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Home My WebLink AboutRES 22-159RESOLUTION NO. 22-159 WHEREAS, Joseph Henderson, Jr. has requested that the City of Beaumont grant a License to Encroach into one (1) twenty foot (20') utility easement at 9260 Meadowbend Drive, which is described as being in Lot 19, Block 4 of Evangeline Meadow Unit II to the City of Beaumont. The encroachment being one (1) existing structure overlapping 5.6' into the twenty foot (20') utility easement as described in Exhibit "1," 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: i THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the Interim City Manager be and he is hereby authorized to execute a License to Encroach with Joseph Henderson, Jr. to encroach into one (1) twenty foot i (20') utility easement at 9260 Meadowbend Drive, which is described as being in Lot 19, Block 4 of Evangeline Meadow Unit II to the City of Beaumont. The encroachment being one (1) existing structure overlapping 5.6' into the twenty foot (20') utility easement, as described in Exhibit "1," attached hereto and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June, 2022. at, � Robin- Mayor LICENSE TO ENCROACH STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Joseph Henderson, Jr., 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 an existing structure encroaching 5.6' onto.a 20' (twenty foot) utility easement on Lot 19, Block 4 of Evangeline Meadow Unit Il (9260 Meadowbend 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 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 theevent the City of Beaumont, by resolution of the City Council, determines it needs the subject properly, 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. Pap I of 4 EXHIBIT "1" 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. Licensor and any franchised entity of licensor will accept no responsibility for damage to the encroachments both present and future. In -addition, the Licensee shall be liable for any additional costs incurred by franchised entity of licensor during construction and/or maintenance of its facilities due to the existence of the encroachment situated on the property. 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 Page 2 of 4 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 Property Owner at 9260 Meadowbend Drive, Beaumont, Texas 77706. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2022. LICENSOR: CITY OF BEAUMONT By: Chris Boone, Interim City Manager Page 3 of 4 LICENSEE: By: /z;,ei� Andrew L. Caldera, Power of Attorney for Joseph Henderson, Jr. ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of , 2022, by Chris Boone, Interim City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE. OF TEXAS § COUNTY OF �r 4, § This instrument was acknowledged before me on the /S?^ day of J&A*C 2022, by Andrew L. Caldera as power of attorney for Joseph Henderson, Jr. RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, Texas 77704 Page 4 oN • 1• • • CLIFMI:.IFRMY C. YOUNG AND .YRMA-A. YOLING G.F. 470. 2on917fio _ EVANGELINE MEADOW VM. M. PC. 12. LUU.C. B L O C K 4 LO_T_S_3__ FEIK£ F031-"C — — — (CALLED 5 55'o)'20' E MOD) — — — rntCE rLDIVIG MR corilft S 55111'26" E 50.09 Aran comlErt row I-IME l:1TfID FROCFs LUIITIES 5.2 7P3 u 10' Cali nDi 40 ❑ - ~' row DEG: fs.3 LOT 20 LOT19 _ LOT 16 1P.S Kr. --- (� C I 4 g •- IXIE :TD2Y DRIC1: o W n RESIMUCE Olt SL/A AC to 7, to 1<A CJt4ItCD CO o IU 90 ti A L - SEIDACK LCE u COVIR TE DIi1VE �^ I 'f (CALLED It 35-01'20" rl 6R00) H 55'OTIO' W 60.03 I{ 55'Ol'2D' l'! S ull (CALLED 11 55'0I'20- ST G0.pD) racrD f/2' rtxc D 1/2' (DAsis or DEAram s) �rtw to 1/Y moat Poo MM., Rm 9200 MEAD0WDEND-.DRIVE mot ROD oEscmPl=l DF' S iMCES KMIESILD: 1 OCATE roi,,kER5 E!g) SHOT! MIPROVF►S ul,— SURVLYDa•S CERIRCAUM: 1 OD UCREGY CERIffY,'10 ME CEST O: LII^MMMEDGC AI:D DEUEF, MAY IIRS IS 91 ACCURIME PLO Dr A SURWY ARD REPORT LADE DU I11C CR M-1) ORDER LIT SUPERIA9M. SHDt':t(C ALL 11MD'IiYGITS Ald) At1Y MULE EnCRDAOnfElfl : AS DF SFPTr:T40ER 23. i0D9 WE ADDTE WZT DSX:G LOCr,IED Al 9760 LIPADOWDEND DRIVE t2E' %UMO`JT. 7f~ 'A5 7770r. AILD MUM DESCRIFED AS LOT 19, IN BLOCK 4, OF EVAHGELINI {EADOW UNIT II AS T'.CCRI(IED nt YDLUIff14_. PAGE qq R 1tIL. ISAp RELT75D$ DFi)E1-1'FRSq.Lc4Am1Y, TEYAS. . Cf ACCoaDAME 1.1119 TIE FL06a CrAnAll= RAZE LAP, I'MMAL EUFltrf_ItC1' UA:IAGE000T ACG:GY, WALORMY-PAREL 11D. 43,5457 00.50 D. OAICD i1-19-D3, T PrVERIY LIES MUSE 2IX4 GOIM. LDCATIAf D:t LTAP 11blaC1ucc, DY SCALE. ACIUAL FIELD ELLIATIM RUT'DCIr1Ut11SD. MLESS REOUESTEU. F1172: L• 51xPuM. 9T. DOES TIOT L':AtMAIIT #Mr 5UDSM[tr l0 11E ACCUaACI' CCt SCALE Of SAID UAP. FLOOD. ZONE (F.E.M.A_) Y. CENSUS TRACT S.QL REVf = �1srFRfi6s , 1PALTER J. KSIAZEK REGISTERED PROFESSIOMAL L' dD SU(tVEV 110. 