HomeMy WebLinkAboutMiscellaneousAPPLICATION FOR
A LICENSE TO ENCROACH
Date:
March 3, 1998
Location of public utility easement to be encroached upon:
Lot 9, Block 1 Tauber Addition
Property Owner's Name & Address: Aggie Inns II, 2700 Amherst Avenue, _
Manhattan, KS 66502
Property Owner's Phone Number. (785) 776-3010
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. i , 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)
None
7. A License to Encroach the public utility easement should be granted because:
An existing condition that cannot be changed. Encroachments are
extremely minor as you can see by exhibits.
8. Such public utility easement has been and is being used as follows:
swear that all of the information ,contained in this application i true and correct to the
best of my knowledge and belief.
Applicant's Signature:
Applicant's Name: J T. McCullough, Managing Partner
Applicant's Address: 2~0o Amherst Avenue, Manhattan, KS 66502
Applicant's Phone Number: (~s5) 776-3010
KANSAS
STATE OF ~ )
RILEY
COUNTY OF ~~. )
ACKNOWLEDGMENT
Subscribed and sworn to before me, a Notary Public, this 3rd day of
March 19 98 , by Kelley L. Goss
Noi
the
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Application for License to
Encroach a Pu11blic Utility Easement
Located: ~T, ~ ~oc~
EXHIBIT N0.1
Attached are two sealed copies of the metes and bounds description of that portion of
the public utility situated in
AdditioNSubdivision to .the ity of College Station, Brazos County, Texas, sought to be
encroached upon.
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METES AND BOUNDS DESCRIPTION
OF A
11 SQUARE FOOT ENCROACffiVTENT
ON A PUBLIC UTILITY EASElVIENT
PORTION OF LOT 9, BLOCK 1, TAUBER ADDITION
COLLEGE- STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF A 11 SQUARE FOOT ENCROACHMENT ON A
PUBLIC UTILITY EASEMENT BEING SITUATED IN THE TAUBER ADDITION, COLLEGE STATION,
BRAZOS COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 133, PAGE 182 OF
THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID ENCROACHMENT BEING A PORTION
OF LOT 9, BLOCK 1 OF SAID TAUBER ADDITION.
SAID .ENCROACHMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING AT AN "X" IN CONCRETE FOUND MARKING THE COMMON CORNER OF SAID
LOT 9, LOT 10, LOT 3 AND LOT 4, BLOCK 1, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON
THE NORTHEAST RIGHT-OF-WAY I:INE OF TAUBER STREET {50' R.O.W.} MARKING THE
COMMON CORNER OF LOT 3 AND LOT 4 BEARS: S 41 ° 49' S3" W FOR A DISTANCE OF 110.00
FEET;
THENCE: N 41 ° 49' S3" E ALONG THE COMMON LINE OF SAID LOT 9 AND LOT 10 FOR A
DISTANCE OF '7.50 FEET TO A POINT ON THE NORTHEAST LINE OF SAID. PUBLIC UTILITY
EASEMENT, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE SOUTHWEST RIGHT-OF-
WAYLINE OF STASNEY STREET (50' R.O.W.) MARI~II~TG THE COMMON CORNER OF LOT 9 AND
10 BEARS: N 41 ° 49' 53" E FOR A DISTANCE OF 142.25 FEET;
THENCE: N 47° 4T 38" W THROUGH. SAID LOT 9 AND ALONG THE NORTHEAST'LINE OF SAID
EASEMENT FOR A DISTANCE OF 5.02 FEET TO THE POINT OF BEGINNING OF THIS HEREIN
DESCRIBED ENCROACHMENT;
THENCE: THROUGH SAID EASEMENT FOR THE FOLLOWING CALLS:
S 42 ° I3' 03" W FOR A DISTANCE OF 0.38 FEET TO A POINT;
N 47° 42' 29" W FOR A DISTANCE OF 30.02 FEET TO A POINT;
N 42° 12' 21" E FOR A DISTANCE OF 0.34 FEET TO A POINT ON THE NORTHEAST LINE
OF SAID EASEMENT;
THENCE: S 47° 4T 3$" E ALONG THE NORTHEAST LINE OF SAID EASEMENT FOR A DISTANCE OF 30.02
FEET TO THE POINT OF BEGINNING CONTAINING 11 SQUARE FEET OF LAND AS SURVEYED ON THE
GROUNDOCTOBER,--~ 1997.. FOR MORE DESCRIPTIVE INFORMATION SEE PLAT PREPARED MARCH, 1998.
BEARING ORIENTATION SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM CITY OF
COLLEGE STATION'.: GPS MONUMLNT,~~
BRAD KERR
REGISTERED PROFESSION
LAND SURVEYOR No. 4502
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Application for License to
Encroach a Public Utility Easement
Located:
EXHIBIT N0.2
Attached, are two copies of a plat or detailed sketch of the public ..utility easement
sought to be ~ encroached upon in the above-mentioned. appt~cation, 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 ena-oached upon
is situated, and the:: addition or subdivision m 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.
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Application for License to
Encroach a Pubpblic Utility Easement
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EXHIBIT N0.3
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 Encxoach above referred to, do hereby consent to the encroachment of the
described portion thereof.
LONE STAR GAS COMPANY
BY: ~ cJl~7
Title A~~
GENERAL TELEPHONE COMPANY
BY:
Title
TCA CABLE COMPANY
BY: ~hZ'~lr~-a
Title .~
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Application for License to
Encroach a Public Utility Easement
EXHIBIT N0.4
The undersigned, City staff of the City of College Station, certify that they have care-
fully 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 ftom the City's standpoint.
C.-P
City Engineer Building ~cial
City of College Station City of College Station
Zornng icia Fire- Marshal
City'of College Station ~ City of College Station
Director of Pubtic Utilities
City of College Station
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Application for License to
Encroach a Public Utility .Easement
EXHIBIT N0.4
The undersigned, City staff of the City of College Station, cert'~fy that they have care-
fully considered the Application for License to Encroach the public utility easement
referred to above from the standpoint of City of Coilege 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
City of Coilege Station
Building Official
City of College~Station
Zoning Off vial
City of College Station
Director of Public Utilities
City of College Station
of College Station
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Application for License to
Ena-oach a Public Utility Easement
EJCHIBIT NO.4
The undersigned, City staff of the City of College Station, certify that they have care-
fully considered the Application for License to Encroach the public utility easement
refer-ed 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 Engmee~
City of College Station
Building Official
City of College Station
Zoning Official
City of College Station
~.~
irector of P lic Utilities 5 8'g8 f
City of Coll a Station
Fire Marshal
City. of College. Station
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Application for License to
Encroach a Public Utility Easement
EXHIBIT N0.4
The undersigned, City staff of the City of College Station, certify that they have care-
fully 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.
n r l Building Official
of leg tation City of College Station
Zoning Official Fire Marshal
City of College Station - City of College Station
Director of Public Utilities
City of College Station
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Application for License to
Encroach a Public Utility Easement
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EXHIBIT NO. 5
The undersigned, owners of property abutting upon that portion of the public utility
easement named and described m 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:
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;Shirley Volk -. License(sj to Encroach...:..::.~:.:.:..::._::::.:.::;..:...:: :::::..:....... .::.::::.:..:::.:::~.,:,:.:::.:.:..:::::::::....:....:..........:.......----- ~.:: age. ~.
From: Shirley Volk
To: Jon Mies, Lance Simms, Lawrence Carter, Mark Sm...
Subject: License(s) to Encroach
I'm sending each of you 2 applications for licenses to encroach, These are existing encroachments by
apartment buildings in the Tauber subdivision in Northgate, and as I understand it, they have been there
encroaching for a long time. Apparently this is a case of refinancing or sale, and to finalize the deal they
need to "legalize" the encroachments.
Please review he information and sign in the applicable spot. Lawrence & Tony, 1 know you neither one
are the "director", but if you .:could have either Bob PohF or Bill Riley sign if you can't get to Mr. Woody,
that would be great. If I send it to Mr. Woody or Bill, it will just get lost, and if it is found, he would only
go to you to-see if it's o.k. anyway, so I'm going to start by sending each of you an application. Only one
needs a signature!
Mark, since you're still "acting" I'm sending you a copy of each application for your signature, Jon, I'm
sending you a -copy. Lance and Sabine, the original of each is in the file and those file numbers are
98-806 and 98-807 and you can find them in the 1998 Planning file drawer.
Mark, I still don't know who is supposed to be doing what with these things because I'm not sure we
finalized anything at that meeting Veronica held.,. but I guess it will get worked out. I'm copying Jim on
this'so he can help make a determination as to who does what after the signatures come back.
