Res 2012-106 - Laserfiche WebLink

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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 N. Victor Felan and Judy Felan, property owners, who reside at: 1951 Hunter Road, #16304, San Marcos, Tx 78666 ( "Licensee "), and who are owners of the southeast portion of Lot 1, John Scott Subdivision, San Marcos, Texas, conveyed to Victor Felan by deed dated Jan . 18 , 201 2 and recorded in Volume 4263, Page 800 of the Official Public Records of Hays County, Texas being a 0.33 acre tract of land more or less ( "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 permit a private 2" sanitary sewer force main line ( "Improvements ") to encroach 10 feet by 169.24 (for a total of 1692.40 sq. ft.) into the public right -of -way known as Scott Street ( "Right -of- Way"). Said Improvements are for the sole purpose of connecting a private sewer line to a private lift station located wholly on said Property and provide sanitary sewer service solely to the Property and to no other Property The area of the encroachment is described and depicted in Exhibit "A" and owned by the Licensor. The encroachment area of the Improvements into the Right -of -Way is described by metes and bounds description and depicted in Exhibit B. Exhibits A and B are attached hereto and incorporated herein for all purposes as if set out in full in this License. Neither the granting of the License, nor any related permit, constitutes an abandonment by Licensor of the Right -of -Way or any other rights in and to the described area. Licensee neither asserts nor claims any interest or right whatsoever, whether legal, equitable or otherwise in or to the Right -of -Way. 2. Said improvements are not in contact with any electric, water, sewer, or other utility, or equipment, and do not interfere with such utility, including any drainage structures which are servicing the improvements and other property. 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 area for right -of -way, utility and other related purposes, to perform construction, maintenance and operation activities on, under or above the Right -of -Way, including those that involve excavation, trenching, paving, 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