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Home My WebLink AboutPR13040:ACCEPT UTILITY EASEMENTTO: FROM: DATE: RE: MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT Steve Fitzgibbons, City Manager Kelly Eldridge, Director of Utility Operations February 14, 2005 Proposed Resolution No. 13040 COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 13040 accepting a Utility Easement from Port Arthur CPDC, L.L.C. for the placement of utilities through a portion of their property. BACKGROUND Port Arthur CPDC, L.L.C. is proposing to construct a new retail center near the intersection of F.M. 365 and Twin City Highway. The proposed building's location is over the existing water line easement dedicated with the construction of the Albertson's development (currently H.E.B./Hollywood Video). Port Arthur CPDC, L.L.C. is proposing this new easement along their rear property line to construct a new public water line, along with other private improvements. They also are planning construction of a new sewer line to be connected to the H.E.B. property's private sewer system. Should the H.E.B. sewer system (line and lift station) be brought up to City Standards, we will recommend acceptance by the City. Until then, any new sewer line installed will have to be privately owned and operated by joint use agreement between these property owners. This Utility Easement is necessary for the proper operation and maintenance of the City's infrastructure. When construction of any new City infrastructure is complete, it will be submitted for City Council acceptance upon execution of the appropriate documents. BUDGET/FISCAL EFFECT None. STAFFING/EMPLOYEE EFFECT None. SUMMARY I recommend that the City Council accept this Utility Easement. /aw P.R. No. 13040 02/14/05 lC.E/aw RESOLUTION NO. A RESOLUTION ACCEPTING A UTILITY EASEMENT FROM PORT ARTHUR CPDC, L.L.C. FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF PUBLIC UTILITIES IN THE CITY OF PORT ARTHUR. WHEREAS, the City Council of the City of Port Arthur deems it appropriate to accept a utility easement from Port Arthur CPDC, L.L.C. for the construction, installation, laying, and maintenance of public utilities in the City of Port Arthur under, through, and across a portion of property owned by Port Arthur CPDC L.L.C., 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 Manager of the City of Port Arthur be and is hereby authorized and instructed to execute and accept a utility easement from Port Arthur CPDC, L.L.C. for the purpose of constructing, installing, laying and maintaining public utilities in substantially the same form as described in Exhibit "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 , 2005, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: P.R. No. 13040 02/14/05 KE/aw Page 2 AYES: Mayor Cotmcilmembers: NOES: ATTEST: Oscar Ortiz Mayor Evangeline Green City Secretary APPROVED AS TO FORM: MarkSokolow (~ ~[l~t~ City Attorney APPROVED FOR ADMINISTRATION: Steve Fitzgibbons City Manager Kelly Eldr{rlg~ * Director of Utility Operations EXHIBIT A UTILITY EASEMENT STATE OF TEXAS COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS THAT Port Arthur CPDC, L.L.C., a Texas limited partnership, hereinafter called "Grantor", for and in consideration of the sum of TEN AND NO/100 ($10) 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 said City of Port Arthur, Texas, the non- exclusive right, privilege and easement in, trader, and across the tracts of land situated in Jefferson County, Texas as shown and described in Attachment "A". The easement(s) granted shall be subject to these provisions: 1. It is expressly understood and agreed that the City shall have the right of ingress and egress from the Utility Easement for the aforesaid purposes o£this Easement. 2. It is expressly understood and agreed that the City shall have the right to temporary use of the property adjacent to the Utility Easement as is reasonably needed for working room to accomplish the aforesaid purposes of this Easement. 3. The City's use of the Utility Easement shall not be exclusive, but shall be in common with Grantor; and Grantor's successors, assigns, invitees, licensees, agents, employees, and such other and further grantees of easements, licenses and rights over and across the Utility Easement as may from time to time exist; provided, however, any other use of the Utility Easement shall not unreasonably interfere with the operation of the City's Utilities from time to time installed within the Utility Easement. Grantor reserves for Grantor and Grantor's successors and assigns, the right to use the Utility Easement for roads, streets, driveways, parking, utilities, and landscaping; provided, however, such use by Grantor, and CJrantor's successors and assigns, shall not un?easonably interfere with the operation of the City's utilities from time to time installed within the Utility Easement. Grantor shall make no claim against the City or its Franchises for damages to the improvements from time to time located within the Utility Easement as the result of removal, repair, servicing, and/or replacement of utilities within the Utility 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 PORT ARTHUR CPDC. L.L.C. A.D., 2005. By: APPROVED AS TO FORM: City Attorney ACKNOWLEGEMENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally appeared , of Port Arthur CPDC, L.L.C., known to me to be the person whose name is 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 Port Arthur CPDC, L.L.C.. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ,2005. day of Notary Public for the State of Texas RETURN TO: CITY OF PORT ARTHUR ATTN: Mark Sokolow City Attomey P. O. Box 1089 Port Arthur. Texas 77641-1089 ATTACHMENT A & GATES ARCENEAUX & GATES Consulting Engineers, Inc. Engineers · Surveyors · Planners METES AND BOUNDS DESCRIPTION FOR 0.464 ACRES OF LAND SITUATED IN LOTS 7 AND 8, BLOCK 13, RANGE "G" PORT ARTHUR LAND COMPANY SUBDIVISION PORT ARTHUR, JEFFERSON COUNTY, TEXAS Being a 0.464 acre tract or parcel of land, a portion of that certain tract of land (called 6.083 acres) as conveyed by deed from Port Arthur Plaza Partners to Port Arthur CPDC, L.L.C., recorded in Clerk's File No. 2004028277 of the Official Public Records of Real Property, County Clerk's Office, Jefferson County, Texas, also being situated in Lots 7 and 8, Block I3, Range "G" of the Port Arthur Land Company Subdivision as recorded in Volume 1, Page 22 of the Map or Plat Records of said County and being more particularly described by metes and bounds as follows: FOR LOCATIVE PURPOSES, commence at a 1/2" steel rod found located on the Southeasterly Right of Way line of F.M. Highway No. 365 marking the Northeast comer of said 6.083 acre tract and the Northwest comer of that certain tract of land (called 5.740 acres) as conveyed by deed to H.E.B. Grocery Company, L.P., recorded in Clerk's File No. 2002038434 of said Official Public Records; THENCE South 48 deg. 51 min. 13 sec. East (reference bearing), departing said Right of Way line along the common line of s aid 6.083 and 5.740 acre tracts a distance of 212.82 feet to a point marking the upper Northeast comer and PLACE OF BEGINNING of the herein described tract of land; THENCE South 48 deg. 51 min. 13 sec. East continuing along said common line with the Easterly line of this tract a distance of 97.46 feet to a 1/2" steel rod found marking the Southeast comer of said 6.083 acre tract and the Southeast comer of the herein described tract of land, this point also marks a Northeast comer of a residue portion of a called 125.804 acre tract of land as conveyed by deed to Texaco Refining and Marketing, Inc., recorded in Film Code File No. 102-99-2510 of the Real Property Records of said County; THENCE South 41 deg. 11 min. 52 sec. West along the common line of said 6.083 acre tract and residue tract with the Southerly line of this tract a distance of 384.26 feet to a 1/2" steel rod found marking an angle point for comer; THENCE South 86 deg. 15 min. 35 sec. West continuing along said common line and Southerly line of this tract a distance of 296.47 feet to a point marking the Southwest comer of the herein described tract of land; One Turtle Creek Square Page 1 of 3 3501 Turtle Creek Dr., Suite 102 Port A~hur, TX 77642 409/724.7888 F.~X 409/724-1447 THENCE North 03 deg. 44 min. 25 sec. West along the lower Westerly line of this tract a distance ol-30.58 feet to a point marking the lower Northwest comer of the herein described tract of land; THENCE North 84 deg. 15 min. 57 sec. East a distance of 34.71 feet to a point marking an "ELL" comer of the herein described tract of land; THENCE North 03 deg. 44 min. 25 sec. West along the middle Westerly line of this tract a distance of 102.84 feet to a point marking the middle Northwest comer of the herein described tract of land; THENCE North 86 deg. 15 min. 35 sec. East a distance of 15.00 feet to a point marking the middle Northeast comer of the herein described tract of land; THENCE South 03 deg. 44 min. 25 sec. East along the middle Easterly line of this tract a distance of 109.63 feet to a point marking an "ELL" comer of the herein described tract of land; THENCE North 86 deg. 15 min. 35 sec. East along the lower Northerly line of this tract a distance of 236.41 feet to an angle point for comer; THENCE North 41 deg. 11 min. 52 sec. East continuing along the lower Northerly line ofth/s tract a distance of 322.85 feet to and angle point for comer; THENCE North 03 deg. 11 min. 07 sec. East along the Northwesterly line of this tract a distance of 45.67 feet to an angle point for comer: THENCE North 48 deg. 51 min. 13 sec. West along the upper Westerly line of this tract a distance of 44.33 feet to a point marking the upper Northwest comer of the herem described tract of land; THENCE North 41 deg. 11 min. 52 sec. East along the upper Northerly line of this tract a distance of 15.00 feet to the upper Northeast comer and PLACE OF BEGINNING and containing ~n area 20.211~ acres of land, more or less. Surveyed February, 2005 /fv'?'e'.....~..........~:.:k.;..;~~ Exhibit accomp~ies metes md bounds description ~ Beings referenced to the East line of 6.083 acre tract South 48 deg. 51 min. i3 sec. E~t - Deed Page 2 of 3 c:~**~wm®~os. DDG-02O.aoc Z