Loading...
HomeMy WebLinkAbout10-28-93-4.18 - Resolution - 10/28/1993 ~ RESOLUTION NO. ~ n-?~-Q~--4 18 t;~'~, A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHO- ~ RIZING THE MAYOR OF THE CI~ OF COLLEGE STATION TO ~ ,,,.,,," -.~.~ EXECUTE A LICENSE AGREEMENT BE~EEN THE CI~ OF ~,, ~,t.~. COLLEGE STATION AND APPLICANT DOLLY N. HALL, PERTAINING ~ . ,.-.-~: TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 6, ,:,-~., BLOCK ~, SOUT.WOO~ SECTION 19, ~ORE CO~ONLY KNOWN ~:,.. _.,-:~ AS 1810 POTOMAC P~CE INTO THE EASEMENT. ,,, .;' :~ ~:~.~ WHEREAS, the City of College Station, has re~ived an Appli~tion for a ~-,; ..~ License to Encroach into a utility easement; ~'~;,' .,, ~ WHEREAS, the City of College Station has ena~ed Ordinan~ No. 1645 ,,,~,.,~ regulating, ~ntrolling and governing encroachments; ;.~.., ~ WHfi~fi~8, in order for a Iic~n~ to ~o ~rant~d ~y tho City Council of tho :~..~ ¢:. -. City of Coll~ 8ration, th~ Council mu~t mako codain findino~ of faet~; .-~ WHEREAS, after hearing the appli~tion of Dolly N. Hall 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 prope.YutilityOWners, a po.ion of ,~ (~ the structure was ~nstru~ed in the easement. ..... ~ 2. That there are no utilities ~ich would be inte~ered with by '~.~:,, ";~;~ the utilization of the prope~y in its present status. ~'" -~ 3. That th~ro aro no utiliti~ which would intoffom with tho ' ~ 4. That th~ ~tructum intrudes into th, oa~omont to such ~ .. ..~_-~ d~m~ that it is not ~nom~mll~ f~a,i~l, to mmov~ tho pad .~- ',,;:.~i of th~ ~tru~um within th~ ~a~m~nt. t.~ ~ 5. lh~t th~ land u~o in tho n~i~hborhood appo~r~ to ~ ~tablo '-..,..~."t}~ ~ and tho us~ to ~ich thi~ prop~dy i~ b~in~ put i~ not likely to  ~an~ within th~ fom~l~ futura and i~ ~imilar to th~ ~ WHfiRfiA8, tho City Council a~r h~arin~ tho applimtion and findin~ tho ,~. .,,~I ~p~eifi~ f~ a, ~t~tod ~ovo now mneludo~ ~nd find~ that: ~,:..,. .~ .... " ~ lbo fa~ that th~ ~truetum wa~ ~n~truet~d within tho -~ ~,~om~nt through no f~ult o[ th~ pm~ont propo~y ownom :~..v ,. ~ .... .,r ~ 1 ~nd that ~t ~s not ~conom~mllv f~as~lo to mmov~ tho ~a~ o[ ~ g:.,,, ~ ~ 101~ ~ v ~ ~ ~ ~ ~ ~ ;- , ---= . -- . . --= ~ '. ~-'.~ · ,'~-'. ' .~. ,'---~ ~ , ,~.~.~' , ' ~ '~ '.-~-:~ ,¢ .,,~',' -'- ,'~, ,~,. ,,, .r,~, ;---.. , :!(;.',.?, !,~._= ',.-./' /.- - s.3" ,,,.j ., '~11 RESOLUTION NO. 10-28-93-4. la PAGE 2 ;. o ~ b,". - -.". '-.:---- the structure within the easement area does constitute ~ special circumstances and conditions affecting the property ..- . ~._-%.~ :-z-. which if not take into consideration would deprive the .~-...~:, \,.'~ ~.~.: applicant of the reasonable use of their property. i~..'~:~'~ 2. lhe fact that the land use is not likely to change within the he' .,,,~ t T- -"t'. .. 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. ~' ' '~-~; 3. The fact that the use of the easement area by the property ,,,.; _- owner does not interfere with the utilities or access to the r.,.~..~ ;., -- utilities and is not detrimental to the public health, safety or -. j ~,. '-.~ :~.~ '- welfare or in urious to the property in the area. -- ":'~ WHEREAS, the applicant agrees to accept the terms of the license ~i~::', · ' agreement as presented to her. ""-" · ~V.~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF .- _.'.i' THE CITY OF COLLEGE STATION: ~"' ' I. .-',~'~ k' ,,~.__.., , .j " '" 4 ,," .' That the Mayor is hereby authorized to execute on behalf of the City of ...u .... ~ t .--.-. College Station a License Agreement with Dolly N. Hall pertaining to the :r--. ,., _: :':~'z~ encroachment of a portion of a structure located at Lot 6, Block 1, .... -...,. Southwood Section 19, more commonly known as 1810 Potomac Place, ~'.~ ' "?'~ 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...._'-', '~'~ ';"-~'~' II. '-- .~;]' :'; ' That this resolution shall be effective immediately upon adoption. '" PASSED and APPROVED this 28~h day of October , 1993. "--":" .,-~';';~. EST: , '.[:' , .; : f,; · ~ .... , k:"'.- ':" -- -' ,..' '-,-..---..--,. ..... . ......-- . ,., 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 ofliclal who is so empowered by resolution of the City Council to eo act in consideration of the agreement mede herein by DOLLY N. HALL (hereinafter referred to as 'LICENSEE'), owner of Lot 6, Block 1, South- wood Section 19, (more commonly known as 1810 Potomac Place) in the City of College Station, Texas, according to the plat recorded in Volume 301, Page 547, of the Official Records of Brazce County, Texas, hereby grants a license to the said MCENSEE to permit a portion of the structure located a Lot 6, Block 1, Southwood Section 19, In the City of College Station, Texas, to encroach upon the easement, aa 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 itsproperty, easement or easements, or any other rights In and to the above-described property. LICENSEE expressly stipulating and agreeing by UCENSEE'a acceptance of this license that LICENSEE neither asserts nor claims any interest or right of any type or nature whatsoever, legal, equitable or otherwise ~n 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, a~ents, 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 con- ducted in connection with or pursuant to said license or any supplemental license. LICENSEE, at her 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 Ucense Agreement. LICENSEE shall pay all cost~ of relocation of any public utilities or facilities which may be incurred as a result of the p.roposed construction or actual construction. UCENSEE agrees to comply with all laws and ordinances in the construc- tion 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 LICENSOR that such removal ia necessary for exercising LICENSOR's rights or duties in regard to said easement, or for protecting persons or property or pub ic 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 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 ia revocable by the LICENSOR upon the occurrence of any of the following conditions or events: -1- UCENSEE or her successor has failed to comply with the terms of the granting of the license; or Bo 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 The uae 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 Eo 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 of the Brazos County Courthouse. APPROVED this the day of ,1993. APPROVED: LICENSEE ATTEST: CITY SECRETARY CITY OF COLLEGE STATION, LICENSOR BY: MAYOR LARRY RINGER STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT This Instrument was acknowledged before me on the ~ day of ,19~..3, .by MAYOR LARRY RINGER, as Mayor~he City of College Station, a Texas Mumcipal Corporation, on behalf of saidCorporation. Notary Public In and for the State of T E X A S STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF SRAZOS This Instrument was acknowledged before me on the ,1993, by DOLLY N. HALL. day of Notary Public in and for the State of T E X A S -2- ~ Notes 1810 Potomac P~ce Block 1, Lot6 A d~.~n of the encroachment of part of a twc~ fourplex ~cated at 1810 Potom ac Place, on & 10' w~le access and ut~ easemen~ ly/ng w/thin Lot 6, Block 1, SOUTHWOOD SECTION 19, City of Co11~ge Stat~ Brazes County, Texa~ acc~ to the plat zecorded /n Volume 301, page 547, Deed Records of ~4R county, further descxibed as f~11~ws: Ground F/cot COMMENCING at a found chise/ed X/n a con~=~e drain, fc~ the most easterly cczner of sa~ Lot 6 and the moat southerly o~xner of Lot 7; THENCE N 30°20'59'' Wakmg the common line of ~4a Lots 6 & 7, for the cer~]tne of ~ia 10' w~e access and u~414ey easement~ a c~ce of 9.71'; THENCE S 59°39'01'' W a d~Tance of 4.70' to the most ea.~ly ground fkx~r corner of said fourg~ for the POINT OF BEGINNING of encroachment; THENCE S 57°45'15'' W along se/d fourplex ]/ne a distance of 0.32'; THENCE N 30°20'59'' W along the southwesterly line of ~ 10' w/de access and uHli~y easement, aczDss ~R fourp~ a d~stance of 7.60'~ THENCE S 32"43'58'' E along sa/d fourplex l~ne, a c~ce of 7.60' to the POINT OF BEGINNING of encroachment and containing 1.20 square feet more or 1_~__ lying w/th/n ~{~ 10' access COMMENCING at a found ch~ X/n a concrete dzatn, for the mo~t easterly corner of se/d Lot 6 and the m cst southerly corner of Lot 7; THENCE N 30"20'59" W ak)ng the common line of sa~ Lots 6 and 7, for the cen~e of sakl 10' wide access and ~ easement, a distance of 9.71'; THENCE $ 59"39'01" W a d~stance of 2.50' to the most easterly second story corner of said fourDlex for the POINT OF BEGINNING of encroachment4 THENCE S 57"41 '26" W ak~ng sa/d fourplex line, a d~ce of 2.52'; THENCE N 30°20'59'' W a~ the southwesterly line of said 10' w/de access a~ ut/lity easemen~ across -.-~ fourt:~ex a distance of 15.21'; THENCE ak)ng sa/d fourglex line, the fc~lk)w/ng calls: N 5?'40'54" E a d/stance of 1.99'; S 32'~19'14'' E a dL%"'-utnce of ~5.20' to the POINT OF BEGINNING of encroachment and eontainfl~ 34.3 square feet more or ~,~--- lying w/thin said 10' w/de access and P.O. Box 4592 ~ ~ ~805 (,409) 775~509 DbOGK'I .--.,. _ _ __ O~l~.nanee # 1638 7 -%: /' )~,q~' / 1610 POTOMAG PHAGE ,, ~o~ 6, ~ 1, SOUTHWOOD SECTION 19, an adcCP:kin to the C/fy c~ College ~ ~ C~, Te~, a~g ~ ~e ~t ~ ~ V~e 301, ~ 547~ D~ R~ ~ ~ C~, ~ Jam ~ W. HacA~=, R~ ~f~ ~ ~, N~ 20~9, ~ ~ ~ ~ ~ ~~ ~t~y~~,~~,m~me~my~~28, 1993. t9~1250 Th~ ~ ~ ~m~ e~e~ ~ ~ ~ ~wn ~. Ba~ on ~ ~a~ ~ ~ ~ FEMA. map ~ ~y 2, 1992, P~ N= 48041C0144 C,