5321 DATE: n-23-09 WAC,7E R d. K731AZrK) . FIELD INC. GOOK NO.: 09-03 Cbtivilifthl4ircersondLandSTm pmc % J08. 120:69DU4A1?9 T405 CORNERSTONE COURT BEAUMONT. TEXAS 409 32-723(1 FAY, 409)932-7303 ssTr `"c.i IIIIIIIIIIIIIIII III III III sic s 2022022659 LICENSE TO ENCROACH STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: •CK li�Mll`Z•��Y•�I On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Joseph Henderson, Jr., 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 an existing structure encroaching 5.6' onto a 20' (twenty foot) utility easement on Lot 19, Block 4 of Evangeline Meadow Unit H (9260 Meadowbend 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 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 business or profit, loss of access, or otherwise. Pagel of4 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. Licensor and any franchised entity of licensor will accept no responsibility for damage to the encroachments both present and future. In addition, the Licensee shall be liable for any additional costs incurred by franchised entity of licensor during construction and/or maintenance of its facilities due to the existence of the encroachment situated on the property. 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 Page 2 of 4 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 Property Owner at 9260 Meadowbend Drive, Beaumont, Texas 77706. �{ IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the / , day of 2022. LICENSOR: CITY OF BEAUMONT By: �� 1--______ Chris Boone, Interim City Manager LICENSEE: By: Andrew L. Caldera, Power of Attorney for Joseph Henderson, Jr. Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on theJgj%ay of o , 2022, by Chris Boone, Interim City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. WEPMNEGANDY :' My WAy�,20 4oPdubalicf_StUate xas Notary iD 126929 Q00 STATE OF TEXAS § COUNTY OF'_ �y(Q�, § This instrument was acknowledged before me on the /S._ day of Y&A*C 2022, by Andrew L. Caldera as power of attorney for Joseph Henderson, Jr. RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, Texas 77704 Page 4 of 4 IVL . , 'W"Wj L 1W TO CLIENT: JEREMY C, YOUNG AND JENNA A. YOUNG G.F. NO. 20091766 EVANGELINE MEADOW VOL 14. PG. 12. I.I.R.4C. BL0CI<4 LOT 13_ FENCE FOOTING (CALLED S 55'01'20' E 60.00) FENCE FOOTING FOR CORNER 1 I S 55'0PP 1'20" E 59.98 FOR CORNER f nrooD4'�9' WCKS EASEMENT 20Z 10' EACH SIDE oLOT 20 Q 53 LOT 18 10.5 14.6 L 0 C q g o 1n ONE STORY BRICK 117 •- o •- w AC RESIDENCE ON SLAB o ❑ e 0 M7 14.2 ... 0 CO D 1d0 r1 cn 0 10 0 C A L N -_-- 20.4 5.3 25' BUILOINC __ • — — SETBACK LINE CONCRETE DRIVE •• i1 N (CALLED N 55-01'20- W 60.00) v. N 55'01'10" W 60.03 �: °' N 55'01 20' W 59.98 N.FOUND (CALLED N 55'01'20' W 60.00) 'FOUND 1/2' FOUND 1/2- (BASIS OF BEARINGS) 1/2" IRON ROD IRON ROD 9260 MEEADOWBEND DRItTE IRON ROD DESCRIPTION OF SERVICES REQUESTED: LOCATE CORNERS AND SHOW IMPROVEMENTS SURVEYOR'S CERTIFICATION: 1 00 HEREBY CERTIFY, TO THE BEST OF MY KNO1iLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY AND REPORT MADE ON THE GROUND UNDER MY SUPERVISION, SHOVANG ALL IMPROVEMENTS AND ANY VISIBLE ENCROACHMENTS. AS OF_SEPTEMBER 23, 2009 THE ABOVE TRACT BEING LOCATED AT 9260 MEADOWBEND DRIVE BEAUMONT TEXAS 77706 AND BEING DESCRIBED As _ LOT 19, IN BLOCK 4. OF EVANGELINE MEADOW UNIT II AS RECORDED IN VOLUME 14 , PAGE 44OF THE MAP RECORDS OF JEFFERSON COUNTY, TEXAS. IN ACCORDANCE IM THE FLOOD INSURANCE RATE MAP. FEDERAL EMERGENCY MANAGEMENT AGENCY, COMMUNITY -PANEL NO. 485457 0050 D DATED 11-19-03. THIS PROPERTY LIES IN THE ZGNC NOTED. LOCATION ON MAP DETERMINED BY SCALE. ACTUAL FIELD ELEVATION NOT DETERMINED. UNLESS REQUESTED. FITTZ & SHIPMAN. INC. DOES NOT WARRANT NOR SUBSCRIBE TO THE ACCURACY OR SCALE OF SAID MAP. FLOOD ZONE (F.E.M.A.) X CENSUS TRACT 3.05 WALTER J. KSIAZEK REGISTERED PROFESSIONAL L D SURVEYO NO. 5321 �to f r't. -N o°gL`�G1jRFGeR�' a An DATE: 9-23-09 iFIELD BOOK NO.: 09-08 JOB NO.: pg00A,0129 r'l'J�11�1r,��e&3E6 L'l l' pffnCSKSL'! Ll C�y(�6:a �1 tlWl1��1JUU ConmlftD7gineemand Sun4�prs INC 1405 CORNERSTONE COURT BEAUMONT, TEXAS 409 832-7238 FAX 409 832-7303 JMw WAI.Y�R J. K81AZF,1C o 83121 „, 1 °° , 69101 l9�o9llCi°��e FILED AND RECORDED OFFICIAL PUBLIC RECORDS -41 Laurie Leister, County Clerk Jefferson County, Texas June 30, 2022 12:43:49 PM FEE: $42.00 2022022659