HomeMy WebLinkAbout1988V94P52 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 consid-
eration of the agreement made herein by SPEARMAN, SEARS & MURPHY
PARTNERSHIP ( hereinafter referred to as "LICENSEE" ) , owner of
Chatham Place Apartments, according to the plat recorded in Vol-
ume 358, Page 295, of the Deed Records of Brazos County, Texas,
hereby grants a license to the said LICENSEE to permit a swimming
pool on a portion of Lot 2 , Block 1 , Parkway Plaza Phase III
Addition to the City of 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 LICENS-
EE ' 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 convenants, 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' fees, 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 inspec-
tions which may be conducted in connection with or pursuant to
said license and any supplemental license .
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 which are the subject
of this license agreement. LICENSEE shall pay all costs of relo-
cation of any public utilities or facilities which may be incur-
red as a result of the proposed construction or actual construc-
tion.
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 ex-
pense to remove any structure or improvements or alterations
thereon upon the determination by LICENSOR that such removal is
necessary for exercising LICENSOR' s rights or duties in regard
to said easement, or for protecting persons or property, or pub-
lic interest in regard to said easement.
Vr
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y.,
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
owner 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 occur-
rence of any of the following conditions or events :
A. LICENSEE or its successors has 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 mainte-
nance 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.
This license shall be filed of record in the Official
Records of the County Clerk of the Brazos County Courthouse.
PASSED, ADOPTED and APPROVED this the / day of
(-2;fe E , 1988 .
h APPROVED:
SPEARMAN, SEARS & MURPHY
PARTNERSHIP , Licensee,
K12,11
BY: l
FRANK L. MURPHY
Managing Partner
CITY OF COLLEGE STATION,
LICENSOR,
I-
ATTEST: BY: _
LAR" RD G ° ,ay —
AGMN—LA
City Secy
- 2 -
y
STATE OF TEXAS
* ACKNOWLEDGMENT
COUNTY OF BRAZOS *
This instrument was acknowledged before me on the (.,2.4"t'�- day
of (c/14,ce , 1988 , by FRANK L. MURPHY , as Managing Partner
of Spear an, Sears & Murphy Partnership, on behalf of said part-
nership. 2
7
Jrfe,r,ver4;-4
•ta•y Public in and fgr
the TATE OF TEXAS
' nted Name: SAN SC Ft(ti'��Tz
My Comm. Exp. : Lf- g-civ
STATE OF TEXAS
* CORPORATE ACKNOWLEDGEMENT
COUNTY OF BRAZOS *
This instrument was acknowledged before me on the ��?"lft
day of (7. e , 1988 , by Larry Ringer, as Mayor of the
City of College Station, on behalf of said City.
l ,i'
-Q-LL .1(- 6cI--a/44
Notar Public in and Or
the TATE OF TEXAS
P k ted Name: jAN SCIkA)PfeT2
My Comm. Exp. : 4- SR_91
- 3 -
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FIELD NOTES
POOL ENCROACHMENT
on a
Portion of Lot 2,• Block 1
PARKWAY PLAZA PHASE III ADDITION
College Station, Texas
Being ,all that certain tract or parcel of land lying and being
situated in the CRAWFORD BURNETT LEAGUE, A-7, in College Station,
Brazos County, Texas and being a portion of Lot Two (2), Block
One (1) of PARKWAY PLAZA PHASE III Addition as recorded in Volume
358, Page 295 of the Deed Records of Brazos County, Texas and
being more particularly described by metes and bounds as follows:
COMMENCING: at a i-inch iron rod set for the common most
northerly corner of Lots One (1) and Two (2) of said Block One
(1) of PARKWAY PLAZA PHASE III Addition;
THENCE: S 63° 34' 25" E along the northeast line of said Lot Two
(2) for a distance of 30.41 feet;
THENCE: S 26° 25' 35" W into the interior of said Lot Two (2)
for a distance of 12.98 feet to the north corner of the swimming
pool walkway for the POINT OF BEGINNING;
THENCE: S 62° 54' 40" E for a distance of 47.10 feet and corner
at the most easterly corner of said walkway;
THENCE: S 27° 23' 56" W for a distance of 6.48 feet for corner;
THENCE: N 63° 34' 25" W for a distance of 47.07 feet for. corner;
THENCE: N 27° 05' 20" E for a distance of 7.02 feet to the POINT
OF BEGINNING and containing 318 square feet of land, more or
less.
Survey By:
Micha R. McClure 3/41/88
Registered Public Surveyor No. 2859
STATE OF TEXAS
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EXHIBIT
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