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Home My WebLink AboutRES 24-174RESOLUTION NO. 24-174 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 13EAUMONT: WHEREAS, Eaux Boys & A Girl, LLC, has requested that the City of Beaumont grant a License to Encroach into a City rights of way, which is described as being a property located at 860 Magnolia Street, legally known as Tract 13, Plat Y, of the Noah Tevis Survey, Abstract #52. The encroachments are: a raiup encroaching 7.64 feet and a section of concrete pavement encroaching 2.09 feet into the Magnolia Street right of way and an awning encroaching 5 feet into the Harrison Street right of way, as described in Exhibit "A," attached hereto and made apart hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroaclunent upon the City's casement and utilities therein; and, time; WHEREAS, it appears that it would be equitable to allow such encroaclunent at this 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 Eaux Boys & A Girl, LLC to encroach into the City rights -of -way which is described as being a property located at 860 Magnolia Street, legally known as Tract 13, Plat Y, of the Noah Tevis Survey, Abstract 452. The encroacluuents are: a ramp encroaching 7.64 feet and a section of concrete pavement encroaching 2.09 feet into the Magnolia Street right of way and an awning encroaching 5 feet into the Harrison Street right of way, as described in Exhibit "A," attached hereto and made apart 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 Goveriunent Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of )3eaunlont this the 30th day of July, Mayor Roy West 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 Eaux Boys & A Girl, LLC, a Texas limited liability company, hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (tile subject of this license agreement) described as follows: Said encroachment being a ramp encroaching 7.64' onto Magnolia Street, a portion of concrete encroaching 2.09' onto Magnolia Street and an awning encroaching 5' onto Harrision Street on Tract 13, Plat Y, Noah Tevis Survey, Abstract No. 52 (860 Magnolia Street). Said encroachment is shown on Exhibit "A", attached. Subject property may continue to be occupied and used by Licensee solely ill 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 inade 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 sh•ucture has been damaged and is being restored, before the damage occurred. For the pru'poses 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 oC 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 fine 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 pngo 1 00 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 tunes 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, judgements 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 ropair, 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 suoh 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, and any franchised entity of Licensor, will not be responsible for any damage to the existing structure if the sanitary sewer main should ever develop a cavity or due to any repairs to the main sewer by the Licensor, and any franchised entity of Licensor. 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. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). This license shall be recorded in the Real Property Records in the Office of the Cou;ity Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less that thirty (30) days prior to Lite termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at 325 N. Main Street, Beaumont, Texas 77701. Nip or3 IN T ESS, WHEREOF, t€le parties hereto have executed this agreement as of 7rl the by Of , 2024, LICENSOR City of Beaumont Kenneth R, Williams City Manager STATE OF TEXAS COUNTY OF JEFFERSON LICENSEE Eatix Boys & - Girl, LLC - I By. i Karen Arnold Manager ACKNOWLEDGMENTS This instrument was acknowledged before me o11 the day of , 2024, by Kenneth R, Williams, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Publio, State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the // day of +<� 2024, by Karen Arnold, Manager of Eaux Bays & A Girl, C, a limited liabdf ity coin ally, f5 1 / Ac Notary Public, St, tea Texas RETURN TO: � City of BeaumoFit ��SrY�Pi,ErG DNA K, MCCLENDON Antolmettehardy Lnghmring ti$ ., 11. O. 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