HomeMy WebLinkAboutRES 15-285RESOLUTION NO. 15-285
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 on 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;
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 on 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 15th day of
December, 2015.
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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 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 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 from 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.
Page 1 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 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 from 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 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 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 mailed 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 , 2015.
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. O. Box 3827
Beaumont, Texas 77704
Notary Public, State of Texas
Page 4 of 4
CEMENT/ BENTONITE SLURRY
GROUND
PLUG PROTECTIVE LOCKING
STEEL RISER
SURFACE
o
CONCRETE PAD
HYDRATED BENTONITE SEAL
(-2 FT)
APPROXIMATELY 2 FT SCHEDULE 40 2 -INCH
DIAMETER PVC RISER PIPE
APPROXIMATE
WATER LEVEL
—
APPROXIMATELY 22.5 FT SCHEDULE 40 2 -INCH
— DIAMETER PVC MACHINE SLOTTED (0.010 INCH)
WELL SCREEN WITH THREADED BOTTOM PLUG
25 FT
—
' — GRADED 20/40 SILICA SAND
Enterprise Logistical Services LLC
Beaumont Terminal
6355 Walden Road
Apex TITAN, Inc.
Beaumont, Texas
7979 Broadway Street, Suite 100
GROUNDWATER
47.694121N, -103.259223W
JA
San Antonio, Texas
Phone: (210)8049922
MONITOR WELL SCHEMATIC
www,apexcos.com
A Subsidiary o/Apex Companies, LLC
Project No. 7010213GO20
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Off -Site Monitoring
Well Location
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PROPERTY BOUNDARY
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Project No. 7010213GO20
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FIGURE 1
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Well Location
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AGT
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 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 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 from 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.
Page 1 of 4
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 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 from 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 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 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 mailed 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 /17
day of dLI�Q a &L , 2015.
LICENSOR:
CITY OF BEAUMONT
By: t
Kyle Hayes
City Manager
LICENSEE:
Enterprise Logistics Services LLC
j%
By: N
Printed Name: �/� l�� /J z /z.4?
Title:
Page 3 of 4
STATE OF TEXAS
COUNTY OF JEFFERSON
ACKNOWLEDGMENTS
X
This instrument was acknowledged before me on the /6q-1 day of JP, &,f si ,- ,
2015, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf
of said corporation.
ANGELA MARI1E THOMAS
My Commission Expires
December 7, 201 NNot Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the j7 day ofyfeeon 16er , 2015, by
4&%l ID. Get ir , pry nterprise Logistics Services LLC.
dN7 PV h
JASON MICHAEL SHELL
Notary Public, State of Texas
My Commission Expires
Rini ,�:�r October 31, 2016
RETURN TO:
City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, Texas 77704
Page 4 of 4
;7 Public, State of Texas
PROTECTIVE LOCKING
CEMENT/ BENTONITE SLURRY
GROUND
PLUG
STEEL RISER
SURFACE
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CONCRETE PAD
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Enterprise Logistical Services LLC
Beaumont Terminal
6355 Walden Road
Apex TITAN, Inc.
Beaumont, Texas
7979 Broadway Street, Suite 100
San Antonio, Texas
GROUNDWATER
47.694121N,-103.259223W
4k Phone: (210)804-9922
www.apexcos.com
MONITOR WELL SCHEMATIC
A Subsidiary of Apes Companies, LLC
Project No. 7010213GO20
Z\Houston South\Drafting\San Antonio 02\2013\7010213G020\Well-diagram.dwg
02/19/15
LEGEND
PROPERTY BOUNDARY
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PROPOSED OFFSITE
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Enterprise Logistical Services LLC
Beaumont Terminal
6355 Walden Road
a . Beaumont, Texas
47.694121N,-303.259223W
Val-
- Project No. 7010213GO20
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0 50 loo OH -Site Monitoring
Well Location
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