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HomeMy WebLinkAbout8-27-81-7 - Resolution - 08/27/1981RESOLUTION NO. 8-27-81-7 WHEREAS, John Garner is a citizen residing at 701 Thomas Street, such property being more particularly described in the attached Exhibit "A", in the City of College Station, and WHEREAS, the lot above-described is platted is 100 feet x 100 feet, as shown upon a plat recorded at Volume 380, Page 103, of the Deed Records of Brazos County, Texas, and WHEREAS, John Garner purchased 20 feet of additional property from A.B. Nelson to plat said lot as 100 feet x 100 feet, and in the configuration shown on said plat, and subsequent to platting same, did resell the property to A.B. Nelson, which transaction is in violation of Chapter 9, Section 4, of the Code of Ordinances of the City of College Station, and whereas the Code provides that no building permits shall issue to or for a structure on such a lot, being an illegal subdivision, nor shall utilities, streets, or other city services be provided therefor, and WHEREAS, under the current circumstances the value of said property is severely reduced and the owner thereof is unable to sell the said property, and further is unable to repurchase the 20 feet in issue from A.B. Nelson, and the City Council desires to ameliorate the hardship resulting from the existing circumstances, which were caused in no part by the actions of the City, and WHEREAS, John Garner has agreed and admitted that the present circum- stances are in violation of the ordinances of the City and that the City is entitled to enforce same against him and his property in the absence of this resolution, and has further admitted that the circumstances presently existing are not the result of any fault, action, or non-action on the part of the City, and Mr. Garner has sought this action by the City Council of the City of College Station: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: That the City of College Station shall not hereafter enforce the provisions of Chapter 9, Section 4, against John Garner or the owner of the property described on the attached 03313 CONTINUED... RESOLUTION NO. 8-27-81-7 PAGE 2 Exhibit "A" which is incorporated herein by reference, and that this resolution may be pleaded in estoppel against the City in any attempted action relating to such en- forcement; but provided, however, that this resolution shall not affect any other property similarly situated. Any subsequent purchaser or a creditor may rely upon this resolu- tion as an offical act prohibiting the enforcement of Chapter 9, Section 4, against the property in question, and it is agreed that the said structure and property shall be treated as if it were in compliance with applicable setback regula- tions and provisions relating to the subdivision and plat- ting of lots in the City of College Station. It is provided, however, that this resolution shall only be effective in the event that John Garner shall purchase an additional 10 feet of property adjoining the rear of his lot, said strip being 75 feet in length starting from the East corner of said platted lot, which property is now owned by A.B. Nelson, and provided further that John Garner shall apply for the replatting of same in accordance with the usual procedures of the City of College Station. This resolution shall thereafter become effective upon acceptance of its terms in writing by John Garner by his signature attached hereto below that of the Mayor. The City Secretary shall affix his signature hereto upon determining that the purchase of said property as required herein has been com- pleted and that the replatting of the modified lot size and dimensions is complete. PASSED and APPROVED this the 27th day of August , 1981. ATTEST: