HomeMy WebLinkAboutRES 13-222 RESOLUTION NO.13-222
WHEREAS,John Limbrick has requested that the City of Beaumont grant a License
to Encroach into one (1) sixteen foot(16') utility easement at 2680 Dauphine Place, which
is described as being out of Lot 1 and the West 45' of Lot 2, Block D, Virginia Estates
Addition, to the City of Beaumont. The encroachment being one (1)existing structure and
brick wall overlapping 3' into the 16' utility easement as 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, subject to the following conditions:
• The City of Beaumont will not be responsible for any damages to the
structure and the brick wall if the sanitary sewer line should ever develop a
cavity or due to any repairs to the City main by City crews.
• The City of Beaumont shall not be responsible for the repair and
replacement of any paving or other structures within the easement property;
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 with John Limbrick to encroach into one (1) sixteen foot (16') utility easement at
2680 Dauphine Place, which is described as being out of Lot 1 and the West 45' of Lot 2,
Block D, Virginia Estates Addition, to the City of Beaumont. The encroachment being one
(1) existing structure and brick wall overlapping 3' into the 16' 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, subject to the following conditions:
• The City of Beaumont will not be responsible for any damages to the
structure and the brick wall if the sanitary sewer line should ever develop a
cavity or due to any repairs to the City main by City crews.
• The City of Beaumont shall not be responsible for the repair and
replacement of any paving or other structures within the easement property.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
October, 2013.114+
- ayor Becky Ames-
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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 John Limbrick, 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 a structure encroaching three feet (3') and a brick wall
tn
overlapping a sixteen foot (16') utility casement on Lot I and the West 45' of Lot
2, Block D, Virginia Estates Addition (2680 Dauphine Place). 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 terrr. 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 wolf-are 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 of 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 iinproven-ient, loss of
Page I of 4
EXHIBIT "A"
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, judgrients 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 will not be responsible for any damages to the structure and the brick wall if the
sanitary sewer line or the storm sewer 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 than 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
waffanty deed or lease. In any such event, Licensoi shall be notified of such occurrence by
being delivered a copy of the document or documents conveying or leasing the same.
Page 2 of A
Any notice to is icensor shall be sufficient if it is mailed or hand delivered to the Office of
the City Engineer, {pity 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
2680 Dauphine Place, Beaumont,Texas 77705.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the day of 2013.
LICENSOR: LICENSEE:
CITY OIL BEAUMONT
By: By: — -
KYLE HAYES JOHN LIMBRICK
CITY MANAGER
Page 3 of 4
ACKNOWLEDGMENTS
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before ine 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 JEFFERSON X
This instrument was acknowledged before me on the day of ,
2013, by John Linzbrick.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, Texas 77704
Page 4 of 4
DETAIL
NIS
cl
PON ROD
(CA,-LED EAST 105.00)
A.
0 ED
INC
El
z 11, CLNCl ON AU
LOT 1 LOT 2
2680 DAUPIENE PLACE
0 1?1 AFL EASEM041S.010:71,111 Of`
RECORD OR NOT,MIL NLStARCitl)AT
I DO 1EREBY�RTFY.TO III[BEST OF MY KNOMEOCE AND FICUEF.III&I THIS IS AN ACCURATE FLAT OF'A URWY MADE CFF�TFT CY)FIND
IKE ABOVIC TRACT OFINO LOCATED AT_268O DAUPHINF PLACE, BEAUMONT, I-QAS ��105
AS RECORDED 04 FFXUVL---10---.PACE—95 OF OF.JLFrEjJSON COUNIY �EXAS
IN CFERI T.,nIc rl INSURMCZ RATE MAP,ELSE—EMERGENCY—ACEMENI AGENCY,COMMUN�-PME(No 4854�7 QQ25 D
TIMS P FIRE—LIES IN TNE ZONF NOTYD. LOCAVOIN ON MAP DEMAM04ED BY SCALE. AC;IJAL FIELD ELEVATKJK NOT VOL"ANED.
DWESS REGFIFESTED "TTZ&SKPMM,INC.DOES NOT IFAARANT NOR SUBSCRW TO 114C ACW06CY ON SCALE W SAK)UAF. T M— FIRM 01160 1.,L.S.FOI#,-IRS
FLOOD ZONE(F.E.M.A.) X CENSUS TRACT R""B" 011L
UPDATE IvPA".FNIS 6-26-13
REFFSE UPDATES 9-17-13
DATI: WALTER J.KSIAZEK
Fittz' &Shipman 5321
PIELD INC.
U00 NO:05652.0078 1405 CORNERSTONE GOORT BEAUMONT, TEXAS
(409)832-7238 FAX (409)832-7303
EXHIBIT "B"
!!II i I III III IIII ll III II II II `IC 2013032677
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 John Limbrick, 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 a structure encroaching three feet (Y) and a brick wall
overlapping a sixteen foot (16') utility easement on Lot 1 and the West 45' of Lot
2, Block D, Virginia Estates Addition (2680 Dauphine Place). 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 terns 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, deternlines 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 ai terminates this licellse or any part thereof, Liceas,-.e shall iivt
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
Page 1 A'4
business or profit, loss of access, or otherwise.
Licensee shall at all times indemnify and hold hamlless 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 will not be responsible for any damages to the structure and the brick wall if the
sanitary sewer line or the storm sewer 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 tennination. Said notice shall be given not less than 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, T exas 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.
Page 2 44
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
2680 Dauphine Place, Beaumont, Texas 77705.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the a day of_ 0&+o 2 2013.
LICENSOR: LICENSEE:
CITY OF BEAUMO;VT
By: �` By: r,
KYLE HAYES JOH LIMBRICK
CITY MANAGER
Page 3 of 4
ACKNOWLEDGMENTS
STATE OF TEXAS -XI
COUNTY OF JEFFERSON
This instrument was acknowledged before me on the day of
2013, by Kyle Haves, City Manager of the City of Beaumont, a municipal corporation, on behalf
of said corporation.
ANGELA MARIE THOMV1 Notary-Public, State of Texas
My Commission Expires
December 7,D2016
STATE 01" TEXAS, X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the lay of
2013, by John Limbrick.
lotary Public late of Texas
y
LATASHA YVONNE SAMES AMES
Mj(Commission Expires
January 15,2017
RETURN TO:
City of Beaumont
Antoinette Hardy- Engineering
P. O. Box 3827
Beaumont, Texas 77704
Pal-e 4 of'4
CIIEN'! --EQUN. F_0ADFlQK-&---2-NTJllA LU.1 -RICK G.F. NO_
T <
1 16' LjTIl TY EASEMENT -
8' EACH SIDE 0 10.2
23.5
ll
COVi RED
('CV ERE[I
F
DETAIL
L 0 c
LOT I
L,OT 2
FOUND 5/H"
IRON ROC
{CALLED EAST 105,00)
FOUND I
S 89*55'57' E 105.01 NAIL
_OPP
RICK WALL E BRICK—WALL
SANITARY S-,',.R- 16,UTILITY EASEMENT J
MA',HOLE: 81 EACH SDF l02
23.5 IG.2
CONCRETE COW-RP) COVERED -WOOD
BUILDING
DRIVE ON SLAB I
2G8 12 5
1.9 16,8
E-
1 112 STORY BRICK
CK
x RESIDENCE ON SLAB cxj
El
o ❑AC
0
'4
C) AC IRON
==� GATE
E-+ 30
:3
o K 0
z 2118 8.8 112 ccUli— v-
q
l C) ('PICAL)
COVERFDI/
25 BUILDING SETBACK LINE
LOT 1 LOT 2 -
FOUND 1/2' FOUND 5/8"
FOUND CAPPED IRON ROD
-V
IRON !10D IRON R011-\
IN 89*54*59" W 60E01 s 89'59'43" W 45.00
(CALLED WEST 60.00) FOUND 5/8' (CALLED WEST 45.00)
IRON S 89'59'43" W 15.07
(CALLED MST 15,00)
2680 DAUPHINE PLACE
Ho'E: TIAIS SURVEY WAS COMPLETED FF
D W -OU'
74E DENIER', OF A TITLE COMMI7MENF.
0 10 20 NOT ALL EASEMENTS, WHETHER OF
RECORD OR NOT, R� RESEARCHED A
16!W'I6I THE TIME OF THIS WERE
S C A L E
-CRIPTIQN OF sERVCTS REQuESTEDz
ATE CORNERS SLIQ11 IIVPI O�TS
'URVIFYOR S I,ERTFICATION.
I
JO HEREBY CERTFFY fC THE BEST OF My KNOWLEDGE AND BELIEF, IHAI THIS iS AN ACCURAIE FLAT OF A SURVEY MADE ON !HY GROUND
I NDER M'SUPERVISION, SHOWING ALL IMPROVEMENTS AND ANY VISIBLE ENCROACHMENTS, AS OF NOVEMBER 21 2()05
q ABOVE TRACT BEING LOCATED AT 2650 DAUPHINE PLACE BEAUMONL:,_JEXA`.> 77705
Q,I) 8-]N(,,DESCRIBFI! AF ,LOT 1 AND TME Sl 4!L OT LO D OF VIRGINIA ESTATES
—W�- _ _F LO_2_8_ _CK
j RECORDED IN VO,-,JVE 1 1 , PACE 9,5 Dr THE MAP RECORDS GI JIEF COUNTY, TEXAS,
-- --EF-P_SQN
ACCDRDANCE WIH THE FLOOD INSURANCE RATE MAP, FEDERAL EMERGENCY MANAGEMENT AGENCY,F COMMUN'TY-PANEL NO 48,5457 0025_D_
)ATED -F)- TH S PROPERTY LIES IN THE ZONE NOTED. LOCATION ON MAP DETERMINED BY SCALE. ACTUAL FIELD ELEvANON NOT DETERMINED.
UNLESS REQUESTED. FITTZ SHIPMAN. INC. DOES NOT WARRANT NOR SUBSCRIBE TO THE ACCURACY OR SCALE OF SAID MAP. TBI FIRM #1160 e T.X,L.S, FIRM #100186
-0CD 17CNE x CENSUS TRACT 23 REVISION DATE
UPDATE IMPROVEMENTS 6-28-13
REVISE UPDATES 9-17-13 OF
REVISE UPDATES 9-18-13 41 .1
- 'iACFR J
. KSIAZD
REGISTERED PROWE
SSIONA LANE SURVEY NO. 5321
........A.-.c.....
.....
..
. ..
.
DATE: 11 i WALTER J. KSIAZEK
- - — FittzNShpman .....r......... ..............i.....
FIELD E 321
BOOK NO:,95�7 Co-uftingEngiwen; Land S eyors INC. • ? s s I d#.
,JOB NO.:056:)2,0026 1405 CORNERSTONE COURT BEAUVONT, TEXAS
(409)832-7238 FAX (4 09)832-7303