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HomeMy WebLinkAboutPR 12191:EASEMENT (WATER LINE) MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Steve Fitzgibbons, City Manager FROM: Daniel Shepherd, Director of Utility Operations DATE: May 5, 2003 RE: Proposed Resolution No. 12191 COMMENTS RECOMMENDATION: I recommend that the City Council approve Proposed Resolution No. 12191 accepting an Easement from The Greens on Turtle Creek, LTD for the placement of a water line through a portion of property owned by The Greens on Turtle Creek, LTD BACKGROUND: The Greens of Turtle Creek, LTD. has constructed an apartment complex at Turtle Creek. The complex includes an 8-inch water line, which xvas necessary for adequate fire protection and completed in accordance ~vith City and State standards. This easement is necessary for the City to accept the line and provide service. BUDGET 'FISCAL EFFECT: None. STAFFING/EMPLOYEE EFFECT: None. SUMMARY: I recommend that the City Council accept this water line easement. aw P.R. No. 12191 05-05-03 DS/aw RESOLUTION NO. A RESOLUTION AUTHORiZING THE ACCEPTANCE OF AN EASEMENT FROM THE GREENS ON TURTLE CREEK. LTD FOR A TOTAL 0.434 ACRES TRACT OR PARCEL OF LAND FOR EASEMENT PURPOSES SITUATED IN AND A PART OF THAT CERTAIN 6.125 ACRE PARCEL OF LAND JEFFERSON COUNTY. TEXAS. SAID TRACT ALSO BEING A PART OF RESERVE "E" OF THE FAIRWAY ESTATES ADDITION AS RECORDED IN VOLUME 14. PAGE 178 AND 179 OF THE MAP RECORDS OF SAID COUNTY. THE PURPOSE OF THE EASEMENT IS FOR A WATER L1NE IN THE CITY OF PORT ARTHUR. TEXAS. WHEREAS. the City Council of the City of Port Arthur accepts a water line easement from The Greens on Turtle Creek. LTD for construction, installation, laytng and maintenance of a water main ~vater line in the City of Port Arthur under, through, and across a portion of The Greens on Turtle Creek, LTD land. in connection with the water services of the City of Port Arthur; and, WHEREAS, the City has received an engineers Certificate of Completion (Exhibit A) from Arceneaux and Gates Consulting Engieneers, Inc.; and, WHEREAS, the City has received the Quitclaim Deed (Exhibit B) from Kilday Realty Corporation General Partners on behalf of The Greens on Turtle Creek Ltd. for the water facilities constructed on this easement; and, 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 attthorized and P.R. No. 12191 05-05-03 DS/aw Page 2 tnstructed to execute and accept a water line easement from The Greens on Turtle Creek. LTD for the purpose of constructing, installing, laying and maintaining a water transmission line ih substantially the same form as described in Exhibit C, attached and made a part hereof: and, THAT, the City is hereby authorized to execute a Certificate of Acceptance (Exhibit D) for the waterline facilities for The Greens on Turtle Creek; 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 · 2003, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor. Council members NOES: ATTEST: Mayor City Secretary P.R. No. 12191 05-05-03 DS/aw Page 3 APPROVED: Steve Fitzgibbons. City Manager APPROVED AS TO FORM: Mark Sokolow, City Attorney APPROVED FOR ADMINISTRATION: ~--~aniel Shepherd, Di~-e~or of U~lity Operations EXHIBIT A ENGINEER'S CERTIFICATE OF COMPLETION Project: Date Of Issuance: PUBLIC WATERLINE To Serve THE GREENS ON TURTLE CREEK APARTMENTS May 1, 2003 Owner's Project No.: Engineer: Contractor: KILDAY REALTY CORPORATION GENERAL PARTNERS On Behalf of THE GREENS ON TURTLE CREEK LTD. G I-KRC-020 [Consauction Phase 01-KRC-021], Contract No. 1 ARCENEAUX & GATES CONSULTING ENGINEERS, INC. TELLEPSEN BUILDERS, L.P. This Engineer's Certificate of Completion applies to the following: All eight-inch and six-inch potable waterline facilities, including fire hydrants, valves, fittings and all related appurtenances that will be dedicated for public use. TO KILDAY REALTY CORPORATION GENERAL PARTNERS On Behalf of THE GREENS ON TURTLE CREEK.LTD. [OWNER] AND TO TELLEPSENBUILDERS, L.P. [CONTRACTOR] The Work to which this Certificate applies has been inspected by author/zed representatives of Owner, Contractor and Engineer, and that Work is hereby declared to be complete m accordance with the Contract Documents on May 1, 2003 DATE OF COMPLETION Executed by Enaineer on ~'~t:~.~f I ,20fl~ ARC~-I~ ~I'~ZCOI~'SGL1/I'NG ~..~ERS, INC. 1 / ] C:~'RO JE CT S'.ka'c021 .CERTCOMP.doc EXHIBIT B QUITCLAIM DEED STATE OF TEXAS COUNTY OF JEFFERSON IG\'OW ALL NfEN BY THESE PRESENTS: THAT I, R:R. Kilday, Vice President of Kilday Realty Corporation General Partners of Harris County, Texas, acting on behalf of The Greens on Turtle Creek LTD of Harris County, Texas, for and in consideration of the sum of one dollar in hand paid by the grantee hereinafter named, the receipt of which is hereby acknowledged, do by these presents grant, convey, release and forever QUITCLAk'M unto the CITY OF PORT ARTI-rUR, a municipal corporation, of Jefferson County, Texas, ali that certain property situated in the County of Jefferson, State of Texas, described as follows, to-wit: All eight-inch and sLx-inch potable waterline facilities, including fire hydrants, valves, fittings and all related appurtenances, constructed and installed within an existing dedicated public right-of-way or dedicated water utility easement, and located within or adjacent to that tract or parcel of land which is a part of 6.125 acre parcel of land as conveyed by deed to The Greens On Turtle Creek, LTD., recorded in Clerks Irile No. 2001036152 of the Official Public Records of Real Property of Jefferson County, Texas; said tract also being a part of Reserve "E' of the Fairway Estates Addition as recorded in Volume 14, Page 178 and 179 of the map records OF SAID COUNTY. TO HAVE ANT) TO HOLD the said premises, together with all ri~ts, hereditaments and appurtenances thereto belonging, unto the said grantee above named, its successors and assigns forever, so that neither the undersigued, nor any person or persons claiming under the undersigned, shall at any time hereafter have or claim any right, title or interest in or to said property, orany part thereof. EXECUTED this day of ,2003. Kilday Real~ Corporation General Partners for The Greens on Turtle Creek LTD By: R.R. Kilday' Vice President STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersig-ned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein set forth. GWEN UNDER MY HAND AND SEAL OF OFFICE, this A.D., 2003. day of Notary Public in and for the State of Texas EXHIBIT C EASEMENT THE STATE OF TEXAS, COUNTY OF JEFFERSON KNOW ALL MEN BY TI-I~SE PRESI~NTS: THAT I, R.R. Kilday, Vice President of Kilday Realty Corporation General Partners of Harris County, on behalf of The Greens on Turtle Creek LTD of Harris County Texas, hereinafter called GRANTOR (S), for and in consideration of the sum ofTEN AND NO/100 ($10) DOLLARS cash to us in hand paid by the City of Port Arthur, Texas, a Municipal Corporation. (hereinat~er 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 convey and by these presents do grant, bargain, sell and convey unto the said City of Port Arthur. Texas. a right, privilege and Easement in, under, and across the following described tract of land situated in Jefferson County, Texas, to-wit: BEING A 0.434 ACRE TRACT OR PARCEL OF LAND FOR EASEMENT PURPOSES SITUATED IN AND A PART OF THAT CERTAIN 6.125 ACRE PARCEL OF LAND AS CONVEYED BY DEED TO THE GREENS ON TURTLE CREEK, LTD., RECORDED IN CLERKS F1LE NO. 2001036152 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF JEFFERSON COUNTY, TEXAS; SAID TRACT ALSO BEING A PART OF RESERVE "E" OF THE FAIRWAY ESTATES ADDITION AS RECORDED IN VOLUME 14, PAGE 178 AND 179 OF THE MAP RECORDS OF SAID COUNTY AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS WITH A DRAWING, MARKED EXHIBIT "A", ATTACHED HERETO, AND MADE A PART HEREOF. EASEMENT PAGE2 Said Easement shall be for the purpose of constructing, installing, laying, maintaining, and repairing a line or lines for Water Utility Purposes and it is granted subject to these provisiohs: I It is expressly understood and agreed that the City 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 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 (S) this ~/~'~,day of //Q/~/7///7 ' AXX')003' R.R. Kild~y, Vice mreside~ Kilday Realty Corporatirlfi,~'ox.q[eral Partners 5005 Riverway, Suite 230 Houston, Texas 77056 EASEMENT PAGE 3 STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared · · , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowled~'ed to me that he executed the same for the purposes and consideration therein set forth. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ~,on~-~ day of A.D., 2003. Notary Public in atqd for the State of Texas APPROVED AS TO FORM: City Attorney GRANTEE: CITY OF PORT ARTHUR P. O. BOX 1089 PORT ARTHUR TEXAS 77640 EXHIBIT A ARCENEAUX & GATES Consulting Engineers, Inc. Engineers o Surveyors · Planners METES AND BOUNDS DESCRIPTION OF A 15' WATER UTILITY EASEMENT .434 ACRES OF LAND, SITUATED IN RESERVE "E", FAIRWAY ESTATES PORT ARTHUR, JEFFERSON, COUNTY, TEXAS Being a 0.434 acm tract or parcel of land for easement purposes situated in and a part of that certain 6.125 acre parcel of land as conveyed by deed to The Greens On Turtle Creek, LTD., recorded in Clerks File No. 2001036152 of the Official Public Records of Real Property of Jefferson County, Texas; said tract also being a part of Reserve "E" of the Fairway Estates Addition as recorded in Volume 14, Page 178 and 179 of the map records of said County and being more particularly described by metes and bounds as follows; For locative purposes, commence at a V2" steel rod found located on the Southerly Right-of-Way line of Turtle Creek Drive, a 120 feet wide public dedicated Right-of-Way, marking the Northeast comer of that certain 1.269 acre tract of land as conveyed to Joe C. Vernon, recorded in Film Code No. 103-11-0910 of said Real Property Records, and the North~vest comer of said 6.125 acre tract; Thence North 40 deg. 53 min. 36 sec. East along said Southerly Right-of-Way line with the North line of said 6.125 acre tract a distance of 185.33 feet to a point marking the Northwest comer and PLACE OF BEGINNING of the herein described tract of land; Thence South 49 deg. 06 min. 24 sec. East departing said Southerly Right-of-Way line a distance of 12.00 feet to a point for comer of the herein described tract of land; Thence South 40 deg. 53 min. 36 sec. West a distance of 3.00 feet to a point for comer of the herein described tract of land; Thence South 49 deg. 06 min. 24 sec. East a distance of 10.00 feet to a point for comer of the herein described tract of land; Thence North 40 deg. 53 min. 36 sec. East a distance of 3.00 feet to a point for comer of the herein described tract of land; Thence South 49 deg. 06 min. 24 sec. East a distance of 57.96 feet to a point marking the Southwest comer of the herein described tract of land; 1/5 One Turtle Creek Square 3501 Turtle Creek Drive, Suite 102 Port Arthur, Texas 77642 (409) 724-7888 FAX (409) 724-1447 Thence South 40 deg. 53 min. 36 sec. West a distance of 61.62 feet to a pmnt for comer of the herein described tract of land; Thence South 49 deg. 06 min. 24 sec. East a distance of 57.46 feet to a point for comer of the herein described tract of land; Thence North 40 deg. 53 min. 36 sec. East a distance of 15,00 feet to a potm for comer of the herein described tract of land; Thence North 49 deg. 06 min. 24 sec, West a distance of 42 ~46 feet to a pmnt for comer of the herein described tract of land; Thence North 40 deg. 53 min. 36 sec. East a distance of 180.83 feet to a point for comer of the herein described tract of land; Thence South 49 deg. 06 min. 24 sec. East a distance of 33.36 feet to a potnt for comer of the herein described tract of land; Thence North 40 deg. 53 min. 36 sec. East a distance of 15.00 feet to a point for comer of the herein described tract of land; Thence North 49 deg. 06 min. 24 sec. West a distance of 33.36 feet to a point for comer of the herein described tract of land; Thence North 40 deg. 53 min. 36 sec. East a distance of 45.62 feet to a pmnt for comer of the herein described tract of land; Thence North 86 deg 41 min. 14 sec. East a distance of 20.38 feet to a point for comer of the herein described tract of land; Thence North 40 