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Home My WebLink About1986V893P432 • ` , ri Cl , LICENSE AGREEMENT . THE STATE OF TEXAS COUNTY OF BRAZOS * KNOW ALL MEN BY THESE PRESENTS: . i. That the City of College Statione )., reerre to as "LICENSOR" ) , acting through the undersignedrofficiald 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 , Block 2 , in Windwood Phase II , ac- cording to the plat recorded in Volume 463 , Page 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, and of College Station, times under and not in contact withtany eelectrnts ic,ll water, all 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 grantingpermit, constitutesan of the license , nor any related prop- erty, easement or easements, or botherFrightsNSOR fits a the above-described property. LICENSEE expresslyin stipula- ting to and agreeing by LICENSEE ' S acceptance of thislicense that LICENSEE neither asserts nor clamsright of any type or nature whatsoever, any interest lor e otherwise in or to LICENSOR' s legal , equitable or property. LICENSEE hereby expressly agrees, Without limitation convenants, stipulates and withe th h hold it h , to indemnify and defend claimarmless from any and all liability, cause of action, and cost, including , and including any acts or officers, omissions of attorneys fees, agents, and employees, they LICENSOR,wits attributable to the granting by which may grow out of or and any supplemental license by the LICENSOR of said license wh in connection herewith includinlch may hereafter be issued be conducted in connection withgorny inspections which may and any supplemental license . pursuant to said license LICENSEE, at its own be restoresubject prop at shall restore or cause to existed prior to construction of therty to as good as subjectimprovementsnwhichn as of this license a allthe costs of relocation ic of agreement. LICENSEE are aes mayany public utilities orhfacili- facili- ties or be incurred as a result of the actual construction. proposed con- sLICENSEE agrees to in the constructionNgand comply with all laws and maintenance of ordinances. said improvements. LICENSOR retains the right, enter upon theRand but not the eIterU ' s to which this license applies to orLI EN EE ' s alterations thereon to remove any structure o imp and at sucherthereon upon the determination improvements thatatts or removals is necessary for exercisingby LICENSOR ing personsd or in regard LICENSOR ' s g to said eainserent, or g a protect- said easement. property' or public interest in regard to 32 rTh , - P - - - 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 B. 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 D. 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 F. 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 y of June, APPROVED: / LICE••SEE , Wilford D . Gardner 1 LICENSEE Mary Jo Richardson Gardner, his wife CITY OF COLLEGE STATION, LICENSOR, ATTEST: BY: �,,.�.. LARR J'. R`7N' ER, ' M•YOR City 5ee r� • - 2 - I 1i APPLICATION FOR A LICENSE TO ENCROACH UPON A PUBLIC EASEMENT IN THE CITY OF COLLEGE STATION LOCATED AT --- 6403________ od Or___________________ __MU_ 22.1_1986 ___-- ______________ DATE: TO THE MAYOR AND CITY COUNCIL The undersignedOF THE CITY OF COLLEGE STATION: that portion hereby make Application for a that of the above easement License tEncroachin No• i , attached. In support particularly describedato undersigned represent and tthe of l w q warrant followin9plication, the 1 . The undersigned will hold harmless,uand edthe City of and damages that mayindemnify it against all suits College St, exp arise or grow out ► costs, expenses, 2. Attached, of such license. encroachment, marked Exhibit No. �achment, prepared by a Registered Public is 1' is a 9 description of ublic Surveyor. the C. Attached, marked 2. Acta of , e public Exhibit No. 2, is a plat paortion to theeasement to be licensed oa r skeheh of that abutting nearest streets in all directions, nd the lots and block, surrounding described an and the subdivision showingwhichthees f such easement i s situated, together i n which Iotas with above the record owners 4. A• Attached, marked ti Exhibit No. as to the license; 3, is the consent of all public 0• Atta�_hed, marked . abuttig pro Exhibit No. 4 state) NONEertY owners, except then the consent of all the following; Cif none,' so 6. A se;_ense to Encroach the pybl.ic beau easement should be ranted _,the or __iainal_builder encroached_ the ea 7:and the_encroachment was waived_ the title easement_when building'the gara�e Such tic ____m __ o _the _ the rc Pub easement has been and is .pang f -- 1�ina1_pwner. _ ea _two feet of the .gara�e extend into the being used as follows: -- —__ _ ________________foot ea s em t, swear that all ---- _ 1 s true and �f the Information - ._ _ "___--_...,..__ correct to the best of my° novel ed in this _ .A Application APP 1 i -____ _;' _ _— dne arra.: �• i ti: {� ____ �r 1 cants. Signature -- Witness ! ___ SO1 0-'11134 App? , .;tion number t ./ EXHIBIT IVO. 1 . Being that portion ': f that certain public utility easement situated in "the __ Wiadyagj subdivision 'in the City of College Station, Era:of County, Te',,a5, and being more 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. Q35 • . .4,C• t .. • ' ci EXHIDIT NO. 2 The following is a plat or sketch of that portion of th* 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 .ti•(• is situated, together with the record owners of such lots; 3•,, .. igi. :.,• Et MacARTHUR SURVEYS P.O.lox 4592 .P: EXHIBIT "A" Bryan,Texas 77805 f.r.' (409)7754609 +SCALE: /=20 ;,.'. . ts •f,' • ‘9. • .5 45./0 / E ri.liejall tvoo0 witt./1 /30.00' 18* eo '1941 No Poidgete 2e UT/L/TI" E.iscnie•vr ii . laii1MON . 0 ,.. i... \ Ii 4.41.4AC•L 44 ecotAf LOT 24 . , . . .. 4 ' • • • 1 k \ *IZO ' . SIC'., t g.... • ,' Z: v. 1. ' /-.170PlY 0. LOT 27 1- 1 . .. \ t q. .. '.f • m . • io Et ,.• 7 -, , ..' ' • i : )T5 10 .•• , . . • .. .. . . •,-..• • . • ...,.. 1.: 1 I . ----..... 44 CT, ,...' /,.... 1 , . . . r \ Id /0 I 1 n \ 25 ESL. IA e .. . ' - C6b.. 10/7;-•-...... -g 'fi: • ,. Si/ --•-•.... 3%,7,,;: • • ..c....-cna•Aacr$960'w L0.41. . - . •. ....,. , I • 4/46 Ot 4/ YV J2.99 • .. . . 6+03 WINO WOOD CA/YE • i „ I 41'. • i of _2 __of di, V/indwood Phase Two '.N in ow city co,Isle Static ---"---"'"---•-..--7---.._..,.._______7_._ ....—__—______. ac,ording to the plat recoraed in 1 the deed of record: of Brazos County, Texas. • I, Yams: W. MacArthur, Regirtered Public Suriveyor, No. 2089, doh 6 •. ere y ctruZY that the above plat COrrteily rtpresenti a SurVey made by mil or Au ust 22 . wads my direction' This plat was„and for purpom of Title Sur ve . Record Bearin s anddistances on lot lines. 085-768 ,.'i,'.'s .r_r •. ..1,... . .._.._........________._._.___._.._. le $ There are no vitible encroachment: other than those —•••• . x w, shown hereon. tip ir •...ay... -or r' . .. This property is not in a 100-year flood hazard area based ;‘ „ • . (-)02 0,,, Af in on the FEMA map dated July 2, 1981. 1.0,. ()C..) _t . "-'• r;...1.---'4-' ••• • ... .... •• •-• • •• • • • • • • • • • .• •• EXHIBIT NO. The undersigned public utI1.ity companies, using or entitled to: use, unc -,er the terms and provisions of our respective franchise“wi. th the City of College Staticin, the public easement for which a License to Encroach is sought in the Application for a License to Encroach the utility easement above referred to, di: (hereby consent to the encroachment as described. LONE STAR GAS COMPANY GENERAL TELEPHONE COMPANY s)/0,q,,jel BY: Byk:E4y, TITLE / ,� . .:Jk TITLES McCAW C:AELEV I S I ON BY: /C � TITLE'" The undersigned, City Engineer for the City of College Station, certify that I have carefully considered the Application for a License ti: Encroach the easement referred to above from the standpoint of present and future needs of the City cf C11tge Station with respect to traffic and city utilities, and I see n objection to the requested license from the City' s standpoint . --I!- _:i t yEn ' n City of College Station von 89'3 r., 4 37 EXHIBIT NO. 4 The undersigned, owners of property abutting upon the portion of- the public easement named and described in the Application for a License to Encroach a public easement referred to above, do hereby consent to such license. James 0. Statham Ken Dobbs NAME NAME 6401 Windwood Dr. 6405 Windwood Dr. � ' ADDRES , 2252- , ,...-• S GNATURE/DATE -..-v- - Ze, .i.. r . --.c.:-(2, zi),6 SI �NATUF:E/DATE i...e.e.i./....k ____ _/ SIGNATURE/ AT SIGGNATURE/DATE Richard Smith NAME NAME ADDRESSt ADDRESS .5--4 Vet, SIGNATURE/DATE J�%�N�iG` �--....----- SIGNATURE/DATE ---------- SIGNATURE/DATE - SIGNATURE/DATE NAME NAME - - - ADDRESS ADDRESS SIGNATUF:E/DATE SIGNATURE/DATE SIGNTURE/D )TE ..- SIGNATU^C. 74TF _.-- - vo. 891 3. • STATE OF TEXAS :CQ[�N�.y OF BRAZOS * JOINT ACKNOWLEDGMENT • TV,f instrument was acknowledged before me on the /7 . qday 'of l ,1,i _^i , 1986 , by Wilford G. Gardner and / his wif ; , Mary Jo Richardson Gardner. Notary Pub is in and for the STATE TEXAS Printed Name : 2)i/1-it) My Comm. Exp. :/W -; 3Q 7d- STATE OF TEXAS * CORPORATE ACKNOWLEDGMENT COUNTY OF BRAZOS * This instrument was acknowledged before me on the /9th day of ,'�jtle. , 1986 , by Larry J. Ringer , Mayor of the City of College Station, on behalf of said City. • • (.407141.);(_, / ' / NOTARY PUBLI in and for • i the STATE OF TEXAS Printed Name :COr rl l t. gAr 2.- f TT My Comm. Exp: Feb . /S) / 79O VOL.• OU °�� 1139 - 3 -