HomeMy WebLinkAboutPR 20289: ACCEPTING EASEMENTS FROM THE PORT OF PORT ARTHUR NAVIGATION DISTRICT P.R. No. 20289
05/31/18 ht
RESOLUTION NO.
A RESOLUTION ACCEPTING INGRESS/EGRESS EASEMENTS FROM THE
PORT OF PORT ARTHUR NAVIGATION DISTRICT OF JEFFERSON
COUNTY, TEXAS, FOR THE CONSTRUCTION, INSTALLATION, LAYING,
AND MAINTAINING OF UTILITIES ON THEIR PROPERTY LOCATED AT
HOUSTON AVENUE, PORT ARTHUR, TEXAS.
WHEREAS, the Port of Port Arthur Navigation District has requested that the City of Port
Arthur of Jefferson County, Texas close, vacate, abandon and convey portions of Houston Ave,
Lakeshore Drive, Railroad Avenue and Fourth Street; and
WHEREAS, upon the abandoning and vacating of any street, alley or easement, the City
shall have the right, if it so desires, to retain ingress/egress easements within the street, alley
or easement abandoned with an appropriate reduction in the fair market value, as delineated in
Section 94-384 of the City Charter; and
WHEREAS, the City Council deems it appropriate to accept the Ingress/Egress
Easements from the prospective property owner, Port of Port Arthur Navigation District, 221
Houston Ave., Port Arthur, Texas, for the construction, installation, laying and maintenance of
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 Ingres/Egress Easements from the Port of Port Arthur Navigation District of
Jefferson County, 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, said Ingress/Egress Easements 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.
READ, ADOPTED AND APPROVED THIS day of ,
2018, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote: AYES:
Mayor: ,
Councilmembers: ,
NOES:
Derrick Freeman
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
Valecia Tizeno
City Attorney
APPROVED FOR ADMINISTRATION:
Harvey Robinson
Interim City Manager
Dr. Hani Tohme,
Interim Director of Utilities Operation
Armando Gutierrez,
Director of Public Works
EXHIBIT "A"
(Easement)
INGRESS/EGRESS EASEMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This Easement Agreement entered into by and between THE PORT OF PORT ARTHUR
NAVIGATION DISTRICT OF JEFFERSON COUNTY, TEXAS ("Grantor") and JEFFERSON
COUNTY DRAINAGE DISTRICT NO. 7 ("DD7"), JBS PACKING, INC. ("JBS"), ENTERGY
TEXAS, INC. ("Entergy"), KANSAS CITY SOUTHERN ("KCS"), the CITY OF PORT
ARTHUR, JEFFERSON COUNTY, TEXAS ("City"), TEXAS GAS SERVICE ("Texas Gas"),
STANDARD ALLOYS, INC. ("Standard Alloys"), TIME WARNER CABLE("Time Warner"),
and AT&T(hereinafter collectively referred to as"Grantees"),
WITNESSETH:
WHEREAS, Grantor is the owner of those certain tracts of land described in the attached
Exhibit"A"and incorporated herein(the"Easement Property")and
WHEREAS, the parties desire for Grantees to have a perpetual, non-exclusive easement
across the Easement Property;
NOW, THEREFORE,the parties agree as follows:
1. IN CONSIDERATION OF TEN and 00/100 DOLLARS ($10.00), AND OTHER
GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby
acknowledged, and upon the terms and conditions hereinafter expressed, Grantor has granted and
by these presents does grant, sell, and convey without any warranty as to title or right
whatsoever, unto Grantees, Grantees' successors and assigns, an easement, together with rights
of ingress and egress on, over, and across the Easement Property.
2. Grantees, Grantees' agents, contractors, and employees shall have the right of
ingress and egress on, over and across the Easement Property.
3. DD7 is hereby granted the right of ingress and egress on, over and across the
Easement Property as necessary for constructing, reconstructing, maintaining, operating, and
repairing a drainage outfall, pump station, flood gate, and Hurricane Flood Protection Levee
(HFPL).
4. Grantees further agree to maintain said Easement Property in good condition and
free of trash and debris. Grantees agree to maintain and repair any and all damage to the property
upon which the easement is situated, as well as any adjoining property, including damage done
to Grantor's driveways, roads, and gates caused by Grantees in the exercise of any rights granted
herein. Grantees shall repair any damage within a reasonable period of time (not to exceed thirty
1
+fi#
(30) days from written notice and supporting documentation of the damages arising from each
occurrence).
