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HomeMy WebLinkAbout08-00500087 FOR OFFICE USE ONLY P&Z CASE NO.: �0 f (ir-ff" CITY OF COLLEGE STATION 1 Planning e.Development Services DATE SUBMITTED: LICENSE TO ENCROACH APPLICATION MINIMUM SUBMITTAL REQUIREMENTS ® $325.00 License to Encroach application fee. H A completed copy of the attached License to Encroach application. All exhibits processed (except for Exhibit No. 4, which will be processed by staff). ADDRESS: 4401 Spring Branch ct College Station, TX LEGAL DESCRIPTION Lot 20 block 1 Spring Meadows Subdivision Phase 2 City of College Station APPLICANT(Primary Contact for the Project): Name : Matthew Moore E-Mail : matthewhmoore@gmail.com Street Address : 4401 spring branch ct City : College Station State TX Zip Code :77845 Phone Number:979-412-3499 Fax Number: 979-690-1499 PROPERTY OWNER'S INFORMATION (if different from above): Name E-Mail Street Address City State Zip Code Phone Number Fax Number The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true and correct. 03/0 '/vs) Signature of Owner Date js/c/forms/encrochI - 3 4/8/2008 0 APPLICATION FOR A LICENSE TO ENCROACH Date:04/8/2008 Location of public utility easement to be encroached upon: Eastern most portion of the 20' P.U.E & D.E. Property Owner's Name & Address: Matthew Moore Property Owner's Phone Number: 979-412-3499 TO THE MAYOR AND CITY COUNCIL OF THE CITY OF COLLEGE STATION: The undersigned hereby makes application for a License to Encroach the above public utility easement particularly described in Exhibit No. 1, attached. In support of this application, the undersigned represents and warrants the following: 1. The undersigned will hold the City of College Station harmless, and indemnify it against all suits, costs, expenses, and damages that may arise or grow out of such License to Encroach. 2. Attached, marked Exhibit No. 1, are two sealed copies of the metes and bounds description of that portion of the public utility easement sought to be encroached upon, prepared by a Registered Public Surveyor. 3. Attached, marked Exhibit No. 2, are two copies of a plat or detailed sketch of the public utility easement sought to be encroached upon and the surrounding area to the nearest streets in all directions, showing the abutting lots and block, and the subdivision in which the above described public utility easement is situated, together with the record owners of such lots. 4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the License to Encroach. 5. Attached, marked Exhibit No. 4, is the consent of the City of College Station staff to the License to Encroach. 6. Attached, marked Exhibit No. 5, is the consent of all the abutting property owners, except the following: (if none, so state) js/c/forms/encroch l 4 4/8/2008 4 7. A License to Encroach the public utility easement should be granted because: 1. There is sufficient space to work or service the buried reinforced concrete pipe and other utilities. 2. There will be no additional phases in the subdivision in which additional services will be required 3. The residence is completed and does not prevent any clear obstruction to prevent servicing of other customers 4. The property location at the end of the cul de sac does not affect the view or vista of the adjoining neighbors. 8. Such public utility easement has been and is being used as follows: As a drainage easement for buried reinforced concrete pipe, telephone, cable, gas services are installed at this time for this residence. I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief. Applicant's Signature: 7IL4:i Applicant's Name: M ew 1V10 o,' Applicant's Address: 44-ol .�Pr 7 ,&rA,Adl C/ Applicant's Phone Number: 9-7( ¢12 34./ STATE OF TEXAS ) COUNTY OF BRAZOS ) ACKNOWLEDGMENT SLbscribed and s2av0o ,toby b,iIrheaea Vo P lic, this iday of kVA( ..•�P� R�%s� LINA SOUTHERLAND YrriAlaqvifit. O•• �`•5V {*c" _o i*i !NOTARY PUBLIC `0,,,t 0.N +? ',tate of Texas $.3i f Gomm. Exp. 08-30-2009 - 5 - js/c/forms/encrot 4/8/2008 Notary Public in and for the State of Texas js/c/forms/encrochl - 6 4/8/2008 Q Application for License to Encroach a Public Utility Easement Located: 4401 Spring Branch Ct College Station, TX 77845 EXHIBIT NO. 1 Attached are two sealed copies of the metes and bounds description of that portion of the public utility situated in Phase 2 Spring Meadows Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be encroached upon. js/c/forms/encrochl - 7 4/8/2008 Field Notes 4401 Spring Branch Court Encroachment Upon a Public Utility Easement and Drainage Easement All of that certain portion of a 20' wide public utility and drainage easement for license to encroach upon, lying within Lot 20, Block One, Spring Meadows Subdivision, Phase II, City of College Station, Brazos County, Texas, according to the plat thereof recorded in Volume 5838, Page177, Official Records of said county and being further described as follows; COMMENCING at a found 1/2"rebar with plastic cap stamped R.P.L.S. No.5676 for the most southerly corner of Lots 19 and 20, from which a found 1/2"rebar, for the most northerly corner of said Lots 19 and 20, bears N 05°56'38"W for the basis of bearings of this survey, a distance of 118.51' as cited per said plat; THENCE along the northerly right-of-way line of 50'wide Spring Branch Court, a curve concave southerly having a radius of 50', an arc length of 6.47', a central angle of 7°24'51", chord bears S 89°22'49"E a chord distance of 6.47'to a point; THENCE along a bearing radial to said curve N 04°19'55"E, a distance of 20.00'to the intersection of the 20'wide public utility easement and drainage easement lying adjacent to Spring Branch Court with the easterly line of the 20' wide public utility and drainage easement centered on the common line of said lots 19 and 20 for the POINT OF BEGINNING of said encroachment area; THENCE N 05°56'38"W along the easterly line of said easement, a distance of 14.41' to a point; THENCE S 84°03'22"W, a distance of 2.50' to a point; THENCE S 05°56'38"E, a distance of 14.00'to a point; THENCE along a curve concave southerly having a radius of 70' an arc length of 2.53', a central angle of 02°04'15", chord bears S 86°37'49"E, a chord distance of 2.53'to the POINT OF BEGINNING and containing 35.5 square feet more or less. 4P -1 - .'.:-. • 4 iti ‘'/ • ',I' if.'• I 1411t ilia e"•Q auRq Field Notes 4401 Spring Branch Court Encroachment Upon a Public Utility Easement and Drainage Easement All of that certain portion of a 20' wide public utility and drainage easement for license to encroach upon, lying within Lot 20, Block One, Spring Meadows Subdivision, Phase II, City of College Station, Brazos County, Texas, according to the plat thereof recorded in Volume 5838, Page177, Official Records of said county and being further described as follows; COMMENCING at a found 1/2"rebar with plastic cap stamped R.P.L.S. No.5676 for the most southerly corner of Lots 19 and 20, from which a found 1/2" rebar, for the most northerly corner of said Lots 19 and 20, bears N 05°56'38"W for the basis of bearings of this survey, a distance of 118.51' as cited per said plat; THENCE along the northerly right-of-way line of 50' wide Spring Branch Court, a curve concave southerly having a radius of 50', an arc length of 6.47', a central angle of 7°24'51", chord bears S 89°22'49"E a chord distance of 6.47' to a point; THENCE along a bearing radial to said curve N 04°19'55"E, a distance of 20.00'to the intersection of the 20' wide public utility easement and drainage easement lying adjacent to Spring Branch Court with the easterly line of the 20'wide public utility and drainage easement centered on the common line of said lots 19 and 20 for the POINT OF BEGINNING of said encroachment area; THENCE N 05°56'38"W along the easterly line of said easement, a distance of 14.41' to a point; THENCE S 84°03'22"W, a distance of 2.50'to a point; THENCE S 05°56'38"E, a distance of 14.00'to a point; THENCE along a curve concave southerly having a radius of 70' an arc length of 2.53', a central angle of 02°04'15", chord bears S 86°37'49"E, a chord distance of 2.53' to the POINT OF BEGINNING and containing 35.5 square feet more or less. c, OF �P� • ,%STFj��:.. 