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Home My WebLink AboutPR 15167: PA69, LP - SANITARY SEWER UTILITY LINEinteroffice MEMORANDUM To: Mayor, City Council, and City Manager From: Mark T. Sokolow, City Attorney l.,~ Date: March 31, 2009 Subject: P. R. No. 15167; Council Meeting April 7, 2009 Attached is P. R. No. 15167 as it pertains to a sanitary sewer utility line being installed by PA69, LP. MTS:ts Attachment cc: VIA FACSIMILE (281) 444-2350 Kerry R. LaGrone LSI 13810 Champion Forest Drive, Ste. 145 Houston, TX 77069 Director of Public Works Director of Utility Operations z.pr1A6~ memo P. R. No. 15167 03/26/09 is RESOLUTION NO. A RESOLUTION AS IT PERTAINS TO A SANITARY SEWER UTILITY LINE BEING INSTALLED BY PA69, LP WHEREAS, the City Council approved a Reciprocal Easement Agreement, as delineated in Exhibit "A"; and WHEREAS, PA69, LP desires to install an 8" sanitary sewer line on the location, as delineated in Exhibit "B", as to serve development in the area, which includes Cheddar's Restaurant; and WHEREAS, once the 8" sanitary sewer line is completed, it will be dedicated to the City, with a one (1) year warranty from the contractor. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That PA69 is herein approved as to install an 8" sanitary sewer line on the location, as delineated in Exhibit "B", by July 1, 2009, as to serve development in the area, which will be dedicated to the City upon substantial completion, with a one (1) year warranty, and of which the City can utilize as needed for other development in the area. Section 3. That PA69, LP shall sign this Resolution agreeing to the terms hereof. z.pr15167 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, CITY SECRETARY APPROVED AS TO FORM: `~~~ ~~~ CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER z.pr1516'/ AGREED TO: PA69, LP BY: ~"-' rry LaGrone, President z.pn5169 EXHIBIT "A" Illllllllllllllllllllllllllllllllllllilllllllllilllllllillll Eas 2008018127 7 PGS CORRECTION RECIPROCAL EASEMENT AGREEMENT ~ ~U5(UO r STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON ~ THAT PA69, L.P. and the City of Port Arthur, for and in consideration of the sum of TEN AND NO/100 ($10) DOLLARS cash and other consideration, 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 these presents do grant, bargain, sell and convey unto each other a Reciprocal Easement in, under, and across the tract of land situated in Jefferson County, Texas, described in Exhibit "A" Said Easement shall be for the purpose of constructing, installing, laying, and maintaining line or lines for utility purposes and it is granted subject to these provisions: I It is expressly understood and agreed that the parties shall have the right of ingress to and egress from the above described tract of land for the aforesaid purposes of this Easement. II. It is expressly understood and agreed that the parties 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. z.pa6911p_reciprocaleasement2 IIS. The parties agree to coordinate the actual locations of the utilities as to enable the maximum best use of said land for future permanent improvements, which includes but is not limited to commercial structures. TO HAVE AND TO HOLD the same unto the City of Port Arthur, Texas, and unto PA69, L.P., its successors and assigns forever. This Correction Reciprocal Easement Agreement is made to correct that one certain Reciprocal Easement Agreement recorded in Jefferson County Clerk Real Property Record under Clerk's File No. 20050411971 insofar as the second page of Exhibit "A" was not attached when the original document was recorded. z. pa6911p_recipro caleasemen[2 WITNESS MY HAND, this u1 C day of ~~'_r ~~ A.D., 2008. CZTY OF PORT ARTHUR APPROVED AS TO FORM: Mark T. Sokolow City Attorney Mark T. Sokolow, City Attorney ACKNOWLEDGMENT