HomeMy WebLinkAboutPR 15369: TOTAL PAR LLC UTILITIES EASEMENTInteroffice
MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark Sokolow, City Attorney ~~,/j ~~
Date: August 20, 2009
Subject: P. R. No. 15369 - Council Meeting August 25, 2009
Attached is P. R. No. 15369 accepting a utilities
easement from TOTAL PAR LLC for construction, installation,
laying, and maintaining of water utilities in the City of
Port Arthur.
MTS:gt
Attachment
Copy to: Letiti White, TOTAL
Director of Public Works
Director of Utilities
z.pr15369_memo 1
P. R. No. 15369
08/19/09 gt
RESOLIITION NO.
A RSSOLIITION ACCEPTING A IITILITZSS EASEMENT
FROM TOTAL PAR LLC FOR CONSTRIICTION,
INSTALLATION, LAYING, AND MAINTAINING OF WATER
IITILITIES IN THE CITY OF PORT ARTHIIR
WHEREAS, the City Council of the City of Port Arthur deems it
appropriate to accept a water utility easement from TOTAL PAR LLC
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 TOTAL PAR LLC in connection
with water utility services of the City of Port Arthur.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COIINCIL OF THE CITY
OF PORT ARTHD'R:
Section 1. That the facts and opinions in the preamble
are true and correct.
Section 2. That the City Manager is herein authorized and
instructed to execute and accept a utility easement from TOTAL PAR
LLC for the purpose of constructing, installing, laying, and
maintaining water utilities in substantially the same form as
attached hereto as Exhibit "A".
Section 3. That the easement shall be filed for record in
the office of the County Clerk of Jefferson County, Texas.
Section 4. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council.
z.pr15369
RfiAD, ADOPTED AND APPROVED on this day of
A.D., 2009, at a Meeting of the City Council of
the City of Port Arthur, by the following vote: AYES:
Mayor
Councilmembers
NOES:
MAYOR
ATTfiST:
CITY SECRETARY
APPROVED AS TO FORM:
r~.~ ~+ro-c.~
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
z.pr15369
EXHIBIT i°A"
TO THE RESOLUTION
UTILITIES EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
THAT, TOTAL PAR LLC, whose mailing address is P.O. Box 849,
Port Arthur, Jefferson County, Texas hereinafter called "Grantor(s)", for and
in consideration of the sum of ONE AND NO/100 ($1.00) DOLLAR 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, anon-exclusive easement for the purpose of constructing, installing,
laying, maintaining and repairing a line or lines of pipe for public water
services located on, in, under, and across the following tracts of land
situated in Jefferson County, Texas to wit:
For Metes and Bounds Description & sketch, see
Exhibits "A" and "B" attached hereto and
incorporated by reference.
Grantor reserves for itself, its successors and assigns, the right to
use the easement for any and all purposes, including but not limited to, the
right to construct, operate, maintain, repair, and remove "Facilities," that
Grantor may desire in, on, under or over the easement, and to grant such
rights to others, provided that such Facilities are constructed so that they do
not unduly interfere with Grantee's use with approval being first obtained
from the City which will not be unreasonably withheld.
The easement granted herein shall have the following additional
rights and responsibilities:
(1) the right of ingress and egress to, from and along said
easement and across adjoining lands of Grantor for the
purposes set forth herein;
(2) the right of access to and use of Grantor's existing
roadways, driveways and trails to reach said easement
during the initial construction period and for future
maintenance thereof and during any emergency
condition;
(3) the right to drive Grantee's construction vehicles on the
closest adjacent dry ground owned by Grantor, but
Grantee shall be responsible for any damage resulting
therefrom; and
(4) the right to remove trees and shrubs from the
easement.
This easement shall be governed and construed in accordance with the
laws of the state of Texas without reference to conflict of law rules.
The easement here granted shall remain in force and effect so long as it is
used for the purpose of providing public water services.
TO HAVE AND TO HOLD the same unto the City of Port Arthur,
Texas, its successors and assigns so long as used in accordance with the
purpose.
WITNESS MY HAND, this day of
A. D.. 2009.
APPROVED AS TO FORM:
TOTAL PAR LLC
By:
Name:
Title:
City of Port Arthur
By: _
Name:
Title:
City Attorney
ACKNOWLEGEMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally
appeared
of TOTAL PAR LLC 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 the
corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the
day of
2009.
Notary Public for the State of Texas
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally
appeared
of City of Port Arthur 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 the City.
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
EXHIBIT "A"
0.0131 ACRE OF LAND
FOR WATER LINE EASEMENT PURPOSES
PART OF LOT 3, BLOCK 14,
FAIRLEA ADDITION,
JEFFERSOiN COUNTY, TEXAS
f3h:1NC O.U131 acre of land far water line easement purposes out of and a part of l,ot 3,
Block 14, Fairlea Addition, City of Port ArUtur, recnrdcd in Volume R, Page 24, Map
kLecords, Jefferson County, Texas; said 0.0131 acre tract being more fully described by
metes and hounds as follows, [o wit:
COMMENCING, at a point on the East right of way line of a dedicated road named
Locust Avenue; said point being a common corner of Lots 2 and 3, Block 14, Fairlea
Addition;
THENCE, North 53 deg., 20 min., Ol sec., West, on the East right of way line of said
Locust Avenue attd the West line of said l.ot 3, a distance of L2J7' to a point for corner
for the YO1NT OF BEGINNING; said point for corner having a State Plane C'oordinatr
of North 13933160.39, East 3582659.21, and being the Southwest corner of the herein
described tract;
THENCE, Notth 53 deg., 20 min., Ol sec., West, continuing on the Gast right of way line
of said Locust Avenue and the West line of said Lot3, a distance of 10.00' to a point for
corner for the Northwest corner of the herein described tract;
THENCE, North 36 deg., 39 min., 59 sec., Fast, a distance of ?7.00' to a point for corner
for the Northeast corner of the herein described tract;
THENCE., South 53 deg., ZU min., OI sec., Last, a distance of 10.00' to a point for comer
forthc Southeast corner ofthc herein described tract;
THENCE, South 36 deg., 39 min., 59 sec., Wast, a distance of 57.00' to the POINT OF
BEGINNING and containing 0.0131 acre of land, more or less.
Note: Plat of even date to accompany this description.
Note: Bearings, distances', and acreage are based on State Plane Coordinate Cirid System,
Texas South-Central Zone, NAD83
This description is based on the Land Survey made by Stanley G. Newsome, Jc,
Registered Professional Land SurveyorNu. 2176, on August 3, ?^A°
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EXHIBIT "B"
0.0131 ACRE OF LAND "~_
R WATER LINE EASEMENT PURPOSES s9' So~
PART OF LOT 3, BLOCK 14, o b
FAIRLEA ADDITION o 0
JEFFERSON COUNTY, TEXAS ~ N^,
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EXIST. FIRE HYDP.ANT
N: 13933203.03
E: 356268411
POINT OF
COMMENCING
N.W. CORNER OF
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N 53'20'01' W L N S.rt7Rt' w
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_ POINT OF t?•'~s"'r;
LOCUST AVENUE @.~,0
Q =POINT FOR CORNER (50' R.O.W.) BEGINNING - :e
N: 13933160.39 STA~tEY ~~ ,•;_Ye
NOTF~. E 3582659.21 -°9-2176
BEARINGS, DISTANCES, AND ACREAGE SHOWN ARE BASED INJ ~.:p
STATE PLANE COORDINATE GRID SYSTEM, TEXAS SWTH-CENTRAL S,y.°EE Sd
ZONE. NAD83 ~SURV
6ux+[raR's aKrmunex: CESCRIPTION FOR WATER LINE EASEMENT TO THE GTY Of PORT ARTHUR
NOTE:
DESCRIPTION OF EVEN DATE TO
ACCOMPANY THIS PLAT '-~
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