HomeMy WebLinkAboutMiscellaneousAPPLICATION FOR
A LICENSE TO ENCROACH
Date: March 3, 1998
Location of public utility easement to be encroached upon:
Lot 16, Block 2 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. 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 ail 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 ubdivision 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 Nov 5, is the consent of all the abutting property
owners, except the following: (if none, so state)
None
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8.
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.
Such public utility easement has been and is being used as follows:
1 swear that all of the information contained in this application is true and correct to the
best of my knowledge and belief.
Applicant's
Applicant's N
Applicant's Address: 2700 Amherst Avenue,. Manhattan, KS 665D2
Applicant's Phone Number. (785) 776-3010
KANSAS
STATE OF ~ }
RILEY
COUNTY OF ~~
ACKNOWLEDGMENT
Subscribed and sworn to before me, a Notary Public,. this.. 3rd day of
-March ~9 98, by .Kelley L. Goss
the State of
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Application for License to
Encroach a Public Utility Easement
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EXHIBIT N0.1
Attached are two sealed copies of the metes and bounds description of that portion of
the public utility situated in ~. Il~r.tock- a, Ta~b~~ '~~
Addit~on/Subdivis~on to the ~ty of College tation, Brazos County, Texas, sought to be
encroached upon.
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Application for License to
Encroach a Public Utility Easement
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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 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 a1 Public Utility rEfasement ( /n ~ I ~(
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 Encroach above referred to, do hereby consent. to the encroachment of the
described portion thereof.
LONE STAR GAS COMPANY
BY: ~ ~~1~d
Title
GENERAL TELEPHONE COMPANY
BY:
Title
TCA CABLE COMPANY
BY:
Title a. ~"
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Application for License to
Encxoach a Public Utility Easement
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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.
City Engineer
City of College Station
Zoning Official
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 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 firom 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.
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Building Offs 'al
City of College Station
Zoning Official.
City of College Station
Fire Marshal
City of College Station
Director of .Public Utilities
City of College Station
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Application for License to
Encroach a Pub`l~ic Utility Easement
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EXHIBIT NOa 4
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The undersigned, City staff of the City of College Station, cert'fir 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.
City Engineer
City of College Station
Building Official
City of College Station
Zoning Official
City of College Station
•!~~y
Director of b is Utilities Jr_~ _ 9S /
City of Col ge Station
Fire Marshal
City of College Station
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Application for License to
Encroach a Public Utility Easement
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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.
Building Official
City of College Station
Zoning Official
City of College Station
Director of Public Utilities
City of College Station
Fire Marshdl
City of College Station
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Application for License to
Encroach a Public Utility Easement
EXHIBIT NO.S
The undersigned, owners of property abutting upon that portion of the public utility
easement named and described in the Applicatwn 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(s), to. Encroach ... .::: .:..:. .. _ . _... ~Page..1.
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 the information and sign in the applicable spot. Lawrence & Tony, I know you neither one
are the "director", but if you could have either Bob Pohl 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 wi8 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
...
.'Shirley Volk -:License(s) to Encroach ~ Page ~1~
__
From: ~ Shirley Volk
To: Jon Mies, Lance Simms, Lawrence Carter, Mark Sm..:
Subject: License(s) to Encroach
I'm sending each of you 2 applicationsfor licensesto 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 the information and sign in the applicable spot. Lawrence & Tony,-I know you neither one
are the "director", but if you could have either Bob Pohl or Bilt 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 he 1998 Planning file drawer.
Mark, 1 still don't know who is supposed to be doing what with these #hings because I'm not sure we
finalized anything at that meeting Veronica held,. but 1 guess '~t 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 Cal away, Natalie Ruiz
~I~eso~ution ~/~-~'°7
RESOLUTION NO.
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHO-
RIZING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXE-
CUTE A .LICENSE AGREEMENT BETWEEN THE CITY OF COLLEGE
STATION AND APPLICANT, AGGIE INNS II, PERTAINING TO THE
ENCROACHMENT OF A STRUCTURE LOCATED. AT LOT. 16, BLOCK 2,
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 fora 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 stricture was .constructed within the easement
through no fault of the present property owner and that it is not
economically feasible. to remove the partof 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;
. ,.,,.,...,....,...,.....~.,,...r.._......,...~.,.....,.~.._....
RESOLUTION NO.
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEGE STATION:
I.
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 16, Block 2, Tauber. Addition, .into the
easement area. The terms of said License Agreementare 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:
ATTEST:
LYNN McILHANEY, Mayor
CONNIE HOOKS, City Secretary
THE STATE OF TEXAS
*
COUNTY OF BRAZOS
LICENSE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
That the City of College Station (hereinafter referred to as "LICENSOR'7, 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', owner of Lot 16, Block 2, 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 16, Block 2,
Tauber Addition, College Station, Texas, to encroach upon the easement, as shown on Exhibit "A"
attached hereto and incorporated herein by reference foc all purposes, owned and occupied by the
City of College Station, Brazos County, Texas, but such .improvements shall be at all tunes 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 fi-om 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 sup~lementat 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 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 tide to the above-described real
property, and the terms and conditions hereof shall be binding upon subsequent owners or holders
thereof. LICENSEE shaIl 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
prope pursuant to `,this license, and shall expire as to any portion of said improvements upon the
remova~ 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 Eor 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 ansen.
,,~:~,~,~~~~~...~ 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
BY:
LYNN McILHANEY, Mayor
ATTEST:
CONNIE HOOKS, City Secretary
STATE OF TEXAS )
CORPORATE ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This instrument was acknowledged before me on the day of 1998,
by LYNN McII.HANEY, as Mayor of the City of College Station, a Texas Municipal Corporation,
on behalf of said Corporation.
STATE OF KANSAS
Notary Public in and for
the StateofTEXAS
PARTNERSHIP ACKNOWLEDGMENT
COUNTY OF 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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