HomeMy WebLinkAboutPR 24764: TEMPORARY WORKSPACE EASEMENT WITH ANGEL MID JEFF COUNTY, J.V., FOR THE HWY 365 FORCE MAIN REPLACEMENT PROJECT City • ,2))
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INTEROFFICE MEMORANDUM
Date: February 3, 2026
To: The Honorable Mayor and City Council
Through: Ronald Burton, CPM, City Manager
From: Calvin Matthews, P.E., Water Utilities Director
RE: P.R.No. 24764—Executing A Temporary Workspace Easement With Angel Mid
Jeff County,J.V., for the Hwy 365 Force Main Replacement Project.
Introduction:
The intent of this agenda item is to request the City Council's approval to authorize the City Manager to
execute a temporary workspace easement with private landowner, Angel Mid Jeff County, J.V for
purposes related to the construction, installation, maintenance, and operation of a sanitary sewer force
main along FM 365,for an estimated total cost of$8,500.00,which includes acquisition,preparation and
restoration of the easement area.
Background:
Pursuant to Resolution 25-050, the City entered into a contract with ALLCO,LLC for the Highway 365
Sanitary Sewer Force Main Replacement Project along FM 365,which involves replacing the existing 8-
inch force main with a new 16-inch line to convey flows from the Highway 365 Lift Station to the
manhole beyond West Port Arthur Road,spanning approximately 9,300 linear feet to address the critical
conditions that caused multiple overflows and TCEQ violations from 2020.
The City needs to acquire a twenty-foot (20') wide temporary construction easement, consisting of
approximately 0.374 acres (16,297.2 square feet), between the Port Acres Wastewater Treatment Plant
(WWTP)and the City's Highway 365 Water Tower in order to continue with the sewer main replacement
work along FM 365.
The landowner, Angel Mid Jeff County, J.V., has agreed to grant the City a temporary workspace
easement over a portion of its property for purposes related to the construction,installation,maintenance,
and operation of a sanitary sewer force main, for an estimated total cost of$8,500.00, which includes
acquisition,preparation and restoration of the easement area.
Budget Impact:
The total projected budgetary impact is$8,500.00 and is available in CIP Account No.405-40-000-8516-
00-00-000,Project No.WS0012.CON.
Recommendation:
It is recommended that the City Council approve Proposed Resolution No. 24764, approving the
Temporary Workspace Easement as discussed/outlined above.
"Remember,we are here to serve the Citizens of Port Arthur"
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Pr
PR No.24764
01/20/2026 ht/cm
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
TEMPORARY WORKSPACE EASEMENT WITH ANGEL MID JEFF
COUNTY, J.V. FOR A 20' WIDE (0.374 ACRE) PORTION OF LAND,
LOCATED ON HIGHWAY 365, BETWEEN PORT ACRES WATEWATER
TREATMENT PLANT (WWTP) AND HIGHWAY 365 WATER TOWER,
FOR THE PURPOSE OF CONSTRUCTING, INSTALLING, LAYING,
MAINTAINING AND OPERATING A SANITARY SEWER FORCE MAIN,
IN THE PROJECTED AMOUNT OF $8,500.00. FUNDING IS AVAILABLE
IN CIP ACCOUNT NO. 405-40-000-8516-00-00-000, PROJECT NO.
WS0012.CON
WHEREAS,pursuant to Resolution 25-050,the City entered into a contract with ALLCO,
LLC for the Highway 365 Sanitary Sewer Force Main Replacement Project along FM 365, which
involves replacing the existing 8-inch force main with a new 16-inch line to convey flows from
the Highway 365 Lift Station to the manhole beyond West Port Arthur Road, spanning
approximately 9,300 linear feet to address the critical conditions that caused multiple overflows
and TCEQ violations from 2020; and
WHEREAS, the City needs to acquire a twenty-foot (20') wide temporary construction
easement depicted in Exhibit"A", consisting of approximately 0.374 acres(16,297.2 square feet),
between the Port Acres Wastewater Treatment Plant(WWTP) and the City's Highway 365 Water
Tower in order to continue with the sewer main replacement work along FM 365: and
WHEREAS, the landowner, Angel Mid Jeff County, J.V., has agreed to grant the City a
temporary workspace easement over a portion of its property for purposes related to the
construction, installation, maintenance, and operation of a sanitary sewer force main, for an
estimated total cost of$8,500.00, which includes acquisition, preparation and restoration of the
easement area; and
WHEREAS,the Temporary Workspace Easement tract is legally described as a 20' wide
(0.374 acres)portion of land of the WILLIAM MCFADDIN Survey, Section No. 10, Abstraction
No. 415, Jefferson County, Texas and is more particularly described in Exhibit`B"; and
WHEREAS,the approval and acceptance of the easement is hereby deemed an appropriate
course of action in order to continue the sewer main replacement project.