0„), • FO \ Oc,rn o 4, n Z \\ D -ZI Z _ O zo NDp -it N '" � rn.oZ rn \ Gr. R �ni DA rn- p 1/4 O• OD ghrR • - i. .o' ❑ N\ ` ago / `BzPOR U X - AR, nI ::/ hT JR �'unt F73 gr 61 g, 5,1 . 6.04'M yy3i16.10'R N 41'52'26'E R 7 f. y ../ /0./ �ti S='2-P:11,1 `I m- ' o � \ tR51g �".' , 4,.5k. 6,, ( 20' P.U.E. a D.E. <� n m / N,.yn ‘4 � �. 0,J 2 .•',V..7 .,.• ____ _ __ _ ____ ________ •.. •--------,. o• • •___...... / /g .� ,.,• y ti. I• • s ., 1 1 . . , e :?� _ I o-s .., ,F -i . ...D. , A a ..... .1. \V rn 00 �o : I C 1 _ s I • .�y JJ ` �J � J� 7C ii rn _N r rnO N �� _rn o P I O A 9 O g''a , ioci_;, Io !� 1 F.D �' O -*S.� 23.5' It AI � TI 7 rn I1 oZ I 5dIo ,. 9 1.0.0 rn > w m Q O 7C3 '9...: , O o ®o o -m „> !0. z -8� RF , rn sl6 Er rg 1 0 bio • r pz ▪ �j 0 , ~ _ I'eJ 7.S'D.L.ORD. $ 1 fli --I x1 mm Of I 106.15*R 106.02'M $� �>Xc T 70 .. 5 41'51�58'W R L <' N'^ < > D — morn .... o.< y Z ON 10' P.U.E. < D.E. '. moN_ Z C / 1 O 1 _ 'kms-___ / / N I/ I N //I/ sn 0 Application for License to Encroach a Public Utility Easement Located: 4401 Spring Branch Ct College Station, TX 77845 EXHIBIT NO. 2 Attached are two copies of a plat or detailed sketch of the public utility easement sought to be encroached upon in the above-mentioned application, showing the surrounding area to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the public utility easement sought to be encroached upon is situated, and the addition or subdivision in which the portion of the public utility easement sought to be encroached upon is situated. Also, the names of record owners of the abutting lots are shown. - 8 - js/c/forms/encroch 1 4/8/2008 RECEIVED 04/09/2008 15:i6 yigb50149 RIVERHILL HOMES APR-09-2008 WED 02:31 PM 'OX COMMUNICATIONS FAX No. 9- '11411 P. 001 Application for License to Encroach a Public Utility Easement Located: "101 , f Ct Ca jr ,€ 1iDh 1 Y' 71845' r ,, Q $foci 1,4 2O fhr.SG Z `f Y S'�'b�C1 dM EXHIBIT NO.3 The undersigned public utility companies, using or entitled to use, provisions of our respective franchises with the City of College Station, the ttportion of the public utility easement sought to be encroached upon In the Application for License to Encroach above referred to, do hereby consent to the encroachment of the described portion thereof, ATM OS ENERGY B I• V a , , Title ab, . — c d , VERIZON TELEPHONE COMPANY BY: SUCDENLINK COMMUNICATIONS BY .f Title BRYA UTIES IE5 BY: 4 Title° /._ v.. .._ _ r " flisiatA • Je/c/fgms/encroc}i1 -g 1/29x2007 • Ta/TR/Tia �c14fJ C�lMfl4J TTI.-N AT?I GG,I3TQGQG) T1-!CT 7 IC.GI/+1fa Application for License to Encroach a Public Utility Easement Located:L-4pl 5p4. 3,Ya itth C4 ( AI'e 11Y 11 EXHIBIT NO. 4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for License to Encroach the public utility easement referred to above from the standpoint of City of College Station ordinances and with respect to present and future needs of the City of College Station and see no objection to the requested license from the City's standpoint. Al _ CityEngineer g Building Official City of College Station City of College Station Zoning Official Fire Marshal City of College Station City of College Station Electric Department Water Services Department City of College Station City of College Station - 10 - js/c/forms/encroch 1 4/8/2008 Application for License to Encroach a Public Utility Easement �L,' Located:ti1.101 5P�'�; YO%\ h ek �,�.� 4 SI U� 1A' ( T78L &CV- WA110 51911,110) eact,ousswoctiutsoiAJ EXHIBIT NO. 5 The undersigned, owners of property abutting upon that portion of the public utility easement named and described in the Application for License to Encroach a Public Utility Easement referred to above, do hereby consent to such license. NAME: pliztor\zievv,24..., ADDRESS: ati ( `74-S NAME: ADDRESS: 440 5p4,41e- (1- .c. rX ?7r45 NAME: ADDRESS: NAME: ADDRESS: - 11 - js/c/forms/encrochl 4/8/2008 iorsi-AN CITY OF COLLEGE STATION = W. Office of the City Secretary Filed for Record ioL BRAZOS COUNTY On: .iLm q�2fii2 at 03:25P CERTIFICATE TO COPY OF PUBLIC- ECORD As a NO LABEL RECORDING CITY OF COLLEGE STATION § Document Number: 00999603 Amount STATE OF TEXAS § Receipt Number - 342709 Betts Kine COUNTY OF BRAZOS § Before me, the undersigned authority, personally appeared Connie Hooks, who, being by me duly sworn deposed as follows: My name is Connie Hooks. I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated. I am the custodian of the records of the City of College Station, Brazos County, Texas. Attached hereto is a full, true and correct copy of a License Agreement between Matthew Moore and the City of College Resolution No. 5-22-08-2i adopted by the City Council on May 22, 2008. I further certify, in the performance of the functions of my office, that said pages of record is an official record from the public office of the City Secretary, City of College Station, Brazos County, Texas, and are public records which are kept in said office and appear of record in said office. In witness whereof I have hereunto set my hand and affixed the official seal of the City of College Station, this 30th day of May, 2008. r / f • f I 1((,i/. ' r Connie Hooks, City Secretary City of College Station, Texas Brazos County, State of Texas Sworn to and subscribed before me on the 30thA:y of May, 2008. , ,,, 4°'a "u„ TANYA McNUTT Nota 747 blic, State of Texas NotaryPublic,State of Texas E o .E*pry My Com .Expires Feb.14,2010 N •r!,/111./!_,/llJ!!.!!,/l!.../!l./../ Y.U.BOX 9960• 1101 TEXAS AVENUE COLLEGE STATION •TEXAS•77842 979.764.3541 www.cstx.gov RESOLUTION NO. 5-22-08-2i A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND APPLICANT, MATTHEW MOORE, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 20, BLOCK 1, SPRING MEADOWS PHASE 2 SUBDIVISION, MORE COMMONLY KNOWN AS 4401 SPRING BRANCH COURT, INTO THE EASEMENT. WHEREAS, the City of College Station, has received an application for a license to encroach into a public utility easement and drainage easement; WHEREAS, the City of College Station has enacted Ordinance No. 1645 regulating, controlling and governing encroachments; WHEREAS, in order for a license to be granted by the City Council of the City of College Station, the Council must make certain findings of facts; WHEREAS, after hearing the application of MATTHEW MOORE to encroach into the easement, the City Council of the City of College Station, finds the following facts: 1. That there are no utilities which would be interfered with by the utilization of the property in its present status. 2. That there are no utilities which would interfere with the utilization of the property in its present status. 3. That the structure intrudes into the easement to such a degree that it is not economically feasible to remove the part of the structure within the easement. 4. That the land use in the neighborhood appears to be stable and the use to which this property is being put is not likely to change within the foreseeable future and is similar to the use to that of the neighborhood; WHEREAS, the applicant agrees to accept the terms of the License Agreement as presented to him; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: I. That the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: 1. It is not economically feasible to remove the part of the structure within the easement area does constitute special circumstances and conditions affecting the property which if not take into consideration would deprive the applicant of the reasonable use of his property. 