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01-25-90-10 - Resolution - 01/25/1990RESOLUTION NO. 1-25-90-10 A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZ- ING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND ~PPLICANT, RANDY FRENCH, ON BEHALF OF STYLECRAFT BUILDERS, INC., d/b/a RANIER HOMES, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 2, BLOCK 56, SOUTHWDOD VALLEY SECTION 24E, MORE COMMONLY KNOWN AS 3002 COCHISE COURT, INTO THE EASEMENT. WHEREAS, the City of College Station has received an appli- cation for a license to encroach into a utility easement; W~EREAS, the City of College Station has enacted Ordinance No. 1645 regulating, controlling and governing encroach- ments; and 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; and W~EREAS, after hearing the application of Randy French on behalf of Stylecraft Builders, Inc., d/b/a Ranier Homes, 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 inter- fered with by the utilization of the property in its present status. That there are no utilities which would interfere with the utilization of the property in its pres- ent 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. 007686 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 easement through no fault of the present prop- erty owners and that it is not economically feas- ible to remove the part of the structure within the easement area does constitute special circum- stances and conditions affecting the property which if not taken into consideration would de- prive 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 preser- vation 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 utili- ties or access to the utilities and is not detri- mental to the public health, safety or welfare or injurious to the property in the area. WHEREAS, the applicants agree to accept the terms of the license agreement as Dresented 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 Randy French, on behalf of Stylecraft Builders, Inc., d/b/a Ranier Homes, pertaining to the encroachment of a portion of a structure located at Lot 2, Block 56, Southwood Valley Section 24E, 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 incorporated herein by reference for all purposes. II. That this resolution shall be effective immediately upon adoption. PASSED and APPROVED this 25th day of January , 1990. APPROVED: ATTEST~~,~ City 007688 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 Randy French on behalf of Stylecraft Builders, Inc., d/b/a Ranier Homes (hereinafter refer- red to as "LICENSEE"), owner of Lot 2, Block 56, $outhwood Valley Section 24E, College Station, Texas according to the plat re- corded in Volume 1140, Page 495, of the Official Records of Brazos County, Texas, hereby Grants a license to the said LI- CENSEE to permit a portion of the structure located at Lot 2, Block 56, Southwood Valley Section 24E, in the City of College Station, Texas, to encroach upon the easement, as shown on Exhi- bit "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 a 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 007689 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: A® 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 Ce The use of the licensed area becomes necessary for a public purpose; or 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 Em 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 the2~day of January , 1990. APPROVED: STYLECRAFT BUILDERS, INC., d/b/a RANIER HOMES, LICENSEE BY- RANDY FRENCH, President ATTEST: , City Secret~_~/ CITY OF COLLEGE STATION, LICENSOR 007690 STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT T~~instrument was acknowledged before me on the ~ d~3ay of Z~ ~'~o/ , 1990, by MAYOR LARRY RINGER, as Mayor of the City oflCollege 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-~t;j~/-~;~_~ My Comm. STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT This instrument was acknowledged before me on the day of , 1990, by Randy French as President of Stylecraft Builders, Inc., d/b/a Ranier Homes, on behalf of said corporation. Notary Public in and for 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 , 1989, by day of Notary Public in and for the State of T E X A S Printed Name: My Comm. Exp.: ., 007691