The URL can be used to link to this page

Home My WebLink AboutPR 15644: SEWER UTILITY EASEMENT - LIVE OAK EXPRESS REALTY, LTD.MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager J FROM: Kelly Eldridge, Director of Utility Operations L-~,~~ ~ ~ DATE: November 23, 2009 RE: Proposed Resolution No. 15644 COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 15644 accepting a Sewer Utility Easement from the Live Oak Express Realty, Ltd. for the purpose of installing, maintaining, operating, and replacing a public sewer line and appurtenances on a portion of their property to serve Tracts 1, 2, and 3 of the 5.907 acre replat out of Lot: 8, Block 8, Range G in the PALCO Subdivision, Vol. 1, Page 22, M.R.J.C., Port Arthur, Texas, Jefferson county and properties adjacent to Aaron's Rental Center. BACKGROUND The property owner originally wished to construct this development having the sewer line remain private, but later decided to replat the property with a public sewer easement. However, the plat- dedicatedeasement did not abut adjacent property„ a necessity to make it a public utility, so its width had to be modified by this instrument. The developer is constructing Aaron's Rental Center on one of the frontage lots. The public water system construction to provide domestic and fire service was done in the re-platted easement along SH 347. BUDGET/FISCAL EFFECT The property owner's contractor has installed the sewer infrastructure in this easement, with stub- outs to serve adjacent properties. STAFFING/EMPLOYEE EFFECT None. SUMMARY I recommend. that the City Council approve P.R. No. 15644 accepting a Sewer Utility Easement. P.R. No. 15644 11/23/09 RESOLUTION NO. A RESOLUTION ACCEPTING A SEWER UTILITY EASEMENT FROM THE LIVE OAK EXPRESS REALTY, LTD. FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF SEWER UTILITIES IN THE CITY OF PORT ARTHUR. WHEREAS, the City Council of the City of Port Arthur deems it appropriate to accept a Sewer Utility Easement from Live Oak Express Realty, Ltd. for the construction, installation, laying, and maintenance of sewer utilities in the City of Port Arthur under, through, and across portions of property owned by Live Oak Express Realty, Ltd. in connection with sewer services of the City of Port Arthur; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager of the City oil Port Arthur be and is hereby authorized and instructed to execute and accept a Sewer Utility Easement from Live Oak Express Realty, Ltd. for the purpose of constructing, installing, laying and maintaining water utilities in substantially the same form as described in Attachments "A" attaclhed 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 P.R. No. 15644 11/23/09 Page 2 Councilmembers: NOES: Deloris Prince Mayor ATTEST: APPROVED AS TO FORM: Terri Hanks Valecia Tizeno City Secretary Acting City Attorney APPROVED FOR ADMINISTRATION: ~~ Stephen Fitzgibbons Ross Blackketter, PE City Manager. Director of Public Works ~. Kelly El 'dge Director of Utility Operations ATTACHMENT "A" WATER UTILITIES EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT, Live Oak Express Realty, Ltd., hereinafter called "Grantor(s)", for and in consideration of the sum of ONE AND NO/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 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 sewer 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: APPROVED AS TO FORM: Live Oak Express Realty, Ltd. City Attorney ACCEPTANCE OF EASEMENT This easement was accepted by the City of Fort Arthur per Resolution No. approved by the City Council on WITNESS MY HAND this day of _ , 2009. CITE' 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, 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 THF's STATE OF TEXAS EXHIBIT "A" to ATTACHMENT "A" (Provided by Arceneaux & Gates i~onsulting Engineers, Inc.) AR~ENEAUX & GATES ARCEN£AU~ Consulting Engineers, Inc. GATES Engineers • Surveyors • Planners EXHIBIT "A" METES AND BOUNDS DESCRIPTION OF 0.836 ACRES OF LAND OUT OF LOT 8, BLOCK 8, RANGE "G" PORT ARTHUR LAND COMPANY SUBDIVISION PORT ARTHUR, JEFFERSON COUNTY, TEXAS Being a 4S feet wide tract or parcel of land for sanitary sewer easement purposes, a portion of that certain 5.907 acre Replat out of Lot 8, Block 8, Range "G" of the Port Arthur Land Company Subdivision as recorded in Volume 1, Page 22 of the Map or Plat Records, County Clerk's. Office, Jefferson County, .Texas, said 5.90'7 acre Replat being recorded in Clerk's File No. 2009036625 of the Official Public Records of said County, said 4S feet wide tract being more particularly described by metes and bounds as follows; FOR LOCATIVE PURPOSES, commence at a ',/2" steel rod with cap marked Arceneaux & Gates found located on the East line of a called 88.68 acre tract as conveyed by deed dated October 28, 2003 to Wal-Mart Stores East, Inc. recorded in Clerk's File No. 2003047785 of said Official Public Records, this point also marks the Northwest corner of said 5.907 acre Replat having a coordinate value of North 13,924,499.90 and East 3,569,554.08; THENCE South S3 deg. 17 min. 1S sec. East along the East line of said Wal-Mart Stores tract with the West line of said 5.907 acre Replat a distance of 15.00 feet to a point located on the South line of a 1 S feet wide waterline easement per Replat marking the Northwest corner of a 30 feet wide drainage easement per Replat and the Northwest corner and POINT OF BEGINNING of the herein described tract of land, this point having a coordinate value of North 13,924,490.92 and East 3,569,566.10; THENCE North 36 deg. 30 min. 14 sec. East along the South line of said 1S feet wide waterline easement with the North line of said 30 feet wide drainage easement and 1S feet wide sanitary sewer easement per Replat a distance of 45.00 feet to a point marking the Northeast corner of said 1 S feet wide sanitary sewer easement and the Northeast corner of the herein described tract of land; THENCE South S3 deg. 17 min. 1 S sec.. East along the East line of said 1 S feet wide sanitary sewer easement with the East line of this tract a distance of 809.62 feet to a point located on the No. 7 marking the Southeast corner of said 1 S feet wide sanitary sewer easement and the Southeast corner of the herein described tract of land; Page 1 of~2 Z:\A&G\A&G SIIRVEYMGVv1ETES & BOIfNDS\20091BCD-010-E.doc n_ _ .r_. .,_ r.. ..., .~•. _ nrn, m.. ~,_ r___,_n_--_ c--:,,. lnn b.s E.-N,... T......e 7~ICn0 IA~1Q17?n 7840. FEY /.1f1D] 74.A 1Ad'~ EXHIBIT "A" THENCE South 37 deg. O1 min. 12 sec. West along the North line of said proposed 15 feet wide drainage easement and the South line of said 15 feet wide sanitary sewer easement and 30 feet wide drainage easement with the South line of this tract a distance of 45.00 feet to a point located on the East line of said Wal-Mart Stores tract and West line of said 5.907 acre Replat marking the Southwest corner of said 30 feet wide drainage easement and the Southwest corner of the herein described tract of land; THENCE North 53 deg. 17 rnin. 15 sec. West along the East line of said Wal-Mart Stores tract with the West line of said 5.907 acre Replat a distance of 844.39 feet to the Northwest corner and POINT OF BEGINNING and containing in area 36,429 square feet or 0.836 acres of land, more or less. Surveyed: November, 2009 ,P~~ OF r~~ ......:................. ..........:...... JOHN R. (BOB) ROUGES 45$3 v~ O'9"5'~FFSS~O? 0~. o ti0 SUR~~y~ Jo . (Bob) Hodges R.P. .S. #4583 ~~ ~ a ~ Notes: An Exhibit of even date is being submitted with this metes and bounds description. Bearings, distance and coordinates referenced to the Texas State Plane Coordinate System, South Central Zone, NAD 83. Page 2 of 2 Z:W&G1AkG SURVEYING~METES & BOUNDS~2009~BCD-OIO-E.doc FND. 3/4" PIPE FND. 1/2" S.R. w/cAP MKO. ARCENEAUX & GATES. I (1) i CPA 5' SANITARY SEWER EASEMENT VOL. 1638 PG. 399 O.R.J.C. Ii II s a W o: ~ g- Z o ~ (U ~ o W ~ U I• = ~ ? N ~ Ltl W _ ~ (n ~ `~ I a s ~ U ~ W 4i, ° : : ~ Qm v i a W VI Ia s wN000~ D: ~ ~mQi W I W ~ d Io: s C• N O p Q ~ N z g _ g cnoW~pvl ~ Q N ~ l l ?- H W ~v ^ ~ pU a: ~ H ~ ~ ~ ~ z 3p I J ~ a ~ > 3 ~ 0 ° I ~ o M PROPOSED 45' ~ SANITARY SEWER EASEMENT 36,429 SO. FT. 0:836 ACS. FND 1/2" S R I . . . W/CAP MKD. ARCENEAUX d GATES ` LOT T, MOCK ! I • RANGE 'G_ l0T ~, /IOCK i, RANGE 'G' LOT t, iLOGX i l0T 1, SOCK ~, RANGE 'G" RANGE "G' " FND. 5/8 S.R. J I W/CAP MKD. GOTTEN CROWN CASTLE GT COMPANY LLC -~ I LEONARD JAY WEEKS 2.5022 ACRE5 10/16/1998 CF#98-9838521 O.P.R.J.C. JUDGEMENT DEED in STATE OF TEXAS `~ VOL. 1501 PG. 359 D.R.J.C. (N 41°17'07" E 303.82'-DEEC N 36°30'14" E 303.78' (2) TRACT 3 3.726 ACRES v ~ 5.907 ACRE REPEAT CF#2009036625 O.P.R.J.C. -' M m IA ti Z TRACT 2 o.T~A~I~Es TRACT 1 1.447 ACRES S 37°01'12" W 304.66' i PARCEL 1 LOT 20 -' 0.119 ACRES WHITING ACRE ADDITION 04/16/2001 VOL. 4 PAGE 32 M.R.J.C. CF#2001013335 O.P.R.J.C. JUDGEMENT DEED - ~'~ STATE OF TEXAS Z= VOL. 1501 PG. 359 D.R.J.C. ul~ PROPOSED 15' DRAINAGE EASEMI ~I~ TO ,I~FFERSON COUNTY DO#7 so ^I~ ~ I 4 I ARCENEAUK GATES ARCBNEAUX k GATES cen,alans ~GLtslee», Inc. )h~inesn SunsTon Pleanan c ]001 nru. cY+.k wt"., swt. lot a08A1~i OOA7A:i IIC naa IKKAR, tWS Port IrfLnr, Tau T76A2 (aoa) 'rt4-~eee 4 TEXAS REGISTERED ENGINEERING FIRM F-30 I fND. TxDOT MON. W/DISK ;,I;~ G ND ~~ ~ ~'~ I ~I~ o~u o.~ ~ i' -' I GIs FND. PROPERTY CORNER AS SHOWN POINT FOR CORNER POINT Of COMMENCING POINT OF BEGINNING PROPOSED 45' SANITARY SEWER EASEMENT 0.836 ACRES OF LAND OUT OF LOT 8, BLOCK 8, RANGE "G" of PORT ARTHUR LAND COMPANY SUBDIVISION ^ PORT ARTHUR, JEFFERSON COUNTY, TX L DATE: NOVEMBER 2009 SCALE: 1"=200' DRAWN: JDG pRC)J. No.: BCD-O10 VERSION:_AU70CAD 20.10 CHECKED: JRH - }I~ X12 2 ~IU _' Q ~I~ nIi` ~I~ aIa :: oIo 7[ a rlei JIJ EXHIBIT "B" FND. 1" BOLT FND. t/Z" S.R. W/CAP MKD. ARCENEAUX k GATES o too mo NOTE: BEARINGS, DISTANCES, AND COORDIN REFERENCED TO THE TEXAS STATE PIANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83 DATUM. GRID SCALE FACTOR AT POINT OF COMMENCING IS 0.999919242 II ~~ ~ ACREAGE EXPRESSED IN SURFACE AREA a II ^ I~ a ~ H • W Z SEE PAGE 4 FOR LINE TABLE DATA I W I I I w J so T~ OF ,~E o I ~ . P • ~;~• .. ' I m J v, ~ . ....:............... ..... I J R. G I I W i Z 3 .... .. .8 ........... ..O I I I ~ ~ ti~FFS ...~?~ II ~ m I ~ FND. 1/2" .R. R II A CENEAVX k DATES I (N 48°47'00" W-ROW DEED) N ° ' " ' 53 20 38 W 45.00 ~ Lot s, st.ocK s RANGE ~ _ _ , _ _ LOT 1, !LOOK !, RANGE 'F' - POC POB EXH I B!T "B°° t LINE TABLE DATUM NUMBER DIRECTION DISTANCE ~1) S 53°17'15" E 15.00' ~2) N 36°30'14" E 45.00' ~3) S 53°17'15" E 809.62' ~4) S 37°01'12" W 45.00' ~5) N 53°17'15" W .809.39' POINT OF COMMENCING COORDINATE NORTHING 1 X3,924,499.90 FASTING 3,569,554.08 POINT OF BEGINNING COORDINATE NORTHING 1 1,924,490.92 FASTING 3,569,566.10 PROPOSED 45' SANITARY SEWER EASEMENT 0.836 ACRES OF LAND ~y L ® OUT OF LOT 8, BLOCK 8, RANGE "G" of ARCBNEAUX k GATBS nRCENEAUX COn'°l~ ~°°*'~• ~~• PORT ARTHUR LAND COMPANY SUBDIVISION n ~`~" s.~.e~on p,.~~ PORT ARTHUR, JEFFERSON COUNTY TX L I c TES ~ l0Y ~ ~OL ~ , y C ~rfh mi~'n 6{L ° P ~ ~,R,,,"',~ ~" (aoo> ru-~eee DATE: NOVEMBER. 2009 SCAIE: NTS DRAWN: JDG 3 TEXAS REGISTERED ENGINEERING FIRM F-30 PROJ. No.: BCD--010 VERSION: AUTOCAD 2010 CHECKED: JRH 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 Live Oak Express Realty. Ltd.. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of RETURN TO: CITY OF PORT ARTHUR ATTN: Mark Sokolow City Attorney P. O. Box 1089 Port Arthur, Texas 77641-1089 2009. Notary Public for the State of Texas