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HomeMy WebLinkAbout03-27-86-11 - Resolution - 03/27/1986RESOLUTION NO. 03-27-86-11 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, TOM STIMSON, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 4, BLOCK 4, ANDERSON RIDGE SUBDI- VISION, PHASE FOUR, 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 governing 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 Tom Stimson to en- croach 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. o 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. - 1 - 005593 WHEREAS, the City Council after hearing the application and ~.'(~! finding the specific facts as stated above now concludes and %~ ._-~.~ finds that: ~_~-~ 1. The fact that the structure was constructed within t"l~i the easement through no fault of the present prop- · .~..r~.:. . . . - . ~..- ~.; ~-.~ erty owner and that it is not economically feasible :',:',1~4 to remove the part of the structure within the ..~ easement area does constitute special circumstances ~%L~! and conditions affecting the property which if not ',..~'-~J4 ..... · ~mTf.~.." taken into consideration would deprive the appll- '1~;I ~ , I! ' ,,,,, ~_~ cant of the reasonable use of his property. ~,,, ~ ~',.. use ~' ~-~ within the foreseeable future and that it is not ~', 'Ill ~ I · I~l ' .... ~! economically f.easlble to remove the part of the 3. 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· WHEREAS, the applicant agrees to accept the terms of the li- cense agreement as presented to him. 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 Tom Stimson pertaining to the encroachment of a portion of a structure located at Lot 4, Block 4, Anderson Ridge Subdi- vision, Phase Four, 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. of PASSED, ADOPTED and APPROVED this the March , 1986. 27th day Ci{y S~tary ALTER LICENSE AGREEMENT ' ~ · THE STATE OF TEXAS * That the City of College Station (hereinafteffreferred 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 TOM STIMSON (hereinafter referred to as "LICENSEE"), owner of Lot 4, Block 4, in the Anderson Ridge Subdivision, Phase Four, according to the plat recorded in Volume 795, Page 257, of the Deed Records of Brazes County, Texas, lying and being situated in the Crawford Burnett Survey in College Station, Brazes County, Texas, hereby grants a license to the said LICENSEE to permit a portion of the structure lo- cated at Lot 4, Block 4, in the Anderson Ridge Subdivision, Phase Four, in the City of College Station, Texas, to en- croach upon the easement, as shown on Exhibit "A" attached hereto and incorporated herein by reference for all pur- poses, owned and occupied by the City of College Station, Brazes 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 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 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 - 1 - 559 005596 rights or duties in regard to said easement, or for protect- ing 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 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: 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 DJ 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 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 day of , LICENSEE - 2 - ./'23- 560 005597 STATE OF TEXAS * , COUNTY OF BRAZOS * This_instrument was acknowledged before me on the day of ~f_~_ . , 1986, by N'~t~Z'y Pub-I/lc in and for '-' the STATE OF TEXAS Printed Name :~,~. ~k~. My Comm. Exp.: ~ STATE OF TEXAS COUNTY OF BRAZOS CORPORATE ACKNOWLEDGMENT day of~~/ , 1986, by Gary Halter,.M.~a~.