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Home My WebLink AboutLicense Agreement LICENSE AGREEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS § That the City of College Station, Texas (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 NEW VISION CUSTOM HOMES, INC. (hereinafter referred to as "LICENSEE "), owner of Lot Fifty -two (52), Block One (1), Castlegate Subdivision, Section 4, Phase 2, according to the Plat recorded in Volume 4362, Page 42, of the Official Public 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 52, Block 1, Castlegate Subdivision, Section 4, Phase 2, 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, drainage, 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, DEFEND AND HOLD LICENSOR HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND REASONABLE ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY, INCLUDING BUT NOT LIMITED TO FLOODING, AND INCLUDING ANY ACTS OR OMISSIONS OF LICENSOR, ITS OFFICERS, AGENTS, EMPLOYEES, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, THE GRANTING OF SAID LICENSE OR ANY SUPPLEMENTAL LICENSE, AND TICENSEE'S OPERATION AND CONSTRUCTION OF ITS IMPROVEMENTS ON LICENSOR'S EASEMENT. THIS INDEMNITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION OR SUITS ARE CAUSED BY LICENSOR'S NEGLIGENCE. LICENSEE RELEASES, RELINQUISHES AND DISCHARGES LICENSOR, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION OF EVERY KIND AND CHARACTER, INCLUDING THE COST OF DEFENSE THEREOF, FOR ANY INJURY TO OR DEATH OF, ANY PERSON (WHETHER THEY BE EITHER OF THE PARTIES HERETO, THEIR EMPLOYEES OR OTHER THIRD PARTIES) AND ANY LOSS OF OR DAMAGE TO PROPERTY EXPRESSLY INCLUDING THE STRUCTURE THAT ENCROACHES IN LICENSOR'S EASEMENT (WHETHER PROPERTY OF EITHER OF THE PARTIES HERETO, THEIR EMPLOYEES, OR OF THIRD PARTIES) THAT IS CAUSED BY OR ALLEGED TO BE CAUSED BY, ARISING OUT OF, OR IN CONNECTION WITH THIS LICENSE AGREEMENT REGARDLESS OF WHETHER SAID CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION OR SUITS ARE CAUSED BY LICENSOR'S NEGLIGENCE. LICENSEE agrees to comply with all laws and ordinances in the construction and maintenance of said improvements. LICENSEE shall pay any additional costs of maintenance or repair of any Page 1 Bg /group /encroachments/license agreement - 2305 Kendal Green Drive.doc 03/20/2003 public utilities or facilities that may be incurred by LICENSOR as a result of the encroachment of the structure or improvements. 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 promptly after the dangerous condition has arisen. In such event, LICENSEE shall be liable for all costs associated with or incurred by LICENSOR to remediate or remove said condition including but not limited to removal of the structure or relocation of the facilities. LICENSEE shall pay LICENSOR for the actual costs of relocation or removal, including the cost of land acquisition for a replacement easement, promptly but not later than 30 days from the date of written notice from LICENSOR. LICENSOR retains the right, but not the obligation, to enter upon the land to which this license applies and at LICENSEE's expense to relocate, or if relocation is not feasible in LICENSOR's sole judgment, to remove any structure or improvements or alterations thereon upon the determination by LICENSOR that such relocation or 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. In the event LICENSOR requires a removal of the structure, improvements or alterations because 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 then LICENSEE shall: 1. Vacate the premises within 30 days from the date of written notice from LICENSOR that removal of the structure 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 and that relocation is not feasible; 2. Promptly remove the structure from the easement within thirty (30) days of the date of LICENSOR's written notice; 3. At its own expense, 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. Page 2 Bg /group /encroachments/license agreement - 2305 Kendal Green Drive.doc us /20/2003 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 MCA. { C h , 2003. APPROVED: APPROVED: NEW VISION CUSTOM HOMES, INC. CITY OF COLLEGE STATION, LICENSEE LICENSOR BY: , 1 • ill�� BY: a , Mayor ATTEST: CONNIE HOOKS, City Secretary ACKNOWLEDGED & CONSENTED TO: RI K LaFAVERS, Assigrin- interest ; `.(L V {emu KIMBERLY ANN L FA S, Assignee-in-interest STATE OF TEXAS § ACKNOWLEDGMENT COUNTY OF BRAZOS 5 This instrument was acknowledged before me on the day of , 2003, by RON SILVIA, 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 Page 3 Bg /group /encroachments/license agreement - 2305 Kendal Green Drive.doc 03/20/1003 STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on thea day of I e ( ).. ^& 2003, by J. R. Torres, 4/(e5; (14 A— of NEW VISION CUSTOM HOMES, INC., on behalf of said NEW VISION CUSTOM HOMES, INC. I PY P -< r1 1: LISSA EDWARDS � U � , c ;* Notary Public, State of Texas *t /\ � My Commission Expires � �:, s 'q DECEMBER 18, 200 T ot k y Public in and for the State of Texas STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on the al day of Met ,(C , 2003, by RICK LaFAVERS. 6 11 MELISSA EDWARCS • * Notary Public, State of Texas gig * • _ &J My Commission Exp+, i Public in and for the State of Texas " < DECEMBER 18, 2 STATE OF TEXAS ACKNOWLEDGMENT . COUNTY OF BRAZOS § This instrument was acknowledged before me on the ) day of I! (` h , 2003, by KIMBERLY ANN LaFAVERS. WOO t ac,it1 SA T Public, sate trey e xas 1� . •1_ �_ - - 1 . * Com B R A te 2003No Public in and for the State of Texas d›.4 . < pECEM — Page 4 Bg /group /encroachments/license agreement - 2305 Kendal Green Drive.doc 03/20/2003 , . ' . i N Wb LGREENC , RCLE 0 R7-� (60' R.O.W.) (CALLED R■290.00') R =306.41 D =10 °24'45" (CALLED N 71'03'45" E 18.69') L= 55.68' ' N 70'53' • e" E T =27.92' 4 .''' �� "18.5 ' _ — LC=55.61' 5' UTILITY EASEMENT CB =N 65'20'44" c� N C RETE 2s.00' (PLAT) DRIVE 25' BUILDING LINE CONCRETE (PLAT, ORD. & REST.) I ALK — 5 ' 1 Cr R '* ^ I • BUILDING LINE / (ORD. & REST.) U EasEMEN ' 6. O c 4 Of � � \ ENCROACHMENT •, I ri 1 ..... I t ,035;- al ONE STORY ? W \ z"; c \ BRICK �� w HOUSE z I J � LOT 52 � l -- b. LOT 53 • I BLOCK 1 m o Q, LOT 51 ice BLOCK 1 � J CONCRET 710 to W BLOCK 1 I N PATIO l` a0 o 0 .- LA 1 O.13 SE TOO R 42' PIP ' J VI 1`' p� 3'� 5 25 , g U10: 01G RE ) 20' UTILITY EASEMENT _ ORD' 42N p'PE (PLAT) I CEN� I ' 5/8" IRO� `' e s OD SET \ ill 5 8 3 n w --� \ / 1 VARIABLE WIDTH UTILITY EASEMENT / LOT 32 (PLAT) LOT 31 BLOCK 1 BLOCK 1 I I / LEGEND Restrictions Recorded in: Volume 4090. Poge 88, File name: 02673.DWG Volume 4358, Page 24, Plot dote: 12/04/02 at 14:18 Volume 4414, Page 188, Revised dote: 1102 at 10:00 O PROPERTY CORNER Volume 4839, Poge 238. Revised date: 1/15/o3 of 13:30 rY POWER POLE ® ELECTR /C METER 30 0 30 60 90 Feet 13 GAS METER 1----1 1- i I .1 1 B WATER METER J 01 §etRitliEV The basis of this survey is iron rods found in the LOT No.: FIFTY—TWO (52) • BLOCK No.: ONE (1) right —of —way of Kendal Green Circle, as recorded on the plot, as recorded in Volume 4362, Page 42, of the Official ADDITION OR SUBDIVISION: CASTLEGATE SUBDIVISION, Records of Brozos County. SECTION 4, PHASE 2, 4362/42 Said lot is not in a special flood hazard area according to the Spring Creek "Request For Conditional Letter Of Map SURVEYED FOR:RICHARD A. LAFAVERS, JR. AND KIMBERLU A. LAFAVERS Revision prepared by WA Engineering and Surveying, Inc., and submitted to FEMA in December 1999. The "CLOMR" LEANDER: WELLS FARGO HOME MORTGAGE 00- 06 -844R was Approved by FEMA on . •.. .8/2000. TITLE CO: BRAZOS COUNTY ABSTRACT COMPANY COUNTY: BRAZOS ;. e OF e• T STREET ADDRESS: 2305 KENDAL GREEN CIRCLE CITY: COLLEGE STATION _ 1 • 4 � . TE,Q•�'�" I, DANTE CARLOMAGNO, A REGISTERED PROFESSIONAL SURVEYOR, No. - / e S( `\ < Q . % .\ • 1562, DO CERTIFY THAT THE ABOVE SURVEY IS A TRUE AND �° ee8ee ° °•• ACCURATE REPRESENTATION OF AN ACTUAL ON THE GROUND SURVEY i 1 • h. ARLOMAGNO MADE UNDER MY SUPERVISION AND THERE ARE NO ENCROACHMENTS DANTE CARLOMAGNO " " " " " "" "" e " " "�eeooeeee ee i OR OVERLAPS UNLESS OTHERWISE SHOWN. A� o "o ° ° All corners are represented by a and are a ,p • 1562 v 5/8" iron rods found unless otherwise noted. \ ° ' • / DRAWN BY: J. BAILEY \ ! °• � ° � F ESS\ �� Q' o� / CFI 137920 I C�S,��.R�.2C� IR,�C$ '® §ururjinii ilnr. ,1/4-74,8 ° su RV�- , JOB# 02673 2714 Finfeather Road, Bryan, Texas 77801 I PHONE: (979)775 -2873 FAX: (979)775 -4787 www.CorlomagnoSurveying.com EXHIBIT l