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HomeMy WebLinkAbout08-8-91-2 - Resolution - 08/08/1991RESOLUTION NO. 8-8-91-2 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 JOAN MOORE, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 14, CHIMNEY HILL ADDITION, MORE COMMONLY KNOWN AS 210 EMBER GLOW CIRCLE, 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 Joan Moore 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- er, portions of the structures were 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 structures intrude into the easement to such a degree that it is not economically feasible to remove the parts of the struc- tures within the easement. Se 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 Resolution No. 8-8-91-2 Page 2 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 structures were constructed within the easement through no fault of the present property owner and that it is not economically feasible to remove the parts of the structures within the easement area does constitute special circumstances and condi- tions affecting the property which if not take into consideration would deprive the ap- plicant of the reasonable use of her 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 parts of the structures 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 prop- erty in the area. WHEREAS, the applicant agrees to accept the terms of the license agreement as presented to her. 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 Joan Moore pertaining to the encroachment of a portion of a swimming pool and a covered parking area located at Lot 14, Chimney Hill Addition, into the easement area. The terms of said License Agreement are Resolution No. ~-8L~-2' Page 3 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 8th day of August, 1991. APPROVED: ATTEST: City Secretary THE STATE OF TEXAS COUNTY OF BRAZOS · 47543O LICENSE AGREEMENT * KNOW ALL MEN:..~.~0.TH~..S~. 'I=RESEI~I~S: 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 consideration of the agreement made herein by JOAN MOORE (hereinafter referred to as "LICENSEE"), owner of Lot 14, Chimney Hill Addition, College Station, Texas, according to the plat recorded in Volume 476, Page 113, of the Offi- cial Records of Brazos County, Texas, hereby grants a li- cense to the said LICENSEE to permit portions of the struc- tures located a Lot 14, Chimney Hill Addition 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 im- provements shall be at all times under and not in contact with any electric, water, sewer, or other utility, or equip- ment, 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 its prop- erty, easement or easements, or any other rights in and to the above-described property. LICENSEE expressly stipulat- ing and agreeing by LICENSEE's acceptance of this license that LICENSEE neither asserts nor claims any interest or right of any type or nature whatsoever, 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 its 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 facili- ties which may be incurred as a result of the proposed con- struction 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 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 protect- ing persons or property, or public interest in regard to said easement. 345 / 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 subse- quent owners or holders thereof. LICENSEE shall cause any immediate successors in interest to have factual notice of this License Agreement. 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 improve- ments 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 LICENSEE or its 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 Ce The use of the licensed area becomes necessary for a public purpose; or De 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 Ee Said improvements or a portion of them have ex- panded beyond the scope of the license; or Pm 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 signa- ture 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 August, 1991. ~~I~~~CiTYO~F LICENSOR ~OLLEGE STATION, BY: ~R STATE OF TEXAS ) ) COUNTY OF BRAZOS ) ACKNOWLEDGMENT STATE OF TEXAS ) ) COUNTY OF BRAZOS ) This in~rumen~was acknowledged before me on the ~3- day .of (.C4~C~,~-y~ , 1991, by MAYOR LARRY RINGER, as '~yor of th~J~City of College Station, a Texas Municipal Cor- pora..ti, on, on behalf of said Commotion. Notary Public in and for the State of T ~ ~% PAM ALLEN ~ {~._A.. ~ Not~r~ Public ~ ~ ~ ;~ STATE of TEXAS AC[~O~DG~ This instrument was of acknowledged before me on the 9 d~y , 1991, by JOAN MOORE. --. .5~'/..'I ~ $ ~",.., ,', / .' N~tary Public in a~ : ~09.%-~' / ~ ': the State of T E X Printed Name: My Comm. Exp.:--'-'"-'/~- ~" ;d .'.'"~ vo: 1353 347