HomeMy WebLinkAbout05-25-17-04 - Resolution - 05/25/2017 RESOLUTION NO. 05-25-17-04
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE
MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A LICENSE
AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND APPLICANT,
BRACOL DEVELOPERS LLC, PERTAINING TO THE ENCROACHMENT OF A
STRUCTURE LOCATED AT LOT 2R, BLOCK 4, PRAIRIE VIEW HEIGHTS
SUBDIVISION, MORE COMMONLY KNOWN AS 617 BANKS STREET, 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 Ordinance 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 Council must make certain findings of facts;
WHEREAS, after hearing the application of Bracol Developers LLC 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 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.
4. 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 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; and
Resolution No. 05-25-17-04 Page 2 of 6
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:
I.
That the Mayor is hereby authorized to execute on behalf of the City of College Station a
License Agreement with Bracol Developers LLC pertaining to the encroachment of a portion of
a structure located at Lot 2R, Block 4, Prairie View Heights Subdivision, more commonly
known as 617 Banks Street 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 May, 2017.
ATTEST: APPR• ED:
SHE' 'Y M 1.HBURN AR 00 Y
City Secretary ayor
APPROVED:
I r
i y A ttorney
Resolution No.05-25-17-04 Exhibit"A" Page 3 of 7
LICENSE AGREEMENT
THE STATE OF TEXAS
* KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS
That the CITY OF COLLEGE STATION, TEXAS (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 BRACOL DEVELOPERS LLC, a Texas
limited liability company (hereinafter referred to as "LICENSEE"), owner of Lot 2R, Block 4,
Prairie View Heights Subdivision, College Station, Texas, according to the plat recorded in Volume
13331, Page 121 of the Official Records of Brazos County,Texas, hereby grants a license to the said
LICENSEE to permit a portion of a structure located on a portion of Lot 2R, Block 4, Prairie View
Heights Subdivision, 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 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 facilities
that may be incurred as a result of the proposed construction or actual construction.
LICENSEE agrees to comply with all laws and ordinances in the construction and maintenance of
said improvements.
Resolution No.05-25-17-04 Exhibit"A" Page 4 of 7
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 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 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 improvements upon the removal,
whether or not all of the proposed improvements are removed.
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;or
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; or
C. The use of the licensed area becomes necessary for a public purpose; or
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 improve-
ments; or
E. Said improvements or a portion of them have expanded beyond the scope of
the license; or
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.
This license shall be effective upon the acceptance of the terms hereof by the LICENSEE, as
indicated by the signature of LICENSEE.
This License Agreement shall be filed of record in the Official Records of the County Clerk of the
Brazos County Courthouse.
Resolution No.05-25-17-04 Exhibit"A" Page 5 of 7
APPROVED this the day of , 2017.
APPROVED: APPROVED:
BRACOL DEVELOPERS LLC, CITY OF COLLEGE STATION,
A Texas Limited Liability Company LICENSOR
LICENSEE
BY: BY:
MARCOS MACHADO KARL MOONEY,Mayor
Managing Member
ATTEST:
SHERRY MASHBURN, City Secretary
STATE OF TEXAS
ACKNOWLEDGMENT
COUNTY OF BRAZOS
This instrument was acknowledged before me on the day of , 2017, by
KARL MOONEY, as Mayor of the City of College Station, a Texas Municipal Corporation, on
behalf of said Corporation.
Notary Public in and for the State of Texas
STATE OF TEXAS
ACKNOWLEDGMENT
COUNTY OF BRAZOS
This instrument was acknowledged before me on the day of
2017, by MARCOS MACHADO, Managing Member of BRACOL DEVELOPERS, LLC, a Texas
limited liability company, on behalf of said of BRACOL DEVELOPERS, LLC, a Texas limited
liability company.
Notary Public in and for the State of Texas
RETURN ORIGINAL DOCUMENT TO:
City of College Station
Legal Department
P.O. Box 9960
College Station, Texas 77842-9960
Resolution No.05-25-17-04 Exhibit"A" Page 6 of 7
ENCROACHMENT
METES AND BOUNDS DESCRIPTION
OF A 0.0013 ACRES
RICHARD CARTER LEAGUE
BRAZOS COUNTY,TEXAS
Being a tract of land containing 0.0013 acres, out of the Richard Carter League, Brazos County,
Texas, also being out of Lot 2R, Block 4(Lot 2R) of Prairie View Heights, a subdivision
recorded in Volume 13331, Page 121 of the Brazos County Official Records (B.C.O.R.), the said
0.0013 acres being a building encroachment into an existing 10 foot public utility easement(10'
P.U.E.), as shown on the Plat of Survey prepared by Carlomagno Surveying, and having a file
name of 17082.dwg, the said 0.0013 acres tract being more particularly described as follows:
COMMENCING at a 5/8" iron rod with an orange plastic cap marked"Carlomagno RPLS
1562"set for the south corner of the said Lot 2R, also being a point along the northwest right-of-
way line of Banks Street, a 40' right-of-way, also being the east corner of Lot 3 Block 4 of
Prairie View Heights, a subdivision recorded in Volume 128, Page 516 of the Brazos County
Deed Records(B.C.D.R.);
THENCE crossing the said Lot 2R,North 32°39'07"West, a distance of 32.53 feet to a point
for the PLACE OF BEGINNING, also being the south corner of a two story wood house
(House), also being a point located within the said 10' P.U.E., also being a point within the said
Lot 2R;
THENCE crossing the said Lot 2R,the following calls and distances:
North 47°29'02"West, a distance of 37.04 feet to a point for the west corner of this tract,
also being the west corner of the said House;
North 42°24'28" East, a distance of 1.55 feet to a point for the north corner of this tract;
South 47°34'58" East, a distance of 37.05 feet to a point for the east corner of this tract;
South 42°47'21" West, a distance of 1.62 feet to the PLACE OF BEGINNING
containing 59 square feet or 0.0013 acres.
