HomeMy WebLinkAboutPR 21817: ENCROACHMENT AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND TRACKS CONSTRUCTION, LLC r
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INTEROFFICE MEMORANDUM
Date: February 10, 2021
To: The Honorable Mayor and City Council
Through: Ronald "Ron" Burton, City Manager
From: Pamela D. Langford, Director of Planning & Development Services
RE: P.R. NO. 21817 — A resolution authorizing an Encroachment Agreement
between the City of Port Arthur and Tracks Construction, LLC
Introduction:
The intent of this Agenda Item is to seek City Council's approval for P.R. NO. 21817,
authorizing the execution of an encroachment agreement between the City of Port
Arthur, Tracks Construction, LLC, and the Port of Port Arthur certain improvements
which encroaches upon dedicated pubic city rights-of-way.
Background:
During the closing process of the property sale by Tracks Construction, LLC to the Port
of Port Arthur, a survey of the properties indicated a 0.7-foot and 0.2-foot encroachment
of one-story commercial building on a concrete slab, located at 246 Rev. Ransom
Howard Street, onto the dedicated public rights-of-way, known as Dallas Avenue and
Rev. Ransom Howard Street. According to Jefferson County Appraisal Districts records,
the building was erected in 1962, therefore grandfathering its current footprint.
The survey also indicated an encroachment of a 0.9-foot chain-link fence on the twenty
(20') feet wide alley right-of-way in Block 76, City Addition, located in the rear of 221
and 237 Rev. Dr. Ransom Howard Street, Port Arthur, Jefferson County, Texas.
The buyer/seller are requesting an encroachment agreement to complete the sale of
said properties.
Budget Impact:
None
Recommendation:
It is recommended that City Council approve P.R. No. 21817, authorizing the execution
of an encroachment agreement between the City of Port Arthur, Tracks Construction,
LLC, and the Port of Port Arthur certain improvements which encroaches upon
dedicated public city rights-of-way.
"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.21817
02/10/2021 PDL
PAGE 1 OF 13
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
ENCROACHMENT AGREEMENT BETWEEN THE CITY OF PORT
ARTHUR AND TRACKS CONSTRUCTION, LLC FOR THE
PROPERTIES LEGALLY DESCRIBED AS LOTS 17-24 BLOCK 76
AND LOTS 1-6 BLOCK 103, CITY OF PORT ARTHUR ADDITION,
JEFFERSON COUNTY, TEXAS, COMMONLY KNOWN AS 221, 237
AND 246 REV. DR. RANSOM HOWARD STREET.
WHEREAS, the City of Port Arthur and Tracks Construction, LLC wish to enter into
an encroachment agreement for certain improvements which encroaches by 0.7 foot on
the seventy (70') feet wide dedicated public right-of-way of Dallas Avenue and 0.2 foot on
the sixty (60') feet wide dedicated public right-of-way of Rev. Ransom Howard Street,
namely one-story commercial buildings on concrete slabs, located at 246 Rev. Ransom
Howard Street, and 0.9 foot of the twenty (20') feet wide alley right-of-way in Block 76,
City Addition, namely a six (6) feet chain-link fence, located at 221 and 237 Rev. Dr.
Ransom Howard Street, 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 Tracks Construction, LLC; 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 between the City of Port Arthur and Tracks
Construction, LLC for certain improvements which encroaches by 0.7 foot on the seventy
(70') feet wide dedicated public right-of-way of Dallas Avenue and 0.2 foot on the sixty
(60') feet wide dedicated public right-of-way of Rev. Ransom Howard Street, namely one-
story commercial buildings on concrete slabs, located at 246 Rev. Ransom Howard
P.R.NO.21817
02/10/2021 PDL
PAGE 2 OF 13
Street, and 0.9 foot of the twenty (20') feet wide alley right-of-way in Block 76, City
Addition, namely a six (6) feet chain-link fence, located at 221 and 237 Rev. Dr. Ransom
Howard Street, 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 form of
attached hereto as Exhibit "B".
THAT a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
READ, ADOPTED AND APPROVED this day of February A.D., 2021
at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following
votes: AYES: MAYOR
COUNCILMEMBERS
NOES:
Thurman Bill Bartle, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
P.R.NO.21817
02/10/2021 PDL
PAGE 3 OF 13
APPROVED AS TO FORM:
Vki
Valecia "Val Ti e , City Attorney
APPROVED FOR ADMINISTRATION:
Ronald "Ron" Burton, City Manager
Alb Elefano, Director of Public Works
l
Pamela D. Langford, v
Director of Planning & Development Services
P.R.NO.21817
02/10/2021 PDL
PAGE 4 OF 13
EXHIBIT "A"
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P.R.NO.21817
02/10/2021 PDL
PAGE 6 OF 13
EXHIBIT " B "
P.R.NO.21817
02/10/2021 PDL
PAGE 7 OF 13
ENCROACHMENT AGREEMENT
STATE OF TEXAS §
§ KNOWN ALL MEN BY THESE PRESENTS:
JEFFERSON COUNTY §
This Agreement made this day of February 2021, by and between the City
of Port Arthur, a municipal corporation existing under the laws of the State of Texas,
hereinafter called "Grantor" and Tracks Construction, LLC, hereinafter called "Grantee"
as follows:
RECITALS
A. The City of Port Arthur Addition is a subdivision in the Port Arthur, Jefferson
County, Texas the plat for aid subdivision having been filed for record in Volume
1, Page 50, Map Records, Jefferson County, Texas.
