12-9-99-15.15 - Resolution - 12/09/1999RESOLUTION NO. 12-9-99-15.15
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE
MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A LICENSE AGREEMENT
BETWEEN THE CITY OF COLLEGE STATION AND APPLICANT, COMMERCE
NATIONAL BANK, PERTAINING TO THE ENCROACHMENT OF A DRAINAGE
DETENTION FACILITY INTO PORTIONS OF THE PUBLIC UTILITY EASEMENTS
LOCATED ON LOT 14B, BLOCK "T', ACCORDING TO PLAT RECORDED IN VOLUME
2997, PAGE 261, UNIVERSITY PARK, SECTION II, AND LOT 12, BLOCK "T",
ACCORDING TO PLAT RECORDED IN VOLUME 648, PAGE 231, UNIVERSITY PARK
SECTION II, OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS.
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 Commerce National Bank, to encroach into the
easement, the City Council of the City of College Station, finds the following facts:
That there are special circumstances or conditions affecting the property involved
such that the strict enforcement of encroachment policies would deprive the
applicant of the reasonable use of its property.
That there are no utilities which would be interfered with by the utilization of the
property in its present status.
o
That the liense is necessary for the preservation and enjoyment of the substantital
property right of the appliant.
That the granting of the license will not be detrimental to the public health, safety
or welare or injurious to another party in the area.
WHEREAS, the City Council after hearing the application and finding the specific facts as stated
above now concludes and finds that:
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
Resolution No. 12-9-99-15.15 Page 2
As a condition of granting the License to Encroach, the applicant shall uncover
and construct a concrete cap on any underground electrical conduit within this
encroachment, if covered with less than four (4) feet of soil, or to relocate the
lines at no expense to the City of College Station.
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 Commerce National Bank pertaining to the encroachment of a portion of a
drainage structure located on Lot 14B, Block "T" and a portion of Lot 12, Block "T", University
Park, Section II, into the easement area(s). 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.
PASSED and APPROVED this 9th day of December, 1999.
ATTEST:
CONNIE HOOKS, City Secretary
APPROVED:
LYN MCILHANEY, May /r
APPROVED:
LICENSE AGREEMENT
THE STATE OF TEXAS *
COUNTY OF BRAZOS ':'
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 COMMERCE NATIONAL BANK
(hereinafter referred to as "LICENSEE"), owner of Lot 12, Block "T', University Park
Section II, College Station, Texas, according to the plat recorded in Volume 6,4,8~, Page 231 of
the Official Records of Brazos County, Texas, and owner of Lot 14-B, Block ' T', University
Park, Section II, according to the Plat recorded in Volume 2997, Page 261, of the Official
Public Records of Brazos County, Texas, hereby grants a license to,, the said LICENSEE to
permit a portion of a structure located on a portion of Lot 12, Block T" and a portion of Lot
14-B, Block "T", University Park Section II, 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 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 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.
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 facilit!es that may be incurred as a result of the proposed construction 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 protecting persons
or property, or public interest in regard to saideasement.
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 Agreement.
This license shall expire automatically~ upon removal of the improvements located upon the
property pursuant to this license, anu shall expire as to any portion of said improvements
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:
LICENSEE or its successors or assigns have 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
D. Said improvements or a portion of them constitute a danger to the public
which is not remediable Dy 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 LICENSEE, as
indicated by the signature of LICENSEE.
The license shall be filed of record in the Official Records of the County Clerk of the Brazos
County Courthouse.
APPROVED this the O(~'% day of December, 1999.
APPROVED:
LCi~ NATIONAL BANK,
ALLAN W. HANSON, President
APPROVED:
CITY OF COLLEGE STATION,
LICENSOR
EYN~ MclLHANEY, MayV
CONNIE HOOKS, City Secretary
STATE OF TEXAS
COUNTY OF BRAZOS
CORPORATE ACKNOWLEDGMENT
This instrument was acknowledged before me on the j~ day of December, 1999, by
LYNN MclLHANEY, as Mayor of the City of Co e~I~-Station, a Texas Municipal
Corporation, on behalf of said Corporation.
