HomeMy WebLinkAboutPR 22443: UTILITY EASEMENT FROM THE PORT OF PORT ARTHUR NAVIGATION DISTRICT, RAILROAD AVENUE AND 5TH STREET P.R. No. 22443
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 1.351 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 1.351-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 Bartle,
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
*-61----‘
(VA/ j
Valecia Tizeno
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton,
ii/f)fiati
City Manager
dil
Calvin Matthews,
Director of Utilities Operation
Flozell oberts,
Direct of Public ks
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 1.351 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) or gates 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
-3-
-1 TBPE Firm No. F-5755
a- TBPLS Firm No.10123800
LA EF.0005711
• -� 3737 Dm4j \ O — Port Arthur,Texas 77642
SURVEYORS&ENGINEERS Office (409) 983.2004
Fax(409) 983.2005
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 'A" 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 '/2" 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
-4-
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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PRAETORS NOTES:
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SUM,rEE1 NA ARE REAREAE*TO a.wnIt NOYM APPAL
Loner•.ems LOCATE PENNONS ALA SNo.NMMKNTS T avnr ewl 1.351 ACRESCRCS LAND
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T•L 409.983.2004
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