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Meeting Date: 09/11/2017  
Party Wall Easement and Boundary Line Agreement "Casa Ortiz House Property"
Submitted for: Erika Bueno Submitted By: Erika Bueno
Department: County Attorney  

Subject:
Discussion and possible action to approve and execute a Party Wall Easement and Boundary Line Agreement by and between Webb County and Frost National Bank, Trustee, in order to formalize the existence of a common party wall and the actual boundaries between the property commonly known as the “Casa Ortiz House-Property A” located at 915 Zaragoza St., being situated on Lots 2, 3, 8, & 9, Block 19, Western Division, of the City of Laredo, Webb County, Texas, which is owned  by Webb County, and the property commonly known as the “De La Garza House-Property B”, located at 907 Zaragoza, being situated on Lots 4, 5, 6, & 7, Block 19, Western Division, of the City of Laredo, Webb County, Texas which is owned by Frost National Bank, Trustee, and authorizing the County Judge to execute all relevant documents and any other matters incident thereto. 

Issue: Casa Ortiz House-Property A and the de la Garza House- Property B were constructed over a century ago and share a common wall between the two houses.  The improvements on Property A and Property B are constructed so that a common wall (the “Party Wall”) forms a part of the buildings located upon and forming a physical dividing line on the ground between Property A and Property B.  However the common wall between the two houses which physically divides these two properties is in conflict with the actual property lines of the recorded plat for both “Property A”, and “Property B, thereby creating an encroachment on each side of the two subject properties. The Party Wall is constructed, as depicted on the survey of Property B attached as Exhibit A, along a line which is within the East 5 varas of Lots Three (3) and Eight (8), and which line is more particularly described on Survey as shown on Exhibit B attached hereto and, and which wall forms a part of the structure and support of the two houses.

Solution: Webb County and Frost National Bank as the owners of Property A & B respectively desire to formalize the existence of the Party Wall, by agreeing to relocate, designate and re-establish the actual boundary lines between their respective properties, as it has existed for over 100 years by removing the encroachments on both properties and document the rights and respective obligations of Webb County and Frost National Bank, Trustee as they relate to the Party Wall by entering into and executing a Party Wall Easement and Boundary Line Agreement.

Result: The approval and execution of the Party Wall Easement and Boundary Line Agreement between the two adjoining property owners will serve to formalize the existence of the Party Wall, and the actual boundaries between their respective properties, as it has existed for over 100 years, and to document the rights and respective obligations of Webb County and Frost National Bank, Trustee as they relate to the Party Wall and Boundary Lines of the respective properties.
Background:
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Previous Court Action:

Fiscal Impact
Budget Account Number: N/A
Funding Source: N/A
Balance: N/A
Financial Impact:
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Attachments
Casa Ortiz- Party Wall Agreement


    

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