The URL can be used to link to this page

Home My WebLink AboutRES 11-028 RESOLUTION NO.11-028 WHEREAS, Colburn McClelland has requested that the City of Beaumont grant a License to Encroach into one (1) utility easement at 5535 Calder Avenue, which is described as being out of Lot 3, Block 11, Caldwood Addition, to the City of Beaumont. The encroachment being an existing residential dwelling overlapping 8.5' into the 10' easement, 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 Colburn McClelland to encroach into one (1) utility easement at 5535 Calder Avenue, which is described as being out of Lot 3, Block 11, Caldwood Addition, to the City of Beaumont. The encroachment being an existing residential dwelling overlapping 8.5' into the 10'easement,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 18th day of January, 2011. a - Mayor Recky Ames - 9I14�4 .01 l �� 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 COLBURN MCCLELLAND, 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 commercial dwelling overlapping 10' alley by 8.5', on Lot 3, Block 11, Caldwood Addition (5535 Calder Avenue). 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, 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 Page t of 3 EXHIBIT "A" 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. Licensor, and any franchised entity of Licensor, will not be responsible for any damage to the existing structure if the sanitary sewer main should ever develop a cavity or due to any repairs to the main sewer by the Licensor, and any franchised entity of Licensor. 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 waived. 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 sarne. 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 Page 2 of 3 Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at 200 W. CaIdwood,Beaumont, Texas 77707. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of 12011. LICENSOR LICENSEE CITY OF BEAUMONT By: BY: KYLE HAYES COLBURN MCCLELLAND CITY MANAGER ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of 2011,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 , 2011,by Notary Public, State of Texas RE'T'URN TO: City of Beaumont Antoinette Hardy-Engineering P.O.Box 3827 Beaumont,Texas 77704 Page 3 of 3 Fittz&Shipman INC. Cowtelting Engineers and Land Surveyors ARMEMMINNEM EXHIBIT "Al'),PAGE 1 OF 2 Ronald D,Fittz,P.E.,R.P.L.S.(1948-1987) CENTERLINE DESCRIPTION Terry G.Shipman,Chairman of Board Billy J.Smith,Jr.,President FOR A Donald R.King,P.E. 10' WIDE SANITARY SEWER EASEMENT Michelle Falgout,P.E. ACROSS A Walter J.Ksiazek,R.P.L.S. 0.8668 ACRE TRACT OUT OF CALDWOOD ADDITION JEFFERSON COUNTY,TEXAS JANUARY 4, 2011 That certain centerline description across a called 0.8668 acre tract out of Caldwood Addition, a plat recorded in Volume 5, Page 14 of the Map Records of Jefferson County, Texas, and being that same called 0.8668 acre tract conveyed to Blue Water Endeavors, LLC as recorded in Clerks File No. 2007024076 of the Official Public Records of Jefferson County, Texas, said 0.8668 acres being more particularly described by the courses and distances as follows: Basis of Bearing is along the east line of the said 0.8668 acre tract having been called South 00°30'00"West 304.49 feet. COMMENCING at a'/z" iron rod found in the southeasterly right-of-way line of Calder Avenue for the northeast comer of the said 0.8668 acre tract; THENCE South 56°00'38"West along the said southeasterly right-of-way line of Calder Avenue and'the north line of the said 0.8668 acre tract a distance of 17.99 feet(called South 56 000'38"West) to the POINT OF BEGINNING of the said centerline for a 10' wide sanitary sewer easement from which a 518" iron rod found for the northwest corner of the said 0.8668 acre tract bears South 56 000'38"West 182.00 feet(called South 56°00'38" West); THENCE South 00 030'00" East along the said centerline of the 10'wide sanitary sewer easement a distance of 297.32 feet to a point in the northerly right-of-way line of Laurel Avenue and the south line of the said 0.8668 acre tract for the POINT OF TERMINATION of the said centerline for a 10' wide sanitary sewer easement from which a 518" iron rod found for the southeast comer of the said 0.8668 acre tract bears a chord bearing of North 79°01'42" East and a chord distance of 15.25 feet. This Centerline Description is being submitted along with a plat of even date based on a survey performed by ittz & Shipman, Inc. on December 29, 2010. Walter J. Ksiazek ry'�0 G,I$TElpt Asa Registered Professio al Land Surveyor No. 5321 « • o Fittz&Shipman,Inc. WALTER J. K91AZF'' Page 1 of I e Sol .,. Project No. 10003.0115 •, y g a+�•;: Plat 8c Description 1405 Cornerstone Court Beaumont,Texas 77 %{f3 �`�{3 fax(409)832-7303 Tx Board of Prof Engineers Firm No. 1160•Tx Board �r r eyors Firm No.100186 POINT OF BEGINNING EXHIBIT "A". PAGE 2 OF 2 5535 CENTERLINE 10' WIDE 5�t5�55 &0,10JE SANITARY SEWER EASEMENT- C�ER 31 W 199.99) 17.99 (CAL1.EO S 55'�M 1gg.99 56,003 SANITARY IRON ROD S ROD 182.00 SEWER M" COMMENCING POINT FOUND )F" IRON ROD 29.} B L 0 C K ONE sr WOOD FE oRr REMAINDER 8"ILDN� °� scae LOT 0 20 40 N J S A L E s•s o � 2 s'.p = O Lo ff. ^ 4 7- N Q o V°. v- O�ao. �0 ICJ �Q-h, �p �y �-O' cl)Z BLUE WATER ENDEAVORS, LLC CLERKS FILE NO. 2007024076, O.P.R.J.C. 0p (CALLED 0.8668 ACRE) C) Mp \Qyh' 00o m 2h � o c� �\ p0 10' WIDE SANITARY--\ FOUND 3b" SEWER EASEMENT IRON ROD `3 N OF txS s �: CENTERLINE ° 10' WIDE SANITARY SEWER EASEMENT — YUAL.'�'Ep J. I(SIAZY- co to co ${;H4 Lk ,*o POINT OF TERMINATION -: ao CENTERLINE 10' WIDE SURVEYOR'S C£RTiFICATION: °w SANITARY SEWER EASEMENT 1 DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION ON DECEMBER 29, 2010. �Z LOT 4 v C3 �'�/..... C1 C2 a WALTER J. KSIA2£K LAUREL AVENUE FOUND W REGISTERED PROFESSION LAND SUAVE NO. 5321 FOUND IRON ROD CAPPED yy IRON Roo NUMBER DELTA RADIUS ARC CHORD CHORD BEARING Cl 30'58'37" 180.00 97.32 96.14 S 65'58'05" W CALLED 30'58'42" 180.00 97.32 96.14 S 65'58'37" W SEWER SANITARY C2 04'51'25" 180.00 15.26 15.25 N 79'01'42" E C3 26'07'12" 180.00 82.06 81.35 S 6332'23" W 0:\PROJECTS\10003\10003-115\10003TS115.dwg Jon 07. 2011 09:050m F1ttz�ShIpman 10' WIDE SANITARY SEWER EASEMENT SHEET No. INC. PROJECT NME A : 5555 & 5535 CALDER AVENUE 2 �=ltiWEnp.MWdLandStuye m BEAUMIONT, TEXAS PROJECT N0. 1405 CORNERSTONE COURT. BEAUMONT, TEXAS CALDWOOD ADDITION (409) 832-7238 FAX (409) 832-7303 DATE:1/4/11 10003.0115 EXHIBIT "B"