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Home My WebLink AboutPR 12148:EASEMENT AGREEMENTPUBLZC WORKS DEPARTMENT COUNCZL ACTI'ON MEMO TO FROM SUB3ECT DATE Steve Fitzgibbons, City Manager Leslie E. McMahen, P.E., Director Of Public Works P.R. #12148 April 9, 2003 RECOMMENDATZON T recommend that the City Council approve Proposed Resolution No. 12148 that would authorize the Mayor of the City of Port Arthur to execute an easement with Entergy Gulf States, Inc. (Texas) for the purpose of providing upgraded electrical transmission service to the downtown area. BACKGROUND Over the years, electrical transmission service to the downtown area of Port Arthur had degraded due to old poles' and wiring from the Houston Avenue substation. Entergy wishes to upgrade their facilities to provide reliability for their service and to be able to handle additional loads when necessary. Entergy has proposed a new route into the downtown area, that being out of their substation, along the abandoned Lakeshore Drive right-of-way east of Houston Avenue and over to and up Dallas Avenue. This route will require a short easement across the edge of City property just east of Houston Avenue, and which is a part of the 14-acre tract of land bought from the Port of Port Arthur some years ago. This location will not interfere with any development plans by the City on this tract of land. BUDGETARY/FZSCAL EFFECT None. STAFFING/EMPLOYEE EFFECT None. SUMMARY I recommended that the City Coundl approve Proposed Resolution No. 12148 that would authorize the Mayor of the City of Port Arthur to execute an easement with Entergy Gulf States, Znc. (Texas) for the purpose of providing upgraded electrical transmission service to the downtown area. The location of this new service route partially on City property will not interfere with the City's plans for development on this property. Leslie E. McMahen, P.E. Director of Public Works file c:\cams\entergyeasement P.R. No. 12148 04/25/03 ~d RESOLUTI:ON NO. A RESOLIJT~ON AUTHOI~Z[NG THE MAYOR OF THE C:[TY OF PORT ARTHUR TO EXECUTE AN EASEMENT WZTH ENTERGY GULF STATES, [NC. (TEXAS) WHICH WOULD GRANT TO ENTERGY GULF STATES, 1'NC. AN EASEMENT ACROSS CITY PROPERTY FOR THE PURPOSE OF PROVI'D[NG OVERHEAD ELECTRTC SERVICE TO THE DOWNTOWN AREA. WHEREAS, electrical service to numerous downtown buildings, including City Hall, as provided by Entergy Gulf States, [nc. (Entergy) has deteriorated over the years due to old transmission facilities; and, WHEREAS~ it is in the City's best interest to grant to Entergy an easement across certain City property east of Houston Avenue and south of the abandoned Lakeshore Drive right-Of-way for the purpose of installing new wooden poles and new transmission wires from their Houston Avenue sub-station, in a location shown in Exhibit "A"; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CTTY OF PORT ARTHUR, TEXAS: THAT the Mayor of the City of Port Arthur be and he is hereby authorized to execute on behalf of the City of Port Arthur an easement in favor of Entergy for the purpose of providing new electrical transmission facilities to the downtown area, as set out in Exhibit"A" attached hereto and made part hereof; and, THAT the instrument will include the following: (a) Entergy will only have an easement to place their electrical poles and lines. P.A. No. 12148 ~ Page #2 (b) The City retains all other rights to the land. (c) The term of the easement shall be 20 years and can be renewed at the mutual agreement of the parties. (d) The agreement is subject to the terms of the Entergy (Gulf States) franchise agreement with the City of Port Arthur; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of at a Ayes: Mayor: the City Council. READ, ADOPTED AND APPROVED this the day of , A.D. 2003 meeting of the City of Port Arthur, Texas by the following vote: CounciJmembers: Noes: Attest: Mayor City Secretary P.R. No. 12148 Page #3 APPROVED AS TO FORM: City Attorney APPROVED FOR ADMINISTRATION: Steve Fitzgibbons City Manager Leslie E. McMahen, P.E. Director of Public Works fie c:\res\entergy easement STATE OF TEXAS COUNTY OF JEFFERSON Exhibit "A" P.R. No. 12148 Line/Proj ec~ Identification: WR 80012543317 lof3 RIGHT-OF-WAY INSTRUMENT ENTERGY GULF STATES, INC. (TEXAS) KNOW ALL MEN BY THESE PRESENTS THAT: THE CITY OF PORT ARTHUR, hereinafter referred to as, Grantor(s), acting individually, and for, and on behalf of, my/our heirs, 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 Gulf States, h~c., and its successors and assigns (collectively "Grantee"), a right-of-way, servitude and easement 20 feet in width for the location, construction, reconstruction, improvements, repairs, operation, inspection, patrol, replacement, maintenance of electric power and communication facilities, or the removal thereof, now or in the future, including, but not necessarily thnited to, poles, cross arms, insulators, wires, cables, conduits, hardware, transformers, switches, guy wires, anchors and other equipment, structures, material and appurtenances, now or heruaftar 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 described as follows, tu-wit: Being a 20-foot wide easement out of that certain 14.060 acre tract of land owned by the City of Port Arthur referred to as TRACT NO. 5, situated in the JOSEPH BUTLER SURVEY, ABSTRACT No. 9, Jefferson County, Texas, said tract being described under County Clerk's File No. 1999018318, Real Property Records of Jefferson County, Texas, the centerline of said 20-foot wide easement granted herein being more particularly described as follows: BEGINNING at a point on the East fight-of-way line of Houston Avenue, said point being located S 53 degrees 21 minutes 11 seconds W a distance of 45 feet from the northwesterly comer of the aforementioned 14.90 acre Tract No. 5, and the South line of the abandoned portion of Lakeshore Drive; THENCE, N 36 degrees 38 minutes 49 seconds E distance of a 76 feet, more or less, to an angle point; THENCE, from said angle point, N 10 degrees 08 minutes 49 seconds E for a distance of 50.5 feet, more or less, to a point located in the South line of the abandoned portion of Lakeshore Drive, said point being the end of the centerline description of the 20-foot wide tract of land described herehh said tract containing 0.06 acres of land, more or less, a drawing marked Exhibit "A" is attached hereto and made a par~ hereof. 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. Grantee shall restore Grantor's property to the condition existing prior to the beginning of any work or maintenance. The centerline of the electric power and communication lines initially constructed on this right-of-way shah be offset from the centerline of said right-of-way, as depicted on Exhibit "A". Grantee shall have the full and continuing right to clear and keep clear vegetation within or growing into said right- of-way and the further right 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. [N WITNESS WHEREOF, Grantor has executed this Right-of-Way Instrument on this day of ,200 . GRANTOR: THE CITY OF PORT ARTHUR By: Oscar G. Ortiz Its: Mayor JAMES E. BRYANT AFTERRECOKDrNG, RETURNTO: DistributionRight-of-WayDeparlment, EntergyGunSlat~,lnc., P.O. Box2951,Bcal~mont, TX 77704-2951 (Rev. 7/11/95a GSU-IX-bmt) Exhibit "A" p.R. No. 1214g 20£3 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on OSCAR G. ORTIZ as THE CITY OF PORT ARTHUR , [Grantor]. _[Date] by Mayor of Commission expires: Notary Public, State of Texas HOUSTON AVE. Exhibit "A' P.R. No. 12148 3 of 3 STA. 0+00 STA. O+76 STA. 1+12.8 STA. 1+18.5 ~ S. 53' 21' 11" W. '-~"ORTHEASTERLY R.O.W.--/ Z I