HomeMy WebLinkAboutPR 22442: UTILITY EASEMENT FROM THE PORT OF PORT ARTHUR NAVIGATION DISTRICT, HOUSTON AVENUE AND 4TH STREET P.R. No. 22442
03/16/22 ht
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A UTILITY
EASEMENT FROM THE PORT OF PORT ARTHUR NAVIGATION DISTRICT
FOR THE PURPOSE OF CONSTRUCTION, INSTALLATION, LAYING,
AND/OR MAINTAINING OF UTILITIES ON A 1.425 ACRE PORTION OF
PROPERTY LOCATED AT HOUSTON AVENUE AND 4TH STREET
WHEREAS, pursuant to Ordinance No. 21-24, the City of Port Arthur closed, abandoned
vacated and conveyed a 1.425-acre portion of improved dedicated public right of way known as
Houston Avenue and 4th 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 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
property owner, Port of Port Arthur Navigation District for the purpose of construction,
installation, laying and/or maintenance of utilities under, through, and across a portion of their
property in the City.
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 accept and execute a Utility Easement
from the Port of Port Arthur Navigation District, in substantially the same form as delineated in
Exhibit "A", attached and made a part hereof; and
THAT, said 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.
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:
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/1/61/1
Valecia Tizen
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton,
City Manager
2i4/
Calvin Matthews,
Director of Utilities Operation
Flozelle belts,
Direct r f Public rks
EXHIBIT "A"
(Utility 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 TEN and 00/100
DOLLARS ($10.00) 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 THE CITY
OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, its successors and assigns, collectively
"GRANTEE", a right-of-way, servitude and easement at such widths indicated as "Utility Easement"
(UE) as set forth on Exhibit "A" attached hereto and incorporated herein ("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 1.425 acre tract of land situated in Jefferson County, Texas, and
being more particularly described on Exhibit"A" attached hereto and incorporated herein.
The rights granted herein shall include 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.
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.
In no instance shall any of the individual Grantees herein construct, relocate or modify its facilities
such that adequate clearances as prescribed by the National Electric Safety Code, the Occupational
Health and Safety Act, the Texas Health and Safety Code and other applicable federal, state or local
laws, rules, ordinances or requirements, including each individual Grantee standards and
specifications are violated or access to any other Grantee facilities are affected.
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
, 2022.
GRANTOR:
THE PORT OF PORT ARTHUR NAVIGATION DISTRICT OF JEFFERSON COUNTY, TEXAS
By:
Name Printed: Larry A. Kelley, Jr.
Title: Executive Port Director/CEO
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me 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.
Notary Public, State of Texas
Commission expires:
-2-
GRANTEE:
CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS
By:
Name Printed:
Title:
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me 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
Commission expires:
Return to: Moore Landrey, LLP
ATTENTION: ELIZABETH MCKIM BROUSSARD
905 ORLEANS ST.
BEAUMONT,TEXAS 77701
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_ TBPE Firm No.F-5755
204, TBPLS Firm No. 10/23800
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Port Arthur,Texas 77642
SURVEYORS&ENGINEERS , ~ Office(409)983.2004
�fax(409)983.2005
1.425 ACRES OF LAND
FOR STREET RIGHT-OF-WAY ABANDONMENT
PORTION OF HOUSTON AVENUE & 4TH STREET
CITY OF PORT ARTHUR
JEFFERSON COUNTY,TEXAS
BEING 1.425 acres of land out of and a part of Houston Avenue 100' wide right-of-way and 4th
Street 80' wide right-of-way, City of Port Arthur recorded in Volume 1, Page 50, Map Records,
Jefferson County, Texas; said 1.425 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 an "X" mark found in concrete on the intersection of the Northeast right-of-
way line of said Houston Avenue and the Southeast right-of-way line of a dedicated road named
Procter Street; said "X" mark being the most Westerly corner of a tract of land described in a
deed to Port of Port Arthur Navigation District, recorded in File No. 2020010821, Official Public
Records, Jefferson County, Texas and being the most Westerly Northwest corner of the herein
described tract, having a Texas Coordinate of N: 13897997.47, E: 3572458.74;
THENCE, South 53 deg., 19 min., 26 sec., East, (Called South 48 deg., 47 min., 00 sec., East)
on the Northeast right-of-way line of said Houston Avenue same being the Southwest line of said
Port of Port Arthur Navigation District tract, a distance of 300.00' to a point for corner, being on
the intersection of the Northeast right-of-way line of said Houston Avenue and the Northwest
right-of-way line of said 4th Street, said point for corner being the most Southerly corner of said
Port of Port Arthur Navigation District tract and being an interior corner of the herein described
tract;
THENCE, North 36 deg., 35 min., 44 sec., East, (Called North 41 deg., 13 min., 00 sec., East)
on the Northwest right-of-way line of said 4th Street, same being the Southeast line of said Port
of Port Arthur Navigation District tract, a distance of 300.15' (Called 300.00') to a Y2" steel rod
found on the intersection of the Northwest right-of-way line of said 4th Street and the Southwest
right-of-way line of a dedicated road named San Antonio Avenue; said 1/2" steel rod being the
most Easterly corner of said Port of Port Arthur Navigation District and most Northerly
Northeast corner of the herein described tract; from which a 3/4 steel rod found on the intersection
of the Northeast right-of-way line of said San Antonio Avenue and the Northwest right-of-way
line of said 4th Street, bears North 36 deg., 41 min., 34 sec., East (Called North 41 deg., 13 min.,
00 sec., East) a distance of 69.91' (Called 70.00');
THENCE, South 53 deg., 18 min., 28 sec., East, crossing said 4th Street, a distance of 80.41'
(Called 80.00') to point for corner on the Southeast right-of-way line of said 4th Street, same
-4-
being the Northwest line of blocks 147 and 148 of City of Port Arthur; said point for corner
being the most Easterly corner of the herein described tract, from which a '''A" steel rod, found,
bears North 36 deg., 39 min., 15 sec., East (Called North 41 deg., 13 min., 00 sec., East), a
distance of 370.10' (Called 370.00');
THENCE, South 36 deg., 39 min., 15 sec., West (Called South 41 deg., 13 min., 00 sec., West)
on the Southeast right-of-way line of said 4th Street, same being the Northwest line of said block
147 and 148, a distance of 300.10' (Called 300.00')to a %" steel rod found on the intersection of
the Southeast right-of-way line of said 4th Street and the Northeast right-of-way line of said
Houston Avenue; said ''A" steel rod being an angle point on the Southeast line of the herein
described tract;
THENCE, South 36 deg., 41 min., 20 sec., West (Called South 41 deg., 13 min., 00 sec., West)
crossing said Houston Avenue, a distance of 100.07' (Called 100.00') to a 'A" steel rod, capped
and marked "SOUTEX", found on the Southwest right-of-way line of said Houston Avenue;
said 'A" steel rod being the most Southerly corner of the herein described tract;
THENCE, North 53 deg., 19 min., 15 sec., West (Called North 48 deg., 47 min., 00 sec., West)
on the Southwest right-of-way line of said Houston Avenue, a distance of 380.03' (Called
380.00') to a point for corner on the Northeast line of a tract of land described in a deed to Port
of Port Arthur Navigation District, recorded in File No. 2020005998, Official Public Records,
Jefferson County, Texas, said point for corner being the most Westerly corner of the herein
described tract, from which a %" steel rod, capped and marked "SOUTEX", found for the
Northwest corner of a tract land described in a deed to Port of Port Arthur Navigation District,
recorded in File No. 2019012768, Official Public Records, Jefferson County, Texas; bears North
53 deg., 19 min., 15 sec., West (Called North 48 deg., 47 min., 00 sec., West) a distance of
221.35';
THENCE, North 36 deg., 38 min., 44 sec., East, crossing said Houston Avenue, a distance of
100.02' (Called 100.00') to the POINT OF BEGINNING and containing 1.425 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-A
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