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Home My WebLink About08-13-15-2r - Resolution - 08/13/2015RESOLUTION NO. 08-13-15-2r A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A LICENSE TO ENCROACH AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND THE APPLICANT, JIM EASTERLY, REGARDING THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 1R, BLOCK 4, SUMMIT CROSSING PHASE 1 SUBDIVISION, MORE COMMONLY KNOWN AS 1702 LONETREE DRIVE, INTO THE PUBLIC UTILITY EASEMENT. WHEREAS, the City of College Station, has received an application for a license to encroach into a public utility easement; and WHEREAS, the City of College Station has enacted Ordinance No. 1645 governing encroachments; WHEREAS, the City Council must make certain findings of facts to grant a license to encroach, the; WHEREAS, after hearing the application of Jim Easterly to encroach into the easement, the City Council of the City of College Station finds the following facts: 1. That through no fault of the present property owner, a portion of the structure was constructed in the utility easement. 2. That there are no utilities which would be interfered with by the utilization of the property in its present status. 3. That there are no utilities which would interfere with the utilization of the property in its present status. 4. 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. 5. 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: 1. 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 License to Encroach Resolution Lonetree Drive Page 2 of 3 and conditions affecting the property which if not take into consideration would deprive the applicant of the reasonable use of his property. 2. 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. 3. 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 property in the area. WHEREAS, the applicant agrees to accept the terms of the License to Encroach Agreement as presented to him; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: PART I: That the Mayor is authorized to execute on behalf of the City of College Station a License to Encroach Agreement with Jim Easterly regarding the encroachment of a portion of a structure located at Lot 1R, Block 4, Summit Crossing Phase 1 Subdivision, more commonly known as 1702 Lonetree Drive, into the public utility easement area. The terms of License to Encroach Agreement are as set forth in the form attached hereto as Exhibit "A" and incorporated herein by reference for all purposes. PART II: That this resolution shall be effective immediately upon adoption. PASSED and APPROVED this 13th day of August, 2015. ATTEST: City Secr�k�}y APPROVED: c. City Attorney911A° APPROVED: License to Encroach Resolution Lonetree Drive Page 3 of 3 Exhibit "A" License to Encroach Agreement METES AND BOUNDS DESCRIPTION 0.0001 ACRES Being a tract of land containing 0.0001 acres, and being across Lot 1R, Block 4, of Summit Crossing Phase 1 replat recorded in Vol. 11180, Page 150, of the Brazos County Official Records (B.C.O.R.). All bearings of this survey are referenced to the Texas State Plane Coordinate System, Central Zone, NAD83(2011) Epoch 2010,.as surveyed on the ground on July 26th of 2015. This description is also referred to the plat prepared by ATM.Surveying, Project No. 2015-0156, and being more particularly described as follows: COMMENCING at a 1/2" iron rod with yellow plastic cap marked "KERR 4502" found for the south corner of said Lot 1R, also being the west corner of Lot Al, Block 4, common area, as recorded on said Summit Crossing plat, also being a point on the northeast right-of-way line of Lonetree Drive(50' R.O.W.) THENCE North 25°23'03" East, a distance of 34.55 feet across said Lot 1R to a point for the PLACE OF BEGINNING; THENCE North 52°26'43" West, a distance of 1.02 feet across said Lot 1R to a point for corner; THENCE North 42°15'19" East, a distance of 12.62 feet to a point for the northeast corner of this tract, from which a 1/2" iron rod with a maroon plastic cap marked "RPLS 6132 - ATM SURV" set for the east corner of said Lot 1R bears N 43°26'37" E, a distance of 72.88 feet for reference; THENCE South 37°38'03" West, a distance of 12.58 feet to the PLACK9F BEGINNING containing 0.0001 acres. Wallace Texas Registered Professional Land Surveyor No. 6132 15-0156-Lonetree-1702-SEWER-legal 6/26/15 -Revised 7/21/15 ') Y .3 405,0'. Y Y kV L d Y Y v Y Y Y ADAM C. WALLACE \ ..... A k ft tl i k vS. N. 4. M * � "aM1+°"2 LOT 3R BLOCK 4 LOT 2R BLOCK 4 N L52 2643„ w 1.02_ CONC. LOT 1R BLOCK 4 ONE STORY STONE / WOOD TOWNHOUSE N 42°15'19" E 12.62' ENCROACHMENT AREA 0.0001 ACRES- 6.40 SQ. FT. R=25.00' ' -C.' D=09°19'17" L=4.07' LC=4.06' CB=N 57°31'25" W N250.23 03 E 34.55, S 37°38'03" W 12.58' VOL. 9490PA , -ss—`_sem -- ----ACTUAL MEASURED DISTANCE-- FROM ISTANCEFROM CENTER OF SEWER LINE TO SLAB. LOT Al BCK 4 COMMON AREA -�J 0 Qa — —SS — 20' City of College Station P.U.E. (VOL. 660, PAGE 606) 20' P.A.E.