HomeMy WebLinkAboutRES 86-090 R E S O L U T I O N
WHEREAS, Mr. and Mrs. Carroll Meredith, the owners of Lot
10, Block 12, Delaware Place, Section II, have inadvertently
constructed a swimming pool upon an easement belonging to the City
of Beaumont; 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
the continuance of such encroachment at this time;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the Interim City Manager is hereby authorized to execute a
license for Mr. and Mrs. Carroll Meredith, the owners of said Lot
10, Block 12, of Delaware Place, Section II, to encroach upon the
south six (6) feet of a twenty ( 20) foot utility easement abutting
Lot 10, Block 12, of Delaware Place, Section II. Such agreement
shall be executed in return for a license fee paid to the City of
Five Hundred Dollars ($500.00) and shall contain such conditions
and provisions included in attached Exhibit "A. "
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the, ^/ day o f 4c2.�c.�.�- 1986.
Mayor -
.-LICENSE TO ENCROACH AGREEMENT
PATE OF TEXAS §
i KNOW ALL MEN BY THESE PRESENTS:
^ COUNTY OF JEFFERSON §
_ On the day of 19 the City
of Beaumont, a municipal corporation, of Beaumont, Jefferson County,
Texas, herein called "Licensor" and
a Texas Corporation, hereinafter called "Licensee", contracted and
{ agreed as set forth herein.
Licensee owns Lot(s) Block of the
Addition to the City of Beaumont generally
t known as address Beaumont,
Texas) and Licensee desires a license from Licensor to use that real
property (the subject of this license agreement) described as
follows:
NOW, THEREFORE, Licensor hereby grants to Licensee a
license to occupy and use the subject property, subject to all of 4L=-the terms and conditions hereof.
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
until termination thereof. If said license is granted for use by an
existing encroachment, said license shall terminate upon removal or
demolition of said encroachment. C---X
Substantial improvements shall not be made upon any
existing encroachment without first obtaining the written consent of
Licensor and giving notice to Licensor in writing of how, when 4nd
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, 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
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
protion 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 therefor, 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 against, and pay in full, for all claims, losses,
damages, law suits, costs or expenses, that 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 utility of Licensor, reserve
the right to make any improvements 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
shall not be liable to Licensee for any damage occasioned thereby R---=
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.
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.
44 / over� ) Exhibit "A"
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This license shall be recorded in the Real Property
Records in the Office of the County Clerk of Jefferson County, Texas
by Licensee.
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, as shall be recorded in tie
Real Property Records in the Office of the County clerk of Jefferson
County, Texas by Licensor.
This license is neither assignable or transferrable except
in conjunction with, and as a part of, Licensee's conveyance of all
the abutting property this license serves through probate or
tt warranty deed or lease. In any such event, Licensor shall be
i notified of such occurrence by being delivered a copy of the
3 document or documents conveying or leasing the same.
Any notice to Licensor shall be sufficient if it is mailed
t or hand delivered to the Office of the City Manager, City of
t .' Beaumont, Beaumont, Texas. Any notice to Licensee shall be
sufficient if mailed or hand delivered to Licensee at
IN WITNESS, WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
LICENSOR
ATTEST: CITY OF BEAUMONT
By:
City Clerk City Manager
c!z
LICENSEE
STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me on the
day of , 19 , by
City Manage- 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
day of 191 by
i
Notary Public, State of Texas
My Commission expires:
Typed or printed name of Notary