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HomeMy WebLinkAboutPR 23359: ACCEPTING A PUBLIC WATER AND WASTEWATER UTILITY EASEMENT FROM H&P ENGINEERING & CONSTRUCTIONS, INC. L i City of urt rthu Texas INTEROFFICE MEMORANDUM Date: September 27, 2023 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Calvin Matthew, P.E., Water Utilities Director RE: PR No. 23359—Accepting a Public Water and Wastewater Utility Easement from H&P Engineering& Constructions, Inc. for the Willow Lane Townhomes Development Introduction: The intent of this agenda is to accept a public Water and Wastewater Utility Easement of Willow Lane Townhomes from H&P Engineering & Construction, Inc., The purpose of accepting this easement is to maintain, operate, and replace the water and sewer line. Background: H&P Engineering& Construction, Inc. built an association of townhomes, described as Willow Lane Townhomes. A public water and wastewater easement is needed for the purpose of installing, maintaining, operating, and replacing public water and sewer lines. Budget Impact: None. Recommendation: It is recommended that the City Council approve PR No. 23359, which accepts a public water and wastewater easement from H&P Engineering & Construction, Inc. as described/outlined above. "Remember,we are here to serve the Citizens of Port Arthur" PR No. 23359 9/27/2023 JL Page 1 of 3 RESOLUTION NO. A RESOLUTION ACCEPTING A PUBLIC WATER AND WASTEWATER UTILITY EASEMENT FROM H&P ENGINEERING & CONSTRUCTION, INC. FOR THE WILLOW LANE TOWNHOMES DEVELOPMENT WHEREAS,pursuant to Ordinance 20-58, as amended,the City entered into a Developer Participation Agreement with H&P Engineering&Construction,Inc. for the purpose of providing cost-sharing associated with the public infrastructure improvements for the development of Willow Lane Townhome on 4.658 acres of land located at 7800 Willowood Lane, Port Arthur, Texas; and, WHEREAS, pursuant to Resolution 23- , the City accepted the Contractor's Certificate and Release and Contractor's Certificate of Guarantee from H&P Engineering & Construction,Inc. for public infrastructure improvements relating to the Willow Lane Townhomes Development and authorized the City Manager to execute the Certificate of Acceptance; and, WHEREAS,the infrastructure improvements have been completed, and the City Council deems it appropriate to accept a public water and wastewater utility easement from the property owner: H&P Engineering & Construction, Inc. for the purpose of installing, maintaining, operating, and replacing public 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 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 public water and wastewater utility easement from H&P Engineering & Fr- PR No. 23359 9/27/2023 JL Page 2 of 3 Construction, Inc. for the purpose of installing, maintaining, operating, and replacing public utilities, 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 public water and wastewater 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 Councilmembers: NOES: . Thurman"Bill"Bartie Mayor ATTEST: APPROVED AS TO FORM: •4 PAica kekal Sherri Bellard Valecia Ti -no City Secretary City Attorney PR No. 23359 9/27/2023 JL Page 3 of 3 APPROVED FOR ADMINISTRATION: Ronald Burton Calvin Matthews, P.E. City Manager Water Utilities Director ATTACHMENT "A" (Easement Agreement) WATER UTILITIES EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT, H&P Engineering & Construction, Inc., 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. 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. H&P Engineering & Construction, Inc. 