HomeMy WebLinkAbout01-11-01-10.09 - Resolution - 01/11/2001RESOLUTION NO. o1-11-o1-1o. 09
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE
MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A LICENSE
AGREEMENT BETWEEN TIlE CITY OF COLLEGE STATION AND APPLICANT, 301
CHURCH AVENUE, L.P., PERTAINING TO THE ENCROACHMENTS OF STRUCTURES
AT TWO SEPARATE LOCATIONS WITHIN LOT 1, BLOCK 6-7, W.C. BOYETT ESTATES
PARTITION, MORE COMMONLY KNOWN AS THE TRADITIONS DORMITORY, INTO
A DEDICATED ELECTRICAL EASEMENT.
WHEREAS, the City of College Station, has received an application for a license to encroach into
an electrical 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 301 CHURCH AVENUE, L.P., to encroach into the
electrical easement at two separate locations, the City Council of the City of College Station,
finds the following facts:
Through no fault of the present property owner, portions of the structures
will be constructed in the electrical easement.
That there are no utilities, which would be interfered with by the utilization
of the property in its present status.
That there are no utilities, which would interfere with the utilization of the
property in its present status.
That the structures intrude into the easements to such a degree that it is not
economically feasible to remove the parts of the structures within the
easement.
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 City Council after hearing the application and finding the specific facts as stated
above now concludes and finds that:
The fact that the structures will be constructed within the electrical ease-
ment through no fault of the present property owner and that it is not
economically feasible to remove the parts of the structures within the
easement areas does constitute special circumstances and conditions af-
fecting the property which if not taken into consideration would deprive
the applicant of the reasonable use of its property.
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Resolution No. 01-11-01-10.09 Page 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 parts of the
structures 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.
The fact that the use of the easement areas 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 it;
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 301 CHURCH AVENUE, L.P., pertaining to the encroachment of portions of
structures at two separate locations within Lot 1, Block 6-7, W.C. Boyett Estates Partition, more
commonly known as the Traditions Dormitory, into the electrical easement. The terms of said
License Agreement are as set forth in the form, which is attached hereto as Appendix A" and
incorporated herein by reference for all purposes.
That this resolution shall be effective immediately upon adoption.
PASSED and APPROVED this 1 Ich
day of January ,2001.
ATTEST: APPROVED:
Lynn McIlhaney, Mayor 0L
APPROVED:
¢,
City Attt;mey
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LICENSE AGREEMENT
THE STATE OF TEXAS *
COUNTY OF BRAZOS *
K2qOW ALL MEN BY THESE PRESENTS:
That the City of College Station (hereinafter refe~ed to as "LICENSOR'S, acling though the
under~ed official who is so empowered by resolution of the City Council to so act in
consideration of the s~eement made herein by i;01 CHURCH AVENUE, L.P. (hereinafter
sefen'ed to as "LICENSEE'S, owner of Lot 1, Block 6-7, W.C. Boyett Estates Partition, College
Station, Texas, according to the plat ~eco~:led in Volume 100, Page 440 of the Deed Recoils of
Brazos County, Texas, hereby gnmts a license to the said LICENSEE to permit portions of
structures located on a portion of Lot 1, Block 6-'/, Boyett Estates Partition, College Station, Texas,
to encroach upon an electrical easement at two separate locations, as shown on Exh~its "A" and
'rB" att ' ' ·
ached hereto and incorporated hezem by ~efe~nce for all puzposes, 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 othe~ utility, or equipment, or interfere
in any way with such utility, including any d~alnsge structures which ase servicing the improvements
and othe~ property, and subject to the following terms and conditions:
Neither the g~anling of the license, nor any misted pennlt, constitutes an abandonment by
LICENSOR of its property, easement or easements, or any other ~bts in and to the above-
described property. LICENSEE expressly stipulating and st~-eing by LICENSEE's acceptance of
this license that LICENSEE neither asse~ts nor cl~i,~s any interest or ~ht of any type or nature
whatsoever, legal, equitable or otherwise in or to LICENSOR's p~operty.
LICENSEE hereby expressly covenants, stipulates and s~'ees, without limitation, to indemnify and
defend the LICENSOR and hold it hannless f~m any and all liability, claim, cause of action, and
cost, including attorneys' fee, and including any acts or omissions of the LICENSOR, its office~s,
agents, and employees, which may grow out of or be atLr~utable to the g~anting by the
LICENSOR of said license and any supplemental license which may hereafter be issued in
connection he,with 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 ~esto~e or cause to be restored the subject propexty to as
good a condition as existed p~ior to construction of the improvements which a~e the subject of this
License Ai~x'ement. LICENSEE shall pay all costs of ~elocafion of any public ufilitles or facilities
that may be incun~l as a ~esult of the p~oposed construction or actual construction.
