HomeMy WebLinkAboutPR 15078: MADISON CLEARVIEW PT. ARTHUR - WATER UTILITY EASEMENT
MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager
FROM: Kelly Eldridge, Director of Utility Operations l ~ I ~
~`~+~
DATE: January 20, 2009
RE: Proposed Resolution No. 15078
COMMENTS
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 15078 accepting a Water
Utilities Easement from Madison Clearview Port Arthur; L.P. for the purpose of installing,
maintaining, operating, and replacing water lines through their property at Stone Creek Apartments.
BACKGROUND
The proposed Stone Creek Apartment development on Lake Arthur Drive at Anchor Drive requires
the installation of water lines, fire protection, and their service meter to provide water 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. 15078 accepting a Water Utilities Easement
from Madison Clearview Port Arthur, L.P. for the purpose of installing, maintaining, operating, and
replacing water lines through a portion of their property.
P.R. No. 15078
01/20/09
RESOLUTION NO.
A RESOLUTION ACCEPTING A WATER UTILITIES
EASEMENT FROM MADISON CLEARVIEW PORT
ARTHUR, . L:P. 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 Madison Clearview Port Arthur, L.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 Madison Cleazview Port Arthur, L.P. in connection with water utility
services to Stone Creek Apartments in 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 Madison Clearview Port Arthur, L.P. 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
P.R. No. 15078
01/20/09
Page 2
2009, at a Regulaz Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote: AYES: Mayor
Councilmembers:
NOES:.
Deloris Prince
Mayor
ATTEST:
Tern Hanks
City Secretary
APPROVED ASCTO FORM:.
Mazk Sokolow
City Attorney
APPROVED FOR ADMINISTRATION:
Stephen Fitzgibbons
City Manager
~C~~ ~
Kelly Eld 'dge
Director of Utility Operations
--^
ATTACHMENT "A"
WATER UTILITIES EASEMENT
STATE OF TEXAS § ,
§ ~ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON, §
THAT Madison Clearview Port Arthur, L.P., hereinafter called "Grantor(s)", for
and in consideration of the sum of TEN AND NO/100 ($1.0) 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 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.
u
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.
" Madison Clearview Port Arthur. L. P.
By:
APPROVED AS TO FORM:
a
_ City Attorney
ACKNOWLEGEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally appeared
of Madison Clearview
Port Arthur, L. P., known tome to be the person whose name is subscribed to the
foregoing instrumentand acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed and as the act and deed. on behalf of
the Madison Clearview Port Arthur, L. P.
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 ,
By:
Stephen Fitzgibbons, City Manager t
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME, the undersigned Notary Public, on this day personally appeared Stephen Fitzgibbons. Ciri
Manager of the CiN of Port Arthw known [o me to be the person whose name is subscribed [o the foregoing
instrument, and'acknowledged [o 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 , 2009..
s ~ ~ NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
EXHIBIT- "A"
TRACTI
0.5764 ACRE OF LAND
- FOR WATER LINE EASEMENT PURPOSES
OUT OF BLOCK 11, RANGES "I" AND "J",
PORT ARTHUR LAND COMPANY SUBDIVISION,
CITY OF PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
BEING 0.5764 acre of land out and a part of Lot 4, Block 11, Range "I", and. Lots hand
8, Block 11, Range "J", Port Arthur Land Company Subdivision, City of Port Arthur,
recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas; being part of a
(Called 12.21) acre tract of land conveyed to Madison Clearview .Port Arthur, L.P.,
recorded in File No. 2008027479, Official Public Records, Jefferson County, Texas; said
0.5764 acre tract being more fully described by metes and bounds as follows, to wit: ; -
COMMENCING at a 5/8" steel rod found on the intersection of the Northerly right of
way line of a dedicated road named Lake Arthur Drive-and the Westerly right of way line
of Jefferson County Drainage District No. 7 Main "B" Canal: recorded in Volume 1790, --
Page ] 72, Deed Records; Jefferson County, Texas; said 5/8" steel rod being the Southeast
