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HomeMy WebLinkAboutRES 23-083RESOLUTION NO. 23-083 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, James and Cathleen Chavez have requested that the City of Beaumont grant a License to Encroach into a City right-of-way, which is described as being two (2) structures located at 1215 19th Street encroaching onto a ten -foot (10') utility easement in Lot 1, Block 24, Calder Place Addition, to the City of Beaumont. The brick shed encroaches 5.5' to 6.3' and the pool deck encroaches 0.4' to 1.8' onto the 10' utility easement, as described in Exhibit "A," 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 James and Cathleen Chavez to encroach into a City right-of-way which is described as being two (2) structures located at 1215 19th Street encroaching onto a ten -foot (10') utility easement in Lot 1, Block 24, Calder Place Addition, to the City of Beaumont, as described in Exhibit "A," 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 21st day of March, 2023. - Mayor Robin Mouton - LICENSE TO ENCROACH STATE OF TEXAS § § ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § On the date last indicated below, the City of l?eaullnont, a nlu nicipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and dankes Fund Cathleen Chavez, owners, hereinafter called "Licensee", contracted and agreed as set forth herela, Licensee desires a license front Licensor to use. that rcal property (tile subject of this license agrecinent) described as follows: Said encroachment being a brick shed. encroaches 5.5' to 6.3' and the pool deek encroaches 0.4' to 1.8' onto the 10' rttility easement in and part of Lot 1, Block 24, Calder Place Addition (1215 19tn Street). Said encroachment is shown on Exhibit "A", attached. Subject property May continue to be occupied and used by Licensee solely in connectloll with the existing structures and for incideirtal purposes related thereto during the term of this license or until ter•nuination thereof. Said license shall termitaate upon removal or demolition of said encroaclunent. Substantial improvements shall not be inade -upon any encroaclunent without first obtaining the written consent of Licensor and giving notice to Licensor in writing of flow, when anti to what extent siren improvements are to be unlade, A copy of this license shall be allacl-ed to such notice, Substantial improvenu.ent lmlcans 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 dal -aged 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 stcuuctme conlinences, whether or not that alteration affects the external di►llansiom of the structure. The term does not, however, include any projects or iinproven-tents of a structure to comply with existing state or local health, sariitary, 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 pact thereof, for the benefit of the City or to protect the health, safety or welfare of trio public, auld it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaun-iont shall not be liable therefore, whether for the, value of property taken, damage to the abutting or remaining property or improvement, loss of b-isiness or profit, loss of access, or otherwise. Pago i of 4 EXHIBIT "A" The City Utility Administration and Spectrum approved the license to encroach with the following conditions: The City of Beaumont will not be responsible for any damages to the, structure (brick shed and pool deck) if the sewer mains should ever develop a cavity or due to any repairs to the City mains by City crews or contractor crews hired by the City. The City of Beaumont shall not be responsible for the repair and repla=ment of the brick she([ and pool deck or other structures within the E asenlent property. Spectrum will not be responsible for any cost associated with the repair, construction or replacement of cable or optical fiber in the easement. The properly owner will be responsible for any replat. Licensee shall at all tinges indemnify and hold hannless Licensor and any franchised entity of licensor against, and pay in Rill, for all claims, losses, dainages, 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 inanner from file construction, maintenance, rase, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make, improvements, perform-i 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 conununity, Xn doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any darnage occasioned thereby and Licensee shall not be entitled to prosecute or i-naintain a china 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 eneroaelunent. 