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Home My WebLink AboutPO5466: VACATING EASEMENT MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Steve Fitzgibbons, City Manager FROM: Kelly Eldridge, Director of Utility Operations DATE: October 19, 2004 RE: Proposed Ordinance No. 5466 COMMENTS RECOMMENDATION: I recommend that the City Council approved Proposed Ordinance No. 5466, which would abandon and vacate certain utility easements in Wignall Addition, accept the dedication of a replacement easement, and approve a Developer Participation Contract with Valerie Dinh. BACKGROUND: Valerie Dinh, the current owner of property in Wignall Addition at the intersection of Jefferson Drive and Dryden Road, wishes to construct a retail center on said property that will necessitate the abandonment of an existing utility easement, as well as the relocation of an existing public sanitary sewer line. Ms. Dinh has agreed to dedicate a new easement to take the place of the existing easements, and proposes to enter into a Developer Participation Contract wherein Ms. Dinh and the City would equally share the costs for the relocation of the City sewer line, at a total estimated cost of' $14,190. All utility companies were notified of the proposed abandonment of the existing easements and dedication of the new easement, with none having any objections. BUDGET/FISCAL EFFECT: None. STAFFING/EMPLOYEE EFFECT: City crews will relocate the sewer line to the new easement. SUMMARY: I recommend that the City Council approved Proposed Ordinance No. 5466 which abandons and vacates utility easements in Lots 1 & 10, Wignall Addition and accepts the dedication of a new easement. P.O. No. 5466 10/19/04 KE ORDINANCE NO. AN ORDINANCE ABANDONING AND VACATING THE EAST THIRTY (30') FEET OF A SEVEN AND ONE HALF FOOT (7.5') WIDE EASEMENT, AND A ONE HUNDRED FIFTY FOOT (150') LONG, TEN FOOT (10') WIDE UTILITY EASEMENT IN LOT 10, WIGNALL ADDITION 1N PORT ARTHUR; ACCEPTING THE DEDICATION OF A REPLACEMENT EASEMENT AND APPROVING A DEVELOPER PARTICIPATION CONTRACT AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, under Article I, Section 7 of the Charter of the City of Port Arthur, the City has the power to vacate and abandon streets, public road fight-of-way, alleys, and easements; and, WHEREAS, Valerie Dinh is the owner of Lots 1 and 10, Wignail Addition and wishes to construct a retail center building that would be located upon a portion of an existing dedicated public utility easement; and, WHEREAS, Valerie Dinh has entered an Developer Participation Contract to equally share the costs for relocating the existing sanitary sewer line within a ten (10') foot wide utility easement, the estimated amount being Fourteen Thousand One Hundred Ninety ($14,190); and, WHEREAS, Ms. Dinh has requested that the East 30 feet of an existing 7.5 foot wide easement along the North line of Lot 10, Wignall Addition, and an existing 150' long by 10 foot wide utility easement (containing an existing public sewer line) in Lot I0, Wignall Addition be exchanged for a ten (10) foot wide utility easement along the West line of Lot 10, Wignall Addition; and, WHEREAS, the City Council has reviewed the request and found it to be in the best interest of the public to grant Valefie Dinh's request; and, P. O. 5466 10/19/04 Page 2 of 3 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the following described portion of public utility easements in the City of Port Arthur, Texas bc and are hereby abandoned and vacated as to all rights for the purpose of the installation of public utilities, to-wit: Easement to be abandoned East 30 feet of an existing 7.5 foot wide utility easement along the North line of Lot 10, Wignall Addition, as recorded in Volume 1056, Page 211 of Jefferson County, Texas Records, and a 150 foot long by 10 foot wide easement (containing an existing public sewer line) in Lot 10, Wignall Addition, as recorded in Volume 6, Page 44 of the Map Records of Jefferson County, Texas. Drawing attached as Exhibit "A". Section 2. That in exchange for abandoning and vacating the above public utility easements, the City of Port Arthur, Texas receive a replacement public utilities easement, to- wit: Re_Kep_lacement Easement Being a water utility easement that is 150' long by 10' wide along the West line of Lot 10, Wignall Addition, as recorded in Volume 6, Page 44 of Jefferson County, Texas Records. Also shown in Exhibit "A". Section 3. That Valerie Dinh shall execute a public utility easement in substantially the same form as Exhibit "B". Section 4. That as a condition of the abandonment, Valerie Dinh shall enter into the developer participation contract, attached hereto as Exhibit "C", and comply with the terms thereof. Section 5. That the easement