HomeMy WebLinkAboutPR 24844: ACCEPTANCE OF UTILITY EASEMENT FROM MAGNA PROPERTIES LTD FOR TRAFFIC IMPROVEMENT PROJECT PR No.24844
05/11/2026 ht
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF UTILITY
EASEMENT FROM MAGNA PROPERTIES LTD FOR TRAFFIC
IMPROVEMENT PROJECT FUNDED BY TEXAS DEPARTMENT OF
TRANSPORTATION ("TXDOT")
WHEREAS, Manga Properties, LTD has agreed to grant the City of Port Arthur a utility
easement over portions of its property,as depicted in Exhibit"A",located at 3649 Gulfway Drive,
for the purpose of a traffic improvement project funded by Texas Department of Transportation
("TxDOT"); and
WHEREAS, the easement tract is legally described as being a 0.0027 acre tract (117.0
square feet)of land out of and forming a part of Lot 1,Magna Property,recorded in County Clerk's
File No. 2016004622 of the Official Public Records of Jefferson County, Texas; and
WHEREAS, approval and acceptance of the easement is hereby deemed to be 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 easements
from Magna Properties, LTD in substantially the same form attached hereto as Exhibit"B"; and,
THAT, said easements 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.
2026 at a meeting 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
APPROVED AS TO FORM:
----
Roxann Cotroneo, JD
City Attorney
APPROVED FOR ADMINISTRATION:
/lu
60,, I
r
Ronald Burton '7:-
City Man._-r
Suhail Kanwar, PE
Director of Public Services
Exhibit "A"
(Aerial)
- amity Dollar �,,F'� --'
'. e
-.,♦ a (0.0027A „. `.;
4 illito
out of LOT 1
t` '11 _ � 1�
Mar
NA PROPE
Tess , " `�� '"
. ,, 4 . / gi+ 4*,
x
Y.
p ,—�
././11/ , .,,,,,.., °
/ -,, - -,,,
4 ." a\ tip '
-4 \7 , ,
i
of
AJ
•
''' Y _ ' D
�"'' Pat Wood's r g Store ft6t
a- + f , /
„ i
� � Traffic Signal Installation Project
/
" t' ` @Gulfway Drive and 9th Avenue
♦ �,.�k
PI� ,,
.
r
Exhibit "B"
(Easement)
UTILITY EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
THAT, MAGNA PROPERTIES, LTD., a Texas limited partnership, acting by and through
its duly authorized representative ("Grantor"), for and in consideration of the sum of TEN AND
NO/100 DOLLARS ($10.00) and other good and valuable consideration paid by the CITY OF
PORT ARTHUR, TEXAS, a home-rule municipality situated in Jefferson County, Texas
("Grantee"), the receipt and sufficiency of which are hereby acknowledged, has GRANTED,
SOLD, and CONVEYED,and by these presents does hereby GRANT, SELL,and CONVEY unto
Grantee a perpetual public utility easement over, across, upon, and under the following described
real property situated in Jefferson County, Texas(the "Easement Area"):
Being a 0.0027 acre tract(117.0 sq. ft.) of land out of and a part of Lot 1,Magna Property,
recorded in County Clerk's File No. 2016004622, of the Official Public Records of
Jefferson County,Texas, said 0.0027 acres being more particularly described by metes and
bounds in Exhibit"A".
TO HAVE AND TO HOLD the above-described Easement Area, together with the rights
and appurtenances thereto belonging,unto Grantee,its successors and assigns,for the purposes set
forth herein.
Subject to the limitations noted below, this easement is granted for the perpetual right,
privilege, and easement to construct, reconstruct, install, inspect,patrol, operate,maintain, repair,
replace, upgrade, relocate, and remove public utility improvements and related appurtenances in,
on, under, over, across, and through the Easement Area, including without limitation utility lines,
conduits, communication facilities, drainage-related improvements reasonably associated with
utility work, poles, anchors, manholes, junction boxes, meters, service connections, and all
necessary ingress and egress for such purposes. This easement, however, shall not be utilized in a
manner that would impair Grantor's usage or impede the visibility of Grantor's adjoining property
for marketing or other promotional improvements or materials, including, but not limited to, its
unimpeded display of signage on its existing pole sign constructed in close proximity to the
Easement Area.
Grantor reserves the right to continue to use the Easement Area for any purpose not
inconsistent with the rights granted herein; provided, however, that Grantor shall not construct or
permit to be constructed any building, wall, fence, obstruction, or other improvement within the
Easement Area that would interfere with Grantee's use of the easement rights granted herein
without the prior written consent of Grantee.
Grantee shall have the right of ingress to and egress from the Easement Area over and
across Grantor's adjoining property as may be reasonably necessary for the exercise of the rights
granted herein. To the extent reasonably practicable, Grantee shall restore the surface of the
Easement Area and any adjacent area or improvements disturbed by Grantee's activities to
substantially the same condition existing immediately prior to such disturbance, excluding
ordinary wear, settling, and conditions beyond Grantee's control.
If Grantor fails to utilize the Easement Area within thirty-six (36) months of the effective
dated noted below, this Easement shall automatically terminate and be of no further effect.
This Easement shall be binding upon Grantor and Grantor's successors, and assigns, and
shall inure to the benefit of Grantee and Grantee's successors and assigns.
EXECUTED effective as of the day of , 2026.
GRANTOR:
MAGNA PROPERTIES,LTD.,
a Texas limited partnership
By: Magna Investments LLC, General Partner
By:
Name: Elias Sarkis
Title: Manager
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this day of ,2026,
by Elias Sarkis,Manager of Magna Investments,LLC, General Partner of Magna Properties,Ltd.,
on behalf of said limited partnership.
Notary Public, State of Texas
ACCEPTED AND AGREED TO:
GRANTEE:
CITY OF PORT ARTHUR,TEXAS:
a municipal corporation
Ronald Burton, CPM
City Manager
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this day of ,2026,
by Ronald Burton, CPM, City Manager of the City of Port Arthur, Texas,a municipal corporation.
Notary Public, State of Texas
Exhibit "A"
•
=Northeast R.O.W. Line El r) _•
Concrete Sidewalk
Curb & Gutter
Grass Island
Curb & Gutter Grass Island
9th Avenue
(110' Wide Public R.O.W.)
= ❑ N: 13,912,545.27 / ❑
Concrete Sidewalk E: 3,577,239.79
Southwest.R.O.W. Line L3�
—
0 0
Concrete Sidewalk ° o round 3/4" Pipe
Curb & Gutter O r- Telecom Pullbox ,5. N: 13,912,327.27
V E: 3,577,534.82
0 T
0.0027 Acres of Land (, AI
(117.0ft')� I o�
Part of Lot 1 0
Magna Property to r
C.F. 2016004622, OPRJCT y.� CD
aM c
4i?:, Q
Magna Properties, LTD ;o �y
Lot 1 F A V
Magna Property r-- O .�i
C.F. 2016004622, OPRJCT -. ; N.
co CO
Found 1" Pipe
N: 13,912,438.94
E: 3,577,156.94 SCALE: 1” = 30'
■ ■ ■ ■ ■
Surveyor's Notes: Survey of U U —
0' 30' 60'
(1) This survey was completed 0.0027 Acres of Land LEGEND
without the benefit of a title (117.0 ft2)
commitment, and not allC.F. = Clerk's File Number
easements, whether of record or Part of Lot 1
not, were researched at the time Magna Property OPRJCT = Official Public Records,
of this survey or shown hereon. Jefferson County, Texas
(2) All bearings are grid, based (C.F. 2016004622
on the Texas Coordinate System Official Public Records) P.O.B. = Point of Beginning
of 1983 (NAD83), South Central Plat Dated: March 4, 2026 R.O.W. = Right of Way
Zone.
(3) A field note description of Line Table • = Point for Corner
even date accompanies this plat. Line # Direction Length pq = Set "X" in Concrete
L1 S3755' 31' W 18.01'
L2 N 01' 35'20"E 21.94'
L3 S 53' 32' 17"E 13.00'
ۖCc8S5 oF_
4.4.1p,
-, Surveyors, LLC •Commercial-Industrial-Residential Colby Lee Brackin
11025 Old Voth Road - Beaumont, Texas 77713 ' '..# 7227 ,'...
Telephone (409) 838-6322 Firm No. 10136400 ',gN••.Ess1.. O l`i �.�
4 www.access-surveyors.com § rpIs51630aol.com �3UR . Colby Lee Brockin
RI..:2026194_91h At Gutrway Technician:AML Registered Professional Land Surveyor No. 7227
\s� Cress Commercial•Residential•Industrial
Surveyors, LLL" Firm No. 10136400
March 4,2026
FIELD NOTE DESCRIPTION
0.0027 Acres of Land(117.0 sq.ft.)
out of LOT 1
MAGNA PROPERTY
City of Port Arthur
Jefferson County,Texas
Being a 0.0027 acre tract(117.0 sq.ft.)of land out of and a part of Lot 1,Magna Property,
recorded in County Clerk's File No. 2016004622, of the Official Public Records of
Jefferson County,Texas,said 0.0027 acres being more particularly described by metes and
bounds as follows:
Note:All bearings and coordinates are grid, based on the Texas Coordinate System of
1983(NAD83),South Central Zone.
BEGINNING at a scribed"X"set in concrete at the intersection of the southwest right of
way line of 9th Avenue,a 110 foot wide public right of way,and the northwest right of way
line of Gulfway Drive,a 90 foot wide public right of way,at the most easterly corner of
said Lot 1,and the most easterly corner of the herein described tract, from which a 3/4"
pipe found at the intersection of the southwest right of way line of said 9th Avenue,and the
northwest right of way line of 15`h Street bears South 53°32'17" East,366.83 feet, said
beginning point has a State Plane Coordinate value of N: 13,912,545.27,E:3,577,239.79;
THENCE South 37°55'31"West along the northwest right of way line of said Gulfway
Drive,the southeasterly line of said Lot 1,and the southeasterly line of the herein described
tract,a distance of 18.01 feet to a scribed"X"set in concrete for the most southerly corner
of the herein described tract,from which a 1"pipe found at the southerly corner of said Lot
1 bears South 37°55'31"West, 116.80 feet;
THENCE North 01°35'20"East crossing said Lot 1 and along the west line of the herein
described tract, a distance of 21.94 feet to a capped rod stamped "Access" set in the
southwest right of way line of said 9th Avenue,the northeasterly line of said Lot 1,and for
the most northerly corner of the herein described tract;
THENCE South 53°32'17"East along the southwest right of way line of said 9th Avenue,
the northeasterly line of said Lot 1,and the northeasterly line of the herein described tract,
a distance of 13.00 feet to the POINT AND PLACE OF BEGINNING, containing
0.0027 acres of land,more or less.
A plat of even date accompanies this field note description bearing job number 2026194.
Page 1 of 1
11025 Old Voth Road,Beaumont,Texas 77713 Office:(409)838-6322
Email:rp1s5163@aol.com Web:www.access-survevors.com
Description_SW Int.9th Ave.at Gulfway Dr._Port Arthur_2026194