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04-22-93-2.7 - Resolution - 04/22/1993~':'~:j RESOLUTION NO. 4-22-93-2.7 ~.~_~ ~!'" :~: A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHO- '~:'~'-'~ RIZING THE MAYOR OF THE CI~ OF COLLEGE STATION TO EXECUTE ~ ~.,,~ "'""~' A LICENSE AGREEMENT BE~EEN THE CI~ OF COLLEGE STATION -~., AND APPLICANTS, RALPH E. WHITE AND MARJORIE WHITE, PERTAIN- ING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 90, BLOCK 1, SOUTHWOOD TERRACE SECTION TWO, MORE COMMONLY KNOWN AS 1416 AND 1418 RESCUE COURT, 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 RALPH E. WHITE and MARJORIE WHITE 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 uti- lization 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 that it is not economically feasible to remove the part of the structure within the easement area does constitute special RESOLUTION NO.4-22-93-2.7 PAGE 2 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 RALPH E. WHITE and MARJORIE WHITE, pertaining to the encroachment of a portion of a structure located at Lot 90, Block 1, Southwood Terrace Section Two, into the easement area. The terms of said Ucense 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 22nd day of April, 1993. A'II'EST: APPROVED: ~ Secretary , ~ , ~- .. , ---.-. ~ ....... ..., ..... ,.. - ~ ~'.~'.~ . UCENSE AGREEMENT 93 APR 26 ?:; 3.' 23 THE STATE OF TEXAS * · KNOW ALL MEN BY THESE PRI~,~EflT~? COUNTY OF BRAZOS * :qAZO~0UNTY That the City of College Station (hereinafter referred to as "LICENSOR"), acting through the undersigned official who is so empowered by rasolutlon of the City Council to so act in consideration of the agreement made herein by RALPH E. WHITE and MARJORIE WHITE, husband and wife, (hereinafter referred to as "LICENSEES'% owners of Lot 90, Block 1, Southwood Terrace Section Two, College Station, Texas, according to the plat recorded in Volume 443, Page 75, of the Official Records of Brazca County, Texas, hereby grants a license to the said LICENSEES to permit a portion of the stnJcture located a Lot 90, Block 1, Southwood Terrace Section Two, in the City of College Station, Texas, to en- croach upon the easement, as shown on Exhibit "A" attached hereto and incor- orated herein by reference for all purposes, owned and occupied by the City of liege 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 struc- tures which are servicing the improvements and other property, and subject to the following terms and conditions: LICENSEES hereby assume full responsibility and liability for the encroaching structure and hereby release, relinquish and discharge, and agree to indemnify, protect and save harmless LICENSOR from all claims, demands and causes of action of avery kind and character including the cost of defense thereof, for any injury to, Including death of, any person (whether they be third persons, invitees, licensees or trespassers) and any loss of or damage to property (whether the same be to the structure, the parties hereto or to third parties) caused by or alleged to be caused by, arising out of or in connection with the granting of this license, whether or not said claims, demands and causes of action, in whole or in part, are covered by insurance. Neither the granting of the license, nor any related permit, constitutes an aban- donment by LICENSOR of its property, easement or easements, or any other rights in and to the above-dascdbed property. LICENSEES expressly stipulating and agreeing by LICENSEES' acceptance of this license that UCENSEES neither assert nor claim any Interest or dght of any type or nature whatsoever, legal, equitable or otherwise in or to LICENSOR'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 liabil- ity, 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 li- cense and any supplemental license which mayhereaffer be issued in connec- tion herewith including any inspections which may be conducted in connection with or pursuant to said license or any supplemental license. LICENSEES, et their own expense, shall restore or cause to be restored the subject property to as good a condition as existed pdor to construction of the improvements which are the subject of this Ucense Agreement. LICENSEES shall pay all costs of relocation of any public utilities or facilities which may be incurredas 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 lend to which this license applies and at LICENSEES' expense to remove any structure or improvements or aiteretlons thereon upon the determination by LICENSOR that such removal is necessary for exercising LICENSOR's rights or dutlas in re- gard to said easement, or for protecting persons or property, or public Interest in regard to said easement. 777 260 {a/whlte 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 Imme- diate successors in Interest to have factual notice of this Ucense 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 Improvements upon the removal, whether or not allof the proposed im. provements 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 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 The use of the licensed area becomes necessary for a public pur- pose; or Do 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 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 pub- lic 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 LICENSEES, as indicated by the slgnaturas 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: RALPH E. WHITE, LICENSEE ~ WHITE, L~ City e..cr ary CITY OF COLLEGE STATION, LICENSOR STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT ~..Is iq~trument was acknowledged before me on the c~'J~- day of L.,i4D'bdJ ,1993, by LARRY RINGER, as Mayor oftl~e City of College Statiol% a Texas Municipal Corporation, on behalf of said Corporation. Notary Public in and for the State of T E X A S STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT AThie instrument was acknowledged before me on the '~.(_.2 day,. "- of Y-~.;[ ,1993, by RALPH E. WHITE and ~E, ;.;,....; husband and wife. , · . ,,~N~ "" ~ ;: ~;,-: ........... ',, ,..~...., ,---,,,,,. ~ ~.~ f~.:~.;-"~ ~::~'..,. ........... ~ ~l~/~.'-/ /~-[ ~'..,--,.-r,?--.. C~L, ....:. .N, bta...ry .Public in.a. ncl for ~,{~' ~.~?~. ~,~,: ,:!", tne ~ate ct -tt'X-A"S~-. '.~ ',,': :~-:,5 .;,.?<: . ; .. ,, ~ -,/..., '"". a/whlte 1593 Field Notes 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 90 Block i of Southwood Terrace section two and recorded in Volume 443 page 75, Deed Records of Brazos County, Texas and being described as follows: COMMENCING; at a 1/2" iron rod found at the nroth corner of said Lot 90, same being the east corner of Lot 89; ~ENCE: S 23°39'00" E - 103.03 feet to a point on the northeast wall of a house for the POB; said point is the intersection of the southwest line of a 10.00 foot drainage, utility and slope control easement and said wall; THENCE: S 44°21'59" E - 8.55 feet along said wall to a house corner and corner; THENCE: S 45°38'01" W - 2.69 feet along the southeast wall of said house and common said easement line; THENCE: N 26°55'53" W - 8.99 feet along said easement line through said house to the PLACE OF BEGINNING; and containing 11.48 square feet of land, more or less, according to a survey made on the ground under the supervision of Donald D. Garrett, Registered Professional LanSur~No. 2972 on March 29, 1993. F_~HTRIT "A"