HomeMy WebLinkAboutRES 13-150 RESOLUTION NO.13-150
WHEREAS, Justino and Estalla Jaimes have requested that the City of Beaumont
grant a License to Encroach into one (1) twenty foot (20') utility easement at 2525 Rusk
Street, which is described as being in Lot 2, Block 20, Oaks Addition, to the City of
Beaumont. The encroachment being a structure overlapping 7.44' into the 20' 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 Justino and Estalla Jaimes to encroach into one (1) twenty foot (20') utility
easement at 2525 Rusk Street, which is described as being out of Lot 2, Block 20, Oaks
Addition, to the City of Beaumont. The encroachment being an existing structure
overlapping 7.44' into the 20' 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 16th day of July,
2013.
N(Oor Becky Am
Ar
LICENSE TO ENCROACH
STATE OF TEXAS X
ALL MEN BY T14ESE 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 Justino and Estalla Jaimes,
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 7.44'
on Lot 2, Block 20, of the Oaks Addition (2525 Rusk Street). 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.
Page i or4
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 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 docu>nents conveying or leasing the same.
Pagc 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
2525 Rusk Street, Beaumont, Texas 77702.
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 JUSTINO JAIMES
CITY MANAGER
By:
ESTALLA JAIMES
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 Justino Jaimes.
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 Estalla Jairnes.
Notary Public, State of Texas _
RETURN'r0:
City of Beaumont
Antoinette Hardy-Engineering
P.O. Box 3 927
Beaumont,Texas 77704
Page 4 of 4
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TO THE OWNERS OF THE PRarAS SURVEYED 2525 RUSK STREET
AS OF THE DATE OF THE SURVEY.- UEAUMONT, TEXAS 77702
DO HEREBY MW TH4T TWS SURVEY WAS M DAY Lot Number Two M Mack Number Twenty (20) of
"SURFACE OF 7W GROUND OF THE PROPERTY Xakff DESCR#80 OAKS A ►M to the City of Beaumont Jefferson
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME County, Texas according to the mop or plot as
recorded in Volume 3, Page 149 of the Mop
OF THE SURVEY, Records of Jefferson County, Texas.
GATE SURWM• FEBRUARY 20 2013
OF Owner. Justino J*rws and Estella Jaimes
Census: 12.00
ew ...... ..... In accordance with the Flood Hazard Boundary
56. ........... Map, Department of Housing and Urban
T Development.
5728 'r..' Community No.: 485457
S%0.0 Pone/No.:0020 C
......... Date o[FN?W.- 8-6-02 P?
This f=ry&s in Zone "X'(white). rn
te)-
Loco map determined byscale
THO" S. ROWE —V REGISTERED PROFESSIONAL LAND SURVEYOR No. 5728 on rpop• Actual reeld elevation not
determined. Akwk W. W476W and
Associates does not warrant nor
MARK W. WHITELEY P. 0. BOX 5492 subscribe to the accuracy or scale
MARK ASSOCIATES BUUMONT, T9W 77728-54920f said—P&
INCORPORATED 409-692-0421 Zone V(while)are arms determined to be
CONSULTING ENGINMS. outside SOD—year flood plain.
=r 3250 EASTEX FRWY.
SUUEYDRS. AND PIAGWIMS 77703 (9)2010 Mwk W.Whke4y&=fm hm
T jk BEAU)IONT. TEXAS Ws dDc nwM.ft"ffi$11~1 Pt0(Wh11W WA;m is ft PrWw*
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W62013 I EXHIBIT "B"
LIC 2013026086
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 Justino and Estalla Jaimes,
oxa,,ner, 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 7.44'
on Lot 2, Block 20, of the Oaks Addition (2525 Rusk Street). 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,e I ora
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 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.
