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01-25-90-3 - Resolution - 01/25/1990RESOLUTION NO. 1-25-90-3 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 APPLICANT, JOHN AND SHARON HANSEN, PERTAIN- ING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 4, BLOCK 2, OF RAINTREE, SECTION ONE, MORE COMMONLY KNOWN AS 7715 APPOMATTOX, INTO THE EASEMENT. WHEREAS, the City of College Station has received an application for a license to encroach into a utility easement; and WHEREAS, the City of College Station has enacted Ordi- nance No. 1645 regulating, controlling and governing encroachments; and 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; and WHEREAS, after hearing the application of John and Sharon Hansen to encroach into the easement, the City Council of the City of College Station finds the fol- lowing facts: Through no fault of the present property owner 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. That the land use in the neighborhood appears to be stable and the use to which this prop- erty is being put is not ].ikely to change within the foreseeable future and is similar in 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 owner 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 taken into consideration would deprive the applicant of the reasonable use of his 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 applicant. The fact that the user 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 other prop- erty in the area. WHEREAS, the applicant agrees to accept the terms of the license agreement as presented to him. 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 John and Sharon Hansen pertaining to the encroach- ment of a portion of a structure located at Lot 4, Block 2, Raintree Section One, more commonly known as 7715 Appomattox, into the easement area. The terms of said License Agreement are as set forth in the form which is attached hereto as Exhibit "A" and incorpo- rated herein by reference for all purposes. 0076 II. That this resolution shall be effective immediately upon adoption. PASSED, ADOPTED and APPROVED this the 25th day of January , 1990. APPROVED: ATTEST: City Secr~y ..~ 007680 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 John F. Hansen, and wife Sharon A. Hansen (hereinafter referred to as "LICENSEE"), owners of Lot 4, Block 2, Raintree, Section 1, College Station, Texas according to the plat recorded in Volume 373, Page 461, of the Deed Records of Brazos County, Texas, hereby grants a license to the said LICENSEE to permit a portion of the structure located at Lot 4, Block 2, Raintree, Section 1, in the 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 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. LICENSEE expressly stipulating and agreeing by LICEN- SEE's acceptance of this license that LICENSEE neither asserts nor claims any interest or right of any type or nature whatso- ever, legal, equitable or otherwise in or to LICENSOR's property. LICENSEE hereby expressly convenants, 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' fees, 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. LICENSEE, at its own expense, shall restore or cause to be restored the subject property to as good as condition as existed prior to construction of the improvements which are the subject of this License Agreement. LICENSEE shall pay all costs of relo- cation of any public utilities or facilities which may be incur- red as a result of the proposed construction or actual construc- tion. 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 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 007681 terms and conditions hereof shall be binding upon subsequent own- ers or holders thereof. LICENSEE 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 re- moved. This license is revocable by the LICENSOR upon the occur- rence of any of the following conditions or events: ae LICENSEE or its successors 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 The use of the licensed area becomes necessary for a public purpose; or Dm Said improvements or a portion of them constitute a dan- ger to the public which is not remediable by maintenance or alteration of the said improvements; or E. Said improvements or a portion of them have expanded be- yond 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 LICENSEE, as indicated by the signature of LICENSEE. This license shall be filed of record in the Official Rec- ords of the County Clerk of the Brazos County Courthouse. APPROVED this the25th day of January , 1990. APPROVED: JOHN F. HANSEN SHARON A. HANSEN ATTEST ~lty SecreCy CITY OF COLLEGE STATION, LICENSOR 007682 STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT This instrument was acknowledged before me on the _~day of g1990, by MAYOR LARRY RINGER, as Mayor of e ~tation, a Texas Municipal Corporation, on behalf of said Corporation. Notary Public in and for the State of NE X A S . i , Printed Name :~ My Comm. Exp.: STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT This instrument was acknowledged before me on the · 1990, by .. day of Notary Public {n and kor the State of T E X A S Printed Name: My Comm. Exp.: STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT This instrument was acknowledged before me on the · 1990, by day of Notary Pu6~6 in and-k0~ the State of T E X A S Printed Name: My Comm. Exp.: ,, 007683 37t~/833 Mac. ARTHUR SURVEYS INC. P.O. Box 4592 Note: Bry,,n, Texas 77805 ~t ~ ~ re~ ~ e~ of s~t. ~ ....... ' ~.~, / ...... / /'£' / Block Two College Station Lot t~ in the City of 461 page 7715 kPPOMAT"~ DRVE / / of the Raintr/Section One of thc Deed according to the plat recorded in volume 373 Records of Brazos County, Texas. I, James W. MacArthur, Registered Public Surveyor, No. 2089, do hereby certify that the above plat correctly represents a Survey made by me or under my direction December 5 ,19 89 This Plat was prepared for the purpose of Hansen. Title Survey for Record Bearings and distances on lot lines. #89-913 There are no visible encroachments other than those shown hereon. Based on the information scaled from the FEMA map dated July 2, 1981, this property does lie within a designated 100-year flood area. Panel No. t~800 83 000 2 B. 007684