deg. 53 min. 36 sec. East a distance of 106.51 feet to a point for comer of the herein described tract of land; Thence North 49 deg. 06 min. 24 sec. West a distance of 34.38 feet to a point for comer of the herein described tract of land; Thence North 03 deg. 17 min. 12 sec. West a distance of 10.96 feet to a point for comer of the herein described tract of land; Thence North 40 deg. 53 min. 36 sec. East a distance of 68.40 feet to a point for comer of the herein described tract of land; Thence North 86 deg. 41 min. 14 sec. East a distance of 6.78 feet to a potnt for comer of the herein described tract of land; Thence South 49 deg. 06 min. 24 sec. East a distance of 49.43 feet to a point for comer of the herein described tract of land; 2/5 Thence North 40 deg. 53 min. 36 sec. East a distance of 287.40 feet to a point for comer of the herein described tract of land; Thence North 04 deg. 06 min. 24 sec. West a distance of 7.27 feet to a point for comer of the herein described tract of land; Thence North 40 deg. 53 min. 36 sec. East a distance of 79.85 feet to a point for comer of the herein described tract of land; Thence South 49 deg. 06 min. 24 sec. East a distance of 56.40 feet to a point for comer of the herein described tract of land; Thence North 40 deg. 53 min. 36 sec. East a distance of 15.00 feet to a point marking the Southeast comer of the herein described tract of land; Thence North 49 deg. 06 min. 24 sec. West a distance of 71.40 feet to a point for comer of the herein described tract of land; Thence South 40 deg. 53 min. 36 sec. West a distance of 69.35 feet to a point for comer of the herein described tract of land; Thence North 49 deg. 06 min. 24 see. West a distance of 83.56 feet to a point for comer of the herein described tract of land: Thence North 40 deg. 53 min. 36 sec. East a distance of 10.53 feet to a point for comer of the herein described tract of land; Thence North 49 deg. 06 min. 24 sec. West a distance of 10.00 feet to a point for comer of the herein described tract of land; Thence South 40 deg. 53 min. 36 sec. West a distance of 10.53 feet to a point for comer of the herein described tract of land; Thence North 49 deg. 06 min. 24 sec. West a distance of 8.14 feet to a point located on said Southerly Right-of-Way line of Turtle Creek Drive marking the Northeast comer of the herein described tract of land; Thence South 40 deg. 53 min. 36 sec. West along said Southerly Right-of-Way line, a distance of 15.00 feet to a point for comer of the herein described tract of land; Thence South 49 deg. 06 min. 24 sec. East departing said Southerly Right-of-Way line a distance of 101.70 feet to a point for comer of the herein described tract of land; Thence South 40 deg. 53 min. 36 sec. West a distance of 16.71 feet to a point for comer of the herein described tract of land; Thence South 04 deg. 06 min. 24 sec. East a distance of 7.27 feet to a point for comer of the herein described tract of land; 3/5 Thence South 40 deg. 53 min. 36 sec. West a distance of 266.19 feet to a point for comer of the herein described tract of land; Thence North 49 deg. 06 min. 24 sec. West a distance of 40.52 feet to a pmnt for comer of the herein described tract of land; Thence South 86 deg. 41 min. 14 sec. West a distance of 19.21 feet to a'point for come[ of the herein described tract of land; Thence South 40 deg. 53 min. 36 sec. West a distance of 80.82 feet to a point for comer of the herein described tract of land; Thence SOuth 03 deg. 17 min. 12 sec. East a distance of 23.39 feet to a point for comer of the herein described tract of land; Thence South 49 deg. 06 min. 24 sec. East a distance of 25.72 feet to a point for comer of the herein described tract of land; Thence South 40 deg. 53 min. 36 sec. West a distance of 85.17 feet to a point for comer of the herein described tract of land; Thence South 86 deg. 41 min. 14 sec. West a distance of 20.38 feet to a point for comer of the herein described tract of land; Thence South 40 deg. 53 min. 36 sec. West a distance of 186.17 feet to a point for comer of the herein described tract of land; Thence