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.
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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
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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\
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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
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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
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4.59' OVER
PROPERTY LINE. N89'56'50"E 50,27'
FND 1" I P. \ (PLAT=50.00') 20.0' ALLEY
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TWO STORY
CONCRETE: APARTMENTS ON iv
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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