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Home My WebLink About(11) 13144: STILWELL EASEMENTinteroffice MEMOKANDUM To: Mayor, City Council, City Manager From: Mark T. Sokolow, City Attorney ~ ~ Date: May 20, 2005 Subject: P. R. No. 13144 - May 24, 2005 Council Meeting Attached is P. R. 13144 as it pertains to a Special Warranty Deed to Stillwell Boulevard between Lakeshore Drive and Procter Street and providing for the reservation of an easement. Dr. Monroe's staff is still reviewing the Deed. If they suggest any changes, we will notify you at the Cuncil Meeting. MTS:ts Attachment cc: VIA FACSIMILE (409) 984-6032 Dr. Sam Monroe LAMAR STATE COLLEGE - PORT ARTHUR P. O. BOX 310 Port Arthur, TX 77641 z. pr13144, memo P. R. No. 13144 05/19/05 ts RESOLUTION NO. A RESOLUTION AS IT PERTAIN~ TO A ~P~CIAL WARRANTY DEED TO STILW~LL BOULEVARD BETWEEN LAKESHORE DRIVE ~ PROCTER STREET A~D PROVIDING FOR TEE RESERVATION OF AN EASEMENT WHEREAS, Ordinance No. 04-63 approved the abandonment of a portion of Stilwell Boulevard between Lakeshore Drive and Procter Street; and, WHEREAS, it is now deemed in the best interest of the citizens to approve a Special Warranty Deed with a reservation of easements attached hereto as Exhibit ~A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is herein authorized to execute the Special Warranty Deed with a reservation of an easement in substantially the same form as attached hereto as Exhibit "A". Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this __ day of , A.D., 2005, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor ; City Council ; z.pr13144 NOES: OSCAR ORTIZ, MAYOR ATTEST: EVANGELINE GREEN, CITY SECRETARY APPROVED AS TO FORM= MARK T. SOKOLOW, CITY ATTORNEY APPROVED FOR ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER Z .pr13144 EXHIBIT "A" ~PECIAL WAEI~NTY DEED Date: , 2005 Grantor: City of Port Arthur, Texas, a municipal corporation Grantor's Mailing Address: {including County} P.O. Box 1089 Port Arthur, Texas, 77641 Jefferson County Grantee: Lamar State College Port Arthur Grantee's Mailing Address {including County)~ 1501 Procter Street Port Arthur, TX 77640 Jefferson County Consideration: Ten Dollars and other good and valuable consideration Property: That portion of the 120 foot stillwell Boulevard right-of- way between the south right-of-way line of Procter Street and the north right-of-way line of 4th Street. Reservations from and Exceptions to Conveyance and Warranty: (1) That as a condition for conveying that portion of Stillwell Boulevard described above, there shall be granted to the public a public easement for access at a minimum from the hours of 5:00 a.m. to 10:00 p.m. and for scheduled special events. (2) That Grantor, City of Port Arthur, shall retain a .2359 acre easement for drainage and utility lines, as well as for the purpose of constructing, installing, laying, maintaining, and repairing line or lines by either the City, by the City's franchisees, or by utility companies that have a statutory right to use city easements for public utility purposes which includes but is not limited to water, sewer, storm sewer, and drainage, as described in Exhibit "A-l". If the City of Port Arthur discontinues the usage of such Easement for a continuous period of one (1) year, the Easement shall cease by operation of law. {3) 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, as to provide water, sanitary sewer, storm sewer service, and drainage. z. lamarpa_stillwell, special, warranty, deed 1 (4) 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 Easement. (5) That Grantor, for consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging to have and to hold it to Grantee, Grantee's heirs, executors, administrators, and successors, and assigns against every part thereof, except as to the reservations from and exceptions to conveyance and warranty, when the claim is by, through, or under Grantor, but not otherwise. TO RAVE AND TO ROLD, the same unto the Lamar State College-Port Arthur, Texas, its successors and assigns forever subject to the terms and conditions herein stated. EXECUTED on this the day of , 2005. APPROVED AS TO FORMs GRANTOR CITY OF PORT ARTHUR City Attorney 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 and 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 deed of the City of Port Arthur, for the purposes and considerations therein expressed, and in the capacities therein stated. GIVEN UNDER MY HARD AND SEAL OF OFFICE, this the day of 2005. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 2 z. lamarpa_stil lwel 1. special, warranty, deed EXECUTED AND A~HHED TO ON THIS the day of , 2005. GI~ANTEE LAMAR STATE COLLEGE PORT ARTHUR BY= Sam Monroe, President ATTESTED BY= ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned Notary Public, on this day personally appeared Sam Monroe, President, 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 deed of the Lamar State College-Port Arthur, for the purposes and considerations therein expressed, and in the capacities therein stated. GIVEN ~NDER MY HAND AND SEAL OF OFFICE, this the day of , 2005. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS ORIGINAL to Grantee: Lamar State College Port Arthur 1500 Procter Street Port Arthur, TX 77640 COPY to Grantor: City of Port Arthur Legal Department P.O. Box 1089 Port Arthur, TX 77641 z. lamarpa_stillwel 1. special, warranty, deed 3 EXHIBIT "A- 1" · (AKA LAK£SHORE DRIVE) <o J ~ ~1 ~ °~° ' RI ~1 ~ -> PROCTOR STREET UTILITY EASEMENT Fittz~Shipma,~. DRA'MNG NAME: 66gE~T PLOT OA~E: 5-18-05 1405 CORNERSTONE COURT BEAUMONT. TEXAS (409)832-7238 FAX (409}032-7303 & Shipman ~ NO~ DES~TION ~,~ o. ~ ~.~.~.~. FOR A ~ ~m. ~.~. ~s., ~,,~ ~ EASE~NT ~ 0.2359 AC~ ~CT BErG A P~T OF BLO~S 153 A~ OF~ C~ OF PORT ~ ~ON CO~, ~S ~Y 18, 2005 That cemin 0.2359 acre ~act out of Lots ~ and C of Blocks ~53 and ~54 of ~e City of Aahur, Oeffeaon Count, Texas, a plat re~rded in Volume ~, Page 50 of the Map Records of Jefferson Count, Texas and being a poaion of Stilwell Boulevard (~20' ~ght-of-way) abandoned by ~e Ci~ of Don A~ur on November ~, 2004 as desc~bed in "~hibit A" in Ordinan~ No. 04-63, said 0.2359 acres being more paaicula~y desc~bed by metes and bounds as follows: Basis of Bea~ng is along ~e no.west ~ght-of-~y line of 4~S~eet (aka Lakezhore D~ve) and the southeast line of ~e said abandoned ~20' dght-of-way having been ~lled Sou~ 4~ ~3'00" West ~20.00 feet. COMMENCING at a point in the noahwest gght~f-way line of 4~" Street (aka kakeshore Ddve) for ~e sou~ comer of ~e said ~20' abandoned ~ght~f-way; THENCE No~ 4~ ~3'00" East along ~e said no.west right-of-way line of 4~ Street and the sou~east line of the said ~ 20' abandoned gght-of-way a dis~nce of ~ 0.00 feet to a point for ~e sou~ ~mer of the said 0.2359 acre tract and ~e POINT O~ THENCE No~ 48~47'00'' West along ~e so.west line of ~e said 0.2359 a~e ~ct a ~istance of 340.00 feet to a point in the sou~east right-of-way line of Proctor S~eet and ~e noahwest line of ~e said ~20' abandoned ~ght-of-way for ~e west comer of the said 0.2359 acre tract; THENCE No~ 4~ ~3'00" East along ~e said sou~east ~ght-of-way line of Proctor S~eet and the said noahwest line of the ~20' a~an~oned ~ght-of-way a distance of 25.00 feet to a point for the north ~mer of ~e said 0.2359 acre ~a~; THENCE South 48~47'00' East along ~e no.east line of the said 0.2359 acre tract a distan~ of 227.56 feet to a point for an integer ~mer of the said 0.2359 acre tm~; THENCE No~ ~2~'25' East, at a dismn~ of ~.70 pass ~e o0~east line of the said abandoned ~20' ~ght-of-way, and ~ntinuin9 a to~l distan~ of ~ ~4.24 feet to a point for an e~e~or comer of ~e sai~ 0.2359 acre ~aa; THENCE South 77~5'35' East a dis~n~ of ~5.00 feet to a point for ~e most eastedy comer of the 0.2359 acre ~a~; ~ & Sh~, Ina Page 1 of 2 Proj~t No. 05669.~ Pla & D~pfion 1405 Cornerstone Court. Beaumont, Texas 77706 Phone 409-832-7238 Fax 409-832-7303 THENCE South 12°44'25" West, a~ ~ distance of 25.68 feet pass the said northeast line of the abandoned 120' right-of-way, and ~ntinuing a total distance of 122.38 feet to a point for an intedor comer of the said 0.2359 ~ 'e tract; THENCE South 48°47'00" East a ;tance of 95.38 feet to a point in the said northwest right-of- way line of 4th Street and the said ~utheast line of the abandoned 120' right-of-way for an extedor comer of the said 0.2359 ire tract; THENCE South 41°13'00" West; ~g the said northwest right-of-way line of 4th Street and the southeast line of the abandoned" Y right-of-way a distance of 25.00 feet to the POINT OF BEGINNING and containing 0.2~ acres of land, more or less. F'tttZ & Shipman, Ina Page 2 of 2 Project No. 05669.tsk3 Pht & Description