HomeMy WebLinkAboutRES 15-305RESOLUTION NO. 15-305
WHEREAS, Carolyn Fullerton has requested that the City of Beaumont grant a License
to Encroach into one (1) twenty foot (20') utility Easement at 635 Shakespeare Drive, which is
described as being in Lot 9, Block 21, Dowlen West Subdivision and part of Tract II which is
described as being a 0.4847 acre tract in the H. Williams Survey, Abstract No. 56, to the City of
Beaumont. The encroachment being two (2) existing structures overlapping 1.82' to 3.28' into
the twenty foot (20') utility easement as 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 Carolyn Fullerton to encroach into one (1) twenty foot (20') utility easement at
635 Shakespeare Drive, which is described as being in Lot 9, Block 21, Dowlen West
Subdivision and part of Tract II which is described as being a 0.4847 acre tract in the H.
Williams Survey, Abstract No. 56, to the City of Beaumont. The encroachment being two (2)
existing structures overlapping 1.82' to 3.28' into the twenty foot (20') utility easement, as
described in Exhibit "A" and shown on Exhibit "B," attached hereto and made a part hereof for
all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
December, 2015.
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 Carolyn Fullerton, 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 existing (2) structures (pool and pool equipment)
overlapping a 20'(twenty foot) utility easement by 1.82' to 3.28' on Lot 9, Block
21, Dowlen West Subdivision (635 Shakespeare Drive). 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
Page 1 of 4
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, 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 (pool or pool
equipment) if the sanitary sewer mains should ever develop a cavity or due to any repairs to the
Licensor main by Licensor crews or contractors crews hired by the Licensor. The Licensor shall
not be responsible for the repair and replacement of the pool 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 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.
Page 2 of 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
635 Shakespeare Drive, Beaumont, Texas 77706.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the day of
LICENSOR:
CITY OF BEAUMONT
By:
KYLE HAYES
CITY MANAGER
2015.
LICENSEE:
Page 3 of 4
CAROLYN FULLERTON
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 Carolyn Fullerton.
RETURN TO:
City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, Texas 77704
Notary Public, State of Texas
Page 4 of 4
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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" and Carolyn Fullerton, 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 existing (2) structures (pool and pool equipment)
overlapping a 20'(twenty foot) utility easement by 1.82' to 3.28' on Lot 9, Block
21, Dowlen West Subdivision and part of Tract II a 0.4847 acre tract in the H.
Williams Survey, Abstract No. 56 (635 Shakespeare Drive). 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 properly, 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
Page 1 of 4
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, 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 (pool or pool
equipment) if the sanitary sewer mains should ever develop a cavity or due to any repairs to the
Licensor main by Licensor crews or contractors crews hired by the Licensor. The Licensor shall
not be responsible for the repair and replacement of the pool 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 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.
Page 2 of 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
635 Shakespeare Drive, Beaumont, Texas 77706.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the G�4v day of /'l , 2015.
LICENSOR:
CITY OF BEAUMONT
B C
Y�
KYLE HAYES
CITY MANAGER
LICENSEE:
Page 3 of 4
•'• f.FUIIERTON
STATE OF TEXAS
COUNTY OF JEFFERSON
ACKNOWLEDGMENTS
X
X
This instrument was acknowledged before me on the -23 ^d day of &C:60" r ,
2015, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf
of said corporation.
I My Gorymission Expires ��lfiG>A
December 7, 2o1s Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on
2015, by Carolyn Fullerton.
,,/ Notary Public, State of Texas
�! si , r,ny Cornmission Expires N,
["11V8j W' 9]
City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, Texas 77704
Page 4 of 4
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