HomeMy WebLinkAboutPR 17667: ACCEPTING WATER UTILITIES EASEMENT FROM L&D PLAZA MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Floyd T. Johnson, City Manager
FROM: Kelly Eldridge, Director of Utility Operations f`3
DATE: April 23, 2013
RE: Proposed Resolution No. 17667
COMMENTS
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 17667, which accepts a Water
Utilities Easement from L &D Plaza, LLC for the purpose of installing, maintaining, operating, and
replacing public water utilities on a portion of their property for the new L &D Plaza facility at 9
Avenue & Jimmy Johnson Blvd.
BACKGROUND
L &D Plaza, LLC is requesting individual water meters for each tenant in the center, and there is no
room in the existing right -of -way to install nine meters. This easement is for the installation of these
meters. Soutex Surveyors provided the easement description and drawing.
BUDGET/FISCAL EFFECT
None. We will coordinate the installation of the new meters in this easement upon acceptance by the
City Council.
STAFFING/EMPLOYEE EFFECT
City staff will install/coordinate and oversee all public water system construction within this
easement.
SUMMARY
I recommend that the City Council approve P.R. No. 17667.
P.R. No. 17667
04/23/13
RESOLUTION NO.
A RESOLUTION ACCEPTING A WATER
UTILITIES EASEMENT FROM L &D PLAZA, LLC
FOR THE CONSTRUCTION, INSTALLATION,
LAYING, AND MAINTAINING OF WATER
UTILITIES ON THEIR PROPERTY FOR THE
NEW L &D PLAZA ON 9 AVENUE AND JIMMY
JOHNSON BLVD. IN THE CITY OF PORT
ARTHUR.
WHEREAS, L &D Plaza, LLC proposes to develop the commercial plaza at 9 Ave. and
Jimmy Johnson Blvd.; and,
WHEREAS, the City of Port Arthur requires an easement adjacent to the existing public
right -of -way on Jimmy Johnson Blvd., and the City Council deems it appropriate to accept a Water
Utilities Easement from the property owner: L &D Plaza, LLC for the construction, installation,
laying, and maintenance of public water utilities under, through, and across a portion of their
property 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 a Water Utilities Easement from L&D Plaza, LLC for the purpose of
constructing, installing, laying and maintaining water utilities in substantially the same form as
described in Attachment "A ", attached and made a part hereof; and,
THAT, said Water Utilities 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. 17667
04/23/13
Page 2
READ, ADOPTED AND APPROVED THIS day of
2013, 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: APPROVED AS TO FORM:
D
Sherri Bellard Valecia Tizeno
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
f / /
Floyd T. Johnson Ross Blackketter, P.E.
Manager Director of Public Works
/64
Kelly Eldridge
Director of Utility Operations
ATTACHMENT "A"
(Easement)
WATER UTILITIES EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
THAT, L &D Plaza, LLC, 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 Exhibits
"A" & "B ", respectively, 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.,
2013.
L & D Plaza, LLC
By:
Print Name:
Title:
APPROVED AS TO FORM:
City Attorney
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
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the
day of , 2013.
Notary Public for the State of Texas
SEAL
RETURN TO:
CITY OF PORT ARTHUR
ATTN: • Valecia Tizeno
City Attorney
P. O. Box 1089
Port Arthur, Texas 77641 -1089
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 , 2013.
CITY OF PORT ARTHUR
By:
Floyd T. Johnson
City Manager
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME, the undersigned Notary Public, on this day personally appeared Floyd T.
Johnson, 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
, 2013.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
•
EXHIBIT "A"
(Metes & bounds description by Soutex Surveyors)
EXHIBIT "A"
0.0099 ACRE (433 SQ FT) OF LAND
FOR WATER METER EASEMENT PURPOSES
OUT OF NEWPORT HEIGHTS COMMERCIAL CENTER,
CITY OF PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
BEING 0.0099 acre (433 sq. ft.) of land out of and a part of Lot 2, Block 1, Newport Heights
Commercial Center, City of Port Arthur, recorded in Volume 15, Page 99, Map Records,
Jefferson County, Texas; being part of a tract of land conveyed to L & D Plaza, LLC,
recorded in File No. 2012020014, Official Public Records, Jefferson County, Texas; said
0.0099 acre tract being more fully described by metes and bounds as follows, to wit:
COMMENCING at a point being the most Southerly corner of Lot 2, Block 1, Newport
Heights Commercial Center; said point being on the Northerly right of way line of a dedicated
road named Jimmy Johnson Boulevard; having a State Plane Coordinate of N: 13926468.16,
E: 3556866.61;
THENCE, on the Northerly right of way line of said Jimmy Johnson Boulevard on the arc of
a curve to the right having a radius of 1540.00', an arc length of 18.30', a chord bearing of
North 35 deg., 13 min., 20 sec., East, a chord distance of 18.30' to a point for corner being the
POINT OF BEGINNING; said point for corner being the most Southerly corner of the
herein described tract; having a State Plane Coordinate of N: 13925608.02, E: 3559290.90;
THENCE, North 64 deg., 10 min., 10 sec., West, a distance of 22.00' to a point for corner
being the most Westerly corner of the herein described tract;
THENCE, North 35 deg., 47 min., 22 sec., East, a distance of 20.00' to a point for corner
being the most Northerly corner of the herein described tract;
THENCE, South 64 deg., 10 min., 10 sec., East, a distance of 22.05' to a point for corner on
the Northerly right of way line of said Jimmy Johnson Boulevard, same being the
Southeasterly line of said Lot 2, Block 1; said point for corner being the most Easterly corner
of the herein described tract;
THENCE, on the Northerly right of way line of said Jimmy Johnson Boulevard, on the arc of
a curve to the left having a radius of 1540.00', an arc length of 20.01', a chord bearing of
South 35 deg., 56 min., 06 sec., West, a chord distance of 20.01' to the POINT OF
BEGINNING and containing 0.0099 acre of land, more or less.
