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Home My WebLink AboutPR 11641: UTILITY EASEMENT MEMORANDUM CITY OF PORT ARTHUR, TEXAS ENGINEERING DEPARTMENT TO: Steve Fitzgibbons, City Manager FROM: Leslie E. McMahen, P.E., Director of Public Works SUBJECT: P.R. 11641 DATE: January 18, 2002 RECOMMENDATION: I recommend the City Council adopt Proposed Resolution No. 11641 authorizing the execution of an encroachment agreement between the City of Port Arthur, Ahmad Hendiana and wife Monirosadat Mir Afzali pertaining to a certain 10-foot wide utility easement across the rear of Lot 8, Block 1, Lake Arthur Manor Subdivision, located at 4401 Stevewood Drive. BACKGROUND: During the closing process of the property sale by Ahmad Hendiana and wife Monirosadat Mir Afzali a survey of the property indicated certain encroachments by private property onto a public utility easement. We were asked by the sellers to prepare an encroachment agreement for the sellers, buyers and the City. All utilities 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 that the City Council adopt Proposed Resolution No 11641 authorizing the execution of an encroachment agreement between the City of Port Arthur, Ahmad Hendiana and wife Monirosadat Mir Afzali pertaining to a certain 10-foot wide utility easement across Lot 8, Block 1, Lake Arthur Manor Subdivision, located at 4401 Stevewood Drive in Port Arthur, Leslie E. McMahen, P.E. Director of Public Works P.R. No. 11641 01/28/02 vkl RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF PORT ARTHUR~ AND AHMAD HENDIANA AND WIFE MONIROSADAT MIR AFZALI PERTAINING TO A CERTAIN 10-FOOT WIDE UTILITY EASEMENT ACROSS THE REAR OF LOT 8~ BLOCK 1~ LAKE ARTHUR MANOR~ LOCATED AT 4401 STEVEWOOD DRIVE~ PORT ARTHUR~ TEXAS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the Mayor is hereby authorized and directed to execute on behalf of the CITY, an Encroachment A~reement between the City of Port Arthur, and Ahmad Hendiana and wife Monirosadat Mir Afzali pertaining to an encroachment upon a ten {10) foot wide dedicated utility easement across the rear of Lot 8, Block 1, Lake Arthur Manor Subdivision in Port Arthur, Texas, located at 4401 Stevewood Drive, a copy of said a~reement 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; and, THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ~ ADOPTED AND APPROVED this A.D., 2002 at a day of meeting of the City Council of the City of Port P.R. No, 11641 Pa~e//2 Arthur, Texas, by the following vote: AYES: __ Councilmembers · Mayor NOES: ATTEST: Mayor City Secretary APPROVED AS TO FORM: City Attorney APPROVED FOR ADMINISTRATION: Steve Fitzgibbons City Manager Leslie E. McMahen, P.E. Director of Public Works Dale Watson Planning Director Return to: Carolyn Dixon c~ty secretary City of Port Arthur, Texsm P.O. Box 1089 Port Arthur, Texas 7"640 ENCROACHMENT AGREEMENT P.R. No. 11641 Exhibit 1 of 5 STATE OF TEXAS JEFFERSON COUNTY This Agreement made this KNOW ALL MEN BY THESE PRESENTS: day of .,2002 by and between the City of Port Arthur ("the CITY"), a municipal corporation existing under the laws of the State of Texas and Ahmad Hendiana and wife Monirosadat Mir Afzali hereinafter referred to as- "OWNERS" as Follows: RECITALS A. Ahmad Hendiana and wife Monirosadat Mir Afzali are the oxvners in fee of that certain tract hereafter described as follows: Lot Number Eight (8) in Block Number One (I) of Lake Arthur Manor Subdivision, an Addition to the City of Port Arthur, Texas, as same appears upon the plat thereof, on file and of record in Volume 14 Pages 84 and 85, Map Records of Jefferson County Texas, being more commonly known as 4401 Stevewood Drive, Port Arthur, Texas. B. Ahmad Hendiana and wife Monirosadat Mir Afzali are the owners of the above described property by Deed of even date or of approximately even date herewith. C. There is now erected on said Lot 8 a part of the dwelling that encroaches onto the 10 foot wide dedicated utility easement located at the rear of the property to the extent of two and five-tenths feet (2.5'), and a covered concrete structure encroaching the 10 foot wide utility easement to the extent of five-tenths feet (0.5') as shown on the attached drawing. 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, THEREFORE, in consideration of this Agreement, and the benefits to the parties hereof, the parties agree as follows: P,R. No, 11641 Exhibit 'A' 2of5 CITY and OWNER agree that the above described encroachments 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 ten foot wide utility easement that they shall not prohibit the use of the easement for its intended purpose. 3. No additions, modifications, or extensions to said encroachments by OWNER shall be permitted. 4. Should them be a futura 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 8 Block I of Lake Arthur Manor Subdivision 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. 5. OWNER shall make no claims against the CITY or its Franchisees for damages to the existing encroachments as the result of removal, repair, servicing and/or replacement o~' utilities within the heroin described encroachment area, or as a result of removal and replacement of said encroachment. 6. 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 ,2002 City of Port Arthur By: Mayor ATTEST: P.R. No. 11641 Exhibit 'A' 3of5 BY: City Secretary APPROVED AS TO FORM: City Attorney Signed and Agreed to on the day of ,2002 APPROVED: OWNERS Ahma~t Hendiani Monirosadat Mir Afzali Signed and Agreed to on the ('~x(~ ? day o~,2002 ACKNOWLEDGMENT P.R. No. ~ ~ Exhlbit'k' 4of5 THE STATE ,O.F.,TEXAS COUNTY OF (~'~Jl ~/~ Before me, tlm undersigned authority, a Notary Public, in and fo~/.~k~~ County, Texas on this day personally appeared Ahmad Mend i ana , known to me to be the person whose name is subscribed to the foregoing instruinent and acknowledged to me that he executed the sane for the pu~oses and consideration therein expressed. IVEN UNDER MY ~D ~D ~ ~ day of ~ , A.D. ~()~ SE~ OF O~ICE, this v, ' ST^TE OF TEX S ~w<[~[~,, My Comm. Exp. Feb. Notary Public Signa~k/ ~ Notary Public Printed Nmnc My commission expires: ~ ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY O~ Before me, the undersigned authority, a Notary Public, in and for(~7 ~ County, Texas on this day personally appeared Moni rosadat Hq r Afzal i , known to me to be the person whose name is subscribed to' the foregoing instrument and acknowledged to me that he executed the same'for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFiCE, this~(~ ~ dayof (~f~,~, A.D. 0~.()0 ~~-- ' Notary Public Sig~r~ Notary Public Printed Nmne My commission expires: c~ ~,/0 :~ P.R. No. ~ ~ / / TITLE COMMITMENT ~ EFFECTIVC: 12/6/01 A~O~ ~. ~R o ~ ...... (40~) ~8~-2004 F~ (40~) O~-~oofi of 5