08-8-91-2 - Resolution - 08/08/1991RESOLUTION NO. 8-8-91-2
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 JOAN MOORE, PERTAINING TO THE
ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 14, CHIMNEY
HILL ADDITION, MORE COMMONLY KNOWN AS 210 EMBER GLOW
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 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 Joan Moore 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-
er, portions of the structures were 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 structures intrude into the easement
to such a degree that it is not economically
feasible to remove the parts of the struc-
tures 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
Resolution No. 8-8-91-2 Page 2
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 structures were constructed
within the easement through no fault of the
present property owner and that it is not
economically feasible to remove the parts of
the structures within the easement area does
constitute special circumstances and condi-
tions affecting the property which if not
take into consideration would deprive the ap-
plicant of the reasonable use of her 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
parts of the structures within the easement
does provide a basis for granting the license
necessary for the preservation and enjoyment
of the substantial property right of the
applicant.
The fact that the use of the easement area by
the property owner 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 applicant agrees to accept the terms of
the license agreement as presented to her.
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 Joan Moore pertaining to the encroachment of a
portion of a swimming pool and a covered parking area
located at Lot 14, Chimney Hill Addition, into the
easement area. The terms of said License Agreement are
Resolution No. ~-8L~-2' Page 3
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 8th
day of August, 1991.
APPROVED:
ATTEST:
City Secretary
THE STATE OF TEXAS
COUNTY OF BRAZOS
· 47543O
LICENSE AGREEMENT
* KNOW ALL MEN:..~.~0.TH~..S~. 'I=RESEI~I~S:
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 JOAN
MOORE (hereinafter referred to as "LICENSEE"), owner of Lot
14, Chimney Hill Addition, College Station, Texas, according
to the plat recorded in Volume 476, Page 113, of the Offi-
cial Records of Brazos County, Texas, hereby grants a li-
cense to the said LICENSEE to permit portions of the struc-
tures located a Lot 14, Chimney Hill Addition 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 im-
provements shall be at all times under and not in contact
with any electric, water, sewer, or other utility, or equip-
ment, 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 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.
345 /
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:
ae
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
De
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
Ee
Said improvements or a portion of them have ex-
panded beyond the scope of the license; or
Pm
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 August, 1991.
~~I~~~CiTYO~F
LICENSOR
~OLLEGE STATION,
BY: ~R
STATE OF TEXAS )
)
COUNTY OF BRAZOS )
ACKNOWLEDGMENT
STATE OF TEXAS )
)
COUNTY OF BRAZOS )
This in~rumen~was acknowledged before me on the ~3- day
.of (.C4~C~,~-y~ , 1991, by MAYOR LARRY RINGER, as
'~yor of th~J~City of College Station, a Texas Municipal Cor-
pora..ti, on, on behalf of said Commotion.
Notary Public in and for
the State of T
~ ~% PAM ALLEN
~ {~._A.. ~ Not~r~ Public
~ ~ ~ ;~ STATE of TEXAS
AC[~O~DG~
This instrument was
of
acknowledged before me on the 9 d~y
, 1991, by JOAN MOORE. --.
.5~'/..'I ~ $ ~",..,
,', / .'
N~tary Public in a~ : ~09.%-~' / ~ ':
the State of T E X
Printed Name:
My Comm. Exp.:--'-'"-'/~-
~" ;d .'.'"~
vo: 1353 347