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HomeMy WebLinkAboutRES 06-332 RESOLUTION NO. 06-332 WHEREAS, the Beaumont Community Housing Development Organization has requested that the City of Beaumont grant a License to Encroach into the City's five(5)foot general utility easement and ten (10)foot storm sewer easement, 4.68 feet for a distance of 34.6 feet, located at 3655 Bowen Drive, which is described as being out of Lot 32, Block 8, Home to Bowenville Addition 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 into the City's five (5) foot general utility easement and ten (10) foot storm sewer easement, 4.68 feet for a distance of 34.6 feet, located at 3655 Bowen Drive, which is described as being out of Lot 32, Block 8, Home to Bowenville Addition as shown in Exhibit "A" attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred Dollars ($500.00) for each License to Encroach. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31 st of October, 2006. � UMp i U I - Mayor Guy N. Goodson - ���yAW I. LUU6 10:41 AM SE TX TITLE N0, 2388 P. 2 SURVEY LEGEND —ESE` ELECTRIC LINE rL'.- CONCRETE SURFACE E3 A.C, AIR CONAI79oN1NG Uvr7, =____ WOOD FENCE• PL—PL— PIPELINE ® COVZ'JWD AREA ■P.P. POWER POLE ���� CHAD; LINK FENCE —T—T— TELEAlIONE LINK'.' ROCK OR ORAVEL - pMN MANHOLE. X BARBED WIRE FENCE CLIENT: R R FNDA L. ALOSBY CF#: 7SET5751 IQ_ LOT 27 g LOT 22 Al FOUND f/2' (CALLED S 69'DS'Oo" )I 41v - 5'r-OUND 7 3 MON OD S 67'48'06" W 60-10, ol ri PI E' SCALE., 1 a 30' —_7.6' UTLFJTY SA3EMENT OENZRAL UTILITY EASEMENT AS ER VOL. .i 922. PG. i 07. muc LOT- 32 f0' EASEMENT FOR SroiW 98Wrm AS PRA VOL. 1644, PO. 62, DRJC O�o N` 1°o CONCRETE w k bt o N 40.70 e LOT 33 v SINGLE STORY LOT 3 7 WOOD FRAME' d" BRICK SIDED x 6 RESIDENCE ON O '20 CONCRETE w w N� I Ny r7° 6.0 oA Vi 4 _ rqvIZ e? .3 ' .7 �1 . .i.-.. COVERED CONCRETE 25' BUILDING SETBACK LINE 20.05' � •CONCl1LTll.• " - w FOUND y/e' N 68.19'03° E 60.22' `FOUND 1/2' IRON hOD (CALLED N as 00,00" 'r 60.00') IRON PIPE 3655 BOWEN DRIVE (so' R,o.W.) DESCRIPrloN OF SERVIOES: _LOCATE CORNERS AND SHOTY IMpR Y MENTs SURVEYOR'S CERTIFICATION: 2'0 TIIJC LIENROLDERS AND TfIE OWNERS OF TILT PREMISES SURVEYED AND TO THE' CJiJCAOO TITLE INSVRANCE COHPANY The ,undersignad does hereby certify that this survey was this day made on the ground of the property Legally described hereon and is correct, and that there are no discrepancies, a,TLflticts, shortages i+It area, boltnda7y Line 00-flicts, encroachments, over-tapping of improvemenfe, easements or nghtCft, wan), except as shown hereon, and that said property has access to and J`ro?n a dedicated roadwa The above tract being Located at 3665 80DYR'N DR1yF y' Dated this the zs' day Septelnbsr, 2006. Lot BEAUMONT TEXA 77708 and being desoribed as - "n. B.0-k F o (8) DP Kf7 MI%' TO ROWFN rrr r as recordsd in Vol-u7ne_10 , ,page _97 of the Records of ✓E FFF.R.5'ON with the Flood Insurance Rafe Nap of the Federal Emerg n Ma7lagesnnt Agency, map reference V, Tahms_ In accordance tract Iles in the flood zone noted Location on 7nap was date fined b case,Agency, own, the subject unless requested. FAUST Ti7lginecring and STarveying, I d -7-7 not w nt nor ji.e 'on not deter+nined. Of said map. bs be o the aocu cy or scale 0 2006 JA U_S7•Gngined,ing oM/U.n.cyinx hrc•, A/J riKh&, ---d TNIS RIRVPY 1$CMT7FMD FOR THIS T`NWSAC LION ONLY AND 18 NOT TRANSFI•]iAe 11 TO ADDITIONAL INBTMT7KITM OR 1I/Dg!(�UL"T olkHM UaT OF TTla fOR Yfiy FOR ANY OT1 R+R CURr'OSU DR DY OTWM VARTAS SRALLES.7 RIC RD F, FAU.S TNEQi.OW7 RIJK AND 777D UNDL"1ONL•D SUX1%YOR M NOT REWONVEl.F.TO oTCtFTeatroRANV wssRlaw nNO Y�nwTnof a REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4762 ENCROACHMENT NOTE- OTES: D 7LSILSeptem.6-, 26 3 I. CONCRETE DRIVE OVERLAPS 26 BUILDING SETBACK LINE CensTls Tr¢pt: — 7.03 QF FEMA Flood Zone: g_ cOn14Tu7L•j,ty Panel NO.. .y.� �d• . 485457-0030 C FAUST M..uR ►.�o�F".-1. �. 1. Panel Date: os—o�s_zooz �,1 4782 04 E•NGINEERIAND G sURVEYING, INC.Book o. V goa-20 F Le ld N S.rvtn g the Golden +'ji'-QiC�98�Off•O� ` TrCa7<gte 11 r 1D y.an•• O,SW . N P O. .r 2525 C.Rd Stns! TOj¢C'} —040615ZF Bvau=971t, Tvsae 7770E (eca) 8fy-yelp Fax (409) 9f.7-3484 EXHIBIT "A" CITY OF BEAUMONT Cue PUBLIC WORKS -] K INTEROFFICE MEMORANDUM November 16, 2006 TO: Rose Ann Jones, City Clerk FROM: Ilona N. Baker, Real Property Specialist tlrt) SUBJECT: Instrument for Filing COMMENTS Enclosed please find a copy of the following recorded License to Encroach: An existing wood frame/brick sided house which encroaches 4.68 feet for a distance of thirty-four and six tenths feet (34.6') into the City's five foot (5') general utility easement and ten foot(10') storm sewer easement across the west line of Lot 32, Block 8 of the Home to Bowenville Addition [3655 Bowen Drive]. Owners: Beaumont Community Housing Development Organization (Resolution No. 06-332J \encroachment\bchdo Iilllilllllllilllllllllllllllillllllllllllllilllllllllllllll `I` 2006044016 6 PGS LICENSE TO ENCROACH STATE OF TEXAS X 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 the BEAUMONT COMMUNITY HOUSING DEVELOPMENT ORGANIZATION,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 wood frame/brick sided house 4.68 feet for a distance of thirty-four and six tenths feet (34.6'), into the City's five foot (5') general utility easement and ten foot (10') storm sewer easement across the west line of Lot 32, Block 8 of the Home to Bowenville Addition (3655 Bowen Drive). 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. 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 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 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. 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. Page 2 of 4 Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer,City ofBeaumont,P.O.Box 3827,Beaumont,Texas 77704. Anynotice to Licensee shall be sufficient if mailed or hand delivered to Property Owner at 3655 Bowen Drive, Beaumont, Texas 77708. IN WITNESS,WHEREOF]j the�parties hereto have executed this agreement as of the 2^4 day of I�idCMSI/ , 2006. LICENSOR LICENSEE CITY OF BEAUMONT BEAUMONT COMMUNITY HOUSING DEVELOPMENT ORGANIZATION By: By: KYLE HAYES CITY MANAGER Title: 1 ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X �r This instrument was acknowledged before me on the -4-day of J y ©V-eM'11fX , 2006, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. ., , ANGELA MARIE THOMAS �Nota ublic, State of Texas � MY COMMISSION EXPIRES I 9iin- April 7,2M Page 3 of 4 STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the o2 day of 0a ,2006, by n i n Iq e14 lr -r IIONAN.BAKER : Notary Public.State d Tirr _• ;• mycommwsbnEW" Notary Public, State of Texas