HomeMy WebLinkAboutRES 13-223RESOLUTION NO.13-223
WHEREAS, Miguel Garcia and Maria Socorro have requested that the City of
Beaumont grant a License to Encroach into one (1) ten foot (10') utility easement at 3930
Russell Drive, which is described as being out of Lot 6, Block 2, Clara Baldwin Addition,
to the City of Beaumont. The encroachment being one (1) existing structure overlapping
between 1.93' and 4.63' and one (1) existing structure overlapping 4.57' into the 10' utility
easement as 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, subject to the following conditions:
• The City of Beaumont will not be responsible to any damages to the
structures if the sanitary sewer line should ever develop a cavity or due to
any repairs to the City main by City crews.
• The City of Beaumont shall not be responsible for the repair and
replacement of any paving or other structures within the easement property;
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 with Miguel Garcia and Maria Socorro to encroach into one (1) ten foot (10')
utility easement at 3930 Russell Drive, which is described as being out of Lot 6, Block 2,
Clara Baldwin Addition, to the City of Beaumont. The encroachment being one (1)existing
structure overlapping between 1.93' and 4.63' and one (1) existing structure overlapping
4.57' into the 10' 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, subject to the following conditions:
• The City of Beaumont will not be responsible to any damages to the
structures if the sanitary sewer line should ever develop a cavity or due to
any repairs to the City main by City crews.
• The City of Beaumont shall not be responsible for the repair and
replacement of any paving or other structures within the easement property.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
October, 2013. rrp, �, ,
Mayor Becky 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 Miguel Garcia and Maria
Soeorro, 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 two structures overlapping 10' (ten foot) utility
easement by 1.93' to 4.63' on Lot 6, Block 2, of the Clara Baldwin Addition
(3930 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 st-ructures 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 pail thereof, for the benefit of the City or to protect the health, safety
OF welfare of the public, and it terminates this license or any part thereof, Licensee shalt not
receive any compensation and the City of Beaumont shah 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 44
EXHIBIT "A"
Licensee shall at all times indemnify and hold harmless Licensor and any fi-anchised
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 fi•om 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 agreemelt 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 Cleric 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 probat(-.. 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 of4
Any notice to Licensor shall be sufficient if it is mailed or Rand 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 inailed or hand delivered to Property Owner at
3930 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 MIGUEL GARCIA
CITY MANAGER
By: ------
MARIA SOCORRO
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 Beaunimit, a nlunici.pal corporation, oil behalf
of said corporation.
Notary Public, State of Texas ^
S"TA'I'E OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of
2013, by Miguel 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 Maria Socorro.
Notary Public, State of"Texas
RETURN TO:
City of Beaumont -
Antoinette Hardy-Engineering
P. O.Box 3827
Beaumont,Tcxas 77704
Page 4 of 4
1
(GALL N21'48'00'E 36.12')
FND N21°50'03"E 35.74' FND 1/2" J
CORNER-, !-ROD
____.— Bvo.
n
10'UTILITY EASEMENT Ll
PER PLAT ..— cov.
C.
I mDC C NER ?4
e
11.x0' 18.00• E
I
I I LVME
5'SIDE SETBACK ' 1 sync R
VOL. 793, PG. 95
DRJC '
11.20• �.
E L CINDER BLOCK
WALL
r� B
Lwr /
Tu I
O� E 21.00' E M
I N�
nO �u 3 UJ�
2 i 11.20' i M n
A o LOT 6 s
Z BLOCK 2 O
tL
E LL
I I
I 1
f 5'SIDE SE78ACK
VOL 793, PC. 95
i DRJC
9.75' I4.50' EB.7B'
25'DLDG. SETBACX - --
PER PLAT T I I
I E
--._.------------i-I ------- ---1 f
I I
I I
"0
I �
I
L-------- FND 3/4"
FND 5/8" CALC. FND PINCHED ) pff E
L R O CORNER 1 L PIPE O�
Y�
FND S25'17'OO V 60.00' , FND S25'1 7'56"W 136.04'
(CALL S25'I7'001W 60.00') FND S25'1 7 00"W 60.00'(CALL S25'17'00"W 60.00 (caLL s2srTDD w 136.23)
') _J
FND S25'17'00'W 120.00'
(CALL
S25'1 7'00'W 120.00)
REFERENCE BEARING PER PLAT RUSSELL DRIVE
(60'ROW)