corner of the (Called 12.21) acre tract;
THENCE, South 89. deg., 41' min., 49 sec., West, on the Northerly right of way line of
said Lake Arthur Drive, same being the Southeasterly line of the (Called 12.21) acre
tract, a distance of 11.34' to a 5/8" steel rod found for point of curvature;
THENCE, continuing on the Northerly right of way line of said Lake Arthur Drive, same
being the Southeasterly line of the (Called 12.21) acre tract, on the azc of a curve to the
left having a radius of-670.00', and arc length of 88.82', a chord bearing of South 85
deg., 47 min., 36 sec., West. a chord distance of 88.76' to a point for comer for the
POINT OF BEGINNING and Southeast comer of the herein described tract;
THENCE, continuing on the Northerly right of way line of said Lake Arthur Drive, same
being the Southeasterly line of the (Called 12.21) acre tract, on the arc of a curve to the
lefr having a radius of 670.00',. an arc length of 15.03', a chord bearing of South 81 deg.,
21 min., 11 sec., West, a chord distance of 15.03' to a point for comer;
THENCE, North 12 deg., 01 min.. 46 sec., West, a distance of 72.30' to a point for
corner;
THENCE, on the azc of a curve to the right having a radius of 741.86', an azc length of
51.25', a chord bearing of North 82 deg., 28 min., 53 sec., East, a chord distance of
51.24' to a point for comer;
THENCE, North 06 deg., 17 min., 04 sec., West, a distance of 14.78' to a point for
corner;
THENCE, North 00 deg., 24 min., 38 sec., West, a dis!ance of 74.41'- to a point for
comer;
THENCE,-South 88 deg., 57 min., 36 sec., West, a distance of 23.65' to a point for
corner;
1
THENCE, North 00 deg., 24 min., 38 sec., West, a distance of 41.69' to a point for
corner.
THENCE, North 88 deg., 57 min., 36 sec., East, a distance of 23.65' to a point for
corner,
THENCE, North 00 deg.; 24 min., 38 sec., West, a distance of .34.83' to a point for
corner, -
THENCE, North 89 deg., 35 min., 22 sec., East, a distance of 18.00' to a point for
corner,
THENCE, North 00 deg., 24 min., 38 sec.,. West, a distance of 62.29' to a point for ~ ` :I
corner,.
THENCE, South 89 deg., 35 min., 22 sec, West, a distance of 18.00' to a point for
corner,
THENCE, North 00 deg., 24 min., 38 sec., West, a distance of 61.96' to a point for
corner. '
THENCE, West; a distance of 24.17' to a point for comer.
THENCE, South 67 deg., 53 min., 00 sec., West, a distance of 578.41' to a point- for
corner.
THENCE, South 22 deg., 07 min., 00 sec:, East, a distance of 88.82' to a point for
comer. .
THENCE. South 67 deg., 53 min., 00 sec., West; a "distance of 15.00' to a point for
comer,
THENCE: North 22 deg., 07 min., 00 sec., West, a distance of 88.82' to a point for
corner,
THENCE, South 67 deg.. 53 min., 00 sec., West, a distance of 184.99' to a point for
corner,
THENCE, South 22 deg., 07 min., 00 sec., East, a distance of 149.72' to a point for
corner,
THENCE, South 36 deg., 46 min., 06 sec., West, a distance of 94.59' to a point for
corner,
THENCE, North 53 deg., 16 min., 19~sec., West, a distance of 15.00' to a point for.
corner,
THENCE, North 36 deg.; 46 min:, 06 sec.; East, a distance of 86.14' to a point for
corner,
THENCE, North 22 deg., 07 min., 00 sec., West, a distance of 156.25' to a point for
corner.
THENCE, North 67 deg., 53 min., 00 sec., East, a distance of 796.33' to a point for
corner,
THENCE, East, a distance of 42.00' to a point for corner,
THENCE, South 00 deg., 24 min.. 38 sec., East, a distance of 61.85' to a point for
corner, '
THENCE, North 89 deg., 35 min., 22 sec., East, a distance of 18.00' to a point for
corner,
THENCE, South 00 deg., 24 min., 38 sec., East, a distance of 92.29' to a point for
corner.
THENCE, South 89 deg., 35 min., 22 sec., West, a distance of 18.00' to a point for
corner,
THENCE, South 00 deg., 24 min., 38 sec.,. East, a distance of 135.16' to a point for
comer.
THENCE, South 06 deg., 17 min., 04 sec., East, a distance of 29.36' to a point for
corner.
THENCE, on the arc of a curve to the lefr having a radius of 726.85', an arc length of
49.72', a chord bearing of South 83 deg., 41 min., 57 sec., West, a chord distance of
49.71' to a point for corner; ,
THENCE, South 12 deg., O1 min., 46 sec., East, a distance of 57.34' to the POINT OF
BEGINNING and containing 0.5764 acre of land, more or less.
