Res 2017-150/approving a license agreement with NABI, LLC that allows Signage and Landscaping Improvements for the future Rancho Meat Market at 2745 Hunter Road to encroach into a public utility easement

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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. LICENSE TO ENCROACH AGREEMENT Date: Licensor: City San Marcos, Texas, a home rule municipal corporation, 630 East Hopkins Street, San Marcos, Hays County, Texas 78666 Licensee: NABI, LLC, 1905 Windy Hill Road, Kyle, Texas 78640 Property: VISION PARK, Lot 1-A, ACRES 1.273, Plat Records of Hays County, Texas, as shown in Exhibit "A," attached hereto and made a part hereof. License Area: As described in Exhibit "A" and "B," attached hereto and made a part hereof. Upon Licensor's final approval and Licensee's installation of the Improvements (defined below) under paragraph 3, Exhibit B shall be replaced to reflect the footprint of the as-built location of the Improvements. Consideration: Ten dollars ($10.00), other good and valuable consideration and the faithful performance of the covenants and conditions established in this License Agreement. 1. Purpose. The License Area is located within a public utility easement (the "Easement") granted to Licensor through the plat of the Property. Licensee is the owner of the Property and seeks to maintain certain signage, landscaping and associated irrigation improvements within the License Area related to the adjacent commercial development on the Property. The purpose of this License Agreement is to establish terms and conditions under which Licensee may maintain such improvements within the Easement. 2. Grant of License. For the Consideration, Licensor hereby grants a non-exclusive License to the Licensee to maintain signage, landscaping and associated irrigation improvements within the License Area, a representation and the approximate location of which are shown in Exhibit "B," (the "Improvements"). 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 Easement. 3. Restrictions on Improvements. The appearance, dimensions and location of the Improvements shall be substantially similar to what is shown in Exhibit B. The final appearance, dimensions and location of the Improvements are subject to the written approval of Licensor's Director of Planning and Development Services. The license granted herein is subject to the requirement that the Improvements shall not be expanded or altered beyond what is initially approved by Licensor under this paragraph and installed by Licensee.