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HomeMy WebLinkAbout07-005000144ir 4FOR OFFICE USE ONLY P8Z CASE NO.: 07 — Ill CITY OFCOME STATION DATE SUBMITTED: i I t C 'b 7 PlarrogerDagieprontSerro a '(5 NC LICENSE TO ENCROACH APPLICATION MINIMUM SUBMITTAL REQUIREMENTS a $325.00 License to Encroach application fee. aA completed copy of the attached License to Encroach application.4 All exhibits processed (except for Exhibit No. 4, which will be processed by staff). ADDRESS 8 (I. E3 Tur+le I1 o c Loo 1p LEGAL DESCRIPTION L.vf LI ) hl oc(c aa r 6I rl e rcLid FC,rest, PkcrSc_ H - P> APPLICANT(Primary Contact for the Project): Name KPkrr .`Urpteyion, j LLC E-Mail StreetAddress50 3 C.hu rc -, City eA(D (ley ata '1 cm State Te>caL Zip Code 77e---(0 Phone Number , eo g - 3IQS Fax Number (oq(--ecio ci PROPERTY OWNER'S INFORMATION (if different from above): Name$(i t1S'4 41-craw s (- -6(-)n 14(6ern&r_ E-Mail Street Address 3Qi-( le 4 r bI Patz 21r, City is Il e \`(--Cc.'t-i o-v. State k>vQ 5 Zip Code 7 74"1-- — Phone Number b?0- 103 3 Fax Number The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true and correct. Sign- ' e of S er/ r Date 3 - js/c/forms/encroch 1 1/24/2007 APPLICATION FOR A LICENSE TO ENCROACH Date: So nuarq ;715, aoo 7 Location of public utility easement to be encroached upon: 34- Turtle Nc( Coop 1GCGS 7 Z f,1'Yl e-r la. e`a 1 Pko, (I- t Property Owner's Name &Address: ,(j risef 4a-m s 361y(0 >4 ncn1,p40 Dr) er1(eje .-4-(d- cm TX /M Property Owner's Phone Number: f s'° - I033 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/encroch 1 1/24/2007 7. A License to Encroach the public utility easement should be granted because: eine rocte,h ryt en+ 15 )),-6.5 a n lua re ems 0.4 mc_yci m um j 30E5 n0+ Qr 1 t kti LJtU—, P)CiS ; 5An. 5L,oef 8. Such public utility easement has been and is being used as follows: sSrinifaill d,ac1elm (i1'E I swear that all of the information contained in this ap• ' .tion is true and correct to the best of my knowledge and belief. Applicant's Signature: ke,:40 Applicant's Name: r Applicant's Address: ,r t S I 7700 Applicant's Phone Number: STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS ) Subscribed and sworn to befg.r me, a Not ry Public, this a day of nu4 200/ , by c G J, Ie,t 4c2 Ga„ ota Public in and for the ". ate of Texas PYO ° KATHERINE A. PAULSON5of js/c/forms/encrochl r; Ne My omlmies oneExpiExpires 1/24/2007 August 02,2010 Application for License to Encroach a Public Utility Easement Located: 3'-J N TUB--Ie ('coc f2 lin( EXHIBIT NO. 1 Attached are two sealed copies of the metes and bounds description of that portion of the public utility situated in Lc>+ 'f Mock Erne-fl3i P0c,s( Phc s U- 13 Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be encroached upon. 6 - js/c/forms/encroch 1 1/24/2007 ENCROACHMENT NO. 1 METES AND BOUNDS DESCRIPTION OF A 4.87 SQUARE FOOT TRACT PORTION OF LOT 4,BLOCK 22 EMERALD FOREST,PHASE 11-B COLLEGE STATION,BRAZOS COUNTY,TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN COLLEGE STATION,BRAZOS COUNTY,TEXAS. SAID TRACT BEING A PORTION OF LOT 4, BLOCK 22,EMERALD FOREST,PHASE 11-B,ACCORDING TO THE PLAT RECORDED IN VOLUME 5711, PAGE 177 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEINIG A PORTION OF A CALLED 15.00 FOOT WIDE SANITARY SEWER EASEMENT TO THE CITY OF COLLEGE STATION RECORDED IN VOLUME 322,PAGE 485 OF THE DEED RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF TURTLE ROCK LOOP 50'RO.W.)MARKING THE EAST CORNER OF SAID LOT 4 AND THE NORTH CORNER OF LOT 3,BLOCK 22; THENCE: S 44°58'51"W ALONG THE COMMON LINE OF SAID LOT 4 AND LOT 3 FOR A DISTANCE OF 40.30 FEET TO A POINT,FOR REFERENCE A 5/8 INCH IRON ROD FOUND MARKING THE SOUTH CORNER OF SAID LOT 4 BEARS: S 44°58'51"W FOR A DISTANCE OF 89.71 