HomeMy WebLinkAboutRES 20-141RESOLUTION NO. 20-141
WHEREAS, Entergy Texas, Inc. has agreed to convey one (1) five foot (5') wide
sidewalk easement, said easement being 5' x 100' out of Lots 1 and 2, Block 1 of
Carver Terrace Addition, Beaumont, Jefferson County, Texas as described and shown
in Exhibit 1," attached hereto, to the City of Beaumont for the construction of a
continuous sidewalk for the Washington Boulevard Phase 2 Street Improvement Project
allowing existing ingress and egress to its Lincoln Substation; and,
WHEREAS, the City Council has considered the purpose of said conveyance
and is of the opinion that the acceptance of said conveyance is necessary and desirable
and is in the best interest of the City of Beaumont and that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT one (1) five foot (5') wide sidewalk easement conveyed by Entergy Texas,
Inc., being 5' x 100' out of Lots 1 and 2, Block 1 of Carver Terrace Addition, Beaumont,
Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, be and
the same is hereby, in all things, accepted for the stated purposes.
The meeting at which this resolution was approved was in all things conducted
in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
July, 2020.
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
SIDEWALK EASEMENT
THAT ENTERGY TEXAS, INC., hereinafter called. "GRANTOR", for and in
consideration of the sum of ONE AND N0/100 DOLLAR ($1.00), and other good and valuable
consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled
in Jefferson County, Texas, hereinafter called "GRANTEE" or the "CITY", the receipt and
sufficiency of which consideration is hereby acknowledged, has GRANTED and CONVEYED,
and by these presents does GRANT and CONVEY unto the said CITY OF BEAUMONT, its
successors and assigns a right, privilege, and easement for sidewalk purposes in, over and across
that certain tract of land owned by GRANTOR in the CITY OF BEAUMONT, Jefferson County,
Texas, said easement described in Exhibit "A" attached hereto and made a part hereof for all
purposes.
The easement herein granted shall be used for the purpose of constructing, reconstructing,
and maintaining sidewalks, and the following rights are also hereby conveyed:
It is expressly understood and agreed that the City shall have the right of ingress to and
egress from the above described tract of land of the GRANTOR as well as beneath and below the
surface of the above described easement for the aforesaid purposes of this easement as long as
such ingress and egress does not impact, interfere with or affect the operations and use of the
Grantor's property by Grantor or its successors or assigns.
The City hereby agrees that upon any exercise of its rights hereunder, that it shall repair
any damage caused by the City and restore Grantor's property to the same condition as before.
City's work, including the relocation of any subsurface improvements such as sprinkler lines. The
EXHIBIT 1"
City also agrees that any work performed under this easement shall not deny pedestrian and
vehicular ingress and egress to and from Grantor's property. Acknowledging the limitations placed
upon municipalities by the State Constitution, the City agrees, only to the extent allowed by the
laws and Constitution of the State of Texas, to indemnify and hold Grantor, and any tenant of
Grantor, harmless from claims, actions, costs and damages arising from any injury suffered by
third parties due to the alleged negligence of the City under this easement.
The City acknowledges that Grantor shall have the authority to enter its property over the
easement herein granted.
The City acknowledges that Grantor's facilities, including its substation and its overhead
transmission and distribution lines supported by structures on or adjacent to Grantor's property are
conductors of high voltage electricity and that no person or object may touch or be brought in close
proximity to Grantor's facilities, and to do so or to permit such would endanger the life of the
person or persons so doing. The City agrees that it shall comply with all applicable requirements
regarding conducting work within the area of Grantor's facilities and shall adequately warn its
employees, contractors and agents of such.
TO HAVE AND TO HOLD the above described easement unto the CITY OF
BEAUMONT, Jefferson County, Texas, its successors and assigns forever.
[SIGNATURES ON SUCCEEDING PAGE]
EXECUTED this AU day of UG!/1 Ci , 20M.
GRANTOR: ENTER
By:
Print Name:
Title:
ACKNOWLEDGMENT
STATE OF TEXAS
JEFFERSON COUNTY
This instrument was ackn,opl�edged before me on this day of Su
2020, by EM?IG/S L J,�f'11 11-10A of ENTERGY TEXAS, INC., whose name is
subscribed to the foregoing instrument and who is personally known to me, and acknowledged to
me that the same was the act of the said ENTERGY TEXAS, INC., and that he executed the same
for the purposes and consideration therein expressed and in the capacity stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of CZUPV-- , 2020.
