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Home My WebLink AboutPR 23988: AGREEMENT WITH THE US ARMY CORPS OF ENGINEERS, SURVEY AND EXPLORATION RELATED TO THE SABINE PASS TO GALVESTON BAY (S2G) FLOOD MITIGATION PROJECT P.R.No. 23988 10/17/24 ht RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RIGHT OF ENTRY AGREEMENT WITH THE U.S. ARMY CORPS OF ENGINEERS FOR SURVEY AND EXPLORATION RELATED TO THE SABINE PASS TO GALVESTON BAY(S2G)FLOOD MITIGATION PROJECT. WHEREAS, the U.S. Army Corps of Engineers requires temporary access to conduct surveys and field investigations to further the engineering design of the Sabine Pass to Galveston Bay(S2G)Flood Mitigation Project; and WHEREAS, the surveys and field investigations are necessary to advance the project's development and contribute to the City's flood protection efforts; and WHEREAS, the Right-of-Entry DACW 64-9-25-5930, attached hereto as Exhibit "A," grants the Department of the Army the authority to access city-owned properties to conduct surveys, test borings, and other exploratory work necessary for the Sabine Pass to Galveston Bay (S2G)Flood Mitigation Project. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinion in the preamble are true and correct. THAT, the City Manager is hereby authorized to execute the Right of Entry Agreement, in substantially the same form, attached hereto as Exhibit "A", with the U.S. Army Corps of Engineers for temporary access to City properties for the purpose of conducting surveys and field investigations. 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 Bartie Mayor ATTEST: Sherri Bellard City Secretary APPROVED A RM: Roxann Pais Cotroneo City Attorney APPROVE I F 1,1 ADMINISTRATION: WIOY Ronald B - .n,CPM City ►- . ager EXHIBIT "A" DEPARTMENT OF THE ARMY DACW 64-9-25-5930 RIGHT OF ENTRY FOR SURVEY AND EXPLORATION Sabine to Galveston Project,Jefferson County, TX USACE Property Legal Description Internal ID ID 3695 72813 72813 LT 1 BLK 1 RANGE D PALCO 3697 72819 72819 LT 2 BLK 1 RANGE D PALCO 3676 72820 72820 LT 3 BLK 1 RANGE D PALCO 5089 126174 126174 JOSEPH BUTLER ABST 9 TR 5 12.0710 A C 3779 398555 398555 LT 1 HUGHEN PARK 1.334AC 3970 398575 398575 LT 3 BLK 1 RANGE D PALCO 5049_413722 413722 LTS 2-4 TR 2 & 10' OF ADJ ALLEY BLK 151 CITY OF PORT ARTHUR .6823AC 5097_414313 414313 LAKESHORE PARK OUT OF BLK 155 CITY OF PORT ARTHUR 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 24 (twenty-four) 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 lands 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-entry 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 lands affected by this right-of-entry are located in the State of Texas, County of Jefferson, and are shown in Exhibit"A". 6. All persons entering the lands on behalf of the Government shall comply with the terms of Exhibit"B"attached hereto and incorporated herein for all purposes. DACW 64-9-25-5930 WITNESSES MY HAND AND SEAL this day of , 202_ Land Owner Signs Below UNITED STATES OF AMERICA N eviktPttir BY Owner Name Sig - ure Timothy J.Nelson Contracting Officer,Real Estate Division Rt.nakck 2llr-rc n Galveston District Owner Name Print U.S. Army Corps of Engineers Owner Name: Primary Phone Number: Alternate Phone Number: Primary E-Mail Address: Alternate E-Mail Address: Preferred Contact Address (if different than property address): PortArthut * A e e I ere' ,e oa `mt Q� e 1 e v. O O 0, US ARMY CORPS OF ENGINEERS I= Parce Spatial Reference d spree from representationr of features on ata obtainer]the earn- 1 DISTRICT PCs:NAD 1983 2011 StatePlane Texas South compliedby r i om Central FIPS 4204 MIS various sources and is no necessarily,in whole or in r•r i CESWG-RE GCS:GCS NAD 1983 2011 ' part,based upon any physical recording,study or Map Units:Foot_US .gl� survey,professional or otherwise,of the covered PID 72820 "-. E property.This Information is not intended as a substitute US Army Corps Owner CITY OF PORT ARTHUR for a field survey by a licensed professional or any other Legal Desc:LT 3 BLK 1 RANGE D PALCO use or application that requires legal or engineering of Engineers accuracy Galveston District '- 12, 175 Created by m3reshlm Faer Creation Date.11 September 2024 Bea ea unr��n1 - OIJoQ C S3DU I(�I.✓�V 0 Prot Artilra A o #r Y Qe rb Ow t2 5� US ARMY CORPS OF ENGINEERS I=1 Parcel Spatial Reference TR5 cats a i rpresentat:orj a texture.U the eaen PCS:NAD 1983 2011 StatePlane Texas South corralled by software how,raw data obtained from GALVESTON DISTRICT various sources and,s no necessany,in whole or in r - t Central FIPS 4204 FtUS n r S n t C E S W G—R E GCS:GCS NAD 1983 2011 pan based upon any physical recording,study or survey,professional or otherwise,al the covered PID 72813 Map Units Foot_US N 1. property.This information is not intended as a substitute US Army Corps Owner CITY OF PORT ARTHUR for a field survey by a licensed proressionaf or any other of Engineers Legal Desc LT 1 ELK 1 RANGED PALCO ti accuracy Galveston District 2'0 '75 Created by:m3reshlm I-c o Creation Date:11 September 2024 ar' ro 0 t3eaunu>ni .i, RZGD_bit Q PatArtten * A pro ae e e e4 O° e�� o t � oa �e �- e ei , ,. cp ,, .. ,- — ee a —e QN1 0 c3 n US ARMY CORPS OF ENGINEERS Parcel Spatial Rele*ence Ttars aata s a represer!at.ori of features on the each Nil PCS.NAD 1983 2011 StatePlane Texas South comptieo by software from raw data obtained from GALVESTON DISTRICT arious sources and is no necessanly nwweorm Central FIPS 4204 FtUS CESWG-RE GCS:GCS NAD 1983 2011 \ van.based upon any physical recording,study or Map Units Foot US survey,professonal or otnervede,of the covered PIO 72819 — `y, F property.This into, ation is not intended as a substitute US Army Corps Owner CITY OF PORT ARTHUR for a held survey by a licensed professional or any other u or of Engineers Legal Desc.LT 2 BLK 1 RANGED PALCO accurac�celron that repoires*gal or engmeenng r Galveston District :>0 '75 Created by m3reshlm Foci Creation Date 11 September 2024 4° �x4hib1Z °a s. Pat Ar1hue A Q`°`/ rBiStecaneca. b c ck Pe ic v US ARMY CORPS OF ENGINEERS I=1 Parcel Spatial Reference �.>a,tta s a p•e -n o ";reatur o mesas^ PCS NAD 1983 2011 StatePlane Texas South compbed by software trom raw data oo amen frort� BINI GALVESTON DISTRICT various sour es and is no necessa ily in whoe or Central FIPS 4204 FtUS CESWG-RE GCS:GCS NAD 1983 2011 pan based upon any physical recording study or Map Units.Foot US survey,professional or otherwise-of the covered PID:398555 — �� F progeny This information rs rwt intended as a substrlvte US ArmyCorps Owner.CITY OF PORT ARTHUR / dr a field su ey by a licensed INotess oral or any o her of Engineers Legal Denc LT 1 use or appl cation that requires legal or eng sewing 9 S accuracy Galveston District HUGHEN PARK 1.334AC „ r,,_< ❑z _'„ 175 Created bym3reshlm Fcd Creation Date 11 September 2024 Beaunxxll .. A 4 C�_ . IR& q . ,_. .... , „:„ . .., ._.. .., ..,.. 4, H e� 'T 'r'a '4'4 ar s '_ . A .. 