HomeMy WebLinkAboutRES 24-176RESOLUTION NO.24-176
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS, Samuel Vigil 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 an existing metal building
and concrete located at 2165 Sabine Pass encroaching onto a 15' alley in Lot 8, Block 2 of the
Flowers Addition. The metal building and concrete encroaches 4.6' to 14.2' within the alley, 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 encroaclu-nent upon the City's easement and utilities therein; and,
time;
WHEREAS, it appears that it would be equitable to allow such encroaclinient 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 Samuel Vigil to encroach into the City right-of-way which is described as being an existing
metal building and concrete located at 2165 Sabine Pass encroaching onto a 15' alley in Lot 8,
Block 2 of the Flowers Addition, The metal building and concrete encroaches 4.6' to 14.2'
within the alley, 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
connpliance with the Texas Open Meetings Act, Texas Governtrient Code, Chapter 551.
2029.
PASSED BY TIDE CITY COUNCIL of the City of Beaui)lont 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 Samuel Vigil, owner,
hereinafter called "Licensee", contracted and agreed as set forth herein.
Licensee desires a license from Licensor to use that Deal property (the subject of this
license agreement) described as follows:
Said encroachinnent being an existing metal building and concrete overlapping a
15' alley by 4.6' to 14.2', on Lot 8, Block 2, Flowers Addition (2165 Sabine
Pass), 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 encroachnnent 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
swicture, 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
strooturc.
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 improvennent, loss of
business or profit, loss of access, or otherwise.
Page 1 of 3
Licensee shall at all times indemnify and hold harmless Licensor and any franchised
entity of licensor against, and pay in fbll,'for all claims, losses, damages, law suits, attorney's
fees, costs, judgements or expenses, that Licensor and any franchised entity of Licensor iriay
sustain, incur, be required to pay or become liable for, resulting in any manner fron-i 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 reimbuzse 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 clue 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 County
Cleric of Jefferson County, Texas by Licensor.
This agreement is terminable by either panty 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 the termination state, therein specified, and shall be recorded in the Real Property Records in
the Office of the County Cleric 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 shrill 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.n, Box 3827, Beaumont, Texas 77704. Any notice to
Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at
2165 Sabine Pass, Beaumont, Texas 77701.
Pnge 2 of 3
IN WITNESS, WHEREOF, the panties hereto have executed this agreement as of
the _ day of , 2024.
LICENSOR
City of Beaumont
By:
Kenneth R. Williams
City Manager
STATE OF TEXAS
COUNTY OF JEFFERSON
LICENSLL
I3y:
amuel Vigil
ACKNOWLEDGMENTS
This instrument was a6mowledged before me on the day of ,
2024, 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 n-io an the � day of a It
2024, by Samuel Vigil.
RETURN TO:
City of Beaamont
Antoinette Hardy -.Engineering
P. O, Box 3827
Beaumont, Texas 77704
3-11 wu y— Out c �
Notary Public, Stateof Texas
Page 3 oi'3
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;•_ MYN0fW 1D # 130a10452
Expires &pWbor 13, 2024
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