FEET; THENCE: N 45° 01' 09" W THROUGH SAID LOT 4 FOR A DISTANCE OF 8.07 FEET TO AN EXISTING BUILDING CORNER MARKING THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: THROUGH SAID LOT 4 FOR THE FOLLOWING CALLS: S 50°34'41"W ALONG A SOUTHEAST LINE OF SAID BUILDING FORA DISTANCE OF 7.91 FEET TO A POINT ON THE NORTHWEST LINE OF SAID EASEMENT; N 41°43'37"E ALONG THE NORTHWEST LINE OF SAID EASEMENT FOR A DISTANCE OF 8.00 FEET TO A POINT ON A NORTHEAST LINE OF SAID BUILDING S 39°38' 57"E ALONG SAID NORTHEAST LINE OF SAID BUILDING FOR A DISTANCE OF 1.23 FEET TO THE POINT OF BEGINNING CONTAINING 4.87 SQAURE FEET OF LAND AS SURVEYED ON THE GROUND JANUARY, 2007. SEE PLAT PREPARED JANUARY, 2007, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON THE PLAT CALL BEARINGS OF EMERALD FOREST,PHASE 11-B, 5711/177. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No.4502 Y,4 yr j; D:/WORK/MAB/07-034A.MAB A t _ •... '`,, GR D c :R aeaer000eo aecoa e© . 4502 v Cj:f ti Y£i y 3j' ENCROACHMENT NO.2 METES AND BOUNDS DESCRIPTION OF A 0.56 SQUARE FOOT TRACT PORTION OF LOT 4,BLOCK 22 EMERALD FOREST,PHASE 11-B COLLEGE STATION,BRAZOS COUNTY,TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN COLLEGE STATION,BRAZOS COUNTY,TEXAS. SAID TRACT BEING A PORTION OF LOT 4, BLOCK 22,EMERALD FOREST,PHASE 11-B,ACCORDING TO THE PLAT RECORDED IN VOLUME 5711, PAGE 177 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEINIG A PORTION OF A CALLED 15.00 FOOT WIDE SANITARY SEWER EASEMENT TO THE CITY OF COLLEGE STATION RECORDED IN VOLUME 322,PAGE 485 OF THE DEED RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF TURTLE ROCK LOOP 50'R.O.W.)MARKING THE EAST CORNER OF SAID LOT 4 AND THE NORTH CORNER OF LOT 3,BLOCK 22; THENCE: S 44°58'51"W ALONG THE COMMON LINE OF SAID LOT 4 AND LOT 3 FOR A DISTANCE OF 62.03 FEET TO A POINT,FOR REFERENCE A 5/8 INCHIRON ROD FOUND MARKING THE SOUTH CORNER OF SAID LOT 4 BEARS: S 44°58'51"W FOR A DISTANCE OF 67.98 FEET; THENCE: N 45° 01' 09" W THROUGH SAID LOT 4 FOR A DISTANCE OF 7.64 FEET TO AN EXISTING BUILDING CORNER MARKING THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: THROUGH SAID LOT 4 FOR THE FOLLOWING CALLS: S 50°34'41"W ALONG A SOUTHEAST LINE OF SAID BUILDING FOR A DISTANCE OF 2.69 FEET TO A POINT ON THE NORTHWEST LINE OF SAID EASEMENT; N 41°43'37"E ALONG THE NORTHWEST LINE OF SAID EASEMENT FOR A DISTANCE OF 2.72 FEET TO A POINT ON A NORTHEAST LINE OF SAID BUILDING S 39°38' 57" E ALONG SAID NORTHEAST LINE OF SAID BUILDING FOR A DISTANCE OF 0.42 FEET TO THE POINT OF BEGINNING CONTAINING 0.56 SQAURE FEET OF LAND AS SURVEYED ON THE GROUND JANUARY, 2007. SEE PLAT PREPARED JANUARY, 2007, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON THE PLAT CALL BEARINGS OF EMERALD FOREST,PHASE 11-B,5711/177. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No.4502 DIWORK/MAB/07-034B.MAB l' ; k gin' L 4 Application for License to Encroach a Public Utility Easement Located: gAg —rut r+ e ;c(2 czo 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. 7 - js/c/forms/encroch1 1/24/2007 N Cn D Nm m 0 N o M G o c I I o 0 z O(c`'PJ- 0 F N N OOA 1/45. zS0 7Rs,00 D N 571 / oo` o ^\ 0 K 0 z 01,0 2, 0 CO o 0 N Co N Nr rn ,--CO 4, w N M Z N 0 O N NJ -• CO V -- INNcoUO - z N Z NMVmm,„ CAO'im NCDZCDCDzCDm m a O (W0 ? Cr. > NR° CO r- CrI J N rn L., u > COow LA .ZD7 r-0 N O-I FO NJ o 4i Ui C.f 0 V: Y V =C Z Tti CA 0c°°n z? mm * m m * m N D o N Nm xi C Z. o O cn I--owowr rr t!T+ N atm n N 0 mM enm 0 i 1k, 0 O D {Ctetto a. + o nay m r p DN 30 0 e z Nr- UC> _I C O Z m COW 3D zo>y) 1 zm mormmoommOozcr1O 4mom <m O m p C m0 mor— F mNxt co J (Tlm 00 -iZPT1rn 4 ` l! 713,_,-=' x ommm o 70 jU)0 -17))00 0zg Cn r ' lr "'" Voaam ,-...m m= Z7 (n 0 73N orL7z opzmxj 00 o D —'-,-I zc n 4 "` ri 4 iv F,-4.,- rt vo I It N Z mym V-,,,-„,`,.