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Home My WebLink About6-25-98-5-i - Resolution - 06/25/1998q so[ution RESOLUTION NO. 6-25-98-5-i A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHO- RIZING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXE- CUTE A LICENSE AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND APPLICANT, AGGIE INNS II, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 16, BLOCK 2, TAUBER ADDITION, INTO THE EASEMENT. WHEREAS, the City of College Station has received an application for a license to encroach into a utility easement; and WHEREAS, the City of College Station regulates encroachments upon easements pursuant to Chapter 3, Section 4, of the Code of Ordinances of the City of College Station; and 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 as set out in said Chapter 3, Section 4, of the Code of Ordinances; and 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 sWucture within the easement area does constitute special circumstances and conditions affecting the property which if not taken into consideration would deprive the applicant of the reasonable use of its property; 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 fight of the applicant; 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 it; RESOLUTION NO. 6-25-98-5-i 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 16, Block 2, 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: LYNN McILHANEy, May~r ATI~LST: CONNIE HOOKS, City gecretary LICENSE AGREEMENT THE STATE OF TEXAS * COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS: 'Dmt 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 AGGIE INNS II (hereinafter referred to as "LICENSEE"), owner of Lot 16, Block 2, 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 ofa sWucture located at Lot 16, Block 2, Tauber Addition, College Station, Texas, to encroach upon the easement, as shown on ELxhibit "A" attached hereto and incorporated herein by reference for all purposes, owned and occupied by the City of College Stafon, Brazos County, Texas, but such improvements shall be at all times under and not in contact w~th any elecmc, water, sewer, or other utility, or equipment, or interfere in any way with such utility, including any drainage structures which are serv/cing the improvements and other property, and subject to the following terms and conditions: Neither the granting of the license, nor any related permit, consututes an abandonment by 1.1CENSOR of its property, easement or easements, or any other fights in and to the above described property. LICENSEE expressly stipulafng and agreeing by LICENSEE's acceptance of this license that LICENSEE neither asserts nor claims any interest or fight 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 atiomeys' 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 connecfon herewith including any inspections which may be conducted in connection with or pursuant to said license or any supplemental license. LICENSEE agrecs to comply with all laws and ordinances in thc maintenance of said ~mprovements. LICENSOR retains the right, but not the obligatnon, to enter upon the land to which this license applies and at LICENSEE's expense to remove any structure or improvements or alterat:ons 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 mn with the title to the above-descfibed 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 E. Svad 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 ofJune, 1998. APPROVED: APPROVED: AGGIE INNS II, LICENSEE CITY OF COT T FGE STATION, LICENSOR BY: BY: JAM~T. McCU~UGH M~Partner LYNN McILI-IANEY, Mayor ATI'EST: CONNIE HOOKS, City Secretary STATE OF TEZKAS ) ) COUNTY OF BRAZOS ) CORPORATE ACKNOWLEDGMENT This instrument was acknowledged before me on the __ day of , 1998, by LYNN McILHANEY, ~s 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 insmament was acknowledged before me on the -- day of 1998, by JAMES T. McCULLOUGH as Managing Partner of AGGIE INNS II, a partnership, on behalf of said partnership. Nomxy Public in and for the State of K A N S A S -2- METES AND BOUNDS DESCRIPTION OF A 6 SQUARE FOOT ENCROACHMENT ON A PUBLIC UTILITY EASEMENT PORTION OF LOT 16, BLOCK 2, TAUBER ADDITION COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF A 6 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 16, BLOCK 2 OF SAID TAUBER ADDITION. SAID ENCROACHMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING Al' A 5/8 INCH 1RON ROD FOUND MARKING THE COMMON {2ORNER OF SAID LOT 16, LOll' 15, LOT 5 AND LOT 6, BLOCK 2, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE NORTHEAST RIGHT-OF-WAY LINE OF TAUBER STREET (50' R.O.W.) MARKING THE COMMON CORNER OF LOT 5 AND LOT 6 BEARS: S 41 ° 49' 53" W FOR A DISTANCE OF 125.00 FEET; THENCE: N 41 ° 49' 53" E ALONG THE COMMON LINE OF SAD LOT 16 AND LOT 15 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' R-~W.) MARKING THE COMMON CORNER OF LOT 15 AND 16 BEARS: N 41 ° 49' 53" E FOR A DISTANCE OF 119.75 FEET; TItENCE: S 47° 47' 38" E THROUGH SAiD LOT 16 AND ALONG THE NORTHEAST LINE OF SAID EASEMENT FOR A DISTANCE OF 6.14 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED ENCROACHMEq, IT; TItENCE: S 47° 47' 38" E CO~G THROUGH SAiD LOT 16 AND ALONG THE NORTHEAST LINE OF SAiD EASEMENT FOR A DISTANCE OF 30.11 FEET TO A POINT; THENCE: THROUGH SAID EASEMENT FOR THE FOLLOWING CALLS: S 42° 21' 36" W FOR A DISTANCE OF 0.29 FEET TO A POINT; N 47° 28' 27" W FOR A DISTANCE OF 30.11 FEET TO A POINT; N 42° 21' 36" E FOR A DISTANCE OF 0.12 FEET TO THE POINT OF BEGINNING CONTAINING 6 SQUARE FEET OF LAND AS SURVEYED ON THE GROUND OCTOBER, 1997.. FOR MORE DESCRIPTIVE INFORMATION SEE PLAT PREPARED MARCH, 1998. BEARING ORIENTATION SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM CITY OF COLLEGE STATION GPS M BRAD KERR ~ REGISTERED PROFESSIONAL /i LAND SURVEYOR No. 4502 // · I~Xw~d~g8-14 l- l.mab EXHIBIT "A" / 11111 / / / / / /