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HomeMy WebLinkAboutPR 18412: ACCEPTING A WATER UTILITIES EASEMENT FROM STONEGATE CHURCH OF CHRIST MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: John A. Comeaux P.E.,Interim City Manager FROM: John A. Tomplait, Assistant Director of Utility Operations DATE: July 2,2014 RE: Proposed Resolution No. 18412 COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No.18412, which accepts a Water Utilities Easement from Stonegate Church of Christ for the purpose of installing, maintaining, operating, and replacing public water utilities on a portion of their property for the new church building, at 2525 Aero Drive Port Arthur,TX 77642. BACKGROUND The Stonegate Church of Christ is requesting a water meter for fire protection and domestic use for the church building. This easement is for the installation of the 6" Fire Line Metering Assembly (FLMA) at 2525 Aero Drive. The Soutex Land Surveyors & Engineers 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. 18412. P.R. No.18412 7/02/14-CS RESOLUTION NO. A RESOLUTION ACCEPTING A WATER UTILITIES EASEMENT FROM STONEGATE CHURCH OF CHRIST FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF WATER UTILITIES ON THEIR PROPERTY AT 2525 AERO DRIVE IN THE CITY OF PORT ARTHUR. WHEREAS, Stonegate Church of Christ proposes to develop 2525 Aero Drive; and, WHEREAS, the City of Port Arthur requires an easement adjacent to the existing public right-of-way on 2525 Aero Drive and the City Council deems it appropriate to accept a Water Utilities Easement from the property owner: Stonegate Church of Christ 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 Stonegate Church of Christ 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. 7/02/14-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: Debris Prince Mayor ATTEST: APPROVED AS TO FORM: Sherri Bellard Valecia'"izen/ City Secretary City Attome APPROVED FOR ADMINISTRATION: John A. Comeaux P.E. Interim City Manager ohn AN. Tomplait ant Director of Utility Operations ATTACHMENT "A" (Easement) WATER UTILITIES EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT, Stonegate Church of Christ, 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. Stonegate Church of Christ 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 Land Surveyors&Engineers) EXHIBIT"A" 0.0022 ACRE(100 SQ.FT.)OF LAND FOR WATER METER EASEMENT PURPOSES OUT OF AND A PART OF THE STONEGATE CHURCH OF CHRIST REPLAT CITY OF PORT ARTHUR JEFFERSON COUNTY,TEXAS BEING 0.0022 acre(100 Sq. Ft.)of land out of and a part of the Stonegate Church of Christ Replat,City of Port Arthur,recorded in File No.2014002483,Official Public Records,Jefferson County, Texas; said 0.0022 acre tract being more fully described by metes and bounds as follows,to wit: COMMENCING at a'A"steel rod,capped and marked"SOUTEX",found for the Southeasterly corner of said replat,same being the Southwesterly corner of a(Called 2.000)acre tract of land conveyed to Umphrey Family Limited Partnership,recorded in File No. 2013010777, Official Public Records,Jefferson County,Texas on the Northerly right of way line of a dedicated road named Aero Drive;having a State Plane Coordinate of N: 13927515.64,E:3548094.77; THENCE,South 36 deg.,36 min.,31 sec.,West(Called South 36 deg.,37 min.,48 sec.,West), on the Northerly right of way line of said Aero Drive, same being the Southerly line of said replat, a distance of 99.00' to a point for corner being the POINT OF BEGINNING and Southeasterly corner of the herein described tract; having a State Plane Coordinate of N: 13927436.17,E:3548035.73; THENCE,South 36 deg.,36 min.,31 sec.,West(Called South 36 deg.,37 min.,48 sec.,West), continuing on the Northerly right of way line of said Aero Drive,same being the Southeasterly line of said replat,a distance of 10.00'to a point for corner being the Southwesterly corner of the herein described tract; from which a%Z"steel rod,capped and marked"A&G",found for the Southwesterly corner of said replat, same being the Southeasterly corner of a(Called 13) acre tract of land conveyed to Jess H. McPhillips and Dolly McPhillips, recorded in File No. 2004012623,Official Public Records,Jefferson County,Texas bears South 36 deg.,36 min.,31 sec.,West(Called South 36 deg.,37 min.,48 sec.,West),a distance of 190.12';having a State Plane Coordinate of N: 13927275.53,E:3547916.39; THENCE,North 53 deg.,24 min.,45 sec.,West,a distance of 10.00'to a point for corner being the Northwesterly corner of the herein described tract; THENCE,North 36 deg.,36 min.,31 sec.,East,a distance of 10.00'to a point for corner being the Northeasterly corner of the herein described tract; THENCE, South 53 deg., 24 min., 45 sec., East, a distance of 10.00' to the POINT OF BEGINNING and containing 0.0022 acre of land,more or less. Note: Bearings, distances, coordinates and acreage are based on State Plane Coordinate Grid System,Texas South-Central Zone,NM)83. Scale Factor=0.999925296,Convergence Angle=02 deg.,26 min.,38 sec. Reference Monument=NGS AJ8221. This description is based on the Land Survey made by Anthony M. Leger, ;%?•.sfis Professional Land Surveyor No.5481,on July 1,2014. • HONYM. GER City of Port Arthur •' LS-11-0722E EXHIBIT "B" (Metes&Bounds description by Soutex Land Surveyors&Engineers) • (CALLED 5.001) ACRES UMPHREY FAMILY LIMITED PARTNERSHIP FOUND 1/Y STEEL ROD — FILE NO. 2007044708. O.P.R.J.C. �CAPPED J.R.' HODGES• • m1of (CALLED 2.000) ACRES I UMPHREY FAMILY LIMITED PARTNERSHIP FILE NO. 2013010777, 0.P.R.J.C. n co to y) POINT OF COMMENCING FOUND 1/2" STEEL ROD CAPPED "SOUTEX' — — — — N:13927515.64 E:3548094.77 0 o m mf i •. 4.998 ACRES '� l STONEGATE CHURCH OF CHRIST REPLAY POINT OF BEGINNING H F.# 2014002483, 0.P.R.J.C. n 27 N:t 39436.17 E 3546035.73 L4 I 3 L2 I W-' LE PROPOSED CHURCH CI O ' r 1TW� C. Q..... ta O) ^ . 7 n ;�;n Os 0.0022 ACRE (100 SQ. FT,) 'y OF LAND FOR WATER METER 19 EASEMENT PURPOSES IyZ1 PART OF THE STONEGATE CHURCH OF CHRIST REPEAT JEFFERSON COUNTY, TEXAS I i/— 1/2' STEEL. — ROD CAPPED 'Ad2G" N:13927275.53• E 3547916.39 (CALLED 13) ACRES I UNE TABLE JESS H. MCPHIWPS & DOLLY MCPHIWPS I LINE NO. BEARING DISTANCE FILE NO. 2004012623 Lt S 36•36'31' W 10.00' 0.P.R.J.C. 1-2 N 5374'45' W 10.00' L3 N 3616'31"E 10.00' L4 S 5374'45' E 10.00' SURVEYORS NOTES: 1. COORDINATES. BEARINGS, DISTANCES& ACREAGE SHOWN ARE BASE ON STATE PLANE , �tEOF)-• COORDINATE GRID SYS7Tld, TEXAS—SOUTH CENTRAL ZONE HAD 83. ,c0:�`� * o9J1\ COMI LED SCALE FACTOR 0.999925296, CONVERGENCE ANGLE 276'38' REF. NGS MON. AJ8221 • ANTHONY M.LEGER • • 2. METES AND BOUNDS OF EVEN DATE TO ACCOMPANY THIS PLAT \ 1 "0 5481 ' r __ _�i .e. -: SS1,Gya ANTHONY M. LEGE' . VV REGISTERED PROFESSI•NAL LAND SURVEYO' '0. 5481 tams,"RE '----- EXHIBIT'B" 0.0022 ACRE(700 S0. FT.) 11-0722E rs 3737 Doctors Nye FOR WATER METER EASEMENT PUOSES ' =.60' . �O�r"��'� Y PortAttLnr TomesT7642 PART OF THE STONEG 00 CHURCH OF CHRIST 6i� . . ()UFO( T,I gpg.gg3_,�pp} REPEAT.F./2014002483, O.P.RJ.C. 1/14 SURVEYORS S ENQN ERS Fs 409.983.LN5 CITY OF PORT ARTHUR T. CHASE TAE Is75s souta urvegoracom 444 4TH STREET er T.X.L.S.MU pmzsaoo p��g PORT ARTHUR, TEXAS 77640 't X\Voult\PROJECT$V,O11\11-0722 Church of Christ — Gentile Construction\bWG\11-0722E:dwg Jul 02. 2014-9:36am Travis OF I 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