HomeMy WebLinkAbout03-26-87-12 - Resolution - 03/26/1987RESOLUTION NO. 3-26-87-12
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZ-
ING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A
LICENSE AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND
APPLICANT, FEDERAL HOME LOAN MORTGAGE CORPORATION, PER-
TAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT
12, BLOCK 10, WOODSON VILLAGE FIFTH INSTALLMENT, SECTION
1, INTO THE EASEMENT.
WHEREAS, the City of College Station has received an
application for a license to encroach into a utility ease-
ment; and
WHEREAS, the City of College Station has enacted Ordinance
No. 1645, regulating, controlling and governing encroach-
ments; and
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; and
WHEREAS, after hearing the application of Federal Home
Loan Mortgage Corporation to encroach into the easement,
the City Council of the City of College Station finds the
following facts:
Through no fault of the present property owner a
portion of the structure was constructed in the
utility easement.
J
That there are no utilities which would be inter-
fered with by the utilization of the property in
its present status.
That there are no utilities which would interfere
with the utilization of the property in its pre-
sent status.
That the structure intrudes into the easement to
such a degree that it is not economically feas-
ible to remove the part of the structure within
the easement.
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 in use to that
of the neighborhood.
n06103
prive the applicant of the reasonable use of his '~'
property. ~- ~
2. The fact that the land use is not likely to change .---
within the forseeable future and that it is not ,~ ......
lll..~l
economically feasible to remove the part of the
structure within the easement does provide a basis
for granting the license necessary for the preser-
vation and enjoyment of the substantial property
right of the applicant.
o
The fact that the use of the easement area by the
property owner does not interfere with the utili-
ties or access to the utilities and is not detri-
mental to public health, safety or welfare or
injurious to other property in the area.
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:
The the Mayor is hereby authorized to execute on behalf of
the City of College Station a License Agreement with
Federal Home Loan Mortgage Corporation pertaining to the
encroachment of a portion of a structure located at Lot 12,
Block 10, Woodson Village Fifth Installment, Section 1,
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.
06 04
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~ That this resolution shall be effective immediately upon ~_~/
::1:~1,,,,.~4 ado tlon. I_ ,,,,
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~] PASSED, ADOPTED, and ~PROVED this the 26th day
~ of March , 1987.
ATTE S T: ~.~ ....
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