Res 2011-034 - 1 - Laserfiche WebLink

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0 RESOLUTION 2011- 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF SAN MARCOS, TEXAS AND CENTURYTEL OF SAN MARCOS, INC., A TEXAS CORPORATION D /B /A/ CENTURYLINK TO PERMIT THE ENCROACHMENT OF A BUILDING INTO A SIDEWALK IN THE PUBLIC RIGHT -OF -WAY OF WEST SAN ANTONIO STREET; AUTHORIZING THE MAYOR TO EXECUTE THIS AGREEMENT ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The building encroaches 3.6 square feet into the sidewalk in the public- right -of -way. CenturyTel of San Marcos, Inc. d/b /a CenturyLink ( "CenturyLink ")owns the property and the structure. The encroachment is one side of the two -sided entrance of the structure which encroaches onto the sidewalk. CenturyLink desires to sell the building and the title company is requiring that the encroachment be resolved in order to complete the sale. 2. The attached License to Encroach would allow the building to continue to encroach into • the sidewalk located in public right -of -way under the terms, conditions and limitations prescribed in the License. The building does not interfere with the City's utilities or the operation or maintenance of the right -of -way. CenturyLink has indemnified and released the City. 3. Pursuant to the attached License Agreement, the City retains full access and all rights associated with the sidewalk and right -of -way. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The terms and conditions of the License Agreement (the "Agreement ") between the City of San Marcos, and CenturyTel of San Marcos, hic. d/b /a CenturyLink are hereby approved. PART 2. The Mayor is authorized to execute the License to Encroach Agreement on behalf of the City. PART 3. This Resolution shall be in full force and effect immediately from and after its passage. •