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Home My WebLink AboutRES 25-175 LICENSE TO ENCROACH STATE OS'TEXAS § § ALL MEN BY THESE PRESENTS= COZ_7NTY OF JEFFERSON § On tl�e date last indicated balow, tYie City of Seaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, Yierein called "Licensor" and Westou Solutious, Iuc., liereinafter called "Licensee", contracted and agreed as set fortl� tierein_ � Licensee desires a license from Licensor to usa tl�at real. property �tlze subject of t11is license agreement� described as follows= Mouitoriug Well �MW-09)— encroacl�ing wittiin C:ity rigl�t-o£-way onto Aveuue B, approximately 305' of ttie former Stadium Cleaners located at 3220 Avenue A_ Said encroactimarit is s}�owr� on I;xliibit "A"� attactaed_ NOW THEREFORE Licer�sor izereb r¢nts to License a Iscer[se Zo occu and use . the sub7ect propertv for the purpose of ir�staZlinQ tJze Qs-oundwat�r monitoring well. subiect to all ofthe ter�izs and coszditions hereof- Lscensee slza[I notsfv 8I7 ar�d Texas Oree Call at I-800- 245-4545 at least /'ortv-eight (48) hours nrior to a�zv excavcztio�z ¢Y sste of er�croachment_ Licensee shall notifv the T3�ater Utilities Yroject Mananer ¢t �409) 78S-30I7 or (409) 78S-30I9 _for ulilifV Iocates fortv-eiQht (48) hours prior to anv excavatiore_ Licens�a shaLl maintain ¢ minimum of fen lI0) foot separatiore between the water mains ar[d fhe mo�zitorinQ wells �OD to OD)_ Licensee slzall mainlai�z tJze said moreitorireQ wells in a Qood a�zct saf� cor�ditior� as mav be re9uired to protect the public from iniury or propertv dama�e_ Licensee shall upon complelion of remediation acfivities. nroperlv close said �roundwater monitoring well, with plans subject 10 approvaL of tlze Citv of Beaumorit TYater Utilitses Department_ After three �3) years from tlze date oftlus apreement. Licensee shall�zotifv Licerisor oftJzeir intent to confinue usirsQ ihe mo�zitoriri�weL[s_ SucJz ttotice wou[d be ser�t to the Dzrector oFPublic YT�orJr,s, Citv of Beaumont. P O_ Sox 3827. Beausnont. Texa_s 77704_ Subject proparly may continue to be occupied and used by Liccnsce solaly in connection witl� tlze existi.ng structures and for incidantal pLirposcs related tkiereto duri.ng ttie term of tl�is license or watil t�rn�ination t}ierco£ Said li.censc sliall tex�xiiinate upon reinoval or damolition of said eneroacl�ment. Substantial improvements shall not ba mada upon any cncroactiment witlzout first obtair�ixZg il'ie written consent ot-Licensor and giving notice to Licensor in writing of liow, wYten and to what extenY such improvemeiits are Yo be made. A copy oP ihis license shall be attacliad to suclz noticc. Substantial improvement means any repair, construction� or improvement of a structure, the cost of wYucli equals or exceeds twenty-f3ve perceiit �25%� of tlie iiiarket valua of thc P��e 1 ciF4 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, safeiy 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 properiy taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall be responsible for visually locating all e�sting utilities prior to drilling and maintain the Licensee's required minimum three feet (3') horizontal clearance from all utilities; there may be underground electrical conductors of high voltage within said easements and extreme caution should be exercised when working in the vicinity of these conductors, which may cause serious injury and/or death upon contact. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entiiy 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 entiiy 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, ar 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 any structures or improvements if the sanitary sewer main 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 ar other structures within the Easement property. Page 2 of 4 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. The Environmental Contractor will be invoiced for any damages that occur to Licensor sanitary mains during the installation and/or removal of any of the monitaring wells. 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. T'his 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 party 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 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 Weston Solutions, Inc., 2929 Briarpark Drive—Suite 175, Houston, Texas 77042. IN WIT'NESS, WHEREOF, the parties hereto have executed this agreement as of the �� day of s 2025. LICENSOR: LICENSEE: CITY OF BEAUMONT WESTON SOLUTIONS, INC. � By: y: Kenneth R. Williams ad Su er d City Manager Associate Geoscientist III Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS § § COLTNTY OF JEFFERSON § This instrument was aclaiowledged before me on the��day of � , 2025, by Kenneth R. Williams, City Manager of the City of Beaumont, a municip corporation, on ,: behalf of said coiporation. , � o,,'�Y►o,, SONORA DAYIS �� _�� Notary ID#1251 t 5240 Notaiy Public, State of Texas �, � My Commissinn Expires '�oi� April 3, 2027 STATE OF TEXAS § § ' COLINTY OF HARRIS § This instrument was acknowledged before me on the�day of , 2025, by Chad Sutherland, Associate Geoscientist III of Weston Solutions, Inc , on b alf of said corporation, =o.✓�'''�.^ KIMBERLY J MUNOZ NO aP}� A liC, State of Xa y��' Notary ID N10576557 My Commission Expires September 20, 2028 R�TURN TO: City of Beaumont Antoinette Hardy-Engineering P. O.Box 3827 ' Beaumont,Texas 77704 � Page 4 of 4 . _ _ �°�Eriu�.� � .., , _ - � �rn`' .�''dEIJUE l. � _ J n r . _ _ � 1� 'r..� r G rn ,,, �� :r. �: _ - -T7 � � �. o Q :� � v = Q � •� ii iN:'•��'d Q Zy � _ Ri,1HA�v f�� m � � � � - J Q � � � t � � 1= � m � G .� m n m !� a r R" `^ .� r�Y�eraue r�. �. �R� , ,u. � , ; : y : . ,, . , � � , a �, � � . ,. � . . R. 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I -t; cn o � n N � > > � n� Q �, a m � c�D � � Q Q N � v � w � � � 1 ._l: L E 0 � � lI') N N 0 Z f O o o � � p I m U i,, �� Z �3� � � Z p Z Z �- Z�'l{ �cn N O JZf_ Jm J J w N � UJ Z c J Q � (�Q O m 3�� 3� �3 � p W Z O N � U'�F W X � � W Q a L� � F= p� w � `o w ��Z �z o� � � � j � W � �M Z ~ o -� � Z�� Z� aZ � 3 CD Z J V� � � _�� Z p � a ��m �uWi W� � v~i a W �(� � �- Q�Q O o u�i Q Z � � � �—(�j0 � z� in U � N�N � �� o � O � � � � o � � U � � � Mmo� o 3W � � ao N � Q N i O �- c�•� �o W "' w U o � Qw a 00 � 0 Nv� W � J � 0 0 W � W U Z E � ' � � = o h- � � � � o` � � � � O � � O 0 0 � Q w = U (n Q � PJ�'N�� P �m1� �Z x � J 7 I U¢ � J� �M �� M r � � O Z � �0� I � U > o a � U � o � � � 0� � � � � � o � c rn � N � ��N � z > o �g�?W i x� 0 M RS ~ 3 ��Q� � L � I � � � N � � �vV)U � %-xJ 3 � � "�' �o O n � � 0 0 � 0 3 � � �j 3 0 I -o � 3 � 3 N� � c � � n.'@ oH � °H � � AVENUE B O V � F- a J � _ > � � � O Z � �— � a _ Flush Mounted Monitoring Welt Diagram , , , i F7us�-l�irnmted tl�'ell�ault ; � Ground Surface ; _ , _ ; . , ti � Coucrete(�-footminununa) . • : • • reat Ce�ent Grout : , j 2"Sol�d Pt�C Pipe . ,. _ _ Proposed Depth / Is 32 feet '��ntonite Stal(2-foot nnnvmum) �3 Vionterr}�Sand � (2-foat oain¢av�abo�r top of scre�n� ; _ ; � _ ' 2"Iha 0 42"Slot EErell 5cnen `. � � b 7 8' Iha Bor�hok ................................................................................................................................ Jefferson County Roxanne Acosta-Hellberg Jefferson County Clerk "VG-80-2025-21218' Instrument Number: 21218 Real Property Recorded On: August 13, 2025 08:45 AM Number of Pages: 8 " Examined and Charged as Follows: " Total Recording: $49.00 *****"*****THIS PAGE IS PART OF THE INSTRUMENT'`********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 21218 ANTOINETTE HARDY Receipt Number: 20250813000005 IR Recorded Date/Time: August 13, 2025 08:45 AM User: Maribel F Station: CCLERK38 �,iy�� STATE OF TEXAS GU �p� Jefferson County I hereby certify that this Instrument was filed in the File Number sequence on the date/time * * printed hereon,and was duly recorded in the Official Records of Jefferson County,Texas 0 p r � ;�� ,�w'� Roxanne Acosta-Hellberg �°F �� Jefferson County Clerk �_�,� U.c.r.