HomeMy WebLinkAboutRES 10-301 RESOLUTION NO.10-301
WHEREAS, George and Bobbie Blake have requested that the City of Beaumont
grant a License to Encroach into one (1) utility easement at 665 First Street, which is
described as being out of Lot 9, Block 21, McFaddin Second Addition, to the City of
Beaumont. The encroachment being an existing residential dwelling overlapping a 20'
alley by 6.5', as described in Exhibit "A" and shown in Exhibit "B," attached hereto and
made a part hereof for all purposes;
WHEREAS, City staff has expended considerable time and effort in investigating
the effect of such encroachment upon the City easement and utilities therein; 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 statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and
THAT the City Manager be and he is hereby authorized to execute a License to
Encroach to George and Bobbie Blake to encroach into one (1) utility easement at 665
First Street,which is described as being out of Lot 9, Block 21, McFaddin Second Addition,
to the City f Beaumont. The encroachment being an existing residential dwelling
Y 9 9 9
overlapping a 20" alley by 6.5', as described in Exhibit "A" and shown in Exhibit "B,"
attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred
Dollars ($500.00) for the License to Encroach.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
November, 2010.
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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 GEORGE AND BOBBIE
BLAKE,owner,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 an existing residential dwelling overlapping 20' alley by
6.5', on Lot 9, Block 21, McFaddin Second Addition (665 First Street). 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 extemal 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,
Paoe I of 3
EXHIBIT"A"
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 ofthe City Engineer,City ofBeaumont,P.O.Box 3827,Beaumont,Texas 77704. Anynotice
to Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at
2098 McFaddin Street,Beaumont,Texas 77701.
Page 2 of 3
IN WITNESS,WHEREOF,the parties hereto have executed this agreement as ofthe
day of 52010.
LICENSOR LICENSEE
CITY OF BEAUMONT
By: By:
KYLE HAYES GEORGE BLAKE
CITY MANAGER
BOBBIE BLAKE
ACKNOWLEDGMENTS
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of ,2010,
by Kyle Hayes,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 ,2010,
by
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy-Engineering
P.O.Box 3 827
Beaumont,Texas..77704
Page 3 of 3
RICH WITH OPPORTUNITY
Tier Application for License to Encroach
BEAUMONTyk City of Beaumont, Texas
T - E - X - A - S
1. NAME OF APPLICANT: Faust Engineering and Surveying, Inc.
ADDRESS: 2525 Calder, Beaumont TX, 77702 PHONE: (409) 813-3410
2. AUTHORITY OF APPLICANT: Agent
3. NAME OF OWNER: George& Bobbie Blake
ADDRESS: 2098 McFaddin St, Beaumont TX, 77701 PHONE: (409) 835-3537
LEGAL DESCRIPTION OF OWNER'S PROPERTY (Lots, Blocks, Subdivision)
TO BE SERVED BY EASEMENT OR RIGHT-OF-WAY: Lot 9, Block 21,
McFADDIN SECOND ADDITION (VOL. 1, PG. 63, J.C.M.R.)
665 First Street
4. DESCRIPTION OF EASEMENT OR RIGHT-OF-WAY INVOLVED: 20' alley
between rear of lots
5. PRESENT USE OF EASEMENT OR RIGHT-OF-WAY (List Utilities if Present):
Sewer Line
6. USE OF EASEMENT OR RIGHT-OF-WAY DESIRED BY OWNER: Existing
Residential Dwelling (665 First Street) overlaps 20' ally by 6.5' feet.
7. ATTACH A MAP OR PLAT ,DELINEATING THE EASEMENT OR PUBLIC
RIGHT-OF-WAY (Dimensioned and to Engineering Scale). PLEASE INCLUDE
ALL PERTINENT INFORMATION ON THE MAP:
i. Distances from edge of pavement or back of curb
ii. Street names and nearest cross streets
M. Side of the street [east,west, north,south]
8. COST TO BE PAID FOR LICENSE TO ENCROACH AT TIME APPLICATION
IS SUBMITTED— $500 SAID COST BEING NON-REFUNDABLE.
TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND
CORRECT.
1
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CLIENT- GEORGE & BOBBIE BLAKE
N
NORTH STREET
S ¢95}4 TE �ioji'
SCALE l`-- 30'
LOT 9 `"
dig o
LOT 7 LOT 8
� m
m
y
G
1 76.23'
0
EbS S
ANG
ONE STORY
NOW FRAMED
CAST 0 24' m"jV1.111r u 79.42'
20 ALLEY 36.76
LOT 6 LOT 5
LOT 4 LOT 3
oc,
VICINITY MAP ENGINEERING AND SURVEYING,INC.
(4M 813-340 FAX(4M M9-0,M
Project No. 100463
EXHIBIT "B"
IIIIINIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllllllllllllllllll TER 2010045072
5 PGS
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 GEORGE AND BOBBIE
BLAKE, owner,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 an existing residential dwelling overlapping 20' alley by
6.5', on Lot 9, Block 21, McFaddin Second Addition (665 First Street). 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
6f 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 3
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. Any notice
to Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at
2098 McFaddin Street, Beaumont, Texas 77701.
Page 2 of 3
IN WITNESS,WHEREOF,the parties hereto have executed this agreement as of the
Y4 day of 2010.
LICENSOR LICENSEE
CITY OF BEAUMONT
By: By:
KYLE HAYES G RGE BLAKE
CITY MANAGER
ULI )
BOBBIE BLAKE
ACKNOWLEDGMENTS
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the /)*-day of ,2010,
by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said
corporation.
;o..?:�►�s,,.,, STEPHANIE GANDY
Notary Public,State of Texas Not Public State of Texas
g = My Commission Expires
May 22,2011
STATE OF TE
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the 4�— day ofar-61-.,-,-� , 2010,
by
Not
"'►�� ANN LINDHOLM
•:�0�S. Notary Public,State of Texas
RETURN TO: niif;,�.°` My AUgulf 20 2013ires
City of Beaumont
Antoinette Hardy-Engineering
P.O.Box 3827
Beaumont,Texas 77704
Page 3 of 3
CLIENT.' GEORGE & BOBBIE BLAKE
N
NORTH STREET
S 8954'06" E 73.91'
(CALLED EAST 74.50
SCALE 1"= 30'
a
LOT 9
LOT 7 LOT 8 �ti� �� �; LO
-i
m-1
G
1 16.23'
665
O ffl/ OME XIS77NG
STORY
WOOD FRAMED
RESIDENCE
ON PIERS
ALLED 57
�
20 ' ALLEY 36.76' 16 19.42'
LOT 6 LOT 5
I-IB
LOT 4 LOT 3
C5
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MINITY MAP ENGINEERING AND SURVEYING,INC.
N.T.S. 2525 CALDER STREET • BEAMONT,TEXAS 77702
(409)113-34)0 " FAX(409)813-3484
Project No. 100463