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HomeMy WebLinkAboutPR 24731: ACCEPTANCE OF A UTILITY AND DRAINAGE EASEMENT FROM D & T INTERESTS, LLC FOR GOLF HILL VILLAS DEVELOPMENT igsk City of �- rrr! rt{tu� INTEROFFICE MEMORANDUM Date: January 12, 2026 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Calvin Matthews, P.E., Water Utilities Director RE: P.R. No. 24731 —Authorizing Acceptance of a Utility and Drainage Easement from D & T Interests,LLC for Golf Hill Villas Development Introduction: The purpose of this agenda item is to authorize acceptance of a Utility and Drainage Easement from D & T Interests, LLC to allow for the construction, installation, operation, inspection, maintenance,repair,replacement and use of public water,sanitary sewer,and storm sewer lines, along with all related appurtenances, for the 3.568-acre Golf Hill Villas Development. Background: Pursuant to Ordinance 24-01,the City entered into a Developer Participation Contract with D & T Interests, LLC for public infrastructure improvements associated with the development of 3.568 acres of land located on or around Jimmy Johnson near the Babe Zaharias Golf Course. The public infrastructure improvements have been completed by D & T Interests, LLC, and are being presented to the City for consideration and acceptance via Proposed Resolution No.24720. Budget Impact: None. Recommendation: It is recommended that the City Council approve PR No. 24731, which accepts this Utility and Drainage Easement for the installation,operation,maintenance,repair,and replacement of water distribution facilities, sanitary sewer facilities, and stormwater drainage facilities, including storm sewers, culverts, and appurtenances, together with full rights of ingress and egress for public purpose. "Remember,we are here to serve the Citizens of Port Arthur" PR No. 24731 1/12/2026 cm Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A UTILITY AND DRAINAGE EASEMENT FROM D & T INTERESTS, LLC TO ALLOW FOR THE INSTALLATION, OPERATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF WATER DISTRIBUTION FACILITIES, SANITARY SEWER FACILITIES, AND STORMWATER DRAINAGE FACILITIES, INCLUDING STORM SEWERS, CULVERTS, AND APPURTENANCES, TOGETHER WITH FULL RIGHTS OF INGRESS AND EGRESS FOR PUBLIC PURPOSE,FOR THE 3.568-ACRE GOLF HILL VILLAS DEVELOPMENT. WHEREAS,pursuant to Ordinance 24-01,the City entered into a Developer Participation Contract with D & T Interests, LLC for the purpose of providing cost-sharing associated with the public infrastructure improvements for the development of Golf Hill Villas on approximately 3.568 acres of land located at 3301 Jimmy Johnson Boulevard,Port Arthur, Texas; and WHEREAS,the public infrastructure improvements have been substantially completed by D & T Interests, LLC, and are being presented to the City for consideration and acceptance via Proposed Resolution No. 24720; and WHEREAS,contingent upon the acceptance of the public infrastructure,the City Council deems it appropriate to accept a utility and drainage easement from the property owner: D & T Interests, LLC for the installation, operation, maintenance, repair, and replacement of water distribution facilities, sanitary sewer facilities, and stormwater drainage facilities, including storm sewers, culverts, and appurtenances, together with full rights of ingress and egress for public purpose. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT,the facts and opinions in the preamble are true and correct; and, THAT,contingent upon the acceptance of the public infrastructure improvements,the City PR No. 24731 1/12/2026 cm Page 2 of 3 Manager will be authorized and to execute and accept a Utility and Drainage Easement from D & T Interests, LLC, to allow for the construction, installation, operation, inspection, maintenance, repair, replacement and use of public water, sanitary sewer, and storm sewer lines, along with all related appurtenances, together with full rights of ingress and egress for public purpose, for the 3.568-acre Golf Hill Villas Development, in substantially the same form as described in Attachment"A", attached and made a part hereof; and, THAT, upon full execution, the Utility and Drainage Easement shall be filed for record with the County Clerk of Jefferson County, Texas. 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 , 2026, at a Regular Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES: Mayor Councilmembers: NOES: CITY OF PORT ARTHUR: Charlotte M. Moses, Mayor ATTEST: Sherri Bellard, TRMC City Secretary PR No. 24731 1/12/2026 cm Page 3 of 3 APPROVED AS TO FORM: Roxann Pais Cotroneo City Attorney APPROVED FOR ADMINISTRATION: Rona City Manager Suhail Kanwar, P.E. Director of Public Services Calvin Matthews, P.E. Water Utilities Director ATTACHMENT "A" (Utility and Drainage Easement) UTILITY AND DRAINAGE EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT, D & T Interests, LLC, hereinafter called "Grantor(s)", for and in consideration of the sum of ZERO AND NO/100 ($0) DOLLARS 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 City a perpetual Utility and Drainage Easement upon, across, under, and through the tracts of land situated in Jefferson County,Texas to wit: For metes and bounds description & sketch, see Exhibits "A" & "B",respectively,attached hereto and incorporated by reference. Said Easement shall be exclusive and shall be for the purpose of for the installation, operation, maintenance, repair, and replacement of water distribution facilities, sanitary sewer facilities, and stormwater drainage facilities, including storm sewers, culverts, and appurtenances, together with full rights of ingress and egress for public purpose. I 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 utility and drainage services to the adjoining properties. II 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., 2026. Grantor: D & T Interests,LLC By: Print Name: Title: APPROVED, ACCEPTED AND AGREED TO: Grantee: City of Port Arthur, Texas By: Ronald Burton, CPM City Manager APPROVED AS TO FORM: By: Roxann Pais Cotroneo, JD City Attorney ACKNOWLEDGEMENT 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 D & T Interests, LLC. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2026. Notary Public for the State of Texas RETURN TO: CITY OF PORT ARTHUR ATTN: Law Department P. O. Box 1089 Port Arthur, Texas 77641-1089 EXHIBIT "A" (Metes &bounds description by Soutex Surveyors & Engineers, Inc) TBPE Firm No.F-5755 T _ TBPLS Firm No.10123800 �� SOUTE _-X &: LA EF.0oo571t ~ 3737 Doctors Drive ' Port Arthur,Texas 77642 SURVEYORS&ENGINEERS s Office (409) 983.2004 Fax (409)983.2005 3.567 (CALLED 3.5625) ACRES OF LAND ALL OF RESERVE "B",FAIRWAY ESTATES CITY OF PORT ARTHUR,JEFFERSON COUNTY,TEXAS BEING 3.567 (Called 3.5625) acres of land, all of Reserve "B", Fairway Estates, recorded in Volume 14, Pages 178-179, Map Records, Jefferson County, Texas, being all of the same tract of land described in a deed to D&T Interests,LLC,recorded in File No.2017000101,Official Public Records, Jefferson County, Texas; said 3.568 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. BEGINNING at a '/2" steel rod, capped and marked"SOUTEX", set for the most Easterly corner of Lot 1, Block 4, Fairway Estates; said '/2" steel rod being on the Northwest right-of-way line of a dedicated road named Jimmy Johnson Boulevard and most Southerly corner of the herein described tract, having a Texas Coordinate of N: 13923635.26 E: 3558147.92; THENCE,North 43 deg., 42 min., 24 sec., West (Called North 39 deg., 10 min., 35 sec., West), on the Northeast line of Lots 1 &2 of said Block 4,a distance of 128.93' (Called 128.99'),to a'/2" steel rod,capped and marked"SOUTEX", found for the common corner of said Lots 2 &3 of said Block 4, on the South line of a tract of land being part of The City of Port Arthur Babe Zaharias Golf Course, recorded in Volume 1763, Page 164, Deed Records, Jefferson County, Texas; said 1/2" steel rod being the most Westerly corner of the herein described tract; THENCE,North 46 deg., 10 min., 50 sec.,East(Called North 50 deg.,49 min.,25 sec.,East),on the Southeast line of said City of Port Arthur Tract,a distance of 212.30' (Called 212.09'),to a 1/2" steel rod found in concrete, for corner; THENCE, North 36 deg., 41 min., 17 sec., East (Called North 41 deg., 17 min., 39 sec., East), continuing on the Southeast line of said City of Port Arthur Tract, a distance of 855.24' (Called 855.00'), to a 1/2" steel rod, capped and marked "SOUTEX", set for the Northwest corner of the herein described tract; THENCE,North 58 deg., 32 min., 50 sec., East (Called North 63 deg., 09 min., 12 sec., East), continuing on the Southeast line of said City of Port Arthur Tract, a distance of 247.75', to a 1/2" steel rod, capped and marked "SOUTEX", set on the Northwest right-of-way line of said Jimmy Johnson Boulevard; said 1/2" steel rod being the Northeast corner of the herein described tract; THENCE, on the Northwest right-of-way line of said Jimmy Johnson Boulevard, on an arc of a curve to the right, having a radius of 1460.00', an arc length of 333.15' (Called 332.79'), a chord bearing of South 30 deg., 08 min., 27 sec., West, a chord distance of 332.43' (Called 332.07'), to a crows foot found in concrete, for corner; THENCE, South 36 deg., 41 min., 34 sec., West (Called South 41 deg., 17 min., 39 sec., West), continuing on the Northwest right-of-way line of said Jimmy Johnson Boulevard, a distance of 655.05', to a '/2" steel rod, capped and marked "SOUTEX", found for corner; THENCE, on an arc of a curve to the right, having a radius of 1460.00', an arc length of 333.67' (Called 333.41'), a chord bearing of South 43 deg., 14 min., 18 sec., West(Called South 47 deg., 50 min., 11 sec., West), a chord distance of 332.94' (Called 332.68'), to the POINT OF BEGINNING and containing 3.567 acres 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 August 5, 2025. D & T Interests, LLC 21-0844 77 EXHIBIT "B" (Survey Drawing by Soutex Surveyors &Engineers, Inc) 1� 0,1 Cm LI Cf) 9PL I j tl LgS1 b i ,, .e) ,,,_1 a ffWge `21§ $ 6 %g,„ o � a 1—� -m o b 'VW 4e, ,.� g b .\,, i 1 2 i 1 O are LLJ al abeg3 S 1`\'-_„ ; P<0em 4 E 6�n b i O r s b s c a m - go x— X U . Sgt, o $ O ri 3Z, L-, ,,,,,, �b b e,,, gt�a F : 4g h mi -- ; (.0b,,,,: , ` R iL > w' < I1l3 a a g6 $: _ gbb„*� gl a WI, � + a $ d w g gW ,, Ki Z^Igg V- gi Ow t_;: ; e" ,,.. 2 E6. a 4 4 014 L1°e ' C l p iq 77 r 5 1i e�`€9'1 1 L 1, In i- 1 i 31I 1 1 ' i 1 1l ,104° ail. ��, 1 i� s ;;a J V i S � a � g "�' 1A a.ILSUS i e ucc INIIC.n p .N 1g5111; PA il ;',4, �:..a� F' s 9 1¢ s 5 � g �G a ,I I I I--7 1 ;MAW g ..1 1 €1# i.;; sE i1 ell ii IE n! f 1 "7 1 1 1 I Al i ° ® Mn g 1 -I e-1 , s �R ' ., '1 Ili s5 p= A !PI Aa @4; ill s^ !!1 ' i II . 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