HomeMy WebLinkAboutPR 15725: STONE CREEK APARTMENTS, LTD. ENCROACHMENT AGREEMENTInteroffice
MEMORANDUM ,
To: Mayor, City Council, and City Manager ~~
From: Valecia R. Tizeno, Acting City Attorney
Date: February 1, 2010
Subject: P. R. No. 15725;
Council Meeting February 9, 2010
Attached is P. R. No. 15725 approving an Encroachment
Agreement with Stone Creek Apartments, Ltd.
VRT:ts
Attachment
s.pr15725_memo
P. R. No. 15725
02/01/10 is
RESOLIITION N0.
A RESOLIITION APPROVING AN ENCROACHMENT
AGREEMENT WITH STONE CREEK APARTMENTS, LTD.
WHEREAS. it is deemed in the best interests of the citizens to
approve an Encroachment Agreement with Stone Creek Apartments, Ltd,
in substantially the same form as attached hereto as Exhibit "A"
NOW THEREFORE, BE IT RESOLVED BY THE CITY COIINCIL OF THS CITY
OF PORT ARTHIIR:
Section 1. That the facts and opinions in the preamble
are true and correct.
Section 2. That the Encroachment Agreement with Stone
Creek Apartments, Ltd. is hereby approved, in substantially the
same form as attached hereto as Exhibit "A"
Section 3. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2010, at a Meeting of the City Council of
the City of Port Arthur, by the following vote: AYES:
Mayor
Councilmembers
NOES:
s.pr15'/25
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
I
ACTING CITY A ORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
s.pr15"125
EXHIBIT "A"
ENCROACHMENT AGREEMENT
STATE OF TEXAS §
PRESENTS
COUNTY OF JEFFERSON §
This Agreement made this day of
KNOW ALL MEN BY THESE
20_ by and between
the City of Port Arthur, a municipal corporation existing under the State of Texas and the
STONE CREEK APARTMENTS LTD, hereinafter called "OWNER" as follows:
A. The STONE CREEK APARTMENTS LTD is the owner of that certain tract of land
located at 3035 LAKE ARTHUR DRIVE hereinafter described as follows:
12.204 (called 12.21) Ac. Being part of Lots 4 & 5, Blk. 11, Rg. "I" and Lots 1,2,7,&
8, BIk.11, Rg. "J", P.A.L.C.O. Vol. 1, page 22 Map records in Jefferson County,
Texas according to the recorded plat thereof.
B. The STONE CREEK APARTMENTS LTD is the owner of the above described
property.
C. There is erected on the above described tract various waterlines, sewer lines, concrete
sidewalks, concrete parking areas, and concrete drives, that encroach onto a public
utility easement.
D. The public utilities companies have expressed their general position that the
encroachments do 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 encroachments onto the public utility easement that
either he or his representatives will prohibit the use of said public utility easement for its
2.
3.
4.
5.
intended purpose.
No additions, modifications, or extensions of said encroachments by the OWNER shall
be permitted.
OWNER shall make no claims against the CITY, 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.
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 encroachments that are detailed in the Agreement, and
such Agreement will be binding on OWNER.
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 rights which may exist in such easement in favor of any
public or private utility other than the City of Port Arthur.
City of Port Arthur
Mayor
APPROVED AS TO FORM:
City Attorney
Signed and Agreed to on the day of , A.D., 20_
Signed and Agreed to on the
_ day of _
OWNER:
A.D., 20
ACKNOWLEGEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally appeared Bill Burney of
Houston] Texas, known to me to be the person 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 the STONE CREEK
APARTMENTS LTD.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of
20
Notary Public for the State of Texas
RETURN TO:
CITY OF PORT ARTHUR
ATTN: Val Tizeno
City Attorney
P. O. Box 1089
Port Arthur, Texas 77641-1089