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HomeMy WebLinkAboutPR 15683: LEGACY SENIOR HOUSING PROJECT WATER UTILITY EASEMENTMEMORANDUM. CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROM: Kelly Eldridge, Director of Utility Operations DATE: January 5, 2010 RE: Proposed Resolution No. 15683 RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 15683 rescinding Resolution No. 07-504, No. 08-389; and No. 09-112 in their entirety and accepting a new Water Utility Easement from LRG Legacy Senior Housing of,Port Arthur, LP for the purpose of installing, maintaining, operating, and replacing water lines through a portion of their property. BACKGROUND This is the fourth Resolution accepting an easement and third Resolution rescinding the previous easements for this waterline. In November 2007 (by Res. No. 07-504) LRG Legacy Senior Housing of Port Arthur, LP granted the City an easement for the public waterlines to serve the new Legacy Senior Housing project on Lake Arthur Drive. Later, they discovered that their engineer and contractor had constructed the waterline outside this easement. In September 2008 (by Res. No. 08- 389), we rescinded Resolution No. 07-504 and defined new easement boundaries provided by their engineer. Subsequent to the Final Inspection in February 2009, it was discovered that portions of the waterline were still not installed within the newly described easement tracts, and we rescinded all previous easements and accepted the new one they provided. Upon the contractor's application for service connections, it was discovered that the contractor extended several `City' service lines from the main line (which is now mostly under pavement), across paved azeas up to manybuildings where we have no reasonable access to maintain these lines. City service lines and meters must be installed on City property, right-of--way, or easements where we can access these lines for maintenance. The contractor is working on finding and placing these services within the main line easement. We aze working with the contractor and their engineer on installing meters where currently possible. An accompanying Resolution recommends acceptance of the water system, even though there aze still a few service connections that aze not accessible at this time. BUDGET/FISCAL EFFECT None. STAFFING/EMPLOYEE EFFECT None. SUMMARY I recommend that the City Council approve Proposed Resolution No. 15683 rescinding Resolution No. 07-504, No. 08-389, and No. 09-112 in their entirety and accepting a new Water Utility Easement from LRG Legacy Senior Housing of Port Arthur, LP. P.R. No.15683 Ol/OS/10 RESOLUTION NO. A RESOLUTION RESCINDING RESOLUTIONS NO.'07-504, NO. 08-389, AND NO. 09-112'IN THEIR- ENTIRETY AND ACCEPTING A WATER UTILITY EASEMENT FROM LRG LEGACY SENIOR HOUSING OF PORT ARTHUR, LP FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTENANCE OF WATER UTILITIES IN THE CITY OF PORT ARTHUR. WHEREAS, the City Council of the City of Port Arthur approved Resolution No. 07-504 accepting a water utility easement from LRG Legacy Senior Housing of Port Arthur, LP for the construction, installation, laying, and maintenance of water utilities in the City of Port Arthur under, through, and across a portion of their property in connection with utility services of the City of Port Arthur; and, WHEREAS, the public water line was not constructed within the aforesaid easement, and the City Council deemed it appropriate to rescind Resolution No. 07-504 in its entirety and accept another water utility easement from LRG Legacy Senior Housing of Port Arthur, LP in Resolution No. 08-389; and, WHEREAS, the public water line was still not constructed within either of the aforesaid easements, and the City Council deemed it appropriate to rescind Resolution No. 07-504 and Resolution No. 08-389 in their entirety and accept another water utility easement from LRG Legacy Senior Housing of Port Arthur,: LP in Resolution No. 09-112; and, WHEREAS, portions of the public water line are still not constructed within any of the aforesaid easements, and the City Council deems it appropriate to rescind Resolution No. 07-504 , Resolution No. 08-389, and Resolution No. 09-112 in their entirety and accept another water utility easement from LRG Legacy Senior Housing of Port Arthur, LP iri Resolution 09-112 for the construction; installation, laying, and maintenance of water utilities in the City of Port Arthur under, P.R. No. 15683 Ol/OS/10 Page 2 through, and across a portion of their property in connection with utility 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 Council rescinds Resolution No. 07-504, Resolution No. 08-389, and Resolution No. 09-112 in their 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 from LRG Legacy Senior Housing of Port Arthur, LP 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 2010, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers: NOES: Deloris Prince Mayor P.R No. 15683 Ol/05/10 Page 3 ATTEST: Terri Hanks City Secretary APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons City Manager _~~~ ~ ~ Ross Blackketter, P.E. Director of Public Works APPROVED AS TO FORM: y~ Valecia Tizeno Acting City Attorney Kelly Eld~i~dge -~ Director of Utility Operations ATTACHMENT "A" WATER UTILITIES EASEMENT STATE OF TEXAS § § KNOW ALL MEN BYTHESE PRESENTS COUNTY OF JEFFERSON § THAT, LRG Legacy Senior Housing of Port Arthur, LP, hereinafter called "Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration to the undersigned 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, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the said City, a right, privilege and easement in, under and across the following described tracts of land situated in Jefferson County, Texas, to-wit: See Exhibit "A" attached hereto and incorporated herein by reference. Said Easement shall be for the purpose of constructing, installing, laying, maintaining and repairing a line or lines for Water Utilities purposes and it is granted subject to these provisions: It is expressly understood and agreed that the City shall have the right to ingress to and egress from the above described tract of land for the aforesaid purposes of this Easement. It is expressly understood and agreed that the City shall have the right to the temporary use of adjacent property to the above designated Easement as is reasonably needed for working room to accomplish the aforesaid purposes of this Easement. Easement Page 2 of 3 It is expressly understood and agreed that any improvements or encroachments onto this easement will not be replaced by the City due to maintenance of the City's system(s). This includes pavement, landscaping, buildings, sidewalk, fence, irrigation systems, or other improvements placed within the easement. TO HAVE AND TO HOLD the same unto the City of Port Arthur, Texas, its successors and assigns forever. SIGNED AND EXECUTED this day of , 2010. By: LRG Legacy Senior Housing of Port Arthur, LP APPROVED AS TO FORM: GRANTEE: City of Port Arthur P. O. Box 1089 Port Arthur, Texas 77640 Valecia Tizeno Acting City Attorney ACKNOWLEGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day 'personally appeared of LRG Legacy Senior Housing of Port Arthur, LP, known to me to be the person whose name is subscribed to the foregoing instnunent 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 LRG Legacy Senior Housing of Port Arthur, LP. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 2010. 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 ACCEPTANCE OF EASEMENT These easements were accepted by the City of Port Arthur per Resolution No. approved by the City Council on WITNESS MY HAND this day of 2010. CITY OF PORT ARTHUR 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 2010. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS EXHIBIT ~~A" 0.6478 ACRE OF LAND FOR WATER LINE EASEMENT PURPOSES OUT OF BLOCK 11, RANGE "I", PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS BEING 0.6478 acre bf land out of and a part of Lots 3 and 4, Block 1 1, Range "I", Port Arthur Land Company Subdivision, City of Port Arthur;.recorded in Volume 1; Page 22, Map Records, Jefferson County, Texas; being part of a (Called 12.202) acre tract of land conveyed to LRG Legacy Senior Housing of Port Arthur, L.P., recorded in File No. 2006073604, Official Public Records, Jefferson County, Texas; said 0.6478 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a '/~" steel rod found on the Northerly right of way line of a dedicated road named Lake Arthur Drive; said %" steel rod being the Southwest corner of Block 8, The Park At Lake Arthur, recorded in Volume 16, Page 276, Map Records, Jefferson County, Texas; also being the most Easterly corner of the (Called 12:202) acre tract; THENCE, South 36 deg., 49 min., 58 sec., West, on the Northerly right of way line of said Lake Arthur Drive and the Southeasterly line of-the (Called 12.202) acre tract, a distance of 146.61' to a point for corner being the POINT OF BEGINNING of the herein described tract; THENCE, South 36 deg., 49 min., 58 sec., West, continuing on the Northerly right of way line of said Lake Arthur Drive and the Southeasterly line of the (Called 12.202) acre tract, a distance of 15.06' to a point for corner; from which a %" steel rod found for point of curvature on the Northerly right of way line of said Lake Arthur Drive bears South 36 deg., 49 min., 58 sec., West, a distance of 58.51'; THENCE, North 47 deg., 56 min., 32 sec., West, a distance of 46.98'; THENCE, South 42 deg., 03 min., 28 sec., West, a distance of 12.16'; THENCE, North 47 deg., 56 min., 32 sec., West, a distance of 15.00'; THENCE, North 42 deg., 03 min., 28 sec., East, a distance of 12.16'; THENCE, North 47 deg., 56 min., 32 sec., West, a distance of 49.82'; THENCE, South 42 deg., 03 min., 28 sea, West, a distance of 259.38'; THENCE, South 81 deg., 35 min., 14 sec.. West, a distance of 129.61'; THENCE, North 08 deg., 24 min., 46 sec., West; a distance of 51.59'; THENCE, North 81 deg., 35 min., 14 sec., East, a distance of 15.00'; THENCE, South 08 deg., 24 min., 46 sec., East, a distance of 10.57'; THENCE, North 81 deg., 35 min., 14 sec., East, a distance of 37.66'; THENCE, North 08 deg., 24 min., 46 sec.. West; a distance of 33.10'; THENCE, North 81 deg., 35 min., 14 sec., East, a distance of 15.00'; THENCE; South 08 deg., 24 min., 46 sec., East, a distance of 33.10'; THENCE, North 81 deg., 35 min., 14 sec., East, a distance of 56.56'; THENCE, North 42 deg., 03 min., 28 sec.; East, a distance of 253.99'; THENCE, North 47 deg., 56 min., 32 sec.; West, a distance of 6.86'; THENCE, North 66 deg., 38 min.; 52 sec., West, a distance of 215.9'; THENCE, South 80 deg., 46 min., 14 sec., West; a distance of 30.86'; THENCE, South 09 deg., 13 min., 46 sec., East, a distance of 15.61'; THENCE, South 80 deg., 46 min., 14 sec., West, a distance of 15.00'; THENCE, North 09 deg., 13 min., 46 sec., West, a distance of 15.61'; THENCE, South 80 deg., 46 min., 14 sec., West, a distance of 353.87'; THENCE, South 25 deg., 16 min., 45 sec., West, a distance of 76.72'; THENCE, South 00 deg., 17 min., 16 sec., West, a distance of 178.29'; THENCE, South 58 deg., 42 min., 15 sec., East, a distance of 1.75'; THENCE, North 31 deg., 17 min., 45 sec., East, a distance of 13.00'; THENCE, South 58 deg., 42 min., 15 sec., East, a distance of 15.00'; THENCE, South 31 deg., 17 min., 45 sec.,West, a distance of 13.00'; THENCE, North 89 deg., 51 min., 03 sec., East, a distance of 128.95'; THENCE; South 43 deg., 51 min., 37 sec., East, a distance of 89.35'; THENCE; South 07 deg., 38 min., 11 sec., East, a distance of 143.07' to a point for corner on'the Northerly right of way line of said Lake Arthur Drive; same being the Southerly line of the (Called 12.202) acre tract; THENCE, on the Northerly right of way line of said Lake Arthur Drive on the arc of a curve to the right having a radius of 810.00', an arc length of 15.06', a chord bearing of South 77 deg., 18 min., 38 sec., West, a chord distance of 15.06' to a point for corner being the most Southerly Southwest corner of the herein described tract; THENCE, North 07 deg., 38 min., 11 sec., West, a distance of I39.49'; n ~ THENCE, North 43 deg., 51 min., 37 sec.; West, a distance of 78.03'; THENCE, South 89 deg.; 51 min., 03 sec., West, a distance of 126.77'; THENCE, North 58 deg., 42 min., 15 sec., West, a distance of 30.97'; THENCE, North 00 deg., 17 min., 16 sec., East, a distance of 190.10'; THENCE, North 25 deg., 16 min., 45 sec.. East, a distance of 45.42'; THENCE, North 64 deg., 43 min., 15 sec., West, a distance of 10.28'; THENCE, North 25 deg., 16 min., 45 sec., East, a distance of 15.00'; THENCE, South 64 deg., 43 min., 15 sec., East, a distance of 10.28'; THENCE, North 25 deg., 16 min., 45 sec., East, a distance of 27.51'; THENCE, North 80 deg., 46 min., 14 sec., East, a distance of 412.00'; THENCE, South 66 deg., 38 min., 52 sec., East, a distance of 222.45'; THENCE, South 47 deg., 56 min., 32 sec., East, a distance of 134.76' to the POINT .OF BEGINNING and containing 0.6478 acre of land, more or less. Note: Bearings, distances, and acreage aze based on State Plane Coordinate Grid System, Texas South-Central Zone, NAD 83. Scale Factor = 0.999918367 This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on October 19, 2007, and revised January 5, 2010. 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