HomeMy WebLinkAbout01/09/2003 - Regular Minutes City Council (3)RESOLUTION NO. 01-09-2003-10.07
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHO-
RIZING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A
LICENSE AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND
APPLICANT, OCC CONSTRUCTION CORP. DBA OAKWOOD CUSTOM
HOMES ("OAKWOOD CUSTOM HOMES") PERTAINING TO THE
ENCROACHMENT 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.
WHEREAS, the City of College Station, has received an application for a
license to encroach into a utility 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 Oakwood Custom Homes, Alton
Ofczarzak, President, to encroach into the easement, the City Council of the
City of College Station, finds the following facts:
Through no fault of the present property owner, a portion of the
structure was constructed in the utility easement.
2. That there are no utilities which would be interfered with by the
utilization of the property in its present status.
3. That there are no utilities which would interfere with the utilization
of the property in its present status.
4. 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.
5. 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 structure was constructed within the easement
through no fault of the present property owner and that it is not
economically feasible to remove the part of the structure within the
easement area does constitute special circumstances and condi-
Resolution 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:
a- n" _ I`'t\,M^ V
~
]L(~
Connie Hooks, City Secretary Ron Si Mayor
APPROVED:
City Attorney
LICENSE AGREEMENT
THE STATE OF TEXAS *
*
COUNTY OF BRAZOS *
KNOW ALL MEN BY THESE PRESENTS:
That the City of College Starion (hereinafter referred to as "LICENSOR"), acting through the
undersigned official who is so empowered by xesolution 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, accorcling to the plat recorded in
Volume 4820, Page 98 of the Official Records of Bxazos County, Texas, hereby grants a license to
the said LICENSEE to peYmit a portion of a structure located on a poYtion 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 incoxporated herein by refeYence for all purposes, owned and
occupied by the City of College Station, Brazos County, Texas, but such unprovements 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, consritutes an abandonment by
LICENSOR of its property, easement or easements, or any other rights in and to the above-
described property. LICENSEE expxessly 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 oY otherwise in or to LICENSOR's property.
LICENSEE heYeby expressly covenants, stipulates and agrees, without limitarion, 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 inclucling any acts or omissions of the LICENSOR, its officeYS,
agents, and employees, which may grow out of or be attributable to the gxanting 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 impYOVements which are the subject of this
License Agreement. LICENSEE shall pay all costs of xelocation of any public utilities or facilities
that may be incurred as a result of the proposed construcrion or actual construction.
LICENSEE agrees to comply with all laws and ordinances in the construction and maintenance of
said impxovements.
LICENSOR Yetains the right, but not the obligarion, to enter upon the land to which this license
applies and at LICENSEE's expense to remove any structuxe or improvements or alterarions
thereon upon the determination by LICENSOR that such Yemoval is necessary for exercising
LICENSOR's rights or duties in regard to said easement, or for pYOtecting persons or property, or
public interest in regard to said easement.
This license, until its expiration or revocarion, shall run with the title to the above-described real
pYOperty, and the terms and conditions hereof shall be bincling upon subsequent owners oY holders
thereo£ LICENSEE shall cause any unmediate successors in intexest to have factual norice of this
License Agreement.
This license shall expire automatically upon removal of the unprovements located upon the property
pursuant to this license, and shall expire as to any portion of said improvements upon the removal,
whether ox not all of the proposed unprovements 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
granring of the license; or
B. The improvements located theYeon or any porrion of them interfere with the rights
of the LICENSOR or the public in or to LICENSOR's pxoperty; or
C. The use of the licensed area becomes necessary for a public purpose; ox
D. Said improvements or a portion of them constitute a danger to the public which is
not remediable by maintenance oY 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 Yeasonable time after the dangexous condition has arisen.
This license shall be effective upon the acceptance of the terms heYeof 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 Starion, a Texas
Municipal Corporarion, on behalf of said Corporation.
Notary Public in and for
the State of T E X A S
Exhibit "A"
That Portion of #3805
Whlch Encroachss in a
20' Public Udlity Eeaement
Lot 3R, Bbck 1
Amending Plat of Lots 2& 3, Block 1
Bridle Oete Estetes, Phese 1
va. 4e20, Pg. 88
Robert Stevenson Suroey, A-54
College Station, Brazos Caunty, Texas
Fleld notes of a 7.20 square foot tract or parcel of (and, lying and being situated in the Robert
Stevenson Survey, Abstract No. 54, ColEege Statbn, Brazos County, Texas, and being that portion of the
singie family resldenCa #3806 whlch encroached into e 20' Pubiic Utlliry Easement located on Lot 3R,
Block 1, as shown on the Amending Plat of lots 2& 3, Bludc One, Bridfe Gate Estates, Phase One,
recorded in Volume 4820, Page 98, of the Official Records of 8razos County, Texas, and being more
particularty described as idlows:
COMMENCING at the 1/2" 3ron rod found marking the common rear comer between Lots 3R and 4,
Block 1;
THENCE N 11' 04' 41' E for a dlstance of 30.96 feet to a 60d nail set in the northwest Une 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 (toundat(on) of the single famify residence located at #3805 Bridle
Trails Court, as follows:
S 74• 18' 21" E for a dEstance of 0.48 feet,
N 63' 35' 10" E for a distance of 5.65 feet,
N 16' 26' 32' E fora dfstance of 2.75 feet to a 60d nait set in the northwest line of the 20'
PubUc Utiiity Easement;
THENCE S 51' 19' 08' W along the northwest Iine 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 teet of land. more or less.
Surveyed November 2002
By~~.
S. M. Kling
R.P.L.S. Na. 2003
eua&W EAA:~rrWCHMEnrr ,u~x
c&F e&~ asrAACE
L1 57I'1d1lT 0.46'
C? N6.3'J5'101r 565'
C3 N76'26:72'E 275'
L4 S51'19'081V 8.05'
~
LOT 4
-
- K E
iRNISfORMCR PAD
~
E1L 01
1E1L1~ISS1011~
Pm[SfAL
ti
TUONM
PF.OESUL
1/! LUN R00
wcm w rovNo
901.
gn
- ~f83~'
u ~
~ {~'3;•'y~;s
, y
'
,
V~
`
~
.
.
scALE: 1'-20'
~
~
~ LOT,' 2R ~
i
• - . . ~ ~
. .
p.,ETBACK
. . ,
c ~
. . . ,
-ss----------1-----,
LOT 3R
w ~E
UMlIY F/3EYE71T
t lUIIDING UNE ►eNC[ POSf 6R5:H 76•37'4TM-0.9'
fflpJI1CNE MOrRlff7 W. t70. IIr IEpI R00-
e.79 ACPK nucr /"-w' Axess wmi ur rouw
Vq.. 3797. P0. 249 EASEMUNT 20'u30' C7E FASEMENi
KLINC