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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 PAGE 1 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 PAGE 2 Encroachment on Easement We Pack Facility 12-5-08 [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 PAGE 3 Encroachment on Easement We Pack Facility 12-5-08 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 ~ PAGE 4 ~ ' t r Im MA i j 3 4r i~ t I~ II ❑ ~ Jj' ";irr X~ 7 ~ n ~ 3 Y a y~s'~~ "w~ .ia.d;.. . l~' ~'"✓~+,Y .:w ~ ~ ! ~ , at a,~~::