HomeMy WebLinkAboutPR 20290: ACCEPTING A UTILITY EASEMENT FROM THE PORT OF PORT ARTHUR NAVIGATION DISTRICT P.R. No. 20290
05/31/18 ht
RESOLUTION NO.
A RESOLUTION ACCEPTING A UTILITY EASEMENT 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 a utility easement 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 Utility Easement 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 Utility Easement 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 Utility 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.
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:
Vg7{ 49"
l
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)
EXHIBIT "A"
(Easement)
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED
FOR RECORDING IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE NUMBER.
STATE OF TEXAS
COUNTY OF JEFFERSON
RIGHT-OF-WAY INSTRUMENT-UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS THAT: The Port of Port Arthur Navigation District of
Jefferson County, Texas acting individually,and for,and on behalf of, its successors,assigns and any other person
claiming the ownership to the property hereinafter described, collectively"Grantor", for and in consideration of One
Dollar, in hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,does hereby grant, assign, convey unto and warrant and defend Entergy Texas, Inc.whose address
is 60 N. 11th Beaumont, Texas. (formerly known as Entergy Gulf States, Inc.), its successors and assigns, Texas
Gas Service, whose address is , its successors and assigns, AT&T, whose address is
its successors and assigns, Time Warner Cable, whose address is , its successors and assigns,
and the City of Port Arthur, Jefferson County, Texas, whose address is , its successors and
assigns, collectively"Grantee", a right-of-way, servitude and easement at least thirty-six(36)feet in width ("Right-of-
Way") for the location, construction, reconstruction, improvements, repairs, operation, inspection, patrol,
replacement and maintenance of waterlines, gas pipelines, electric power and communication facilities, or the
removal thereof, including, but not necessarily limited to, one or more circuits, one or more lines of structures (if
used, such structures being composed of wood, metal, pvc, concrete or other materials) with lines of wires, cross
arms, insulators, wires, underground conduits, cables, conduits, hardware, transformers, switches, guy wires,
anchors, pipes and other equipment, structures, material and appurtenances, said facilities to be erected
simultaneously or at different future times, with the right to replace structures or fixtures composed of one type of
material or materials with structures or fixtures of any other type of material or materials at any time and from time to
time without further payment, now or hereafter used, useful or desired in connection therewith by Grantee over,
across, under or on that land of Grantor in the County of Jefferson, State of Texas, said facilities to be located within
the Right-of-Way except that at angle points, if any, Grantee may place guy wires, stubs, and anchors outside said
Right-of-Way in sufficient number so as to adequately brace its structures at any place where said easement strip
makes an angle, described as follows,to-wit:
Being an approximately 3.438 acre tract of land situated in Jefferson County, Texas, and being more
particularly described on Exhibit"A" attached hereto and incorporated herein
Unless otherwise herein specifically provided, the center line of the electric power and communication lines initially
constructed on this Right-of-Way shall be the center line of said Right-of-Way; together with the right of ingress and
egress to and from said Right-of-Way across the adjoining land of the Grantor and the right to attach wires and
cables of any other party to Grantee's facilities. In the event the electric power, communication, or other facilities are
relocated for any reason whatsoever, the centerline of said Right-of-Way shall be modified to reflect the relocated
center line of the electric power,communication, or other facilities.
Grantee shall have the full and continuing right, but not the obligation, to clear and keep clear vegetation within or
growing into said Right-of-Way and the further right, but not the obligation, to remove or modify from time to time
trees, limbs, and/or vegetation outside the said Right-of-Way which the Grantee considers a hazard to any of its
electric power or communications facilities or a hazard to the rendering of adequate and dependable service to
Grantor or any of Grantee's customers, by use of a variety of methods used in the vegetation management industry.
Grantor shall not construct or permit the construction of any structure, obstruction or other hazard within the said
Right-of-Way, including but not limited to, house, barn, garage, shed, pond, pool or well, excepting only Grantor's
fence(s) and Grantee's facilities. Grantor shall not construct or permit the construction of any buildings or other
structures on land adjoining said Right-of-Way in violation of the minimum clearances from the lines and facilities of
Grantee, as provided in the National Electrical Safety Code and other applicable federal, state or local laws, rules,
ordinances or requirements, including Grantee's standards and specifications.
IN WITNESS WHEREOF, Grantor has executed this Right-of-Way Instrument on this _ day of
,2018.
Ct
GRANTOR:The Port of Port Arthur Navigation District of Jefferson County,Texas
By:
Name Printed:
Title:
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on this day of , 2018 by
as of The Port of Port Arthur Navigation District
of Jefferson County,Texas.
