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HomeMy WebLinkAboutPR 14210:ENCHROACHMENT AGMT MEMORANDUM CITY OF PORT ARTHUR, TEXAS ENGINEERING DEPARTMENT TO: Steve Fitzgibbons, City Manager FROM: John A~ Comeaux, P.E., Director of Public Works SUBJECT: P.R No. 14210 (Encroachment Agreement) DATE: June 1 l, 2007 RECOMMENDATION: I recommend the City Council adopt Proposed Resolution No. 14210, authorizing the execution of an encroachment agreement between the City o£Port Arthur and Leonard Brown pertaining to a certain 20-foot wide alley located adjacent to Lot 7, Block 13, Procter Terraace Addition and a 5-£oot wide utility easement across the rear of Lot 7, Block 13, Procter Terrace Addition in Port Arthur, located at 438 Trinity Avenue. During the closing process of the property sale by Leonard Brown a survey of the property indicated certain encroachments by private property omo a public utility easement and also private property encroaching onto a public alley. We were asked by the seller to prepare an encroachment agreement for the seller and the City. All utility comPames were contacted to determine if the encroachments conflicted with their use of the easement. None of the utilities were reported to be in conflict. BUDGETARY/FISCAL EFFECT: Acceptance of this recommendation will have no budgetary/fiscal effect at this time. SUMMARY: I recommend the City Council adopt Proposed Resolution No. 14210, authorizing the execution of an encroachment agreement between the City of Port Arthur and Leonard Brown pertaining to a certain 20-foot wide alley located adjacent to Lot 7, Block 13, Procter Terrace Addition and a 5- foot wide utility easement across the rear of Lot 7, Block 13, Procter Terrace Addition in Port Arthur, located at 438 Trinity Avenue. Jobah A. Comeaux, P. E. Director of Public Works P.R. # 14210 June 11, 2007 RESOLUTION NO A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF PORT ARTHUR, AND LEONARD BROWN PERTAINING TO A 20 FOOT WIDE PUBLIC ALLEY WHERE UPON STRUCTURES HAVE BEEN ERECTED ON LOT 7, BLOCK 13, PROCTER TERRACE ADDITION AND UPON A 5 FOOT WIDE UTILITY EASEMENT ACROSS THE REAR OF LOT 7, BLOCK 13, THAT EXTEND A MAXIMUM OF 13.5 FEET INTO THE ALLEY AND/OR THE UTILITY EASEMENT LOCATED AT 438 TRINITY AVENUE, PORT ARTHUR, TEXAS. 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 Leonard Brown pertaining to an encroachment upon a twenty (20') foot wide dedicated alley located adjacent to Lot 7, Block 13, Procter Terrace Addition and a five (5') foot wide Utility Easement across the rear of Lot 7, Block 13, Procter Terrace Addition in Port Arthur, Texas, located at 438 Trinity Avenue, a copy of said agreement being attached and made a part hereof as Exhibit "A"; and, THAT a certified copy of the Encroachment Agreement shall be filed for record in the office of the County Clerk of Jefferson County, Texas. 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 A.D., 2007 at a meeting of the City Council of the City of Port Arthur, Texas, by the following vote AYES: Mayor Councilmembers P. R. 14210 Page 2 NOES: Mayor ATTEST: City Secretary APPROVED AS TO FORM: City At[°~l~eY (OtO ~4A[[ Steve Fitzgibbons City Manager John A Comeaux, P. E. Director of Public Works P. R. 14210 Page 3 Dale Watson Planning Director Return to: Evangeline Green City Secretary City of Port Arthur, Texas P. O. Box 1089 Port Arthur, Texas 77640 ENCROACHMENT AGREEMENT STATE OF TEXAS JEFFERSON COUNTY This Agreemem made this KNOW ALL MEN BY TltrESE PRESENTS: day of ,2007 by and between the City of Port Arthur ("the CITY"), a municipal corporation existing under the laws of the State of Texas and Leonard Brown hereinafter referred to as "OWNER" as Follows: RECITALS A. Leonard Brown is the owner in fee of that certain tract hereafter described as follows: Lot Number Seven (7) Block Number Thirteen (13) Procter Terrace Addition to the City of Port Arthur, Texas, as same appears upon the plat thereof, on file and of record in Volume 5 Page 125-126, Map Records of Jefferson County Texas, being more commonly known as 438 Trinity Avenue, Port Arthur, Texas. B. Leonard Brown is the owner of the above described property by Deed of even date or of approximately even date herewith. C. The attached survey indicates that there is now erected on Lot 7, structures that encroach upon the twenty (20') foot alley that lies adjacent to said Lot 7, and/or upon the five (5) foot Utility Easement across the rear of the property, the following. I. 6' c/l fence encroaches the 20' alley by 0.2', (let~ rear) 2.6' cfi fence encroaches the 5' Utility Easement by 2.2' (left rear) 3.6' c/l fence encroaches the 5' Utility Easement by 1.5 ' (right rear) 4. 