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HomeMy WebLinkAboutRES 13-223RESOLUTION NO.13-223 WHEREAS, Miguel Garcia and Maria Socorro have requested that the City of Beaumont grant a License to Encroach into one (1) ten foot (10') utility easement at 3930 Russell Drive, which is described as being out of Lot 6, Block 2, Clara Baldwin Addition, to the City of Beaumont. The encroachment being one (1) existing structure overlapping between 1.93' and 4.63' and one (1) existing structure overlapping 4.57' into the 10' 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 to any damages to the structures 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 Miguel Garcia and Maria Socorro to encroach into one (1) ten foot (10') utility easement at 3930 Russell Drive, which is described as being out of Lot 6, Block 2, Clara Baldwin Addition, to the City of Beaumont. The encroachment being one (1)existing structure overlapping between 1.93' and 4.63' and one (1) existing structure overlapping 4.57' into the 10' 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 to any damages to the structures 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. rrp, �, , Mayor Becky Ames- 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 Miguel Garcia and Maria Soeorro, 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 two structures overlapping 10' (ten foot) utility easement by 1.93' to 4.63' on Lot 6, Block 2, of the Clara Baldwin Addition (3930 Russell 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 st-ructures 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 pail thereof, for the benefit of the City or to protect the health, safety OF welfare of the public, and it terminates this license or any part thereof, Licensee shalt not receive any compensation and the City of Beaumont shah 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 44 EXHIBIT "A" Licensee shall at all times indemnify and hold harmless Licensor and any fi-anchised 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 fi•om the encroachment. Licensor will not be responsible for any damages to the structures 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 agreemelt 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 Cleric 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 probat(-.. 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 of4 Any notice to Licensor shall be sufficient if it is mailed or Rand 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 inailed or hand delivered to Property Owner at 3930 Russell Drive, Beaumont, Texas 77703. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of_ , 2013. LICENSOR: LICENSEE: CITY OF BEAUMONT By: By: — KYLE HAYES MIGUEL GARCIA CITY MANAGER By: ------ MARIA SOCORRO 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 Beaunimit, a nlunici.pal corporation, oil behalf of said corporation. Notary Public, State of Texas ^ S"TA'I'E OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of 2013, by Miguel Garcia. 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 Maria Socorro. Notary Public, State of"Texas RETURN TO: City of Beaumont - Antoinette Hardy-Engineering P. O.Box 3827 Beaumont,Tcxas 77704 Page 4 of 4 1 (GALL N21'48'00'E 36.12') FND N21°50'03"E 35.74' FND 1/2" J CORNER-, !-ROD ____.— Bvo. n 10'UTILITY EASEMENT Ll PER PLAT ..— cov. C. I mDC C NER ?4 e 11.x0' 18.00• E I I I LVME 5'SIDE SETBACK ' 1 sync R VOL. 793, PG. 95 DRJC ' 11.20• �. E L CINDER BLOCK WALL r� B Lwr / Tu I O� E 21.00' E M I N� nO �u 3 UJ� 2 i 11.20' i M n A o LOT 6 s Z BLOCK 2 O tL E LL I I I 1 f 5'SIDE SE78ACK VOL 793, PC. 95 i DRJC 9.75' I4.50' EB.7B' 25'DLDG. SETBACX - -- PER PLAT T I I I E --._.------------i-I ------- ---1 f I I I I "0 I � I L-------- FND 3/4" FND 5/8" CALC. FND PINCHED ) pff E L R O CORNER 1 L PIPE O� Y� FND S25'17'OO V 60.00' , FND S25'1 7'56"W 136.04' (CALL S25'I7'001W 60.00') FND S25'1 7 00"W 60.00'(CALL S25'17'00"W 60.00 (caLL s2srTDD w 136.23) ') _J FND S25'17'00'W 120.00' (CALL S25'1 7'00'W 120.00) REFERENCE BEARING PER PLAT RUSSELL DRIVE (60'ROW) SKETCH OF TO THE OWNERS OF THE PREMISES SURVEYED ENCROACHMENT FOR AS OF THE DATE OF THE SURVEY.' 3930 RUSSELL DRIVE 1. THOMAS S. ROWE DO HEREBY CERI7FY THAT THIS SURVEY WAS THIS DAY LOT 6, BLOCK 2 MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME CLARA BALD" ADDITION OF THE SURVEY. VOL. 7, PG, 116, MRJC DATE SURVEYED; AUGUST 19, 2013 BEA , JEFFERSON REwsED DATE SURVEYED: SEPTEMBER 17, 2013 COUNTY, TEXAS F OF.rt; MARK W. WIRULEY ASSOCIATES INCORPORATED �. .................. GONSNRH7G KNC;W IIiS 7}tOM S.ROV? summons, MD pum 1awa o1d+l.a xa npn,a4p ... 5728 vim;� r>nor-mn P. 0, aa3 b192 a6C 11aIR IRT. THOMAS S. ROWE RE( EXHIBIT "B" N0. 5728 awxwn. mm vmro-aa mmmar, �mw a,-svi-wei Irlr1 lao-aoa-lau iiIIIIIIIIIIIIIIIIIiiiilllillllliilllliillllllllll8 LI` 2@13034112 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 Miguel Garcia and Maria Socorro, 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 encroaclunent being two structures overlapping 10' (ten foot) utility easement by 1.93' to 4.63' on Lot 6, Block 2, of the Clara Baldwin Addition (3930 Russell 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 tenn 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, iuiIlabitants, 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 anu the �_ icy of Beaumont shaii not cue iiauie tnererore, wnetner fou Lne value of property taken, damage to the abutting or retraining property or improvement, Loss of business or profit, loss of access, or otherwise. f aW,e 1 44 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, attomey'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 orpremises covered by this license where such is deemed necessary for the health, welfare and safety of the community. hn 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 eneroaclunent. hn 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 structures 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 Co(lnty, 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 tenination (late, 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 dcl.. a t .; ; j' o! Page-') of 4 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 3930 Russell Drive, Beaumont, Texas 77703. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the I q day of_ CC+-O 6 e- r 1 2013. LICENSOR: LICENSEE: CITY OF BEAUMONT Bv:- By: KYLE HAYES MIG(-ff-L RCIA CITY MANAGER By: ar i ck 7,-,Qc ro C.— r-cky C� Q, MARIA SOCORRO ClAFYCIA Page 3 o1'4 STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENTS a 0 This instrument was acknowledged before me on the day of ft 2013, ), by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation. on behalf ANGELA MARIE THOMAS My Commission Expires December 7, 2016 STATE OF TEXAS X A Notary Public, State of Texas COUNTY OF JEFFERSON X This instrument was acknowledged before me on the L ay of 2013, by Miguel guel Garcia. - - - - - - - - - - - LATASHA YVONNE SAMES My Commission Expires otary P Publ January 15, 2017 tate of Texas I T *I.CW'E STATE OF TEXAS F.4 COUNTY OF JEFFERSON X This instrument was acknowledged before me on the q+hdav of 2013, by Maria Socorro. LATASHA YVONNE SA - M ]ES MY Commission Expires January 15, 2017 RETURN TO kntoinette Hardy - Engineering P. O. Box 382- BeaLIM011t, Texas 77704 Pale 4 (,1'4 YJ ota y Public, ate of Texas EXHIBIT "A" i" S�AyE 1 10, �1 (CALL N21'48'00"E 36.12') FND N21050103"E 35.74' FNDR1 CALC. -�i RNER OIL — G.78' 10' UTILITY EASEMENT PER PLAT 5' SIDE SETBACK VOL. 793, PG. 95 DRJC Lo o� r7 o G7 n cy) V- 0 2 't c0 -j z z u. 25' BLDG. SETBACK PER PLAT -- 0.28' FND 5/8" CALC. I. ROD CORNER FND S25" 17'00 "W 60 nn O �I I I I I HOT Eva I I I I I I I I I I I I I M A � I I I 1 I METAL � \��T�~ o BLOG \, nRE PLACE f 1 COMM TILE } L r 24.00' 8 k; AC WOOD d' FRAM£ RESIDENCE 14.20' LOT 6 BLOCK 2 -1 �O vo 0� 9 (� 1. 24 00. 03�ra�F?69a" PADS' i i h COfiNER BLDG M I 1B.00' i WOOD R acne N �i CINDER BLOCK WALL I I � C7 I I fV Mr I T--N W I Q cW O C1 M M I L CC7 VC°7 OQ J.70' z LL ( cov. , ---- --- I I I I � I I I I I i cDv. I I � I I (CALL S25.17'00"W 60.00) FND S25017'00"W 60.00' (CALL S25' 17'00 "W 60.00') FND S25" 17'00 "W 120.00' (CALL S25' 17'00 "W 120.00 ) REFERENCE BEARING PER PLAT (60' ROW) TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY. 1. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. DATE SURVEYED: AUGUST 19, 2013 REVISED DATE SURVEYED: SEPTEMBER 17L201 _—� 5' SIDE SETBACK VOL. 793, PG, 95 DRJC FND PINCHED FNO 314" I. PIPE FND S25' 17'56 "W 136.04' (CALL S25' 17'00 "W 136.23) SKETCH OF ENCROACHMENT FOR 3930 RUSSELL DRIVE LOT 6, BLOCK 2 CLARA BALDWIN ADDITION VOL. 7, PG. 116, MRJC BEAUMONT, JEFFERSON COUNTY, TEXAS MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONBULYING ,ENGUMN, SURYEYOR9. AND PI.AMM il+m F-c�i0 P. o. Bar awa sand aAaraoc rm. S Uoroxr, raa" -M=-awa 7=0 "M +oa-M-o TA* 40-M-130