HomeMy WebLinkAboutRES 13-100 RESOLUTION NO.13-100
WHEREAS, Phyllis Miller has requested that the City of Beaumont grant a License
to Encroach into one (1)fifteen foot(15') utility easement at 5995 Gladys Street, which is
described as being in Lot 1, Block 4, Milnor Place Addition, to the City of Beaumont. The
encroachment being structures overlapping 6.51' to 11.33' into the 15' utility easement
described in Exhibit"A" and shown in Exhibit"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 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 Phyllis Miller to encroach into one(1)fifteen foot(15')utility easement at 5995
Gladys Street, which is described as being out of Lot 1, Block 4, Milnor Place Addition, to
the City of Beaumont. The encroachment being existing structures overlapping 6.51' to
11.33' into the 15' utility 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 7th day of May,
2013.
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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 Phyllis Miller, 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 structures overlapping 15' (fifteen foot) utility easement
by 6.51' to 1.1.33' on Lot 1, Block 4,of the Milnor Place Addition (5995 Gladys).
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 darnage 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.
Page 1 of 4
EXHIBIT "A"
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, judgments 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 has an existing eight inch (S") sanitary sewer line within the fifteen foot (I5')
utility easement. The Licensee's tap is located inside the garage and will need to be relocated.
Per Licensor's policy, all residential sanitary sewer taps must be made by Licensor forces at the
expense of the Licensee. It is also the Licensee's responsibility to hire a licensed plumber to
relocate the sanitary sewer service line from within the building and tie the new line to the
relocated sanitary sewer tap.
Licensor will not be responsible for any damages to the structures if the sanitary sewer
line should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews.
The Licensor shall not be responsible for the repair and replacement of any paving or other
structures within the Easement property.
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. In addition, Licensor will not be
responsible for any damages to the structure if the sewer main should ever develop a cavity or
due to any repairs to the Licensor main by Licensor crews.
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.
Page 2 of 4
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
5995 Gladys, Beaumont,Texas 77706.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the day of , 2013.
LICENSOR: LICENSEE:
CITY OF BEAUMONT PHYLLIS MILLER
By: By:
KYLE HAYES 'PHYLLIS MILLER
CITY MANAGER
Page 3 of 4
ACKNOWLEDGMENTS
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of ,
2013,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 DALLAS X
This instrument was acknowledged before me on the day of ,
2013,by Phyllis Miller.
Notary Public,State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy-Engineering
P.O.Box 3827
Beaumont,Texas 77704
Page 4 of 4
CURVE I RADIUS I ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE
FNO C1 1 360.00' 1 85.20' 85.00' N 06'27'04" E 13'33'36"
CALL C11 360.00' 1 89.22' 1 88.99'
(80' ROW)
CALC. (CALL N88'48'08"E� 120.00') {CALL N88'48'OS"E 105.00')
CORNER FND N68°48 08 E 120.00 FND N88 48'081 104-77'
FND 1/4" FND 1/4"
1. ROOD 1. ROOD
SCALIs' 1"--30,
LOT 1
BLOCK 4
MILNOR PLACE
VOL. 10, PG. 123, MRJC 00
CID
c.:.' C ^
f-j W
lwu o? w 4
W. 105' OF LOT 2
- p C cr) WARD C. McCURTAIN, et. ux.
- VOL. 1710, PG. 450
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I5' UTILITY EASEMENT 16.24
PER PLAT. , 7- — METAL W SORT
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CALC. f......... i._.._..t
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CORNER
FND BROKEN CONC MO N 04 ^ of I
BEARS N 14'42'34"E 0.99' ,^� o ro o FND 1 2"
R(D
U " ° FND(CALLLSSS919'OOV 1 120.01'
0
FND 12" Vol NGo R)G
1.I. R6D oHSP SKETCH OF
TO THE OWNERS OF THE PREMISES SURVEYED ENCROACHMENT FOR
AS OF THE DATE OF THE SURVEY.• 5995 GLADYS AVENUE
1. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY BEAUMONT, JEFFERSON
MADE ON THE SURFACE OF THE GROUND OF THE PCLAND Y DESCRIBED COUNTY, TEXAS
HEREON AND CORRECTLY REPRESENTS THE FACTS F
OF THE SURVEY- MARK W. WHITELEY
DATE SURVEYED: APRIL is 2013 R<"p' S' AND ASSOCIATES
.. INCORPORATED
ROWE o�nAND PLURGM BURIFROM�� �riA. O, HWf 6QE sm xwo pm.
