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Home My WebLink AboutPR 15230: SPORTS BAR (HWY. 365) UTILITY EASEMENTMEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROM: Kelly Eldridge, Director of Utility Operations ;(j /J / DATE: Apri127, 2009 7~ C~ RE: Proposed Resolution No. 15230 COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 15230 accepting a Ufility Easement from Tony & Stephanie Nguyen for the purpose of installing, maintaining, operating, and replacing water utilities through a portion of their property. Tony & Stephanie Nguyen are building a Sports Bar on FM 365 that requires the installation of a large water meter vault to provide service to this property. The TXDOT does not allow such installation within their right-of--way, so an easement is required. This easement is adjacent to the highway right-of--way on their property. BUDGET/FISCAL EFFECT None. STAFFING/EMPLOYEE EFFECT City staff will install this meter and appurtenances. SUMMARY I recommend that the City Council approve P.R. No. 15230 accepting a Water Utility Easement. P.R. No. 15230 I 04/27/09 RESOLUTION NO. A RESOLUTION ACCEPTING A WATER UTILITY EASEbLENT FR0~4 TONY AND STEPHANIE NGUYEN FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF WATER UTILITIES IN THE CITY OF PORT ARTHUR. WHEREAS, the City Council of the City of Port Arthur deems it appropriate to accept a water utility easement from Tony & Stephanie Nguyen for the construction, installation, laying, and maintenance of water utilities in the City of Port Arthur under, through, and across a portion of property owned by Tony & Stephanie Nguyen in connection with water utility services of the City of Port Arthur; NO W 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 Tony & Stephanie Nguyen 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 P.R. No. 15230 04/27/09 Page 2 Councilmembers: NOES: Deloris Prince Mayor ATTEST: Terri Hanks City Secretary- APPROVED AS TO FORM: Mazk Sokolov City Attorney APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons City Manager Kelly Eld>fidge ^~ Director of Utility Operations ACCEPTANCE OF EASEMENT These easements were accepted by the City of Port Arthur per Resolution No. approved by the City Council on WITNESS MY HAND this day of May, 2009. By: CITY OF PORT ARTHUR Stephen Fitzgibbons, City Manager ACKNOWLEDGMENT THE STATE OF TEXAS COUiVTY OF JEFFERSON BEFORE ME, the undersigned Notary Public, on this day personally appeazed Stephen Fitzgibbons, City Manager 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 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 May, 2009. NOTARY PUBLIC N P.ND FOR THE STATE OF TEXAS ATTACHMENT "A" WATER UTILITIES EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT, Tony & Stephanie Nguyen, 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 Municipal Corporation, (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: For Metes and Bounds Description, see Exhibit "A" attached hereto and incorporated by reference. For sketch, see Exhibit "B" attached hereto and incorporated by reference. Said Easement shall be exclusive and 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 of ingress to and egress from the above described tracts of land for the aforesaid purposes of this Easement, as to provide water to the adjoining properties. 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 tracts 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. By: Tony Nguyen By: Stephanie Nguyen APPROVED AS TO FORM: City Attorney EXHIBIT "A" (Provided by Soutex Surveyors) EXHIBIT "A" 0.0026 ACRE OF LAND FOR UTILITY" EASEMENT PURPOSES OUT OF BLOCK 13, RANGE "L", PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS BEING 0.0026 acre of land for utility easement purposes out of and a part of Lot 5, Block 13, Range "L", Port Arthur Land Company Subdivision, recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas; being part of a (Called 3.344) acre