Pale 2 of 3
Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of
the City Engineer, Citv 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
2525 Rusk Street, Beaumont, Texas 77702.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the r day of :/ 2013.
LICENSOR: LICENSEE:
CITY OF BEAUMONT
By:_ By. �-°�
KYLE HAYES JUSTINO JAIMES
CITY MANAGER
By: t times
ESTALLA JAIME
Pale 3 of 4
ACKNOWLEDGMENTS
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the ,``l day of J11 .°'
201 ), by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf
of said co,r ora t.Q-
�` ANGELA MARIE THOMAS
J My Commission Expires t
December 7, 2016 F r
Notar Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
r.
This instrurneni was acknowledged before me on the day of ! �1-) 1
a
2013, by .iustino Jaimes.
��rnv FK+Q'
LATASHA YVONNE SAiMES
My Commission Expires
January 15,2017 Notary Public ate of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of AA >
2013, by Estalla Jaimes.
S-1 LATASHA YVONNE 5AMt
My Commission Expires
January 15,2017 Notary Publ i 71 State of Texas
RE TURN TO:
Citti of Beaumont
Antoinette Hardy- F;ngineering
P. O. Box 3527
Beaumont, Texas 77704
Pat,-e 4 of 4
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(CALLED 50.00) (CALLED 50.00) jyQM
THIS SURVEY WAS PERFORMED
'WSK IST PREET WITHOUT BENEFIT OF CURRENT
(60' ROW) 77TLE COMMITMENT.
PROTRUSION NO BOUNDARY AND IMPROVEMENT
C)WOOD AND FRAME BUILDING PROTRUDES FROM 7 SURVEY ONLY, E45ENEN75�73' TO 7.44' ONTO F ANY, NOT RESEARCHED
20 ALLEY. OR SHOWN, W17H THE
EXCEPTION OF THOSE PLATTED.
TO THE OWNERS OF THE PREMISES SURVEYED 2525 RUSK STREET
AS OF THE DATE OF THE SURVEY. BEAUMONT, TEXAS 77702
I.-W945 S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY Lot Number Two (2), Block Number Twenty (20) of
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED OAKS ADDITION, to the City of Beaumont, Jefferson
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME County, Texas according to the map or plot as
OF THE SURVEY recorded in Volume 3, Page 149 of the Map
DATE SURVEYED: FEBRUARY 20, 2013 Records of Jefferson County, Texas.
OF Owner. Justino Jaimes and Estella Jaimes
..........
T j5,9*.
Census, 12.00
......F�......... in accordance with the Flood Hazard Boundary
MAS S.
OVVE. Map, Department of Housing and Urban
THO ........ Development.
--a Ir.�
..0 Community No.: 485457
%Opr:ss 0' Panel No.: 0020 C
U Date of FIRM. 8-6-02
This property lies in Zone "X" (white). 117-
Location on map determined by scale rri
THOMAS S. ROWE -V REGISTERED PROFESSIONAL LAND SURVEYOR No. 5728 on map. Actual field elevation not __11
determined. Mark W. Whiteley and 9
MARK W. WHITELEY Associates does not warrant nor
K P. 0. BOX 5492 subscribe to the accuracy or scale
AND ASSOCIATES BEAUMONT, TEXAS 77726-54920f said maps. —
INCORPORATED 409-892-0421 q
Zone V (white) are areas determined to be
CONSULTING ENGINEERS. outside 500 year flood plain.
W
+�STVRVEYORS, AND PLANNERS 3250 EASTEX FRWY.
BEAUMONT, TEXAS 77703 Q 2010 Mark W. Whiteley & Assvc;ates, Inc.
This document, as an instrument of professional service, is the property
71mw PbOst-ed&9U_1W (FAX) 409-892--1346
lqrm F---.M3 of Mork W Whiteley & Associates, Inc. and is not to be used, reproduced,
copied or distributed, in whole or part without the written authorization of
W.\201A1J-1J9\1J-139.DWG\BJF Mork W. Whiteley &Associates, Inc. I