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HomeMy WebLinkAboutRES 050818-C - Encroach 202 E 18th StRESOLUTION NO.50�I 0-1, 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 A DRIVEWAY INTO THE RIGHT OF WAY, CURRENTLY LOCATED IN THE RIGHT-OF- WAY OF ELNORA STREET IMMEDIATELY ADJACENT TO 202 E. 18TH STREET. WHEREAS, the City of Georgetown (the City) owns real property which is the right of way of Elnora Street; and WHEREAS, the City has received a request to allow a currently existing encroachment of a driveway into the right of way to remain, immediately adjacent to 202 E. 18th Street, utilizing an area described in Exhibit "A". attached hereto (License Area); and, WHEREAS; the driveway has existed on the site for some time without interference to the operation or use of the right of way of Elnora 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 "B". SECTION 3. This resolution shall be effective immediately upon adoption. Resolution No. 050$143 - C Description: Licenn to Encroach, 202 E. 181h St. Driveway Date Approved: 5 1b -.';LO IS Page 1 of 2 RESOLVED this % day of . Nq 2018. CITY OF GEORGETOWN By: — (- a-,& zm�/— Dale Ross, Mayor APPROVED AS TO FORM: w Charlie McNabb, City Attorney ATTEST: Shelley Now I r!Y i ly Secretary Resolution No. OSU6 IS' C Description: License ❑ E1-3�0 croach, 202 E. 181h St. Driveway Date Approved: _{'$ Page 2 of 2 LOT Exhibit "A" LOT 2 } POINT OF PAGE OF acrinlnnnlra rr InF S 70° 27'22" W 66.98' nP 0 Lu V 12.2' 6.4' 0.7W fV 0.VE a0 STORY FFIAME LOT 3 C) cc /1 S �J J F- D 0.20 AC. w 8,895 SO. FT. v F,A. PATTERSON r > N ADDITION of M . cn J 0.5 r uj LL ORIGINAL LOT LINE N 12.Q o CD { ° ONE STORY STONE & GM N FRAME RESIDENCE RRAvaL 202 E. 1 STH STREET DRHS a,4• EI.1 iv 39.8' 1fi.fi' 6.2' I LOT v N 1/2" waren ALET[R :72' IRF _... CM IRF N 700 10' 38" E 67.50' — — — c c 1REF04ENCE BEARING) It c0. i a E. 18TH STREET (VARIABLE WIDTH R.O.W.) LEGEND: ASPHALT WIRE FENCE til--M—CONCRETE.' CHAIN LINK FENCE QA 10A 20A 40A WN CtIJMT WIN FENCE — WOOD FENCE ELECTRIC LINE—E— HOOD. RAILROAD (WOOD) TIE -M BRICK. IRF. IRON ROD FOUND STONE. SCALE: 1'A= 20' CM . CONTROLLING MONUMENT LEGAL DESCRIPTION: GF. IQ, 1ASWA _WN BEINGO.20 OFANACREOF LAND OUTOFLOTS SAND 4 IN BLOCK 2 OF F.A. PATTERSON ADDITION, A SUBDIVISIO14 IN WILLIAMSON COUNTY, BORROWER WAIIr3AAG_PARL$H TE%AS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET A. SLIDE 103, OF THE PLAT RECORDS OF WILUAMSON COUNTY, TELA BRB TEXAS. BEING THE SAME PROPERTY DESCRIBED AS THE WESTERLY ONE -HALF OF SAID LOTS INA DEED RECORDED IN VOLUME 437, PAGE 593, DEED RECORDS, WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS DESCRIPTION FIELD IcKw ATTACHED HERETO AND MADE APART THEREOF ON PAGE 2 SURVEYOR'S CERTIFICATION: FLOOD INFORMATION: THIS IS TO CERTIFY THAT ON THIS DATE A SURVEY WAS MADE ON THE GROUND, UNDER MY SUPERVISION. THATTHE SURVEY REFLECTS A THE SUBJECT PROPERTY DOESNOTAPPEAR TO LIE TRUE AND CORRECT REPRESENTATION AS TO THE DIMENSIONS AND CALLS OF PROPERTY LINES; LOCATION ANDTYPE OF IMPROVEMENTS. WITHIN THE LIMITS OFA 100 -YEAR FLOOD HAZARD THERE ARE NO VISIBLE AND APPARENT EASEMENTS, ENCROACHMENTS, CONFLICTS, OR PROTRUSIONS, EXCEPT AS SHOWN, THISSURVEY ZONE ACCORDING TO THE MAP PUBLISHED HAZARD IS NOT TO BE USED FOR CONSTRUCTION PURPOSES AND IS FOR THE EXCLUSIVE USE OF THE HEREON NAMED PURCHASER, MORTGAGE FEDERAL EMERGENCY MANAGEMENT AGENCY, AND COMPANY, AND TITLE COMPANY AND THIS SURVEY IS MADE PURSUANT T07HAT CERTAIN TITLE COMMITMENT UNDER THE GF NUMBER HADERALE "X' RATING MANAGEMENT AGENCY, SHOWNHEHEON. PROVIDED BY THE TITLE COMPANY NAMED HEREON AND THATTHIS DATE, THE EASEMENTS, RIGHT&OF-WAY, OR OTHER HASA04 E'RATI DATED SEPTEMBER AS SHOWN 2BYMA 6, 200EL LOCATABLE MATTERS OF RECORD THAT THE UNDERSIGNED HAS KNOWLEDGE OR HAS BEEN ADVISED ARE AS SHOWN OR NOTED HEREON. DATE: 08/14/14 JOB NO.: 14.2241 202 E. 18TH STREET, GEORGETOWN, TX FIELD DATE: 06/09/14 0.20 AC. OUT OF LOTS 3 & 4, BLOCK 2, F.A. PATTERSON ADDITION E M.':i �gw�kNj)�tr r �,5TE t CT 1a o SBL • AAVL;um';;iUF2REz S- • �.Ap .................�. •••?pe•� 55 y OA; -q DATE: GECI�Wr/V YryQ ••S U TAN �� ACCEPTED BY: 5LI[Y4•LIII](I w: 5700 W. Plana Parkway, SMIe 3200 Plano, Texas 76093 n EGISTERED PBtli LiAND SURVEYOR O01Ce 972-612-3601 Fax 972-964-7021 J Exhibit "B" 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 (hereinafter referred to as "LICENSOR"), and Anna Molin, whose address is (hereinafter referred to as "LICENSEE"), owner of a tract of land being 0.20 acres, more or less, being a part of Lots 3 & 4, Block 2 of the F.A. Peterson Addition in Williamson County, Texas as recorded in Document No. 2014049617 of the Official Deed Records of Williamson County, Texas, and located at 202 E. 1811, St., Georgetown, Texas (hereinafter referred to as the "PROPERTY"), Georgetown, Williamson County, Texas. LICENSOR hereby grants a license to the said LICENSEE to permit a gravel, kaliche or concrete driveway to encroach into the Myrtle Street right-of-way, as shown on Exhibit "A" attached hereto and incorporated herein by reference for all purposes (hereinafter referred to as "Licensed Area"), 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, 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 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 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, at its 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. LICENSEE 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. 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 orfacility 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, 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, including the removal of buildings or porlions of buildings encroaching into the Licensed Area, or to fulfill any other reasonable conditions for the 202 E. 18th License Agreement - Page 1 of 4 LIC -2018-008 CoG Map Quad M-53 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 specifies! in Subsection 12.09.030 C]_4. of Code of Ordinances. remove, reroute, reconstruct, lower or raise any existing utility lines, public or private sewer lines, waterlines, 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 shat! 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. 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 fines, 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 toss of lateral support mightbe 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 INDEMNIFYAND DOES HEREBY INDEMNIFYAND 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, INCLUDING BY WAY OF EXAMPLE, BUT NOT BY WAY OF LIMITATION, ANY BUILDINGS, PIERS, FENCES, POOLS, WALLS, PATIOS, DECKS BASEMENTS, ETC. CONSTRUCTED ON THE SURFACE OR THE SUBSURFACE OF ANY PUBLIC STREET OR RIGHT-OF-WAY. THIS INDEMNITY SHALL CONTINUE IN FORCE AND EFFECT DURING THE EXISTENCE OF ANY REVOCABLE LICENSES ISSUED UNDER THE PROVISIONS OF TITLE 12 OF THE GEORGETOWN CODE OF ORDINANCES. 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 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. 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 arbreach and thereafter continues without de lay 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. 202 E. 181h License Agreement - Page 2 of 4 LIC -2018-008 CoG Map Quad M-53 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: 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 proposed construction within a public street, roadway, sidewalk or easement or the City's right-of-way shall be in accordance with the City's Construction Standards, Unified Development Code, and any other applicable ordinances and regulations. K. At all times during the construction and building of any structure within a public street, roadway, sidewalk or easement or the City's right-of-way: The street or highway shall be kept open for vehicular and pedestrian traffic in a reasonable manner and no obstruction of the sidewalks shall be allowed in such a way as to prevent the use thereof by pedestrians; Dirt and other material removed from the building and construction of any such structure within a public street, roadway, sidewalk or easement or the City's right-of-way shall not be allowed to remain on the street or sidewalk, but all such dirt and other materials shall be removed immediately at the sole cost, risk, liability and expense of Licensee; All excavations and obstructions of any kind where allowed during the period of Licensee's construction, shall be properly barricaded, and well illuminated during the night time, all subject to the approval of the Building Official. After the completion of the construction within a Licensed Area, the Licensee shall at his own cost and expense replace any sidewalks and surface of any streets thatwere damaged or removed in the construction of any structures or facilities in a condition equally as good as they were immediately prior to the time of excavation or construction, and all of such sidewalks and streets shall be maintained in a good and useable condition for one year after said sidewalks or streets have been replaced, all subject to the approval of the Director. All damage, if any, to said sidewalks and streets caused by the construction, use, maintenance and operation by Licensee shall be repaired by and at the cost and expense of the Licensee In the event Licensee fails or refuses to proceed with diligence with the performance of any work in connection with the replacement, rebuilding or resurfacing of streets and sidewalks within 30 days after receiving written notice from the Director, the City may do such work or cause same to be done, all at the sole risk, cost, liability and expense of Licensee. This license shall expire automatically upon removal of the improvements located upon the property pursuant to this license. At no time during the term of this license may the Licensee allow the installation, nor cause to be installed, any signage, bollards or obstructions excluding the general public from utilizing the public right-of-way for parking or pedestrian traffic unless such signage, bollard or obstruction are previously approved by the Director in writing. 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. SIGNED and Agreed to on this day of LICENSOR: LICENSEE. City of Georgetown Anna Molin By: Sofia Nelson, Director, Planning Department 202 E. 181h License Agreement - Page 3 of 4 LIC -2018-008 CoG Map Quad M-53 By: ,20— LICENSOR: 20_ APPROVED AS TO FORM: Assistant City Attorney STATE OF TEXAS 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 This instrument was acknowledged before me on the day of 20_, by , as of Anna Molin Notary Public, State of Texas 202 E. 18th License Agreement - Page 4 of 4 LIC -2018-008 CoG Map Quad M-53 [Exhibit "A" to Revocable License] Exhibit "A" to the Revocable License is heretofore attached as Exhibit "A" to the foregoing Resolution and will be attached accordingly to the original Revocable License prior to execution and recording.