HomeMy WebLinkAboutPR 21337: AUTHORIZING THE EXECUTION OF AN ENCROACHMENT AGREEMENT ,, .
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INTEROFFICE MEMORANDUM
Department of Development Services
Division of Planning and Zoning
Date: March 23, 2020
To: The Honorable Mayor and City Council
Through: Ronald "Ron" Burton, City Manager
From: Pamela D. Langford, Director of Development Services 0.-
RE:
P.R. NO. 21337—A resolution authorizing the execution of an
encroachment agreement
Introduction:
This Agenda Item intends to seek the City Council's approval for P.R. NO.21337,authorizing
the execution of an encroachment agreement between the City of Port Arthur, Stitch
Properties, LLC, and the Port of Port Arthur certain improvements which encroaches by 3.6
feet on the one hundred (100') foot wide dedicated public right-of-way of Houston Avenue,
and 0.9 feet on the sixty(60')foot wide dedicated public right-of-way of Fourth Street, namely
a one-story metal commercial building on concrete slab, adjacent of Lots 17 and 18, Block
136, City Addition, located at 320 Houston Avenue, Port Arthur, Jefferson County, Texas.
Background:
During the closing process of the property sale by Stitch Properties, LLC to the Port of Port
Arthur, a survey of the property indicated a 3.6-foot and 0.9-foot encroachment of the one-
story metal commercial building on concrete slab (i.e. Machine Shop) onto the dedicated
public rights-of-way, known as Houston Avenue and Fourth Street. The building permit was
issued in March 1984. We are being asked by the seller/buyer to prepare an encroachment
agreement for the sell of said property.
Budget Consideration:
None
Recommendation:
It is recommended that the City Council approve P.R. NO. 21337, authorizing the execution
of an encroachment agreement between the City of Port Arthur, Stitch Properties, LLC, and
the Port of Port Arthur certain improvements which encroaches by 3.6 feet on the one
hundred (100') foot wide dedicated public right-of-way of Houston Avenue, and 0.9 feet on
the sixty (60') foot wide dedicated public right-of-way of Fourth Street, namely a one-story
metal commercial building on concrete slab, adjacent of Lots 17 and 18, Block 136, City
Addition, located at 320 Houston Avenue, Port Arthur, Jefferson County, Texas.
"Remember we are here to serve the Citizens of Port Arthur"
P.O.BOX 1089•PORT ARTHUR,TEXAS 77641-1089•409/983-8101 •FAX 409-982-6743
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PORT ARTHUR
INTERNATIONAL
March 25, 2020 PUBLIC PO ' T
City of Port Arthur,Texas
Attention: Ron Burton, City Manager
444 4th Street
Port Arthur, TX 77640
Dear Ron,
As you know, the Port of Port Arthur has entered into an agreement with Stitch Properties,
LLC to purchase certain real property in Port Arthur. Upon obtaining a survey, encroachments
were identified on adjacent property owned by the City of Port Arthur. The Port has requested
that prior to closing the Port's purchase of the property, the City enter into an encroachment
agreement with Stitch pursuant to which the City grants to Stitch, and its successors and assigns
(including the Port)the right for the building encroachment into Houston Avenue and Fourth Street
(Lots 17 & 18, Block 136, City of Port Arthur) to remain in its present location.
Further, this will confirm the Port's agreement that within 120 days of closing, the Port
agrees at its own expense to complete the following:
a. Remove and relocate chain link fence that is encroaching into 4th Street right of
way.
b. Remove existing fence encroaching into the Rev. Ransom Howard Drive right of
way(Lots 4& 5, Block 102).