6' c/l fence encroaches the 20 foot alley by 13.5' (fight rear) 5. Metal building on concrete slab encroaches the 20 foot alley by 8.8' (right rear) 6. Concrete drive encroaches the 20' alley by 12.5' (right rear)) 7. 6' cfi fence encroaches the 20' alley by 13.3' (right side) 8. Concrete Drive encroaches the 20' alley by 13.1' (right front) D. The private utility companies and the City's Utility Operations Department 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, TltEREFORE, in consideration of this Agreement, and the benefits to the parties hereof, the parties agree as follows: 1. CITY and OWNER agree that the above described encroachraents are on property owned by OWNER as of the date of this Agreement. 2. OWNER agrees by virtue of the above named encroachments onto the twenty foot (20') wide alley and the five (5') Utility Easement they shall not prohibit the use of the alley nor the Utility Easement for their intended purposes. 3. No additions, modifications, or extensions to said encroachments by OWNER shall be permitted. Should there be a future public or private utility need necessitating the removal and replacement of any part of the encroachments, it is agreed that the owner (s) of record of said Lot 7, Block 13, Procter Terrace Addition at the time of such removal and replacement will have the obligation to do so at their expense, and that such removal and replacement will not be the obligation of any predecessor owner of said property, title company or lending company. OWNER shall make no claims agatnst the CITY or its Franchisees for damages to the existing encroachments as the result of removal, repair, servicing and/or replacement of utilities within the herein described encroachment area, or as a result of removal and replacement of said encroachment. OWNER agrees to indemnify and hold harmless the CITY and its Franchisees for any claims, expenses, losses, liability, demands or damages arising out of, or as an unforseen result of the existing encroachments that are detailed in this Agreement, and such Agreement will be binding on the OWNER. 7. 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. Signed and Agreed to on the day of ,2007 City of Port Arthur By:. Mayor ATTEST: BY: City Secretary APPROVED AS TO FORM: City Attorney Signed and Agreed to on the day of ,2007 APPROVED: OWNER Leonard Brown Signed and Agreed to on the _day of ,2007 05/30/280? 83~§6 4898G64760 STEW~RT TITLE BMT P~E 82/02 55.72' (C/'LLED 55 00') TRINITY AVENUE ( 50' ~.OW ) TJTLE COMMITMENT ) ANTHONY ~[. LEQER EFFECTIVe-: 5/§/07 j REGISTERED PROFESSIONAL LAND SURVEYOR ~/jX~ ~URVEYORS INC. CITY OF PORT ARTHUR P.o. BOX 1089 Pore Art. bur TX 77641-1089 * * * * * * * B II I I D I N G P E R M I T * * * * * * * * Aopl lcstlon N,uaber ..... 9~-00001154 Date 6/1AIC, 7 Property Address ...... ~38 TRINITY AVE ALTER/ADD'S/CONVERSIONS - GARAGE/~ARPORT PROCTER TERRACE SINGI E FAMIty SINGLE FAMIIy 3500 G[JlDRY CHARt F8 R ET IiX ~WNFR q~8 TRINfTY AVE /AO~ 988-86©3 ...................... Struct~re Information ©00 0©0 ...................... Constr~lct]on Type ..... NEFD8 TO tlPDATE Flood Znne ........ NEEDS TO LIPDATE Other s~ruct Info ..... TOTAl SO(IARE FOOT .CIO Perm~ t ...... B(IT[ DING PERMIT WITH Pt AN Additional de~c B(~It DING OF GARAGE Permit Fee .... 16.00 Plan Chmck ~sue Date .... ?/]5/9~ Vale,allAn Fxnlration Dat~ ~ONSTRi.)CTION M/~RT MFFT WINDSTORM RF©iI[RF~FNT~ P~rml~ ~ Total 16,00 16,00 .00 PI~n fi~eck Total .GO .00 .GO Gramd Total 16.(]0 16.00 .00 ) ) D J Work materials mumt be removed from all )oh ~tes CONTRACTOR/AGENT OWNER/TENANT POSTING nE ADDRESS ~A-HOUR NOTICE REO~IRED FOR AL~ INSPECTIONS J