v8,2009 RETURN TO: City of Beaumont Ronnie Pullin P. O. Box 3827 Beaumont,Texas 77704 409/880-3728 license bcbdo Page 4 of 4 I SURVEY LEGEND —E—B-- ELECTRIC LINE CONCRETE SURFACE CIA.C AIR COMUTIONINC UNrT =-_-_ WOOD FENCE PL—PL— PIPELINE ® COVERED AREA ■PIP. POWER POLE CHAIN L)NK FENCE —T—T— 2`21-t PRONE LINE F7-Z'j ROCK OR GRAVEL ONH MANHOLE X BARBED WIRE FENCE CLIENT: BRENDA L. MOSEY Y GF#; 7SETS751 1 C LOT 21 LOT 22 N FOUND 1/,Z' (CALLED S 68.06'00` lr 60.00') )FUND 7/3 IRON ROD S 67'48'OG" W 60.10, )RON PIPE SCALE; I- a 30' M.N. P.P. UTILITY EASEMENT -- `-� b' GENERAL VTfL)TY mameENT dS ER VOL. 19E,2. PG. 107. DJUC LOT- 32 10' EASEMENT FOR STOJIV IZWZR AS PER VOL. 1644, PG. 82. D"C C* G �n N" p CO MrAND p�O CONCRETE 3t t!4 4 �� nx 40.70 LOT 33 w SINGES 52-0Jar LOT 3 y %5 O BRICK BIDED I d- 6 RESIDENCE ON :O O •ZO CONCRETE l N.a ^I� B.00a I �� Zf N ... COVERED Zy rQ N ^:~ CONCRETE 25" BLr=DING SETBACK LINE ZOOS' �^ Y -CONCRLfB7 '� N DAVE FOUND sl N 6B'f 9'03" E 60.22' �.JrovND 1/a' IRON OD (CALLED N 88'06'00" E 00.00') IRON PIPE 3655 BOWEN DRIVE DESCRIPTION OF SERVICES: LOCATE CORNERS AND SHOW IMPROPNMENTS SURVZYOR'S CERTIFICATION: 2'0 THE LIENHOLDERS AND THE OWNERS OF TVZ PRSMJSES SURVSy D AN TO THS CJYJCAGO TITLE INSURANCE COMPANY The l nderstgned does hereby aartlfy that this suT-vey was this day Trade an the ground of the proparty zegaa1v described hereon and is eorrsat and that there are no discrepancies, 00TVIicts, shortages In evrea, bovndaTV line eonfKcts, encroachments, over-lapping Of improvements, easements or rights-of-wary, except as shown hereon, and that said property has accass to and J°roTn a dedicated roadway. Dated this the 261h day of September" 2006. The above tract being Located at 3655 BOWF'N DRIYF REAUMONT TEXAS 77706 and being described as _LOt Thtirty-two X92) . Block Fight(8) eP Aro fF Annr7'rnly TO ROWFNVILL)r as recorded in VoluTna_10 , page 97 of the Records of l .FF RCON County, Taras- In accordance with the Flood rnauraTLee Rate Map of the Federal ETnsrg Ts ManageTnent Agency, Tnap reference ah��T�, ties artbfect treat lies in the flood zone noted. Location on map was data ined 6 Gala. Actual fte on nbt deteT-mined, unless requested.nap. FAUST Engineering and Swrveying, I dos not w nt nor bs be o the acou a of said Trap. cy or scale 0 2006 PAUST f.Azlneedng o,.d J:rrveyinX hm A11 rlgha,ir—d TNB WRVP 13 CMT1FMDFORTW$T1"MAC1ION ONLY ANDM NOT '1RnNSniNA @Lti P ADDrtIONAI.MiTITUTICINR OR SUD.4.Q' UI+Ni O4•NLRY Uti or Tire annvF r>ayn.NY CM mR rOw osn OR DY OTHM rnRTUS wnLZSS.T RIC RD F. FADS Te TITMA F.7 R1�G nND 4tMAMN THIX 9UKVf.YOR IN NOT itIIQ+ONB®LF m REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 Om,.TtR FOR ANY Loss RIi3 VL'xNV T'NkXtikAUK ENCROACHMENT NOTES. Data:Ssptember 2S. 2006 1. CONCRETE DRIVE OVERLAPS 26• BUILDING SETBACK LINE Censw. 717-a4t: -- 1.03 t�• FEMA Flood Zome X _ ..�.................. .. . GoTnTnuTaTty Panel NO.. FAUST "'"u�--�RD�FA�T. 485457-0030 c �' 4782 � Panel Date: -OB--oe-2002 ENGINEERING AND S � ' 04-8 URVEYING, INC. Field Book No._' 0609-20 -Serving the GO{dose Triangle jbr f0 yaws,, Su EI et Projeat No. 040616ar Beaumon, exae 02 (4OD) 913-3sf0 Fes (409) 613-3404 EXHIBIT "A" FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006 Nov 07 10:27 AM 2006044016 CAROL $32.00 CAROLYN L. GUIDRY COUNTY CLERK JEFFERSON COUNTY TEXAS