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HomeMy WebLinkAbout10-26-23-7.4 - Resolution - 10/26/2023RESOLUTION NO. 10-26-23-7.4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND WOLF DEN BCS, LLC PERTAINING TO THE APPROXIMATELY 0.41 SQUARE FOOT BUILDING ENCROACHMENT, INTO THE 15-FOOT PUBLIC UTILITY EASEMENT LOCATED ON LOT 5, BLOCK 1 OF THE WOLF DEN SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 18520, PAGE 28 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, has received an application for a license to encroach into a public utility easement; and WHEREAS, the City of College Station has enacted Ordinance No. 1645 regulating, controlling and governing encroachments into the City’s easements; and WHEREAS, the applicant has agreed to accept the terms of the License Agreement as presented to them; 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; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: PART 1: That after hearing the application of Wolf Den BCS, LLC to encroach into the public utility easement, the City Council of the City of College Station, finds the following: 1. That there are special circumstances or conditions affecting the property involved such that the strict enforcement of encroachment policies would deprive the applicant of the reasonable use of the property. 2. That the license is necessary for the preservation and enjoyment of the substantial property right of the applicant. 3. That the utilization of the easement area for the access to and the operation of utilities, including drainage, will not be impaired. 4. That the granting of the license will not be detrimental to the public health, safety, or welfare or injurious to another party in the area. PART 2: That the Mayor is hereby authorized to execute on behalf of the City of College Station a License Agreement with Wolf Den BCS, LLC pertaining to the encroachment of a portion of a structure located at Lot 5, Block 1 of the Wolf Den Subdivision, into the public utility 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 reference for all purposes. ADOPTED this 26th day of October, 2023. Resolution No. 10-26-23-7.4 Page 2 ATTEST: APPROVED: City Secretary Mayor APPROVED: 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 C ity Council to so act in consideration of the agreement made herein by Wolf Den BCS, LLC (hereinafter referred to as "LICENSEE"), owner of Lot 5, Block 1 of the Wolf Den Subdivision, according to the plat recorded in Volume 18520, Page 28 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 5, Block 1 of the Wolf Den Subdivision, College Station, Texas, to encroach upon the 15-foot Public Utility Easement, as described 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 cont act 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 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 licen se 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 public. 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 follow ing 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 - 2 - 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 Public Records of the County Clerk of the Brazos County Courthouse. APPROVED this the ________ day of ______________________, 2023. APPROVED: APPROVED: WOLF DEN BCS, LLC CITY OF COLLEGE STATION, LICENSEE LICENSOR BY: WOLF DEN LIVING TRUST, Manager of BY:__________________________ WOLF DEN BCS, LLC JOHN NICHOLS, Mayor BY:_________________________ TERRENCE C. MURPHY, Trustee ATTEST: BY:_________________________ ______________________________ ERICA D. MURPHY, Trustee TANYA SMITH, City Secretary STATE OF TEXAS ) ) ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the _____ day of ________________, 2023, by JOHN NICHOLS, 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 STATE OF TEXAS ) ) ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the _____ day of _______________________, 2023, by TERRENCE C. MURPHY as Trustee of WOLF DEN LIVING TRUST, Manager of WOLF DEN BCS, LLC, on behalf of said WOLF DEN BCS, LLC. ____________________________________ Notary Public in and for the State of Texas STATE OF TEXAS ) ) ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the _____ day of _______________________, 2023, by ERICA D. MURPHY as Trustee of WOLF DEN LIVING TRUST, Manager of WOLF DEN BCS, LLC, on behalf of said WOLF DEN BCS, LLC. ____________________________________ Notary Public in and for the State of Texas