(1) O mx-oN -•. I VN I 0 C C mm mEn xG r a° I u, c oI cn 0 U) > I X)C y Vvl0 f wN 73 0-o I co O D W O zp3 0-'mz }, r°VyWo I -rl 9m A_'Ocurl* I ?Vom OmtnrDm 00 0 g-k v,Vxco Z 0 Vq O m0C_<m znzcn mz 1- J I N Z Y.zm V=0 qb co Nmz / X D U) V Feb 05 07 02: 34p p• 2 Jaii. ]1. [au/ tornE mea cnCnur Y/7 !!4 Lal{ no. !b9! r, L Application for License to Encroach a Public Utility Easement Located: * .f +l e- -KWIC0 a EK1-11BtT NO. The undersigned public ubttly vompturte .using or entitled 10 use.under the tarns andprovisionsofourrespectivefranchiseswiththeCityofCollegeStation.that Portion ofthepublicutilityeasementsoughttobeencroacheduponin en the Application ire c of for License to Encroachabovereferredto,do hereby consent the described portion thereof. Mm03 MI GAS COMPANY BY. A Me 1014 VERIZON TELEPHONE COMPANY BY: Title 5Udder) i Ilk C BY: Title t'1 JAN-26-2007 10:06 From:VERIZON ENGINEERING 9798221627 To 6918904 P.1/1 Jan 26 07 08t13a p.2 Application for License to Encroach a Public Utility Eavement Located: : JAN-26-2007 FRI 02:23 PM COX COMMUNICATIONS FAX No. 9797311411 P. 001 Jan 26 0'7 02:46p p.2 Application for License to. Encroach a Public Utility Easement Located: 846qw Thr let`cck_ (po P EXHIBIT NO. 3 The undersigned public utility cuinpenlee, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion ofthepublicutilityeasementsoughttobeencroacheduponintheApplicationforLicensetoEncroachabovereferredto,do hereby consent to the encroachment of the describedportionthereof. 105 NW GAS COMPANY BY: Title VERIZON TELEPHONE COMPANY BY: Title 5idfder) f,n15 c sr. jTitle • ... -. 6- 11/2/2002 80/90 39Vd 135 LN3hid073n30 5000 960E09C6L6 80:89 68 /&/98 JAN-29-2007 MON 04:55 PM FAX NO. P. 01 Application for License to Encroach a Public Utility Easement Located:INET1- ±VL '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 r quested license from the City's standpoint. City Engineer Building Official City of College Station City of College Station on Of-11c al Fire Marshal City of College Station City of College Station ElectricDepartment Water Services Department City of College Station City of College Station 9- ES cacirl 4:11CIV)01I I12Q?007 01/30/2007 09:35 FAX 979 764 3452 COLLEGE STATION PUB.UTL. j001 lam7 Application for License to Encroach a Public Utility Easement Located: '3(4%.--1-1144.t. 'fit Lure EXHIBIT NO. 4 The undersigned, City staff of the City of College Station, certify that they have carefullyconsideredtheApplicationforLicensetoEncroachthepublicutilityeasementreferred 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. C_;A `_01""City Engineer Building Official City of College Station City of College Station Zoning Official Fire Marshal City of College Station City of College Station n ZYa07 Electric Department ter Services Department City of College Station City of College Station 9- jsicrforms:'c,uroch i 1/ 9.2001 01/29/2007 16:47 FAX 979 764 3452 COLLEGE STATION PUB.UTL. ZI001 past-itm Fax Note 7671 Date Pages / To lir\+,..0,11 From-Tin3( Co./Dept. Co. Phone# Phone# Fax# 3 4c Fax# Application for License to Encroach a Public Utility Easement Located: `lagt,{- Lurp 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 tric *'-pertinent Water Services Department City of College Station City of College Station 9- jsicJromtiwencrocbI 1124120072007 Application for License to Encroach a Public Utility Easement Located: Nagil-ClAtt 12p6t, LGtrp EXHIBIT NO. 4 The undersigned, City staff of the City of College Station, certify that they have carefullyconsideredtheApplicationforLicensetoEncroachthepublicutilityeasementreferredtoabovefromthestandpointofCityofCollegeStationordinancesandwithrespectto 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 OfficialCityofCollegeStationCityofCollegeStation Zoning Official Fire City of College Station City of College Station Electric Department Water Services DepartmentCityofCollegeStationCityofCollegeStation jaicrtormsiencrocht 9- l!29'2007 TOOfj Jdda d2IId SO Ott 19L 6L6 XVd tT:LT NON L0/6Z/TO Application for License to Encroach a Public Utility Easement Located: g e P-6ek (06 p 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: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: 10 - js/c/forms/encrochl 1/24/2007 Flied For Record !n= BRAZOS COUNTY ttn: Mar 12r2007 at 12s 2.2F LICENSE AGREEMENT Asa Recordings THE STATE OF TEXAS * Document Number: 00956260 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS * Amount 19.0 Receipt Number - 311096 That the City of College Station (hereinafter referred to as "LICENSOR"),°seting through the undersigned official who is so empowered by resolution of the E `te&mcil to so act in consideration of the agreement made herein by JOHN ALBERNAZ (hereinafter referred to as LICENSEE"), owner of Lot 4, Block 22, Emerald Forest Phase 11-B Subdivision, College Station,• Texas, according to the plat recorded in Volume 5711, 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 4, Block 22, Emerald Forest Phase 11-B Subdivision, College Station, Texas, to encroach upon the easement, as shown on Exhibit "B" 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 he incurred ns 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. aidocumentl 2/26/2007 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 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 CountyCourthouse. APPROVED this thefld day of 200 7 APPROVED: APPROVED: CITY OF COLLEGE STATION, LICRN, E LICENSOR ir BY: A. . BY: 1 Joh ' .erna V Ron S ayor ATTEST:111& mug 4. 1i CONNIE HOOKS, City Secgetary ' 2 aldocumentl 2/26/2007 STATE OF TEXAS CORPORATE ACKNOWLEDGMENT COUNTY OF BRAZOS ) qy- This instru/ was c owledged before me on the c /_"day of 00/, by as Mayor of the City o College Sta n, a Texas Municipal Corporation, on behalf of said Corporation. Ilk NorIiiiir1.4141 '11°ria,. %'''': JAN SCHWARTZ 0;;; NOTARY PUBLIC No Public in and for 14State of Texas tate ofT E X A S r.t.a ";comm.Exp. 04-08-2010 STATE OF TEXAS INDIVIDUAL ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on thea% day of -e->C" 200-1 , by JOHN ALBERNAZ. 17-\ rte. .t.._ 1 ` t 0 INBORAH ANN GRACE. Notary Public in and for to o exas r,,1* NOTARY PUBLIC 44„:22Ae State Of Texas tea Comm Exp. 04-14-2009 3 - aldocumentl 2/26/2007 LICENSI_ AUREEMEN"1' 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 JOHN ALBERNAZ (hereinafter referred to as LICENSEE"), owner of Lot 4, Block 22, Emerald Forest Phase 11-B Subdivision, College Station, Texas, according to the plat recorded in Volume 5711, Page 177 of the Official Records of Brazos County, Texas, hereby grants a license to the said LICENSEE to permit a portion of a structurelocatedonaportionofLot4, Block 22, Emerald Forest Phase 11-B Subdivision, College Station, Texas, to encroach upon the easement, as shown on Exhibit "B" 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 v l, Il i lU llll 'dil rl_I IC 1cc, :111d including tn\ aCLJ V1. Un11Sjoons 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 arc 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. aldocu nentl 2/26/2007 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 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: CITY OF COLLEGE STATION, LICFN LICENSOR BY: tAg... BY: Joh • .erna V Ron Silvia,Mayor CONNIE HOOKS, City Secretary aldocameu11 2/26/2007 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 INDIVIDUAL ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on them day of met; 2001 , by JOHN ALBERNAZ. tEBORAH ANN GRACE. Notary Public in and forto o exas NOTARY PUBLIC 17A 64, NOTARY State of Texas tti_iLif gym. Exri. 04 14 2W97.h. aldocumenil 2/26/2007 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 JOHN ALBERNAZ (hereinafter referred to as LICENSEE"), owner of Lot 4, Block 22, Emerald Forest Phase 11-B Subdivision, College Station, Texas, according to the plat recorded in Volume 5711, 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 4, Block 22, Emerald Forest Phase 11-B Subdivision, College Station, Texas, to encroach upon the easement, as shown on Exhibit "B" 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. aldocumentl 2/26/2007 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 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: CITY OF COLLEGE STATION, LICENSEE LICENSOR BY: BY: John Albernaz Ron Silvia, Mayor ATTEST: CONNIE HOOKS, City Secretary 2 - aldocument! 2/16/2007 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 INDIVIDUAL ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the day of 200_, by JOHN ALBERNAZ. Notary Public in and for the State of Texas 3 - aldocumentl 2/26/2007 85.00l 1 t ;{ 1 91.50' 91.50' i._- 91.42' 86.64 IL IrtTY'ESMT I,III 20 r vi I 3 a M QWI - w I,1 0 i 7 p .. 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ALBERNAZ,JOHN J INC Owner Address: DBA SUNSET HOMES 3946 ARBOLEDA DR COLLEGE STATION,TX 77845-5065 Account Search Property Address: 8428 TURTLE ROCK LOOP Owner Search Address Search Property Data Parcel Information Legal Description: EMERALD FOREST#11-B,BLOCK 22,LOT 4 Detail Sheet Acreage: Cross Reference: 249000-1122-0040 History Undivided Interest: 100% Exemption Codes; Datasheet Entity Codes: C2(CITY OF COLL.STAT.) G1(BRAZOS COUNTY) S2(COLLEGE STATION ISD) Bills Deed Type: WARRANTY DEED Deed Book: 7275 Other Deed Page: 199 Map Page: 570-208 Taxing Units Neighborhoods Abstracts Land HS: 29,500+ Land NHS:0+ Subdivisions Improvement HS: 181,470+ Improvement NHS:0+ FORMS&APPLICATIONS Ag Market:0 Ag Use:0+ Timber Market:0 Timber Use:0+ Assessed: 210,970= ImprovementsII ID Type SPTB Segs Value Imp1 R(Residential) Al(Al-Residential Single Family) 4 181,470 Land ya,., ID Type SPTB Acres Market Land1 1(Homesite) Al(Al-Residential Single Family) 29,500 Ger itdta(y<,' AdobeAcrobat Reader 5.0(minimum)is required to view pdf documents.Acrobat Reader is a free program Reader available here. http://www.brazoscad.org/Appraisal/PublicAccess/PropertyDetail.aspx?PropertylD=127854... 2/5/2007 -····-.:..:~'?:~~:..~>::t:.:if ~~·~·····,· "'··"~·~,:;~';:..'.t'".1';,~~ ... :;,·,~.;,; ... ;,·,;/.~· ·~i·:·:~~~ .. ;~J.~~;.L •• ~ S99/!f~ THE ~'TATE OF TE:X.AS l I COUNrY OF BRAZOS I Know All Meli By These Presents: That Frank Dobrovolny and Mary N. Dobrovolny of the County of Brazos, State of Texas, f'or and in consideration of the sum of Three hundred four and 50/100 (.304@50) dollars, to ua, cash in hand paid by the City of College Station, Texas a municipal corporation in Brazos County, Texas, organized and existing under the laws of the State of Texas, the receipt of which is hereby a.cknow'l,edg·ed and confessed, have. ~ tscl, bargained, sold and conveyed and by these presents do grant, bargain, ell and convey unto the said City of College Station, Texas, its successo s and assigns, the rights, interests and privileges in the nature of an eas nt running with the land more particularly described hereinafter, o that certain tract or parcel of land lying and being altuated in Brazos C unty, Texas, and being more particularly de scribed as f ollcrW"s, towi t: Line A-1 Being that tract of land situ d in the CraW"ford Burnett League, Brazos County, Texas and 'being the land conveyed by James Jones et al to my father, Antone Dobrovolny, by deed dated October 25, 1880 and recorded in the Deed Records of Brazos County, Texas in Volume T, Page 398 to whlch