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HomeMy WebLinkAbout01-11-01-10.09 - Resolution - 01/11/2001RESOLUTION NO. o1-11-o1-1o. 09 A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A LICENSE AGREEMENT BETWEEN TIlE CITY OF COLLEGE STATION AND APPLICANT, 301 CHURCH AVENUE, L.P., PERTAINING TO THE ENCROACHMENTS OF STRUCTURES AT TWO SEPARATE LOCATIONS WITHIN LOT 1, BLOCK 6-7, W.C. BOYETT ESTATES PARTITION, MORE COMMONLY KNOWN AS THE TRADITIONS DORMITORY, INTO A DEDICATED ELECTRICAL EASEMENT. WHEREAS, the City of College Station, has received an application for a license to encroach into an electrical 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 301 CHURCH AVENUE, L.P., to encroach into the electrical easement at two separate locations, the City Council of the City of College Station, finds the following facts: Through no fault of the present property owner, portions of the structures will be constructed in the electrical 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 interfere with the utilization of the property in its present status. That the structures intrude into the easements to such a degree that it is not economically feasible to remove the parts of the structures within the easement. 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 structures will be constructed within the electrical ease- ment through no fault of the present property owner and that it is not economically feasible to remove the parts of the structures within the easement areas does constitute special circumstances and conditions af- fecting the property which if not taken into consideration would deprive the applicant of the reasonable use of its property. js/c/m, vdoc~/encroach/traditionsreso, doc 8/$1/00 Resolution No. 01-11-01-10.09 Page 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 parts of the structures 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 use of the easement areas 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 WHEREAS, the applicant agrees to accept the terms of the License Agreement as presented to it; 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 301 CHURCH AVENUE, L.P., pertaining to the encroachment of portions of structures at two separate locations within Lot 1, Block 6-7, W.C. Boyett Estates Partition, more commonly known as the Traditions Dormitory, into the electrical easement. The terms of said License Agreement are as set forth in the form, which is attached hereto as Appendix A" and incorporated herein by reference for all purposes. That this resolution shall be effective immediately upon adoption. PASSED and APPROVED this 1 Ich day of January ,2001. ATTEST: APPROVED: Lynn McIlhaney, Mayor 0L APPROVED: ¢, City Attt;mey js/c/mydocs/ancroach/traditionsr~so, doc 8/3 !/00 LICENSE AGREEMENT THE STATE OF TEXAS * COUNTY OF BRAZOS * K2qOW ALL MEN BY THESE PRESENTS: That the City of College Station (hereinafter refe~ed to as "LICENSOR'S, acling though the under~ed official who is so empowered by resolution of the City Council to so act in consideration of the s~eement made herein by i;01 CHURCH AVENUE, L.P. (hereinafter sefen'ed to as "LICENSEE'S, owner of Lot 1, Block 6-7, W.C. Boyett Estates Partition, College Station, Texas, according to the plat ~eco~:led in Volume 100, Page 440 of the Deed Recoils of Brazos County, Texas, hereby gnmts a license to the said LICENSEE to permit portions of structures located on a portion of Lot 1, Block 6-'/, Boyett Estates Partition, College Station, Texas, to encroach upon an electrical easement at two separate locations, as shown on Exh~its "A" and 'rB" att ' ' · ached hereto and incorporated hezem by ~efe~nce for all puzposes, 