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HomeMy WebLinkAboutRES 15-233RESOLUTION NO. 15-233 WHEREAS, Halliburton Energy Services, Inc., through its agent, ENTACT, LLC, has requested that the City of Beaumont grant a License to Encroach into city -owned property, which is described as being two (2) monitoring wells encroaching on the City's right-of-way located 310' east and 456' east of the intersection of northbound Hwy 69 frontage road and Broad Oak Drive, to the City of Beaumont. The encroachment being two ground water monitoring wells overlapping onto city -owned property 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; 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 Halliburton Energy Services, Inc. to encroach into city -owned property, which is described as being two (2) monitoring wells encroaching on the City's right-of- way located 310' east and 456' east of the intersection of northbound Hwy 69 frontage road and Broad Oak Drive, to the City of Beaumont. The encroachment being two (2) proposed ground water monitoring wells overlapping into city -owned property, as described in Exhibit "A" and shown in Exhibit "B," attached hereto and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of October, 2015. TA jI: ME- LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: CKiTi1� QZi]� 1 � � �I �17.Yih 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 Wells — encroaching onto the City's right-of-way located 310' east and 456' east of the intersection of northbound Hwy 69 frontage 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 (24) hours prior to any excavation at site of encroachment. Licensee shall notify the Water Utilities Project Manager at (409) 785-3017 or (409) 785-3019 for utility locates twenty-four hours (24) 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 (25%) of the market value of the Page 1 of 4 EXHIBIT"A" 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. 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 damage to the monitoring well if the water or sanitary sewer main should ever develop a cavity or due to any repairs to the Licensor mains by Licensor crews. Licensor shall not be responsible for the repair and replacement of the monitoring wells. The Environmental Contractor will be invoiced for any damages that occur to Licensor water and/or sanitary sewer mains during the installation and/or removal of any of the monitoring wells. 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. Page 2 of 3 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. 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., 3000 N Sam Houston Parkway E, Houston, Texas 77032. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2015. LICENSOR: LICENSEE: CITY OF BEAUMONT By: Kyle Hayes City Manager ENTACT, LLC, agent to owner HALLIBURTON ENERGY, INC. .02 Printed Name: Title: Page 3 of.4 ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2015, 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 , 2015, by , of ENTACT, LLC RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, Texas 77704 Notary Public, State of Texas Page 4 of 4 0 voo, oSf-ID 0-011 wo 0 I,RO?Osf 1) tAolow I 69196 SUVA xOlw 5 J�IIRMIY'�I'Ml�'�'�VI�IVVi ..� mise+sais LICENSE TO ENCROACH STATE OF TEXAS I 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 Wells — encroaching onto the City's right-of-way located 310' east and 456' east of the intersection of northbound Hwy 69 frontage road and Broad Oak Drive. Said encroachments are shown on Exhibit "A & B", 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 (24) hours prior to any excavation at site of encroachment. Licensee shall notify the Water Utilities Project Manager at (409) 785-3017 or (409) 785-3019 for utility locates twenty-four hours (24) 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 (25%) of the market value. of the Page 1 of 4 structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being r * estored, 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 d ' oes 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 damage to the monitoring well if the water or sanitary sewer main should ever develop a cavity or due to any repairs to the Licensor mains by Licensor crews. Licensor shall not be responsible for the repair and replacement of the monitoring wells. The Environmental Contractor will be invoiced for any damages that occur to Licensor water and/or sanitary sewer mains during the installation and/or removal of any of the monitoring wells. 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. Page 2 of 3 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. 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., 3000 N Sam Houston Parkway E, Houston, Texas 77032. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the �� day of 0�- Ioe t- , 2015. LICENSOR: CITY OF BEAUMONT By: Kyle Hayes City Manager LICENSEE: ENTACT, LLC, agent to owner HALLIBURTON ENERGY, INC. By: - 0. Printed Name: i" l o- r- V C O N Title: P ra i e c Page 3 of 4 STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENTS 0 X This instrument was acknowledged before me on the � day of 0Ci0-Ae-� 2015, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. ANGELA,WARIE THOMAS My Commission Expires Notary Public, State of Texas December 7, 2016 S19 : Of Tti FP STATE OF TEXAS X COUNTY OF HARRIS X This instrument was acknowledged before me on the I2Z day of 0c C , 2015, by IAO,' r}y 0- `J 'y" of ENTACT, LLC RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. 0. Box 3827 Beaumont, Texas 77704 Page 4 of 4 If s '&-`'�/�L�- Notary Public, State of Texas `1\11Y IP I, PB"� REBECCA A. GIROUAR® Notary Public, State of Texas My Commission Expires - ", w+'• July 22, 2019 .:: � ,-�-�-. - ����; -.: •...PAD .�•��� �E"FIAG81•LIAl1<.€F:.IaI.0 - - -- .•''. .',(/�O 1.# METAL PAD DRtV METAL BLD. �y BLD. TAN PAD 0 -FI =S A •.. WASH RAC UNDISTURBED FOR ( OIL WA rR f o SHOP B 3u. cF RA " TOR OFFICES } ! t 'UBGRA E' a. -DRIVE �9RMER ASPHALT•.'. - - � w LL �z \ SHOP BLDG. GRACSY AF2cfi:: W = v OIL WA ER 0SEPA;%TOR SUMP OF44 FICE ' CREA i n�. CHAIN LINK FENCE ATI" GA 3AT pRAINAGE DITCH B RTfJ�Aft STREET 310' FROM 4' FROM BROADOAK ROAD FRONTAGE ROAD LEGEND E HISIT y U PROPOSED MONITOR WELL LOCATION --- PROPERTYBOUNDARY --O- FENCE LINE OSSID ID -0?