LESLIE MADDOX
e�Notary Public, State of Texas
Comm. Expires 06-25-2021 NoAry Public, Stat of Texa
Notary ID 126942601
GRANTEE: CITY OF BEAUMONT
By:
Print Name:
Title:
ACKNOWLEDGMENT
STATE OF TEXAS
JEFFERSON COUNTY
This instrument was acknowledged before me on this day of ,
2020, by of THE CITY OF BEAUMONT, a' municipal
corporation domiciled in Jefferson County, Texas, whose name is subscribed to the foregoing
instrument and who is personally known to me, and acknowledged to me that the same was the act
of the said CITY OF BEAUMONT, and that he executed the same for the purposes and
consideration therein expressed and in the capacity stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2020.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy
P.O. Box 3827
Beaumont, TX 77704
5 FOOT WIDTH X 100 FOOT
.e,� ' LENGTH SIDEWALK EASEMENT
�,P r
WASHTON WITH THE WIDTH
,p BL D-" EXTENDING SOUTH FROM ^ THE
�
MOST NORTHERN PROPERTY LINE
r
PROPERTY ID ` , -ORER TY. -ID;
19014 190149
a° LOT .:• ti h' L0 °
1
BLOCK 1
CARVER
. hhh TERRACE= CE ^ �.
F
r
PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION
BEAUMONT
TEXAS
WASHINGTON BLVD
SIDEWALK EASEMENT SKETCH
EXi11BIT-A
DATE:
.0 20 2010
;R!8Ente�rgy
April 28, 2020
Ms. Antoinette Hardy Via Electronic Mail:
Mr. David Tingle
Mr. Bart Bartkowiak
City of Beaumont
801 Main Street, Second Floor
Beaumont, Texas 77701
Entergy Texas, Inc.
1050 Interstate 10 North
Beaumont, TX77702
Antoinette. H ardy(a�, B eaumontTexas. gov
D avid.Tingle(a,beaumonttexas. gov
B art.B artkowiaknn,beaumonttexas. gov
RE: Entergy Texas, Inc. Grant of Sidewalk Easement, Washington Boulevard, Beaumont,
Texas
Dear Ms. Hardy, Mr. Tingle and Mr. Bartkowiak:
Entergy Texas, Inc. ("ETI") appreciates the time you have taken with our representatives
to discuss the possibility of installing a sidewalk in the vicinity of ETI's Lincoln Substation located
on Washington Boulevard. As requested and subject to the negotiation of a mutually agreeable
easement, ETI is willing to grant a five-foot wide easement and right of way adjacent to the
Washington Boulevard road right of way along Washington Boulevard. The easement shall be
granted in consideration of the amount of $1.00 and shall not require the relocation of any ETI
existing facilities, whether those are associated with ETI's substation or the existing transmission
and/or distribution facilities in the vicinity of the proposed sidewalk easement.
As further consideration for such grant, ETI understands that the City will allow ETI to
continue accessing its Lincoln Substation from Washington Boulevard without the necessity of
filing a permit for such. To allow such continued access, the City has agreed to construct at the
City's sole cost and expense the driveway approach extending to the sidewalk off of Washington
Boulevard at the location of the existing ETI access gate into Lincoln Substation. The driveway
approach will match the width ofthe gate at the right of way line and widen out toward Washington
Boulevard as depicted in the attached sketch as provided by Mr. Tingle. Further, the driveway
approach and the adjacent sidewalk area shall be constructed to allow ingress and egress by ETI
vehicles or equipment with a weight of up to 31,300 pounds.
If this letter reflects the understanding of the City, please sign below and return to James
Burks' attention at hburks(aenteray.com.
Sincerely,
Todd Gallagher
Senior Manager, Grid
Entergy Texas, Inc.
Agreed and accepted this day of •� �/ ! , 2020.
THE CITY OF BEAUMONT, TEXAS
L' � L,
Signature
Printed Name
Title
k,u it , /�-a v e I
2
IIIIIIIIIIIIIIIIIIIIIIIII FAss 2020021933
STATE OF TEXAS § -"
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
SIDEWALK EASEMENT
THAT ENTERGY TEXAS, INC., hereinafter called "GRANTOR", for and in
consideration of the sum of ONE AND NO1100 DOLLAR ($1.00), and other good and valuable
consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled
in Jefferson County, Texas, hereinafter called "GRANTEE" or the "CITY", the receipt and
sufficiency of which consideration is hereby acknowledged, has GRANTED and CONVEYED,
and by these presents does GRANT and CONVEY unto the said CITY OF BEAUMONT, its
successors and assigns a right, privilege, and easement for sidewalk purposes in, over and across
that certain tract of land owned by GRANTOR in the CITY OF BEAUMONT, Jefferson County,
Texas, said easement described in Exhibit "A" attached hereto and made a part hereof for all
purposes.
The easement herein granted shall be used for the purpose of constructing, reconstructing,
and maintaining sidewalks, and the following rights are also hereby conveyed:
It is expressly understood and agreed that the City shall have the right of ingress to and
egress from the above described tract of land of the GRANTOR as well as beneath and below the
surface of the above described easement for the aforesaid purposes of this easement as long as
such ingress and egress does not impact, interfere with or affect the operations and use of the
Grantor's property by Grantor or its successors or assigns.
