HomeMy WebLinkAboutPR 15164: LRG LEGACY SR. HOUSING - WATER EASEMENTMEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager
FROM: Kelly Eldridge, Director of Utility Operations ~` ~~ ~~
DATE: Mazch 17, 2009
RE: Proposed Resolution No. 15164
COMMENTS
I recommend that the City Council approve Proposed Resolution No. 15164 rescinding Resolution
No. 07-504 and No. 08-389, and accepting a new Water Utility Easement from LRG Legacy Senior
Housing of Port Arthur, LP for the purpose of installing, maintaining, operating, and replacing water
lines through a portion of their property.
BACKGROUND
This is the third Resolution accepting an easement for this waterline. In November 2007 (by Res. No.
07-504) LRG Legacy Senior Housing of Port Arthur, LP granted the City an easement for the public
waterlines to serve the new Legacy Senior Housing project on Lake Arthur Drive. Later, they
discovered that their engineer and contractor had constructed the waterline outside this easement. In
September 2008 (by Res. No. 08-389), we rescinded Resolution No. 07-504 and defined new
easement boundaries provided by their engineer. Subsequent to the Final Inspection last month, it
was discovered that the waterline was still not installed within the described easement tracts. Their
engineer again re-surveyed the newly-built waterlines and provided the new included easement
description. Once the water system punch list items and correct record drawings are completed, we
will submit another Resolution to recommend acceptance of the water system.
BUDGET/FISCAL EFFECT
None.
STAFFING/EMPLOYEE EFFECT
None.
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 15164 rescinding Resolution
No. 07-504 and No. 08-389, and accepting a new Water Utility Easement from LRG Legacy Senior
Housing of Port Arthur, LP.
P.R. No. 15164
03/17/09
RESOLUTION NO.
A RESOLUTION RESCINDING RESOLUTION NO. 07-504
AND RESOLUTION NO. 08-389 IN THEIR ENTIRETY AND
ACCEPTING A WATER UTILITY EASEMENT FROM LRG
LEGACY SENIOR HOUSING OF PORT ARTHUR, LP FOR
THE CONSTRUCTION, INSTALLATION, LAYING, AND
MAINTENANCE OF WATER UTILITIES IN THE CITY OF
PORT ARTHUR
WHEREAS, the City Council of the City of Port Arthur approved Resolution No. 07-504
accepting a water utility easement from LRG Legacy Senior Housing of Port Arthur, LP for the
construction, installation, laying, and maintenance of water utilities in the City of Port Arthur under,
through, and across a portion of their property in connection with utility services of the City of Port
Arthur; and,
WHEREAS, the public water line was not constructed within the aforesaid easement, and
the City Council deemed it appropriate to rescind Resolution No. 07-504 in its entirety and accept
another water utility easement from LRG Legacy Senior Housing of Port Arthur, LP for the same
purpose; and,
WHEREAS, the public water line was still not constructed within either of the aforesaid
easements, and the City Council deems it appropriate to rescind Resolution No. 07-504 and
Resolution No. 08-389 in their entirety and accept another water utility easement from LRG Legacy
Senior Housing of Port Arthur, LP for the construction, installation, laying, and maintenance of
water utilities in the City of Port Arthur under, through, and across a portion of their property in
connection with utility services of the City of Port Arthur; NOW 'T'HEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the City Council rescinds Resolution N o. 07-504 and Resolution No. 08-389 in their
entirety; and,
P.R. No. 15164
03/17/09
Page 2
THAT, the City Manager of the City of Port Arthur be and is hereby authorized and
instructed to execute and accept another water utility easement from LRG Legacy Senior Housing of
Port Arthur, LP 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
2009, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote: AYES: Mayor
Councilmembers:
NOES:
Deloris Prince
Mayor
ATTEST:
Tem Hanks
City Secretary
APPROVED AS TO FORM:
Mazk Sokolow
City Attorney
APPROVED FOR ADMINISTRATION:
Stephen Fitzgibbons
City Manager
~-~ ~~~
Ross Blackketter, P.E.
