HomeMy WebLinkAboutRES 22-170RESOLUTION NO. 22-170
WHEREAS, Environmental Engineering 8& Geotechnics (EE8.G) has requested
that the City of Beaumont grant a License to Encroach into a City right-of-way, which is
described as being located one foot (1') east of the terminus of Buford Road and two
feet (2') from the north edge of Buford Road onto City -owned property located at Buford
Street, east of Pennsylvania Avenue, to the City of Beaumont. The encroachment being
one (1) proposed ground water well encroaching into the City right-of-way, 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 RESOL\/E[D 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 Interim City Manager be and he is hereby authorized to execute a
License to Encroach with Environmental Engineering 8, Geotechnics (EE8&G) to
encroach into a City right-of-way which is described as being located one foot (1') east
of the terminus of Buford Road and two feet (2') from the north edge of Buford Road
onto City- owned property located at Buford Street, east of Pennsylvania Avenue_ Said
encroachment being one (1) proposed ground water well encroaching into the City right-
of -way, 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 19th day of
July, 2022. - __ '%
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- Mayor Robin 6--ton -
LICENSE TO ENCROACH
STATE OF TEXAS
ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON
On the date last indicated below, the City of Beaumont, a municipal corporation, of
Beaumont, Jefferson County, Texas, herein called "Licensor" and Environmental Engineering
& Geotechnics (EE&G), 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 Wells — encroaching onto the City's right-of-way located 1' east
of the terminus of Buford Road and 2' from the north edge of Buford Road.
Approximate GPS: 30.072625,-94.091844 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 (24) 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 twenty-four hours (24) 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.
Page I of 4
EXHIBIT "1"
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 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 damage to the monitoring well if the water or
sanitary sewer main should ever develop a cavity or due to any repairs to the Licensor mains by
Licensor crews. Licensor shall not be responsible for the repair and replacement of the
monitoring wells. The Environmental Contractor will be invoiced for any damages that occur to
Licensor water and/or sanitary sewer mains during the installation and/or removal of any of the
monitoring wells. 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
Page 2 of 3
due to any repairs to the Licensor main by Licensor crews.
Licensor and any franchised entity of licensor will accept no responsibility for damage to
the encroachments both present and future. In addition, the Licensee shall be liable for any
additional costs incurred by franchised entity of licensor during construction and/or maintenance
of its facilities due to the existence of the encroachment situated on the property.
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 ENTACT, LLC,
3129 Bass Pro Drive, Grapevine, Texas 76051 or Halliburton Energy Services, Inc., 3000 N Sam
Houston Parkway E, Houston, Texas 77032.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the day of
LICENSOR:
City of Beaumont
By:
Chris Boone
Interim City Manager
2022.
LICENSEE:
Environmental Engineering & Geotechnics (EE&G)
By:
Printed Name:
Title:
Page 3 of 4
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on the day of ,
2022, by Chris Boone, Interim City Manager of the City of Beaumont, a municipal corporation,
on behalf of said corporation.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the _ day of , 2022, by
(Name), (Title) of Environmental
Engineering & Geotechnics (EE&G).
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
ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON
On the date last indicated below, the City of Beaumont, a municipal corporation, of
Beaumont, Jefferson County, Texas, herein called "Licensor" and Environmental Engineering
& Geotechnics (EE&G), 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 Wells — encroaching onto the City's right-of-way located 1' east
of the terminus of Buford Road and 2' from the north edge of Buford Road.
Approximate GPS: 30.072625,-94.091844 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 (24) 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 twenty-four hours (24) 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.
Page 1 of 4
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 fall, for all claims, losses, damages, law suits, attorneys
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 damage to the monitoring well if the water or
sanitary sewer main should ever develop a cavity or due to any repairs to the Licensor mains by
Licensor crews. Licensor shall not be responsible for the repair and replacement of the
monitoring wells. The Environmental Contractor will be invoiced for any damages that occur to
Licensor water and/or sanitary sewer mains during the installation and/or removal of any of the
monitoring wells. 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
Page 2 of 3
due to any repairs to the Licensor main by Licensor crews.
Licensor and any franchised entity of licensor will accept no responsibility for damage to
the encroachments both present and future. In addition, the Licensee shall be liable for any
additional costs incurred by franchised entity of licensor during construction and/or maintenance
of its facilities due to the existence of the encroachment situated on the property.
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 ENTACT, LLC,
3129 Bass Pro Drive, Grapevine, Texas 76051 or Halliburton Energy Services, Inc., 3000 N Sam
Houston Parkway E, Houston, Texas 77032.
f IN WITNESS, `WHEREOF, the parties hereto have executed this agreement as of
the Zl Sfi day of J �-� `1 , 2022.
LICENSOR: LICENSEE:
City of Beaumont Environmental Engineering & Geotechnics (EE&G)
By: By:
Chris Boone t
Interim City Manager Printed Name: `1 MV15 i li �GiMs
Title: QCd k tX-k MMCL P�
Page 3 of 4
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me on the ISM day of —Tu l r/
2022, by Chris Boone, Interim City Manager of the City of Beaumont, a municipal corporation,
on behalf of said corporation.
=S�ar pie^ ANGELAMARIE THOMAS
Notary ID #10455072
My Commission Expires
of August 13, 2025
STATE OF TEXAS
COUNTY OF -'��« QK't
Notary Public, State of Texas
This instrum nt was acknowled before on the I gfday of �u- 2022, by
CCU S �,•� �tvCrnS (Name), tle) of Environmental
Engineering & Geotechnics (EE&G). 13
IC Vill 11i�
City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, Texas 77704
Notary Public, State of Texas
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Page 4 of 4
/ 1 & End
Buford SZr•st `
a
900 0.11,
r .Cj gLJrZLI LJ
Q — Relative Benchmark Elevation
at 100.00 Feet `
19 — Monitor Well Locations
N
0' 20' Q.
EE&C,NNOWENJUNG
BxcAvBgtrtxs �
saOrBCBxres
On
Vacant Building
1498 Sabine Pass avenue
Beaumont. Tezae
Pro eat No. z1.183EdT
PROPOSED WELL Me
Scale: 1' - 40'
FILED AND RECORDED
I
OFFICIAL PUBLIC RECORDS
Laurie Leister, County Clerk
Jefferson County, Texas
July 25, 2022 12:30:14 PM
! FEE: $42.00 2022025616