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Home My WebLink AboutPR 15642: PORT ARTHUR HOUSING AUTHORITY - WATER UTILITY EASEMENT (GULF BREEZE I)MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROM: Kelly Eldridge, Director of Utility Operations ,~i~, ~~ DATE: November 23, 2009 RE: Proposed Resolution No. 15642 COMMENTS RECOMMENDATION I recommend that the City Council rescind Resolution No. 09-327 in its entirety and approve Proposed Resolution No. 15642 accepting another Water Utility Easement from the Housing Authority of the City of Port Arthur for the purpose of installing, maintaining, operating, and replacing a public water line and appurtenances on a portion of their property at the Gulf Breeze I Apartment Complex. BACKGROUND In July 2009, byResolution No. 09-327, City Council accepted a water utilities easement for the Gulf Breeze I apartments. Subsequently, the property owner began construction of their apartment complex, but the waterline location was changed during construction due to existing field conditions. At this point, their. construction is essentially complete and we needed to get updated easement descriptions from their surveyor. In order to provide service, the City will install meter(s) on this new line, once accepted. We require this easement for the water main line, fire hydrants, and meters in order to provide service to this property. BUDGET/FISCAL EFFECT All costs for these connections and the new meter installations will be borne by the property owner, The Housing Authority of the City of Port Arthur at the Gulf Breeze I Apartments. STAFFING/EMPLOYEE EFFECT City staff will only install the meteririg systems. SUMMARY I recommend that the City Council approve P.R. No. 15642, which rescinds Resolution No. 09-327 in its entirety and accepts another Water Utility Easement from The Housing Authority ofthe City of Port Arthur. P.R. No. 15642 11/23/09 RESOLUTION NO. A RESOLUTION RESCINDING RESOLUTION N0.09- 327 IN ITS ENTIRETY, AND ACCEPTING A WATER UTILITY EASEMENT FROM THE HOUSING AUTHORITY OF THE CITY OF PORT ARTHUR FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF WATER UTILTTIES AT THE GULF BREEZE I APARTMENT COMPLEX IN THE CITY OF PORT ARTHUR. WHEREAS, the City Council approved Resolution No. 09-327 accepting a water utilities easement from The Housing Authority of the City of Port Arthur 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 The Housing Authority of the City of Port Arthur at the Gulf Breeze I Apartments; 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 The Housing Authority ofthe City of Port Arthur 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 The Housing Authority of the City of Port Arthur at the Gulf Breeze I Apartments 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 ARTHUR: THAT, Resolution No. 09-327 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 P.R. No. 15642 11/23/09 Page 2 of 3 description, from The Housing Authority of the City of Port Arthur for the purpose of constructing, installing, 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 Regulaz Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers: NOES: .ATTEST: Terri Hanks City Secretary Deloris Prince Mayor APPROVED AS TO FORM: V ' Valecia Tizeno Acting City Attorney P.R No. 15642 11/23/09 Page 3 of 3 APPROVED FOR ADMINISTRATION: ~% Lam-. Step en Fitzgibbons City Manager Kelly El 'dge Director of Utility Operations ~~ ~~~ Ross Blackketter, PE Director of Public Works r' s f 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 CITY OF PORT ARTHUR By: THE STATE OF TEXAS COUNTY OF JEFFERSON Stephen Fitzgibbons City Manager 2009. BEFORE ME, the undersigned Notary Public, on this day personally appeared Stephen Fitzgibbons. 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 2009. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS ,: •. ~~ ATTACHMENT "A" __ . ~~~E~ ~TI~I~I~~ ~~SEME § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT, the Housing Authority of the City of Port Arthur, hereinafter called "Grantor(s)", for and in consideration of the sum of ONE AND NOl100 ($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 Description & sketch, 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 his Easement as toprovide water to the adjoining properties: -- i s~ _.._ ._.__..____.__----- 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: Housing Authority of the City of Port Arthur APPROVED AS TO FORM: City Attorney E E~/LJ'B'~ L6 A f9 to A/`TfITl7ACHMENT/""A" (Provided by Soutex Surveyors) 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 Housing Authority of the City of Port Arthur. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2009. Notary Public for the State of Texas RETURN TO: CITY OF PORT ARTHUR ATTN:- Valecia Tizeno __ _ _ _ _. _ __ _ . ____ _ __ Acting City Attorney P. O. Box 1089 Port Arthur, Texas 77641-1089