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HomeMy WebLinkAboutRES 14-202RESOLUTION NO. 14-202 WHEREAS, Judith Rich has requested that the City of Beaumont grant a License to Encroach into a twenty foot (20') alley located at 2394 Angelina Street, which is described as being in Lot 7, Block 10, Oaks Addition, to the City of Beaumont. The encroachment being an existing structure overlapping 4.59' into a twenty foot (20') alley 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 Judith Rich to encroach into a twenty foot (20') alley located at 2394 Angelina Street, which is described as being in Lot 7, Block 10, Oaks Addition, to the City of Beaumont. The encroachment being one (1) existing structure overlapping 4.59' into a twenty foot (20 ") alley, 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 23rd day of September, 2014. w T J - "_ yor Becky mes - LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY "1 HESE 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 Judith Rich, owner, hereinafter called "Licensee ", contracted and agrced as set forth hereill. Licensee desires a license from Licensor to use that real property (the subject of this license agn-eenaent) described as follows: Said encroachment being a structure overlapping a 20' (twenty foot) alley by 4.59' on Lot 7, Block 10, of the Oaks Addition (2394 Angelina Street). 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 n7ade 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 dan-iage 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 tern-1 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 I of 4 EXHIBIT "A" Licensee shall at alI 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 from the encroachment. Licensor will not be responsible for any damages to the structures if the sanitary sewer line or the stoma 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 ($1500.00). 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 elate, 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. Page 2 o f 4 Any notice t�_> Licensor shall be sufficient if it is mailed or band 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 ]land delivered to Property/ Owner at 995 Monterrey Drive, Beaumont, Texas 77706. IN NVE'NESS, WHEREOF, the patties hereto have executed this ageernent as of the _ day of _ .2014. LICENSOR: LICENSEE: CITY OF BEAUMONT By: By: _ KYLE HAYES JUDITH RICH CITY MANAGER Pagc 3 (0A ACKNOWLEDGMENTS STATE OF TEXAS .X7 COUNTY OF JEFFERSON X This instrurnent was acknowledged before me on the day of , 2014, by Kyle Hayes, City Manager of the City of Beau111ont, 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 2014, by Judith Rich. RETURN TO: City of Beaumont Antoinette Hardy - Engineering. P. O. Box 3827 Beaumont "hexas 77704 Notary Public, State of Texas Page 4 o f 4 u Ct 0- 1' = 20 CONCRETE IS 4.59' OVER PROPERTY LINE. Pl35'Sv''SC 50.,7' 20.0 ALi_E" FND I" I.P. \ ;PLaT- 50A0') 11.32' TWO STORY CONCRETE APARTMENTS ON raj CONCRETE SLAB m LOT 7 P,LOCI< 10 CONCRETE -'' 15.9' ! ip jM m TWO STORY v RE51DE14CE ON PIERS & c kll� CONCRETE SLAB N 37.a COVERED CONCRETE 11,41 n :Q G G � I I c r` a U U, J FND 3/4" I.R.o WEST 49.91' (REF. BEARING) a a 0 m 0 b i 0 u N N h LOT 3 BLOCK 10 S89°57'40 "E 49.82' FND 3 j E" i.R FND 3/8" I.R. AINGE__LI N ' 3 T R E F T (6G' R.O.W °j I, I.D. MCCLENAN DO HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE PLAT SURVEYED FOR: OF LOT 7, BLOCK 10, OAKS. ADDITION, RECORDED IN VOLUME 3, PAGE 149, MAP JUDITH RICH RECORDS OF JEFFER50N COUNTY, TEXAS AND SHOWING ALL IMPROVEMENTS THEREON. 