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HomeMy WebLinkAboutPR 24432: UTILITY EASEMENT FROM THE MUSEUM OF THE GULF COAST, PORT ARTHUR HISTORICAL SOCIETY PR No.24432 07/07/2025 ht RESOLUTION NO. A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A UTILITY EASEMENT FROM THE MUSEUM OF THE GULF COAST, OPERATED BY THE PORT ARTHUR HISTORICAL SOCIETY, FOR A PORTION OF LAND LOCATED BETWEEN BEAUMONT AVENUE AND SHREVEPORT 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. WHEREAS, the City is in the process of designing and constructing underground fiber optic and data cabling infrastructure, new electrical service infrastructure, and related appurtenances to provide critical communication infrastructure through an EDACARES 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, the Museum of the Gulf Coast, operated by the Port Arthur Historical Society,has agreed as delineated in Exhibit"A",to grant the City of Port Arthur a utility easement over a portion of its property located between Beaumont Avenue and Shreveport 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 0.138 acre portion of land out of Block 142 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, from the Port Arthur Historical Society, in substantially the same form attached hereto as Exhibit "B"; 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 APPROVED OR ADMINISTRATION: Ronald Burton City Mana Exhibit "A" (Utility Easement) , 700 Procter Street ` Port Arthur,TX 77640 111111 409/982-7000 www.museumofthegulfcoast.org MUSEUM OF THE GULF COAST 7uly 9, 2025 Mr. Ron Burton Port Arthur City Manager 444 4th Street Port Arthur, TX 77640 RE: INSTALLATION OF FIBER COMMUNICATION LINES—IN THE 700 BLOCK OF PROCTER Dear City Manager Burton: In response to your question as to whether the Port Arthur Historical Society DBA Museum of the Gulf Coast is in support of Fiber being added to the 700 Block of Procter Street, the answer is a resounding Yes! My Board of Directors is supportive and grateful for this consideration. We have had a series of communications issues over the past 4+years, so having another option available is more than welcome. Thank you again for thinking of us. Sincerely, Tom Neal Director of the Museum of the Gulf Coast Sponsored and Administered by The Port Arthur Historical Society 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 Arthur Historical Society 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. AF- 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 Arthur Historical Society 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 Arthur Historical Society. 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" (414 CIMIC 1 ARCENEAUX WILSON&COLE engineering surveying)planning DESCRIPTION OF A 0.138-ACRE AREA OF LAND OUT OF BLOCK 142 CITY OF PORT ARTHUR,JEFFERSON COUNTY, TEXAS BEING A 0.138-ACRE AREA OF LAND OUT OF BLOCK 142,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 1/2"IRON ROD FOUND IN THE NORTHEAST RIGHT-OF-WAY LINE OF SHREVEPORT AVENUE FOR THE SOUTHWESTERLY CORNER OF A 20 FEET WIDE ALLEY OF BLOCK 143 OF CITY