reference is hereby made for detailed description and other pertinent purposes. Line B-1 Being that tract <)f' land situated in the J. E. Scott League, Brazos County, Texas and being the land conveyed by J. Fred Cox to my father, Antone Dobrovolny, by deE!d dated December 8, 1882 and recorded in the Deed Records of Brazos County, Texas in Volume W, Page 60.3 to which reference is hereby made for detailed description .and other pertinent purposes; and Being that tract of land situated in the J. E. Scott League, Brazos County, Texas conveyed by Hol~ et al to F. A. Dobrovolny by deed dated March 16, 1946 and recorded in the Deed Records of Brazos County, Te:xns in Volume 123, Page 251 to which reference is hereby ma.de for detailed description and other. pertinent purposes .• Line A Being that tract of land situated in the Morgan Rector League, Brazos County, Texas conveyed by Wm. Kapchinskie and wife, Helen Kapchinskie to Frank A. Dobrovolny by deed dated October 21, 1925 and recorded in the Deed Records of Brazos County, Texas in Volume 67, Page 363 to which reference is hereby made for detailed description and other pe~tinent purposes. · Line B Being that tract of land situated in the Morgan Rector League, Brazos CountyJ Texas conveyed by Wm. Kapchinskie and wife, Helen Y.apchinskie to Frank A. Dobrovolny by deed dated October 21, 1925 and recorded in the Deed Records of Brazos County, Texas in Volume 67, Page 363 to which reference is hereby made for detailed description and other pertinent purposes. The rights, interests and privileges in the nature of an easement running vith the land, hereinbefo:rE~ mentioned, a.re for the construction, extension, operation, maintenancei, replacement, and removal of sewer line or lines, together with the right or ingress, egress and regress upon and over said tract of land at all times and under a.11 reasonable conditions in order to carry out any or all of aforesa.:i.d purposes, said easement to be on a strip of land · fifty (50) feet in width with sewer line or lines down the center thereof for one year from date and fifteen (15) feet in width per.petually thereafter said easensnt to run and extend on, over and across said hereinbefore described tract of land specifi.citlly as follm.rs I FILED At/· K~ O'clock ~ DEG 1 2 \973 FRANK BORISKE ~unt! 9"4? !21•zos C51u111ty. Br~an, Texas S5384 I/ I, I H Ji LINE "A-1 1 i BEGINNING at a point in the common property line· between the Frank A. Dobrovolny . Property and the F. B. Clark Property. Said common property line being a south ;, l1n1:t of the Dobrov1>lny Property end a north line or the F. B. Clark Property. ·· Said point of beginning being 146 feet in a southwesterly direction measured ·. along above desoribed common prorarty line from the. common corner between the Dobrovolny Property and the Clark Property. Said common corner being in a vest line of the M>rgan Smith Property; THEMJE North 780 3.31 W1ent a distance or 449.6 feet; , THEN:;E North 520 .39 1 We1!1t a distance of 6~0.,3 ·feet1 and THE:t-JJE North 64° 531 Wee1t a distance of 478.3 feet to a point of exit in the 1 common property line be1~veen the Frank A. Dobro lny Property and the Steve 1 Holick Property. Said point of exit being .3, J. 5 feet in a southeasterly diNction along said Dobrovolny -Holfok pro rty line from a northvest corner 1 of the Dobrovolny Prop.,x•t7 in the south 1 of the A. & M. Consolidated School District Property. BEGINNING at a point in the West of State Highway No. 6. 