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HomeMy WebLinkAboutRES 22-250RESOLUTION NO.22-250 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Temporary Aerial Easement Agreement with Entergy Texas Inc.,. The agreement is substantially in the form attached hereto in Exhibits "B" and "C", for the installation of a temporary power line to feed trailers on its property located at 8630 Eastex Freeway. The Aerial Easement is described as being 0.2438-acre tract of land out of and part a called 139.21-acre tract of land situated in the W. Dikes League, Abstract No. 17, City of Beaumont, Jefferson County, Texas. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all 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 11th day of October, 2022. OAQ,v "°' # -Mayor Robin Manton - 11 1` WINDROSE LAND SURVEYING f PLATTING Exhibit "A" DESCRIPTION OF TEMPORARY AERIAL EASEMENT 0.2438 OF AN ACRE OR 10,622 SQ. FT. A TRACT OR PARCEL CONTAINING 0.2438 OF AN ACRE OR 10,622 SQUARE FEET OF LAND SITUATED IN THE WESLEY DIKES LEAGUE, ABSTRACT NO. 17, BEING OUT OF A CALLED 139.21 ACRE TRACT (SAVE AND EXCEPT 40 AC.) DESCRIBED IN DEED TO ENTERGY TEXAS, INC., RECORDE❑ UNDER JEFFERSON COUNTY CLERK'S FILE (J.C,C.F.) NO, 2020024254, WITH SAID 0,2438 OF AN ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUND AS FOLLOWS, WITH ALL BEARINGS BASED ON THE TEXAS PLANE COORDINATES SYSTEM, SOUTH CENTRAL ZONE (NAD 83); COMMENCING, AT A 1 /2 INCH IRON ROD FOUND ON THE NORTHEAST RIGHT-OF-WAY (R.OW.) LINE OF HIGHWAY 69, (R.O.W. VARIES), RECORDED UNDER VOL. 902, PG. 96, JEFFERSON COUNTY DEED RECORDS (J.C.D.R.) FOR THE SOUTHWEST CORNER OF A CALLED 40.00 ACRE TRACT DESCRIBED IN DEED TO MONROE FAMILY PARTNERS, LTD., J.C.C.F, NO. 2019014373 AND THE NORTHWEST CORNER OF SAID 139,2) ACRE TRACT; THENCE, SOUTH 19 DEG. 39 MIN. 12 SEC. EAST, WITH THE NORTHEAST R.O.W. LINE OF SAID HIGHWAY 69, A DISTANCE OF 159.81 FEET TO THE POINT OF BEGINNING AND THE NORTHWEST CORNER OFTHE HEREIN DESCRIBED EASEMENT; THENCE, OVER AND ACROSS SAID 139.21 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 70 DEG. 20 MIN. 48 SEC. EAST, A DISTANCE OF 157.43 FEET TO AN ANGLE POINT OF THE HEREIN DESCRIBED EASEMENT; NORTH 79 DEG, 25 MIN, 12 SEC, EAST, A DISTANCE OF 366.57 FEET TO AN ANGLE POINT OF THE HEREIN DESCRIBED EASEMENT; NORTH 89 DEG. 27 MIN. 34 SEC. EAST, A DISTANCE OF 186.64 FEET TO THE NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; SOUTH 00 DEG. 32 MIN. 26 SEC, EAST, A DISTANCE OF M.00 FEET TO THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; SOUTH 89 DEG. 27 MIN, 34 SEC. WEST, A DISTANCE OF 185.32 FEET TO AN ANGLE POINT OF THE HEREIN DESCRIBED EASEMENT; SOUTH 79 DEG, 25 MIN. 12 SEC. WEST, A DISTANCE OF 364,06 FEET TO AN ANGLE POINT OF THE HEREIN DESCRIBED EASEMENT; SOUTH 70 DEG. 20 MIN. 48 SEC. WEST, A DISTANCE OF 156,24 FEET TO A POINT ON THE NORTHEAST R.O,W, LINE OF SAID HIGHWAY 69, SAME BEING THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE, NORTH 19 DEG. 39 MIN. 12 SEC. WEST, WITH THE NORTHWEST R.O.W. LINE OF SAID HIGHWAY 69, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.2438 OF AN ACRE OR 10,622 SQUARE FEET OF LAND, AS SHOWN ON JOB. NO.55468-TEMP-AE-I. PREPARED BY WINDROSE LAND SERVICES. L CAS G. DAVIS R.P1.5. NO. 6599 STATE OF TEXAS FIRM REGISTRATION NO. 10108800 EXHIBIT "A" 9/08/2022 DATE SHEET 2 OF 2 713.458.2281 1 11111 RICHMOND AVE, STE 150, HOUSTON, TX 77082 STATE OF TEXAS § COUNTY OFJEFFERSON § TEMPORARY AERIAL EASE, NIL, NT - YNTERGY TEXAS, INC KNOW ALL MEN BY TBESE PRESENTS THAT: The CITY OF BEAUMONT, 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 Etitergy Texas, Inc. and its successors and assigns, collectively "Grantee", a temporary right-of-way, servitude and easement ("Right -of - Way') for the serial location, construction, reconstruction, improvements, repairs, operation, inspection, patrol, replacement and maintenance of electric power and corrunwiication facilities ("Grantee Facilities"), or the removal thereof, for a period not to exceed thirty-six (36) months, including, but not necessarily lunited to poles, cross aims, 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; A Tract or Parcel containing 0.2438 of an acre or 10,622 square feet of land situated in the Wesley Dikes League, Abstract No. 17, being out of a called 139.21 acre tract (save and except 40 acres) described in deed to Entergy Texas, Inc,, recorded under Jefferson County Clerk's file (1.C.C.F.) No. 2020024254. See Exhibits A and B. The Right -of -Way granted is in the area as shown by the attached Exhibits A and B 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 front the Right -of -Way across the adjoining land of the Grantor. Grantee shall have the right 10 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 shalt 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 farther 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, ]louse, 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. IN WITNESS WHEREOF, Grantor, by and through its authorized representative, has executed this Right -of -Way Instrument on this _ day of 12022. GRANTOR: CITY OF BEAUMONT Signature Kenneth R. Williams - City Manager AC10OWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this day of , 2022 by Kenneth R, Williams, as the City Manager and authorized representative of the City of Beaumont. (Stamp or Seal) Notary Public, State of Texas Commission. expires: Space Below Reserved For County Clerk's Recordin$z Information After recording, return to: Rntcrgy Texas, Inc, c/o Corpornto heal Estnte, 639 Loyola Avenue, L-LNTAB, New Orleans, LA 70113 EXHIBIT "B" LJ '1� Lp d'�10 H • oM iV io 4N� d- • of N MGM P-: ED to WM��ia 4'f o mw�wppwww3333 ~'IDZNd��c�yMN�cV Z �J10 u'1 i�N�. igOQ, O/CJ o10 a1 a1 O Uf cnzzzcncnsncnz Ld z- mnoorn L5 J \ J N \ v 1Q O \ \ Q \ \ N � M \ ¢tea \ �Z L U \ ooq z� 4 C\ f V9 O 0. U� o a� q zo Ewa a N yr w �y o uta� � o o n m W No F^ a W PiL 0 PiL Wi Ix O O+„ FZN Q AP 5W2 zW 2 UA } 4 mm i oaf rit nm �oaa ap 8. r c4 Ni 4 U n Q In rfiU0N pCOZ �1 Z�ZU U7WU o� N r 6 � �tz 311 II Y 89 86pAR�s� °.a• Q. •G. , vp1. go2P W xQ W Z Z LU QU cnwwZ =()0 UJ n F= �-- Z 0��� a V� w LL 0 U If m_ W IIIIIRIIIIIIIVIIIIIIIII � "� '°°' STATE OF TEXAS COUNTY OF JEFFEISON TEMPORARY AERIAL EASEMENT - ENTERGY TEXAS, INC. KNOW ALL MEN BY THESE PRESENTS THAT: The CITY OF BEAUMONT, 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 band paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, assign, convey unto and wan -ant and defend Entergy Texas, Inc. and its successors and assigns, collectively "Grantee", a temporary right-of-way, servitude and easement ("Right -of - Way") for the aerial location, construction, reconstruction, improvements, repairs, operation, inspection, patrol, replacement and maintenance of electric power and communication facilities ("Grantee Facilities"), or the removal thereof; for a period not to exceed thirty-six (36) months, 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: A Tract or Parcel containing 0.2438 of an acre or 10,622 square feet of land situated in the Wesley Dikes League, Abstract No. 17, being out of a called 139,21 acre tract (save and except 40 acres) described in deed to Entergy Texas, Inc., recorded under Jefferson County Clerk's file (J.C.C.F.) No. 2020024254. See Exhibits A and B. The Right -of --Way granted is in the area as shown by the attached Exhibits A and B hereto attached and made a part hereof. Unless otherwise herein specifically provided, the center Iine 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 Otanteo 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 atljoiniog 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. IN WITNESS WHEREOF, Grantor, by, an through its authorized representative, has executed this Right -of -Way Instrument on this ( 7- day of t , 2022. GRANTOR: WC1.UMONT Signature Kenneth R. Williams- City Manager ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on this AYA day of ©C-4.4 r 2022 by Kenneth R. W111is as the City Manager and authorized representative, of the City of Beaumont. ANGELMAR1E THOMAS 5TT=I) ���/ Ll� CLe� G �/L'Iilg7'ililli�� Notary I1(Sis>��T31) +� My Commission Expires Notary Public, State of Texas ov August 13, 2025 Commission expires: +_ 172T Space Below Reserved For County Clerk's Recording Information After recarding, return to: Entergy Texas, Ine., rho Corporate Real Estate, 639 Loyola Avenue, L-ENT411, New Orleans, LA 70113 ME Wr WINDROSE LAND SURVEYING I PLAT7tNG Exhibit "A" DESCRIPTION OF TEMPORARY AERIAL. EASEMENT 0.2438 OF AN ACRE OR 10,622 SQ. FT. A TRACT OR PARCEL CONTAINING 0.243E OF AN ACRE OR 10,622 SQUARE FEET OF LAND SITUATED IN THE WESLEY DIKES LEAGUE, ABSTRACT NO, 17, BEING OUT OF A CALLED 139.21 ACRE TRACT (SAVE AND EXCEPT 40 AC.) DESCRIBED IN DEED TO ENTERGY TEXAS, INC., RECORDED UNDER JEFFERSON COUNTY CLERK'S FILE (J.C.C.F.) NO. 2020024254, WITH SAID 0.2438 OF AN ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUND AS FOLLOWS, WITH ALL BEARINGS BASED ON THE TEXAS PLANE COORDINATES SYSTEM, SOUTH CENTRAL ZONE (NAD 83); COMMENCING, AT A 1/2 INCH IRON ROD FOUND ON THE NORTHEAST RIGHT-OF-WAY (R.OW.) LINE OF HIGHWAY 69, (R.O.W. VARIES), RECORDED UNDER VOL. 902, PG. 96, JEFFERSON COUNTY DEED RECORDS (J.C.D.R.) FOR THE SOUTHWEST CORNER OF A CALLED 40.00 ACRE TRACT DESCRIBED IN DEED TO MONROE FAMILY PARTNERS. LTD., J.C.C.F. NO.2019014373 AND THE NORTHWEST CORNER OF SAID 139.21 ACRE TRACT; THENCE. SOUTH 19 DEG. 39 MIN. 12 SEC. EAST, WITH THE NORTHEAST R.O.W. LINE OF SAID HIGHWAY 69, A DISTANCE OF 159.81 FEET TO THE POINT OF BEGINNING AND THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT: THENCE, OVER AND ACROSS SAID 139.21 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 70 DEG. 20 MIN. 48 SEC. EAST, A DISTANCE OF 157.43 FEET TO AN ANGLE POINT OF THE HEREIN DESCRIBED EASEMENT; NORTH 79 DEG. 25 MIN. 12 SEC. EAST, A DISTANCE OF 366.57 FEET TO AN ANGLE POINT OF THE HEREIN DESCRIBED EASEMENT; NORTH 89 DEG. 27 MIN. 34 SEC. EAST, A DISTANCE OF 186.64 FEET TO THE NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; SOUTH 00 DEG. 32 MIN. 26 SEC. EAST. A DISTANCE OF 15.00 FEET TO THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; SOUTH 89 DEG. 27 MIN. 34 SEC, WEST, A DISTANCE OF 185.32 FEET TO AN ANGLE POINT OF THE HEREIN DESCRIBED EASEMENT: SOUTH 79 DEG. 25 MIN. 12 SEC. WEST, A DISTANCE OF 364.06 FEET TO AN ANGLE POINT OF THE HEREIN DESCRIBED EASEMENT; SOUTH 70 DEG. 20 MIN. 48 SEC. WEST, A DISTANCE OF 156.24 FEET TO A POINT ON THE NORTHEAST R.O.W. LINE OF SAID HIGHWAY 69, SAME BEING THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE, NORTH 19 DEG. 39 MIN. 12 SEC, WEST, WITH THE NORTHWEST R.O.W. LINE OF SAID HIGHWAY 69, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.2438 OF AN ACRE OR 10,622 SQUARE FEET OF LAND, AS SHOWN ON JOB. NO.55468-TEMP-AE-1. PREPARED BY WBJDROSE LAND SERVICES. 9CAS�G. DAVIS R.P.L.S. NO.6599 STATE OF TEXAS FIRM REGISTRATION NO. 10108800 9/08/2022 DATE SHEET 2 OF 2 713.458.2281 1 11111 RICHMOND AVE. STE 150, HOUSTON, TX 77082 \ CALLED 40.00 ACRES MONROE FAMILY PARTNERS, LTD., — —� J.C.C.F. NO. 2019014373— P.O.C. — — — �— — MM ORARY AERIAL EASEMENT � 1/z' HiO — a24 38 AC / 10,622 Sa Fr L4 / E-ti P.O.S. \ / ar 0' 0. to \ l 1. NORTH SO&Z r - TDa ONE TABLE ONE I BEARING DISTANCE L1 S 1n9'12" E 159.81' L2 N 70'20'48" E 157.43' L3 N .7925'12' E 366.57' L4 N 8927'34 E 186.64 LS S 00'32726" E 15.00' L6 S 89'27 34' W 185.32 L7 251 364.06 ' SS T7 04L.8 02W 156.24' L9 N 19'39'12' W 1 15.00' GENERAL NOTES 1. SURVEYOR DID NOT ABSTRACT SUBJECT PROPERTY. THIS SURVEY WAS PREPARED WITHOUT THE CALLED 139.21 ACRES EFI BENT OF A CURRENT 71TLE REPORT OR ABSTRACTORS CERTIFICATE AND WOULD BE SUBJECT TO (SAVE AND EXCEPT 40 AC.) C�ERYTIAN CONDMONS OR RESTRICTIONS THAT A CURREKf TITLE REPORT OR ABSTRACTORS gNTERGY TEXAS, INC. J.C.0 F. NO. 2D2D024254 4. BEARINGS WERE BASED ON 7HE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE (Nmas) 3. THS EXHIBIT IS ACCOMPANIED BY A SEPARATE UETFS AND BOUNDS DESCRIPTION. 4. THIS EXHIBIT DOES NOT IMPLY 70 BE A LAND TITLE SURVEY OF THE SUBJECT PROPERTY AND IS NOT INTENDED TO BE USED FOR TITLE CONVEYANCE PURPOSES. Exhibit "B" EXHIBIT OF TEMPORARY AERIAL EASEMENT SITUATED IN THE - WESLEY DIKES LEAGUE, A-17 CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS I`CERTIF' TH1818 A•TRE COPY VVAnem my Hand and Seal of Off ce OCT 14 LAURIE'LEISTER, 99NTY CLERK JE FER N COU S BY PUTY y FILEb AND RECORDED OFFICIAL PUBLIC RECORDS 0�94� Laurie Leister, County Clerk Jefferson County, Texas October 14, 2022 12:59:44 PM FEE: $34.00 2022035065