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HomeMy WebLinkAboutRES 24-177RESOLUTION NO, 24-177 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on January 18, 2011, City Council approved Resolution No. 11-028 granting Colburn McClelland a License to Encroach to allow an existing structure overlapping 8.5' into the ten feet (10') utility easement at Willie Burger located at 5535 Calder Avenue; and, WHEREAS, Fish Camp Properties Beaumont Inc,, is the newer owner of the property located at 5535 Calder Avenue formerly Willie Burger and Crown Pizza, and has applied for a building permit to convert the two (2) existing restaurants into one (1) restaurant, Monunla Tia's; and, WHEREAS, upon review of the construction and site plan, it has been determined that further improvements were made to the site after the License to Encroach was filed; and, WHEREAS, administration recomi ends the repeal of Resolution No. 11-028 to allow Fish Camp Properties Beaumont Inc., to apply for a new License to Encroach; 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 repeal Resolution No, 11-028 of a License to Encroach Agreement located at 5535 Calder Avenue, and allow the new owners Fish Camp Properties Beaumont Inc., a License to Encroach. 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 Beaulmont this the 301h day of July, 2024, RESOLUTION NO.11-028 WHEREAS, Colburn McClelland has requested that the City of Beaumont grant a License to Encroach into one (1) utility easement at 5535 Calder Avenue, which is described as being out of Lot 3, Block 11, Caldwood Addition, to the City of Beaumont. The encroachment being an existing residential dwelling overlapping 8.6' into the 10' easement, as described in Exhibit "A" and shown in Exhibit "B," attached hereto and made a part hereof for all purposes; 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 to Colburn McClelland to encroach into one (1) utility easement at 5535 Calder Avenue, which is described as being out of Lot 3, Block 11, Caldwood Addition, to the City of Beaumont. The encroachment being an existing residential dwelling overlapping 8.5' Into the 10' easement, as described in Exhibit "A" and shown In Exhibit "B," attached hereto and made a part hereof for all purposes for a onetime fee of Five Hundred Dollars ($500,00) for the License to Encroach. PASSED BY THE CITY COUNCIL. of the City of Beaumont this the 18th day of ,January, 2011. Mayor gecky Ames LICENSE TO ENCROACIZ STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X. On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and COLBURN MCCLELLAND, 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 commercial dwelling overlapping 10' alley by 8.5', on Lot 3, Block 11, Caldwood Addition (5535 Calder Avenue). 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 Pago 1 00 value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of across, or otherwise. 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, 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 repair, or presence of such encroaching structure. Licensor, and any 'franchised entity of Licensor, reserves the right to mare improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is dccaied 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 ally 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 encroaclunent, In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional Costs resulting £toin 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 considerationfor this agreement, Licensee shall pay to Licensor the slim of Five Hundred Dollars ($500.00). Said sum being waived. 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 tern -minable 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 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 warranty (feed 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 Page 2 of 3 200 W. Caldwood, Beaumont, Texas 77707. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2011 LICENSOR LICENSEE CITY OF BEAUMONT By: By: KYLE HAYES COLBURN MCCLELLAND CITY MANAGER ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2011, by Kyle Mayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF "TEXAS X COUNTY OF JEFFERSON X This instrument was acluiowledged before me on the day of 2011, by RETURN TO: City of Beaumont Antoffiefte Hardy - Engineering t'. O. Box 3827 BeaL1Tn011t, Texas 77704 Notary Public, State of Texas Page 3 of 3 Fittz& 3 ip an INC Coltsulting Engineers and .Laird ,Saiwyors EXHIBIT "A.11, PAGE t OF 2 CCNTrR.ZNE )Dri SCRI PTION FOR A 10' WIDE SANITARY SI+EWER EASEMENT ACROSS A 0,8668 ACRE, TRACT OUT Or CALDWOOD ADDITION XFFERSON COUNTY, TE, XAS JA.NUARY" 4, Z011 Ronald D, Flty, P.E., R.P.L.S. 0948,19V7 Terry G. Sh[pnwn, Chairman of Aoord Billy J, Smith, Jr., President Donald R. King, t}.0 Michdle FalBouy f .L. Waker J. Muck, R.P.L.S, That certain centerline description across a called 0,8668 acre tract out of Caldwood Addition, a plat recorded in Volume 5, Page 14 of the Map Records of Jefferson County, Texas, and being that same called 0,6668 acre tract conveyed to Blue Water Endeavors, LLC as recorded In Clerks File No, 2007024076 of the Official public Records of Jefferson County, Texas, said 0.8668 acres being more particularly described by the courses and distances as follows: t3asis of Bearing Is along the east line of the said 0,8668 acre tract having been celled South 00°30100" West 304.49 feet. CoN1'wNCINo at a 1/2" Iron rod found In the southeasterly right-of-way line of Calder Avenue for the northeast corner of the said 0,8668 acre tract; THENCE South 50°00'38"West along the said southeasterly right-of-way line of Calder Avenue and'the north line of the said 0.8668 acre tract a distance of 17,99 feet (called South 56000'18" West) to the P011117" OP BEGINNING of the said centerline for a 10' Wide sanitary sower easernant from which a 518" iron rod found for the northwest corner of the said 0,8668 acre tract bears South 56°00138" West 182.00 feet (called South 56"00'38" West), THENCE South 00°30'00' East along the said centerline of the 10' wide sanitary sewer easement a distance of 297.32 feet to a point In the northerly right-ofway line of Laurel Avenue and the south line of the said 0.8068 acre tract for the POINT OF TERMINATION of the said centerline for a 10' wide Sanitary sewer easement from whioh a 518" Iron rod found for the southeast corner of the said 0.8668 acre tract bears a chord bearing of North 79°01'42" East and a chord distance of 15.25 feet. This Conterline Description is being submitted along with a plat of oven date based on a survey performed by Ittz & Shipman, Inc. on December 29, 2010. r*A SOP? P' Walter J. Kslazek 0%$T k'I a Registered Professlo a, Lana Surveyor No. 5321 + ` ,'11(4 d'a Ship mart, lire. Page 1 of ) Project No. 10003,0115 Plat & Uesoriptlon 1405 Cornerstone Court - Beaumont, Texas M Tx Board of Prof Engineers Firm No. 1160 - Tx Boa fax (409) 832.7303 ,s Firm Na, 100106 HIT "A III* , PAGE 2OF'w FOUND )v IRON ROD B L O C K REMAINDER LOT 2 FOUND IRON I x IV POINT Or BEGINNING 5666 & 5 SANITARY SEWER E10'a WOE 0ALIp�R 1 IV, �SFj'00'380 to 199.89 SANITARY cell.00 SEWER MH i Lwn-)� OR Ewa fl 2 0 UUE WATER ENDEAVORS, LLC CI,MKS FILE NO, 2t)07024076, O.P.R.J.C. (CALM;© 0,0669 ACRE) 10' W DE SANITARY SEWER EASEMENT CENTER1..IN1Y --\ 10' WIDE SANITARY SEWER EASEMENT o POINT OF T5RIAINAT10N CENTERIINE 10' WOE SANITARY SEKR FASEME (hVf SYG'tY 111�Op }itAa,{E AUlL01rYG �" ° A �/ ~~ C v IN c"qL �/ n e�no Q d 84 aob v 3 0 OMMI=NCING POINT" FOUND Y IRON ROD SURVEYOR'S CERTIFICATION; I no HEREBY CERTIFY, TO i1-IE BEST OF MY KNOWLEDGE AND OELIEF, THAT THIS IS AN ACCURVE PLAT OF A SURVEY do DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION ON ➢KEMBER 20, 2010, LOT 4 C3 Cl s IYALTER J. KSIA7_F.K �LATJRIEL A'�NUE FOUND W REGISTERED PROFESSION NQ SURFOUND IRON ROD CAPPED 41 IRON ROD SF.NITARY M NUMBER DELTA RADIUS ARC CHORD CHORD DVARING C1 0 58 37" 180,00 97.32 904 S 65'58 0a W CAL4 ED 7�5 42 180,00 97,32 95,14 S 65-56-37' W C2 04'51'25 180.00 15,26 15.25 N. 79'01'42' E w» C3 2$'f?7'12" 1E30A(3 $2,Q6 £31.3a S 83'32 23' W Q:\PROJECTS\i0003110005 11S\1000�TS115.dwg Jon 0, 2011 091O90m _ 0' WIDE SANITARY SEWER EASEMENT SHE" NO, Inc. PROJECT NAME' b66� � ���6cA> >�ER AVENu>1 rlgi�etraand.Land SiuMbrs BEAUMMNT, TIIU9 1105 CORNERSTONZ COURT, BEAUMONT, TEXAS CALDWOOD ADDITION PROJECT N0. (409) 032-7239 FAX (409) 8:52-7303 DATE 1/4f11 10003.0115 EXHIBIT "a"