The City hereby agrees that upon any exercise of its rights hereunder, that it shall repair
any damage caused by the City and restore Grantor's property to the same condition as before
City's work, including the relocation of any subsurface improvements such as sprinkler lines. The
City also agrees that any work performed under this easement shall not deny pedestrian and
vehicular ingress and egress to and from Grantor's property. Acknowledging the limitations placed
upon municipalities by the State Constitution, the City agrees, only to the extent allowed by the
laws and Constitution of the State of Texas, to indemnify and hold Grantor, and any tenant of
Grantor, harmless from claims, actions, costs and damages arising from any injury suffered by
third parties due to the alleged negligence of the City under this easement.
The City acknowledges that Grantor shall have the authority to enter its property over the
easement herein granted.
The City acknowledges that Grantor's facilities, including its substation and its overhead
transmission and distribution lines supported by structures on or adjacent to Grantor's property are
conductors of high voltage electricity and that no person or object may touch or be brought in close
proximity to Grantor's facilities, and to do so or to permit such would endanger the life of the
person or persons so doing. The City agrees that it shall comply with all applicable requirements
regarding conducting work within the area of Grantor's facilities and shall adequately warn its
employees, contractors and agents of such.
TO HAVE AND TO HOLD the above described easement unto the CITY OF
BEAUMONT, Jefferson County, Texas, its successors and assigns forever.
[SIGNATURES ON SUCCEEDING PAGE]
EXECUTED this 1 day of LTUAe, , 2020.
GRANTOR: ENTER Y TEXAS, INC.
By:fil
�,� Y 9A A P—
Print Name:kd
Title: b1 rnot-rhr
ACKNOWLEDGMENT
STATE OF TEXAS
JEFFERSON COUNTY
This instrument was acknowledged before me on this ao� day of L. ,
2020, by jiltfta6 �. S%,ch* v s j of ENTERGY TEXAS, INC., whose name is
subscribed to the foregoing instrument and who is personally known to me, and acknowledged to
me that the same was the act of the said ENTERGY TEXAS, INC., and that he executed the same
for the purposes and consideration therein expressed and in the capacity stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this jkaday of G_ , 2020.
LESLIE MADDOX
�IeNota Public, State of Texas
a;t1Comm. Expires 06 25-2021 Not ry Public, State f Texas
Notary ID 126942601
GRANTEE: CITY OF BEAUMONT
By:
l
Print Name: C f
Title: •
ACKNOWLEDGMENT
STATE OF TEXAS
JEFFERSON COUNTY
k�-
This instrument was acknowledged before me on this day of
2020, by. I&A of THE CITY OF BEAUMONT, a municipal
corporation domiciled in Jefferson County, Texas, whose name is subscribed to the foregoing
instrument and who is personally known to me, and acknowledged to me that the same was the act
of the said CITY OF BEAUMONT, and that he executed the same for the purposes and
consideration therein expressed and in the capacity stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ( , 2020.
STEPHM E GANDY
My Notary 0 # 1261210M
:, :; ;�•'. Evhs May 22, 2023
RETURN TO:
City of Beaumont
Antoinette Hardy
P.O. Box 3827
Beaumont, TX 77704
*yvublic, State of Texas
elie,
� • .5 FOOT' WIDTH .X 100 'FOOT
_ _ - - • LENGTH '.SIDEWALK -EASEMENT
WITH. THE. WIDTH. `
- WASHINGTON. BL :E%TENDING- SOUTH "FROM THE.
- MOST NORTHERN PROPERTY LINE
rh 'gyp�A.;, a �'� '
_
�"r `r Aw'!, i; = �� ° _ ^.p.
-
- ,. L � � p _ ♦u... :. 'tom _ iy T ,*�` M ••..1�^ { ; .
PROPERTY 'ID :OPERI.YID r'
z i F 19014"' _ ,` -a x 19'Oif,4` rt ' i _ a^r
- f LOT_
- �.• - d'+�� . ,-�"' � .,Yy' .+ _ _ ter,'" J ,�'r��.� t.'? 3,1'� .
1 r _.__ . -.- - -_._ ��:BL•OCK�'•l;y _�';. _�{#�s•�y � ,�. �'x BLOCK 1� �' � � � � - -
r PT
�� VEi
r= f_'a �T -a
TERRACES ;� s'' 'CE .�°' �+ -
loo
-
' -.- _ _. �� ^. .�M; � r �,� �-.. - � � ', mot• .•'�"'� .. .. +, �P'./ _
.'a � :tea rv`-. �� � r•� * _ _ ,.� _r`.� ,
_ t�
PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION
13EAUMONT
TEXAS
WASHINGTON BLVD
SIDEWALK EASEMENT SKETCH
ESffiBPf—A
DATE:
0 28 2018
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Carolyn L. Guidry, County Clerk
Jefferson County, Texas
July 23, 2020 11:56:31 AM
FEE: $42.00 2020021933