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HomeMy WebLinkAboutRES 13-224 RESOLUTION NO.13-224 WHEREAS, John Abe Henderson has requested that the City of Beaumont grant a License to Encroach into one (1) fifteen foot (15') utility easement at 1710 Karen Lane, which is described as being out of Lot 17 and adjourning portion of Lot 18, Block 1, Oakhill Terrace Addition, to the City of Beaumont. The encroachment being one (1) existing structure overlapping between 4.13' and 6.82' and one (1) existing structure overlapping 7.05' 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; 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 damage 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 John Abe Henderson to encroach into one (1) fifteen foot (15') utility easement at 1710 Karen Lane, which is described as being out of Lot 17 and adjoining portion of Lot 18, Block 1, Oakhill Terrace Addition, to the City of Beaumont. The encroachment being one (1) existing structure overlapping between 4.14' and 6.82' and one (1) existing structure overlapping 7.05' 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 fora 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 damage 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. ayor Beck Ames- i� � 4W LICENSE TO ENCROACH STATE OF TIXAS X ALL MEN BY THESE PRESENT'S: 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 Abe Henderson, 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 two structures overlapping 15' (fifteen foot) utility easement by 4.13' to 7.05' on Lot 17 and adjoining portion of Lot 18, Block 1, Oakhill Terrace Addition (1710 Karen Lane). 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 terrrrination 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 Nvriting of how, when and to what extent such improvements are to be made. A copy ofthis 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 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, 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, Licensce 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 ifs 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.lefferson County, Texas by Licensor. 'I his agreerrnent 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 lefferson County, Texas by Licensor. phis 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. Pago 2 44 Any notice to iioeomorxbull be sufficient i[i1 is mailed or hand delivered uu the Office nf the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors SboJ( be Sufficient ifnnuilcd or hand delivered to Property ()x« eraJ l710 Karen Lane, Beaumont, Texas 77706. IN WIT NESS, WHEREOF, the parties hereto have executed this agreement as of the_______day nf_ , 2013. LICENSOR: LlCENSBE: CITY OF BE/\UM()NT &YLEBAYES ]D8K /\82 UENDEDSON C{TYN|AN4�ER /aa3ow ACKNOWWLE:DGMENTS STATE Ol; TEXAS X COUNTY OF JEFFERSON X This instrun`ient was acknowledged before me on the day of , 2013, by Kyle Hayes, City Manager of the City of Beauniont, 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 Abe llenderson. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont,Texas 77704 Pere 4 44 FND 5/8" CURVE rRo—lus J_;URC_LENGTH CHORD LENGTH CHORD BEAR 116 L41V11 -1 rNl) CT 50.00' 1-85.66- 75.56' N 2;'l I 28 T, LL C1 50.00' .98-09,10- S. 25' OF LOT 15 & LOT 16 LO' 16 JEFFERY R. MCMANUS CF NO, 2006024437 5' UTILITY EASEMENT OPRJC PER PLAT (CALL N'89'29'21"E 120.69) FND IRON ROD MITI CAP STAMPED ARCtM FND N89'29'21"E 121.01' EAUX& A EARS END 5 N44'29'44't 0.62!FS B SET 5/8" I. ROD cov. (60' ROW) CARPORT o- C) LOT 17&ADJOINING P PORTION OF LOT 18 'Pe�4_ r I :�� BLOCK 1 JOHN ASE HENDERSON, 0( ax VOL. 1269, P.� 7,9 ORJC 4 qlq FND 2* 1. ROD Nw- LQ co a- U, 04 a f a ,, - S Lot c' 6 SIDEWALK z— WOOD FENCE U_ E. 20' OF LOT 20 ALL OF LOT 19 &A PORTION -- 15' UTILITY EASEMENT OF LOT 18 TERRY L. STEWART, et ux PER PLAT CF NO. 2012037093 OPRJC 5' UTILITY EASEMENT PER PLAT 'F - THIS SURVEY WAS PERFORMED W SET 58' WITHOUT BENEFIT OF CURRENT 1. R 0 TITLE COMMITMENT CALC. [FND S89'19'00"W 65.00' BOUNDARY AND IMPROVEMENT CORNER (CALL S89'19'00-W 65.00') SURVEY ONLY, EASEMENTS, LOT 28 IF ANY, NOT RESEARCHED END SOO'06'007E 130.01' OR SHOWN, WITH THE (CALL SOO'06'00"E 130.01) EXCEPTION OF THOSE PLATTED, TO THE OWNERS OF THE PREMISES SURVEYED FND R2 AS OF THE DATE OF THE SURVEY. 0 HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY 40E ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED 1710 KAREN LANE HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME BEAUMONT, TEXAS 72706 OF THE SURVEY. Lot Number Seventecn (17) and the adjoining DATE SURVEYED. SEPTEMBER 9, 2013 portion of Lot Eighteen (18), in Block Number One (1) of Ookbill Terrace Addition to the City of Be umant, Jefferson County, Texas, as recorded 4; in"Volume 10, page 89, Mop Records office of .............. the County Clerk of said County and State. THOMAS S. 10WE' Owner. John Abe Henderson III and Barbara B. Henderson . ................. 28 �J Census: 3.02 In accordance with he Flood Hazard Boundary Mop, Department of Housing and Urban Development. r- r9 —Community No.: 485457 THOMAS S. ROWE REGISTERED PROFESSIONAL LAND SURVEYOR No. 5728 Panel No.: 0035 C Date of FIRM: 8-6-02 +K W. WIIITELEY This property lies in Zone *X'(white), P. 0. BOX 5492 Location on map determined by scale AND ASSOCIATES BEAUMONT, TEXAS 77726-6492,, map. Actual field elevation not INCORPORATED 409-892-0421 determined. Mork W Whiteley and CONSULTING Associates does not warrant nor Oo ONSULTING ENGINEERS, 3250 EASTFX FRWY. subscribe to the accuracy or scale UR SURVEYORS, AND PLANNERS BEAUMONT, TEXAS 77703 of said maps. TaKas Registered EnginecriQ (rAX) 40D-892-1346 Firm F-2033 Zone 'X'(white) are areas determined to be WA20131 1.3-830\13-830,DWG\BJF outside 500-year flood plain. EXHIBIT "B" L rC 2013032800 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 Abe Henderson, 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 two structures overlapping 15' (fifteen foot) utility easement by 4.13" to 7.05' on Lot 17 and adjoining portion of Lot 18, Block 1, Oakhill Terrace Addition (1710 Karen Lane). 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. 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 fir, 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 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 plain 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 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. PaEe 2 u1'4 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 1710 Karen Lane, Beaumont, Texas 77706. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the 4 _ day of_ O L4D b�°� 2013. LICENSOR: LICENSEE: CITY OF BEAUMONI' By: By: KYLE HAYES J HN ABE HE DERSON CITY MANAGER llagc 3 44 ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X 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 THOMAS My Commission Expires A 1­4 December 7, 2016 Notafy 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 Abe Henderson. — — — — — — — — — — LATASHA YVONNE SAMES Expires I I otaryy Public, Texas My Commission Expires OF'*f January 15,2017 RETURN TO: City of Beaumont Antoinette Hardy—Engineering P. O. Box 3827 Beaurnont, Texas 77704 Page 4 of'4 Fxh ( 6r� A FND 518 CURVE RADIUS CHORD LENGTH CHORD AA LE 1. ROD No 75.56' '18" E 98'09'26" LO LO CALL C1 50.00' 84.66' 98'09'10 S. 25' OF LOT 15 & u w LOT 16 ° C) LOT 16 JEFFERY R. MCMANUS CF NO. 2006024437 5' UTILITY EASEMENT OPRJC PER PLAT FND IRON ROD WTH CAP STAMPED (CALL N89*29'21"E 120.69') ti EAUX& GATES\. FND N89°29'21"E 121.01' ARCENN442844"E 0.62' BEARS FND 518. I. R6D 10.87' 1. W66 Cov. (60' ROW) CARPORT 18, a- LOT 17 &ADJOINING 2S A 3 PORTION OF LOT 18 2 84 d BLOCK 1 Cf- i, V'z 8 Q Ad JOHN ABED HENDERSON, et ux "94�T'4 A VOL. 1269, PG. 79 5.22' DRJC 1-3 LOT 17 9.46 N2mzag * 7-7 2" '-"'7 95' a!Oz i. R�D 0 - j� ei U, 94 oo: 0 U, =W SY� y w It LOT SIDEWALK LZ U) 71Q, I Z oar"-. ZE� g q p WOOD FENCE—ii LL E. 20' OF LOT 20 & ALL OF LOT 19 & A PORTION OF LOT 18 15' UTILITY EASEMENT TERRY L. STEWART, et ux ---- PER PLAT CF NO. 2012037093 OPRJC 7.5' UTILITY EASEMENT PER PLAT _ N w^ 4 89' THIS SURVEY WAS PERFORMED 8" FN 1. WITHOUT BENEFIT OF CURRENT SET TITLE COMMITMENT, CALC D S89019'00"W 65.00' R D BOUNDARY AND IMPROVEMENT CORNER (CALL S89*19'00"W 65.00) SURVEY ONLY, EASEMENTS, LOT 28 IF ANY, NOT RESEARCHED FND SOO*06'00"E 30.01, OR SHOWN, WITH THE (CALL SOO*06'00"E ;30.0 1 EXCEPTION OF THOSE PLATTED. TO THE OWNERS OF THE PREMISES SURVEYED FND 112" AS OF THE DATE OF THE SURVEY. 1. ROD 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 1710 KAREN LANE HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME BEAUMONT, TEXAS 77706 OF THE SURVEY. Lot Number Seventeen (17) and the adjoining DATE SURVEYED, SEPTEMBER 9, 2013 portion of Lot Eighteen (18), in Block Number .......... One (1) of Oakhill Terrace Addition to the City of 71--1 Beaumont, Jefferson County, Texas, as recorded in Volume 10, page 89, Map Records office of ................ ...... the County Clerk of said County and State. THOMAS Owner. John Abe Henderson 111 and Barbara B, Henderson 5728 Census: 3.02 �s S 1 In accordance with the Flood Hazard Boundary Map, Department of Housing and Urban Development. Community No.: 485457 THOMAS S. ROWE REGISTERED PROFESSIONAL LAND SURVEYOR No. 5728 Panel No.: 0035 C Date of FIRM: 8-6-02 MARK W. WHITELEY This property lies in Zone "X" (white). MARK"0 1• O. BOX -,)4142 Location on map determined by scale "'D ASSOCIATES BEAUMONT, TEXAS 77,,26-549Pon map, Actual field elevation not INCORPORATED 40!4-81112-04�11 determined. Mark W. Whiteley (.nd C ONSIJL Associates does not warrant nor ONSULTING ENGINEERS, S URVEY 3250 lf'�ASTEX PKWY, subscribe to the accuracy or scale URVEYORS, AND PLANNERS BEAUMONT, TEXAS 77703 of said mops, 7 � Texas Registered Engineerizig (FAX) 409-1392-1346 +Firm F-2633 Zone "X" (white) are areas determined to be - I _WA2013\13-830 13-830.DWG BJF outside 500- ear flood Dloin.