CC: Jim- Callaway, Natalie. Ruiz
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From: Jan Schwartz
To Bob Mosley
Date:: 6/15!99 11;18AM
Subject: Holleman ViWage Apartments Easement Abandonment
Hovey has handed me your a-mail regarding this abandonment and. a dedication of a new easement.
Our department. has no information on this matter. 1 did find out from. Natalie Ruiz-that the easement
information brought in yesterday by Don Jones for Arapaho, Ltd., is supposedly for the dedicated
easement. However, we have no information on the abandonment and have noway of tying these two
items together.
As for the.Jones (Arapaho) easement, there is noway we can. have title work complete and the
easement prepared and signed by Arapaho by the time of the Council meeting next week.
CC; Harvey Cargill, Lisa Hughes
~P`eso[ution 1~
RESOLUTION NO.
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHO-
RIZING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXE-
CUTE ALICENSE AGREEMENT BETWEEN THE CITY OF COLLEGE
STATION AND APPLICANT, AGGIE INNS II, PERTAINING TO THE
ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 9, BLOCK 1,
TAUBER ADDITION, INTO THE EASEMENT.
WHEREAS, the City of College Station has received an application for a license to
encroach into a utility easement; and
WHEREAS, the City of College Station regulates encroachments upon easements
pursuant to Chapter 3, Section 4, of the Code of Ordinances of the City of College
Station; and
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 as set out in said
Chapter 3, Section 4, of the Code of Ordinances; and
WHEREAS, the City Council after hearing the application and finding the specific
facts as stated above now concludes and finds that:
1. The fact that the structure was constructed within the easement
through no fault of the present property owner and that 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 taken into consideration would
deprive the applicant of the reasonable use of its 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;
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
WHEREAS, the applicant agrees to accept the terms of the License .Agreement as
presented to it;
RESOLUTION NO. Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEGE STATION:
L
That the Mayor is hereby authorized to execute on behalf of the City of College
Station a License Agreement with AGGIE INNS II pertaining to the encroachment
of a portion of a structure located at Lot 9, Block 1, Tauber Addition, into the
easement area. The terms of said License Agreement are as set forth in the form
which is attached hereto as Attachment "A" and incorporated herein by reference
for all purposes.
II.
That this resolution shall be effective immediately upon adoption.
PASSED and APPROVED this day of June, 1998.
APPROVED:
LYNN McILHANEY, Mayor
ATTEST:
CONNIE HOOKS, City Secretary
T,T('ENSE AGREEMENT
THE STATE OF TEXAS
* IQ~lOW 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 AGGIE INNS II (hereinafter referred to as
"LICENSEE'7, owner of Lot 9, Block 1, Tauber Addition, College Station, Texas according to the
plat recorded in Volume 133, Page 182, of the Deed Records of Brazos County, Texas, hereby
grants a license to the said LICENSEE to permit a portion of a structure located at Lot 9, Block 1,
Tauber Addition,. 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 sernang the unprovements 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 inspectrons which may be conducted in connection with or
pursuant to said license or any supplemental license.
LICENSEE agrees to comply with all laws and ordinances in the 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
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 condit<on has arisen.
~~:.,w,~,V.iw,~,~.ai.~,~.~hurowb..~ ATTACHMENT "A"
~~
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 June, 1998.
APPROVED:
AGGIE INNS II,
LICENSEE
APPROVED:
CITY OF COLLEGE STATION,
LICENSOR
BY:
JAMES T. McCULLOUGH
Managing Partner
STATE OF TEXAS
BY:
LYNN McILHt1NEY, Mayor
ATTEST:
CONNIE HOOKS, City Secretary
CORPORATE ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This instrument was acknowledged before me on the day of 1998,
by LYNN McILHANEY, as Mayor of the City of College Station, a Texas Municipal Corporation,
on behalf of said Corporation.
Notary Public in and for
the StateofTEXAS
STATE OF KANSAS )
PARTNERSHIP ACKNOWLEDGMENT
COUNTY DF RILEY )
This instrument was acknowledged before me on the day of
1998, by JAMES T. McCULLOUGH as Managing Partner of AGGIE INNS II, a
partnership, on behalf of said partnership.
Notary Public in and for
the StateofKANSAS
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