HomeMy WebLinkAboutPR 22749: RIGHT OF WAY/EASEMENT ACCEPTANCE ON 4TH STREET AT MOBILE AVE. ter
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INTEROFFICE MEMORANDUM
Date: September 2, 2022
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Calvin Matthews, P.E., Water Utilities Director
RE: PR 22749—Right of Way/Easement Acceptance on 4th Street at Mobile Ave.
Introduction:
The property at 4th Street and Procter was recently sold to Community Development Properties, m
Port Arthur Inc., C/O NDC Housing&Economic Development for the purpose of development
and building townhomes.
An easement is needed for the maintenance of public water utilities under, through, and across
a portion of their property in the City of Port Arthur.There is no budget impact for this easement.
Background:
An easement.is needed from Community Development Properties, Port Arthur Inc., CIO NDC
Housing&Economic Development for the maintenance of public water utilities under,through,
and across a portion of their property in the City of Port Arthur. There is no budget impact for
this easement.
Budget Impact:
None.
Recommendation:
It is recommended that the City Council approve Proposed Resolution No.22749,which accepts
the easement as discussed/outlined above.
"Remember,we are here to serve the Citizens of Port Arthur"
PR No. 22749
9/2/2 bw
Page 1 of 2
RESOLUTION NO.
A RESOLUTION ACCEPTING A WATER
UTILITY EASEMENT FROM COMMUNITY
DEVELOPMENT PROPERTIES, PORT ARTHUR,
INC. C/O NATIONAL DEVELOPMENT
COUNCIL (NDC) HOUSING & ECONOMIC
DEVELOPMENT FOR THE CONSTRUCTION,
INSTALLATION, LAYING, AND
MAINTENANCE OF WATER UTILITY.
WHEREAS, pursuant to Resolution No. 19-526, the City of Port Arthur Section 4 A
Economic Development Corporation ("PAEDC") and NDC Housing & Economic Development
Corporation, Inc., a New York Corporation, entered into a Purchase Agreement on December 18,
2019 for the purchase of approximately 3 acres of vacant land located on 4th Street at Mobile and
Shreveport Avenue in the City of Port Arthur for the purpose of development and building
townhomes; and
WHEREAS, the City of Port Arthur requires a water utility easement adjacent to the
existing public right-of-way on Mobile Avenue, and the City Council deems it appropriate to
accept a Water Utility Easement from the property owner: Community Development Properties,
Port Arthur, Inc. CIO NDC Housing & Economic Development for the construction, installation,
laying, and maintenance of public water utilities under, through, and across a portion of their
property in 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 is hereby authorized to execute and
accept a water utility easement from Community Development Properties, Port Arthur, Inc. C/O
NDC Housing & Economic Development for the purpose of constructing, installing, laying, and
maintaining water utilities in substantially the same form as described in Attachment"A",attached
PR No. 22749
9/2/2 bw
Page 2 of 2
and made a part hereof; and,
THAT, said Water Utility 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 September, 2022, at a Regular
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor
Councilmembers:
NOES:
Thurman"Bill" Bartie
Mayor
ATTEST: APPROVED AS TO FORM:
1/a—ied Atitarl
Sherri Bellard Valecia Ti eno
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
IC4/41
Ronald Burton Calvin Matthews,P.E.
City Manager Water Utilities Director
ATTACHMENT "A"
(Easement)
WATER UTILITY EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
THAT, Community Development Properties, Port Arthur, Inc., c/o
National Development Council (NDC) Housing & Economic Development, hereinafter
called "Grantor(s)", for and in consideration of the sum of ZERO AND NO/100 ($0)
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 & sketch, see Exhibits
"A" & "B", respectively, 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.
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 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.,
2022.
Community Development Properties, Port Arthur, Inc.
C/O NDC Housing & Economic Development
By:
Print Name:
Title:
APPROVED AS TO FORM:
City Attorney
ACKNOWLEGEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally appeared
known to me to be the person(s) whose
name(s) is(are) 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
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the
day of , 2022.
Notary Public for the State of Texas
SEAL
RETURN TO:
CITY OF PORT ARTHUR
ATTN: Valecia Tizeno
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 , 2022.