Referenced to monuments found on the Northerly line of said Lot 2. North 65 deg., 48 min.,
14 sec., West, a distance of 294.58' (Called 294.56')
Bearings, distances, acreage and coordinates are based on State Plane Coordinate Grid
System, Texas South Central Zone, NAD 83. Scale Factor = 0.999920402, Convergence
Angle = 02 deg., 27 min., 28 sec., reference NGS Monument AJ8221.
This description is based on the Land Survey made by Anthony M. Leg- ,,t1,4,1%s
Professional Land Surveyor No. 5481, on April 16, 2013. �+ 5 VP.'
L & D Plaza t THO ' . LEGER ►
LS- 11 -0725A ; g1 ,
�
essS °•''O
SSSS -
1 F
EXHIBIT "B"
(Easement sketch by Soutex Surveyors)
sou HeR R0 = �� 0' R i, SCALE: 1" = 20'
S
• b , LIN.. ` 0 _ W
.1 cu
e Gurr
C s, q0
FOUND )¢" STEEL ROD
N:13926880.66 CONC. DRIVE (CA 1.4-0 S T ? 5.0
E. 3556625.14 C' A ? 56)38.
85•1 6"7 4 ,.
EXISTING
4
SAN. SWR. FOUND »" STEEL ROD
CLEANOUT N:13926759.93
c E: . 3 _ 556893.82
q 'QC 4 ?
CONC. PARKING !9n a .b
o 'R'. 4, � 2 q9 ? 4e .
C Sb N • \14 • /f
N
• 0 ^
o
N.
w CONC. PARKING
3 w
2 to
<5
rL 1 1 ° ...o Q'''
� GV I b
Cke * �e to. ti P 0 01� /
G V �p1 �G /
1 -STORY F OQ S 64
METAL COMM. BLDG 7 10
ON CONC. SLAB 8• F X -)0,
73
CONC. PARKING
0.0099 (433 sf.) Acre �o
of Land for v
Woter Meter Easement
Port of Lot 2 n,
X . 4' � O�/
W
J „ 1 EXISTIN ,lJ
WATER
N B \I METER , , /
i 407 (3 A o , a
c W ./
CO N CH DRIVE 4, .. h
d 34 5 22, 4 , 1. ' 5
4
1 N
POINT OF `
BEGINNING
N:13559290.90
i NOTE: E: 3559290.90
▪ 1. BEARING, DISTANCES, ACREAGE, AND COORDINATES POINT OF
SHOWN ARE BASED ON STATE PLANE COORDINATE GRID ��. COMMENCING
l SC L E E F LACER 2 27 99920402 L Z NAD83 PQGO49' N E: 3556 66.61 /5. . 3926468.16
W REFERENCE NGS MONUMENT AJ8221
. 6..4..
2. SEE EXHIBIT "A" METES AND BOUNDS OF EVEN DATE / q--
R TO ACCOMPANY THIS SURVEY.
c CURVE TABLE /. I'
CURVE NO. CHO. 8RG. CHD. DIST. RAD. ARC .4� --'(i✓ OF TF
a /Z� gP•�ISrF•..,+
E C1 N 3513'20" E 18.30' 1540.00' 18.30' ye R F •.9
o• ; N 1
= C2 S 35'56'06" W 20.01' 1540.00' 20.01' • A NTHONYM.LEGER
3 .. .. 5481 ..... ......
■ UNE TABLE )!"'.op P•' '
^ o • 9' ESS ' ' No i
4 UNE NO. BEARING DISTANCE �. SURVe •- •
j
o L1 S 64'10'10" E 22.05'
. L2 N 35'47'22" E 20.00' ANTHONY
L3 N 64'10'10" W 22.00' REGISTER s .ESSIONAL LAND SURVEYOR NO. 5481
al
SHEET 1TTIE EXHIBIT "8" 'NMOY NO.
0.0099 Acre (433sf.) of Land 11- 0725 -A
1 for WATER METER EASEMENT scar
7 3737 Doctors Drive Part of Lot Number 2, Block 1, 1 " = 20'
• '^ ' Port Arthur, Texas 77642 of NEWPORT HEIGHTS COMMERCIAL CENTER, "' 4/16/13
. Tel. 409.983.2004 an ADDITION in the City of Port Arthur, BRAMN BY
F.3..409.9.53.2005 Vol. 15, Pq. 99 MAP RECORDS JEFFERSON COUNTY DNS
r • SURVEYORS & ENGINEERS soutersur'ego PROJECT L &D PLAZA ]1ECKE° BY
AML
7765 9th AVENUE
- S T.B.P.E FIRM 85755 SET
o T.X.LS. FIRM {10123800 ORPITS RE¢R14D PORT ARTHUR, TEXAS 77642 1 OF 1