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Home My WebLink AboutPR 15594: CHICORY COURT (BRITTANY PLACE II) WATER UTILITY EASEMENTMEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROM: Kelly Eldridge, Director of Utility Operations ~~~~~~ DATE: October 23, 2009 RE: Proposed Resolution No. 15594 COMMENTS RECOMMENDATION I recommend that the City Council rescind Resolution No. 09-019 in its entirety and approve Proposed Resolution No. 15594 accepting a Water Utility Easement from Chicory Court -Brittany Place II, LP for the purpose of installing, maintaining, operating, and replacing a public water line and appurtenances on a portion of their property at the Brittany Place Apartments Complex. In January 2009, by Resolution No. 09-019, City Council accepted a water utilities easement for the Brittany Place II apartments. Subsequently, the property owner began construction of their apartment complex, but apparently missed the accepted easement when locating the fire protection installation. At this point, their construction is essentially complete and we needed to get updated easement descriptions from their surveyor. In order to provide fire protection (install fire hydrants), the City performed a small amount of public water system construction. We require an easement for the water main line and fire hydrants in order to provide service to this property. BUDGET/FISCAL EFFECT All costs for these connections and the new meter installations were borne by the property owner, Chicory Court -Brittany Place II, LP. STAFFING/EMPLOYEE EFFECT City staff made these fire connections (2) to our existing system and installed three metering systems. SUMMARY I recommend that the City Council approve P.R. No. 15594, which rescinds Resolution No. 09-019 in its entirety and accepts a Water Utility Easement from Chicory Court -Brittany Place II, LP. P.R. No. 15594 10/23/09 RESOLUTION NO. A RESOLUTION RESCINDING RESOLUTION NO. 09-019 IN ITS ENTIRETY, AND ACCEPTING A WATER UTILITY EASEMENT FROM CHICORY COURT -BRITTANY PLACE II, LP FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF WATER UTILITIES IN THE CITY OF PORT ARTHUR WHEREAS, the City Council approved Resolution No. 09-019 accepting a water utilities easement from Chicory Court -Brittany Place II, LLP for the construction, installation, laying, and maintenance of water utilities in the City of Port Arthur under, through, and across a portion of property owned by Chicory Court -Brittany Place II, LLP; and, WHEREAS, said easement description has been changed as a result of actual construction; and, WHEREAS, the City Council of the City of Port Arthur deems it appropriate to accept another water utilities easement, with an updated easement description, from Chicory Court - Brittany Place II, LP for the construction, installation, laying, and maintenance of water utilities in the City of Port Arthur under, through, and across a portion of property owned by Chicory Court - Brittany Place II, LP in connection with water utility services of the City of Port Arthur; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHIJR: THAT, Resolution No. 09-019 be rescinded in is entirety; and, THAT, the City Manager of the City of Port Arthur be and is hereby authorized and instructed to execute and accept another Water Utility Easement, with an updated easement description, from Chicory Court -Brittany Place II, LP for the purpose of constructing, installing, P.R No. 15594 10/23/09 Page 2 of 3 laying and maintaining water utilities in substantially the same form as described in Attachment "A", attached and made a part hereof; and, THAT, a certified copy of said 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 2009, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councihnembers: NOES: ATTEST: Terri Hanks City Secretary Deloris Prince Mayor APPROVED AS TO FORM: V 1/1~~ Valecia Tizeno Acting City Attorney P.R. No. 15594 10/23/09 Page 3 of 3 APPROVED FOR ADMINISTRATION: ~~ ~~~ Stephen itzgibbons City Manager ~` ~~ ~ Kelly E~ge Director of Utility Operations ~~ ~' Ross Blackketter, PE Director of Public Works ATTACHMENT "A" WATER UTILITIES EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT, Chicory Court -Brittany Place II, LP, hereinafter called "Grantor(s)", for and in consideration of the sum of ONE AND N0/100 ($1.00) DOLLAR 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 Descriptions 8~ sketches of Tract 1 & Tract 2, see Exhibit "A" 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 public water services 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. 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., 2009. By: Chicory Court -Brittany Place II, LP 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 the Chicory Court -Brittany Place II, LP. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2009. RETURN TO: CITY OF PORT ARTHUR ATTN: Valecia Tizeno Acting City Attorney P. O. Box 1089 Port Arthur, Texas 77641-1089 Notary Public for the State of Texas 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 , 2009. CITY OF PORT ARTHUR By: Stephen Fitzgibbons City Manager ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned Notary Public, on this day personally appeared Stephen Fitzgibbons Citv 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 ,2009. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS EXHIBIT "A" to ATTACHMENT "A" (Provided by Soutex Surveyors) TRACTI 0.0145 ACRE OF LAND FOR WATER LINE EASEMENT PURPOSES OUT OF THE AMENDED FINAL PLAT OF NORMANDY PLACE, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS BEING 0.0145 acre of land out of and a part of Lot B of the Amended Final Plat of Normandy Place, City of Port Arthur, recorded in Volume 11, Page 14, Map Records, Jefferson County, Texas; being part of a (Called 4.614) acre tract of land conveyed to Chicory Court -Brittany Place II, LP, recorded in File No. 2008012616, Official Public Records, Jefferson County, Texas; said 0.0145 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a 2" steel pipe found on the intersection of the North right of way line of a dedicated road named 33`d Street and the West right of way line of a dedicated road named Normandy Avenue; said 2" steel pipe being the Southeast corner of Block 1, Normandy Place, the Southwest corner of said Lot B, and the Southwest corner of the (Called 4.614) acre tract; THENCE, North 41 deg., 10 min., 03 sec., East on the North right of way line of said 33`d Street, same being the South line of the (Called 4.614) acre tract, a distance of 59.98' to an "X" mark found in concrete for the Northwest comer of Lot A, Amended Final Plat of Normandy Place; THENCE North 41 deg., 13 min., 55 sec., East (Called North 41 deg., 13 min., 15 sec., East), on the common line of said Lots A and B, a distance of 197.88' to a point for corner for the POINT OF BEGINNING and Southwest comer of the herein described tract; THENCE,.North 48 deg., 47 min., 08 sec., West, a distance of 15.00' to a point for corner being the Northwest corner of the herein described tract; THENCE, North 41 deg., 12 min., 52 sec., East, a distance of 42.14' to a point for corner on the East line of said Lot B; said point for corner being the Northeast comer of the herein described tract; THENCE, South 48 deg., 47 min., 08 sec., East, on the East line of said Lot B, a distance of 15.00' to a'/z" steel rod found for a common corner of said Lots A and B; said 'h" steel rod being the Southeast corner of the herein described tract; THENCE, South 41 deg., 12 min., 52 sec., West, on the common line of said Lots A and B, a distance of 42.14' to the POINT OF BEGINNING and containing 0.0145 acre of land, more or less. TRACT II 0.0174 ACRE OF LAND FOR WATER LINE EASEMENT PURPOSES OUT OF THE AMENDED FINAL PLAT OF NORMANDY PLACE, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS BEING 0.0174 acre of land out of and a part of the Amended Final Plat of Normandy Place, City of Port Arthur, recorded in Volume I1, Page 14, Map Records, Jefferson County, Texas; being part of a (Called 4.614) acre tract of land conveyed to Chicory Court -Brittany Place II, LP, recorded in File No. 2008012616, Official Public Records, Jefferson County, Texas; said 0.0174 acre tract being more fully described by metes and bounds as follows, to wit; COMMENCING at a 2" steel pipe found on the intersection of the North right of way line of a dedicated road named 33`d Street and the West right of way line of a dedicated road named Normandy Avenue; said 2" steel pipe being the Southeast corner of Block 1, Normandy Place, the Southwest corner of said Lot B, and the Southwest corner of the (Called 4.614) acre tract; THENCE, North 41 deg., 10 min., 03 sec., East on the North right of way line of said 33rd Street, same being the South line of the (Called 4.614) acre tract, a distance of 59.98' to an "X" mark found in concrete for the Northwest comer of Lot A, Amended Final Plat of Normandy Place; THENCE North 41 deg., 13 min., 55 sec., East (Called North 41 deg., 13 min., 15 sec., East), on the common line of said Lots A and B, a distance of 240.02' to a %_" steel rod found for the common corner of said Lots A and B; said %z" steel rod being on the West line of a tract of land conveyed to Skylar Thompson and Caira Thompson Franz, recorded in Film Code 103-21-0418, Official Public Records, Jefferson County, Texas; THENCE, North 48 deg., 47 min., 08 sec., West, on the common line of said Lot B and said Skylaz tract, a distance of 313.10' to a point for corner for the POINT OF BEGINNING and Southeast corner of the herein described tract; THENCE, South 41 deg., 12 min., 52 sec., West, a distance 50.46' to a point for corner being the Southwest comer of the herein described tract; THENCE, North 48 deg., 47 min., 08 sec., West, a distance of 15.00' to a point for comer being the Northwest corner of the herein described tract; THENCE, North 41 deg., 12 min., 52 sec., East, a distance of 50.46' to a point for corner on the common line of said Lot B and said Skylaz tract; said point for corner being the Northeast corner of the herein described tract; THENCE, South 48 deg., 47 min., 08 sec., East, on the common line of said Lot B and said Skylaz tract, a distance of 15.00' to POINT OF BEGINNING and containing 0.0174 acre of land, more or less. Note: this description is based on prior surveys made by SOUTEX Surveyors, Inc., and does not represent a current field survey. Anthony M. Leger, Registered Professional Land Surveyor No. 548] November 24, 2008. 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