01-25-96-C-2 - Resolution - 01/25/1996 (2)Cl s utiort
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:
Through no fault of the present property owner, 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
it is not economically feasible to remove the part of the
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.
o
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.
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:
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 o~ff-"~day of January, 1996.
ATTEST:
nnie Hooks, ~ry
APPROVED:
Larry""Rir~g~r