HomeMy WebLinkAboutRES 21-159RESOLUTION NO. 21-159
WHEREAS, Jose Alberto and Flordeliz Martinez have requested that the City of
Beaumont grant a License to Encroach into one (1) five foot (5') utility easement at 3015
Blackmon Lane, which is described as being in Lot 14, Block 17, Minglewood Addition
to the City of Beaumont. The encroachment being one (1) existing structure
overlapping 4.09' to 4.35' into the five foot (5') utility easement as described in Exhibit
"1," 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 Jose Alberto and Flordeliz Martinez to encroach into one (1) five foot (5')
utility easement at 3015 Blackmon Lane, which is described as being in Lot 14, Block
17, Minglewood Addition to the City of Beaumont, The encroachment being one (1)
existing structure overlapping 4.09' to 4.34' into the five foot (5') utility easement, as
described in Exhibit "1," attached hereto and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
July, 2021.
- Mayor Robi outon -
LICENSE TO ENCROACH
STATE OF TEXAS X
ALL MEN BY THESE PRESENTS:
COUNTY OFJEFFERSON X
On the date last indicated below, the City of Beaumont, a municipal corporation, of
Beaumont, Jefferson County, Texas, herein called "Licensor" and Jose Alberto and Flordeliz
Martinez, owners, 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 metal shop on piers overlapping 4.09' to 4.34'
onto a 5' (five foot) utility easement in and part of Lot 14, Block 17,
Mindglewood Addition (3015 Blackmon Lane). 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 bow, 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 "1"
business or profit, loss of access, or otherwise.
The City Utility Administration, Entergy and Spectrum approved the license to encroach
with the following conditions:
The City of Beaumont will not be responsible for any damages to the structure (metal
shop on piers) if the sewer mains should ever develop a cavity or due to any repairs to the City
mains by City crews or contractor crews hired by the City. The City of Beaumont shall not be
responsible for the repair and replacement of the metal shop on piers or other structures within
The Easement property.
Entergy will require the overhead service line that serves the house have a clearance of
3.5' and the service line be at least 3.5' above the roof Spectrum will not be responsible for any
cost associated with the repair, construction or replacement of cable in the easement. The
property owner will be responsible for any replat.
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 ro mrer 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 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 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
Rive Hundred Dollars (S500.00). Said sum being non-refundable.
Page 2 of
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 Property Owner at
9115 Josey Street, Beaumont, Texas 77707.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the day of , 2021.
LICENSOR: LICENSEE:
CITY OF BEAUMONT
By:
Kyle Hayes, City Manager Jose Alberto Martinez
By:
Flordeliz Martinez
Page 3 of 4
ACKNOWLEDGMENTS
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of
2021, 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
2021, by Jose Alberto Martinez.
Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of
2021, by Flordeliz Martinez.
RETURN TO:
City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, Texas 77704
Page 4 oN
Notary Public, State of Texas
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EXHIBIT "A"
2021026828
imuduuiisuuuiii:�.
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 Jose Alberto and Flordeliz
Martinez, owners, 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 metal shop on piers overlapping 4.09' to 4.34'
onto a 5' (five foot) utility easement in and part of Lot 14, Block 17,
Mindglewood Addition (3015 Blackmon Lane). 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
business or profit, loss of access, or otherwise.
The City Utility Administration, Entergy and Spectrum approved the license to encroach
with the following conditions:
The City of Beaumont will not be responsible for any damages to the structure (metal
shop on piers) if the sewer mains should ever develop a cavity or due to any repairs to the City
mains by City crews or contractor crews hired by the City. The City of Beaumont shall not be
responsible for the repair and replacement of the metal shop on piers or other structures within
the Easement property.
Entergy will require the overhead service line that serves the house have a clearance of
3.5' and the service line be at least 3.5' above the roof. Spectrum will not be responsible for any
cost associated with the repair, construction or replacement of cable in the easement. The
property owner will be responsible for any replat.
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 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 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.
Page 2 of 4
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 parry 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 Property Owner at
9115 Josey Street, Beaumont, Texas 77707.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the 'Z day of Jy 1 d, , 2021.
LICENSOR:
CITY OF BEAUMONT
BY:
_L � 'k,,-
Kyle Hayes, City Manager
LICENSEE:
By: 71a�E��
Jose Alberto Martinez
By: ` t % L nQ
Flordeliz Martinez
Page 3 of 4
STATE OF TEXAS
ACKNOWLEDGMENTS
//
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on theaOday of ,
2021, by Kyle Hayes, City Manager of the City of Beaumont, a municipal co orati , on behalf
of said corpo
TINA GAIL BROUSSARD
Notary Public, State of Texas jd
' � Comm. Expires 01-12-2023 iAo—�ag
;,e, Notary ID 11436119, jwa
Notary Public, State of Texas
STATE OF TEXAS
94
COUNTY OF JEFFERSON X 1---
This instrument was acknowledged before me on the i/'� day of Lt ,
2021, by Jose Alberto Martinez.
CRYSTAL GARZA
�oa►�:Notary Public, State of Texas
-
.�� Comm. Expires 05-13-2023
Notary ID 13200g734
STATE OF TEXAS X
COUNTY OF JEFFERSON X
Notary Public, State Sf Texas
-%� ej
This instrument was acknowledged before me on the 0 day of V Lk ,
2021, by Flordeliz Martinez.
CRYSTAL GARZA
Notary Public, State of Texas
Comm. Expires 05-13-2023
i//�,o,F,•.{T�C
Notary ID 132009734
RETURN TO:
City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, Texas 77704
64*v -
Notary Public, Statff of Texas
Page 4 of 4
xaff:
1. NOTHING IN THIS SURVEY IS MENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP, OR TIRE,
2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL. du mkr.. By THE
THE COURSE OF HIS
SURVEY IINBASED ON HIS BEST COMPLIANCE W THE STANDAREDGE DS OF TIONAND
REQUIRED AND PROMULGATED BY THE
PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SIIC
NEITHER A GUARANIES NOR A WARRAW. EXPRESSED OR IMPLIED.
3. ALL SET 51r IRON RODS SET WITH A CAP STAMPED %LW. WHITELEY do ASSOCIATES
MLLOWOW LADE
FND. CONO. (60' ROV
LION. (CALL W BR/53 PIN g• 9FND SB'54'W 120.OV
I •
I
I •
am
THIS SURVEY WAS PERFORMED
WITHOUT BENEFIT OF CURRENT
TIRE COMMRMENT
BOUNDARY AND IMPROVEMWr
SURVEY ONLY, EASE)AENTS, IF
ANY, NOT RESEARCHED OR
SHOWN, WITH THE 1EXCEPTION
OF THOSE PLAITED.
^� FND 1 x
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913 EXHIBIT "A"
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4)MTffRS PROTRUDES FROM BLACffMON LANE
4.09' TO 4.34' ONTO A 5' UDLRY EASEMENT. (60' ROW)
TO 1HE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF 7HE SURVEY:
I, 7HOMA5 s. R01VE 00 HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE
ON THE SURFACE OF THE GROUND OF THE PROPERFY LEGALLY DESCRIBED
HEREON AND CORRECRY REPRESENTS THE FACTS FOUND AT THE TnME OF THE
SURVEY.
DATE SURVEYED: FEBRUARY 10, 2021
r1
METAL SHOP
ON Pas
0 POWER POLE
4 GUY ANCHOR
br —w —WOOD FENCE
"a 4 — d� CHAIN LINK F
—11 —WELDED WIRE
^ea --OVERHEAD El
!� GRAVEL
o BRICK
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iz
'06
CALCULATED CORNER
UNABLE TO FIND OR
SET CORNER DUE
TO FENCE POST
ant+�
—Oefi—rH—D�—O[�
CHAIN LINK FENCE POST
BEARS S01'S4'46'W 0.18'
S SIDE SETBACK iv
VOL 655. PG. 601 k
VOL 677, PG. 442 s 1
DRJC mo
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VOL oR 601
a
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I. ROD
3015 BIAMON LANE
BEAUMONT. TEXAS 777D3
Lot Number Fourteen (14), Block Number Seventeen
(17); MINGLEWOOD ADDITION to the City of
Beaumont. Jefferson County. Texas, aceardln9 to the
mop or plot of sold addition of record In Volume 7,
Page 70, Map Records, Jefferson Count; Texas
Owner. Ear Mortlan
Cenaost SAID
In aceardones with the Flood Hazard
Boundary Mop, Department of Housing
and Urban Development.
Community No.: 4BB457
Panel Nos D035 C
Date of FIRM: OB—O6-02
Thts pProperly Des in Zone V (white).
Loco on on map detumtned by scale on mop.
Actual field elevation not determined.
Mork Whiteley J: Assodates does not wommt
nor eubadbe to the accuracy or
scab of said maps. I
Zone 'X' (whlte) are areas detemdned to be
auLslde 60D—year flood plaln. o
0b ha morel of pofaoAd +��uww. b W
d Yvk YfiTia• k Avomrfa; Ba o97 6 mot b M ,owG�
R4 r ed b rA Y a Pat YMovt pa mllen or
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Theresa Goodness, County Clerk
Jefferson County, Texas
August 02, 2021 10:35:01 AM
FEE: $42.00 2021026828