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Home My WebLink AboutPR 15114: AA ALLSPACE LTD - ACCEPT WATER EASEMENT.~ MEMORANDUM ` CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROM: Kelly Eldridge, Director of Utility Operations -+L~~ DATE: February 17, 2009 RE: Proposed Resolution No. 15114 COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 15114 accepting a Water Utilities Easement from AA Allspace LTD. for the purpose of installing, maintaining, operating, and replacing water utilities through'a portion of their property. BACKGROUND . ` The proposed AA Allspace LTD. development requires the installation of public water utilities (fire protection & their service meter) to provide service to this property. These public water utilities will require dedication of this easement. , BUDGET/FISCAL EFFECT None. STAFFING/EMPLOYEE EFFECT The property owner has asked the City to perform the utility installation at their expense. SUMMARY ~ , I recommend that the City Council approve P.R. No. 15 i 14 accepting a Water Utilities Easement from AA Allspace LTD. for the purpose of installing, maintaining,.operating, and replacing water utilities through a portion of their property. P.R. No. 15114 02/16/09 RESOLUTION NO. A RESOLUTION ACCEPTING A WATER UTILITIES EASEMENT FROM AA ALLSPACE LTD. FOR THE' CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF WATER UTILITIES IN THE CITY OF PORT ARTHUR. WHEREAS, the City Council ofthe City of Port Arthur deems it appropriate to accept a water utilities easement from AA Allspace LTD. for the construction, installation, laying; and maintenance of water utilities in the City of Port Arthur under; through, and across a portion of property o~med by AA Allspace LTD. 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 AA Allspace LTD. 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,` P 1 ' 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 4_ 2009, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following P.R. No. 15114 02/17/09 - - Page 2 1 1 - ` vote: AYES: Mayor Councilmembers: NOES: ' - Deloris Prince Mayor ATTEST: -• .. Terri Hanks Acting City Secretary - ~ . ~_ APPROVED AS TO FORM: ' Mark Sokolow - City Attorney APPROVED FOR ADMINISTRATION: ` ~~ ~~~ o Stephen Fitzgibbons • Kelly El ge City Manager Director of Utility Operations .ATTACHMENT "A" i ~ F WATER.UTILFTIES EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT AA ,Allspace LTD., 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 Muhicipal Corpdration, (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, maintainirig, 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 descYibed tract of land for the aforesaid purposes of this Easement, as to provide water to the adjoining properties. r 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 HAND, this ~ day.of - , A.D., 2009. AA Allspace LTD.. By. APPROVED AS TO FORM: • City Attorney ' 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, Ciry Manager ACKNOWLEDGMENT' THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned Notary Public,. on [his day personally appeared Stephen Fitzgibbons. City Manager of the Ci[v 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 PortArtliur, for the purposes and considerations therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OP OFFICE, this day of , 2009. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS i ACKNOWLEGEMENT . THE STATE OF TEXAS § • COUNTY OF JEFFERSON § BEFORE ME, the undersigned; authority,: on this day personally appeared of AA Allspace LTD: 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 for the Purposes and consideration therein expressed and as the act and deed. on behalf of the AA Allspace LTD. GIVEN UNDER MY HAND AND~SEAL OF OFFICE on this the day of , 2009. Notary Public for the State of Texas e RETURN TO: CITY OF PORT ARTHUR ATTN: Mark Sokolow City Attorney P. O. Box 1089 Port Arthur, Texas 77641-1089 f EXHIBIT "A" . F ~' F EXHIBIT A FAUST Engineering