HomeMy WebLinkAbout6-25-98-5-h - Resolution - 06/25/1998RESOLUTION NO. 6-25-98-5-h Page 2
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 AGGIE INNS II pertaining to the encroachment
of a portion of a structure located at Lot 9, Block 1, Tauber Addition, into the
easement area. The terms of said License Agreement are as set forth in the form
which is attached hereto as Attachment "A" and incorporated herein by reference
for all purposes.
II.
That this resolution shall be effective immediately upon adoption.
PASSED and APPROVED this 25th day of June, 1998.
APPROVED:
LYNt/q MclLHANEy, M~or
ATI'EST:
CONNIE HOOKS, City Secretary
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'), achng 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 AGGIE INNS II (hereinafter referred to as
"LICENSEE'), owner of Lot 9, Block 1, Tauber Addition, College Station, Texas according to the
plat recorded in Volume 133, Page 182, of the Deed Records of Brazos County, Texas, hereby
grants a license to the said LICENSEE to permit a portion ora structure located at Lot 9, Block 1,
Tauber Addition, 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 fights 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 LICE2qSOR'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 agrees to comply with all laws and ordinances in the 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 fights 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 fights
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
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.
jllc.'lwrndo~*lv~nworo~ ...... hUtauber, doc ATTACHMENT "A"
6/25/98
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 June, 1998.
APPROVED: APPROVED:
AGGIE INNS II,
LICENSEE
CITY OF COLLEGE STATION,
LICENSOR
BY: BY:
JAMES T. McCULLOUGH
Manag/ng Partner
LYNN MclLHANEY, Mayor
AI'IBST:
CONNIE HOOKS, City Secretary
STATE OF TEXdkS
)
COUNTY OF BRAZOS )
CORPORATE ACKNOWLEDGMENT
This instrument was acknowledged before me on the day of ~ 1998,
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 ofT E X A S
STATE OF KANSAS )
)
COUNTY OF RILEY )
PARTNERSHIP ACKNOWLEDGMENT
This instrument was acknowledged before me on the -- day of
I998, by JAMES T. McCULLOUGH as Managing Partner of AGGIE INNS II, a
partnership, on behalf of said partnership.
Nota~/Public in and for
the State of K A N S A S
-2-
METES AND BOUNDS DESCRIPTION
OFA
I I SQUARE FOOT ENCROACHMENT
ON A PUBLIC UTILITY EASE3vLENT
PORTION OF LOT 9, BLOCK 1, TAUBER ADDITION
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDs DESCRIPTION OF A 11 SQUARE FOOT ENCROACHMENT ON A
PUBLIC UTILITY EASEMENT BEING SITUATED IN THE TAUBER ADDITION, COLLEGE STATION,
BRAZOS COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 133, PAGE 182 OF
THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID ENCROACHMENT BEING A PORTION
OF LOT 9, BLOCK 1 OF SAID TAUBER ADDITION.
SAID ENCROACHMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING AT AN "X" IN CONCRETE FOUND MARKING THE COMMON CORNER OF SAID
LOT 9, LOT 10, LOT 3 AND LOT 4, BLOCK I, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON
THE NORTHEAST RIGHT-OF-WAY LINE OF TAUBER STREET (50' ILO.W.) MARKING THE
COMMON CORNER OF LOT 3 AND LOT 4 BEARS: S 41 ° 49' 53" W FOR A DISTANCE OF 110.00
FEET;
THENCE: N 41 ° 49' 53" E ALONG THE COMMON LINE OF SAID LOT 9 AND LOT 10 FOR A
DISTANCE OF 7.50 FEET TO A POINT ON THE NORTHEAST LINE OF SAID PUBLIC UTILITY
EASEMENT, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE SOUTHWEST RIGHT-OF-
WAY LINE OF STASNEY STREET (50' ILO.W.) MARKING THE COMMON CORNER OF LOT 9 AND
10 BEARS: N 41 ° 49' 53" E FOR A DISTANCE OF 142.25 FEET;
THENCE: N 47° 47' 38" W THROUGH SAID LOT 9 AND ALONG THE NORTHEAST LINE OF SAID
EASEMENT FOR A DISTANCE OF 5.02 FEET TO THE POINT OF BEGINNING OF THIS HEREIN
DESCRIBED ENCROACHMENT;
THENCE: THROUGH SAID EASEMENT FOR THE FOLLOWIiXIG CALLS:
S 42° 13' 03" W FOR A DISTANCE OF 0.38 FEET TO A POINT;
N 47° 42' 29" W FORA DISTANCE OF 30.02 FEET TO A POINT;
N 42° 12' 21" E FOR A DISTANCE OF 0.34 FEET TO A POINT ON THE NORTHEAST LINE
OF SAID EASEIVIENT;
THENCE: S 47° 47' 38" E ALONG THE NORTHEAST LINE OF SAID EASEMENT FOR A DISTANCE OF 30.02
FEET TO THE POINT OF BEGINNING CONTAINING i1 SQUARE FEET OF LAND AS SURVEYED ON THE
GROUND OCTOBER, 1997.. FOR MORE DESCRIPTIVE INFORMATION SEE PLAT PREPARED MARCH, 1998.
BEARIlqG ORIENTATION SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM CITY OF
COLLEGE STATION GPS
MONUMENT/~_
BRAD KERR ;'
REGISTERED PROFESSIONAl. '
LAND SURVEYOR No. 4502 D:\work\98-14 l*2.mab
EXHIBIT "A'
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