HomeMy WebLinkAboutPR 23565: DRAINAGE EASEMENT, PINEWOOD RESERVE APARTMENTS ,`d„ir„
City of
urt rIhlrt _
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: February 19,2024
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: John Cannatella,PE, Capital Project Engineer
RE: PR No. 23565: Authorizing the City Manager to accept a drainage easement out of Lots 14 and
15, Block 8, Hillcrest Second Addition in the City of Port Arthur, Jefferson County, for
stormwater drainage near the Pinewood Reserve Apartments on FM Highway 365 from JG Realty
and Investment,LLC.
Introduction:
The intent of this Agenda Item is to authorize the City Manager to accept an easement out of Lots 14 and 15, Block 8,
Hillcrest Second Addition in the City of Port Arthur,Jefferson County,to maintain storm water drainage located near the
Pinewood Reserve Apartments on FM Highway 365 from JG Realty and Investment,LLC.
Background:
The easement tract is legally described as being that certain tract of land containing 0.4848 acres more or less,out of and
a part of Lots 14 and 15,Block 8, Hillcrest Second Addition in the City of Port Arthur, Jefferson County, shall be used
for the purpose of providing stormwater drainage to an existing primary drainage ditch. The easement is adjacent to the
Pinewood Reserve Apartments on FM Highway 365.
Budget Impact:
N/A
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR No.23565 for the acceptance of easements out
of Lots 14 and 15,Block 8,Hillcrest Second Addition in the City of Port Arthur,Jefferson County,for drainage near the
Pinewood Reserve Apartments on FM Highway 365 from JG Realty and Investment,LLC.
"Remember,we are here to serve the Citizens of Port Arthur"
444 4t Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
C:\Users\jedwards\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\0215D95F\Agenda Memo JG Realty D,a.
PR NO.23565
2/19/2024 MJE
Page 1 of 2
RESOLUTION NO.
A RESOLUTION ACCEPTING AN EASEMENT FROM JG REALTY
AND INVESTMENT, LLC FOR STORMWATER DRAINAGE NEAR
THE PINEWOOD RESERVE APARTMENT ON FM HIGHWAY 365
OUT OF LOTS 14 AND 15, BLOCK 8, HILLCREST SECOND
ADDITION IN THE CITY OF PORT ARTHUR, JEFFERSON
COUNTY
WHEREAS, JG Realty and Investment, LLC, of Texas, for and in consideration of
the sum of Ten Dollars ($10.00) has agreed to grant, sell, and convey a portion of land
located near FM Highway 365 near the Pinewood Reserve Apartments to the City of Port
Arthur for the purpose of stormwater drainage; and,
WHEREAS, the easement tract is legally described as being that certain tract of
land containing 0.4848 acres, more or less, out of and a part of Lots 14 and 15, Block 8,
Hillcrest Second Addition in the City of Port Arthur, Jefferson County; and,
WHEREAS, said easement document is attached hereto as Exhibit "A", shall be
for the sole purpose of providing stormwater drainage to an existing drainage ditch as
specified in the survey; and
WHEREAS, the City Secretary shall record the original of said easement
documents in Jefferson County Deed Records; and,
WHEREAS, approval and acceptance of the easement is hereby deemed an
appropriate action; 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 Council of the City of Port Arthur hereby authorizes the City
Manager to accept the drainage easement from JG Realty and Investment, LLC, of Texas
in substantially the same form attached hereto as Exhibit "A"; and,
PR NO.23565
2/19/2024 MJE
Page 2 of 2
THAT, the City Secretary shall record the original of said easement documents in
Jefferson County Deed Records; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
READ, ADOPTED AND APPROVED this the day of , A.D.