1 Said right-of-vay line being an east property line of the Dobrovolny property. Said point of beginning being a distance of 1, 7.30 feet southeast along said vest r;i.ght-of-way of S1;ate Highway No. 6 from the south right-of-way line of Jersey Street. Said Jersey Street being a dedicated street in the City or College Station, Texas.. The intersection of said south righ~of-vay line or Jersey Street and said west righ~of-vay line of State Highway No. 6 being the northeast corner of aa:l.d Dobrovolny property; THEU::E South 740 46' West a distance of 125.9 feet; THEN:;E South 40° 111 West a distance of J22.7 feet; THEN:E North 69° J7' West a distance of 499.6 feet; THE:U::E South 620 52' Wes·t a distance of 852.4 feet to a terminal point for the int.ersection of two more lines. I ·I . 1, From said terminal point one line bears South 13° .30 1 West a distance of 544.1 , feat; and l THEN:E South 340 201 West a distance of 80~4 feet to a point of exit in the I , common property line between the Frank A. Dobrovolny Property and the A. & M. I ii Consolidated School District Property. Said property line being a west property/ . of said Frank A. Dobrovolny Property and the east property line of the A. & M. I Consolidated School District Property. Said point of exit being a distance of I 86.6 feet in a north"1est•!rly direction along said common property line from the southeast corner of said A. & M. Consolidated School District Property. 1 BEGINNING at above described terminal point a second line bears North 64° 49 1 West a distance of 258.2 feet; and THEN::E South 420 28' West. a distance of 481.9 feet to a.point of exit in the above described common pt•operty line between the Frank A. Dobrovolny Property and the A. & M. Consolidnted School District Propertya Said point of exit being a distance of 774.3 feet in a northwesterly direction along above des- cribed connnon property line from the above described southeast corner of said A. & M. Consolidated School District Property. I ii LINE "A" I\ 1: BEGINNING at a point in 1;he west line of the City or College Station Sewage . Treatment Plant Site. Si1id beginning point being twenty (20) feet North 45° :' West from the coinJDOn property line between the Jas. Carrie Property and the Fnnk A. Dobrovolny PropE1rty; .•I THEN:;E s,mth 43° )91 We1s1; a distftnoe of 884.9 reeltJ . .. ~-·· ·~. ' J _,, __________ /,,/,- I ·'· '. t ,,J Tm:n:;E So"1th 45° 31~' West a distance of l:,183 .feet; and THENCE South 690 :361 West a distance of 557.4 feet to a point of exit in the common property l:lr.le between the Frank A. Dobrovolny Property and the Ed Ks.pchiniakie Property. Said point of exit being about 239.5 feet in a north- westerly direction along said property line from the southeast corner of said Ed Kapchiniskie Pl"operty. LINE "B" -·i.,. Ii BEGINNING at a point in the north line of the City of College Station Sewage· " Treatment Plant Tract. Said point of beginning being 233. 5 feet North 450 :, East from the northwest corner of said City of ollege Station Sewage Treatment Plant Tract; THEtcE North 13° 1)1 THEtcE North 620 52' and THEUJE North ,360 41 1 West a dist nee f 72.6 feet to a point of' exit in the common property line between the A. Dobrovolny Property and the E. Jones . Property. Said poin·t of' exit be g 248 feet in a northeasterly direction along' ' said Dobrovoln;y-Jonea property line from the common corner between the Frank A. Dobrovolny Property-, the E. Jones Property and the Ed l{apchiniskie Property. SMRAGE TREATMENT PLANT OUTF AL'L LDIB: , BEGINNING at a point in the east line of the City of College Station Sewage i', Treatment Plant Sit.e., Said point of beginning being ten (lu) foet north or tne common property line between the Frank A. Dobrovolny Pro})t'rty and that tract of land mmed by the Jas. Carrie Heirs; . ' I. THENCE, in an easterJ.y direction parallel to and ten (lu) feet north or said conunon property line beween the Dobrovolny Property and the Carrie Property a distance ui' aoout 850 feet to Carter's C?'t!ek • vo~ACE487 ..