Loading...
HomeMy WebLinkAboutPR 23833: TEMPORARY RIGHT OF ENTRY DACW64-9-24-6586 FOR THE U.S. ARMY CORPS OF ENGINEERS n r! r!It r- 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 23833—Temporary Right of Entry DACW64-9-24-6586 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.23833, 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. 23833 7/16/24 CV 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 DACW 64-9-24-6586 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, 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 PR No23833 7/16/24 CV Page 2 of 2 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 , 2024, 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: APPROVED AS TO FORM: 6(LL, Sherri Bellard m s M. Black City Secretary rim City Attorney APPROVED FOR ADMINISTRATION: 6) 1 / 4411PF"--1 Jr� Ronald Burton, Calvin Matthews, P.E. City Mana_ Water Utilities Director ATTACHMENT "A" (USACE Documents) DEPARTMENT OF THE ARMY DACW 64-9-24-6586 PID: 89130 (Internal ID: 5629_89130) RIGHT OF ENTRY FOR SURVEY AND EXPLORATION Sabine to Galveston Project, LT E BLK 153 TR 1 APPROX 4.130 AC Jefferson County, TX CITY PORT ARTHUR MARTIN FIELD LEASE (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 a revocable 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,and does not otherwise unreasonably interfere with the Owner's ingress and egress. 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 sixty(60)days 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] 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, archaeological 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 slightly less than three feet (80 cm), 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 during which shovel tests may be spaced at 30-foot (10-meter) intervals, also in a grid pattern. Any identified artifacts will be analyzed in the field and returned as close to their original location as practicable (usually within the same shovel test). Any excavations that are conducted will be backfilled, and the surface will be returned as closely as practicable to its original state. 2 5 c- �,oc L T C 1,1 O��j v�i Nm 6 qr A y s!lz � ......N- U la C O!Ol L- NNU C G yRNdyy=n—sOis-ygd o EA a � a iag'ocvd`ag t1q LIJ =�3P��_, � ..V2g . uS g� x ,� �� �A�� O N 0 E e d m I i Ks ei co 3 A 12 EL m.g d m omg.c i r N p N r r oCO 2c0 o0aa.3 o z. c n - aU)c o �aci�� - 0 o a b.' ... $a•Ye y . . . ,. .. w W W cn0 LU J W ,111 ao cn f� 0 a41 _ oo s¢w o 1140, _ � �� M~� „). , rtLiC i- -, f) < III 03.Cr : * DC7U aom¢ a Q y u 0 L.. r i j} �,� a+� „T C Q „ �0. -al 3 cn- o 0 DACW 64-9-24-6586 PID:,89130 (Internal ID: 5629_89130) WITNESSES MY HAND AND SEAL this_ day of 202_ Land Owner Signs Below UNITED STATES OF AMERICA BY Owner Name Signature Timothy J. Nelson Contracting Officer, Real Estate Division Ronald Burton,CPM,City Manager Galveston District Owner Name Print U.S. Army Corps of Engineers Name: Calvin Matthews Phone Number: 936-201-1543 Alt Phone Number: 409-983-8226 E-Mail Address: calvin,matthews*portarthurtx,gov Alt E-Mail Address: Preferred Mailing Address (if different than property address): 444 4th St Port Arthur TX 77640 DACW 64-9-24-6586 PID: 89130(Internal ID: 5629_89130) EXHIBIT "B" This page is optional but must be sent back even if it is blank. Please write, down any request you have while surveyors are on the property on the lines belowfor example- "requesting 24 hours' notice before surveyors enter the property." Additional rules for all persons entering the Land or Adjacent Land on behalf of Government: This property is the baseball field for Lamar State College Port Arthur. Please coordinate with Reed Richard at (mobile) 409-460-2152 or (office) 409-984-6252 or (email) richardrj@lamarpa.edu.