LICENSEE agrees to comply with all laws and o~linances in the construction and maintenance of
said improvements.
LICENSOR setains the right, but not the obligation, to enter upon the ]and to which this license
plies and at LICENSEE's expense to move any structure or improvements or alterations
eykon upon the determination by LICENSOR that such ~emoval is necessary for exercising
LICENSOR's ~hts or duties in ~egs~d to said easement, or for protecting pemons or p~pe~ty, or
public interest in ~egsed to said easement.
This license, until its expiration or ~evocation, shall mn with the title to the above-described ~eal
p~operty, and the temzs and conditions he~eof shall be binding upon subsequent owners or holders
the~eo£. LICENSEE shall cause any immediate successo~ in interest to have factual notice of this
License Agreement.
This l/cense shall expise automatically upon ~emoval of the improvements located upon the
property pursuant to this license, and shall expire as to any portion of said improvements upon the
~emoval, whether or not sn o£the proposed improvements s~e removed.
This license is xevocable by the LICENSOR upon the occurrence of any of the follov,~g
conditions or events:
LICENSEE or its successors or assigns have failed to comply with the tenns
of the granting of the license; or
The hnpmvements 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
APPENDIX A
Said improvements or portions of them constitute a danger to the public
which is not remediable by maintenance or alteration of the saki improve-
ments; or
Said improvements or poi~dons of them have expanded beyond the scope of
the license; or
Maintenance or alteration necessary to alleviate danger to the public has not
be. en made within a reasonable time after the dangerous condition has
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 Coup. house.
APPROVED this the day of ,2001.
APPROVED:
301 CHURCH AVENUE, L.P.
LICENSEE
APPROVED:
CITY OF COLLEGE STATION,
LICENSOR
BY:
THOMAS KIRKLAND, President
BY:
LYNN MclLHANEY, Mayor
ATTEST:
CONNIE HOOI~, City Secretary
STATE OF TEXAS )
)
COUNTY OF BRAZOS )
CORPORATE ACKNOWLEDGMENT
This instrument was acknowledged before me on the __ day of September, 2000, by LYNN
McILHANEY, 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 )
)
COUNTY OF BRAZOS )
CORPORATE ACKNOWLEDGMENT
This instrument was acknowledged before me on the day of September, 2000, by THOMAS
KIRKLAND, as President of 301 CHURCH AVENUE, L.P., on behalf of said ps~tne~ship.
Notary Public in and for the State of Texas
j~la: hr~ do~a~nt~no'oaeb ~aditio~w l.do~
01/03/2001
-2-
JAN-03-2001 NED 09:22 aM C,S. PUBLIC NORKS FaX NO, 9797643489 P, 02
I " Exhibit A/1
ENCROACHMI~NT NO. ONE
METES AND BOUNDS DESCRIPTION
OFA
I404.6 SQUARE FOOT TRACT
PORTION OF BLOCK 6-7
W. C. BOYETT ESTATE PARTITION
COLLEGE STATION, BRAZOS COUNTY, TEXAS
,
METES AND BOUNDS DF. SCRIPTION OF AIJ, THAT CERTAIN TRACT OF LAND LYING
AND BI~ING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT
BEING A PORTION OF BLOCK 6-7, W. C. BOYETT ESTATES PARTITION, ACCORDING
TO THE PLAT RECORDED IN VOLUME 100, PAGE 440 OF THE DERD RECORDS OF
BRAZOS COUNTY, TEXAS. SAID TRACT BEING AN OVERLAPPING PORTION OF A