CITY OF PORT ARTHUR
By:
Ronald Burton
City Manager
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME, the undersigned Notary Public, on this day personally appeared Ronald
Burton, 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
, 2022.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
EXHIBIT "A"
(Metes&bounds description by Soutex Surveyors)
TBPE Firm No. F-5755
1� : TBPLS Firm No.10123800
l►� LA EF.0005711
It ouTEx
3737 Doctors Drive
Port Arthur,Texas 77642
S URVEYORS&ENG INE ERS Office(409)983.2004
Fax(409)983.2005
0.0075 ACRE OF LAND
FOR UTILITY EASEMENT PURPOSES
PART OF TRACT 1-A, A REPLAT OF PART OF BLOCK 152
CITY OF PORT ARTHUR AND PART OF F. D. MABRY SUBDIVISION
JEFFERSON COUNTY, TEXAS
BEING 0.0075 acre of land, for utility easement purposes, part of Tract 1-A, a replat of part of Lots 6 through
10, Block 152, City of Port Arthur, all of Lots 1 through 5, part of Lot 8 and part of a 20' wide alley, F. D.
Mabry Subdivision, recorded in File No. 2018026861, Official Public Records, Jefferson County, Texas; said
0.0075 acre tract being more fully described by metes and bounds as follows, to wit:
Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of 1983, South
Central Zone, US Survey Feet, and are referenced to SmartNet, North America.
BEGINNING at a half-inch steel rod, capped and marked ``A&G", found on the intersection of the Southwest
right-of-way line of Mobile Avenue, and the Northwest right-of-way line of Lakeshore Drive, for the most
easterly corner of Tract 1-A, and the most easterly corner of the herein described tract; said capped rod having
coordinates of N: 13900343.76, E: 3574741.93;
THENCE, on the Northwest right-of-way line of Lakeshore Drive, on the arc of a curve to the right, having a
radius of 1105.92', an arc distance of 11.71', a chord bearing of South 41 deg. 24 min. 32 sec. West, a chord
distance of 11.71' to a point for the most southerly corner of the herein described tract; from which a mag nail
in asphalt found for an angle point in the southeasterly line of Tract 1-A, bears South 48 deg. 33 min. 47 sec.
West,a distance of 263.84';
THENCE,North 66 deg. 38 min. 05 sec. West, a distance of 2.13' to a point for the most westerly corner of the
herein described tract;
THENCE,North 07 deg. 27 min. 13 sec. East, a distance of 6.93' to a point for corner;
THENCE, North 53 deg. 21 min. 19 sec. West, a distance of 4.38' to a point for corner;
THENCE, North 48 deg. 41 min. 53 sec. West, a distance of 78.26' to a point on the Southwest right-of-way
line of Mobile Avenue, for the most northerly corner of the herein described tract; from which a bent half-inch
steel rod found on the Southeast line of a 20' wide alley, for the most northerly corner of Tract 1-A, bears North
53 deg. 11 min. 44 sec. West(Called North 53 deg. 10 min. 42 sec. West), a distance of 181.14';
THENCE, South 53 deg. 11 min. 44 sec. East (Called South 53 deg. 10 min. 42 sec. East), on the Southwest
right-of-way line of Mobile Avenue, a distance of 88.82' to the POINT OF BEGINNING, and containing
0.0075 acre of land, more or less.
This description is based on the Land Survey made under the direct supervision of Randall Alvey Creel,
Registered Professional Land Surveyor No. 6678 on July 29, 2022.
City of Port Arthur
LS-22-0558
RANDALL ALVEY CREEL
EXHIBIT "B"
(Easement sketch by Soutex Surveyors)
CLIENT: CITY OF PORT ARTHUR
X — 20' WIDE ALLEY FOUND BENT
1/2'STEEL ROD
0 10 20
I
SCALE 1'=20'
w
a
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1-
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Line Table I'n
a
UNE # BEARING DISTANCE •
L1 N 66'38'05" W 2.13' W I I U I 1
L2 N 07'27'13' E 6.93' o I
L3 N 53'21'19' W 4.38' ■I
A. IL z
z 3
Lu ci w
P 0 G�w a\ �P
GSOE SG w 0 J
SRPRFgtpP i.
