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HomeMy WebLinkAboutPR 15394: PA HOUSING AUTHORITY - WATER UTILITIES EASEMENTMEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROM: Kelly Eldridge, Director of Utility Operations lV Y~~a~ DATE: July 21, 2009 RE: Proposed Resolution No. 15394 COMMENTS RECOMMENDATION I recommend that the Ciry Council approve Proposed Resolution No. 15394 accepting a Water Utilities Easement from the Housing Authority of the City of Port Arthur for the purpose of installing, maintaining, operating, and replacing water utilities through a portion of their property. BACKGROUND The Gulf Breeze I Apartments development at Gulfway Dr. and Williams Ave. requires the installation of public water utilities for fire protection and service meters. These public water utilities will require dedication of this easement. The Housing Authority of the City of Port Arthur is the property owner. BUDGET/FISCAL EFFECT None. STAFFINGBMPLOYEE EFFECT The property owner has contracted for the installation of these utilities. SUMMARY I recommend that the City Council approve P.R. No. 15394 accepting a Water Utilities Easement from the Housing Authority of the City of Port Arthur for the purpose of installing, maintaining, operating, and replacing water utilities through a portion of their property. P.R No. 15394 07/21/09 RESOLUTION NO. A RESOLUTION ACCEPTING A WATER UTILITIES EASEMENT FROM THE HOUSING AUTHORITY OF THE CITY OF PORT ARTHUR 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 utilities easement from the Housing Authority of the City of Port Arthur 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 water utility services of the City of Port Arthur; 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 authorized and instructed to execute and accept a utility easement from Housing Authority of the City of Port Arthur 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 of 2009, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following P.R. No. 15394 07/21/09 Page 2 vote: AYES: Mayor Councilmembers: NOES: Deloris Prince Mayor ATTEST: Terri Hanks City Secretary APPROVED AS TO FORM: ~~ Mazk Sokolow ~ ~ ~ENAL.-~ ~~~ City Attorney APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons City Manager elly El •idge ` Director of Utility Operations ATTACHMENT "A" WATER UTILITIES EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT the Housing Authority of the City of Port Arthur, hereinafter called "Grantor(s)", for and in consideration of the sum of TEN AND N0/100 ($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: See Exhibit "A" 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 2009. By: APPROVED AS TO FORM: A.D., City Attorney ACKNOWLEGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared of the Housing Authority 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 on behalf of the Housing Authority of the City of Port Arthur. 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 ACCEPTANCE OF EASEMENT This easement was accepted by the City of Port Arthur per Resolution No. approved by the City Council on WITNESS MY HAND this _ 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 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 ,2009. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS EXHIBIT "A" TO ATTACHMENT "A" (PROVIDED BY ARCENEAUX & GATES) ARCENEAUR GATES ARCENEAUX & GATES Consulting Engineers, Inc. Engineers • Surveyors • Planners EXHIBIT "A" METES AND BOUNDS DESCRIPTION OF A 0.462 ACRE WATERLINE EASEMENT OUT OF LOT 7, BLOCK 3, RANGE "F", PORT ARTHUR LAND COMPANY SUBDIVISION, PORT ARTHUR, JEFFERSON COUNTY, TEXAS Being a 0.462 acre tract or pazcel of land for waterline easement purposes out of Lot 7, Block 3, Range "F" of the Port Arthur Land Company Subdivision as recorded in Volume 1, Page 22 of the Map or Plat Records, County Clerk's Office, Jefferson County, Texas, also being a portion of that certain tract of land (called 9.079 acres - 9.008 acres by survey) as conveyed by deed dated Apri124, 1989 to the Housing Authority of the City of Port Arthur, recorded in Film Code File No. 102-71-0566 of the Real Property Records of said County and by deed dated June 15, 1951, recorded in Volume 873, Page 153 of the Deed Records of said County and being more particularly described by metes and bounds as follows; FOR LOCATIVE PURPOSES, commence at a %" steel rod with cap marked Arceneaux & Gates found located on the South Easterly line of State Highway No. 87 (a.k.a. Gulfway Drive) mazking the Northeast corner of said Housing Authority tract of land, this point having a coordinate value of North 13,918,424.07; and East 3,581,080.23; (I) THENCE along said Southeasterly Right of Way line of Gulfway Drive and Northerly line of said Housing Authority tract and a curve to the left having a rndius of 2815.00 feet, a central angle of 00 deg. 34 min. 33 sec., an arc distance of 28.24 feet, a chord distance of 28.29 feet and a chord bearing of South 25 deg. 20 min. 37 sec. West to a point marking the Northeast corner and POINT OF BEGINNING of the herein described tract of land, this point having a coordinate value of North 13,918,398.50 and East 3,581,068.12; THENCE the following courses and distances to angle points for comers: (2) South 53 deg. 38 min. 49 sec. East - 18.65 feet; (3) South 22 deg. 09 min. Ol sec. West - 82.87 feet; (4) South 31 deg. 44 min. 59 sec. East - 149.45 feeE; (5) South 53 deg. 25 min. 53 sec. East - 498.65 feet; (6) North 36 deg. 34 min. 07 sec. East - 4.50 feet; (7) South 53 deg. 25 min. 53 sec. East - 8.00 feet; (8) South 36 deg. 34 min. 07 sec. West - 4.50 feet; (9) South 53 deg. 25 min. 53 sec. East - 424.75 feet; (]0) South 75 deg. 55 min. 53 sec. West - 44.95 feet; Page 1 of 5 Z:URGUlG SURVEYMGV,D-IFS d BOUNDSIOOTBAP010.Adoc One'aiAla Creek Square 3501 Turtle Creek Drive, Suite 102 Port Adhur. Texas 77642 (4091724-7888 FAX (4091724-1497 EXHIBIT "A" (11) South 53 deg. 40 min. 27 sec. East a distance of 57.66 feet to a point located on the Northwesterly line of Williams Avenue and South line of said Housing Authority tract marking the Southeast comer of the herein described tract of land; (t2) THENCE South 36 deg. 34 min. 34 sec. West along the said Northwesterly line of Williams Avenue and South line of said Housing Authority tract a distance of 15.00 feet to a point mazking