HomeMy WebLinkAboutC2021-297 - 10/21/2021 - NA ENCROACHMENT LICENSE AGREEMENT
This Encroachment License Agreement ("Agreement") is entered into this 18th day
of October 2021, by and between City of Corpus Christi ("Licensor") and John and Victoria
Harris ("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.
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
SCANNED
(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 Nueces 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 2L day of G( .12, , 2021.
Licensor:
City of Corpus Christi
By: / 41re
Al Raym-.nd
Directo of D= elopment Services
For City Manager
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on thiss,i Kday of 0(7-Noe
2021, by Al Raymond, Director of Development Services, of the City of Corpus Christi, a
Texas home-rule municipal corporation, on behalf of said corporation.
YVETTE WALLACE 14 / /
�.� ,,.. � It L �` . . . .
Notary Public,State of Texas
B,10° � Comm.Expires 08-06-2025 Public, tate of Texas
�Of ` Notary ID 133255582
APPROVED AS TO FORM: C day of CCIUb t— , 2021
)61)( 4,
Buck Brice
Assistant City Attorney
for the City Attorney
Licensee:
i '► zi2r0- 4-k.A41/)/
John Harris Victoria Harris
Owners of property at 7621 Bayonne Street
STATE OF TEXAS §
§
COUNTY OF §
This instrument was acknowledged before me on the k day of (' ,
2021,by John and Victoria Harris, Licensee.
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No a v ublic, State of Texas
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4 +0 KYLE GERARD hl1MAs I
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Ehibit A
LI - URBAN
ENGINEERING Job No. 20354.C1.00
J September 3,2021
0.0009 Acre
Easement Encroachment
STATE OF TEXAS
COUNTY OF NUECES
Fieidnotes, for a 0.0009 Acre,Easement Encroachment,being out of Lot 7,Block 60,King's Crossing Unit 15,a
map of which is recorded in Volume 62, Pages 139-140, Map Records of Nueces County, Texas; said 0.0009 Acre,
Easement Encroachment being more fully described by metes and bounds as follows:
Commencing, at the Southeast boundary line of Lot 17, Block 60, King's Crossing Unit 16, a map of which is
recorded in Volume 63, Pages 21-22, of the said Map Records, for the common corner of Lots 7 and 8, of the said Block
60,King's Crossing Unit 15;
Thence, South 61°17'01" East,with the common boundary line of the said Lots 7 and 8, 7.50 Feet,to an existing
Utility Easement,as shown on the plat of the said King's Crossing Unit 15;
Thence, South 28°42'59" West, with the said Utility Easement,4.88 Feet, to the Point of Beginning and for the
East corner of this Easement;
Thence,South 28°42'59"West, 15.00 Feet,to the South corner of this Easement;
Thence,North 61°17'01"West,2.50 Feet,to the West corner of this Easement;
Thence,North 28°42'59"East, 15.00 Feet,to the North corner of this Easement;
Thence, South 61°17'01" East, 2.50 Feet, to the Point of Beginning and containing 0.0009 Acres(37 Sq. Ft.) of
Land,more or less.
Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South
Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00.
Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original
form,surveyor assumes no responsibility for its accuracy.
Also reference accompanying sketch of Tract described herein.
► .t OF. TF, URBAN EN INE G
Na A fR dl
JAMES DAVID CARR >
qq,, ' James D. Carr,R.P.L.S.
•�9 6 8Pya�i License No. 6458
SURA:
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OFFICE:(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
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LINE BEARING DISTANCE Exhibit B
L1 S28'42'59'W 15.00'
L2 N61'17'01"W 2.50'
L3 N28'42'59"E 15.00' Sketch to Accompany ;;
L4 S61'17 01 E 2.50'
I FIELDNOTES for a 0.0009 Acre, Easement Encroachment,
being out of Lot 7, Block 60, King's Crossing Unit 15, i',
a map of which is recorded in Volume 62, Pages
139-140, Map Records of Nueces County, Texas.
III
General Notes: s DATE: 3, 2021 I'
1.) Grid Bearings and Distances shown hereon I = URBAN SCALE: 1 Sept.'=20' ;i.
III
ore referenced to the Texas Coordinate JOB NO.: 20354.C1.00
System of 1983, Texas South Zone 4205, ENGINEERING
and are based on the North American Dotum SHEET: 1 of 2
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FIELDNOTES for a 0.0009 Acre, Easement Encroachment,
being out of Lot 7, Block 60, King's Crossing Unit 15,
a map of which is recorded in Volume 62, Pages
139-140, Map Records of Nueces County, Texas.
,I
DATE: Sept. 3, 2021
� — URBAN SCALE: NTS
JOB NO.: 20354.C1.00
ENGINEERING SHEET: 2 of 2
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Nueces County
Kara Sands
Nueces County Clerk
'VG-50-2021-2021055804"
Instrument Number: 2021055804
Official Public Records
AGREEMENT
Recorded On: October 21, 2021 04:17 PM Number of Pages: 9
" Examined and Charged as Follows: "
Total Recording: $49.00
%%%%%%%%% STATE OF TEXAS
�D�NTY 0001, Nueces County
•* �, *goy I hereby certify that this Instrument was filed in the File Number sequence on the date/time
% �A� ti i printed hereon, and was duly recorded in the Official Records of Nueces County,Texas
x
�� °F N `�r~'- Kara Sands
UENueces County Clerk
NUE64=
*9J\o_
Nueces County, TX
*********** 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: 2021055804 DEVELOPMENT SERVICES CITY OF CC
Receipt Number: 20211021000221 2406 LEOPARD STREET
Recorded Date/Time: October 21, 2021 04:17 PM
User: Brenda R CORPUS CHRISTI TX 78408
Station: CLERK01