HomeMy WebLinkAboutRES 02-066 RESOLUTION NO. 02-066
WHEREAS, Apollo Environmental Strategies, Inc. has requested that the City of
Beaumont grant a License to Encroach to install a monitoring well onto the City's forty(40)foot
Irving Street right-of-way,adjacent to Plat F,Tract 53, D. Brown Survey, nearthe intersection
of Irving Street and Buford,as shown on Exhibits"A"and"B"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
Apollo Environmental Strategies, Inc.,onto the City's forty(40)foot Irving Street right-of-way,
adjacent to Plat F,Tract 53,D.Brown Survey,nearthe intersection of Irving Street and Buford,
as shown on Exhibits "A" and "B" attached hereto and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of March,
2002.
- Mayor Pro Tern Guy N. Goodson -
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 Apollo Environmental Strategies,
Inc., 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 the City's right-of-way, five feet(5') eight inches(8") east
of the edge of pavement of Irving Street and fifty-eight feet (58') eight inches (8")
south of the power pole at the corner of Irving Street and Buford. Said encroachment
is shown on Exhibit "A", attached.
NOW,THEREFORE, Licensor hereby grants to Licensee a license to occupy and use
the subject property for the purpose of installing a groundwater monitoring well, subject to all of the
terms and conditions hereof. Licensee shall notify Water/Sewer Dispatch at 409-880-3784, for
locates forty-eight (48) hours prior to any excavation at site of encroachment. Licensee shall
maintain the said monitoring well in a good and safe condition as may be required to protect the
public from injury or property damage. Licensee shall upon completion of remediation activities,
properly close said groundwater monitoring well, with plans subject to approval of the City of
Beaumont Water Utilities Department. After one year from the date of this agreement, Licensee
shall notify Licensor of their intent to continue using the monitoring well. Such notice should be
sent to the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704.
Subject property may continue to be occupied and used by Licensee solely in
connection with the existing structures ana for awidental purposes related thereto during the germ
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.
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EXHIBIT "A"
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.
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 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.
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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.
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 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 City Engineer, City of Beaumont,P.O. Box 3827,Beaumont,Texas 77704. Any notice
to Licensee shall be sufficient if mailed or hand delivered to the Office of Apollo Environmental
Strategies, Inc., P.O. Box 12114, Beaumont, Texas 77726.
IN WITNESS, WHEREOF,the parties hereto have executed this agreement as of the
day of , 2002.
LICENSOR
CITY OF BEAUMONT
By:
Stephen J. Bonczek
City Manager
LICENSEE
By:
Printed name:
Title:
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STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of , 2002, by
Stephen J. Bonczek, City Manager of the City of Beaumont, a municipal corporation, on behalf of
said corporation.
Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of , 2002, by
of , a corporation, on
behalf of said corporation.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Diane N wsome
P.0. Box 3827
Beaumont,Texas 77704
409-880-3725
monitor.lic
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SUBJECT
LICENSE TO ENCROACH
IRVING STREET RIGHT
OF WAY FOR INSTALLATION
OF A GROUNDWATER
MONITORING WELL
PLAT F, BUFO D
TRACT 53, Z
D. BROWN SURVEY N I F F T
✓; LD
APPLICANT: APOLLO Q H >-
ENVIRONMENTAL HAM
STRATEGIES, INC. A N ry W
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EXHIBIT "B"