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Home My WebLink About04-27-94-3.9 - Resolution - 04/27/1994C] so[ution NO. 4-27-94-3.9 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, C.B. GOSWICK III, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 11, BLOCK 30, SOUTHWOOD VALLEY SECTION 8-B, MORE COMMONLY KNOWN AS 3001 LONGLEAF DRIVE, 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 C.B. GOSWICK III 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. 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 uti- lization of the property in its present status. That the structure intrudes into the easement to such a de- gree that it is not economically feasible to remove the part of the structure 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 structure was constructed within the ease- ment through no fault of the present property owner and that Resolution No. 4-27-94-3.9 Page 2 it is not economically feasible to remove the part of the structure within the easement area does constitute special circumstances and conditions affecting the property which if not take into consideration would deprive the applicant of the reasonable use of his 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 right 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 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 C.B. GOSWICK III pertaining to the encroachment of a portion of a structure located at Lot 11, Block 30, Southwood Valley Section 8-B, more commonly known as 3001 Longleaf Drive, 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 reference for all purposes. I1. That this resolution shall be effective immediately upon adoption. PASSED and APPROVED this 27th ATTEST: O~Sie Hooks, City Secretary day of April, 1994. 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"), actingthrough the undersigned official who is so empowered by resolution of the City Council to so act in consideration of the agreement made herein by C.B. GOSWICK III (hereinafter referred to as "LICENSEE"), owner of Lot 11, Block 30, Southwood Valley Section 8-B, College Station, Texas (more commonly known as 3001 Longleaf Drive), according to the plat recorded in Volume 368, Page 665, of the Deed Records of Brazos County, Texas, hereby grants a license to the said LICENSEE to permit a portion of the structure located a Lot 11, Block 30, Southwood Valley Section 8-B, in the City of 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 drain- age 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 LICEN- SEE neither asserts nor claims any interest or right of any type or nature what- soever, 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 his 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 facilities which 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 struc- ture or improvements or alterations thereon upon the determination by LICEN- SOR 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 inter- est 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 Agree- ment. 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: 04/2i/J~4 EXHIBIT "A" Ao Co LICENSEE or his successor has 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 The use of the licensed area becomes necessary for a public purpose; or 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 Said improvements or a portion of them have expanded beyond the scope of the license; or 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's Office, Brazos County Courthouse, Bryan, Texas. APPROVED this the ~ day of ,1994. APPROVED: APPROVED: CITY OF COLLEGE STATION, LICENSOR C.B. GOSWICK III LICENSEE BY: LARRY RINGER, Mayor ATTEST: Connie Hooks, City Secretary STATE OF TEXAS ) ) COUNTY OF BRAZOS ) ACKNOWLEDGMENT This instrument was acknowledged before me on the ~ day of April, 1994, by MAYOR LARRY RINGER, 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 ) ACKNOWLEDGMENT This instrument was acknowledged before me on the ~ by C.B. GOSWlCK III. day of April, 1994, 04/21/94 Notary Public in and for the State of T E X A S -2- F~eld Notes 3001 .Longlea~ Drive Lot Ii, Block 30 A description of the encroachment of part of a one-storylgbrage, located at 3001 Longleaf Drivel on a 10' wide utility easement, lying within Lot 11, Block 30, SOUTHWOOD VALLEY SECTION 8-B, City of College Stark,nj Brazos County, Texas, according to the plat recorded in Volume 368, page 665, Deed Records of said county and being further described as follows: COMMENCING at the most northerly corner of'said Lot 11, in the easterly ri§hr-of-way line of 70' wide Treehouse Traill THENCE S 67001'55" E along the northerly line of said Lot 11, a distance of 27.05;' THENCE S 22°58'05'' W, across part of said I0' wide utility easement, a distance of 9.Y to t. he most northerly corner of said garage, for the POINT OF BEGINNING of encroachment; THENCE S 18'26'51" W) across part of said I0' wide utility easement, along said garage line, a distance of 0.7') THENCE S 67°01'5§'' E along the southerly line of said 10' wide utility easement, across said garage, a distance of 20.~6'I THENCE along the lines of said garage the following calls.' N 18°26'51'' E, across part of said i0' wide utility easement, a distance of 2,3'; N 71'33'09" W, across part of said 10' wide utility easement, a distance of 20.3', to the POINT OF BEGINNING of encroachment and contain,rig 30..~ square feet more or less lying within said 10' wide utility easement. April 5, 199q EXHIBIT "A" - Page 1 I0 MacArthur Surveys ~nc, P.O, Box a,592 Bryan, Texas 77905 (~109) 775-8609 ~O' UTIL. iTY EA~NT 2q 5,~'M .~ ' COT i 6 Record documents per Lawyers Title Co. GF# S]q0099 Ot4F ~TOI~Y b .Ix City Ordinance Deed Rest. ~001 L. ON6L. PAI= IDI~ I VE Lot 11, Block 30, SOUTHWOOD VALLEY SECT]ON g-Bt an addition to the City o! College Station, Erazos County, Texas, according to the plat recorded in Volume 358, page 66§, Deed Records of Brazos County, Texas. I~ 3ames W, MacArthur~ Registered Pro:[essiona[' Land Surveyor~ No. 2089~ do hereby certify that this plat correctly represents a Survey, on the ground, made by me or under my direction November 1993. This plat was prepared ~or the purpose o! Title Survey ~or Goswick. tl93-1397 There are no visible encroachments other than those shown hereon. Based on the information scaled ~rom the FEMA map dated 3uly 2, 1992~ Panel No. ~g0~,[C0182 C, this property does not lie within a designated 100-year Jlood area. EXHIBIT "A" - Page 2