PR No.24764
01/20/2026 ht/cm
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 execute the Temporary
Workspace Easement, legally described as a twenty-foot(20') wide, 0.374-acre portion of land in
the WILLIAM MCFADDIN Survey, Section No. 10,Abstract No. 415, Jefferson County, Texas,
with Angel Mid Jeff County, J.V., in substantially the same form attached hereto as Exhibit"B";
and,
THAT,the funding for the temporary workspace easement is available in Account No.405-
40-000-8516-00-00-000, Project No. WS0012.CON; 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.
2026 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
PR No.24764
01/20/2026 ht/cm
APPROVED AS TO FORM:
Roxann Pais Cotroneo
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald n,
City Mana
I
Suhail Kanwar, P.E.
Director of Public Services
Calvin Matthews, P.E.
Water Utilities Director
APPROVED AS TO THE AVAILABILITY
OF FUNDS:
Lyn (Lyn Boswell, MA ICMA-CM
Finance Director
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Clifton `. Williams r., CPPB
At
Purchasing Manager
PR No.24764
01/20/2026 ht/cm
Exhibit "A"
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PR No.24764
01/20/2026 ht/cm
Exhibit "B"
TEMPORARY WORKSPACE EASEMENT
THE STATE OF 1EXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON }
This Temporary Workspace Easement agreement("Easement")is made by and between:
(1) The undersigned,herein collectively called"Grantor";and,
(2) CITY OF PORT ARTHUR,TEXAS,a body politic of the State of Texas,whose address is 444 4th St,Port
Arthur,Texas 77640,herein called"Grantee".
GRANTEE SHALL DEFEND GRANTOR AND GRANTOR'S SUCCESSORS AND ASSIGNS
("INDEMNITEES") FROM AND AGAINST ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION, AND
ALL LOSS THEREFROM INCLUDING REASONABLE ATTORNEYS' FEES, BY GRANTOR, AND
GRANTEE'S EMPLOYEES, AGENTS, REPRESENTATIVES, OR CONTRACTORS FOR PERSONAL
INJURY OR DEATH OR PROPERTY DAMAGE OR DESTRUCTION TO THE EXTENT CAUSED BY THE
NEGLIGENCE OR FAULT OF GRANTEE, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, OR
CONTRACTORS. THIS AGREEMENT DOES NOT PROVIDE FOR DEFENSE FOR THE WILLFUL
MISCONDUCT,NEGLIGENCE OR GROSS NEGLIGENCE OF INDEMNITEES.
GRANTEE SHALL INDEMNIFY AND HOLD HARMLESS INDEMNITEES FROM AND AGAINST
ALL CLAIMS, DEMANDS AND CAUSES OF ACTION, AND ALL LOSS THEREFROM INCLUDING
ATTORNEYS' FEES, BY GRANTEE'S EMPLOYEES,AGENTS,REPRESENTATIVES,OR CONTRACTORS
FOR PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE OR DESTRUCTION TO THE EXTENT
CAUSED BY THE NEGLIGENCE OF GRANTEE, ITS EMPLOYEES,AGENTS, REPRESENTATIVES, OR
CONTRACTORS. THIS AGREEMENT DOES NOT PROVIDE FOR INDEMNITY FOR THE WILLFUL
MISCONDUCT OR NEGLIGENCE OF INDEMNITEES.
FURTHER, AND IN ADDITION TO THE ABOVE, GRANTEE SHALL INDEMNIFY AND HOLD
HARMLESS GRANTOR AND GRANTOR'S SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND
ALL LIABILITIES, (INCLUDING BUT NOT LIMITED TO ALL FINES, PENALTIES, COSTS, CLEANUP,
REMOVAL OR REMEDIATION CHARGES OR ASSESSMENTS LEVIED OR ASSESSED AGAINST
GRANTOR BY ANY GOVERNMENTAL AUTHORITY FOR SAME) INCLUDING REASONABLE
ATTORNEYS'FEES ARISING OUT OF GRANTEE'S OPERATIONS HEREUNDER.
