2008-108-RES-Approving and authorizing the execution of an encroachment on easement agreement between the city of paris and paris warehouse 107, to construct a portable structure ona public utility easement located on 13th St. SW right-of-wayRESOLUTION NO. 2008-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS;
APPROVING AND AUTHORIZING THE EXECUTION OF AN
ENCROACHMENT ON EASEMEIVT AGREEMEIVT BETWEEIV 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; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; A1VD DECLARING AN
EFFECTIVE DATE.
WHEREAS, Paris Warehouse 107, Inc. has requested permission to construct and
ite a portable security guard office structure ("Structure") on their property, as further
-ribed herein, in a location that would encroach upon a public utility easement owned
maintained by the City; and
WHEREAS, the City maintains water and sewer lines within this public utility
ement and must access these lines from time to time for repair, maintenance and/or
lacement purposes; and
WHEREAS, the City is willing to allow the property owners to place their structure
wi hin and over the public utility easement under the terms and conditions set forth in the
En roachment on Easement Agreement attached hereto as Exhibit A, which terms and
co ditions the property owners hereby agree to accept; and,
WHEREAS, the City Manager should be authorized to execute the Encroachment on
ement Agreement on behalf of the City of Paris.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
P RIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in all
approved.
Section 2. The execution on Encroachment on Easement Agreement between the
Ci of Paris and Paris Warehouse 107, Inc. to construct a portable structure on a public
uti ity easement located on 13th Street SW right-of-way be, and is hereby approved.
Section 3. The City Manager be, and he is hereby authorized to execute on behalf of
th City of Paris, Texas the Encorachment on Easement Agreement in the form attached
he eto as Exhibit A.
Section 4. This resolution shall be effective immediately upon passage.
DULY PASSED AND APPROVED this 15th day of December, 2008.
A
ce Ellis, City Clerk
AS TO FORM:
W. Kent McIlyar,(Ciq Attorney
ENCROACHMENT ON EASEMENT AGREEMENT
f4
d ay of
THIS AGREEMENT is entered into this
2 08, by and between the CITY OF PARIS, TEXAS, (the "City") and PARIS
AREHOUSE 107, INC., (the Property Owners"), and is as follows:
WHEREAS, the Property Owners have requested permission to construct
a d locate a portable security guard affocat on that wouSdr encroach upon a
p operty, as further described herein, in
p blic utility easement owned and maintained by the City; and
within
fors epublic
WHEREAS, the City maintains watei' e tl sewer
pair,
tility easement and must access these
aintenance and/or replacement purposes; and
WHEREAS, the City is willing to allow Property Owners to place their
tructure within and over the public utilitY easement
ons theePropertyr Owner~s
onditions set forth below, which terms and condit
ereby agree to accept.
NOW, THEREFORE, in consideration of the promises and covenants of
he Property Owners as set out herein, the City hereby consents and agrees to
Ilow the Property Owners to construct a temporary portable security guard office main ithin the public utility easement, more s'tlWarehouse located tf 1810 SW
oad/driveway leading into the We Pack Plan
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 upon requirements and conditions which s hachbshall bef iled ofthecordp n~t e Lamar
their successors and assigns and w
County, Texas Official Public Records, to wit:
1. This consent for such encroachment is strictly limited to the one and temporary portable guard office structure as described in this
Agreement
and does not
further described in Property Owners' building permit appI ca
extend to any other future structures or {u erOn the future a The granti~g of this
permission to enlarge or expand the Struc
ent
consent is given on a one-time-only baei encoachlme~ts of atl I ke k ndpoe todany
or entitlement to make any other futur
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
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Encroachment on Easement
We Pack Facility 12-5-08 EXHIBIT L
f
:)m the public utility easement at their own expense if, in the determination of
ie City or of any utility company which has a right to the use of such easement,
ach removal is necessary for the construction, reconstruction, repair or
iaintenance of utility lines within such easement, or as to any other lawful uses
f such easement. Failure oh ahn Puohe ey eSt shall ent the Ithe C tysoroutility
i t e r e s t, t o p r o m p t l y c o m p l y w i t Y q
ompany to cause such removal to be accomplished, with the Property Owners
r their successors in interest being liable for all such costs incurred, and with
uch costs incurred constituting a lien upon the subject Property.
3. Neither the City nor any utility company shall be liable to the
'roperty Owners or their successors in interest for any damage to or destruction
if such Structure, or to any contents thereof, or to any restriction in the
isefulness of such structure, by virtue of any lawful activities of the City or of any
itility company wifhin or as to such easement. The Property Owners and their
>uccessors in interest assume any and all risks associated therewith.
4. In the event of the removat or destruction (whether partial or
;omplete) of the Structure by any cause whatsoever, this Agreement shall not
;onfer any right or privilege to the Property Owners or to their successors in
nterest to construct or reconstruct this Structure or another structure in the same
:)r 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 n an Recors
constrouction aofCsuch t ucture within thirty
(30) days of its executio
cornmenced 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.
s
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Encroachment on Easement
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[Signatures and acknowledgements]
CITY OF PARIS, TEXAS
Kevin Carruth, City Manager
,TTEST:
~anice Ellis, City Cierk
PARIS WAREHOUSE 107, INC.
TTEST:
TATE OF TEXAS
ICOUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personaliy 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
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Encroachment on Easement
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TATE OF TEXAS
OUNTY OF LAMAR
ped
BEFORE ME, the undersigned hotu oei 1y07, n l
IncS kd nown to me ll t be the
V. W. Harper, president of Paris Ware
erson(s) whose name(s) [is/are] subscribed to the foregoing instrument, and
icknowledged to me that [he/she/they] executed the same for the purposes and
;onsideration therein expressed, and in the capacity therein stated.
~ - - - - -w
DANA WILLOUGHBY ~
h~otary Public, State of Texas
My Commission Expires
4~FpjJuly 23, 2011
Encroachment on Easement
We Pack Facility 12-5-08
Notary Public, State of Te~) asi
~
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