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Home My WebLink AboutPACKET FEB 15 2001 � C City of Beaumont SPECIAL MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 15, 2001 12:00 P.M. AGENDA OPENING • Invocation Pledge Roll Call • Public Comment: Persons may speak on scheduled agenda items GENERAL BUSINESS 1. Authorize a license to encroach to William and Stephanie Tolin into the utility easement at 835 Edson Drive COMMENTS • Councilmembers comment on various matters • Public Comment(Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: February 15, 2001 AGENDA MEMO DATE: February 12, 2001 REQUESTED ACTION: Council consider a resolution authorizing the granting of a License to Encroach to William M. Tolin, III into a ten foot utility easement. RECOMMENDATION The encroachment is a one story brick residence encroaching 1.39 feet into the ten foot (10') utility easement for a distance of 14.74 feet and also a metal building encroaching 5.68 feet into the same ten foot(10')utility easement for a distance of 9.48 feet. The easement is located at 835 Edson Drive on the south side of the property and is described as being the south 108' of Lot 1, Block 2 of the Terrace Estates Addition. The administration recommends authorization to grant a License to Encroach. BACKGROUND The one story residence and metal building are adjacei4t to an 8" sanitary sewer line. The License Agreement protects the City from liability and provides a thirty (30) day cancellation clause. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny the resolution granting a License to Encroach to William M. Tolin, III into the ten foot (10') utility easement on the south side of Lot 1, Block 2, Terrace Estates Addition. 835Edsonsk.wpd 02/15/2001 SUBJECT r ` rcVWC—_ i OltN[ z i T DA z a 5'cV KING z Cl IAN A07 •. LICENSE TO ENCROACH 10 FOOT UTILITY EASEMENT �_ _ �^2^� TE ti N VANC[ OCR r [ z w �N Z N.CiRCUr- 1AM111 835 EDSON DRIVE 3 "n5- z LOT 1, BLOCK 2 CUNTON 2 TERRACE ESTATE ADDITION N� O C, W O AY O�f � ? TI —�[ LI u c LAUREL M lAUR4 OWNER= N Ln z - WILLIAM M. TOLIN, III g Rc `A""�"DC'� o a eqr 2i LEGEND LOCATION MAP N.T.5. SUBJECT PROPERTY iOuND ./s- urva►6i0� 01'66'65` 11► 107.8 J"JV ROD D /r 01.61'00' r 1 ) /OIMr aV' Di'Q1NN7M YaJVHOLS tC E4 L CAW11 LOW PSAICS V, FrMCt 9:4 OWN LzmK Q qm ormirr LOT y t r N.T.S. ersialreO� + Nor OR A aur="o � ON IV" � � Come �1 come C94 rlacr Fro ..•K� LOT 4 ONr s�� a �, So l& azV wtsmrxes ON S/A/ M' : •r i 0 • V Oo* SUBJECT b.k elf to ( CONC _.+" W L. Aw r. Aiptimm (CALLSO It-uv.aa D-21**8'59' o _ fulls" D�11 as'l0') iD L�109.I1' T�6S.JY '�• C-106.76' rCAL AV C-10I.I t'1 CB S 1 f'2J'Of` Lr °'N An"Aop FOUND come srr r D sTARrcus�1fONUAtAWr IRN 835 EDSOV X1111 O117r EXHIBIT "A" LICENSE TO ENCROACH STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and William M. Tolin, III, hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Encroachment being onto City's ten foot utility easement on the south side of 835 Edson Drive which is described as the south 108' of Lot 1, Block 2 of Terrace Estates Addition. A single story brick house is encroaching 1.39 feet for a distance of 14.74 feet into the said easement. A metal building is also encroaching 5.68 feet for a distance of 9.48 feet into the said easement. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. Page 1 of 4 In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs,judgements or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. As part of the consideration for this agreement,Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less that thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. Page 2 of 4 This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves through probate CP or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the Engineering Technician, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee shall be sufficient if mailed or hand delivered to the Property Owner at 835 Edson Drive, Beaumont, Texas 77706-4506. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the _ day of 12001. LICENSOR CITY OF BEAUMONT By: Stephen J. Bonczek City Manager LICENSEE William M. Tolin, III STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2001, by Stephen J. Bonczek, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas Page 3 of 4 STATE OF TEXAS X COUNTY OF X This instrument was acknowledged before me on the day of 2001, by by William M. Tolin, III. Notary Public, State of Texas RETURN TO: City of Beaumont Diane Newsome P. 0. Box 3827 Beaumont,Texas 77704 880-3725 encroach\835edson.l is Page 4 of 4 RESOLUTION NO. WHEREAS, William M. Tolin, III has requested that the City of Beaumont grant a License to Encroach into the ten foot (10') utility easement on the south side of Lot 1, Block 2, Terrace Estates Addition, 835 Edson Drive, as shown in Exhibit "A' attached hereto and made a part hereof for all purposes; and WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City and utilities serving the same; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a License to Encroach to William M. Tolin, into the ten foot(10') utility easement on the south side of Lot 1, Block 2,Terrace Estates Addition, 835 Edson Drive, as shown in Exhibit"A'attached hereto and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 2001. - Mayor -