B. TracksConstruction, LLC, have heretofore been owner in fee of that certain tracts
and parcels of land located in said subdivision described as follows:
TRACT 1:
Lots Numbered Seventeen, Eighteen and Nineteen (17, 18 & 19) in Block
Number Seventy-six (76) of CITY OF PORT ARTHUR, in Jefferson
County, Texas, as the same appears upon the map or plat thereof, on file
and of record in Vol. 1, Page 50, Map Records of Jefferson County, Texas.
TRACT 2:
Lots Numbered Twenty, Twenty-one, Twenty-two, Twenty-three, Twenty-
four (20, 21, 22, 23, 24) in Block Number Seventy-six (76) of CITY OF
PORT ARTHUR, in Jefferson County, Texas, as the same appears upon
the map or plat thereof, on file and of record in Vol. 1, Page 50, Map
Records of Jefferson County, Texas.
Tract 3:
Lots Numbered One, Two, Three, Four, Five and Six (1, 2, 3, 4, 5 & 6) in
Block Number One Hundred Three (103) of CITY OF PORT ARTHUR, in
Jefferson County, Texas, as the same appears upon the map or plat
P.R.NO.21817
02/10/2021 PDL
PAGE 8 OF 13
thereof, on file and of record in Vol. 1, Page 50, Map Records of Jefferson
County, Texas.
TRACT 4:
Lots Numbered Twenty-two, Twenty-three, Twenty-four (22, 23, 24) in
Block Number One Hundred Three (103) of CITY OF PORT ARTHUR, in
Jefferson County, Texas, as the same appears upon the map or plat
thereof, on file and of record in Vol. 1, Page 50, Map Records of Jefferson
County, Texas.
C. The Port of Port Arthur desires to purchase the abovementioned properties from
Tracks Construction, LLC by deed.
D. The attached survey indicates that there are certain improvements which
encroaches on the City's public right of way as follows:
1) 0.7 foot on the seventy (70') feet wide dedicated public right-of-way of Dallas
Avenue and 0.2 foot on the sixty (60') feet wide dedicated public right-of-way
of Rev. Dr. Ransom Howard Street, namely one-story commercial buildings on
concrete slabs, located at 246 Rev. Ransom Howard Street; and
2) 0.9 foot of the twenty (20') feet wide alley right-of-way in Block 76, City of Port
Arthur Addition, namely a six (6) feet chain-link fence, located at 221 and 237
Rev. Dr. Ransom Howard Street, Port Arthur, Jefferson County, Texas, as
depicted in Exhibits "A-1" and "A-2" attached hereto and made a part hereof
(the "Encroachment").
E. Grantee and Grantor have agreed that the Encroachments are 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
Encroachments to remain in its present locations. The easement shall be over that
portion of Grantor's property that is encroached by the buildings and fencing as reflected
in Exhibit "A-2". 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 easements are hereby granted to allow the Encroachments to remain in its
present locations and to allow Grantee and its successors and assigns to access
and to repair and maintain the Encroachments and easement areas.
P.R.NO.21817
02/10/2021 PDL
PAGE 9 OF 13
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 addition or extensions of the Encroachments, 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 the Grantor or its Franchisees as a result of the existing Encroachments
or for removal and replacement of said Encroachments.
6. To the extent allowed by applicable law, Grantee and its successors and assigns
agree to indemnity 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 Encroachments 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 , 2021.
GRANTOR:
City of Port Arthur, Texas, a municipal corporation
By:
Name: Ronald "Ron" Burton
Title: City Manager
Approved as to form:
Valecia Tizeno,
City Attorney
P.R.NO.21817
02/10/2021 PDL
PAGE 10 OF 13
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
The foregoing instrument was acknowledged before me this day
of 2021, by Ronald "Ron" Burton, as City Manager of the
City of Port Arthur, a municipal corporation.
Signature of Notary Public
Printed Name of Notary Public
My Commission Expires:
P.R.NO.21817
02/10/2021 PDL
PAGE 11 OF 13
GRANTEE:
Tracks Construction, LLC
By:
Name:
Title:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
The foregoing instrument was acknowledged before me this
day of 2021 , by , as
of Tracks Construction, LLC.
Signature of Notary Public
Printed Name of Notary Public
My Commission Expires:
EXHIBIT"A - 1"
Tract I:
Lots Numbered Seventeen, Eighteen and Nineteen (17, 18 & 19) in Block Number Seventy-six
(76) of CITY OF PORT ARTHUR, in Jefferson County, Texas, as the same appears upon the
map or plat thereof, on file and of record in Vol. 1,Page 50,Map Records of Jefferson County,
Texas.
Tract II:
Lots Numbered Twenty, Twenty-one, Twenty-two, Twenty-three, Twenty-four(20,21, 22, 23,
24) in Block Number Seventy-six(76) of CITY OF PORT ARTHUR, in Jefferson County,
Texas, as the same appears upon the map or plat thereof, on file and of record in Vol. 1, Page 50,
Map Records of Jefferson County, Texas.
Tract III:
Lots Numbered One, Two, Three, Four, Five and Six(1, 2, 3,4, 5 & 6) in Block Number One
Hundred Three (103)of CITY OF PORT ARTHUR, in Jefferson County, Texas, as the same
appears upon the map or plat thereof, on file and of record in Vol. 1, Page 50, Map Records of
Jefferson County, Texas.
Tract IV:
Lots Numbered Twenty-two, Twenty-three, Twenty-four(22, 23, 24) in Block Number One
Hundred Three (103) of CITY OF PORT ARTHUR, in Jefferson County, Texas, as the same
appears upon the map or plat thereof, on file and of record in Vol. 1, Page 50, Map Records of
Jefferson County, Texas.
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