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Home My WebLink About07-14-94-2.5 - Resolution - 07/14/1994q so[ution NO. 7-14-94-2.5 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, DANIEL F. MACGILVRAY, PER- TAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOTS 7 AND 8, BLOCK 11, THE KNOLL ADDITION, MORE COMMONLY KNOWN AS 1104 GLADE, COLLEGE STATION, TEXAS, 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 Daniel F. MacGilvray 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 por- tion of the structure was constructed in the utility easement. 2. That there are no utilities that would be interfered with by the utilization of the property in its present status. 3. That there are no utilities that would interfere with the utili- zation of the property in its present status. 4. That the structure intrudes into the easement in such a way 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: Resolution No. 7-14 - 9 4- 2.5 Page 2 The fact that the structure was constructed within the ease- ment 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 taken into consideration would deprive the applicant of the reasonable use of his 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 preservation and enjoyment of the substantial property right of the applicant. 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 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: That the Mayor is hereby authorized to execute on behalf of the City of College Station a License Agreement with DANIEL F. MACGILVRAY pertaining to the encroachment of a portion of a structure located at Lots 7 and 8, Block 11, the Knoll Addition, more commonly known as 1104 Glade, 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 incor- porated herein by reference for all purposes. II. That this resolution shall be effective immediately upon adoption. PASSED and APPROVED this ~,~-h day of July, 1994. Connie Hooks, City Secretary APPROVED: 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 undersignedofficial who is so empowered by resolution of the City Council to so act in consideration of the agreement made herein by DANIEL F. MACGILVRAY (hereinafter referred to as "LICENSEE"), owner of part of Lots 7 and 8, Block 11, the Knoll Addition, more commonly known as 1104 Glade, College Station, Texas accord- ing to the plat recorded in Volume 140, Page 458, of the Official Records of Brezos County, Texas, hereby grants a license to the said LICENSEE to permit a portion of the structure located at Lots 7 and 8, Block 11, the Knoll Addition, more commonly known as 1104 Glade, City of College Station, Texas, to encroach upon the easement owned and occupied by the City of College Station, Brezos County, Texas, but such improvements shall be at all times above or under and not in contact with any electric, water, sewer, or other utility, or with any 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 thegranting 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 inter- est 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 supple- mental 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 agrees to comply with all laws and ordinances in the construction and maintenance of any improvements to the encroaching structure and in the construction of any new structure located in the subject encroachment. 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 Ilglders thereof. LICENSEE shall cause any immediate suc- cessors in interest to have factual notice of this License Agreement. This license shall expire automatically upon removal of the existing improvements located upon the property pursuant to this license and shall expire as to any portion of .said improvements upon the removal of that portion, whe{her or not all of the proposed ~mprovements are removed. This license is revocable by the LICENSOR upon the occurrence of any of the following conditions or events: LICENSEE or his heirs, executors and administrators, have 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 C. Said improvements or a portion of them have expanded beyond 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 LICEN- SEE, as indicated by the signatures of LICENSEE. EXHIBIT A This license shall be filed of record in the Official Records of the County Clerk of the Bmzos County Courthouse. day of APPROVEDthis the APPROVED: LICENSEE ,1994. APPROVED: LICENSOR, CITY OF COLLEGE STATION, DANIEL F. MACGILVRAY BY: MAYOR LARRY RINGER ATTEST: Connie Hooks, City Secretary STATE OF TEXAS ) ) COUNTY OF BRAZOS ) ACKNOWLEDGMENT This instrument was acknowledged before me on the day of 1994, by MAYOR LARRY RINGER, as Mayor'~-~-the dity of College Station, a Texa~ Municipal Corporation, on behalf of said Corporation. Notary Public in and for the State of T E X A S STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS This instrument was acknowledged before me on ,1994, by DANIEL F. MACGILVRAY. the day of Notary Public in and for the State of T E X A S -2-