An Ordinance Authorizing the Mayor to Execute an Easement Agreement and Approve Plat Amendments

ORDINANCE 490

AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT AGREEMENT AND APPROVE PLAT AMENDMENTS FOR ENCROACHMENTS INTO RIGHT-OF-WAYS IN BLOCKS 10,11 AND 12 OF THE ORGINAL TOWN OF THE CITY OF PANHANDLE TEXAS.

WHEREAS, Robinson Grain Inc. intends on purchasing property from H.J. Hughes Grain Elevators. The City of Panhandle has been notified by Robinson Grain Inc. that the existing improvements on the mentioned property encroached upon numerous City Right-of-Ways; and,

WHEREAS, certain Right-of-Ways within Blocks 10, 11 and 12 of the Original Town of Panhandle are listed in the easement agreement in which the encroachments are identified as seven separate tracts; and,

WHEREAS, both Robinson Grain Inc. and H.J. Hughes Grain Elevators have requested the City to grant an easement in the public right-of-ways to allow for an unencumbered title to the improvements on the mentioned property; and,

WHEREAS, the purpose of this easement is for the existing encroachment of improvements on the public right-of-ways, together with the right to repair and rebuild and maintain the existing improvements but prohibiting further expansion of the existing improvements on the public right-of-ways; and,

WHEREAS, the City Attorney and the City Manager have agreed and recommend the form, substance and areas listed in the easement agreement as the legitimate areas of concern thereby minimizing the damages suffered by the City from the mentioned encroachments; and,

WHEREAS, the Texas Local Government Code Chapter 212 Municipal Regulations of Subdivisions and property development Sub Chapter A. Regulations of Subdivisions Section 216.016 (8) permits the City to enter into an easement agreement and amend the existing plat if necessary and correct the inadvertent encroachment of the buildings or other improvements on a lot line or easement; and,

WHEREAS, the easement is for the benefit of the land owner of the improvements; and

WHEREAS, the desire of the City is to facilitate the transaction by allowing the continued economic activity and use of the land and buildings within the boundaries of the City limits of Panhandle thereby benefiting the City.

THEREFORE, BE IT ORDAINED, the City Council of the City of Panhandle hereby authorizes the Mayor, Les McNeill to execute the easement agreement as described in this Ordinance and approve the plat amendment document (if one is necessary) harmonious with this Ordinance pertaining to this transaction between Robinson Grain Inc. and H.J. Hughes Elevators. Furthermore, the easement agreement and plat amendments will be filed of record by the City Manager with the Carson County Clerk immediately upon full execution of the instruments.

PASSED AND APPROVED THIS 8th DAY OF NOVEMBER, 2001.

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Les McNeill, Mayor

Attest:

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Chris Coffman, City Secretary