STATE OF TEXAS ~ COUNTY OF JEFFERSON S BEFORE ME, the undersigned authority, on this day personally appeared Mark T. Sokolow, City Attorney of the City of Port Arthur, 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 of the City of Port Arthur. -G~IyV~EAN UNDER MY HAND AND SEAL OF OFFICE on this the I((f day of y Q-(~{/` 2008. ,pW" TONYA BUMYERLM . IWTApYPUBUC 6TAlE O~ TE7fAf ~'ecf 11Y C011N, F~61I,72.2M1 otary Pub 'c, in and for the State of Texas z_pa6911p_recipro cal ease ment2 WITNESS MY HAND, this O~~ day of ~~~ A.D., 2008. PA69, L.P. ~i BY: _ ~~ ~_._. Ke ry LaGrone, President Kerry LaGrone, LLC ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Kerry LaGrone, President of Kerry LaGrone, LLC, General Partner of PA 69, L.P., 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 of PA 69, L.P. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ~ ~ day of __~~ 2008. ~~~CCC"~~~~ , Notary P lic, in and for the State of Texas RETURN TO: CITY OF PORT ARTHUR ATTN: Mark Sokolow City Attorney P. O. Box 1089 Port P.rthur, TX 77641-1089 TO1nA BUNMER~ MOTARYPU~(, ~~ +~tdOH z.pa6911p rec iprocaleasement2 EXHIBIT "A" TRACT III Being a 41.890 acre tract or parcel of land, all of that certain tract of land (called 3.022 acres) as conveyed by deed dated August 21, 2003 from Sabine Neches, Inc. to Mark L. Hayes; recorded in Clerk's File No. 2003034538 of the Official Public Records of Real Property, County Clerk's Office, Jefferson County, Texas also being a portion of that certain tract of land (called Tract 1 - 125.984 acres) as conveyed by deed dated November 30, 1995 from the Resolution Trust Corporation to SLTN NLF, LTD. Partnership, recorded in Clerk's File INTO. 95-9537634 of said Official Public Records, also being out of Lots 3, 4, 5 and 6, Block 12, Range "J" of the Port Arthur Land Company Subdivision as recorded in Volume 1, Page 22 of the Map or Plat Records of said County as situated in and a part of the T. & N.O.RR. Survey, Section No. 11, Abstract No. 243 and the T. & N.O.RR. Survey, Section No. 13, Abstract No. 2-41 of said County and being more particularly described by metes and bounds as follows: FOR LOCATIVE PURPOSES, commence at a concrete monument with aluminum disk found located at the intersection of the common Block Line of Block 1 I and Block 12 with the common Range Line of Range "J" and Range "K" of said Port Arthur Land Company Subdivision marking the Southwest corner of said Lot 4, Block 12 and an angle point for corner on a segment of the West line of said 125.984 acre tract, this point also marks the Southeast comer of that certain tract of land as conveyed by deed to Williams & Rao, recorded in Clerk's File No. 2000041708 of said Official Public Records, same point also marks the Northeast corner of that certain tract of land (called 60.014 acres) as conveyed by deed to Jefferson County Drainage District No. 7, recorded in Clerk's File No. 2000048168 of said Official Public Records; THENCE North 48 deg. 47 min. 00 sec. West (reference bearing) (North 48 deg. 55 min. 42 sec. West -deed) along the Westerly line of said 125.984 acre tract with the Westerly line of said Range "J" and Lot 4 Block 12 and the Easterly Line of said 150.192 acre tract and Lot 1, Block 12, Range "K" a distance of 440.36 feet to a 1/2" steel rod with cap marked Arceneaux & Gates set located on the Northerly line of Jimmy Johnson Boulevard, a 100 feet wide Right of Way as conveyed by deed recorded in Clerk's File No. 2003030758 (SUN NLF LTD. Partnership) and Clerk's File No. 2003029592 (Williams & Rao) of said Official Public Records, this point marks the most Westerly Southwest comer and PLACE OF BEGINNING of the herein described tract of land; THENCE North 48 deg. 47 min 00 sec. West (North 48 deg. 55 min. 42 sec. West - deed) continuing along the