TRACT II
0.3753 ACRE OF LAND
FOR WATER LINE EASEMENT PURPOSES
OUT OF BLOCK 11, RANGES "I" AND ``J",
PORT,ARTHUR LAND COMPANY SUBDIVISION,
CITY OF PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
BEING 0.3753 acre of land out. and a part of Lot 4, Block 11, Range "I", and Lots 1, 7,
' and 8; Block 11, Range "J", Port Arthur Land Company Subdivision, City of Port Arthur,.
recorded in Volume 1, Page 22, Map Records, Jefferson County;. Texas; being part of a
r~
.,. - ~
(Called 12.21) acre tract of land conveyed- to Madison Clearview Port Arthur, L.P.,
recorded.in File No: 2008027479, Official Public Records, Jefferson County, Texas; said
0.3753 acre tract being more fully described by metes and bounds as follows, to wit:
COMMENCING at a 5/8" steel rod found on the intersection of the Northerly right of
way line of a dedicated road named Lake Arthur Drive and the Westerly right of way line
of Jefferson County Drainage District No. 7-Main "B" Canal, recorded in Volume 1790.
Page 172, Deed Records, Jefferson County, Texas; said 5/8" steel rod being the Southeast
corner of the (Called 12.21) acre tract;
THENCE, South 89 deg.. 41 min.. 49 sec., West, on the Northerly right of way line of
said Lake Arthur Drive, same being the Southeasterly line of the (Called 12.21) acre
tract, a distance of 1 134' to a 5/8" steel rod found for point of curvature;
THENCE, continuing on the Northerly right of way line of said Lake Arthur Drive, same "
being the Southeasterly line of the (Called 12.21) acre tract, on the arc of a curve to the
lefr having a radius of 670.00', an arc length of 103.85', a chord bearing of South 85
deg., 09 min., 03 sec., West, a chord distance of 103.74' to a point; ";
THENCE, North 12 deg., O1 min., 46 sec., West, a distance' of 57.28' to a point for
comer for the POINT OF BEGINNING and Southeast comer of the herein described
tract;
THENCE, on the arc of a curve to the left having a radius of 726.85', an arc length of
535.68, a chord bearing of South 59 deg., 26 min., 31 sec., West, a chord distance of
523.64' to a point for corner;
THENCE, South 36 deg., 49 min., 12 sec., West, a distance of 108.79' to a point for
corner;
THENCE, North 53 deg., 16 min., 19 sec., West, a distance of 266.07' to a point for
corner.
THENCE, South 36 deg., 43 min., 23 sec., West, a distance of 173.95' to a point for
corner on the proposed Easterly right of way line of Anchor Drive Extension, same being
-the Southwesterly line of the (Called 12.21) acre tract; said point for corner being the
Southwest comer of the herein described tract;
THENCE, North 53 deg., 19 min., 15 sec., West, on the proposed Easterly right of way
line of said Anchor Drive Extension, same being the Southwesterly line of the (Called
12.21) acre tract, a distance of 15.00' to a pointfor comer;
THENCE, North 36 deg., 43 min., 23 sec.. East, a distance 188.95' to a point for corner;
THENCE, South 53 deg.; 16 min., 19 'sec., East, a distance of 266.10' to a point for
comer;
THENCE, North 36 deg., 49 min., 12 sec., East, a distance "of 94.01' to a point for
comer;
THEI\TCE, on the arc of a curve the right having of 741.86', an arc length of 546.26', a
chord bearing of North 59 deg., 24 min., 29 sec., East, a chord distance of 534.00' to a
point for comer; said point for corner being the Northeast corner of the herein described
tract; .
THEiVCE, South 12 deg., O1 min., 46 sec., East, a distance of 15.02' to the POINT OF
BEGINNING and containine 0.3753 acre of land; more or less.
Note: Bearings, distances, and acreage are based on State Plane Coordinate Grid System,
Texas South-Central Zone NAD83;• Scale Factor = 0.999918224
Note: This description is based on a prior survey made by Soutex Surveyors, Inc, dated
October 19, 2007; and does not represent a current field survey.
Anthony M. Leger, Registered Professional Land Surveyor No. 5481=
December 23, 2008
City of Port Arthur /Madison Clearview Port Arthu
LS-07-1132E
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