Loading...
HomeMy WebLinkAboutPR 24094: TO GRANT A UTILITY EASEMENT TO ENTERGY TEXAS, INC. ALONG JIMMY JOHNSON BLVD. REGARDING THE GOLF HILL VILLAS DEVELOPMENT PROJECT ti City at nrt rthuur`�` 7<.rcr.r www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: December 20, 2024 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: John Cannatella, PE, Capital Project Engineer RE: PR No. 24094: Authorizing the City Manager to grant a utility easement to Entergy Texas, Inc. along Jimmy Johnson Boulevard in connection with the Golf Hill Villas Development Project. Introduction: The intent of this Agenda Item is to seek the Port Arthur City Council's approval for the City Manager to grant a utility easement to Entergy Texas, Inc., along Jimmy Johnson Boulevard in connection with the Golf Hill Villas Development Project. Background: Entergy Texas, Inc., through M&S Engineering, is requesting that the City of Port Arthur grant a utility easement on a ten (10)-foot-wide portion of land situated in the City's right-of-way along Jimmy Johnson Boulevard, in connection with the Golf Hill Villas Development Project. The proposed easements will allow for the location, construction, reconstruction, improvements, repairs,operation, inspection,patrol,replacement and maintenance of electric power and communication facilities. Budget Impact: No funds are impacted as a result of granting the easement. Recommendation: It is recommended that the City of Port Arthur's City Council approve PR No. 24094 authorizing the City Manager to grant a utility easement to Entergy Texas,Inc.,along Jimmy Johnson Boulevard in connection with the Golf Hill Villas Development Project. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 S:\Engineering\PUBLIC WORKS\PW-ENGINEERING\C.I.P.PROJECTS\Year 2024\JIMMY JOHNSON UTILITY EASEMENT\Agenda Memo JIMMY JOHNSON Utility Easement.docx P.R. No.24094 12/17/24 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO GRANT A UTILITY EASEMENT TO ENTERGY TEXAS, INC. FOR THE CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, REPAIR, OPERATION,INSPECTION,PATROL,REPLACEMENT,AND MAINTENANCE OF ELECTRIC POWER AND COMMUNICATION FACILITIES ON A TEN(10)- FOOT-WIDE PORTION OF LAND SITUATED IN THE CITY'S RIGHT-OF-WAY ALONG JIMMY JOHNSON BOULEVARD IN CONNECTION WITH THE GOLF HILL VILLAS DEVELOPMENT PROJECT WHEREAS,Entergy Texas,through M&S Engineering,is requesting that the City of Port Arthur grant a utility easement on a ten(10)-foot-wide portion of land situated in the City's right-of-way along Jimmy Johnson Boulevard, in connection with the Golf Hill Villas Development Project see Exhibit A; and WHEREAS, the proposed easements will allow for the location, construction, reconstruction, improvements, repairs, operation, inspection, patrol, replacement and maintenance of electric power and communication facilities, or the removal of such power or facilities; and WHEREAS,the City Council deems it appropriate to grant the utility easement to Entergy for the purpose of construction, installation, laying and/or maintenance of utilities under, though, and across a portion of the City's right of way; 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 is hereby authorized to grant and execute the Utility Easement to Entergy Texas, Inc., in substantially the same form,attached hereto as Exhibit B; and THAT,said Utility Easement shall be filed for record in the office of the County Clerk of Jefferson County, Texas; 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 , 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 AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVE + INISTRATION: Ronald Burton, City Mana John tells, City ngineer EXHIBIT A 141i v I K< ..r .i d fiitit 1 " 'T;:" tj { 0 ,, dijuL!i i i I0 IIt //t e ty -- I H III ! �t . A �.ifiidlilt ti I. lictii i,;;1"i iLi r•14 C n1 II t A .. 1 MR E1 gII'II 11 i 6 11 6 ip i �i lid pa . ik si, 'iitiiaiali! ,DA bil 1i 1i t d :Eli ET if J e 1l 'O1 h p ,,II I;1. \ —, ,i :nil Ufa �1 \ a A id 1 \IIII l 1 P ill =ai 'al► I 3210 ha 'll ga r5 a paTio ,' \ I �QNri iIIII "} \ t ! illa l ii p :1I � , IQ�� �i i \\ ii !d i:till M l'J \ F1r /p�jr� i - illu� I Edi Rr 1i" ! I" Rol _ytl 1® {i I �Q . t 1 1 :- fit � @ tt tit tifiU'f I! r I E la _ � { 16 ,�}{,t.i 1 �fui�in L ori;l o};l ff I ;A ,o �,; pT-iv I Rig r x I i l l a Q iiii } If t{ iliiiiif;11i 1 11/ tt lb q Ngin'>o � .- �, � - ZED x N }i}f'riflftifli ii�i }fl�l{ ifiiti! iv p, �, , r F l_` i pC 1ntn 0 A t t , t. tit t. t sl i El tr, 'T ,. ti i} i l }i it•ti8 tt c3F.1d' " i ' ' PInii a}t f lit ,t LIg 11 ' f 1- i�: ` liar }t Pt i; kg li — r 1 rt fi !i t,� t t,n > g© i it(� 1� li�(� �}it i In ' tie ,, ii i :i i i v r II file \:. i , f rt} ri I ►it lul \ 1 .. t S i IS 1i ; t il�t� i•7: ; ; 1 11`i EXHIBIT B 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: the City of Port Arthur, Texas, 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. 11h Street, Beaumont, Texas, 77701, and its successors and assigns, collectively "Grantee", a right-of-way, servitude and easement ten ( 10 ) 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: Tract I: Being a 36.6003-acre tract of land situated in Lots 2,3,4,5,and 6,Block 12,Range"I"and Lots 1 and 8,Block 12 Range"J"of the Port Arthur Land Company Subdivision and being recorded under Clerks File# 134561 of the Deed Records of Jefferson County,Texas.("Property") Tract II: Being a 60.1914-acre tract of land situated in Lots 3,4, 5,6,7,and 8,Block 11,Range"J"of the Port Arthur Land Company Subdivision and being recorded under Clerks File#134561 of the Deed Records of Jefferson County,Texas.("Property") Tract III: Being a 30.2852-acre tract of land situated in Lots 1,2,3, and 7, Block 11, Range "I" of the Port Arthur Land Company Subdivision and being recorded under Clerks File#134561 of the Deed Records of Jefferson County,Texas.("Property") Tract IV: Being a 27.7541-acre tract of land situated in Lots 2,3,4,6, 7, and 8,Block 11, Range"H"of the Port Arthur Land Company Subdivision and being recorded under Clerks File#134561 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.2/2021—73426—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#48290991 DD M&S Engineering AFTER RECORDING, RETURN TO: Entergy Texas, Inc., Right-of-Way Department, 60 N. 11th Street, Beaumont,TX 77701 ETI Distribution Easement—East—Legal Entity Rev.2/2021—73426—CITY OF PORT ARTHUR -2- Exhibit A ) V 0400 lir , ) Illiiii 411.111141 r. 1 Ur la% 73426 la 'Ow11•%11i11111tri. iii , wimp lek I Proposed 10' Easement AN ir ix. ioN./ - :::, hi lopp-aiii, _ gm lip.- •;. iii la% itiv,„ 0 , Ar III IIIII 441116''..imiliaii IIIII ritAiiik'' 1111 4 sr. NI 11110 It IIII III ISO 0. 4......., am, 0 , Lo, ip 14# 0 44.0-- <;› , <9 0 # 0 ,,,\0 ..of 100,40s,0 ti , AREERAzA No c:-):..s:::›--10 ip . 0 4 ;` '9s 36.6003 Acres Lots 2,3,4,5,&6,Block 12,Range I and Ecit Grdriks n Lots 1 &8,Block 12 Range J Zito ri i / 60.1914 Acres MefIlv rktl Lots 3,4,5,6,7,&8, Block 11,Range J RI( 4 Lots 1,2 Acres ;;t Lots 2,3,&7,Block 11,Range I ( lit 27.7541 Acres Lots 2,3,4,6,7,&8,Block 11,Range H Port Arthur Land Company Subdivision 134561 OPRJCTX *) t+. Attached hereto and made a part hereof the certain Right-of-Way Agreement dated the day of , 2024, by and between City of Port Arthur and Entergy Texas, Inc.