HomeMy WebLinkAbout(12) 13145: BOARDWALK EASEMENT PUBLZC WORKS DEPARTMENT
COUNCtL ACTtON MEMO
TO Steve Fitzgibbons, City Manager
FROM .]ohn A. Comeaux, P.E., Director of Public Works
SUBJECT P.R. #13145 - Accept Easement from Jefferson County for Boardwalk Ext.
DATE May 17, 2005
RECOM MEN DATZON:
! recommend that the City Council approve Proposed Resolution No. 13145, accepting an
easement from .lefferson County for the Port Arthur Pedestrian Trail (Boardwalk Extension).
BACKGROUND:
For over a year, the City has been involved in the design process for the Port Arthur
Pedestrian Trail (Boardwalk Extension). This project is to extend the existing boardwalk,
connecting it to Houston Avenue on the west, and Seawall Drive on the east.
The portion of the boardwalk from Waco Avenue to Shreveport Avenue is through property
owned by Jefferson County. Previously, a Memorandum of Understanding was executed
with the Commissioner's Court that they would agree to provide the necessary easement.
The design of the Boardwalk Extension is complete, and the execution of the easement is
needed at this time.
BUDGETARY/FI'SCAL EFFECT:
None.
EMPLOYEE/STAFF EFFECT:
None
SUMt4ARY
! recommend that the City Council approve Proposed Resolution No, 13145, accepting an
easement from .lefferson County for the Port Arthur Pedestrian Trail (Boardwalk Extension).
Director of Public Works
]AC/reb
Z:\engineer\documents\CAMS\BWalkExtEsmt.doc
P.R. 13145
05/17/05 reb
RESOLUTtON NO.
A RESOLUT1'ON ACCEPTI'NG AN EASEMENT FROM .JEFFERSON
COUNTY FOR THE PORT ARTHUR PEDESTRZAN TRATL
(BOARDWALK EXTENSTON).
WHEREAS, in order to promote economic growth in the downtown area and
provide recreation opportunities for the citizens of Port Arthur, the City entered into an
agreement with the State of Texas for construction of the Port Arthur Pedestrian Trail
(Boardwalk Extension) extending the existing boardwalk to connect to Houston Avenue
and Seawall Drive; and,
WHEREAS, the proposed alignment from Waco Avenue to Shreveport Avenue is
across property owned by Jefferson County; and,
WHEREAS, an easement from the County is required to provide for the
construction of the Boardwalk Extension and allow access to the facility; now, therefore,
BE ZT RESOLVED BY THE CiTY COUNCZL OF THE CZTY OF PORT
ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, the City hereby accepts an easement from .lefferson County for the Port
Arthur Pedestrian Trail (Boardwalk Extension), a copy of said document being attached
hereto as Exhibit "A"; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
P.R. 13145
Page 2
READ, ADOPTED AND APPROVED this the __ day of ., A.D. 2005
at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: __ Mayor:
Councilmembers:
Noes:
IVlayor
Attest:
City Secretary
APPROVED AS TO FORM:
City Attorney
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons
City Manager
.lohn A. Comeaux, P.E.
Director of Public Works
Z:\engineer\Documents\Resolutions\PR13145.doc
EXHIBTT A
EASEMENT
THE STATE OF TEXAS,
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON
THAT the County of Jefferson, acting by and through the Commissioners' Court of
Jefferson County, Texas, and its Presiding Officer Carl R. Griffith, Jr., County Judge, acting
pursuant to a resolution of the Commissioners' Court of Jefferson County, Texas attached
as Exhibit "A' for and in consideration or the sum ofTen Dollars ($10.00) cash in hand
paid by the City of Port Arthur, Texas, a municipal Corporation, as well as other good and
valuable consideration, receipt of which is hereby acknowledged and confessed, have
granted, sold, and conveyed unto the City of Port Arthur, a right, privilege and easement in,
and across the following described tract of land and being situated in Port Arthur, Jefferson
County, Texas
Being a tract of land, 25 feet wide, more or less, out of and a pa~ of Lakeshore Park,
City of Port Arthur as recorded in Vol. 2, Pages 7 and 8, Map Records of Jefferson
County, Texas, said tract of land being more fully described by metes and bounds,
with a drawing, marked Exhibit "B", attached hereto and made a part hereof.
