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Home My WebLink AboutMiscellaneous DRAFT RESOLUTION NO. A ,RESOLUTION MAKING ,CERTAIN FINDINGS OF "FACT "AND "AUTHO- RIZINGTHEMAYOR<OF ,',THE CITY OF COLLEGE STATION TO EXE- CUTE A LICENSE AGREEMENT BETWEEN THE CITY OF COLLEGE STATIONANDAPPLICANT,CI'TIZENS.BANK,OFLOMETA ,PER- TAINING, ,'T.O.,' 'THE.i ENCRpACHMENT" .,.'OF",A" ",STRUCTURE, '"MORE COMMONLYKNOWNASINTERNATIO.NAL HOUSE .OFPANCAKES, LOCATED>ON",AO.667"ACRETRACTOF LAND 'IN'THEJOE 'E. SCOTT LEAGUE , INTO THE "EASEMENT. WHEREA~",the.,city of College station, has 'received an application, for a license to encroach into a utility easement; WHEREAs,t.he ,CltYOfcolleg-e stati<:mhasenaqted Ordi-- nanceNo., ',,1645 regulating " ,controlling and governing encroachments; WHEREAS, in order ,for a license to be" granted by the CityConnc,il"'of theCityofCollege,station,theCoun- eil',' must, ,make certain' findings.",,'offacts; WHEREAS, after hearing the application of citizens Bank of Lometato>encroach "into the easement, the city Coun- ciloftheCityof College Station, finds the following facts: 1.. Through no fault of the present property own- ers,aportionofthestructurewascon- structedintheutilityeasement. 2 . That there are no utilities whichwoul.d be interfered ,with by the utilization'"of the property in its .presentstatus. 3. That there are no utiliti,es which would in- terferewiththe utilization of the property in its present status. 4. That.the,structure. 'intrudes into the easement tosubh a ,degree that it is not economically f<easibleto remove the part of the structure withiritheeasement. 5 . That the land use in the neighborhood <appears to ,be st,ableand the use to which . this prop- erty,..is """being,,, ,'put.,."is,not"likely ,to. ',change within the foreseeable future and is similar to theusetothatoftheneighborhoodi WHEREAS, the city council ".' after hearingthe,application and finding the specific facts as stated abovenow'con~ cludesand' 'finds ',.that: 1. The ," ,fact that the structure was constructed within the" ,easement, ,through nofault"of 'the present property oWners and that 'it is not economically",. 'feasibl.etoremove, ,,'.thepart ,af the structure within the ,.easement"."area 'does constitutespecialcircumstanc:es and'condi7" tions.affecting thepr(.')pertywhicl1., :i.f. not take into 9pnsiderationwould.depriv~the ap- plicants of the reasonable use of their prop- erty. 2. The fact that the land.use.isnat likely to change.,.vrithin "the""",foreseeable"",future"""and, ".that it "iSl'lot',",.,economi call:yfeasible"toremove ,the partof'thestructurewithintheeasement does.provide, abasisfo:r 'granting the · ,1 icense necessary for . the preservation '. and enjoyment of the < substantial property right af the applicants. 3. The fact that the use of the easement. area by the property owners<does,not interfere, with the utilities or access to the utilities and is notdetrimentalt.othepublic 'health I sqfetyor welfare or injurious to the prop-, arty in the area. WHEREAS" the.,'applicants'agreeto accept the, 'termsaf the license agreement as"presentedto them. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY. OF COLLEGE STATION: I. That theMayorisdhereby authoriz.ed to ,execute, an, be- half of the City of College station a License Agreement ~ with'cit,izensBankof ,Lometa p~rtainingto the en- craachmentafaportion ,of, a structure, more ',' commonly known as International HOUse. of Pancakes, located on a 0.<6 67 acre tract ,in the" .JoeE. "Scott League, more "'par- ticularly described by a deed recorded in Volume 1228, Page .,". 462 of the Decad Records "o.f>Bra zos 'County, ,Texas, into the easel11entarea., The terms of said License Agreell\entare as ,set .f0:rthin . the., form which is at- tayl1eclhereto as Exhibit "A" and. incorporated, herein by reference for all purposes. II. That this .,/resolution shall be effect i veimmediately upon adoption. PASSED",and',"".,.APPROVED""',,,'.,this day of ,1992. APPROVED,: Mayor ME,M.ORAN<DUM TO: .Tack Culpepper, Stalworth Oorporation 1100 Kyle South., Ste,.240,College"Station,TX71.841 Lawrence .'J. ,Haskins, Citizens Bank of Lo me ta P.O.Boxt30, ,Lometa,TX16853 SUBJECf: Project Review, . Committee: Jane Kee, Senior Planner V~rQnicalvIorgap, .J\ssistant Jolhe> QityEngineer Mal)' .,Elizabeth ,Herring,'" ,p '".,&.".,Z,.Re,presentative Others ,Attendin.g: Natalie Th()Plas, ,Planning'fechnician Sall1antha$lTIith, . Engineering .A$sistant Shirley.. Volk, ..' pevelQP1l.1ent ,CQQrdinator La VernAkin, GTE Representative lvIike, Lavender, TCACable,Representative L.,ICEN$E(TQ ',ENCROA.Q:H ..- .'..al'ublic, utility '. easemeIlt ,.Iocatcdnear the International House of Pancakes at 103 'College Avenue. (92-814) FROM: A ..PresltblUisSi()Il,c;onfereppe,'was .held .Wedne$day, ,August .'12, 1992 to . discuss ,the above mentiQned1ic~ns~ tQ~I).cr()ach.TheProject ReviewCommitt~efound no problems with the 'I]equestand recommended. approval. The QollegcStatiollQify Council.. will consider this lieenseto encro~ch ,at th~ir . regular meeting scheduled for Thllrsday,August 27, 1992 at 7:00pm in the City :Han Council Room located ,,'at 1101 Texas Avenue. v CITY. ATTORNEY .RECOMMENDATION: