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Home My WebLink AboutPR 15446: ENCROACHMENT AGREEMENT AT 4510 EVERGREEN DRIVEPUBLIC WORKS DEPARTMENT COUNCIL ACTION MEMO TO Stephen B. Fitzgibbons, City Manager FROM Ross E. Blackketter, P.E., Director of Public Works SUBJECT P.R. #15446 -Encroachment Agreement with Eric L. Miguez DATE 19 August 2009 RECOMMENDATION: I recommend that the City Council approve Proposed Resolution No. 15446, authorizing the execution of an Encroachment Agreement between the City of Port Arthur and Eric L. Miguez pertaining to public utility easements within Lot 6, Block 58 and Lot 4, Block 58, Griffing's Residential Park located at 4510 Evergreen Drive, Port Arthur, Texas. BACKGROUND: A survey of the property located at 4510 Evergreen Drive has indicated that the house was constructed across the public utility easements along the common property line between Lots 4 and 6 in Block 58 of Griffing's Residential Park, Port Arthur, Texas. There are no underground utilities located within these easements. Entergy has an overhead service line, but has enacted an encroachment agreement with the owner. All other utilities report no conflict. BUDGETARY/FISCAL EFFECT: None. EMPLOYEE/STAFF EFFECT: None. SUMMARY I recommend that the City Council approve Proposed Resolution No. 15446, accepting an Encroachment Agreement as it pertains to public utility easements with in 4510 Evergreen Drive, Port Arthur, Texas, legally described as Lot 6, Block 58 and Lot 4, Block 58, Griffing's Residential Park. ~~ _ Ross E. Blackketter, P.E. Director of Public Works REB/klb Z:\engineer\documents\CAMS\Encroachment 4510 Evergreen Drive P.R. 15446 08/18/09 klb Page 1 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND ERIC L. MIQUEZ (OWNER) AND PERTAINING TO PUBLIC UTILITY EASEMENTS LOCATED AT 4510 EVERGREEN DRIVE, PORT ARTHUR, TEXAS 77642 AND MORE FULLY DESCRIBED AS LOT 6, BLOCK 58, AND LOT 4, BLOCK 58, GRIFFING'S RESIDENTIAL PARK. WHEREAS, the City of Port Arthur and ERIC L. MIGUEZ (Owner), wish to enter into an encroachment agreement as it pertains to public utility easements within the certain tract or parcel of land addressed as 4510 Evergreen Drive, Port Arthur, Texas 77642 and being more fully described as Lot 6, Block 58 and Lot 4, Block 58, Griffing's Residential Park; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the Mayor of the City of Port Arthur is hereby authorized and instructed to execute on behalf of the City, an Encroachment Agreement between the City of Port Arthur and Eric L. Miguez (Owner) pertaining to an encroachment upon the public utility easements on Lot 6, Block 58 and Lot 4, Block 58, Griffing's Residential Park, located at 4510 Evergreen Drive, Port Arthur, Texas; 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. Z: \engineer\Documents\Resolutions\PR15446 P.R.15446 Page 2 READ, ADOPTED, AND APPROVED this the _ day of . A.D. 2009 at a meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor Counci Mayor ATTEST: Terri Hanks City Secretary APPROVED AS TO FORM: Mark Sokolow City Attorney APPROVED FOR ADMINISTRATION: Stephen B. Ftzgibbons City Manager ~~.~- , Ross E. Blackketter, P.E. Director of Public Works Z: \engineer\Docu menu\Resolutions\PR15446 ENCROACHMENT AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § This Agreement made this day of , 2009, by and between the City of Port Arthur, a municipal corporation existing under the State of Texas and Eric L. Miguez (Owner) hereinafter called "OWNER" as follows: RECITALS A. Eric L. Miguez is the owner of that certain tract of land located at 4510 Evergreen Drive hereinafter described as follows: Lot 6, Block 58 and Lot 4, Block 58, Griffing's Residential Parkin the City of Port Arthur, as same as appears upon the plat thereof, on file and of record in Volume 3, page 204, Map Records of Jefferson County, Texas being more commonly known as 4510 Evergreen Drive, Port Arthur, Texas B. Eric L. Miguez is the owner 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 6, Block 58 and a ten foot (10~ wide utility easement over and across the North side of said Lot 4, Block 58 were heretofore dedicated for use by public utilities. D. There is a portion of the one-story residence constructed on a concrete slab that encroaches on the property covered and affected by the easements, 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 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. OWNER agrees by virtue of the encroachment onto the public utility easements, 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 OWNER shall be permitted. 3. OWNER shall make no claims against the CITY, its agents, and 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. OWNER agrees 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 OWNER. 5. This Agreement shall also be binding upon the successors and assigns of the OWNER. However, the City of Port Arthur does not hereby undertake, purport, or represent that this Agreement is binding on or affects any right which may exist in such easements 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: 5~~ City Attorney Signed and Agreed to on the _ day of , A.D. 2009. OWNER: Eric L. Miguez ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF]EFFERSON BEFORE ME, the undersigned authority on this day personally Eric L. Miguez, of Kirbyville, 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 Eric L. Miguez. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the _ day of .2009. 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