HomeMy WebLinkAboutResolutionRESOLUTION NO.
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE
MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A LICENSE
AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND APPLICANT,
JEFFREY R FRENCH, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE
LOCATED AT LOT 22, BLOCK 6, CREEK MEADOWS SUBDIVISION PHASE 3, MORE
COMMONLY KNOWN AS 15412 BAKER MEADOW LOOP, INTO THE EASEMENT.
WHEREAS, the City of College Station, has received an application for a license to encroach
into a utility easement;
WHEREAS, the City of College Station has enacted Ordinance No. 1645 regulating, controlling
and governing encroachments;
WHEREAS, in order for a license to be granted by the City Council of the City of College
Station, the Council must make certain findings of facts;
WHEREAS, after hearing the application of JEFFREY R FRENCH to encroach into the
easement, the City Council of the City of College Station, finds the following facts:
That there are no utilities which would be interfered with by the utilization of the
property in its present status,
2. That there are no utilities which would interfere with the utilization of the
property in its present status.
That the structure intrudes into the easement to such a degree that it is not
economically feasible to remove the part of the structure within the easement.
4. That the land use in the neighborhood appears to be stable and the use to which
this property is being put is not likely to change within the foreseeable future and
is similar to the use to that of the neighborhood;
WHEREAS, the applicant agrees to accept the terms of the License Agreement as presented to
him; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION:
I.
That the City Council after hearing the application and finding the specific facts as stated above
now concludes and finds that:
I. The fact that it is not economically feasible to remove the part of the structure
within the easement area does constitute special circumstances and conditions
affecting the property which if not taken into consideration would deprive the
applicant of the reasonable use of his property,
2. The fact that the land use is not likely to change within the foreseeable future and
that it is not economically feasible to remove the part of the structure within the
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EXHIBIT 'A»rA&MCCLURE
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ENGINEERING/SURVEYING INC.
DATE:: 09/17/12
for
1888 Wooticreek Drive, Suite 103
College Station, Texas ]]845
DRAWN BY: JOB
DESIGNED BY: JOB
15412 Baker Meadow Loop
(979)693-3838
Firm Reg. No. F- 58
Scale: 1" = 10'
Page 1 of 1
Resolution No.
Page 2
easement does provide a basis for granting the license necessary for the
preservation and enjoyment of the substantial property right of the applicant.
3. The fact that the use of the easement area by the property owner does not interfere
with the utilities or access to the utilities and is not detrimental to the public
health, safety or welfare or injurious to the property in the area; and
II.
That the Mayor is hereby authorized to execute on behalf of the City of College Station a
License Agreement with JEFFREY R FRENCH pertaining to the encroachment of a portion of a
structure located at Lot 22, Block 6, Creek Meadows Subdivision Phase 3, more commonly
known as 15412 Baker Meadow Loop, into the easement area. The terms of said License
Agreement are as set forth in the form which is attached hereto as Exhibit "A" and incorporated
herein by reference for all purposes,
III.
That this resolution shall be effective immediately upon adoption.
PASSED and APPROVED this
ATTEST:
SHERRY MASHBURN, City Secretary
APPROVED:
day of
APPROVED:
NANCY BERRY, Mayor
2012.