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&Engineers,Inc) EXHIBIT "A" (Metes&bounds description by Soutex Surveyors&Engineers,Inc) TBPE Firm No. F-5755 tt TBPLS Firm No.10123800 OUTEX 3737 Doctors Drive Port Arthur,Texas 77642 SURVEYORS&ENGINEERS Office(409) 983.2004 Fax(409)983.2005 EXHIBIT"A" TRACT I 0.5095 ACRE OF LAND OUT OF BLOCK 12,RANGE "G", PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY,TEXAS BEING 0.5095 acre of land, for Water and Wastewater Utility Easement purposes, out of and a part of Lots 3, 4, 5 and 6, Block 12,Range "G", Port Arthur Land Company Subdivision, City of Port Arthur, recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas; being part of a (Called 4.662) acre tract of land described in a deed to H & P Engineering & Construction, Inc., recorded in File No. 2005008857, Official Public Records, Jefferson County, Texas; said 0.5095 acre tract being more fully described by metes and bounds as follows,to wit: COMMENCING at a Y2" steel rod, capped and marked "SOUTEX", found for the Northerly corner of the (Called 4.662) acre tract on the Southeast right of way line on the dedicated road named Rice Farm Road; said 1/2" steel rod being the most Westerly corner of Block 3, Landsdowne Estates, recorded in Volume 12, Page 88, Map Records, Jefferson County, Texas, having a Texas Coordinate of N: 13929043.12,E: 3560830.53; THENCE, South 33 deg., 03 min.,47 sec., West (Called South 37 deg.,23 min., 44 sec., West), on the Southeast right of way line of said Rice Farm Road, same being the Northwest line of the (Called 4.662') acre tract, a distance of 73.72' to a point for corner being the POINT OF BEGINNING and most Northerly corner of the herein described tract, having a Texas Coordinate of N: 13928981.34,E: 3560790.31; THENCE, South 53 deg., 07 min., 13 sec., East, a distance of 367.88' to a point for corner; THENCE,North 36 deg., 52 min.,47 sec., East, a distance of 73.90' to a point for corner, on the Southwest line of said Landsdowne Estates, same being the Northeast line of the (Called 4.662) acre tract; THENCE, South 53 deg., 10 min., 28 sec., East (Called South 48 deg., 47 min., 00 sec., East), on the common line of said Landsdowne Estates and the (Called 4.662) acre tract, a distance of 15.00' to a point for corner; from which a %2" steel rod, capped and marked "SOUTEX", found for the most Easterly corner of the (Called 4.662) acre tract, bears South 53 deg., 10 min., 28 sec.,East(Called South 48 deg.,47 min., 00 sec.,East), a distance of 69.66'; THENCE, South 36 deg., 52 min.,47 sec., West, a distance of 355.88' to a point for corner; THENCE, South 53 deg., 07 min., 13 sec., East,a distance of 69.04' to a point for corner on the Southeast line of the (Called 4.662) acre tract, same being the Northwest line of Landsdowne Place Condos, recorded in Volume 2C, Pages 184 & 185, Condominium Records, Jefferson County,Texas; • THENCE, South 36 deg., 58 min., 45 sec., West(Called South 41 deg., 13 min.,00 sec., West), on the Southeast line of the (Called 4.662) acre tract, same being the Northwest line of said Landsdowne Place Condos, a distance of 15.00' to a point for corner; from which a '/2" steel rod, capped and marke "SOUTEX", found for a common corner of the (Called 4.662) acre tract and said Landsdowne Place Condos on the Northeast right of way line of the dedicated road named Willowood Lane, bears South 36 deg., 58 min., 45 sec., West (Called South 41 deg., 13 min., 00 sec., West), a distance of 89.94'; THENCE, North 53 deg., 07 min., 13 sec., West, a distance of 432.09' to a point for corner on the Southeast right of way line of said Rice Farm Road; said point for corner being on the Northwest line of the (Called 4.662) acre tract and being the most Westerly corner of the herein described tract; THENCE, North 33 deg., 03 min., 47 sec., East (Called North 37 deg., 23 min., 44 sec., East), on the Southeast right of way line of said Rice Farm Road, same being the Northwest line of the (Called 4.662)acre tract, a distance of 15.03' to a point for corner; THENCE, South 53 deg., 07 min., 13 sec., East, a distance of 187.90' to a point for corner; THENCE,North 36 deg., 52 min., 47 sec., East, a distance of 40.93' to a point for corner; THENCE, South 53 deg., 07 min., 13 sec., East, a distance of 10.00' to a point for corner; THENCE, South 36 deg., 52 min., 47 sec.,West, a distance of 40.93' to a point for corner; THENCE, South 53 deg., 07 min., 13 sec., East, a distance of 31.17' to a point for corner; THENCE,North 36 deg., 52 min., 47 sec., East, a distance of 40.93' to a point for corner; THENCE, South 53 deg., 07 min., 13 sec.,East, a distance of 10.00' to a point for corner; THENCE, South 36 deg., 52 min.,47 sec., West, a distance of 40.93' to a point for corner; THENCE, South 53 deg., 07 min., 13 sec., East, a distance of 31.83' to a point for corner: THENCE,North 36 deg., 52 min.,47 sec., East, a distance of 40.93' to a point for corner; THENCE, South 53 deg., 07 min., 13 sec., East, a distance of 10.00' to a point for corner; THENCE, South 36 deg., 52 min., 47 sec., West, a distance of 40.93' to a point for corner; THENCE, South 53 deg.,07 min., 13 sec., East, a distance of 68.18' to a point for corner; THENCE,North 36 deg., 52 min., 47 sec., East, a distance of 107.34' to a point for corner; THENCE,North 53 deg., 07 min., 04 sec., West, a distance of 170.00' to a point for corner; THENCE,North 36 deg., 52 min., 47 sec., East, a distance of 15.00' to a point for corner; THENCE, South 53 deg., 07 min., 04 sec., East, a distance of 170.00' to a point for corner; THENCE,North 36 deg., 52 min., 47 sec., East,a distance of 144.62' to a point for corner; THENCE,North 53 deg., 07 min., 13 sec., West, a distance of 83.35' to a point for corner; THENCE, South 36 deg., 52 min.,47 sec., West, a distance of 35.89' to a point for corner; THENCE,North 53 deg., 35 min., 46 sec., West, a distance of 10.00' to a point for corner; THENCE,North 36 deg., 52 min., 47 sec.,East, a distance of 35.98' to a point for corner; THENCE,North 53 deg., 07 min., 13 sec., West, a distance of 29.63' to a point for corner; THENCE, South 36 deg., 52 min., 47 sec., West, a distance of 35.92' to a point for corner; THENCE,North 53 deg., 35 min.,46 sec., West, a distance of 10.00' to a point for corner; THENCE,North 36 deg., 52 min., 47 sec., East, a distance of 36.00' to a point for corner; THENCE,North 53 deg., 07 min., 13 sec., West, a distance of 31.83' to a point for corner; THENCE, South 36 deg., 52 min., 47 sec., West, a distance of 36.12' to a point for corner; THENCE, North 53 deg., 35 min., 46 sec., West, a distance of 10.00' to a point for corner; THENCE,North 36 deg., 52 min., 47 sec., East, a distance of 36.20' to a point for corner; THENCE, North 53 deg., 07 min., 13 sec., West, a distance of 192.07' to a point for corner on the Southeast right of way line of said Rice Farm Road; said point for corner being on the Northwest line of the(Called 4.662) acre tract; THENCE, North 33 deg., 03 min., 47 sec., East (Called North 37 deg., 23 min., 44 sec., East), on the Southeast right of way line of said Rice Farm Road, same being the Northwest line of the (Called 4.662) acre tract, a distance of 15.03' to the POINT OF BEGINNING and containing 0.5095 acres of land, more or less. TRACT II 0.0921 ACRE OF LAND OUT OF BLOCK 12,RANGE "G" PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY,TEXAS BEING 0.0921 acre of land for Water and Wastewater Utility Easement purpose, out of and a part of Lot 4,Block 12, Range "G", Port Arthur Land Company Subdivision, City of Port Arthur,recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas, being part of a tract of land described in a deed to H &P Engineering& Construction, Inc.,recorded in File No. 2005008857, Official Public Records, Jefferson County, Texas; said 0.0921 acre tract being more fully described by metes and bounds as follows,to wit: COMMENCING at a '/2" steel rod, capped and marked"SOUTEX", found for the most Northerly corner of the (Called 4.662) acre tract on the Southeast right of way line of the dedicated road named Rice Farm Road; said `'/" steel rod being the most Easterly corner of 1 Block 3, Landsdowne Estates, recorded in Volume 12, Page 88, Map Records, Jefferson County, Texas, having a Texas Coordinate of N: 13929043.12, E: 3560830.53; THENCE, South 33 deg., 03 min., 47 sec., West(Called South 37 deg.,23 min., 44 sec., West), on the Southwest right of way line of said Rice Farm Road, same being the Northwest line of the (Called 4.662) acre tract, a distance of 88.75' to a point for corner being the most Westerly Northwest corner of a 0.5095 acre tract of land surveyed this date; THENCE, South 53 deg., 07 min., 13 sec., East, on a portion of the Northwest line of the 0.595 acre tract, a distance of 84.19' to a point for corner being the POINT OF BEGINVINING and most Northerly corner of the herein described tract,having a Texas Coordinate of N: 13928918.22,E: 3560849.45; THENCE, South 53 deg., 07 min., 13 sec., East, continuing on a portion of the Northwest line of the 0.5095 acre tract, a distance of 15.03' to a point for corner being the most Easterly corner of the herein described tract; THENCE, South 33 deg., 03 min., 50 sec., West, a distance of 267.55' to a point for corner on a portion of the Southerly line of the 0.5095 acre tract; said point for corner being the most ISoutherly corner of the herein described tract; THENCE, North 53 deg., 07 min., 13 sec., West, on a portion of the Southerly line of the 0.5095 acre tract,a distance of 15.03' to a point for corner; THENCE ,North 33 deg., 03 min., 50 sec., East, a distance of 267.55' to the POINT OF BEGINNING and containing 0.0921 acre of land, more or less. This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on October 1, 2015. Willow Lane Townhomes/City of Port Arthur LS-21-0421-2 • /0"...°11,,_,0....,i.;.0..i r.i.ic...\, ,,, TH s , 0 LEG R %'. 481 ,A.r h,l;•0 Pessi• :f©�r v EXHIBIT "B" (Survey Drawing by Soutex Surveyors&Engineers,Inc) -\,I . .AI SaAnNOwtA2021W-01a NM•s.La.ID.e...\oa\n-0n-u.rwv•.0%ba-ea..am,or. 1 I i i i 1 i i 1 i i 1 1 ! !!i • i iflr 11 114 s !Will if1 l rrfp( ; 1f 1 I •�.i g= ■ e ■ a ■ e ■ e ■ e • • ■ e • 1f ■ � I 111 1 l 1 l 1 ; ; 1 1 1 I t ! f I f l lit; t; ! of; I tt 11 I I Ili f pia; p . R,V" c e e a r a a a a e e a e e f■ if is wilt■ l�le c i I'if; a a f e -Air •;1,r f gg ;$ P. I I I I I 1 I 1 1 1 1 f I ii1 1 .t it r1 ` ► ► •�l.r i�1 1 i iil i f 44 f Ida. g' ; ; ; e a I!' 111•/ a ]itc f • S;R rl r' �e I i• e! 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N 3rarar E 1MSY d a {3e37ar E sip. ��Si �CCCC�mu� !%i s wars,-a' 355.SS' I —- 3�.nr r_ E Ea Nr--- --1 R 7 1 I I I I I g 11 1� I Ill I 1 vi I 11�7a�� I14 °a 56:FQ' a 1 a I I § e c m re-Pk P _ _ recto ual L- L- I$Y M p r ' S sisrtr. •f.94' -� !P N]Sae',5 E ]sa(a' c m a > z IN (PAUEa a atl Jee•M a L (CALLED N at,3'ar E) I I „. ——- Y] 6 00 P� m '' g N h Pad si" IIN \ 'aY FCy I 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