the Southwest corner of the herein described tract of land; THENCE the following courses and distances to angle points for comers; (13) North 53 deg. 40 min. 27 sec. West - 54.65 feet; (14) North 75 deg. 55 min. 53 sec. West - 44.98 feet; (IS) North 53 deg. 2S min. S3 sec. West - 3.75 feet; (16) South 36 deg. 34 min. 07 sec. West - 17.00 feet; (17) North 53 deg. 25 min. 53 sec. West - 10.00 feet; (18) North 36 deg. 34 min. 07 sec. East - 17.00 feet; (19) North 53 deg. 25 min. 53 sec. West - 226.50 feet; (20) South 36 deg. 34 min. 07 sec. West - 17.00 feet; (21) North 53 deg. 25 min. 53 sec. West - 10.00 feet; (22) North 36 deg. 34 min. 07 sec. East - 17.00 feet; (23) North S3 deg. 25 min. 53 sec. West - 244.94 feet; (24) South 36 deg. 34 min. 07 sec. West - 17.00 feet; (25) North 53 deg. 25 min. 53 sec. West - 10.00 feet; (26) North 36 deg. 34 min. 07 sec. East - 17.00 feet; (27) North 53 deg. 25 min. 53 sec. West - 246.70 feet; (28) South 36 deg. 34 min. 07 sec. West - 17.00 feet; (29) North 53 deg. 25 min. 53 sec. West - 10.00 feet; (30) North 36 deg. 34 min. 07 sec. East - 17.00 feet; (3l) North 53 deg. 25 min. 53 sec. West - 162.65 feet; (32) South 36 deg. 34 min. 07 sec. West - 17.00 feet; (33) North 53 deg. 25 min. 53 sec. West - 10.00 feet; (34) North 36 deg. 34 min. 07 sec. East - 17.00 feet; (35) North 53 deg. 25 min. 53 sec. West - 2.72 feet; (36) North 31 deg. 44 min. 59 sec. West - 159.95 feet; (37) North 22 deg. 09 min. OI sec. East - 78.82 feet; (38) North 53 deg. 38 min. 49 sec. West - 3.93 feet to a point located on the said Southeasterly Right of Way line of Gulfway Drive and Northerly line of said Housing Authority tract mazking the new corner of the HDTDL. THENCE along said Southeasterly Right of Way and Northerly line of said Housing Authority tract with a curve to the Right having a radius of 2815.00 feet, a central angle of 00 deg. I8 min. Page 2 of 5 z:wacusc soavern+cure~s eeotmnszam~eun~o-time EXHIBIT "A" 41 sec., an azc distance of 15.31 feet, a chord distance of 15.31 feet and a chord bearing of North 24 deg. 53 min. 59 sec. East to the Northeast corner and POINT OF BEGINNING and containing in azea 20,118 square feet or 0.462 acres of land, more or less. Surveyed: July, 2009 hn R. (Bob) Hodges .P.L.S. #4583 7/lG/O f' Notes: An Exhibit of even date is being submitted and being made a part of this metes and bounds description. Bearings, distances and coordinates referenced to the Texas State Plane Coordinate System, South Central Zone, NAD 83 Grid Scale Factor = 0.999915839 Acreage expressed in surface area Page 3 of 5 2 tA80.A80 SVRVEYINGND:TPS B BOIM~SV WPBAP-016AEx EXH (BIT "A" m a~ NOTE: BFNtINGS, DISTANCES. AND COORDINATES ~ REFERENCED TO THE TEXAS STATE P!AlIE Q- COORD014TE SYSTEM, SOUTH CENTRAL ZONE, ,S 3. ~0j'~ HAD 83 DANM. GRID SCALE FACTOR AT ~~cc o• POINT OF COMMENCING (1/2' FND. S.R.) IS ~~ ~J~g ~2 ~ ~ 0.999915839 h 2 ~` ACREAGE EXPRESSED IN SURFACE AREA 5 In• fHD. sR Q SEE PAGE X FOR LME TABLE DATA lom. IRCFiFAA ~! e Q G76~1! (~9 B ! ~ .~ ~ .~ a yoq,~®Q n~.ai(e~aao~r. 'T~ ~ 1' ~ e ~ ^°~°~d~a~A ''~ rtrse+D ml Ai°~ `¢ ewe. e~,rawe~i `¢ CO &~q1 Q1°i0~ / b~.Rre 1uR .G b ~ onisa u~no x~oTMeemp (35) 0~7~ ~e°.4 q,1`y ~ .~ ~~ ~~ 8 M+acn.; twD (34) ~w>®® ~$>,O 4. .• ~".C@~pep ,4` n ~ ~ (02) e ®> >es A8~ ~ ®>~ C ~ 1/Y ftm srt MIfD. NGwWIf r % r'37J 3 F't ~ ^Y ~O ~,a 6i~ `@°O A~~~~m J ~Og 8 ~ ~ 4oy"~,Q " c R~~ n ~d4 (? J P (6) ~ w lied ® ~ e h '~, 'L7' PROP. WATER LINE ''p l6.~pC ~ .'L.i~ ~ EASEMENT ~ o ~ ~ ~~$ 9 ~ ky y,, ~7/ 20,110 SO. FT. 9~ •~' 4 C ® e ~y'eLj 0.462 ACS. $ O~ ~ ~ya~~p\~ /7,qJ Pte! ~~`" \ IV fASEMENi ~` ` J 1 vot, riR~.i~ .~ '~T~~ ,tee` O) r7~J/ \ Y~jJ (1; ~~ ~ ~~ \ (15)~`2J L -C- ~ 0.0.10RIPN(1E EA9DMEMT I/Y' MD. SR., voe e~e,vG ~m upz enDa+cunc g oxaa a 9 i 1 p~ • ~ (N.I gzrEllo.av.oEf~l I/2•RA. S0. `e DIpMAOE FASENFM! ' ' ~ Nee ltVi EIDDW ~.~-p~~ i.~~ } I/2 MR1.G I Ff:FNh MD. SR ~ FND. PROPERTY CORNER M.e•.ncwslw~oflnl IvewsEMExr AS SHOWN MvanrweuD vp.r. ro. eo IP W6EMENf MAI.G • POINT FOR CORNER va.>, w.m M.IiJ.G POC POINT OF COMMENCING POB POINF OF BEGINNING EXHIBITSHOWING PAGE PROPOSED WATER LINE EASEMENT LOCATED ON THE HOUSING AUTHORITY OF THE CITY OF PORT ARTHUR PROPERTY ® ARCBNSAUX & GATBS OUT OF tAT 7, BLOCK 3, RANGE'F' OF ~~~~ ~~~ ~n•stf fac PORT ARTHUR LANG COMPANY SUBDIVISION ~,•, ~. p~ PORT ARTHUR JEFFERSON COUNTY TX & ,~ ,~o, , , ~" BO®4 " .~ .~.<.. ,n....,w lea) ru-vase DATE: JULY 2009 SCALE: 1'=200' DAAWN: JDG xox m TEXAS REGISTERED ENGINEERING FIRM F-30 PROD. No.: BAP=010 VER90N: AUTOCAD 2010 CHECKED: JRH EXHIBIT "A" LINE TABLE DATUM NUMBER DIRECTION DISTANCE (1) SEE CURVE TABLE (2) S 53'38'49' E 18.65 (3) S 22'09'01' W 82.67' (4) S 31'44'59' E 149.45' {5) S 53'25'53' E 498.65' (6) N 36'34ror E 4.50' (7) S 53'25'53' E 8.00' (6) S 36'34'07• W 4.50' (9) S 53'25'53' E 424.75' (f0) S 75'55'53' E 44.95' (11) S 53.40'2T E 57.66' (12) S 36.34'34' W 15.00' (131 N 53.40'27' W Sd.65 (14) N 75'55'63' W 44.98' (15) N 53.2553' W 3 75' (1e) s3s°3arorw iT.ar (1 ~ N 53°2553' W 10.00' (18) N 36°34ror E 17.00' (19) N 53°2553' W 226.50' (20) S 36°34'D7' W 17.00' (21) N 53'25'53' W 10.00' (22) N 36.34'Or E 17.00' (23) N 53'25'53' W 244.94' l2<) S 36.34ro7' W 17.00' (25) N 53'25'53' W 10.00' (26) N 36'34ror E 17.00' (27) N 53.25'53' W 246.70' (26) S 36'3497' W 17.00' {29) N 53'2553' W 10.00' (3D) N 36'34ror E 17.00' (3t) N 53'25'53' W 182.65' (32) 5 36.3497' W 17.00' (33) N 53.25'53' W 10.00' (~) N 36'349r E 17.00' (35) N 53'25'53' W 2.72' (38) N 31'44'59' W 159.95' (37) N 22'09'01' E 78.87 CJe) N 53'38'49'W 3.93' (39) SEE CURVE TA8LE CURVE TABLE NUMBER ARC DELTA RADIUS CH CB (1) 28.29' OD'3433• 2815A0' 28.29' 525'2037'W l3a) 15.31' OD'18'41' 2615.00' 15.31' N 24.53'59' E POINT OF COMMENCING COORDINATE NORTHING 13,818,424.07 FASTING 3,581,080.23 POINT Of BEGINNING COORDINATE NORTHING 13,918,398.50 FASTING 3,581,088.12 EXHIBR SHOWING PAGE PROPOSED WATER LINE EASEMENT LOCATED ON THE HOUSING AUTHORITY OF THE CITY OF PORT ARTHUR PROPERTY ® ARC%NSA[IX k GA'FB3 OUT OF LOT 7, BLOCK 3, RANGE'F' OF ~~~~b>~111A[ )[t~eea7 Inc. PORT ARTHUR LANG COMPANY SUBDNISION ~ m4>~.unm PORT ARTHUR, JEFFERSON COUNTY, TX fV~ GA7'6.4 a saw cew. tr«t mn.. eew ~m ten 4wv. t® TiMt ~im1Oxra°°~1° lam) ~-'r^m DATE: JULY 2009 SCALE: NT5 DRAWN: JDG TEXAS REGISTERED ENGINEERING FIRM F-30 PROD. No.: BAP-010 VERSION; AUTOCAD 2010 CHECKED: JRH t gi I 1