Loading...
HomeMy WebLinkAboutMetes and Bounds 0 • • Application for License to Encroach a Public Utility Easement Located: 4421 Wo0014'4 kik/ V+1^,/2- C.dl*ii hidrk -Pt i?64-S EXHIBIT NO. 1 Attached are two sealed copies of the mees and bounds description of that portion of the public utility situated in Lal- tv i I k 0� ea 1.1-100A!0 R%tt-5 Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be encroached upon. - 3 - js/c/forms/encroch l Rev. 11/2006 S METES AND BOUNDS DESCRIPTION OF A 1 SQUARE FOOT TRACT (AN EASEMENT ENCROACHEMENT AREA) LOT 10 BLOCK 2 WOODLAND HILLS SUBDIVISION, PH. 1 COLLEGE STATION, BRAZOS COUNTY TEXAS Metes and bounds description of all that certain 1 square foot tract or parcel of land, lying and being situated in Lot 10, Block 2 of Woodland Hills Subdivision, Phase 1 in College Station, Brazos County, Texas, and depicted by plat recorded in VOLUME 4027 PAGE 70 of the Official Records of Brazos County, Texas, and being the same property conveyed to Matthew and Heather Moore by Warranty Deed described in VOLUME 7192 PAGE 16 of the said Official Records; said 1 square foot area being that portion of an existing residential slab protruding into a 10 foot public utility easement; said 1 foot square tract being more particularly described by metes and bounds as follows: COMMENCING: at a plastic capped '/2" iron rod (stamped Garrett, RPLS # 2972) found for the east corner of said Lot 10, Block 2, being common with Lots 7, 8 and 26 of said Block 2 of Woodland Hills, Phase 1; THENCE: S 44° 42' 43" W— 88.96 feet (called S 45° 03' 42" W) along the common line with Lot 7 and continuing along the common line of Lot 8 to a point for corner; THENCE: N 45° 17' 17" W—9.33 feet across said Lot 10 to a point on the said residential house slab for the PLACE OF BEGINNING of this tract; Thence the following three (3) calls across the said Lot 10: S 59° 37' 12" W—2.59 feet along the line of said house slab to a point for the south corner of this tract and lying in the line of said utility easement; N 44° 42' 42" E—3.70 feet across the said house slab with the line of said easement to a point for the northeast corner of this tract; 000387-f.01(3950) , S 15° 40' 05" W— 1.37 feet along the line of the said existing house slab to the PLACE OF BEGINNING and containing 1 square foot of land. NOTE: See drawing issued this date for more information. BASIS OF BEARINGS: The chord bearing as monumented and measured S 30° 52' 53" E— 89.96 feet(called S 30° 51' 47" E—90.00 feet)as depicted by the plat of Woodland Hills Subdivision, Phase 1 recorded in VOLUME 4027 PAGE 70 of the Official Records of Brazos County, Texas. • November 2006 Municipal Development Group College Station, Texas OF ��= GORY K.TAGGART Surveyed by: / - // ' `�r;9 5676 .v:14••• Gregory K. T1art "LS # 5676 1-7,1>e;Ess:e :k0, ove*�'l •'�SUA - © © 6 14 . bM 000387-f.01(3950) • Application for License to Encroach a Public Utility Easement Located: Lai" to Blit I d EWle dl d 1015 ft--1- 4-4-21 &/4 tA-rvi 12Mge rive Coale 504-tido (X 17645- EXHIBIT 7 5EXHIBIT 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. - 4 - js/c/fonns/encrochl Rev. 11/2006 Application for License to Encroach a Public Utility Easement � Located: �`ea6lL ( tar_ driv.L C-S • TT?(' 17 7 7&- Le 1— t v Nr � a IA/041444S" SUbA 1 roar EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion 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. ATMOS ENERGY BY: 64 • ,. Title" Rot, me4/1.16eP� VERIZON TELEPHONE COMPANY BY.1111r � SUDDENLINK COMMUNICATIONS BY: Title fn� 4rr BRYAN TEXAS UTI IES BY: -- rr vw} inBTU 'Te,vvic,^to ' Title ' Sr. v. E+.,3i..ter P5r0 44264.2.4v. c rov.A.5 - 5 - j s/c/forms/encrochl Rev. 11/2006 DEC-11-2006 MON 10:54 AM FAX NO. P. 01 Application for License to ' Encroach a Public Utility Easement Located: f Wdsd l 4 4 are 9r!`✓Q. C-5. -(7 14W " L �. ( u 6(k oe Wm,i(1s 1q)1/5 tri cr./ i 1 .-I 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 a above from the standpoint of City of College Station ordinances and with respect to cp esent and future needs of the City of College Station and see no objection to the r; uested license from the City's standpoint. 1 , 1:7_c____ ___„ City—Engineer Buii"ding Official City of College Stati in City of College Station Zoning Official � Fire Marshal City of College Station City of College Station Director of ii L7fii lies City of College Station 6 J v,:i r.,:e r..-1,l Itev,I I/2006 Application for License to Encroach a Public Utility Easement Located: 424 atddcilP4 +(are Pr-4.,e C.S. rtIg+-5. Lif ( 0 Elk 4- o IA/04104s 101/5 ,5- Ix1i\v,3-1`4.1 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 ior/�► Zoning Official Fire Ma al City of College Station City of College Station Director of Public Utilities City of College Station -6— ja:cille-mslencrkwh1 Rev.11x21106 T00 Ld IU d2II3 SD £017E t9L 6L6 XV3 6Z:I'T NOK 90/TT/ZT 01/29/2007 15:48 FAX 979 764 3452 COLLEGE STATION PUB.UTL. 1001 12/11/2006 10:30 FAX 979 764 "52 COLLEGE STATION PUB.UTI( iJ001 Post-14W Fax Note • -fir—hh 7671 Deted�`j f 46 Aa9as . ,. . .• Tu CV V From Co/Dept. OA Phone# Phone# Fax# a 1,Ca, s=ax Application for License to • Encroach a Public Utility Easement Located:024 WO4A1FWA ISM e 9r;-fe C-S• .•Qc1 611( 1— o Wod 4JQCs 10115 rtt cabei va'i\a+-r 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 07 1 )/ Director of Public Utilities City of College Station c: r.vuer jetuy C5 UL [ eC+ jjfO ) -6- lmlcifum».encroch 1 Rev.I li2U06 • 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. NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: - 7 - js/c/forms/encroch t Rev. 11/2006 Filed to Record in: BRAZOS cavy an: Fed 3?2uu at 11:46A LICENSE AGREEMENT As a Recorinss THE STA Eh OF TEXAS * Document Number: 00954764 * KNOW ALL MEN BY THESE PRESENTS: 35.00COUNTY OF BRAZOS Ret_eiat Number - 309935 That the City of College Station (hereinafter referred to as "LICENSOR"), fitting through the undersigned official who is so empowered by resolution of the d 'e-C licil to so act in consideration of the agreement made herein by MATTHEW MOORE (hereinafter referred to as "LICENSEE"), owner of Lot 10, Block 2, Woodland Hills Phase 1 Subdivision, College Station, Texas, according to the plat recorded in Volume 4027, Page 70 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 10, Block 2, Woodland Hills Phase 1 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. alc:Idocuments and settingslagihhs.cstxklesktoplcouncilllicense to encroach-4421 woodland ridgel'rhibit 3-resolution exhibit a(license agreement).doc 2/14/2007 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 8th day of February, 2007. APPROVED: APPROVED: CITY OF COLLEGE STATION, LICENSOR BY: 11 ./PAL4 :/ BY: Matthew Moore Ron S' , ayor ATTEST: rTh 11-) CONNIE HOISTddy Secretary Mary - 2 - alc:(documents and settingslagibbs.cstxldesktoplcouncilllicense to encroach-4421 woodland ridgelexhibit 3-resolution exhibit a(license agreement).doc 2/14/2007 STATE OF TEXAS ) ) CORPORATE ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the allt day of , 2007 , by &a/4 Sf L,(ii , as Mayor of the City of College Station, a Texas Municipal Corporation, on behalf of said Corporation. 1111Arshwt441-' o�► JAN SCHWARTZ _' ►— ' NOTARY PUBLIC „ Nota K Public in and for State of Texas • tate of T E X A S •`.€ ?,`+`Comm.Exp. 04-08-2010 STAFF, OF TEXAS ) ) INDIVIDUAL ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the 14 day of 'ZiUMiV�J 200'f, by MATTHEW MOORE. ! otary Public and for the State of Texas GINA SOUTHERLAND *? NOTARY PUBLIC ei'•‘ poi State of Texas Q iy'ti• +i `l,Fof •'Comm. Exp. 08-30-2009 4.. - 3 - alc:ldocuments and settingslagibbs.cstxldesktoplcouncilllicense to encroach-4421 woodland ridgelexhihit -resolution exhibit a(license agreement).doc 2/14/2007 METES AND BOUNDS DESCRIPTION OFA 1 SQUARE FOOT TRACT (AN EASEMENT ENCROACIIEMENT ARV) LOT 10 BLOCK 2 WOODLAND HILLS SUBDIVISION, PH. 1 COLLEGE .STATION, BRAZOS COUNTY TEXAS Metes and bounds description of all that certain 1 square foot tract or parcel ofland, lying and being situated in Lot 10, Block 2 of Woodland Hills Subdivision, Phase I in College Station, Brazos County, Texas, and depicted by plat recorded in VOLUME 4027 PAGE 70 of the Offcial Records of Brazos County, Texas, and being the same property conveyed to Matthew and Heather Moore by Warranty I:3eed described in VOLUME 7192 PAGE 16 of the said Official Records; said 1 square foot arca being that portion of an existing residential slab protruding into a 10 foot public utility easement; said 1 foot square tract being more particularly described by metes and bounds as follows: COMMENCING: ate plastic capped '/2"iron rod (stamped Garrett, RPLS #2972) found for the east corner of said Lot 10, Block 2, being common with Lots 7, 8 and 26 of said Block 2 of Woodland Hills,Phase 1; THENCE: S 44°4T 43"W—88.96 feet(called S 45° 03' 42"W)along the common line with Lot 7 and continuing along the common line of Lot 8 to a point*corner; THENCE: N 450 17' 17" W— 9.33 feet across said Lot 10 to a point on the said residential houseslab for the PLACE OF BEGINNING of this tract; Thence the following three(3) calls across the said Lot 10: S 59°:� " W—2.59 feet along the line of said house slab to a point for the south corner:O s tt;??ex an4 lying in the line of said utility easement; N 4 4 '4E'--3.70 feet across the said liottVitilb ?tom the line of said easement to a ,p0Itit teethe northeast corner of this tract; 000:38/-I.01(3950) EXHIBIT S 15°40' 05" W— 1.37 feet along the line of the said existing house slab to the PLACE OF BEGINNING and containing 1 square foot of land. NOTE: gift•itiivigg iasue4 this date for more information. BASIS OF BEARINGS: The chord bearing as monumented and measured S 30° 52' 53"E-- 89.96 feet (called S 30° 51' E—90.00 feet)as depicted by the plat of Woodland Hills Subdivision, Phase 1 recorded in V01,liNIL,'4027 PAGE 70 of the Official Records of Brazos County,Texas. November 2006 Municipal Development Groi0 College Station, Texas • • OF .....•s•,7*._.. $*** :::06.Riks:8;0A.1,(.1::,..I.G:1...c:;:v.ri..:4if „ MAITOyecl by -• •.%(.'..?p 5676 Gregory K. "I„',Irgart 1 LS II 5676 . 4 ....... , S t /6 Ir\t/ el-rf 01/ Af "-- 4 L METES AND BOUNDS DESCRIPTION OF A 1 SQUARE FOOT TRACT (AN EASEMENT ENCROACHEMENT AREA) LOT 10 BLOCK 2 WOODLAND HILLS SUBDIVISION, PH. 1 COLLEGE STATION, BRAZOS COUNTY TEXAS Metes and bounds description of all that certain 1 square foot tract or parcel of land, lying and being situated in Lot 10, Block 2 of Woodland Hills Subdivision, Phase 1 in College Station, Brazos County, Texas, and depicted by plat recorded in VOLUME 4027 PAGE 70 of the Official Records of Brazos County, Texas, and being the same property conveyed to Matthew and Heather Moore by Warranty Deed described in VOLUME 7192 PAGE 16 of the said Official Records; said 1 square foot area being that portion of an existing residential slab protruding into a 10 foot public utility easement; said 1 foot square tract being more particularly described by metes and bounds as follows: COMMENCING: at a plastic capped '/2" iron rod (stamped Garrett, RPLS # 2972) found for the east corner of said Lot 10, Block 2, being common with Lots 7, 8 and 26 of said Block 2 of Woodland Hills, Phase 1; THENCE: S 44° 42' 43" W— 88.96 feet (called S 45° 03' 42" W) along the common line with Lot 7 and continuing along the common line of Lot 8 to a point for corner; THENCE: N 45° 17' 17" W—9.33 feet across said Lot 10 to a point on the said residential house slab for the PLACE OF BEGINNING of this tract; Thence the following three (3) calls across the said Lot 10: S 59° 37' 12" W—2.59 feet along the line of said house slab to a point for the south corner of this tract and lying in the line.of said utility easement; N 44° 42' 42" E—3.70 feet across the said house slab with the line of said easement to a point for the northeast corner of this tract; 000387-f.01(3950) , d S 15° 40' 05" W— 1.37 feet along the line of the said existing house slab to the PLACE OF BEGINNING and containing 1 square foot of land. NOTE: See drawing issued this date for more information. BASIS OF BEARINGS: The chord bearing as monumented and measured S 30° 52' 53" E— 89.96 feet (called S 30° 51' 47" E—90.00 feet) as depicted by the plat of Woodland Hills Subdivision, Phase 1 recorded in VOLUME 4027 PAGE 70 of the Official Records of Brazos County, Texas. November 2006 Municipal Development Group College Station, Texas /' ..... ... �—' •- GORY K..tACGART I .wN.H.NNN. Surveyed by: `m - /7/ ' ' `�9.1,1 5676 �r:Q Gregory K. art LS # 5676 4> (t sua /5�aveie 2 © ( 14b 000387-f.01(3950)