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Home My WebLink AboutPR 18377: WATER UTILITIES EASEMENT FROM FLS-PA MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: John A. Comeaux P.E., Interim City Manager y....., FROM: John A. Tomplait,Assistant Director of Utility Operations DATE: June 13, 2014 RE: Proposed Resolution No. 18377 COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No.18377, which accepts a Water Utilities Easement from FLS-PA, LP. for the purpose of installing, maintaining, operating, and replacing public water utilities on a portion of their property for the new Flowserve building, at 925 Kerry Thomas Drive Port Arthur, TX 77642. (EDC Park). BACKGROUND The FLS-PA, LP is requesting a water meter for fire protection and domestic use for the Flowserve building. This easement is for the installation of the 6" Fire Line Metering Assembly (FLMA) at EDC Park. The GBI Partner, L.P. Land Surveying Consultant provided the easement description and drawing. BUDGET/FISCAL EFFECT None. STAFFING/EMPLOYEE EFFECT City staff will install/coordinate and oversee all public water system construction within this easement. We will coordinate the installation of the new meter upon acceptance by the City Council. SUMMARY I recommend that the City Council approve P.R.No. 18377. P.R.No.18377 6/13/14-CS RESOLUTION NO. A RESOLUTION ACCEPTING A WATER UTILITIES EASEMENT FROM FLS-PA, LP FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF WATER UTILITIES ON THEIR PROPERTY AT 925 KERRY THOMAS DRIVE IN THE CITY OF PORT ARTHUR. WHEREAS,FLS-PA, LP proposes to develop 925 Kerry Thomas Drive; and, WHEREAS,the City of Port Arthur requires an easement adjacent to the existing public right-of-way on 925 Kerry Thomas Drive and the City Council deems it appropriate to accept a Water Utilities Easement from the property owner: FLS-PA, LP 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 FLS-PA, LP 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.18377 6/13/14-CS Page 2 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: APPROV D AS TO FORM: 1/ke Ad. 1 a • Sherri Bellard Valecia c izen. City Secretary City Attorney APPROVED FOR ADMINISTRATION: John A. Comeaux P.E. Interim City Manager r %i.2_ _ 4� ohn A . Tompi. t As tant Director of Utility Operations ATTACHMENT "A" (Easement) WATER UTILITIES EASEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT, FLS-PA, LP , 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. FLS-PA, LP (Flowserve) 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 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: John A. Comeaux P.E. Interim City Manager ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME,the undersigned Notary Public, on this day personally appeared John A. Comeaux P.E. Interim 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 , EXHIBIT "A" (Metes&Bounds description by GBI Partner,L.P.Land Surveying Consultant) 10'X 24' WATER METER EASEMENT County: Jefferson Project: Flowserve Job No. 132410 MBS No. 14-107 FIELD NOTES FOR 243 SQUARE FEET Being a tract of land containing 243 square feet located in the William McFaddin Survey, Abstract No. 416, Jefferson County,Texas; said 243 square feet being a portion of a call 2.00 acre tract of land recorded in the name of FLS-PA, LP under Jefferson County Clerk's File (J.C.C.F.)No. 2014002394; said 243 square feet being a portion of Block 10, of Amended Plat of Port Arthur Economic Development Corporation Business Park Subdivision, according to the map or plat thereof recorded under J.C.C.F.No. 2011021212; and said 243 square feet being more particularly described by metes and bounds as follows (bearings are referenced to said Amended Plat): BEGINNING at a 5/8-inch iron rod found in the North right-of-way line of Kerry"Twin" Thomas Drive marking the Southeast corner of said 2.00 acres and the herein described tract, from which point the centerline intersection for said Kerry"Twin"Thomas Drive and Eldridge Drive bears South, 59.00 feet; THENCE,with said North right-of-way line and the South line of said 2.00 acres, 10.05 feet along the arc of a curve to the left having a radius of 59.00 feet and a central angle of 09 degrees 45 minutes 30 seconds, the chord of which curve bears South 85 degrees 07 minutes 15 seconds West, a distance of 10.04 feet to the Southwest corner of the herein described tract, from which point a found 5/8-inch capped iron rod bears South 59 degrees 51 minutes 10 seconds West,a distance of 41.11 feet; THENCE,through and across said 2.00 acres, the following two (2)courses: 1. With a line 10.00 feet Westerly of and parallel with the East line of said 2.00 acres, North, a distance of 24.85 feet; 2. East, 10.00 feet to the East line of said 2.00 acres, from which point a 5/8-inch capped iron rod found marking the Northeast corner of said 2.00 acres bears North, 223.57 feet; THENCE, with said East line, South, a distance of 24.00 feet to the POINT OF BEGINNING and containing 243 square feet(0.0056 acre)of land. THIS DESCRIPTION WAS PREPARED BASED ON A LAND TITLE SURVEY FILED UNDER JOB NO. 132410 IN THE OFFICES OF GBI PARTNERS,L.P. GBI Partners,L.P. Ph:281.499.4539 May 01,2014 EXHIBIT "B" (Metes&Bounds description by GBI Partner,L.P.Land Surveying Consultant) Exhibit_Page 2 of 2 Pages LEGEND C.1.R. CAPPED IRON ROD D.R.J.C. DEED RECORDS OF JEFFERSON COUNTY FNO FOUND J.C.C.F. JEFFERSON COUNTY CLERKS FILE y-FND 5/8"C.I.R. R.O.W. RIGHT—OF—WAY NOTES: 1.Bearings ore referenced to the Amended Plot of Sb Port Arthur Economic Development Corporation I Business Park Subdivision recorded under J.C.C.F. No. 2011021212. 2.There may be other matters of record omitted from this exhibit. N 3.See Page 1 of 2 Pages for metes and bounds description. r7 N N ct URv ' z I SCALE: 1" = 100' w , LLI A STR0CTD� ON• 41 6 AB I EAST 10.001 BLOC�F pORj APB pSR10N FLS-PA,LP £O T J.C.C.F..NO.2014002394 f / ' O £C NO X51 ESS ?AR.. SD 102 212 B CCF NO N 243 SQ.FT. N , 1007{t1G1212' t. ._. —.— ��C.F.HO.2p1102 �' O 00 --_`' i i'� z N i , /• � i i S`�95110�/ i R=59 00,' P.O.5 5/8" C.I.R. / LS=09'45'30" - / CHB=S85 0715"W CND=10.04' FNO 5/8"C.LR. KERRY "TWIN" THOMAS DRIVE (75'Ro.W.) LC.I«F. NO. 20110212,2) EXHIBIT GBI PARTNERS, L.P. 243 SQ.FT. (0.0056 ACRE) OF LAND - . •' LAND SURVEYING CONSULTANTS LOCATED IN THE .....L.,..... 13340 S.GESSWER RD•MISSOURI CITY.TX 77489 PHONE:281-199.4539•to..goisun+p•.mm TBPLS WILLIAM MCFADDIN SURVEY, A-416, 01013034° JEFFERSON COUNTY, TEXAS SCALE: 1-= 100' 1J08 NO. 132410 DOTE: 05/01/2014 CREW CHIEF: n/o FIELD BOOK:n/a DWG.: 14-107EJLv2