08-9-90-8 - Resolution - 08/09/1990RESOLUTION NO. 8-9-90-8
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, G. RAY WHITE AND NANETTE RYAN
WHITE, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE
LOCATED AT LOT 14, BLOCK 27, SOUTHWOOD VALLEY SECTION
7-D, MORE COMMONLY KNOWN AS 2900 PIERRE PLACE, 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 Ordi-
nance No. 1645 regulating, controlling and governing
encroachments; and
WHEREAS, in order for a license to be granted by the
City Council of the City of College Station, the Coun-
cil must make certain findings of facts; and
WHEREAS, after hearing the application of G. Ray White
and Nanette Ryan White, 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 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.
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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
taken into consideration would deprive the
applicants of the reasonable use of their
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 ap-
plicants.
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
THE CITY OF COLLEGE STATION:
That the Mayor is hereby authorized to execute on be-
half of the City of College Station a License Agreement
with G. Ray White and Nanette Ryan White, pertaining to
the encroachment of a portion of a structure located at
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Lot 14, Block 27, Southwood Valley Section 7-D, 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 9th day of August , 1990.
APPROVED:
ATTEST:
City Secretary