HomeMy WebLinkAboutPR 24433: UTILITY EASEMENT FROM LABELLE PROPERTIES, LTD PR No.24433
07/07/2025 ht
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF
UTILITY EASEMENT FROM LABELLE PROPERTIES,LTD,FOR
A 0.028-ACRE (1200 SQFT) PORTION OF LAND LOCATED NEAR
HIGHWAY 365, WEST PORT ARTHUR ROAD, AND RILEY
STREET, IN THE TOTAL AMOUNT OF $10,920.00, FOR THE
PURPOSE OF CONSTRUCTING, INSTALLING, LAYING,
MAINTAINING AND OPERATING A SANITARY SEWER FORCE
MAIN; FUNDING IS AVAILABLE IN WATER UTILITIES
ACCOUNT NO. 410-00-000-8511-00-00-000
WHEREAS,LaBelle Properties, LTD has agreed to grant the City of Port Arthur a utility
easement over a portion of its land located near FM 365 and West Port Arthur Road at Riley Street,
for the purpose of constructing,installing,laying,maintaining and operation a sanitary sewer force
main; and
WHEREAS, the easement tract consists of approximately 0.028 acres (1200 sq.ft.), being
a portion of land situated in the T. & N.O.R.R. Co. Survey, Section No. 7, Abstract No. 239,
Jefferson County, Texas and is more particularly described in Exhibit"A"; and
WHEREAS, the easement tract has been used exclusively for pipeline and utility rights-
of-way for many years and is appraised at its highest and best use as a pipeline corridor,valued at
$10,920.00 based on the current rate of$3,000.00 per rod(15 feet)for 3.64 rods or approximately
60 feet; and
WHEREAS, the approval, compensation 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 utility easement
from Labelle Properties, LTD in substantially the same form attached hereto as Exhibit"A"; and,
THAT, the City will compensate LaBelle Properties, LTD in the total amount of Ten
Thousand Nine Hundred Twenty and No/100 Dollars ($10,920.00) for the easement.
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:
Noes:
CITY OF PORT ATHUR:
Charlotte Moses,
Mayor
ATTEST:
Sherri Bellard, TRMC
City Secretary
APPROVED AS TO FORM:
Roxann Pais Cotroneo,
City Attorney
APPROVED FOR AVAILABILITY OF FUNDS:
Lynda(Lyn) Boswell, MA, ICMA-CM
Director of Finance
APPROVED FOR ADMINISTRATION:
fp*/
Ronald Burton,CPM Ca yin Matthews, P.
City Manager Water Utilities Director
Exhibit "A"
UTILITY EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
THAT, the LaBelle Properties, LTD 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"Grantee"),a municipality
whose mailing address is PO Box 1089,Port Arthur,TX 77641,a right,privilege and utilities
easement (the "Easement") in, over, 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.
Said easement shall be non-exclusive and is granted for the purpose of constructing,
operating, maintaining, inspecting, repairing, replacing, and removing public utilities,
including, but not limited to, sewer lines, water lines, stormwater drainage facilities, and all
related improvements and appurtenances necessary to provide municipal utility services.
I.
It is expressly understood and agreed that the City of Port Arthur shall have the right
of ingress and egress to and from the above-described tracts of land for the purposes set forth
in this Easement. The Grantee shall also have the right to enter upon the Easement Tract to
excavate, construct, and improve the water and sewer lines all related improvements and
appurtenances located thereon.
II.
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.
Grantor reserves the right to continue to use and enjoy the surface of the Easement
area for all purposes that do not interfere with or interrupt the use or enjoyment of the
Easement by Grantee for the purposes provided herein, including but not limited to the right
to grant easements to third parties over and across the Easement area.
The conveyance of the Easement granted herein is made by Grantor and accepted by
Grantee subject to any and all existing easements, covenants, right-of-ways, conditions,
restrictions,outstanding mineral interests and royalty interest,if any,located in the Easement
area whether of record or not in the office of the County Clerk of the County of Jefferson,
Texas.
IV
Grantee assumes all responsibilities and liabilities for Grantee's activities (direct or
indirect) for constructing, operating, maintaining, inspecting, repairing, replacing, and
removing public utilities.
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.
GRANTOR:
Labelle Properties, LTD
By:
Name: James C. Broussard
Title: Vice President of LaBelle General, LLC
Its General Partner
APPROVED,ACCEPTED AND AGREED TO:
GRANTEE:
City of Port Arthur, Texas
By:
Ronald Burton, CPM
City Manager
APPROVED AS TO FORM:
City Attorney
IFF
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 LaBelle Properties, LTD.
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
Attachment "A"
Cannnereial•Residential• Industrial
Surveyors, LLC Fari No I
March L"S_2.025
EXHIBIT-A-
D NOTE DESCRIPTION-:
.11.23 of an Acre Tract our of the
T. S:N.O. RR.Co. Sur.-ey.
Section No. 7.abstract No.239
Jefferson C'ounty.Tea;
Beilig a 0.42San acre of land 12(10.00 sq:1.1 17..-ing in the T. .Sc N.D. R.R. C . Sna-t-ey. Section No. -.
Abstract No.239.jefferson County Texas_being across a tract of land caviled by Labelle Prcperties LTD
lc-anent deed act forindij.formealy owned by the Broussard Tut.:recorded in Volume 4,52.Page 41 of the
DeedRecords fdefferson Ccanaty_Texas I DPJCT .alsc being across a 3.8222 acre Non-Exclusie Pipeline
Easement described in Clerk's: File Nc. 200904411S-of the Official Public Records of Jefferson Counr...
Texas.said3sf more particularly described as fr.-Mows:
Note:All bean:1.gs are based on the Texas Co-ardinase System af 1.C13.N.ADS3!,.ci.outhCencal Zone.
COMMENCING at a concrete incict.urient found ;:brol:en) in the southeast right-cf-way line cf Farm T.:
2-,larh-et Road 3.55.rright-cf-7.-ay width-.-aries1).in the northeast rirlit-of-n-ay line of Unicn Pacific Railscacl.
at the northwest corner-of said Labelle Tract:
THENCE siuh.::•0:5-5'4;' East along the north.east xiglit-cf--way line of said railroad and the scuths.rest line
of said L-albelle MICK.a dist= f 59 feet tc a calculated point for the ncrthwest comer and POINT of
BEGENNLNG of the herein riacr:
THENCE North 5.9:40'5 E : aid Labelle Tract and along the northwest line of the herein
cletcribed tract. a.ti•Aar.,:e f : T:.a poinx in the scuth line of a Port Arthur Canal. called Tract 2
)4.51 acres. reccdded r htnie Pare 415 (DRK T;.the northeast line cf said Labelle Tract. at the
northeast corner cf the hexerne ed tract:
THENCE Solidi 30 7-f: E att.al::: scuthwest line cf-said canal and the licit:beast line-of said Labelle
tract. a distance cf 1 fees TO a point fox the scutheast corner ot'the herein described tract
THENCE South 5 .-105;• .."-ett across. said Labelle Tract and alone the scutheatt line cf the herein
described tract a distance ci tr,D30 feet to a point in the northeast line of said railroad right-cf-t-tay. the
scutlra-est line :of said Labelle Tract and the scutlra-est comer cf the herein described tract. from which a
concrete inc-nunient at the southwest coiner.cf said Labelle Tract was,found South 30'55'43:East at 2450 10
ft-et
THENC E North;0:55'4;" West along the northeast line cf said railroad right-of-way_the sonthwett line
of said Labelle Tract and tie southwest line cf the hexeindes-.cribed tract a distance-of 20.00 feet tc the Pctias
and Place-of Begineriw.containing 0.02S-of an acre-of land 11200.00 ft:).ill-CAt or less.
A plat of e7eta date acccmpanies.this description;._-li.ccess Sair,-eyots project=2'025193
Page loft
11025 Old Vcch Road.Beaumont.Texas---13 Office: 40-9)S3S-6322 Fax:1.409)S3S-,6122
Email:T1,151153t acicors Web:wwns.acces-t-snr;eyors.com Tile:202.5193
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N The City of Port Arthur, Texas
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SM: Lob*le Tract !rue ar•� •Aire•; tc the oest aC my Kncveeb;e _ Dell'
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x Survey Bated: March 28, 2025.
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