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HomeMy WebLinkAboutC2020-084 - 2/14/2020 - NA Ib ENCROACHMENT LICENSE AGREEMENT This Encroachment License Agreement ("Agreement") is entered into this 28 day of January 2020, by and between City of Corpus Christi ("Licensor") and Community Development Corporation of Brownsville ("Licensee") and, together with Licensor, the "Parties"). WHEREAS, Licensee is the fee owner of real property encumbered by the Easement (the "Property") which Property is more particularly depicted on Exhibit A attached hereto; and WHEREAS, Licensor is the owner of a 7.50-Foot wide Utility easement as shown in Exhibit B attached hereto (collectively, the "Easement"); and WHEREAS, Licensee proposes to encroach upon Licensor's Easement for the benefit of Licensee's Property by locating certain improvements thereon, the area, nature and purpose of the encroachment ("Encroachment") being more fully described on Exhibit C attached hereto (the area of the Encroachment being referred to as the "Encroachment Area"); and WHEREAS, Licensor generally prohibits encroachments into Licensor's easements, but recognizes extenuating circumstances occasionally make such an encroachment appropriate; and WHEREAS, Licensor has, in this case, determined to consent to the Encroachment upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the terms and conditions hereinafter set forth, the Parties agree as follows: 1. Consent to Encroachment. Licensor hereby consents to the Encroachment as fully described in Exhibit B & C. Any and all rights granted to Licensee under this Agreement shall be exercised at Licensee's sole cost, risk and expense, and shall be subject to the dominant and continuing right of Licensor to use any and all of the Encroachment Area for Licensor's purposes; and shall further be subject to all prior deeds, easements, dedications, conditions, franchises, covenants, restrictions, encroachments and claims of title of record that may affect the Encroachment Area. Nothing contained in this Agreement shall be deemed to grant, convey, create or vest in Licensee any real property interest in the land; including, but not limited to, any fee, leasehold interest, easement, servitude or irrevocable license. 2. Use of Encroachment Area. Licensee agrees that it will utilize the Encroachment Area solely for the Encroachment purposes described on Exhibit B & C, and for no other purpose. SCANNED 3. No Interference. All costs associated with modification, removal or damage to Licensee's Encroachment by the Licensor related to Licensor's use of the Easement (and all incremental costs initially incurred by Licensor in attempting to avoid the modification, removal or damage to Licensee's Encroachment) shall be solely the responsibility of Licensee. Licensee, in the performance and exercise of its rights under this Agreement, shall not damage or interfere in any way with the use, operation, maintenance, repair, or replacement of any facility that is owned, operated and maintained by Licensor or its assignees within the Easement. Should Licensee's Encroachment cause Licensor's use of the Easement and related facilities to be more costly, or to be interfered with or damaged, Licensee shall, within thirty (30) days of billing, pay all costs and expenses associated with Licensor's more costly use or with Licensor's repair of any damage to Licensor's facilities or removal of any interference. Under any and all circumstances, all work that is necessary to repair any damage to or remove any interference with the Licensor's facilities shall be at Licensee's sole cost and expense. Licensor, in emergency situations, may, at Licensee's sole cost and expense, repair any and all damage to and remove any and all interference with the Licensor's facilities without prior notice to Licensee. In using its Easement, Licensor agrees to make a reasonable effort to avoid damage to Licensee's Encroachment, but Licensor shall not be liable for any damage to the Encroachment. In the event Licensor incurs additional costs as a result of any efforts to avoid damage to Licensee's Encroachment, Licensee shall within thirty (30) days of billing, pay all costs and expenses associated with such efforts. 4. Compliance with Laws. Licensee shall comply with all federal, state and local laws in the exercise and performance of its rights and obligations under this Encroachment Agreement. 5. Encroachment Ordinance or Policy. This Encroachment Agreement is subject to the reasonable terms and conditions of any encroachment ordinance or policy as it,may now exist or may subsequently be amended by the Licensor at its sole discretion and without notice. 6. Indemnification. Licensee hereby agrees to indemnify, defend, protect and hold harmless Licensor, its officers and employees, from and against any and all claims, damages, losses, liabilities, fines, penalties, of whatsoever kind or nature, including, but not limited to reasonable attorneys' fees that are incurred by Licensor and that arise in connection with Licensee's activities that are undertaken, authorized or obligated pursuant to this Agreement. Such liability shall specifically, without limitation, extend to claims of third parties arising from the presence of the Licensee's Encroachment 7. Limitation on Licensor's Liability. Licensor shall have no liability to Licensee or third persons related to Licensee's Encroachment, including, but not limited to, damages to the Licensee's improvements resulting from Licensor's dominant use of the Encroachment Area or from the repair of Licensor facilities or the installation of any additional facilities in the future within the Easement. 8. Termination. Licensor may terminate this Agreement at any time upon providing the licensee thirty days' notice thereof. Notice of termination will be recorded in the real property records of Nueces County, Texas. 9. Covenant Running with the Land. This Agreement shall run with the Property and be recorded in the real property records of(Name of) County, Texas. The Owner and the City acknowledge and agree that this Agreement is binding upon the City and the Owner and their respective successors, executors, heirs, and assigns, as applicable, for the term of this Agreement and constitutes a covenant running with the land. 10. Integrated Agreement. This Agreement contains the entire understanding between the Parties hereto with respect to the subject matter hereof. There are no representations, agreements or understandings (whether oral or written) between or among the Parties relating to the subject matter of this Agreement which are not fully expressed herein. IN WITNESS WHEREOF, and in order to bind themselves legally to the terms and conditions of this Agreement, duly authorized representatives of the Parties have executed this Agreement as of the date first set forth above. Entered into this LI day of FiteediniM , 2020. Licensor: City of Corpus Christi By: / Al Rr mc • Director of De elopment Services For City Manager STATE OF TEXAS § COUNTY OF NUECES § Thi i strument was acknowledged before me on this day of , , 2020, by Al Raymond, Director of Developme t Services, of he City of Co pus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. -- AVlp / elk ‘' • /o TE of n;\:'. ary Public, State of Texas ; �RES1�•ry APPROVED AS TO FORM: `_ day of Fl D KrIAIv , 2020 7141A191 4(A-1 Buck Brice Assistant City Attorney for the City Attorney Licensee: Charles N. Mitchel - . Director Community Develo. ii-nt Corp. of Brownsville STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the jAfrda of AlYi , __ 9 Y 2020,by Charles N. Mitchell, Exec. Director of Community Development Corp. f Brownsville, Licensee. 