HomeMy WebLinkAboutPR 22983: TEMPORARY RIGHT OF ENTRY FOR THE U.S. ARMY CORPS OF ENGINEERS City of = of
urt rtJtter
INTEROFFICE MEMORANDUM
Date: January 12, 2023
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Calvin Matthews, P.E., Water Utilities Director
RE: PR 22983 —Temporary Right of Entry for the U.S. Army Corps of Engineers
Introduction:
The U.S. Army Corps of Engineers(USACE)in Galveston,Texas is requesting that a real estate
right-of-entry be granted to the Army Corps of Engineers, and its contractors, to enter onto the
City's property. This Right-of-Entry is required to conduct survey and field investigations that
will help further the engineering design of the S2G project.
Background:
The U.S. Army Corps of Engineers (USACE) in Galveston, Texas is currently working on a
flood mitigation campaign that extends through the upper coast of Texas, from Brazoria to
Jefferson County, called The Sabine Pass to Galveston Bay (S2G) project. The purpose of the
project is to reduce the risk of flooding,the risk to human life and property, and to help maintain
and restore the coastal natural habitat.The currently proposed footprint of the project may impact
the City of Port Arthur.
Budget Impact:
None.
Recommendation:
It is recommended that the City Council approve Proposed Resolution No. 22983, approving
temporary right of entry for the U.S. Army Corps of Engineers, as discussed/outlined above.
"Remember,we are here to serve the Citizens of Port Arthur"
PR No. 22983
01/12/23 bw
Page 1 of 2
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
RIGHT OF ENTRY AGREEMENTS WITH THE U.S. ARMY CORPS
OF ENGINEER TO ALLOW TEMPORARY ACCESS TO CITY OWNED
PROPERTIES FOR THE PURPOSE OF CONDUCTING SURVEYS AND
FIELD INVESTIGATIONS THAT WILL FURTHER ASSIST WITH THE
ENGINEERING DESIGN OF THE SABINE PASS TO GALVESTON BAY
(S2G)TEXAS COASTAL STORM RISK MANAGEMENT PROJECT
WHEREAS,the U.S.Army Corps of Engineers(USACE)in Galveston,Texas is currently
working on a flood mitigation campaign that extends through the upper coast of Texas, from
Brazoria to Jefferson County, called The Sabine Pass to Galveston Bay(S2G)project; and,
WHEREAS,the purpose of this project is to reduce economic damages,reduce the risk to
human life and critical infrastructure,maintain and restore coastal habitat,enhance energy security
and identify opportunities to enhance existing hurricane protection systems; and
WHEREAS, the U.S. Army Corps of Engineers (USACE) in Galveston, Texas is
requesting that real estate right-of-entry be granted to the Army Corps of Engineers, and its
contractors,to enter onto the City's property; and,
WHEREAS,this Right-of-Entry is required to conduct survey and field investigations that
will help further the engineering design of the S2G project; and,
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 of the City of Port Arthur is hereby authorized to execute Right
of Entry Agreements with the U.S. Army Corps of Engineers in substantially the same form as
described in Attachment"A", attached and made a part hereof; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
PR No. 22983
01/12/23 bw
Page 2 of 2
READ, ADOPTED AND APPROVED THIS day of , 2023, 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: APPROVED AS TO FORM:
Sherri Bellard Valecia Tizeno
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
441(1—
Ronald Burton Calvin Matthews,P.E.
City Manager Water Utilities Director
ATTACHMENT "A"
(USACE Documents)
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Port Arthur and Vicinity
UArmy Corps Coastal Storm Risk Management Project
off )Engineers g
Galveston District
Port Arthur and Vicinity
Coastal Storm Risk Management Project
Port Arthur
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Project Background:
The Port Arthur and Vicinity Coastal Storm Risk Management Project is a component of the Sabine Pass to Galveston Bay,
Texas Coastal Storm Risk Management and Ecosystem Restoration Project which includes project areas in Orange,
Brazoria and Jefferson Counties. The Sabine Pass to Galveston Bay project is separate from the Coastal Texas Protection
and Restoration Feasibility Study. The purpose of this project is to reduce economic damages, reduce the risk to human
life and critical infrastructure, maintain and restore coastal habitat, enhance energy security and identify opportunities to
enhance existing hurricane protection systems.
Port Arthur and Vicinity Project Information:
An existing Hurricane Flood Protection Project (HFPP) protects the Port Arthur area from coastal storm surge events coming
from the Gulf of Mexico and flooding from the Sabine River. The levee system consists of 27.8 miles of earthen embankment
and 6.6 miles of floodwall, including 3.5 miles of cantilever wall. The recommended plan consist of improving or replacing
portions of the existing system of levees, floodwalls and closure system. In addition, a new section of levee will be constructed on
the northeastern end of the system measuring 1,830 feet long. The majority of the proposed work will be within the existing HFPP
right-of-way.
❑•
ui:c.M4
To learn more about the Sabine Pass to Galveston Bay, Texas 7.I;
Coastal Storm Risk Management Project, see the see the following f
link and QR code: ;k-♦' ■Q
https://www.swg.usace.army.mil/S2G/
CSRM Program
DEPARTMENT OF THE ARMY
DACW 64-9-23-5930
PID: 72820 (Internal ID:367672820)
RIGHT OF ENTRY FOR SURVEY AND EXPLORATION
Sabine to Galveston Project, Jefferson LT 3 BLK 1 RANGE D PALCO
County,TX (Lega I Descript ion)
The undersigned, hereinafter called the "Owner," hereby grants to the UNITED STATES OF
AMERICA,hereinafter called the"Government,"a right-of-entry upon the following terms and conditions:
1. The Owner hereby grants to the Government an irrevocable right to enter upon the lands
hereinafter described at any time within a period of twelve(11)months from the date of this instrument,in
order to survey, make test borings, and carry out such other exploratory work as may be necessary to
complete the investigation being made of said lands by the Government.
2. This right-of-entry includes the right of ingress and egress on other lands of the Owner not
described below,provided such ingress and egress is necessary and not otherwise conveniently available to
the Government.
3. All tools, equipment, and other property taken upon or placed upon the land by the Government
shall remain the property of the Government and may be removed by the Government at any time within a
reasonable period after the expiration of this right-of-entry.
4. If any action of the Government's employees or agents in the exercise of this right-of-way results
in damage to the real property,the Government will,at its option,either repair such damage or make an
appropriate settlement with the owner. In no event shall such repair or settlement exceed the fair market
value of the fee interest of the real property at the time immediately preceding such damage. The
Government's liability under this clause may not exceed appropriations available for such payment and
nothing contained in this agreement may be considered as implying that Congress will at a later date
appropriate funds sufficient to meet deficiencies. The provisions of this clause are without prejudice to any
rights the Owner may have to make a claim under applicable laws for any other damages than provided
herein.
5. The land affected by this right-of-entry is located in the State of Texas County of Jefferson,and
is shown in Exhibit"A".
6.All persons entering the land on behalf of the Government shall comply with the terms of Exhibit
"B" attached hereto and incorporated herein for all purposes.
[signatures contained on next page]
DACW 64-9-23-5930
PID: 72820 (Internal ID:3676_72820)
WITNESSES MY HAND AND SEAL this day of , 202_.
UNITED STATES OF AMERICA
BY
Owner Name: Timothy J.Nelson
Contracting Officer,Real Estate Division
Galveston District
U.S.Army Corps of Engineers
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DACW64-9-23-5930
PID: 72820 (Internal ID: 3676_72820)
EXHIBIT "B"
Contact Information for Owner
Name:
Best Contact Phone Number:
Alternate Phone Number (if applicable):
E-mail Address:
Preferred Mailing Address (if different than property address):
City: State: Zip:
Additional rules for all persons entering the Land or Adjacent Land on behalf of
Government:
DEPARTMENT OF THE ARMY
DACW 64-9-23-5926
PID: 72813 (Internal ID:3695_72813)
RIGHT OF ENTRY FOR SURVEY AND EXPLORATION
Sabine to Galveston Project, Jefferson LT 1 BLK 1 RANGE D PALCO
County,TX (Lega 1 Descript ion)
The undersigned, hereinafter called the "Owner,"hereby grants to the UNITED STATES OF
AMERICA,hereinafter called the"Government,"a right-of-entry upon the following terms and conditions:
1. The Owner hereby grants to the Government an irrevocable right to enter upon the lands
hereinafter described at any time within a period of twelve(12)months from the date of this instrument,in
order to survey, make test borings, and carry out such other exploratory work as may be necessary to
complete the investigation being made of said lands by the Government.
2. This right-of-entry includes the right of ingress and egress on other lands of the Owner not
described below,provided such ingress and egress is necessary and not otherwise conveniently available to
the Government.
3.All tools,equipment,and other property taken upon or placed upon the land by the Government
shall remain the property of the Government and may be removed by the Government at any time within a
reasonable period after the expiration of this right-of-entry.
4. If any action of the Government's employees or agents in the exercise of this right-of-way results
in damage to the real property,the Government will,at its option,either repair such damage or make an
appropriate settlement with the owner. In no event shall such repair or settlement exceed the fair market
value of the fee interest of the real property at the time immediately preceding such damage. The
Government's liability under this clause may not exceed appropriations available for such payment and
nothing contained in this agreement may be considered as implying that Congress will at a later date
appropriate funds sufficient to meet deficiencies. The provisions of this clause are without prejudice to any
rights the Owner may have to make a claim under applicable laws for any other damages than provided
herein.
5. The land affected by this right-of-entry is located in the State of Texas County of Jefferson,and
is shown in Exhibit"A".
6.All persons entering the land on behalf of the Government shall comply with the terms of Exhibit
"B" attached hereto and incorporated herein for all purposes.
[signatures contained on next page]
•
DACW 64-9-23-5926
PID: 72813 (Internal ID:3695_72813)
WITNESSES MY HAND AND SEAL this day of , 202_.
UNITED STATES OF AMERICA
BY
Owner Name: Timothy J.Nelson
Contracting Officer,Real Estate Division
Galveston District
U.S.Army Corps of Engineers
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DACW64-9-23-5926
P I D: 72813 (Internal ID: 3695_72813)
EXHIBIT "B"
Contact Information for Owner
Name:
Best Contact Phone Number:
Alternate Phone Number (if applicable):
E-mail Address:
Preferred Mailing Address (if different than property address):
City: State: Zip:
Additional rules for all persons entering the Land or Adjacent Land on behalf of
Government:
DEPARTMENT OF THE ARMY
DACW 64-9-23-5929
PID: 72819(Internal ID:3697_72819)
RIGHT OF ENTRY FOR SURVEY AND EXPLORATION
Sabine to Galveston Project, Jefferson LT 2 BLK 1 RANGE D PALCO
County,TX (LegalDescription)
The undersigned, hereinafter called the "Owner,"hereby grants to the UNITED STATES OF
AMERICA,hereinafter called the"Government,"a right-of-entry upon the following terms and conditions:
1. The Owner hereby grants to the Government an irrevocable right to enter upon the lands
hereinafter described at any time within a period of twelve(12)months from the date of this instrument,in
order to survey, make test borings, and carry out such other exploratory work as may be necessary to
complete the investigation being made of said lands by the Government.
2. This right-of-entry includes the right of ingress and egress on other lands of the Owner not
described below,provided such ingress and egress is necessary and not otherwise conveniently available to
the Government.
3.All tools,equipment,and other property taken upon or placed upon the land by the Government
shall remain the property of the Government and may be removed by the Government at any time within a
reasonable period after the expiration of this right-of-entry.
4. If any action of the Government's employees or agents in the exercise of this right-of-way results
in damage to the real property,the Government will,at its option,either repair such damage or make an
appropriate settlement with the owner. In no event shall such repair or settlement exceed the fair market
value of the fee interest of the real property at the time immediately preceding such damage. The
Government's liability under this clause may not exceed appropriations available for such payment and
nothing contained in this agreement may be considered as implying that Congress will at a later date
appropriate funds sufficient to meet deficiencies. The provisions of this clause are without prejudice to any
rights the Owner may have to make a claim under applicable laws for any other damages than provided
herein.
5. The land affected by this right-of-entry is located in the State of Texas County of Jefferson,and
is shown in Exhibit"A".
6.All persons entering the land on behalf of the Government shall comply with the terms of Exhibit
"B"attached hereto and incorporated herein for all purposes.
[signatures contained on next page]
DACW 64-9-23-5929
PID: 72819(Internal ID:3697 72819)
WITNESSES MY HAND AND SEAL this day of , 202_.
UNITED STATES OF AMERICA
BY
Owner Name: Timothy J.Nelson
Contracting Officer,Real Estate Division
Galveston District
U.S.Army Corps of Engineers
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DACW64-9-23-5929
P I D: 72819 (Internal ID: 3697_72819)
EXHIBIT "B"
Contact Information for Owner
Name:
Best Contact Phone Number:
Alternate Phone Number (if applicable):
E-mail Address:
Preferred Mailing Address (if different than property address):
City: State: Zip:
Additional rules for all persons entering the Land or Adjacent Land on behalf of
Government:
DEPARTMENT OF THE ARMY
DACW 64-9-23-6074
PID: 398555 (Internal ID:3779_398555)
RIGHT OF ENTRY FOR SURVEY AND EXPLORATION
Sabine to Galveston Project, Jefferson LT 1
County,TX HUGHEN PARK 1.334AC
(Lega 1 Descript ion)
The undersigned, hereinafter called the "Owner,"hereby grants to the UNITED STATES OF
AMERICA,hereinafter called the"Government,"a right-of-entry upon the following terms and conditions:
1. The Owner hereby grants to the Government an irrevocable right to enter upon the lands
hereinafter described at any time within a period of twelve(12)months from the date of this instrument,in
order to survey, make test borings, and carry out such other exploratory work as may be necessary to
complete the investigation being made of said lands by the Government.
2. This right-of-entry includes the right of ingress and egress on other lands of the Owner not
described below,provided such ingress and egress is necessary and not otherwise conveniently available to
the Government.
3. All tools,equipment,and other property taken upon or placed upon the land by the Government
shall remain the property of the Government and may be removed by the Government at any time within a
reasonable period after the expiration of this right-of-entry.
4. If any action of the Government's employees or agents in the exercise of this right-of-way results
in damage to the real property,the Government will,at its option,either repair such damage or make an
appropriate settlement with the owner. In no event shall such repair or settlement exceed the fair market
value of the fee interest of the real property at the time immediately preceding such damage. The
Government's liability under this clause may not exceed appropriations available for such payment and
nothing contained in this agreement may be considered as implying that Congress will at a later date
appropriate funds sufficient to meet deficiencies. The provisions of this clause are without prejudice to any
rights the Owner may have to make a claim under applicable laws for any other damages than provided
herein.
5. The land affected by this right-of-entry is located in the State of Texas County of Jefferson,and
is shown in Exhibit"A".
6.All persons entering the land on behalf of the Government shall comply with the terms of Exhibit
"B"attached hereto and incorporated herein for all purposes.
[signatures contained on next page]
DACW 64-9-23-6074
PID: 398555 (Internal ID:3779_398555)
WITNESSES MY HAND AND SEAL this day of , 202_.
UNITED STATES OF AMERICA
BY
Owner Name: Timothy J.Nelson
Contracting Officer,Real Estate Division
Galveston District
U.S.Army Corps of Engineers
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DACW64-9-23-6074
P I D: 398555 (Internal ID: 3779_398555)
EXHIBIT "B"
Contact Information for Owner
Name:
Best Contact Phone Number:
Alternate Phone Number (if applicable):
E-mail Address:
Preferred Mailing Address (if different than property address):
City: State: Zip:
Additional rules for all persons entering the Land or Adjacent Land on behalf of
Government:
DEPARTMENT OF THE ARMY
DACW 64-9-23-6075
PID: 398575 (Internal ID:3970 398575)
RIGHT OF ENTRY FOR SURVEY AND EXPLORATION
Sabine to Galveston Project, Jefferson LT 1 15.240AC
County,TX ROSE HILL PARK
(Lega 1 Description)
The undersigned, hereinafter called the "Owner,"hereby grants to the UNITED STATES OF
AMERICA,hereinafter called the"Government,"a right-of-entry upon the following terms and conditions:
1. The Owner hereby grants to the Government an irrevocable right to enter upon the lands
hereinafter described at any time within a period of twelve(12)months from the date of this instrument,in
order to survey, make test borings, and carry out such other exploratory work as may be necessary to
complete the investigation being made of said lands by the Government.
2. This right-of-entry includes the right of ingress and egress on other lands of the Owner not
described below,provided such ingress and egress is necessary and not otherwise conveniently available to
the Government.
3. All tools,equipment,and other property taken upon or placed upon the land by the Government
shall remain the property of the Government and may be removed by the Government at any time within a
reasonable period after the expiration of this right-of-entry.
4. If any action of the Government's employees or agents in the exercise of this right-of-way results
in damage to the real property,the Government will,at its option,either repair such damage or make an
appropriate settlement with the owner. In no event shall such repair or settlement exceed the fair market
value of the fee interest of the real property at the time immediately preceding such damage. The
Government's liability under this clause may not exceed appropriations available for such payment and
nothing contained in this agreement may be considered as implying that Congress will at a later date
appropriate funds sufficient to meet deficiencies. The provisions of this clause are without prejudice to any
rights the Owner may have to make a claim under applicable laws for any other damages than provided
herein.
5. The land affected by this right-of-entry is located in the State of Texas County of Jefferson,and
is shown in Exhibit"A".
6.All persons entering the land on behalf of the Government shall comply with the terms of Exhibit
"B"attached hereto and incorporated herein for all purposes.
[signatures contained on next page]
DACW 64-9-23-6075
PID: 398575 (Internal ID: 3970_398575)
WITNESSES MY HAND AND SEAL this day of , 202_.
UNITED STATES OF AMERICA
BY
Owner Name: Timothy J.Nelson
Contracting Officer,Real Estate Division
Galveston District
U.S.Army Corps of Engineers
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DACW64-9-23-6075
P I D: 398575 (Internal ID: 3970_398575)
EXHIBIT "B"
Contact Information for Owner
Name:
Best Contact Phone Number:
Alternate Phone Number (if applicable):
E-mail Address:
Preferred Mailing Address (if different than property address):
City: State: Zip:
Additional rules for all persons entering the Land or Adjacent Land on behalf of
Government:
Descriptions of Survey and Field Investigations
Surveys — Planimetric, Boundary, Utility, and Bathymetric
Planimetric and topographic surveys will include measuring positions and elevations of the
natural ground and of the existing structures in relation to the Sabine Pass to Galveston Bay
Project. This will be completed using light detection and ranging (LiDAR), total stationing, and a
global positioning system with real-time kinematic. Expected equipment for completion of this
work will be a survey crew with their handheld surveying equipment and personnel
transportation (atv/truck).
Metes and bounds surveys will include identifying corners and tracing boundaries for the entire
parcel. It may also include identifying structures, utilities, and rights-of-way. Government will
monument the right of way for the Sabine Pass to Galveston Bay Project. Monuments will be a
5/8" reinforcing rod or pipe with an aluminum or bronze cap. This will be completed using total
stationing and a global positioning system with real-time kinematic. Expected equipment for
completion of this work will be a survey crew with their handheld surveying equipment and
personnel transportation (atv/truck).
Utility surveys will include photographing and measuring the position of surface features.
Government will identify subsurface utilities and confirm utility location and depth using
magnetometers and ground penetrating radar (GPR). Expected equipment for completion of this
work will be a survey crew with their handheld surveying equipment, GPR equipment, and
personnel transportation (atv/truck).
Bathymetric surveys will include shallow and deep water multibeam sounding methods, single
point sounding methods, and lead line measurements. All bathymetric survey data shall be
collected using a multibeam system to the greatest extent possible, however, should site
conditions prevent this single beam data and lead line measurement collection methods will be
utilized. Expected equipment for completion of this work will be a survey crew using a traditional
or unmanned survey vessel to collect multibeam or single acoustic data.
Geotechnical Investigations— Core Borings and Cone Penetration Tests
Core borings are required to determine the strength of levee that can be built for protection
against hurricanes. Core borings can be drilled up to depths of 80 feet. This process collects soil
for laboratory soil classification and strength testing. All bore holes will be backfilled upon
completion of the boring. Soil boring locations can be relocated if there are conflicts with the
surrounding structures or environment. Expected equipment for completion of this work will be a
crew with their handheld equipment, personnel transportation (atv/truck), and specialized drilling
rig/truck.
Cone penetration tests (CPT) aid in the geotechnical analysis in place of core borings by
recording surface friction, water pressure, and soil hardness data. It also allows for testing up to
80 feet in depth. CPT locations can be relocated if there are conflicts with the surrounding
structures or environment. Expected equipment for completion of this work will be a crew with
their handheld equipment, personnel transportation (atv/truck), and specialized CPT truck.
[continued on next page]
Cultural Investigations
The US Army Corps of Engineers is required under the National Historic Preservation Act of
1966, as amended, to identify and inventory all historic properties within the Sabine Pass to
Galveston Bay Project. Field investigations will focus on identifying the nature of each
inventoried resource including, but not limited to, integrity, archeological or historical context,
content, and distribution. Investigations may include subsurface testing. Expected equipment for
completion of this work will be a crew with their handheld equipment including, but not limited to,
cameras, global positioning system (GPS) units, shovels, and in the case of areas within or near
the floodplain, backhoes. Limited hand excavations involve 12 to 20 inch (30 to 50 cm) wide
holes excavated to a depth of around three feet (one meter), approximately every 100 feet (30
meters) in a grid pattern within the project footprint. Mechanical trenching and scraping creates
trenches approximately 10 to 15 feet (3 to 5 meters) wide and 6 to 15 feet (2 to 5 meters) deep.
The discovery of culturally significant artifacts may require additional subsurface investigations
within the project area. Any identified artifacts will be analyzed in the field and returned as close
to their original location as practicable. Any excavations that are conducted will be backfilled,
and the surface will be returned as closely as practicable to its original state.
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