THOMAS S. ROWE - REGISTERED PROFESSIONAL No. 5728
EXHIBIT"B"
NN
F I lul
LIC 2013015836
6 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 Phyllis Miller, 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 structures overlapping 15, (fifteen foot) utility easement
by 6.51' to 11.33' on Lot 1, Block 4, of the Milnor Place Addition (5995 Gladys).
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
value of property taken, damage to the abutting or remaining property or improvement, loss of
business or profit, loss of access, or otherwise.
Page 1 of 4
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, judgments 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 has an existing eight inch (8") sanitary sewer line within the fifteen foot (15')
utility easement. The Licensee's tap is located inside the garage and will need to be relocated. .
Per Licensor's policy, all residential sanitary sewer taps must be made by Licensor forces at the
expense of the Licensee. It is also the Licensee's responsibility to hire a licensed plumber to
relocate the sanitary sewer service line from within the building and tie the new line to the
relocated sanitary sewer tap.
Licensor will not be responsible for any damages to the structures if the sanitary sewer
line should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews.
The Licensor shall not be responsible for the repair and replacement of any paving or other
structures within the Easement property.
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. In addition, Licensor will not be
responsible for any damages to the structure if the sewer main should ever develop a cavity or
due to any repairs to the Licensor main by Licensor crews.
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.
Page 2 of 4
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
5995 Gladys, Beaumont, Texas 77706.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the day of MO-V , 2013.
LICENSOR: LICENSEE:
CITY OF 13EAUMONT PHYLLIS MILLER
By: By
KYLE HAYES PHYLff MILLER
CITY MANAGER
Page 3 of 4
ACKNOWLEDGMENTS
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of ,
2013,by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporate n, on behalf
of said corps ton.
ANGELA MARIE THOMAS
My Commission Expires
December 7,2016
Not Public, State of Texas
STATE OF TEXAS X
COUNTY OF DALLAS X
This instrument was acknowledged before me on the a hLy of
2013,by Phyllis Miller.
Notar4b4-1 to of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy-Engineering
P.O.Box 3827 LATASHA YVOwe SAWS
Beaumont,Texas 77704 My Commission ENO=
January 15,2017
Page 4 of 4
I
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE
FND Cl 360.00' 85.20' 85.00' N 06'27'04" E 13'33'36°
CALL C11 360.00' 1 89.22' 88.99'
GLADYS STREET
(80' ROW)
CALL (CALL N88"4808 E� 120.00) (CALL N88'48'08"E 105.00")
CORNER FND N88°48 08 E 120.00 FND NM48'08'E 104.77'
FND 1/4° FND °
1. ROD 1. R 1/4
SCUT l`_30'
LOT 1
BLOCK 4
MILNOR PLACE
VOL. 10, PG. 123, MRJC op
cj
e�
CN
=W z W. 105' OF LOT 2
3 O O o
WARD C. MCCURTAIN, et. ux.
m VOL. 1710, PG. 450
w DRJC
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15. !T1`WEMENT x6.24
METAL ` h ry PO
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CALC. _ 34.06'
SHE- _
FND BROKEN CO NC IMON
BEARS N 14'42'34 E 0.99' o � � ^o ° FND 1 2°
^ vi Ni Ki DO 1. D
" FND S89°25'37"W 120.01'
v (CALL S89'19'00'W 120.00) �p\m Vol
IF vo OF
TO THE OWNERS OF THE PREMISES SURVEYED ENCROACHMENT FOR
AS OF THE DATE OF THE SURVEY. 555 GLADYS AVENUE
1. THO AS S_ROWS DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY BEAUMONT, JEFFERSON
MADE O!v THE SURFACE OF THE GROUND OF THE PROPERTY, Y DESCRIBED COUNTY, TEXAS
HEREON AND CORRECTLY REPRESENTS 774E FACTS FOUN
OF THE SURVEY.
DATE SURVEYED APRIL 17, 2013 NARK w. wHITELEY
AND ASSOCIATES
,. _ , INCORPORATED
THOMAS S ROWS lNy,
`% 5728..Pff SIU molm MD PLuem
ti �fSS�o?�., As
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THOMAS S. ROW — REGISTERED PROFESSIONAL, D No. 728