HomeMy WebLinkAbout2-8-2007-2f - Resolution - 02/08/2007
RESOLUTION NO.2-8-2007-2f
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,
MATTHEW MOORE, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE
LOCATED AT LOT 10, BLOCK 2, WOOQLAND HILLS PHASE 1 SUBDIVISION, MORE
COMMONLY KNOWN AS 4421 WOODLAND RIDGE DRIVE, 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 MATTHEW MOORE to encroach into the
easement, the City Council of the City of College Station, finds the following facts:
1. That through no fault of the present property owner, a portion of the 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.
3. That there are no utilities which would interfere with the utilization of the
property in its present status.
4. 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.
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 easement through no fault of
the present property owner and 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 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.
Resolution No.2-S-2007-2f
Page 2
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
him; 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 MATTHEW MOORE pertaining to the encroachment of a portion of a
structure located at Lot 10, Block 2, Woodland Hills Phase 1 Subdivision, more commonly
known as 4421 Woodland Ridge Drive, 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 APPROVE
is Sth day of Februarv, 2007.
~
CONNIE HOOKS, City Secretary
APPROVED:
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RON SI IX, Mayor
APPROVED:
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City Attorney