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HomeMy WebLinkAboutRES 24-073RESOLUTION NO.24-073 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Jesse and Stella Flores have 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 garage structure located at 2398 Avenue E encroaching into a sixteen -foot wide (16') rear alley Lot 28, Block A of the Wilcox Addition to the City of Beaumont. The structure encroaches 2.89' to 2.93'into the 16' 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, time; WHEREAS, it appears that it would be equitable to allow such encroachment at this 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 Jesse and Stella Flores to encroach into the City right-of-way which is described as being a garage structure located at 2398 Avenue E encroaching into a sixteen -foot wide (16') rear alley Lot 28, Block A of the Wilcox Addition to the City of Beaumont. The structure encroaches 2,89' to 2.93'into the 16' 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, 2024. PASSED BY THE CITY COUNCIL of the City of BeaumontAhis the 19th day of March, Roy West L�����_i►�IC�1�D �Cy �Zi7�T 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 Jesse and Stella Flores, 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 garage encroaches 2.89' to 2.93' onto the 16' alley in Lot 28, Block A, Wilcox Addition (2398 Avenue E). 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 vahre 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. Pago 1 ON 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 Fight 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 encroaclunent. 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 maim 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. 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 Pogo 2 of 4 Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at 2398 Avenue E, Beaumont, Texas 77701, IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2024, LICENSOR: CITY OF BE, AUMONT Kenneth R. Williams, City Manager LICENSEE: I11\''I k1\1T1ONA1A ' H;1-'1' h1,Ai\1K Page 3 ON 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, oa behalf of said corporation, Notary Public,'State of Texas STATE OF TEXAS § § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of , 2024, by Jess Flores, 0RY87N.QARZA )*I My "ry0 # 132006734 EWM May 13, 2027 STATE OF TEXAS § COUNTY OF JEFFERSON § Notary Public, State of Texas This instrument was acknowledged before me on the day of , 2024, by Stella Flores. CRYSTAL GARZA t j" My Notary IA 0 132000734 Expires May 13, 2027 Notary PL lic, State of Texas RETURN TO: City of Beaumont Antoinette ]-lardy - Engineering P. O. Box 3827 Beatunoeit, Texas 77704 Page 4 of 4 SURVEY LEGEND ^9 N afcmc /Jur i'+ COMME1F SURFAcr © smim RNO POO1. [] A,a AIR Cmuirra O UNIT = -- = =HUM MCC ----PL—PL--MME ® COWED ARRFA Q Ural PIP. POYER ME7,/—[YfAIN Old fmcr —F—T-- iA4°NAYe LNf ROCK M WAM LA%N Samair BAROM Off F&CE CLIENT- &SSE FLORES N 1HOUr A 71RWYIME C0419JIUE FASEAMNIS AND OTHER ENCUMBRANCES OF RECORO ME NOK' OR FORUMty NOT RESEARCIIE0 A PAR OF OUR 00ME"r--CF01LL0 MARIA =$?)NA sumvES FASr=MENlS AND CF. MO. 2018013508 ,104AR. FNOUA0RANCF5 MAY EXST AY 1711S PROI"ER7Y AND APE NOr RMECMD ON 7N7S PLAT x ' 16' ALLEY N 03'13'02" W .ad N (CALLED MOR711 S0� IN C 1 f1 offlo) SCALE; 1" 30' 1 ONE STORY FFNCE GARAGE >� R"a' 2&25' ' ti 0,19 acres N A.K.A. LOT 28 fi BLOCK A G1 WILCOX ADD177ONf WMEzNcmlua MARIA CLESnNA J. C. A. D. I w CP. N0. 