - s e9az'ao' w OF X ORS PPROt 6 .tFP00}6P~ ~~~n OPX,~\O Sti p~ fig. Sf ~ OQ NOTE: REF. LINE BASED ON TEXAS HY/Y DEPT. BEARING SYSTEM VOL. 118], PC. 104, & VOL. 585. PG. 464, D.R.J. C. 119.24 01 ~ ~ = ~ PROP0 VADE 20 n - g UT7LIRE~ SEMENT n MM N RN R ~ C POINT OF BEGINNING O O CO E LOTS S k 6 OLK. 20 PORT ACRES I ~R RP~~ 7`' ~ ~~~ R~ . ~ O DaseRwnox or mrvlees: DRAINNG & DESCRIPTION FOR UTILITIES EASEMENT (BENEFIT OF GTY OF PORT ARTHUR) SORVEYOR'S CERIIITCATION: The undersigned does hereby certify that this survey was this day made of the property legally described hereon avd ie correct. and that said properly has access to and from a dedicated roadway. Dated 9/9/08 The above tract being located at 3015 HYJY ]3 WEST, PORT ARTHUR. TEXAS 77640 ens b<ivg described as 41 A R F AN PART F T K. P RT A RE an recorded in Volume 4 Pages 42_47 of the MAP Records of JEFFERSON County. Texas. !n a cordmce with the Flood Insurance Rete Yey of the Federal Emergency Management Agency, map reference ehonv. thecsubject tract lies in the flood z noted. Location o map w s determined by scale- Actnel field elevation not determined. vvleas requested. SOUTEX SURVEYORS, Inc.. does sot warrmt n subscribe to the a acy or stele of said map. This survey is certttied for this trensacdbn only, it is not transferable to additional institutions or subsequent owners. METES & BOUNDS DESCRIPTION TO ACCOMPANY SURVEY OF EVEN DATE ANTHONY M. LEGER -- REGISTERED PROFESSIONAL LAND SURVEYOR N0. 5481 Census Track 69 ENCROACHkENT NOTES: FEMA Flood Zone: ~- _ pp yPt ptSf~ Community Panel NO.: - Q6• 485499-0025-E~ S O ~T I~ 17 ~ j J ANTHONY M Panel Dete: 4~j]/84 ) 1 hLi 1X1 ~`y 5481 Pro'ect No. Da-oR]aA ~ l SURVEYORS INC. ~ 9'++`[at l 3737 DOCTORS DRNE 4.~..,~'~ PORT ARTHUR, TEXAS 77642 5 U R Drawn By: R. DINSCORE (409) 983-2004 (409) 983-2005 '. .:, 4. ~ 1. n'"~ V