2. The fact that the land use is not likely to change within the foreseeable future and that it is not economically feasible to remove the part of the structure within the easement does provide a basis for granting the license necessary for the preservation and enjoyment of the substantial property right of the applicant. RESOLUTION NO. 5-22-08-2i Page 2 3. The fact that the use of the easement area by the property owner does not interfere with the utilities or access to the utilities and is not detrimental to the public health, safety or welfare or injurious to the property in the area; and II. That the Mayor is hereby authorized to execute on behalf of the City of College Station a License Agreement with MATTHEW MOORE pertaining to the encroachment of a portion of a structure located at Lot 20, Block 1, Spring Meadows Phase 2 Subdivision, more commonly known as 4401 Spring Branch Court, into the easement area. The terms of said License Agreement are as set forth in the form which is attached hereto as Exhibit "A" and incorporated herein by reference for all purposes. III. That this Resolution shall become effective immediately upon adoption. PASSED and APPROVED this 22nd day of may 2008. A TEST: APPROVED: ity Secretary Mayor APPROVED: ,r4 FYA, an r :vhwitla fin eV* ;_ .? City Attorney Resolution No. 5-22-08-21 Field Notes 4401 Spring Branch Court Encroachment Upon a Public Utility Easement and Drainage Easement All of that certain portion of a 20'wide public utility and drainage easement for license to encroach upon, lying within Lot 20, Block One, Spring Meadows Subdivision, Phase II, City of College Station, Brazos County, Texas, according to the plat thereof recorded in Volume 5838, Page 177, Official Records of said county and being further described as follows; COMMENCING at a found 1/2"rebar with plastic cap stamped R.P.L.S. No.5676 for the most southerly corner of Lots 19 and 20, from which a found 1/2"rebar, for the most northerly corner of said Lots 19 and 20,bears N 05°56'38"W for the basis of bearings of this survey, a distance of 118.51' as cited per said plat; THENCE along the northerly right-of-way line of 50'wide Spring Branch Court, a curve concave southerly having a radius of 50', an arc length of 6.47',a central angle of 7°24'51", chord bears S 89°22'49"E a chord distance of 6.47' to a point; THENCE along a bearing radial to said curve N 04°19'55"E,a distance of 20.00'to the intersection of the 20'wide public utility easement and drainage easement lying adjacent to Spring Branch Court with the easterly line of the 20'wide public utility and drainage easement centered on the common line of said lots 19 and 20 for the POINT OF BEGINNING of said encroachment area; THENCE N 05°56'38"W along the easterly line of said easement, a distance of 14.41' to a point; THENCE S 84°03'22"W, a distance of 2.50' to a point; THENCE S 05°56'38"E, a distance of 14.00' to a point; THENCE along a curve concave southerly having a radius of 70' an arc length of 2.53', a central angle of 02°04'15", chord bears S 86°37'49"E, a chord distance of 2.53' to the POINT OF BEGINNING and containing 35.5 square feet more or less. rs am, •6 4 '' .�� nesoluLlon rio. )—LL—Utf—LZ r II J N • 1 1 t 1 // ---_____:..! ---1 / I— Y .., I L ,./ , -i- , _ 0,,, U N^^. 11 -3'0 1 -3'f1'J .01 ; ' Z ► rr 0 In r .� ]IT A. 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O •u i { F Z J0 \ ' j C(Z\/>. ...'. s' . ga 0 May 22, 2008 Consent Agenda Item 2i 4401 Spring Branch Court License to Encroach To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion approving a resolution authorizing a License Agreement with MATTHEW MOORE pertaining to the encroachment of a portion of a structure located at Lot 20, Block 1, Spring Meadows Phase 2 Subdivision, College Station, Texas, according to the plat recorded in Volume 5838, Page 177 of the Official Records of Brazos County, Texas, into easement area. Recommendation(s): Staff recommends approval of the resolution approving the license to encroach at 4401 Spring Branch Court. Summary: A corner of the house built at 4421 Woodland Ridge extends approximately 2.0 feet into a 20 foot wide public utility and drainage easement on the lot. The encroachment does not conflict with any of the utilities in the easement. Consent has been granted by all franchised utilities for the encroachment. Approval of the resolution will cure this defect in the title to the property. Budget & Financial Summary: N/A Attachments: 1. Exhibit 1 - Vicinity Map 2. Exhibit 2 - Resolution 3. Exhibit 3 - Resolution Exhibit "A" (License Agreement) 4. Exhibit 4 - Resolution Exhibit "B" (Survey) 5. Exhibit 5 - Application 68 , .,,, , .6 , 'ly. Y 'y �, 'T 1..- •,. 4,R,,<;=7" .--- 4-) " kp 0'414441144414%\ / 0 'R efa 04.6 - 1OIS ' Oce. o f c- --- p ' � , , � , - --- 11 ' -,7"-- L—__ i --___ / / ''**., '/ .1 ' ,+ \ 415\-...,,,,,, ,...alry. ' � isy —6144, ;,.- I CI CYy X74 4j/44 t fir, \ j Fs/ i 0f 4,(:), 9,,,, 0 Ot),./ i rcy • M p,R121NGTON R[7 �-�a"°r . . vizU ,_AF FLING-ION f{U ;- sitf`/ I0v 1NMIi fr r, 1' 7 4,- \ (c'?)SC r 0 \ Y ._ e {? i-- o Q4,\\ 2/,), r ._.4 IN RESOLUTION NO. A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND APPLICANT, MATTHEW MOORE, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 20, BLOCK 1, SPRING MEADOWS PHASE 2 SUBDIVISION, MORE COMMONLY KNOWN AS 4401 SPRING BRANCH COURT, INTO THE EASEMENT. WHEREAS, the City of College Station, has received an application for a license to encroach into a public utility easement and drainage easement; WHEREAS, the City of College Station has enacted Ordinance No. 1645 regulating, controlling and governing encroachments; WHEREAS, in order for a license to be granted by the City Council of the City of College Station,the Council must make certain findings of facts; WHEREAS, after hearing the application of MATTHEW MOORE to encroach into the easement, the City Council of the City of College Station, finds the following facts: 1. That there are no utilities which would be interfered with by the utilization of the property in its present status. 2. That there are no utilities which would interfere with the utilization of the property in its present status. 3. That the structure intrudes into the easement to such a degree that it is not economically feasible to remove the part of the structure within the easement. 4. That the land use in the neighborhood appears to be stable and the use to which this property is being put is not likely to change within the foreseeable future and is similar to the use to that of the neighborhood; WHEREAS, the applicant agrees to accept the terms of the License Agreement as presented to him;now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: I. That the City Council after hearing the application and fmding the specific facts as stated above now concludes and finds that: 1. It is not economically feasible to remove the part of the structure within the easement area does constitute special circumstances and conditions affecting the property which if not take into consideration would deprive the applicant of the reasonable use of his property. 2. The fact that the land use is not likely to change within the foreseeable future and that it is not economically feasible to remove the part of the structure within the easement does provide a basis for granting the license necessary for the preservation and enjoyment of the substantial property right of the applicant. 