05-23-90-04 - Resolution - 05/23/1990RESOLUTION NO. 5-23-90-04
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHO-
RIZING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXE-
CUTE A QUIT CLAIM DEED TO ABANDON A PORTION OF A UTIL-
ITY EASEMENT LOCATED AT LOT 21, BLOCK 3, REVISED SOUTH-
WOOD SECTION 5 (1810 HONDO) IN THE CITY OF COLLEGE
STATION.
WHEREAS, the City of College Station, has received an
Application for the Vacation of a Portion of a Public
Utility Easement located at the southeast side of Lot
21, Block 3, Revised Southwood Section 5 (1819 Hondo
Drive);
WHEREAS, in order for a portion of a utility easement
to be abandoned by the City Council of the City of
College Station, the Council must make certain findings
of facts;
WHEREAS, after hearing the Application for the Vacation
the City Council of the City of College Station, finds
the following facts:
mo
Through no fault of the present property own-
ers, a portion of the structure was con-
structed 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 in-
terfere with the utilization of the property
in its present status.
That the structure intrudes into the easement
to such a degree 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 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;
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 as
presented to them.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF COLLEGE STATION:
That the Mayor is hereby authorized to execute on be-
half of the City of College Station a Quit Claim Deed
to Walter Wendler, et ux Mary Lou Wendler, abandoning a
portion of the public utility easement at the southeast
side of Lot 21, Block 3, Revised Southwood Section 5
(1810 Hondo)·
II.
That this resolution shall be effective immediately
upon adoption.
PASSED and APPROVED this 23rd day of May, 1990.
APPROVED:
ATTEST:
Cit~ Secretary