HomeMy WebLinkAbout5-22-08-2i - Resolution - 05/22/2008RESOLUTION NO. 5- 22 -08 -2i
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE
MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A LICENSE
AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND APPLICANT,
MATTHEW MOORE, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE
LOCATED AT LOT 20, BLOCK 1, SPRING MEADOWS PHASE 2 SUBDIVISION, MORE
COMMONLY KNOWN AS 4401 SPRING BRANCH COURT, INTO THE EASEMENT.
WHEREAS, the City of College Station, has received an application for a license to encroach
into a public utility easement and drainage easement;
WHEREAS, the City of College Station has enacted Ordinance No. 1645 regulating, controlling
and governing encroachments;
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 of facts;
WHEREAS, after hearing the application of MATTHEW MOORE to encroach into the
easement, the City Council of the City of College Station, finds the following facts:
1. That there are no utilities which would be interfered with by the utilization of the
property in its present status.
2. That there are no utilities which would interfere with the utilization of the
property in its present status.
3. That the structure intrudes into the easement to such a degree that it is not
economically feasible to remove the part of the structure within the easement.
4. That the land use in the neighborhood appears to be stable and the use to which
this property is being put is not likely to change within the foreseeable future and
is similar to the use to that of the neighborhood;
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:
I.
That the City Council after hearing the application and finding the specific facts as stated above
now concludes and finds that:
1. It is not economically feasible to remove the part of the structure within the
easement area does constitute special circumstances and conditions 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.
RESOLUTION NO. 5- 22 -08 -2i
Page 2
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
II.
That the Mayor is hereby authorized to execute on behalf of the City of College Station a
License Agreement with MATTHEW MOORE pertaining to the encroachment of a portion of a
structure located at Lot 20, Block 1, Spring Meadows Phase 2 Subdivision, more commonly
known as 4401 Spring Branch 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 reference for all purposes.
III.
That this Resolution shall become effective immediately upon adoption.
PASSED and APPROVED this 22nd day of May , 2008.
A TEST: APPROVED:
rty Secretary Mayor
APPROVED:
VFRTFYmAc:W'kAV • wM Annmva
City Attorney
Resolution No. 5- 22 -08 -2i
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 "), 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 MATTHEW MOORE (hereinafter referred to as
"LICENSEE "), owner of Lot 20, Block 1, Spring Meadows Phase 2 Subdivision, College Station,
Texas, according to the plat recorded in Volume 5838, Page 177 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 20, Block 1, Spring Meadows Phase 2 Subdivision, 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, 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 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
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Resolution No. 5- 22 -08 -2i
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 day of 1 200
APPROVED:
MATTHEW MOORE,
LICENSEE
BY:
MATTHEW MOORE
APPROVED:
CITY OF COLLEGE STATION,
LICENSOR
BY:
Mayor
ATTEST:
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
STATE OF TEXAS )
CORPORATE ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This instrument was acknowledged before me on the
200_, by as
on behalf of said
Notary Public in and for the State of Texas
day of
of
-2-
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5/27/2008
Resolution No. 5- 22 -08 -2i
Field Notes
4401 Spring Branch Court
Encroachment Upon a Public
Utility Easement and Drainage Easement
All of that certain portion of a 20' wide public utility and drainage easement for license to encroach
upon, lying within Lot 20, Block One, Spring Meadows Subdivision, Phase II, City of College Station,
Brazos County, Texas, according to the plat thereof recorded in Volume 5838, Pagel 77, Official
Records of said county and being further described as follows;
COMMENCING at a found 1/2" rebar with plastic cap stamped R.P.L.S. No.5676 for the most
southerly corner of Lots 19 and 20, from which a found 1/2" rebar, for the most northerly corner of said
Lots 19 and 20, bears N 05 °56'38 "W for the basis of bearings of this survey, a distance of 118.51' as
cited per said plat;
THENCE along the northerly right -of -way line of 50' wide Spring Branch Court, a curve concave
southerly having a radius of 50', an arc length of 6.47', a central angle of 7 °24'51 ", chord bears S
89 1 22'49 "E a chord distance of 6.47' to a point;
THENCE along a bearing radial to said curve N 04'19'55"E, a distance of 20.00' to the intersection of
the 20' wide public utility easement and drainage easement lying adjacent to Spring Branch Court with
the easterly line of the 20' wide public utility and drainage easement centered on the common line of
said lots 19 and 20 for the POINT OF BEGINNING of said encroachment area;
THENCE N 05 0 56'38 "W along the easterly line of said easement, a distance of 14.41' to a point;
THENCE S 84 0 03'22 "W, a distance of 2.50' to a point;
THENCE S 05 0 56'38 "E, a distance of 14.00' to a point;
THENCE along a curve concave southerly having a radius of 70' an arc length of 2.53', a central angle
of 02 °04'15 ", chord bears S 86 1 37'49 "E, a chord distance of 2.53' to the POINT OF BEGINNING and
containing 35.5 square feet more or less.
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Resolution No. 5- 22 -08 -2i
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