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Home My WebLink AboutRES 15-284RESOLUTION NO. 15-284 WHEREAS, Mark Fertitta, owner of Madison Plaza, LP, has requested that the City of Beaumont grant a License to Encroach into one (1) ten foot (10') utility Easement at 6755 Phelan Boulevard, which is described as being in Lot 2A and part of Lot 3A, Amended Plat of Calder Woods, to the City of Beaumont. The encroachment being one (1) existing structure overlapping 0.23' to 1.72' into the ten foot (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; 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 Mark Fertitta, owner of Madison Plaza, LP, to encroach into one (1) ten foot (10') utility easement at 6755 Phelan Boulevard, which is described as being in Lot 2A and part of Lot 3A, Amended Plat of Calder Woods, to the City of Beaumont. The encroachment being one (1) existing structure overlapping 0.23' to 1.72' into the ten foot (10') utility easement, as described in Exhibit "A" and shown on Exhibit "B," attached hereto and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of December, 2015. goes. 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 Madison Plaza, LP, 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 one (1) structure overlapping a 10'(ten foot) utility easement by 0.23' to 1.72' on Lot 2A and part of Lot 3A, Amended Plat of Calder Woods (6755 Phelan Boulevard). 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 Page 1 of 4 EXHIBIT "A" 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 water line should ever develop a leak or due to any operations, work or repairs to the Licensor main by Licensor crews. The Licensor shall not be responsible for the repair and replacement of any paving, landscaping or any 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. 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 5260 Fairmont Drive, Beaumont, Texas 77706. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of 52015. LICENSOR: CITY OF BEAUMONT By: KYLE HAYES CITY MANAGER LICENSEE: 03 Page 3 of 4 MARK FERTITTA MADISON PLAZA, LP WTS)-WESIVAIswelrl901 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 JEFFERSON X This instrument was acknowledged before me on the day of 2015, by Mark Fertitta, of Madison Plaza, LP. City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, Texas 77704 Notary Public, State of Texas Page 4 of 4 IV- u..slru�zra GA'O"tA,ONE/ 15' REAR SETBACK - PER CTTY ORDINANCE 10' UTILITY EASEMENT PER PLAT %1� r nye fwa �t R z- \ r / r A'ry 1 1D,1935SO. FEET BLDG. /l r p„ ie�rv..un • ENCROACHMENT DETAIL "A" BUILDING WALL 15' REAR SETBACK - PER CITY ORDINANCE 10' UTILITY EASEMENT PER PLAT 1� E'0EaW?G JOt-�1�G N ENCROACHMENT DETAIL "C" 15' REAR SETBACK I COV. PER CITY ORDINANCE AC _ L ---- ENCROACHMENT DET.B" BUILD 10 UTILITY EASEMENT L'1 WALL PER PLAT 1�BUILDINI rn WALL \ o / O' 97-9724977 X03. 91C. M� TW 1 X W -_: Bf - - - - - - - -%- - - w - - - MARK W. WHITELEY AND ASSOCIATES SEE DETAIL'A' / / 23,282.9 SFE DETAIL ^B' SO. FEET BLDG. . SEE DETAIL 'C j INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS® —7/ p 14 Y 8Q _-¢________________aa__aa i a a .. ___________a__ a a I F� I "c a 'I T.B.P.L.S. FIRM NO. 10108700 TEI(A9 REG. ENG. F0 E N0. F-2833 W. P. 0. BOX 5492 3250 EASfE1( FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT. TOMS 77703 409-892-0421 (FAX) 409-892-1348 dt / FND 3.190LA5RES """ c o.s arra "d MADISON PLAZA, L.P. LICENSE TO ENCROACH EXHIBIT 3.1906 ACRE TRACT OR PARCEL OF LAND ALL OF LOT 2A AND OUT OF AND PART OF LOT 3 AMENDED PLAT OF CALDER WOODS ml- ; ;°°n' VOLUME 17, PAGE 280, MAP RECORDS C. WILLIAMS SURVEY, ABSTRACT NO. 59 PHELAN BOULEVARD BEAUMONT, JEFFERSON COUNTY, TEXAS DR BY: KLK CK Bf: TSR APP BY: TSR VER: ACRD 2015 SCALE: SHEET NO: DATE' NOV. a 2015 1 "=80' 1 OF 1 JOB NO. W:\2015\15-12112\ REV. o-imx-norr— 15 -1282 -EXHIBIT LEGAL ALEOWG 0 M� TW 1 X W IIY�IYi�lY1��lu�lY�1�1�10'In ,� ��: 2015041382 & . 