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Home My WebLink AboutPR 23803: TEMPORARY RIGHT OF ENTRY DACW64-9-24-5656 FOR THE US ARMY CORPS OF ENGINEERS Cal of �.. __ ort rtI; r /e_ten INTEROFFICE MEMORANDUM Date: June 6, 2024 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Calvin Matthews, P.E., Water Utilities Director RE: PR 23803 —Temporary Right of Entry DACW64-9-24-5656 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 surveys and field investigations that will help further the engineering design of the Coastal Storm Risk Management 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. 23803, 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.23803 6/06/24 cm Page 1 of 2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RIGHT OF ENTRY FOR SURVEY AND EXPLORATION AGREEMENT WITH THE U.S. ARMY CORPS OF ENGINEERS FOR TEMPORARY ACCESS TO CONDUCT SURVEY AND FIELD INVESTIGATION THAT WILL HELP FURTHER THE ENGINEERING DESIGN OF THE FLOOD MITIGATION CAMPAIGN CALLED THE SABINE PASS TO GALVESTON BAY (S2G) 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 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;and, WHEREAS, 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; and, WHEREAS, this Right-of-Entry DACW64-9-24-5656 is required to conduct survey and field investigations that will help further the engineering design of the S2G project; and, WHEREAS, the currently proposed footprint of the project may impact the City of Port Arthur. 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, PR No.23803 6/06/24 cm Page 2 of 2 THAT, the City Manager of the City of Port Arthur is hereby authorized to execute a Temporary Right of Entry for 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. 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: r? Sherri Bellard J s M. Black City Secretary I erim City Attorney APPROVED FOR ADMINISTRATION: '4"1* (.2 Ronald Bu PM Calvin Matthews, .E. City .1 ager Water Utilities Director ATTACHMENT "A" (USACE Documents) 1 I Port Arthur and Vicinity US Army Corps of Engineers Coastal Storm Risk Management Project Galveston District Port Arthur and Vicinity Coastal Storm Risk Management Project 11s sof rt Ai,hui * b i ContractOil Contr.. 0 0.5 I 2Miles cov.ne li ; lei it 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. To learn more about the Sabine Pass to Galveston Bay, Texas �, t Coastal Storm Risk Management Project, see the see the following link and QR code: https://www.swg.usace.army.mil/S2G/ CSRM Program DEPARTMENT OF THE ARMY DACW 64-9-24-5656 PID: 86769 (Internal ID: 3671_86769) RIGHT OF ENTRY FOR SURVEY AND EXPLORATION Sabine to Galveston Project, Jefferson OUT OF SW COR NLBR OF LT 14 BLK County, TX 25 PORT ACRES (Legal 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 64-9-24-5656 PID: 86769 (Internal ID: 3671_86769) 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 1 it: i- ' -. ' ..- :-' _ . - . 4 s c�yy� , SJ..C� o:.,�' Exhibit A � - PID:1867691 TCNEril..,. "M , . O ner::PT ACRES WATER DIST Legal Desc:OUT OF SW COR NLBR OF LT 14 BLK 25 PORT ACRES ft . , 4 Q Parcel Datum:NAD 1983(2011) a81I Projection:State Plane TX- SC Ii FIPS 4204(US Feet) US r n s, ran avgrem,mrn rew 6ata erp[.atreU han drllneri vru'en arA r s M k[.^asarRY,irr wMk oe ry Wrt.NfM,poh arvy dM/�1'ttMMq. QWy i>r usvlY.PMwsgrul n N Rrt ca�N pW"NY tMs raar+vr n s rce mnraee as a aromtuort b a Me ssmr w a Miles A 0 0.010.02 0.04 0.06 0.08 DACW64-9-24-5656 PID: 86769 (Internal ID: 3671_86769) EXHIBIT "B" Contact Information for Owner Name: Best Contact Phone Number: I 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: