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08-27-92-4.7 - Resolution - 08/27/1992RESOLUTION NO. 8-27-92-4.7 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, CITIZENS BANK OF LOMETA, PER- TAINING TO THE ENCROACHMENT OF A STRUCTURE, MORE COMMONLY KNOWN AS INTERNATIONAL HOUSE OF PANCAKES, LOCATED ON A 0.667 ACRE TRACT OF LAND IN THE JOE E. SCOTT LEAGUE, 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 Ordi- nance 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 Coun- cil must make certain findings of facts; WHEREAS, after hearing the application of Citizens Bank of Lometa to encroach into the easement, the City Coun- cil of the City of College Station, finds the following facts: Through no fault of the present property own- ers, a portion of the structure was con- structed 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 in- terfere with the utilization of the property in its present status. 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. Se That the land use in the neighborhood appears to be stable and the use to which this prop- erty 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 con- cludes and finds that: The fact that the structure was constructed within the easement 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 circumstances and condi- tions affecting the property which if not take into consideration would deprive the ap- plicants of the reasonable use of their prop- erty. 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 prop- erty in the area. 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 be- half of the City of College Station a License Agreement with Citizens Bank of Lometa pertaining to the en- croachment of a portion of a structure, more commonly known as International House of Pancakes, located on a 0.667 acre tract in the Joe E. Scott League, more par- ticularly described by a deed recorded in Volume 1228, Page 462 of the Deed Records of Brazos County, Texas, 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 this27th ATTEST: City Secretary day of August , 1992. APPROVED: LICENSE AGREEMENT DRAFT 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 CITI- ZENS BANK OF LOMETA (hereinafter referred to as "LICENSEE"), owner of a 0.667 acre tract of land in the Joe E. Scott League, more particularly described by a deed recorded in Volume 1228, Page 462 of the Deed Records of Brazos County, Texas, hereby grants a license to the said LICENSEE to per- mit a portion of the structure, more commonly known as International House of Pancakes, located on said 0.667 acre tract of land set out above, to encroach upon the easement, as shown on Exhibit "A" and as described by metes and bounds in Exhibit "B" attached hereto and incorporated herein by reference for all purposes, owned and occupied by the City of College Station, Brazos County, Texas, but such improve- ments 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 con- ditions: Neither the granting of the license, nor any related permit, constitutes an abandonment by LICENSOR of its prop- erty, easement or easements, or any other rights in and to the above-described property. LICENSEE expressly stipulat- ing 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 facili- ties which may be incurred as a result of the proposed con- struction 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 protect- ing persons or property, or public interest in regard to said easement. EXHIBIT "A" 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 subse- quent 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, 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 oc- currence of any of the following conditions or events: LICENSEE or its successor has 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 Ce 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 ex- panded beyond the scope of the license; or Fo 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 signa- ture 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 __ day of , 1992. APPROVED: CITIZENS BANK OF LOMETA, LICENSEE BY: ATTEST: CITY OF COLLEGE STATION, LICENSOR BY: MAYOR LARRY RINGER City Secretary STATE OF TEXAS ) ) COUNTY OF BRAZOS ) ACKNOWLEDGMENT This instrument was acknowledged before me on the of , 1992, by MAYOR LARRY RINGER, as Mayor of the City of College Station, a Texas Municipal Corporation, on behalf of said Corporation. day Notary Public in and for the State of T E X A S STATE OF TEXAS ) ) COUNTY OF ) ACKNOWLEDGMENT This instrument was acknowledged before me on the day of , 1992, by. as of CITIZENS BANK OF LOMETA, a , on its behalf. Notary Public in and for the State of T E X A S I .H.O.P. Building Encroachment into College station Utility Easement 335/476 METES AND BOUNDS DESCRIPTION OF A 72 SQUARE FOOT TRACT JOE E. SCOTT LEAGUE A-50 COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain tract or parcel of land lying and being situated in the Joe E. Scott League, Abstract No. 50, College Station, Brazos County, Texas. Said tract being a portion of a called 0.667 acre tract as described by a deed recorded in Volume 1228, Page 462 of the Deed Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: ~OM~ENCING at a cotton gin spindle set marking the east corner of said 0.667 acre tract and a 7.5 foot wide utility easement as described in Volume 335, Page 476 of the Deed Records of Brazos County, Texas; THENCE: N 48' 01' 45" W along the northeast line of said tract and the southwest right-of-way line of South College Avenue (FM 308) for a distance of 7.51 feet to a point marking the north corner of said easement; THENCE: S 45' 17' 28" W through said tract and along the northwest line of said easement for a distance of 51.30 feet to the POINT OF BEGINNING for this herein described tract; THENCE: S 45' 17' 28" W continuing along said line and through a building for a distance of 28.61 feet to an angle point of said easement; THENCE: S 42' 10' 21" W along said easement for a distance of 44.84 feet to a point on the outside edge of a building; THENCE along the outside edges of said building and through said easement for the following calls: S 47' 24' 42" E for a distance of 1.03 feet; N 42' 35' 14" E for a distance of 73.41 feet to the POINT OF BEGINNING containing 72 square feet of land as surveyed on the ground May 06, 1992. Brad Kerr .~~ Registered Professional Land Surveyor No. 4502