2024 at a meeting of the City of Port Arthur, Texas, by the following
vote: Ayes: Mayor:
Councilmembers:
Noes:
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard, TRMC
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
Valecia Tizeno, Esq. Ronald Burton, CPM
City Attorney City Manager
John Cannatella, PE
City Engineer
PR NO.23565
2/19/2024 MJE
Page 3 of 3
Exhibit "A"
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
EASEMENT FOR STORM WATER DRAINAGE
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON •
§
That JG Realty and Investment, LLC, a Texas limited liability company
(hereinafter called "Grantor"), for and in consideration of the sum of Ten Dollars
($10.00) and other valuable consideration to the undersigned paid by Grantee hereinafter
named, as well as other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED
and by these presents does GRANT, SELL and CONVEY unto the City of Port Arthur,
Texas (hereinafter called "Grantees"), a municipality whose mailing address is PO Box
1089, Port Arthur, TX 77641, a right, privilege and drainage easement (the "Easement")
in, under and across the following described tract of land situated in Jefferson County,
Texas, to-wit:
BEING that certain tract of land containing 0.4848 acres, more or less, out of
and a part of Lots 14 and 15, Block 8, Hillcrest Second Addition in the City of Port
Arthur, Jefferson County, , Texas, and being more particularly described in Exhibit
"A" attached hereto and incorporated herein by reference (herein referred to as the
"Easement Tract").
Said Easement shall be nonexclusive and shall be for the sole and limited purpose of
providing Grantee the right to drain storm water on and across the Easement Tract and to
Grantor's existing and primary drainage ditch that is described in that certain Drainage
Easement dated April 24, 2017, executed by Jefferson County — Jacks Brooks Regional
Airport to and in favor of the City of Port Arthur, Texas and recorded under Clerk's File
Number 2017014022 of the Official Public Records of Jefferson County, Texas (the
"Primary Drainage Ditch"). Grantee shall further have the right to enter upon the
Easement Tract to dig and improve the drainage ditch located on the Easement Tract and
to construct drainage improvements and related drainage facilities on the Easement Tract,
including but not limited to, paving, culverts and drainage pipes, and to mow and
maintain the Easement Tract. Other than drainage improvements, Grantee shall not build
or place any structures on the surface of the Easement Tract unless approved in writing
by Grantor.
Grantee may not assign the Easement or its rights under this Easement Agreement and
nor may Grantee grant sub-easements, licenses or the right to any other person to use the
Easement or the Easement Tract without Grantor's prior written consent, which consent
may be granted or withheld in Grantor's discretion.
Grantee's use of the Easement and Easement Tract shall be at Grantee's sole cost,
risk and expense.
By acceptance hereof, Grantee agrees that it shall be solely responsible for
maintaining the Easement Tract and Grantee agrees to maintain the Easement Tract and
to keep the Easement Tract mowed and cleared of any debris, trash and other rubbish,
and to make such repairs and maintenance as may be needed from time so that water
draining into the Easement Tract can flow free and uninterrupted to Grantee's Primary
Drainage Ditch, and Grantee shall also make at its sole expense any required or desired
drainage improvements to the Easement Tract. Notwithstanding the foregoing, Grantor
reserves the right,but without any duty or obligation, to also maintain the Easement Tract
and to have the Easement Tract mowed, cleaned and to remove any trash and debris and
thus Grantor and its duly authorized agents, successors and assigns shall have the right at
any time to enter upon the Easement Tract and to take such action as they may desire in
their discretion to mow, clean and maintain the Easement Tract.
Grantor specifically reserves and retains for the benefit of Grantor and Grantor's
property located in the Hillcrest Second Addition in the City of Port Arthur, Texas, and
for the benefit of all successor owners and any tenants of such property or any portion
thereof, the right to use Easement Tract for drainage purposes and to develop the
Grantor's property located in the Hillcrest Second Addition in a manner so that storm
water flows and drains into the Easement Tract or onto Pinewood Drive and then on and
into the Easement Tract.
The rights granted herein to Grantee shall be exercised in such a manner as do not
interfere with Grantor's use, possession and occupancy of Grantor's remaining land and
property.
It is specifically agreed by and between Grantor and Grantee that Grantee and
Grantee's successors and assigns will and do hereby waive and release all claims against
Grantor, and the partners, managers, members, representatives, agents and trustees of
Grantor for injury to or death of persons or damage to property arising in any way from
the exercise of the rights granted to Grantee by this Easement or the activities of Grantee
or its employees, contractors or agents on the Easement Tract..
Grantee agrees that it finds and takes the Easement and the Easement Tract
"AS IS" and that the Grantor shall have no responsibility for any condition or
defect that exists on the Easement Tract, known or unknown, either apparent or not
apparent thereof.
Grantor shall have no duty to inspect, monitor, check or otherwise supervise,
review or enforce any of Grantee's responsibilities with respect to such Easement, and
Grantor's failure to do so shall in no way limit the liability of Grantee under this
Easement.
This agreement is an arms-length agreement between the parties. There are no
representations, disclosures, or express or implied warranties as to the condition of the
land or Property, or its marketability, habitability, or fitness for any purpose. This
Easement is conveyed to Grantee in an "as is, where is" condition with all faults. All
warranties are disclaimed.
TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns
forever.
Executed this day of ,2024.
JG Realty and Investment,LLC
By: ._.
Name:
Title:
APPROVED,ACCEPTED AND AGREED TO:
City of Port Arthur,Texas
By:
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
of JG Realty
and Investment, LLC, a Texas limited liability company,known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN under my hand and seal of office this day of . 2024.
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
its _._ of the City of
Port Arthur, Texas, a municipality located in the State of Texas, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN under my hand and seal of office this day of
,2024
Notary Public, State of Texas
AFTER RECORDING RETURN TO:
City of Port Arthur,Texas
Attention: City Attorney
PO Box 1089
Port Arthur,TX 77641
CLIENT: CITY OF PORT ARTHUR
FOUND I/2'
aN f W I
RESERVE PINEWOOD APARTMENTS
ICALLED 20170E16794,CT 1 - 13.726 0.P.R.J.ACRES G�1..
J I 50 1 1 Po3C I
THE RESERVE AT BLOCK 8 Q(1 05
I PINEWOOD ADDITION
SCALE: 1'=100 FOUND 1/2"-\Ir
POINT OF CABS JV,LLC STEEL ROD
BEGINNING STORMWATER DRAINAGE EASEMENT CAPPED'SAW
FOUND 1/2'ROD F..2017039550,O.P.R.J.C.
CAPPED'SAM LLC' N 36'41'00'E 369.00' N 36'4101E 50.52'
N:13924327.29 3119.00 1
E 3531516.08 er— N 36'41'00"E 315.32' L^ LZ r o TRACT 2
ry TEMPORARY GRADING EASEMENT
- U �., ` I §I� F./2017039549,O.P.R.JC.
•
S 36'41'00"W 340.54' f /
I �t� / I /� RESIDUE
0.4848 ACRE OF LAND l\Va /J III I JG REALTY AND INVESTMENTS.LLC
PART OF LOTS 14 & 15, BLit 8 1 1 �r n F.N 2014032543, O.P.R.J.C.
HILLCREST SECOND, ADDITION "ACRES" of
JEFFERSON COUNTY, TEXAS
ci Line Table
I (CALLED 1.479 ACRES) L� UNE I BEARING DISTANCE
Y- MAHENDRA SANGDOD n•
.
