04-9-92-6.7 - Resolution - 04/09/1992 !' - ' RESOLUTION NO. 4-9-92-6.7
'.' "-?~ A RESOLUTION ~ING CERTAIN FINDINGS OF FACT ~D AUTHO-
,..,., RIZING THE ~YOR OF THE CITY OF COLLEGE STATION TO EXE-
~_A~ CUTE A LICENSE AGREEMENT BETWEEN THE CITY OF COLLEGE
.,.~... ,{ STATION ~D APPLICANT SKRIV~EK HOME BUILDING CORPO~-
/,~ir TION, PERTAINING TO THE ENCROAC~ENT OF A STRUCT~E
_ S DO. H ZSH S,
CO,ONLY KNO~ AS 700 C~TERB~Y, INTO THE ~S~ENT.
..... I'.%~
....... ~ER~S, 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 Ordi-
i.;
, ........ nance No. 1645 regulating, controlling and governing
,, -., encroachments;
WHEREAS, in order for a license to be granted by the
7 City Council of the City of College Station, the Coun-
...,.,.:.. cil must make certain findings of facts;
'.-.. Home Building Corporation to encroach into the ease-
.,.--~ ment, the City Council of the City of College Station,
'"-"-':a~ finds the following facts:
ers, a portion of the structure was con-
-_ .~ structed in the utility easement.
',..'~. .... 2. That there are no utilities which would be
,,,,h.~ interfered with by the utilization of the
property in its present status
~ - 3. That there are no utilities which would in-
"~ terfere with the utilization of the property
.-.- - in its present status.
~r. 4. That the structure intrudes into the easement
".,. ,~ to such a degree that it is not economically
_~t-~ feasible to remove the part of the structure
~{3~"' within the easement.
Page 2
RESOLUTION NO. 4-9-92-6.7
That the land use in the neighborhood appears
to be stable and the use to which this prop-
erty is being put is not likely to change
within the foreseeable future and is similar
to the use to that of the neighborhood;
Se
WHEREAS, the City Council after hearing the application
and finding the specific facts as stated above now con-
cludes and finds that:
The fact that the structure was constructed
within the easement through no fault of the
present property owners and that it is not
economically feasible to remove the part of
the structure within the easement area does
constitute special circumstances and condi-
tions affecting the property which if not
take into consideration would deprive the ap-
plicants of the reasonable use of their prop-
erty.
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 owners 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 prop-
erty in the area.
WHEREAS, the applicants agree to accept the terms of
the license agreement as presented to them.
/}'.~-..~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF i~'{?
TH . c TY oF S A ON:
.;~..~.,~, RESOLUTION NO. 4-9-92-6.7 Page 3
; '/ :--
[,[~ ,.-- .'.-~ .'
,. >:-_., ._. -.
' "" I · ~ ,,Iii,,
'--;' __.
~'~'- half of the City of College Station a License Agreement
'"'"-'{ with Skrivanek Home Building Corporation pertaining to
~ '-"".,. the encroachment of a portion of a structure located at
Lot 1, Block 11, Brandon Heights, 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 pur-
,~. poses. ..~....
That this resolution shall be effective immediately
...--,~ upon adoption. .~----
i~'~, :',,..
~ .--2 ?'"""
:c · PASSED and APPROVED this 9th day of April, 1992. ?~-','.')
';'"__'"' ~. APPROVED:
:-: ;'~::'V
ATTEST:
.,-. ~,.
/ .~__~.'.
(:, '..~ '
...:..~,,
. !~ ,,,:,
{ .i"' "-. '.'--< ',.
.... Z~ t
,,~ o.~ Fz .
,,'~'.. . i~:,',',
' ,. ?i: '.';:. .!" .. ~ ~'i" ,'. .... - ..... .-.','r~ .'i"..,, .... '.: ,.-":-.'~-',':~,.:: ....
Hac^rt.hur Surveys ~
P.O. I~ox 4592
I~r~]l~ 'l'(-.x~,~ ?7805
{409) ?75 8609
700 CANTEPDU~Y DRIVE
LOC I, Block P..-~ven, BRANDON III.~I'C;,HI'$, an adc~fr./c;,n to tho C~y oF Co]lr~, Sc,qClon, ac~rdln~ to
the plat. reco~:k~d ~n Volume 1214, page 178, Of~c:t~t Rc-,coz't~ or BL'azc~ County, Texas.
~ James W. MacA~chur, Reqi~d Pr~fc~J~na] band Surveyor, No, 2089, do h,_'r~:b,! ce. rtlf¥ t]¥nt the
'l'hL~ fl,mt was r~pared rot tl~ [~toi~? of 'I']th, Survo¥ For Sklcl,A'm,,k Ilom,'~ & Kulotlv~mk.
Record Calls on lot l~nes. ~192-690
T ~_ are no w_~,l,~ er. crc~c;hments other than thc~.~ '~hown hereon.