Westerly line of said 125.984 acre tract and this tract with the C:\Dacumenis and SctlingsMarks\Incal Settings\TCmporary Intesua Fites\ComenLlES\HOSOHI VEWS ~LSI-OSO - Tn~ «resterly line of said Range "J" and Lot 4, Block 12 and East line of Range "K", passing at a distance of 880 feet more or less, the common westerly comer of Lots 4 and S, Block 12 and continuing for a total distance of 1596.60 feet to a ]/2" steel rod found marking the Southwest comer of that certain tract of land (called 16.352 acres) as conveyed by deed dated November 29, 2000 from said SUN NLF LTD. Partnership to Allen Samuels Realty, Inc., recorded in Clerk's File No. 2000 044 8 1 8 of said Official Public Records, this point also marks the Northwest comer of the herein described tract of land; THENCE North 41 deg. 21 min. I S sec. East (North 41 deg. 12 min. SS sec. East - 1185.88 feet - 16.352 acre tract deed) along the South line of said 16.352 acre tract with the North line of this tract a distance of 1185.91 feet to a S/8" steel rod with cap marked Mark Whiteley #3636 found located on the Westerly line of U.S. Highway No. 69, 96 and 287 (Right of Way width varies) marking the Southeast comer of said 16.352 acre tract and the Northeast comer of the herein described tract of land; THENCE South 48 deg. 28 min. 44 sec. East (South 48 deg. 41 min. 22 sec. East -deed) along the said Westerly Right of Way line with the upper East line of said 125.984 acre, tract and this tract a distance of 118.30 feet to a 60 d nail found (set 1/2" steel rod with cap marked Arceneaux & Gates) marking an angle point for comer; THENCE South 42 deg. 48 min. 56 sec. East (South 43 deg. 00 min. 52 sec. East 301.70 fee[ -deed) continuing along said Westerly Right of Way line with the East line of said 125.984 acre tract and this tract a distance of 301.71 feet to a 5/8" steel rod found marking an angle point for comer; THENCE South 48 deg. 33 min. S2 sec. East (South 48 deg. 41 min. S3 sec. East - 600.01 feet, South 48 deg. 39 min. 22 sec. East - 302.02 feet, South 48 deg. 40 min. 3S sec. East - 45.48 feet -deed) continuing along said Westerly Right of Way line with the East line of said 125.984 acre tract and this tract a distance of 947.56 feet to a S/8" steel rod found marking the upper Southeast comer of said 125.984 acre tract and the upper Southeast comer of the herein described tract of land, this point also marks the Northeast comer of that certain tract of land (called 0.902 acres) as conveyed by deed to Park Commercial Investments LTD., recorded in Film Code File No. 103-85-0225 of the Real Property Records of said County; THENCE South 41 deg. 24 min. 38 sec. West (South 41 deg. 10 min. OS sec. West - deed) departing said Westerly Right of Way line along the upper South line of said 125.984 acre tract and this tract with the North line of said 0.902 acre tract a distance of 364.47 feet to a 1/2" steel rod found (bent) marking the Northwest comer of said 0.902 acre tract, the I~TOrtheast comer of said 3.022 acre tract and an "ELL" corner of the herein described tract of land C \Do<umems and SmmgaMUkslLocal Scuings\Tevgwnry Imemn Piles\ComantlES\BOSOHI VEdS ~LSI-080 - Tn~ THENCE South 48 deg. 23 min. 31 sec. East (South 48 deg: 39 min. 45 sec. East - 328.93 -deed) along the West line of said 0.902 acre tract and the East of said 3.022 acre tract with the lower East line of this tract a distance of 328.50 feet to a I/2" steel rod found marking the Southwest comer of said 0.902 acre tract, the Southeast comer of said 3.022 acre tract and the lower Southeast comer of the herein described tract of land. this point also being located on the Northerly line of that certain 0.836 acre tract of ]and (proposed future Jimmy Johnson Boulevard Right of Way) as conveyed by deed to said Mark L. Hayes, recorded in Clerk's File No. 2001008474 of said Official Public Records; THENCE South 41 deg. 32 min. 00 sec. West (South 41 deg. 14 min. 00 sec. West - 400.58 feet -deed) along the Northerly line of said 0.836 acre tract and the South line of said 3.022 acre tract with the most Southerly line of this tract a distance of 400.43 feet to a 1/2" steel rod found marking the Northwest comer of said 0.836 acre tract, the Southwest comer of said 3.022 acre tract and the lower Southwest comer of the herein described tract of land, this point also being located on a segment of the Easterly line of said 0.905 acre portion of Jimmy Johnson Boulevard as previously mentioned recorded in Clerk's File No. 2003030758; THENCE North 48 deg. 34 min. 37 sec. West along the said East line of Jimmy Johnson Boulevard a distance of 10.00 feet to a 1/2" steel rod found marking the Northeast corner of said 0.905 portion of Jimmy Johnson Boulevard, this point also being located on an interior line of said 125.984 acre tract and West line of said 3.022 acre tract marking an angle point for corner of the herein described tract of land; THENCE along said Northerly Right of Way line of Jimmy Johnson Boulevard with the South line of this tract and a curve to the Right having a radius of 950.00 feet, a central angle of 23 deg. 52 min. 27 sec. (23 deg. 52 min. 09 sec. -deed) an arc distance of 395.85 feet (395.77 feet - deed) a chord distance of 392.99 feet (392.91 feet -deed) and a chord bearing of South 54 deg. 02 min. 26 sec. West (South 54 deg. 03 min. 38 sec. West - deed) to the most Westerly Southwest comer and PLACE OF BEGINNING and containing in area 824,721 square feet or 41.890 acres of land, more or less. FILED AND RECORDED OFFICIRL PUBLIC RECORDS ~~ ~ 2008 May 21 01:45 PM 2008018127 LOVE $40.00 CRROLYN L. GUIDRY COUNTY CLERK JEFFERSON COUNTY TEXRS C:Nocumcnts a~M SxuingsMarkslL«al Scuings\TCmporary Imanel Filcs\ConicnclEABOSOH I V6105 -LSI-080 - Trai EXHIBIT "B" ARCENEAUR GATES ARCENEAUX & GATES Consulting Engineers, Inc. Engineers • Surveyors • Planners METES AND BOUNDS DESCRIPTION FORA 15 FEET WIDE SANITARY SEWER EASEMENT OUT OF LOT 5, BLOCK 12, RANGE "J" PORT ARTHUR LAND COMPANY SUBDIVISION PORT ARTHUR, JEFFERSON COUNTY, TEXAS Being a 15 feet wide tract or parcel of land for Sanitary Sewer Easement purposes, a portion of that certain tract of land (called 4.0 acres) as conveyed by deed dated November 29, 2005 from P.A. 69, L.P. to the City of Port Arthur, Texas, recorded in Clerk's File No. 2005041970 of the Official Public Records of Real Property, County Clerk's Office, Jefferson County, Texas, also being out of Lot 5, Block 12, Range "J" of the Port Arthur Land Company Subdivision as recorded in Volume 1, Page 22 of the Map or Plat Records of said County and being more particularly described by metes and bounds as follows; FOR LOCATIVE PURPOSES, commence at a %z" steel rod found marking the Northwest comer of said 4.0 acre tract of land, this point also being located on the West line of Lot 5, Block 12, Range "J" and East line of Lot 8, Block 12, Range "K" of said Port Arthur Land Company Subdivision; THENCE South 48 deg. 47 min. 00 sec. East (reference bearing) along the common line of said Range "J" and "K" with the West line of said 4.0 acre tract a distance of 353.52 feet to a point mazking the Northwest corner and POINT OF BEGINNING of the herein described tract of land, this point also being located on a segment of the Easterly line of Medical Center Boulevazd, a 100 feet wide Public Dedicated Right of Way as recorded in Clerk's File No. 2003029592 of said Official Public Records; THENCE North 41 deg. 13 min. 00 sec. East along the North line of this tract a distance of 269.85 feet to a point located on the East line of said 4.0 acre tract marking the Northeast comer of the