08-13-15-2r - Resolution - 08/13/2015RESOLUTION NO. 08-13-15-2r
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE
MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A LICENSE TO
ENCROACH AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND THE
APPLICANT, JIM EASTERLY, REGARDING THE ENCROACHMENT OF A
STRUCTURE LOCATED AT LOT 1R, BLOCK 4, SUMMIT CROSSING PHASE 1
SUBDIVISION, MORE COMMONLY KNOWN AS 1702 LONETREE DRIVE, INTO THE
PUBLIC UTILITY EASEMENT.
WHEREAS, the City of College Station, has received an application for a license to encroach into
a public utility easement; and
WHEREAS, the City of College Station has enacted Ordinance No. 1645 governing
encroachments;
WHEREAS, the City Council must make certain findings of facts to grant a license to encroach,
the;
WHEREAS, after hearing the application of Jim Easterly to encroach into the easement, the City
Council of the City of College Station finds the following facts:
1. That through no fault of the present property owner, a portion of the structure was
constructed in the utility easement.
2. That there are no utilities which would be interfered with by the utilization of the
property in its present status.
3. That there are no utilities which would interfere with the utilization of the property
in its present status.
4. 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.
5. 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 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 concludes and finds that:
1. The fact that the structure was constructed within the easement through no fault of
the present property owner and that it is not economically feasible to remove the
part of the structure within the easement area does constitute special circumstances
License to Encroach Resolution
Lonetree Drive Page 2 of 3
and conditions affecting the property which if not take into consideration would
deprive the applicant of the reasonable use of his property.
2. 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
preservation and enjoyment of the substantial property right of the applicant.
3. 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 property in the area.
WHEREAS, the applicant agrees to accept the terms of the License to Encroach Agreement as
presented to him; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION:
PART I: That the Mayor is authorized to execute on behalf of the City of College Station a
License to Encroach Agreement with Jim Easterly regarding the encroachment of
a portion of a structure located at Lot 1R, Block 4, Summit Crossing Phase 1
Subdivision, more commonly known as 1702 Lonetree Drive, into the public utility
easement area. The terms of License to Encroach Agreement are as set forth in the
form attached hereto as Exhibit "A" and incorporated herein by reference for all
purposes.
PART II: That this resolution shall be effective immediately upon adoption.
PASSED and APPROVED this 13th day of August, 2015.
ATTEST:
City Secr�k�}y
APPROVED:
c.
City Attorney911A°
APPROVED:
License to Encroach Resolution
Lonetree Drive Page 3 of 3
Exhibit "A"
License to Encroach Agreement
METES AND BOUNDS DESCRIPTION
0.0001 ACRES
Being a tract of land containing 0.0001 acres, and being across Lot 1R, Block 4, of Summit
Crossing Phase 1 replat recorded in Vol. 11180, Page 150, of the Brazos County Official Records
(B.C.O.R.). All bearings of this survey are referenced to the Texas State Plane Coordinate System,
Central Zone, NAD83(2011) Epoch 2010,.as surveyed on the ground on July 26th of 2015. This
description is also referred to the plat prepared by ATM.Surveying, Project No. 2015-0156, and
being more particularly described as follows:
COMMENCING at a 1/2" iron rod with yellow plastic cap marked "KERR 4502" found for the
south corner of said Lot 1R, also being the west corner of Lot Al, Block 4, common area, as
recorded on said Summit Crossing plat, also being a point on the northeast right-of-way line of
Lonetree Drive(50' R.O.W.)
THENCE North 25°23'03" East, a distance of 34.55 feet across said Lot 1R to a point for the
PLACE OF BEGINNING;
THENCE North 52°26'43" West, a distance of 1.02 feet across said Lot 1R to a point for corner;
THENCE North 42°15'19" East, a distance of 12.62 feet to a point for the northeast corner of this
tract, from which a 1/2" iron rod with a maroon plastic cap marked "RPLS 6132 - ATM SURV" set
for the east corner of said Lot 1R bears N 43°26'37" E, a distance of 72.88 feet for reference;
THENCE South 37°38'03" West, a distance of 12.58 feet to the PLACK9F BEGINNING
containing 0.0001 acres.
Wallace
Texas Registered Professional Land Surveyor No. 6132
15-0156-Lonetree-1702-SEWER-legal
6/26/15 -Revised 7/21/15
') Y
.3 405,0'. Y Y kV L d Y Y v Y Y Y
ADAM C. WALLACE
\ ..... A k ft tl i k vS. N. 4. M *
� "aM1+°"2
LOT 3R
BLOCK 4
LOT 2R
BLOCK 4
N
L52 2643„ w
1.02_
CONC.
LOT 1R
BLOCK 4
ONE STORY
STONE / WOOD TOWNHOUSE
N 42°15'19" E
12.62'
ENCROACHMENT AREA
0.0001 ACRES- 6.40 SQ. FT.
R=25.00' ' -C.'
D=09°19'17"
L=4.07'
LC=4.06'
CB=N 57°31'25" W
N250.23 03 E
34.55,
S 37°38'03" W
12.58' VOL. 9490PA ,
-ss—`_sem --
----ACTUAL MEASURED DISTANCE--
FROM
ISTANCEFROM CENTER OF SEWER LINE
TO SLAB.
LOT Al
BCK 4
COMMON AREA
-�J
0
Qa
— —SS —
20' City of College Station P.U.E.
(VOL. 660, PAGE 606)
20' P.A.E.(VOL. 9490, PAGE 296)
STATE HIGHWAY 30
(120' RO. W.)
RESTRICTIONS RECORDED 124 VOL. 9523, PAGE 134, AND VOL. 11180, PAGE 150.
BLANKET ESMTS RECORDED IN VOL. 98, PAGE 90, VOL. 98, PAGE 184, VOL. 127,
PAGE 411, VOL. 494, PAGE 11, VOL. 8460, PAGE 24 APPLY TO THIS TRACT
ACCORDING TO THE RECORDED PLAT.
File name: 15-0156-LONETREE DR-1702.DWG
Plot date: 07/26/15
SURVEY LEGEND
SUBJECTPROPERTYLINE
ADJOINING PROPERTY LINE ® WATER METER
— — ——U7TLITYF 3SF1,1ENT
0 SEWER MANHOLE
SS — — UNDERGROUND SANITY LINE
r r WOOD FENCE
J2"IRONROD WITH YELLOW PLASTIC CAP MARKED "KERR 4502"FOUND
126IRON ROD W/MAROONPLASTIC CAP MARKED "RPLS6132- ATM SURV"SET
BUS MD 12"IRON ROD W/ YELLOWPLASTIC CAP MARKED 'KERR 4502"FOUND
Survey Notes:
COVERED CONC
1). The bearings of this survey are based on the Texas State Plane
Coordinate System, Central Zone, NAD83(2011) Epoch 2010, and
boundary based on 1/2" iron rods with yellow plastic cap marked "KERR
4502" found and referred to the previously recorded plat.
2). Drawing Scale is 1"=20'
3). Drawn by: Adam Wallace
4). Said lot does not appear to be under the 100 year flood plain, as
identified by the Federal Emergency Management Agency on
Community Panel No. 48041CO220E effective date, 05-16-2012
I, Adam Wallace, Registered Professional Land Surveyor No. 6132, do
hereby certify that the above survey is a true and accurate
representation of an actual on the ground survey performed on July
26th, 2015, made under my supervision and that there are no
encroachments or overlaps unless otherwise shown.
Adam Wallace
Texas Registered Professional
Land Surveyor, Number 6132
SURVEY PLAT
Ewa': 0.0001 ACRE EASEMENT
ACROSS LOT. ONE -R (IR) BLOCK: FOUR(4)
sunotvtstos: SUMMIT CROSSING, PHASE 1, REPLAT- VOL.
11180, PAGE 150
STREET ADDRESS: 1702 LONETREE DRIVE
crrY: COLLEGE STATION, TEXAS
SURVEYED FOR: LONETREE PROPERTIES
COUNTY: BRAZOS
ATM Surveying
P.O. Box 10313, College Station, TX 77840
PHONE: (979)209-9291 email: Adam@ATMsurveying.com
www.ATMsurveying.com - FIRM #101784-00
Exhibit A
LICENSE TO ENCROACH AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS §
The City of College Station ("Licensor"), acting through the Mayor, who is empowered by
resolution of the City Council to so act in consideration of the License to Encroach Agreement
made herein by Jim Easterly ("Licensee"), owner of:
Lot 1R, Block 4, SUMMIT CROSSING PHASE 1 SUBDIVISION, College
Station, Texas, according to the plat recorded in Volume 11180, Page 150
of the Official Records of Brazos County, Texas,
Hereby grants a license to Licensee to permit a portion of a structure located on a portion of Lot
1R, Block 4, Summit Crossing Phase 1 Subdivision, College Station, Texas, to encroach upon the
public utility easement, as shown on the Metes and Bounds and Survey Plat in Exhibit "A"
attached hereto and incorporated herein by reference for all purposes, owned and occupied by the
City of College Station, 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:
1. Neither the granting of the license, nor any related permit, constitutes an abandonment by
Licensor of its property, easement or easements, or any other rights in and to the above-described
property. Licensee expressly stipulating 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.
2. 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.
3. 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 facilities
that may be incurred as a result of the proposed construction or actual construction.
License to Encroach Agreement Page 1 of 5
Lonetree Drive
Exhibit A
4. Licensee agrees to comply with all laws and ordinances in the construction and
maintenance of said improvements.
5. Licensor retains the right, but not the obligation, to enter upon the land 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 the easement, or for protecting persons or property, or public interest in regard
to the easement.
6. 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 owners or
holders thereof. Licensee shall cause any immediate successors in interest to have factual notice
of this License to Encroach Agreement.
7. 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.
S. This license is revocable by the Licensor upon the occurrence of any of the following
conditions or events:
a. Licensee or its successors or assigns have failed to comply with the terms of the
granting of the license.
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.
c. The use of the licensed area becomes necessary for a public purpose.
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.
e. Said improvements or a portion of them have expanded beyond the scope of the
license.
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.
9. This license is effective upon the acceptance of the terms of by the Licensee indicated by
Licensee's signature.
10. This license shall be filed of record in the Official Records Brazos County.
APPROVED this the
day of , 2015.
License to Encroach Agreement Page 2 of 5
Lonetree Drive
Exhibit A
APPROVED: APPROVED:
JIM EASTERLY, CITY OF COLLEGE STATION,
Licensee Licensor
BY: BY:
JIM EASTERLY Mayor
ATTEST:
City Secretary
APPROVED:
City Attorney
License to Encroach Agreement Page 3 of 5
Lonetree Drive
STATE OF TEXAS
COUNTY OF BRAZOS
§
§
§
Exhibit A
ACKNOWLEDGMENT
This instrument was acknowledged before me on the day of , 2015, by
, as Mayor of the City of College Station, a Texas
Home Rule Municipal Corporation.
STATE OF TEXAS
COUNTY OF BRAZOS
§
§
§
Notary Public in and for the State of Texas
ACKNOWLEDGMENT
This instrument was acknowledged before me on the day of ,
2015, by Jim Easterly as of
Notary Public in and for the State of Texas
License to Encroach Agreement Page 4 of 5
Lonetree Drive
Exhibit A
Exhibit "A"
Metes and Bounds Survey Plat
License to Encroach Agreement Page 5 of 5
Lonetree Drive