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HomeMy WebLinkAboutPR 16742: ACCEPTING WATER UTILITY EASEMENT FROM MPW INDUSTRIAL WATER SERVICES, INC. FOR CONSTRUCTION, INSTALLATION, LAYING AND MAINTAINING OF WATER UTILITIES THROUGH PROPERTY IN EDC BUSINESS PARK MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROM: Kelly Eldridge, Director of Utility Operations 1/6g DATE: October 10, 2011 RE: Proposed Resolution No. 16742 COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 16742, which accepts an exclusive Water Utility Easement from MPW Industrial Water Services, Inc. for the purpose of installing, maintaining, operating, and replacing public water utilities on a portion of their property in the Port Arthur EDC Spur 93 Business Park. BACKGROUND MPW Industrial Water Services, Inc. is constructing a new facility on Richard Wycoff Drive in the Port Arthur EDC Business Park. The facility requires a large water metering assembly to be constructed adjacent to the road right -of -way on private property. This easement is provided for that installation. Arceneaux & Gates Consulting Engineers, Inc. provided the easement description and sketch. BUDGET/FISCAL EFFECT Costs for the tap and metering assembly will be borne by the property owner. We will schedule /coordinate the installation of the metering assembly in the easement upon approval by the City Council. STAFFING/EMPLOYEE EFFECT City staff will perform all public water facility construction within this easement. SUMMARY I recommend that the City Council approve P.R. No. 16742, which accepts an exclusive Water Utility Easement from MPW Industrial Water Services, Inc. for the purpose of installing, maintaining, operating, and replacing public water utilities on a portion of their property in the Port Arthur EDC Spur 93 Business Park. P.R. No. 16742 10 /10 /11 RESOLUTION NO. A RESOLUTION ACCEPTING WATER UTILITY EASEMENT FROM MPW INDUSTRIAL WATER SERVICES, INC. FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF WATER UTILITIES THROUGH THEIR PROPERTY IN THE PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION SPUR 93 BUSINESS PARK IN THE CITY OF PORT ARTHUR. WHEREAS, MPW Industrial Water Services, Inc. is constructing a new industrial facility on Richard Wycoff Drive in the Port Arthur EDC Spur 93 Business Park, and such construction requires the installation of public water services of the City of Port Arthur; and, WHEREAS, the City of Port Arthur requires an easement for access to and maintenance of the proposed public water utilities, and the City Council deems it appropriate to accept Water Utility Easement from the property owner: MPW Industrial Water Services, Inc. for the construction, installation, laying, and maintenance of public water utilities under, through, and across a portion of their property adjacent to this facility in 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 Water Utility Easement from MPW Industrial Water Services, Inc. for the purpose of constructing, installing, laying and maintaining water utilities in substantially the same form as described in Attachments "A ", attached and made a part hereof; and, THAT, a certified copy of said Water Utility 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. P.R. No. 16742 10 /10 /11 Page 2 READ, ADOPTED AND APPROVED THIS day of 2011, 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: Sherri Bellard City Secretary APPROVED AS TO FORM: Valecia Tiz:' / City Attorney P.R. No. 16742 10 /10 /11 Page 3 APPROVED FOR ADMINISTRATION: Stephen itzgibbons City Manager //Or Ross Blackketter, P.E. Director of Public Works Kelly El dge Director of Utility Operations • ATTACHMENT "A" (MPW Easement) WATER UTILITIES EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT, MPW Industrial Water Services, Inc., hereinafter called "Grantor(s) ", 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, 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 & 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 water utilities purposes 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. 11 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 tracts as is reasonably needed for working 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 , A.D., 2011. By: MPW Industrial Water Services, Inc. APPROVED AS TO FORM: City Attorney EXHIBIT "A" to ATTACHMENT "A" (Metes & Bounds provided by A &G) c- EXHIBIT "A" METES AND BOUNDS DESCRIPTION OF A 15 FEET WIDE TRACT OF LAND FOR EASEMENT PURPOSES OUT OF BLOCK 10, AMENDED PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION BUSINESS PARK SUBDIVISION, WM. MCFADDIN SURVEY, ABSTRACT NO. 416, PORT ARTHUR, JEFFERSON COUNTY, TEXAS Being a 15 feet wide tract or parcel of land for utility easement purposes out of Block 10 of the Amended Port Arthur Economic Development Corporation Business Park Subdivision as recorded in Clerk's File No. 2011021212 of the Official Public Records of Real Property, County Clerk's Office, Jefferson County, Texas, this portion of Block 10 being situated in and a part of the WM. McFaddin Survey, Abstract No. 416 of said County, said 15 feet wide tract also being a portion of that certain tract of land (called 10.00 acres) as conveyed by deed dated