HomeMy WebLinkAboutRES 14-201RESOLUTION NO. 14-201
WHEREAS, ENTACT, LLC, agent for Halliburton Energy Services„ Inc., has
requested that the City of Beaumont grant a License to Encroach into one (1) City right -of-
way at the intersection of Voth Road and Broad Oak Drive, which is described as being two
hundred fifty feet (250') North of the edge of the pavement at the intersection of Voth Road
and Broad Oak Drive, to the City of Beaumont. The encroachment being a ground water
monitoring well to be installed into one (1) City right -of -way 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 for any damage 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 ENTACT, LLC, agent for Halliburton Energy Services, Inc., to encroach into
one (1) City right -of -way at the intersection of Voth Road and Broad Oak Drive, which is
described as being two hundred fifty feet (250') North of the edge of the pavement at the
intersection of Voth Road and Broad Oak Drive, to the City of Beaumont. The
encroachment being a ground water monitoring well to be installed into one (1) City right-
of-way 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
September, 2014.
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( Mj yor Beck Ames -
LICENSE TO ENCROACH
STATE OF TEXAS, X
ALI_ 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 ENTACT, LLC., agent for
owner, Halliburton Energy Services, Inc, 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:
Monitoring Well — encroaching onto the City's right -of -way, two hundred fifty
feet (250') North of the edge of the pavement at the intersection of Voth Road and
Broad Oak Drive. Said encroachments are shown on Exhibit "A ", attached.
NOW, THEREFORE, Licensor hereby grants to License a license to occupy and use the
subject property for the purpose of installing the groundwater monitoring well, subject to all of
the terms and conditions hereof. Licensee shall notify 811 forty-eight (48) hours prior to any
excavation at site oil' encroachment. Licensee shall notify the Water Utilities Project Manager at
(409) 785 -3017 for utility locates forty -eight (48) hours prior to any excavation. Licensee shall
maintain a minimum of tell (10) foot separation between the water mains and the monitoring
wells (OD to OD). Licensee shall maintain the said monitoring wells in a good and safe
condition as may be required to protect the public fi-om injury or property damage. Licensee
shall upon completion of remediation activities, properly close said groundwater monitoring
well, with plans subject to approval of the City of Beaumont Water Utilities Department. After
three (3) years from tale date of this agreement, Licensee shall notify Licensor of their intent to
continue using the monitoring wells. Such notice would be sent to the Director of Public Works,
City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704.
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 o1- demolition of
said encroachment.
Substantial Improvements shall not be made upon any encroachment without first
obtaining the vrrjtten consent of Licensor and giving notice to Licensor in writing of ]low, 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"0} of the market value of the
Page I of 4
EXHIBIT "A"
structure either; (l ) 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 potion 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.
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 any structures or improvments 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 ternlination 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.
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 ENTACT, LLC,
3129 Bass Pro Drive, Grapevine, Texas 76051 or Halliburton Energy Services, Inc., 10200
Bellaire Blvd. — I NEI6G, Houston, Texas 77072,
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the day of'
LICENSOR:
CITY OF BEAUMONT
By:
Kyle Hayes
City Manager
2014.
LICENSEE:
ENTACT, LLC, agent to owner
HALLIBURTON ENERGY, INC.
By:
Printed Name:
Title:
Page 3 of4
ACKNOWLEDGMENTS
STATE OF TEXAS 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 HARRIS X
This instrument was acknowledged before me on the _ day of _ 2014, by
of ENTACT, LLC
RETURN TO
City of Beaumont
Antoinette Hardy - 17ngiueering
P. O. Box 382"
Beaumont, Teas 77704
Page of 4
Notary Public, State of Texas
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LOCATION IV EXHIBIT "B"
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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 ENTACT, LLC', agent for
owner, Halliburton Energy Services, Inc, 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:
Monitoring Well — encroaching onto the City's right-of-way, two hundred fifty
feet (250') North of the edge of the pavement at the intersection of Voth Road and
Broad Oak Drive. Said encroachments are shown on Exhibit "A", attached.
NOW, THEREFORE, Licensor hereby grants to License a license to occupy and use the
subject property for the purpose of installing the groundwater monitoring well, subject to all of
the terms and conditions hereof. Licensee shall notify 811 forty-eight (48) hours prior to any
excavation at site of encroachment. Licensee shall notify the Water Utilities Project Manager at
(409) 785-3017 for utility locates forty-eight (48) hours prior to any excavation. Licensee shall
maintain a minimum of ten (10) foot separation between the water mains and the monitoring
wells (OD to OD). Licensee shall maintain the said monitoring wells in a good and safe
condition as may be required to protect the public from injury or property damage. Licensee
shall upon completion of remediation activities, properly close said groundwater monitoring
well, with plans subject to approval of the City of Beaumont Water Utilities Department. After
three (3) years from the date of this agreement, Licensee shall notify Licensor of their intent to
continue using the monitoring wells. Such notice would be sent to the Director of Public Works,
City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704.
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 (251ro) of the market value of the
STATE OF TEXAS
COUNTY OF JEF17ERSONI
ACKNOWLEDGMENTS
X
X
This instrument was acknowledged before me on they day of�'
2014, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf
of said corporation.
ANGELA MARIE THOMAS
f } My Commission Expires
December 7 2016
Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF HARRIS X
This instrument was acknowledged before me on they day of ri"i ;ti 2014, by
t)j N f of ENTACT, LLC
1 € B
Notary Public, tate of Texas
RETURN T0:
Citv of Beaumont
Antoinette Hardy - Engineering
P. O. Box 38�? LATASHA YVONNE SAMES
Beaumont. Texas 7'704 My Commission Expires
f January 15, 2017
Pane 4 o1 4
structure either: (I ) 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 terns 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.
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 ( $00.00). Said sum being non-refundable.
Page 2 ('f
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 or termination. Said notice shall be given not less than thirty (30) days prior
to the ternination 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.
Anv 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 ENTACT. LLC,
3129 Bass Pro Drive, Grapevine, Texas 76051 or Halliburton Energy Services. Inc., 10200
Bellaire Blvd. — 1NE16G, Houston, Texas 77072.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the CA4k dayof_ ��5�'�Mn��{ 2014.
LICENSOR: LICENSEE:
ENTACT, LLC, agent to owner
CITY OF BEAUMONT HALLIBURTON ENERGY, INC.
Kyle Haves
City Manager
By:
G
Printed Name: I-Nc>,c- i,� C, X
Title: _—I s��c cXcti C-
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PROPOSED MONITOR WELL OHALLIBURTON
LOCATION MAP BEAUMONT, TX
FIGURE 1