HomeMy WebLinkAboutPR 22441: INGRESS/EGRESS EASEMENT AGREEMENT WITH THE PORT OF PORT ARTHUR NAVIGATION DISTRICT, RAILROAD AVENUE AND 5TH STREET P.R. No. 22441
03/15/22 ht
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INGRESS/EGRESS EASEMENT AGREEMENT BETWEEN THE CITY OF PORT
ARTHUR AND THE PORT OF PORT ARTHUR NAVIGATION DISTRICT FOR
THE PURPOSE OF RETAINING PERPETUAL, NON-EXCLUSIVE ACCESS ON
A 1.351 ACRE PORTION OF PROPERTY LOCATED AT RAILROAD AVENUE
AND 5TH STREET
WHEREAS, pursuant to Ordinance No. 21-25, the City of Port Arthur closed, abandoned
vacated and conveyed a 1.425-acre portion of improved dedicated public right of way known as
Railroad Avenue and 5th Street to the Port of Port Arthur Navigation District; 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 property owner, Port of Port Arthur Navigation District, for the purpose of
construction, installation, laying and maintenance of utilities under, through, and across a
portion of their property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and
THAT, the City Manager is hereby authorized to execute and accept the Ingress/Egress
Easement from the Port of Port Arthur Navigation District, for the purpose of constructing,
installing, laying and maintaining water utilities, in substantially the same form as described in
Exhibit "A"; 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
2022, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote: AYES:
Mayor:
Councilmembers:
NOES:
Thurman Bill Bartie,
Mayor
ATTEST:
Sherri Bellard,
City Secretary
APPROVED AS TO FORM:
A
Valecia Ti. o,
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton,
City Manager
diti .4o z
r veer'
Calvin Matthews,
Director of Utilities Operation
ozel Roberts,
Dire of Public orks
EXHIBIT "A"
INGRESS/EGRESS EASEMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This Easement Agreement entered into as of , 2022 (the "Effective
Date") by and between THE PORT OF PORT ARTHUR NAVIGATION DISTRICT OF
JEFFERSON COUNTY, TEXAS ("Grantor") and JEFFERSON COUNTY DRAINAGE
DISTRICT NO. 7 ("DD7") and THE CITY OF PORT ARTHUR, JEFFERSON COUNTY,
TEXAS ("City") (hereinafter individually referred to as "Grantee" and collectively referred to
as"Grantees").
WITNESSETH:
WHEREAS, Grantor is the owner of an approximately 1.351 acre tract of land situated in
Jefferson County, Texas and being more particularly described on Exhibit "A" attached hereto
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, employees, and lessees 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. Grantor agrees to maintain said Easement Property. Any individual Grantee that
damages the Easement Property, or any improvements thereon, hereby agrees to be responsible
for repairing the same at their sole cost and expense. The Grantee responsible for the damages
shall repair it within a reasonable period of time (not to exceed thirty (30) days from the date
written notice and supporting documentation of the damages arising from each occurrence are
sent by Grantor to Grantee).
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.
13. This Agreement may be signed in multiple parts and each part shall constitute a
duplicate original.
Grantor retains for itself the right to use and enjoy the area covered by the above
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.
IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement in
duplicate originals on the date first written above.
GRANTOR:
PORT OF PORT ARTHUR NAVIGATION DISTRICT
OF JEFFERSON COUNTY, TEXAS
By:
Larry A. Kelley, Jr.
Executive Port Director/CEO
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged on this day of , 2022, by
Larry A. Kelley, Jr., the Executive Port Director/CEO of the PORT OF PORT ARTHUR
NAVIGATION DISTRICT OF JEFFERSON COUNTY, TEXAS, on behalf of said entity.
NOTARY PUBLIC, STATE OF TEXAS
GRANTEE:
JEFFERSON COUNTY DRAINAGE DISTRICT NO. 7
By:
Name Printed:
Title:
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged on this day of , 2022, by
of JEFFERSON COUNTY DRAINAGE DISTRICT NO. 7, on behalf of said entity.
NOTARY PUBLIC, STATE OF TEXAS
GRANTEE:
CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS
By:
Name Printed:
Title:
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged on this day of , 2022, by
of the CITY OF PORT ARTHUR,JEFFERSON COUNTY, TEXAS,on behalf of said entity.
