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HomeMy WebLinkAboutRES 13-125 RESOLUTION NO.13-125 WHEREAS, Jorge and Obdulia Garcia have requested that the City of Beaumont grant a License to Encroach into one (1)fifteen foot(15') utility easement at 3935 Russell Drive, which is described as being in Lot 7, Block 1, Clara Baldwin Addition, to the City of Beaumont. The encroachment being structures overlapping 7.99'to 8.43'into the 15'utility easement described in Exhibit "A" and shown in Exhibit "B," 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 easement and utilities therein; 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 statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a License to Encroach to Jorge and Obdulia Garcia to encroach into one (1) fifteen foot (15') utility easement at 3935 Russell Drive, which is described as being out of Lot 7, Block1, Clara Baldwin Addition, to the City of Beaumont. The encroachment being existing structures overlapping 7.99' to 8.43' into the 15' utility easement, as described in Exhibit "A" and shown in Exhibit "B," attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred Dollars ($500.00) for the License to Encroach. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of June, 2013. 0 ff - yor ecky Ames - 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 Jorge and Obdulia Garcia, owner,hereinafter called "Licensee", contrasted 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 structures overlapping 15' (fifteen foot) utility easement by 7.99' to 8.43' on Lot 7, Block 1, of the Clara Baldwin Addition (3935 Russell 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. In the event the City of Beaumont, by resolution of the City Council, detennines 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 coinpensation 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. Page 1 U4 EXHIBIT "A" 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, Iaw suits, attorney's fees, costs, judgments 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. Licensor will not be responsible for any damages to the structures if the sanitary sewer line should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. The Licensor shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. 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. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. 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 I Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at 3935 Russell Drive, Beaumont,Texas 77703. IN WITNESS,WHEREOF, the parties hereto have executed this agreement as of the day of , 2013. LICENSOR: LICENSEE: CITY OF BEAUMONT By: By: KYLE HAYES JORGE GARCIA CITY MANAGER By: OBDULIA GARCIA Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2013,by Kyle Hayes, 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 JEFFERSON X This instrument was acknowledged before me on the day of 2013,by Jorge Garcia. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2013,by Obdulia Garcia. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P.O.Box 3827 Beaumont,Texas 77704 Page 4 of 4 DITCR (CALL S25'17'00)V 63.00') 25' DRAINAGE EASEMENT FND S25°17'00"W 63.10' � o cALC. VOL. 10, PG. 119, MRJC FND CONC. MONU, r --------�—, CORNER co �' COVERED MANHOLE nrie• cd ors n,� olE—u —� »ne--nip- — fl 00 N rn ud °o BUILDNG I _ ---___- 15'--- CINDER EASEMENT_ __N _ �____ — —PER PiAT- CINDER BLOCK-,,N WALL 25.10' covERED SC.4LT 1"=20' I � II j ! J! I i O � °o w $ �O d� LOT 7 BLOCK 1 to P CLARA BALDWIN ADDITION VOL. 7, PG, 116, MRJC z Vol �0 Vol 9 VOA 5 vo� 6 FND 3/4" CALC. FND 1/2" r. PI1�E CORNER A 1. ROD FND N25'17'00E 126.20' FND N25°17'00"E 63.10' (CALL N25'17'00£ 128.00')' (CALL N25'17'00 E 63-00) FND N25.17'00'E 169.29' 1:1.US.tiTELL D z?1`VE (CALL N2517'00"E 189-00) REFERENCE rBEARING PER PLAT (60' ROW) SKETCH OF TO THE OWNERS OF THE PREA41SES SURVEYED ENCROACHMENT FOR AS OF THE DATE OF THE SURVEY.