HomeMy WebLinkAboutPR 22910: RIGHT OF WAY/EASEMENT ACCEPTANCE FOR THE ARMORY AT LAMAR J;
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INTEROFFICE MEMORANDUM
Date: December 21, 2022
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
I From: Calvin Matthews, P.E., Water Utilities Director
RE: PR 22910—Right of Way/Easement Acceptance for the Armory at Lamar
Introduction:
Lamar State College Port Arthur purchased the old armory building and an easement is needed
for the maintenance of public water utilities under,through and across a portion of their property.
Therefore, it is necessary to obtain approval to accept a water utility easement from Lamar State
College Port Arthur for the construction, installation, laying and maintenance of water utility.
There is no budget impact for this easement.
Background:
An easement is needed from Lamar State College Port Arthur 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. 22910, which accept
a water utility easement from Lamar State College Port Arthur, as discussed/outlined above.
"Remember, we are here to serve the Citizens of Port Arthur"
PR No. 22910
12/21/22 bw
Page 1 of 2
RESOLUTION NO.
A RESOLUTION ACCEPTING A WATER
UTILITY EASEMENT FROM LAMAR STATE
COLLEGE PORT ARTHUR FOR THE
CONSTRUCTION, INSTALLATION, LAYING,
AND MAINTENANCE OF WATER UTILITY.
WHEREAS, Lamar State College Port Arthur has purchased the Armory building; and
WHEREAS, the City of Port Arthur requires a water utility easement adjacent to the
existing public right-of-way on Procter Street,and the City Council deems it appropriate to accept
a Water Utility Easement from the property owner: Lamar State College Port Arthur 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 with Lamar State College 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, 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 , 2023, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor
PR No. 22910
12/21/22 bw
Page 2 of 2
Councilmembers:
NOES:
Thurman"Bill"Bartie
Mayor
ATTEST: APPROVED AS TO FORM:
Sherri Bellard lecia i no
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
.(5iV
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, Lamar State College Port Arthur, hereinafter called "Grantor(s)", for
and in consideration of the sum of TEN AND NO/100 ($10) DOLLARS cash and
other goods & valuable 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.
I I
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.,
2023.
Lamar State College Port Arthur
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 , 2023.
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
EXHIBIT "A"
(Metes& bounds description by Soutex Surveyors)
TBPE Arm No.F-5755
�+`� TBPLS Firm No.10123800
, LA EF.00057n
3737 Doctors Drive
Port Arthur,Texas 77642
SURVEYORSENGINEERS Office(409)983.2004
Fax(409)983.2005
EXHIBIT"A"
0.0557 ACRE OF LAND
LAKESHORE PARK
CITY OF PORT ARTHUR,JEFFERSON COUNTY,TEXAS
BEING 0.0557 acre of land,out of and a part of Lakeshore Park,City of Port Arthur,recorded in Volume 1, Pages
7& 8,Map Records,Jefferson County,Texas, being part of a(Called 2.978)acre tract of land described in a deed
to Lamar State College-Port Arthur, recorded in File No. 2020005584, Official Public Records,Jefferson County,
Texas; said 0.0557 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 '/2" steel rod, capped and marked "AW&C LLC", found for the most Westerly corner of the
(Called 2.978)acre tract,on the Southeast right of way line of a dedicated road named 4`' Street; said '/2"steel rod
being the Southwest corner of the herein described tract, having a Texas Coordinate of N: 13900233.67, E:
3574748.82;
THENCE,on the Southeast right of way line of said 4" Street,on an arc of a curve to the left, having a radius of
1185.92', an arc length of 358.67', a chord bearing of North 36 deg., 15 min., 59 sec., East, a chord distance of
357.31'to a point for corner;from which an"X"mark found in concrete for the most Northerly corner of the(Called
2.978)acre tract,bears North 24 deg., 50 min., 13 sec., East,a distance of 114.41';
THENCE, North 34 deg.,46 min., 07 sec., East, a distance 112.31' to a point for corner on the Northeast line of
the(Called 2.978)acre tract, same being the most Northerly corner of the herein described tract;
THENCE, South 54 deg., 06 min., 17 sec., East,(Called South 53 deg., 23 min., 34 sec., East), on the Northeast
line of the(Called 2.978)acre tract,a distance of 10.00' to a point for corner being the most Easterly corner of the
herein described tract;
THENCE, South 34 deg.,46 min., 07 sec., West,a distance of 380.56' to a point for corner;
THENCE, South 44 deg., 57 min., 01 sec.,West, a distance of 90.27' to a point for corner,on the Southwest line
of the(Called 2.978)acre tract,for the most Southerly corner of the herein described tract;
THENCE,North 53 deg.,21 min., 00 sec., West,(Called North 53 deg., 19 min.,04 sec., West),on the Southwest
line of the (Called 2.978) acre tract, a distance of 3.38' to the POINT OF BEGINNING and containing 0.0557
acre of land,more or less.
This description is based on the Land Survey made under the direct supervision of Anthony M. Leger, Registered
Professional Land Surveyor No. 5481 on November 07,2022.
City of Port Arthur/Utilities Department •QE/ -
't,�� �R
22-0749-C .�<<
4• THO ..V
)4, '.Ess�o.
' SUR'4
TBPE Firm No. F-5755
f,,,,, OUTEXTBPLS Firm No.10123800
LA EF.0005711
6 3737 Doctors Drive
� , Port Arthur,Texas 77642
SURVEYORS&ENGINEERS Office (409) 983.2004
Fax(409) 983.2005
EXHIBIT "A"
0.1450 ACRE OF LAND
LAKESHORE PARK
CITY OF PORT ARTHUR,JEFFERSON COUNTY,TEXAS
BEING 0.1450 acre of land,out of and a part of Lakeshore Park,City of Port Arthur,recorded in Volume
1, Pages 7 & 8, Map Records, Jefferson County, Texas, being part of a(Called 2.978) acre tract of land
described in a deed to Lamar State College-Port Arthur,recorded in File No. 2020005584,Official Public
Records,Jefferson County,Texas; said 0.1450 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.
COMMENCING at a '/2" steel rod, capped and marked "AW&C LLC", found for the most Westerly
corner of the (Called 2.978) acre tract, on the Southeast right of way line of a dedicated road named 4th
Street,having a Texas Coordinate of N: 13900233.67,E: 3574748.82;
THENCE, on the Southeast right of way line of said 4`h Street, on an arc of a curve to the left, having a
radius of 1185.92', an arc length of 80.26', a chord bearing of North 42 deg., 59 min., 31 sec., East, a
chord distance of 80.24' to a point for corner being the POINT OF BEGINNING and most Westerly
corner of the herein described tract, having a Texas Coordinate of N: 13900292.37, E: 3574803.49';
THENCE,continuing on the Southeast right of way line of said 4th Street,on an arc of a curve to the left,
having a radius of 1185.92', an arc length of 20.06', a chord bearing of North 40 deg., 34 min., 07 sec.,
East, a chord distance of 20.06' to a point for corner being the most Northerly corner of the herein
described tract; from which an "X" mark found in concrete for the most Northerly corner of the (Called
2.978)acre tract,bears North 31 deg., 04 min.,41 sec., East, a distance of 371.28';
THENCE, South 53 deg., 51 min., 35 sec.,East, a distance of 99.68' to a point for corner;
THENCE, South 86 deg.,47 min., 36 sec., East, a distance of 86.56' to a point for corner;
THENCE, South 51 deg., 46 min., 36 sec., East, a distance of 92.80' to a point for corner, on the North
line of Tract 136, Jefferson County Drainage District No. 7, Volume 1784, Page 32, Deed Records,
Jefferson County, Texas; said point for corner being the Southeast corner of the herein described tract;
from which a 1/2" steel rod, capped and marked "AW&C LLC", found bears North 71 deg., 10 min., 19
sec.,East(Called North 71 deg., 08 min.,40 sec.,East), a distance of 58.09'
THENCE, South 71 deg., 10 min., 19 sec., West, (Called South 71 deg., 08 min., 40 sec., West), on the
North line of said Tract 136,a distance of 11.92' to a point for corner:
THENCE,North 51 deg.,46 min., 36 sec., West, a distance of 83.44' to a point for corner ;
THENCE, South 03 deg., 12 min.,24 sec., West, a distance of 10.16' to a point for corner;
THENCE,North 86 deg.,47 min., 36 sec., West, a distance of 10.00' to a point for corner;
THENCE,North 03 deg., 12 min.,24 sec., East,a distance of 10.00' to a point for corner;
THENCE,North 86 deg.,47 min., 36 sec., West, a distance of 57.74' to a point for corner:
THENCE, South 53 deg., 51 min., 35 sec., East, a distance of 116.37' to a point for corner on the North
line of said Tract 136;
THENCE, South 71 deg., 10 min., 19 sec., West, (Called South 71 deg., 08 min., 40 sec., West), on the
North line of said Tract 136,a distance of 24.42' to a point for corner; from which a brass disc in concrete
found for an angle point on the Southeast line of Tract 5-A & 5-B, recorded in File No. 2014037745,
Official Public Records, Jefferson County, Texas, bears South 71 deg., 10 min., 19 sec., West (Called
South 71 deg., 08 min.,40 sec., West), a distance of 99.20';
THENCE,North 53 deg., 51 min., 35 sec., West, a distance of 221.97' to the POINT OF BEGINNING
and containing 0.1450 acre of land, more or less.
This description is based on the Land Survey made under the direct supervision of Anthony M. Leger,
Registered Professional Land Surveyor No. 5481 on November 07, 2022.
City of Port Arthur/Utility Department
22-0749-B
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.NTHV EGER
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EXHIBIT "B"
(Easement sketch by Soutex Surveyors)
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CLIENT: CITY OF PORT ARTHUR/UTILITY DEPARTMENT
I B
TRACT 136
JEFFERSON COUNTY I SABINE-NECHES SHIP CHANNEL
HURRICANE LEVEE PROTECTION SYSTEM DRAINAGE DISTRICT NO. 7
VOL. 1784, PG. 32, D.R.J.C. o
_ T N 711I0'19" E 58.09' I
FOUND 1/2"-7 \ (CALLED N 71ro8'40" E)
STEEL ROD ff S 7110'19" W 11.92'
CAPPED "AW&C LLC"
(CALLED S 71'08'40" W)
11
Line Table S 71'I10'19" W 41.43' SCALE 1"-40'
LINE # BEARING DISTANCE ; (CALLED S 71'08'40" W)
L1 S 86'47'36" E 86.56' I S 7110'19" W 24.42'
(CALLED S 71'08'40" W)
L2 S 51'46'36" E 92.80'
L3 N 51'46'36" W 83.44'
-J 1" n
L4 S 03'12'24" W 10.16' ��C4S(�p,l,y
L5 N 86'47'36" W 10.00' `c0�7'9.
S)
10.0' k
L6 N 0312'24" E 10.00' a L4 �7�\�20
L7 N 86'47'36" W 57.74' !s N kj
FOUND BRASS
LB S 5351'35" E 116.37' 6 \ DISC IN CONC.
V.
0.1450 ACRE OF LAND ��
re
N
PART OF BLOCK 152 re
LAKE SHORE PARK �� O a 0
JEFFERSON COUNTY, TEXAS N w - a
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N POINT OF POINT OF
FOUND — HSG7NNING O 1/2"STEEL
o — IN CONC.- SOUTNEAST R.O.W.LINE " N:13900292.37
VVV I,-- E:3574803.49 FOUND 1/2"STEEL ROD
g. V CAPPED"AW&C LLC"
•- IT/if—AD = 1185.92' N:13900233.67
cciv WASTE WATER LINE ARC = 372.81' RAD = '185.92 E.3574748.82
—OS—SS—SS— CHD BRG = N 31'04'41" E ARC= 80 26'
w WATER UNE CHD DIST. = 371.28' I CHD BRG N 42'S9'31"E \
�- = FIRE HYDRANT 4TH STREET CHD DIST. - 8024'
= POINT FOR CORNER -
O.P.R.J.C. = OFFICIAL PUBLIC RECORDS (R.O.W. VARIES ) -RAD = 1185.92'
JEFFERSON COUNTY ARC 20.06'
`#' D.R.J.C. = DEED RECORDS CHD BRG = N 40'34'07" E
i JEFFERSON COUNTY CHD DIST. = 20.06'
E
M.R.J.C. = MAP RECORDS
=) JEFFERSON COUNTY
DESCRIPTION or SERVICES: PROPOSED UTILITIES EASEMENT
SURVEYOR'S CERTIFICATION:
3. The undersigned does hereby certify that this survey was this day 11/07/2022 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
1 a Surveying. This survey is certified for this transaction only, and is not transferable to additional institutions or subsequent owners.
g The above tract being located at 4TH STREET
8! and being described as 01450 ACRE OF I AND PART OF I AKE SHORE PARK
• as recorded In Volume 1 , Page(s)7 & 8 of the MAP Records of JEFFERSON County, Texas. In accordance with the Flood
a Insurance Rate Map of the Federal Emergency Management Agency, map reference shown, the subject tract lies in the flood zone noted.
u Location on map was determined by scale. Actual field elevation determined, unless requested. SOUTEX SURVEYORS, Inc. does not
warrant nor subscribe to the accuracy or scale of said map.
EXHIBIT 'B"
METES & BOUNDS DESCRIPTION OF
i EVEN DATE TO ACCOMPANY THIS PLAT ANTHONY . LEGER
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481
IS
SURVEYORS NOTES
o FEMA Flood Zone: R 1. BEARINGS AND DISTANCES ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983,SOUTH CENTRAL ZONE. ,
U.S.SURVEY FEET,AND ARE REFERENCED TO SMARTNET,NORTH AMERICA s
2 TEXAS 811-CALL SHOULD BE DONE PRIOR TO ANY DIGGING OR CONSTRUCTION IN CASE OF UNDERGROUND tt OF / '
e PIPELINES OR UT1UTES. ♦fir - (��,
Community Panel NO.: ��.-v\S 7Fq
A 485499-0050-E y 0k aW N•
,
•
ANTHONY N,LEGER
Panel Date: 04/17/1984 3737 Doctors Drive ,
Port Arthur,Texan 77042 <4� 5481 v.et.
E▪ Project No. 22-0749-8 SOU= Tel.409.983.2004 •9i��'PEss\ ��.
Drawn By: FA
SURVEYORS&ENGINEERS Fax.409.983.2005 SURN
S rs,E FRY pm, sontexsurveyors.com
i - T.us FR Non:moo
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 , 2023.
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
, 2023.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS