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HomeMy WebLinkAbout04-11-91-4.3 - Resolution - 04/11/1991RESOLUTION NO. 4-11-91-4.3 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 CHARLES L. ROBERT$ON, JR., AND DEBORAH L. ROBERTSON, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT ll, BLOCK 8, SOUTHWOOD SEC- TION 9, MORE COMMONLY KNOWN AS 1021 GUADALUPE 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 Ordi- nance 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 Coun- cil must make certain findings of facts; WHEREAS, after hearing the application of Charles L. Robertson, Jr., and Deborah L. Robertson, 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 own- ers, a portion of the structure was con- structed 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 in- terfere with the utilization of the property in its present status. That the structure intrudes into the easement to such a degree that it is not economically feasible to remove the part of the structure within the easement. g That the land use in the neighborhood appears to be stable and the use to which this prop- erty 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 con- cludes and finds that: The fact that the structure was constructed within the easement 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 circumstances and condi- tions affecting the property which if not take into consideration would deprive the ap- plicants of the reasonable use of their prop- erty. 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 prop- erty in the area. 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 be- half of the City of College Station a License Agreement with Charles L. Robertson, Jr., and Deborah L. Robert- son, pertaining to the encroachment of a portion of a structure located at Lot 11, Block 8, Southwood Section Nine, into the easement area. The terms of said Li- cense 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 llth day of April, 1991. ATTEST: City Secretary 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"), acting through the undersigned official who is so empowered by resolution of the City Council to so act in consid- eration of the agreement made herein by CHARLES L. ROBERTSON, JR., and DEBORAH L. ROBERTSON (hereinafter referred to as "LICENSEES"), owners of Lot 11, Block 8, Southwood Section 9, College Station, Texas, according to the plat recorded in Volume 291, Page 41, of the Official Records of Brazos County, Texas, hereby grants a license to the said LICENSEES to permit a portion of the structure located a Lot 11, Block 8, Southwood Section 9, in the City of College Station, Texas, to encroach upon the ease- ment, 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 improve- ments shall be at all times under and not in contact with any electric, water, sewer, or other utility, or equipment, or inter- fere in any way with such utility, including any drainage struc- tures 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. LICENSEES expressly stipulating and agreeing by LICENSEES' 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 LICENSORS' 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 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 inspec- tions 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 con- struction. LICENSEES agree 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 hhis license applies and at LICENSEES' ex- pense to remove any structure or improvements or alterations thereon upon the determination by 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 own EXHIBIT "A" e3~25~9! ~002 Deed Rest. City Ordinance ~16:18 Bulldin& Setback Lines 1.~ ~e setback 10:45 '~'409 26,' 3080 H.L.P.C. '* Brazosland Real ' P.O. Box e~2 1021 GUADALUPE DRIVE Lot II, Block 8, of the SOUTHWOOD SECTION NINE, in the City o! Collese Station accordm~ to the plat recorded tn Volume ;~91, paso el, 0¢ *he Oe-.d Records o! Brazos County, Texas. i, 3ames ~/. /-ac~.rthur, Regist,.,ea Pr~)tesslona ..and Surveyor, i~o. ~S:, do hereby =ert~y t~t the above plat correctly repre~nts a Survey made by me or un~r my ~rectJon Mar~ 21, This plat was prepared for the purpose of T,tle Survey for Robertson. Record Calls on lot lines. //91-371 There are no visible encroachments other than those ~own hereon. Based on the information scaled [rom the FEMA map d~ted 3uly 2, 1981, PaneJ No. e~0083 O00e B, this property does not lie within a designated 100-year ~lood area. EXHIBIT ".~" STATE OF TEXAS ) ) COUNTY OF BRAZOS ) ACKNOWLEDGMENT · , 199~, by MAYOR LARRY RINGER, as Mayor of the City df College Station, a Texas Municipal Corporation, on behalf of said Corporation. Notary Public in and for the State of T E X A S Printed Name: f--~-~-' My Comm. Exp. ~[e ^ [~ My Co=m,ssmn Exp,res: STATE OF TEXAS ) ) COUNTY OF BRAZOS ) ACKNOWLEDGMENT Thi~ instrument was acknowledged before me on the ~3t~ day of ~,/ , 1990, by CHARLES L. ROBERTSON, JR., and DEBORAH L. ROBERTSON, his wife. Notarlf~bIlc in ~and for-- the Sta~e of T E X A S ers or holders thereof. LICENSEES shall cause any immediate suc- cessors 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 oc- currence of any of the following conditions or events= Ae LICENSEES or their heirs and administrators have 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 Dm Said improvements or a portion of them constitute a danger to the public which is not remediable by main- tenance 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 LICENSEES, 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 April, 1991. LICENSEE ATTEST City Secret~fy CITY OF COLLEGE STATION, LICENSOR - 2 -