North 49 deg. 06 min. 24 sec. West a distance of 79.96 feet to a point for comer located on said Southerly Right-of-Way line of Turtle Creek Drive; Thence South 40 deg. 53 min. 36 sec. West, along said Southerly Right-of-Way line, for a distance of 15.00 feet to the Northwest comer and point of beginning and containing an area of ls8u, Olw0e;:~:ar~iilth~i~.C 4334 acres,~ Job No.: LS03-026 Note: Plat accompames Metes and Bounds descriptions Bearings referenced to the Southerly Right-of-Way line of Turtle Creek Drive - North 40 deg. 53 min. 36 sec. East - Deed. 4/5 0 100 2OO SCALE IN FEET o~ FND. OAKMONT~D~ 60' LOT ¢ LINE TABLE NN ¢O'53'$6' E ' L36 Is 40'53'3~6' W 16.71' L~7 i $ 04'06'~¢" E I 7.27' FND,m i L7 ,,< ~ 18.908 SQ.FT. 0.434 AC. I. BEARINGS REFERENCEB TO THE S~OUTHERLY ROW LINE OF TURTLE CREEK BRIVE ARCENEAUX & GATES Consulting En~eers, Inc. SKETCH OF 15' WIDE WATER UTILITY EASEMENT 0.434 AC. SITUATED iN RESERVE "E,, FAIRWAY ESTATES PORT ARTHUR, JEFFERSON COUNTY, TEXAS 5/5 EASEMENT THE STATE OF TEXAS, COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS: THAT I, R.R. Kilday, Vice President of Kilday Realty Corporation General Partners of Harris County, on behalf of The Greens on Turtle Creek LTD of Harris County Texas, hereinafter called GRANTOR (S), for and in consideration of the sum ofTEN AND NO/100 ($10) DOLLARS cash 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 convey and by these presents do grant, bargain, sell and convey unto the said City of Port Arthur, Texas, a right, privilege and Easement in, under, and across the following described tract of land situated in Jefferson County, Texas, to-wit: BEING A 0.434 ACRE TRACT OR PARCEL OF LAND FOR EASEMENT PURPOSES SITUATED IN AND A PART OF THAT CERTAIN 6.125 ACRE PARCEL OF LAND AS CONVEYED BY DEED TO THE GREENS ON TURTLE CREEK. LTD., RECORDED IN CLERKS FILE NO. 2001036152 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF JEFFERSON COUNTY. TEXAS; SAID TRACT ALSO BEING APART OF RESERVE "E" OF THE FAIRWAY ESTATES ADDITION AS RECORDED IN VOLUME 14, PAGE 178 AND 179 OF THE MAP RECORDS OF SAID COUNTY AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS WITH A DRAWlNG. MARKED EXHIBIT "A", ATTACHED HERETO, AND MADE A PART HEREOF EASEMENT PAGE 2 Said Easement shall be for the purpose of constructing, installing, laying, maintaining, and repairing a line or lines for Water Utility Purposes and it is granted subject to these provisions: I It is expressly understood and agreed that the City 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 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 (S) this ~?~'~Sday of //~/ , A.D., 2003. 5005 Riverway, Suite 230 Houston, Texas 77056 EASEMENT PAGE3 STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared t~' /~' known to me to be the person whose name is subscribed to the foregoing instrument, and acknowl~Elged to me that he executed the same for the purposes and consideration therein set forth. GIVEN UNDER MY HAND AND SEAL OF OFFICE, tiffs'q ' "'/G/~wv~ .&D., 2003. day of~ ,,~?.~',,,~ CINDY PATTERSON My Commission Expires ~', ~,~,,,, June 20, 2005 ,r Publio/Jn and for the State of Texas Notary APPROVED AS TO FORM: City Attorney GRANTEE: CITY OF PORT ARTHUR P. O. BOX 1089 PORT ARTHUR TEXAS 77640 ~ ARCENEAUX EXHIBIT A ARCENEAUX & GATES Consulting Engineers, Inc. Engineers · Surveyors · Planners METES AND BOUNDS DESCRIPTION OF A 15' WATER UTILITY EASEMENT .434 ACRES OF LAND, SITUATED IN RESERVE "E", FAIRWAY ESTATES PORT ARTHUR, JEFFERSON, COUNTY, TEXAS Being a 0.434 acre tract or parcel of land for easement purposes situated in and a part of that certain 6.125 acre parcel of land as conveyed by deed to The Greens On Turtle Creek, LTD., recorded in Clerks File No. 2001036152 of the Official Public Records of Real Property of Jefferson County, Texas; said tract also being a part of Reserve "E" of the Fairway Estates Addition as recorded in Volume 14, Page 178 and 179 of the map records of said County and being more particularly described by metes and bounds as follows; For locative purposes, commence at a V2" steel rod found