�-�Qe�- Rg9^'��' Jefferson County, TX 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 Weston Solutions, Inc., 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: Monitoring Well (MW-10)— encroaching within City right-of-way onto Harriot Street, approximately 210' of the former Stadium Cleaners located at 3220 Avenue A. Said encroachment is shown on Eghibit "A", attached. NOW, THEREFORE, Licensor herebv �rants to License a license to occupy and use the subiect property for the purpose of installinQ the �roundwater monitorin� well, sublect to all of the terms and conditions hereof Licensee shall notifv 811 and Texas One Call at 1-800- 245-4545 at least forty-ei�ht (48) hours prior to anv excavation at site of encroachment. Licensee shall notifv the Water Utilities Proiect Mana,�er at (409) 785-3017 or (409) 785-3019 or utilitv locates forty-ei�ht (48) hours prior to anv excavation. Licensee shall maintain a minimum of ten (10) foot separation between the water mains and the monitorin,�wells (OD to OD). Licensee shall maintain the said monitorin,� wells in a �ood and safe condition as may be required to protect the public from injury or property damaQe. Licensee shall upon completion of remediation activities, properly close said �roundwater monitorin� well, with plans subiect to approval of the City of Beaumont Water Utilities Department. After three (3) years from the date of this a�reement.Licensee shall notify Licensor of their intent to continue usin,�the monitorin�wells. Such notice woultl be sent to the Director of Public Works, City of Beaumont, P.O. Box 3827,Beaumont, Texas 77704. 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 thereo£ 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 Page 1 of4 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, safeiy 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 property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall be responsible for visually locating all existing utilities prior to drilling and maintain the Licensee's required minimum three feet (3') horizontal clearance from all utilities; there may be underground electrical conductors of high voltage within said easements and extreme caution should be exercised when warking in the vicinity of these conductors, which may cause serious injury and/or death upon contact. Licensee shall at all times indemnify and hold hannless 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 communiiy. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee far 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 any structures or improvements if the sanitary sewer main 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. Page 2 of 4 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. The Environmental Contractor will be invoiced for any damages that occur to Licensor sanitary mains during the installation and/or removal of any of the monitoring wells. 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. 