Stamp or Notary Public, State of Texas
Seal
Commission expires:
Return to: Moore Landrey, LLP
ATTENTION:ELIZABETH MCKIM
905 ORLEANS ST.
BEAUMONT,TEXAS 77701
Space Below Reserved For County Clerk's Recording Information
•
•
-2-
EXHIBIT "A"
(Metes & Bounds description by Soutex Surveyors & Engineers, Inc.)
TBPE Firm3737D
No.F-5755
TBPLS Firm No.10123800
LA EF.0005711
�_ - octors Drive
` • r Port Arthur,Texas 77642
/ j SURVEYORS&ENGINEERS Office(409)983.2004
Fox(409)983.2005
EXHIBIT A
3.438 ACRES OF LAND
FOR UTILITY EASEMENT PURPOSES
PART OF FOURTH STREET,RAILROAD AVENUE
LAKESHORE DRIVE AND HOUSTON AVENUE
CITY OF PORT ARTHUR
JEFFERSON COUNTY,TEXAS
BEING 3.438 acres of land,for utility easement purposes,part of Fourth Street, Railroad
Avenue, Lakeshore Drive arcd Houston Avenue, City of Port Arthur, recorded in Volume
1,Page 50, Map Records,Jefferson County,Texas; said 3.438 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.
BEGINNING at a 1/2"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 Iine 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 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 810.96'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 831.43' 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 247.90' to 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;
THENCE, South 36 deg., 36 min., 56 sec., West(Called South 41 deg., 13 min., 00 sec.,
West), on the Southeast right of way line of Lakeshore Drive, a distance of 210.15' to a
1/2" steel rod, capped and marked "SOUTEX", set on the intersection of the Southeast
right of way line of Lakeshore Drive and the Southwest line of a 70' wide dedicated public
right of way, known as Railroad Avenue, 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,and the most
Southerly corner of the herein described tract;
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 664.99' (Called
665.00') to 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, for the most Westerly corner of the
herein described tract;
THENCE, North 36 deg., 40 min., 51 sec., East (Called North 41 deg., 13 min., 00 sec.,
East), on the Northwest right of way line of Fourth Street, a distance of 209.99' (Called
210.00')to a 1/2"steel rod,capped and marked"FAUST",found on the intersection of the
North right of way line of Fourth Street, and the Southwest right of way line of Houston
Avenue, for the most Easterly corner of the(Called 4.017) acre tract;
THENCE, South 53 deg., 24 min., 31 sec., East(Called South 48 deg., 47 min., 00 sec.,
East), crossing Fourth Street, a distance of 59.85' (Called 60.00')to a 1/2"steel rod found
on the intersection of the Southeast right of way line of Fourth Street, and the Southwest
right of way line of Houston Avenue, for the most Northerly corner of Block 146, City of
Port Arthur;
THENCE, South 36 deg., 40 min., 51 sec., West (Called South 41 deg., 13 min., 00 sec.,
West), on the Southeast right of way line of Fourth Street, a distance of 139.82' (Called
140.00')to a MAG spike in concrete, set on the intersection of the Southeast right of way
line of Fourth Street and the Northeast right of way line of Railroad Avenue, for the most
Westerly corner of Block 146;
THENCE, South 53 deg., 18 min., 11 sec., East (Called South 48 deg., 47 min., 00 sec.,
East),on the Northeast right of way line of Railroad Avenue, a distance of 525.07' (Called
525.00') to an "X" mark in concrete, found on the intersection of the Northeast right of
way line of Railroad Avenue,and the Northwest right of way line of Lakeshore Drive,for
the most Southerly corner of Block 146;
THENCE, North 36 deg., 36 min., 56 sec., East(Called North 41 deg., 13 min., 00 sec.,
East),on the Northwest right of way line of Lakeshore Drive,a distance of 139.82' (Called
140.00')to a 5/8"steel rod,found on the intersection of the Northwest right of way line of
Lakeshore Drive, and the Southwest right of way line of Houston Avenue, for the most
Easterly corner of Block 146, City of Port Arthur;
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 Houston Avenue, a distance of 504.89' to a
1/2"steel rod,capped and marked"SOUTEX", set for corner;
THENCE,North 36 deg., 39 min., 36 sec., East, crossing Houston Avenue, a distance of
100.04'to the POINT OF BEGINNING and containing 3.438 acres of land,more or less.
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.
City of Port Arthur
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