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HomeMy WebLinkAboutRES 14-072RESOLUTION NO.14-072 WHEREAS, Terry Chilton has requested that the City of Beaumont grant a License to Encroach into one (1) eight foot (8') utility easement at 190 E. Circuit Drive, which is described as being in Lot 7, Calder Terrace Addition, to the City of Beaumont. The encroachment being two (2) existing structures overlapping between 2.5' and 3' in the 8' 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, time; WHEREAS, it appears that it would be equitable to allow such encroachment at this 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 Terry Chilton to encroach into one (1) eight foot (8') utility easement at 190 E. Circuit Drive, which is described as being in Lot 7, Calder Terrace Addition„ to the City of Beaumont. The encroachment being two (2) existing structures overlapping between 2.5' and 3' into the 8' 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. 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of April, NI ,!Iayor :- 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 Terry Chilton, 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 two structures overlapping 8' (eight foot) utility easement by 2.5' to 3' on Lot 7, Calder Terrace Addition (190 E. Circuit). 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 tertilination 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 ]row, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvernent 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 tern -i does not, however, include any projects or improven-ients 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 WINSHINWAA 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 fi-anchised 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 due to any repairs by Licensor, and any franchised entity of Licensor. The Licensor, and any franchised entity of Licensor shall not be responsible for the repair and replacement of any paving or other structures within the Easennent 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 fie 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 11 of -4 Any notice to Licensor shall be sufficient if it is nailed 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 190 E. Circuit, Beaumont, Texas 77706. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of--- LICENSOR: f__ LICENSOR: LICENSEE: CITY OF BEAUMONT By:_ B}=: _ KYLE HAYES TERRY CHILTON CITY MANAGER Page 3 of 4 ACKNOWLEDGMENTS STATE OF `T'EXA S X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2014, 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 JEF'FLRSON X This instrument was acknowledged before me on the day of 2014, by Terry Chilton. RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 I3eaumont, Tera;, 77704 Notary Public, State of Texas Page 4 of' 4 JSCQUELINE MCNCILL RAFE'E C.F. No. 97--91,00301 FND 5/8" _ P40AIAS E. POLK i Ron r; nRs — - -- 0.RIi.J.C. 1. 5/3• CALL ^ 75.00' VOL- 209Q. PG. 233 N0T29'4+"F 1.96' r. ittSU S SO1"02'S7' F - �-`� 1 i. 8150 G� � o� '8' UTIIJTI' ESFlJ: ' _ i —VOL ,',57, PG. 73 U.H-1.C. L01 7 l3Foci p efs 29.6' iC? ro tf} z z Lor s n k. t �a X v rn v), ro F I�EI4CE 0 Ccl) z LOT 9 COT L' �, --^ 12.2' m UN VOL. 357, PC. 7.3 i CONC. `srQLwaLx FND t�2' f ND 5/E!' \ \\ SEF 5/81, f VU �2" I. PTFE 1. ROD , 1. ROD ! PIE r� PND NCO'00'00"Vf 74.97' N00'00'33"W NOU'9FWD 5020'E FNQ�"08' FND NQS � '��7 00v 7v ��' CALL - 75.00' 75.96' 50.86' REE GEARING /sswAEO PER FLAT CALL CALL VOL. 4, RG. 993 75.00' ti 60.(H' FAST CTR(,,„,UIT 190 EAST CIRCUIT (60' R.O.W.) 13EAUMONr, TEXAS 77706 TO -71£ OWNERS OF THE PREMISES SURVEYED Lot Number Seven (7). of CALDER FEIMACE AUDITION, an addition to AS OF THE DATE Or THE SURVEY; the City of Beaumont, Jefferson county, 7sxos, as per the map or 1 1dARK_1V. ivpuf ILLDO HEREBYCERTIFY THAI THIS SURVEY WAS THIS OAY prof of said Addition, recorded in I,IADE ON THE SURFACE OF THE GROUND Or THE PROPERTY LEGALLY DESCRIBED Volume 4, Paye 193 of the Mop HEREON AND IS CORRECT. I FIND NO DISCREPANCIIS, SHORTAGES IN ARTA, Records of said County and State. ENCROACIiMENTS OR OVERLAPPING OF IMPROVEMENTS ON PIE SURFACE OF Owner: R. Vo Uum-on and j THE GROUND, EXCEPT AS SHOWN HEREON, AIL RECORDEV LASLVENTS SNOM ANO Potty Uinkle f NOTLO PER J£FFFRSaN taul,fn, pIL£ COAfPANY C1, No, 997230 g �.• pF. �-.,` Census Trnob 3.03 in accordance with the ' r : JUNE 28 t099 �r+i ty`^ ,,.�. Flood Jdazarcf Boundary ,tfol?, } DAT SURYEYEJ—_._�__._.—_.___..,-._-_ . l''co { ti Department of Housing and -•.i_._, Urban Vow0opmerlL Community t1o.:485457 Panel Plo.: 0035 B Uotc of F7REi: 12-4-04 iARK Y1, 1YItiTiLEY - REGISTERED FFtOFESSIONAL LAND SURYElQl2 No, _ 36_ +MM3K. WH1'TELRY P. 0. BOX 5492D ASSOCIAT)';S OL•A WNT• TF'SA3 77720-54U2 INC0101012ATED 409-082--0421 TINC FWNN£ER$ - 3250 19ASTE% PRRY. ORS, AND PLANNElLS DEAUA(017T, 'PEXAS '17103 (FAX)402-09'1,-1346 li: \ 0WG\ TITLES\ 99---36 3.DYVG/238-65\ 0ML EXHIBIT "B” This property Ives n) cone 'C'. Locotion on atop determined by scale on rnop. Aclual field alevolion not datermined- Mark W. whitcley and Associates does not warrant not subscribe to (ho accuracy or scoie of said maps. Zone "G does not fic in file !OU-yaor iSocd plain i FILED AND RECORDED "' OFFICIAL PUBLIC RECORDS Jima 2014 Apr 04 02:25 PM Fee: $ 38.00 2014010321 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY TEXAS *Electronically Recorded* STEWART TITLE V5-:_3 &©-3-;z _ I- M LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEEF'a RSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Terry Chilton„ owner, hereivaftcr called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (tile subject of this license agreement) described as follows: Said encroachment being two structures overlapping 8' (eight foot) utility easement by 2.5' to 3' on Lot 7, Calder Terrace Addition (190 E. Circuit). 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 encroachmcirL. 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 puuposes 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, toss of access, or otherwise. Page 1 0 4 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 Terry Chilton, owner, hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license fi•om Licensor to use that real property (the subject of this license agreement) described as follows: Said encroaclunent being two structures overlapping 8' (eight foot) utility easement by 2.5' to 3' on Lot 7, Calder Terrace Addition (190 E. Circuit). 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 encroaeliment. 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. ,x trt.x Pace 1 of 4 ,r. 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 due to any repairs by Licensor, and any franchised entity of Licensor. The Licensor, and any franchised entity of 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 tc 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 terniinable 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 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 190 E. Circuit, Beaumont, Texas 77706. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of f , 2014. LICENSOR: CITY OF BEAUMONT B y: KYLE HAYES CITY MANA.CER LICENSEE: By: TERRY C TON Page 3 o1'4 STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENTS X X This instrument was acknowledged before me on the 1 S i day of &-) r I 1 , 2014, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. J ANGELA MARIE THOMAS My Commission Expires y December 7, 2016 STATE OF TEXAS X Notat4y Public, State of Texas COUNT' OF JEFFERSON X This instrument was acknowledged before me on the day of 2014, by Terry Chilton. d a Notary Pobiic Slate Of texas t Y 0 missEari ExOwes t otary Public, State of Texas 02-12-2017 +O 'mil nI A/ y/IJy l�y�M�1Af Iw.! A+I h• ^m''^hd `!'J •''.' RETURN TO: City of Beaumont. Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, Texas 77704 Page 4 of 4 FILED AND RECORDED ;,OFFICIAL PUBLIC RECORDS 2014 Apr 04 02:25 PM Fee: $ 38 00 2014010321 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY TEXAS `Electronically Recorded` STEWART TITLE %�/v V5"•3 &"d3-;z _ L, M 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 "ferry Chilton, owner, he rcinafter 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 8' (eight foot) utility easement by 2.5' to 3' on Lot 7, Calder Terrace Addition (1 90 E. Circuit)_ 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 impr o vcment, loss of businc--s or profit, loss of access, or otherwise_ Pap, I of 4 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 Terry Chilton, 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 two structures overlapping 8' (eight foot) utility easement by 2.5' to 3' on Lot 7, Calder Terrace Addition (190 E. Circuit). 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 ,vithout 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 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 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, 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 s,.-ructures, 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 due to any repairs by Licensor, and any franchised entity of Licensor. The Licensor, and any franchised entity of 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 ofi the subject property in such a raanner 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 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 190 E. Circuit, Beaumont, Texas 77706. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the `� day of f I LICENSOR CITY OF BEAUMONT Bv_ : _ KYLE HAYE S CITY MANA.CER 2014. LICENSEE: By: TERRY 4CTaON Page 3 of 4 STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENTS X X This instrument was acknowledged before me on the 64 dayof 2014, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. ANGE.LA MAKE THOMAS My Commission Expires December 7, 2016 STATE OF TEXAS X r Nota Public, State of Texas COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of 2014, by Terry Chilton. USARMATTHEWS t j NotafyPublic Mate l lexasi y CommisS10f i Expires t °qP p2.1�-2017 1 s� �rqn 4i Hr1 A1o41 AR/IAVAV�R.A i4+-!n'I!•w�r+"'M. n'y "`" RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. 0. Box 3827 Beaumont, Texas 77704 Palle 4 of 4 otary Publ c, State of Texas