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HomeMy WebLinkAbout07-09-87-09 - Resolution - 07/09/1987 ~SOLUTION NO. 07-09-87-09 A ~SOLUTION ~KING CERTAIN FINDINGS OF FACT ~D AUTHORIZ- ING THE MAYOR OF THE CITY OF COLLEGE STATION ~ EXECUTE a LICENSE AGREEMENT BET~EN THE CITY OF COLLEGE STATION ~D APPLICANT, ~INTREE DEVELOPMENT JOINT VENTU~, PERTAINING TO THE ENCROACHMENT OF a STRUCTURE LOCATED AT LOT 14, WHEREAS, the City of College Station has received an ap- plication for a ~icense to encroach into a utility ease- ment; and ~EREAS, the City of College Station has enacted Ordinance No. 1645, regulating, controlling and governing encroach- ments; and ~EREAS, 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; and WHEREAS, after hearing the application of Raintree Devel- opment Joint Venture 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 owner, a portion of the structure was constructed in the utility easement. That there are no utilities which would be inter- fered with by the utilization of the property in its present status. That there are no utilities which would interfere with the utilization of the property in its pre- sent status. 4. That the structure intrudes into the easement to such a degree that it is not economically feas- ible to remove the part of the structure within 2~ the easement· ~ ,~ . . &'~!';. 06269 . ~. ~ ~.,.~ ~ -- - ?~i " ':.' ':' - '; ..... ~ WHEREAS. the C:tv i3ounc:tl after hearxng the applxcat:on and ~ finding'the spec:fic facts as stated above now concludes ~t and finds that: ~ 1 The fact that the structure was constructed wlthln !,,~.,,,:I,,, ~ the easement through no fault of the present prop- ~.~(~-~ erty owner and that it is not economically feas- ' . . %~ ible to remove the part of the structure wlthln ~4 he easement area does constitute special c~rcum- ~ 3. The fact that the use of the easement area by the '~:'" ~ ' ' t~l~ ~. property owner does not ~nterfere w~th the u ' '- '~ c~es or access to the utilities and is not etr'- .~.~ mental to public health, safety or welfare or (~[('~.?~ iniurious to other ~roperty in the area. ,~ WHEREAS, the applicant agrees to accept the terms of the license agreement as presented to him. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: The Mayor is hereby authorized to execute on behalf of the City of College Station a License Agreement with Raintree Development Joint Venture pertaining to the encroachment of a portion of a structure located at Lot 14, Block 4, .... Raintree Section-4, 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. ,,' - 2 - 06270 That this resolution shall be effective immediately upon adoption. , ' IIii ~ ff~ qqlll, ~ PASSED and ~PROWD this the 9eh 8ay of Ju ~ < ~ - ~ ~ , -'~ ",, _ ' _ i~,~:,:. ATTEST'. City Secret~ IIII, - 3 - 06271 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 Raintree Development Joint Venture (hereinafter referred to as "LICENSEE"), owner of Lot 14, Block 4, in the Raintree Subdivision, Section IV, accord- ing to the plat recorded in Volume 474, Page 781, of the Deed Records of Brazos County, Texas, hereby grants a license to the said LICENSEE to permit a portion of the residence located at 8100 Butler Ridge Drive, College Statlon, Texas 77840 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 Statl~n, 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 followlnq terms and condi- tions: Neither the granting of the license, nor any related permit, constitutes an abandonment by LICENSOR of ~ts property, easement or easements, or any other rights ~n and to the above-described property. LICENSEE expressly stipulating and agreeing by LICENS- EE'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 convenants, stipulate~ 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' fees, 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 and any supplemental license. LICENSEE, at its own expense, shall restore or cause to be restored the subject property to as good as condition as existed prior to construction of the improvements which are the subject of this license agreement. LICENSEE shall pay all costs of relo- cation of any public utilities or facilities which may be incur- red as a result of the proposed construction or actual construc- tion. 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 - 1 - 06272 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 owner 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 improvements upon the removal, whether or not all of the proposed improvements are removed. This license is revocable by the LICENSOR upon the occur- rence of any of the following conditions or events: A. LICENSEE or its successors ~as failed to comply with the terms of the granting of the license; or The ~mprovements located thereon or any portion of them interfere with the rights of the LICENSOR or the public in or to LICENSOR's property; or C. The use of the licensed area becomes necessary for a public purpose; or Sa~d improvements or a port~on of them constitute a danger to the public which is not remediable by mainte- nance or alteration of the said improvements; or Sald ~mprovements 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. This license shall be filed of record in the Official Records of the County Clerk of the Brazos County Courthouse. ~!~D, ADOPTED and, 1987. APPROVED this the ~ ____ day of APPROVED: RAINTREE DEVELOPMENT JOINT VENTURE, LICENSEE BY: E. W. Schultz Managing Partner ATTEST: --~ ~i-ty S eC~r y CITY OF COLLEGE STATION, LICENSOR, ~ _ =_ ' 0627 STATE OF TEXAS * COUNTY OF BRAZOS * ACKNOWLEDGMENT This instrument was acknowledged before me on the day of , 1987, by E. W. Schultz, Managing Partner of Raintree Development Joint Venture, on behalf of said joint venture. Notary Public in and for the STATE OF TEXAS Printed Name: My Comm. Exp.: STATE OF TEXAS * · CORPORATE ACKNOWLEDGEMENT COUNTY OF BRAZOS * This instrument was acknowledged before me on the ~3/'~ day of __~-~-44-' , 1987, by Larry Ringer, Mayor of the City of College/Station, on behalf of said City. Notary Public' in and for the STATE OF TE)~AS. Printed Name: ~lnl~F-~icTT My Comm. Exp.:_~tL~__. ~;.~ "06274 f NUHICIPAL DEVIrLOPNENT GROUP P O BOX 9249 COLL£GI STATIOH TEXAS 77840 PHOH£ (409) 693 5359 x\ \ A L~'~ Title Survey Of Lot 14, Block Four Raintree -Section Four Volume 474, Page 781 College Station, Brazos County, Tex~$ [T~ property show~ ~ereon dots not he vntlun t~e 100-yeer flood plein es depicted on FII~I Community - Penei Nam~er 480081 0002 B I,~ldrkR Paulson, ReqisteredPubh©Surveyor No 2099 rn the State of Texas, do hereby certify that the above plat is true and correct and that no improvements on this property encr'oach on adjolmn9 property nor' do any m'~provements ~n idjom~nq property encroach on this propertg except as otherwise shown ~Drawn By: ~z-/' Sur veg ed BV . Recj~$tered Pubhc S;urveyor No 2099 Exhibit "~" Da,e: ,.,'u~,/-7,~'~ ) ( ScaLe: /"'~o' ) Revised: ~6,,,'~ ~. n6~ ) (: File No. ,~:::':~.~ '".')0 6