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HomeMy WebLinkAboutPR 18883: WATER UTILITIES EASEMENT FROM TRACTOR SUPPLY COMPANY City of ort rthu _ Texas P.R. No. 18883 07/08/15 cs INTEROFFICE MEMORANDUM UTILITY OPERATIONS DEPARTMENT-ADMINISTRATION TO: Brian McDougal, City Manager FROM: Jimmie Johnson, PhD. Director of Utility Operations DATE: July 8, 2015 RE: Proposed Resolution No. 18883 Nature of the Request: The proposed Tractor Supply Company, 1650 Hwy. 365 is required to have a 10' foot easement from the proposed building side and a 15' foot easement on the Hwy. 365 side, for proposed water and sewer line extensions to serve the development. This easement is to provide the City with legal means of access to maintain water lines and water meters serving the property. Soutex Surveyors &Engineers, Inc. has provided the easement description and drawing. StaffAnalysis, Considerations: None. Recommendation: I recommend that the City Council approve Proposed Resolution No. 18883, which accepts a Water Utilities Easement from Tractor Supply Company, 1650 Hwy. 365, Port Arthur, Texas, for the purpose of installing, maintaining, operating, and replacing public water and sewer utilities on a portion of their property for the building at 1650 Hwy. 365, Port Arthur, Texas. Budget Considerations: None. P.R.No.18883 07/08/15-cs RESOLUTION NO. A RESOLUTION ACCEPTING A WATER UTILITIES EASEMENT FROM TRACTOR SUPPLY COMPANY, FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF WATER UTILITIES ON THEIR PROPERTY AT 1650 HIGHWAY 365,PORT ARTHUR,TEXAS. WHEREAS, the Tractor Supply Company is in the process of constructing a building at 1650 Hwy. 365, Port Arthur,Texas; and, WHEREAS, the City of Port Arthur requires an easement within the property, 10' from the proposed building side avid 15' feet on the Hwy. 365 side, for proposed water and sewer line extensions to serve the development on 1650 Hwy. 365, Port Arthur, Texas; and, WHEREAS, the City Council deems it appropriate to accept the Water Utilities Easement from the property owner: Tractor Supply Company, 1650 Hwy. 365, Port Arthur, Texas, 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 Tractor Supply Company, 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. Y.R. No.18883 07/08/15-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: APPROVED S TO FORM: VAi � \ Sherri Bellard Valecia Tizen City Secretary City Attorney APPROVED FOR ADMINISTRATION: iBri. • 1 cDo g. C' an. er 1' Ji 'ie Johnson P I. Director of Utility Operations ATTACHMENT "A" (Easement) WATER UTILITIES EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § THAT, Tractor Supply Company, 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. Tractor Supply Company, 1650 Hwy. 365, Port Arthur, Texas 77640 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 Tractor Supply Company. 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 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 "A" (Metes&Bounds description by Soutex Surveyors&Engineers,Inc.) TRACT I 0.4129 ACRE OF LAND FOR WATERLINE UTILITY EASEMENT PURPOSES OUT OF BLOCK 13,RANGE "L", PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS BEING 0.4129 acre of land for waterline utility easement purposes out of and a part of Lot 7, Block 13, Range "L", 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 319.48) acre tract of land conveyed to Park Central West, LTD, recorded in File No. 2000037589, Official Public Records, Jefferson County, Texas; said 0.4129 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a %2" steel rod, capped and marked "ARCENEAUX & GATES", found on the intersection of the East right of way line of a dedicated road named Park Central Boulevard, recorded in File No. 2014002528, Official Public Records, Jefferson County, Texas and the South right of way line of a dedicated road named FM Highway 365; said 1/2" steel rod being the Northwest corner of Tract 8-A (Called 5.00 acre) tract of land conveyed to the Housing Authority of the City of Port Arthur, Texas, recorded in File No. 2014008394, Official Public Records, Jefferson County, Texas; having a State Plane Coordinate of N: 13921845.49, E: 3550705.41; THENCE, South 37 deg., 00 min., 41 sec., West, on the South right of way line of said FM Highway 365, a distance of 119.96' (Called 120.00') to a 1/2" steel rod, capped and marked "ARCENEAUX & GATES", found for the POINT OF BEGINNING on the intersection of the South right of way line of said FM Highway 365 and the West right of way line of said Park Central Boulevard; said 1/2" steel rod being the Northeast corner of the herein described tract; having a State Plane Coordinate of N: 13921749.71, E: 3550633.19; THENCE, South 52 deg., 59 min., 19 sec., East, on the West right of way line of said Park Central Boulevard, a distance of 15.00' to a point for corner being the most Easterly Southeast corner of the herein described tract; THENCE, South 37 deg., 00 min., 41 sec., West, 15' South of and parallel to the South right of way line of said FM Highway 365, a distance of 517.62' to a point for corner being an interior corner of the herein described tract; THENCE, South 52 deg., 59 min., 19 sec., East, a distance of 436.13' to a point for corner being the most Southerly Southeast corner of the herein described tract; THENCE, South 37 deg., 00 min., 41 sec., West, a distance of 10.00' passing a %2" steel rod, capped and marked "SOUTEX", set for the Southeast corner of a 3.541 acre tract of land surveyed this date; continuing for a total distance of 20.00' to a point for corner being the most Southerly Southwest corner of the herein described tract; THENCE, North 52 deg., 59 min., 19 sec., West, a distance of 436.13' to a point for corner; THENCE, South 37 deg., 00 min., 41 sec., West, a distance of 20.00' to a point for corner; THENCE, South 52 deg., 59 min., 19 sec., East, a distance of 45.00' to a point for corner; THENCE, South 37 deg., 00 min., 41 sec., West, a distance of 15.00' to a point for corner; THENCE, North 52 deg., 59 min., 19 sec., West, a distance of 60.00' to a point for corner on the South right of way line of said FM Highway 365, same being the North line of the 3.541 acre tract; said point for corner being the Northwest corner of the herein described tract; THENCE, North 37 deg., 00 min., 41 sec., East, on the South right of way line of said FM Highway 365, same being the North line of the 3.541 acre tract, a distance of 45.00' passing a '/2" steel rod, capped and marked "SOUTEX", set for the Northeast corner of the 3.541 acre tract; continuing for a total distance of 572.62' to the POINT OF BEGINNING and containing 0.4129 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, US Survey Feet. Scale Factor=0.999922029, Convergence Angle=02 deg., 26 min., 51 sec. Reference Monument=NGS AJ8221. This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on February 13, 2015. 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