2011020113 dCO.P.R, CNArN CC L1NQ itN " z PIPE . N &IAACF 11NK Lu�v� ro� S P�3'13'06" E 60.00' S 0373'0S" E' 494.25' �auxD (CALLED SOUTH 60) p jj,�//(CAilEi1 SOUTH) 3/4 P!P£ Foi114DRE8 R NEH S I�ALCEDOSW7EN Svgf ' R-11 2398 AVENUE E SURVEYORS CER7IFICAM., Ia6lte&* m0y to Me best ofmykmvbdaT and 1ekf9W1hS San wwratepbtofa surveynod0 on ft r,)rFwW, un&,rmysupatdsbn, df10V" Nlo Lamd&yonly, as of NOVEMBER 6, 2023. TheabovehaltLringkokdat 2398AVENUEE, AEAUAfON'r TEXAS77701 The Mad Getngc aiWas0,19ACRESOUTOFTHEPAVID,DROWNSURVEY,ABSTRACTNO,S,JEFFERSONCOUNTY,TEXA5,AL60 KNOWN AS LOT 28, BLOCKA OF WILCOX ADDITION, ACCORDING TO TNEJEFFERSON COUNTY APPRAISAL DISTRICT (A LEGAL DESCRIPTION WAS NOT PROVIDED AS A PARTOFOUR SERVICES), In acmrllafxe with flood IruurarR� Rafe Map (FIRM) Of0leTedera! t=mergencyMalWqmentAgenry,tfwsubjedbad S, olodlnNooi.Z&vnotodbebw.7ho, d&vofihepropeW"moL-ter t-dbysrale. AduaMd ekvaGOnwaslwtci°terrlNned,unk�rcrtuested FAtISI E+gtneedr>ga1�ISLrveyln� ll[cabesnot ivauantorsvl su to the aaulacyofsadmp. BEARINGSSf10{+/NRFREON AR£ REFER£l1Cf0 TO 71IE 1tXASCt70RDINA7E SN 1IU11Fbd3,SOUI77CFA'TRAIZONE,A110AREBAS£oON7HEYOR711 � AFI£RICA71 DA7UMOr MI ADJl.l3T11EW201L 02023 FAUSTEhgiwzk*,srrdSw WV, JV, Dfl52IRWYreSCfRRF7EDFOR771197RAN.S MONONLYANDISNOT TRANSFERABLETO RICHARD F, FAUST A007101MMIS7nU110175 oRSIIASEQIIrNTOi'INfRS,USFOFT111SS11AVEYfORANYO7NER RE0157FRE'D PROaSS10NAL LAND SURVEYOR NO. 4782 PlMFcISEOR aYOnItx PARAFSSNAll BEATTRFIROMRLSKABD Ti!£UN0MfQXD$VAVFYO9 ENGINEERING F7RU RMS7RA77ON No. 4800 1s1n7RFslnNsraLE7ao7RrRsraRABreossRfsz+tnNc777ERFrRoaf, SURVEYING FIRM REGISYRANON NO, 100024-00 SURVEYORS NOTES,• Date.- NOVEUMI? B, 2023 1. FENCES AND BUILITNG OWLAP PROPERTY LINE OF Census Tract: 20 FEW Flood Zone. X Community Panel NO.; ........ � ' 4854370020C....R�CI IAI�©, F, f141f5%, Panel Data: A/08/0.2 _ o�D 4702 Fleld Book No.- 2a-7 9 FE551Q.'' �Yp''St� y Project No. 23438 ENGINEERING AND SURVEYING, INC. IJ PmNous P%tc1 Na 5sso EASTIX TTcc><VaT. sv[!E ❑ • �Fi1Mff TorAS 7F7ae III 111111111111111 6 C s 2'J24007532 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 Jesse and Stella Flores, 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 garage encroaches 2.89' to 2.93' onto the 16' alley in Lot 28, Block A, Wilcox Addition (2398 Avenue E). 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 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. 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 Page 2 of 4 Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at 2398 Avenue E, Beaumont, Texas 77701. IN WITNESS, WHEREOF,the parties hereto have executed this agreement as of the o-day of MAA , 2024. LICENSOR: LICENSEE: CITY OF BEAUMONT By —Z _ By: Kenneth R. Williams, City Manager esse Flores By: aYrQ3),iL * j_tQA Q.QJ Stella Flores IN'IM,NTIONALLY I,I~:FI' BLANK Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF JEFFERSON § IA./ This instrument was acknowledged before me on the i1 4 day of Attu EJA, 202+;by Kenneth R. Williams, City Manager of the City of Beaumont, a municipal corporation, on behalf of said co .oration.. 'er o, SONDRA DAVI; A-MtilA43 Gllcbuv+i � r+ Notary lD#12ti 2 40 ,7/�,� My Commissiar:Expires '�� April 3, 2r27 Notary Public, State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § •( n,� ,, This instrument was acknowledged before me on the 1 I 4' day of I" fClh 2024,by Jess Flores. tejje0 414.17/L, t ; CRYSTAL GARZA ;�I My Notary ID#132009734 Expires May 13,2027 Notary Public, State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the 1 ' day of I`✓l�th 2024,by Stella Flores. - �, Y CRYSTAL GARZAfitej30 i _*= My Notary ID#132009734 " "~` Expires May 13,2027 Notary P lic, State of Texas AMP'i rNI rra 417i RETURN TO: City of Beaumont Antoinette Hardy-Engineering P.O.Box 3827 Beaumont,Texas 77704 Page 4 of 4 SURVEY LEGEND —E—N---ELECTRIC LINE rc5A CONCRETE SURFACE 1 1599MM/NG POOL 0 A C AIR CONDITIONING UNIT ====WOOD FENCE —PL—PL—PIPELINE [777 COVERED AREA I 10/R7l •P.P. POWER POE ---&—CNAIN LINK FENCE —T—T—TELEPHONE LINE ti ,i;ROCK OR GRAVEL I 1 LANN X STREETLIGHT —X—BARBED HIRE FENCE URVEY WAS COMPLETED CLIENT: JESSE FLORES WITHOUT A TITLE COMMITMENT. EASEMENTS AND OTHER ENCUMBRANCES OF WEE NOW OR FORMERLY NOT RESEARCHED AS PART OFROUR GOMEZ-CEDILLO MRIA CLES1INA SERVICES EASEMENTS AND C.F. NO. 2018013508 JC.O.P.R. ENCUMBRANCES MAY EXIST ON THIS PROPERTY AND ARE NOT REFLECTED / ON THIS PLAT. ol 16' ALLEY N 03'13'02" W 50.00' Z N N (CALLED NORTH 50') // // II / SET X 0 SET X IN CONC / (IN COW) 1 SCALE; 1"=30' �0F4' • lo OD ONn FENCE E R T ORY ` /'WO Lu o2436' 2525' g Cl) N j a/\ 0.19 acres A.K.A. LOT 28 P N� BLOCK A 834 (0 SO m i WILCOX ADDI17ON( NOW OR FORMERLY I GOMEZ—CEDILLO MARIA CLESTINA J.C.A.D. W� C.F. NO. 2011029143aC.O.P.R. CHAINN N M M 1 CO'3 ". ccco 2 itavq,v- I 3V? . • rn crico \ �� f FENCE LINK WI- a El N al S 0313'06"E 60.00' \ . S 0313'06" E 494.25' FOUND 2 (CALLED SOUTH 60) (CALLED SOUTH) 3/4"PIPE • 77 rT TT— A, J / J S 93'13'06" E 50.00' SET 1/2• FOUND /RE'BAR SET 1/2 `CALLED SOUTH 509 REBAR 2398 AVENUE E SURVEYOR'S CERTIFICATE: I do hereby mrtity 1 the best of my knowtedy and belief that this is an emirate plat of a survey made on the ground,under my supervision,showing the boundary only,as of NOVEMBER 6,2023. The above tract being Ic abed at 2398 AVENUE E,BEAUMONT,TEXAS 77701 The tract being described as 0.19 ACRES OUT OF THE DAVID BROWN SURVEY,ABSTRACT NO.5,JEFFERSON COUNTY,TEXAS,ALSO KNOWN AS LOT 28,BLOCK A OF WILCOX ADDITION,ACCORDING TO THE JEFFERSON COUNTY APPRAISAL DISTRICT(A LEGAL DESCRIPTION WAS NOT PROVIDED AS A PART OF OUR SERVICES). In accordance with Flood Insurance Rat Map(FIRM)of the Federal Emergency Management Agency,the subject tract is located in Flood Zone noted below.The location of the property was determined by scale.Actual field elevatron was not determined,unless requested. FAUST Engineering and Surveying,Inc does not warrant or subscribe to the accuracy of said map. BEARINGS SHOWN HEREON ARE REFERENCED ID THE TEXAS COORDINATE Srs/EM OF 1983,SOUTH CENTRAL ZONE,AND ARE BASED ON THE NORTH 120.4 ;) ric2wit...... AMERICAN DATUM OF 1983,ADJUSTMENT 2011. ©2023 FAUST Engineering and Surveying,Inc. All rights reserved THIS SURVEY IS CERTIFIED FOR THIS TRANSACTION ONLY AND IS NOT TRANSFERABLE TO RICHARD F. FAUST ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS.USE OF THIS SURVEY FOR ANY OTHER REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 PURPOSE OR BY OTHER PARTIES SHALL BE AT THEIR OWN RISK AND THE UNDERSIGNED SURVEYOR ENGINEERING FIRM REGISTRATION NO. 4800 IS NOT RESPONSIBLE TO OTHERS FOR ANY LOSS RESULTING THEREFROM. SURVEYING FRM REGISTRATION NO. 100 024-0 0 SURVEYOR'S NOTES: _ Dote: NOVEMBER 6, 2023 1 FENCES AND BUILDING OVERLAP PROPERTY LINE Census Tract: 20 '\ T£Te FEMA Flood Zone: X ./�.i<,G '�F v. Community Panel NO.: ' �' 4854570020C RICHARD F. FAUST Panel Dote: B/66/92 (..;°�O 4782 tP�:�, Reid Book No.: 23-7CY1CallAt ,•9�0 'FfSS\ '-(0, Project No. 2343E ENGINEERING AND SURVEYING,INC. SUR`, • t No. - �70 EASTEX FREEVAY,SUITE 0• BEAUMONT,TEXAS TT708 Prew'ous Project <409)813-3410 • FAX C409)813-3484 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Roxanne Acosta-Hellberg, Count/Clerk Jefferson County, Texas March 22, 2024 12:36:27 P VI FEE: $41.00 2024007532