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 stmetures 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, fn 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 hart of the, consideration fox this agreement, Licensee shall pay to Licensor the suns of Five Hundred Dollars ($500.00). Said sung being non--refinndable. Page 2 of d This license shall be recorded ill t.1ae Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreeincnt is ternninable by either party by giving written notice to the other specifying the date of terminatiort. Said notice shall be givers not less than thirty (30) days prior to the tennination date, thereln specified, and shall be recorded in the Real Property Records in the Office of the Comity Cleric of Jefferson County, Texas by Licensor. ]'his 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 occurmAce by being delivered a copy of the doctux-Legit or domn-cents corweying 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 Beatunont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hales delivered to Property Owner at 1215 191h Street, Beaumont, Texas 77706. IN WITNESS, WJ-IEREOF, the parties hereto have executed this agreement as of the day of , 2023, LICENSOR: LICENSEE: CITY Or BE, AUMONT By: - - By Kenneth R. Williams, City Manager James Chavez By, Cathleen Chavez { DITENTIONALI Y LEp'T BT,r1iNK) Pup 3 of ACKNOWLEDGMENTS STATE OF TEXAS § § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of , 2023, by Kenneth R. Williams, 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 JEFFERSON § This instrument was acknowledged before me on the r day of 2023, by James Chavez, Notary Public, State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § This instruntent was acknowledged before nee on the day of 2023, by Cathleen Chavez, RETURN TO: City of BoaUmmnt Antoinette Hardy - Engineering P, O, Box 3827 Beaumont, Texas 77704 Notary Public, State of `.Texas Page 4 of 4 Lot 4 t CalderPloco*hddlffon Lot 3 Vol a Pg 211 Block 34 hiRder Block 34 car IkN 03'50'14" W 10.B5' N 02'42b2" W 110,20' ! Overhead------,, Electric — — — SSI,IH carport 20' X 5, V 12.10 o brick shed 0 0 .5, pool 4 (under Cone Ii o o construction) U Drive 1 N 1 23.5' N �, ate' 0,0' f h `4 a 15,67.2' � a 1Ya o °�° Single —Sly. 6� Residence N �•r 1215 19th street j 4,7' 5' 4.3' 221.,B L. }5.6' S 9, v. 35' B,S.L. 3a.4' S 03'04148" € �icTs'ting !0' Utfiliy 6'asamertt—� ------------- Lot 2 Block 24 Found 5/0" Rod N. }3977236.711 E. 350527f.06 o - Found 5/ti" Rod I 1 C7 (unless noted afherwise) 19th Street (60' 197do Public Roadway) SCALE. } " = 30' PREPARED EXCLUSIVELY FOR: James Chavez 1, Scott N, Brackln, Texas Rogistorod Profoesionat Land Surveyor No. 6650, do horoby certify that 1 have mado a survey on the ground of the property shown hereon, and that ilia survey is true and correct to the best of my knowledge and beflef. Survey Dated: 1110312022. The subject tract being located at: 1215 19th Street, Beaumont, Texas, 77706 and being described as; Lot 1, Block 24 of the Calder Place Addition raoordod in Volume: 07 Pogo. 180 of the Map Records of Jefferson County, Texas Surveyor's Notes. (1) This survey was completed without the benefit of a title commitment, and not ail easements or servitudes, whether of record or not, were researched at the Ilmo of this survey or shown hereon. (2) Ail bearings are grid, based an the Texas Coordlnato System of 1983 (HAM), Scuth Central Zone, (3) This property appears to Ito within "Flood zone X , according to MIA's FIRM No. 4854570036C, 06/0612002. (4) Thera are exisling encroachments Into a 10' utility easement that runs along the west line of the subject property. This plat was prepared for the purposes of applying for a license to encroach into sold 005omont, An accessory building (brick shed) encroaches by 5.5--6.3 and the pool dock encroaches by 0.4 —1.B as shown. S7;Scott N. Bnackfn RegteEorod Profassfonaf Land Surveyor No. 6650 RICH WITIi ()XI Pt)nTC7NX ff IIEAUl�i(IN* Application forLicense to �neroach I � Lry A S !.0 City o,� Beauniornt, Texas • � � X. .NAME OF APPLICANT: 1 ►"jGYI'� J'� v tti� - Gt ti �� �ur�r �l` ADDRE,S8: 2,5' o�, UpFk, ► +,Tk PRONE: (td32,'Z 2. AUTHORITY OF APPLICANT:aw.x 3. NAME OF OWNER; '0I3I2ESS-. (7-t 5' 1 J w S "Y' aA�, TX PHONE: ('-I0'1) 3$- I "1q 39 LEGAL DBSCi21P'PX0N Or` OWNER'S PROPERTY (Lots, Blocks, Subdivision) �{ TORE SERVE D 13Y EASE ME, Of�',A`S NT Olt 1;9GE(T-OF- .' !" &P 1' a 4- l / V -tit, 2 4 4 C a 1 att r Ple- f �, G� d #'4 1 o t& 44,%t C 4.X.4 4. DESCRIPTION OF EASEMENT OR RIGHT-OF-WA.X INVOLVED: 10' U+11314-y eAsemr-LA4 alatn 44 wo -' like, oC t-o+ It pto'.k 2q 5. PRE' SE TJSE OF EASEMENT OR RIGHT -OF( -WAX (List TTtilitfes if Prese)tt): atr�t��o[ C��.c Y'iGal oAA?A4A,1v,y,-Ae Q k+1 6. USY trOl+ EASEMENT OR RIGI f-OI- WAY )DESIRED -A )BY OWNER. T. atlP W ek'5fl bnj �. 5)"J &V'J do[ 04 '4w1%M" tici 7. ,ATTACH A MAIL' OR PLAT DELINEATING THE EASEMENT OR PUBLTC RIGHT-OF-WAY (Dimensioned and to Enginee g Scale). PLEASE'; INCLUDE ALL PERTINENT INFORMATION ON THE MAP; i. Distances from edge of pavement or back of curb ii. Street naines and nearest cross streets zit Side of the sheet [cast, we$(, north, MAN S. COST TO BY PAID FOR LICE' NSE TO 1:NCROACH AT TIME APPLICATION IS 8UBNIIT'I`)@D - $500 SAID COST BEING NON -RE, FUNDABLE. TO THE PEST OF NIX KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND COI2RI<aCT. �.�'Z�� SIGNATURE TEXAS February 21, 2023 * CERTIFICATE * ACCESS SURVEYORS 11025 OLD VOTH ROAD BEAUMONTTX 77713 RE, tteplat of Lot 1, Block 24 and Lot 4, Blocl(34, Calder Place Addition Into Lot 2A, Blocl(24 and Lot4A, Block 84, Calder Place Addition, Beaumont, Jefferson County, Texas To Whom It May Concern; Please be informed that at the meeting of February 20, 2023 the Manning Commission voted to approve the Replat of Lot 1, Block 24 and Lot4, Blocl(34) Calder Place Addition Into Lot JA, Blocl(24 and Lot 4A, Blocl(34, Calder Place Addition, Beaumont, Jefferson County, Texas, filed with the Planning Commission on February 20, 2023, located In an NC (Neighborhood Commercial) District & RM-H (Residential Multiple Famlly—Highest Density) District, with the following conditions. 1, License to encroach shall be required for all structures and/or Improvements within the utility easement. The City's sewer main and manhole must be exposed and able to be accessed by City staff or removal of existing structures from the easement may be satisfactory, 2. No new structures or appurtenances shall be placed within the easement property, The City will not be responsible for any surface restoration when water and/or sanitary sewer repairs are necessary within the City of Beaumont water line or sanitary sewer line easement. 3, All applicable building permits shall be obtained prior to final recordation of the plat. If you need any additional lnfornhation, please do not hesitate to contact the Planning and zoning Department at (409 880- Chalrman he Planning & Zoning Commission Date Sina Nejad i ! z--2- -97 Secretary of the Planning & zoning commission Date Christopher Boone PLANNING & COMMUNITY DEVELOPMENT T 409.880.3100 F 409.880,3110 PO Box 38271 Beaumont, TX 77704 boatimonttexas,gov Charter S:0MMVtliCAI10145 602 North Hivy 69 Nederland, Texas 77627 Fax (409) 727-5050 3/14/23 Lot 1, Blk 24, Calder Place Addition Sub: Easement Encroachment Agreement 1.21.5 1.9th St, Beaumont TX, Jefferson County Regarding the request for the replat of the lot referenced above; Charter /Spectrum does not Object to this request subject to the following conditions and terms: I . Proper officials at the City of Beaumont are notified abort this change, 2. Charter / Spectrum will not be liable for any damages to its facilities, cables or Optical fiber which may be impacted during any construction or maintenance undertaken ill the replat. 3. Charter / Spectrum will not be liable for the cost to repair damages to its facilities, cables or optical fiber which may be damaged during any constriction or maintenance undertaken in the replat. 4. Charter / Spectrum may, from time to time, be required to enter the utility easement and replace facilities, cable or optical fiber located there. Any cost associated with the repair, maintenance, constructions or replacement of Charter / Spectrum's facilities in the easement due to replat would be the sole responsibility of the property owner and not Charter / Spectrum. 5. Charter / Spectrum is not required to move or relocate any facilities located in the utility easement due to the replat. If you have any questions, please give me a call at (409)720-5565. Sincerely, Tent. #th.ellt Construction I�Illllllllllllllllllllil '�` 2023010123 LICENSE TO ENCROACH STATE OF TEXAS § 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 James and Cathleen Chavez, owners, 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 a brick she.41 encroaches 5.5' to 6.3' and the pool deck encroaches 0.4' to 1.8' onto the 10' utility easement in and part of Lot 1, Block 24, Calder Place Addition (1215 19th Street). 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 properly taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Page 1 of 4 The City Utility Administration and Spectrum approved the license to encroach with the following conditions: The City of Beaumont will not be responsible for any damages to the structure (brick shed and pool deck) if the sewer mains should ever develop a cavity or due to any repairs to the City mains by City crews or contractor crews hired by the City. The City of Beaumont shall not be responsible for the repair and replacement of the brick shed and pool deck or other structures within the Easement property. Spectrum will not be responsible for any cost associated with the repair, construction or replacement of cable or optical fiber in the easement. The property owner will be responsible for any replat. 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 ($500.00). Said sum being non-refundable. Page 2 of 4 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 parry 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 Properly 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 Property Owner at 1215 19t' Street, Beaumont, Texas 77706. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2023. LICENSOR: LICENSEE: CITY OF BE AUMONT By: By: Kenneth R. Williams, City Manager C&A A91 Cathleen Chavez {INTENTIONALLY LEFT BLANK) Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on the --eday of k�d 2023, by Kenneth R. Williams, City Manager of the City of Beaumont, a muhicipal corporation, on behalf of said corporation. VIRTUE M. ALEXANDER My Notary ID # 134243905 Expires March 9, 2027 STATE OF TEXAS § COUNTY OF JEFFERSON § Notary Public, State of Texas This instrument was acknowledged before me on the "day of 2023, by James Chavez. LISA WHITE Notary Public, State of Texas Comm. Expires 02-03-2026 .,,,,,, Notary ID 133569137 CNlic, State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the 14�-day of -"I 2023, by Cathleen Chavez. 1Ypn" CRYSTAL GARZA Notary Public, State of Texas "= Comm. Expires 05-13-2023 Notary ID 132009734 RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, Texas 77704 a 11 4tz�) a� Notary Public, State of xas Page 4 of 4 \ 1 I m Lot 4 Calder Place Addition Block 34 Vol 8 Pg 211 Lot 3 MRJCT Block 34 carport or mtl. awning n co N 03'58'14' W 18.88' N 02'42 52' W 80.20' ii Overhead E E E E Exxisting 10' Utility Easement Electric ------- — --------------- SSMH carport 20' X 5.1 ' I 12.0' o brick shed / 0 0 .5' pool 9.3' `r `} (under Conc o o construction) Drive 4 N 23.5' Lot 2 o a � Block 24 2.0' Q � Q 3 N 6.0' h h 11 15.6' 7.2' t a a Walk 3 a Single —Sty. as o � I 6 Residence N Co 1215 19th Street r 1n m 1 cn I N 4.7 1.5 4.3' 22.8' 5.9' L 15.6' 415.1' ro — — — — — — 35' B.S.L. 38.4' �e 3 Found 518' Rod N: 13977236.78 E 3505271.86 S 03'04'48' E 98.82' o Found 518' Rod I I ❑w (unless noted otherwise) 19th Street (60' Wide Public Roadway) SCALE. 1 " = 30' PREPARED EXCLUSIVELY FOR: .lames Chavez 1, Scott N. Brockin, Texas Registered Professional Land Surveyor No. 6650, do hereby certify that I have made a survey on the ground of the property shown hereon, and that the survey is true and correct to the best of my knowledge and belief. Survey Dated: 1110312022. The subject tract being located at: 1215 19th Street, Beaumont, Texas, 77706 and being described as: Lot 1, Block 24 of the Calder Place Addition recorded in Volume: 07 Page: 180 of the Map Records of Jefferson County, Texas Surveyor's Notes: (1) This survey was completed without the benefit of a title commitment, and not all easements or servitudes, whether of record or not, were researched at the time of this survey or shown hereon. (2) All bearings are grid, based on the Texas Coordinate System of 1983 (NAD83), South Central Zone. (3) This property appears to fie within "Flood Zone X , according to FEMAs FIRM No. 4854570035C, 0810612002. (4) There are existing encroachments into a 10' utility easement that runs along the west line of the subject property. This plat was prepared for the purposes of applying for a license to encroach into said easement. An accessory building (brick shed) encroaches by 5.5'-6.3' and the pool deck encroaches by 0.4'-1.8' as shown. �+J CCess Q OFTa. �r IS TEgP 'f,9 s Cp;• � .N .s"l-veYo%s, LLL ........................... N BRACKIN `• 0 6650 Commercial - Industrial - Residential <' 9aaESS��?! O� 11025 Old Voth Road - Beaumont, Texas 77713 SCRV�y Telephone (409) 838-6322 Facsimile 838-6122 www.access-surveyors.com § rpls51630aol.com Scott N. Brockin File: 2022115 Encroach Firm No. 10136400 Technician: TRS (Seal) Registered Professional Land Surveyor No. 6650 TEXAS * CERTIFICATE * February 21, 2023 ACCESS SURVEYORS 11025 OLD VOTH ROAD BEAUMONT TX 77713 RE: Replat of Lot 1, Blocl< 24 and Lot 4, Block 34, Calder Place Addition into Lot 1A, Block 24 and Lot 4A, Block 34, Calder Place Addition, Beaumont, Jefferson County, Texas To Whom It May Concern: Please be informed that at the meeting of February 20, 2023 the Planning Commission voted to approve the Replat of Lot 1, Block 24 and Lot 4, Block 34, Calder Place Addition into Lot 1A, Block 24 and Lot 4A, Block 34, Calder Place Addition, Beaumont, Jefferson County, Texas, filed with the Planning Commission on February 20, 2023, located in an NC (Neighborhood Commercial) District & RM-H (Residential Multiple Family —Highest Density) District, with the following conditions: 1. License to encroach shall be required for all structures and/or improvements within the utility easement. The City's sewer main and manhole must be exposed and able to be accessed by City staff or removal of existing structures from the easement may be satisfactory. 2. No new strictures or appurtenances shall be placed within the easement property. The City will not be responsible for any surface restoration when water and/or sanitary sewer repairs are necessary within the City of Beaumont water line or sanitary sewer line easement. 3. All applicable building permits shall be obtained prior to final recordation of the plat. If you need any additional information, please do not hesitate to contact the Planning and Zoning Department at (409 880- 2 zd 2s Chairman the Planning & Zoning Commission Date Sina Nejad Secretary of the Planning & Zoning Commission Christopher Boone Z2 2� Date PLANNING & COMMUNITY DEVELOPMENT T 409.880.3100 F 409.880.3110 PO Box 3827 1 Beaumont, TX 77704 beau m onttexas.gov Charter C0MMUNICAItONS 602 North Hwy 69 Nederland, Texas 77627 Fax (409) 727-5050 3/14/23 Lot 1, Blk 24, Calder Place Addition Sub: Easement Encroachment Agreement 1215 19th St, Beaumont TX, Jefferson County Regarding the request for the replat of the lot referenced above; Charter /Spectrum does not Object to this request subject to the following conditions and terms: 1. Proper officials at the City of Beaumont are notified about this change. 2. Charter / Spectrum will not be liable for any damages to its facilities, cables or Optical fiber which may be impacted during any construction or maintenance undertaken in the replat. 3. Charter / Spectrum will not be liable for the cost to repair damages to its facilities, cables or optical fiber which may be damaged during any construction or maintenance undertaken in the replat. 4. Charter / Spectrum may, from time to time, be required to enter the utility easement and replace facilities, cable or optical fiber located there. Any cost associated with the repair, maintenance, construction or replacement of Charter / Spectrum's facilities in the easement due to replat would be the sole responsibility of the property owner and not Charter / Spectrum. 5. Charter / Spectrum is not required to move or relocate any facilities located in the utility easement due to the replat. If you have any questions, please give me a call at (409)720-5565. Sincerely, Tee. #eb.e� FILED AND RECORDED Construction OFFICIAL PUBLIC RECORDS Roxanne Acosta-Hellberg, County Clerk Jefferson County, Texas April 18, 2023 12:39:47 PM FEE: $50.00 2023010123