10-09-17 Regular Meeting of the La Porte City Council

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STATE OF TEXAS § COUNTY OF HARRIS § Encroachment Agreement This Encroachment Agreement ("Agreement") is made and entered into this day of , 2017 ("Effective Date") by and between the City of La Porte, Texas (the "City"), and Joe Bertuglia and Evangelia Bertuglia (collectively "Bertuglia" herein). The City and Bertuglia are sometimes referred to herein together as the "parties" and individually as a "party". Recitals: 1. The Town of La Porte, Texas is a home rule city possessing the full power of local self-government pursuant to Article 11, Section 5 of the Texas Constitution, Section 51.072, Tex. Loc. Gov. Code, and its Home Rule Charter. The City is authorized to control and regulate an encroachment or obstruction on a public street within the City pursuant to §311.001, Tex. Transp. Code, and to permit and prescribe the consideration and terms for the use of a portion of a City street or sidewalk for a private purpose if the use does not interfere with the public use of the street or sidewalk or create a dangerous condition on the street or sidewalk, pursuant to §316.021, Tex. Transp. Code. 2. Bertuglia is the owner of the property generally located within the City at 1614 Roscoe Street (the "Property"), which location is more particularly described as Lots 22 and 23, Block 28, Bayfront Addition to La Porte, Harris County, Texas. The Property is zoned R-1, Low Density Residential, and situated thereon is a single-family dwelling. 3. The Property is located adjacent to and abuts a City of La Porte public street and right -of way known as S. Holmes Ave. In connection with the continued use of the single-family dwelling situated on the Property, the northern portion of which dwelling encroaches into the S. Holmes Ave. right-of-way in two places, by a measure of 2.3 feet and 1.2 feet, respectively, Bertuglia has requested that City authorize the encroachment into the S. Holmes Ave. right-of-way that abuts the Property, which encroachment is identified and shown on the attached Exhibit A. 4. As set forth herein and subject to the terms and conditions of this Agreement, the City has agreed to allow Bertuglia to utilize the areas of encroachment for the use of the aforementioned single-family dwelling, provided and so long as such use does not interfere with the public use of the street or create a dangerous condition thereon. NOW, THEREFORE, for and in consideration of the mutual covenants and obligations set forth herein, and other good and valuable consideration, the City and Bertuglia do hereby agree as follows: 1. Incorporation of Recitals. The above and foregoing Recitals are true and correct and are incorporated herein and made a part of this Agreement for all purposes. 2. Grant of license. The City does hereby grant to Bertuglia a revocable license to locate within and upon the S. Holmes Ave. right-of-way, as depicted on Exhibit A, the aforementioned portions of the existing single-family dwelling (the "Encroachment Area" herein). In no event shall Bertuglia cause any expansion or enlargement of the portion of the single- family dwelling structure located within the Encroachment Area. The license hereby granted is subject to and shall be used by Bertuglia in accordance with the City Charter and with all applicable laws, rules, regulations, codes, policies, and standards of the City and of any other governmental entity having jurisdiction over the public street, right-of-way, and sidewalk (whether in effect on the Effective Date or adopted or enacted thereafter) ("Applicable Law"), and with the terms and conditions of this Agreement. In no event shall Bertuglia have the right to use the Encroachment Area for any purpose