70 RESOLUTION NO. Page 2 3. The fact that the use of the easement area by the property owner does not interfere with the utilities or access to the utilities and is not detrimental to the public health, safety or welfare or injurious to the property in the area; and II. That the Mayor is hereby authorized to execute on behalf of the City of College Station a License Agreement with MATTHEW MOORE pertaining to the encroachment of a portion of a structure located at Lot 20, Block 1, Spring Meadows Phase 2 Subdivision, more commonly known as 4401 Spring Branch Court, into the easement area. The terms of said License Agreement are as set forth in the form which is attached hereto as Exhibit "A" and incorporated herein by reference for all purposes. III. That this Resolution shall become effective immediately upon adoption. PASSED and APPROVED this day of , 2008. ATTEST: APPROVED: City Secretary Mayor APPROVED: E-signed Garl A._f�ebiflson \tNIT- 7%,thar{Y(rifl Niffi`SP�STIb ft City Attorney 71 rri► u • LICENSE AGREEMENT THE STATE OF TEXAS * * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS That the City of College Station (hereinafter referred to as "LICENSOR"), acting through the undersigned official who is so empowered by resolution of the City Council to so act in consideration of the agreement made herein by MATTHEW MOORE (hereinafter referred to as "LICENSEE") owner of Lot 20,Block 1, Spring Meadows Phase 2 Subdivision, College Station, Texas,according to the plat recorded in Volume 5838,Page 177 of the Official Records of Brazos County,Texas, hereby grants a license to the said LICENSEE to permit a portion of a structure located on a portion of Lot 20, Block 1, Spring Meadows Phase 2 Subdivision, College Station, Texas,to encroach upon the easement,as shown on Exhibit"A"attached hereto and incorporated herein by reference for all purposes, owned and occupied by the City of College Station, Brazos County, Texas, but such improvements shall be at all times under and not in contact with any electric, water, sewer, or other utility, or equipment, or interfere in any way with such utility, including any drainage structures which are servicing the improvements and other property, and subject to the following terms and conditions: Neither the granting of the license, nor any related permit, constitutes an abandonment by LICENSOR of its property, easement or easements, or any other rights in and to the above- described property. LICENSEE expressly stipulating and agreeing by LICENSEE's acceptance of this license that LICENSEE neither asserts nor claims any interest or right of any type or nature whatsoever,legal,equitable or otherwise in or to LICENSOR's property. LICENSEE hereby expressly covenants,stipulates and agrees,without limitation,to indemnify and defend the LICENSOR and hold it harmless from any and all liability, claim,cause of action,and cost,including attorneys' fee, and including any acts or omissions of the LICENSOR,its officers, agents, and employees, which may grow out of or be attributable to the granting by the LICENSOR of said license and any supplemental license which may hereafter be issued in connection herewith including any inspections which may be conducted in connection with or pursuant to said license or any supplemental license. LICENSEE, at its own expense, shall restore or cause to be restored the subject property to as good a condition as existed prior to construction of the improvements which are the subject of this License Agreement. LICENSEE shall pay all costs of relocation of any public utilities or facilities that may be incurred as a result of the proposed construction or actual construction. LICENSEE agrees to comply with all laws and ordinances in the construction and maintenance of said improvements. LICENSOR retains the right,but not the obligation, to enter upon the land to which this license applies and at LICENSEE's expense to remove any structure or improvements or alterations thereon upon the determination by LICENSOR that such removal is necessary for exercising LICENSOR's rights or duties in regard to said easement,or for protecting persons or property,or public interest in regard to said easement. This license, until its expiration or revocation, shall run with the title to the above-described real property,and the terms and conditions hereof shall be binding upon subsequent owners or holders thereof. LICENSEE shall cause any immediate successors in interest to have factual notice of this License Agreement. This license shall expire automatically upon removal of the improvements located upon the property pursuant to this license,and shall expire as to any portion of said improvements upon the removal,whether or not all of the proposed improvements are removed. This license is revocable by the LICENSOR upon the occurrence of any of the following conditions or events: A. LICENSEE or its successors or assigns have failed to comply with the terms of the granting of the license;or B. The improvements located thereon or any portion of them interfere with the rights of the LICENSOR or the public in or to LICENSOR's property;or C. The use of the licensed area becomes necessary for a public purpose;or D. Said improvements or a portion of them constitute a danger to the public which is not remediable by maintenance or alteration of the said improvements;or tic:ldocume-d Itmcnuttllocals-d Itemplexhibit a revised.doc 5/16/2008 72 E. Said improvements or a portion of them have expanded beyond the scope of the license;or F. Maintenance or alteration necessary to alleviate danger to the public has not been made within a reasonable time after the dangerous condition has arisen. This license shall be effective upon the acceptance of the terms hereof by the LICENSEE, as indicated by the signature of LICENSEE. The license shall be filed of record in the Official Records of the County Clerk of the Brazos County Courthouse. APPROVED this the day of ,200 . APPROVED: APPROVED: MATTHEW MOORE , CITY OF COLLEGE STATION, LICENSEE LICENSOR BY: BY: MATTHEW MOORE Mayor A 1TEST: City Secretary STATE OF TEXAS CORPORATE ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the day of ,200_,by , as Mayor of the City of College Station, a Texas Municipal Corporation,on behalf of said Corporation. Notary Public in and for the State of TEXAS STATE OF TEXAS CORPORATE ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the day of 200_,by as of on behalf of said Notary Public in and for the State of Texas 2 tic:Idocume—Iltmcnuttllocals—lltemplexhibit a revised.doc 5/16/2008 73 Field Notes 4401 Spring Branch Court Encroachment Upon a Public Utility Easement and Drainage Easement All of that certain portion of a 20' wide public utility and drainage easement for license to encroach upon, lying within Lot 20,Block One, Spring Meadows Subdivision,Phase Il, City of College Station, Brazos County,Texas, according to the plat thereof recorded in Volume 5838, Page177, Official Records of said county and being further described as follows; COMMENCING at a found 1/2"rebar with plastic cap stamped R.P.L.S. No.5676 for the most southerly corner of Lots 19 and 20, from which a found 1/2"rebar, for the most northerly corner of said Lots 19 and 20,bears N 05°56'38"W for the basis of bearings of this survey, a distance of 118.51' as cited per said plat; THENCE along the northerly right-of-way line of 50'wide Spring Branch Court, a curve concave southerly having a radius of 50', an arc length of 6.47', a central angle of 7°24'51", chord bears S 89°22'49"E a chord distance of 6.47' to a point; THENCE along a bearing radial to said curve N 04°19155"E, a distance of 20.00' to the intersection of the 20'wide public utility easement and drainage easement lying adjacent to Spring Branch Court with the easterly line of the 20'wide public utility and drainage easement centered on the common line of said lots 19 and 20 for the POINT OF BEGINNING of said encroachment area; THENCE N 05°56'38"W along the easterly line of said easement, a distance of 14.41' to a point; THENCE S 84°03'22"W, a distance of 2.50' to a point; THENCE S 05°56'38"E, a distance of 14.00' to a point; THENCE along a curve concave southerly having a radius of 70' an arc length of 2.53', a central angle of 02°04'15", chord bears S 86°37'49"E, a chord distance of 2.53' to the POINT OF BEGINNING and containing 35.5 square feet more or less. E OF rF 144 ff;/: -;oO� u'lV 74 IN 4 I I 1 _ 1 N / _ ii — _� _�. iiIN _ /1 / / ,‘ hma 11 3'p a '3'�'J .DI i v W: _ __$-----_----- - - -- a .. 5 v1„ -1 blI.VS.IS.14s , y�� < xx ax i-1^,• 9� W.10"101 M.SI''�I .'s 1 d' .i N C O n 1 NC 4 a»�a�c,Y ;t At 1 ,..;-'10i i �� a o '�. 