HomeMy WebLinkAboutPR 15124: MARGIE FERGUSON - PURCHASE AGREEMENTP. R. No. 15124
04/14/09 is
RESOLUTION NO.
A RESOLUTION APPROVING A PURCHASE AGREEMENT
WITH MARGIE FERGUSON FOR AN EASEMENT
WHEREAS, it is deemed in the best interests of the public to
approve a Purchase Agreement with Margie Ferguson as described in
Exhibit "A", attached hereto.
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 the City Manager is herein authorized to
execute the Purchase Agreement with Margie Ferguson in
substantially the same form as attached hereto as Exhibit "A" and
to purchase the property for $ 9000 and to take such action as to
facilitate the extension of Bell Street and the drainage
improvements.
Section 3. That the City Attorney is herein authorized to
sign the applicable closing documents as to facilitate the
purchase.
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
z.pr15124
the City of Port Arthur, by the following vote: AYES:
Mayor
Councilmembers
NOES:
MAYOR
ATTEST:
ITY SECRETARY
APPROVED AS TO FORM:
1 '~' 1 S~L''f
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
APPROVED AS TO TAE AVAILABILITY OF FUNDS:
ASSISTANT CITY MANAGER/DIRECTOR OF FINANCE
l- /oZo~ ~.~/. ~ ~ ~v
z.pr 15124
EXHIBIT "A" TO THE RESOLUTION
PIIRCHASE AGREEMENT
WHSREAS, Margie R. Ferguson owns marketable fee title
to the property as described in Exhibit "A"; and
WHEREAS, the City of Port Arthur desires to obtain an
easement for drainage purposes.
NOW THEREFORE, the City of Port Arthur and Margie R.
Ferguson herein agree as follows:
1) Margie R. Ferguson will sell an easement in the
tracts as described in Exhibit "A" to the City of Port
Arthur, for $9,000, with said purchase to be completed by
June 1, 2009.
2) Within ninety (90) days of receipt of the receipt
of the easements, the City of Port Arthur plans to utilize
said property only for drainage in an open ditch to be
constructed, with a bottom width of five (5) feet, side
slopes not to exceed 1:1, and varying depth not to exceed
five (5) feet in depth.
3) The excavated dirt will remain on the adjacent
property of Margie R. Ferguson in a location and at a grade
to be specified by her at that time. The City of Port
Arthur will have temporary access to her adjacent property
for working room. Nevertheless, the adjacent property will
be left in good condition following the City's work with
the ruts filled in and the surface leveled.
z.fecguson~urchse agreement
4) The City of Port Arthur will extend Bell Street
subject to the terms of the agreement with Jerry Joseph
Norris as described in Exhibit "B"
5) The parties will utilize Texas Regional Title for
the closing, and the City will pay for all closing costs,
except for liens, if any, which will be paid by Margie R.
Ferguson.
SIGNED AND AGREED TO this the day of
2009.
MARGIE R. FERGIISON
SIGNED AND AGREED TO this the day of
2009.
CITY OF PORT ARTHIIR
BY:
z.ferguson~urchse agreement
«d„ 1191 HX3
ARCENEAUX
GATES
ARCENEAUX & GATES
Consulting Engineers, Inc.
Engineers • Surveyors • Planners
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION OF
A 35 FEET WIDE DRAINAGE EASEMENT
OUT OF LOTS I AND 2, BLOCK 28
PORT ACRES ADDITION, PORT ARTHUR
JEFFERSON COUNTY, TEXAS
Being a 35 feet wide tract or parcel of land for Drainage Easement purposes, a portion of that
certain tract of land (ca[led Tract No. Three) as conveyed by deed dated March 28, 2005 from
Curtis Ferguson to Margie Ferguson, recorded in Clerk's File No. 2005012470 of the Official
Public Records of Real Property, County Clerk's Office, Jefferson County, Texas, also being out
of Lots 1 and 2, Block 28 of the Port Acres Addition as recorded in Volume 4, Pages 42 - 47 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 concrete monument with disk marked Jefferson
County Drainage District No. 7 found located on the South line of Lot 5, Block 27 and North line
of Block 28 mazking the Northeast corner of Lot 7, Block 28 and Northwest corner of Lot 1,
Block 28, this point also mazks the Northwest comer of said Ferguson tract and the Northeast
comer of a called 5.497 acre tract now owned by Jefferson County Drainage District No. 7, said
point of commencing having a coordinate value of North 13,907,509.34 and East 3,536,03].54;
THENCE South 03 deg. 24 min. 54 sec. East (South-Plat} along the common line of Lots 1 and
7 with the West line of said Ferguson tract a distance of 439.36 feet to a point marking the lower
Northwest corner and POINT OF BEGINNING of the herein described tract of land, this point
having a coordinate value of North 13,907,070.76 and East 3,536,057.71;
THENCE North 86 deg. 35 min. 12 sec. East along the lower North line of this tract, passing at
a distance of 435.60 feet the common line of Lots 1 and 2 and continuing for a total distance of
488.37 feet to a point marking an "Ell" comer of the herein described tract of land, this point
having a coordinate value of North 13,907,099.84 and East 3,536,545.21;
THENCE North 03 deg. 31 min. 28 sec. West along the upper West line of this tract a distance
of 167.43 feet to a point mazking the upper Northwest comer of the herein described tract of
land, this point having a coordinate value of North 13,907,266.95 and East 3,536,534.91;
THENCE North 86 deg. 32 min. 26 sec. East along the upper North line of this tract a distance
of 35.00 feet to a point located on the East line of said Ferguson tract marking the Northeast
comer of the herein described tract of land, this point also being located on the projection of the
North Right of Way line of Bell Street, a 60 feet wide Public Dedicated Right of Way per Replat
recorded in Volume 13, Page 69 and per Subdivision Plat for the Bell Addition as recorded in
Page 1 of 3
Z UkGUtO SURVEYINONQ:TES k BOUNC5~10091CPA~+dO.dac
•nonv ve An rnv •nnnne v.v
Ana T..+la bmL C...,... ?501 Tn6. M1ml. fl. 5..:+. I01 0...+ A.+6v. TY Tlcd9
EXHIBIT "A"
Volume 8, Page 99 in the Map or Plat Records of said County, same point also mazks the
Southwest corner of that certain tract of land out of Lot 2 as conveyed by deed to Guy Wayne
Romine, et ux, recorded in Film Code File No. 104-99-0171 of the Real Property Records and
the Northwest comer of that certain tract of land out of Lot 2 as conveyed by deed to Jerry
Joseph Norris, recorded in Clerk's File No. 2003049208 of said Official Public Records, this
point having a coordinate value of North 13,907,269.06 and East 3,536,569.85;
THENCE South 03 deg. 31 min. 28 sec. East (South-Plat) along the common line of said
Ferguson and Noms tracts with the East line of this tract, passing at a distance of 60 feet the
projection of the South Right of Way line of Bell Street and continuing for a total distance of
202.46 feet to a point located on the South line of Lot 2 and NoRh line of Lot 5 marking the
Southwest corner of said Norris tract, the Southeast comer of said Ferguson tract and the
Southeast comer of the herein described tract of land, this point having a coordinate value of
NoRh 13,907,066.99 and East 3,536,582.31;
THENCE South 86 deg. 35 min. 12 sec. West (West-Plat) along the common line of Lots 2 and
5 and South line of this tract, passing at a distance of 87.83 feet the common lot line of Lots 1
and 2 with Lots 5 and 6 and continuing for a total distance of 523.43 feet to a point located on
the East line of Lot 7 and said Drainage District No. 7 property marking the Northwest comer of
Lot 6, the Southwest comer of Lot 1 and said Ferguson tract and the Southwest comer of the
herein described tract of land, this point having a coordinate value of North 13,907,035.82 and
East 3,536,059.79;
THENCE North 03 deg. 24 min. 54 sec. West (North-Plat) along the East line of Lot 7 and the
West line of Lot 1 and said Ferguson tract with the lower West line of this tract a distance of
35.00 feet to the lower Northwest comer and POINT OF BEGINNING and containing in azea
24,182 square feet or 0.555 acres of land, more or less.
Surveyed: Mazch, 2009
(Bob) Ho/d~es R' .L.S. #4583
Notes: -
Bearings, distances and coordinates referenced to the Texas State Plane Coordinate System.
South Central Zone, NAD 83.
Grid Scale Factor = 0.999911524. Acreage expressed in Surface Area.