5. Grantees understand that Grantor has not inspected the condition of the Easement
Property and Grantees accept the Easement Property on an "AS IS" basis and at the sole risk of
Grantees with respect to the condition of the Easement Property in its current condition, with all
defects,if any.
6. Grantees, Grantees' agents, servants, employees, contractors, and subcontractors
will, while upon the lands of Grantor, upon request, stop and identify themselves, their
destination and the purpose of their presence upon the lands of the Grantor.
7. Grantees shall not construct any improvements on the Easement Property without
Grantor's prior written consent. Upon Grantor's consent to any improvements, the requesting
Grantee may construct those approved improvements. Once Grantee has constructed the
approved improvement, Grantee shall, at Grantee's sole cost and expense, maintain any
improvements placed thereon by Grantee, so as not to unreasonably interfere with Grantor's
operations and the quiet enjoyment and use of its real estate.
8. Grantor reserves the right to use the Easement Property in any manner that will
not unreasonably interfere with the rights of Grantees, Grantees' successors and assigns, under
this Agreement.
9. The parties recognize their mutual rights to enjoyment of the Easement Property
in the manner described herein, free and clear from unreasonable interference by one another.
Therefore, the parties mutually agree and covenant not to use the Easement Property in such a
manner as to unreasonably interfere with one another's use rights.
10. The rights granted under this Agreement are expressly subject to, and Grantees
agree to comply with, the restrictions and covenants of any and all recorded easements,
restrictions, rights-of-way, liens, mineral and/or royalty reservations of record, or encumbrances
which may affect the Easement Property or the exercise of Grantees' rights under this
Agreement.
11. The rights herein granted are personal to Grantees, Grantees' employees, agents,
representatives, contractors, lessees, and invitees, and Grantees hereby covenant and agree that
said easement shall be for private access to its property and no public use shall be allowed.
12. This Agreement constitutes the entire understanding and agreement between the
parties pertaining to Grantees' rights of use of the Easement Property. In the event of any
conflict between the terms of this Agreement and any prior or contemporaneous document or
contract between the parties, the terms of this Agreement shall be controlling. No modification
of this Agreement shall be binding unless signed in writing by the parties.
Grantor retains for itself the right to use and enjoy the area covered by the above
2
described easement, except as the same may be inconsistent with the purposes of the easement
herein granted to Grantees, Grantees' successors and assigns.
TO HAVE AND TO HOLD said easement unto said Grantees, Grantees' successors and
assigns, forever.
[remainder of page left intentionally blank]
3
IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement in
duplicate originals on the day of , 2018.
' THE PORT OF PORT ARTHUR
NAVIGATION DISTRICT OF JEFFERSON
COUNTY, TEXAS
By:
Name Printed:
Title:
JEFFERSON COUNTY DRAINAGE
DISTRICT NO. 7
By:
Name Printed:
Title:
JBS PACKING, INC.
By:
Name Printed:
Title:
ENTERGY TEXAS, INC.
By:
Name Printed:
Title:
4
KANSAS CITY SOUTHERN
By:
Name Printed:
Title:
THE CITY OF PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
By:
Name Printed:
Title:
TEXAS GAS SERVICE
By:
Name Printed:
Title:
STANDARD ALLOYS, INC.
By:
Name Printed:
Title:
5
TIME WARNER CABLE
By:
Name Printed:
Title:
AT&T
By:
Name Printed:
Title:
6
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME,the undersigned authority,on this day personally appeared
the of The Port of Port Arthur Navigation District of Jefferson County,
Texas,a navigation district,
known to me
O proved to me on the oath of or
through
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, in the
capacity therein stated and as the act and deed of said navigation district.
Given under my hand and seal of office on this day of
2018.
NOTARY PUBLIC, STATE OF TEXAS
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME,the undersigned authority,on this day personally appeared , F
the of Jefferson County Drainage District No. 7,
O known to me
proved to me on the oath of or
through
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, in the
capacity therein stated and as the act and deed of said drainage district.
Given under my hand and seal of office on this day of ,
2018.
NOTARY PUBLIC, STATE OF TEXAS
7
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME,the undersigned authority,on this day personally appeared
the of JBS Packing,Inc.,
known to me
O proved to me on the oath of or
through
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, in the
capacity therein stated and as the act and deed of said entity.
Given under my hand and seal of office on this day of
2018.
NOTARY PUBLIC, STATE OF TEXAS
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME,the undersigned authority, on this day personally appeared
the of Entergy Texas,Inc.,
O known to me
O proved to me on the oath of or
through
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, in the
capacity therein stated and as the act and deed of said entity.
Given under my hand and seal of office on this day of
2018.
NOTARY PUBLIC, STATE OF TEXAS
8
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority,on this day personally appeared
the of Kansas City Southern,
known to me
proved to me on the oath of or
through
subscribed to the foregoing instrument and acknowledged to me
to be the person whose name is g g g
that he/she executed the same for the purposes and consideration therein expressed, in the
capacity therein stated and as the act and deed of said entity.
Given under my hand and seal of office on this day of
2018.
NOTARY PUBLIC, STATE OF TEXAS
THE STATE OF TEXAS §
COUNTY OF § {
BEFORE ME,the undersigned authority,on this day personally appeared
the of the City of Port Arthur, Jefferson County,Texas,
known to me
proved to me on the oath of or
through
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, in the
capacity therein stated and as the act and deed of said entity.
Given under my hand and seal of office on this day of
2018.
NOTARY PUBLIC, STATE OF TEXAS
9
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME,the undersigned authority,on this day personally appeared
the of Texas Gas Service,
O known to me
O proved to me on the oath of or
through
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, in the
capacity therein stated and as the act and deed of said entity.
Given under my hand and seal of office on this day of
2018.
NOTARY PUBLIC, STATE OF TEXAS
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME,the undersigned authority,on this day personally appeared
the of Standard Alloys, Inc.,
O known to me
O proved to me on the oath of or
through
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, in the
capacity therein stated and as the act and deed of said entity.
Given under my hand and seal of office on this day of
2018.
NOTARY PUBLIC, STATE OF TEXAS
10
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME,the undersigned authority,on this day personally appeared
the of Time Warner Cable,
El known to me
El proved to me on the oath of or
through
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, in the
capacity therein stated and as the act and deed of said entity.
Given under my hand and seal of office on this day of
2018.
NOTARY PUBLIC, STATE OF TEXAS
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME,the undersigned authority, on this day personally appeared
the of AT&T,
El known to me
O proved to me on the oath of or
through
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, in the
capacity therein stated and as the act and deed of said entity.
Given under my hand and seal of office on this day of
2018.
NOTARY PUBLIC, STATE OF TEXAS
11
TBPE Firm No.F-5755
TBPLS Firm No.10123800
OUTEX
LA EF.0005711
3737 Docton Drive
Port Arthur,Texas 77642
SURVEYORS&'ENGINEERS Office(409)983.2004
Fax(409)983.2005
EXHIBIT A
TRACT 1
0.1929 ACRE OF LAND
FOR INGRESS/EGRESS EASEMENT PURPOSES
PART OF 4TH STREET
CITY OF PORT ARTHUR
JEFFERSON COUNTY,TEXAS
BEING 0.1929 acre of land, for ingress/egress easement purposes,part of 4th street, City
of Port Arthur,recorded in Volume 1,Page 50, Map Records,Jefferson County,Texas;
said 0.1929 acre tract being more fully described by metes and bounds as follows,to wit:
Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate
System of 1983, South Central Zone, US Survey Feet, and are referenced to SmartNet,
North America.
COMMENCING at a 1/2"steel rod,capped and marked"FAUST", found on the
intersection of the Northwest right-of-way line of 4'h Street and the Southwest right-of-
way line of Houston Avenue, for the most easterly corner of a(Called 4.017)acre tract of
land described in a deed to Port of Port Arthur Navigation District, recorded in File No.
2002048135, Official Public Records,Jefferson County,Texas;said half-inch steel rod
having coordinates of N: 13897737.94,E: 3572639.80;
THENCE, South 53 deg.,24 min.,31 sec. East, a distance of 9.92' to the POINT OF
BEGINNING and most northerly corner of the herein described tract;
THENCE, South 53 deg., 24 min., 31 sec. East, a distance of 40.00' to a point for the
most easterly corner of the herein described tract; from which a half-inch steel rod,found
on the intersection of the Southeast right-of-way line of 46 Street and the Southwest
right-of-way line of Houston Avenue, for the most northerly corner of block 146 of the
City of Port Arthur,bears South 53 deg.,24 min., 31 sec. East,a distance of 9.92';
THENCE, South 36 deg.,40 min., 51 sec. West,a distance of 210.09' to a point on the
Southwest right-of-way line of Railroad Avenue, for the most southerly corner of the
herein described tract; from which a 1/2"steel rod,capped and marked"SOUTEX", set
on the intersection of the Southwest right of way line of Railroad Avenue, and the
Southeast line of an 80' wide dedicated public right of way,known as Lakeshore Drive,
for the most easterly corner of a(Called 5.219) acre tract of land described in a deed to
The Port of Port Arthur Navigation District,recorded in Volume 1450,Page 506, Deed
Records,Jefferson County,Texas, bears South 53 deg., 18 min., 11 sec., East(Called
South 48 deg.,47 min., 00 sec.,East), a distance of 615.07';
THENCE,North 53 deg., 18 min., 11 sec. West(Called North 48 deg., 47 min., 00 sec.
West),on the Southwest right-of-way line of Railroad Avenue, a distance of 40.00' to a
point for the most westerly corner of the herein described tract; from which a 1/2"steel
rod,capped and marked"SOtJTEX", found on the intersection of the Southwest right-of-
way line of Railroad Avenue and the Northwest right-of-way line of 4th Street,being on
the East line of the(Called 4.017)acre tract, bears North 53 deg., 18 min., 11 sec. West
(Called North 48 deg., 47 min., 00 sec. West), a distance of 9.92';
THENCE,North 36 deg., 40 min., 51 sec., a distance of 210.01' to the POINT OF
BEGINNING, and containing 0.1929 acre of land,more or less.
TRACT 2
1.441 ACRES OF LAND
FOR INGRESS/EGRESS EASEMENT PURPOSES
PART OF RAILROAD AVENUE
LAKESHORE DRIVE AND HOUSTON AVENUE
CITY OF PORT ARTHUR
JEFFERSON COUNTY,TEXAS
BEING 1.441 acres of land, for ingress/egress easement purposes, part of Railroad
Avenue, Lakeshore Drive,and Houston Avenue, City of Port Arthur, recorded in Volume
1, Page 50,Map Records,Jefferson County, Texas; said 1.441 acre tract being more fully
described by metes and bounds as follows,to wit:
Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate
System of 1983, South Central Zone, US Survey Feet, and are referenced to SmartNet,
North America.
COMMENCING at a %2" steel rod found on the intersection of the Southeast line of an
80' wide dedicated public right of way, known as Fourth Street, and the Northeast line of
a 100' wide dedicated public right of way, known as Houston Avenue, for the most
westerly corner of the South 120' of Lot 7, Block 147, City of Port Arthur; said 1/2"steel
rod having Coordinates of N: 13897770.56, E: 3572763.63; from which a 1/2" steel rod,
found on the intersection of the Southeast right of way line of 4th Street, and the Southwest
line of a 70' wide dedicated public right of way,known as Dallas Avenue, bears North 36
deg., 39 min., 36 sec., East (Called North 41 deg., 13 min., 00 sec., East), a distance of
669.98' (Called 670.00');
THENCE, South 36 deg., 39 min., 36 sec., West, a distance of 15.02' to the POINT OF
BEGINNING,and most northerly corner of the herein described tract;
THENCE,South 53 deg.,20 min.,37 sec.,East,a distance of 530.16' to a point for corner;
THENCE,North 36 deg., 39 min., 23 sec.,East, a distance of 15.02' to a point for corner
on the Northeast right-of-way line of Houston Avenue;
THENCE, South 53 deg., 20 min., 37 sec. East (Called South 48 deg., 47 min., 00 sec.
East),on the Northeast right-of-way line of Houston Avenue,a distance of 80.00'to a point
for the most southerly corner of a (Called 0.947) acre tract of land, known as Tract 1,
described in an easement for drainage pump station and outfall facilities to Jefferson
County Drainage District No. 7, recorded in Volume 1784, Page 27, Deed Records,
Jefferson County,Texas;
THENCE,South 36 deg.,41 min.,05 sec. West,a distance of 37.52' to a point for corner;
THENCE,South 53 deg.,20 min.,37 sec. East,a distance of 169.50' to a point for corner;
THENCE,North 36 deg., 39 min., 23 sec. East, a distance of 37.51' to a point for corner
on the Northeast right-of-way line of Houston Avenue;
THENCE, South 53 deg., 20 min., 37 sec. East (Called South 48 deg., 47 min., 00 sec.
