HomeMy WebLinkAboutPR 21685: ENCROACHMENT AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND EGIA PROPERTY MANAGEMENT, LLC i7F
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INTEROFFICE MEMORANDUM
Date: December 10,2020
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Alberto Elefano, P.E., Public Works Director
RE: P.R.No. 21685: Encroachment Agreement between the City of Port Arthur and EGIA Property
Management, LLC
Introduction:
The intent of this Agenda Item is to seek the City Council's approval of Proposed Resolution No. 21685,
authorizing the execution of an encroachment agreement between the City of Port Arthur and EGIA Property
Management,LLC for certain improvements which encroaches on the dedicated public right-of-way of Houston
Avenue and West Railroad Ave., namely a one story commercial brick and a one story metal building on
concrete slabs for the property located at 817 Houston Avenue; being Lots Numbered One (1) through (15),
Block 74, City of Port Arthur Addition, Jefferson County, Texas.
Background:
During the closing process of the property sale by EGIA Property Management to the Port of Port Arthur,a survey
indicated the property at 817 Houston Avenue encroaches on the City's dedicated public rights of way as follows:
1. 1-story brick building on concrete slab crosses 5 feet over property line on Houston Ave.; and
2. Covered concrete attached to 1-story brick building on concrete slab is 6.7 feet over property line on Houston
Ave.; and
3. 1-story Metal building on concrete slab is 5 feet over property line on Houston Ave.; and
4. Covered concrete attached to 1-story metal building on concrete slab is 3.1 feet over property line on Houston
Ave.; and
5. 1-story metal building on concrete slab is 0.5 feet over property line on West Railroad Ave.
EGIA Property Management is now requesting an encroachment agreement from the City of Port Arthur in order
to proceed with the conveyance of said property.
Budget Impact:
None
Recommendation:
It is recommended that the City Council approve PR No. 21685, authorizing the execution of an encroachment
agreement between the City of Port Arthur and EGIA Property Management, LLC for certain improvements
which encroaches on the dedicated public right-of-way of Houston Avenue and West Railroad Ave., namely a
one story commercial brick and a one story metal building on concrete slabs for the property located at 817
Houston Avenue;being Lots Numbered One(1)through(15),Block 74, City of Port Arthur Addition,Jefferson
County, Texas.
"Remember,we are here to serve the Citizens of Port Arthur"
444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
PR No. 21685
12/10/20 mje/ht
Page 1 of 5
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
ENCROACHMENT AGREEMENT BETWEEN THE CITY OF PORT
ARTHUR AND EGIA PROPERTY MANAGEMENT, LLC OF PORT
ARTHUR, TEXAS FOR PROPERTY LOCATED AT 817 HOUSTON
AVENUE, PORT ARTHUR, TEXAS.
WHEREAS, Seller, EGIA Property Management, LLC was is in the process of conveying
property to Buyer, Port of Port Arthur, when a survey discovered that said property encroaches
on the dedicated public right-of-way of Houston Avenue and West Railroad Ave., namely a one
story commercial brick and a one story metal building on concrete slabs for the property located
at 817 Houston Avenue; being Lots Numbered One (1) through (15), Block 74, City of Port
Arthur Addition, Jefferson County, Texas, as depicted in Exhibit "A"; and
WHEREAS, EGIA Property Management is now requesting that the City of Port Arthur to
enter into an encroachment agreement for the following property encroachments:
1. 1-story brick building on concrete slab crosses 5 feet over property line on Houston Ave.;
and
2. Covered concrete attached to 1-story brick building on concrete slab is 6.7 feet over
property line on Houston Ave.; and
3. 1-story Metal building on concrete slab is 5 feet over property line on Houston Ave.; and
4. Covered concrete attached to 1-story metal building on concrete slab is 3.1 feet over
property line on Houston Ave.; and
5. 1-story metal building on concrete slab is 0.5 feet over property line on West Railroad
Ave.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR:
THAT, the City Manager is hereby authorized and directed to execute on behalf of the
City, an Encroachment Agreement, in substantially the same form, attached hereto as Exhibit
"B" between the City of Port Arthur and EGIA Property Management, LLC of Port Arthur, Texas
for certain improvements which encroaches on the dedicated public right-of-way of Houston
Avenue and West Railroad Ave., namely a one story commercial brick and a one story metal
building on concrete slabs for the property located at 817 Houston Avenue; being Lots Numbered
PR No. 21685
12/10/2020 mje
Page 2 of 5
One (1) through (15), Block 74, City of Port Arthur Addition, Jefferson County,Texas, as depicted
in Exhibit "A"; and
THAT, a certified copy of the 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.