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 party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days priar 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 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 7'7704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Weston Solutions, Inc., 2929 Briarpark Drive—Suite 175, Houston, Texas 77042. IN WIT'NESS, VVHEREOF, the parties hereto have executed this agreement as of the �� day of 2025. LICENSOR: LICENSEE: CITY OF BEAUMONT WESTON SOLUTIONS, 1NC. '�1 , By: ' Kenneth R. Williams � had S rland City Manager Associate Geoscientist III Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS § § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the 1 ��ay of , 2025, by Kenneth R. Williams, City Manager of the City of Beaumont, a municip coiporation, on behalf of said corporation. ' _ U��-+�-� ' ,��wY PUB SONDRADAVK � Z�n Notary ID#125115240 Notary Public, State of Texas N � My Commission Expires ''�oF�' Aprit 3, 2027 ', STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on the 2� day of , 2025, ' by Chad Sutherland, Associate Geoscientist III of Weston Solutions, In on ehalf of said co�poration. ��,�.�� KIMBERLYJMUNOZ :° ' Notary ID#70576557 N ta u lic, Sta f T as �;��' My Commission Expires , September 20, 2028 RETURN TO: City of Beaumont ' Antoinette Hardy-Engineering P. O.Box 3827 Beaumont,Tesas 77704 Page 4 of 4 , 1 � � .� -O N � +N, a � � '� '� u � o rn � "�-' t= � c °' °% �, y �' �', � .0 Z' � � >_ �u � ,c '` �, ,o d > U 7 a� � = c Q Q a � � (7 a h �Y O ..� � ° Y � � -`o s � �' 3 3 m � �' m ,o � _ � 'Z' � v� � I N I � � d ,ii `� � U � v� I � � �i W 0 � v , �, ,w A�r��iiSE A � J f - ; �_ � � W J ', - t �"-� : , •�.�r. S . 'I� e • s � �4 �� N• r ' ' � N 7 C � • � '� N � � Q «.6 �� - •� t' LL !n V ,1� . `-��°�. � ' F- 9 3fiN3iib' N J.I � J � ll.� W Z Q 4 W K _ H � O N �O � a f O �L Q � � � � ° � ��vHina 0 � A�'�N�;f-� _ � p� c� � .� a 0 0 0 Ll- �" C r O � N a � W J ' � W W Z � G i= :; �3nNane � Z :,3nN3^,a � 0 � � � N 0 0 0 � N 3 � � � o m U w �^ F F= �n Z �3� � � Z p Z Z a 4Z �v� N O JZ� Jm J J w N � UI Z C J Q N N Q O L m 3p� 3� �; w � � W Z O N U�W X c � �� o �`' a a L� � 1= O� � o � o Z�� Z� �Z J p 3 � Z J � � � Q O� Z p v � a.Q O M � a ��m �vi �� v~i a �� Q o 0 Q z� � g �jUo � �n � U O �N � �� U�} p � O � � � � � � U � � M m o� o 3w N � ao N � � N O c�v i O �- c�•r �o W "' W U o � Qw a 00 � U F O V1 m W � J c p o W � W U Z E � '- � � = o r � � � � `o � � � � H � � 00 0 � � \ Q � U �a % PJE'N�� P � � �w X m � � J� 31 c�Q � -Q-�M W M M _�--� � � O Z I �� I x 0 x� �� I I I I }� W�� x I ��OZ o � � 3 �o�N� ;� x0 XJ I 3 � � � � � n � r � o I � o 3 > > i � � �A � O �- 3 N � � � � � -� - oH �" � � � �' � AVENUE B � — — `° � �n � p -o m a� � � N F � d Vj d� � u"i � 1- � U C � (6 O � O =p rn �Z � j � p J p Z CO � p - � � U rn � o � ` M S ° � O Ftush Mounted Monitoring Well Diagram , � ► F7us�-�iouated tt�'e11 Vault ; /� � Ground Surface /r ; , . , ti � Conaete(?-foot nuaunum) � . � ' ' Keat C�rnt Grout � ; 2"Sol�d P�G Pipe ; ,. : Proposed Depth �� g�ntanitt St�(2-foot Is 32 feet �� - �3 Vionter�}'Sand ; , {2-foat minunzma abo��e top of screen� � - � � . 2"Iha Q 0�"Slot E�'�ll 5creen �. _ I � . b 7 8' Iha Borthok ................................................................................................................................ Jefferson County Roxanne Acosta-Hellberg Jefferson County Clerk 'VG-80-2025-21219' Instrument Number: 21219 Real Property Recorded On: August 13, 2025 08:45 AM Number of Pages: 8 " Examined and Charged as Follows: " Total Recording: 549.00 ***'`*******THIS PAGE IS PART OF THE INSTRUMENT*********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 21219 ANTOINETTE HARDY Receipt Number: 20250813000005 IR Recorded Date/Time: August 13, 2025 08:45 AM User: Maribel F Station: CCLERK38 ��y��oG STATE OF TEXAS Go R� ]efferson County I hereby certify that this Instrument was filed in the File Number sequence on the date/time * * printed hereon,and was duly recorded in the Official Records of 7efferson County,Texas 0 � � R� �r�� Roxanne Acosta-Hellberg Q�RBo�Go��• Jefferson County Clerk �� Qc�•�•�=�u�- Jefferson County, TX