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HomeMy WebLinkAbout06-12-86-05 - Resolution - 06/12/1986RESOLUTION NO. 06-12-86-05 A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A LI- CENSE AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND AP- PLICANT, TEXAS COMMERCE SANK, N.A., PERTAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 26, BLOCK 2, WINDWOOD PHASE II, INTO THE EASEMENT. WHEREAS, the City of College Station has received an appli- cation for a license to encroach into a utility easement; and WHEREAS, the City of College Station has enacted Ordinance No. 1645 regulating, controlling and qoverninq encroach- ments; and 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; and WHEREAS, after hearing the application of Texas Commerce Bank, N.A. 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. e 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 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. 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 fore- seeable future and is similar in use to that of the neighborhood. 005 07 WHEREAS, the City Council after hearinq the application and finding the specific facts as stated above now concludes and finds that: The fact that the structure was constructed within the easement through no fault of the present prop- erty owner and that it is not economically feasible to remove the part of the structure within the easement area does constitute special circumstances and conditions affectinq the property which if not taken into consideration would deprive the appli- cant of the reasonable use of his property. e 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 preser- vation 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 utili- ties or access to the utilities and is not detri- mental to the public health, safety or welfare or injurious to other property in the area. 005708 That this resolution shall be effective immediately upon adoption. ' PASSED, ADOPTED and APPROVED this the 12th day of June, APPROVED: MAYOR ATTEST.- City ~t'ary 005709 APPLICATION FOP A LICENSE TO ENCROACH UPON PUBLIC EASEMENT IN THE CITY OF COLLESE STATION LOCATED AT 6403 Windwood Dr. DATE:__~a_y_22~_1986 TO THE MAYOR AND CITY COUNCIL OF THE CITY OF COLLEOE BTATIONg The ur~dersigned hereby make Application for a License to Encroach that portion of the above easement particularly described in Exhibit No. 1, attached. In support of this Application, the undersigned represent and warrant the following: 1. The undersigned will hold the City of College 8tatio~ harmless, and indemnify it against all suits, costs, exposes, and damages that may arise or grow out of such license. 2. Attached, marked Exhibit No. 1, is a legal descriptio~ of the encroachment, prepared by a Registered Public Surveyor. 3. Attached, marked Exhibit No. 2, is a plat or sketch of that' portion of the public easement to be licensed and the surrounding area to the nearest streets in all directions, showing the abutting lots and block, and the subdivision in which the above described easement is situated, together with the record owners .~f such lots; 4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the license; 5. Attached, marked'~x~ibit No. 4, is the consent of all the abutting property owners, except the following: (if none,' so state) NONE 6. A License to Encroach the pqbZic easement should be _.~l!e_q_rj!li_n_al bu i 1 der. encroached._~p_qn the easement when bu.i_l d._ing_t_hegar._a.~e _and_t_h_e encroachment was waived b_y__the title com~an_~.y_ o._f_th_e__ori~.i_n_al_o_w_n_er. 7.: Such public easement has been and is being used as followsl the rear two feet of the_gar_ag__e, extend into the 20-f00t easement, I swear that all of the information contai~ezl in this A~plication is true and correct to the best of my knowIedge and belief. TEX.~S O0MMERO~. BANK N.A. Application number -_- 0057 0 ~XHIBIT NO. 1. Beirlg that portiorl of that certair~ publi,- utility easer,,er~t sJ tuated ir~ the ____~_~ll~l~)_0d__ subdivisio~ i~l the City of College Stat~,-0r~, Brazns C,-,unty, Texas, a~d belong mor~ particularly described as follows; Lot 26, Block 2 Windwood Phase II College Station, Brazos County, Texas Vol. 463, p. 365 of the deed of Brazos County, Texas Request for license to encroach is for the back of the garage, which extends 2 feet into the 20-foot utility easement shown in the survey in Exhibit 2. 005 7 ! ! EXHIBIT NO. 2 The following is a plat o~ sketch of that portio~ of the oublic easement to be ]icensed and the surrounding area to the t~earest streets tn all dzrectzons, showt.g the abutting lots and block, and ~he subdLviston In which the above descrzbed easement ts lltuated, ~ogether vzth the record owners of such ]otsl F..XflZBIT I. OT' d& )T ,~5 !, .y~mt~ ~r. M~Mrt]if~r~ Rqitt~rtd Re~d ~ea~n~s an~ distances ~ lot ~i~ This ~rty is not in a IO0-y~r ~ t~ FEMA map ~ted 3uly 2, 1981. FXHIBIT NO..,~' The u~dersig~ed public utility compa~les, using or e~t)tled to, use, u~der the terms and provisions of ,-,ur respective fra~chises with the F_'ity of College Static, r~, the public easeme~t fc, r which a License to, E~,-roach is sought l~ the Appllcatio~ for a Llce~se to E~acroach the utility easen',e~t above referred to, do hereby ,-onsent to the e~croach~e~t as described. LONE STAR GAS COMPANY GENERAL TELEPHONE COMPANY T I TLE Mo- CAW CABLEVISION BY: _~____~~_._ _~~r~~~ The undersigned, City E~gi~eer for the City of College Station, certify that I have carefully co~sidered the Appl-icatio~ for a License to Encroach the easement referred to above fro~ the sta~dpoi~t of prescott a~d future ~eeds of the City of College Station with respect to traffic a~d city utilities, a~d I see no objection to the requested lice~se from the City's sta~dpoi~t. City of College Station 005713 EXHIBIT NO. 4 The u~d~rsigned, owners of property abutting upon the portior~ of the public easement named and described iD the Appllcatior~ for a License to Encroach a public easement referred above, do hereby consent to such license. James 0. Statham Ken Dobbs NAME NAME 6401 Windwood Dr. 6406 Windwood Dr. ....... Richard Smith NAME NAME ADDRESS SIGNATURE/DATE ADDRESS SIGNATURE/DATE SIGNATURE/DATE SIGNATURE/DATE NAME NAME ADDRESS SIGNATURE/DATE SIGNATURE/DATE ADDRESS SIGNATURE/DATE SIGNATURE/DATE 005714[ · LICENSE AGREEMENT THE STATE OF TEXAS * * COUNTY OF 8RAZOS * 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 consideration of the agreement made herein by Wilford D. Gardner and his wife (hereinafter referred to as 'LICENS- EE'), owners of Lot 26, Elock 2, in Wlndwood Phase II, ac- cording to the plat recorded in Volume 463, Pegs 365, of the Deed Records of Brazos County, Texas, lying and being situ- ated in the Richard Carter League in College Station, Brazos County, Texas, hereby grants a license to the said LICENSEE to permit a portion of the garage located at 6403 Windwood Drive 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 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 its prop- erty, easement or easements, or any other rights in and to the above-described property. LICENSEE expressly stipula- ting 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 convenants, 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' 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 inspections 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 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. - 1 - 005715 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: A. LICENSEE or its successors 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 C. 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 improvements; or E. Said improvements or a portion of them have expand- ed 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 signa- ture of LICENSEE. This license shall be filed of record in the Official Records of the County Clerk of the Brazos County Courthouse. PASSED, ADOPTED and APPROVED this the 12 day of June, 1986. APPROVED: LICENSEE, Wilford D. Gardner / LICENSEE, Mary Jo Richardson Gardner, his wife ATTEST .' - 2 - CITY OF COLLEGE STATION, LICENSOR, 005716 STATE OF TEXAS * * COUiqTy OF 8RAZOS * JOINT ACKNOWLEDGMENT Th,~ instrument was acknowledged before me on the day of ~4~/~t~ ~/ , 1986, by Wilford G. Gardner an--d---- his wif~ Mary Jo Richardson Gardner. Notary Pub~i~/in and for the STATE ~TEXAS Printed Name: ~)I,~'AJ My Comm. Exp. =~'~'~.JO; STATE OF TEXAS * * COUNTY OF BRAZOS * CORPORATE ACKNOWLEDGMENT This instrument was acknowledged before me on the day of ,'~/~ , 1986, by Larry J. linger, Mayor of th~ City of Coll~ge Station, on behalf of said City. NO'~~TARY the STATE OF TEXAS Printed Name~_~n~ My Comm. Exo= Fe~. /~ /~ - 3 - 005717