located on the Southerly Right-of-Way line of Turtle Creek Drive, a 120 feet wide public dedicated Rio~at-of-Way, marking the Northeast comer of that certain 1.269 acre tract of land as conveyed to Joe C. Vernon, recorded in Film Code No. 103-11-0910 of said Real Property Records, and the Northwest comer of said 6.125 acre tract; Thence North 40 deg. 53 min. 36 sec. East along said Southerly Right-of-Way line with the North line of said 6.125 acre tract a distance of 185.33 feet to a point marking the Northwest comer and PLACE OF BEGINNING of the herein described tract of land; Thence South 49 deg. 06 min. 24 sec. East departing said Southerly R/ght-of-Way line a distance of 12.00 feet to a point for comer of the herein described tract of land; Thence South 40 deg. 53 min. 36 sec. West a distance of 3.00 feet to a point for comer of the herein described tract of land; Thence South 49 deg. 06 min. 24 sec. East a distance of 10.00 feet to a point for comer of the herein described tract of land; Thence North 40 deg. 53 min. 36 sec. East a distance of 3.00 feet to a point for comer of the herein described tract of land; Thence South 49 deg. 06 min. 24 sec. East a distance of 57.96 feet to a point marking the Southwest comer of the herein described tract of land; 1/5 One Turtle Creek Square 3501 Turtle Creek Drive Suite 102 Port Arthur Texas 77842 {409 724-7888 FAX (409) 724-1447 Thence South 40 deg. 53 min. 36 sec. West a distance of 61.62 feet to a point for comer of the herein described tract of land; Thence South 49 deg. 06 min. 24 sec. East a distance of 57.46 feet to a point for comer of the herein described tract of land; Thence North 40 deg. 53 min. 36 sec. East a distance of 15.00 feet to a point for comer of the herein described tract of land; Thence North 49 deg. 06 min. 24 sec. West a distance of 42.46 feet to a point for comer of the herein described tract of land; Thence North 40 deg. 53 min. 36 sec. East a distance of 180.83 feet to a point for comer of the herein described tract of land; Thence South 49 deg. 06 min. 24 sec. East a distance of 33.36 feet to a point for comer of the herein described tract of land; Thence North 40 deg. 53 min. 36 sec, East a distance of 15.00 feet to a point for comer of the herein described tract of land; Thence North 49 deg. 06 min. 24 sec. West a distance of 33.36 feet to a point for comer of the herein described tract of land; Thence North 40 deg. 53 min. 36 sec. East a distance of 45.62 feet tO a point for comer of the herein described tract of land; Thence North 86 deg. 41 min. 14 sec. East a distance of 20.38 feet to a point for comer of the herein described tract of land; Thence North 40 deg. 53 min. 36 sec. East a distance of 106.51 feet to a point for comer of the herein described tract of land; Thence North 49 deg. 06 min. 24 sec. West a distance of 34.38 feet to a point for comer of the herein described tract of land; Thence North 03 deg. 17 min. 12 sec. West a distance of 10.96 feet to a point for comer of the herein described tract of land; Thence North 40 deg. 53 min. 36 sec. East a distance of 68.40 feet to a point for comer of the herein described tract of land; Thence North 86 deg. 41 min. 14 sec. East a distance of 6.78 feet to a point for comer of the herein described tract of land; Thence South 49 deg. 06 min. 24 sec. East a distance of 49.43 feet to a point for comer of the herein described tract of land; 2/5 · Thence North 40 deg. 53 min. 36 sec. East a distance of 287.40 feet to a point for comer of the herein described tract of land; Thence North 04 deg. 06 min. 24 sec. West a distance of 7.27 feet to a point for comer of the herein described tract of land; Thence North 40 deg. 53 min. 36 sec. East a distance of 79.85 feet to a point for comer of the herein described tract of land; Thence South 49 deg. 06 min. 24 sec. East a distance of 56.40 feet to a point for comer of the herein described tract of land; Thence North 40 deg. 53 min. 36 sec. East a distance of 15.00 feet to a point marking the Southeast comer of the herein described tract of land; Thence North 49 deg. 06 min. 24 sec. West a distance of 71.40 feet to a point for comer of the herein described tract of land; Thence South 40 deg. 53 min. 36 sec. West a distance of 69.35 feet to a point for comer of the herein described tract of land; Thence North 49 deg. 06 min. 24 sec. West a distance of 83.56 feet to a point for comer of the herein described tract of land; Thence North 40 deg. 53 min. 36 sec. East a distance of 10.53 feet to a point for comer of the herein described tract of land; Thence North 49 deg. 06 min. 24 sec. West a distance of 10.00 feet to a point for comer of the herein described tract of land; Thence South 40 deg. 53 min, 36 sec. West a distance of 10.53 feet to a point for comer of the herein described tract of land; Thence North 49 deg. 06 min. 24 sec. West a distance of 8.14 feet to a point located on said Southerly Right-of-Way line of Turtle Creek Drive marking the Northeast comer of the herein described tract of land; Thence South 40 deg 53 min. 36 sec. West along said Southerly Right-of-Way line. a distance of 15.00 feet to a point for comer of the herein described tract of land; Thence South 49 deg. 06 min. 24 sec. East departing said Southerly Right-of-Way line a distance of 101.70 feet to a point for comer of the herein described tract of land; Thence South 40 deg. 53 min. 36 sec. West a distance of 16.71 feet to a point for comer of the herein described tract of land: Thence South 04 deg. 06 min. 24 sec. East a distance of 7.27 feet to a point for comer of the herein described tract of land; 3/5 Thence South 40 deg. 53 min. 36 sec. West a distance of 266.19 feet to a pmnt for comer of the herein described tract of land; Thence North 49 deg. 06 min. 24 sec. West a distance of 40.52 feet to a point for comer of the herein described tract of land; Thence South 86 deg. 41 min. 14 sec. West a distance of 19.21 feet to a point for comer'of the herein described tract of land; Thence South 40 deg. 53 min. 36 sec. West a distance of 80.82 feet to a point for comer of the herein described tract of land; Thence South 03 deg. 17 min. 12 sec. East a distance of 23.39 feet to a point for comer of the herein described tract of land; Thence South 49 deg. 06 min. 24 sec. East a distance of 25.72 feet to a point for comer of the herein described tract of land; Thence South 40 deg. 53 min. 36 sec. West a distance of 85.17 feet to a point for comer of the herein described tract of land; Thence South 86 deg. 41 min. 14 sec. West a distance of 20.38 feet to a point for comer of the herein described tract of land; Thence South 40 deg. 53 min. 36 sec. West a distance of 186.17 feet to a point for comer of the herein described tract of land; Thence North 49 deg. 06 min. 24 sec. West a distance of 79.96 feet to a point for comer located on said Southerly Right-of-Way line of Turtle Creek Drive; Thence South 40 deg. 53 min. 36 sec. West, along said Southerly Right-of-Way line, for a distance of 15.00 feet to the Northwest comer and point of beginning and containing an area of 18,908 square feet or 0.434 acres Surveyed: March, 2003 Job No.: LS03-026 Note: Brady J. Gir~ Plat accompanies Metes and Bounds descriptions Bearings referenced to the Southerly Right-of-Way line of Turtle Creek Drive - North 40 deg. 53 min. 36 sec. East - Deed. 4/5 SCALE IN FEET od.D P.O.B_ LOT 4 E-Of- 5 LOT 3 0 LINE TABLE BEARINGS REFERENCED TO THE SOUTHERLY ROW LINE OF TURTLE CREEK DRIVE N~O°55'3~"E DEED. ES & BOUNDS DESCRIRTION ACCOMPANIES PLAT. ARCENEAUX & GATES Consu/ti~ Engineers, Luc. SKETCH OF 15' WIDE WATER UTILITY EASEMENT 0.434 AC. SITUATED IN RESERVE "E", FAIRWAY ESTATES PORT ARTHUR, JEFFERSON COUNTY, TEXAS 515 EXHIBIT D T£ OF A~£PTAN~£ FOR Waterline Facilities at The Greens on Turtle Creek IH <ITY OF PORT ARTHUR TO: The Greens on Turtle Creek Gentlemen: This is to certify that the City of Port Arthur. Texas, accepts the water facilities at the Greens on Tutrtle Creek on the basis of the engineers Certificate of Completion and the Quitclaim Deed from R. R. Kilday on behalf of The Greens on Turtle Creek. Steve Fitzgibbons City Manager ATTEST: Evangeline Green. City Secretary