1X610-OWT.-M COUNTY OF JEFFERSON LICENSE TO ENCROACH 0 X ALL MEN BY THESE PRESENTS: On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Madison Plaza, LP, 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 one (1) structure overlapping a 10'(ten foot) utility easement by 0.23' to 1.72' on Lot 2A and part of Lot 3A, Amended Plat of Calder Woods (6755 Phelan Boulevard). 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 Page 1 of 4 ! t 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 water line should ever develop a leak or due to any operations, work or repairs to the Licensor main by Licensor crews. The Licensor shall not be responsible for the repair and replacement of any paving, landscaping or any 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. 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 P. O. Box 20755, Beaumont, Texas 77720. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the 2_ day of rO4-6i* 6M— 32015. LICENSOR: CITY OF BEAUMONT By: KYLE HAYES CITY MANAGER LICENSEE: M. DON SHAVER MADISON PLAZA, LP Page 3 of 4 STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENTS M X This instrument was acknowledged before me on the iK day of ,Qg f,4,,4.,4,f , 2015, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. ANGELA MARIE THOMAS My Commission Expires ' December 7, 2016 \�tf fN STATE OF TEXAS X COUNTY OF JEFFERSON X Notary Public, State of Texas This instrument was acknowledged before me on tho49LAay of , 2015, by Don Shaver, 0of Madison Plaza, LP. City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, Texas 77704 Page 4 of 4 Notary Pu c, State of Texas �AylNlfliflllf �p1dY fill �Ii S: •°�D>�. °°� �p ENCROACHMENT aw.<t a DETAIL "C" au a iaani iv'� , ENCROACHMENT In U NeI DETAIL "4" I CDV. 15' REAR SETBACK PER CITY ORDINANCE AC L --- NgNUE 15' REAR SETBACK ENCROACHMENT GALDE�A PER CITY ORDINANCE DET B" BUILDING - - -- ------ — — 10' UTILITY EASEMENT N WALL 15' REAR SETBACK PER PLAT o PER CITY ORDINANCE 10' UTILITY EASEMENT N BUWIALL - -- ----- \ PER PLAT \ \\ 10' UTILITY EASEMENT BU1NIlADLILNG PER PLAT o \ Of ptyz ROAMER OF ACRES �NQEU I,10p0 0 EIOCKNER R�EDpk]iJENf SERACFS, INC. \ \ gQ,sEyO 1R pG•Za CF NO. 97-97R4977 \ qT J�V MQ�C DRWC \� Tit y��ry _ /1' t fY tC wtE ti9 fASAfFMf t@®EN'— RI i R f4 •1C _ SaaW EnRa1 D5 S!50*441 410. �"GUE Q1VM '", • ® � � �£ � 1 .itv nYm fflu NITIIIZI atr ITT N'T O 9S 1®Wd �� SQ mIDEtE — �r w�; - - - - - - - - - - - - - - - - - MARK W. WHITELEY AND ASSOCIATES I SEE DEAL -A• SEE DEWL 'S' SEE DETAIL •C• INCORPORATED j ® / i 23,2829 SAD. FEE BLDG. / CONSULTING ENGINEERS, / I SURVEYORS, AND PLANNERS T.H.P.L.S. FIRM N0. 10108700 10,793.5 S0. FEET BLDG.----m-L3---------------a-- nn W m / _ TEXAS REG. ENG. FIRM N0. F-2893 i--a------------- q�„�„°',,, Al � dp I 3� P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 . a` b 409-892-0421 (FAX) 409-892-1346 i / p FND 3.1906 ACRES i a inn9°tmxi 4 ® e�YC 616�+,tOY MADISON PLAZA, L.P. ' .ttn:s a LICENSE TO / ENCROACH �d c� EXHIBIT 3.1906 ACRE TRACT OR PARCEL OF LAND j - - -I- - r - g T - -- -I LL OI: LOT 2A AND OUT OF AND PART OF LOT 3) N4 scc- - �r a��.ss a yt .>rtm N nr� I� °4� I AMENDED PLAT OF CALDER WOODS L - ��M};;'II ;� • .m c, VOLUME 17, PAGE 280, MAP RECORDS 1C® C L ' MII MII C. WILLIAMS SURVEY, ABSTRACT NO. 59 „a PHELAN BOULEVARD BEAUMONT, JEFFERSON COUNTY, TEXAS FND N65'14'25� '1Qe.�� DR BY: KU( CK BY: TSR AP P BY: TSR laaM VER: ACAD 2015 SCALE: SHEET NO: DATE: NOV. 6, 2015 1 =80' 1 OF 1 JOB NO. W:\2015\15-1282\ 1 REV. 5-12a2-E1HBFrr LEGMAL 51Z 15-1282-EXHIBIT LEGAL SIZE.DWG 0