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HomeMy WebLinkAboutPR 13744: UTILITY EASEMENT MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROM: Kelly Eldridge, Director of Utility Operations DATE: September 5, 2006 RE: Proposed Resolution No. 13744 COMMENTS RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 13744 authorizing the execution of an Encroachment Agreement between the City of Port Arthur and Kenneth & Linda Kay Shepherd pertaining to a public utility easement whereupon structures have been erected on Lots 1 & 2, Block 27, Griffing Residential Park, located at 4446 Forest Drive. BACKGROUND In the course of designing and replacing the sanitary sewer mains in the Griffing Park service area, certain 'permanent' improvements were discovered that were constructed within the public utility easement that inhibit the construction/maintenance of the sanitary sewer line. Our engineer therefore specified an alternative construction method that minimizes surface disruption, which is especially helpful with such encroachments. However, the property located at 4446 Forest Dr. has a swimming pool and appurtenances within the easement, which could be damaged even by this type construction method. The purpose of this Encroachment Agreement is to allow the property owner to keep these improvements on the easement while relieving the City and/or its agents from liability from damages to these encroachments resulting from maintenance of our infrastructure. BUDGET/FISCAL EFFECT None. STAFFING/EMPLOYEE EFFECT None. SUMMARY I recommend that the City Council approve P.R. No. 13744, which authorizes the execution of an Encroachment Agreement between the City of Port Arthur and Kenneth & Linda Kay Shepherd pertaining to a public utility easement whereupon structures have been Erected on Lots I & 2, Block 27, Griffing Residential Park, located at 4446 Forest Drive. P.R. No. 13744 09/05/06 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF PORT ARTHUR KENNETH & LINDA KAY SHEPHERD PERTAINING TO A PUBLIC UTILITY EASEMENT WHEREUPON STRUCTURES HAVE BEEN ERECTED ON LOTS 1 & 2, BLOCK 27, GRIFFING RESIDENTIAL PARK, LOCATED AT 4446 FOREST DRIVE IN THE CITY OF PORT ARTHUR. WHEREAS, the City of Port Arthur and Kenneth & Linda Kay Shepherd wish to enter into an Encroachment Agreement as it pertains to a public utility easement on Lots 1 & 2, Block 27, Griffing Residential Park, located at 4446 Forest Drive; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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 Kenneth & Linda Kay Shepherd pertaining to encroachments upon the public utility easement on Lots 1 & 2, Block 27, Griffing Residential Park, located at 4446 Forest Drive in substantially the same form as described in Exhibit "A", a~tached 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 TItIS day of , 2006, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: P.R. No. 13744 09/05/06 Page 2 AYES: Mayor Councilmembers: NOES: Oscar Ortiz Mayor ATTEST: Evangeline Green City Secretary APPROVED AS TO FORM: Mark Sokolow City Attorney APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons Ke'll~'gl-dri~(ge- ' - 13 City Manager Director of Utility Operations EXHIBIT A ENCROACHMENT AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § This Agreemen~ made this day of _, 2006 by and between the City of Port Arthur, a municipal corporation existing under the State of Texas and the Kenneth and Linda Kay Shepherd, hereinafter called "OWNER" as follows: A. That Kenneth and Linda Kay Shepherd are the owner of that certain tract of land located at 4446 Forest Drive. hereinafter described as follows: Lot 1 and 2 Block 27 Griffing Residential Park in Jefferson County, Texas according to the recorded plat thereof. B. That Kenneth and Linda Kay Shepherd arc the owner of the above described property by Deed even date or of approximately even date herewith. C. There is erected on the above described tract a swimming pool and appurtenances that encroach onto a public utility easement, said encroachments are as shown on the attached drawing. 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 neither he or his representatives will prohibit the use of said public utility easement for its intended purpose. 2. Nfo additions, modi~catlons, or ~tensions of said encroachments by the OWNER shall be permitted. 3. 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. 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 encroachments 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 fights 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., 2006. City of Port Arthur Mayor APPROVED AS TO FORM: City Attorney Signed and Agreed to on the day of , A.D., 2006. OWNERS: Kenneth and Linda Kay Shepherd ACKNOWLEGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared of Port Arthur, 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 of Kenneth and Linda Kay Shepherd. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of ,2006. Notary Public for the State of Texas RETURN TO: CITY OF PORT ARTHUR ATTN: Mark Sokolow City Attorney P. O. Box 1089 Port Arthur, Texas 77641-1089