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Home My WebLink About12-9-99-15.15 - Resolution - 12/09/1999RESOLUTION NO. 12-9-99-15.15 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, COMMERCE NATIONAL BANK, PERTAINING TO THE ENCROACHMENT OF A DRAINAGE DETENTION FACILITY INTO PORTIONS OF THE PUBLIC UTILITY EASEMENTS LOCATED ON LOT 14B, BLOCK "T', ACCORDING TO PLAT RECORDED IN VOLUME 2997, PAGE 261, UNIVERSITY PARK, SECTION II, AND LOT 12, BLOCK "T", ACCORDING TO PLAT RECORDED IN VOLUME 648, PAGE 231, UNIVERSITY PARK SECTION II, OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. 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 Commerce National Bank, to encroach into the easement, the City Council of the City of College Station, finds the following facts: 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 its property. That there are no utilities which would be interfered with by the utilization of the property in its present status. o That the liense is necessary for the preservation and enjoyment of the substantital property right of the appliant. That the granting of the license will not be detrimental to the public health, safety or welare or injurious to another party in the area. 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 use of the easement area by the property owners 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 Resolution No. 12-9-99-15.15 Page 2 As a condition of granting the License to Encroach, the applicant shall uncover and construct a concrete cap on any underground electrical conduit within this encroachment, if covered with less than four (4) feet of soil, or to relocate the lines at no expense to the City of College Station. WHEREAS, the applicants agree to accept the terms of the License Agreement as presented to them; 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 Commerce National Bank pertaining to the encroachment of a portion of a drainage structure located on Lot 14B, Block "T" and a portion of Lot 12, Block "T", University Park, Section II, into the easement area(s). 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. II. That this resolution shall be effective immediately upon adoption. PASSED and APPROVED this 9th day of December, 1999. ATTEST: CONNIE HOOKS, City Secretary APPROVED: LYN MCILHANEY, May /r APPROVED: LICENSE AGREEMENT THE STATE OF TEXAS * COUNTY OF BRAZOS ':' 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 COMMERCE NATIONAL BANK (hereinafter referred to as "LICENSEE"), owner of Lot 12, Block "T', University Park Section II, College Station, Texas, according to the plat recorded in Volume 6,4,8~, Page 231 of the Official Records of Brazos County, Texas, and owner of Lot 14-B, Block ' T', University Park, Section II, according to the Plat recorded in Volume 2997, Page 261, 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 12, Block T" and a portion of Lot 14-B, Block "T", University Park Section II, 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 facilit!es 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 saideasement. 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, anu 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: LICENSEE or its successors or assigns have failed to comply with the terms of the granting of the license; or 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 Dy maintenance or alteration of the said improve- ments; 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 O(~'% day of December, 1999. APPROVED: LCi~ NATIONAL BANK, ALLAN W. HANSON, President APPROVED: CITY OF COLLEGE STATION, LICENSOR EYN~ MclLHANEY, MayV CONNIE HOOKS, City Secretary STATE OF TEXAS COUNTY OF BRAZOS CORPORATE ACKNOWLEDGMENT This instrument was acknowledged before me on the j~ day of December, 1999, by LYNN MclLHANEY, as Mayor of the City of Co e~I~-Station, a Texas Municipal Corporation, on behalf of said Corporation. ](*{'~l~ Nota~ Public, Slate of Texas [ ~1 ~'~'~/ My Commission Expires I,~ Not~'y'Ptibli~c'in and-for the SOte of T E X A S STATE OF TEXAS / CORPORATE ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the / '~--)-day of December, 1999, by ALLAN W. HANSON as President of COMMERCE NATIONAL BANK, on behalf of said 12/09/1999 Notary Public in and for the State of Texas METES AND BOUNDS DESCRIPTION OF A 4006 SQUARE FOOT EASEMENT ENCROACHMENT PORTION OF LOT 12, BLOCK "T" AND A PORTION OF LOT 14-B, BLOCK "T" UNIVERSITY PARK, SECTION II COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED 1N COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF LOT 12, BLOCK "T", UNIVERSITY PARK, SECTION II, ACCORDING TO THE PLAT RECORDED IN VOLUME 648, PAGE 231 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND A PORTION OF LOT 14-B, BLOCK "T", UNIVERSITY PARK, SECTION II, ACCORDING TO THE PLAT RECORDED IN VOLUME 2997, PAGE 261 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD FOUND ON THE NORTHWEST RIGHT-OF-WAY LINE OF UNIVERSITY DRIVE (F.M. 60 - 140' R.O.W.) MARKING THE COMMON CORNER OF SAID LOT 12 AND LOT 14-B; THENCE: S 58° 42' 10" W ALONG THE NORTHWEST LINE OF UNIVERSITY DRIVE, SAME BEING THE SOUTHEAST LINE OF SAID LOT 14-B, FOR A DISTANCE OF I0.11 FEET TO A POINT, FOR REFERENCE A 5/8 INCH IRON ROD FOUND MARKING AN ANGLE POINT IN THE NORTHWEST LINE OF UNIVERSITY DRIVE BEARS: S 58° 42' 10" W FOR A DISTANCE OF 44.82 FEET; THENCE: N 22° 56' 55" W THROUGH SAID LOT 14-B AND ALONG THE WEST LINE OF AN EXISTING 10 FOOT WIDE PUBLIC UTILITY EASEMENT FOR A DISTANCE OF 40.55 FEET TO ,A POINT MARKING THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 415.90 FEET; THENCE: CONTINUING THROUGH SAID LOT 14-B AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 o 05' 13" FOR AN ARC DISTANCE OF 7.89 FEET (CHORD BEARS: N 23° 29' 32" W - 7.89) TO A POINT MARKING THE NORTHWEST CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE: N 42° 41' 58" E THROUGH SAID LOT 14-B AND LOT 12 FOR A DISTANCE OF 32.45 FEET TO A POINT ON THE EAST LINE OF AN EXISTING 20 FOOT WIDE PUBLIC UTILITY EASEMENT, SAID POINT BEING IN A CLOCKWISE CURVE HAVING A RADIUS OF 445.90 FEET; THENCE: THROUGH SAID LOT 12 AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 44' 05" FOR AN ARC DISTANCE OF 21.28 FEET (CHORD BEARS: S 24° 18' 57" E - 21.28) TO A POINT MARKING THE ENDING POINT OF SAID CURVE; 99-1031C PG1- Exhibit "A" THENCE: S 22° 56' 55" E CONTINUING THROUGH SAID LOT 12 FOR A DISTANCE OF 15.96 FEET TO A POINT ON THE NORTH LINE OF AN EXISTING 20 FOOT PUBLIC UTILITY EASEMENT; THENCE: CONTINUING THROUGH SAID LOT 12 AND ALONG THE NORTH LINE OF SAID EXISTING 20 FOOT PUBLIC 0TILITY EASEMENT FOR THE FOLLOWING CALLS: N 58 ° 46' 09" E FOR A DISTANCE OF 47.44 FEET TO A POINT; N 20° 18' 33" W FOR A DISTANCE OF 6.42 FEET TO A POINT; N 69° 4 I' 27" E FOR A DISTANCE OF 74.08 FEET TO A POINT ON THE WEST LINE OF SPRING LOOP (70' R.O.W.), SAID POINT BEING IN A CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE WEST L~qE OF SPRING LOOP MARKING THE END~qG POrNT OF SAID CURVE BEARS A CHORD DISTANCE OF N 15° 51' 37" W- 6.17; TFIENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 78 ° 28' 22" FOR AN ARC DISTANCE OF 34.24 FEET (CHORD BEARS: S 30° 27' 51" W - 31.63) TO A 5/8 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF UNIVERSITY DRIVE MARKING THE ENDING POINT OF SAID CURVE; TItENCE: S 69° 41' 27" W ALONG THE NORTHWEST LINE OF UNIVERSITY DRIVE FOR A DISTANCE OF 14.42 FEET TO A 5/8 INCH IRON ROD FOUND MARKING AN ANGLE POINT IN SAID LINE; THENCE: S 58 o 46' 09" W ALONG THE NORTHWEST LINE OF UNIVERSITY DRIVE FOR A DISTANCE OF 102.51 FEET TO THE POINT OF BEGINNING CONTAINING 4006 SQUARE FEET (0.092 OF AN ACRE) OF LAND MORE OR LESS AS SURVEYED ON THE GROUND MAY, 1999. SEE PLAT PREPARED AUGUST, 1999, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON THE PLAT CALL BEARINGS OF UNIVERSITY PARK, SECTION II, 648/231 AND BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D'./WORK/MAB/99-1031C.MAB REVISED 09-20-99 99-1031C PG 2 - Exhibit "A" ?.,% _~ :~g z ~',Sz ~z ~>o< ~z~ t'~-c,4~cq II II II II I 11o~3