~o~----~--- "· - of the City of College Station, on behalf of said Citv~.- , ':. N~TARY PUBLIC'in and the STATE OF TEXAS Printed Name: C0{3~,'~ My Comm. EXD: a'~'~O '"".,~, 561 - 3 - 0,05598 Applicmtion to Vacate Utility Easement No. EXHIBIT NO. 1 EASEMENT RELEASE 9.5 Square Foot Tract Lot 4, Block 4 Anderson Ridge Subdivision, Phase Four Crawford Burnett Survey, A-7 College Station, Brazos County, Texas Field notes of a 9.5 square foot tract or parcel of land, lying and being situated in the Crawford Burnett Survey, Abstract No. 7, College Station, Brazos County, Texas, and being a part of Lot 4, Block 4, Anderson Ridge Subdivision, Phase Four, according to the final plat of same recorded in Volume 795, Page 257, of the Official Records of Brazos County, Texas, said 9.5 square foot tract being located within the 15 foot wide Public U~ility Easement, as dedicated along the southwest line of the said Lot 4, said 9.5 square foot tract of land being more particularly described as follows: COMMENCING at the iron rod found marking the common corner of the said Lot 4, Block 4, and Lot l, Block 4, of Anderson Ridge Subdivision, Phase Four, being located in the northwest right-of-way line of Holleman Drive; THENCE N 67° 54' 31' E along the southeast line of Lot 4 and the northwest line of Holleman Drive for a distance of 15.00 feet to the north- east line of the abovementioned 15 foot wide Public Utility Easement; THENCE N 20° 45' 42" W along the northeast line of the said 15 foot wide Public Utility Easement for a distance of 98.98 feet to the PLACE OF BEGINNING of this 9.5 square foot description; THENCE N 22° 14' 04" W across the said 15 foot wide Public Utility Easement and 0.25 feet southwest of and parallel with an existing concrete foundation for a distance of 27.18 feet and corner; THENCE N 67° 45' 56" E continuing across the said 15 foot wide Public Utility Easement and 0.25 feet northwest of the said existing concrete foundation for a distance of 0.70 feet and corner in the northeast line of the said 15 foot wide Public Utility Easement; THENCE S 20° 45' 42" E along the northeast line of the said 15 foot wide Public Utility Easement for a distance of 27.19 feet to the POINT OF BEGINNING, containing 9.5 square feet of land, more or less. Surveyed February, 1986 _ T. David Chinn Registered Public Surveyor No. 4138 KLING ENGINEERING AND SURVEYING BRYAN. TEXAS 00559 ~? ? .,_.. SCALE: I" ' -.. = 30' Now or Formerly CITY OF COLLEGE STATION REMAINDER OF 4 AC. TR. VOL. 209, PG. 36 ANDERSi)N RIDGE - PHASE ONE LOT 2 ".:. EXISTING .'.. BUILDING LOT 4 BLOCK 4 LOT 5 HOLLEMAN PROPERTIES INC. 28,400 SQ. FT. TR. VOL .388, PG. 588 z 25' BUILDING LINE II S 67°54'31"W - 106.39' POWER POLE / ' "~CURB OPENING ~ OVERHEAD POWER UNE HOLLEMAN DRIVE ~o TEX~S ^v~. ......... APPROX. 500'  NOTE: Southwest ed_qe of buildinq ~:.. has been skewed graphically to clarify encroachment. · -~"~' 413s .~ ."_e-*' EXHIBIT No, 2-A %~o&~:.~_~oy SKETCH v-''~*~''EYED · of the ~"R AGGIELAND PRINTING BUILDING NOVEMBER , 1985 BY."T. DAVID CHINN- R.RS.NO. 4138 1801 HOLLEMAN DRIVE CRAWFORD BURNETT SURVEY COLLEGE STATION ,TEXAS SCALE: I": 30' NOVEMBER,IqR.~ {305600 · I ~ IL~.JBLIC UTILITY EASEMENT ~ ! N 67 °45' 56" E' O' 7 O' -"'"'= :' C'"'..~'~7..~. EASEMENT RELEASE 9. 5 SQUARE FEET I1 15'PUBLIC UTILITY EASEMENT N 20045'42'' W ,' 98.98' ~,,,i ~ -- N 6?o~a"~-~S.O0'---- -- ~hibit No.2-B  HO/lEMAN DRIVE EASEMENT RELEASE 9.5 SQUARE FEET' ~i..;~..'4~ ~,.'.'~'. B ' D/~VIDCHINNm.mNO.4138 CRAWFORD BURNETT SURVEY ~~ .................... COLLEGE STATION,TE XAS "I ~"~'~' SCA LE.' I"= 3' FEBRUARY, 1986 07~-'~ 5 6'"'~LING ENgINEERINGa~¢,# ,t;#AIAND SURVEYING .0 0 5 6 0-~ -"