3� 1 .�g Z mar" ? -• [ . m of ® Q g 0 ' v 0 O eL it . s 1 • f'fi St • f 1 - al �\ 3� i • N O C:. J c. \ ` Y. ~ 6o + YO � p o, w— i w w �Pl IL d'iG 4:. 're. `< •' N. . . 1 ? ' 'zTy �O am e `'r `� V: I • `. Y P• � �`oo JPO ✓t.4r '^ I /c) .12/............. L - - I 9 v^ 6 'Ai I kk / J. b � r I. O ♦4)V. i. ti cr.: �- .r b�g8 Iy i • \ a '3'0 9 '3�f1'd .OZ iTir 1 A. q r .' e .d .? O> --- b 3.'IZ.ZS.Ib NkNI•b0'�1 o/♦ . / K .n V5 11 � 1 J'��' Q J j`J Xg^� 9 r� cati rJ '` la c o � Xg0 • �4 Jo Ysi L v� ;\ go a o g3o .,� o it FOR OFFICE USE ONLY Gr. -ff 111111114 P&Z CASE NO.: CITY OF COLLEGE STATION DATE SUBMITTED: Planning 04-Development Services tit LICENSE TO ENCROACH APPLICATION MINIMUM SUBMITTAL REQUIREMENTS $325.00 License to Encroach application fee. ❑ A completed copy of the attached License to Encroach application. ❑ All exhibits processed (except for Exhibit No. 4, which will be processed by staff). ADDRESS: 4401 Spring Branch ct College Station, TX LEGAL DESCRIPTION Lot 20 block 1 Spring Meadows Subdivision Phase 2 City of College Station APPLICANT(Primary Contact for the Project): Name : Matthew Moore E-Mail : matthewhmoore@gmail.com Street Address : 4401 spring branch ct City : College Station State TX Zip Code :77845 Phone Number:979-412-3499 Fax Number: 979-690-1499 PROPERTY OWNER'S INFORMATION (if different from above): Name E-Mail Street Address City State Zip Code Phone Number Fax Number The applicant has prepared this application and certifies that the facts stated herein and 4 exhibits attached hereto are true and correct. C3f06? CS) Signature of Owner Date - 3 - js/c/forms/encrochl 4/8/2008 76 APPLICATION FOR A LICENSE TO ENCROACH Date:04/8/2008 Location of public utility easement to be encroached upon: Eastern most portion of the 20' P.U.E & D.E. Property Owner's Name & Address: Matthew Moore Property Owner's Phone Number: 979-412-3499 TO THE MAYOR AND CITY COUNCIL OF THE CITY OF COLLEGE STATION: The undersigned hereby makes application for a License to Encroach the above public utility easement particularly described in Exhibit No. 1, attached. In support of this application, the undersigned represents and warrants the following: 1. The undersigned will hold the City of College Station harmless, and indemnify it against all suits, costs, expenses, and damages that may arise or grow out of such License to Encroach. 2. Attached, marked Exhibit No. 1, are two sealed copies of the metes and bounds description of that portion of the public utility easement sought to be encroached upon, prepared by a Registered Public Surveyor. 3. Attached, marked Exhibit No. 2, are two copies of a plat or detailed sketch of the public utility easement sought to be encroached upon and the surrounding area to the nearest streets in all directions, showing the abutting lots and block, and the subdivision in which the above described public utility easement is situated, together with the record owners of such lots. 4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the License to Encroach. 5. Attached, marked Exhibit No. 4, is the consent of the City of College Station staff to the License to Encroach. 6. Attached, marked Exhibit No. 5, is the consent of all the abutting property owners, except the following: (if none, so state) - 4 - js/c/forms/encrochl 4/8/2008 77 7. A License to Encroach the public utility easement should be granted because: 1. There is sufficient space to work or service the buried reinforced concrete pipe and other utilities. 2. There will be no additional phases in the subdivision in which additional services will be required 3. The residence is completed and does not prevent any clear obstruction to prevent servicing of other customers 4. The property location at the end of the cul de sac does not affect the view or vista of the adjoining neighbors. 8. Such public utility easement has been and is being used as follows: As a drainage easement for buried reinforced concrete pipe, telephone, cable, gas services are installed at this time for this residence. I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief. Applicant's Signature: 71 Latattli V Applicant's Name: N)*f-Hio o,A.e Applicant's Address: 44-0L .Spriv� ,grN,k'c( (/--- Applicant's Phone Number: 97'1 4-12- 3#11. STATE OF TEXAS ) ACKNOWLEDGMENT COUNTY OF BRAZOS ) Subscribed and sworA to bOprip me, o:a�y lic, this ''day of t1 , 20 , by y � " n V U I r°1PpY.p4' GINA SOUTHER LAND 4 IL, V 0/10—' 1, _ i, s NOTARY PUBLIC xas ate ' of h+Comm•Exp 08-30 2009 - 5 - js/c/forms/encro' ".. 4/8/2008 78 Notary Public in and for the State of Texas - 6 - js/c/forms/encrochI 4/8/2008 79 Application for License to Encroach a Public Utility Easement Located: 4401 Spring Branch Ct College Station, TX 77845 EXHIBIT NO. 1 Attached are two sealed copies of the metes and bounds description of that portion of the public utility situated in Phase 2 Spring Meadows Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be encroached upon. - 7 - js/c/forms/encrochl 4/8/2008 80 I o N 4 /// /1) • II1 / _ r 1 HNgo -3 a a a�n a .ol � � Z rr o a. „,. -- _ -_-__ice 2..-_--i �� Q weNo. t9 Y .1.51. S w 4a ea Sx 'go. .a W.x0901 71.61"901 .- 1 d' .+ m ^ yj ` - 1 O ► ►• U ) 'OY1"1'CI.C'(fq 11 ti 1 J O 3be p off'^ 0 1 a- • � 8 z .� • r o® ac lamp I .4a% o ' C cooa . 1 I . •o .52 NI- li .i'CI • 2 N m 1 � i o � .O W— 1. ILI p- 1 wl p73 V Q r / V ►`_ I 7 v -• �eo / �_I ,,if / 1 1 1. r I .y ��1• tt:/:. 44/.' ♦ \1 I � ." r1 J' •'1¢. p ft 23 'RI /..h- :h •3"0 a 'a'n'd .ox ��p �.a \ ..•/2 z !11P1 �`L�j�'+ o gra FYI X 3.9x.x5.lb N 71.01 9 ♦ x .X 7 .41 e W.bO'9 D. -o, C 1, •• 32 sap v Y Y egra : a).,,,o,..-. ? 4.....0 , § oY7f Y i� . o \ sr F WW 7d O ' :1I Q�O 0 a6 Application for License to Encroach a Public Utility Easement Located: 4401 Spring Branch Ct College Station, TX 77845 EXHIBIT NO. 2 Attached are two copies of a plat or detailed sketch of the public utility easement sought to be encroached upon in the above-mentioned application, showing the surrounding area to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the public utility easement sought to be encroached upon is situated, and the addition or subdivision in which the portion of the public utility easement sought to be encroached upon is situated. Also, the names of record owners of the abutting lots are shown. -8 - js/c/forms/encroch I 4/8/2008 83 PeCEIVED 04/09/2099 1S:16 9756901499 i�IVERHILL HOMES APR-09-200$ WED 02 31 PM "0X COMMUNICATIONS FAX No. 9 '11411 P. 001 Application for License to Encroach a Public Utility Easement � Located: • •of � ;�v• 'i-rt•,c h Cil" Co�� -8 .f�, id,„ ry �� SA0o,1 EXHIBIT NO.3 The underslggned pelic utit1v1letyfrcomct hpaniesw,ituhshoCf ColluseSuander he t tper rms and_ oLritcoennsoefproevpisolnicsuotiliotyureasmecnt souagnhtoisese encroaecheduopon In Appliocantionafo to Encroach above referred to, do hereby consent to the encroachment of the described portion thereof. ATMOS ENERGY Bl' f ti)04 Title i• ' c VERIZON TELEPHONE COMPANY A417.1 SUDDENLIN�K�COMMUNICATIONS BY / ,, Title BRY• - ' UT IES BY: Suss Title Oi,.:.. AL. _ �u{ �Swis .ets.y • -a- .WcJfonns/mcrochl 1/29/207 Tia/Tia 'ac1WA C41hhIflI- mTl-INIATN C.C.h Tt7�QC./G TT'CT QfA Gil/C,fl It 1 84 04/21/2008 09:58 FAX 979 764 3452 COLLEGE STATION PUB.UTL. - DEV SERVICES 2001/002 Application for License to Encroach a Public Utility Easement Located: t 5' v $ya Fth (1- Ipaet - oii -31 &k ! 1, 9 C 1Yoce Walt rifuS ItisLtrIti EXHIBIT NO. a The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for License to Encroach the public utility easement referred to above from the standpoint of City of College Station ordinances and with respect to present and future needs of the City of College Station and see no objection to the requested license from the City's standpoint. ' Enginer BçA4. g Official ity of Coll ge Station City of College Station Zoning OfficTAI Fire Marshal City of College Station City of College Station ��- - ©', Electric Department epartment City of College Station City of Coll-ge 'tation js/drorms/encrahi 10- 4/S/200$ 85 04/16/2008 12:48 FAX 979 764 3452 COLLEGE STATION PUB.UTL. Z001 Application for License to Encroach a Public Utility Easement r�p� Located. i 1 5'j lig c L. i /1 '. ' lo'' i• 1t� t7`� - �16c� L 90 TYase i3V n9 fillDkASL�SZ� EXHIBIT NO. 4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for License to Encroach the public utility easement referred to above from the standpoint of City of College Station ordinances and with respect to present and future needs of the City of College Station and see no objection to the requested license from the City's standpoint. City Engineer Building Official City of College Station City of College Station Zoning Official Fire Marshal City of College Station City of College Station lectrio'De rtmen Water Services Department City of Co ge Station City of College Station - 10- urorms/oncrOch] oncos 86 Application for License to Encroach a Public Utility Easement Located. ;.► 511 &,.1 41\10' ' 1' - -PiG1G I o T1n0se $p119 ',go 1U(SL'2'L EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for License to Encroach the public utility easement referred to above from the standpoint of City of College Station ordinances and with respect to present and future needs of the City of College Station and see no objection to the requested license from the City's standpoint. City-Engineer Building rcial City of College Station City of College Station Zoning War-7- Fire Marshal City of College Station City of College Station EFctric Department ater Services partrnent City of College Station City of College Station - 10- a s'ia`n as o'ct`}'1 87 •Tian auT4 Cl COYC b9L 6L6 %Vd T'S:1T NOW 90/$T/b0 Application for License to Encroach a Public Utility Easement Located: EXHIBIT NO. 5 The undersigned, owners of property abutting upon that portion of the public utility easement named and described in the Application for License to Encroach a Public Utility Easement referred to above, do hereby consent to such license. !' fl NAME: _://)•:' frn1r� L 1 ADDRESS: 7 Ct. , t - - 'i(. -1-1(44-S NAME: )/0A- itt.t4A.;41." . ADDRESS: 440 5p/-1 , Or C1-- S 11 17r-4 NAME: ADDRESS: NAME: ADDRESS: - 11 - js/c/forms/encrochl 4/8/2008 88 Council Agenda Planning Calendar City of College Station Page 1 of 3 Council Agenda Planning Calendar City of College Station Column Description Legal Codes (blank) no legal work identified Column 1: Director AFA Advanced Funding Agreement Column 2: Item Description CO Change Order Column 3: Strategic Plan GA Grant Application Column 4: Legal Codes ILA Interlocal Agreement MOU Memorandum of Understanding NS Non-Standard Contract 0 Ordinance R Resolution (other that Standard Contract) Date: 4/24/2008 R-S Resolution for Standard Contract 5/8/2008 Legal Review Deadline(Noon): 4/22/2008 Coversheet Deadline(7am):4/28/2008 Workshop Session B. Roper Brazos Valley Wide Area Communications System Governance Agreement Update J. Kersten CAFR Audit D. Gwin B/CS CVB Quarterly Performance Briefing Consent M. Smith AFA SH30 Widening AFA C. Gilman Municipal Court Renovations Contract R C. Gilman Bee Creek Change Order CO C. Gilman West Park Change Order CO C. Gilman Project Presentation/Public Hearing Resolution R Regular Session M. Smith * 08-83 (Abandonment) College Hills Elementary 1101 Williams Street standard 20' PUE C. Gilman Bike Loop Presentation B. Cowell * 08-59 (PDD CP) South Hampton Ph. 2; SH 6 S; 10 PDD lots; 3.208 acres B. Cowell * 08-57 (CPA) Creek Meadows; near Greens Prairie Trails; 293.233 0 acres; Rural to Planned Dev'l. B. Cowell * 08-54 (CPA) 3690 &3695 Longmire Dr.; 14.147 acres; SF res. med. 0 den. to retail n'hood &office B. Cowell * 08-51 (Rez) 1300 Harvey Mitchell Pkwy.; 14 acres; readjust MF&A- http://www2.cstx.gov/cc/Reports/view.asp http://www2.cstx.gov/cc/Reports/view.asp 4/24/2008 Council Agenda Planning Calendar City of College Station Page 2 of 3 0 boundaries B. Cowell * 08-49 (Rez) 3180 Cain Rd.; 10.434 acres; A-0 to R-3 0 B. Cowell * 08-48 (Rez) 2950 Rock Prairie Rd. W.; 13.416 acres; A-0 to R-3 0 B. Cowell * 08-61 (CPA) Rock Prairie Rd. W; 3.0 acres; SF medium density to 0 SF high density 5/22/2008 Legal Review Deadline(Noon): 5/6/2008 Coversheet Deadline(7am): 5/12/2008 Workshop Session J. Kersten Budget Amendment D. Gwin RVP Quarterly Performance Briefing Consent R. B. Alley Fire Department Grants Regular Session G. Brown Atmos Franchise Fee Increase B. Cowell 08-80 (CPA) 1250 Harvey Mitchell Parkway S. - Industrial R&D to 0 Residential Attached 6.20 acres B. Cowell * 08-38 (Rez) Great Oaks; 3998 Rock Prairie Rd.; A-0 to R-1 and A- 0 0; 224.53 acres B. Cowell * 08-35 (Rez) BCS Development Tract; 450 William D. Fitch; A-0 to 0 R-1; 75.07 acres ----i— 440( i-5 6/12/2008 Legal Review Deadline(Noon): 5/27/2008 Coversheet Deadline(7am):6/2/2008 Workshop Session D. Gwin Future Housing Strategies Regular Session B.Cowell * 08-56 (PDD CP) Creek Meadows; near Greens Prairie Trail; 293.233 0 acres; A-0 to PDD B. Cowell * 08-52 (Rez) 3690 &3695 Longmire Dr.; 14.147 acres; A-0 to A-P& 0 C-3 6/26/2008 Legal Review Deadline(Noon): 6/1.0/2008 Coversheet Deadline(7am): 6/16/2008 http://www2.cstx.gov/cc/Reports/view.asp 4/24/2008 Council Agenda Planning Calendar City of College Station Page 3 of 3 http://www2.cstx.gov/cc/Reports/view.asp 4/24/2008 04/21/2008 09:58 FAX 979 764 3452 COLLEGE STATION PUB.UTL. 3 DEV SERVICES 1j001/002 Application for License to Encroach a Public Utility Easement Located. 6, 1 51i O l i 1 LW 1,111k- EXHIBIT 11tiEXHIBIT NO. 4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for License to Encroach the public utility easement referred to above from the standpoint of City of College Station ordinances and with respect to present and future needs of the City of College Station and see no objection to the requested license from the City's standpoint. lIng O iff cial - /C ‘4 4 Engine r BUii ' " City College Station of ity of College Station Zoning OfficN Fire Marshal City of College Station City of College Station c. - ac. Electric Department Wats-,T cervi'-s .epartment City of College Station City of Coll-ge "tation - 'ia- js/c/forms/cncrochl 4/812008 04/16/2008 12:48 FAX 979 764 3452 COLLEGE STATION PLB.UTL. 1Z1001 Application for License to Encroach a Public Utility Easement Located. r. l 5►1 1J rR l 1 a l�' � ,i - 'M4CL I L 9 D ?Ma 8'p n9 1\404'6Un.S 1“31,11A- EXHIBIT “31,11A..EXHIBIT NO. 4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for License to Encroach the public utility easement referred to above from the standpoint of City of College Station ordinances and with respect to present and future needs of the City of College Station and see no objection to the requested license from the City's standpoint. City Engineer Building Official City of College Station City of College Station Zoning ()MET Fire Marshal City of College Station City of College Station �., 4% lectri a rtmen Water Services Department City of Co ege Station City of College Station - 10- js/c/1'6rms/encroch] 4/8/2008 Application for License to Encroach a Public Utility Easement Located. • 1 5+1 •i , , L I ►l\'I' /, �d GIS 910 ?lyse r9ikk 04 nits . Ps ms Lot EXHIBIT NO. 4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for License to Encroach the public utility easement referred to above from the standpoint of City of College Station ordinances and with respect to present and future needs of the City of College Station and see no objection to the requested license from the City's standpoint. ity n ineer Building ficial City of College Station City of College Station Zoning C ficial Fire Marshal City of College Station City of College Station lectric Department Water Services Department City of College Station City of College Station js/c/forms/cncroch1 1 4/$1200$ ulnaLddQ mid SD COC 179L 6L6 XVd TS:VT NON 8O/VT/t0 o y Oc-No \ '.1"11 rAI - A Z D - Z = O Z0. , No n 70 A rnnz y g _1 / \ GF `` �DZa R 2 PI c• 0 OD V 71 �p JO � 8T ; �\ y D 7 7 �- ,p T A gg '• gg sy cT A.' 9- 96. F. o8,.Q3 DZ 5 O 71'> rn O •fry t �T g ). ♦ c b. F 6 TOOJ n X N ST R y Bz. 