60 PUS TAMMY A VILIARREAL * „ Notary Public,State of Texas Notary ID#12402997. ' 9 '+re or My Commission Expires 11.16-2021 Notary Public, State ef' exas Exhibit A RETURNTQ Doc# 2017053051 Nunes TITLE COIMNY 15037 5i.P.I.O. CORPUS 01014171,1111)(A$ 7 1$ ol<# lark/ NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. General Warranty Deed Date: December 15, 2017 Grantor: JEFFREY ALLEN SMITH and ROSAURA SMITH, a married couple Grantee: Community Development Corporation of Brownsville Grantee's Mailing Address: 901 E. Levee St. . Brownsville. TX, 78521 Consideration: Cash of$10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Property(including any improvements): Lot Sixteen (16), Block Two (2), CRESTMONT UNIT 10R, an Addition to the City of Corpus Christi, Nueces County,Texas, according to map or plat recorded in Volume 53, Pages 25, Map Records of Nucces County, Texas. Reservations from Conveyance: None Exceptions to Conveyance and Warranty: All valid easements, restrictions, covenants, mineral reservations and maintenance fund liens, if any, applicable to the above described property as shown by the records of the county clerk of the county in which said real property is located; taxes for the current year, the payment of which Grantee assumes; and all zoning laws, regulations and ordinances of municipal and other governmental authority, if any,affecting the property. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants. sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Page I of 2 GF No. 1706741 General Warranty Deed Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. c„_42-- JQ / /' ; ALLEN SMITH ..4111, 40111-'°V.11..v..›P''' APPP" SA SMITH STATE OF EXU S ) COUNTY OF _LAMAS ) This instrument was acknowledged before me on Daritte I 5 , 2017, by JEFFREY ALLEN SMITH and ROSAURA SMITH, for the purposes stated herein. A 1 A t}� ar►4 SHANNON THEODOROS it ( �i!►`- tJV ,149 :AA Notary Public,Store of Texas %.. .; Comm Expires 06-05-2019 Notary Public, State of texas S'�'„Oi``,,, Notary ID 13025150-0 My commission expires: AFTER RECORDING RETURN TO: Community Development Corporation of Brownsville Page 2 of 2 GF No. 1706741 Doc# 2017053051 Doc# 2017053051 # Pages 3 12/15/2017 4:32PM e-Filed & e-Recorded in the Official Public Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $19.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color,Religion, Sex, Handicap, Familial Status or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89 STATE OF TEXAS COUNTY OF NUECES I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED IN FILE NUMBER SEQUENCE ON THE DATE AND AT THE TIME STAMPED HEREON BY ME AND WAS DULY RECORDED IN THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY TEXAS `94*: c*42A-0L- COUNTY CLERK co;,,.r-'` NUECES COUNTY TEXAS SCALE:1^=20' Exhibit B LOT 8 (N 28°41'25"E 60.08') [N 28°30'00"E 60.001 o - fO I 75 S.F.OF EASEMENT 0 i tt __$==..2.�. —cl 1%-4'6.44-E�.�J r1�_— 25.40• oCONC. LOT 15 rn—,.."--STOOP LOT 17 CO N 12.82• O CO 12.00' ct,• 10 LOT 16 1 - b •. O rnr` N co 0 CO 0ONE STORYvi ry Lu W i.- b ' BRICK&FRAME o ih v `' HOUSE o In o i- (D CD 12.10' 12.83' CO ZZ I OCD ..7, ;, fn fn v OTHER'S9 46. 25.4• 1.0'BRICK 0.1'--- • WALL —. (/ I . •. • . 0.1' i COV.CONC.PORCHv. I ` • _GONG. ' 1 O� V •I DRIVE'' OU.) .I— I——� c3`- 1 'S� 5YR 0 0: ! — — 19, tL 7auF p. O 'O [R=50.00',LA=45.00'] oA LC=(S 18°39'07"W 43.53') 2517 PERSIMMON STREET (50'R.O.W.) NOTES: (1.)Found 518'I.R.©all lot corners unless noted otherwise. (2.)House Ties are to the foundation. I,Ronald A.Voss,a Registered Professional Land Surveyor,do hereby 0 F TF certify that this survey was made on the ground of the property shown , 'r..•••' 'r44 hereon under my direction and supervision:that it is my knowledge and i o...