08 Paris WarehouseCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
12-12-2008
Shawn Napier, P.E. City Engineer
Council Date:
City Council
/Director of Public Works
8.
12-15-2008
RECOMMENDED MOTION:
Move to approve a resolution approving and authorizing the execution of an
encroachment on easement agreement between the City of Paris and Paris Warehouse
107, Inc ; and authorizing the City Manager to negotiate and execute all documents.
POLICY ISSUE(S):
Easement encroachment
BACKGROUND:
Paris Warehouse 107 has requested permission to place a temporary portable security
building in the center of a utility and drainage easement (formerly 13t" S.W. Street until
abandoned).
The City of Paris maintains water and sewer lines within the utility easement. This
reement will allow the City access to these lines for repair, maintenance and/or
ag
replacement purposes.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution, agreement, location map, and photographs
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report Z Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
yTD Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
❑ Administration Z City Cletk ❑ Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris l) ~ 09,~1 Revised 2/04/08
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D RAFT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS;
APPROVING AND AUTHORIZING THE EXECUTION OF AN
ENCROACHMENT ON EASEMENT AGREEMEIVT BETWEEN THE CITY OF
PARIS AND PARIS WAREHOUSE 107, INC. TO CONSTRUCT A PORTABLE
STRUCTURE ON A PUBLIC UTILITY EASEMEIVT LOCATED O1V 13TH
STREET SW RIGHT-OF-WAY; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, Paris Warehouse 107, Inc. has requested permission to construct and
locate a portable security guard office structure ("Structure") on their property, as further
described herein, in a location that would encroach upon a public utility easement owned
and maintained by the City; and
WHEREAS, the City maintains water and sewer lines within this public utility
easement and must access these lines from time to time for repair, maintenance and/or
replacement purposes; and
WHEREAS, the City is willing to allow the property owners to place their structure
within and over the public utility easement under the terms and conditions set forth in the
Encroachment on Easement Agreement attached hereto as Exhibit A, which terms and
conditions the property owners hereby agree to accept; and,
WHEREAS, the City Manager should be authorized to execute the Encroachment on
Easement Agreement on behalf of the City of Paris.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. The execution on Encroachment on Easement Agreement between the
City of Paris and Paris Warehouse 107, Inc. to construct a portable structure on a public
utility easement located on 13th Street SW right-of-way be, and is hereby approved.
- 0 ()Ot 9 ;
Section 3. The City Manager be, and he is hereby authorized to execute on behalf of
the City of Paris, Texas the Encorachment on Easement Agreement in the form attached
hereto as Exhibit A.
Section 4. This resolution shall be effective immediately upon passage.
DULY PASSED A1VD APPROVED this 15th day of December, 2008.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, Ciry Attorney
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ENCROACHMENT ON EASEMENT AGREEMENT
THIS AGREEMENT is entered into this 0114 day of ~DOCe-v`\'b" ,
2008, by and between the CITY OF PARIS, TEXAS, (the "City") and PARIS
WAREHOUSE 107, INC., (the "Property Owners"), and is as follows:
WHEREAS, the Property Owners have requested permission to construct
and locate a portable security guard office structure ("Structure") on their
property, as further described herein, in a location that would encroach upon a
public utility easement owned and maintained by the City; and
WHEREAS, the City maintains water and sewer lines within this public
utility easement and must access these lines from time to time for repair,
maintenance and/or replacement purposes; and
WHEREAS, the City is willing to allow Property Owners to place their
Structure within and over the public utility easement under the terms and
conditions set forth below, which terms and conditions the Property Owners
hereby agree to accept.
NOW, THEREFORE, in consideration of the promises and covenants of
the Property Owners as set out herein, the City hereby consents and agrees to
allow the Property Owners to construct a temporary portable security guard office
within the public utility easement, more specifically, in the median of the main
road/driveway leading into the We Pack Plant/Warehouse located at 1810 SW
Loop286, Paris, TX 75460, The Structure will be located as shown in the drawing
attached hereto and incorporated herein as Exhibit A.
The granting of this Encroachment on Easement is subject to the following
requirements and conditions which shall be binding upon the Property Owners,
their successors and assigns and which shall be filed of record in the Lamar
County, Texas Official Public Records, to wit:
1. This consent for such encroachment is strictly limited to the one
temporary portable guard office structure as described in this Agreement and as
further described in Property Owners' building permit application, and does not
extend to any other future structures or encroachments, and does not confer
permission to enlarge or expand the Structure in the future. The granting of this
consent is given on a one-time-only basis and shall not constitute any precedent
or entitlement to make any other future encroachments of a like kind or to any
greater or lesser extent or degree.
2. The Property Owners, and their successors in interest as to the
subject Property, shall promptly upon request by the City remove such Structure
Encroachment on Easement
We Pack Facility 12-5-08
EXHIBITA
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PAGE1
from the public utility easement at their own expense if, in the determination of
the City or of any utility company which has a right to the use of such easement,
such removal is necessary for the construction, reconstruction, repair or
maintenance of utility lines within such easement, or as to any other lawful uses
of such easement. Failure of the Property Owners, or their successors in
interest, to promptly comply with any such request shall entitle the City or utility
company to cause such removal to be accomplished, with the Property Owners
or their successors in interest being liable for all such costs incurred, and with
such costs incurred constituting a lien upon the subject Property.
3. Neither the City nor any utility company shall be liable to the
Property Owners or their successors in interest for any damage to or destruction
of such Structure, or to any contents thereof, or to any restriction in the
usefulness of such structure, by virtue of any lawful activities of the City or of any
utility company within or as to such easement. The Property Owners and their
successors in interest assume any and all risks associated therewith.
4. In the event of the removal or destruction (whether partial or
complete) of the Structure by any cause whatsoever, this Agreement shall not
confer any right or privilege to the Property Owners or to their successors in
interest to construct or reconstruct this Structure or another structure in the same
or another encroaching location. Any such construction or reconstruction shall
require the separate permission and agreement of the governing body of the
City, which such permission and agreement may be denied or withheld for any
reason whatsoever.
5. The covenants, conditions and agreements contained in this
Agreement shall run with the land and be equally binding upon all future owners
of the subject real estate, and to the successors in interest to the Property
Owners.
6. This Agreement shall expire and be null and void if not recorded by
the Property Owners in the Land Records of Lamar County, Texas within thirty
(30) days of its execution. No construction of such structure shall be
commenced until a building permit shall have been issued therefore, and no
building permit shall be issued until proof of such recording has been provided to
the City.
7. This Agreement shall expire and be null and void within one year of
this date if such temporary portable security guard office structure has not been
constructed by such time.
IN WITNESS WHEREOF, the parties have executed this Agreement on
the date first above shown.
Encroachment on Easement
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PAGE 2
[Signatures and acknowledgements]
CITY OF PARIS, TEXAS
Kevin Carruth, City Manager
ATTEST:
Janice Ellis, City Clerk
PARIS WAREHOUSE 107, INC.
ATTEST:
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally appeared
Kevin Carruth, City Manager of the City of Paris, 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,
and in the capacity therein stated.
Notary Public, State of Texas
Encroachment on Easement
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PAGE 3
m 0l)0(;9:1
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally appeared
W. W. Harper, president of Paris Warehouse 107, Inc., known to me to be the
person(s) whose name(s) [is/are] subscribed to the foregoing instrument, and
acknowledged to me that [he/she/they] executed the same for the purposes and
consideration therein expressed, and in the capacity therein stated.
~
~ `~'o1PRYP~B~~~ DANA WILl0UGH6Y
Pdotary Public, State of Texas
My Commission Expires
July 23, 2011
„~In,Encroachment on Easement
We Pack Facility 12-5-08
Notary Public, State of T jxas~
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