READ, ADOPTED AND APPROVED this the day of , A.D. 2020 at a
meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Thurman "Bill" Bartle
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
b.e_ou
Valecia Tiz o
City Attorney
PR No. 21685
12/10/20 mje/ht
Page 3 of 5
APPROVED FOR ADMINISTRATION
Ronald "Ron" Burton
City Manager
Alberto Elefano, P.E.
Director of Public Works
PR No.21685
12/10/2020 mje
Page 4 of 5
Exhibit "A"
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PR No.21685
12/10/20 mje/ht
Page 5 of 5
Exhibit "B"
ENCROACHMENT AGREEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
This Agreement made this day of , 2020, by and
between the City of Port Arthur, a municipal corporation existing under the State of Texas,
hereinafter called "Grantor" and EGIA Property Management, LLC hereinafter called
"Grantee" as follows:
A. The City Addition is a subdivision in the City of Port Arthur, Jefferson County,
Texas the plat for said subdivision having been filed of map records in Jefferson
County, Texas.
B. EGIA Property Management, LLC of Port Arthur, Texas, have heretofore been
owner in fee simple of that certain tract and parcel of land located in said
subdivision described as follows:
Lots 1 through 15, Block 74 of City Addition, Port Arthur, Jefferson County,
Texas, said subdivision being recorded as File No. 2018005763 of Records of
Jefferson County, Texas, and being more commonly described at 817 Houston
Avenue (Also called 800 block Houston Avenue), Port Arthur, Texas (the
"Property").
C. The Port of Port Arthur desires to purchase the Property from EGIA
Management, LLC.
D. The attached survey indicates that there are certain improvements which
encroaches on the dedicated public right-of-way of Houston Avenue and West
Railroad Ave., namely a one story commercial brick and a one story metal
building on concrete slabs for the property located at 817 Houston Avenue;
also known as Lots Numbered One (1) through (15), Block 74, City of Port
Arthur Addition, Jefferson County, Texas, attached hereto as Exhibit "A" and
made a part hereof (the "Encroachment").
E. The City of Port Arthur has determined that the encroachment does not present
any insurmountable operational maintenance conditions, if said conditions are
addressed by the terms of this Agreement.
F. 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 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:
1. Grantee agrees that the Encroachment is on property owned by Grantee as of the
date of this Agreement.
2. The 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.
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, modifications, or extensions of said encroachments, other than as
needed for maintenance and repairs, by Grantee or its successors and assigns are
permitted.
5. Neither Grantee or its successors and assigns shall make any claims for damages
against the Grantor, its agents, or its Franchises for damages to the
encroachments as the result of removal, repair, servicing and/or replacement of
utilities within the herein described encroachment area.
6. To the extent allowed by applicable law, Grantee and its successors and assigns
agree to indemnify and hold harmless the Grantor, its agents, and its Franchises
for any claims, expenses, losses, liability, demands or damages arising out of, or
as an unforeseen result of the encroachments that are detailed in the
Encroachment Agreement, and such Agreement will be binding on Grantee, its
successors and assigns.
7. This Agreement shall also 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:
EGIA Management Properties, LLC
By:
Name:
Title:
GRANTOR:
City of Port Arthur, Texas, a municipal corporation
By:
Name: Ronald "Ron" Burton
Title:
Approved as to form:
Valecia Tizeno,
City Attorney
ACKNOWLEDGEMENT
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
The foregoing instrument was acknowledged before me this day of
, 2020, by , as
of EGIA Property Management, LLC on behalf of said entity.
Signature of Notary Public
SEAL
Printed Name of Notary Public
My Commission Expires:
ACKNOWLEDGEMENT
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
The foregoing instrument was acknowledged before me this day of
, 2020, by Ronald "Ron" 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:
RETURN TO:
City of Port Arthur
Legal Department
P. 0. Box 1089
Port Arthur, Texas 77641-1089
Exhibit "A"
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