Res 2014-082/Cody’s Bistro request for encroachment of a Public Utility Easement

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LICENSE AGREEMENT THE STATE OF TEXAS * COUNTY OF HAYS 1. This License Agreement is entered into by and between the City San Marcos, Texas, a Home Rule municipal corporation of Hays County, Texas, acting herein by and through its duly authorized City Manager hereinafter referred to as ( "Licensor ") and #1 Blessed Royalty, Inc., a Texas Corporation, 690 Centerpoint Road, Suite 207, San Marcos, Texas 78155 ( "Licensee "), owner of Lot 1, consisting of 1.78 acres more or less, Sac -N -Pac Stores Subdivision, a subdivision of 3.82 acres out of the Edward Burleson Survey, No. 18, A -63, San Marcos, Texas, according to plat recorded in Book 7, Page 380 of the Official Records of Hays County, Texas (the "Property"). 2. Grant of License. In consideration of ten dollars, other good and valuable consideration and the faithful performance of the covenants and conditions established in this License, Licensor hereby grants a non - exclusive License to the Licensee to install a 12 foot by 42 foot wooden deck extending from the rear of the main building on the Property as illustrated in the plans in Exhibit "A," attached hereto and made a part hereof for all purposes (the "Improvements ") within Licensor's 20 foot public utility easement along Gregsons Bend Road (the "Easement "). The Easement is described and depicted on the plat attached hereto as Exhibit "B," and made a part hereof for all purposes. The encroachment area permitted by this License shall not exceed the perimeter of the Improvements, as constructed and approved by the Licensor in substantial accordance Exhibit "A" (the "License Area "). Neither the granting of the License, nor any related permit, constitutes an abandonment by Licensor of the Easement or any other rights in and to the described Easement. Licensee neither asserts nor claims any interest or right whatsoever, whether legal, equitable or otherwise in or to the Easement. 2. No Interference with Utilities. The license granted herein is subject to the requirement that the Improvements shall not be contact with any electric, water, sewer, or other utility, or equipment, and shall not interfere with such utility, including any drainage structures. 3. Right of Use of Property by Licensor and Public Utilities. The Licensor reserves the right at all times, for itself and all public utilities authorized to use and maintain the Easement for public utility and drainage purposes, to perform drainage and utility construction, maintenance and operation activities on, under or above the Easement, including those that involve excavation, trenching, pole and wire placement, or other activities that may affect the Improvements. The Licensor and the authorized utilities will endeavor to notify the Licensee in advance of any construction or maintenance activities, but they make no commitment to do so.