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Home My WebLink About07-21-93-4.5 - Resolution - 07/21/1993 · * . ~ ' W ' = .' ' ~ ' '-----'~'~/ \~'~-'---- '--' \~ ' '~'--------,'" ' ----- /-' ' . , =-- , ' v ' , -~ '~' '~ ? ' .""r, "~ "~': '---" '. :.: .' · ~ ' ' .,.' ,~ ~ ,, . .,,, RESOLUTION NO. 7-21-93-4 5 '" %" ., . . ,..- -, ..'~ 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, ~';::~.. OVIVl, INC., PERTAINING TO THE ENCROACHMENT OF TWO STRUCTURES ,,..',.. { LOCATED AT LOT 2B, BLOCK 1, A RESUBDIVISION OF LOT 2, SOUTHWEST PLACE, COLLEGE STATION, INTO THE EASEMENT. -':':: WHEREAS, the Ci~ of College Station, has recehted an application for a license ., __-.""~*. to encroach into a util~ easement; ~ .,~.."~'~ :., , .. WHEREAS, the City of College Station has enacted Ordinance No. 1645 regu- _. ~, lating, controlling and govermng encroachments; ', , .. ' WHEREAS, in order for a license to be granted by the C~ Council of the Ciht of ~ .... College Station, the Council must make certain findings of facts: ~-"--~ '~'. ..... WHEREAS, after hearing the application of Ovivi, Inc., to encroach into the . "";';'~ easement, the City Council of the City of College Station, finds the following ~'~:, facts: ~..... ~.~.;.-_.~..- 1, Through no fault of the present property owners, a portion of the -- "'~" :.'i '" structures was constructed in the utility easement. ---~T:~.~ ...... 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 ~'"' ' .i!~'-':' of the property in its present status. '-" · ..... -,.. 4, That the structures intrude into the easement to such a degree · '-,-* that it is not economically feasible to remove the part of the , ......... : - "- structures within the easement. ~-. ~ . ' ~. . ._./,:! , ...~': ,;.~.--.. ".:'.,.'~l 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: 1. The fact that the structures were 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 structures within , · , -. the easement area does constitute special circumstances and · './i~ :j . ~,-~..,,_~, ...... . ....... , ,~_~, ~. , . . ·-.. ', i: ._--',-,. ,'.':" ~: RESOLUTION NO. 7-21-93-4.5 PAGE 2 i:~, .,....,.. -"--'; .',;- conditions affecting the property which if not take into considera- -.-....' tion would deprive the applicants of the reasonable use of their ~_... '. ,' - property. ~.".,.., :~,.,~' ,,,,, ....,~--.,~ 2. lbo fact that the land use is not likely to change within the fore- ~"'~' /.'~'"'·--'. seeable future and that it is not e¢onomicalht feasible to remove ,.. the part of the structures within the e~qement does provide a ..-::~. . z:: basis for granting the license ne~ssa~ for the preservation and .--- .~. '~' >~ enioyment of the substantial property right of the applicants. .. 3. The fact that the use of the easement area by the property '~: - owners does not intedere with the utilities or access to the utilifies :~.~.'~; · ~.. -~ and is not detrimental to the public health, safely or welfare or ,.. _-- injurious to the property in the area. ,--.. .,: ...:._... WHEREAS, the ?plicant agrees to accept the terms of the license agreement ...~.,,~,~ ,;i-.,,,; as p resented to' ~.,",:,, .· NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY .~_z..=.-_ , ;'. '~ OF COLLEGE STATION: ...~)... {., . · T_hat the Mayor is hereby authorized to execute on behalf of the City of College ,;. . Station a License Agreement with Ovivi, Inc., pertaining to the encroachment of ._~..,/ ;,.' a portion of two structures located at Lot 2B, Block 1, of the resubdivision of Lot ~ · ..... ;-~ 2, Southwest Place, College Station, Texas, into the easement area. The terms ~,T_ ,:,, · ':'-" of said License AQreemen~ are as set forth in the form which is attached hereto as Exhibit "A" and ~ncorporated herein by reference for all purposes. /., ---' .~-.T,'."'-',' ""~. ~ II. i*', ,,,r .... (, ~. That this resolution shall be effective immediately upon adoption. ";"-~'.. . PASSED and APPROVED this 2 :[st. day of ~T~].y ,1993. ~,~.'?!.. · '.. APPROVED: - : ,;:., ,,5~ ~-", .... '~,o~nie Hooks, G~ Secretary '"~':' ., '..."'