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Home My WebLink AboutPR 15061: CHICORY COURT - BRITTANY PLACE II - WATER UTILITY EASEMENTMEMORANDUM CITY OF PORT ARTHUR UTILITY :OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROM: Kelly Eldridge, Director of Utility Operations J~LQ~~~ DATE: January 14, 2009 / !/~- , RE: Proposed Resolution No. 15061 COMMENTS RECOMMENDATION " I recommend that the City Council approve Proposed Resolution No. 15061 accepting a Water Utilities Easement from Chicory Court -Brittany Place II, LLP for the purpose of installing, maintaining, operating, and replacing water lines through a portion of theirproperty. BACKGROUND The proposed Brittany Place Apartment development requires the installation of water lines, fire protection, and their service meter to provide service to this property. These water mains will require dedication of this easement. BUDGET/FISCAL EFFECT None. STAFFING/EMPLOYEE EFFECT None. SUMMARY I recommend that the City Council-approve P.R. No. 15061 accepting a Water Utilities Easement from Chicory Court -Brittany Place II, LLP for the purpose of installing, maintaining, operating, and replacing water lines through a portion of their property. s P.R. No. 15061 01/14/09 RESOLUTION NO. A RESOLUTION ACCEPTING A WATER UTILITIES EASEMENT FROM CHICORY COURT -BRITTANY PLACE II; LLP FOR THE ~ CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF WATER UTILITIES IN THE CITY OF PORT ARTHUR. WHEREAS, the City Council of the City of Port Arthur deems it appropriate to accept a water utilities easement from Chicory Court -Brittany Place II, LLP 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 Chicory Court -Brittany Place II, LLP 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 Chicory Court -Brittany Place II, LLP 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 2009, at a Regulaz Meeting of the City Council of the City of Port Arthur, Texas,. by the following P.R. No. 15061 01/14/09 • ~ Page 2. vote: AYES: Mayor Councilmembers: NOES: Debris ,Prince Mayor ATTEST: Terri Hanks City Secretary APPR~OjVED AS(TO~/FOARM: Mark Sokolow ' City Attorney APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons City Manager ~~ ~~ i~ ~~ ~~~ . Kelly Eldri ge Director of Utility Operations ATTACHMENT "A" WATER UTILITIES EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS 3 COUNTY OF JEFFERSON § THAT Chicory Court- Brittany Place II, LLP, hereinafter called."Grantor(s)",-for and in consideration of the sum of TEN AND NO/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 `Gty'"), as well as other good and valuable corisiderations, 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 utilities 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. 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 HAND, this day of , A.D., 2009. Chicory Court -Brittany Place II, LLP By: APPROVED AS TO FORM: City Attorney y i ACKNOWLEGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared of Chicory Court - Brittany Place II, LLP, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same forthe purposes and consideration therein expressed and as the act and. deed on behalf of the Chicory Court -Brittany Place II, LLP GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 2009. 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 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 , 2009. CITY OF PORT ARTHUR Stephen Fitzgibbons, City Manager THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned Notary Public, on-[his day personally appeared Stephen Fitzgibbons, Ciri Manager of the Citv of Port Arthur, known to me to be the person whose name is subscribed [o 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 [herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of _ , 2009 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS r EXHIBIT "A" EXHIBIT "A" TRACTI 0.0145 ACRE OF LAND FOR WATER LINE EASEMENT PURPOSES OUT OF THE AMENDED FINAL PLAT OF NORMANDY PLACE, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS BEING 0.0145 acre of land out of and a part of Lot B of the Amended Final Plat of Normandy Place, City of Port Arthuz, recorded in Volume 11, Page 14, Map Records, Jefferson County, Texas; being part of a (Called 4.614) acre tract of land conveyed to Chicory Court -Brittany Place II, LP, recorded iri-File No. 2008012616, Official Public Records, Jefferson County; Texas; said 0.0145 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a 2" steel pipe found on the intersection of the North right of.way line of a dedicated road named 33`d Street and the West right of way line of a dedicated road named Normandy Avenue; said 2" steel pipe being, the Southeast corner of Block 1, . Normandy Place; the Southwest cover of said Lot B, and the Southwest corner of the (Called 4.614) acre tract; THENCE, North 41 .deg., 10 min., 03 sec., Easton the North right of way line of said 33rd Street, same being the South line of the (Called 4.614) acre .tract, a distance of 59.98' to an "X" mark found in concrete for the Northwest corner of Lot A, Amended Final Plat of Normandy Place; _ THENCE North 41, deg., 13 min., 55 sec., East (Called North 41 deg., 13 min.,'.15 sec., East), on the common line of said Lots A and B, a distance of 240.02' to a '/" steel rod found for the common corner of said Lots A and B; said !