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Home My WebLink About1995V2422P448/31/2016 2422p44 https://maps.cstx.gov/EasementScans/HTM/V2422P044/V2422P044.HTM 1/10 ,/ ~ THE STATE OF TEXAS COUNTY OF BRAZOS LICENSE AGREEMENT * * * KNOW ALL MEN BY THESE PRESENTS ., D' 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 JOSE M. DIAZ (hereinafter referred to as "LICENSEE"), owner of Lot 29, Block 5, Southwood Terrace 3B, more commonly known as 3303 Bahia Drive, College Station, Texas according to the plat recorded in Volume 519, Page 380, of the Deed Records of Brazos County, Texas, hereby grants a license to the said LICENSEE to permit a portion of the structure located at Lot 29, Block 5, Southwood Terrace 3B, more commonly known as 3303 Bahia Drive in the City of 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, ~ater,. 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 abovedescribed property. LICENSEE expressly stipulating and agreeing by LIcEN SEE'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 supple mental 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 his own expense, shall restore or cause to be restored the subject prop erty 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 which 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 suc cessors in 8/31/2016 2422p44 https://maps.cstx.gov/EasementScans/HTM/V2422P044/V2422P044.HTM 2/10 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 improve ments 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 condition$ or events: A. j.s/claug95/diaz 08107/95 LICENSEE or his heirs, executors and administrators, have failed to comply with the terms of the granting of the license; or vo~ 2422 PAC[ 44 " .~ B, c D E F. 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 The use of the licensed area becomes necessary for a public purpose; or Said improvements or a portion of them constitute a danger to the public which is not remediable by maintenance or alteration of the said improve ments; or Said improvements or a portion of them have expanded beyond the scope of the license; or Maintenance or alteration necessary to alleviate danger to the public has not been made within a reasonable time after the dangerous condition has arisen. APPROVED this the ~~ay of ~ , 1995. APPROVED ~~dSEr STATE OF TEXAS COUNTYOFBRAZOS 8/31/2016 2422p44 https://maps.cstx.gov/EasementScans/HTM/V2422P044/V2422P044.HTM 3/10 APPROVED. CITY OF COLLEGE STATION, LICENSOR BY .~ ;;;;;; ;;; N ~ R \ c 0 nnl r ACKNOWLEDGME~I ~."~~ '.C~"'~ "i) r " 0= ,, ray, ~T YVONNE S. CASAkf.$ r \ &1 * Notary Public, State 011 ~xa:; ~My Commission Expires 1 \ AUGUSTS, 1998 el ,~~ STATE OF TEXAS COUNTYOFBRAZOS 8/31/2016 2422p44 https://maps.cstx.gov/EasementScans/HTM/V2422P044/V2422P044.HTM 4/10 ACKNOWLEDGMEr::!I Thi~ I, i~~~r~T.:!nt was acknowledged before ~u /J;r, 1995, by JOSE M. DIAZ KARV C. MERSMANN Notary Public, State of Texas My Commission Expires OS.I897 me Jon 1/' the the XAS day of j.f/claug95ldiaz 08107195 2 45 // t V~ 4.V"' oJVvv O MacArthuc Surveys Ir1c. P.O. Box 4592 Bryan. T~ 77g05 (409) 77j~609 7 I I I 8/31/2016 2422p44 https://maps.cstx.gov/EasementScans/HTM/V2422P044/V2422P044.HTM 5/10 I . J ,,., '" ,) EXHIBIT A 8 :?:?0:? BAHIA DR .'0. ~O.V. '.a ,,",",T IVE 8/31/2016 2422p44 https://maps.cstx.gov/EasementScans/HTM/V2422P044/V2422P044.HTM 6/10 8/31/2016 2422p44 https://maps.cstx.gov/EasementScans/HTM/V2422P044/V2422P044.HTM 7/10 LICENSE AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTYOFBRAZOS That the City of College Station (hereinafter referred to as "LICENSOR"), actin~ through the undersigned official who is so empowered by resolution of the City C.ouncll to so act in consideration of the agreement made herein by JOSE M. DIAZ (hereinafter referred to as "LICENSEE"), owner of Lot 29, Block 5, Southwood Terrace 38, more commonly known as 3303 Bahia Drive, College Station, Texas according to the plat recorded in Volume 519, Page 380, of the Deed Records of Brazos 8/31/2016 2422p44 https://maps.cstx.gov/EasementScans/HTM/V2422P044/V2422P044.HTM 8/10 County, Texas, hereby grants a license to the said LICENSEE to permit a portion of the structure located at Lot 29, Block 50 Southwood Terrace 38, more commonly known as 3303 Bahia Drive in the City of College Station, Texas, to encroach upon the easement, as shown on Exhibit "At 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 abovedescribed property. LICENSEE expressly stipulating and agreeing by LICEN SEE'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 supple mental 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 his own expense, shall restore or cause to be restored the subject prop erty 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 which 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. llCENSEE shall cause any immediate suc cessors 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 improve ments 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 his heirs, executors and administrators, have failed to comply with the terms of the granting of the license; or EXHIBIT A j.'cloug95/dlor 08107195 ~ ;~ 0 B. c D. E 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 The use of the licensed area becomes necessary for a public purpose; or Said improvements or a portion of them constitute a danger to the public which is not remediable by maintenance or alteration of the said improve ments; or 8/31/2016 2422p44 https://maps.cstx.gov/EasementScans/HTM/V2422P044/V2422P044.HTM 9/10 Said improvements or a portion of them have expanded beyond the scope of the license; or 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 liCEN. SEE, as indicated by the signature of liCENSEE. The license shall be filed of record in the Official Records of the County Cler1< of the Brazos County Courthouse. APPROVED this the day of 1995. APPROVED JOSE M. DIAZ, LICENSEE APPROVED: CITY OF COLLEGE STATION, liCENSOR BY MAYOR LARRY RINGER ATTEST: Connie Hooks, City Secretary STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the day of 1995, by MAYOR LARRY RINGER, as Mayor of the City of College Station, a T exas Municipal Corporation, on behalf of said Corporation. ACKNOWLEDGMENI Notary Public in and for the State ofT E X A S STATE OF TEXAS COUNTYOFBRAZOS ACKNOWLEDGMENT This instrument was ad<nowledged before 1995, by JOSE M. DIAZ. me on the 8/31/2016 2422p44 https://maps.cstx.gov/EasementScans/HTM/V2422P044/V2422P044.HTM 10/10 day of Notary Public in and for the State of T E X A S 2 jslo'D"I9j/diDZ tmIQ719.5 \~