Director of Public Works
Kelly El ridge
Director of Utility Operations
ATTACHMENT "A"
WATER UTILITIES EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
THAT, LRG Legacy Senior Housing of Port Arthur, LP, hereinafter called "Grantor",
for and in consideration of the sum of Ten Dollars ($10.00) and other valuable
consideration to the undersigned 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, has
GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL, and
CONVEY unto the said City, a right, privilege and easement in, under and across the
following described tracts of land situated in Jefferson County, Texas, to-wit:
See Exhibit "A" attached hereto and incorporated herein by reference.
Said Easement shall be for the purpose of constructing, installing, laying,
maintaining and repairing a 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 to ingress to
and egress from the above described tract of land for the aforesaid purposes of this
Easement.
It is expressly understood and agreed that the City shall have the right to the
temporary use of adjacent property to the above designated Easement as is reasonably
needed for working room to accomplish the aforesaid purposes of this Easement.
Easement
Page 2 of 3
TO HAVE AND TO HOLD the same unto the City of Port Arthur, Texas, its
successors and assigns forever.
SIGNED AND EXECUTED this day of , 2009.
By:
LRG Legacy Senior Housing of Port Arthur, LP
APPROVED AS TO FORM: GRANTEE:
City of Port Arthur
P. O. Box 1089
Port Arthur, Texas 77640
Mark Sokolow
City Attorney
ACKNOWLEGEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally appeared
of LRG Legacy Senior Housing of Port Arthur, LP, 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 LRG Legacy Senior Housing of Port Arthur, LP.
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
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 [his day of 2009.
CITY OF PORT ARTHUR
By:
Stephen Fitzgibbons, City Manager
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME, the undersigned Notary Public, on this day personally appeared S[ephen Fitzgibbons, City
Manager of the Citv 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 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
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
EXHIBIT "A"
(Provided by Soutex Surveyors Inc.)
EXHIBIT A
0.7462 ACRE OF LAND
FOR WATERLINE EASEMENT PURPOSES
OUT OF
BLOCK ll, RANGE "I",
PORT ARTHUR LAND COMPANY SUBDIVISION,
CITY OF PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
BEING 0.7462 acre of land out of and a part of Lots 3 and 4, Block 11, Range "I", 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 12.202) acre tract of land
conveyed to LRG Legacy Senior Housing of Port Arthur, LP, recorded in File No.
2006043604; Official Public Records, Jefferson County. Texas; said 0.7462 acre tract
being more fully described by metes and bounds as follows, to wit:
COMMENCING at a 'h" steel rod found on the Northerly right of way line of a
dedicated road named Lake Arthur Drive; said '/~" steel rod being the Southwest corner of
Block 8, The Park at Lake Arthur, recorded in Volume 16, Page 276; Map Records,
Jefferson County, Texas; also being the most Easterly corner of the (Called 12.202) acre
tract:
THENCE, South 36 deg., 49 min.. 58 sec., West, on the Northerly right of way line of
said Lake Arthw~ Drive, same being the Southeasterly litre of the (Called 12.202) acre
tract, a distance of 146.61' to a point for corner being the POINT OF BEGINNING:
THENCE, South 36 deg.. 49 min., ~8 sec., West, continuing on the Northerly right of
way line of said Lake Arthur Drive, same being the Southeasterly line of the (Called
12.202) acre tract, a distance 15.06' to a point for corner; from which a %2" steel rod
found for point of curvature on the Northerly right of way line of said Lake Arthur Drive
bears South 36 deg.. 49 min.. ~8 sec.. West, a distance of 58.51';
THENCE, North 47 deg., 56 min., 32 sec., West, a distance of ] 1 I.80` to a point for
comer;
THENCE, South 42 deg., 03 min., 28 sec., West, a distance of 194.91' to a point for
comer;
THENCE, South 47 deg., 56 min., 32 sec., East, a distance of 35.45' to a point for
corner;
THENCE, South 42 deg., 03 min., 28 sec., West, a distance of 15.00' to a paint for
comer;
THENCE, North 47 deg., 56 min., 32 sec., West, a distance of 35.45' to a point for
corner;
THENCE, South 42 deg., 03 min., 28 sec., West, a distance of 49.47' to a point for
corner;
THENCE, North 66 deg., 38 min., 52 sec., West, a distance of 15.00' to a point for
comer;
THENCE, North 23 deg., 21 min., 08 sec., East, a distance of 10.13' to a point for
corner;
THENCE, North 66 deg., 38 min., 52 sec., West, a distance of 19.99' to a point for
corner:
THENCE. South 80 deg., 46 min.; 14 sec., West, a distance of 401.58' to a point for
comer;
THENCE, South 25 deg., 16 min., 45 sec.. West, a distance of 76.72' to a point for
corner:
THENCE, South 00 deg., 17 min.. 16 sec., West, a distance of 178.29' to a point for
corner;
THENCE, South 58 deg., 42 min.. 15 sec.. East, a distance of 1.75' to a point for comer;
THENCE, North 31 deg., 17 min., 45 sec., East, a distance of 13.00' to a point for
comer;
THENCE, South 58 deg., 42 min., 15 sec., East, a distance of 15.00' to a point for
corner;
THENCE, South 31 deg., 17 min., 45 sec., West, a distance of 13.00' to a point for
corner:
THENCE, South 58 deg., 42 min., 15 sec., East, a distance of 1.62' to a point for corner;
THENCE, South 89 deg., 23 min., 08 sec., East, a distance of 126.62' to a point for
comer:
THENCE, South 45 deg., 46 min., 55 sec., East, a distance of 8.79' to a point for comer;
THENCE, North 44 deg., 13 min., OS sec., East, a distance of 100.64' to a point for
corner:
THENCE, South 45 deg., 46 min., 55 sec., East, a distance of 15.00' to a point for
corner:
THENCE, South 44 deg., 13 min., OS sec., West, a distance of 100.64' to a point for
comer;
THENCE, South 45 deg., 46 min., 55 sec., East, a distance of 65.69' to a point for
corner:
THENCE, South 07 deg., 38 min., 11 sec., East, a distance of 143.35' to a point for
corner on the Northerly right of way line of said Lake Arthur Drive, same being the
Southerly line of the (Called 12.202) acre tract;
THENCE, on the Northerly right of way line of said Lake Arthur Drive, on the arc of a
curve to the right having a radius of 810.00', an arc length of 15.06', a chord beazing of
South 77 deg., 18 min., 38 sec., West, a chord distance of 15.06' to a point for corner
being the most Southerly Southwest corner of the herein described tract;
THENCE, North 07 deg., 38 min., 11 sec., West, a distance of 139.49' to a point for
comer:
THENCE. North 45 deg., 46 min.. 55 sec., West, a distance of 78.29' to a point for
comer;
THENCE, North 89 deg., 23 min., 08 sec., West. a distance of 40.90' to a point for
corner:
THENCE, South 00 deg., 36 min., 52 sec., West, a distance of 29.50' to a point for
corner:
THENCE, North 89 deg., 23 min., 08 sec., West, a distance of 15.00' to a point for
corner;
THENCE, North 00 deg., 36 min.. 52 sec., East, a distance of 29.50' to a point for
corner:
THENCE, North 89 deg.. 23 min., 08 sec., West, a distance of 68.83' to a point for
corner;
THENCE, North 58 deg., 42 min., 15 sec., West, a distance of 30.97' to a point for
corner:
THENCE, North 00 deg., 17 min., 16 sec.. East, a distance of 190.10' to a point for
comer:
THENCE, North 25 deg., 16 min., 45 sec., East, a distance of 87.93' to a point for
corner;
THENCE, North 80 deg., 46 min., 14 sec., East, a distance of 174.38' to a point for
comer:
THENCE, North 09 deg., 13 min., 46 sec., West, a distance of 24.99' to a point for
comer;
THENCE, North 80 deg.. 46 min., 14 sec., East, a distance of 15.00' to a point for
corner;
THENCE, South 09 deg., 13 min., 46 sec.. East, a distance of 24.99' to a point for
corner;
THENCE, North 80 deg., 46 min., 14 sec., East, a distance of 126.55' to a point for
corner;
THENCE, South 81 deg., 35 min., 14 sec., West, a distance of 114.6]' to a point for
corner;
THENCE, South 08 deg., 24 min., 46 sec., East, a distance of 26.03' to a point for
corner:
THENCE, South 81 deg., 35 min., 14 sec., West, a distance of 15.00' to a point for
corner:
THENCE, North 08 deg., 24 min., 46 sec., West, a distance of 41.03' to a point for
comer:
THENCE, North 81 deg., 35 min., 14 sec., East, a distance of 52.66' to a point for
corner;
THENCE, North 08 deg., 24 min., 46 sec., West, a distance of 33.10' to a point for
corner:
THENCE, North 81 deg., 35 min.. 14 sec., East, a distance of 15.00' to a point for
comer;
THENCE, South 08 deg., 24 min.. 46 sec., East, a distance of 33.10' to a point for
comer:
THENCE, North 81 deg., 35 min., 14 sec., East, a distance of 56.56' to a point for
corner:
THENCE, North 42 deg.. 03 min., 28 sec., East, a distance of 46.82' to a point for
corner;
THENCE, North 47 deg., 56 min., 32 sec., West, a distance of 23.47' to a point for
comer:
THENCE, North 42 deg.; 03 min., 28 sec.. East, a distance of 15.00` to a point for
corner;
THENCE, North 47 deg., 56 min., 32 sec., West, a distance of 23.47' to a point for
corner;
THENCE, North 42 deg., 03 min., 28 sec., East, a distance of 192.17' to a point for
corner;
THENCE, North 47 deg., 56 min., 32 sec., West, a distance of 9.97' to a point for
corner;
THENCE, North 66 deg., 38 min., 52 sec., West, a distance of 176.09' to a point for
comer;
THENCE, South 23 deg., 21 min., 08 sec.. West, a distance of 10.13' to a point for
corner:
THENCE, North 09 deg., 13 min., 46 sec., West, a distance of 18.39' to a point for
corner;
THENCE, North 80 deg., 46 min.. 14 sec., East, a distance of 15.00' to a point far
corner;
THENCE, South 09 deg., 13 min., 46 sec., East, a distance of 18.39' to a point for
comer;
THENCE, North 80 deg., 46 min., 14 sec., East, a distance of 82.92' to a point for
comer;
THENCE, South 66 deg., 38 min... 52 sec., East. a distance of 30.95' to a point for
corner:
THENCE, North 23 deg., 21 min., 08 sec., East, a distance of 19.20' to a point for
corner:
THENCE, South 66 deg.; 38 min., 52 sec., East, a distance of 15.00' to a point for
corner;
THENCE, North 23 deg., 21 min., 08 sec., East, a distance of 19.20' to a point for
comer:
THENCE, South 66 deg., 38 min.. 52 sec., East, a distance of 140.47' to a point for
comer:
THENCE, North 23 deg., 21 min., 08 sec., East, a distance of 23.48' to a point for
corner:
THENCE, South 66 deg., 38 min., 52 sec., East, a distance of 15.00' to a point far
corner:
THENCE, South 23 deg., 21 min.; 08 sec., West, a distance of 23.48' to a point for
comer:
THENCE, South 66 deg., 38 min., 52 sec., East, a distance of 16.51' to a point for
comer:
THENCE, South 47 deg., 56 min., 32 sec.. East, a distance of 104.81' to a point for
corner;
THENCE, North 42 deg., 03 min., 28 sec., East, a distance of 24.66' to a point for
comer;
THENCE, South 47 deg., 56 min., 32 sec., East, a distance of 15.00' to a point for
corner;
THENCE, South 42 deg., 03 min., 28 sec.. West, a distance of 24.66' to a point for
corner;
THENCE, South 47 deg., 56 min., 32 sec., East, a distance of 18.06' to the POINT OF
BEGINNING and containing 0.7462 acre of land for waterline easement purposes.
Note: All bearings, distances, and acreage are based on State Plane Coordinate Grid
System, Texas South-Central Zone, NAD 83. Scale Factor = 0.999918367
This description is based on the Land Survey made by Anthony M. Leger, Registered
Professional Land Surveyor No. 5481, on October l9. 2007.
LRG Legacy Senior Housing of Port Arthur, LP c/o Cih~ of Port Arthur
LS-07-1166
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