The URL can be used to link to this page

Home My WebLink AboutPR 23826: A RESOLUTION GRANTING AN 18' EASEMENT/RIGHT-OFWAY TO ENTERGY TEXAS, INC. City of nrt rthur f_ Jews www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES CODE COMPLIANCE-ANIMAL CONTROL DIVISION INTEROFFICE MEMORANDUM Date: June 24, 2024 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager; Pamela Langford, CPM, Assistant City Manager/Director of Development Services From: Darlene Thomas-Pierre, CPM, Code Compliance Manager Re: P.R.NO.23826—GRANTING AN 18'EASEMENT/RIGHT-OF-WAY TO ENTERGY TEXAS,INC. AT THE REAR OF 3535 GATES BOULEVARD FOR THE PURPOSE OF INSTALLING POWER FOR TEMPORARY/PERMANENT SERVICE TO THE NEW ANIMAL SERVICES CENTER SITE @ 3615 GATES BOULEVARD COMMENT Nature of the Request: Staff recommends that City Council approve P. R. No. 23826 authorizing the City Manager to execute the attached Right-of-Way Instrument granting a utility easement to Enter2v Texas,Inc.;the easement will be located at the rear of 3535 Gates Boulevard for the purpose of installing power for temporary/permanent service for the new Animal Services Center site at 3615 Gates Boulevard. Staff Analysis/Considerations: Granting this easement will facilitate the installation of power for temporary and, subsequently, permanent electrical service to the new Animal Services Center site. The power poles that served the old Saint Mary Hospital site were located along the 9th Avenue side of the property. The number of poles required for service from 9th Avenue would cause more expense to the city. The power source to the existing building at 3535 Gates Boulevard was damaged last year and is not a viable source. The 18' easement is delineated on the attached drawings. Recommendation: Staff recommends that City Council approve P. R. No. 23826 authorizing the City Manager to execute the attached Right-of-Way Instrument granting a utility easement to Enteral/Texas,Inc. Budget Consideration: There is no budgetary impact related to the granting of this easement. DTP Attachments: Right-of-Way Instrument/Drawings P.R.NO.23826 06/24/24 DTP RESOLUTION NO. A RESOLUTION GRANTING AN 18' EASEMENT/RIGHT-OF- WAY TO ENTERGY TEXAS, INC. AT THE REAR OF 3535 GATES BOULEVARD FOR THE PURPOSE OF INSTALLING POWER FOR TEMPORARY/PERMANENT SERVICE TO THE NEW ANIMAL SERVICES CENTER SITE @ 3615 GATES BOULEVARD WHEREAS, Entergy Texas, Inc. requires an 18' easement to install power at the rear of 3535 Gates Boulevard to facilitate installing temporary/permanent power to the Animal Services Center construction site at 3615 Gates Boulevard; and, WHEREAS,the proposed easement will be located at the rear of 3535 Gates Boulevard as described in the Right-of-Way Instrument attached hereto as Exhibit"A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: Section 1. THAT the facts and opinions in the preamble are true and correct; and, Section 2. THAT the City Council approves the granting to Entergy Texas, Inc. an easement located at the rear of 3535 Gates Boulevard in substantially the same form as attached hereto as Exhibit"A"; and, Section 3. THAT the City Manager is hereby authorized to execute the Right-of-Way Instrument on behalf of the City of Port Arthur;and, Section 4. THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this the 2°d day of July,A.D., 2024, at a Regular Meeting of the City Council of the City of Port Arthur,Texas by the following vote: P.R.NO.23826 06/24/24 DTP AYES: MAYOR: Councilmembers: NOES: THURMAN BILL BARTIE,MAYOR f ATTEST: APPROVED AS TO FORM: 4141V 144.- . (12/frcli& SHERRI BELLARD, TRMC l r ATTORNEY CITY SECRETARY APPROVED FOR ADMINIS I'RATION: / 111111110P P - 410F ellimbordti/ - 4,,,,*)r Ar.Allow- RONALD BUN:,CP► ITY MANAGER P '"LA II. LAN 41177 PM ASSI ANT CITY v ANAGER/D • CTOR OF D VELOPME T SERVICES Ili ENE `-'`'I7 S-PIE' , PM I ODE COMPLIAN MANAG' R EXHIBIT A 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-ENTERGY TEXAS,INC. KNOW ALL MEN BY THESE PRESENTS THAT: CITY OF PORT ARTHUR, a municipal corporation,by and through its authorized representative,acting 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 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 Texas, Inc., whose address is 60 N. 11'h Street, Beaumont, Texas, 77701, and its successors and assigns, collectively "Grantee", a right-of-way, servitude and easement eighteen( 18 ) feet in width("Right-of-Way") for the location, construction, reconstruction, improvements, repairs, operation, inspection,patrol,replacement and maintenance of electric power and communication facilities ("Grantee Facilities"), or the removal thereof, now or in the future, including, but not necessarily limited to poles, cross arms, insulators, wires, cables, conduits, hardware, transformers, switches, guy wires, anchors and other equipment, structures, material and appurtenances, now or hereafter used,useful or desired in connection therewith by Grantee over, across, under, along or on that land of Grantor in the County of Jefferson, State of Texas described as follows,to-wit: Being a 15.20 acre tract of land situated in,out of and a part of Lots 1 and 2,Block 4,Range"I",Port Arthur Land Company Subdivision and being recorded under Clerks File # 2021015770 of the Deed Records of Jefferson County,Texas.("Property") The Right-of-Way granted is in the area as shown by the attached Exhibit A hereto attached and made a part hereof. Unless otherwise herein specifically provided, the center line of the Grantee Facilities initially constructed on this Right-of-Way shall be the center line of the Right-of-Way;together with the right of ingress and egress to and from the Right-of-Way across the adjoining land of the Grantor.Grantee shall have the right to install and maintain gates in all existing and future fences crossing the Property where same intersects the Right-of-Way to provide access to and from the Grantee Facilities,provided such gates will be installed in a manner that will not unreasonably weaken such fences. Grantee shall have the full and continuing right,but not the obligation,to clear and keep clear vegetation within or growing into the Right-of-Way and the further right to remove or modify from time to time trees, limbs, and/or vegetation outside the Right-of-Way which is dead,decaying or in danger of falling or leaning on Grantee Facilities, 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 Right- of-Way, including but not limited to, house, barn, garage, shed, pond, pool or well, excepting only Grantor's fence(s) and the Grantee Facilities. Grantor shall not construct or permit the construction of any buildings or other structures on land adjoining the Right-of-Way or change the grade or elevation of the Right-of-Way in violation of the minimum clearances from Grantee Facilities as provided in the National Electrical Safety Code or other applicable state and local laws,regulations and ordinances. [SIGNATURE ON NEXT PAGE] ETI Distribution Easement—East—Legal Entity Rev.2/202 1—419549 CITY OF PORT ARTHUR IN WITNESS WHEREOF,Grantor,by and through its authorized representative,has executed this Right-of-Way Instrument on this day of ,2024: GRANTOR: City of Port Arthur Signature Printed Name Title ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this day of ,2024 by ,as the and authorized representative of City of Port Arthur[Grantor]. Notary Public,State of Texas Stamp Or Commission expires: Seal Space Below Reserved For County Clerk's Recording Information WR#44140411 DD M&S Engineering AFTER RECORDING,RETURN TO: Entergy Texas,Inc.,Right-of-Way Department,60 N.11"Street, Beaumont,TX 77701 ETI Distribution Easement-East-Legal Entity Rev.2/2021-419549 CITY OF PORT ARTHUR -2- `c{s` G. ps 4, 4. qo w,�aEs. ii ° i 4- Pt ,r ! p pp$8 z '`� tc - I i k 1 yII . I I I II A 14 IA YV''. oIgi N IN 4ni a a g 8 "as 0. i i Se ,, r qii k gee 1- y ---- .V„,._ * i e 4 e i i i e (N _ � n / w liPil 11 pi3 $1 O 91H AVENUE I594Ia-„� I 2 t i0C'NCRE PPM P.O.Pi) l&8 P H CONCRETE PAVEMENT o 5ill fig . �� Pa A 1 2 ao N !g p(�II �p�. Mpg Q , s a ° 1 r FM USE: AMtMkkOoaf0010i.COO-Cry MMMr-MNMISMW/!l010)CMMMOMSk.br MEPYI.M MOM*49090191201 AM Afarik ce; f, a0► < / ---... , ts:r:Al I 4 6;"4 r tY4k*2 ill"—.;V 1 I k..°441;t4 . ,do , ,,,,, 3 ''� ., ' / g. €• � \ L mir \ / \\. • /j/ _ ‹.± K 'Lim 1 k)t / a F ` -I `;0 \ go 3— � gv c El /I //�/� 7 o ♦ �i i ®(L®®L i y } , k IDv ) j. C r.. 'a �,I , Ill I -taw 04A�, ..),-, , Niel -art 1 \ { £ l /I ; Pi ill1 1111El /AN,. P MI;; A@t x' j iII ' I ! I %: I E Ai N g111 gg1 9 14 ll a ! li ig ! , 1 414gp K 1 rti q PH- r9Ird' IIIIIIIIIIII ti i,..,,,-, ; 1B 06 z