'P ,;Piig K K 1 a g2 m bZ r9 A .•-,0:•. / M 6.04'M 7......' ♦ 6.10'R N 4V52'U E R f ` - 1�1 ♦ t• ptiy co -m 20' P.U.E. C D.E. do •,_.� O ig _q n ,• •,,- . . • .V 40 'y q (• MA I ♦ O \ /gig 4 • „ . . ? 4 : • . e os � ..o-t• ♦ 01‘ 0 10\ p C I =o • .,a .' a� r� cs 7C ro rn -,-, . . rnp N I -rn O -; . © 121.2.'''.•N a 0 l0 O O 0 c,_ .70 0 © ti \� < rn r o r 1.1'1:•-.. �' ` 2 N y d "� ♦ e r" Rk 7020 re I FC' c ; s o . > OOm I 01`" �\ tido ml „ _m p T — mgt g rn rn PP 'c. Eg I v .zo-i f �o� o _ �g _ Ti•"�.s'e.�.aco. a IT -I ' 104.15'R 106.02'M 4. '>xC 6. o>Xp A 77q +• _ __ __ 5 41•51_58'W R __ _ t- rn < a �JU1 j D mg otouln 11 Z 10' P.U.E. t D.E. .r fo. Z_ /// = 1 O / 3 7 #— _ 7p r 1 -�_ 5 PU.E / // 0 N / 1 I1,0 0 1 (' I / A1C akitt\dj Clet.. miata 1 A671^'l6 6Y(60'Ar4f = 2, 40 RESOLUTION NO. 5-22-08-2i A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A LICENSE . AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND APPLICANT, MATTHEW MOORE, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 20, BLOCK 1, SPRING MEADOWS PHASE 2 SUBDIVISION, MORE COMMONLY KNOWN AS 4401 SPRING BRANCH COURT, INTO THE EASEMENT. WHEREAS, the City of College Station, has received an application for a license to encroach into a public utility easement and drainage easement; WHEREAS, the City of College Station has enacted Ordinance No. 1645 regulating, controlling and governing encroachments; WHEREAS, in order for a license to be granted by the City Council of the City of College Station, the Council must make certain findings of facts; WHEREAS, after hearing the application of MATTHEW MOORE to encroach into the easement, the City Council of the City of College Station, finds the following facts: 1. That there are no utilities which would be interfered with by the utilization of the property in its present status. 2. That there are no utilities which would interfere with the utilization of the property in its present status. 3. That the structure intrudes into the easement to such a degree that it is not economically feasible to remove the part of the structure within the easement. 4. That the land use in the neighborhood appears to be stable and the use to which this property is being put is not likely to change within the foreseeable future and is similar to the use to that of the neighborhood; WHEREAS, the applicant agrees to accept the terms of the License Agreement as presented to him; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: I. That the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: 1. It is not economically feasible to remove the part of the structure within the easement area does constitute special circumstances and conditions affecting the property which if not take into consideration would deprive the applicant of the reasonable use of his property. 2. The fact that the land use is not likely to change within the foreseeable future and that it is not economically feasible to remove the part of the structure within the easement does provide a basis for granting the license necessary for the preservation and enjoyment of the substantial property right of the applicant. RESOLUTION NO. 5-22-08-2i Page 2 . 3. The fact that the use of the easement area by the property owner does not interfere with the utilities or access to the utilities and is not detrimental to the public health, safety or welfare or injurious to the property in the area; and II. That the Mayor is hereby authorized to execute on behalf of the City of College Station a License Agreement with MATTHEW MOORE pertaining to the encroachment of a portion of a structure located at Lot 20, Block 1, Spring Meadows Phase 2 Subdivision, more commonly known as 4401 Spring Branch Court, into the easement area. The terms of said License Agreement are as set forth in the form which is attached hereto as Exhibit "A" and incorporated herein by reference for all purposes. III. That this Resolution shall become effective immediately upon adoption. PASSED and APPROVED this 22nd day of May , 2008. A TEST: APPROVED: ii ity Secretary Mayor APPROVED: City Attorney Resolution No. 5-22-08-2i LICENSE AGREEMENT THE STA 1'b; OF TEXAS * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS That the City of College Station (hereinafter referred to as "LICENSOR"), acting through the undersigned official who is so empowered by resolution of the City Council to so act in consideration of the agreement made herein by MATTHEW MOORE (hereinafter referred to as "LICENSEE"), owner of Lot 20, Block 1, Spring Meadows Phase 2 Subdivision, College Station, Texas, according to the plat recorded in Volume 5838, Page 177 of the Official Records of Brazos County, Texas, hereby grants a license to the said LICENSEE to permit a portion of a structure located on a portion of Lot 20, Block 1, Spring Meadows Phase 2 Subdivision, College Station, Texas, to encroach upon the easement, as shown on Exhibit "A" attached hereto and incorporated herein by reference for all purposes, owned and occupied by the City of College Station, Brazos County, Texas, but such improvements shall be at all times under and not in contact with any electric, water, sewer, or other utility, or equipment, or interfere in any way with such utility, including any drainage structures which are servicing the improvements and other property, and subject to the following terms and conditions: Neither the granting of the license, nor any related permit, constitutes an abandonment by LICENSOR of its property, easement or easements, or any other rights in and to the above- described property. LICENSEE expressly stipulating and agreeing by LICENSEE's acceptance of this license that LICENSEE neither asserts nor claims any interest or right of any type or nature whatsoever,legal, equitable or otherwise in or to LICENSOR's property. LICENSEE hereby expressly covenants, stipulates and agrees, without limitation, to indemnify and defend the LICENSOR and hold it harmless from any and all liability, claim, cause of action, and cost, including attorneys' fee, and including any acts or omissions of the LICENSOR, its officers, agents, and employees,which may grow out of or be attributable to the granting by the LICENSOR of said license and any supplemental license which may hereafter be issued in connection herewith including any inspections which may be conducted in connection with or pursuant to said license or any supplemental license. LICENSEE, at its own expense, shall restore or cause to be restored the subject property to as good a condition as existed prior to construction of the improvements which are the subject of this License Agreement. LICENSEE shall pay all costs of relocation of any public utilities or facilities that may be incurred as a result of the proposed construction or actual construction. LICENSEE agrees to comply with all laws and ordinances in the construction and maintenance of said improvements. LICENSOR retains the right, but not the obligation, to enter upon the land to which this license applies and at LICENSEE's expense to remove any structure or improvements or alterations thereon upon the determination by LICENSOR that such removal is necessary for exercising LICENSOR's rights or duties in regard to said easement, or for protecting persons or property, or public interest in regard to said easement. This license, until its expiration or revocation, shall run with the title to the above-described real property, and the terms and conditions hereof shall be binding upon subsequent owners or holders thereof. LICENSEE shall cause any immediate successors in interest to have factual notice of this License Agreement. This license shall expire automatically upon removal of the improvements located upon