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Home My WebLink About12-9-93-4.21 - Resolution - 12/09/1993RESOLUTION NO. 12-9-93-4.21 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 APPLICANTS, GUNNAR FINNE AND MONA FINNE, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 11, BLOCK 1, RAINTREE SECTION TWO, MORE COMMONLY KNOWN AS 2608 CUMBERLAND COURT, 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 GUNNAR FINNE and MONA FINNE 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 owners, 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. o 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 owners and that it is not economically feasible to remove the part of the structure within the easement area does constitute special Resolution No. 12-9-93-4.21 Page 2 circumstances and conditions affecting the property which if not take into consideration would deprive the applicants of the reasonable use of their 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 applicants. The fact that the use of the easement area by the property owners 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 applicants agree to accept the terms of the license agreement as presented to them; 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 GUNNAR FINNE and MONA FINNE, pertaining to the encroachment of a portion of a structure located at Lot 11, Block 1, Raintree Section Three, more commonly known as 2608 Cumberland Court, 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 9th day of December, 1993. Connie Hooks, City Secretary APPROVED: Lar~y-Ring~l~'~yor LICEN~I~ AGREEMENT THE STATE OF TEXAS * · KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS * That the City of College Station (hereinafter referred to as "LICENSOR"), actin~ 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 GUNNAR FINNE and MONA FINNE (hereinafter referred to as "LICENSEES"), owners of Lot 11, Block 1, Raintree Section Two, more commonly known as 2608 Cumberland Court College Station, Texas according to the plat recorded in Volume 390, Page 107, of the Deed Records of Brazos County, Texas, hereby grants a license to the said LICENSEES to ermit a portion of the structure located a Lot 11 Block 1, Raintree Section Two, ollege Station, Texas, to encroach upon the easement, as shown on Exhibit "A" attached hereto and incorporated here~n by reference for all purposes, owned and occupied by the City of College Station, Brazos County, Texas, but such improvement 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 serv cing the improvements and other property, and subject to the following terms and conditions: Neither thegranting 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. LICENSEES expressly stipulating and agreeing by LICEN- SEES' acceptance of this license that LICENSEES neither assert nor claim any interest or right of any type or nature whatsoever, legal, equitable or otherwise in or to LICEN- SOR's property. LICENSEES hereby expressly covenant, stipulate and agree, 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 fmoiSS. ions..o.f, th.e.L. IC.EN..SOR, its. officers, agents, and employees, which may grow out r De attriDutao~e to tne granting by the LICENSOR of said license and any supple- mental license which may hereafter be issued in connect on herewth including any inspections which may be conducted in connection with or pursuant to said license or any supplemental license. LICENSEES, at their 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 LICENSEES 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. LICENSEES agree to comply with all laws and ordinances in the construction and maintenance of said improvement. LICENSOR retains the right, but not the obligation, to enter upon the land to which this lican.s.e a.p. plies .and at LICENSEES' expense to remove any structure or improvements or a~terat~ons tnereon upon the determination b}/ LICENSOR 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 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. LICENSEES shall cause any immediate suc- cessors in interest to have factual notice of this License Agreement. This license shall expire automatically upon removal of the mprovements located upon the property pursuant to th s license, and shall expire as to any portion of said improve- ments 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. LICENSEES or their heirs, executors and administrators, have failed to comply with the terms of the granting of the license; or Js/e/no~9$~nn~ 11/$0,93 Eo 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 improve- ments; 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 LICEN- SEES, as indicated by the signatures of LICENSEES. 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 December, 1993. APPROVED: GUNNAR FINNE, LICENSEE APPROVED: CITY OF COLLEGE STATION, LICENSOR BY: MONA FINNE, LICENSEE MAYOR LARRY RINGER ATTEST: Connie Hooks, City Secretary STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT This instrument was acknowledged before me on the day of December, 1993, by _MAYOR .LARRY. R!N.G.E.R, as. _Mayor of. the City of C~ Station, a Texas Mun c pal ~Jorporat~on, on oenan' o~' sai(3 c;orporat on. 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 day of December, 1993, by GUNNAR FINNE and MONA FINNE, husband and wi e.t~ Notary Public in and for the State of T E X A S IJ/30/93 -2- I0 h~.lc ~m,rh ~OUR'T ' / 12 City Ordinance #1638 Deed Rest. 39;3/~09 Lot II, Block One, RAINTREE SECTION TWO, an addition to the City of College Station, Brazos County, Texas, according to the plat recorded in ¥oJume 390, page 107, Deed Records of Brazos County, Texas. l, 3ames W. MacArthur, Registered Professional Land Surveyor, No. 2089, do hereby certify that this plat cOrrectly represents a Survey, on the ground, made by me or under my direction October 30. 1993. This plat was prepared for the purpose of Title Survey for Rizk-Finne. There are no visible encroachments other than these shown hereon. Based on the Information scaled from the FEMA map dated 3uly 2~ ~992, Panel No. 080a1C0163 C, thl property does not ]]e within a designated 100-year ~lood area. ~-'~o~o'/ EXHIBIT "A" Appl/Owner: Gunnar & Mona Finne Lot 1, Block 11, Rainfree Section 2 prMol~l ~lruOur~ ~nlo ~ 20' City of College Station, Texas CASE NUMBER: CC 12/9/93 PLANNING DIVISION ACTION ~E~UESTED: ~CENSE T0 ENCROACH