HomeMy WebLinkAbout07-13-17-2j - Resolution - 07/13/2017 RESOLUTION NO. 07-13-17-2j
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 23R, BLOCK 4, PRAIRIE VIEW HEIGHTS
SUBDIVISION, MORE COMMONLY KNOWN AS 616 PEYTON 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. 07-13-17-2j Page 2 of 8
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 23R, Block 4, Prairie View Heights Subdivision, more commonly
known as 616 Peyton 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 13th day of July, 2017.
ATTEST: APPRO ED:
134),Aivbi)ALAAPA4, --if
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City Secretary Ma,or
APPROVED:
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RESOLUTION NO. 07-13-17-2j Page 3 of 8
Exhibit A
RESOLUTION NO.07-13-17-2j EXHIBIT"A" Page 4 of 8
LICENSE AGREEMENT
THE STATE OF TEXAS *
* KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS
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 Bracol Developers LLC (hereinafter referred to as
"LICENSEE"), owner of Lot 23R, 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 23R, 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.
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
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A 17-000908
RESOLUTION NO.07-13-17-2j EXHIBIT"A" Page 5 of 8
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 improvements;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.
The license shall be filed of record in the Official Records of the County Clerk of the Brazos County
Courthouse.
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A 17-000908
RESOLUTION NO.07-13-17-2j EXHIBIT"A" Page 6 of 8
APPROVED this the day of , 2017.
APPROVED: APPROVED:
BRACOL DEVELOPERS LLC, CITY OF COLLEGE STATION,
LICENSEE LICENSOR
BY: BY:
BRACOL DEVELOPERS LLC KARL MOONEY,Mayor
A 1"1 EST:
SHERRY MASHBURN, City Secretary
STATE OF TEXAS )
CORPORATE 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
STA 1'h OF TEXAS )
CORPORATE 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
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A17-000908
RESOLUTION NO.07-13-17-2j EXHIBIT"A" Page 7 of 8
DESCRIPTION OF ENCROACHMENT
FIELD NOTE DESCRIPTION OF 62 SQUARE FEET, MORE OR LESS, BEING A PORTION OF
LOT 23R, BLOCK 4,OF THE REPLAT OF PRAIRIE VIEW ESTATES,A SUBDIVISION IN THE
CITY OF COLLEGE STATION,RECORDED IN VOLUME 1331,PAGE 121, ORBCT (OFFICIAL
RECORDS OF BRAZOS COUNTY, TEXAS) BEING AN AREA OF ENCROACHMENT OF THE
HOME ON SAID LOT WITH A PLATTED 10' PUBLIC UTILITY EASEMENT, SAID AREA OF
ENCROACHMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at the west corner of the house on said lot and for the west corner of this description, from
which a 5/8" iron rod found, with a plastic cap stamped "Kerr 4052", in the southeast right-of-way line of
Peyton Street(40'ROW),at the west corner of said Lot 23R, being also the north corner of Lot 22, Block 4,
as shown on the plat of Prairie View Heights recorded in Volume 128, Page 5 16, DRBCT (Deed Records of
Brazos County,Texas),bears N 63°12'09-W a distance of 30.77 feet;
THENCE with the northwest line of the home N 42°18'23" E a distance of 1.63 feet to a point at the
intersection of the northwest line of the home and the 10' public utility easement, for the north corner of this
description;
THENCE leaving the northwest line and crossing through the house, with the line of the 10' public utility
easement, S 47°25'27" E a distance of 39.06 feet to a point in the southeast line of the house, for the east
corner of this description;
THENCE leaving the line of the 10' utility easement,along the southeast line of the house S 42°18'23"W a
distance of 1.54 feet to the south corner of the house, for the south corner of this description. from which a
5/8" iron rod found, with a plastic cap stamped"Kerr 4052",at the south corner of said Lot 23R. being also
the east corner of Lot 22,Block 4 of said Prairie View Heights, bears S 32°17'49"E a distance of 32.42 feet;
THENCE with the southwest line of the home,N 47°33'45"W a distance of 39.06 feet to the POINT OF
BEGINNING.There are 62 square feet, more or less,described in these field notes.
The bearing basis for this survey was determined from GPS observations and refers to Grid North. This
description was prepared by Payne Industries, LLC from an on the ground survey performed on May 4,2017
and corresponds to a survey plat referenced as job number 1282-008.