January 20, 2011 from the City of Port Arthur 4A Economic Development Corporation to MPW Industrial Water Services, Inc., recorded in Clerk's File No. 2011005253 of said Official Public Records and being more particularly described by metes and bounds as follows; FOR LOCATIVE PURPOSES, commence at a ' /2" steel rod with cap marked Arceneaux & Gates found located on the Westerly line of Richard Wycoff Drive (A 75 wide public dedicated Right of Way) marking the Southeast corner of said 10.00 acre tract, this point having a Texas State Plane Coordinate value of North 13,918,500.72 and East 3,540,775.03; THENCE North 36 deg. 30 min. 51 sec. East along the said Westerly Right of Way line and East line of said 10.00 acre tract a distance of 16.50 feet to a point marking the Southeast corner and POINT OF BEGINNING of the herein described tract of land, said beginning point having a Texas State Plane Coordinate value of North 13,918,513.98 and East 3,540,784.85; THENCE North 53 deg. 29 min. 09 sec. West along the South line of this tract a distance of 30.00 feet to a point marking the Southwest corner of the herein described tract of land; THENCE North 36 deg. 30 min. 51 sec. East along the West line of this tract a distance of 15.00 feet to a point marking the Northwest corner of the herein described tract of land; THENCE South 53 deg. 29 min. 09 sec. East along the North line of this tract a distance of 30.00 feet to a point located on the East line of said 10.00 acre tract and Westerly Right of Way line of Richard Wycoff Drive marking the Northeast corner of the herein described tract of land; THENCE South 36 deg. 30 min. 51 sec. West along the said Westerly Right of Way line and East line of said 10.00 acre tract with the East line of this tract a distance of 15.00 feet to the Page 1 of 3 Z: \&G SURVEYING 'METES & BOUNDS \201 RMPW- 0I0- E- I.dacx EXHIBIT "A" Southeast corner and POINT OF BEGINNING and containing in area 450 square feet or 0.0103 acres of land, more or less. Surveyed: September, 2011 O' Fs�ioNP Q, v Jo •: (Bob) Hodges R. ' .L.S. #4583 Notes: Bearings, distances and coordinates referenced to the Texas State Plane Coordinate System, South Central Zone, NAD 83 and 10.00 acre deed — CF No. 2011005253 Official Public Records Jefferson County. Grid Scale Factor = 0.999916933 An Exhibit of even date is being submitted with and being made a part of this Metes and Bounds Description. Page 2 of 3 Z:\A &G SURVEYING\METES & BOUNDS \2011\MPW- 010- E- I.docx ^ r . NOTE: BEARINGS, DISTANCES, AND EXHIBIT "Alt AMENDED PLAT OF COORDINATES REFERENCED TO THE TEXAS 4 PORT ARTHUR ECONOMIC DEVELOPMENT STATE PLANE COORDINATE SYSTEM, SOUTH . CORPORATION BUSINESS PARK CENTRAL ZONE, NAD 83 DATUM. d SUBDIVISION SCALE FACTOR AT e � 0 e, CF� 21 12 POINT OF COMMENCING IS 0.999916733. p° O.PR POC N= 13,918,500.72 1 *%& � • ze �� E= 3,540,775.03 Q* 0 G�{ P08 N= 13,918,513.98 I �' #. 0 °r . E= 3,540,784.85 4 . 0 4 /G� p q p /#c ° 04. 0 G3n ©© 90 4 - 15' SIDE BUILDING SET -BACK 0 100 200 / . CF#2006003269 O.P.R.J.C. • P 8 672909* E 84128' • CITY OF PORT ARTHUR 4A ECONOMIC 4 04 1581 1. 9. l ` 6 � A c; 1 DEVELOPMENT CORPORATION P Q 1 / x TO I i (n a " c MPW INDUSTRIAL WATER SERVICES, INC. z ° / I s (CALLED 10.00 ACS.) 9 N / r ' 4 01P2012011 S M o ° CF#2011005253 °' o I to 9 N O.P.R.J.C. ° °o M K mo . 0 N V k '23 20482 Ifs- 1 0 Roa.00' CH 4.10' Iu I CB-13 12.1998' W ELI ROBERTS DRIVE = 8 63'2809• E 30.00' (76' R.O.W.) PROPOSED 16' WIDE � 3 A■101.64' WATER LINE EASEMENT 1 O'8a'a3'4r 450 80. FT. R=68.00' 0.0103 ACS C1•089.68' CO C8.8 37•34'48* W N 38'30'61' E 16.00' = - - - - ..:IM - PO : 8 38'30'61• W 16.00' I N 63'2808" W 84126 N gram 30.00' POC • 4 r 9F 7^e , q, N 36'30a1• E 18.60 ' 'Cr, "OSTE,p ` 15 SIDE B U ILDING SET -BACK 'P 0 - �. 4Z.' t r �c ': N ' 1 w CF #2006003269 O.P.R.J.C LEGEND JOHN R. (BOB) I OD < • FND. 1/2" S.R. W /CAP 4 :3 MKD. ARCENEAUX & GATES �0 F Q' ' a W V . • POINT FOR CORNER .. C 00 1 / I '?d'.'.. 0 aN \ i ' i O.P.R.J.C. OFFICIAL PUBLIC FFERSON COUNTY /` l\ o POC POINT OF COMMENCING °' POB POINT OF BEGINNING EXHIBIT SHOWING PAGE g PROPOSED 15' WIDE WATER LINE EASEMENT / OUT OF BLOCK 10 3 B ® ARCENEAUX & GATES AMENDED PORT ARTHUR ECONOMIC DEVELOPMENT Consulting leers. Ina. CORPORATION BUSINESS PARK SUBDIVISION OF ARCENEA D Engineers Surveyors Planners 3 & GATES 3801 Turtle Creek Orlre, Byte 102 WM. MCFADDIN SURVEY, AB. 416 Port Arthur 7.:.. 77Ma PORT ARTHUR JEFFERSON COUNTY, TX POST /W 1102 (400) 724 -7000 1 1 TEXAS REGISTERED ENGINEERING FIRM F -30 DATE: SEPTEMBER 2011 SCALE: 1"=200' DRAWN: JDLLG TEXAS LICENSED SURVEYING FIRM 100142 -00 PROJ. No.: MPW -010 VERSION: AutoCAD 2011 CHECKED: JRH { 1 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 MPW Industrial Water Services, Inc.. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2011. Notary Public for the State of Texas RETURN TO: CITY OF PORT ARTHUR ATTN: Valecia Tizeno City Attorney P. O. Box 1089 Port Arthur, Texas 77641 -1089 r 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 , 2011. CITY OF PORT ARTHUR By: 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, 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 , 2011. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS