HomeMy WebLinkAboutPR 15822: ACCEPT NEW WATER UTILITY EASEMENT FROM PAISDMEMORANDUM
- ,g CITY OF PORT ARTHUR.
UTILITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager / ,
FROM: Kelly Eldridge; Director of Utility Operations ~1~~(,_a~,
DATE: March 31, 2010
RE: Proposed Resolution No. 15822
COMMENTS
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 1.5822, which. rescinds
Resolution No. 09-202 in its entirety and accepts a new Water Utility Easement from the PAISD for
the purpose of installing, maintaining, operating, arid replacing public water utilities on a portion of
their property: .
BACKGROUND
The PAISD is constructing a new Washington Elementary School on Texas Ave. & 14~' Street. Some
public water and sewer construction was necessary to provide service, and was to be done off of
existing City right-of--way. Last yeaz, we accepted three small easements in Res. No. 09-202, one for
their water meter & appurtenances and two for manholes in order to provide service to this property.
Since then, their contractor built private plumbing improvements over a lazge portion of the water
meter easement, so we needed additional easement to place our metering equipment. They also did
not build their service manholes within the granted easements and have since decided to keep those
on their private property. All this simply means is that we do riot need the originally granted
easements, just the new one for the water meter. Their sanitary sewer service connections will remain
at the street right-of--way. Their consulting engineer provided the easement description.
BUDGET/FISCAL EFFECT
Once we accept the public water line, the City will install the water meter & appurtenances in this
easement, with all materials, labor & equipment costs to be paid by the PAISD.
STAFFING/EMPLOYEE EFFECT
City staff will install the meter and appurtenances in the easement.
SUMMARY
I recommend that the City Council approve P.R. No. 15822, which rescinds Resolution No. 09-202
in its entirety and accepts a new Water Utility Easement from the PAISD.
P.R. No. 15822
03/30/10
RESOLUTION NO.
A RESOLUTION RESCINDING RESOLUTION NO.
09-202 IN ITS ENTIRETY AND 'ACCEPTING A
NEW WATER UTILITY EASEMENT FROM THE
PORT 'ARTHUR INDEPENDENT SCHOOL
DISTRICT- FOR THE CONSTRUCTION,
INSTALLATION, LAYING, AND MAINTAINING
OF WATER UTILITIES IN THE CITY OF PORT
ARTHUR.
WHEREAS, the City Council of the City of Port Arthur approved Resolution No. 09-202
accepting three utilities easements from the PAISD 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 PAISD-Washington Elementary School in connection with utility services of
the City of Port Arthur; and,
WHEREAS, the public water and sewer lines were not constructed within the aforesaid
easement, and the City Council deems it appropriate to rescind Resolution No. 09-202 in its entirety
and accept another water utility easement from the PAISD 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 at Washington Elementary School in 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. 09-202 in its entirety; and,
THAT, the City Manager of the City of Port Arthur be and is hereby authorized and
instructed to execute and accept a new Water Utility Easement from the Port Arthur Independent
School District for the purpose of constructing, installing; laying and maintaining water utilities in
substantially the same forin as described in Attachment °`A", attached and made a part hereof; and,.
THAT, acertified-.copy of said Water Utility Easement shall be filed for record in the office
P.R. No. 15822
03/30/10
Page Z
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
ATTEST:
Terri Hanks
City Secretary
APPROVED AS TO FORM:
G~ 1
Valecia T`iz no
City Attorney
P.R. No. 15822
03/30/10
Page 3
APPROVED FOR ADMINISTRATION:
Stephen Fitzgibbons
City Manager
~~~~
Ross Blackketter, P.E.
Director of Public Works ,
i/D.~
elly El dge~'
Director of Utility Operatioris
z
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 ~ , 2010.
CITY OF PORT ARTHUR
By:
Stephen Fitzgibbons, City Manager
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OE JEFFERSON
BEFORE ME, the undersigned Notary Public, on this day personally appeazed 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
ATTACHMENT- "A"
MATER. UTILITY EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
THAT, The Port Arthur Independent School District, hereinafter called
"Grantor(s)", for and in consideration of the sum of ONE: AND N0/100 ($9.00)
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
3
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 8~ 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 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 Easementtracts as
is reasonably needed forworking 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
2010.
By:
Dr. Johnny E. Brown, PAISD
APPROVED AS TO FORM:
City Attorney
A.D.,
EXHIBIT "A"
to ATTACHMENT "A"
(Provided by Fittz 8 Shipman, Inc.)
3neineers and Land Surveyors
EXhID3IT A, P.~OE 1 OF 3
FIELD NOTE DESCRIPTYON
aF A a.aosv ACRE TRACT
POR A '
WATER METER EASEMENT
(DiJT OF LOT 7, BLOCK 33 OF
PORT ARTHUR HEIGHTS
JEFFERSOIO' COUNTY, TEXAS
Mr1RCFY 3, 2010
That certain 0.0059. acre tract for a water meter easement out of Lot 7, Biock 33 of Port Arthur
Heights, a plat recorded in Volume 2, Page 138 of the Map Records of Jefferson County, Texas,
said 0.0059 acre trail being more particularly described as follows:
Nofe: The Basis of Bearing is the southwestedy right-of-way line of Texas Avenue and the
northeasterly line of Block 34 of said Port Arthur Heights having been called North 48°47'00°
West.
COIlRIb7€NCING at a 518" iron rod found at the intersection of the said southwesterly right-of-way
line of Texas Avenue and the northwesterly right-of-way line of 12" Street for the east corner of
said Block 34 from which a''/z" iron pipe found in the said southwesterly right-of-way line of,
Texas Avenue bears North 48°47'00" West 321.36 feet (called North 48°47'00" West 320.00
feet);
THENCE North 41°13'00" East a distance of 60.00 feet (called North 41°13'00" East 60.00 feet)
to a point at the intersection of the northeasterly right-of-way line of Texas Avenue and the said
northwesterly right-of-way Tine of 12s' Street for the south comer of said Lot 7;
THENCE North 48°4700" West along the said northeasterly right-of-way line. of Texas Avenue
and the southwesterly line of said Lot.7 a distance of 74.36 feet (called North 48°47'00" West) to
a point for the south corner of the said 0.0059 acre Tract and the POINT OF BEGINNING;
THENCE North 48°47'00" West continuing along the said northeasterly right-of-way line of
Texas Avenue and the said southwesterly line of said Lot 7 and the said 0.0059 acre trail a
distance of 15.00 feet (called North 48°4700" West) to a poinffor-the west corner of the said
0.0059 acre tract from which the west comer of said Lot 7 bears North 48°47'00" West 30.64
feet (called North 48°47'00° West);
THENCE North 41°13'00" East along the northwesterly line of the said 0.0059 acre tract a
distance of 17.00 feetto a point for the north corner of the said 0.0059 acre tract;
THENCE South 48°47'00° East along the northeasterly line of the said 0.0059 acre tract a
distance of 15.00 feet to a point for the east corner of the said 0.0059 acre tract;
Fittz & Shipman, Inc
Project No. 08289wmesmtl
Plat& Description
1405 Cornerstone Court,• Beaumont, Texas 77706 • (409) 832-7236 • fax (409) 832-7303
£XHI~3IT A, DAGF; 2 fl~ 3
THENCE South 41°13'00" bVest along the southeasterly line of the-said 0.0059 acre tract a
distance of 17.C0 feet to the POl1YT OFBtGINMfNG and containing 0.0059 acres of land, more
or less.
This Field Note Description is based on a survey performed by Fitlz & Shipman, Inc. on January
19, 2009.
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Walter J. Ksiazek ~. ~a .r t~7yc s
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Registered Professional Land nreyor No. 5 1 ~ .~~_ _
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Plat & Description
EXHIBIT "A", Page 3 of 3
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w LOT 5 LOT 8
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LOT 6 20'
ALLEY
LOT 7
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~ METER EASEMEN
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0.0059 ACRE POINT OF
PORT ARTHUR HEIGHTS eECwNINc
• VOL 2, PG. 138, M.R. J. C.
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MI EASEMENT
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15' X 17'
WATER METER EASEMENT
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INC. PR07ECT NA1r1E: WASHINGTON ELEMENTARY SCHOOL
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~ Consulting Engineers and Larsd Surveyors LOT 7, BLOCK 33 OF
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1h05 CORNERSTONE COURT BEAUMONT, TEXAS
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PORT ARTHUR HEIGHTS PROJECT NO.
No. az, (4os)63z-7238 FAx (hos)632-7303 °'H` NO e399an11
_.. - PLDr °e:[: s-os-i° -
PORT ARTHUR, TEXAS osz6s
DAZ'1''.,: 3-03--10
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 PortArthur Independent School.
District.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the
day of , 2010•
Notary Public for the State of Texas
rr -
RETURN TO:
CITY OF PORT ARTHUR
ATTN: Mark Sokolow
City Attorney
P. O. Box 1089
Port Arthur, Texas 77641-1089