the property pursuant to this license, and shall expire as to any portion of said improvements upon the removal, whether or not all of the proposed improvements are removed. This license is revocable by the LICENSOR upon the occurrence of any of the following conditions or events: A. LICENSEE or its successors or assigns have failed to comply with the terms of the granting of the license; or B. The improvements located thereon or any portion of them interfere with the rights of the LICENSOR or the public in or to LICENSOR's property; or C. The use of the licensed area becomes necessary for a public purpose; or D. Said improvements or a portion of them constitute a danger to the public which is not remediable by maintenance or alteration of the said improvements; or tic:\documents and settingsltmcnuttllocal settingsltemporary internet frleslcontent.ie5V n5d86m3lexhibit_a_revised[1].doc 5/27/2008 Resolution No. 5-22-08-2i E. Said improvements or a portion of them have expanded beyond the scope of the license; or F. Maintenance or alteration necessary to alleviate danger to the public has not been made within a reasonable time after the dangerous condition has arisen. This license shall be effective upon the acceptance of the terms hereof by the LICENSEE, as indicated by the signature of LICENSEE. The license shall be filed of record in the Official Records of the County Clerk of the Brazos County Courthouse. APPROVED this the day of , 200 . APPROVED: APPROVED: MATTHEW MOORE, CITY OF COLLEGE STATION, LICENSEE LICENSOR BY: BY: MATTHEW MOORE Mayor ATTEST: City Secretary STATE OF TEXAS ) ) CORPORATE ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the day of , 200 , by , as Mayor of the City of College Station, a Texas Municipal Corporation, on behalf of said Corporation. Notary Public in and for the State of TEXAS STA 1L OF TEXAS ) ) CORPORA 1'h ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the day of 200_, by as of on behalf of said Notary Public in and for the State of Texas -2 - t Ic:\documents and settings)tmcnutt\local settings\temporary Internet files\content.ie511 n5d86m31exhib,t_a_revised[1].doc .5/27/2008 Resolution No. 5-22-08-2i LICENSE AGREEMENT THE STATE OF TEXAS * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS That the City of College Station (hereinafter referred to as "LICENSOR"), acting through the undersigned official who is so empowered by resolution of the City Council to so act in consideration of the agreement made herein by MATTHEW MOORE (hereinafter referred to as "LICENSEE"), owner of Lot 20, Block 1, Spring Meadows Phase 2 Subdivision, College Station, Texas, according to the plat recorded in Volume 5838, Page 177 of the Official Records of Brazos County, Texas, hereby grants a license to the said LICENSEE to permit a portion of a structure located on a portion of Lot 20, Block 1, Spring Meadows Phase 2 Subdivision, College Station, Texas, to encroach upon the easement, as shown on Exhibit "A" attached hereto and incorporated herein by reference for all purposes, owned and occupied by the City of College Station, Brazos County, Texas, but such improvements shall be at all times under and not in contact with any electric, water, sewer, or other utility, or equipment, or interfere in any way with such utility, including any drainage structures which are servicing the improvements and other property, and subject to the following terms and conditions: Neither the granting of the license, nor any related permit, constitutes an abandonment by LICENSOR of its property, easement or easements, or any other rights in and to the above- described property. LICENSEE expressly stipulating and agreeing by LICENSEE's acceptance of this license that LICENSEE neither asserts nor claims any interest or right of any type or nature whatsoever, legal, equitable or otherwise in or to LICENSOR's property. LICENSEE hereby expressly covenants, stipulates and agrees, without limitation, to indemnify and defend the LICENSOR and hold it harmless from any and all liability, claim, cause of action, and cost, including attorneys' fee, and including any acts or omissions of the LICENSOR, its officers, agents, and employees, which may grow out of or be attributable to the granting by the LICENSOR of said license and any supplemental license which may hereafter be issued in connection herewith including any inspections which may be conducted in connection with or pursuant to said license or any supplemental license. LICENSEE, at its own expense, shall restore or cause to be restored the subject property to as good a condition as existed prior to construction of the improvements which are the subject of this License Agreement. LICENSEE shall pay all costs of relocation of any public utilities or facilities that may be incurred as a result of the proposed construction or actual construction. LICENSEE agrees to comply with all laws and ordinances in the construction and maintenance of said improvements. LICENSOR retains the right, but not the obligation, to enter upon the land to which this license applies and at LICENSEE's expense to remove any structure or improvements or alterations thereon upon the determination by LICENSOR that such removal is necessary for exercising LICENSOR's rights or duties in regard to said easement, or for protecting persons or property, or public interest in regard to said easement. This license, until its expiration or revocation, shall run with the title to the above-described real property, and the terms and conditions hereof shall be binding upon subsequent owners or holders thereof. LICENSEE shall cause any immediate successors in interest to have factual notice of this License Agreement. This license shall expire automatically upon removal of the improvements located upon the property pursuant to this license, and shall expire as to any portion of said improvements upon the removal, whether or not all of the proposed improvements are removed. This license is revocable by the LICENSOR upon the occurrence of any of the following conditions or events: A. LICENSEE or its successors or assigns have failed to comply with the terms of the granting of the license; or B. The improvements located thereon or any portion of them interfere with the rights of the LICENSOR or the public in or to LICENSOR's property; or C. The use of the licensed area becomes necessary for a public purpose; or D. Said improvements or a portion of them constitute a danger to the public which is not remediable by maintenance or alteration of the said improvements; or tic:(documents and settingsltmcnuttllocal settingsltemporary internet ftleslcontent.ie511 n5d86m31exhibit a revised(IJ.doc 5/27/2008 Reso�u sw jO. 5—LL-08-2i E. Said improvements or a portion of them have expanded beyond the scope of the license; or F. Maintenance or alteration necessary to alleviate danger to the public has not been made within a reasonable time after the dangerous condition has arisen. This license shall be effective upon the acceptance of the terms hereof by the LICENSEE, as indicated by the signature of LICENSEE. The license shall be filed of record in the Official Records of the County Clerk of the Brazos County Courthouse. APPROVED this the day of , 200_. APPROVED: APPROVED: MATTHEW MOORE, CITY OF COLLEGE STATION, LICENSEE LICENSOR BY: BY: MATTHEW MOORE Mayor ATTEST: City Secretary STATE OF TEXAS ) ) CORPORATE ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the day of , 200_, by , as Mayor of the City of College Station, a Texas Municipal Corporation, on behalf of said Corporation. Notary Public in and for the State of TEXAS STATE OF TEXAS ) ) CORPORATE ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the day of 200_, by as of on behalf of said Notary Public in and for the State of Texas - 2 - tic:(documents and settingsltmcnuttllocal settingsltemporary Internet f:lesicontent.ie511n5d86m31exhibit_a_revised(1J.doc 5/27/2008