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Page 1 of 1
RESOLUTION NO.07-13-17-2j EXHIBIT"A" Page 8 of 8
`
U?GEND 0 20 40 60
CRBCT OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS — NIIII —
fa, 5/8" IRON ROD FOUND WITH A PLASTIC CAP MI MI Ell INNIMINI I
STAMPED "KERR 4052" OR OTHERWISE NOTED
• 1/2" IRON ROD FOUND
UNLESS OTHERWSE NOTED
-o'° CD )UTILITY POLE, OVERHEAD UTILITY LINE, GUY
—1— CHAIN LINK FEN::E
—II— WOOD FENCE
BSL BUILDING SETBAC:K LINE T
PUE PUBLIC UTILITY EASEMENT , 1 '
6V r,
CONCRETE 'vim 3 t) , < ' S�sR O,f, S
•
4) Q0 /$'1•'et, . t c , / `.F 1.� S3
\, , / F %
O.
si . • 4, 4 4 /\
I t t
c < 1\ 6J.
'R- / LOT 23R \
' �c�'�/ /0.19 ACRES \
` ?s2• P BLOCK 4 \ /
�`� PRAIRE VIEW HEIGHTS
`� REPLAT et: �' J
`� �,� VOL. 1331, PG. 121 ° > ,'
y0/ ORBCT ,�
/
0� 2-STORY o / ,�
BRICK & FRAME R i
\"i} HOUSE / ��
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4../..;IN by
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4 9•'s: I .>\"k .. w P.
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Ase,\ es 4) \ `., /q-+ //�' \ ,ry�ry�
NOTFS 44.43
LOT 22 k 'oo.00).‘y.„).,
�p9,< �� \�\`, / '�/, a.,,I.
J \ �/\ i //` LOT 2R
1. FENCES MEANDER. 'O�., /�
2. BEARINGS, DISTANCES AND AREAS IN PARENTHESIS p�'F�/V /\
ARE FROM RECORD INFORMATION.
3. ACCORDING TO HORIZONTAL SCALING FROM THE
CURRENT F.E.M.A. FLOOD INSURANCE RATE MAP ‘‘ 5/8" CAPPED IRON ROD FOUND
NO. 480410215 F, DATED APRIL 2. 2014, THIS BLOCK 4, a STAMPED "CARLOMAG NO. 1562"
TRACT DOES NOT LIE WITHIN ZONE A OR ZONE AE. PRAIRIE VIEW HEIGHTS
4. THIS SURVEY WAS DONE WITHOUT THE BENEFIT OF VOL. 128, PG. 516 / •
A CURRENT TITLE REPORT AND THIS SURVEYOR
DID NOT RESEARCH THE DEED RECORDS FOR DRBCTZONING $gTBACK_, ZCNE GS
PREVIOUS CONFLICTS IN TITLE OR EASEMENT, a''/ (GENERAL SUBURBAN)
THEREFGRANTED
RE, CEICH ARE
EANOT REF S MAY HAVE BEEN / 25' FRONT
GRANTED W111CH NOT REFLECTED HEREON. 15' ]IDE STREET
5. THE BEARING BASS FOR THIS SURVEY REFERS TO LOT 3 7.5' S'DE
GRID NORTH AND WAS DETERMINED USING GPS 20• REAR
OBSERVATIONS.
LOT 23R, BLOCK 4, REPLAT OF PRAIRIE VIEW ESTATES, VOL. 1331, PAGE 121, ORBCT,
CITY OF COLLEGE STATION BRAZOS COUNTY, TEXAS
T'`'l wa TO BLUESTONE PARTNERS EXCLUSIVELY, AND FOR USE ADDRESS: 616 PEYTON STREET,
r
cG �FT WITH THIS TRANSACTION ONLY: COLLEGE STATION, TEXAS 77840
T� �-f• •;1 I HEREBY STATE TO THE BEST OF MY KNOWLEDGE:
JOB NUMBER: 1282-008 ROT••,,, •, Rip•'.( N TO AT AN ACTUAS LTSURVEY MADE ONCORRECT
THE GROUNDONACCORDING
----.
CLIENT: BLUESTONE PARTNERS ("•,..ERT .. < MAY 04, 2017: THAT ALL CORNERS ARE MONUMENTED \,,-,,:i4, 1 P AY N E
W J0 ••., AS SHOWN HEREON. - I . C, „ G TRIES
DATE: MAY 11, 2017 r•••... NNsjo".i
FIELD CREW: FG, SW t -;•/qt,., ,�,•N , ,.,
OFFICE: RJ, WJ \O FgIOl4' �7
FB/PG: 61/01 _ ---'i ROBERT W. JOHNSTON, .aNo. 5579 :-._ _„,..-,a::,,,,„,