HomeMy WebLinkAboutPR 15063: P. A. 69 - PARTIAL RELEASE OF A UTILITY EASEMENT
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MEMORANDUM
To: Mayor, City Council, and City Manager .
From: Valecia R. Tizeno, First Assistant City Attorney
Date: January 22, 2009. °
Subject: P. R. No. 15063; Council Meeting January 27, 2009
Attached is :P. R. No. 15063 authorizing the City '
Manager to execute a Partial Release of a utility easement in the _ --_
° City of Port Arthur. ---- -
VRT:ts _._ -
Attachment
P. R. No. 15063
01/15/09 VRT
Y
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A PARTIAL RELEASE OF A UTILITY
EASEMENT IN THE CITY OF PORT ARTHUR
WHEREAS, the City of Port Arthur and P.A. 69 are the owners or
beneficiaries of aneasement for utility lines.. (File No. 2D05041971
and amended as File No. 2008018127 of the Official Public Records
of Real. Property in the Office of the County Clerk of .Jefferson
County, Texas);'and,
WHEREAS; WOW Land Holdings, Ltd..-has acquired the real
property described in Exhibit "A" attached hereto; and
WHEREAS,- in order to develop the property, WOW Land Holdings,
Ltd., requests that the City of Port Arthur execute a partial
release of the Easement and all rights to use .of the Property,
except for the easements as shown on the Replat.of the Property and
other tracts of which the Property is.a part recorded under File
No. 200840510 of the Official Public Records of Real Property in
the Office of the County Clerk of Jefferson County,• Texas.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR•
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Section 1. That the facts and opinions in the preamble
are true and correct.
Section 2. That the City Manager of the City of Port
Arthur is hereby authorized and instructed to execute a Partial
Release of Easement in substantially the same form as attached
hereto, as Exhibit "B".
Section 3. That'a certified copy of the Partial Release of
Easement shall be filed for record in the office of the County
Clerk of Jefferson County,~Texas.
Section 4. That a copy of the caption of this Resolution
be spread, upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2009, at a Meeting of the City Council of
the City of Port Arthur, by the following vote: AYES:.
Mayor
Councilmembers '
- ,
NOES:
MAYOR
ATTEST:
TERRI HANKS, ACTING CITY SECRETARY
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APPROVED. AS TO FORM:'
~~ ~ ~ ~ 1l
CITY ATTORNEY r U ti ~ _ O,L G-p /
APPROVED FOR'ADMINISTRATION: °""~ V
CITY MANAGER
z.pr16063
Y
EXHIB~_T ~"A"
A
EXHIBIT "A"
Being a 1.778 acre tract or parcel of land, a portion ofthat certain tract ofland (called 38.87 acres)
as conveyed by deed dated June 22, 2005 from SUN NLF LTD. Partnership to PA 69, L.F., recorded
in Clerk's File No. 2005024904 of the Official Public Records of Real Property, County Clerk's x.
Office, Jefferson County, Texas, said 1.778 acre tract also being out of Lot 6, Block 12, Range "J"
ofthe Port Arthur Land Company Subdivision as recorded in Volume 1, Page 22 of the Map or Plat
Records of said County, and also known as Tract 2 of a 6.645 acre replat (the "Replat") of a portion
of Lots 5 & 6, Block 12, Range "J", of the Port Arthur Land Company Subdivision, Port Arthur
Jefferson County, Texas, as such Tract 2 is shown on the replat of record under File No..
2008040510 of the Official Public Records of Rea] Property of Jefferson County, Texas, and being _
more particularly described by metes and bounds as follows;
FOR LOCATIVE PURPOSES; commence at a 5/8"steel rod with cap marked Mark
Whiteley #3636 found located on the Southwesterly. Right of Way line of U.S.
Highway No. 69, 96 and 287 (a.k.a. Memorial Boulevard) marking the Northeast
corner of said 38.87 acre tract ofland, this point also marks the Southeast comer of
that certain tract of land (called 16.352 acres) as conveyed by deed to Allen Samuels
Realty, Inc., recorded in Clerk's File No. 2000044818 of, said Official Public
Records;
THENCE South 48 deg. 28 min. 44 sec. East (reference bearing) along said
Southwesterly Right of Way line and East line of said 38.87 acre tract a distance of
118.30 feet to a %" steel rod with cap marked Arceneaux & Gates found marking an
angle point for corner;
THENCE South 42 deg. 48 min. 56 sec. East continuing along said Southwesterly
Right of Way line and East line a distance of 1 11.09 feet to a'/~" steel rod with cap
marked Arceneaux & Gates set marking the Northeast corner and PLACE OF
BEGINNING of the herein described tract of land;
THENCE South 42 deg. 48 min. 56 sec. East continuing along said Southwesterly
Right of Way line and East line with the East line ofthis tract a distance of 190.62
feet to a 5/8" steel rod found marking an angle point for corner;
THENCE South 48 deg. 33 min. 52 sec. East continuing along said Southwesterly
Right of Way line and East line with the East line ofthis tract a distance of 48.91 feet
to a %" steel rod with cap marked Arceneaux & Gates set marking the Southeast
comer of the herein described tract ofland;
THENCE South 41 deg. 13 min. 00 sec. West departing said Southwesterly Right of
Way line along the South line ofthis tract a distance of 316.63 feet to a %:" steel rod
with cap marked Arceneaux & Gates set marking the Southwest corner of the herein
described tract of land; '
THENCE North 48-deg. 47 min. 00 sec. West along the West line of this tract a
distance of 238.50 feet to a %:" steel rod with cap marked Arceneaux & Gates set
marking the Northwest comer of the herein described tract ofland;
THENCE North 41 deg: 13 min. 00 sec. East along the North line of this tract a
distance of 336.64 feet to the Northeast corner and PLACE OF BEGINNING and
containing in area 77,435 square feet or 1.778 acres of land, more or less
EXHIBIT "B"'
PARTIAL RELEASE OF EASEMENT
This Agreement for Partial Release of Easement is entered into between City of Port Arthur
("Easement Holder")-and PA69 L.P., a Texas limited partnership ("Current Owner"), and WOW
Land Holdings, Ltd., a Texas limited partnership (".Propery Owner").
Recitals
A. Property Ovvner has acquired or is in the process of acquiring the real property described
on Exhibit "A" attached to this agreement (the "Property"). .
h
B. The undersigned easement owners being Current Owners and Easement Holder (both
collectively "Easement Owners")are the owners or beneficiazies of an easement for utilitvJines and
ingress and egress for such utility lines more particularly described in the documents recorded under
File No. 2005041971 and as amended at File No. 2008018127 ofthe Official Public Records of Real
Properly in the Office of the County Clerk of Jefferson County, Texas.
C. Easement Owners wish to release the Easement and all rights to use of the Property,
except for the easements as shovvn on the Replat of the Property and other tracts of which the
Property is a part recorded under File No. 2008040510, of the Official Public Records of Real
Propem in the Office of the County Clerk of Jefferson County; Texas.
D. Propem Owner wishes to accept the release.
THE PARTIES THEREFORE AGREE AS FOLLOWS:
Easement Owners release any and all rights to use ofthe Easement on or across the Propem
except that Easement Owners do not release the easements as shovvm on the Replat of the Propem-
recorded under File No. 2008040510, of the Official Public Records of Real Property in the Office
of the County Clerk of Jefferson County; Texas:'
This agreement is executed for the benefit and is binding upon the.heirs, successors and
assigns of the Property Owner and may be executed in multiple counterparts, all of which when
taken together shall constitute one original
Page 1
Executed effective January ~ 2009.
' EASEMENT HOLDER:
' CITY OF PORT ARTHUR
BY
CURRENT OWNER:
r PA69 L.P., a Texas Limited Partnership
BY:' FREEWAY REAL PROPERTIES, LLC, a Texas
.limited Iiabilit}~ company; Genera] Partner
Bv:
• O.N. Baker, Sole Manager
BY: Highway 69 Properties, LLC, aTexas limitedliabilit}
company, General Partner
By:
- Kerry R. LaGrone, Sole Manager
PROPERTY OWNER: ~
WOW Land Holdings, Ltd., a Texas limited partnership
BY:' WOW Land Holdings GP, LLC, a Texas limited
liabilihr compariy, General Partner
{' . By
Allen Perkins, Manager
AFTER RECORDING RETURN TO
ROBERT B. DUNHAb1 (ajs)
SHELDON & DUNHA~LI, PLLC.
905 ORLEANS '
BEAUb40NT. TEXi3S 77701-35?0
r
Page 2
i
STATE OF §
COUNTY OF §
BEFORE ME, the undersigned authority, on this day. personally appeared
° of City of Port Arthur, a municipality formed under
the laws of the State of Texas, ;
^ known to me
^ ,proved to me on the oath of or through
to be the person whose name is subscribed to the foregoing instrument and acknowledgedxo me that
he executed the same for the purposes and consideration therein expressed; in the capacity therein
stated on behalf of and as the act and deed of said City of Port Arthur.
GIVEN UNDER MY HAND AND SEAL OF OFFICE ON THIS DAY OF
2009.
SIGNATURE OF NOTARY
TYPED OR PRINTED NAME OF NOTARY
NOTARY PUBLIC, STATE OF
STATE OF §
COUNTY OF §
BEFORE ME; the undersigned authority. on this day personally appeared Allen Perkins,
Manager of WOW Land Holdings GP,'LLC, aTexas limited liabilit} company: General Partner of
WOW Land Holdings, Ltd., a Texas limited partnership,
^ knoHm to me
^ proved to me on the oath of or through °'
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that
he executed the same for the purposes and consideration therein expressed, in the capacities therein
stated on behalf of and as the act and deed of said WOW Land Holdings GP; LLC and on behalf of
and as the act and-deed of said WOW Land Holdings, Ltd.
GIVEN UNDER MY HAND AND SEAL OF OFFICE ON THIS DAY OF
,2009.
SIGNATURE OF NOTARY
TYPED OR PRINTED NAME OF NOTARY
NOTARY PUBLIC, STATE OF
Page 3
B
STATE OF ~ §
COUNTY OF ~ §
BEFORE ME, the undersigned authority, on this day personally appeazed O.N. Baker, Sole
Manager of FREEWAY REAL PROPERTIES, LLC, a Texas limited liability company, General
Partner of PA69 L.P., a Texas limited partnership,
^ kno~~m to me
^ proved to me on the oath, of
or through
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that
he executed the same for the purposes and consideration therein expressed, in the capacities therein
stated on behalf of and as the act and deed of said FREEWAY REAL PROPERTIES. LLC and on
behalf of and as the act and deed of said PA69 L. P.
e
GIVEN UNDER MY HAND AND SEAL OF OFFICE.ON THIS DAY OF
2009. `
SIGNATURE OF NOTARY
TYPED OR PRINTED NAME OF NOTARY
NOTARY PUBLIC. STATE OF
STATE OF §
COUNTY OF §
BEFORE ME, the undersigned authority, on this dati~ personally appeared Kem R. LaGrone,
Sole Manager of Highway 69 Properties; LLC. a Texas limited liabilih' company; General Partner
of PA69 L.P., a Texas limited partnership,
^ known to me
^ proved to me on the oath of or_'through
to be the person whose name is subscribed to the foregoing instrument and acknowledged to methat
he executed the same for the purposes and consideration therein expressed, in the capacities therein
stated on behalf of and as the.act and deed of said Highway 69 Properties, LLC and on behalf of and
as the act and deed of said PA69 L.P.
GIVEN UNDER MY HAND AND SEAL OF OFFICE ON THIS DAY OF
.2009.
SIGNATURE OF NOTARY
TYPED OR PRINTED NAME OF NOTARY
NOTARY PUBLIC; STATE OF
Page 4
EXHIBIT "A"
Being a 1.778 acre tract or pazcel of land, a portion of that certain tract of land (called 38.87 acres)
as conveyed by deed dated June 22; 2005 from SUN NLF LTD. Partnership to PA 69, L.P., recorded
in Clerk's File No. 2005024904 of the Official Public Records of Real Propertv, County Clerk's
Office, Jefferson County; Texas, said 1.778 acre tract also being out of Lot 6, Block.l2, Range "J"
of the Port Arthur Land Company Subdivision as recorded in Volume 1, Page 27 of the Map or Plat
Records of said County, and also known as Tract 2 of a 6.645 acre replat (the "Replat") of a portion
of Lots 5 & 6, Block 12, Range "J", of the Port Arthur Land Company Subdivision, Port Arthur
Jefferson County, Texas, as such Tract 2 is shown on the replat of record under File No.
2008040510 of the Official Public Records of,Real Property of Jefferson County, Texas. and being
more particulazly described by metes and bounds as follows;
FOR LOCATIVE PURPOSES. commence at a5/8" steel rod with cap mazked Mark
Whiteley#3636 found located on the Southwesterly Right of Way line of U.S.
Highway No. 69, 96 and 287 (a.k.a. Memorial Boulevard) marking the Northeast
comer of said 38.87 acre tract of land, this point also marks the Southeast corner of
that certain tract ofland (called 16.352 acres) as com~eyed by deed to Allen Samuels
Realty; Inc., recorded in Clerk's File No. 2000044818 of said Official Public
Records:
THENCE South 48 deg. 28 min. 44 sec. East (reference bearing) along said
Southwesterly Right of Wav line and East line of said 38.87 acre tract a distance of
118.30 feet to a %" steel rod with cap marked Arceneaux & Gates found marking an
angle point for comer; ,
THENCE South 42 deg. 48 min. 56 sec. East continuing along said Southwesterly _
Right of Way line and East line a distance of 111.09 feet to a %" steel rod with cap
marked Arceneaux & Gates set marking the Northeast corner and PLACE OF
BEGINNING of the herein described tract ofland;
THENCE Soutli 42 deg. 48 min. 56 sec. East continuing along said Southwesterly
Right of Way line and East line ~~ith the East line of this tract a distance of 190.62
feet to a 5/8" steel rod found mazking an angle point for corner;
THENCE South 48 deg. 33 min. 52 sec. East continuing along said Southwesterly
Right of Way line and East line with the East line of this tract a distance of48.91 feet
to a'/~' steel rod with cap marked Arceneaux & Gates set marking the Southeast
comer of the herein descnbed tract of land;
THENCE South 41 deg. 13 min. 00 sec. West departing said Southwesterly Right of
Way line along the South line of this tract a distance of 316.63 feet to a %" steel rod
with cap marked Arceneaux & Gates set marking the Southwest corner of the herein
described tract ofland;
THENCE North 48 deg. 47 min. 00 sec. West along the West line of this tract a
' distance of 238.50 feet to a %z' steel rod with cap mazked Arceneaux & Gates set
mazking the Northwest comer of the herein described tract ofland;
THENCE North 41 deg. 13 min. 00 sec. East along the North line of this tract a
distance of 336.64 feet to the Northeast comer and PLACE OF BEGINNING and
containing in azea 77,435 squaze feet or 1.778 acres of land, more or less
Page 5