/:'steel rod being on the West line of a tract of land conveyed to Skylar Thompson and Caira Thompson, Franz, recorded in Film Code 103-21-0418, Official Public Records, Jefferson County, Texas; THENCE, North 48 deg., 47 min., 08 sec., West, on the common line of said Lot B and said Skylar tract, a distance of 2.39' to a point for corner for the POINT OF 'BEGINNING and Southeast corner of the herein described tract;.. , THENCE, South 41 deg.', 12 min., 52 sec., West, a distance of 42:14' to~a point for y corner being the Southwest corner of the herein described tract; THENCE, North 48 deg., 47 min., 08 sec., West, a distance of 15.00' to a point for comer being the Northwest corner of the herein described tract; THENCE, North 41 deg., 12 min., 52 sec., East, a distance of 42.14' to a point for corner' on the common line of said Lot B and said Skylar tract; said point for corner being. the Northeast corner of the herein described tract; THENCE, -South 48 deg., 47 min., 08 sec.,. East, on the common line of said Lot B and said Skylar tract, a distance of 15.00' to the POINT OF BEGINNING and containing 0.0145 acre of land. more~or less. TRACT II 0.0174 ACRE OF LAND FOR WATER LINE EASEMENT PURPOSES OUT OF THE AMENDED FINAL PLAT OF NORMANDY PLACE, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS BEING 0.0174 acre of land out of and a-part of the Amended Final Plat of Normandy Place, City of Port Arthur, aecorded in Volume 11, Page 14, Map Records, Jefferson County, Texas; being part. of a (Called 4.614) acre tract of land conveyed to Chicory Court -Brittany Place II, LP, recorded in File No. 2008012616,. Official Public Records, Jefferson County, Texas; said 0.0174 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING.at a 2" steel pipe found on the intersection of the North right of way line of a dedicated road named 33`d Street and the West right of way line of a dedicated road named Normandy Avenue; said 2" steel pipe being the Southeast corner of Block 1, Normandy Place, the Southwest comer of said Lot B, and the Southwest corner of the (Called 4.614) acre tract; THENCE, North 41 deg., 10 min., 03 sec.,. East on the North right of way line of said 33`d Street, same being the South line of the (Called 4.614) acre tract, a distance of 59.98' to an "X" mark found in concrete for the Northwest corner of Lot A, Amended Final Plat of Normandy Place; , THENCE North 41 deg., 13 min., 55 sec., East (Called North 41 deg., 13 min., 15 sec., East), on the common line of said Lots A and B, a distance of 240.02' to a %2" steel rod found for the common corner of said Lots A and B; said %" steel rod being on the West line of a tract of land conveyed to Skylaz Thompson and Caira Thompson Franz, recorded in Film Code 103-21-0418, Official Public Records, Jefferson County, Texas; THENCE; North 48 deg., 47 min., 08 sec., West, on the common line of said Lot B and said Skylar tract, a distance of 313.10' to a point for corner for the POINT OF BEGINNING and Southeast comer of the herein described tract; THENCE, -South 41 deg., 12 min., 52 sec., West, a distance 50.46' to a point for comer being the Southwest comer of the herein described tract; THENCE, North 48 deg., 47 min., 08 sec., West, a distance of 15.00' to a point for corner being the Northwest corner of the herein described tract; THENCE, North 41 deg., 12 min., 52 sec., East, a distance of 50.46' to a point for corner on the common line of said Lot B and said Skylar tract; said point for comer being the Northeast corner of the herein described tract; T.3ENCE, South 48 deg., 47 min., 08 sec., East, on the common line of said Lot B and said Skylar tract, a distance of 15.00' to POINT OF BEGINNING and containing 0.0174 acre of land, more or less. 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 24, 2008. City of Port Arthur /Chicory Court -Brittany Place II, LP , LS-08-0884E ~ ~' ~ ~ _~ _=.+ ; 1 ~,~.... ------~ y ]~ ~'.~. IIP ! III ~ ' Off ov imn0l 95 '~p~ ~iR ~^ .y ~r, ox ~ YFAy.~.~ ~~ ~S ~i 111 _ ~, BIZ Y~~'10 r Q X04 ~. e 9~ tF' p ~ 1 ii ~ YYtrt 5 i , : i' L . _ _ _ i ~ r- ~ _I i . ____________________ _ ______________________ I \ ~...n.. .,.n _ _ _ _ .... _ _ _ _ i I________ ~ i.uao nr.em'. ...wi - _y •n'~m i ~. u.au.. i.....~ ' vin eM..~ a..a n .~. e. ~. L rvm~ugr .Kx~[ (w.e. i _ _____________ w ~eia in~ gyn. ~[.x-n.i~e .-one. ^m iw~m ~rteri poixi o~ xv~• ' ~S _ w.. ~. ~:............ ..5...... ..r... .. .~..~...~.~ ... i...~.......v...., „,.. ,.da..... sue ...... ........ q.„„~ . ~ ""0.'..a.~L G:4:.:::. i..~ .~.. ,~...~m ~B~_>.U.~Bw ~ _ SOUTEX ..o.a. ......~ ~ _o.,. %a. 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