• 3935 RUSSELL DRIVE I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY BEAUMONT, JEFFERSON MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY D 1BED COUNTY, TEXAS HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE 71 OF THE SURVEY. OF W. WHITLIKY DATE SURVEYED- MAY 13, 2 Q� •15'r* AND ASSOCIATES RFp•;(!3 INCORPORATED comm=a IRcmm:s, ASS ,ROWE, suxva ,�ruan�s y 5728 P.-Or 8 5 5 gyp•' BLOOM,°'�r w-aw en 01-M mas THOMAS S. ROWE — REGISTERED PROFESSIONAL LAP'" °�0 �"�� EXHIBIT"B" LIC 2013019746 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 Jorge and Obdulia Garcia, owner, 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 structures overlapping 15' (fifteen foot) utility easement by 7.99' to 8.43' on Lot 7, Block 1, of the Clara Baldwin Addition (3935 Russell 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. 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. Pa,-,c 1 44 Licensee shall at all tinges 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, judgnnents 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, perforn 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. Licensor will not be responsible for any damages to the structures if the sanitary sewer line or the storm sewer should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. The Licensor shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. Licensee shall not pennit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. in addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. 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 than 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 oC4 Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at 3935 Russell Drive, Beaumont, Texas 77703. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of J✓"e 2013. LICENSOR: LICENSEE: CITY OF BEAUMONT B`': - By: KYLE HAYES O GE GARCIA CITY MANAGER OBDULIA GARCIA Fa�e3 44 ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X 7 This instrument was acknowledged before me on the /C"411 day of 2013, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. 1L \ ANGELA MARIE THOMAS My Commission Expiresyq December 7,2016 Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before the on the ( day of kC;� , 2013, by Jorge Garcia. *���� YI►►►►el�►�� v C i p pis - o = Nota>iy Public, State f Texas,-. z %d STATE OF TEXAS e'��,, .���,��"`� r''��►r►►►nllllll��,t• COUNTY OF JEFFERSON X This instrument was acknowledged before me on the _ day of E Xt t..-tom , 2013, by Obdulia Garcia`,� N�4,,144%ke °`� +r� P tai �••• xr N. �L S S Notary blic, State o`f exas '' ����Iti1111N� O wee RLTURN TO: �'` ',I/1,►►mnl+1�� `0�0� Citv of Beaumont Antoinette Hardy-Engineering P. O. Box 3827 Beaumont,Texas 77704 Page 4 of 4 �3 j A DITCH (CALL S25*17'00'W 63.0o) 25' DRAINAGE EASEMENT _.FND S?5-17'00"W 6-3.1 CC VOL. 10, PG. 119, MRJC FND CONC. cs r-4LC. MONU. CORNER ll� 00 V) CD�RED 'i�E T OHr- r<I r MANHOLE co CN ob -�n BUILDING K BLOCK cc 15' UTILITY EASEMENT� R FE4 CINDER BLOCK-- cv WALL FRAMED BLDG. 8.18' COVERED SOWLE 1 co Z- LOT 7 co BLOCK 1 z CLARA BALDWIN ADDITION VOL. 7, PG. 116, MRJC vol vol Vol FND 314 CALC. FND 112 L PIPE CORNER I 1. R FND N25'17'00 E 126.20' FND N25017'00"E 63.10' (CALL N25*17'00"E (26.00*)' (CALL N25*17'00"E 63.00') FND N25'17'00"E 189.29' (CALL N25'17'00"E 189.00) REFERENCE BEARING PER PLAT (6 W) SKETCH OF TO THE OWNERS OF THE PREMISES SURVEYED ENCROACHMENT FOR AS OF THE DATE OF THE SURVEY, 3935 RUSSELL DRIVE THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY BEAUMONT, JEFFERSON MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY D IBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE COUNTY, TEXAS OF THE SURVEY. 0 F 7-,- W. WHITEIlEy DATE SURVEYED.- MAY 13, 20tTj +AIND ASSOCIATES cz- J INCORPORATED .......... i� E CONSMMG]MGMEW, T�6iiA"*S***S SURMM, M PLUOM ......................... Ao 5728 \0 P. 0 64" =50 Us=AM.•r Mumm. Tgm Mos-6m THOMAS S. ROWE REGISTERED PROFESSIONAL LAND SU 409-M-OGM l7-vmm4--=Zo W\2013\13-4MA 13-40&VAC\=I .........