4 1 wa �j h%- G zeo Mil Gat3 C1 d� eO Q Opp 0: Auto' ,i Q US ARMY CORPS OF ENGINEERS c=3 Poi t,e, Spaual Reference 7rs oats is a ispreseniatrue o'-'eamres cn the eann GALVESTON DISTRICT PCS:NAD 1983 2011 StatePlane Texas South compwed by software trom raw data abtarned from Central FIPS 4204 FIU3 various sources and is no necessarily,in while or in CESWG-RE GCS:GCS NAD 1983 2011 ] pad•based upon any physical recording,study or survey,professional or otherwise,of the covered PID:398575 w,Map Units:FOOt_US L property This information is not intended as a substitute fora field survey by a licensed professional a any other US Army Corps Owner.CITY OF PORT ARTHUR use or ppecabon that requires legal or engineering Of Engineers Legal Desc:LT 3 BLK 1 RANGE D PALCO , accurac Galveston District i., `rxt lib Created by:m3reshlm Feci Creation Date:11 September 2024 SA. P4 Eaxh�i'b t G5 P f A c `7 %% r , „ Port Arthur t r kx Ta. d y. e S e� c US ARMY CORPS OF ENGINEERS = Par'GI Spatial Reference This data is a representation a teat,.res on the earth PCS'NAD 1983 2011 StatePlane Texas South complied by software from raw data obtained from GALVESTON DISTRICTvarious sources and is no necessarily,in whole or m t I Central C PS D 1 83 2 t r/r t CESWG-RE GCS:GCS NAD 1983 2Gi1 Pan based upon any physical recortlmg study or Map Units.Foot US survey.professional or otherwise.of the covered P10 413722 property This information is not intended as a substitute US ArmyCorpsOwner.CITY OF PORT ARTHUR �' L for a field survey by a licensed professional or any other of Engin ers Leal Desc.LTS 2-4 TR 2 8 10'OF ADJ ALLEY BLK use or application that requires legal or engineering 151 CITY OF PORTARTHUR 6823AC. accuracy. Galveston District ., 62, 11' -sn i75 Created by.m3reshlm Fox Creation Date 11 September 2024 �o� ��']�n�LltJt . n za u „. �o a Port Atttira * A y0 4Sf mM�: k- /6' o d a u A ram, US ARMY CORPS OF ENGINEERS Q Parcel Spatial Reference This data s r er;t.r or features on the earth GALVESTON DISTRICT PCS'NAD 1983 2011 StatePlane Texas South co f4,1.4 by software from raw data obtaned from t r Central FIPS 4204 FtUS venous sources and is no necessarily,in whole or in 1 r s 1 CESWG-RE GCS:GCS NAD 1983 2011 s survey,prort fessional or upon any o e�nse of the covered r PIO 126174 Map Units:Foot_US property-This Information is not intended as a substitute US Army Corps Owner CITY OF PORT ARTHUR 11 E for a field survey by a licensed professronal or any other use or appricatron that requires legal or engineering of Engineers Legal Oesc:JOSEPH BUTLER ABST9 TR 5 accuracy Galveston District 12.0710AC ou 1so Y Created b m3reshlm Fcer Creation Date:11 September 2024 Bea unuxtt 4.'c44)oo f / t Q Part Arihro * w II �o r° N., 0 3� �J' °' �� 2 o� t, ` <5 �Q ,V US ARMY CORPS OF ENGINEERS Q Parcel Spatial Reference Tres iva s epoeseator of features on the earth 11151 GALVESTON DISTRICT PCS:NAD 1983 2011 StatePlane Texas South comgieo by software from raw data obtained from Central PIPS 4204 FIUS various sources and is no necessanly,in whole or in CESWG-RE GCS:GCS NAD 1983 2011 part.based upon any physical recording.study or Map Units:Foot_US .��. survey,professional or otherwise,of the covered PID:414313 property This information is not intended as a substitute U �! E for a field survey by a licensed professional or any other ofArmy Corps Owner:CITY OF PORT ARTHUR �I� use or application that requires legal or engineering Of Engineers Legal Desc:LAKESHORE PARK OUT OF BLK 155 S accuracy Galveston District CITY OF PORT ARTHUR d 61s 125 .co 17, Created by m3reshlm Fecr Creation Date.11 September 2024 DACW 64-9-25-5930 EXHIBIT "B" This page is optional but must be sent back even if it is blank. On the lines below, please detail any requests regarding investigations to be conducted on the lands. For example: "Request 24 hours' advance notice via e- mail prior to entering the lands." Additional rules for all persons entering the lands or adjacent lands on behalf of Government: The City of Port Arthur requests that a 24-hour advance notice be provided before entering the property. Please send the notice to Ron.Burton@portarthurtx.gov or call (409)983-8101. I