11-30-93-1 - Resolution - 11/30/1993RESOLUTION NO. 11-30-93-1
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHO-
RIZING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXE-
CUTE A LICENSE AGREEMENT BETWEEN THE CITY OF COLLEGE
STATION AND APPLICANT JERRY COOPER, PERTAINING TO THE
ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 1 AND LOT 2,
BLOCK 19, COLLEGE PARK, MORE COMMONLY KNOWN AS 602
BELL STREET, INTO THE EASEMENT.
WHEREAS, the City of College Station, has received an application for a
license to encroach into a utility easement;
WHEREAS, the City of College Station has enacted Ordinance No. 1645
regulating, controlling and governing encroachments;
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;
WHEREAS, after hearing the application of JERRY C. COOPER and
CAROLE A. COOPER to encroach into the easement, the City Council of
the City of College Station, finds the following facts:
1. Through no fault of the present property owners, 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 uti-
lization of the property in its present status.
4. That the structure intrudes into the easement to such a de-
gree 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 ease-
ment through no fault of the present property owners and
that it is not economically feasible to remove the part of the
structure within the easement area does constitute special
Resolution No. 11-30-93-1 P
circumstances and conditions affecting the property which if
not take into consideration would deprive the applicants of
the reasonable use of their property.
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 applicants.
3. The fact that the use of the easement area by the property
owners 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; and
WHEREAS, the applicants agree to accept the terms of the license
agreement as presented to them;
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 JERRY C. COOPER and
CAROLE A. COOPER, pertaining to the encroachment of a portion of a
structure located at Lot 1 and Lot 2, Block 19, College Park, more com-
monly known as 602 Belle Street, 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 pur-
poses.
That this resolution shall be effective immediately upon adoption.
PASSED and APPROVED this 3c`' day of November, 1993.
ATTEST:
APPROVED:
LAXIA)
ity Secretary)
1,7
THE STATE OF TEXAS
*
COUNTY OF BRAZOS *
LICENSE AGREEMENT
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 JERRY C. COOPER and
CAROLE A. COOPER (hereinafter referred to as "LICENSEES"), owners of Lot 1 and
Lot 2, Block 19, College Park, more commonly known as 602 Bell Street, College
Station, Texas according to the plat recorded in Volume 38, Page 602, of the Official
Records of Brazos County, Texas, hereby grants a license to the said LICENSEES to
permit a portion of the structure located a Lot 1 and Lot 2, Block 19, College Park, more
commonly known at 602 Bell Street in the City of College Station, Texas, 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 property, easement or easements, or any other rights in and to the
above -described property. LICENSEE expressly stipulating and agreeing by LICEN-
SEES' acceptance of this license that LICENSEES neither assert nor claim any interest
or right of any type or nature whatsoever, legal, equitable or otherwise in or to LICEN-
SOR's property.
LICENSEES hereby expressly covenant, stipulate and agree, 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 supple-
mental 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.
LICENSEES, at their 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. LICENSEES shall pay all costs of
relocation of any public utilities or facilities which may be incurred as a result of the
proposed construction or actual construction.
LICENSEES agree 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 LICENSEES' 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
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 owners or holders thereof. LICENSEES shall cause any immediate suc-
cessors 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 occurrence of any of the following
conditions or events:
EXHIBIT "A"
j1r/c/nov93/cooper
11/24/93
A. LICENSEES or their heirs, executors and administrators, have 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 improve-
ments; or
E. Said improvements or a portion of them have expanded 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 LICEN-
SEES, as indicated by the signatures of LICENSEES.
The license shall be filed of record in the Official Records of the County Clerk of the
Brazos County Courthouse.
APPROVED this the day of , 1993.
APPROVED:
JERRY C. COOPER, LICENSEE
CAROLE A. COOPER, LICENSEE
STATE OF TEXAS
COUNTY OF BRAZOS
APPROVED:
CITY OF COLLEGE STATION,
LICENSOR
BY:
MAYOR LARRY RINGER
ATTEST:
Connie Hooks, City Secretary
ACKNOWLEDGMENT
This instrument was acknowledged before me on the day of
, 1993, by MAYOR LARRY RINGER, as Mayor of the City of
College Station, a Texas Municipal Corporation, on behalf of said Corporation.
Notary Public in and for
the State of TEXAS
STATE OF TEXAS
))
COUNTY OF BRAZOS ACKNOWLEDGMENT
This instrument was acknowledged before me on the day of
1993, by JERRY C. COOPER and CAROLE A. COOPER.
js/c/nov93/cooper
11/24/93
-2-
Notary Public in and for
the State of TEXAS
METES AND BOUNDS DESCRIPTION
OF A
116 SQUARE FOOT ENCROACHMENT
INTO A PROPOSED 0.117 ACRE
PUBLIC UTILITY EASEMENT
COLLEGE PARK
COLLEGE STATION, BRAZOS COUNTY, TEXAS
Metes and bounds description of all that certain tract or parcel of land, being a portion
of a proposed Public Utility Easement, located in College Park, an addition to the city of College
Station, according to the Plat recorded in Volume 38, Page 602, of the Deed Records of Brazos
County, Texas.
Said tract being more particularly described by the metes and bounds as follows:
COMMENCING at a 1/2 inch iron pipe found marking the East corner of,Lot 1, Block 19 of
said College Park on the Southwest Right -of -Way line of south Hereford Street (40' R.O.W.),
said iron pipe also marking a North corner of said proposed 0.117 acre Public Utility Easement;
THENCE: S 44" 34' 28" W along the Southeast line of said Lot 1 and Lot 2 and a Northwest
line of said proposed Public Utility Easement for a distance of 62.39 feet to a point on the
outside face of a wood frame garage marking the pOINT OF BEGINNING for this herein
described tract;
THENCE: through said proposed Public Utility Easement and along the outside edge of said
garage for the following calls:
S 43 " 59' 45" E for a distance of 6.06 feet;
S 46" 25' 39" W for a distance of 20.30 feet;
N 43 " 59' 45" W for a distance of 5.41 feet to a point on the southeast line of said Lot
2 and said Northwest line of said proposed Public Utility Easement;
THENCE: N 44" 34' 28" E along said line and through said garage for a distance of 20.31 feet
to the POINT OF BEGINNING containing 116 square feet of land, as surveyed on the ground
November, 1993.
Brad Kerr
Registered Professional
Land Surveyor No. 4502
D:\wait\93-325c.mab
EXHIBIT "A"
C7
5/8" Iron
Rod Set \
Water
Valve
11'09'18" E — 18.15
4*.
,n —
N 11'09'19" E — 18.15 -
goo eer---
S 44'32'58" E -- 99.50
N 44'32'58" W — 97.00
E. Coufol
& 35' of
oining Lot 5,
ubdivison o
College Park
, et ux
Lot 2
Block E
a Portion
Nco
,rh •
Gas Meter
Water Meter
Clean
S 44'32'58. E — 7.
/sec'
//e2
(-De
ec/
Guy Wire 4s chor
\. sit\
h f
JEC1C. 40PER.et ux
LOT 1 AND 19T . 2, BLOCK 1
299/655
1 Story Frame
602 Bell Q,
412
S . 4'34'28" W — 15.00
Lot 2
Block E •
•
Steven PauI. An:Orson .,
et ux, Lot :.1 arid
adjoining' 30' of Lot 2,
Block E, College Park
1207/121
Lot 1
Block E
Water
Valve
S 4,
\
ipe
Lot 3
Block
N 44'34'28" E —
44'34'28" W -. 140.16
Rebecca LIc
Lots 3, 4,
Lot 5, Bloci
College Part
384/134
Lot 4
Block 19