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RESOLUTION 2010 -142R <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS APPROVING A LICENSE AGREEMENT BETWEEN <br />THE CITY OF SAN MARCOS, TEXAS AND COG, L.L.C. TO PERMIT <br />THE ENCROACHMENT OF A BUILDING INTO A PUBLIC UTILITY <br />AND DRAINAGE EASEMENT; AUTHORIZING THE MAYOR TO <br />EXECUTE THIS AGREEMENT ON BEHALF OF THE CITY; AND <br />DECLARING AN EFFECTIVE DATE. <br />RECITALS: <br />1. When this property was replatted, the easement was increased from 25 ft. to 45 ft. but <br />when the building was constructed it inadvertently used the 25 ft. easement designated on <br />the original plat. <br />2. The building encroaches 7 feet into a public utility and drainage easement. COG, LLC <br />owns the property and the structure. <br />3. The attached License to Encroach would allow the building to continue to encroach into <br />the easement under the terms, conditions and limitations prescribed in the License. The <br />building does not interfere with the City's utilities or the operation or maintenance of the <br />easement. COG has indemnified and released the City and has agreed to pay for the <br />increased cost of construction or maintenance of the city's utilities resulting from the <br />encroachment. <br />4. Pursuant to the attached License Agreement, the City retains full access and all <br />rights associated with the drainage and public utility easement. <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />PART 1. The terms and conditions of the License Agreement (the "Agreement ") <br />between the City of San Marcos, and COG, L.L.C. are hereby approved. <br />PART 2. The Mayor, Susan Navariz, is authorized to execute the License to <br />Encroach Agreement on behalf of the City. <br />PART 3. This Resolution shall be in full force and effect immediately from and <br />after its passage. <br />i <br />