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HomeMy WebLinkAboutRES 041018-H - Encroach 605 Academia AveRESOLUTION NO. C) q i Q l - 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN MAKING CERTAIN DETERMINATIONS AND AUTHORIZING THE DIRECTOR OF PLANNING TO EXECUTE A REVOCABLE LICENSE AGREEMENT PERTAINING TO THE ENCROACHMENT OF MULTIPLE BALCONIES AND AN EAVE INTO RIGHT-OF-WAY ON THE WEST SIDE OF THE ROCK STREET IMMEDIATELY ADJACENT TO 810 ROCK STREET. WHEREAS, the City of Georgetown (the City) owns real property which is the right of way of Myrtle Street; and WHEREAS, the City has received a request to allow the encroachment of multiple balconies and an eave to overhang the right-of-way, along the west side of Rock Street, immediately adjacent to 810 Rock Street, utilizing an area described in Exhibits "A" &c "B", attached hereto (License Area); and, WHEREAS; the balconies and eave will be located a minimum of 9 feet above the right- of-way, above the sidewalk to avoid interference to the operation or use by the public of the right of way of Rock Street; and, WHEREAS, the property owner agrees to accept the terms of the revocable license agreement and as set forth in the City Code of Ordinances Section 12.09 and to reimburse the City for costs incurred to process the request in accordance with State law requirements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION 2. The Director of Planning is hereby authorized to execute a Revocable License Agreement in substantially the same form attached hereto as Exhibit "C". SECTION 3. This resolution shall be effective immediately upon adoption. Resolution No. _ 0 � 1 0 `'; Description: License t9 Encroach, 605 Academia Avenue Building Date Approved: L� I %aVD-Ova_ Page 1 of 2 RESOLVED this day of C 1 \ J 2018. CITY OF GEORGETOWN By: — C -� . P �4 910L M" Dale Moss, ayor APPROVED AS TO FORM: J Charlie McNabb, City Attorney ATTEST: Shelley Nowlin ity Secretary Resolution No. (- a \ D \!q —\A Description: License to Enc oath, 605 Academia Avenue Building Date Approved: L L� D01 l Page 2 of 2 } i $6£ 3E _� N r _m - oHuanans 80 JN}iTi�!!ll;Jwi 7 sexal'um0186J0a� 'laaJ ls�00sole NOON NO S13O1 and 3SN30119NVHH3A0ANOOWS m� LL a� o� . o 66 o I ;��ats:v�s t,o� t�ia ;l1hC.l.lAlli](? ao� f 77T � _. 1111 - •.::'-: -" _ I ... - .' t — —... ? I. . . . . . . . . . . . . . - E711 - - l Erii F - F -mom, } I I -_1 4 ................. „0 - 19E .,0'.6 0 -- J EXHIBIT "C" REVOCABLE LICENSE AGREEMENT THE STATE OF TEXAS " KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON This is a Revocable License Agreement by and between the City of Georgetown , a Texas home -rule municipal corporation whose address is P.O. Box 409, Georgetown, Williamson County, Texas 78627,(hereinafter referred to as "LICENSOR" or "CITY"), owner of the public right-of-way known as Rock Street as dedicated in that certain plat of the Town of Georgetown in Volume 5, Page 211 and being that portion of Rock Street adjacent to Lot 4, Block 49 of the City of Georgetown as more particularly described in Document 2017041231 of the Official Deed Records of Williamson County, Texas, and Lofts on Rock Condominium Community, Inc., a Texas non-profit, whose address is 810 Rock Street, Georgetown, Texas 78626 and Lofts on Rock. LLC. a Texas limited liability company, whose address is 2802 Flintrock Terrace, Ste. 280, -Austin, Travis County Texas (hereinafter referred to as "LICENSEE"), LICENSOR hereby grants a license to the said LICENSEE to permit multiple wrought iron balconies and an eave (the Structures) to encroach into the Rock Street right of way, said encroachment being approximately one (1) foot in depth, as shown on Exhibit "A" , and extending no less than nine (9) feet and no more than forty-five (45) feet above the right of way (hereinafter referred to as "License Area"), as shown on Exhibit "B", said Exhibits attached hereto and incorporated herein by reference for all purposes, said right of way being owned and occupied by the City of Georgetown, Williamson County, Texas, but such improvements shall at all times not be in contact with any electric, water, sewer, or other utility, or equipment, or interfere in any way with such utility, improvements and other property, or the use of the sidewalk and right of way for it's intended purpose, and subject to the following terms and conditions: Neilher the granting of the license, nor any related permit. constitutes an abandonment by LICENSOR of its properly, easement or easements, or any other rights in and to the above- described property. LICENSEE expressly stipulating and agreeing by LICENSEE'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 easement. LICENSEE shall not construct any additional improvements, or make any additions or alterations on or over the City right-of-way, without the prior written consent of the City Council 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' 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 inspections which may be conducted in connection with or pursuant to said license or any supplemental license. LICENSEE shall keep the property, Balconies and Premises in good condition and repair and in a clean, orderly, and attractive condition during the term of this License. LICENSEE shall be responsible for all maintenance of the Balconies and Premises and shall repair any damage to the Balconies or Premises regardless of the cause of such damage, at LICENSEE's sole expense. LICENSEE agrees to comply with all laws and ordinances in the construction and maintenance of said improvements, and specifically shall abide by Chapter 12.09 of the Code of Ordinances. A. If an inspection reveals that any part of the structure or facility or other aspect of the licensed area does not comply with applicable terms and provisions of the City Code of Ordinances, the owner of the structure or facility shall be notified and required to make such repairs as are necessary in order to comply with the applicable terms and provisions of the City Code of Ordinances. If any Licensee fails and refuses to allow the Director, or his designee, to come upon or enter the licensed area for the purpose of making an inspection, he may be prosecuted under the terms of Chapter 12.09 of the Code of Ordinances, and the Director may revoke the revocable license for the licensed area, and such action shall be final. B. The City shall have the right at any and all times upon 180 days written notice to the Licensee, its representatives, successors or assigns, to take possession of and use all or any part of the licensed area in the event that such use be reasonably desired or needed by the City for street, sewer, transportation or any other public or municipal use or purpose, 810 Rock Street, Balcony License Agreement - Page 1 of 4 LIC -2017-024 CoG Map Quad M-53 and in such event, the City shall have the right to cancel the revocable license as to that portion of the licensed area so designated and required by the City. C. The Licensee shall have the right at any time upon 180 days written notice to the City, to relinquish the use and possession of all or any part of the licensed area as it may so determine and to cancel said revocable license as to that part so relinquished. D. Upon the lawful termination of a revocable license issued hereunder, in whatsoever manner such termination may be made, Licensee, assigns, successors and representatives, bind and obligate themselves to restore the licensed area to the original condition as it existed prior to any construction, or to fulfill any other reasonable conditions for the restoration of the licensed area which may be acceptable to the CITY, and should the Licensee, assigns, successors, or representatives fail or refuse to do so within 90 days after such termination then in that event the CITY may do or have done the work necessary for such purpose at the sole cost, risk, liability and expense of Licensee, their assigns, successors and representatives. E. Upon written consent of the CITY, acting by and through the Director, the Licensee may, at his sole cost, risk liability and expense including public liability and property damage insurance in the amounts specified in Subsection 12.09 030 DA of Code of Ordinances, remove, reroute, reconstruct, lower or raise any existing utility lines, public or private sewer lines, water lines, including storm sewers, pipes or conduits presently located within a public street, roadway, sidewalk or easement or the CITY's right-of-way, provided that before changing or interfering with any such utility lines as described aforesaid, the Licensee shall notify the respective utility companies and the CITY, owning or operating the aforesaid utility lines, concerning any and all changes, modifications, rerouting of or any interference whatsoever with the aforesaid utility lines, pipes or conduits. Any necessary changes, modifications, rerouting or interference with the aforesaid utility lines, pipes or conduits shall be done under the direction of the representatives of the respective utility companies or the CITY, as the case may be. F. Licensee shall at all times maintain a current insurance policy which shall provide general liability coverage in an amount not less than a general aggregate amount of $2,000,000 and $1,000,000 per occurrence. Such policy shall name the CITY of Georgetown as an additionally insured. F. After the completion of any construction within a licensed area under the terms of a revocable license granted hereunder, should the CITY desire to lay or construct its utility lines, including sewer lines, water lines, or any other pipes, or conduits under, across, or along said streets within its right-of-way, any and all additional cost for the laying or construction of the aforesaid utility lines, including pipes and conduits, within said street or right-of-way, which may occur by reason of the existence of said construction, shall be paid to the CITY by the said Licensee, his assigns, successors and representatives. G Solely as between the CITY and the Licensee, and not for the benefit of any other person, the Licensee, by acceptance of such revocable license, hereby waives any claim he, or any heirs, successors or assigns might have for damages for loss of lateral support to any other improvements hereby contemplated which loss of lateral support might be occasioned by any improvements which the CITY, its assigns, grantees, or licensees might install or construct. H. The Licensee, or his successors, assigns, or representatives, by the acceptance of such revocable license, agree, obligate and bind himself or itself to indemnify and does hereby indemnify and hold and save forever harmless solely the CITY, any of its agencies, and any person, from all liability, cost or damage on account of Licensee's use, occupancy and maintenance of any part of a public street, roadway, sidewalk or easement or the CITY's right-of-way and the structures and facilities therein or above, including by way of example, but not by way of limitation, any buildings, piers, fences, pools, walls, patios, decks basements, awnings etc. constructed on or above the surface or the subsurface of any public street, sidewalk or right-of-way. This indemnity shall continue in force and effect during the existence of any revocable licenses issued under the provisions of this Chapter. I. No transfer or assignment of any revocable license granted under the terms and provisions of this Chapter shall be effective unless and until: 1. The Licensee has, in writing, advised the Director of the name and mailing address of the transferee or assignee; and 810 Rock Street, Balcony License Agreement - Page 2 of 4 LIC -2017-024 CoG Map Quad M-53 2. The transferee or assignee has furnished the Director its written agreement to assume and perform all of the duties, covenants and obligations of the revocable license; and, thereupon, each provision of the revocable license shall be binding upon, and inure to the benefit of, the transferee or assignee of the Licensee. J. The breach or violation of any one of the terms, provisions, or conditions set forth in this Chapter shall be sufficient to constitute grounds for the cancellation and forfeiture of the revocable license granted under the authority of Chapter 12.09 of the Code of Ordinances. Any such cancellation and forfeiture may be exercised upon 20 days written notice by the CITY to the Licensee, a representative or successor, unless, at the expiration of such time, any such violation or breach has ceased or the Licensee is proceeding with all diligence and good faith to remedy any such violation or breach and thereafter continues without delay with such remedial work or correction until such violation or breach has been completely remedied, and, any person violating any of the provisions of this Chapter may be prosecuted as provided in Chapter 12 09 of the Code of Ordinances. Should the CITY at any time or for any reason decide that the right-of-way onto which the Balconies are encroaching is needed for public use, the CITY may upon one hundred eighty (180) calendar days written notice, revoke this license at no cost to the CITY and may take possession of the public right-of-way. All rights of the Licensee in the Premises shall then be terminated. Licensee may cancel this license, for any reason, upon thirty (30) calendar days prior written notice to the CITY, and all rights of the Grantee shall then be terminated. In addition, if, for a period of six (6) months, Licensee shall cease to use or occupy the property for the purposes herein contemplated, the CITY may cancel this license and take possession. All rights of the Licensee on the CITY right-of-way shall then terminate. Any waiver by the CITY of any breach of any of Licensee's obligations shall not be deemed a continuing waiver, and shall not prevent the CITY from exercising any remedy it may have for any succeeding breach of the same or another obligation of the Licensee. Upon termination of this license for whatever reason, the encroaching Balconies shall remain the property and sole responsibility of LICENSEE and shall, be removed by the Licensee without cost to the CITY. If any person or the owner of land abutting a public street, roadway, sidewalk or easement or the CITY's right-of-way reveals by his application for a building permit or other authorization of the CITY that any new, remodeling or renovating construction is desired to be made within any part of a public street, roadway, sidewalk or easement or the CITY's right-of-way, the requested revocable license will be reviewed for compliance with the terms and provisions of Chapter 12.09 of the Code of Ordinances, and in addition, be subject to the following conditions: 1. The proposed use of a public street, roadway, sidewalk or easement or the CITY's right- of-way by any person or the abutting land owner shall not interfere with the CITY's lawful use thereof. 2. The Licensee, or his successors, assigns or representatives agree, obligate and bind himself or itself to indemnify and does hereby indemnify and hold and save forever harmless the CITY, from all liability, cost or damage on account of the construction within a public street, roadway, sidewalk or easement or the CITY's right-of-way, or on account of using, occupying, preparing, maintaining and operating any such improvements therein. LICENSEE shall defend and indemnify the CITY against any liability and loss of any type arising from any lien or encumbrance on the property that arises or is alleged to have arisen from Grantee's use of the License Area. M. This license shall expire automatically upon removal of the improvements located upon the property pursuant to this license. This license shall be effective upon the acceptance of the terms hereof by the LICENSEE, as indicated by the signature of LICENSEE and the approval thereof by the CITY. The license shall be filed of record in the Official Records of Williamson County, Texas. 810 Rock Street, Balcony License Agreement - Page 3 of 4 LIC -2017-024 CoG Map Quad M-53 SIGNED and Agreed to on this day of 20 LICENSOR: LICENSEE Lofts on Rock, LLC, a Texas limited liability company By: By: Sofia Nelson, Director, Planning Department APPROVED AS TO FORM: Assistant City Attorney STATE OF TEXAS Eric Visser, Manager and Lofts on Rock Condominium Community, Inc., a Texas non-profit corporation Eric Visser, President ACKNOWLEDGMENT COUNTY OF WILLIAMSON ) This instrument was acknowledged before me on the day of 20_, by Sofia Nelson in her official capacity as Director of the Planning Department for the City of Georgetown, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS ) ACKNOWLEDGMENT COUNTY OF WILLIAMSON j This instrument was acknowledged before me on the day of 20_, by , in his/her official capacity as of on behalf of said corporation. Notary Public, State of Texas 810 Rock Street, Balcony License Agreement - Page 4 of 4 LIC -2017-024 CoG Map Quad M-53 STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of 20_, by of , in his/her official capacity on behalf of said corporation. as Notary Public, State of Texas 810 Rock Street, Balcony License Agreement - Page 5 of 4 LIC -2017-024 CoG Map Quad M-53 [Exhibits "A" & "B" to License to Encroach] Exhibits "A" & `B" to the License to Encroach are heretofore attached as Exhibits "A" & `B" to the foregoing Resolution and will be attached accordingly to the original License to Encroach prior to execution and recording.