](*{'~l~ Nota~ Public, Slate of Texas [
~1 ~'~'~/ My Commission Expires I,~
Not~'y'Ptibli~c'in and-for
the SOte of T E X A S
STATE OF TEXAS / CORPORATE ACKNOWLEDGMENT
COUNTY OF BRAZOS
)
This instrument was acknowledged before me on the / '~--)-day of December, 1999, by
ALLAN W. HANSON as President of COMMERCE NATIONAL BANK, on behalf of
said
12/09/1999
Notary Public in and for the State of Texas
METES AND BOUNDS DESCRIPTION
OF A
4006 SQUARE FOOT EASEMENT ENCROACHMENT
PORTION OF LOT 12, BLOCK "T"
AND A PORTION OF LOT 14-B, BLOCK "T"
UNIVERSITY PARK, SECTION II
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND
BEING SITUATED 1N COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A
PORTION OF LOT 12, BLOCK "T", UNIVERSITY PARK, SECTION II, ACCORDING TO THE PLAT
RECORDED IN VOLUME 648, PAGE 231 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY,
TEXAS, AND A PORTION OF LOT 14-B, BLOCK "T", UNIVERSITY PARK, SECTION II,
ACCORDING TO THE PLAT RECORDED IN VOLUME 2997, PAGE 261 OF THE OFFICIAL PUBLIC
RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD FOUND ON THE NORTHWEST RIGHT-OF-WAY LINE OF
UNIVERSITY DRIVE (F.M. 60 - 140' R.O.W.) MARKING THE COMMON CORNER OF SAID LOT 12
AND LOT 14-B;
THENCE: S 58° 42' 10" W ALONG THE NORTHWEST LINE OF UNIVERSITY DRIVE, SAME
BEING THE SOUTHEAST LINE OF SAID LOT 14-B, FOR A DISTANCE OF I0.11 FEET TO A
POINT, FOR REFERENCE A 5/8 INCH IRON ROD FOUND MARKING AN ANGLE POINT IN THE
NORTHWEST LINE OF UNIVERSITY DRIVE BEARS: S 58° 42' 10" W FOR A DISTANCE OF 44.82
FEET;
THENCE: N 22° 56' 55" W THROUGH SAID LOT 14-B AND ALONG THE WEST LINE OF AN
EXISTING 10 FOOT WIDE PUBLIC UTILITY EASEMENT FOR A DISTANCE OF 40.55 FEET TO ,A
POINT MARKING THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF
415.90 FEET;
THENCE: CONTINUING THROUGH SAID LOT 14-B AND ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 01 o 05' 13" FOR AN ARC DISTANCE OF 7.89 FEET (CHORD BEARS: N 23°
29' 32" W - 7.89) TO A POINT MARKING THE NORTHWEST CORNER OF THIS HEREIN
DESCRIBED TRACT;
THENCE: N 42° 41' 58" E THROUGH SAID LOT 14-B AND LOT 12 FOR A DISTANCE OF 32.45
FEET TO A POINT ON THE EAST LINE OF AN EXISTING 20 FOOT WIDE PUBLIC UTILITY
EASEMENT, SAID POINT BEING IN A CLOCKWISE CURVE HAVING A RADIUS OF 445.90 FEET;
THENCE: THROUGH SAID LOT 12 AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 02° 44' 05" FOR AN ARC DISTANCE OF 21.28 FEET (CHORD BEARS: S 24° 18' 57" E - 21.28)
TO A POINT MARKING THE ENDING POINT OF SAID CURVE;
99-1031C PG1- Exhibit "A"
THENCE: S 22° 56' 55" E CONTINUING THROUGH SAID LOT 12 FOR A DISTANCE OF 15.96 FEET
TO A POINT ON THE NORTH LINE OF AN EXISTING 20 FOOT PUBLIC UTILITY EASEMENT;
THENCE: CONTINUING THROUGH SAID LOT 12 AND ALONG THE NORTH LINE OF SAID
EXISTING 20 FOOT PUBLIC 0TILITY EASEMENT FOR THE FOLLOWING CALLS:
N 58 ° 46' 09" E FOR A DISTANCE OF 47.44 FEET TO A POINT;
N 20° 18' 33" W FOR A DISTANCE OF 6.42 FEET TO A POINT;
N 69° 4 I' 27" E FOR A DISTANCE OF 74.08 FEET TO A POINT ON THE WEST LINE OF
SPRING LOOP (70' R.O.W.), SAID POINT BEING IN A CLOCKWISE CURVE HAVING A
RADIUS OF 25.00 FEET, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE WEST
L~qE OF SPRING LOOP MARKING THE END~qG POrNT OF SAID CURVE BEARS A CHORD
DISTANCE OF N 15° 51' 37" W- 6.17;
TFIENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 78 ° 28' 22" FOR AN
ARC DISTANCE OF 34.24 FEET (CHORD BEARS: S 30° 27' 51" W - 31.63) TO A 5/8 INCH
IRON ROD FOUND ON THE NORTHWEST LINE OF UNIVERSITY DRIVE MARKING THE
ENDING POINT OF SAID CURVE;
TItENCE: S 69° 41' 27" W ALONG THE NORTHWEST LINE OF UNIVERSITY DRIVE FOR
A DISTANCE OF 14.42 FEET TO A 5/8 INCH IRON ROD FOUND MARKING AN ANGLE
POINT IN SAID LINE;
THENCE: S 58 o 46' 09" W ALONG THE NORTHWEST LINE OF UNIVERSITY DRIVE FOR
A DISTANCE OF 102.51 FEET TO THE POINT OF BEGINNING CONTAINING 4006
SQUARE FEET (0.092 OF AN ACRE) OF LAND MORE OR LESS AS SURVEYED ON THE
GROUND MAY, 1999. SEE PLAT PREPARED AUGUST, 1999, FOR MORE DESCRIPTIVE
INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON THE PLAT CALL
BEARINGS OF UNIVERSITY PARK, SECTION II, 648/231 AND
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
D'./WORK/MAB/99-1031C.MAB
REVISED 09-20-99
99-1031C PG 2 - Exhibit "A"
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