SKETCH OF
TO THE OWNERS OF THE PREMISES SURVEYED ENCROACHMENT FOR
AS OF THE DATE OF THE SURVEY.' 3930 RUSSELL DRIVE
1. THOMAS S. ROWE DO HEREBY CERI7FY THAT THIS SURVEY WAS THIS DAY LOT 6, BLOCK 2
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME CLARA BALD" ADDITION
OF THE SURVEY. VOL. 7, PG, 116, MRJC
DATE SURVEYED; AUGUST 19, 2013
BEA , JEFFERSON
REwsED DATE SURVEYED: SEPTEMBER 17, 2013 COUNTY, TEXAS
F OF.rt; MARK W. WIRULEY
ASSOCIATES
INCORPORATED
�. .................. GONSNRH7G KNC;W IIiS
7}tOM S.ROV? summons, MD pum
1awa o1d+l.a xa npn,a4p
... 5728 vim;� r>nor-mn
P. 0, aa3 b192 a6C 11aIR IRT.
THOMAS S. ROWE RE( EXHIBIT "B" N0. 5728 awxwn. mm vmro-aa mmmar, �mw
a,-svi-wei Irlr1 lao-aoa-lau
iiIIIIIIIIIIIIIIIIIiiiilllillllliilllliillllllllll8 LI` 2@13034112
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 Miguel Garcia and Maria
Socorro, 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 encroaclunent being two structures overlapping 10' (ten foot) utility
easement by 1.93' to 4.63' on Lot 6, Block 2, of the Clara Baldwin Addition
(3930 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 tenn 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, iuiIlabitants, 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 anu the �_ icy of Beaumont shaii not cue iiauie tnererore, wnetner fou Lne
value of property taken, damage to the abutting or retraining property or improvement, Loss of
business or profit, loss of access, or otherwise.
f aW,e 1 44
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, attomey'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 orpremises covered by this license
where such is deemed necessary for the health, welfare and safety of the community. hn 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
eneroaclunent. hn 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 Co(lnty, 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 tenination (late, 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 dcl.. a t .; ; j' o!
Page-') 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
3930 Russell Drive, Beaumont, Texas 77703.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the I q day of_ CC+-O 6 e- r 1 2013.
LICENSOR: LICENSEE:
CITY OF BEAUMONT
Bv:- By:
KYLE HAYES MIG(-ff-L RCIA
CITY MANAGER
By: ar i ck 7,-,Qc ro C.—
r-cky C�
Q,
MARIA SOCORRO ClAFYCIA
Page 3 o1'4
STATE OF TEXAS
COUNTY OF JEFFERSON
ACKNOWLEDGMENTS
a
0
This instrument was acknowledged before me on the day of ft
2013, ), by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation. on behalf
ANGELA MARIE THOMAS
My Commission Expires
December 7, 2016
STATE OF TEXAS X
A
Notary Public, State of Texas
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the L ay of
2013, by Miguel guel Garcia.
- - - - - - - - - - -
LATASHA YVONNE SAMES
My Commission Expires otary P Publ
January 15, 2017 tate of Texas
I T
*I.CW'E
STATE OF TEXAS
F.4
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the q+hdav of
2013, by Maria Socorro.
LATASHA YVONNE SA - M ]ES
MY Commission Expires
January 15, 2017
RETURN TO
kntoinette Hardy - Engineering
P. O. Box 382-
BeaLIM011t, Texas 77704
Pale 4 (,1'4
YJ
ota y Public, ate of Texas
EXHIBIT "A"
i"
S�AyE 1
10, �1
(CALL N21'48'00"E 36.12')
FND N21050103"E 35.74' FNDR1
CALC. -�i
RNER OIL —
G.78'
10' UTILITY EASEMENT
PER PLAT
5' SIDE SETBACK
VOL. 793, PG. 95
DRJC
Lo
o�
r7
o G7
n cy)
V- 0
2 't
c0
-j z
z
u.
25' BLDG. SETBACK
PER PLAT --
0.28'
FND 5/8" CALC.
I. ROD CORNER
FND S25" 17'00 "W 60 nn O
�I
I
I
I
I
HOT
Eva
I
I
I
I
I
I
I
I
I
I
I
I
I M
A �
I
I
I
1
I
METAL � \��T�~
o
BLOG \,
nRE
PLACE
f 1
COMM
TILE } L r
24.00'
8
k;
AC WOOD d' FRAM£
RESIDENCE
14.20'
LOT 6
BLOCK 2
-1 �O
vo
0� 9
(� 1.
24 00.
03�ra�F?69a"
PADS' i i h COfiNER
BLDG M I
1B.00' i
WOOD R
acne N
�i CINDER BLOCK
WALL
I
I �
C7
I
I fV Mr
I T--N
W
I Q cW
O C1
M M
I L CC7 VC°7
OQ
J.70' z
LL
(
cov. ,
---- --- I I I
I �
I I
I I I
i cDv. I
I � I
I
(CALL S25.17'00"W 60.00) FND S25017'00"W 60.00'
(CALL S25' 17'00 "W 60.00')
FND S25" 17'00 "W 120.00'
(CALL S25' 17'00 "W 120.00 )
REFERENCE BEARING PER PLAT
(60' ROW)
TO THE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF THE SURVEY.
1. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME
OF THE SURVEY.
DATE SURVEYED: AUGUST 19, 2013
REVISED DATE SURVEYED: SEPTEMBER 17L201 _—�
5' SIDE SETBACK
VOL. 793, PG, 95
DRJC
FND PINCHED
FNO 314"
I. PIPE
FND S25' 17'56 "W 136.04'
(CALL S25' 17'00 "W 136.23)
SKETCH OF
ENCROACHMENT FOR
3930 RUSSELL DRIVE
LOT 6, BLOCK 2
CLARA BALDWIN ADDITION
VOL. 7, PG. 116, MRJC
BEAUMONT, JEFFERSON
COUNTY, TEXAS
MARK W. WHITELEY
AND ASSOCIATES
INCORPORATED
CONBULYING ,ENGUMN,
SURYEYOR9. AND PI.AMM
il+m F-c�i0
P. o. Bar awa sand aAaraoc rm.
S Uoroxr, raa" -M=-awa 7=0 "M
+oa-M-o TA* 40-M-130