-, -k~. THE STATE OF TEXAS COUNTY OF BRAZOS U(~ENSE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: .Th~ the City of Colleg.e 8tatlon (hereinafter referred to as "LICENSOR*), acting through the u. naerslgned ofllclal who Is. so e. mpowered by resolution of_the C_lty Cou.n. cil t.o. so.a~.in oorm~aeratkin of the agreement maas nereln by OVM, lNG., a rex. as ~,orporaaon (nermnaner. referred to aa "UCENSEE'), owner of Lot 2B., Block 1, of the resu.l~l. Ivision of Lot 2, Scut _hwqst Place, Colleg.e Station, Texas, according to. me plat recorded in Volume 498, Page 77Stol the Deed Recoras of Brazce County, Taxis, nereoy grants a license to the said UCENSEE to permit a ~rtion of the structures located at LOf_2B, Block 1, of t. he rasubdlvi~lon of .Lot 2, Southwest Place, In the C~ of Coll~_ e Station, ,exas, to encroach upon the e. aseme .r~, as shown on Exhibits "A" and "B' attacr~ed hereto and Inoo.rpora_ted herein by r_merence ~or a. II purposes, owned and cccupled by the. City ~ Coil.age Station, urszce uou _my, Texas; but sucn Improvements shall.be at .all tim. as u. naer. ana not In contact with a_ny electric, water, s.ew.e, r, or other utility, or equlpmem,, or ~mene. re In any way with s.uch utility, includln, g a.ny aralnage structures which are esrv~ang the improvaments and other property, aha suoject to the following terms and conditions: Neither the granting of the license, nor any related perm,, constitutes an.abandon, ment by UCEN80R of Its property, easement or easements, or any omar rights In and to the aoove- described property. UCENSEE .exp. resaly stipulating and agreeing byl.lCENSEE's acceptance of this license that LICENSEE n~ner asserts nor claims a__ny Inte,rest or right of any type or nature whatsoever, legal, equitable or otherwise in or to LICENSOR s property. UCENSEE hereby expressly covenants, stlpulate, s a.n~l agrees, wi.t. hout Iimitatlo .n,. to Indemnify and defend the ECENSOR and hold It harmless trom any ana all II. ab!lity, c~alm, cause of action, and cost, Including attorneys' fee, and Including any .act~. or omissions of the MCENSOR, Its officers, agents, anaemployess: which mm/grow out of or De attrlbutab, le to t. he gran. fing by the UCENSOR. of said license ana any.suppmmental Ii.o?nes wh.ich may nerearmr De ISSU.ed In connection nerewith Including any ins.l.=ections whlcn may De conducted in connection with or pursuant to esld Ilcanes or any supplemental license. UCENSEE, at Its own expense, shall restore or cause to be restored the subject property to as good a concl, itlon as existed prior to construction of the Imp. rove...ment.s which are me sublect of fils Llcen.se Agreement UC. ENSEE shall payall costs of re~ocaaon ct any publi~. utllitlas or facilities whicn may be Incurrsa as a result of the proposed construction or actual construction. LICENSEE agrees to comply with all laws and ordinances in the construction and maintenance or said Improvements. LICENSOR retains the right, but not the obligation, to enter upon the land to which this II.c. anse appllas and at LICENSEE's expense to remove any structures or Improvements or mtera.tlons thereon upon the detsrm.inafion by LICENSOR that such removal IS necessary for exerc~sing LICENSOR's rights 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 end .c~ndltions hereof shall be binding upon subse- .qu.ant owners.or h..olders thereof. LIC. ENSEE snail cause any Immediate successors in interest To nave factual noace of thIS Ucanse Agreement th This Ilcanes shal expire automati~. Ily upon removal of the Improvements located upon e property pursuant to thIS lice. nas, ana shall expire as to any portion of esid.lmprovements upon trie removal, whether or not all of the proposed Improvements ere removes. This license Is revocable by the LICENSOR upon the occurrence of any of the following conditions or events: A. LICENSEE or its successor has 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 LICEN80R 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 allevleta danger to the public has not been made within a reasonable time after the dangerous condition has arisen. Thle Ii.nee shall be e[f. eetlve upon the acceptance of the terms hereof by the LICENSEE, as indicated by the sgnature Of LICENSEE. The Ilconse shell be filed of record In the Official Records of the County Clerk of the Brazos County Courthouse. APPROVED this the 0~ day ot~ 1993. APPROVED: OVIVI, INC,, LICENSEE BY: ~.' ~rl e: /v/e ff a.~/./ Title: ~F~ c~. BY: Printed Name: Title: ATT'EST: ~onnie HooKs, Glty secretary CITY OF COLLEGE STATION, LICENSOR STATE OF TEXA8 * . COUNTY OF BRAZ08 * ACKNOWLEDGMENT This instrume[~ was acl~owledged before me on the ,/'C~~- day of ,1993, by MAYOR LARRY RINGER, as Mayor of the City of College StaflQK, a Texas Municipal Corporation, on behalf of said Corporation. Texas PUbliC In~t STATE OF TEXAS * COUNTY OF BRAZOS * ACKNOWLEDGMENT This Instrument was acknowledged before me on the 0 k.I day of r,~, 'K,i ~, ot uwv], iN~., a Texas [;orporatlon, on benaff ot said corpo~ltK)n. r~-otary Pul31ic In anaTor me state ot Texa~ -2- Metes and bound Description of a 0.0076 Acre Tract Being a portion of Lot 2B, Block 1 Re subdivision of Lot 2 Southwest Place College Station, Texas (East Building) Metes and bounds description of all that certain 0.0076 acre tract or parcel of land lying and being situated in Brazos County, Texas and being a portion of Lot 2B, Block 1, of the Re subdivision of Lot 2 Southwest Place, College Station, Texas as shown by a plat recorded in VOLUME 498, PAGE 775 of the Deed Records of Brazos County, Texas. Said 0.002 acre tract being more particularly described as follows: COMMENCING at a 5/8" iron rod set to mark the most northerly east corner of the said Lot 2B, Block 1 and also lying on the southwest right-of-way line of Texas Avenue. THENCE S 60° 06' 07" W across the said Lot 2B for a distance of 68.95 feet to the corner of the northeast and southeast sides of an existing building for the PLACE OF BEGINNING. THENCE S 44° 59' 55" W along the southeast edge of said building for a distance of 350.60 feet to the corner of the southeast and southwest sides of the building. A 1/2" iron rod found marking an interior ell of the said Lot 2B, Block 1, Bears S 44° 59' 55" W at a distance of 19.85 feet. THENCE N 45° 05' 07" W with the southwest side of the said building for a distance of 0.15 feet to a point for corner. THENCE N 440 44. 24" E into and across said building for a distance of 350.60 feet to a point for corner and also lying on the northeast side of the building. THENCE S 45° 03' 51" E along the said northeast side of the building for a distance of 1.73 feet to the PLACE OF BEGINNING and containing 330 square feet or 0.0076 acres of land. NOTES All of the bearing in this description are based the recorded plat hearing along Texas Avenue. All set iron rods are 5/8" rebar marked with an orange plastic cap imprinted with Quadrants Systems PLS 2099. July 1993 Professional Land Surveyor No. 2099 EXHIBIT "A" ProJect, No 930603-1 Metes and bound Description of a 0.002 Acre Tract Being a portion of Lot 2B, Block 1 Re subdivision of Lot 2 Southwest Place College Station, Texa~ (West Building) Metes and bounds description of all that certain 0.002 .. 're tract or parcel of land lying and being situated in Brazos County, Texas and :,ting a portion of Lot 2B, Block 1, of the Re subdivision of Lot 2 Southwest Place, College Station, Texas as shown by a plat recorded in VOLUME 498, PAGE 775 of the Deed Records of Brazos County, Texas. Said 0.002 acre tract being more particularly described as follows: COMMENCING at a 5/8" iron rod set to mark the most southerly corner of the said Lot 2B, Block 1. THENCE N 04° 55' 53" E across the said Lot 2B for a distance of 25.85 feet to the corner of the southwest and southeast sides of an existing building. THENCE N 43° 52' 25" E along the southeast edge of said building for a distance of 28.16 feet to the corner of southeast and northeast sides of the building. A 1/2" iron rod found marking the most southerly east corner of the said Lot 2B, Block 1, bears N 50° 54' 48" E at a distance of 165.38 feet. THENCE N 46° 12' 56" W with the northeast side of the said building for a distance of 2.84 feet to a point for corner. THENCE S 44° 57' 28" W into and across said building for a distance of 28.16 feet to a point for corner and also lying on the southwest side of the building. THENCE S 46° 07' 35" E along the said southwest side of the building for a distance of 3.37 feet to the PLACE OF BEGINNING containing 87 square feet or 0.002 acres of land. NOTES All of the bearing in this description are based the recorded plat bearing along Texas Avenue. All set iron rods are 5/8" rebar marked with an orange plastic cap imprinted with Quadrants Systems PLS 2099. July 1993 Surveyed by:_~~~~--~--~ Mark R. Paulson, Registered Professional Land Surveyor No. 2099 EXHIBIT "B" Project No 930603