HomeMy WebLinkAboutRES 13-152 RESOLUTION NO.13-152
WHEREAS, Emma Ellis has requested that the City of Beaumont grant a License
to Encroach into one (1) twenty foot (20') alley at 4974 Highland Avenue, which is
described as being in Lots 6, 7 and 8, Block 1, Morning View Addition, to the City of
Beaumont. The encroachment being a structure overlapping 8'into the 20'alley 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 Emma Ellis to encroach into one (1)twenty foot (20') alley at 4974 Highland
Avenue, which is described as being out of Lots 6, 7 and 8, Block 1, Morning View
Addition, to the City of Beaumont. The encroachment being an existing structure
overlapping 8' into the 20' alley, 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 23rd day of July,
2013.
Mayor Pro Tern Gethrel Wright -
1
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 Emma Ellis, 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 a structure overlapping a 20'(twenty foot) alley by 8' on
Lots b, 7 and 8, Block 1, of the Morning View Addition(4974 Highland Avenue).
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 terin 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.
Page 1 of 4
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, law 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 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 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 than thirty(30) days prior
to the tennination 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 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
4974 Highland Avenue, Beaumont,Texas 77705.
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 EMMA ELLIS
CITY MANAGER
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 Emma Ellis.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy-Engineering
P.O.Box 3827
Beaumont,Texas 77704
Page 4 of 4
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TO THE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF'THE SURVEY-
1, J•+5.!14' A', s;t1!iI'1�'.l 00 HEREBY CERTIFY THAT THIS .SURVEY WAS THIS DAY
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MADE ON THE SURFACE OF THE GROUND OF THE' PROPERTY LEGALLY DESCRIBED HEREON
AND IS CORRECT. I FIND NO DISCREPANCIES,SHORTAGES IN, ENCROACHMENTS OR rn
OVERLAPPING OF iMPROVEMENTS ON,THE SURFACE OF GROUND, EXCEPT AS SHOWN
HEREON. a
DATE SURVEYED vn+?s;�st+.s,v 1fj. 1 ,7
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—REGISTERED 'PUBL C SURVEYOR No.
lL�EEYy •, ; _�
AAARKNO'A5S W� $
INCORPORATED
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� � EXHIBIT"B,I ;�
1111 111 III 111 11 111111$1111�11111111 LIC 2013028551
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 Emma Ellis, owner,
bere�inafter 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 structure overlapping a 20' (twenty foot) alley by 8' on
Lots 6, 7 and 8, Block 1, of the Morning View Addition (4974 Highland Avenue).
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
stricture 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.
Page 1 of
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, 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 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 permit trees, shrubs, plants, or any object to be placed on the subject
property in such a mariner 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
o£, 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 �Icliv::red a copy ofthe documeat or docu-i-nents conveying or lea,ing 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 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
4974 Highland Avenue. Beaumont, Texas 77705.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the 3 day of 2013.
LICENSOR: LICENSEE:
CITY OF BEAUMONT
B 5 L t✓" By:
Y _
KYLE HAYES EMMA ELLIS
CITY MANAGER
Pace 3 of 4
ACKNOWLEDGMENTS
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the --athday of S
2013, by Kyle Hayes, City Manager of the City of Beaumont, a municipal core tion, on behalf
of said corpor i
LATASHA YVONNE SAMES C",
My Commission Expires P I�
January 15, 2017
lotary Public, tate of Texas
STATE OF TF,XAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the - 1,�*k day of
2013. by Emma Ellis.
TIMOTHY ALLEN TOWNLEY r
Notary Public
y� STATE OF TEXAS O u llc, tate O as
My Comm.Exp.Dec.27,2013
R :TI)RN TO:
City ot'Beaumont
Antoinette Hardv- Engineering
P. O. Box 3827
Beannlont, Texas 77704
Pace 4 of 4