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Home My WebLink AboutPR 14296:COMM. PROPERTIES DEV MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROM: Kelly Eldridge, Director of Utility Operations DATE: April 30, 2007 RE: Proposed Resolution No. 14296 COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 14296, which rescinds Res. 07- 209, accepting a Water Utilities Easement from Commercial Properties Development Corporation and accepts this easement from Port Arthur CPDC, LLC. for the purpose of installing, maintaining, operating, and replacing sewer utilities including a sanitauf sewer linc and lift station on a polxion of their property. Commercial Properties Development Corporation changed its name to Port Arthur CPDC, LLC. BACKGROUND Thc new shopping center on FM 365 near SH 347 abutting the H.E.B development requires the installation of a public sewer mare and lift sra~on to serve this property. The existing sewer line serving lhis property runs through a private sex~ ~r line and lift stat~on on the adlacem H.E.B. property. The property owner installed a neu lilt station, a short section oFgrav~ty sewer hne. and a long force mare ro extend to thc City's system from this developmem Tins system has been constructed with enough capacity to serve the existing shopping cemer and thc adjacent commercml tract along FM 365 back toward the Entergy interurban R-O-W. An accompanying Proposed Resolution accepts the public infrastructure ~mprovements. After the easement was accepted it was brought to our attention that the company changed its name from Commercial Properties Development Corporation to Port Arthur CPDC. LLC. This resolution rescinds Res. No. 07-209. BUDGET/FISCAL EFFECT None STAFFING/EMPLOYEE EFFECT None. SUMMARY I recommend that the City Council approve P.R. No. 14296 accepting this Water Utilities Easement. P.R. No. 14296 04/30/07 RESOLUTION NO. A RESOLUTION ACCEPTING A WATER UTILITY EASEMENT FROM PORT ARTHUR CPDC, LLC. FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF WATER UTILITIES IN THE CITY OF PORT ARTHUR. WHEREAS, Resolution Number 07-209, which accepted an utility easement from Commercial Properties Development Corporation should be rescinded due to a name change; and, WHEREAS, the City Council of the City of Port Arthur deems it appropriate to accept a water utility easement from Port Arthur CPDC, LLC. for the construction, installation, laying, and maintenance of water utilities in the City of Port Arthur under, through, and across a portion of property owned by Port Arthur CPDC, LLC., in connection with utility services of 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 utility easement from Port Arthur CPDC, LLC. for the purpose of constructing, installing, laying and maintaining water utilities in substantially the same form as described in Exhibit "A", attached and made a part hereof; and, THAT, the easement shall be filed for record in the office of the County Clerk of Jefferson County, Texas; and, THAT, Resolution Number 07-209 is herein rescinded; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. P.R. No. 14296 07/27/07 Page 2 READ, ADOPTED AND APPROVED THIS day of 2007, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers: NOES: ATTEST: Deloris Prince Mayor Evangeline Green City Secretary APPROVED AS TO FORM: Mark Sokolow City Attorney APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons City Manager Kelly Eldrldgc O' Director of Utility Operations EXHIBIT A EASEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § THAT, Port Arthur CPDC, LLC., hereinafter called "Grantor", for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration to the undersigned 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, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the said City, a right, privilege and easement in, under and across the following described tract of land situated in Jefferson County, Texas, to-wit: See Attachment "A" attached hereto and incorporated herein by reference. Said Easement shal be for the purpose of constructing, installing, laying, maintaining and repairing a lift station, 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 r~ght to ingress an(~ egress from the a~)ove described tract of land for the aforesaid purposes of this Easement. KNOW ALL MEN BY THESE PRESENTS Easement Page 2 of 3 II It is expressly understood and agreed that the City shall have the right to the temporary use of adjacent property to the above designated Easement as is reasonably needed for working room to accomolish the aforesaid purposes of this Easement TO HAVE AND TO HOLD the same unto the City of Port Arthur. Texas. ~ts successors and assigns forever. SIGNED AND EXECUTED this day of .2007. By: Port Arthur CPDC, LLC. APPROVED AS TO FORM: Mark Sokolow City Attorney GRANTEE: CityofPo~Arthur P.O. Box*089 Po~ A~hur Texas 77640 ACKNOWLEGEMENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally appeared , of Port Arthur CPDC, LLC., known to mc to be the person whose name is subscribed to the foregoing inslrument 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 Port Arthur CPDC. LLC. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the · 2007. day of Notary Public for the State of Texas RETURN TO: CITY OF PORT ARTHUR ATTN: Mark Sokolow C~tv Attorney P. O. Box 1089 Port Arthur. Texas 77641-1089 ATTACHMENT A ARCENEAUX & GATES Consulting Engineers, Inc. Engineers ' Surveyors * Planners METES AND BOUNDS DESCRIPTION OF 0.0678 ACRES OF LAND FOR EASEMENT PURPOSES SITUATED IN LOTS 7 AND 8. BLOCK 13. RANGE PORT ARTHUR LAND COMPANY SUBDIVISION PORT ARTHUR. JEFFERSON COUNTY, TEXAS Being a 0.0678 acre tract or parcel of land. a portion of that certain tract of land (called 6.083 acres) as conveyed by deed from Porl Arthur Plaza Partners to Port Arthur CPDC, L.L.C., recorded in Clerk's Filc No. 2004028277 of the Official Public Records of Real Property, County Clerk's Office, Jefferson County, Texas, also being situated in Lots 7 and 8, Block 13, Range "G" of the Port Arthur Land Company Subdivision as recorded in Volume 1, Page 22 of the Map or Plat Records of said County and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" steel rod found located on the Southeasterly Right of Way line of F.M. Highway No. 365 marking the Northeast comer of said 6.083 acre tract and the Northwest comer of that certain tract of land (called 5.740 acres) as conveyed by deed to H.E.B. Grocery Company, L.P., recorded in Clerk's File No. 2002038434 of said Official Public Records, this point also marks the Northeast comer of the herein described tract of land; THENCE South 48 deg. 51 min. 13 sec. East (reference bearing), departing said Right of Way line along the common line of said 6.083 and 5.740 acre tracts a distance of 20.32 feet to a point marking the upper Southeast comer of the herein described tract of land; THENCE South 44 deg. 25 min. 49 sec. West a distance of 15.02 feet to an "Eli" comer of the herein described tract of land; THENCE South 48 deg. 51 min. 13 sec. East a distance of 140.22 feet to a point marking an angle point for comer of an existing 0.464 acre utility easement in favor of the City of Port Arthur by way of City Resolution No. 05-070, this point also marks the lower Southeast corner of the herein described tract of land; THENCE South 03 deg. 11 min. 07 sec. West along the Northeasterly line of said existing utility easement with the South line of this tract a distance of 26.07 feet to a point marking the Southwest comer of the herein described tract of land; THENCE North 45 deg. 54 min. 50 sec. West along the West line of this tract a distance of 175.97 feet to a point located on the said Southeasterly Right of Way line of F.M. High~vay No. 365 and Northerly line of said 6.083 acre tract marking the Northwest comer of the herein described tract of land; THENCE North 41 deg. 11 min. 15 sec. East along said Southeasterly Right of Way line and Northerly line of said 6.003 acre tract a distance of 26.53 feet to the Northeast comer and PLACE OF BEGINNING and containing in area 2.952 square feet or 0.0678 acres of land. more or less Surveyed: March. 2007 Job No.07-CPD-010 An exhibit of even date is being submitted as a part of this metes and bounds description. Bearings referenced to the East line of 6.083 acre tract South 48 deg. 51 min. 13 sec. East - Deed jo ~~B ob } '~ S .~-,k4583-~ Page 2 of 3 ,,,g~,=~os~.~.~T~s~o=,.,~oo~=~o~ 0 100 200 SCALE ~N FEET SERVICE PORT ARTHUR PLAZA PARTNERS TO PORT ARTHUR CPDC, bEC. 6.083 ACS. CF#2004028277 %% ~ XISTING (¢~[:~x?::/'/ RESIBO~OF 125.804ACS. , -- - CITY OF pORT ARTHUR / LIFT STAll( N41°11'15"E P.O.B. '13" E 20,32' "W 15.02' SAN / 0678 EXHIBIT SHOWING A 0.0678 ACRE UTILITY EASEMENT FOR LIFT STATION SITE AND ADJACENT SANITARY SEWER LINE OUT OF A 6.083 ACRE TRACT OF LAND SITUATED IN LOTS 7 & 8, BLOCK 13, RANGE "G" PORT ARTHUR LAND COMPANY SUBDIVISION PORT ARTHUR, JEFFERSON COUNTY, TEXAS PROJECT Ne C:PD-0~0 I DALE: MAR[;H 2007 PAGE 5 OF 5