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Home My WebLink AboutRES 16-227RESOLUTION NO. 16-227 WHEREAS, Enterprise Logistic Services, LLC has requested that the City of Beaumont grant a License to Encroach into city -owned property located approximately ten feet (10') north of Walden Road, approximately 0.5 miles west of Interstate 10, located across from Fire Station No. 5 at 6375 Walden Road, which is described as being in Block 4, Tract No. 2 and Block 4, Tract No. 4 of the T.H. Langham Subdivision, to the City of Beaumont. The encroachment being two (2) proposed two inch (2") diameter ground water monitoring wells 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 approximately ten feet (10') north of Walden Road, approximately 0.5 miles west of Interstate 10, located across from Fire Station No. 5 at 6375 Walden Road, which is described as being in Block 4, Tract No. 2 and Block 4, Tract No. 4 of the T.H. Langham Subdivision, to the City of Beaumont. The encroachment being two (2) proposed two inch (2") diameter ground water monitoring wells 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 8th day of November, 2016. 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 Enterprise Logistic Services, LLC, 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: Monitoring Well — encroaching onto the City right of way situated on Block 4, Tract No. 2 and Block 4, Tract No. 4 of the T H Langham Subdivision across from Fire Station No. 5 located at 6375 Walden Road, approximately ten feet (10') North of Walden Road and approximately 0.5 miles West of Interstate 10. Said encroachments are shown on Exhibit "A", attached. NOW, THEREFORE, Licensor hereby grants to License a license to occupy and use the subject property for the purpose of installing the 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 or (409) 785-3019 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 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, Page 1 of 4 EXHIBIT "A" 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 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 any structures or improvments if the sanitary sewer main 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. The Environmental Contractor will be invoiced for any damages that occur to Licensor sanitary mains during the installation and/or removal of any of the monitoring wells. Page 2 of 3 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. 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 Logistic Services, LLC, 1100 Louisiana Street, Houston, Texas 77002. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2016. LICENSOR: LICENSEE: CITY OF BEAUMONT By: Kyle Hayes City Manager ENTERPRISE LOGISTICS SERVICES, LLC 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 , 2016, 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 HARRIS X This instrument was acknowledged before me on the _ day of , 2016, by of Enterprise Logistics Services, LLC. City of Beaumont Antoinette Hardy - Engineering P. 0. Box 3827 Beaumont, Texas 77704 Page 4 of 4 Notary Public, State of Texas M I ISC PROPERTIES LLC MEGAS & MEGAS PROPOSED OFFSITE INVESTMENT LLP MONITORING WELLS (6350 WALDEN ROAD) I I r ; MEGAS CONSTANTINE 5 i �r I ..,�...�.. �...�.. �....�.. ......� _-SO FEET''� _.�.._.._.-_.__..� CIS( OF BEAUMONT ROW (WALDON ROAD) I—.--..—.—..—.. • CITY OF BEAUMONT { - „g. I (6375 WALDEN ROAD) - 1i STIVERS PARR LP I .. - w^ �� r ir SITEip i ........ .� (6355 WALDEN ROADS .r$' .. '7�•t . as ►sF p ► 11► t '��` 'k `1 RR ` R IL %t• RIL RG F_ 11 , R _.. 1 LEGEND PROPERTY BOUNDARY PROPOSED OFF-SITE MONITORING WELL �••� JEFFERSON CAD PROPERTY LINES • PROPERTY BOUNDARIES OBTAINED FROM JEFFERSON COUNTY APPRAISAL DISTRICT WEBSITE. Apex TITAN, Inc. PSn- gq).T.v.. : �OJ �04M1} A lu1•Id'ry NAq. C•mPW.•, LLC Enterprise Logistic Services LLC Beaumont Terminal 6355 Walden Road Beaumont, Texas 47.694121N, -103.259223W >roiect No. 7010213GO20 FIGURE 1 Off -Site Monitoring Well Location { i �r I as ►sF p ► 11► t '��` 'k `1 RR ` R IL %t• RIL RG F_ 11 , R _.. 1 LEGEND PROPERTY BOUNDARY PROPOSED OFF-SITE MONITORING WELL �••� JEFFERSON CAD PROPERTY LINES • PROPERTY BOUNDARIES OBTAINED FROM JEFFERSON COUNTY APPRAISAL DISTRICT WEBSITE. Apex TITAN, Inc. PSn- gq).T.v.. : �OJ �04M1} A lu1•Id'ry NAq. C•mPW.•, LLC Enterprise Logistic Services LLC Beaumont Terminal 6355 Walden Road Beaumont, Texas 47.694121N, -103.259223W >roiect No. 7010213GO20 FIGURE 1 Off -Site Monitoring Well Location GROUND CEMENT/ BENTONITE SLURRY PLUG PROTECTIVE LOCKING STEEL RISER SURFACE 0 CONCRETE PAD HYDRATED BENTONITE SEAL— (-2 FT) APPROXIMATELY 2 FT SCHEDULE 40 2 -INCH DIAMETER PVC RISER PIPE APPROXIMATE— PPROXIMATE -WATER WATERLEVEL — 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 Exhibit "A" — Page 2 Enterprise Logistic Services LLC Beaumont Terminal 6355 Walden Road Apex TITAN, Inc. FIGURE Beaumont, Texas 7979 Broadway Street, Suite 100 San Antonio, Texas GROUNDWATER 47.694121N, -103.259223W Phone: (210)8049922 www.apexcos.com MONITOR WELL SCHEMATIC A Subsidiary o/Aper Companies, CLC Project No. 7010213GO20 Z:\Houston South\Draping\San Antonio 02\2013\70102130020\Wellkdiagram.dwg 09/19/16 fYI1�I11�R�N�IM@N .IC..• 2016035364 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 Enterprise Logistic Services, LLC, 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: Monitoring Well — encroaching onto the City right of way situated on Block 4, Tract No. 2 and Block 4, Tract No. 4 of the T H Langham Subdivision across from Fire Station No. 5 located at 6375 Walden Road, approximately ten feet (10') North of Walden Road and approximately 0.5 miles West of Interstate 10. Said encroachments are shown on Exhibit "A", attached. NOW, THEREFORE, Licensor hereby grants to License a license to occupy and use the subject property for the purpose of installing the 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 or (409) 785-3019 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 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, Page 1 of 4 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 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 any structures or improvments if the sanitary sewer main 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. The Environmental Contractor will be invoiced for any damages that occur to Licensor sanitary mains during the installation and/or removal of any of the monitoring wells. Page 2 of 3 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. 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 Logistic Services, LLC, 1100 Louisiana Street, Houston, Texas 77002. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of rL the day of lyo✓en,S-v 52016. LICENSOR: CITY OF BEAUMONT By: Kyle Hayes City Manager LICENSEE: ENTERPRISE LOGISTICS SERVICES, LLC By: Printed Name: W4MI D L A I Q Title: /&� Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the 10-�" day of /V o, titw �e' , 2016, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. AAY ` ANGELA MARIE THOMAS My Commission Expires✓/G, December 7, 2016 Notary ublici State of Texas STATE OF TEXAS X COUNTY OF HARRIS X This instrument was ackno ledged before me on the day of IV0�6rh +bar', 2016, by Paul (J• (•o►ir' orne n a of Enterprise Logistics Services, LLC. N ary ublic, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, Texas 77704 JASON MICHAEL SHELL ;zor 4S Notary Public,. State of Texas Comm. Expires 10-31-2020 Notary ID 126711165 Page 4 of 4 ISC PROPERTIES LLC ' .: q;.. - LEGEND MEGAS & MEGAS PROPOSED OFFSITE (6350 WALDEN ROAD) I PROPERTY BOUNDARY INVESTMENT LLP-_.•+- MONITORING WELLS ' MEGAS CONSTANTINE S ,�I --.--to , .�---------+_• I , + PROPOSED OFF -SITE --.—..�...�... �... , MONITORING WELL \ t —••� JEFFERSON CAD PROPERTY LINES FEET' �� ..�..,�.. �..�:.�..�..�_.�..�..� CIU_OF BEAUMONT ROW (WALDON ROAD) dw CITY OF BEAUMONT' I 16375 WALDEN ROAD) STWERS PARK LP —A r �: Fk r SITE I - (6355 WALDEN ROAD)' i — ► • t; I, IL & III ►. ><, :'r �''� - .M.. " PROPERTY BOUNDARIES OBTAINED FROM .!�"�,y a Ss Y JEFFERSON COUNTY APPRAISAL DISTRICT • �., - WEBSITE. 't Apex TITAN, Inc. ` r r, � � P�o,w. (If0190699t2 AS—idlaq pfAp. Cpmpurlps, LLC L IL %lL !JL r. ; 6'. :. 3 Enterprise Logistic Services LLC i, Beaumont Terminal is 6355 Walden Road Beaumont, Texas '+ " _ - - .�'}•?�h. y 47.694121N,-103.259223W Project No. 7010213GO20 FIGURE 1 Off -Site Monitoring �•�� Well Location ,., ed\n.,f,IAs„, nomio n±Um)V�ID±Ui>n±o\r,nn..rto. d„. apnpnc 4 _ GROUND SURFACE 25 FT CEMENT/ BENTONITE SLURRY PLUG--A/_PROTECTIVE LOCKING / STEEL RISER Enterprise Logistic Services LLC Beaumont Terminal 6355 Walden Road Beaumont, Texas 47.694121N,-103.259223W ' Project No. 7010213GO20 Z\Houston South\Drafting\San Antonio 02 —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 -- —GRADED 20/40 SILICA SAND Exhibit "A" — Page 2 Apex TITAN, Inc. FIGURE 7979 Broadway Street, Suite 100 San Antonio, Texas GROUNDWATER Phone: 210) pexcos.com MONITOR WELL SCHEMATIC k' www.aoexcos.com A Subsidiary ofApex Companies, LLC 13G020\We11diagram.dwg 09/19/16