Loading...
HomeMy WebLinkAboutRES 15-062RESOLUTION NO.15-062 WHEREAS, Enterprise Logistic Services, LLC has requested that the City of Beaumont grant a License to Encroach into city -owned property at 6375 Walden Road, which is the location of Fire Station No. 5, which is described as being in the northeast two hundred by three hundred forty feet (fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 3, C.E. Smith Subdivision, to the City of Beaumont. The encroachment being a proposed two inch (2") diameter ground water monitoring well overlapping onto city -owned property 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, time; WHEREAS, it appears that it would be equitable to allow such encroachment at this 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 Enterprise Logistic Services, LLC to encroach into city -owned property located at 6375 Walden Road, which is the location of Fire Station No. 5, which is described as being in the northeast two hundred by three hundred forty feet (fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 3, C.E. Smith Subdivision, to the City of Beaumont. The encroachment being a proposed two inch (2") diameter ground water monitoring well overlapping into city -owned property, 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. 2015. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of April, 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" or "City" and Enterprise Logistics Services LLC, a Texas Limited Liability Company, herein called "Licensee, contracted and agreed as set forth herein. Licensee desires a license frons Licensor to use that real property (the subject of this license agreement) described as follows: Monitoring Well — encroaching on the City's property located at the address locally know as 6375 Walden Road, Beaumont, Texas, which is the location of Fire Station #5, and more particularly described as: The northeast two hundred feet by three hundred forty feet (fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 3 of the C. E. Smith's Subdivision to the City of Beaumont, Jefferson County, Texas, as shown on the neap or plat of record in Volume 1, Page 86 of the Map Records of Jefferson County, Texas. (Hereinafter referred to as the "Subject Property.") Said encroachment is shown on Exhibit "A", attached. NOW, THEREFORE, Licensor hereby grants to Licensee a license to occupy and use the Subject Property for the purpose of installing a groundwater monitoring well, subject to all of the terms and conditions hereof. Licensee shall notify 811 forty-eight (48) hours prior to any excavation at site of encroachment. Licensee shall notify the Water Utilities Project Manager at (409) 785-3017 for utility locates forty-eight (48) hours prior to any excavation. Licensee shall maintain a minimum of ten (10) foot separation between the water mains and the monitoring wells (OD to OD). Licensee shall maintain the said monitoring wells in a good and safe condition as may be required to protect the public from injury or property damage. Licensee shall upon completion of remediation activities, properly close said groundwater monitoring well, with pians subject to approval of the City of Beaumont Water Utilities Department. After three (3) years from the date of this agreement, Licensee shall notify. Li censor of their Intent to continue using the monitoring wells. Such notice would be sent to the Director of Public Works, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Subject Property may continue to be occupied and used by Licensee solely in connection with the Monitoring Well 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. Page I of EXHIBIT "A" The parties understand and agree that the City will continue to use the Subject Property for the purpose for which the City owns the property. If requested by the City, Licensee, at no cost to the City, will adjust, modify or alter its use of the Subject Property in order that the City's use of the property will not be impeded. The City's determination that Licensee needs to adjust its use of the Subject Property, as called for in this paragraph, shall be made at the City's sole discretion. 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 bealth, 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 for, resulting in any manner front Licensee's encroachment on the Subject Property through 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 Subject Property or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community, as determined by the City, in its sole discretion. 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, Page 2 of 3 Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. 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. Licensee's obligations to indemnify and hold harmless the City and its franchisees shall survive the teiniination of this agreement. 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. 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 nailed or hand delivered to Enterprise Logistics Services LLC at 1100 Louisiana Street, Houston, Texas 77002. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of 52015, LICENSOR: CITY OF BEAUMONT By: Kyle Hayes City Manager LICENSEE: Enterprise Logistics Services LLC By: Printed Name: Title: Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2015, 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 , 2015, by of Enterprise Logistics Services LLC. RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. 0. Box 3827 Beaumont, Texas 77704 Page 4 of'4 Notary Public, State of Texas No Text GROUNDCEMENT/ BENTONITE SLURRY SURFACE HYDRATED BENTONITE SEAL (-2 FT) WATER.LEVEL 25 FT Enterprise' Logistical Services LLC Beaumont Terminal 6355 Walden Road Beaumont, Texas 47.694121N, -103.259223W Project No. 7010213GO20 :\Houston SoudADra(dnrs\San Antonio 03 Apex TITAN, Inc. 7879 Broadway Street, Sutte.ioo IGROUNDWATER San Antonio, Texas Phone: (210)800-9922 MONITOR WELL SCHEMATIC ArxWww.apexcos.com A Subsidiary o/Apex Companies, LLC PROTECTIVE LOCKING STEEL RISER PAD APPROXIMATELY 2 FT SCHEDULE 40 2 -INCH DIAMETER PVC RISER PIPE APPROXIMATELY 22.5 FT SCHEDULE 40 24NCH DIAMETER PVC MACHINE SLOTTED (0.010 INCH) WELL SCREEN WITH THREADED BOTTOM PLUG 20/40 SILICA SAND 7 PGS 2015011580 LIC 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" or "City" and Enterprise Products Operating LLC, a Texas Limited Liability Company, herein 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: Monitoring Well — encroaching on the City's property located at the address locally know as 6375 Walden Road, Beaumont, Texas, which is the location of Fire Station #5, and more particularly described