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HomeMy WebLinkAboutRES 06-277 RESOLUTION NO. 06-277 WHEREAS, LaTEX Investors, L.P., has requested that the City of Beaumont grant a License to Encroach Agreement on the median of Pointe' Parkway,twenty(20)feet north of Folsom Drive (6400 Block of Folsom), for a three (3) foot high brick, monument sign, nineteen (19) feet in length, 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 with LaTEX Investors, L.P., for a three (3) foot high brick, monument sign, nineteen (19) feet in length, on the median of Pointe' Parkway, twenty (20) feet north of Folsom Drive (6400 Block of Folsom) as shown in Exhibit "A" attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred Dollars ($500.00) for each License to Encroach. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2006. r` M0 �11 i III R i - Mayor Guy N. Goodson - l�',1 � Iii FRrwST oaww caw(0nnW) S. SM CAP Ail- it I I POINTE P . AY �I I� i m�� ' I� FOLSOM11T DIM GROUP—� 20*II II III a POINTS PKWY LAMXOV m MW Mr A ------- I I I I II of ow I� 1��� VAY ---LsTEaCI1iVESTORS,L.P. rol oII ffloposm WMPAWSW Cwroff I Iw ConruftvEreg--s&Survej-rs ltbnat4 . E 'HIBI T "A " 3120 FanninFanninSaau Beaurrwn4 Taus=01 CITY OF BEAUMONT ...girl PUBLIC WORKS ' = INTEROFFICE MEMORANDUM November 6, 2006 TO: Rose Ann Jones, City Clerk FROM: Ilona N. Baker,Real Property Specialist iJ,% SUBJECT: Instrument for Filing COMMENTS Enclosed please find a copy of the recorded License to Encroach being a three foot(3) high brick, monument street sign nineteen(19)feet in length in the median of Pointe'Parkway,twenty(20)feet north of Folsom Drive. The application was made by LaTEX Investors, L. P., through their agent Carroll & Blackman, Inc. (Resolution No. 06-277) \c i tyclk\encro ac Imients\monument_sign L:C 10060 6 PGS 42555 LICENSE TO ENCROACH STATE OF TEXAS X 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 LaTEX INVESTORS, L. P., owners, 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: Said encroachment being a three foot(T)high brick,monument street sign nineteen (19) feet in length in,the median of Pointe' Parkway, twenty (20) feet north of Folsom Drive. Said encroachment is shown on Exhibit "A", attached. 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. 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, Page 1 of 4 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. 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. Anynotice to Licensee shall be sufficient if mailed or hand delivered to Property Owner at 7735 Pecan Drive, Beaumont, Texas 77713. Page 2 of 4 IN WITNESS,WHEREOF,the parties hereto have executed this agreement as of the ZS IL day of 6 CJ91ei 52006. LICENSOR LICENSEE CITY OF BEAUMONT LaTEX�INNVESST/O`R,S, L. P. : B Y By: .cam•-cI KYLE HAYES CITY MANAGER Printed Name:,-2cow 4e,*y�1Y744Ac77- Title: p ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the(day of .D , 2006, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. s'n TINA G.BROUSSARD y= MY COMMISSION EXPIRES Notary Public, State of Texas a• ` December 7,2006 Page 3 of 4 STATE OF L-O uAS t AXN A X pplfckS!4 OF rAkaIAsle-tj, X This instrument was acknowledged before me on the day of 2006 by R.n{ M Derr of LaTEX ESTORS, L. P., on behalf of said corporation. 4-W- P 'E" e in'►opo--T-r �c" 6audg:�t,=2 Not Pub i , State of tQ RETURN TO: KAY VAUGHAN City of Beaumont CALCASIEU PARISH Ronnie Pullin �©IVINIILA QIOTEA�RY#56286 �� P. O. Box 3827 IRIS AT D Beaumont,Texas 77704 409/880-3728 license_monument-sign Page 4 of 4 PRECAST caua GP(OPWMO 8. aaac ow POINTE P AY . it 19.0' _ �1, 1,�60 SOME FEET IA FOLSOMMEDICAL GROUP—� ( I II ( I � 20' 19' N POINTE' PKWY i o d UNDSOVW AEDIAN 201"(MEMN II I I� rOINTE rAnWAY �La TEN INVESTORS,L.P. PROPOSED MONUMENT SIGN C)f Iw emu& Mow"fff. Consulting Engineers&Swu ff EXIBI T ��� 3120 Fannin Street HI BIT 1 jtkr� 40833-3 Beaumont, Texas 77701 (409)833-3363 f FILED AND RECORDED OFFICIAL PUBLIC RECORDS e"4- ;elviao y, 2006 Oct 26 02:29 PM 2666042555 GEORGE $32,00 CAROLYN L. GUIDRY COUNTY CLERK JEFFERSON COUNTY TEXAS r