OF PORT ARTHUR,THE SAID IRON ROD HAVING A TEXAS COORDINATE VALUE OF NORTH 13,899,979.14'AND EAST 3,574,134.13'; THENCE SOUTH 36 DEG.40 MIN.43 SEC.WEST,OVER AND ACROSS THE SAID SHREVEPORT AVENUE RIGHT-OF-WAY, A DISTANCE OF 70.00 FEET, TO A POINT IN THE SOUTHWESTERLY RIGHT-OF-WAY OF SAID SHREVEPORT AVENUE FOR THE POINT OF BEGINNING OF THE HEREIN DESCRIBED AREA OF LAND AND HAVING A TEXAS COORDINATE VALUE OF NORTH 13,899,923.00'AND EAST 3,574,092.32'; THENCE CONTINUING SOUTH 36 DEG.40 MIN.43 SEC.WEST, OVER AND ACROSS SAID BLOCK 142,A DISTANCE OF 300.00 FEET,TO A POINT FOR CORNER IN THE NORTHEASTERLY RIGHT-OF-WAY LINE OF BEAUMONT AVENUE; THENCE NORTH 53 DEG. 19 MIN. 17 SEC.WEST,ALONG AND WITH THE SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF BEAUMONT AVENUE,A DISTANCE OF 20.00 FEET TO A POINT FOR CORNER; THENCE NORTH 36 DEG.40 MIN. 43 SEC. EAST, OVER AND ACROSS SIAD BLOCK 142,A DISTANCE OF 300.00 FEET, TO A POINT FOR CORNER IN THE SAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF SHREVEPORT AVENUE; THENCE SOUTH 53 DEG. 19 MIN. 17 SEC. EAST,ALONG AND WITH THE SAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF SHREVEPORT AVENUE,A DISTANCE OF 20.00 FEET,TO THE POINT OF BEGINNING AND CONTAINING 0.138 ACRE OF LAND, MORE OR LESS. SEE ACCOMPANYING PLAT. PREPARED:JULY 11,2025. JOB NO. LS25-104 FOR REVIEW BY: RONALD J.ARCENEAUX TEXAS REGISTERED PROFESSIONAL LAND SURVEYOR NO.4572 Page 1 of 2 409.724.7888 3120 Central Mall Drive Port Arthur,TX 77642 Engineering Surveying awceng.com F-16194 10194049 PROCTER STREET (100'R.O.W.) I I I I I I I I I II I I I Q3 I • I I I I I I � I I 12 I 11 I 10 1 9 I 8 T I 8 I 5 I 4 9 I 2f 1 C I I I I I I 1 • I I I w 14 IN I I BLOCK 1:4 2 I I I I W Itn W -1. I I L I I I o Q 14 14 J9 0.138 ACRE Z X o L2 P.O.B.J L 1 N 13899923.00 FOUND Q ' FOUND 1/2" —--------- - E 3574092.32 IRON ROD `, ------------------- N 13899979.14 E 3574134.13 111 4TH STREET (60'R.O.W.) "PALCO" NORTH 'TRUE' NORTH 'GRID' NORTH 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. Li S3640'43"W 70.00' L2 S 36°40'43"W 300.00' L3 N 53°19'17"W 20.00' FOR REVIEW L4 N 36°40'43"E 300.00' L5 S 53°19'17"E 20.00' RONALD J. ARCENEAUX, RPLS TEXAS REGISTRATION No. 4572 FOR, AND ON BEHALF OF: ARCENEAUX WILSON & COLE GENERAL NOTES: SHEET 2 of 2 SEE ACCOMPANYING DESCRIPTION. 1 NO.DATE REVISION APPROV RECORDED DOCUMENTS SHOWN AND LISTED HEREON REFERENCE THE OFFICIAL RECORDS OF THE COUNTY CLERK, JEFFERSON COUNTY, TEXAS. SURVEY OF A0.138-ACRE AREA OUT OF BLOCK 142,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,TEXAS REFERENCED TO THE TEXAS COORDINATE SYSTEM, (N.A.D. 83), SOUTH CENTRAL Survey.. ZONE (4204) AND THE NORTH AMERICAN VERTICAL DATUM OF 1988 (N.A.D. 83) 1010 WITH GEOID MODEL " AIDI COORDINATE, DISTANCEE ELEVATION ELEVATION UNITS ARE U.S. SURVEY FEET. ("CORPSCON v6.0.1", U.S.A.C.E.). awn CONVERGENCE ANGLE: 02' 28' 58.09859" ARCENEAUX WILSON—'o .ow &COLE Contna SCALE FACTOR OF 0.999907300, COMBINED FACTOR OF 0.999911503 Nov Arrow.TX 77442 Wm �•�•�+,mn.<«^ AT THE P.O.C. JOB NO.: SHEET DRAWN CHECKED L525-104 F.B. No. 2 OF 2 BY: BJB BY: LSS