HomeMy WebLinkAboutPR 24431: UTILITY EASEMENT FROM THE PORT OF PORT ARTHUR NAVIGATION DISTRICT PR No.24431
07/07/2025 ht
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A UTILITY
EASEMENT FROM THE PORT OF PORT ARTHUR NAVIGATION
DISTRICT OF JEFFERSON COUNTY, TEXAS, FOR A PORTION OF
LAND LOCATED BETWEEN SAN ANTONIO AVENUE AND HOUSTON
AVENUE,AND BETWEEN 4TH STREET AND PROCTER STREET, FOR
THE PURPOSE OF CONSTRUCTING, INSTALLING, LAYING,
MAINTAINING, AND OPERATING FIBER OPTIC CONDUIT AND
OTHER COMMUNICATION AND UTILITY INFRASTRUCTURE.
WHEREAS,the City is currently in the process of designing and constructing fiber optic
and data cabling infrastructure,new electrical service infrastructure, and related appurtenances to
provide critical communication infrastructure through an EDA CARES Act Recovery Grant,
which is expected to positively impact the underserved downtown business district, stimulate
innovation and entrepreneurship, and promote strong growth among local industry partners; and
WHEREAS, Port of Port Arthur Navigation District of Jefferson County, Texas has
tentatively agreed,contingent upon approval by its Board of Commissions to grant the City of Port
Arthur a utility easement over a portion of its property located between San Antonio Avenue and
Houston Avenue and between 4th Street and Procter Street, for the purpose of constructing,
installing, laying,maintaining and operating fiber optic conduit, along with other communication
and utility infrastructure; and
WHEREAS,the easement tract is legally described as a 0.064 acre portion of land out of
Block 136 of the City of Port Arthur, Jefferson County, Texas and is more particularly described
in Exhibit"A"; and
WHEREAS,the approval and acceptance of the easement is hereby deemed an appropriate
course of action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR,TEXAS:
THAT, the facts and recitals in the preamble are true and correct; and,
THAT, the City Council hereby authorizes the City Manager to accept the utility easement,
contingent upon the approval by the Board of Commissions of the Port of Port Arthur Navigation
District of Jefferson County at their Regular Board Meeting on July 16, 2025, in substantially the
same form attached hereto as Exhibit"A"; and,
THAT, said easement shall be filed and recorded 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 the day of , A.D.
2025 at a meeting of the City of Port Arthur, Texas, by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
CITY OF PORT ATHUR:
Charlotte M. Moses,
Mayor
ATTEST:
Sherri Bellard,TRMC
City Secretary
APPROVED AS TO FORM:
Roxann Pais Cotroneo,
City Attorney
APPROV I • 1 R ADMINISTRATION:
Ofr, ,
Ronald Burto '
City Maria.,
Exhibit "A"
(Utility Easement)
UTILITIES EASEMENT FOR FIBER OPTIC CONDUIT AND
OTHER COMMUNICATION AND UTILITY INFRASTRUCTURE
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
THAT, the Port of Port Arthur Navigation District of Jefferson County, Texas
hereinafter called "Grantor(s)", for and in consideration of the sum of Ten Dollars (10.00)
and other valuable consideration to the undersigned paid by Grantee hereinafter named, as
well as other good and valuable consideration,the receipt and sufficiency of which is hereby
acknowledged and confessed, has GRANTED, SOLD and CONVEYED and by these
presents does GRANT, SELL and CONVEY unto the City of Port Arthur,Texas(hereinafter
called "Grantee(s)", a municipality whose mailing address is P.O. Box 1089, Port Arthur,
TX 77641,a right,privilege and utilities easement(the"Easement")in,under and across the
following described tract of land situated in Jefferson County, Texas, to- wit:
For Metes and Bounds Description& sketch,see Attachment"A"
attached hereto and incorporated by reference.
This Easement shall be exclusive and shall be for the purposes of constructing,
installing, laying, inspecting, accessing, operating, maintaining, repairing, replacing,
upgrading,and removing fiber optic lines and other communication and utility infrastructure,
including associated conduit, cable, junction boxes, handholes, poles, vaults, and other
appurtenances as may be necessary to provide telecommunication and utility services.
I.
It is expressly understood and agreed that the City of Port Arthur shall have the right
of ingress and egress to and from the above-described tract of land for the purposes set forth
in this Easement. The Grantee shall also have the right to enter upon the Easement area at
any time, with personnel, equipment, and materials, to install (including the installation of
fiber optic conduit), access, inspect, operate, maintain, repair, replace, and remove
communication and utility infrastructure.
II.
It is further understood and agreed that the City shall have the right to temporarily
use portions of adjacent property owned by the Grantor, as reasonably necessary, for
workspace and staging areas to accomplish the purposes of this Easement,provided that such
use shall be reasonably limited in time and scope and any damage caused shall be repaired
or compensated.
TO HAVE AND TO HOLD the same unto the City of Port Arthur, Texas, its
successors and assigns forever.
WITNESS MY HAND,this day of , A.D., 2025.
Grantor:
Port of Port Arthur Navigation District
of Jefferson County,Texas
By:
Name:
Title:
APPROVED,ACCEPTED AND AGREED TO:
Grantee:
City of Port Arthur, Texas
By:
Ronald Burton, CPM
City Manager
APPROVED AS TO FORM:
Roxann Pais Cotroneo,
City Attorney
ACKNOWLEGEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally appeared
known to me to be the person(s) whose name(s)
is(are) subscribed to the foregoing instrument and acknowledged to me that he/she executed
the same for the purposes and consideration therein expressed and as the act and deed on
behalf of Port of Port Arthur Navigation District.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the
day of , 2025.
Notary Public for the State of Texas
RETURN TO:
CITY OF PORT ARTHUR
Law Department
P. O. Box 1089
Port Arthur, Texas 77641-1089
Attachment "A"
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DESCRIPTION OF A 0.064-ACRE TRACT OF LAND
OUT OF BLOCK 136
CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS
BEING A 0.064-ACRE TRACT OF LAND OUT OF BLOCK 136, CITY OF PORT ARTHUR, ACCORDING TO THE
MAP OR PLAT THEREOF RECORDED IN VOLUME 1,PAGE 50 OF THE MAP RECORDS OF JEFFERSON COUNTY,
TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A SCRIBE "X" FOUND IN THE NORTHEASTERLY RIGHT-OF-WAY OF HOUSTON AVENUE
FOR THE NORTHWESTERLY CORNER OF SAID BLOCK 136, THE SAID SCRIBE MARK HAVING A TEXAS
COORDINATE VALUE OF NORTH 13,897,997.38' AND EAST 3,572,458.69';
THENCE SOUTH 53 DEG. 20 MIN. 12 SEC. EAST, ALONG AND WITH THE SAID NORTHEASTERLY RIGHT-OF-
WAY OF HOUSTON AVENUE,A DISTANCE OF 140.00 FEET,TO A POINT FOR THE NORTHWESTERLY CORNER
AND POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND,THE SAID POINT HAVING A TEXAS
COORDINATE VALUE OF NORTH 13,897,913.78' AND EAST 3,572,570.99';
THENCE OVER AND ACROSS THE SAID BLOCK 136 THE FOLLOWING THREE (3) COURSES:
NORTH 36 DEG. 39 MIN. 48 SEC. EAST, A DISTANCE OF 140.00 FEET TO A POINT FOR CORNER;
SOUTH 53 DEG. 20 MIN. 12 SEC. EAST, A DISTANCE OF 20.00 FEET TO A POINT FOR CORNER;
SOUTH 36 DEG.39 MIN.48 SEC.WEST,A DISTANCE OF 140.00 FEET TO A POINT FOR CORNER IN THE SAID
NORTHEASTERLY RIGHT-OF-WAY OF HOUSTON AVENUE;
THENCE NORTH 53 DEG. 20 MIN. 12 SEC.WEST,ALONG AND WITH THE SAID NORTHEASTERLY RIGHT-OF-
WAY OF HOUSTON AVENUE,A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING AND CONTAINING
0.064 ACRE OF LAND, MORE OR LESS.
SEE ACCOMPANYING PLAT.
PREPARED:JULY 11, 2025.
JOB NO. LS25-103
FOR REVIEW
BY:
RONALD J. ARCENEAUX
TEXAS REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4572
Page 1of2
409.724.7888
3120 Central Mall Drive
Port Arthur,TX 77642 Engineering Surveying
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CERTIFICATION OF SURVEYOR:
I, RONALD J. ARCENEAUX, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE
STATE OF TEXAS, DO HEREBY CERTIFY THAT THE SURVEY REPRESENTED BY THIS PLAT
OR MAP WAS MADE ON THE GROUND UNDER MY DIRECT SUPERVISION, AND THAT IT
ACCURATELY REPRESENTS SAID SURVEY, TO THE BEST OF MY KNOWLEDGE AND BELIEF.
THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY ME OR ARCENEAUX WILSON LINE TABLE
AND COLE TO DETERMINE OWNERSHIP.
THE FIELD WORK WAS COMPLETED ON JULY 10, 2025. L1 N 36°39'48"E 140.00'
L2 S 53°20'12"E 20.00'
FOR REVIEW L3 S36°39'48"W 140.00'
L4 N 53°20'12"W 20.00'
RONALD J. ARCENEAUX, RPLS
TEXAS REGISTRATION No. 4572
FOR, AND ON BEHALF OF:
ARCENEAUX WILSON & COLE '
GENERAL NOTES:
SHEET 2 of
SEE ACCOMPANYING DESCRIPTION. 1
RECORDED DOCUMENTS SHOWN AND LISTED HEREON REFERENCE THE OFFICIAL NO.DATE REVISION APPROV
RECORDS OF THE COUNTY CLERK, JEFFERSON COUNTY, TEXAS. SURVEY OF A 0.064-ACRE AREA OUT OF
BLOCK 136.CITY OF PORT ARTHUR
DIMENSIONS INDICATED HEREON ARE GRID DIMENSIONS DETERMINED BY G.P.S. JEFFERSON COUNTY,TEXAS
SURVEYING, BASED UPON THE ALLTERRA CENTRAL, TRIMBLE V.R.S. R.T.K. NETWORK, PREPARED FOR:CITY OF PORT ARTHUR,TFYSS
REFERENCED TO THE TEXAS COORDINATE SYSTEM, (N.A.D. 83), SOUTH CENTRAL w`..w
ZONE (4204) AND THE NORTH AMERICAN VERTICAL DATUM OF 1988 (N.A.D. 83) MN. 101°4619
WITH GEOID MODEL " AIDI
COORDINATE, DISTANCEE E AND ELEVATION UNITS ARE U.S. SURVEY FEET.
("CORPSCON v6.0.1", U.S.A.C.E.). CIIAIC
ARCENEAUX WILSON&COLE
CONVERGENCE ANGLE: 03' 19' 44.55286" ....mplay..' "°'"°' "°
kV.,TX 7/442 409.724.73041
SCALE FACTOR OF 0.999977896, COMBINED FACTOR OF 0.999981191 Pert.0•0.11.11M
AT THE P.O.B. JOB NO.: SHEET DRAWN CHECKED
L525-103 F.B. No 1 OF 1 BY: BJB BY: LSS