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Home My WebLink About08-11-88-07 - Resolution - 08/11/1988 RESOLUTION NO. 08-11-88-07 '..A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZ- ~- j-.ING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND APPLICANTS, DANIEL R. FESENMAIER AND JULIE FESENMAIER, PER- ~TAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 8, BLOCK 11, SOUTI--I~OOD SECTION 24 (1408 ANGELINA CIRCLE) INTO THE EASEMENT. ~':-. · WHEREAS, the City of College Station has received an appli- ! cation for a license to encroach into a utility easement; and ~ ~EREAS, the City of College Station has enacted Ordinance ~J~;l~':~:[N°' 1~45 regulating' c°ntr°lling and g°verning encr°ach-~:~}:.~,:l:~ments, and .~'~EREAS, 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; and ~WHEREAS, after hearing the application of Daniel R. Fesen- maker and Julie Fesenmaier 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 owners a portion of the structure was constructed in the utility easement. That there are no utilities which would be inter- fered with by the utilization of the property in its present status. That there are no utilities which would ~nterfere with the utilization of the property in its pres- ent status. 4. 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 ~i..-'....~. ~' easement. '~ ',,~ ~. ~...::.-) ' · ' "' ' , ' · "~ ':i~ I' 'k . . ". ~:~:'l ~-.>. .. :,.~.~.._'.: .... ~, , .. ~ / .I 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 fore-:.: seeable future and is similar in use to that of -~" the neighborhood. i!'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 easement through no fault of the present prop- erty owners and that it is not economically feas- ible to remove the part of the structure within the easement area does constitute special circum- stances and conditions affecting the property .', which if not taken into consideration would de- prive the applicants of the reasonable use of their property. ® Tho 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 preser- vation and enjoyment of the substantial property right of the applicants. ! · - 3. The fact that the use of the easement area by the ~ -:!:~:~ ! ~'~." property owners does not interfere with the utili- ~"~L~ ~-~ ties or access to the utilities and is not detri- ~...~i~?~'" mental to the public health, safety or welfare or {::~(X ~]:~ '~; injurious to (,thor property in the area. ,?~'-:j~EREAS, the applicants agree to accept the terms of the ~ ~'~.'~,;~ license agreement as presented to them. ~.~ ~.That the. Mayor is hereby,authorized, to execute on behalf of ~ ~_,~.. the City of College Station a L~cense Agreement with ~'~ ~. :-~Daniel R. Fesenmaier and Julia Fesenmaier pertaining to the.'~~) / ....-~ ': :' - 2 - ' ~- ~' ~1~ X: ' .!:;~A%~ " '~. :i~ ..... t," .;i ..... t" .~ :;1~ '" ~' '~'"t;'""* t ," '~" ~'" ..... ~%%" '"'*..'- - -% -~:' encroachment of a [x)rtion of a structure located at Lot 8, Block 11, Southwood Section 24, 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 incorpor- ated herein by reference for all purposes. II. That this resolution shall be effective immediately upon adopt ion. PASSED and APPROVED this the llth day of August, APPROVED: ATTEST: , / City S e c~j~ THE STATE OF TEXAS COUNTY OF BRAZOS LICENSE AGREEMENT * KNOW ALL MEN BY THESE PRESENTS~ That the City of College Station (hereinafter referred to as "LICENSOR"), acting through the undersigned offlclal who is so empowered by resolution of the City Council to so act in consid- eration of the agreement made here~n by DANIEL R. FESENMAIER, and wife JULIE FESENMAIER (hereinafter referred to as "LICENSEE"), owners of Lot 8, Block 11, Southwood Section 24 [1408 Angellna Circle), according to the plat recorded in Volume 308, Page 407, of the Deed Records of Brazos County, Texas, hereby grants a l~- cerise to the sa~d LICENSEE to permit a portion of the structure located at Lot 8, 81ock ll, in the Southwood Section 24 (1408 Angellna C~rcle), xn the C~ty of College Station, Texas, to en- croach 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 zmprovements shall be at all times under and not ~n con- tact with any electric, water, sewer, or other utility, or equip- ment, or ~nterfere ~n any way with such utility, including any drainage structures which are servicing the Improvements and oth- er property, and subject to the following terms and cond~tlons; Nelther the granting of the license, nor any related permit, constitutes an abandonment by LICENSOR of ~ts 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 l~cense that LICENSEE neither asserts nor claims any interest or right of any type or nature whatso- ever, legal, equitable or otherwise in or to LICENSOR's property. LICENSEE hereby expressly convenants, stipulates and agrees, without limitation, to Indemnify and defend the LICENSOR and hold xt harmless from any and all llabll~ty, claim, cause of action, and cost, ~ncludlng attorneys' fees, and including any acts or omissions of the LICENSOR, 1ts officers, agents, and employees, which may grow out of or be attributable to the granting by the LICENSOR of sa~d license and any supplemental license which may hereafter be ~ssued zn connection herewith Including any lnspec- t~ons which may be conducted in connection with or pursuant to said license or any supplemental l~cense. LICENSEE, at its own expense, shall restore or cause to be restored the subject property to as good as condition as existed prior to construction of the improvements whzch are the subject of this License Agreement. LICENSEE shall pay all costs of relo- cation of any public utilities or facilities which may be ~ncur- red as a result of the proposed construction or actual construc- tion. LICENSEE agrees to comply w~th all laws and ordinances the construction and maintenance of said improvements. LICENSOR retazns the r~ght, but not the obligation, to enter upon the land to which this license applies and at LICENSEE'S ex- pense to remove any structure or improvements or alterations thereon upon the determ~natxon by LICENSOR that such removal ~s necessary for exercising LICENSOR's rights or duties xn regard to said easement, or for protecting persons or property, or public interest in regard to said easement. This l~cense, until its expiration Or revocat=on, shall run with the title to the above described real property, and the terms and conditions hereof shall be b~ndi~g upon subsequent own- ers or holders thereof. LICENSEE shall cause any immed=ate suc- cessors in =nterest to have factual not=ce of th=s L=cense Agree- ment. Th=s license shall expire automat=cally upon removal of the improvements located upon the property pursuant to th=s license, and shall exp=re as to any port=on of said =mprovements upon the removal, whether or not all of the proposed ~mproveme~ts are moved. Thls license ~s revocable by the LICENSOR upon the occur- rence of any of the following conditions or events: A. LICENSEE or 1ts successors has fa=led to comply w=th the terms of the granting of the l~cense; or B. The =mprovements located thereon or any port=on of them interfere with the r=ghts of the bICENSOR or the public =n or to LICENSORts property; or C. The use of the l~censed area becomes necessary for a publ=c purpose~ or D. Said ~mprovements or a port=on of them constitute a dan- gar to the publ=c which is not remediable by maintenance or alteration of the sa~d ~mprovements; or E. Sa=d ~mprovements or a portion of them have expanded be- yond the scope of the 1=cease; or F. Ma=ntenance or alteration necessary to alley=ate danger to the public has not been made w=thin a reasonable t=me after the dangerous condltion has arxsen. This l=cense shall be effect=ye upon the acceptance of the terms hereof by the LICENSEE, as indicated by the slgnature of LICENSEE. Th=s l=cense shall be filed of record =n the Off=c~al Rec- ords of the County Clerk of the Brazos County Courthouse. APPROVED this the __ day of , 1988. APPROVED: LICENSEE LICENSEE ATTEST City Se~ry CITY OF COLLEGE STATION, LICENSOR ,9.6835 STATE OF TEXAS ) ) COUNTY OF BRAZOS ) ACKNOWLEDGMENT This Instrument was acknowledged before me on the ~ day of ~6~,{~' , 1988, by MAYOR LARRY RINGER, as Mayor of the City ~f College Statxon, a Texas Munzc~pal Corporation, on behalf of saxd Corporatxon. ~'ta%~ Publxc Xn and ~o~ ~he.~tate of T E X A S ~nted Name: ~ Sc~ My Comm. Exp.: ~-F~O STATE OF TEXAS ) ) COUNTY OF BRAZOS ) ACKNOWLEDGMENT Thls xnstrument was acknowledged before me on the day of · 1988, by DANIEL R. FESENMAIER. Notary Public xn and for the State of T E X A S Prlnted Name: My Comm. Exp.: STATE OF TEXAS ) ) COUNTY OF BRAZOS } Thxs xnstrument was acknowledged before me on the , 1988, by JULIE FESENMAIER. ACKNOWLEDGMENT __day of Notary Public in and for the State of T E X A S Pr/nted Name: My Comm. Exp.: FIELD NOTES l#Og ^ngehna C~rcJe ^ description of the encroachment of part of a one story house located at 1~$ ^ngehna Circle, Iy,n§ within Lot 8 BJocl¢ Il, SOUTH~/OOD SECTION 2~, on a 20' wide ut,hty easemen lying across Lots 7 and 8 and being further described as follows-' COMMENCINC at a found iron in the southerly right-of-way line of AngeJina Circle for the common corner o! LOtS 7 and 8; THENCE S ~.[~O&~7" E along the common line o! Lots 7 and 3 for the cen£erhne of said ~0' wide Utility Easement a distance of 3c).30'; THENCE S ~.8°51'53" W a distance of 9.30' to a corner in the northeasterly line of said house for the POINT OF BEGINNING of encroachmentl THENCE S ~9°1S'20'' W along said house a distance o! 0.7'; THENCE S ~J'08~)7" E along the southwesterly JJne of said 20' wide utJhty easement across said house a distance o! t3.00'; THENCE along said house the following calls: N ~,9°tg'20'' E a distance o~ O.6'; N #0°qJ'~'' ~ a distance o[ [3~00' to the POINT OF BEGINNING of encroachr~en[ and containing 8.5 square feet more or less lying within said 20' wide utility ea,sement Exhibz ~ "A" 06857