04-11-91-4.3 - Resolution - 04/11/1991RESOLUTION NO. 4-11-91-4.3
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 APPLICANTS CHARLES L. ROBERT$ON, JR., AND
DEBORAH L. ROBERTSON, PERTAINING TO THE ENCROACHMENT OF
A STRUCTURE LOCATED AT LOT ll, BLOCK 8, SOUTHWOOD SEC-
TION 9, MORE COMMONLY KNOWN AS 1021 GUADALUPE DRIVE,
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 Charles L.
Robertson, Jr., and Deborah L. Robertson, 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 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.
g
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 Charles L. Robertson, Jr., and Deborah L. Robert-
son, pertaining to the encroachment of a portion of a
structure located at Lot 11, Block 8, Southwood Section
Nine, into the easement area. The terms of said Li-
cense 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 llth day of April, 1991.
ATTEST:
City Secretary
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 consid-
eration of the agreement made herein by CHARLES L. ROBERTSON,
JR., and DEBORAH L. ROBERTSON (hereinafter referred to as
"LICENSEES"), owners of Lot 11, Block 8, Southwood Section 9,
College Station, Texas, according to the plat recorded in Volume
291, Page 41, 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 11, Block 8, Southwood Section 9,
in the City of College Station, Texas, to encroach upon the ease-
ment, 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 improve-
ments shall be at all times under and not in contact with any
electric, water, sewer, or other utility, or equipment, or inter-
fere 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:
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. LICENSEES expressly stipulating and agreeing by
LICENSEES' 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 LICENSORS'
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 supplemental license which may
hereafter be issued in connection herewith including any inspec-
tions 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 con-
struction.
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 hhis license applies and at LICENSEES' ex-
pense 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 own
EXHIBIT "A"
e3~25~9! ~002
Deed Rest.
City Ordinance ~16:18
Bulldin& Setback Lines
1.~ ~e setback
10:45 '~'409 26,' 3080 H.L.P.C. '* Brazosland Real
' P.O. Box e~2
1021 GUADALUPE DRIVE
Lot II, Block 8, of the SOUTHWOOD SECTION NINE, in the City o! Collese Station accordm~
to the plat recorded tn Volume ;~91, paso el, 0¢ *he Oe-.d Records o! Brazos County, Texas.
i, 3ames ~/. /-ac~.rthur, Regist,.,ea Pr~)tesslona ..and Surveyor, i~o. ~S:, do hereby =ert~y
t~t the above plat correctly repre~nts a Survey made by me or un~r my ~rectJon Mar~ 21,
This plat was prepared for the purpose of T,tle Survey for Robertson.
Record Calls on lot lines. //91-371
There are no visible encroachments other than those ~own hereon.
Based on the information scaled [rom the FEMA map d~ted 3uly 2, 1981, PaneJ No.
e~0083 O00e B, this property does not lie within a designated 100-year ~lood area.
EXHIBIT ".~"
STATE OF TEXAS )
)
COUNTY OF BRAZOS )
ACKNOWLEDGMENT
· , 199~, by MAYOR LARRY RINGER, as Mayor of the
City df College Station, a Texas Municipal Corporation, on behalf
of said Corporation.
Notary Public in and for
the State of T E X A S
Printed Name: f--~-~-'
My Comm. Exp. ~[e ^
[~ My Co=m,ssmn Exp,res:
STATE OF TEXAS )
)
COUNTY OF BRAZOS )
ACKNOWLEDGMENT
Thi~ instrument was acknowledged before me on the ~3t~ day of
~,/ , 1990, by CHARLES L. ROBERTSON, JR., and
DEBORAH L. ROBERTSON, his wife.
Notarlf~bIlc in ~and for--
the Sta~e of T E X A S
ers or holders thereof. LICENSEES shall cause any immediate suc-
cessors in interest to have factual notice of this License Agree-
ment.
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 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=
Ae
LICENSEES or their heirs 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 purpose; or
Dm
Said improvements or a portion of them constitute a
danger to the public which is not remediable by main-
tenance 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 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 LICENSEES, 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 April, 1991.
LICENSEE
ATTEST
City Secret~fy
CITY OF COLLEGE STATION,
LICENSOR
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