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Home My WebLink AboutPR 12242 SUN NLFinteroffice MEMORANDUM To: From: Date: Subject: Mayor, City Council, City Manager Mark T. Sokolow, City Attorney /~,~ ~ June 20, 2003 P. R. NO. 12242; Council Meeting of June 24,2003 Attached is P. R. NO. 12232 authorizing the City of Port Arthur Section 4 A Economic Development Corporation Executive Director to close on the purchase agreement with Sun NLF, a Limited Partnership. We are waiting for the legal descriptions on the 25' landscaping easements and on the utility easements. We should receive them at or before the Council Meeting. MTS/ts Attachment z.pri2242.memo P. R. NO. 12242 06/20/03 ts RESOLUTION NO. A RESOLUTION AUTHORIZINO THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION EXECUTIVE DIRECTOR TO CLOSE ON THE PURCHASE AGREEMENT WITH SUN NLF, A LIMITED PARTNERSHIP WHEREAS, the City Council adopted Resolution No. 03- 119 authorizing the purchase of approximately 38,150 square feet of land for a right-of-way and a landscaping easement of 25' on both sides of the road for $114,300; and WHEREAS, the purchase agreement is attached as Exhibit "A"; and WHEREAS, the borders of the landscaping easement that are the most distant from the roads shall be coincident with the building set-back lines for property abutting Jimmy Johnson Boulevard; and WHEREAS, therefore, the building set-back lines shall be measured from the property line (road right-of-way) and no building or parking areas shall be in the landscape easements; and WHEREAS, these set-back requirements comply with the City Zoning Ordinances; and WHEREAS, additional land {5,375 square feet) is needed for a total of .905 acres or 43,560 square feet for the z .pr12242 road, price to $130,680; and WHEREAS, there is and WHEREAS, as described in Exhibit ~'B", raising the purchase a need to obtain utility easements; the City will obtain the roadway and landscaping easements as described in Exhibits "B" and "C", as well as the utility easements, as described in Exhibit NOW THEREFORE, BE IT THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City of Port Arthur Section 4A Economic Development Corporation Executive Director is authorized to close on the purchase agreement for the road, utility easements and landscaping easement with Sun NLF for $ 130,680. Section 3. That the Economic Development Corporation Executive authorized to sign such closing documents as by the City Attorney. RESOLVED BY THE CITY COUNCIL OF City of Port Arthur Section 4A Director is are approved Section 4. That Sun NLF will agree to the changes in the purchase agreement by signing this Resolution. z.pr12242 Section 5. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND A~PROVED on this __ day of , A.D., 2003, at a Regular Meeting of the City Council of the City of Port Arthur, vote: AYES: Mayor , Council: Texas, by the following City NOES: ATTEST: OSCAR ORTIZ, MAYOR EVANGELINE GREEN, CITY SECRETARY APPROVED AS TO FORM: MARK T. SOKOLOW, CITY ATTORNEY APPROVED FOR ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER AGREED TO: SUN NLF, A LIMITED PARTNERSHIP DATE: Z .pr12242 EXHIBIT "A" ~3 12=1Sp Sheri Rrnold Properties · STERLIN~ AssETS ~'I'UE 08:$? FAX e0~ 488 33~ A,S ~$Oc~TIolt O~ , IMPROVED PROPERTY COUMERO~L CONTRACT ~) OOi~,. 3 Z, PROP~; idli~shC lanio~e~ ot h~s assignees can access Jl~y Johnson ~o~evard 03 l~:l~p Sheri 8rnold Properties 408 833 51~5 ~ ooo Rp*r 28 03 12:16p Sheri Rrnold Properties 408 833 bico p.~ ~00~ S'I'ERL lEG ASSETS ~.~ ~ .,f /- tim. old propertLes ,¢O9 833 51:.'b Rp*r ~9 0:3 12:16p Sheri ~OOl~'6 b'~ BWEr- ~]ooe I See ~tbit 'D' Pa;e $ o! 10 Sher'i ~rnold proper~ie~ ' ' STI~RLII~G ASSETS (l'A,q,~ IG1 ) 1~-~-90 TAII P.O. 8pp a9 03 la:l?p pi~?oflO pltOa 9 oi TO ,[ O'AP,-T~O 1 ) 11.G,.~ 'EMI. P.D. Ooz 22La. Auldn. ~ T8760-2~4~ A~T ROV,~.D BY: ~ OF I'~It'~ AI~TItUu Rpr~28 03 1~: ~oJ.2 I~Ol~) ' * ' HO.'78~ ~1~ Wi111~0 GEao, b. P. ~ro~ect. Eco~mic D~elo~'t-Co~rati~ ~Y o~ear ~ g~ th~ 100' (~,) the road. The City of Port Arthur ~ection 4A Economic DevelopmCn~ Corporation vi11 pr~i~e ~e (1) c~r~a=ea med~ o~en~n~ ~o aG ~r ~0 g~e'c~iu ~eei~ Sellers ~Y, at ~he:lr ~tion ~"~ if p~eer ~s ~Llin~ ~CCUaC~ ~ 0ale o~ ~ P~e~y by m~"~ o~ ~ e~ch~ge of ~alifie~ int~e~ia~ as provi~e~ ~= ~1 ~enue v~ Se~e~ to effect a like-~ ~, pr~d~ ~e~,4~ea to pa~C~cil;a~e ~n ~y e~ee~en~ c~oe~g; {b) m~Zl not ~c ~liga~:ad co ep~ ~y a~ a= ~n~ ~y ~eee in ~c~aer ~su~t t~ thid A~e~t. ~ra~e~ ~eo ~ ~ Sellers to ~rc~mer shall ~llify for a liko-ki~ ~xc~gc. ~rchaeer and 6elle::s a~ee c~ such cc-free ~li~icaci= io whet~r or not such ex~ge does ~ali~y will ~va no e~fecC on STERLING ASSETS 04/29/03 ~ 09:05 FAX 60~ t.h~t ~ro',~.aic~..s ~£ tbis J,~j~e. emsnr, o~ ~ th* aa~m o~ ~ ~8reon, ~d ~ ~F ~tncat~o th~ l~ocap~ng.. ~rior to ~ ~ic ~vel~ Co~o~ti~ ~Y l~daca~ ~his area ~d {~) ~o et~z wt11 ~ pl,~e~ tn the l~sc~tn~ e~ment ~c~out (9) ~ ~e ~E ~e ~L~dacapin~ ~e~nC ~t ara ~e most f~ the road shall ~ co~ncidcnt w~ch t~ build~ net back l~nes for ~roperty ;~c~n~ Ji~ j~on Bouleva~- EXHIBIT "B" ARCENEAUX & GATES Consulting Engineers, Inc. Engineers · Surveyors · Planners EXHIBIT aA" PARCEL 4 PROPOSED 100 FEET WIDE RIGHT-OF-WAY METES AND BOUNDS DESCRIPTION OF 0.905 ACRES OF LAND SITUATED IN LOT 4, BLOCK 12, RANGE "J", PORT ARTHUR LAND COMPANY SUBDMSION PORT ARTHUR, JEFFERSON COUNTY, TEXAS Being a 0.905 acre tract or parcel of land, a portion of that certain tract of land (called Tract 1 - 125.984 acres) as conveyed by deed to SUN NLF, Ltd., recorded in Clerks File No. 9537634 of the Official Public Records of Real Property, County Clerks Office, Sefferson County, Texas as situated in and a part of Lot 4, Block 12, Range "J" of the Port Arthur Land Company Subdivision, recorded in Volume I, Page 22 of the map or plat records of said County, said 0.905 acre tract being more particularly described by metes and bounds as follows; FOR LOCATIVE pURPOSES, commence at a concrete monument with disc found located on the common range line of Range "J' and Range "K" and the common Block line of Block I 1 and Block 12, this point also marks the lower Southeast comer of said 150.192 acre tract and the Southwest comer of that certain tract of land (called Tract 1 - 125.984 acres) as conveyed by deed to SUN NLF, Ltd., recorded in Clerks File No. 9537634 of said Official Public Records; TFIENCE North 48 deg. 47 min. 00 sec. West along the common line Ranges "~I" and "K" with the common line of said 150.192 and 125.984 acre tract a distance of 331.32 feet to a ½, steel rod set marking the Southwest comer and PLACE OF BEGINNING of the herein described tract of land; THENCE North 48 deg. 47 min. 00 sec. West along said common lines with the West line of this tract a distance of 109.04 feet to a ½" steel rod set marking the Northwest comer of the herein described tract of land; THENCE departing said common lines along the North line of this tract and a curve to the Left having a radius of 950.00 feet, a central angle of 23 deg. 52 min. 09 sec., an are distance of 395.77 feet, a chord distance of 392.91 feet and a chord bearing of North 54 deg. 03 min. 38 sec. East to a ½" steel rod set located on an Easterly line of said 125.984 acre tract marking the Noa. heast comer of the herein described tract of land, this point also being located on the West line of that certain tract of land (called 3.03 acres) as conveyed by deed to Sabine Neches, Inc, recorded in Clerks File No. 1999017733 of said Official Public Records; l/2 One Tu.,Ue Creek Square 3501 Turtle Creek Drive. Suite 102 Pozt Arthur, Texas 77642 (409) 724-7888 FAX (409) 724-1447 THENCE South 48 deg. 35 min. 27 sec. East (South 48 deg. 49 min. 55 sec. East - Deed) along the East line of said 125.984 acre tract and East line of this tract with the West line of said 3.03 acre tract, passing at a distance of 10.00 feet the Southwest comer of said 3.03 acre tract and the Northwest comer of that certain tract of land (called 0.836 acres) as conveyed by deed to Mark Hayes, recorded in Clerks File No. 2001008474 of said Offieiai Public Records, passing at a distance of 90.00 feet the Southwest comer of said 0.836 acre tract and the Northwest comer of that certain tract of land (called 1.823 acres) as conveyed by deed to said Mark Hayes, recorded in Clerks File No. 9431263 of said Official Public Records and continuing for a total distance of 100.01 feet to a ~A" steel rod set marking the Southeast comer of the herein described tract of land; THENCE along the South line of this tract with a curve to the Right having a radius of 1050.00 feet, a central angle of 21 deg. 26 min. 34 sec., an arc distance of 392.96 feet, a chord distance of 390.67 feet and a chord bearing of South 52 deg. 46 min. 45 see. West to the Southwest comer and PLACE OF BEGINNING and containing in area 39,430 square feet or 0.905 acres of land, more or less. Surveyed: June, 2003 /~~ Job No.: 03-CEC-010-4 ~pl-~lL aodges, 1LP L S~583 ~:a~'-o~ Note: Plat accompanies Metes and Bounds description Bearings referenced to the common Range line of Range J and K of the Port Arthur Land Company Subdivision - Volume 1, Page 22 map records, Jefferson County - North 48 deg. 47 min. 00 sec. West ~" steel rods set with cap marked ARCENEAUX & GATES 2/2 C:hM&BX200~J.CraC-010-4.~1o* EXHIBIT "C" LANDSCAPING EASEMENT STATE OF TEXAS § ElbOW ALL MEN BY THESE pRESENTS CO~]NTY OF JEFFERSON § That we, Sun NLF, for and in consideration of the sum of TEN AND NO/100 - ($10.00) DOLLARS and other valuable consideration to us paid by the Grantee herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD ~ CONVEYED, and by these presents do GRANT, SELL AND CONV~Y unto the City of Port Arthur Section 4A Economic Development Corporation a landscaping easement in the real property in Jefferson County, Texas, described in Exhibit 'A#. The nature of the landscaping easement will be at the discretion of Sun NLF, so long as buildings or structures are not located thereon, and Sun NLF maintains the landscaping. Prior to any construction by Landowner, Sun NLF, on his remaining property and at the option of the City of Port Arthur Section 4A Economic Development Corporation, the City of Port Arthur Section 4A Economic Development Corporation may landscape this area and maintain it. No signs will be placed in the landscaping easement without the permission of Sun NLF, the City of Port Arthur and the City of Port Arthur Section 4A Economic Development Corporation. This does not include temporary ~For Sale" signs, which can be placed on this property. The borders of the landscaping easement that are the most distant from the road shall be coincident with the building set back lines for property abutting Jimmy Johnson Boulevard. This landscaping easement is executed, delivered and accepted subject to all and singular any liens securing the payment of any debt created or assumed in connection herewith and described herein; ad valorem taxes for the current and all subsequent years; taxes for subsequent assessments for the current and prior years due to changes in z.iasis_land$caping easement_sun nlf land usage, ownership, or both; all statutes, zoning laws, ordinances, rules and regulations of municipal and/or other governmental authorities, including state and federal, utility district assessments, if any, applicable to and enforceable against the above described property; and all valid easements, restrictions, mineral and/or royalty reservations and maintenance fund liens, if any, applicable to and enforceable against the above described property as shown by the Records of the County Clerk of the County in which said real property is located. TO HAVE AND TO HOLD the said premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Grantee, its successors and assigns forever; and we do hereby bind ourselves, our heirs, executors and administrators, to W~ AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever claiming or to claim the same or any part thereof. EXECUTED this __ day of , 2003. SUN NLF BY~ THE FOLLOWING IS THE ADDRESS APPLICABLE TO EACH GRANTEE HEREIN: P. O. Box 1089 Port Arthur, TX 77641-1089 z.iasis_landscaping easement_sun nlf AC~O~EDG~4ENT STATE OF ~ COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared 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 of Sun NLF. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the , 2003. day of Notary Public, in and for the State of RETURN TO: CITY OF PORT ARTHUR ATTN: Mark Sokolow City Attorney P. O. Box 1089 Port Arthur, TX 77641-1089 z.iasis_landscaping easement_sun nlf EXHIBIT "D" THE STATE OF TEXAS, COUNTY OF JEFFERSON EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT Sun NLF, a Limited Parmership, hereinafter called GRANTOR, for and in consideration of the sum of TEN AND NO/100 ($10) DOLLARS cash and other consideration to us in hand paid by the City of Po~t Arthur, Texas, a Municipal Corporation, (hereinafter called the "City") and/or by the City of Port Arthur Section 4A Economic Development Corporation as well as other good and valuable considerations, receipt of all of which is hereby acknowledged and confessed, have granted, sold and convey and by these presents do grant, bargain, sell and convey unto the said City of Port Arthur, Texas, a right, privilege and Easement in, under, and across the tract of land situated in Jefferson County, Texas, described in Exhibit "A". Said Easement shall be for the purpose of constructing, installing, laying, maintaining, and repairing a line or lines for utility purposes and it is granted subject to these provisions: I. It is expressly understood and agreed that the City shall have the right of ingress to and egress fi.om the above described tract of land for the aforesaid purposes of this Easement. 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 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., 2003. Sun NLF, a Limited Partnership By: APPROVED AS TO FORM: City Attorney ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally appeared · 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 of Sun NLF, a Limited Partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of · 2003. Notary Public, in and for the State of. RETURN TO: CITY OF PORT ARTHUR ATTN: Mark Sokolow City Attorney P. O. Box 1089 Port Arthur, TX 77641-1089