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HomeMy WebLinkAboutRES 86-090 R E S O L U T I O N WHEREAS, Mr. and Mrs. Carroll Meredith, the owners of Lot 10, Block 12, Delaware Place, Section II, have inadvertently constructed a swimming pool upon an easement belonging to the City of Beaumont; 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 the continuance of such encroachment at this time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Interim City Manager is hereby authorized to execute a license for Mr. and Mrs. Carroll Meredith, the owners of said Lot 10, Block 12, of Delaware Place, Section II, to encroach upon the south six (6) feet of a twenty ( 20) foot utility easement abutting Lot 10, Block 12, of Delaware Place, Section II. Such agreement shall be executed in return for a license fee paid to the City of Five Hundred Dollars ($500.00) and shall contain such conditions and provisions included in attached Exhibit "A. " PASSED BY THE CITY COUNCIL of the City of Beaumont this the, ^/ day o f 4c2.�c.�.�- 1986. Mayor - .-LICENSE TO ENCROACH AGREEMENT PATE OF TEXAS § i KNOW ALL MEN BY THESE PRESENTS: ^ COUNTY OF JEFFERSON § _ On the day of 19 the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and a Texas Corporation, hereinafter called "Licensee", contracted and { agreed as set forth herein. Licensee owns Lot(s) Block of the Addition to the City of Beaumont generally t known as address Beaumont, Texas) and Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: NOW, THEREFORE, Licensor hereby grants to Licensee a license to occupy and use the subject property, subject to all of 4L=-the terms and conditions hereof. 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 until termination thereof. If said license is granted for use by an existing encroachment, said license shall terminate upon removal or demolition of said encroachment. C---X Substantial improvements shall not be made upon any existing encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when 4nd 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, reconstruction, or improvement of a structure, the cost of which equals or exceeds twenty-five (25) percent 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 protion 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 therefor, 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 against, and pay in full, for all claims, losses, damages, law suits, costs or expenses, that 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 utility of Licensor, reserve the right to make any improvements 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 shall not be liable to Licensee for any damage occasioned thereby R---= 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. 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. 44 / over� ) Exhibit "A" (' ��FFaa - f S This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensee. 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 than thirty (30) days prior to the termination date, therein specified, as shall be recorded in tie Real Property Records in the Office of the County clerk of Jefferson County, Texas by Licensor. This license is neither assignable or transferrable except in conjunction with, and as a part of, Licensee's conveyance of all the abutting property this license serves through probate or tt warranty deed or lease. In any such event, Licensor shall be i notified of such occurrence by being delivered a copy of the 3 document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed t or hand delivered to the Office of the City Manager, City of t .' Beaumont, Beaumont, Texas. Any notice to Licensee shall be sufficient if mailed or hand delivered to Licensee at IN WITNESS, WHEREOF, the parties hereto have executed this agreement on the day and year first above written. LICENSOR ATTEST: CITY OF BEAUMONT By: City Clerk City Manager c!z LICENSEE STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on the day of , 19 , by City Manage- of the City of Beaumont, a Texas corporation, on behalf of said corporation. Notary Public, State of Texas My Commission expires: Typed or printed name of Notary STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on the day of 191 by i Notary Public, State of Texas My Commission expires: Typed or printed name of Notary