tract of land conveyed to Tony & Stephanie Nguyen, recorded in File No. 2008021528, Official Public Records, Jefferson County, Texas; said 0.0026 acre tract being more fully described by metes and bounds as follows, to wit: BEGINNING at a %" steel rod, capped and marked "SOUTEX", found for the Northwest corner of the (Called 3.344) acre tract on the South right of way line of a dedicated road named FM Highway 365; said''/z" steel rod being the Northwest corner of the herein described tract; THENCE, North 41 deg., 35 min., 36 sec., East, on the South right of way line of said FM Highway 365; same being the North line of the (Called 3.344) acre tract, a distance of 10.37' to a point for comer being the Northeast corner of the herein described tract; THENCE, South 33 deg., 00 min., 19 sec.; East, a distance of 12.76' to a point for corner being the Southeast corner of the herein described tract; THENCE, South 56 deg., 59 min.; 41 sec., West, a distance of 10.00' to a point for corner on the East line of the (Called 3.344) acre tract; from which a'h" steel rod, capped and marked "SOUTEX", found for the Southwest comer of the (Called 3.344) acre tract bears South 33 deg., 00 min., 19 sec., East, a distance of 1003.67'; said point for corner being the Southwest corner of the herein described tract; THENCE North 33 deg., 00 min., 19 sec., West, on the West line of the (Called 3.344) acre tract, a distance of 10.00' to the POINT OF BEGINNING and containing 0.0026 acre of land, more or less. Note: This description is based on a prior survey made by Soutex Surveyors, Inc., dated June 10, 2008, and does not represent a current field survey. Plat of even date is to accompany this description. Anthony M. Leger, Registered Professional Land Surveyor No. 5481, April 9, 2009. City of Port Arthur, Tony & Stephanie Nguyen LS-08-0567E EXHIBIT "B" (Provided by Soutex Surveyors) CLIENT: TONY NGUYEN / CITY OF PORT ARTHUR s // ?p2~ 0 // n / v / eP / U / a~ ~P 0.0028 ACRE OF LAND ~ ~ PART OF LOT 5 BLK. 13, RG. 1." o' P.A.L.CO. SUH~D ~ / JEFFERSON COUNTY. TEXAS /_ 1scu1R R.o w. uN[ d~ \ \ I FOUND t/2' S1EEi PDO CAPPED "SOUTEX' I F St05>ANE ~ig,~,e, I I f.~ }PNPO1N• Gj y ¢ pOF ~~. I Z0~ f 0 I I m I ^i o I = W ~J VZ I ~ ,A Zp V O I VC I ay3xo y ~zFw< ~ lz I oG0 ¢ory ~ ~a s 5659'91•S I `~~'od 100p. pap n o3 mat `~ W NNZ ~ ^n 0 3 ¢Fw p ~ m of mJ q _N O y~ p 7 O O ~ Fla /A ~] 2 Ol0 N 41_35'36" E 286.48' N ar35'3fi' E tD.3T POINT OF BEGINNING rGUNC I/z' sTEEt RDD CAPPED -SOUTEA FM HW1' 365 ( IzD' RD. w. ) LEGEND = POINT EGR CONNER p*S Rbllox or SEIM1yC6: Ex RIB T 'B" UTILITY EA SEU ENT SVAVSYOR'S C£RNICe^IOX' TTe underzigced does hereb~ ceYlfy Ibet thlz survey was tbta day mode of the p: operty lege-y 4/3 /J9 described hereon m2 u ca ec[. eatl that ¢aid property Eaa ecces¢ la and from a tledimted odaey. slated The above tract being located at R GF'WAY 355 FORT AR WUR TEXAS and Ceing describeL a A R AN PART K_ 1 R P. A. orded in Volume 1_. Page 22 of the MAP Records o/ JEFFEP.SGN nGountT. Texas. In accordance .stn me Flood c[nsurence Rete Map of the Federal Emergency Management Agency, may reference shown, the subject tract lies in the flood notes. Location a map w s determined by scale. Actual field elevation not tletermined, unless requested $OUTEX $URVEYDRS, Inc. does no[ w ant n subscribe to the a acy aR scale of said map. TTis s s certified foi this Lrensection oNy: it is no. transferable rto additional mstitutionz or subsequent owaers.~ 1 .METES & 60UND5 TO ACCOIAP aNY ~ ~ suRVEr oP EvEN oarE 1 THONY M. LEGNR REGISTERED PROFESSIONAL LAND SliRVEYOR N0. 5481 ENCROACHl1ENT ?TOTES: FEMA Flood Zone: AH Community Panel NO.: t65 ceg-0025-E Panel Date: ^/1-/84 Project No. 08-055Tr EXHIUIT "B' PLAT PREPARED FRGM PRE`4OU$ SURVEY 3Y $OUTEX SURVEYORS / NOT A CURRENT FlELD SURVEY O vE~ 3737 Do=m.: Da.e ( ANTHONY M Poa P.rt~n.. ieae: it 642 \ 5481 Te1.409.983.2004 f~?o~ 9 ~~f SS' Fa:-909.983.2005 N~ sn,.e::nrv-eyorsxbm $UF