NOTARY PUBLIC, STATE OF TEXAS
TBPE Firm No. F-5755
StUTEX
10123800
G .,p �' � LA EF.0005711
SURVEYORS&ENGINEERS - ~ 3737 Doctors Drive
Port Arthur. Texas
1.351 ACRES OF LAND
FOR STREET RIGHT-OF-WAY ABANDONMENT
PORTION OF RAILROAD AVENUE & 5TH STREET
CITY OF PORT ARTHUR
JEFFERSON COUNTY,TEXAS
BEING 1.351 acres of land out of and a part of Railroad Avenue 70' wide right-of-way and 5th
Street 60' wide right-of-way, City of Port Arthur, recorded in Volume 1, Page 50, Map Records,
Jefferson County, Texas; said 1.351 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 'A" steel rod found disturbed on the intersection of the Southeast right-of-way
line of said 5th Street and the Southwest right-of-way line of a dedicated road named Houston
Avenue said 'Y2" steel rod being the most Northerly corner of a 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, and being the most Easterly Northeast corner of the herein
described tract, having a Texas Coordinate of N: 13898156.01, E: 3572078.58;
THENCE, South 36 deg., 43 min., 23 sec., West, (Called South 41 deg., 13 min., 00 sec., West)
on the Northwest line of said Port of Port Arthur Navigation District tract same being the
Southeast right-of-way line of said 5th Street, a distance of 210.35' (Called 210.00')to a point for
corner on the intersection of the Southeast right-of-way line of said 5th Street and the Southwest
right-of-way line of said Railroad Avenue; said point for corner be the most Southerly corner of
the herein described tract; from which a '''A" steel rod found for the most Westerly corner of said
Port of Port Arthur Navigation District tract, bears South 36 deg., 43 min., 23 sec., West, a
distance of 35.65';
THENCE, North 53 deg., 21 min., 12 sec., West (Called North 48 deg., 47 min., 00 sec., West)
on the Southwest right-of-way line of said Railroad Avenue same being the Northeasterly line of
a Kansas City Southern Railroad Company right-of-way, recorded in Volume 544, Page 221,
Deed Records, Jefferson County, Texas, a distance of 720.10' (Called 720.00') to a point for
corner on the intersection of the Southwest right-of-way line of said Railroad Avenue and the
Southeast right-of-way line of a dedicated road named West Reverend Dr. Ransom Howard
Avenue, said point for corner being the most Westerly corner of the herein described tract;
THENCE, North 36 deg., 38 min., 40 sec., East, (Called North 41 deg., 13 min., 00 sec., East)
on the Southwest right-of-way line of said West Reverend Dr. Ransom Howard Avenue, a
distance of 70.00' to a point for corner on the intersection of the Southeast right-of-way line of
said West Reverend Dr. Ransom Howard Avenue and the Northeast right-of-way line of said
Railroad Avenue; said point for corner being the most Westerly corner of a tract of land
described in a deed to Port of Por Arthur Navigation District, recorded in File No. 2019036477,
Official Public Records, Jefferson County, Texas, from which an "X" mark found in concrete on
the intersection of the Southeast right-of-way line of said West Reverend Dr. Ransom Howard
Avenue and the Southwest right-of-way line of said Houston Avenue, same being the most
Northerly corner of said Port of Port Arthur Navigation District tract, bears North 36 deg., 38
min., 40 sec., East (Called North 41 deg., 13 min., 00 sec., East), a distance of 139.95' (Called
140.00');
THENCE, South 53 deg., 21 min., 12 sec., East(Called South 48 deg., 47 min., 00 sec., East) on
the Northeast right-of-way line of said Railroad Avenue, a distance of 659.81' (Called 660.00')
to a point for corner on the intersection of the Northeast line of said Railroad Avenue and the
Northwest right-of-way line of said 5th Street; said point for corner being the most Southerly
corner of a tract of land described in a deed to Port of Port Arthur Navigation District, recorded
in File No. 2020017091, Official Public Records, Jefferson County, Texas, and being an interior
corner of the herein described tract;
THENCE,North 36 deg.,43 min.,23 sec., East(Called North 41 deg., 13 min., 00 sec., East) on
the Northwest right-of-way line of said 5th Street, same being the Southeast line of said Port of
Port Arthur Navigation District tract 2020017091, a distance of 139.93' (Called 140.00') to an
"X" mark found in concrete on the intersection of the Northwest right-of-way line of said 5th
Street and the Southwest right-of-way line of said Houston Avenue, said "X" mark being the
most Easterly corner of said Port of Port Arthur Navigation District tract, File No. 2020017091
and being the most Northerly Northeast corner of the herein described tract;
THENCE, South 53 deg., 45 min., 23 sec., East (Called South 48 deg., 47 min., 00 sec., East)
crossing said 5th Street, a distance of 60.32' (Called 60.00') to the POINT OF BEGINNING
and containing 1.351 acres of land more or less.
This description is based on the Land Survey made under the direct supervision of Anthony M.
Leger, Registered Professional Land Surveyor No. 5481 on September 8, 2020.
Port of Port Arthur Navigation District
LS-20-0729-B
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