shall be filed for record in the office of the County Clerk of Jefferson County, Texas. P. O. S466 10/19/04 Page 3 of 3 Section 6. That a copy of the caption of this ordinance be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of ,2004 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor .; Councilmembers NOES: Mayor ATTEST: APPROVED AS TO FORM: Evangeline Green Mark Sokolow City Secretary City Attorney APPROVED FOR ADMINISTRATION: Steve Fitzgibbons Kelly Eldlfidge ~' City Manager Director of Utility Operations EXHIBIT A PROPOSED ;EWER EASEMENT $ S o, S PROPOSED 12' SDR-2~ PROPOSED MANHOLE ~.O% %~ EXISTING 10' MANHOLE 1"=30' STADIUM ROAD (A.K.A. JEFFERSON DRIVE) EXIHIBIT "A" City of Port Arthur Proposed 10' Utility Easement AND ABANDONED 10' SEWER EAESMENT EXHIBIT B EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT Valerie Dinh hereinafter called GRANTOR(S), for and in consideration of the sum ofTEN AND NO/100 ($10) DOLLARS cash 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 convey and by these presents do grant, bargain, sell and convey until the said City of Port Arthur, Texas, a right, privilege and Easement in, under, and across the following described tract of land situated in Jefferson County, Texas, to-wit: Being a 150 foot long by 10 foot wide utility easement along the West line of Lot 10, Wignall Addition as recorded in Vol. 6 Pages 44, Map Records of Jefferson County, Texas, said 10 foot wide easement being further described on Attachment A, attached hereto and made a part hereof. Said Easement shall be for the purpose of constructing, installing, laying, maintaining, and repairing a line or lines for City utility purposes and it is granted subject to these provisions: I It is expressly understood and agreed that the City shall have the right of ingress to and egress from the above described tract of land for the aforesaid purposes of this Easement. 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 as is reasonably needed for working room to accomplish the aforesaid purposes of the Easement. EASEMENT Page 2 of 2 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 ,2004. GRANTOR: Valefie Dinh 3401 4th Avenue Port Arthur, Texas 77642 GRANTEE: City of Port Arthur P. O. Box 1089 Port Arthur, Texas 77640 APPROVED AS TO FORM: City Attorney ATTACHMENT A TO EXHIBIT B PROPOSED 10' UTILrPf EASEMENT ~- FCUND I/Z* sTEEL PIPE S LOT I .......... ~TADIUM ROAD (AKA JEFFERSON DR~V_E) ATTACHMENT "A" EXHIBIT C DEVELOPER PARTICIPATION CONTRACT WHEREAS, the City of Port Arthur and Valerie Dinh desire to enter into a Developer Participation Contract; and, WHEREAS, Valerie Dinh plans to develop the tract as described in Exhibit "A", as to provide a retail center; and, WHEREAS, the development of this retail center will require the relocation/re-routing of an existing public sanitary sewer line passing through this tract; and, WHEREAS, the City of Port Arthur requires Valerie Dinh to participate in the cost of such public sanitary sewer relocation/re-routing as to rehabilitate this line; and, WHEREAS, the City will abandon the existing sewer line and easement, in exchange for another easement along the West property line; and, NOW THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY OF PORT ARTHUR AND VALERIE DINH: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That as a condition of this contract, the City will abandon the existing easement in exchange for an easement along the north and west property lines. Section 3. Valerie Dinh will enter into a construction contract to construct a retail center on this property by June 1, 2005 and will complete the construction by December 31, 2005, with building permits to be issued by the City and the retail center shall be built to City Code. Section 4. Within thirty (30) days of invoice, Valerie Dinh will pay 50% of the total costs, which are estimated at $14,190, for the re-location of the public sanitary sewer line by the City of Port Arthur. Section 5. This agreement will be construed in accordance with the laws of Texas, as well as the Ordinances of the City. Section 6. The venue of all causes of action will be in Jefferson County, Texas. Section 7. Notice to the parties shall be as follows: To: City of Port Arthur Attn: Stephen Fitzgibbons, City Manager 444 4th Street P.O. Box 1089 Port Arthur, TX 77641 To: Valerie Dinh 3401 4th Avenue Port Arthur, TX 77642 Section 8. At the discretion of the City, any dispute as to this matter can first be referred to mediation or arbitration before the American Arbitration Association. SIGNED AND AGREED TO on this the day of ,2004. Valerie Dinh WITNESSED BY: SIGNED AND AGREED TO on this the day of ,2004. City of Port Arthur WITNESSED BY: EXHIBIT A TO DEVELOPER PARTCIPATION CONTRACT