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Home My WebLink AboutPR 15375: 8001 EYER STREET - ENCROACHMENT AGREEMENTMEMORANDUM CITY OF PORT ARTHUR PUBLIC WORKS DEPARTMENT TO: Stephen Fitzgibbons, City Manager )(~ FROM: Ross Blackketter, Drrector of Public Works ~j t~~ '~/ DATE: July 9, 2009 RE: Proposed Resolution No. 15375 (Encroachment Agreement) COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No.15375 authorizing the execution of an Encroachment Agreement between the City of Port Arthur and Michael & Alicia Johnson pertaining to a public utility easement whereupon an addition to the existing home will be erected on I,ot 15, Minaldi Place Unit S, located at 8001 Eyre Street. BACKGROUND In the course of designing an addition to the existing home at 8001 Eyre St. A survey of the property has indicated an encroachment of the proposed addition into a public utility easement to extent of 4 feet - 2'/z inches leaving 5 feet - 9 Yz inches remaining in the easement. There is an existing 10 foot wide utility easement located in front of the property located at 8001 Eyre St. and is in use for the purpose of utility installations. All utility companies were contacted to determine ifthe encroachments conflicted with their use of the easement. None of the utilities were reported to be in conflict. BUDGET/FISCAL EFFECT None. STAFFING/EMPLOYEE EFFECT None. SUMMARY I recommend that the City Council approve Proposed ResolutionNo.15375 authorizing the execution of an Encroachment Agreement between the City of Port Arthur and Michael & Alicia Johnson pertaining to a public utility easement whereupon an addition to the existing home will be erected on Lot 15, Minaldi Place Unit 5, located at 8001 Eyre Street. P.R No.15375 7/9/09 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND MICHAEL AND ALICIA JOHNSON PERTAINING TO A PUBLIC UTILITY EASEMENT WHEREUPON A STRUCTURE WILL BE ERECTED ON LOT 15, MINALDI PLACE UNIT 5, LOCATED AT 8001 EYRE STREET IN THE CITY OF PORT ARTHUR WHEREAS, the City of Port Arthur and Michael & Alicia Johnson wish to enter into an encroachment agreement as it pertains to a public utility easement along the south side of Lot 15, Minaldi Place Unit S, located at 8001 Eyre St; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCH. OF THE CITY OF PORT ARTHUR: THAT, the Mayor 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 Michael & Alicia Johnson pertaining to an encroachment upon the public utility easement on Lot 15, Minaldi Place Unit 5, located at 8001 Eyre Street 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. READ, ADOPTED AND APPROVED THIS day of 2009, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following P.R No. 15375 7/9/09 Page 2 vote: AYES: Mayor Councilmembers: NOES: Mayor ATTEST: Terri Hanks City Secretary APPROVED AS TO FORM: Mark Sokolo pn BehAtF OF) City Attorney APPROVED FOR ADMINISTRATION: Steve Fitzgibbons City Manager d(-.,,,.rte, Ross Blackketter, P.E. Director of Public Works EXHIBIT A EX~41~tT ~.A~i ,- - - --~ w i - --- I - -F~~C~c E: T_ tai iE__~_-__~---'~j ~ -~ -~-------- I -~ ~ I ,I ,1 ~ i ~y i 1~ ~ HoMG ~ ~ I - ~ Avnm~ ~ I _. - ~ ~a~A _- --- --~-- - ~, ~ I ~ ~~ ~ I U T" I i, - I I ~ ~ ~ ~ p¢~ ~ ~ I ... ~ y. ~ - , ~ m '- - ~ - ~ ii ~ { ~- ~ PU~_[drl~, EII1E t` ~! ' ~~ ~ ~ ,r i ~ 1 L i f ~------J-----} -~ ~ - -- ,- i-T---~------ ~-_,.~ -------- ~ I~~ - f-L ~F~-- ~ ~! AQEA _, - ~, I RCM~rWJC'7 ~'~ ~-- y" Zz~ ~i I C bu<:eoac,NCO V VZ EA~,~N-f r ~ -Ntp EA5GMEIJ't ~~ ~ y I _ ~ ,,. __ _ _-_ --- 1__ ____ _- _-~_--_ i . -~- III I ~ ~i~ ~ ~ -~~ ~I ~' ~ l,F !i ENCROACHIVIENT AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This Agreement made this day of KNOW ALL MEN BY THESE PRESENTS 2009, by and between the City of Port Arthur, a municipal corporation existing under the State of Texas and Michael & Alicia Johnson, hereinafter called "OWNERS" as follows: RECTl'ALS A. Michael & Alicia Johnson are the owners of that certain tract of land located at 8001 Eyre Street hereinafter described as follows: Lot 15, Minaldi Place Unit 5 Addition to the City of Port Arthur, Texas, as same appears upon the plat thereof, on file and of record in Volume 16, Page 221 Map Records of Jefferson County, Texas being more commonly known as 8001 Eyre Street, Port Arthur, Texas. B. Michael & Alicia Johnson aze the owners of the above described property by Deed of even date or of approximately even date herewith. C. A ten foot (10') wide utility easement over and across the South side of said Lot 15 was heretofore dedicated for use by public utilities. D. 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". E. The public utilities companies have expressed their general position that the encroachment does not present any insurmountable operational maintenance conditions, if said conditions aze addressed by the terms of this Agreement. NOW, THEREFORE, inconsideration of this Agreement, and the benefits to the parties hereof; the parties agree as follows: 1. O WNERS agree by virtue of the encroachment onto the public utility easement, that neither he or his 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. 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 azea. 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 aze detailed in the Agreement, and such Agreement will be binding on OWNERS. 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., 2009. City of Port Arthur Mayor APPROVED AS TO FORM: City Attorney Signed and Agreed to on the day of , A.D., 2009. OWNERS: Michael Johnson Alicia Johnson ACKNOWLEGMENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally Michael Johnson, of Port Arthur, Texas, known to me to be the persons whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and as the act and deed on behalf of Michael Johnson. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 2009. Notary Public for the State of Texas ACKNOWLEGMENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally Alicia Johnson, of Port Arthur, Texas, known to me to be the persons whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and as the act and deed on behalf of Alicia Johnson. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 2009. Notary Public for the State of Texas RETURN TO: CITY OF PORT ARTHUR ATTN: Ross Blackketter Public Works Duector P. O. BOX 1089 Port Arthur, Texas 77641-1089