East), on the Northeast right-of-way line of Houston Avenue,at 31.32'passing a 1/2"steel
rod, capped and marked "SOUTEX", found for the most southerly corner of a (Called
2.019)acre tract of land described in a deed to The Port of Port Arthur Navigation District,
recorded in File No. 2013015730, Official Public Records, Jefferson County, Texas, and
continuing a total distance of 51.79' to a 1/2" steel rod, capped and marked "SOUTEX",
set for the most easterly corner of the herein described tract;;
THENCE South 35 deg., 53 min., 02 sec., West, crossing Houston Avenue, a distance of
100.44' to a MAG nail, set on the Southwest right of way line of Houston Avenue,for the
most northerly corner of a (Called 0.120) acre tract of land, known as Tract 136-C,
described in an easement for the Port Arthur Hurricane Flood Protection Project to
Jefferson County Drainage District No. 7,recorded in Volume 1784,Pg.32,Deed Records,
Jefferson County, Texas; from which a 1/2" steel rod, capped and marked "FAUST",
found for the most northerly corner of a (Called 1.932) acre tract of land described in a
deed to JBS Packing Company, Inc., recorded in File No. 2007045488, Official Public
Records, Jefferson County, Texas, bears South 53 deg., 20 min., 16 sec., East, a distance
of 10.54';
THENCE,North 53 deg., 20 min., 16 sec., West(Called North 48 deg., 47 min., 00 sec.,
West), on the Southwest right of way line of Houston Avenue, a distance of 20.16' to a
point for the most northerly corner of a (Called 0.2512) acre tract, known as Tract II,
described in an easement to JBS Packing Company,Inc.,recorded in File No.2007045488,
Official Public Records, Jefferson County,Texas; from which a 1/2"steel rod,capped and
marked"SOUTEX", set on the intersection of the Southwest right of way line of Houston
Avenue, and the Southeast line of an 80' wide dedicated public right of way, known as
Lakeshore Drive, bears North 53 deg., 20 min., 16 sec., West (Called North 48 deg., 47
min., 00 sec., West),a distance of 227.74';
I
THENCE, North 36 deg., 37 min., 57 sec. East,a distance of 2.94' to a point for corner;
THENCE, on the arc of a curve to the left, having a radius of 25.00', an arc distance of
39.26',a chord bearing of North 08 deg.,21 min., 20 sec. West,a chord distance of 35.35'
to a point for corner;
THENCE,North 53 deg.,20 min.,37 sec.West,a distance of 222.76'to a point for corner;
THENCE,South 36 deg.,36 min.,56 sec.,West,a distance of 238.04'to a point for corner
on the Southwest right-of-way line of Railroad Avenue; from which a 1/2" steel rod,
capped and marked"SOUTEX",set on the intersection of the Southwest right of way line
of Railroad Avenue, and the Southeast right-of-way line of Lakeshore Drive, for the most
easterly corner of a(Called 5.219)acre tract of land described in a deed to The Port of Port
Arthur Navigation District, recorded in Volume 1450, Page 506, Deed Records, Jefferson
County,Texas, bears South 53 deg., 18 min., 11 sec., East(Called South 48 deg., 47 min., I(
00 sec., East), a distance of 20.00';
THENCE,North 53 deg., 18 min., 11 sec., West(Called North 48 deg., 47 min., 00 sec.,
West), on the Southwest right of way line of Railroad Avenue, a distance of 40.00' to a
point for corner; from which a 1/2" steel rod, capped and marked "SOUTEX", found on
the Southeast line of a(Called 4.017) acre tract of land described in a deed to the Port of
Port Arthur Navigation District,recorded in File No.2002048135,Official Public Records,
Jefferson County,Texas,and the intersection of the Southwest right of way line of Railroad
Avenue and the Northwest right of way line of Fourth Street, bears North 53 deg., 18 min.,
11 sec.,West(Called North 48 deg., 47 min., 00 sec., West), a distance of 604.99';
THENCE,North 36 deg.,36 min.,56 sec.,East,a distance of 225.50' to a point for corner;
THENCE,North 53 deg.,20 min.,37 sec.,West,a distance of 524.88'to a point for corner;
from which a 1/2" steel rod, capped and marked "SOUTEX", set on the Southwest right-
of-way line of Houston Avenue and the Northeast line of Block 146, bears South 36 deg.,
39 min.,36 sec. West,a distance of 15.02';
THENCE, North 36 deg., 39 min., 36 sec., East, a distance of 70.00' to the POINT OF
BEGINNING and containing 1.441 acres of land,more or Iess.
This description is based on the Land Survey made under the direct supervision of Randall
Alvey Creel, Registered Professional Land Surveyor No. 6678,on March 9,2018.
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