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Home My WebLink AboutPR 15041: HAZEL AVE CHURCH OF CHRIST 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. 15041 COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 15041 accepting a Water Utilities Easement from HAZEL AVE CHURCH OF CHRIST for the purpose of installing, maintaining, operating, and replacing water and sewer lines through a portion of their property. BACKGROUND The proposed HAZEL AVE CHURCH OF CHRIST requires the installation of water 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. 5TAFFING/EMPLOYEE EFFECT None. SUMMARY I recommend that the City Council approve P.R. No. 15041 accepting a Water Utilities Easement from HAZEL AVE CHURCH OF CHRIST for the purpose of installing, maintaining, operating, and replacing water and sewer lines through a portion of their property. t P.R. No. 15041 12/22/08 RESOLUTION NO. A RESOLUTION ACCEPTING A WATER UTILITIES EASEMENT FROM HAZEL AVE CHURCH OF CHRIST FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF WATER UTILITIES IN THE CITY OF PORT ARTHUR. WHEREAS, the City Counci} of the City of Port Arthur deems it appropriate to accept a water utilities easement from I IAZEL AVE CI ItJRCH OF CHRIST 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 HAZEL AVE CHURCH OF CHRIST 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 HAZEL AVE CHURCH OF CHRIST 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 Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor P.R. No. 15041 12/22/08 Page 2 Councilmembers: NOES: Deloris Prince Mayor ATTEST: Terri Hanks City Secretary APPROVED AS TO FORM: ~~~ ~ r~ Mark Sokolow ~ D ~, 1 City Attorney C ~- -^~"" '~ ~/ APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons City Manager ~i~/Kelly Eldridge / Director of Utility Operations ATTACHMENT "A" UTILITY EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON THAT HAZEL AVE. CHURCH OF CHRIST, hereinafter called GRANTOR(S), 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 constmcting, 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 purposes 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. HAZEL AVE/I;HURCH OF CHRIST BY: 7F~'F FOIj,EMAN ,~-( ITS: ~ r' ~ 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 BEFORE ME, the undersigned authority, on this day personally appeared JEFF FOREMAN, as r I~~ r of HAZEL AVE. CHURCH OF CHRIST, 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 3C' DAY OF OCTOBER, 2008. ^~ ,~ ±~ .o•~'~Pr"1~~t~TAL HfGNi MANN "r'-} 'y +?__ Notary puhlic, State of Tezas ~~`--y,.~;,,~~ My Commission Expires June 16, 2012 Afrer recording, return to: CITY OF PORT ARTHUR P.O. BOX 1089 PORT ARTHUR, TEXAS 77640 C~-~~~~ ;`i~1~4~;t~, Notary Pu lic, State of Texas 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 Rv Stephen Fitzgibbons, City 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 City of Port Arthur, known [o 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 [he purposes and considerations therein expressed, and in [he capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, [his day of December, 2008. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS EXHIBIT "A" ' EXHIBIT "A" 0.0685 ACRE OF LAND OUT OF BLOCK 20, PORT ACRES, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS BEING 0.0685 acre of land for utilities easement purposes out of Lot 5, Block 20, Port Acres, recorded in Volume 4, Pages 42 through 47, Map Records, Jefferson County, Texas; being part of a tract of land conveyed to Avenue C Church of Christ of Port Acres, Texas, recorded in Volume 1039, Page 309, Deed Records, Jefferson County, Texas; said 0.0685 acre tract being more fully described by metes and bounds as follows, to wit: BEGINNING at a point for comer on the West right of way line of a dedicated road named Hazel Avenue; said point for comer being a common comer of Lots 5 and 6, Block 20, Port Acres and a common corker of said Church of Christ tract and a tract of - land conveyed to Louis Randall and Ruth Lucille Leger, recorded in File No. 9807335, Official Public Records, Jefferson County, Texas; also being the Southeast corner of the herein described tract; THENCE, Ref Line =South 89 deg., 02 min., 00 sec., West, on the common line of said Lots 5 and 6, a distance of 149.24' to a point for comer being a common corner of said Church of Christ and Leger tracts, same being a common corner of (Called 0.3636) and (Called 1.4249) acre tracts of land as described in an Assumption Deed to Shiv Sarjan, LLC, recorded in File No. 2001038574, Official Public Records, Jefferson County; Texas; said point for corner being the Southwest comer of the herein described tract; THENCE, North 00 deg., 58 min., 53 sec., West, on the common line of the (Called 1.4249) acre tract and said Church of Christ tract, a distance of 20.00' to a point for comer being the Northwest corner of the herein described tract; THENCE, North 89 deg., 02 min., 00 sec., East, 20' North of and parallel to the common line of said Lots 5 and 6, Block 20, a distance of 149.24' to a point for corner on the West right of way line of said Hazel Avenue, same being the East line of said Church of Christ tract; said point for corner being the Northeast corner of the herein described tract; THENCE, South 00 deg., 58 min., 00 sec., East, on the Wes± right of way line of said Hazel Avenue, same being the East line of said Church of Christ tract, a distance of 20.00' to the POINT OF BEGINNING containing 0.0685 acre of land, more or less. Reference Line based on Texas Highway Department bearing system, Volume 1187, Page 104, and Volume 585, Page 464, Deed Records, Jefferson County, Texas. 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, September 9, 2008. OF t ..• i ..tiF+4+~ Shiv Sarjan, LLC /Royal Inn Motel tip ~`ti faf. LS-O8-0873 ~ ~°° 5481 SU E%HIBIT B CLIENT: SHIV SARJAN LLC ROYAL INN MOTEL q 'V w b PG~GS ~I k¢+ ~, A S!+ti~Plt~gS'1 3 yF,O `+P~O~G~G in. GPS~~~~2QR> a,ol O f G NNI GR~' 5656 YYG° a. ~p~'gS~ GPSi~i,\~ a 2Q R ~G. f G GF S G~SS PP pSS f O 4P }Og t''J ~ 3I pG G P W I ~J~QO~y'(,G.yR ~ ~ pl , Z W „ 3 OE 0~. p. P ~ ~ >< ~ : w n N 89'02'00" E 149.24' o o J N O f0 Q_ v LOT ONE N O o ~ ~uF 5 89'02'00° W 149.24' m POINT OF +~ t Of P~~~GEF 6 Y BEGINNING COMMON CORNER QP QS EtP~~G, %yS ~ I LOTS 5 & 6 ~O~Y.VGg80q~ ~ PORT 2ACRE6 oQP ft~ F I . 0.0685 ACRE OF liAND PART OF LOT 5, HLK. 20 PORT ACRES JEFFERSON COUNTY. TEXAS NOT REF. LINE BASED ON TE%AS HWY DEPT. BEARING SYSTEM VOL. 1187, PG. 104, k VOL. 585. PG. 464. D.R.J. C. pE3tT~RaR oP seRncES: DRAWING & DESCRIPTION FOR UTILITIES EASEMENT (BENEFIT OF CITY OF PORT ARTHUR) SURVEYOR'S CER19'TGTION' yy - The undersigned does hereby certHrtt has ih~ceasrtoyends from aadediceted fraadwsy D tedleg9/3/Ogcribed hereon and u correct. end that said prope y ec The above tract being located at 5853 HAZEL AVENUE PORT ARTHUR TEXAS 77640 described ee AND PART OF LOT 5 BIK 20 PORT ACRES ~ accordance °Dd bevy 4 47 of the MAP. Records of JEFFERSON County, T ae recorded in Volume 4 ,pages ~- _ with the Flood Insurance Rate Map of the Federal Emergency Menngement Agemy, map reference shown. the subjec ante Hreques[ed. SOUTE% SIDiVEY0R5, Ine~ndoes mot wrrani ermm ubacnbeeto the vaccurecyelo estate o(t seidemep ed. Thia survey is <ertffied for this tre~actiw amyn it i~reble to additional ~ttutiova or subsequent owners. METES & BOUNDS DESCRIPTION TO ACCOMPANY ~ ONy M. LEGER SURVEY OF E'JEN DATE REGISTERED PROFESSIONAL LAND SURVEYOR N0. 5481 u-urunnr.HMENT NOTES: /0 Cenaus Tract: 69 FE1dA Flood Zone: B-- ~ Community Panel NO.: 485499-0025-E Panel Date: 4/17/84 Project No. OB-0873 Drain Hy: R. DINSCORE 1J V V 1 l~ 11 g SURVEYORS. INC. tl 3737 DOCTORS DRIVE PORT ARTHUR, TEAS 77642 (409) 903-2004 (409) 983-2005 B 5481