as: The northeast two hundred feet by three hundred forty .feet (fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 3 of the C. E. Smith's Subdivision to the City of Beaumont, Jefferson County, Texas, as shown on the map or plat of record in Volume 1, Page 86 of the Map Records of Jefferson County, Texas. (Hereinafter referred to as the "Subject Property.") Said encroachment is shown on Exhibit "A', attached. NOW, THEREFORE, Licensor hereby grants to Licensee a license to occupy and use the Subject Property for the purpose of installing a groundwater monitoring well, subject to all of the terms and conditions hereof. Licensee shall notify 811 forty-eight (48) hours prior to any excavation at site of encroachment. Licensee shall notify the Water Utilities Project Manager at (409) 785-3017 for utility locates forty-eight (48) hours prior to any excavation. Licensee shall maintain a minimum of ten (10) foot separation between the water mains and the monitoring wells (OD to OD). Licensee shall maintain the said monitoring wells in a good and safe condition as may be required to protect the public frorn injury or property damage. Licensee shall upon completion of remediation activities, properly close said groundwater monitoring well, with plans subject to approval of the City of Beaumont Water Utilities Department. After three (3) years from the date of this agreement, Licensee shall notify Licensor of their intent to continue using the monitoring wells. Such notice would be sent to the Director of Public Works, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Subject Property may continue to be occupied and used by Licensee solely in connection with the Monitoring Well 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. Pagel of4 The parties understand and agree that the City will continue to use the Subject Property for the purpose for which the City owns the property. If requested by the City, Licensee, at no cost to the City, will adjust, modify or alter its use of the Subject Property in order that the City's use of the property will not be impeded. The City's determination that Licensee needs to adjust its use of the Subject Property, as called for in this paragraph, shall be made at the City's sole discretion. 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 (250/0) 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 for, resulting in any manner fiom Licensee's encroachment on the Subject Property through 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 Subject Property or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community, as determined by the City, in its sole discretion. 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, Page 2 of 3 Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. 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 beingnon-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. Licensee's obligations to indemnify and hold harmless the City and its franchisees shall survive the termination of this agreement. 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 selves, 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. 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 Enterprise Products Operating LLC at 1100 Louisiana Street, Houston, Texas 77002. IN WITNEF S, WHEREOF, the parties hereto have executed this agreement as of the 2,,-d day of 22015. LICENSOR: LICENSEE: Enterprise Products Operating LLC--- CITY OF BEAUMONT By: 0 By:.11JD Kyle Hayes City Manager Printed Name: Paal e . T;qi Title: Agent and Attorney -in -Fact Page 3 of 4 STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENTS X X This instrument was acknowledged before me on the 154 day of I, 2015, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. j ANGELAWAR.IE THWAS My (ortimission Expires Notar Public State of Texas December 7, 2016 ' STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the Z day of , 2015, by 1 7D Zr"' �M+ G,M/ � � .,w 4/-of Enterprise Products Operating LLC. RETURN TO: City of Beaumont _Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, Texas 77704 Page 4 of 4 otary Public, State .of Texas JASON FORET My CamnNo n Explim Mmy 26, 2016 _7 --77 '7 WALDON ROAD iT LEGEND PROPERTY BOUNDARY PROPOSED MONITORING WELL mk. J-77 7' 1 7 14. �14 1.F p n- L- .71 J-1 W., MONITC)PING,W Z" A �T7 R Apex TITAN, Inc. f -c Enterprise Logistical serAces LLc BeaurnontTerminat F'F Air. �,f, 53SS Walden Road Texas K k;�' UE z' Seaurnortt, T -7 a- 47-694122N. -103.259223W 7 X-P A-1 Project No. 7010213G020 -4FIGURE 1 Off -site Monitoring Well Location ­7 100' I GROUND SURFACE 25 FT CEMENT/ BENTONITE SLURRY HYDRATED BENTONITE (-2 FT) WATER LEVEL Enterprise Logistical Seruices LLC Beaumont Terminal 6355 Walden Road Beaumont, Texas 47.694121N,-103.259223W Project No. 7010213GO20 PROTECTIVE LOCKING STEEL RISER PAD APPROXIMATELY 2 FT SCHEDULE 40 2-INCH DIAMETER PVC RISER PIPE 41 '•C.r APPROXIMATELY 22.5 FT SCHEDULE 40 2-INCH DIAMETER PVC MACHINE SLOTTED (0.010 INCH) WELL SCREEN WITH THREADED BOTTOM PLUG 20140 SILICA SAND Apex TITAN, Inc. '1979 BroadwayStrael, Suite 109 GROUNDWATER Son Antonio, Texas Phone; (210)90/-9922 MONITOR WELL SCHEMATIC urww.an9�os.com A Subsidiary olApox Companies, LLC Ente�pr�se Products March 7, 2018 Dr. Joseph Majdalani Director of Public Works City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Re: Request to Extend License Monitoring Well 6375 Walden Road Beaumont, Texas Recorded Jefferson County Clerk File No. 2015011580 Our Agreement No: L3056 Dear Dr. Majdalani: In accordance with the License to Encroach effective April 2, 2015, by and between the City of Beaumont, as Licensor and Enterprise Products Operating LLC, as Licensee (Recorded Jefferson County Clerk File No. 2015011580), we are hereby notifying the City of Beaumont of our intent to continue to use the monitoring well located at 6375 Walden Road, Beaumont, Texas; at the location of Fire Station #5. I have enclosed the License to Encroach for your reference. Please let us know if there are additional steps we need to take to extend this license. Please acknowledge your receipt of this notification and payment by signing, below, in the space provided, one of the two originals of this letter and returning it in the pre -addressed, postage -paid envelope provided for your convenience. Please retain the second original for your records. If you have any questions, please feel free to contact me at (281) 887-3362 or via e-mail at boulkeprod.com. Sincerely, Gina Boul Land Department The above has received notification This L S * day of /44rr-k , , 2018. L P.O. Box 4324 Houston, Texas 77210-4324 9420 W. Sam Houston Pkwy Houston, Texas 77064