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HomeMy WebLinkAboutRES 85-335 R E S O L U T I O N WHEREAS, Mr . Walter J. Burrell et ux has requested a license to encroach upon City right-of-way abutting 2298 Evalon Street and being a part of the Seventh Street right-of-way in Beaumont, Texas; and, WHEREAS, such license to encroach agreement will affirm the City' s rights in such property and licensee agrees that such encroachments shall or may be removed by the City upon need therefor; and WHEREAS, licensee has tendered a Five Hundred Dollar ($500.00) permit fee for such encroachment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Interim City Manager be and he is hereby authorized to execute the license to encroach agreement, attached as Exhibit "A" , upon that certain property described therein abutting the property at 2298 Evalon and being a part of the Seventh Street right-of-way. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , � 1985. -Mayor- -'Z LICENSE AGREEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS : COUNTY OF JEFFERSON § This agreement made this 8th day of October, 1985, by and between the City of Beaumont, a municipal corporation in Beaumont, Jefferson County, Texas, herein called "Licensor" and Walter J. Burrell et ux Martha Ellyn Burrell, their heirs, successors and assigns, hereinafter called "Licensees. " Whereas, the Licensor is the owner of a two foot ( 2 ' ) by fourteen foot (14' ) tract of land and a ten and three-tenths foot (10.3 ' ) by twenty-seven and three-tenths foot ( 27.3 ' ) tract of land in the Seventh Street right-of-way adjacent to Lot 14, Block 11, Averill Addition, Beaumont, Jefferson County, Texas, as shown on the plat as Exhibit "A" attached hereto and made a part hereof, situated within the corporate limits of Beaumont, Jefferson County, Texas; and, Whereas, the Licensees desire to exercise certain rights and privileges upon the above-described property; NOW, THEREFORE, it is agreed as follows: Licensor hereby grants to Licensees a license to occupy and use, subject to all of the terms and conditions hereof, that portion of the above-described property on which Licensees have a structure encroaching. The premises upon which Licensees' driveways encroach may be occupied and used by Licensees solely in connection with the existing building and for incidental purposes related thereto during the period beginning on this date and continuing until this agreement is terminated as hereinafter provided or upon the removal, if ever, of the building by Licensees, their heirs, successors or assigns, whichever comes first. No substantial improvements will be allowed without first notifying Licensor of Licensees' intent to improve said structure. Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds twenty-five (25) percent of the market value of the structure either: (1 ) before the improvement or repair is started; or (2 ) if Exhibit "A" r 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 wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects t�he external dimensions of the structure. The term does not, however, include any projects for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions. In the event all or any portion of Licensees' premises shall be condemned or required for public use, this license shall terminate and Licensees shall not receive any compensation for the taking and/or damaging of the property which is the subject of this license. Licensees shall at all times indemnify and save harmless Licensor against and pay in full all loss, damage or expense that Licensor may sustain, incur, or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of building. Licensor, and any franchised utilities or services of the Licensor, reserve the right to make any improvements of the right-of-way premises covered by this license. In doing so, Licensor and franchised utilities or services of the Licensor shall not be liable to Licensee for any damages occasioned thereby and Licensees shall not be entitled to prosecute or maintain a claim against Licensor or any franchised utilities or services of the Licensor for any such damage sustained by the building. Licensees shall not permit trees, shrubs or plants to grow or any object to be placed on the street right-of-way immediately adjoining the property in such a manner as to obstruct the view of approaching traffic from the right or left. In consideration for this agreement, the Licensees shall pay to Licensor the sum of Five Hundred Dollars ($500.00) and other good and valuable consideration. Said sum being non-refundable. 2 - i This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Such notice shall be given not less than thirty ( 30) days prior to the termination date, therein specified. Licensee shall not assign or transfer this- license or any part of the premises covered hereby unless he shall first obtain the written permission of the City Manager of the City of Beaumont. Any notice to Licensee, hereunder, shall be sufficient if mailed to Licensees at 2298 Evalon Street, Beaumont, Texas, 77702. IN WITNESS, WHEREOF , the parties hereto have executed this agreement on the day and year first above written. LICENSOR CITY OF BEAUMONT ATTEST: By: City Manager City Clerk LICENSEE Walter J. Burrell Martha Ellyn Burrell 3 - STATE OF TEXAS COUNTY OF JEFFERSON this instrument was acknowledged before me on the 8th day of October, 1985, by , City Manager of the City of Beaumont, a Texas corporation, on behalf of said corporation. Notary Public, State of Texas My Commission expires: Typed or printed name of Notary STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on the 8th day of October, 1985, by WALTER J. BURRELL et ux MARTHA ELLYN BURRELL. Notary Public, State of Texas My Commission expires: Typed or printed name of Notary _z 4 - Yt G.F. NO FWD i,cco ?299 F va I c)n Street I,ot 14, Blork 11 Avorill Addition %'n 1 , Page 132 00", ,Iofferson Count-%•, r 12 t"Me Ownt,r: Stephen r,'(,ne Rivers. Census Tract. 11 C., In orcord�incp with tho Flood Hazard Boundary `tap, Depart - ment of lloivinv, and [Irban 0 Development. . Community No. 485457, Panel No. 00220B. Date of Firm: !2-4-54 . This property L lies in Zone "C". Location on map determined by scale r)n LJ map. Actual Field elevation not determined. Mark W. k,,'hit cal ev and Associates does not. warrant nor subscribe to the arcuracv or scale of said env,4. zone "C" does not I ie in the 10(? year flo,.,,,,l plain. 4 1z -T Nr Pli C 10 THE C',KNF-RS OF THE PREMISES SURVc--,,':-0 AS OF THE DATE OF THE SURVEY: i M W WHITELEY, DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ' ' ON THE SUPFAC OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND 15 CORRECT. I FIND NO DISCREPANCIES SHORTAGES IN ENCROACHMENTS OR P? b, EXCEPT 4's OV RLA ING OF IMPROVEMENTS ON THE SUNFACE OF GROUR SHOWN HE - H RECN. F M DATE SLtRVt-YE0' M. W. WHITELZE Y - REGIS -:IUBLI SURVEYOR No.7 /I MAR K VV CONSLn-TING ENGWECRS AND v F- C. BOX 5492 ;.EALW0NT.T=-.XAS 7-,73,6 EXHIBIT "A"