and Surveying; Inc. PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS TELEPHONE (409) 813341 O E-MAIL ADDRESS INFO@FAUSTENG.COM FAx (409) 8133484 2525 CALDER STREET BEAUMONT, TExas 77702 LEGAL DESCRIPTION FOR A I S FOOT WIDE UTILITY EASEMENT BEINGA O.l00ACRE TRACT OFLAND OUT OFA 6.731 ACRE TRACT PART'OF TRACT "C"AND ALL OFAMENDED TRACT "C-1 " PORT ACRES AND NOMEPORT ADDITION CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS January 22, 2009 BEING 0:100 acres (4,370 Square Feet) of land out of a 6.731 (Called 6.735) acre Tract, also known as part of Tract "C", recorded in Volume l4, Page 265, and all of Amended Tract "C-1 ", recorded in Volume 15, Page 145, Map Records, Jefferson County, Texas; said Tract"C" and Amended Tract "C-1" being part of Lots 3 and 4, Block 1, Port Acres, recorded in Volume 4, Pages 42 thru 47, and portions of Nomeport Addition, recorded in Volume 7, Page 198, Map Records, Jefferson County, Texas; said 0.098 acres (4,370 Square Feet):of land being more fully described by metes and bounds as follows: COMMENCING at a %z" iron rod found on the north right-of--way line of F.M. Highway 365; said %z" iron rod being the southeast corner of Tract "D-2" as recorded in Volume 16, Page 98, Map Records of Jefferson County, Texas, same being the southwest corner of said Tract "C": THENCE .following the north right-of--way line of F.M. Highway 365 with a curve to the left whose chord bears N 84°42'22" East, a distance of 132.95 feet, an arc distance of 132.97 feet and having a radius of 2451.05 feet to the,POINT OF BEGINNING; ; THENCE leaving said north right-of--way line of F.M. Highway 365 and over and across said 6.731 acre Tract North 00°01'37" East, a distance of 257.26 feet to a point; THENCE North 89°58'23" West, a distance of 20.00 feet to a point; ` Page 1 i WATERLINE EASEMENr THENCE North 00°01'37" East, a distance of ] 5.00 feet to a point; THENCE South 89°58'23" East, a distance of 35.00 feet to a point; THENCE South 00°01'37" West, a distance of 270.41 feet to a point on the north right=of--way line of F.M. Highway 365; THENCE following the north right-of--way line of F.M. Highway 365 with a curve to the right whose chord bears South 82°58'36" West, a distance of 15.11 feet, an arc distance.of 15.11 feet and having a radius of 2451.05 feet to the POINT OF BEGINNING containing 0..100 acres (4, 370 Square Feet) of'land, more or less. This description and accompanying exhibit were prepared from a Land Title Survey performed under the supervision of Richard F. Faust, P.E.,.Registered Professional Land Surveyor No. 4782 on June 4, 2008. RICHARD F. FAUST- - REGISTERED PROFESSIONAL LAND SURVEYOR NO / P~ ~ ~ F9 /~:'F. F• ~9y .......................... PoCHAFlD F. FAl1Sf ........................... !~:"O.o_ 4762 _,y:b.. 4 Page 2 c EXHIBIT A A 15' WIDE. WATERLINE. EASEMENT a uCFAOpIN WARP FIX1NOAlIdV /651 cnc ~•-lov F.C. 1D1-91-1{92 ' p.P.R.J.C. S BBSTST E 3.00' - N BBSB'3p" E 289.95 - _ _ _ LALfED 5 9956'29' E I I - ' I PRONE i0M£R SIZE I IcF. xo zaololzJasi, ~ - p.P.fl J.C. I r v I I I 1 I 6.731 b. (CALLED 6.735) ACRES I LAND PART bF TRACT "C1 AND AMENDm TRACT 'C-1" PORT ACRES AND NOMEPORT ADDI11ON JEFGERSDN CWNTY, TEXAS I I I g I _ I €o I Sm , 0n ; PRQ°OSEp MAC} "C ~ TRgCi b-I' ~ w RE50LE }RACY T~ TRACT-p-2' n BICG. ~V WL I{, PC. 365 WL. i6, PQ 98 P n ` I N.R.J.L, N RdQ PS ~ a r ~~ ELt; EXHIBIT A ~ 15' WATERLINE EASEMENT - PRWOSED I I I (0.100 Ac. / a,3J0 S.FJ BLOvc. i i I i6 ~ I h. I NIXt1H 0.0. W_tIN, _ POINT OF COMMENgNG ` I 13 1~1 Ir I ~I I I /' 'P I '~ I - ' ~ dgNT OF BEgNNING - _ I C ~Gy~1FDG" 505051 <b'Zn ~ 156.31') CH00.D OISTRA.6 ~1`SIA1~ ~5s.9T) A0.C + f.M. HW1 365 (12p Ro.w. ) CURVE TABLE NRVE FAOg15 ARC IfNOM CNORO lLNC1X CXORO BE/.RIM6 DELTA µ01E TµOEM C1 C2 { L0 I .9J' ' I 95' N GV2'Y/' E 3' 0 66 3 ' SI.OS I .I I 19.11' S ei '!S' W 0' 1'12' . ]3 ' n .. _ . . FEBRWRY 09 ENGINEERING AND SURVEYING, INC. 2sss cNnm sflEEr aFADllart, TERAC JnB2 '(.oB) en-!ao .": FAx (ao) au-1.9a t