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Home My WebLink AboutRES 01-041 RESOLUTION NO. O!—05// WHEREAS, William M. Tolin, III has requested that the City of Beaumont grant a License to Encroach into the ten foot (10') utility easement on the south side of Lot 1, Block 2, Terrace Estates Addition, 835 Edson Drive, as shown in Exhibit "A" 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 and utilities serving the same; 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 City Manager be and he is hereby authorized to execute a License to Encroach to William M. Tolin, into the ten foot(10') utility easement on the south side of Lot 1, Block 2,Terrace Estates Addition, 835 Edson Drive, as shown in Exhibit"A"attached hereto and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 2001. - Mayor- GAMRESOLUTRENCROACH SUBJECT •irLDwooD wr,FJa- � AF a F- 17h O G < KFNWOOD o DE'.LWt70D w � w DUR z z l� CO2r, Q 3 R_C T F EREN`_ 4? z 4 9AYWOOD < N, KING U7 LANARK N N 0 J ` m c LLd LICENSE TO ENCROACH w � - 10 FOOT UTILITY EASEMENT f_ o 'AZAK TN N �s vANCE w > ON Z N.CIRCUF hARR;50N 886 ED30N DRIVE 3 FR05T z 0 LOT 1. BLOCK 2 CUNTON 9 2 w N Th DRAIN.E5W TERRACE ESTATE ADDITION 5 3 pp Z c G�o = N W IA; A Ti6 . ppH �pW r Y LI w LAUREL M UREL l5 m � � � �3 lly,//Cbrd ryI� OWNER= N C z W Z f WILLIAM M. TOLIN, III ' g o �'°GE o _ BgYp w >< � o LEGEND LOCATION MAP N.T.S. SUBJECT PROPERTY t ivuND P/2-hoar a D t]V O f'66'65° lI 107.8 neoN ADD a N °f•sf•°o• w f •) ►OlMr AI diOINNJN uaNtfOU Maw L►Nx V c n u W I f o• nr�urr LOT 1 aesr�(:•Nr � P.P. N.T.S. �� s1.sr>R�� uw as ie� L1 Duitnavo ' •- ON DI/tl � co �' CONC / N W rimer rso ,.K Wg LOT T n: ogre snoRr �, V �essu a a 's_" w c oN sue�t� n li-�' � �►i p g o Zj ow I ss.°o' h s SUBJECT cor D ��sur �� ,•. caNrc :�'"�• ✓ ssrnl.cr L G10NC VDL zutrvir R=289_66' �g I °a• � D=2 f•SB'68� m (CALL" D•l1•»'10'} m� L=f 09.41 (CAZ"D Lr IrCALL n C-106.6f') _ CBmrS f f'23'Of' B ° _ AXON Pvuj R°. °• POUND fIr AfoNUrtAWr f"N wOD 835 EDSON D sracr-cra ay v7tT/ wstilr EXHIBIT "A" LICENSE TO ENCROACH STATE OF TEXAS X KNOW ALL MEN BY THESE PRESEN'T'S: 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 William M. Tolin, M, 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-- Encroachment being onto City's ten foot utility easement on the south side of 835 Edson Drive which is described as the south 148' of Lot 1, Block 2 of Terrace Estates Addition. A single story brick house,is encroaching 1.39 feet for a distance of 14.74 feet into the said.easement. A metal building is also encroaching 5.68 feet for a distance of 9.48 feet into the said easement. 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 xalue 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 of 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. Page 1 of 4 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 receive any compensation and the City of Beaumont shall not be liable therefore, whether for tjze 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,judgements 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 pairde*s for any such damage sustained by Licensee to said encroaching structure or any abutting or Iattached 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. 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. 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 that 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.ETiginecring Technician, City of Beaumont, P.O. Box 3827, Beaumont,Texas 77704. Any notice to Licensee shall be sufficient if mailed or hand delivered to the Property Owner at 835 Edson Drive,Beaumont, Texas 77706-4506. IN V02NEK WHEREOF, the parties hereto have executed this agreement as of the f day o 2001. LICENSOR CITY OF BEAUMONT By Stephen . BancZ City Manager L "I NS E William M. Tulin, III STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the%day of J.rt 2001,by Stephen J. Bonczek,City Manager of the City of Beaumont,a municipal corporation, on behilf of said corporation. Notary Public, State of Texas BARBARA LIMING . IOTA Y Pr BUC My C�11Gh. ltli 1 .10-2001 Page 3 of 4 STATE OF TEXAS X covN'rY OF � X This instrument was acknowledged before an the_L day of 2001, by by William in, M. CAROLYN MCGUIRE o ary Pu c, Sta e o Texas z n NOTARY PUBLIC N y STATE OF TEXAS W a�o� any Comm.Expims 08.28.2002 RETURN TO: City of Beaumont Diane Ncwsomt P.0.Box 3827 Deaui=4 Texas 77704 880.372$ encrumM335edson.11c page 4 of 4