HomeMy WebLinkAboutPR 23141: ACCEPTING A UTILITIES EASEMENT FOR MANHOLES AND SANITARY SEWER LINE ON 9TH AVE City of
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INTEROFFICE MEMORANDUM
Date: April 28, 2023
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Calvin Matthew, P.E., Water Utilities Director
RE: PR No. 23141 —Accepting a Utilities Easement for Manholes and Sanitary
Sewer Lines on 9th Ave.
Introduction:
The intent of this agenda item is to accept a utilities easement from BCP Diversified, Ltd. The
purpose of accepting this easement is to install, maintain, operate, and replace public utilities:
manholes and sanitary sewer lines.
Background:
The Water Utilities Department is extending the sanitary sewer line on 9th Avenue to
accommodate the future location of the Health Department. Due to the amount of underground
utilities in the area, installing new manholes and sanitary sewer lines has presented a challenge.
BCP Diversified, Ltd. owns land on 9th Avenue and is willing to grant a utilities easement that
is needed for the purpose of installing, maintaining, operating, and replacing public utilities:
manholes and sanitary sewer lines.
Budget Impact:
None.
Recommendation:
It is recommended that the City Council approve PR No. 23141, which accepts a utilities
easement from BCP Diversified, Ltd. as described/outlined above.
"Remember,we are here to serve the Citizens of Port Arthur"
PR No. 23141
4/28/23 bw
Page 1 of 2
RESOLUTION NO.
A RESOLUTION ACCEPTING A UTILITIES
EASEMENT FROM BCP DIVERSIFIED, LTD.
FOR THE PURPOSE OF INSTALLING,
MAINTAINING,OPERATING,AND REPLACING
PUBLIC UTILITIES: MANHOLES AND
SANITARY SEWER LINES ON 9TH AVENUE IN
THE CITY OF PORT ARTHUR.
WHEREAS,the future site of the Health Department is currently under construction; and,
WHEREAS, a project for the installation of sanitary sewer pipes is currently underway to
increase service to the area; and,
WHEREAS, due to the amount of underground utilities in the area, installing new
manholes and sanitary sewer lines has presented a challenge; and,
WHEREAS, BCP Diversified, Ltd. owns land on 9th Avenue and is willing to grant a
utilities easement that is needed for the purpose of installing,maintaining,operating,and replacing
public utilities: manholes and sanitary sewer lines 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 facts and opinions in the preamble are true and correct; and,
THAT,the City Manager of the City of Port Arthur is hereby authorized and instructed to
execute and accept a utilities easement from BCP Diversified, Ltd. for the purpose of installing,
maintaining, operating, and replacing public utilities: manholes and sanitary sewer lines under,
through, and across a portion of their property in the City of Port Arthur in substantially the same
form as described in Attachment"A", attached and made a part hereof; and,
THAT, said utilities easement shall be filed for record in the office of the County Clerk of
PR No. 23141
4/28/23 bw
Page 2 of 2
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
Councilmembers:
NOES:
Thurman Bill Bartie
Mayor
ATTEST: APPROVED AS TO FORM:
OVAL-��
Sherri Bellard alecia Tiz o
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton Calvin Matthews, P.E.
City Manager Water Utilities Director
ATTACHMENT "A"
(Easement Agreement)
UTILITIES EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
THAT, BCP Diversified, Ltd., 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 manholes and sanitary
sewer 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.
BCP Diversified, Ltd.
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 "B"
(Metes&bounds description and sketch by Soutex Surveyors)
TBPE Firm No.F-5755
TBPLSOUTEX Firm No.10123800
LA EF.0005711
C 3737 Doctors Drive
Port Arthur,Texas 77642
SURVEYORS&ENGINEERS Office(409)983.2004
Fax(409)983.2005
0.1567 ACRE OF LAND
FOR 15' WIDE UTILITY EASEMENT
PART OF LOT 8, BLOCK 9, RANGE "I"
PORT ARTHUR LAND COMPANY SUBDIVISION
JEFFERSON COUNTY, TEXAS
BEING 0.1567 acre of land, for 15' wide utility easement purposes, part of Lot 8, Block
9, Range "I", Port Arthur Land Company Subdivision, recorded in Volume 1, Page 22,
Map Records, Jefferson County, Texas; being part of a(Called 2.7089) acre tract of land
described in a deed to BCP Diversified Limited, recorded in File No. 2007045483,
Official Public Records, Jefferson County, Texas, and part of a tract of land described in
a deed to BCP Diversified, LTD, recorded in File No. 2007046399, Official Public
Records, Jefferson County, Texas; said 0.1567 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 "Arceneaux & Gates", found
on the intersection of the Southwest right-of-way line of 9th Avenue, and the Northwest
right-of-way line of 57th Street, for the most easterly corner of the (Called 2.7089) acre
tract, and the most easterly corner of the herein described tract; said capped rod having
coordinates of N: 13921563.23, E: 3565146.52;
THENCE, South 36 deg. 38 min. 19 sec. West (Called South 41 deg. 13 min. 25 sec.
West), on the Northwest right-of-way line of 57th Street, a distance of 15.00' to a point
for the most southerly corner of the herein described tract; from which a half-inch steel
rod found on the common line of Lots 7 and 8, Block 9, Range "I", for the most easterly
corner of a tract of land described in a deed to Donna D. Farnham Revocable Living
Trust, recorded in File No. 2018021778, Official Public Records, Jefferson County,
Texas, bears South 36 deg. 38 min. 19 sec. West, a distance of 585.08';
THENCE, North 53 deg. 19 min. 27 sec. West, 15' southwesterly of and parallel to the
Southwest right-of-way line of 9th Avenue, a distance of 454.94' to a point on the
Southeast line of a (Called 1.1478) acre tract of land described in a deed to SBA
Structures, Inc., recorded in File No. 2008012449, Official Public Records, Jefferson
County, Texas, for the most westerly corner of the herein described tract; from which a
half-inch steel rod found for the most southerly corner of the (Called 1.1478) acre tract,
bears South 36 deg. 39 min. 08 sec. West, a distance of 385.23';
THENCE, North 36 deg. 39 min. 08 sec. East, on the Southeast line of the (Called
1.1478) acre tract, a distance of 15.00' to a half-inch steel rod found on the Southwest
right-of-way line of 9th Avenue, for the most northerly corner of the herein described
tract;
THENCE, South 53 deg. 19 min. 27 sec. East, on the Southwest right-of-way line of 9th
Avenue, a distance of 454.93' to the POINT OF BEGINNING, and containing 0.1567
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. 5481 on April 26, 2022.
City of Port Arthur
21-1001 Xi"r
CLIENT: CITY OF PORT ARTHUR
DONNA D. FARNHAM
REVOCABLE LIVING TRUST SCALE: 1" = 80'
F.# 2018021778, O.P.R.J.C.
LOT 7 .„,..—P A.L.CO LOT LINE 0 40 80
LOT 8
FOUND 1/2"
STEEL ROD FOUND 1/2"
H STEEL ROD
inc).00
in (CALLED 2.7089 ACRES) 7
I— 3 BCP DIVERSIFIED LIMITED °F �'O�G. cJ
LLi a �� F.# 2007045483, O.P.R.J.C. Qp'9.S�F\F�°. . N Lu z
Ct JF 99 o
N I m 0.1567 ACRE OF LAND �0Q o 0�6� o 00 L o
a ;� 15 ' WIDE UTILITY EASEMENT �° 1-
r o v, PART OF LOT 8, BLOCK 9 F z
00• — N
`n `° RANGE "I PORT ARTHUR a h
LAND COMPANY SUBDIVISION ?' J`�'O
JEFFERSON COUNTY, TEXAS ° <N o
N 5319'27" W 454.94' i N u..:
_. J SOUTHWEST R.O.W. LINE tii _
S 53'19'27" E 454.93'
POINT OF BEGINNING FOUND 1/2"
STEEL ROD
FOUND 1/2" STEEL ROD 9TH AVENUE
CAPPED "ARC Sc GATE" ( PUBLIC R.O.W. VARIES )
N:13921563.23
E:3565146.52
Line Table
LINE # BEARING CALLED DISTANCE
L1 S 36'38'19" W S 4113'25" W 15.00'
A = POINT FOR CORNER L2 N 36'39'08" E 15.00'
DESCRIPTION OF SERVICES: LOCATE CORNERS FOR U1IUTY EASEMENT
SURVEYOR'S CERTIFICATION:
The undersigned does hereby certify that this survey was this day 04/28/202$ 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.
The above tract being located at (VACANT) 9TH AVENUE. PORT ARTHUR, TEXAS 77642
and being described as 0.1567 ACRE OF LAND, PART OF LOT 8, BLOCK 9. RANGE "I", PORT ARTHUR LAND COMPANY SUBDIVISION
as recorded in Volume ____I_, Page(s) 22 of the MAP Records of JEFFERSON County, Texas. In accordance with the Insurance Rate
Map of the Federal Emergency Management Agency, map reference shown, the subject tract lies in the flood zone noted. Location 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 & BOUNDS `CIO a G. I.- .
DESCRIPTION OF EVEN DATE
TO ACCOMPANY THIS PLAT RANDALL ALVEY CREEL
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6678
SURVEYORS NOTES
FEMA Flood Zone: B 1. BEARINGS, COORDINATES, DISTANCES AND ACREAGE ARE BASED ON THE TEXAS
COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, U.S. SURVEY FEET, AND
ARE REFERENCED TO SMARTNET, NORTH AMERICA
COIT1IT1llIllt Panel NO.: 2. TEXAS 811—CALL SHOULD BE DONE PRIOR TO ANY DIGGING OR CONSTRUCTION IN r ki..?F rF ,
485499-0030—E 3. THIS S RVEYCASE OFDER DOESOUND NOT WARRANT OWNERSHIP. THERE MAY BE EASEMENTS, OR •/`-<re S rE,Pt 9 •
OTHER MATTERS NOT SHOWN. • CO G .N
4. THIS SURVEY WAS COMPLETED WITHOUT THE BENEFIT OF A TITLE REPORT RANDALL ALVEY CREEL
Panel Date: 4/17/1984 _
tripry 1}� 3737 Doctors Drive 1) 6678 f
_ Port Arthur,Texas 77642 < r
Project No. 21-1001 —' O .'�O".ESS% r
'" f \ SURVEYORS ENGINEERS Tel.409.983.2004 L v .
Drawn By: M M G 11 I,L Fax 409.983.2005 $V R
T.B.P.E. FIRM /5755 soutexsurvegors.com
T.X.LS FIRM f10123800
\\Soutex\SoutexServer\Data\1 SoutexProjects\2021\21-1001 Bore' — BCP Diversified\DWG\21-1001—Easement.dwg Apr 1'), 2023-3:48pm Travis
EXHIBIT "C"
(Acceptance of Easement)
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