HomeMy WebLinkAboutPR 18825: ACCEPTING A WATER UTILITIES EASEMENT FORM GOODWILL INDUSTRIES OF TEXAS MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Brian McDougal, City Manager
FROM: Jimmie Johnson,PhD. Director of Utility Operations
DATE: January 23, 2015
RE: Proposed Resolution No. 18825
COMMENTS
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 18825, which accepts a
Water Utilities Easement from Goodwill Industries of Texas, 4352 F.M. Hwy 365, Port Arthur,
Texas 77642 for the purpose of installing, maintaining, operating, and replacing public water -
utilities on a portion of their property for the building at 4352 F.M. Hwy 365, Port Arthur, Texas
77642.
BACKGROUND
During the pre-development meeting and review of the plans for the proposed Goodwill
Industries of Texas property of 4352 Hwy 365 and the City's records, it was revealed that the
City does not have an easement for the existing City waterline within the property on Hwy 365.
The purpose of this easement is to provide the City with a legal means of access to maintain
waterlines and water meters serving the property. Soutex Surveyors & Engineers, Inc. has
provided the easement description and drawing.
BUDGET/FISCAL EFFECT
None.
STAFFING/EMPLOYEE EFFECT
The 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. 18825.
P.R. No.18825
01/23/15-CS
RESOLUTION NO.
A RESOLUTION ACCEPTING A WATER
UTILITIES EASEMENT FROM GOODWILL
INDUSTRIES OF TEXAS, FOR THE
CONSTRUCTION, INSTALLATION, LAYING,
AND MAINTAINING OF WATER UTILITIES ON
THEIR PROPERTY AT, 4352 F.M. HWY 365,
PORT ARTHUR,TEXAS
WHEREAS, Goodwill Industries of Texas, is in the process of constructing a building at
4352 F.M. Hwy 365, Port Arthur, Texas 77642; and,
WHEREAS,the City of Port Arthur requires an easement within the property fronting on
4352 F.M. Hwy 365 and the City Council deems it appropriate to accept a 10' Water Utilities
Easement from the property owner: Goodwill Industries of Texas, 4352 F.M. Hwy 365, Port
Arthur, Texas 77642 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 is hereby authorized and instructed
to execute and accept a Water Utilities Easement from Goodwill Industries of Texas, 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.18825
01/23/15-CS
Page 2
READ,ADOPTED AND APPROVED THIS day of
2015, 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: APOVE AS TO FORM:
nn
Sherri Bellard Valecia Tize
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
Brian McDougal
City Manager
Jimmie Johnson PhD.
Director of Utility Operations
ATTACHMENT "A"
(Easement)
WATER UTILITIES EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
THAT, Goodwill Industries of Texas, 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., 2015.
Goodwill Industries of Texas, 4352 F.M. Hwy 365 Port Arthur, Texas 77642
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 , 2015.
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
EXHIBIT "A"
(Metes&Bounds description by Soutex Surveyors&Engineers,Inc.)
EXHIBIT "A"
0.0096 ACRE OF LAND
FOR WATERLINE EASEMENT PURPOSES
PART OF LOT 5,BLOCK 13, RANGE "G",
PORT ARTHUR LAND COMPANY SUBDIVISION,
JEFFERSON COUNTY,TEXAS
BEING 0.0096 acre of land out of and a part of Lot 5, Block 13, Range "G", 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 1.0002) acre tract of land
conveyed to Goodwill Industries of Southeast Texas, recorded in File No. 2014018640,
Official Public Records, Jefferson County, Texas; said 0.0096 acre tract being more fully
described by metes and bounds as follows,to wit:
BEGINNING at a 5/8" steel rod, capped and marked"WHITELEY", found on the South
right of way line of a dedicated road named F.M. 365; said 5/8" steel rod being the
Northeast corner of Lamplighter Townhouses, recorded in Volume 2, Page 141,
Condominium Records, Jefferson County, Texas, the Northwest corner of the (Called
1.0002) acre tract and the Northwest corner of the herein described tract;
THENCE, North 35 deg., 49 min., 14 sec., East (Called North 49 deg., 29 min., 33 sec.,
East), on the South right of way line of said F.M. 365 and the North line of the (Called
1.0002) acre tract, a distance of 200.17' (Called 200.10') to a 5/8" steel rod, capped and
marked "WHITELEY", found for the Northeast corner of the (Called 1.0002) acre tract
and the Northeast corner of the herein described tract;
THENCE, South 45 deg., 35 min., 42 sec., East (Called South 40 deg., 56 min., 10 sec.,
East), on the East line of the (Called 1.0002) acre tract, a distance of 10.11' to a point for
corner being the Southeast corner of the herein described tract;
THENCE, South 35 deg., 49 min., 14 sec., West, a distance of 198.66' to a point for
corner on the East line of said Lamplighter Townhouses tract, same being the West line
of the (Called 1.0002) acre tract; said point for corner being the Southwest corner of the
herein described tract;
THENCE,North 54 deg., 11 min., 42 sec., West(Called North 49 deg., 29 min., 13 sec.,
West), on the East line of said Lamplighter Townhouses tract and the West line of the
(Called 1.0002) acre tract, a distance of 10.00' to the POINT OF BEGINNING and
containing 0.0096 acre of land,more or less.
Note: Bearings, distances, coordinates and acreage are based on State Plane Coordinate
Grid System, Texas South-Central Zone,NAD 83 (Epoch 2011).
Scale Factor=0.999926670, Convergence Angle = 02 deg., 27 min., 33 sec.
Reference Monument=NGS AJ8221.
This description is based on the Land Survey made by Anthony A. Leger, Registered
Professional Land Surveyor No. 5481, on July 29, 2014. o• TF..
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Goodwill Industries col• * °" N
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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 , 2015.
CITY OF PORT ARTHUR
By:
Brian McDougal,
City Manager
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME, the undersigned Notary Public, on this day personally appeared Brian McDougal
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
, 2015.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
EXHIBIT "B"
(Survey Drawing by Soutex Surveyors&Engineers,Inc.)
FOUND 5/8" SCALE: 1" = 40' �O,A
STEEL ROD Ty
CAPPED "WHITELEY" GULF STATES UTILITIES 0 20 40
E: 3557557.336 100' WADE RIGHT—pFCOMPANY %�
___ — _ (CAL ED535�42" E 241 PALCO NORTH
----_ —___ _ S 4056'10" E 2 0' FOUND 5/8"
___ 41.96' STEEL ROD
S 45'35'42" E 10.11' _ — CAPPED "WHITELEY"
(CALLED S 40'56'10" E) ___ — — _
5' WIDE PIPELINE RIGHT—OF—WAY EASEMENT
o SOUTHERN UNION GAS COMPANY
ci VOLUME 1084, PAGE 304, D.R.J.C.
N t0
O 00 O
N w 01
i,) NOW OR FORMERLY o 2
w r 3 GOODWILL INDUSTRIES OF SOUTHEAST TEXAS 4
N PART OF LOT 5, BLOCK 13, RG. "G" .—co
PORT ARTHUR LAND COMPANY SUBDIVISION =
CALLED 1.0002 ACRES O
M I .- Z 2014018640, O.P.R.J.C. 3 a
Z w" ) N a• O
N 0.0096 ACRE OF LAND FOR N
J
li v WATERLINE EASEMENT PURPOSES to
In
PART OF LOT 5w M M w
3 I BLOCK 13, RANGE G
i P.A.LCO. SUBDIVISION a
JEFFERSON COUNTY, TEXAS
U
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w
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CU
J J H L
N 5411'42" W 10.00' w w c�.>•
o (CALLED N 49'29'13" W) "a
C 0010°
y N 5411'42" W 239.17' cK m` `'N
° (CALLED N 49'29'13" W 239.27') " ° w°r%)
om FOUND 1 �o z a 0
POINT OF BEGINNING LAMPLIGHTER TOWNHOUSES STEEL PIPE z 0°o
FOUND 5/8" VOLUME 2, PAGE 141, CONDOMINIUM D N
STEEL ROD RECORDS OF JEFFERSON COUNTY w
CAPPED "WHITELEY" m
N: 13930812.55'
E: 3557440.18'
.4''''P�� ERP+' ,
METES AND BOUNDS DESCRIPTION OF EVEN ` �' ':�
DATE TO ACCOMPANY SURVEY
, ANTHONY M.LEGER •
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NOTE: 5481
COORDINATES, BEARINGS, DISTANCES & t;j1<9�UFFSS�?y0 j,
ACREAGE SHOWN ARE BASED ON STATE \A O S" �
PLANE COORDINATE GRID SYSTEM,
U i
TEXAS—SOUTH CENTRAL ZONE NAD 83 — ��Z
(EPOCH 2011). COMBINED SCALE FACTOR: ANTHONY M. ii "
0.999926670, CONVERGENCE ANGLE: REGISTERED PROFE 50NAL LAND SURVEYOR NO. 5481
2'27'33". REF. NGS MON. AJ8221
SHEET-ME EXHIBIT "B" 14 N0487
S(T)T_T'JIEfL)( 0.0096 ACRE OF LAND FOR WATER LINE EASEMENT =ALE
it 3737 Doctors Drive PURPOSES, PART OF LOT 5, BLK. 13, RG. "G", 1" = 40'
�� Port Arthur,Texas 77642 P.A.L.CO. SUB.() VOL. 1, PG. 22, MAP RECORDS DoE
Tel.409.983.2004 JEFFERSON COUNTY, TEXAS r8/18/10 BY
SURVEYORS ENGINEERS PROJECT J. = 40
Fax 409.983.2005 GOODWILL INDUSTRIES OF TEXAS CHECKED BY
soutexsurveyors.com 4352 F.M. HWY 365 A.M.L.
T.B.P.E.FIRM'5755•T.X.LS.FIRM#10123800 PORT ARTHUR, TEXAS 77642 SHEET
1 OF 1
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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 , 2015.
CITY OF PORT ARTHUR
By:
Brian McDougal,
City Manager
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME, the undersigned Notary Public, on this day personally appeared Brian McDougal
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
, 2015.
•
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS