08-8-96-6-f - Resolution - 08/08/1996C] so[ution
NO. 8-8-96-6-f
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 APPLICANTS, KENT MOORE AND DEBRA KAY
MOORE, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE
LOCATED AT LOT 8, BLOCK 17, PEBBLE CREEK, PHASE 2B, MORE
COMMONLY KNOWN AS 6014 AUGUSTA CIRCLE, 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 KENT MOORE and DEBRA
KAY MOORE 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 owners, a portion of
a structure was constructed in the utility easement.
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.
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.
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:
The fact that the structure was constructed within the ease-
ment through no fault of the present property owner and that
Resolution No. 8-8-96-6-f
Page 2
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 applicants of
the reasonable use of his property.
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 applicants.
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 applicants 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:
That the Mayor is hereby authorized to execute on behalf of the City of
College Station a License Agreement with KENT MOORE and DEBRA
KAY MOORE pertaining to the encroachment of a portion of a structure
located at Lot 8, Block 17, Pebble Creek, Phase 2B, more commonly
known as 6014 Augusta Circle, 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.
FAssED ~.?n~l APPROVED this
AT.rEST:
Cc~:i'e !-;Ooks, City Secretary
8th
__ day of AUGUST ,1996.
APPROVED:
Lynh~Vlcllhaney, Mayor ~-
Joe Orr, Inc.
Survo~rs & Engit,~ers
2167 Post Oak Circle
College Station, TX 77845
(409) 690-3378
Easemem Encroachment
Lot 8 Block 17
Pebble Creek Phase 2B
College Station, Texas
15 January 1996
All that certain tract or parcel of land lying and being situated in the S.W. Robertson
Survey in College Station, Brazos County, Texas, being a part of Lot 8 in Block 17 of
Pebble Creek Phase 2B addition to the City of College Station, Texas, according to plat of
record in Volume 2079, Page 63 of the Official Records of Brazos County, Texas, and
being more particularly described as follows:
Commencing at an iron rod set in the northwest line of Augusta Circle at the common
comer of Lots 7 and 8 in Block 17 of the said Pebble Creek phase 2B.
Thence N 27° 27' 24" W - 47.5 feet along the line between the said Lots 7 and 8;
Thence N 62° 32' 36" E - 5.0 feet to the POINT OF BEGINN12qG of this tract;
Thence N 27° 27' 24" W - 90.0 feet parallel to and five feet from the line between the said
Lots 7 and 8 to the most westerly comer of this tract;
Thence N 62° 32' 36" E - 5.0 feet to the most northerly comer of this tract on the
northeast line of a drainage and utility easement;
Thence S 27° 27' 24" E - 90.0 feet along the northeast line of said utility easement,
parallel to and ten feet from the line between the said Lots 7 and 8, to the most easterly
comer of this tract;
Thence S 62° 32' 36" W - 5.0 feet to the Point of Beginning and containing 450 square
feet of land more or less.
EXHIBIT A - Page 4
JOE ORR, INC.
SURVEYORS ~ ENGINEEF~S
2167 POST OAK CIRCLE
COLLEGE STATION, TEXAS
Lot 7
0
1!
23.44'
S 62°32'36" W
20" Utility Easement
N 62°33'45" E - 183.54'
40' Building Line
Lot 8. Block 17
Pebble Creek Phose 2B
House
Area of Proposed~
License to Encr
Woll
Conc. Drive
Lot 9
~ ~ Conc. Drive
Z~- 8° 25'
J 122 04,~O-z~--~
Augusta Circle
EXHIBIT A - Page 5