2394 ANGELINA STREET THERE ARE NO OVERLAPPING OF IMPROVEMENTS EXCEPT AS SHOWN HEREON. THERE BEAUMONT, TEXAS 77702 ARE NO VISIBLE SIGNS OF ENCROACHMENTS AT TIME TIME OF THE SURVEY EXCEPT AS SHOWN. THE UNDERSIGNED SURVEYOR DOES NOT WARRANT OR SUBSCRIBE TO THE ACCURACY OR SCALE OF FLOOD ZONE INFORMATION WHICH tS DERIVED FROM THE ABOVE REFERENCED FLOOD INSURANCE RATE MAP. USE OF TI4IS SURVEY FOR ANY OTHER PURPOSE OR BY ANY OTHER PARTIES IS AT' THEIR OWN RISK AND THE UNDERSIGNED SURVEYOR IS NOT RESPONSIBLE FOR ANY LOSS RESULTING THEREFROM. OF COPYRIGHT 2014 �? G1ST 9 -JNE SURVEYORS, INC. J. D. iviCi,LEi�l� 1I5}, - -- ,..m. THIS PROPERTY LIES IN FLOOD\ 2519 •, ': ZONE AS INDICATED ON PANEL DATED J.D. 4cCtena `� I p `cr.rrn 4013262�� CIVIL ENOUCERING!LAND SURVEYING Re[gleroroo Profo -lona! SuI o1'or EXHIBIT "B" 1.O, 3DX 2440 ORANGE, TX 77631 Taros deglslroNcre Namner 2512 �7�'0 (409) 883 -6635 ROCV o c o � _ i i j u I CONCRETE e c w � 21.7' LOT 7 P,LOCI< 10 CONCRETE -'' 15.9' ! ip jM m TWO STORY v RE51DE14CE ON PIERS & c kll� CONCRETE SLAB N 37.a COVERED CONCRETE 11,41 n :Q G G � I I c r` a U U, J FND 3/4" I.R.o WEST 49.91' (REF. BEARING) a a 0 m 0 b i 0 u N N h LOT 3 BLOCK 10 S89°57'40 "E 49.82' FND 3 j E" i.R FND 3/8" I.R. AINGE__LI N ' 3 T R E F T (6G' R.O.W °j I, I.D. MCCLENAN DO HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE PLAT SURVEYED FOR: OF LOT 7, BLOCK 10, OAKS. ADDITION, RECORDED IN VOLUME 3, PAGE 149, MAP JUDITH RICH RECORDS OF JEFFER50N COUNTY, TEXAS AND SHOWING ALL IMPROVEMENTS THEREON. 2394 ANGELINA STREET THERE ARE NO OVERLAPPING OF IMPROVEMENTS EXCEPT AS SHOWN HEREON. THERE BEAUMONT, TEXAS 77702 ARE NO VISIBLE SIGNS OF ENCROACHMENTS AT TIME TIME OF THE SURVEY EXCEPT AS SHOWN. THE UNDERSIGNED SURVEYOR DOES NOT WARRANT OR SUBSCRIBE TO THE ACCURACY OR SCALE OF FLOOD ZONE INFORMATION WHICH tS DERIVED FROM THE ABOVE REFERENCED FLOOD INSURANCE RATE MAP. USE OF TI4IS SURVEY FOR ANY OTHER PURPOSE OR BY ANY OTHER PARTIES IS AT' THEIR OWN RISK AND THE UNDERSIGNED SURVEYOR IS NOT RESPONSIBLE FOR ANY LOSS RESULTING THEREFROM. OF COPYRIGHT 2014 �? G1ST 9 -JNE SURVEYORS, INC. J. D. iviCi,LEi�l� 1I5}, - -- ,..m. THIS PROPERTY LIES IN FLOOD\ 2519 •, ': ZONE AS INDICATED ON PANEL DATED J.D. 4cCtena `� I p `cr.rrn 4013262�� CIVIL ENOUCERING!LAND SURVEYING Re[gleroroo Profo -lona! SuI o1'or EXHIBIT "B" 1.O, 3DX 2440 ORANGE, TX 77631 Taros deglslroNcre Namner 2512 �7�'0 (409) 883 -6635 WI�I'�Inl�ll�1 �i�.. 3014012611 LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date Mast indicated below, the Citv of Beaumont.. a municipal corporation, of Beaumont, ,lefferson County, Texas, herein called "Licensor" and Judith Rich. 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 overlapping a 20' (twenty foot) alley by 4.59' on Lot 7, Block 10, of the Oaks Addition (2394 Angelina Street). 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 tern 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 tern 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. detennines 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. Paec I of 4 Licensee shall at all times indemnifv and hold harmless Licensor and anv franchised entity of licensor aLainst, and pay in full, for all claims, losses, damages, law suits. attorneys 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 light -of -way or premises covered by this license where such is deemed necessary for the health. welfare and safety of the communit} . In doing SO, Licensor and any fi-anchised 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 resultin<a, 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 darnages 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 (5500.00). 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 specifyin;� the date of termination. Said notice shall be given not less than thirty (-) days prior to the termination date. therein specified, and shall be recorded in the Real Property Records in the Office of the Countv 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. Anv notice to Licensor sball 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. .Ariy notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at 995 Monterrey Drive. Beaumont, Texas 77706. IN WITNESS, WHEREOF. the parties hereto have executed this auneement as of the day of (�'-?? 2014. LICENSOR: LICENSEE: CITY OF BEAUMONT Bv: _ KYLE HAYE'S CITY MANAGER Pave of'4 STATE OF TEXAS COUNTY OF JEFF'ERSON ACKNOWLEDGMENTS X X This instrument was acknowledged before me on the y day of � be 2014, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said orrnora on. ANGELA MARIE THOMAS My Commission Expires December 7, 2016 STATE OF TEXAS Notary Public. State of Texas COUNTY OF JEFFERSON X 1 r This instrument was acknowledged before me on the day of 2014, by Judith Rich. RETURN T0: L.ATASHA YVONNE SAMES 99Al � My Commission Expires t oar of Texas January 15. 2017 Y Publi tate o City of Beaumont Antoinette Hardy - Engineering P. 0. Box ' S27 Beaumont. Texas 77704 Paec 4 of 4 ................ CONCRETE IS LL.J Ljj i V d C� 4.59' OVER PROPERTY LINE. N89'56'50"E 50,27' FND 1" I P. \ (PLAT=50.00') 20.0' ALLEY 11.32' FND 3/8" I.R. TWO STORY CONCRETE: APARTMENTS ON iv CONCRETE SLAB no 40' 23.19' � q e e q ROCK e d LOT 7 ® BLOCK 10 s � O C7 C7 CONCRETE It CONCRETE - 15.9' i0 A/C cD a0 a 21.7' v 00 TWO STORY RESIDENCE o ON PIERS & a CONCRETE SLAB Z N 37.6' COVERED CONCRETE w w r r w w CJ U Z Z p.. FND 3/ 4" I.R. 0 WEST 49.91' (REF. BEARING) ANGELINA STREET LOT 8 BLOCK 10 S89.57'40"E 49.82' FND 3/8" I.R. FND 3/8" I.R. (60' R.O.W.) I, J.D. McCLENAN DO HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE PLAT SURVEYED FOR: OF LOT 7, BLOCK 10, OAKS ADDITION, RECORDED IN VOLUME 3, PAGE 149, MAP JUDITH RICH RECORDS OF JEFFERSON COUNTY, TEXAS AND SHOWING ALL IMPROVEMENTS THEREON. 2394 ANGELlNA STREET THERE ARE NO OVERLAPPING OF IMPROVEMENTS EXCEPT AS SHOWN HEREON. THERE BEAUMONT, TEXAS 77702 ARE NO VISIBLE SIGNS OF ENCROACHMENTS AT THE TIME OF THE SURVEY EXCEPT AS SHOWN. THE UNDERSIGNED SURVEYOR DOES NOT WARRANT OR SUBSCRIBE TO THE ACCURACY OR SCALE OF FLOOD ZONE INFORMATION WHICH IS DERIVED FROM THE ABOVE REFERENCED FLOOD INSURANCE RATE MAP. USE OF THIS SURVEY FOR ANY OTHER PURPOSE OR BY ANY OTHER PARTIES IS AT THEIR OWN RISK AND THE UNDERSIGNED SURVEYOR IS NOT RESPONSIBLE FOR ANY LOSS RESULTING THEREFROM. OF �. •'' ""•• 4 ® COPYRIGHT 2014 B—LINE SURVEYORS, INC. p �, q • l J. D. N►CCLENAN t"' �•�.•.. THIS PROPERTY LIES IN FLOOD tO 2• I ZONE AS INDICATED ON TPAD EL l� •. � , 04 21 '14 DRAW B!` `�MLtfi DA1L� / � S.D. MCCleriar cxEzxfn se,,. L'S Gfrn 4013268E Registered Professlorraf Surveyor --- Texas Regisfratlon Number 2512 nAcu g6-619 eK^ 37/70 to CIVIL ENGINEERING/LAND SURVEYING P.O. BOX 2440 ORANGE, TX 77631 (409) 883-6698