HomeMy WebLinkAboutPR 18083: WATER UTILITIES EASEMENT FROM GG&A CENTRAL MALL PARTNERS, DELAWARE LIMITED .T 0
MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Floyd T. Johnson, City Manager
FROM: John A. Tomplait, Assistant Director of Utility Operations.,:'
DATE: January 9, 2014
RE: Proposed Resolution No. 18083
COMMENTS
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No.18083, which accepts a
Water Utilities Easement from GG &A Central Mall Partners, L.P., a Delaware limited
partnership for the purpose of installing, maintaining, operating, and replacing public water
utilities on a portion of their property for the new Jason's Deli at 3260 F.M. HWY 365 (by the
Central Mall).
BACKGROUND
The GG &A Central Mall Partners, L.P., a Delaware limited partnership is requesting individual
water meters for each tenant by the Central Mall entrance, and TxDot will not allow installing
meters in the HWY right -of -way. 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. 18083.
P.R. No.18083
01/09/14 CS
RESOLUTION NO.
A RESOLUTION ACCEPTING A WATER
UTILITIES EASEMENT FROM GG &A
CENTRAL MALL PARTNERS, L.P., A
DELAWARE LIMITED PARTNERSHIP FOR
THE CONSTRUCTION, INSTALLATION,
LAYING, AND MAINTAINING OF WATER
UTILITIES ON THEIR PROPERTY AT 3260 F.M.
HWY 365 IN THE CITY OF PORT ARTHUR.
WHEREAS, GG &A Central Mall Partners, L.P., a Delaware limited partnership
proposes to develop 3260 F.M. HWY 365; and,
WHEREAS, the City of Port Arthur requires an easement adjacent to the existing public
right -of -way on F.M. HWY 365, and the City Council deems it appropriate to accept a Water
Utilities Easement from the property owner: GG &A Central Mall Partners, L.P., a Delaware
limited partnership 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 GG &A Central Mall Partners,
L.P., a Delaware limited partnership 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
w
P.R. No. 18083
01/09/14 CS
Page 2
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
2014, 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:
Air
Sherri Bellard Va ►izeno
City Secretary City . orney D 25
APPROVED FOR ADMINISTRATION:
Floyd T. Johnson John Comeaux, P.E.
City . lager Assistant City Manager/ Operations
fohn Tomplait
Ass' tent Director of Utility Operations
ATTACHMENT "A"
(Easement)
WATER UTILITIES EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
THAT, GG &A Central Mall Partners, L.P., a Delaware limited partnership,
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.
I
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.
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 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., 2014.
GG &A Central Mall Partners, L.P., a Delaware limited partnership
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 ,2014.
Notary Public for the State of Texas
SEAL
RETURN TO:
CITY OF PORT ARTHUR
ATTN: Valecia Tizeno
City Attorney
P. 0. Box 1089
Port Arthur, Texas 77641 -1089
EXHIBIT "A"
(Metes & bounds description by Soutex Surveyors)
EXHIBIT "A"
0.0023 (100 SQ. FT.) ACRE OF LAND
OUT OF BLOCK 13, RANGE "I ",
PORT ARTHUR LAND COMPANY SUBDIVISION,
CITY OF PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
BEING 0.0023 (100 square feet) acre of land for water meter easement purposes out of and a part of Lot
6, Block 13, Range "I ", Port Arthur Land Company Subdivision, City of Port Arthur, recorded in Volume
1, Page 22, Map Records, Jefferson County, Texas; being part of a (Called 62.0424) acre tract of land
conveyed to G G & A Central Mall Partners, L.P., recorded in File No. 2004046117, Official Public
Records, Jefferson County, Texas; said 0.0023 acre tract being more fully described by metes and bounds
as follows, to wit:
COMMENCING at a 3" brass disc found in concrete on the intersection of the West right of way line of
a dedicated road named Central Mall Drive, recorded in Volume 2309, Page 134, Deed Records,
Jefferson County, Texas, and the South right of way line of a dedicated road named FM Highway 365;
said brass disc being the Northeast corner of a (Called 1.3167) acre tract of land conveyed to Joe S.
