HomeMy WebLinkAboutPR 20144: ENCROACHMENT AGREETMENT City of
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www.PortArthurTx.gov
INTEROFFICE MEMORAND U M
Date: February 28, 2018
To: The Honorable Mayor and City Council
Through: Mr. Harvey Robinson, Interim City Manager
From: Dr. Hani Tohme, P.E., Water Utilities Director .144
RE: P.R. 20144—Encroachment Agreement, Kenneth& Andrea Tongue
Introduction:
The intent of this Agenda Item is to seek City Council's approval for Interim City Manager to
approve the Utilities Encroachment.
Background:
In the course of designing an addition to the existing home at 5848 Sam Ave., a survey of the
property has indicated an encroachment of the proposed addition into a public utility easement
to the extent of 9 feet—4 inches leaving 5 feet—8 inches remaining in the easement.All existing
utilities are located in front of the property located at 5848 Sam Ave. and the existing easement
is not being used for the purpose of utility installations.
All utility companies were contacted to determine if the encroachments conflicted with their use
of the easement.None of the utilities were reported to be in conflict.
Budget Impact:
None.
Recommendation:
I recommend that the City Council approve Proposed Resolution No. 20144 authorizing the
execution of an Encroachment Agreement between the City of Port Arthur and Kenneth &
Andrea Tongue pertaining to a public utility easement whereupon an addition to the existing
home will be erected on Lot 5 &6, Skeff Addition No. 1, located at 5848 Sam Ave.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. No. 20144
March 13, 2018
Page 1 of 2
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION
OF AN ENCROACHMENT AGREEMENT BETWEEN
THE CITY OF PORT ARTHUR AND KENNETH AND
ANDREA TONGUE PERTAINING TO A PUBLIC
UTILITY EASEMENT WHEREUPON A STRUCTURE
WILL BE ERECTED ON LOT 5 & 6, SKEFF
ADDITION NO. 1, LOCATED AT 5848 SAM AVE. IN
THE CITY OF PORT ARTHUR.
WHEREAS,the City of Port Arthur and Kenneth& Andrea Tongue wish to enter into an
encroachment agreement as it pertains to a public utility easement along the rear(east side)of Lot 5
& 6, Skeff Addition No. 1, located at 5848 Sam Ave.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
THAT, the City Manager of the City of Port Arthur be and is hereby authorized and
instructed to execute on behalf of the City, an Encroachment Agreement between the City of Port
Arthur and Kenneth & Andrea Tongue pertaining to an encroachment upon the public utility
easement on Lot 5 & 6, Skeff Addition No. 1, located at 5848 Sam Ave. described in Exhibit"A",
attached and made a part hereof; and,
THAT, a certified copy of said Encroachment Agreement shall be filed for record 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.
P.R. No. 20144
March 13, 2018
Page 2 of 2
READ, ADOPTED, AND APPROVED THIS day of March, 2018, at a Regular
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
Mayor:
Councilmembers:
NOES:
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
44—r Valecia Tizeno
City Attorney
APPROVED FOR ADMINISTRATION:
Harvey Robinson
Interim City Manager
Dr. Hani Tohme, P.E.
Director of Utilities
EXHIBIT "A"
ENCROACHMENT AGREEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
This Agreement made this day of , 2018, by and between the
City of Port Arthur,a municipal corporation existing under the laws of the State of Texas,hereinafter
called"CITY" and Kenneth&Andrea Tongue,hereinafter called"OWNERS" as follows:
RECITALS
A. Kenneth & Andrea Tongue are the owners of that certain tract of land located at 5848
Sam Ave. hereinafter described as follows:
Lot 5 & 6, Skeff Addition No. 1 to the City of Port Arthur, Texas, as same appears
upon the plat thereof, on file and of record in Volume 8, Page 129 Map Records of
Jefferson County, Texas being more commonly known as 5848 Sam Ave., Port
Arthur, Texas.
B. A fifteen foot(15')wide utility easement over and across the Rear(East Side)of said Lot
5 & 6 was heretofore dedicated for use by public utilities.
C. There will be erected on the above described tract an addition to the home and
appurtenances that encroach onto the public utility easement,said encroachment is shown
on the attached drawing marked Exhibit"A".
D. The public utilities companies have expressed their general position that the
encroachment does not present any insurmountable operational maintenance conditions,
if said conditions are addressed by the terms of this Agreement.
NOW, THEREFORE, in consideration of this Agreement, and the benefits to the parties
hereof,the parties agree as follows:
1. OWNERS agree by virtue of the encroachment onto the public utility easement,that neither
they nor their representatives will prohibit the use of said public utility easement for its
intended purpose.
2. No additions,modifications,or extensions of said encroachment by the OWNERS shall be
permitted.
3. OWNERS shall make no claims against the CITY,its agents,or its Franchises for damages
to the encroachment as the result of removal,repair,servicing and/or replacement of utilities
within the herein described encroachment area.
4. OWNERS agree to indemnify and hold harmless the CITY,its agents,and its franchises for
any claims, expenses, losses, liability, demands or damages arising out of, or as an
unforeseen result of the existing encroachment that are detailed in the Agreement,and such
Agreement will be binding on OWNERS.
5. This Agreement shall also be binding upon the successors and assigns of the OWNERS.
However,the City of Port Arthur does not hereby undertake,purport, or represent that this
Agreement is binding on or affects any rights which may exist in such easement in favor of
any public or private utility other than the City of Port Arthur.
Signed and agreed to on the day of , A.D., 2018.
CITY OF PORT ARTHUR
Harvey Robinson, Interim City Manager
APPROVED AS TO FORM:
Valecia R. Tizeno, Attorney
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me on the day of ,2018,by
Harvey Robinson,Interim City Manager,of the City of Port Arthur, Texas, on behalf of the City of
Port Arthur.
Notary Public for the State of Texas
Signed and agreed to on the day of , A.D., 2018.
OWNERS:
Kenneth Tongue Andrea Tongue
THE STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me on the day of ,2018,by
Kenneth Tongue and Andrea Tongue.
Notary Public for the State of Texas
RETURN TO:
CITY OF PORT ARTHUR
ATTN: Dr. Hani Tohme, P.E.
Utilities Director
P. 0. Box 1089
Port Arthur, Texas 77641-1089
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37.T I PLAN I OWNER:
KENNETH TONGUE
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I I I 5r I I PORT ARTHUR TEXAS T1690
EXHIBIT "A" ! I
14 February 2018
To: City of Port Arthur
Permits Division
444 4th street
Port Arthur, Tx 77640
From: Kenneth &Andrea Tongue
5848 Sam Ave
Port Arthur, Tx 77640
(409) 527-0043
(409) 527-0042
Subj: Utility Easement access
To whom it may concern,
The attached documentation is submitted for your review and
approval. Briefly, we are requesting to build a metal building for utility/shop use
that will encroach 9' into a 15' city Utility Easement at the back of our property.
We have contacted and gained approval from all affected utility entities and now
seek approval from the City of Port Arthur.
Thank you for your consideration in this this matter.
Sincere) ,
111.111)4
Kenne B. Ton ue f
&d/lia:-- '
Andrea F. Tongue
Enclosures:
(1) Property Site Plan
(2) Entergy Letter
(3) Texas Gas Service Letter
(4) Time Warner Cable Letter
(5) AT&T Letter
`L1xTJ®GSA
Entergy
Right of Way Department,Entergy Texas
March 10,2010 60 North 111 Beaumont,Texas 77702
RE:No objection Letter for Encroachment of Garage addition located at 5848 Sam Ave.Port Arthur,TX.Jefferson County,
Texas.
To whom it may concern:
This is to inform you that Entergy has no objection to the installation of the instillation of a garage addition on the back,on or
near Entergy Texas Easements or Utility Easements located at 5848 Sam Ave.Port Arthur,TX.Jefferson County,Texas
Providing it does not interfere with the operation of Entergy's equipment or violate any OSHA rules or Entergy's standards
and regulations.
Please note there may be overhead or underground electrical conductors of high voltage within said easements and extreme
caution should be exercised when working in the vicinity of these conductors. Contact with them could cause serious injury
and/or death to a person or persons contacting them.As per OSHA Regulations a 10 foot clearance from the overhead
conductors should be maintained when working in the vicinity of these conductors.
If digging is necessary in the vicinity of underground facilities,please call Texas One Call System at 800-245-4545 at least
48 hours prior to digging.
Should you have any questions feel free to call me at 409-785-2266.
Sincerely,
Jeffrey Richard
Right of Way Agent.
Entergy Texas
TEXAS GAS SERVICE
A DIVISION OF ONEOK
08/28/08
Kenneth Tongue
5848 Sam Ave
Port Arthur, Tx77640
Fee: Easement Abandonment
Subject: 5848 Sam Ave. Port Arthur, TX
Texas Gas Service operates and maintains a gas main in the street right of way
and has no_objection to abandonment of easement between lots 5/6.
If I can be of future service, please contact me at 409-963-7110 or 4201 39th St
Port Arthur.
Sincerely,
Eli Roserts
Acting C & M Supervisor
4201 39th Street• Port Arthur,Texas 77642-2229
www.texasgasservice.com
�.VL _ 3
602 N.Hay.69
Nederland, Texas 77627
(409) 727-1515
Fax(409)727-5050
'TIME WARNER
CABLE
August 18, 2008
Mr. Kennith Tongue
5848 Sam Ave
Port Arthur,Texas 77640
RE: Easement Encroachment
At Address Referenced Above
Dear Mr.Tongue:
After review of the rear easement located at the address referenced above I have found
that we do not have any facilities in the rear easement and do not believe the
encroachment will impact our facilities therefore have no objection to the encroachment
if I can be of further assistants I can be contacted at(409)720-5582 or(409)727-1515.
Thank You,
Michael Birchfield
-k \\\jt;-)14'
Construction Supervisor
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a`stt ]ay Romero AT&T Texas T:409-839-6123
` Manager-Engineering Design 555 Main-Room 208 F:409-839-6904
�►",+--��� Construction&Engineering Beaumont,Texas. 77701 Dr9759@att.com
(SWBT)
September 2, 2008
RE: EASEMENT ENCROACHMENT—5848 SAM AVE —7 67- s'
•-•J
•-•J
To Whom It May Concern:
In reference to Kenneth Tongue request to encroach with a pool apron onto the rear
easement at 5848 Sam Ave, Port Arthur, Texas.
AT&T has no objections to the proposed encroachment and should have no problem with
our facilities.
Any questions may be referred to me at(409)839-6123.
Sincerely,
Jay Romero
prroW Sponse,of the US Otymplt Team
C.*t,/CL