HomeMy WebLinkAboutPR 19116: AMENDING RES 15-254 WATER UTILITIES EASEMENT FROM TRACTOR SUPPLY COMPANY P.R.No. 19116
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INTEROFFICE MEMORANDUM
UTILITY OPERATIONS DEPARTMENT-ADMINISTRATION
TO: Brian McDougal, City Manager
FROM: Jimmie Johnson, PhD. Director of Utility Operations
DATE: August 24, 2015
RE: Proposed Resolution No. 19116
Nature of the Request:
Amending Resolution No. 15-254, which authorizing the name changed from Tractor Supply
Company to PATX, LLC for 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.
Staff Analysis, Considerations:
None.
Recommendation:
I recommend that the City Council approve Proposed Resolution No. 19116, amending
Resolution No. 15-254, which authorizes the name changed from Tractor Supply Company to
PATX, LLC.
Budget Considerations:
None.
P.R. No. 19116
8/24/15 cs
Page 2
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO.
15-254, WHICH ACCEPTED 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, per the Resolution 15-254, the City of Port Arthur accepted the water and sewer
easement from Tractor Supply Company; and,
WHEREAS, before the Water Utilities Easement was processed, Tractor Supply requested that
the Utilities Operation Department change the name from Tractor Supply to PATX, LLC; and,
WHEREAS, the City Council deems it appropriate to accept the Water Utilities Easement from
the property owner: PATX, LLC, 905 Sunshine Road Royal, AR 71968, for the construction, installation,
laying and maintenance of public water utilities under, though, 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 Council authorizes amending Resolution No 15-524 to correct the name from
Tractor Supply Company to PATX, LLC.; and,
THAT, the City Manager of the City of Port Arthur is hereby authorized and instructed to
execute and accept a Water Utilities Easement from PATX, LLC, 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,
P.R.No. 19116
8/24/15 cs
Page 3
THAT,a copy of the caption of this Resolution be spread upon the Minutes of the City Council.
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 AS TO FORM:
V J
V�
Sherri Bellard Valecia Tizeno
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
Brian McDougal
City Manager
Jimmie Johnson PhD.
Director of Utility Operations
P.R.No. 19116
8/24/15 cs
Page 4
ATTACHMENT "A"
(Easement)
P.R. No. 19116
8/24/15 es
Page 5
WATER UTILITIES EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
THAT, PATX, LLC, 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.
P.R.No. 19116
8/24/15 cs
Page 6
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.
PATX, LLC, 905 Sunshine Road Royal, AR 71968
By:
Print Name:
Title:
APPROVED AS TO FORM:
City Attorney
P.R. No. 19116
8/24/15 cs
Page 7
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 PATX, LLC.
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
P.R.No. 19116
8/24/15 cs
Page 8
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 , 201.5.
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
P.R. No. 19116
8/24/15 es
Page 9
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 1/2" 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 1/2" 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.
PATX,LLC
LS-14-0723-C
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ANTHONYM.LEGER ►
5481
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TRACT II
0.6213 ACRE OF LAND
FOR ACCESS EASEMENT PURPOSES
OUT OF BLOCK 13, RANGE "L",
PORT ARTHUR LAND COMPANY SUBDIVISION,
CITY OF PORT ARTHUR,
JEFFERSON COUNTY,TEXAS
BEING 0.6213 acre of land for access easement purposes out of and a part of Lot 6,
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 0.6213 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 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 '/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 989.58' to a 1/2" steel rod, capped and marked
"SOUTEX", set for the POINT OF BEGINNING; said '/2" steel rod being the
Northwest corner of a 3.541 acre tract of land surveyed this date; also being the Northeast
corner of the herein described tract; having a State Plane Coordinate of N: 13921055.30,
E: 3550109.70;
THENCE, South 52 deg., 59 min., 19 sec., East, on the West line of the 3.541 acre tract,
a distance of 451.13' to a '/2" steel rod, capped and marked "SOUTEX", set for the
Southwest corner of the 3.541 acre tract and the Southeast corner of the herein described
tract;
THENCE, South 37 deg., 00 min., 41 sec., West, a distance of 60.00' to a point for
corner being the Southwest corner of the herein described tract;
THENCE, North 52 deg., 59 min., 19 sec., West, a distance of 451.13' to a point for
corner on the South line of said FM Highway 365; 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, a distance of 60.00' to the POINT OF BEGINNING and containing
0.6213 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.
PATX,LLC
LS-14-0723-C
fi
4 ANTHONY M.LEGER f
c.,.*•% 5481
...............
P.R.No. 19116
8/24/15 cs
Page 10
EXHIBIT "B"
(Survey Drawing by Soutex Surveyors&Engineers,Inc.)
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