S F. 2022035947, O.P.R.J.C. � ;o o L1 S 5315'27'E 9.07'
Og _ _ _ — _1— a:
D: S 36'41'O0" W 368.87' �QQpaQS $n L2 S 5319'03"E 126.39'
W I o o L3 N 5318'04" W 177.44'
I�a Z u 5 L4 S 5318'04" E 60.00'
RESIDUE ._'a
JG REALTY AND INVESTMENT, LLC es
F. 2014032543, O.P.R.J.C. LL L5 N 53.23'49" W 227.77'
TRACT 1-'1
IB'�I�`t
'W 5I5 TEMPORARY 1 G i• Curve Table
$ EASEMENT Bi CURVE# ARC DIST RADIUS CHD BRNG CND DIST
F./201 039549 oI rc
4 0.P.R.JC. h F
Cl 29.50' 60.00' S 09T16'07"E 29.20'
'.g rn WI • X
; C2 31.43' 60.00' S 3811'43'E 31.08'
°ro 2c § U C3 60.94' 60.00' S 8216'10'E 58.36'
M CITY OF PIXRT ARTHUR a -
• 6gO z E• VOL P EASEMENT n a:
IS g r Z" VO 2226,PG.216,D.R.J.C. in g d
,R Ws I Z o
a owI6 ggoo SOUTHWESTERN BELL airs 15'WADE G.S.U.CO.EASEMENT
3a EASEMENTTELEPHONS COMPANY 56 I �VOL.1236,PG.140.D.R.J.C.
z
8 n � F,/2000017317,O.P.R.J.C. En r
`SOUTHWESTERN BELL
I
rr r TELEPHONE COMPANY 20'WIDE UTILITY EASEMENT
EASEMENT
s I I F.i 2000017316,O.P.R.J.C. / CITY OF PORT ARTHUR
5 I L J VOL 1419,PG.39,D.R.J.C.r
,}_ —I_ _ /C _ I I ]ee 1 NORTH R.O.W.LINE ee.0� 1� 1
5 FOUND 1/2'J N 37'10'57'E —0
E STEEL ROD FM HIGHWAY 365 A = POINT FOR CORNER
W O.P.R.J.C. = OFFICIAL PUBLIC RECORDS (R.O.W.VARIES) • = SET 1/2'STEEL ROD
i JEFFERSON COUNTY VOL.753,PG.557.D.R.J.C. CAPPED"SOUTEX"
0 = FOUND 1/2"STEEL ROD
CAPPED"AW&C LLC"
p Da9CRIPTION oy 9[8WCr8: BOUNDARY WITH METES&BOUNDS DESCRIPTION 0 = FOUND 1/2"STEEL
1 SURVEYOR'S COrNIcATION: ROD CAPPED "SOUTEX"
Le• The undersigned does hereby certify that this survey was this day 01/27/208S made on the ground of the property legally
a 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.
i The above tract being located at FM HIGHWAY 365.PORT ARTHUR. TEXAS 77640
and being described as 0.4848 ACRE OF LAND PART OF l OTS 14&15.BI OCN 8 HILLCRFST SECOND ADDITION"ACRFS"
W as recorded in Volumed-.Page(s) 106 of the MAP Records of JEFFERSON County,Texas. In accordance with the Flood
$ Insurance Rate Map of the Federal Emergency Management Agency, map reference shown,the subject tract lies in the flood sone noted.
3 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.
g
p• METES & BOUNDS DESCRIPTION OF 11. =17j.-----...
R EVEN DATE TO ACCOMPANY THIS PLAT ANTHONY M. GER
A. REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481
i SURVEYORS NOTES
• FEMA Flood Zone: _ 1. BEARINGS.COORDINATES,DISTANCES MID ACREAGE ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983,
42 .� SOUTH CENTRAL ZONE.U.S.SURVEY FEET,AND ARE REFERENCED TO SMARTNET,NORTH AMERICA
2. TEXAS ail-CALL SHOULD BE DONE PRIOR TO ANY DICONG OR CONSTRUCTION IN CASE OF UNDERGROUND
i Community Panel NO.: PIPELINES 0R UTIUNES. •"P.G7 s rF 4•,
485499-0005-E ••y*4. 1 RF le
1.3 & 485499-0010-E A O t0;,
�i 3737 Doctors Drive • ANTHONY H.LEGER
Panel Date: 4/17/1984 . O Port Arthur,Texan 77042 •'!41, 5481
Project No. 22-0928 Te1.409.983.2004 .14e PEss1 �.
SURVEYORS&ENGINEERS F...409.983.2005 SURv"
3 Drawn By FA f rarr.�, soutoinurveyoracom
rAAi r'AM iTa19