GVAP O a I _
O0p° N. 0 w
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a
LEGEND F.��o"
1.N 11
OVERHEAD ELECTRIC n H w
OHE-OHE o0 s.
WATER LINE 3 m a
SANITARY SEWER 0.0075 ACRE OF LAND 2 w el
—ss—ss—ss— PART OF TRACT 1-A a a
0 = STORM MANHOLE REPLAT OF PART OF BLOCK 152 v c"
D4 = WATER VALVE CITY OF PORT ARTHUR AND PART z r W
= POINT FOR CORNER OF F.D. MABRY SUBDIVISION N
JEFFE SON COUNTY, TEXAS
II
E III APPROXIMATE LOCATOR
I PER ONE CALL MARKINGS
L3 ° I
AR
��TM�T R.D .UN [ POINT OF
..2-
FOUND MAG NAIL BEGINNING
.9 IN ASPHALT V� FOUND 1/2'STEEL
RA-Hr.-0 _ 11050.
.92' L1 �' ROD CAPPED"A&G"
_ N:13900343.76
. CHD BCRGDC_ 52gg;33 47' W - �' N E:3574741.93
I _ 263,84' RAD = 1105.92'
"19 '°^ ARC = 11.71'
LHO_RE DRIVE CHD BRG = S 41 24'32" W
( PUBLICHD = 11.71'
R.O.W.ROW VARIES) ," I
I
E
DESCRIPTION OF seRVICEs: LOCATE CORNERS FOR EASEMENT •
SURVEYOR'S CERTIFICATION:
7 The undersigned does hereby certify that this survey was this day 07/29/202Z made on the ground of the property legally
described hereon in accordance with the minimum standards of practice promulgated by the Texas Board of Professional Land
Surveying. This survey is certified for this transaction only, and is not transferable to additional institutions or subsequent owners.
3 The above tract being located at LAKESHORE DRIVE. PORT ARTHUR. TEXAS 77640
2 and being described as 0.0075 ACRE OF LAND PART OF TRACT 1-A. REPLAT OF PART OF LOTS 6-10. BLOCK 152 CITY OF PORT ARTHUR. ALL
.11
OF LOTS 1-5. PART OF I OT 8 AND PART OF A 70' WDE ALLEY. F.D. MABRY SUBDIVISION
as recorded in File No. 201802E861 of the OFFICIAL PUBLIC Records of JEFFFRSON County, Texas. In accordance with the Flood Insurance
aRate Map of the Federal Emergency Management Agency, map reference shown, the subject tract lies in the flood zone noted. Location
8 on map was determined by scale. Actual field elevation not determined, unless requested. SOUTEX SURVEYORS, Inc., does not warrant nor
subscribe to the accuracy or scale of said map.
,,, METES do BOUNDS DESCRIPTION OF ...11 a ( '/ 4
EVEN DATE TO ACCOMPANY THIS PLAT `�
M RANDALL ALVEY CREEL
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481
11 SURVEYORS NOTES
FEMA Flood Zone: R 1. THIS SURVEY DOES NOT WARRANT OWNERSHIP.THERE MAY BE EASEMENTS,OR OTHER MATTERS NOT SHOWN. -
.n 2. THIS SURVEY WAS COMPLETED WITHOUT THE BENEFIT OF A TITLE REPORT •OF 3. BEARINGS,COORDINATES,DISTANCES AND ACREAGE ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1963, t r Re ,,
eSOUTH-CENTRAL ZONE, US SURVEY FEET,REFERENCED TO SMARTNET,NORTH AMERICA. .• \� �, '
Community Panel NO.: oSi
485499-0050-E '130* FO.w
.I Panel Date: 04/17/84 3737 Doctors Drive RANDALL ALVEY CREEL '
Project No. 22-0558 IS 'eV .''' OUMC Port Arthur,Texas 77642 <y4 88�PvC�••
Tel.409.983.2004 ,1Q 0A
Drawn By: EA SURVEYORS&ENGINEERS Fax.409.983.2005 . SURV
iTill.ORI piss soutexsurveyors.com
i T.XI S MI n9123830