„.47*ERp0•.'r*t� This property Ties within Zone C. belief;that there are no apparent encroachments or overlapping of 5 * � according to FIRM 85 which .............. '� improvements with the deed lines except as shown hereon.This Survey 4*: v.S$•' is NOT within the 100 year Flood Plain. was performed without the benefit of a Title Policy or Title Opinion. 1,•R�NALR,f••'• NOTE:THIS SURVEY IS FOR THE SOLE USE OF THE BUYER,TITLE COMPANY, 2293 i OR MORTGAGE COMPANY IN THIS TRANSACTION ONLY.NO LICENSE HAS •.OFE55'.s '.j NOT VALID WITHOUT ORIGINAL BEEN CREATED,EXPRESSED OR IMPLIED,TO COPY THE SURVEY,WHICH IS SIGNATURE AND ORIGINAL SEAL. VOID AFTER SIX MONTHS FROM THE DATE OF THIS SURVEY. •ANp gUPV J BUYER:ROBERT&RICKIE EHLE Registered Professional Land Surveyor State of Texas No.2293 DATE: 08/20/2019 REVISION: 11/27/2019 Lot 16, Block 2, Crestmont Unit 1 OR CREW: CH&DL Volume 53, Page 25 M.R.N.C.T. OFFICE: RV&CW GF#: 195202308 Corpus Christi, Nueces County, Texas JOB#: 18-2081 KEY: WOOD FENCE VOSS ENGINEERING, INC. [RECORDED] WIRE FENCE ENGINEERING&LAND SURVEYING (MEASURED) 6838 GREENWOOD DRIVE, CORPUS CHRISTI, TEXAS 78415 Exhibit C STATE OF TEXAS JOB NO. 18-2081 COUNTY OF NUECES 75 S.F. EASEMENT CLOSURE ALL that certain tract or parcel of land situated in Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi,Texas,same being out of Lot 16,Block 2,Crestmont Unit 1OR as recorded in Volume 53,Page 25 of the Map Records of Nueces County,Texas, and being more particularly described by metes and bounds as follows,to wit: COMMENCING at a 5/8 inch iron rod found for the West corner of said Lot 16, Block 2,same being the North corner of Lot 15 of said Block 2; THENCE, along the common boundary line of said Lots 16 and 15, SOUTH 61 degrees 30 minutes 00 seconds EAST 6.25 feet to a point for the Southwest corner of this tract and the point of beginning. THENCE,NORTH 28 degrees 30 minutes 00 seconds EAST 60.00 feet to a point for the Northwest corner of this tract,same lying in the Northeast boundary line of said Lot 16, Block 2,same lying in the Southwest boundary line of Lot 17 of said Block 2; THENCE, along the common boundary line of said Lots 16 and 17, Block 2, SOUTH 61 degrees 30 minutes 00 seconds EAST 1.25 feet to a point for the Northeast corner of this tract, same lying in the Southeast boundary line of a 7.50 foot utility easement; THENCE, along said Southeast boundary line of the 7.50 foot utility easement, SOUTH 28 degrees 30 minutes 00 seconds WEST 60.00 feet to a point for the Southeast corner of this tract,same lying in said common boundary line of said Lots 16 and 15,Block 2; THENCE,along said common boundary line of Lots 16 and 15,Block 2,NORTH 61 degrees 30 minutes 00 seconds WEST 1.25 feet to the point of beginning and containing 75 square feet of land. I hereby certify that this survey as reflected in the above Field Notes and attached plat conforms to the current Texas Surveyors Association Standards and Specifications for a Category IA,Condition II Land Survey. Dated this the_12th day of December ,2019. lv^- Ronald A.Voss, Registered Professional Land Surveyor No.2293 •EUF.TFj *. RONALD A.VOSS 2293 �:• •99.FES5\0��'.@ Nueces County Kara Sands Nueces County Clerk *VG-50-2020-2020007314* Instrument Number: 2020007314 Official Public Records AGREEMENT Recorded On: February 18, 2020 02:53 PM Number of Pages: 11 " Examined and Charged as Follows: " Total Recording: $47.00 � STATE OF TEXAS --01Y fpCO,,, ,,l, Nueces County *,� I hereby certify that this Instrument was filed in the File Number sequence on the date/time , r\a printed hereon,and was duly recorded in the Official Records of Nueces County,Texas ).• Kara Sands clay /S 4; sok op cg*---' Nueces County Clerk Nueces County, TXT,3ctikd4) ***********THIS PAGE IS PART OF THE INSTRUMENT*********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2020007314 RTC -VERN ROBINS Receipt Number: 20200218000236 NA Recorded Date/Time: February 18, 2020 02:53 PM User: Margarita S CORPUS CHRISTI TX 78401 Station: CLERK01