11-10-94-3.8 - Resolution - 11/10/1994q so[ution
NO. 11-10-94-3.8
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHO-
RIZING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXE-
CUTE A LICENSE AGREEMENT BE,'P~VEEN THE CITY OF COLLEGE
STATION AND APPLICANTS, ROBERT W. GUNTHER AND CHRISTINE
J. GUNTHER, PERTAINING TO THE ENCROACHMENT OF A STRUC-
TURE LOCATED AT LOT 16, BLOCK J, UNIVERSITY PARK SECTION II,
MORE COMMONLY KNOWN AS 1108 AUTUMN CIRCLE, 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 ROBERT W. GUNTHER AND
CHRISTINE J. GUNTHER, to encroach into the easement, the City
Council of the City of College Station, finds the following facts:
Through no fault of the present property owners, a portion of
the structure was constructed in the utility easement.
That there are no utilities which would be interfered with by
the utilization of the property in its present status.
That there are no utilities which would interfere with the utili-
zation of the property in its present status.
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.
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:
The fact that the structure was constructed within the ease-
ment through no fault of the present property owners and
Resolution No. 11-10- 9 4- 3.8
Page 2
that it is not economically feasible to remove the part of the
structure within the easement area does constitute special
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.
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 ROBERT W. GUNTHER and
CHRISTINE J. GUNTHER pertaining to the encroachment of a portion of
a structure located at Lot 16, Block J, University Park Section II, more
commonly known as 1108 Autumn Circle, into the easement area. The
terms of said License Agreement are as set forth in the form which is at-
tached 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
~"r~/~E ST:
Connie Hooks, City Secretary
day of November, 1994.
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 ROBERT W. GUNTHER
and CHRISTINE J. GUNTHER (hereinafter referred to as "LICENSEES"), owners of Lot
16, Block J, University Park Section II, more commonly known as 1108 Autumn Circle,
College Station, Texas, according to a vacating and re-subdivision plat recorded in
Volume 529, Page 33, of the Deed Records of Brazos County, Texas, hereby grants a
license to the said LICENSEES to permit a portion of the structure located at Lot 16,
Block J, University Park Section II, more commonly known at 1108 Autumn Circle 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 thegranting 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. LICENSEES 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:
LICENSEES or their heirs, executors and administrators, have failed to
comply with the terms of the granting of the license; or
.l$.'c,'~,'fcro.~ch.'~,~tlte~'2
,~':.~w EXHIBIT "A"
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
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
Said improvements or a portion of them have expanded 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 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 ,1994.
APPROVED:
ROBERT W. GUNTHER,
LICENSEE
CHRISTINEJ. GUNTHER,
LICENSEE
APPROVED:
CITY OF COLLEGE STATION,
LICENSOR
BY:
MAYOR LARRY RINGER
ATTEST:
Connie Hooks, City Secretary
STATE OF TEXAS )
)
COUNTY OF BRAZOS )
ACKNOWLEDGMENT
This instrument was acknowledged before me on the day of
, 1994, 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 T E X A S
jx.'~/*ncroach~gunther2
10.'26:94
-2-
STATE OF WASHINGTON )
)
COUNTY OF KING )
ACKNOWLEDGMENT
This instrument was acknowledged before me on the
,1994, by ROBERT W. GUNTHER.
day of
Notary Public in and for
the State of Washington
STATE OF WASHINGTON )
)
COUNTY OF KING )
ACKNOWLEDGMENT
This instrument was acknowledged before me on the
,1994, by CHRISTINE J. GUNTHER.
day of
Notary Public in and for
the State of Washington
j=/c..'encrooch.~gunther2
I
-3-
Field Notes
Easement Encroachment
Being all of that certain tract or parcel of land lying and being situated in
College Station, Brazos County, Texas and being a part of Lot 16 Block "J" of
UNIVERSITY PARK SECTION II according to the Plat recorded in Volume 529
page 33, Deed Records of Brazos County, Texas and being described as follows:
COMMENCING; at a 1/4" iron rod found at the most easterly common comer of
Lots 15 and 16 Block "J"; same being in the southwest right-of-way line of
Autumn Circle;
THENCE: S 61°29'12'. W - 24.07 feet along the common line between said
Lots 15 and 16 to a point;
THENCE: S 28°30'48" E - 7.50 feet into said LOt 16 and comer on the face of a
duplex for the PLACE OF BEGINNING;
THENCE: S 61°29'12.' W - 36.65 feet through said duplex and comer on the
southwest face of said duplex;
THENCE: N 25°41'50" W - 1.79 feet along said duplex face to the comer of
said duplex for comer;
THENCE: N 64°17'28" E - 36.61 feet continuing along the face of said duplex
to the PLACE OF BEGINNING; and containing 32.82 square feet or 0.00075
acres of land, more or less, according to a survey made on the ground under
the supervision of Donald D. Garrett, Registered Professional Land Surveyor,
No. 2972 on July 7, 1994.
~. r~^r(~,E-r-r E~r~lr, lEE~lr, lr~l
I10 UTdhflV
Lot /~ Block ~/ __ of the ~-,.~/J/~=~/~ P~' ,-'-'-'-'-'-'-'-'-'~47',,,'4:2,/'V' ~
~o~,ec,~o~ ~//~ ~, ~ ~ ~x~ .cco~,.~to~ ~~-~
I fudher ce~i~ that no improvements on th~s pro~ enc~ach on adjacent prope~y nor do~ny improvements on
adjacent pro~ encroach on this p~[~cept as shown. This prope~/is not in l~-year flood h~ard area
as established by the U.S. Army. Co~s of ~gip~.
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