c. Remove existing fence encroaching into the 20' wide alley(Lots 4&5,Block 102)
Should you have any questions or comments concerning this letter, please do not hesitate
to contact me. Otherwise, on behalf of the Port of Port Arthur,thanks to you and the City Council
for your favorable consideration of the encroachment agreement at the next Council meeting.LiSinc rely,
K; ley
Ex uti - Po Director/CEO
Box 1428 • Port Arthur,Texas 77641 • 409-983-2011 • Fax 409-983-7572 • portpa.com
P.R.NO.21337
03/20/2020 PDL
PAGE 1 OF 12
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF AN ENCROACHMENT
AGREEMENT BETWEEN CITY OF PORT ARTHUR AND STITCH PROPERTIES,
LLC FOR THE PROPERTY LOCATED AT 320 HOUSTON AVENUE, PORT
ARTHUR, TEXAS
WHEREAS, the City of Port Arthur and Stitch Properties, LLC wish to enter into an encroachment
agreement for certain improvements which encroaches by 3.6 feet on the one hundred (100') foot wide
dedicated public right-of-way of Houston Avenue, and 0.9 feet on the sixty (60') foot wide dedicated public
right-of-way of Fourth Street, namely a one-story metal commercial building on concrete slab, adjacent of
Lots 17 and 18, Block 136, City Addition, located at 320 Houston Avenue (also called 300 block Houston
Avenue), Port Arthur, Jefferson County, Texas, as depicted in Exhibit"A"; and,
WHEREAS, it is deemed in the best interests of the citizens of Port Arthur to approve an
Encroachment Agreement with Stitch Properties, LLC; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, that the City Manager is hereby authorized and directed to execute on behalf of the City, an
Encroachment Agreement between the City of Port Arthur and Stitch Properties, LLC for certain
improvements which encroaches by 3.6 feet on the one hundred (100') foot wide dedicated public right-of-
way of Houston Avenue, and 0.9 feet on the sixty (60') foot wide dedicated public right-of-way of Fourth
Street, namely a one-story metal commercial building on concrete slab, adjacent of Lots 17 and 18, Block
136, City Addition, located at 320 Houston Avenue (also called 300 block Houston Avenue), Port Arthur,
Jefferson County, Texas, as depicted in Exhibit"A".
THAT a certified copy of the Encroachment Agreement shall be filed for record in the office of the
County Clerk of Jefferson County, Texas, in substantially the same form attached hereto as Exhibit"B".
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council.
P.R.NO.21337
03/20/2020 PDL
PAGE 2 OF 12
READ, ADOPTED AND APPROVED THIS day of March,A.D., 2020, at a Regular Meeting
of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
Mayor:
Councilmembers:
Noes:
Thurman Bill Bartie, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
Valecia"Val" Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Ronald "Ron" Burton, City Manager
C'/ C .
Albe lefano, P.E., Director of Public Works
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Pamela D. Langford, Director of velopment Services
P.R.NO.21337
03/20/2020 PDL
PAGE 3 OF 12
EXHIBIT "A"
P.R.NO.21337
03/20/2020 PDL
PAGE 4OF12
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P.R.NO.21337
03/20/2020 PDL
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P.R.NO.21337
03/20/2020 PDL
PAGE 6 OF 12
EXHIBIT " B"
P.R.NO.21337
03/20/2020 PDL
PAGE 7 OF 12
ENCROACHMENT AGREEMENT
STATE OF TEXAS
KNOWN ALL MEN BY THESE PRESENTS:
JEFFERSON COUNTY
This Agreement made this 31St day of March, 2020, by and between the City of Port Arthur, a
municipal corporation existing under the laws of the State of Texas, hereinafter called "Grantor and Stitch
Properties, LLC, hereinafter called "Grantee" as follows:
RECITALS
A. The City Addition is a subdivision in the City of Port Arthur, Jefferson County, Texas the plat for said
subdivision having been filed for record in Volume 1, Page 50, Map Records, Jefferson County,
Texas.
B. Stitch Properties, LLC, have heretofore been owner in fee of that certain tract and parcel of land
located in said subdivision described as follows:
Lots 17 and 18, Block 136 of City Addition, Port Arthur, Jefferson County, Texas,
said subdivision being recorded in Volume 1, Page 50, Map Records of Jefferson
County, Texas, and being more commonly described as 320 Houston Avenue
(also called 300 block Houston Avenue), Port Arthur, Texas(the"Property").
C. The Port of Port Arthur, pursuant to Letter dated March 24, 2020, desires to purchase the Property
from Stitch Properties, LLC by deed.
D. The attached survey indicates that there is now erected on Lots 17 and 18, Block 136, City Addition,
certain improvements which encroaches by 3.6 feet on the one hundred (100') foot wide dedicated
public right-of-way of Houston Avenue, and 0.9 feet on the sixty(60')foot wide dedicated public right-
of-way of Fourth Street, namely a one-story metal commercial building on concrete slab, adjacent of
Lots 17 and 18, Block 136, City Addition, located at 320 Houston Avenue (also called 300 block
Houston Avenue), Port Arthur, Jefferson County, Texas, as depicted in Exhibit "A" attached hereto
and made a part hereof(the "Encroachment").
E. Grantee and Grantor have agreed that the Encroachment is to remain in the present location under
the terms and conditions set forth herein.
NOW THEREFORE, for valuable considerations, the receipt and sufficiency of which are hereby
acknowledged,Grantor hereby grants and conveys to Grantee,its heirs,successors and assigns as owners of the
Property an easement to allow the Encroachment to remain in its present location. The easement shall be over
that portion of Grantor's property that is encroached by the building as reflected in Exhibit A. This easement is
granted upon the following terms and conditions:
P.R.NO.21337
03/20/2020 PDL
PAGE 8 OF 12
1. Grantee agrees that the Encroachment is on property owned by Grantee as of the date of this
Agreement.
2. This easement is granted to allow the Encroachment to remain in its present location and to allow
Grantee and its successors and assigns to access and to repair and maintain the Encroachment and
easement area. Grantee and its successors and assigns shall not erect any other improvements in
the easement area.
3. Grantee agrees by virtue of the Encroachment onto the rights-of-way that they will not prohibit the
use of the rights-of-way for its intended purpose.
4. No additions or extensions of the Encroachment, other than as needed for maintenance and repairs,
by Grantee or its successors and assigns are to be permitted.
5. Neither Grantee or its successors and assigns shall make any claims for damages against Grantor
or its Franchisees as a result of the existing Encroachment or for removal and replacement of said
Encroachment.
6. To the extent allowed by applicable law, Grantee and its successors and assigns agree to indemnify
and hold harmless Grantor and its Franchisees for any claims, expenses, losses, liability, demands
or damages arising out of, or as an unforeseen result of the Encroachment that are detailed in this
Encroachment Agreement, and such Agreement will be binding on Grantee, its successors and
assigns.
7. That this Agreement shall be binding upon the successors and assigns of the parties hereto.
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 said easement in favor of any public or private
utility other than the City of Port Arthur.
In witness whereof, the parties hereto have executed this Agreement effective as of the day
of , 2020.
GRANTEE:
Stitch Properties, LLC
By:
Name:
Title:
P.R.NO.21337
03/20/2020 PDL
PAGE 9 OF 12
GRANTOR:
City of Port Arthur, Texas, a municipal corporation
By:
Name: Ronald "Ron" Burton
Title: City Manager
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
The foregoing instrument was acknowledged before me this day of ,
2020, by , as of Stitch Properties,
LLC, on behalf of said entity.
Signature of Notary Public
SEAL
Printed Name of Notary Public
My Commission Expires:
P.R.NO.21337
' 03/20/2020 PDL
PAGE 10 OF 12
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
The foregoing instrument was acknowledged before me this day of ,
2020, by Ronald Burton , as City Manager of the City of Port Arthur, a municipal
corporation, its capacity as owner of rights-of-way as depicted in Exhibit"A" attached hereto and made a part
hereof, and on its behalf.
Signature of Notary Public
SEAL
Printed Name of Notary Public
My Commission Expires:
P.R.NO.21337
03/20/2020 PDL
PAGE 11 OF 12
EXHIBIT A
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P.R.NO.21337
03/20/2020 PDL
PAGE 12 OF 12
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