HomeMy WebLinkAboutRES 24-175RESOLUTION NO, 24-175
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS, Fish Camp Properties Beaumont Inc., has requested that the City of
Beaumont grant a License to Encroach into a City right of right-of-way, which is described as
being three (3) existing structures located at 5535 Calder Avenue encroaching onto a ten (10')
feet utility easement on Lot 3, Bloch 11, Caldwood Addition, 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 encroachment upon the City's easement and utilities therein; and,
time;
WHEREAS, it appears that it would be equitable to allow such encroachment 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 Fish Camp Properties Beaumont Inc., to encroach into the City right-of-way which is
described as being three (3) existing structures located at 5535 Calder Avenue encroaching onto
a ten (10') feet utility easement on Lot 3, Block 11, Caldwood Addition, 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 Government Code, Chapter 551.
2024.
PASSED BY THE CITY COUNCIL of the City of B
this the 30th day of July,
- Mayor Roy West -
LICENSE TO ENCROACH
STATE OF TEXAS
ALL MEN BY THESE PRESENTS.
COUNTY OF JEFFE16ON
On the (late last indicated below, the CITY OF BEAUMONT, a municipal corporatioll,
of Beaumont, Jeffuson Coutity, Texas, herein called "Licemsor" and FISH CAMP
PROPEwrII!,S BEAUMONT INC., it Texas corporation, hereinafter called "Licensee",
contracted and agreed as set forth herein.
Liceitsce desires a license from Licensor to use that real property (tile subject of this
license agreement) described as follows:
Said encroachment being existing commercial structures overlapping 9.72' to 10'
onto it ten feet (10') sewer lime easement on Lot 3, Bloch 11, Caldwood Addition
(5535 Calder Avenue). Saticl encroachment is shown opt E thibit "A", attached,
Subject property may continue to be occupied and used by Licensee solely in connection
With the oxistiilg structures and for ineidental purposes related thereto during the term of this
license or 1115til 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 improvenieltt of a structure,
(lie cost of which equals or exceeds twenty-five percent (25%) of the; market value of the
slructtti•e cithen (1)•before the improvement or repair is started; or (2) if the structure has been
damaged wind is being restored, before the damage occurred. For the purposes of this dernition,
"substalltial improvement" is Considered to occur when the first alteration of any portion of the
stnictuve commences, whether or not that alteration affects the external dimensions of the
structure. The term does not, however, include ally projects or improvements of a structure to
comply with existing state al' local health, sanitary, or safety code specificatioats which are solely
necessary to protect the health, safety and welfare of the public, inhabitants, or users of such
streacturc.
In the event the City of Beaumont, by resolution of the City Council, dclormil s it ]seeds
tine subject property, or any part thereof, t'or (tie 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
ValelC Of pa'Opel'ty taken, damage to the abutting or remaining property or improvement, loss of
Papa 1 of 3
business or profit, loss of access, or otherwise,
Licelism shall at all times indemnify and hole] harmless Licensor and ally franchised
entity of licusor against, and pay ill fill], for all claims, losses, daulages, law suits, attorney's
fees, Costs, jlidgemen(s or expellses, that Llcelisor and tiny franchised entity of Licensor may
sustain, incur, be required to pay or become liable for, i-miltlig in any manse►' from the
Constructioll, malllteliallco, rise, SWIC Of ]'clad', Or 1)l'CSeliCe Of St1C11 e1l0rOftCliing Strt1CILIM
Licensor, and any fratchised entity of Licensor, reserves the right to slake improvements,
Perform maiil(elialice alid Cons(rudion to the right-of-way or premises covered by this license
where Stich is deemed necessary for the health, welfal'e and safety of the Coliimurlity. Ill cloillg
so, Licensor and any franellised entity of Licensor sliall not be liable to Licensce for ally damage
occasioned thereby and Licensee Shall not be entitled to prosecute of maintain a claim aga►tlst
such parties for any such damage sustained by Liceusce to said encroaching structure or any
abUttilig or attached strLIClures, improvements or laced caused by (lie removal or alteration of ally
encroachment. fn additioli, Licensee shall reimburse Licensor and any franchised entity of
Lieetisor any additional costs resulting from the encroachment.
Licensor, and ally franchised entity of Licensor, will not be responsible for any damage to
the existing structure if (lie Salutary sewer slain should ever develop a cavity or clue to any
repairs to the main sower by the Licensor, find ally franchised entity of Licensor.
L,icetisee shall not permit trees, shrubs, plants, or any object to be placed on the subject
property ill such a manner as to obstruct file view of traffic.
As part of the considevation for this agreeinent, Licensee shall pay to Licensor the suet of
Five Hundred Dollars ($500.00). Said suns being waived.
This licelise sliall be recorded in the Real Property Records ill (lie Office of the County
Clerk of hfferson Comity, Texas by Licensor.
This agreement is terminable by either Marty by giving written notice to the other
specifying (lie (late of termination. Said notice shall be given not less that thirly (30) clays prior
to the termination date, thercili specified, and sliall be recorded in the Real Property Records in
the Office of the County Clerk of.Iefferson County, Texas by Licensor.
This licetise is neither assignable nor transferable except in conjunction with, and as part
of) Licensee's conveyance of all (lie abutting property this license serves, throLlgh probate 01'
wilrranty deed or (case. Ili filly such evotit, Licensor shall be notified ot` such occurrence by
being delivered a copy of the dOCLI►Bent or dacunlents conveying or leasilig the sauio.
Ally notice to Limisor shall be stiffloient if it is mailed or ]land delivered to (lie Office of
the City Digi wer, City of Beaumont, P.O. Box 3827, Beaumo€it, 'Texas 77704. Any notice to
Licensee or their successors sliall be sufficient if mailed or liatid delivered to Property Owner at
2590 Gkidys Street, Beaumont, Texas 77702.
Page 2 of 3
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the clay of
LICENSOR
City of Bemnll11ont
By:
Name: Kenneth It, Willi8nis
Title; City Manager
STATE OF TEXAS
COUNTY OF J1✓`I<FERSON
2024.
LICENSEE
Fish Camp Properties Beaumont Inc,
By;
Nance: Ricky artinez
Title: Owner
ACKNOWLEDGMENTS
This instrument was acknowledged before me on the clay of ,
2024, by Kenneth R. Williams, City Manager of the City of Beaumont, a municipal corporation,
on behalf of said corporation.
N0(ary Public, Statc of Texas
STATE OF TEXAS §
S
COUNTY 0I7 JEFFERSON
this instrument was acknowledged before mo on the l ,,�k clay of 41(1mn,
by Ricky Martinez, Owner of Fish Camp Properties Beaumont Inc., a Texas co poration
on behalf ofsaid corporation.
ita'ryAtib7i�,4SI,att�
Wri, 'URN TO: stirp�
chy or RmI1111011t o� e� B MICHELLE COOPER
r r Notilry IDi xpi
Antoll�elte I-inrcly - Lingi41ee1-i►1g My Commission
EEwxplros
P.O. Box 3827 ''rorsE" February t, 2025
Bminnont, 'Texas 77704
Page 3 of .1
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