An Exhibit of even date is being submitted with and being made a part of this metes and bounds
description.
Page 2 of 3 zumLi sc 3vzvenxe~MEresn BDUN0.SUWN[YA asa.auc
EXHIBIT "A"
0 ,~'0p OD
SCALE IN FEET
~~® a ~~
LOT 5 LOT 4
THOAIAS E. SUMLIN JR. AND BECKY L. 6 MLIN
TRACT SC, LOT 4, TRACT 5-C 9 S0, LOT 5, LOCK 27
FC#104.82-0352
R.P.R.J.C. -ry. 1
FND. CONC. MON. W/DISK (FAST-PLAT) r )-fir E. 3,
MKD. JEFFERSON COUNTY N 86'31'36' E 522.57
DRAINAGE DISTRICT N0. 7 435.60'
pOC CURTIS FERGUSON
TO
MARGIE FERGUSON
0312BI2005
N g n LOT 1 AND W- 1 ACRE OF LOT 2, BLOCK
a
D. a CF#200507247 N 66'3726'
O.P.R.J.C.
a o w M 35.C
<
~ N l3 907 266_9
° LOT 1
1
r ~ ' E. 3,536,534.9
w ~
7 '
~ c PROPOSED 35
N ~ ON N DRAINAGE EASEMENT
° '~
w
LOT 7 N 03'24'54' W
0,
i
13 907 070.76
N 35.00'
ry 86°35'12' Ea80.37'
~ .
E. 3,536.057 71 POB ;::0555 ~RG
ft
E
13 907 035 82
N }
34T62 $
-
~
°
~ .
E- 3,536,059.79 .
_ . _,.
S 86'35'12' W 52343'
._._......
z
-o
- (WEST-PLAT)
7
o n
°'rw ~
LOT6
z
O ~ U a ~j
O BOBY LAURENTZ FONTENOT
=
a -; W. 392' LOT 6, BLOCK 2B
~ u m a ~ CF#2000023926
f ND. 1 1 /2"
Etl r
97 86.92'
f6 1 1/2° 672.10'
.
3T.tz'- (er.12'-~ I.PIPE
PLAT) PLAT)xx GUY WAYNE ROMINE, etux
w~ g W ~RACT 2-A & 6-B, LOT 2, BLOCK 28
"~ n m -
~ FC#104-99-Ot71
.
O 8 ~ R.P.R.J.C.
3J<n^a NI 139
w
Z
W
Q
'' NO^~ D6pICATEp ROW ENDS ~
s \B_ELL STR~.ET .~eR DACE s9
`VOI. 13, PAGE 69 M.R.J.C.
JERRY JOSEPH NORRIS
~ "' /I FND. CF#2003049208
$p1 X1/2" O.P.R.J.C.
n i S.R.
LOT 5
V-JAMES H. BLANCO
W. 12 ACR£ LOT 5, AND E. t/2
ACRE LOT 6, BLOCK 28
LL O ~' `n ° O.P.R.J.C. ®~. r~
h O J
amp
NOTES: `~
COORDINATES, BEARINGS AND DISTANCES
REFERENCED TO THE TEXAS STATE PLFNE
COORDINATE SYSTEi1, SOUTH CEMRAL ZONE,
NAD 83.
GRID SCALE FACTOR=0.999911524
ACREAGE EXPRESSED IN SURFACE AREA.
LEGEND:
~ =FOUND CORNER AS SHOWN
O =POINT FOR CORNER
ARCBNBAUX
k
GATES
AFtCSNBAIJX & GATES
r ~~~• yadneee+. fao.
~~ p,~a~an Run.~n
°°°~ n"u
ai io
~
i
~
.+
n
..
:.mw
m~imn~mn~ Goal +u-xeee
~~
EXHIBIT SHOWING PAGE
PROPOSED 35' DRAINAGE EASEMENT
OUT OF LOTS 1 & 2, BLOCK 28
PORT ACRES ADDITION OF
PORT ARTHUR, JEFFERSON COUNTY, TEXAS
CITY OF PORT ARTHUR
444 4TH STREET PORT ARTHUR, TEXAS 77642
DATE: APRIL 1, 2009 SCALE: 1"=200' DRAWN: TMR
PROD. Na.: CPA-950 VER.: AutoCAD 2009 CHECKED: JRH