The URL can be used to link to this page

Home My WebLink About01-09-2003-10.07 - Resolution - 01/09/2003Resolution No. 01-09-2003-10.07 Page 2 tions affecting the property which if not take into consideration would deprive the applicant of the reasonable use of his 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 him; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: That the Mayor is hereby authorized to execute on behalf of the City of College Station a License Agreement with Oakwood Custom Homes pertaining to the encroachment of a portion of a structure located at Lot 3R, Block 1, Bridle Gate Estates, Phase 1, more commonly known as 3805 Bridle Trail Court, into the easement area. The terms of said License Agreement are as set forth in the form which is attached hereto as Exhibit "A" and incorporated herein by ref- erence for all purposes. That this resolution shall be effective immediately upon adoption. PASSED and APPROVED this 9th day of January, 2003. ATTEST: APPROVED: Connie Hooks, City Secretary Ron Si a, Mayor sl8tpd.,pq Gar€av/ City Attorney LICENSE AGREEMENT THE STATE OF TEXAS KNOW 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 OCC CONSTRUCTION CORP. DBA OAKWOOD CUSTOM HOMES (hereinafter referred to as "LICENSEE"), owner of Lot 3R, Block 1, Bridle Gate Estates, Phase 1, College Station, Texas, according to the plat recorded in Volume 4820, Page 98 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 3R, Block 1, Bridle Gate Estates, Phase 1, 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 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, not 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 not 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. 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 9th day of January, 2003. APPROVED: OAKWOOD CUSTOM HOMES, LICENSEE BY: ALTON OFCZARZAK, President APPROVED: CITY OF COLLEGE STATION, LICENSOR BY: RON SILVIA, Mayor ATTEST: CONNIE HOOKS, City Secretary STATE OF TEXAS ) CORPORATE ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the day of , 200_, by , 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 T E X A S Exhibit "A" That Portion of 93805 Which Encroaches in a 20' Public Utility Easement Lot 3R, Block 1 Amending Plat of Lots 2 & 3, Block 1 Bridle Gate Estates, Phase 1 Vol. 4820, Pg. 98 Robert Stevenson Survey, A-64 College Station, Brazos County, Texas Field notes of a 7.20 square foot tract or parcel of land, lying and being situated in the Robert Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas, and being that portion of the single family residence #3805 which encroached Into a 20' Public Utility Easement located on Lot 3R, Block 1, as shown on the Amending Plat of Lots 2 & 3, Block One, Bridle Gate Estates, Phase One, recorded in Volume 4820, rage 98, of the Official Records of Brazos County, Texas, and being more particularly described as follows: COMMENCING at the 1/2" iron rod found marking the common rear comer between Lots 3R and 4, Block 1; THENCE N 11' 04' 41" E for a distance of 30.96 feet to a 60d nail set In the northwest line of the 20' Public Utility Easement at the face of brick (edge of foundation) for the PLACE OF BEGINNING of this description; THENCE along the face of brick (foundation) of the single family residence located at #3805 Bridle Trails Court, as follows: S 74' 18' 21" E for a distance of 0.46 feet, N 63' 35' 10" E for a distance of 5.65 feet, N 160 26' 32" E for a distance of 2.75 feet to a 60d nail set in the northwest line of the 20' Public Utility Easement; THENCE S 51' 19' 08" W along the northwest line of the 20' Public Utility Easement, same being through the single family residence, for a distance of 8.05 feet to the PLACE OF BEGINNING, containing 7.20 square feet of land, more or less. �s Surveyed November 2002 Q .TF 9 \fl TEq�% i 0 M• fCLINQBy 8 S. M. Kling '2D~'Su... <1 SCALE: £'-20' > R.P.L.S. No. 2003 x W t: BUILDING ENCRWCNMENT METES• Y' L NE BEMIRING DISTANCE L1 S74'18?f E a46' p L2 N8%i5'10 f s..r,5' r L3 N16'16;J2 E 2.75' L4 S51'19'08'W 8.05' ,i`3FI'll, Is.f s ill f' £ li ill: s• ezi}i's':i3?;;;�;� >j.S' s b t?. (:. t;3::,:t;:.i i sin>::>,>' ,p LOT,' "si:3Ys, t, �:i3;'3`ly (� LOT 4 3}3 I } £[. ,� s r 20' SETBACK o.l ------------�---- --� --- : S' ----- ---- - ---------1------ QY TRAWORMER PAD w�.F, To �, LOT 3R TElDESTAL ��pd 20' PUBLIC PEDEEASEMENT TE""+y� e ��NG u N S6'JNE 74Th�•�09'� PEDESTAL Ur tRDN Roo J// £ir IRON aoo e VON CAP ►OUND SLY;URC n PRO W(= X, LTD. �, ✓ MITI GP F0UNO n L79 ACRE TRACT /�..••••�•��^^ F VOL3J97, P0. 24E / ` EASEMENT GTE GTE EASEMENT a S MxET: KLING ENGINEERING k SURXANC BRYAN, TO(AS