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Home My WebLink About6-25-98-5-h - Resolution - 06/25/1998 (3)q so[ution RESOLUTION NO. 6-25-98-5-h 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, AGGIE INNS II, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 9, BLOCK 1, TAUBER ADDITION, INTO THE EASEMENT. WHEREAS, the City of College Station has received an application for a license to encroach into a utility easement; and WHEREAS, the City of College Station regulates encroachments upon easements pursuant to Chapter 3, Section 4, of the Code of Ordinances of the City of College Station; and 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 as set out in said Chapter 3, Section 4, of the Code of Ordinances; and 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 easement through no fault of the present property owner and that 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 taken into consideration would deprive the applicant of the reasonable use of its 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 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;