PROPOSED 5 STORY DORMITORY AND A PROPOSED 20 FOOT WIDE ELECTRICAL
EASEMENT TO BE DEDICATED BY PLAT.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT A 2 INCH HEXAGON IRON PIPE FOUND ON THE NORTHEAST
RIGHT-OF-WAY LINE OF BOYETT STKF. ET (50' R.O.W.) MARKING THE COMMON
CORNER OF SAID BLOCK 6-7 AND LOT 1, BLOCK 20, W. C. BOYETT ESTATE PAP, TIT[ON
(100/440), FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE SOUTHWEST RIGHT-
OF4VAY LINE OF SECOND STREET BEARS: N42° 32' 39'.' E FOP,, A DISTANCE OF 215.00
FEET AND AN "X" FOUND IN CONCRETE ON THE NORTHEAST LINE OF BOYETT
STREET BEARS: S 43~ 55' 03" E FOR A DISTANCE OF 535.92 FEET;
TIIENCE: N 42° 32' 39" E ALONO THE COMMON LINE OF SAID BLOCK 6-7 AND LOT 1,
BLOCK 20, FOR A DISTANCE OF 2.08 FEEl' TO A POINT ON THE NORTHEAST LINE OF
A PROPOSED VARIABLE WIDTH PUBLIC UTILITY EASEMENT (ALSO TO BE
DEDICATED BY PLAT);
THENCE: S 45° 29' 01" E THROUGH SAID BLOCK 6-7 AND ALON(] THE NORTHEAST
LINE OF SAID PROPOSED VARIABLE WIDTH EASEMENT FOR A DISTANCE OF 253.02
FEET TO A POINT ON TIiE NORTHWEST LINE OF SAID PROPOSED 20 FOOT WIDE
EASEIVI~T;
THENCE: N43° 14' 58" E ALONO THE NORTHWEST LINE OF SAID PROPOSED 20 FOOT
WIDE EASEMENT FOR A DISTANCE OF 7.43 FEET TO A POINT ON THE SOUTHWEST
LINE OF SAID PROPOSED DORMITORY MARKING THE POINT OF BEGINNING OF TIqIS
HEREIN DESCRIBED TRACT; ,
THENCE: N 43° 14' 58" E CON. TINU1NG ALONO THE NORTHWEST LINE OF SAID
PROPOSED 20 FOOT ~VIDE EASEMENT FOR ADISTANCE OF 70.24 FEET TO A POINT ON
I
JAN-03-2001
WED 09:23 AH O.S, PUBLIO WORKS FAX NO. 9797843489
ENCROACHMENT NO. ONE
THE NORTHEAST LINE OF SAID PROPOSED DORMITORY, SAID POINT BEING IN A
COUNTERCLOCKWISE CgRVE HAVING A RADIUS OF 1474.39 FEET;
THENCE: ALONG THE NORTI-IEAST LINE OF SAID PROPOSED DORMITORY AND
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 46' 38" FOR AN ARC
DISTANCE OF 20.00 FEET (CHORD BEARS: S 45° 59' 42" E - 20.00) TO A POINT ON THE
SOUTI-IEAST LINE OF SAID PROPOSED 20 FOOT WIDE EASEMENT; '
THENCE: S 43° 14' $$"'W ALONG THE SOUTHEAST LINE OF SAID PROPOSED 20 FOOT
WIDE EASEMENT FOR A DISTANCE OF 70.23 FEET TO A POINT ON TI-IE SOUTHWEST
LINE OF SAID PROPOSED DORMITORY, SAID POINT BEING IN A CLOCKWISE CURVE
HAVING A RADIUS OF 1554.79 FEET;
THENCE: ALONG THE SOUTHWEST LINE OF SAID PROPOSED DORMITORY AND
ALONG SAID CLfRVE TI-H~OUGH A CENTRAL ANGLE OF 00° 44' 14" FOR AN ARC
DISTANCE OF 20.00 FEET (CHORD BEARS: N 46~ 01' 33~ W - 20,00) TO TI-IE POINT OF
~ CONTAINING 1404.6 SQUARE FEEl' OF LAND MORE OR LESS, BEARING
ORIENTATION SHOWN I-I~REIN IS BASED ON GRID NORTH AS ESTABLISHED FROM
GPS OBSERVATION. SEE PLAT PREPAP~-D OCTOBER, 2000, FOR MORE DESCRIPTIVE
INFORMATION.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
D './WORK/MAB/00-0892C. MAB
REVISED 10-13-00
P, 03
/
JAN-03-2001 WED 09:29 AM O.S, PUBLIC WORKS FA× NO, 9797643489 P, 04
JAN-03-2001 WED 09:23 AM C.S. PUBLIC WORKS FAX NO, 9797643489 P. 05
Exhibit A/2
BNCKOACKIViENT NO. TWO
METES AND BOUNDS DESCRIPTION
OF A
1444 SQUARE FOOT TRACT
PORTION OF BLOCK 6-7
W. C. BOYETT ESTATE PARTITION
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TP, ACT OF LAND LYING
AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT
BEING A PORTION OF BLOCK 6-?, W. C. BOYE'fT ESTATES PARTITION, ACCORDING
TO TILE PLAT RECORDED IN VOLUME. 100, PAGE 440 OF TI-[E DEED RECORDS OF
BRAZOS COUNTY, TEXAS. SAID TRACT BEING AN OVERLAPPING PORTION OF A
PROPOSED 5 STORY DORMITORY AND A PROPOSED 20 FOOT WIDE ELECTRICAL
EASEMENT TO BE DEDICATED BY PLAT.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METF.~q AND BOUNDS AS
FOLLOWS:
COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHWEST RIGHT-OF-
WAY ~ OF SECOND STREET (40'R.O.W.) MARK[NO THE. COMMON CORNER OF SAID
BLOCK 6-7 AND LOT 8, BLOCK 20, W. C. BOYETT ESTATE PARTITION 000/440), FOR
REFERENCE A 9_ INC£-.t HEXAGON IRON PIPE FOUND ON THE NORTHEAST R/GIlT-OF-
WAY LINE OF B OYETT STREET (50' R.O.W.) MARKING TI IE COMMON CORNER OF S AID
BLOCK 6-7 AND LOT l, BLOCK 20, BEARS: S 42° 32' 39" W FOR A DISTANCE OF 215.00
FEET;
THENCE: S 48° 43' 31' E ALONG THE SOUTHWEST LINE OF SECOND STREET FOR A
DISTANCE OF 228.69 FEET TO A POINT MARKING THE NORTH CORNER OF SAID
PROPOSED EASEMENT, FOR REFERI~NCE A 5/g INCH IRON ROD FOUND ON THE
SOUTIIWEST LINE OF SECOND STREET BEARS: S 45° 43' 31' E FOR A DISTANCE OF
94.46 FEET;
THENCE: S 21° 04' 27" W THROUGIt SAID BLOCK 6~7 AND ALONG THeE NORTHWEST
LINE OF SAID PROPOSED EASEMENT FOR A DISTANCE OF 19,45 FEET TO A POINT ON
THE NORTHEAST LINE OF SAID PROPOSED DORMITORY MARKING TI-IF. POINT OF
BEGINNING OF THIS HEREIN DESCRIBED TRACt, SAID POINT BEING IN A
CLOCKWISE CURVE HAVING A RADIUS OF 1544.67 FEET;
TIIENCE: ALONG THE NORTHEAST LINE OF SAID PROPOSED DORMITORY AND
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 46' 47" FOR AN ARC
DIS. TANCE OF 21.02 FEET (CHORD BEARS: S ~0° 51' 45" E - 21.02) TO A POINT ON THE
SOUTHEAST LINE OF SAID PROPOSED EASEMENT;
JAN-03-2001
WED 09:24 A~ C.S.
PUBLIC WORKS
NO, 9797843489
BNCROACI-[MENT NO. TWO
THENCE: S 21° 04' 27" W ALONG THE SOUTHEAST LINE OF SAID PROPOSED
EASEMENT FORADISTA~. CE OF 32.49 FEET TO AN ANGLE POINT IN SAID SOUTHEAST
LINE;
THENCE: S 32" 57' 54" W CONTINUING ALONG THE SOUTHEAST LINE OF SkID
PROPOSED EASEMENT FOR A DISTANCE OF 39.71 FEET TO A POINT ON THE
SOUTHWEST LINE OF SAID PROPOSED DOKIViITORY, SAID POINT BEING IN A
COUNTERCLOCKWISE CURVE HAVING A I~%DIUS OF 1474.39 FEET;
THENCE: ALONG THE SOUTHWEST LI'NE OF SAID PROPOSED DORJvflTORY AND
ALONO SAID CURV]3 THROUOH A CENTRAL ANOLE OF 00° 46' 57" FOR AN ARC
DISTANCE OF 20.13 FEET (CHORD BEAle. S: N 50° 24' 39" W - 20.13) TO A POINT ON THE
NORTHWEST LINE OF SAID PROPOSED EASEMENT;
THENCE: N 32" $7' 54" E ALONG TH]! NORTHWEST LINE OF SAID PROPOSED
]~ASEMENT FOR A DISTANCE OF 35.31 FEET TO AN ANGLE POINT IN SAID
NORTHWEST LINE;
THENCE~ N 21° 04' 27" E CONTINUINO ALONO THE NORTHWEST LINE OF SAID
PROPOSED EASEMEN"r FOKA DISTANCE OF 36.88 FEET TO TI-I~ P_O1NT._OF
BEC, INNING CONTAINING 1444 .SQUARE FEET OF LAND MORE OR LESS. BEARING
ORIENTATION SHOWN HERF. IN IS BASED ON GRID NORTH AS ESTABLISI-IED FROM
OPS OBSERVATION. SEE PLAT PREPARED OCTOBER, 2000, FOR MOPE DESCRIPTIVE
INFORMATION.
BRAD KERR
REOIS~ PROFESSIONAL
LAND SURVEYOR No. 4502
D'.AVORK/MAB/00..0892 D. MAB
REVISED IOq3-O0
P, 06
JAN-03-2001 WED 09:24 AM C.S. PUBLIC WORKS
FAX NO, 9797843489
P, 07