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Home My WebLink AboutRES 02-065 RESOLUTION NO. 02-065 WHEREAS, Richard Gilbert has requested that the City of Beaumont grant a License to Encroach onto the City's west and east side of the Orleans Street 61.11 foot right-of-way and onto the City's north side of the Forsythe Street 61.11 foot right-of-way, as shown in Exhibits "A" and "B" attached hereto and made a part hereof for all purposes. 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 Richard Gilbert to encroach onto the City's west and east side of the Orleans Street 61.11 foot right-of-way and onto the City's north side of the Forsythe Street 61.11 foot right-of-way, as shown in Exhibits "A" and "B" attached hereto and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of March, 2002. - Mayor Pro Tern Guy N. Goodson - LICENSE TO ENCROACH STATE OF TEXAS X KNOW 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 Richard Gilbert, 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: Encroachments being onto City's west and east side of the Orleans Street 61.11 foot right-of-way (646-690 and 665-695 Orleans Street) and onto the City's north side of the Forsythe Street 61.11 foot right-of-way. Properties are described as a) Tract One being the south 90 feet of Lot 198 and Lots 199 and 200, Block 40, Original Townsite of Beaumont, and b) Tract Two being Lots 317, 318, and 328, Block 50, Original Townsite of Beaumont, Jefferson County, Texas. Said encroachments are 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, wnen ana to what extent suer improver vents aie to h-- made. A copy of this license shaii 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 Page 1 of 4 EXHIBIT "A" 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 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,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 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. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a rnaanei- a3 to c'sti7cct v`tt-uffie. 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 Page 2 of 4 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 Engineering 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 P.O. Box 670706, Houston, Texas 77267. N WITNESS, WHEREOF, the parties hereto have executed this agreement as of the — day of , 2002. LICENSOR CITY OF BEAUMONT By: Stephen J. Bonczek City Manager LICENSEE Richard Gilbert Page 3 of 4 STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2002, by Stephen J. Bonczek, 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 X This instrument was acknowledged before me on the day of 2002, by , by Richard Gilbert. Notary Public, State of Texas RETURN TO: City of Beaumont Diane Newsome P. O. Box 3827 Beaumont, Texas 77704 880-3725 encroach\bmtwnsit.lic Page 4 of 4 SUBJECT LICENSE TO ENCROACH 90 3 z L W ORLEANS STREET RIGHT p OF WAY AND FORSYTHE P� �� EERY�I STREET RIGHT OF WAY T v S �y 2 646-690 & 665-695 ORLEANS ST-SOUTH 90' OF LOT 198 AND LOTS 199 AND 200, BLOCK 40 AND LOTS 317, 318, AND 328, BLOCK 50, ORIGINAL TOWNSITE OF 1 'Prr ti BEAUMONT APPLICANT: RICHARD GILBERT NL LOCATION MAP N.T.S. n o N• .91lDllf' D.1 . ei ' 416 BWll1MG f_90, r DETAIL A' DETAIL V OEkr N' AET.s N.Ls MAIL'C' N.T.S OEMr Z' N.T.s N.TS OEM T J' OETAL x r aEUi Ns fLrs N.T.S c. DiEIAIL b' N.TS O DETAIL V �7 N.TS i H DETAIL Y' s / C, o N.Ts a L t� CD awra iar ur /• '� DETAIL N' a N.T.s w a. c a f- O a- W l7 Z a N y %'/ 8A C Do Fes ► $ �a +� C 7+ =f Ql Q Qj a a FORSYTHE STREET W N.T.S. EXHIBIT "B"