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 othe~ utility, or equipment, or interfere in any way with such utility, including any d~alnsge structures which ase servicing the improvements and othe~ property, and subject to the following terms and conditions: Neither the g~anling of the license, nor any misted pennlt, constitutes an abandonment by LICENSOR of its property, easement or easements, or any other ~bts in and to the above- described property. LICENSEE expressly stipulating and st~-eing by LICENSEE's acceptance of this license that LICENSEE neither asse~ts nor cl~i,~s any interest or ~ht of any type or nature whatsoever, legal, equitable or otherwise in or to LICENSOR's p~operty. LICENSEE hereby expressly covenants, stipulates and s~'ees, without limitation, to indemnify and defend the LICENSOR and hold it hannless f~m any and all liability, claim, cause of action, and cost, including attorneys' fee, and including any acts or omissions of the LICENSOR, its office~s, agents, and employees, which may grow out of or be atLr~utable to the g~anting by the LICENSOR of said license and any supplemental license which may hereafter be issued in connection he,with 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 ~esto~e or cause to be restored the subject propexty to as good a condition as existed p~ior to construction of the improvements which a~e the subject of this License Ai~x'ement. LICENSEE shall pay all costs of ~elocafion of any public ufilitles or facilities that may be incun~l as a ~esult of the p~oposed construction or actual construction. LICENSEE agrees to comply with all laws and o~linances in the construction and maintenance of said improvements. LICENSOR setains the right, but not the obligation, to enter upon the ]and to which this license plies and at LICENSEE's expense to move any structure or improvements or alterations eykon upon the determination by LICENSOR that such ~emoval is necessary for exercising LICENSOR's ~hts or duties in ~egs~d to said easement, or for protecting pemons or p~pe~ty, or public interest in ~egsed to said easement. This license, until its expiration or ~evocation, shall mn with the title to the above-described ~eal p~operty, and the temzs and conditions he~eof shall be binding upon subsequent owners or holders the~eo£. LICENSEE shall cause any immediate successo~ in interest to have factual notice of this License Agreement. This l/cense shall expise automatically upon ~emoval of the improvements located upon the property pursuant to this license, and shall expire as to any portion of said improvements upon the ~emoval, whether or not sn o£the proposed improvements s~e removed. This license is xevocable by the LICENSOR upon the occurrence of any of the follov,~g conditions or events: LICENSEE or its successors or assigns have failed to comply with the tenns of the granting of the license; or The hnpmvements 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 APPENDIX A Said improvements or portions of them constitute a danger to the public which is not remediable by maintenance or alteration of the saki improve- ments; or Said improvements or poi~dons of them have expanded beyond the scope of the license; or Maintenance or alteration necessary to alleviate danger to the public has not be. en made within a reasonable time after the dangerous condition has 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 Coup. house. APPROVED this the day of ,2001. APPROVED: 301 CHURCH AVENUE, L.P. LICENSEE APPROVED: CITY OF COLLEGE STATION, LICENSOR BY: THOMAS KIRKLAND, President BY: LYNN MclLHANEY, Mayor ATTEST: CONNIE HOOI~, City Secretary STATE OF TEXAS ) ) COUNTY OF BRAZOS ) CORPORATE ACKNOWLEDGMENT This instrument was acknowledged before me on the __ day of September, 2000, by LYNN McILHANEY, 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 T E X A S STATE OF TEXAS ) ) COUNTY OF BRAZOS ) CORPORATE ACKNOWLEDGMENT This instrument was acknowledged before me on the day of September, 2000, by THOMAS KIRKLAND, as President of 301 CHURCH AVENUE, L.P., on behalf of said ps~tne~ship. Notary Public in and for the State of Texas j~la: hr~ do~a~nt~no'oaeb ~aditio~w l.do~ 01/03/2001 -2- JAN-03-2001 NED 09:22 aM C,S. PUBLIC NORKS FaX NO, 9797643489 P, 02 I " Exhibit A/1 ENCROACHMI~NT NO. ONE METES AND BOUNDS DESCRIPTION OFA I404.6 SQUARE FOOT TRACT PORTION OF BLOCK 6-7 W. C. BOYETT ESTATE PARTITION COLLEGE STATION, BRAZOS COUNTY, TEXAS , METES AND BOUNDS DF. SCRIPTION OF AIJ, THAT CERTAIN TRACT OF LAND LYING AND BI~ING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF BLOCK 6-7, W. C. BOYETT ESTATES PARTITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 100, PAGE 440 OF THE DERD RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING AN OVERLAPPING PORTION OF A PROPOSED 5 STORY DORMITORY AND A PROPOSED 20 FOOT WIDE ELECTRICAL EASEMENT TO BE DEDICATED BY PLAT. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 2 INCH HEXAGON IRON PIPE FOUND ON THE NORTHEAST RIGHT-OF-WAY LINE OF BOYETT STKF. ET (50' R.O.W.) MARKING THE COMMON CORNER OF SAID BLOCK 6-7 AND LOT 1, BLOCK 20, W. C. BOYETT ESTATE PAP, TIT[ON (100/440), FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE SOUTHWEST RIGHT- OF4VAY LINE OF SECOND STREET BEARS: N42° 32' 39'.' E FOP,, A DISTANCE OF 215.00 FEET AND AN "X" FOUND IN CONCRETE ON THE NORTHEAST LINE OF BOYETT STREET BEARS: S 43~ 55' 03" E FOR A DISTANCE OF 535.92 FEET; TIIENCE: N 42° 32' 39" E ALONO THE COMMON LINE OF SAID BLOCK 6-7 AND LOT 1, BLOCK 20, FOR A DISTANCE OF 2.08 FEEl' TO A POINT ON THE NORTHEAST LINE OF A PROPOSED VARIABLE WIDTH PUBLIC UTILITY EASEMENT (ALSO TO BE DEDICATED BY PLAT); THENCE: S 45° 29' 01" E THROUGH SAID BLOCK 6-7 AND ALON(] THE NORTHEAST LINE OF SAID PROPOSED VARIABLE WIDTH EASEMENT FOR A DISTANCE OF 253.02 FEET TO A POINT ON TIiE NORTHWEST LINE OF SAID PROPOSED 20 FOOT WIDE EASEIVI~T; THENCE: N43° 14' 58" E ALONO THE NORTHWEST LINE OF SAID PROPOSED 20 FOOT WIDE EASEMENT FOR A DISTANCE OF 7.43 FEET TO A POINT ON THE SOUTHWEST LINE OF SAID PROPOSED DORMITORY MARKING THE POINT OF BEGINNING OF TIqIS HEREIN DESCRIBED TRACT; , THENCE: N 43° 14' 58" E CON. TINU1NG ALONO THE NORTHWEST LINE OF SAID PROPOSED 20 FOOT ~VIDE EASEMENT FOR ADISTANCE OF 70.24 FEET TO A POINT ON I JAN-03-2001 WED 09:23 AH O.S, PUBLIO WORKS FAX NO. 9797843489 ENCROACHMENT NO. ONE THE NORTHEAST LINE OF SAID PROPOSED DORMITORY, SAID POINT BEING IN A COUNTERCLOCKWISE CgRVE HAVING A RADIUS OF 1474.39 FEET; THENCE: ALONG THE NORTI-IEAST LINE OF SAID PROPOSED DORMITORY AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 46' 38" FOR AN ARC DISTANCE OF 20.00 FEET (CHORD BEARS: S 45° 59' 42" E - 20.00) TO A POINT ON THE SOUTI-IEAST LINE OF SAID PROPOSED 20 FOOT WIDE EASEMENT; ' THENCE: S 43° 14' $$"'W ALONG THE SOUTHEAST LINE OF SAID PROPOSED 20 FOOT WIDE EASEMENT FOR A DISTANCE OF 70.23 FEET TO A POINT ON TI-IE SOUTHWEST LINE OF SAID PROPOSED DORMITORY, SAID POINT BEING IN A CLOCKWISE CURVE HAVING A RADIUS OF 1554.79 FEET; THENCE: ALONG THE SOUTHWEST LINE OF SAID PROPOSED DORMITORY AND ALONG SAID CLfRVE TI-H~OUGH A CENTRAL ANGLE OF 00° 44' 14" FOR AN ARC DISTANCE OF 20.00 FEET (CHORD BEARS: N 46~ 01' 33~ W - 20,00) TO TI-IE POINT OF ~ CONTAINING 1404.6 SQUARE FEEl' OF LAND MORE OR LESS, BEARING ORIENTATION SHOWN I-I~REIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. SEE PLAT PREPAP~-D OCTOBER, 2000, FOR MORE DESCRIPTIVE INFORMATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D './WORK/MAB/00-0892C. MAB REVISED 10-13-00 P, 03 / JAN-03-2001 WED 09:29 AM O.S, PUBLIC WORKS FA× NO, 9797643489 P, 04 JAN-03-2001 WED 09:23 AM C.S. PUBLIC WORKS FAX NO, 9797643489 P. 05 Exhibit A/2 BNCKOACKIViENT NO. TWO METES AND BOUNDS DESCRIPTION OF A 1444 SQUARE FOOT TRACT PORTION OF BLOCK 6-7 W. C. BOYETT ESTATE PARTITION COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TP, ACT OF LAND LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF BLOCK 6-?, W. C. BOYE'fT ESTATES PARTITION, ACCORDING TO TILE PLAT RECORDED IN VOLUME. 100, PAGE 440 OF TI-[E DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING AN OVERLAPPING PORTION OF A PROPOSED 5 STORY DORMITORY AND A PROPOSED 20 FOOT WIDE ELECTRICAL EASEMENT TO BE DEDICATED BY PLAT. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METF.~q AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHWEST RIGHT-OF- WAY ~ OF SECOND STREET (40'R.O.W.) MARK[NO THE. COMMON CORNER OF SAID BLOCK 6-7 AND LOT 8, BLOCK 20, W. C. BOYETT ESTATE PARTITION 000/440), FOR REFERENCE A 9_ INC£-.t HEXAGON IRON PIPE FOUND ON THE NORTHEAST R/GIlT-OF- WAY LINE OF B OYETT STREET (50' R.O.W.) MARKING TI IE COMMON CORNER OF S AID BLOCK 6-7 AND LOT l, BLOCK 20, BEARS: S 42° 32' 39" W FOR A DISTANCE OF 215.00 FEET; THENCE: S 48° 43' 31' E ALONG THE SOUTHWEST LINE OF SECOND STREET FOR A DISTANCE OF 228.69 FEET TO A POINT MARKING THE NORTH CORNER OF SAID PROPOSED EASEMENT, FOR REFERI~NCE A 5/g INCH IRON ROD FOUND ON THE SOUTIIWEST LINE OF SECOND STREET BEARS: S 45° 43' 31' E FOR A DISTANCE OF 94.46 FEET; THENCE: S 21° 04' 27" W THROUGIt SAID BLOCK 6~7 AND ALONG THeE NORTHWEST LINE OF SAID PROPOSED EASEMENT FOR A DISTANCE OF 19,45 FEET TO A POINT ON THE NORTHEAST LINE OF SAID PROPOSED DORMITORY MARKING TI-IF. POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACt, SAID POINT BEING IN A CLOCKWISE CURVE HAVING A RADIUS OF 1544.67 FEET; TIIENCE: ALONG THE NORTHEAST LINE OF SAID PROPOSED DORMITORY AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 46' 47" FOR AN ARC DIS. TANCE OF 21.02 FEET (CHORD BEARS: S ~0° 51' 45" E - 21.02) TO A POINT ON THE SOUTHEAST LINE OF SAID PROPOSED EASEMENT; JAN-03-2001 WED 09:24 A~ C.S. PUBLIC WORKS NO, 9797843489 BNCROACI-[MENT NO. TWO THENCE: S 21° 04' 27" W ALONG THE SOUTHEAST LINE OF SAID PROPOSED EASEMENT FORADISTA~. CE OF 32.49 FEET TO AN ANGLE POINT IN SAID SOUTHEAST LINE; THENCE: S 32" 57' 54" W CONTINUING ALONG THE SOUTHEAST LINE OF SkID PROPOSED EASEMENT FOR A DISTANCE OF 39.71 FEET TO A POINT ON THE SOUTHWEST LINE OF SAID PROPOSED DOKIViITORY, SAID POINT BEING IN A COUNTERCLOCKWISE CURVE HAVING A I~%DIUS OF 1474.39 FEET; THENCE: ALONG THE SOUTHWEST LI'NE OF SAID PROPOSED DORJvflTORY AND ALONO SAID CURV]3 THROUOH A CENTRAL ANOLE OF 00° 46' 57" FOR AN ARC DISTANCE OF 20.13 FEET (CHORD BEAle. S: N 50° 24' 39" W - 20.13) TO A POINT ON THE NORTHWEST LINE OF SAID PROPOSED EASEMENT; THENCE: N 32" $7' 54" E ALONG TH]! NORTHWEST LINE OF SAID PROPOSED ]~ASEMENT FOR A DISTANCE OF 35.31 FEET TO AN ANGLE POINT IN SAID NORTHWEST LINE; THENCE~ N 21° 04' 27" E CONTINUINO ALONO THE NORTHWEST LINE OF SAID PROPOSED EASEMEN"r FOKA DISTANCE OF 36.88 FEET TO TI-I~ P_O1NT._OF BEC, INNING CONTAINING 1444 .SQUARE FEET OF LAND MORE OR LESS. BEARING ORIENTATION SHOWN HERF. IN IS BASED ON GRID NORTH AS ESTABLISI-IED FROM OPS OBSERVATION. SEE PLAT PREPARED OCTOBER, 2000, FOR MOPE DESCRIPTIVE INFORMATION. BRAD KERR REOIS~ PROFESSIONAL LAND SURVEYOR No. 4502 D'.AVORK/MAB/00..0892 D. MAB REVISED IOq3-O0 P, 06 JAN-03-2001 WED 09:24 AM C.S. PUBLIC WORKS FAX NO, 9797843489 P, 07