herein described tract of land, this point also being located on the ~'/est line of Tract 3 of the Replat titled Tracts 1, 2 and 3, a 6.645 acre Replat out of Lots 5 and 6, Block 12, Range "J" Port Arthur Land Company Subdivision as recorded in Clerk's File No. 2008040510 of said Official Public Records; THF,NCE South 48 deg. 47 min. 00 sec. East along the West line of said Tract 3 and East line of said 4.0 acre tract with the East line of this tract a distance of 15.00 feet to a point mazking the Southeast comer of the herein described tract of land; THENCE South 41 deg. 13 min. 00 sec, West along the South line of this tract a distance of 269.85 feet to a point located on the West line of said 4.0 acre tract and Range "J" and the Easterly line of said Medical Center Boulevard and Range "K" marking the Southwest comer of the herein described tract of land; Page 1 of 3 2:U6G4&G SURVEYINGV.¢TE$ d BDUNDS~r00SLLSI~3)0-B.da< .+__ a._.~_ r___,. e_.. ___ ncni a.~i_ .~___~. n_ e..:._ ino o__. n~i.._ n ~.,~.~ .nn...n. coon ~.., . ............... THENCE North 48 deg. 47 min. 00 sec. West along the common line of Range "J" and Range "K" with the said Easterly Right of Way line and West line of said 4.0 acre tract and this tract a distance of 15.00 feet to the Northwest comer and POINT OF BEGINNING and containing in area 4,048 squaze feet or 0.093 acres of land, more or less. Surveyed: March, 2009 Jo . (Bob) Hodges R.P .S. #4583 ~3~/y Notes: Bearings referenced to the common line of Range "J" and Range "K" -South 48 deg. 47 min. 00 sec. East Plat -Port Arthur Land Company Subdivision and Deed -City of Port Arthur 4.0 acre tract. Clerk's File No. 2005041970 O.P.R.J.C. An Exhibit of even date is being submitted with and being made a part of this metes and bounds description. Page 2 of 3 Z U&GU&G SU0.~EYIN0.~18TFS k HOUNDS]1009VS].i]O~H.Ex RAO, L.P. ~ \+ANANT OF 92 ACS. 11708 O.P.R.J.C. 40' R.O.W: AOANDONED 8Y COMMI STONERS COURT VOL. 45 C. 461 O.R.J.C. ~„N E ~ _I \~I~i~ - S 'l ~ S o 0 ml SCALE IN FEEF I LL Q I ~ ~ 20' UTIL. ESM' c PROPOSED 16' CF~200303076 O.P.R.J.C. z ITARY SEWER ES T. 4,048 SO. FT. pp ~ 0.093 ACRES LL U O a Q' J ~ H N a z 5 ~ o w u~ O r Q nw J r p N U NNQ ° N o W M M w 2 0 w ~ a =a r N U ARCENEAUX k GATES e o]aanc Dome c ,v] .xrwa ms 48°47'00"' 15A W a Z oa W ~o J ~ orn Q MJ QN W ~ U on o° 0 Q '- N a W ARCENEAUIC & GATES cac.nltlw Sndnse]s, lac. mpn« ems..°n~. n.m.., ]501 Tutll• O•a Driv, Sill lOx P°xl Mlw. T.°•• n6fx ALLEN SAMUELS REALTY, INC. 16.352 ACRES FND. 1/2• S.R. 2000044818 O.P.R.J.C. w/CAP MRKD. ARCENFAU% & GATES ~ ~ \ v ~ \ I \ w ° ~ `P`~b~pyeo 9 I \ \\ \ ~w~ `°~0 `°° e~a \ 99 J ~ ~ o ~ / I ~ I \ \ \ c z ~ `dap 'o y \ ~ ~ a PA69, L.P. '~C \ \ \ ~ ,~ TO I \ ~~ RAKHIRI, L.L.C. I ~ I \ \ \ ~ ~ D5/21/2006 I I \ w r 3.056 ACRES \ \ 3 CF#2008018128 P.A.69, L.P. \ \ TO CITK OF PORT ARTHUR, TEX~S\ II N (CALLED 4.0 ACRES) 11/29/2005 \ 50' TEXAS PIPELIN CORP. E6M'i. CF#2005041970 \ VOL 698 PC. 347 O.R.J.C. 11 T CTS 1,2&3 \\ 6. R 1 4 I N 41 °1°13/'00" E/276~9~.85~~- S B° 500 CF#26(I 05 0 80 00" ~ O P fZ J C ' \ //X//LLL/LCLi l1l// S 41°13'00" W 2 69 85' 1 ~ J PROPOSED 30'J \ ~ ~T ~ \ i MUTUAL ACCESS ESMT, 127 9 T. I 8,09 SC]. FT. 0.186 ACRES ~ 2.93& C `S \ I I ~ - } ~ \ \ I I I ~ ' o o ~ \ ' TEPPCO ESMT. I ---30 30 CIPCO ESMT. Cf~20000D1372 O.P.R.J.C. m 0 (FORMERLY CHICO OF TEAS CORP.) VGL 1197 I D R J CI 20' UTIL ESMT. . . CF~2003030760 O.P.RJ.C. RESIDUE OF I (E%IST. SAN. SEW. IN ESM'T.) PA69, L.P. I I 38.87 ACRES 06/22/2005 I I C # 2005024904 O.P.R.J.C. S'141°13'00" W 269.85' III ~ EXHIBIT SHOWING A PROPOSED 15' SANITARY SEWER EASEMENT PACE 3 OUT OF LOT 5, BLOCK 12, RANGE "J" IN THE PORT ARTHUR LAND COMPANY SUBDIVISION of VOL. 1, PAGE 22 M.R.J.C . r] } DATE: MARCH 31, 2009 SCALE: 1"=100' DRAWN: TMR PROJ. No.: 151-230 VER.: AutoCAO 2009 CHECKED: JRH