GOVERNING LAW: ALL ACTIONS ARISING UNDER THIS EASEMENT SHALL BE
DETERMINED BY COURTS OF THE COUNTY OF JEFFERSON, STATE OF TEXAS, IN ACCORDANCE
WITH,AND GOVERNED BY, THE LAWS OF THE STATE OF TEXAS. AS A CONDITION OF,AND IN
CONSIDERATION FOR, THIS EASEMENT, GRANTEE, FOR ITSELF AND FOR ITS SUCCESSORS AND
ASSIGNS,HEREBY EXPRESSLY WAIVES FEDERAL DIVERSITY JURISDICTION.
WITNESSETH:
Grantor,for and in consideration of the sum of Ten and No/Hundredths U.S.Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged and accepted, does hereby GRANT,
BARGAIN,and CONVEY unto Grantee,subject to the terms and conditions hereof and to the obligations undertaken by the
said Grantee, a 0.374 acre temporary and exclusive workspace easement,if not sooner terminated, automatically terminating
,2026,to facilitate ,in the WIT IAMM MCFADDIN SURVEY,Section
No.10,Abstract No.415,in Jefferson County,Texas,being across a 234.0 acre tract described in an instrument to Freddy Wirt,
et al,recorded in County Clerk's File No.2022028517 of the Official Public Records of Jefferson County Texas,and being part
of Lot 4, Block 14, Range L and Lot 1, Block 14, Range M, of the Port Arthur Land Company Subdivision, recorded in
Volume 1,Page 22,of the Map Records of Jefferson County,Texas,as designated on the plat and description attached hereto
as Exhibit "A", which are incorporated by this reference for all purposes (It is understood and agreed that the centerlines,
descriptions and exhibits have been prepared by Grantee herein and Grantor does not guarantee the accuracy of same).
TO HAVE AND TO HOLD unto the said Grantee,its successors and assigns, the easements and rights of way
described above, including, the right of ingress to and egress along said right of way, subject to the following terms and
conditions:
1. The said Grantee is authorized and in good standing to do business in the State of Texas.
2. This grant is to facilitate the replacement of an existing pipeline to transport wastewater, subject to the
pertinent and applicable provisions of all state and federal statutes purporting authority over Grantee's operations. The
consideration for this grant shall be made payable to Robert Keith Wade,Trustee for Grantor.
3. Notwithstanding any other provision herein, Grantee's sole access and ingress and egress to the easement
described above shall be from public roads or from Grantee's existing pipeline easement(s)or work space hereinafter provided
for on adjoining properties.
4. Grantee shall have the right to utilize for temporary working space only the certain land as designated on the
plats attached hereto as Exhibit"A"and as described on the Centerline Survey Description attached hereto as Exhibit"A".
5. Prior to commencement of operations Grantee shall install and maintain markers identifying the limits of
Grantee's workspace on Grantor's property.
6. Grantee will restore the topsoil and grass to the surface and all disturbed areas shall be compacted to prevent
settling and leveled to the preexisting plane in the original contour as nearly as practicable. Grantee will replace or rebuild to as
reasonably practicable any and all damaged parts of all roadways,utilities, fences,drainage or irrigation systems occasioned by
the Grantee's operations. Grantee shall provide$5,000.00 to Grantor for a barbed wire fence to be installed,by Grantor,upon
the termination of this Easement.Grantee will correct any future settling of the soil which occurs within any utilized portion of
the easement,and was caused by Grantee,at Grantee's cost in a reasonable manner.
7. Grantor reserves the right to use the said premises, for all residential, agricultural, recreational, commercial
and industrial purposes; provided that the same does not interfere with Grantee's exercise of the rights herein conveyed.
Grantee shall not obstruct or inhibit the flow of water on the premises,nor interfere with any drainage during its construction.
8. Grantee shall exercise the care of a common carrier for hire in the installation, operation, repair,
replacement,maintenance and removal of its pipeline.Grantee shall also conform to all applicable specifications of the Railroad
Commission of Texas, Texas Water Commission,Texas Commission on Environmental Quality, County of Jefferson, U.S.
Army Corps of Engineers, U.S. Department of Transportation and other governmental entities exercising jurisdiction over
Grantee's operations.
9. Except for damages caused during the initial construction activities, which damages have already been
paid to Grantor as part of the consideration of this Easement, Grantee will pay for any other damages to Grantor's growing
crops, grasses, trees, shrubbery, fences, buildings, improvements, paving, livestock, wildlife or wildlife habitat caused by
Grantee's operations. This provision may be specifically enforced and shall survive termination of this Easement.
10. Grantee and its contractors, at their sole cost and expense, shall provide and maintain in force
during the existence of this temporary easement, commercial general liability insurance in the amount of at least
$1,000,000.00. Grantee shall, upon request by Grantor,provide proof of such insurance. This insurance is to be carried
by one or more insurance companies authorized to transact business in Texas.
11. No firearms,other weapons or dogs are to be taken upon the said land by any agent,servant or employee of
Grantee or Grantee's contractors at any time.
12. Grantee shall use reasonable effort to prevent trespassing on Grantor's property during times Grantee is
conducting operations on Grantor's lands.
13. All debris created by Grantee will be disposed of by removing the same from the said land and in no event is
Grantee authorized to burn any debris on or adjacent to said easement.
14. Grantee agrees that Grantee shall not erect,install or operate radio frequency-emitting devices on Grantor's
property.
15. The rights granted to Grantee may not be assigned,in whole or in part,without the express written consent
of Grantor, which consent will not be unreasonable withheld, conditioned or delayed. Notwithstanding the foregoing,
Grantee may assign this easement, without the consent of Grantor, to any (i) entity that, directly or indirectly, owns or
controls,is owned or controlled by,or is under common ownership or control of,Grantee, (ii)entity to whom Grantee has
assigned all or substantially all of its assets or (iii) to any bank, financing institution or other lender, or groups thereof,
pursuant to the terms of any financing agreements.
16. This instrument is the entire agreement of the parties regarding the temporary workspace easement and
there are no other or different agreements or understandings between the Grantor and the Grantee and its agents regarding the
same.
17. This Easement is executed by Grantor and by Grantee and is the obligation of both parties.
18. This grant is only for temporary workspace for the replacement of the pipeline described above and does
not include authority for any additional installation.
2
19. This easement is subject to:
(a) All restrictions, easements, covenants, conditions and prior conveyances and reservations of
minerals and royalties of record in the office of the County Clerk of Jefferson County,Texas,to the extent they are still in effect
and relate to the above described easement;
(b) Any discrepancies,conflicts,overlaps or shortages in area or boundary lines which a correct survey
would show;and,
(c) All easements,roadways or encroachments on the ground which are visible or apparent or which a
correct survey would show.
20. Grantee agrees to pay necessary and reasonable attorneys' fees for Grantor in the negotiation and
preparation of this agreement in the sum of$3,500.00
21. As part of the consideration for this Easement, the parties agree that the terms of this Easement, and the
amount of consideration paid,shall remain confidential,and shall not be disclosed to any third parties without the consent of
both parties hereto or court order, with the exception that the amount of consideration may be disclosed to the parties
accountants and to the Internal Revenue Service. This provision may be specifically enforced and shall survive termination of
this easement.
22. The covenants and agreements herein contained shall run with the land and shall inure to the benefit of and
shall be binding upon the successors and assigns of Grantee and the successors and assigns of Grantor.
EXECUTED this day of February,2026.
ANGEL MID JEFF COUNTY,J.V.
PRESTON"(RUN,Managing Partner
'GRANTOR
CITY= )?:PORT ARTHUR,TEXAS
By:
1tON,BURTON,CPM,City Manager
GRANTEE
THE STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
BEFORE ME the undersigned authority, on this day personally appeared PRESTON JULIAN, Managing Partner of
ANGEL MID JEFF COUNTY,).V., known to me to be the person in and who executed the foregoing instrument, and
who acknowledged to me that he executed said instrument of his own free act and deed and on behalf of ANGEL MID
JEFF COUNTY,J.V.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of February,2026.
Notary Public in and for Jefferson County,Texas
3
Mr
Printed Notary Name:
My Commission Expires:
Notary I.D.Number:
THE STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
BEFORE ME the undersigned authority, on this day personally appeared , as
of the CITY OF PORT ARTHUR, TEXAS, known to me to be the person in and who
executed the foregoing instrument,and who acknowledged to me that he executed said instrument of his own free act and
deed on behalf of the CITY OF PORT ARTHUR,TEXAS.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this tl _day of February,2026.
Notary Public in and for Jefferson County,Texas
Printed Notary Name:
My Commission Expires:
Notary I.D.Number:
4