Loading...
HomeMy WebLinkAbout01-25-96-C-2 - Resolution - 01/25/1996(Rso [ufion 7-25-96-C-2 . 1-25-96-C-2 A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHO- RIZING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXE- CUTE A LICENSE AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND APPLICANT, SOUTHWEST POINTE LIMITED PARTNERSHIP, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 1, WINDSOR POINTE, MORE COMMONLY KNOWN AS 2500 CENTRAL PARK LANE, 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 SOUTHWEST POINTE LIMITED PARTNERSHIP to encroach into the easement, the City Council of the City of College Station, finds the following facts: 1. Through no fault of the present property owner, a portion of a structure was constructed in the utility easement. 2. That there are no utilities which would be interfered with by the utilization of the property in its present status. That there are no utilities which would interfere with the uti- lization of the property in its present status. 4. That the structure intrudes into the easement to such a de- gree that it is not economically feasible to remove the part of the structure within the easement. 5. 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 City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: 1. The fact that the structure was constructed within the ease- ment through no fault of the present property owner and that it is not economically feasible to remove the part of the i Resolution No. 1-25-96-C-2 Page 2 structure within the easement area does constitute special circumstances and conditions affecting the property which if not take 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 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 WHEREAS, the applicant agrees to accept the terms of the License Agreement as presented to it; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: I. That the Mayor is hereby authorized to execute on behalf of the City of College Station a License Agreement with SOUTHWEST POINTE LIMITED PARTNERSHIP pertaining to the encroachment of a portion of a structure located at Lot 1, Windsor Pointe, more commonly known as 2500 Central Park Lane, 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. II. That this resolution shall be effective immediately upon adoption. PASSED and APPROVED this ATTEST: C:06-1(L14 Connie Hooks, City Secretary Larry fi day of January, 1996. APPROVED: