HomeMy WebLinkAboutResolution 1990-013
RESOLUTION NO. 90-13
BE IT RESOLVED by the City Council of the City of
North Richland Hills, Texas, that:
I.
THE MAYOR be, and is hereby authorized to accept and
execute the attached "ARCO Pipe Line Company Encroachment
Agreement for Vance Road" on behalf of the City of North
Richland Hills, Texas.
PASSED AND APPROVED this 12th day of March, 1990.
APPROVED:
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Tommy Brown, M yor
ATTEST:
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Rewis, City Secretary
AP~ßJ\LITY:
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Rex McEntlre, Attorney
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ENCROACHMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, ARCO Pipe Line Company, a Delaware corporation, whose mailing
address is ARCO Building, Independence, Kansas 67301, hereinafter called "APL", is the
present owner of certain rights of way (the "Right of Way Easement") pursuant to an
instrument dated October 1, 1940 which R. Snow and Jessie E. Snow, his wife, made,
executed and delivered to Sinclair Refining Company, a Maine corporation, its successors
and assigns, covering the following described land located in Tarrant County, Texas:
A certain parcel of land containing 34 acres, more or less in the W. W.
Wallace Survey, Abstract No. 1606 and more fully described in a certain deed
from Sam D. Chestnut to R. Snow recorded in Book 1068 at Page 542 in the
Deed Records of said County,
which instrument was filed for record in the Deed Records of said County in Volume 1474
at Page 351; and
WHEREAS, pursuant to a certain replat of Lots 16R and 17, Block 20, Snow
Heights Addition to the City of North Richland Hills, Tarrant County, Texas, recorded in
Cabinet A, Hangar 207, Plat Records of Tarrant County, Texas, dated July 17, 1989, Vance
Road was dedicated to the City of North Richland Hills (hereinafter called "City").
WHEREAS, City desires to construct an extension to Vance Road (the "Permitted
Construction Work") which will encroach upon the Right of Way Easement.
NOW, THEREFORE, notwithstanding any of the provisions of the Right of Way
Easement which prohibit such construction, APL hereby consents and agrees, insofar as it
has the lawful right so to do, to the Permitted Construction Work within the boundaries of
the Right of Way Easement, subject to the following terms and conditions:
1. Except as specifically provided herein, it is understood and agreed that City shall
not erect, construct, or create any building, house, improvement, structure, or obstruction
of any kind within the boundaries of the Right of Way Easement, or cause or permit such
construction work or said acts to be done by others, without the express written permission
of APL. City shall assume, indemnify, and save harmless APL, its successors and assigns,
from all cost, loss, damage, expense or claim of any kind or nature arising from any acts of
City while encroaching upon the Right of Way Easement, or from the existence of any such
construction work permitted hereunder.
2. The City shall install three concrete slabs six-inches thick by lO-feet wide by
20-feet long over APL's existing three-inch and six-inch pipelines, as shown on the attached
drawing marked Exhibit "A," attached hereto and made a part hereof.
3. At least 48 hours prior to the performance of the Permitted Construction
Work, City shall notify APL at the following location: P. O. Box 639, Arlington, Texas
76010, Telcphollc: (817) 267-3242.
4. If, after performance of the Permitted Construction Work, APL deems it
necessary to fCmove any portion of the Permilted Construction Work to gain access to its
pipeline for repair, maintenance or any other purpose whatsoever, or in exercising any
rights under the Right of Way Easement, APL may remove same; and after APL has
completed the work for which the Permitted Construction Work was removed, City agrees
to replace same at City's sole cost and expense. APL shall not be responsible or liable to
City for any damage caused to the Permitted Construction Work in the performance of
such work or the exercise of such rights.
5. The Right of Way Easement shall remain in full force and effect except as
modified and changed by this Encroachment Agreement.
09904
1696
6. This Encroachmcnt Agrecment shall be binding upon and shall inure ,0 thc
benefit of the parties hereto, their heirs, executors, administrators, personal representatives,
successors and assigns.
IN WITNESS WHEREOf, this Encroachment Agreement has bcen duly executcu.
Dated: March 20 , 1990.
Attest:
ARCO Pipe Line Company
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L. . Strecker
Assistant Secretary
- APL
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Attest:
City of North Richland Hills
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Title: Mayor
- City
STATE OF KANSAS )
) SS
COUNTY OF MONTGOMERY)
Before me, Victoria V. Hernandez , a Notary Public, on this day personally
appeared Norman R. Bennett, known to me to be the person whose name is subscribed to
the foregoing instrument, and known to me to be the Vice President of ARCO Pipe Line
Company, a corporation, and acknowlcdged to me that he executed said instrumcnt for the
purposes and consideration therein expressed, and as the act of said corporation.
Given under my hand and seal of office, this 28th day of March
, 1990.
My. commission cxpires:
3~25-94
STATE OF ~¿U1
COUNTY OF ..2uyJ
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) SS
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Before me,( ", , a Notary Public, on this day personally
appeared ., . , ;/ ,known to me to be the person whose name is subscribed
to the foregoing i strument, and known to me to be the Mayor of the City of North
Richland Hills, a municipal corporation, and acknowledged to me that he executed said
- 2 -
09904
1697
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instrument for the purposes and consideration therein expressed, and as the act uf said
corporation.
Given under my Hand and seal of office, this dØ.!!:.}day of '-f.??7:1r.«
, 1990.
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Notary Public, -:'-'_'-:Z:¿;A-á-7,,"(Þ;t',
County, \. --;.A _;/.~<:1--/ ',if. "./' '.
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My commission expires:
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VANCE ROlID, SNDlv H£/GI1TS RDD/iiDIJ,
N()f\m RIUlLI1ND I/lLLS, TE'iA5.
LL "15(,-58 HAP 5 Lee 5'0-5'0£2.
DATE I DRAWN
1-/8-90 SCL
SCALE 1 CWCK'D
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ARea PIPE LINE COMPANY
INOEP~NO~NCC.KANSAS