HomeMy WebLinkAboutRES 23-255RESOLUTION NO, 23-255
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS, Korey Jackson has requested that the City of Beaumont grant a
License to Encroach into a City right of right-of-way, which is described as being a
structure located at 1477 Grand Street encroaching onto a twenty foot (20') public alley
in Lots 7-8, Block 1, North Addition to the City of Beaumont. The structure encroaches
10.1' onto the 20' alley, as described in Exhibit "A," attached hereto and made apart
hereof for all purposes; and,
WHEREAS, City staff has expended considerable time and effort in investigating
the effect of such encroachment upon the City's 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 herby authorized to execute a License to
Encroach with Korey Jackson to encroach into the City right-of-way which is described
as being a structure located at 1477 Grand Street encroaching onto a twenty foot (20')
public alley in Lots 7-8, Block 1, North Addition to the City of Beaumont. The structure
encroaches 10.1' onto the 20' alley, as described in Exhibit "A," attached hereto and
made apart 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
September, 2023.
Pitt 4
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- Mayor Roy West
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 Korey Jackson, 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 a structure encroaches 10.1' onto the 20' alley in
Lots 7-8, Block 1, North Addition (1447 Grand Street). 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 inrprovenient 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 conunences, 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.
Page l of 4
The City Utility Administration approved the license to encroach with the following
conditions:
The City of Beaumont will not be responsible for any damages to the structure 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 structures within the Easement property.
Licensee shall at all times indemnify and hold harmless Licensor and any franchised
entity of licensor against, and pay in frill, 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 mamner 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 eneroaclinent.
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 mariner 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
Cleric 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 Cleric of Jefferson County, Texas by Licensor.
Page 2 of
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
1790 Shady Circle, Beaumont, Texas 77707.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
(lie day of , 2023.
LICENSOR: LICENSEE:
CITY OF BEAUMONT
LIE
By:
Kenneth R. Williams, City Manager
Korey Jackson
IN'IT;N'1` ONAIJA I,I1 1' RIAIv11<
Page 3 of 4
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me on the day of ,
2023, by Kenneth R. Williams, City Manager of the City of Beaumont, a municipal corporation,
on behalf of said corporation.
Notary Public, State of Texas
COUNTY OF JEFFERSON
This instrument was acknowledged before nee on the day of
2023, by Korey Jackson..
RETURN TO:
City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, Texas 77704
Page 4 of 4
Notary Public, State of Texas
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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 Korey Jackson, 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 a structure encroaches 10.1' onto the 20' alley in
Lots 7-8, Block 1, North Addition (1447 Grand Street). 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
business or profit, loss of access, or otherwise.
Page 1 of 4
The City Utility Administration approved the license to encroach with the following
conditions:
The City of Beaumont will not be responsible for any damages to the structure 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 structures within the Easement property.
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.
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.
Page 2 of 4
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
1790 Shady Circle, Beaumont, Texas 77707.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the 64-4- day of , 2023.
LICENSOR:
CITY OF BEAUMONT
LICENSEE:
��
By: By:
Kenneth R. Williams, City Manager
{INTENTIONALLY LEFT BLANK;
Page 3 of 4
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on the o�e{_ day of ,
2023, by Kenneth R. Williams, City Manager of the City of Beaumont, a municipal corporation,
on behalf of -said corporation.
��Rr r�� SON #1 #1DAMS
i �n Notary ID 25115240
y My Commission Expires
''Forte April 3, 2027
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on the (IM. day of } ,
2023, by Korey Jackson.
'�N, CRYSTAL GAM
My Notary ID 9 132009734 Notary Pu lic, State I Texas
or b ExpM May 13, 2027
RETURN TO:
City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, Texas 77704
Page 4 of 4
LEGEND
CALLED BEARING, DISTANCE
C.M. = CONCRETE MONUMENT -
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PREPARED EXCLUSIVELY FOR. U
Korey Jackson
I, SCOTT N. BRACKIN, TEXAS REGISTERED PROFESSIONAL LAND
SURVEYOR No, 6650, DO HEREBY CERTIFY THAT 1 HAVE MADE A
SURVEY ON THE GROUND OF THE PROPERTY SHOWN HEREON, AND THAT
THE SURVEY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE
AND BELIEF AND THERE ARE NO ENCROACHMENTS, PROTRUSIONS OR
CONFLICTS, EXCEPT AS SHOWN HEREON.
SURVEY DATED: SEPTEMBER 9, 2022.
THE SUBJECT TRACT BEING LOCATED AT: 1447 GRAND AVENUE,
BEAUMONT. TEXAS 77701
AND BEING DESCRIBED AS: A 0.193 ACRE TRACT BEING PART OF LOT 7 8 LOT 8,
BLOCK 1, NORTH ADDITION,
RECORDED IN VOLUME: 4 PAGE: 151 OF THE MAP RECORDS OF
JEFFERSON COUNTY, TEXAS
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SCOTT N BRACKIN
............................
o_ 6650
SUR
SCOTT N. BRACKIN
REGISTERED PROFESSIONAL LAND SURVEYOR No. 6650
Aff Surveyors, LLL
Commercial - bzdustrial - Residential
11025 Old Voth Road - Beaumont, Texas 77713
Telephone (409) 838-6322 Facsimile 838-6122
www.access-surveyors.com § rpls51630aol.com
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GENERAL NOTES:
SUBJECT PROPERTY
0.193Acre Tract
S 89°46'36' W 142.61'
(N 89"15'30' W 142.359
LOT 9
BLOCK I
ors 6 7
P.O.B.
N= 13978280.71
I E= 3516623.82
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1. THIS SURVEY WAS COMPLETED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, AND NOT ALL EASEMENTS OR
SERVITUDES, WHETHER OF RECORD OR NOT, WERE RESEARCHED AT THE TIME OF THIS SURVEY OR SHOWN HEREON.
2. ALL BEARINGS ARE GRID, BASED ON THE TEXAS COORDINATE SYSTEM OF 1983 (NAD83), SOUTH CENTRAL
ZONE.
3. SUBJECT PROPERTY LOCATED IN FLOOD ZONE: X, COMMUNITY PANEL N0. 4854570020C, FIRM DATED:
AUGUST 06, 2002.
4. A FIELD NOTE DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Roxanne Acosta- Hellberg, County Clerk
Jefferson County, Texas
September 26, 2023 08:27:00 AM
FEE: $42.00 2023027031