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1988V94P52 LICENSE AGREEMENT THE STATE OF TEXAS * KNOW ALL MEN BY THESE PRESENTS : COUNTY OF BRAZOS That the City of College Station ( hereinafter referred to as "LICENSOR") , acting through the undersigned official who is so empowered by resolution of the City Council to so act in consid- eration of the agreement made herein by SPEARMAN, SEARS & MURPHY PARTNERSHIP ( hereinafter referred to as "LICENSEE" ) , owner of Chatham Place Apartments, according to the plat recorded in Vol- ume 358, Page 295, of the Deed Records of Brazos County, Texas, hereby grants a license to the said LICENSEE to permit a swimming pool on a portion of Lot 2 , Block 1 , Parkway Plaza Phase III Addition to the City of College Station, Texas to encroach upon the easement, as shown on Exhibit "A" attached hereto and incorporated herein by reference for all purposes, owned and occupied by the City of College Station , Brazos County, Texas, but such improvements shall be at all times under and not in contact with any electric, water , sewer , or other utility, or equipment, or interfere in any way with such utility, including any drainage structures which are servicing the improvements and other property, and subject to the following terms and conditions: Neither the granting of the license , nor any related permit, constitutes an abandonment by LICENSOR of its property, easement or easements, or any other rights in and to the above-described property. LICENSEE expressly stipulating and agreeing by LICENS- EE ' s acceptance of this license that LICENSEE neither asserts nor claims any interest or right of any type or nature whatsoever, legal, equitable or otherwise in or to LICENSOR' s property. LICENSEE hereby expressly convenants, stipulates and agrees, without limitation, to indemnify and defend the LICENSOR and hold it harmless from any and all liability, claim, cause of action, and cost, including- attorneys' fees, and including any acts or omissions of the LICENSOR, its officers, agents, and employees , which may grow out of or be attributable to the granting by the LICENSOR of said license and any supplemental license which may hereafter be issued in connection herewith including any inspec- tions which may be conducted in connection with or pursuant to said license and any supplemental license . LICENSEE, at its own expense, shall restore or cause to be restored the subject property to as good as condition as existed prior to construction of the improvements which are the subject of this license agreement. LICENSEE shall pay all costs of relo- cation of any public utilities or facilities which may be incur- red as a result of the proposed construction or actual construc- tion. LICENSEE agrees to comply with all laws and ordinances in the construction and maintenance of said improvements. LICENSOR retains the right, but not the obligation, to enter upon the land to which this license applies and at LICENSEE ' s ex- pense to remove any structure or improvements or alterations thereon upon the determination by LICENSOR that such removal is necessary for exercising LICENSOR' s rights or duties in regard to said easement, or for protecting persons or property, or pub- lic interest in regard to said easement. Vr f�/0 6-A y., This license, until its expiration or revocation, shall run with the title to the above described real property, and the terms and conditions hereof shall be binding upon subsequent owner or holders thereof. LICENSEE shall cause any immediate successors in interest to have factual notice of this License Agreement. This license shall expire automatically upon removal of the improvements located upon the property pursuant to this license, and shall expire as to any portion of said improvements upon the removal , whether or not all of the proposed improvements are removed. This license is revocable by the LICENSOR upon the occur- rence of any of the following conditions or events : A. LICENSEE or its successors has failed to comply with the terms of the granting of the license; or B. The improvements located thereon or any portion of them interfere with the rights of the LICENSOR or the public in or to LICENSOR' s property; or C. The use of the licensed area becomes necessary for a public purpose; or D. Said improvements or a portion of them constitute a danger to the public which is not remediable by mainte- nance or alteration of the said improvements; or E. Said improvements or a portion of them have expanded beyond the scope of the license; or F. Maintenance or alteration necessary to alleviate danger to the public has not been made within a reasonable time after the dangerous condition has arisen. This license shall be effective upon the acceptance of the terms hereof by the LICENSEE, as indicated by the signature of LICENSEE. This license shall be filed of record in the Official Records of the County Clerk of the Brazos County Courthouse. PASSED, ADOPTED and APPROVED this the / day of (-2;fe E , 1988 . h APPROVED: SPEARMAN, SEARS & MURPHY PARTNERSHIP , Licensee, K12,11 BY: l FRANK L. MURPHY Managing Partner CITY OF COLLEGE STATION, LICENSOR, I- ATTEST: BY: _ LAR" RD G ° ,ay — AGMN—LA City Secy - 2 - y STATE OF TEXAS * ACKNOWLEDGMENT COUNTY OF BRAZOS * This instrument was acknowledged before me on the (.,2.4"t'�- day of (c/14,ce , 1988 , by FRANK L. MURPHY , as Managing Partner of Spear an, Sears & Murphy Partnership, on behalf of said part- nership. 2 7 Jrfe,r,ver4;-4 •ta•y Public in and fgr the TATE OF TEXAS ' nted Name: SAN SC Ft(ti'��Tz My Comm. Exp. : Lf- g-civ STATE OF TEXAS * CORPORATE ACKNOWLEDGEMENT COUNTY OF BRAZOS * This instrument was acknowledged before me on the ��?"lft day of (7. e , 1988 , by Larry Ringer, as Mayor of the City of College Station, on behalf of said City. l ,i' -Q-LL .1(- 6cI--a/44 Notar Public in and Or the TATE OF TEXAS P k ted Name: jAN SCIkA)PfeT2 My Comm. Exp. : 4- SR_91 - 3 - C • FIELD NOTES POOL ENCROACHMENT on a Portion of Lot 2,• Block 1 PARKWAY PLAZA PHASE III ADDITION College Station, Texas Being ,all that certain tract or parcel of land lying and being situated in the CRAWFORD BURNETT LEAGUE, A-7, in College Station, Brazos County, Texas and being a portion of Lot Two (2), Block One (1) of PARKWAY PLAZA PHASE III Addition as recorded in Volume 358, Page 295 of the Deed Records of Brazos County, Texas and being more particularly described by metes and bounds as follows: COMMENCING: at a i-inch iron rod set for the common most northerly corner of Lots One (1) and Two (2) of said Block One (1) of PARKWAY PLAZA PHASE III Addition; THENCE: S 63° 34' 25" E along the northeast line of said Lot Two (2) for a distance of 30.41 feet; THENCE: S 26° 25' 35" W into the interior of said Lot Two (2) for a distance of 12.98 feet to the north corner of the swimming pool walkway for the POINT OF BEGINNING; THENCE: S 62° 54' 40" E for a distance of 47.10 feet and corner at the most easterly corner of said walkway; THENCE: S 27° 23' 56" W for a distance of 6.48 feet for corner; THENCE: N 63° 34' 25" W for a distance of 47.07 feet for. corner; THENCE: N 27° 05' 20" E for a distance of 7.02 feet to the POINT OF BEGINNING and containing 318 square feet of land, more or less. 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