Thomson, recorded in File No. 2002014932, Official Public Records, Jefferson County, Texas; having a
State Plane Coordinate of N: 13927360.76, E: 3554939.10;
THENCE, South 36 deg., 43 min., 23 sec., West (Called South 41 deg., 22 min., 00 sec., West), on the
South right of way line of said FM Highway 365, same being the North line of the (Called 1.3167) acre
tract, a distance of (Called 377.42') passing the Northwest corner of the (Called 1.3167) acre tract, same
being the most Northerly Northeast corner of the (Called 62.0424) acre tract; continuing on the South
right of way line of said FM Highway 365, same being the North line of the (Called 62.0424) acre tract, a
total distance of 445.61' to a 'h" steel rod, capped and marked "SOUTEX ", set for the POINT OF
BEGINNING; said 'h" steel rod being the Northeast corner of the herein described tract; having a State
Plane Coordinate of N: 13927003.59, E: 3554672.65;
THENCE, South 53 deg., 17 min., 15 sec., East, a distance of 10.00' to a point for corner;
THENCE, South 36 deg., 43 min., 23 sec., West, a distance of 10.00' to a point for corner;
THENCE, North 53 deg., 17 min., 50 sec., West, a distance of 10.00' to a point for corner on the South
right of way line of said FM Highway 365, same being the North line of the (Called 62.0424) acre tract;
said point for corner being the Northwest corner of the herein described tract;
THENCE, North 36 deg., 43 min., 23 sec., East (Called North 41 deg., 22 min., 00 sec., East), on the
South right of way line of said FM Highway 365, same being the North line of the (Called 62.0424) acre
tract, a distance of 10.00' to the POINT OF BEGINNING and containing 0.0023 acre of land, more or
less.
Note: Bearings, distances, acreage and coordinates given are based on State Plane Coordinate Grid
System, Texas South - Central Zone, NAD 83.
Scale factor = 0.999924609, Convergence angle 02 deg., 27 min., 15 sec.,
Reference monument AJ8221.
Jason's Deli- LS- 12 -0831A
EXHIBIT "B"
(Easement sketch by Soutex Surveyors)
a
z
z
0
U
a • C2'
o. 4'R
TO US HWY 69.96,287 F.M. HWY 365 TO STATE HWY 347
( 120' R.O.W. ) ASPHALT PAVEMENT
{
I
- . ACRE (100 SQ.FT.) OF LAND
PART OF LOT 6, ELK. 13, RG. "I"
I PA.L.CO. SUB'D
JEFFERSON COUNTY, TEXAS
I POINT OF
I COMMENCING
FOUND 3" CONC. MON.
WITH BRASS DISC.
S 36 W 21. POINT OF N:139271O8.23
E: 3554750.76
FOUND 1/2" —\ BEGINNING
STEEL ROD N:13927003.59 S 36'43'23" W 445.61'
CAPPED "SOUTEX" E: 3554672.65 (CALLED S 41'22'0W W) — —
L4 .
— —
) 00023
/ r 377.4z ti
MOST NORTHERLY N.E.
L2 I CORNER CALLED
1 c2
1 to
a 62.0424 ACRES
p 6
c)
F- a
r I� ( J M
9l I` Q � 1 p I a
1 G g E t" a P � .3 ° N I ' - S S I a O
\ Q
/� 62 0 � E. � 1 G ` — . w ¢ a I G 2OQ I Z
ii � A G e v..-c\-‘9,?..
O M I E O 1 V o
rk� ' I
GF'� ' POO �o I
• {
N 36'41'24 E 68.71'
(CALLED N 419811' E)
—
FOUND "X" FOUND 3 CONC. MON.
IN CONC. WITH BRASS DISC
{ UNE TABLE
I - - . s UNE NO. BEARING DISTANCE
r --- L7 S 53'16'37' E 10.00'
L2 5 36'43'23" W 10.00' .
L3 N 5396'37" W 10.00'
{ L4 N 36'43'23" E 10.00'
SURVEYORS NOTES:
1. COORDINATES, BEARINGS. DISTANCES & ACREAGE SHOWN ARE BASE ON STATE PLANE
COORDINATE GRID SYSTEM, TEXAS —SOUTH CENTRAL ZONE NAD 83. COMBINED SCALE
FACTOR: 0.999924609, CONVERGENCE ANGLE: 2'27'15 ". REF. NGS MON. AJ8221
ANTHONY M. LEGER
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481
6131 WIZ EXHIBIT -B- 12 -O831E
PROPOSED WATER METER EASEMENT 0.0023 ACRE
? r 3737 Doctors Dn.R (100 SOFT.) OF LAND PART OF LOT 6, BLK. 13. RG. s" 1 = 30'
71‘ 21 \ , 1 L [T PoArtho, Tesns 77642 "I'. PORT ARTHUR LAND COMPANY SUBDION. 'Ya[ 1 1 3/7eL4O9.963`L0O4 MAP RECORDS JEFFERSON COUNTY, TEXAS T. CHASE
S ( : ) T1
SLiRVEYORSttINGIIffRS Fax-409.983.2005 MGM JASON'S OEU voL 1. Pc. 22 T. C
;``::.. sooiexsurveyorscom F .M. HWY 365 A. LEGER
TAP.E. ARM 15755 Mr'
T.X.LS. MI 11O12a380O 0301I1R PORT ARTHUR. TEXAS 77642
X: \Vault \PROJECTS \2012 \12 -0831 Innovation & Design (Jason's Deli) \DW \12— O831E.dwg Jon 06, 2014- 8:34am Travis
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 , 2014.
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
, 2014.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS