HomeMy WebLinkAbout07-14-94-2.6 - Resolution - 07/14/1994q so[ution
NO. 7-14-~4-2.6
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHO-
RIZING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXE-
CUTE A LICENSE AGREEMENT BETWEEN THE CITY OF COLLEGE
STATION AND APPLICANTS, TOBY SELCER AND MARY SELCER,
PERTAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED
AT LOT 18, BLOCK 5, SPRINGBROOK-OAKGROVE, MORE COM-
MONLY KNOWN AS 1610 CARDINAL LANE, 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 Toby Selcer and Mary Selcer
to encroach into the easement, the City Council of the City of College
Station, finds the following facts:
Through no fault of the present property owner, a portion of
the structure was constructed in the utility 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 uti-
lization of the property in its present status.
That the structure intrudes into the easement to such a de-
gree that it is not economically feasible to remove the part of
the structure within the easement.
o
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 structure was constructed within the ease-
ment through no fault of the present property owners and
that it is not economically feasible to remove the part of the
Resolution No. 7-14-94-2.6
Page 2
structure within the easement area does constitute special
circumstances and conditions affecting the property which if
not taken into consideration would deprive the applicants of
the reasonable use of their 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 applicants.
The fact that the use of the easement area by the property
owners 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 applicants agree to accept the terms of the License
Agreement as presented to them;
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 Toby Selcer and Mary Selcer
pertaining to the encroachment of a portion of a structure located at Lot
18, Block 5, Springbrook-Oakgrove, more commonly known as 1610
Cardinal Lane, 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.
I1.
That this resolution shall be effective immediately upon adoption.
PASSED and APPROVED this 14th day of
ATTEST:
C6nnie Hooks, City Secretary
July , 1994.
APPROVED:
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 TOBY SELCER and IVlARY
SELCER (hereinafter referred to as "LICENSEES"), owners of Lot 18, Block 5, Spring-
brook-Oakgrove, more commonly known as 1610 Cardinal Lane, College Station,
Texas according to the plat recorded in Volume 1833, Page 33, of the Official Records
of Brazos County, Texas, hereby grants a license to the said LICENSEES to permit a
portion of the structure located at Lot 18, Block 5, Springbrook-Oakgrove, more
commonly known at 1610 Cardinal Lane in the City of College Station, Texas, to
encroach upon the easement, as shown on Exhibit "A" attached hereto and incor-
porated herein by reference for all purposes, owned and occupied by the City of
ollege 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 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. LICENSEES expressly stipulating and agreeing by LICEN-
SEES' acceptance of this license that LICENSEES neither assert nor claim any interest
or right of any type or nature whatsoever, legal, equitable or otherwise in or to LICEN-
SOR's property.
LICENSEES hereby expressly covenant, stipulate and agree, 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.
LICENSEES, at their 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. LICENSEES shall pay all costs of
relocation of any public utilities or facilities which may be incurred as a result of the
proposed construction or actual construction.
LICENSEES agree 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 and to wh ch th s
licen..se a.p. plies..and at LICENSEES' expense to remove any structure or mprovements
or a~mrafions mereon upon the determination by LICENSOR that such remova is
necessary for exercising LICENSOR's rights or dubes in regard to sa d 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. LICENSEES 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 improvements located upon
the property pursuant to this license, and shall expire as to any portion of said improve-
ments 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. LICENSEES or their heirs, executors and administrators, 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 LICEN-
SEES, as indicated by the signatures of LICENSEES.
The license shall be filed of record in the Official Records of the County Clerk of the
Brazos County Courthouse.
APPROVED this the day of ,1994.
APPROVED: APPROVED:
TOBY SELCER, LICENSEE
MARY SELCER, LICENSEE
CITY OF COLLEGE STATION,
LICENSOR
BY:~
ATTEST:
Connie Hooks, City Secretary
STATE OF TEXAS )
)
COUNTY OF BRAZOS )
ACKNOWLEDGMENT
This instrument was acknowledged before me on the ~ day of
,1993, by MAYOR LARRY RINGER, 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 )
This instrument was
ACKNOWLEDGMENT
acknowledged before me on the
,1993, by TOBY SELCER and MARY SELCER.
day of
Notary Public in and for
the State of T E X A S
-2-
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Field Notes
1610 Cardinal Lane
A description of The encroachment of part o! a one-story house lo'cared az 1610 Cardinal Lane,
on a variable width public utility easement, lying within Lot 18, Block Five, SPRINGBROOK-
OAKGROYE, Addition to zhe City of College Station, Brazos Counzy, Texas, according to the
plat recorded m Volume 1833, page 33, Official Records of said county and being further
described ~s follows:
COMMENCING at a found ti2" iron rod and plastic cap stamped R.P.L.S., No. lt~Tfi, for the
most west.erly corner ot said Lot 18, marking zhe soulhwesterly terminus o! the southeasterly
righ~-oI-way hne of 50' w~de Cardinal Lane;
THENCE I'~ t~)°~8't~3" E along said Cardinal Lane line, a distance ol 15.00';
THENCE along The northeasterly line of said variable width pubhc utility easement the iollowmg
calls:
S t~t~Ol 1'17" E a distance of 68.t~1';
S ~6'22'2t~" E a distance of 2.2.2' to the point of ~ntersect~on with the southwesterly
~,all of said one-~tory house for the POINT OF BEGINNING of encroachment;
5~6022'2t~'' E, across said house, .a distance o:[ 15.16';
-HENCE along said house the following calls:
S t~°~2'28" '~/ a dAstance oI 0.~9';
N tt~°07'32'' W a d~stance of 1~.15' to the POINT OF BEGINNING of encroachment
and containing t~.§ square feet more or less lying within said public utility easement.
3une 13, 199~
EXHIBIT A- Page I
60 O0 I~
MacAr;hu.' Sutvcy~ thC,
p.O. ~ox
Bryan, Texas 771~0~
14
Lot Efghteen (lg), ~lock F ;e (~), 5PRI~GBROO~.OAKGROV~, ~r, a~d~:lor, ~o :r,e
pa~e 33, O~fJcr~l Recora~ oJ bra4o~ Counlyr Texa~.
3ur,~ 7, 199t,.
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th~ pi'Opetty doe:; ito: lie '~'lrh,n ,s dc~.&r, atco Irj0-ye&r !looc~ urea.
EXHIBIT A - Page 2