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Dante Carlomagno '7'. *1562 �'�' '
1 •**SVC
Texas Registered Professio ' • SVR
Land Surveyor No. 1562 ` ,.
April 20, 2017
17082-Encroachment.doc
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LICENSE AGREEMENT
THE STATE OF TEXAS
* KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS
That the CITY OF COLLEGE STATION, TEXAS (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 BRACOL DEVELOPERS LLC, a Texas
limited liability company (hereinafter referred to as "LICENSEE"), owner of Lot 2R, Block 4,
Prairie View Heights Subdivision, College Station, Texas, according to the plat recorded in Volume
13331, Page 121 of the Official Records of Brazos County,Texas, hereby grants a license to the said
LICENSEE to permit a portion of a structure located on a portion of Lot 2R, Block 4,Prairie View
Heights Subdivision, 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 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 facilities
that may be incurred as a result of the proposed construction or actual construction.
LICENSEE agrees to comply with all laws and ordinances in the construction and maintenance of
said improvements.
A17-000681 -1-
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 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 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 improvements upon the removal,
whether or not all of the proposed improvements are removed.
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; or
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; or
C. The use of the licensed area becomes necessary for a public purpose; or
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 improve-
ments; or
E. Said improvements or a portion of them have expanded beyond the scope of
the license; or
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.
This license shall be effective upon the acceptance of the terms hereof by the LICENSEE, as
indicated by the signature of LICENSEE.
This License Agreement shall be filed of record in the Official Records of the County Clerk of the
Brazos County Courthouse.
A17-000681 -2-
25
APPROVED this the _'` day of /12 , 2017.
APPROVED: APPROVED:
BRACOL DEVELOPERS LLC, CITY OF COLLEGE STATION,
A Texas Limited Liability Company LICENSOR
LICENSEE
BY: B ,,! �
MARCOS MACHADO OON Y, Ma
Managing Member
A 1"1'EST:
I
SHERRY 414MHBURN, City Secretary
STATE OF TEXAS 5
5 ACKNOWLEDGMENT
COUNTY OF BRAZOS 5
This instrument was acknowledged before me on the 0754-day of , 2017, by
KARL MOONEY, as Mayor of the City of College Station, a Texas Municip Corporation, on
behalf of said Corporation.
v _ _ 4
1 •Par pie TANYA McNUTT
= �� 1165'27139.5 1.
*' * Notary.Public,State of Texas Notaryubli and for the State of Texas
., My Commission Expires
L ! February 14,2018
STATE OF TEXAS 5
5 ACKNOWLEDGMENT
COUNTY OF BRAZOS 5
This instrument was acknowledged before me on the day of
2017, by MARCOS MACHADO, Managing Member of BRACOL DEVELOPERS, LLC, a Texas
limited liability company, on behalf of said of BRACOL DEVELOPERS, LLC, a Texas limited
liability company.
Notary Public in and for the State of Texas
RETURN ORIGINAL DOCUMENT TO:
City of College Station
Legal Department
P.O. Box 9960
College Station, Texas 77842-9960
A17-000681 -3-
EXHIBIT A
ENCROACHMENT
METES AND BOUNDS DESCRIPTION
OF A 0.0013 ACRES
RICHARD CARTER LEAGUE
BRAZOS COUNTY,TEXAS
Being a tract of land containing 0.0013 acres, out of the Richard Carter League, Brazos County,
Texas, also being out of Lot 2R,Block 4(Lot 2R)of Prairie View Heights, a subdivision
recorded in Volume 13331, Page 121 of the Brazos County Official Records(B.C.O.R.),the said
0.0013 acres being a building encroachment into an existing 10 foot public utility easement(10'
P.U.E.), as shown on the Plat of Survey prepared by Carlomagno Surveying, and having a file
name of 17082.dwg, the said 0.0013 acres tract being more particularly described as follows:
COMMENCING at a 5/8" iron rod with an orange plastic cap marked"Carlomagno RPLS
1562"set for the south corner of the said Lot 2R, also being a point along the northwest right-of-
way line of Banks Street, a 40' right-of-way, also being the east corner of Lot 3 Block 4 of
Prairie View Heights, a subdivision recorded in Volume 128, Page 516 of the Brazos County
Deed Records(B.C.D.R.);
THENCE crossing the said Lot 2R,North 32°39'07"West, a distance of 32.53 feet to a point
for the PLACE OF BEGINNING, also being the south corner of a two story wood house
(House), also being a point located within the said 10' P.U.E., also being a point within the said
Lot 2R;
THENCE crossing the said Lot 2R,the following calls and distances:
North 47°29'02"West, a distance of 37.04 feet to a point for the west corner of this tract,
also being the west corner of the said House;
North 42°24'28" East, a distance of 1.55 feet to a point for the north corner of this tract;
South 47°34'58"East, a distance of 37.05 feet to a point for the east corner of this tract;
South 42°47'21" West, a distance of 1.62 feet to the PLACE OF BEGINNING
containing 59 square feet or 0.0013 acres.
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Texas Registered Professio - • ' ! O
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Land Surveyor No. 1562 -
April 20, 2017
17082-Encroachment.doc
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