(VOL. 9490, PAGE 296) STATE HIGHWAY 30 (120' RO. W.) RESTRICTIONS RECORDED 124 VOL. 9523, PAGE 134, AND VOL. 11180, PAGE 150. BLANKET ESMTS RECORDED IN VOL. 98, PAGE 90, VOL. 98, PAGE 184, VOL. 127, PAGE 411, VOL. 494, PAGE 11, VOL. 8460, PAGE 24 APPLY TO THIS TRACT ACCORDING TO THE RECORDED PLAT. File name: 15-0156-LONETREE DR-1702.DWG Plot date: 07/26/15 SURVEY LEGEND SUBJECTPROPERTYLINE ADJOINING PROPERTY LINE ® WATER METER — — ——U7TLITYF 3SF1,1ENT 0 SEWER MANHOLE SS — — UNDERGROUND SANITY LINE r r WOOD FENCE J2"IRONROD WITH YELLOW PLASTIC CAP MARKED "KERR 4502"FOUND 126IRON ROD W/MAROONPLASTIC CAP MARKED "RPLS6132- ATM SURV"SET BUS MD 12"IRON ROD W/ YELLOWPLASTIC CAP MARKED 'KERR 4502"FOUND Survey Notes: COVERED CONC 1). The bearings of this survey are based on the Texas State Plane Coordinate System, Central Zone, NAD83(2011) Epoch 2010, and boundary based on 1/2" iron rods with yellow plastic cap marked "KERR 4502" found and referred to the previously recorded plat. 2). Drawing Scale is 1"=20' 3). Drawn by: Adam Wallace 4). Said lot does not appear to be under the 100 year flood plain, as identified by the Federal Emergency Management Agency on Community Panel No. 48041CO220E effective date, 05-16-2012 I, Adam Wallace, Registered Professional Land Surveyor No. 6132, do hereby certify that the above survey is a true and accurate representation of an actual on the ground survey performed on July 26th, 2015, made under my supervision and that there are no encroachments or overlaps unless otherwise shown. Adam Wallace Texas Registered Professional Land Surveyor, Number 6132 SURVEY PLAT Ewa': 0.0001 ACRE EASEMENT ACROSS LOT. ONE -R (IR) BLOCK: FOUR(4) sunotvtstos: SUMMIT CROSSING, PHASE 1, REPLAT- VOL. 11180, PAGE 150 STREET ADDRESS: 1702 LONETREE DRIVE crrY: COLLEGE STATION, TEXAS SURVEYED FOR: LONETREE PROPERTIES COUNTY: BRAZOS ATM Surveying P.O. Box 10313, College Station, TX 77840 PHONE: (979)209-9291 email: Adam@ATMsurveying.com www.ATMsurveying.com - FIRM #101784-00 Exhibit A LICENSE TO ENCROACH AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS § The City of College Station ("Licensor"), acting through the Mayor, who is empowered by resolution of the City Council to so act in consideration of the License to Encroach Agreement made herein by Jim Easterly ("Licensee"), owner of: Lot 1R, Block 4, SUMMIT CROSSING PHASE 1 SUBDIVISION, College Station, Texas, according to the plat recorded in Volume 11180, Page 150 of the Official Records of Brazos County, Texas, Hereby grants a license to Licensee to permit a portion of a structure located on a portion of Lot 1R, Block 4, Summit Crossing Phase 1 Subdivision, College Station, Texas, to encroach upon the public utility easement, as shown on the Metes and Bounds and Survey Plat in Exhibit "A" attached hereto and incorporated herein by reference for all purposes, owned and occupied by the City of College Station, 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: 1. 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 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. 2. 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. 3. 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 facilities that may be incurred as a result of the proposed construction or actual construction. License to Encroach Agreement Page 1 of 5 Lonetree Drive Exhibit A 4. Licensee agrees to comply with all laws and ordinances in the construction and maintenance of said improvements. 5. Licensor retains the right, but not the obligation, to enter upon the land 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 the easement, or for protecting persons or property, or public interest in regard to the easement. 6. 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 owners or holders thereof. Licensee shall cause any immediate successors in interest to have factual notice of this License to Encroach Agreement. 7. 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. S. This license is revocable by the Licensor upon the occurrence of any of the following conditions or events: a. Licensee or its successors or assigns have failed to comply with the terms of the granting of the license. b. 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. c. The use of the licensed area becomes necessary for a public purpose. d. Said improvements or a portion of them constitute a danger to the public which is not remediable by maintenance or alteration of the said improvements. e. Said improvements or a portion of them have expanded beyond the scope of the license. f. Maintenance or alteration necessary to alleviate danger to the public has not been made within a reasonable time after the dangerous condition has arisen. 9. This license is effective upon the acceptance of the terms of by the Licensee indicated by Licensee's signature. 10. This license shall be filed of record in the Official Records Brazos County. APPROVED this the day of , 2015. License to Encroach Agreement Page 2 of 5 Lonetree Drive Exhibit A APPROVED: APPROVED: JIM EASTERLY, CITY OF COLLEGE STATION, Licensee Licensor BY: BY: JIM EASTERLY Mayor ATTEST: City Secretary APPROVED: City Attorney License to Encroach Agreement Page 3 of 5 Lonetree Drive STATE OF TEXAS COUNTY OF BRAZOS § § § Exhibit A ACKNOWLEDGMENT This instrument was acknowledged before me on the day of , 2015, by , as Mayor of the City of College Station, a Texas Home Rule Municipal Corporation. STATE OF TEXAS COUNTY OF BRAZOS § § § Notary Public in and for the State of Texas ACKNOWLEDGMENT This instrument was acknowledged before me on the day of , 2015, by Jim Easterly as of Notary Public in and for the State of Texas License to Encroach Agreement Page 4 of 5 Lonetree Drive Exhibit A Exhibit "A" Metes and Bounds Survey Plat License to Encroach Agreement Page 5 of 5 Lonetree Drive