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HomeMy WebLinkAboutPR 24235: TO ACCEPT A DRAINAGE EASEMENT FROM PROCTOR BAPTIST CHURCH urt rlhur Ill I www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: April 4,2025 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Pamela D. Langford, CPM,Assistant City Manager-Operations/Director of Development Services RE: PR No.24235:Authorizing the City Manager to accept a drainage easement from Proctor Baptist Church for a portion of land out of Block 12, Ranges G and H, Port Arthur Land Company Subdivision for stormwater drainage near Rice Farm Road, Willowood Lane, and Jimmy Johnson Boulevard. Introduction: The intent of this Agenda Item is to authorize the City Manager to accept a drainage easement from Proctor Baptist Church for a portion of land out of Block 12, Ranges G and H,Port Arthur Land Company Subdivision near Rice Farm Road, Willowood Lane, and Jimmy Johnson Boulevard for the purposes of constructing, installing, laying and maintaining a stormwater drainage ditch. Background: The easement tract is legally described as being 0.1683 acres of land situated in Block 12, Ranges G & H, Port Arthur Land Company Subdivision, City of Port Arthur, Jefferson County, Texas; and shall be used for the purposes of constructing, installing, laying and maintaining a stormwater drainage ditch Budget Impact: N/A Recommendation: It is recommended that the City of Port Arthur's City Council approve PR No.24235 to accept a drainage easement from Proctor Baptist Church a portion of land out of Block 12,Ranges G and H,Port Arthur Land Company Subdivision near Rice Farm Road,Willowood Lane,and Jimmy Johnson Boulevard for the purposes of constructing,installing,laying and maintaining a stormwater drainage ditch. "Remember,we are here to serve the Citizens of Port Arthur" 444 4Ut Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 S.\Engineering\PUBLIC WORKS\PW-ENGINEERING\C.I.P.PROJECTS\Year 2024\DRAINAGE PROJECTS 2024\Rice Farm Interlocal Agreement\Agenda Memo Proctor Easement.docx Fir PR No.24235 03/17/2025 ht/mje. Page 1 of 2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A DRAINAGE EASEMENT FROM PROCTOR BAPTIST CHURCH FOR A PORTION OF LAND, OUT OF BLOCK 12, RANGES G AND H, PORT ARTHUR LAND COMPANY SUBDIVISION, LOCATED NEAR RICE FARM ROAD, WILLOWOOD LANE,AND JIMMY JOHNSON BOULEVARD, FOR THE PURPOSE OF CONSTRUCTING, INSTALLING, LAYING, MAINTAINING AND OPERATING A STORMWATER DRAINAGE DITCH. WHEREAS,Proctor Baptist Church has agreed to grant the City of Port Arthur a drainage easement on a portion of its land located near Rice Farm Road, Willowood Lane, and Jimmy Johnson Boulevard, for the purpose of constructing, installing, laying, maintaining and operating a stormwater drainage ditch; and, WHEREAS, the easement tract is legally described as 0.1683 acres of land located in Block 12, Ranges G& H, Port Arthur Land Company Subdivision,City of Port Arthur, Jefferson County, Texas; as provided in Exhibit A; and, WHEREAS, approval and acceptance of the easement is hereby deemed an appropriate course of action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: THAT, the facts and recitals in the preamble are true and correct; and, THAT, the City Council hereby authorizes the City Manager to accept the drainage easement legally described as 0.1683 acres of land located in Block 12,Ranges G&H,Port Arthur Land Company Subdivision, City of Port Arthur, Jefferson County, Texas, from Proctor Baptist Church, in substantially the same form attached hereto as Exhibit A; and, THAT, said easement shall be filed and recorded 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 the day of , A.D. 2025, at a meeting of the City of Port Arthur, Texas, by the following vote: Ayes: Mayor: Councilmembers: S:\Engineering\PUBLIC WORKS\PW-ENGINEERING\L LP,PROJECTS\Year 2u24\DRAINAGE PROJECTS 2024\Rice Farm:menccal Agreerne,[\P Nu.24235-Proctor Baptist Chruch Easement REV.docx PR No.24235 03/17/2025 ht/mje Page 2 of 2 Noes: Thurman Bill Bartie. Mayor ATTEST: Sherri Bellard, TRMC City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, Esquire City Attorney APPROVED FOR ADMINISTRATION: John C la,P.E. City En eer� 004'0 Ronald Burton, ' 'M City Manag- EXHIBIT A DRAINAGE EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT, the Proctor Baptist Church hereinafter called "Grantor(s)", 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: For Metes and Bounds Description& sketch,see Attachment "A" attached hereto and incorporated by reference. I. Said Easement shall be exclusive and shall be for the purpose of constructing, installing, laying, maintaining, and repairing a stormwater drainage ditch and it is granted subject to these provisions. It is expressly understood and agreed that the City of Port Arthur shall have the right of ingress to and egress from the above described tracts of land for the aforesaid purposes of this Easement. 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. Pr II. Grantor further grants to Grantee, its successors, assigns, contractors, agents, and employees, a temporary, exclusive easement over the portion of the Property described in Attachment "B" (the "Temporary Easement Area") for the purpose of constructing, installing, and maintaining stormwater drainage, including performing all necessary construction activities such as excavation, grading,material storage, equipment staging, and access(the"Temporary Construction Easement"). It is expressly understood and agreed that the City shall have the right to temporarily use any adjacent property to the Easement area as reasonably necessary for working space to accomplish the purposes of this Easement. III. By acceptance hereof, Grantee agrees that it shall be 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 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. 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., 2025. Proctor Baptist Church By: Name: Title: APPROVED, ACCEPTED AND AGREED TO: City of Port Arth eras By: OA� Ronald B r • , V M City ager APPROVED AS TO FORM: Roxann Pais Cotroneo,Esquire 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 Proctor Baptist Church. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2025. Notary Public for the State of Texas RETURN TO: CITY OF PORT ARTHUR Law Department P. O.Box 1089 Port Arthur,Texas 77641-1089 TBPE Firm No.F-5755 TBPLS Firm No.10123800 LA EF.0005711 3737 Doctors Drive SOUT1!XPort Arthur,Texas 77642 SURVEYORS&ENGINEERS(1 ,-,,,„ Office (409) 983.2004 Fox(409)983.2005 0.1683 ACRE OF LAND FOR DRAINAGE EASEMENT PURPOSES OUT OF BLOCK 12,RANGE "G" & "H" PORT ARTHUR LAND COMPANY SUBDIVISION CITY OF PORT ARTHUR JEFFERSON COUNTY,TEXAS 12, Range BEING 0.1683 acre of land for drainage easementpurposes out of and a part of Lot 4, Block g "G" and Lot 1, Block 12, Range "H", Port Arthur Land Company Subdivision, recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas, being part of a (Called 2.59) acre tract of land described in a deed to Procter Baptist Church, recorded in Volume 2190, Page 203, Deed Records, Jefferson County, Texas; said 0.1683 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. COMMENCING at a %2" steel rod found on the intersection of the Northeast right-of-way line of the dedicated road named Willowood Lane and the Southwest right-of-way line of a dedicated but unimproved roadway named Rice Farm Road; said 1/2" steel rod being the most Westerly corner of a (Called 4.662) acre tract of land described in a deed to H & P Engineering and Construction, Inc. recorded in File No. 2005008857, Official Public Records, Jefferson County, Texas, having a Texas Coordinate of N: 13928656.95 E: 3560579.07; from which a Y2" steel rod, capped and marked "SOUTEX", found for the most Northerly corner of the (Called 4.662) acre tract, bears North 33 deg., 03 min., 12 sec., East (Called North 33 deg., 03 min., 47 sec., East), a distance of 460.69' (Called 460.68'); THENCE, South 33 deg., 02 min., 12 sec., West, crossing said Willowood Lane, a distance of 39.96' to a point for corner being the POINT OF BEGINNING; said point for corner being on the intersection of the Southeast right-of-way line of said Rice Farm Road and the Southwest right-of-way line of said Willowood Lane and the most Northerly corner of the (Called 2.59) acre tract and most Northerly corner of the herein described tract, having a Texas Coordinate of N: 13928623.48 E: 3560557.24; THENCE, South 51 deg., 35 min., 16 sec., East, on the Southwest right-of-way line of said Willowood lane, same being the Northeast line of the (Called 2.59) acre tract, a distance of 25.06' to a point for corner being the most Easterly corner of the herein described tract; from which an X mark, found in concrete, on the intersection of the Southwest right-of-way line of said Willowood Lane and the Northwest right-of-way line of a dedicated road named Jimmy Johnson Boulevard, bears South 51 deg., 35 min., 16 sec., East, a distance of 898.77'; THENCE, South 33 deg., 01 min., 39 sec., West, a distance of 295.06' to a point for corner on the Northeast line of a 30' wide Jefferson County Drainage District No. 7 right-of-way, recorded in Volume 884, Page 542, Deed Records, Jefferson County, Texas; said point for corner being the most Southerly corner of the herein described tract; THENCE, North 45 deg., 29 min., 39 sec., West, on the Northeast line of said Drainage District No. 7 right-of-way, a distance of 25.51' 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 2.59) acre tract and the most Westerly corner of the herein described tract; from which a '/2" steel rod found for the most Westerly corner of the (Called 2.59) acre tract, bears South 33 deg., 02 min., 12 sec., West, a distance of 30.61' THENCE, North 33 deg., 02 min., 12 sec., East, on the Southeast right-of-way line of said Rice Farm Road, same being the Northwest line of the (Called 2.59) acre tract, a distance of 292.34' to the POINT OF BEGINNING and containing 0.1683 acre of land, more or less. This description is based on the Land Survey made under the direct supervision of Anthony M. Leger, Registered Professional Land Surveyor No. 5481 on May 6, 2024. City of Port Arthur 23-0485-DE1 CLIENT: CITY OF PORT ARTHUR 1 \ LOT 3 \LANDSDOWNE ESTATES \ VOL M.12R., PG.J.C. 88 1 i 1 FOUND 1/2'STEEL ROD SCALE: 1 -100 \ CAPPED'SOUTEX' d 70 Id0 \ 1 1 ! Line Table \ , Line# Direction Length \ �c w W (CALLED 4.662 ACRES) L1 S 33°02'12"W 39.96' z \ i- O H&P ENGINEERING W-,a,11; & CONSTRUCTION, INC L2 S 51°35'16"E 25.06' \ F.#2005008857 ''',nZ1 W N O.P.R.J.C. L3 N 45°29'39"W 25.51' \ Z7111 L4 S 33°02'12"W 30.61' cL 0\ 1 POINT OF w$ 1 COMMENCING o 1 FOUND 1/2' I STEEL ROD FLOOD ZONECHANGE OF WILLOWOOD LANE m le \ N:13928656.95 O W,)CONC.PAVEMENT Z.U \ E:3560579.07 (qp'WIDER' F.C.# •46-2555,O.P.R.J.C. Z 7 1 NpR�EAST_R.O.W�NE — F.C.#100-50-198=,O.P.R.J.C. '- TMENTS FOUND'X'� 1 �- o WILLOWS -PG 199 \ SOUTHWEST R.C2, 11N� _r 898.77' IN CONC. Y 3 VOL. — 5 51'3516" E iI $ M.R.J.C. J+L2 y---- 1 # - POINT OF ZONE B 10' WIDE UTILITY ESMNT. ql BEGINNING z F.C. 100-60-1215 N:13928623.48 fit O.P.R.J.C. in E:3560557.24 a0 I ZONE AH (EL4) I _ -- �Z4. g I �I I Q o N (CALLED 2.59 ACRES) (CALLED 5.417 ACRES) 4. RES) PROCTER BAPTIST CHURCH I PROCTER BAPTIST CHURCH 2 (CALLED 1 T1L01TIES COMPANY\ U W 3/ VOL 2D D.R.J190,.C. 203 EL. IIGULF VTOL S p1R.J CG. 236 1 OG % M „ Q •Q1 LOT 4.euK.1 ',G, I 1 1 M ^ p.A•LC� LOT I.EU('12.RG �H JEFFERSON COUNTY • I Z N I DRAINAGE DISTRICT NO. 7 �' 12 RG 'G' 1 25' WIDE DRAINAGE EASEMENT LATERAL B-2—A DITCH LOTr_ 1z 0.1683 ACRE OF LAND I 30' WIDE EASEMENT D.R.J.C. LOT 8. _ — _ f A NORTHEAST R.O.W. LINE wI , a L3 I N 45'29'39' W'317.94' FOUND 1/2'BENT 0 STEEL0 R/W2• PROPOSED 15'WIDE STEEL ROD I 100' WIDE GULF STATES UTILITIES DRAINAGE DISTRICT Na 7 INTERURBAN RIGHT OF WAY EASEMENT i E & W JEFFERSON COUNTY = POINT FOR CORNER t DRAINAGE DISTRICT NO. 7 $I MAIN 'B' CANAL E �. DESCRIPTION of SERVICES: 25' WIDE DRAINAGE EASEMENT WITH DESCRIPTION 8 SURVEYOR'S CERTIFICATION: 05-06-2024 ; METES AND BOUNDS OF EVEN ,, DATE TO ACCOMPANY THIS SURVEY �,. !"—� r D.R.J.C. = DEED RECORDS, JEFFERSON COUNTY ANTHONY . LEGER • O.P.R.J.C. = OFFICIAL PUBLIC RECORDS. JEFFERSON COUNTY REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481 C SURVEYORS NOTES FEMA Flood Zone: X 1. SURVEY T R ARE BASED ON TEXAS COORDINATE SYSTEM OF 1983.SOUTH-CENTRAL ZONE.U.S. SURVEY FEET.REFERENCED TO PROS,NA. tEa' 2 TEXAS ES811-CALLO SMWLD BE DONE PRIOR TO ANY DIGE#NG OR CONSTRUCnON IN CASE OF UNDERGROUND o Community Panel NO.: PIPELINES OR ununES.3. THIS SURVEY DOES NOT WARRANT OWNERSHIP.THERE MAY RE EASEMENTS.OR OTHER MATTERS NOT SHOWN. , 8 4654999-0010-E 4. THIS SURVEY WAS PREPARED WTMOUT THE BENEFIT OF A VOL REPORT. 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