Said Easement shall be for the purpose of constructing, installing, laying, maintaining, and
repairing a walkway for the public's use 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.
EASEMENT PAGE 2
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 this Easemem.
TO HAVE AND TO HOLD the same unto the City of Port Arthur, Texas, its successors and
assigns forever.
WITNESS (MY) (OUR) HAND (S) this day of ,
A.D., 2005.
CARL R. GRIFFITH, JR
COUNTY JUDGE and presiding Officer
of the Commissioners' Court of
Jefferson County, Texas
ATTEST:
CAROLYN L. GUIDRY, County Clerk
APPROVED AS TO FORM: GRANTEE:
CITY OF PORT ARTHUR
~ ~ P.O. BOX 1089
PORT ARTHUR TEXAS 77640
City Attorney
City of Port Arthur, Texas
EXH?B?T A
TO THE EASEMENT
Resolution of Commissioner's Court will be inserted once
approved by 3efferson County.
EXHTBZT B
TO THE EASEMENT
ARCENEAUX & GATES
ARCENEAUX Consulting Engineers, Inc.
GATES Engineers · Surveyors · Planners
METES AND BOUNDS DESCRIPTION FOR 0.7346 ACRES
OF LAND, A PORTION OF THE ABANDONED LAKESHORE DRIVE,
AND A PORTION OF BLOCK 151, OF THE TOWNSITE
OF PORT ARTHUR ADDITION, PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
UTILITY AND PUBLIC ACCESS EASEMENT
Being a 0.7346 acre tract or parcel of land, a portion of that certain tract of land (called
Tract I ~ 4.0883 acres) as conveyed by deed to Jefferson County, recorded in Film Code
File No. 105-23-0405 of the Real Property Records, County Clerk's Office, Jefferson
County, Texas, said 0.7346 acre tract being further described as a portion of Block 151 of
the Townsite of Port Arthur Addition as recorded in Volume 1, Page 50 of the Map or
Plat Records of said County and a portion of the Abandoned Lakeshore Drive closed by
City Ordinance No. 72-56, dated June 5, 1972, recorded in Volume 1739, Page 470 of the
Deed Records of said County, said Lakeshore Drive being shown on said To~vnsite of
Port Arthur Plat and being more particularly described by metes and bounds as follows;
FOR LOCATIVE PURPOSES, commence at a point located at the intersection of the
Southerly line of 4th Street, a Public Dedicated Right of Way (based on a width of 80
feet) with the Easterly line of Waco Avenue, a Public Dedicated Right of Way, (based on
a width of 70 feet), this point marks the Northwest comer of the remnant tract of said
Block 151 owned by the said City of Port Arthur;
THENCE South 48 deg. 47 min. 00 sec. East along the said Easterly line of Waco
Avenue and the Westerly line of said 4.0883 acre tract a distance of 467.71 feet to a point
marking the lower Northwest comer and PLACE OF BEGINNING of the herein
described tract of land;
THENCE North 40 deg. 44 min. 36 sec. East, departing said Easterly Right of Way line
along the lower North line of this tract a distance of 146.69 feet to an angle point for
comer;
THENCE North 09 deg. 06 min. 27 sec. East continuing along the lower North line of
this tract a distance of 207.57 feet to an angle point for comer;
I of 4 C XA&G/M&B~2005\03-CPA.320.A doc
One ~urtle Creek Square 3501 Turtle Creek Dr.. Suite 102 Port Arthur, TX 77642 409/724-7888 F3X 409/724-1447
THENCE North 48 deg. 48 min 18 sec. West along the upper West line of this tract a
distance of 122.13 feet to a point located on the North line of said 4.0883 acre tract
marking the upper Northwest comer of the herein described tract of land;
THENCE North 41 deg. 11 min. 42 sec. East (North 41 deg. 13 min. 00 sec. East- deed)
along the North line of said 4.0883 acre tract with the upper North line of this tract a
distance of 64.37 feet to a concrete monument with aluminum disk found located on the
Westerly line of Shreveport Avenue, a Public Dedicated Right of Way (based on a width
of 70 feet), marking the Northeast comer of said 4.0883 acre tract and the Northeast
comer of the herein described tract of land;
THENCE South 48 deg. 47 min. 53 sec. East (South 48 deg. 47 min. 00 sec. East -
183.82 feet - deed) along the said Westerly line of Shreveport Avenue with the Easterly
line of said 4.0883 acre tract and this tract, passing at a distance of 10.00 feet a concrete
monument with aluminum disk found and continuing for a total distance of 118.79 feet to
a concrete monument with aluminum disk found marking the Southeast comer of said
4.0883 acre tract and the herein described tract of land, this point also marks an angle
point for comer of the Jefferson County Drainage District No. 7 Hurricane & Flood
Protection Levee Right of Way;
THENCE South 38 deg. 48 min. 15 sec. West (South 38 deg. 52 min. 15 sec. West -
deed) along the Southerly line of said 4.0883 acre tract and this tract with the Northerly
line of said Hurricane Levee Right of Way a distance of 15.64 feet to a concrete
monument with aluminum disk found marking an angle point for comer;
THENCE South 19 deg. 14 min. 10 sec. West (South 19 deg. 15 min. 45 sec. West
345.45 deed) continuing along said Southerly line with the said Northerly Right of Way
line a distance of 345.54 feet to an angle point for comer;
THENCE South 09 deg. 06 min. 27 sec. West (South 09 deg. 07 min. 45 sec. West -
deed) continuing along said Southerly line with the said Northerly Right of Way line a
distance of 299.68 feet to angle point for comer;
THENCE South 22 deg. 57 min. 27 sec. West (South 22 deg. 58 min. 45 sec. West -
116.01 feet - deed) continuing along said Southerly line with the said Northerly Right of
Way line a distance of 117. l 4 feet to a point located at the intersection of the Southerly
line of Lakeshore Drive, a public dedicated Right of Way, (width varies), with the
Easterly line of said Waco Avenue marking the Southwest comer of said 4.0883 acre
tract and the Southwest comer of the herein described tract of land;
THENCE North 03 deg. 30 min. 49 sec. West (North 03 deg. 29 min. 30 sec. West -
42.46 feet - deed) along the said Easterly line of Waco Avenue with the Westerly line of
said 4.0883 acre tract and lower West line of this tract a distance of 43.88 feet to a
concrete monument with aluminum disk found marking an angle point for comer;
THENCE North 48 deg. 47 min. 00 sec. West continuing along said Easterly line of
Waco Avenue and Westerly line of said 4.0883 acre tract with the lower West line of this
tract a distance of 75.93 feet to the lower Northwest comer an PLACE OF
BEGINNING and containing in area 32,000 square feet or 0.7346 acres of land, more or
less.
Surveyed May, 2005 ~~
J~ (Bob) Hodges, R.p.L~. #45~ ~f,3'''~
Note: Exhibit accompanies this metes and bounds description
Beatings referenced to the Easterly Right of Way line of Waco Avenue - South 48 deg.
47 min. 00 sec. East - deed
¥
CONC.
/ w/ALUM. MON.
o Bo ~ CO / /
I
O~% .~] .~ S 48'47'00" E - DEED.
o~ ~ % ~.-: T~S EXHiBiT ACCO.~AN~ES
M~ES AND BOUNDS
% DESCRIPTION.
AS SHOWN
~ ~%~ EXHIBIT SHOWING CI~ OF PORT ARTHUR EASEMENT
~ 0.7346 ACRES OF ~ND, A PORTION OF
~ THE ABANDONED LAKESHORE DRIVE
AND A PORTION OF BLOCK 161
~ ~ TOWNSlTE OF PORT ARTHUR ADDITION
~ A~' PORT ARTHUR, dEFFER~N COUNt, TE~S