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HomeMy WebLinkAbout08-8-96-6-f - Resolution - 08/08/1996C] so[ution NO. 8-8-96-6-f 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, KENT MOORE AND DEBRA KAY MOORE, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 8, BLOCK 17, PEBBLE CREEK, PHASE 2B, MORE COMMONLY KNOWN AS 6014 AUGUSTA CIRCLE, 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 KENT MOORE and DEBRA KAY MOORE 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 owners, 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 Resolution No. 8-8-96-6-f Page 2 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 take into consideration would deprive the applicants of the reasonable use of his 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 applicants. 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 applicants 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 KENT MOORE and DEBRA KAY MOORE pertaining to the encroachment of a portion of a structure located at Lot 8, Block 17, Pebble Creek, Phase 2B, more commonly known as 6014 Augusta Circle, 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. FAssED ~.?n~l APPROVED this AT.rEST: Cc~:i'e !-;Ooks, City Secretary 8th __ day of AUGUST ,1996. APPROVED: Lynh~Vlcllhaney, Mayor ~- Joe Orr, Inc. Survo~rs & Engit,~ers 2167 Post Oak Circle College Station, TX 77845 (409) 690-3378 Easemem Encroachment Lot 8 Block 17 Pebble Creek Phase 2B College Station, Texas 15 January 1996 All that certain tract or parcel of land lying and being situated in the S.W. Robertson Survey in College Station, Brazos County, Texas, being a part of Lot 8 in Block 17 of Pebble Creek Phase 2B addition to the City of College Station, Texas, according to plat of record in Volume 2079, Page 63 of the Official Records of Brazos County, Texas, and being more particularly described as follows: Commencing at an iron rod set in the northwest line of Augusta Circle at the common comer of Lots 7 and 8 in Block 17 of the said Pebble Creek phase 2B. Thence N 27° 27' 24" W - 47.5 feet along the line between the said Lots 7 and 8; Thence N 62° 32' 36" E - 5.0 feet to the POINT OF BEGINN12qG of this tract; Thence N 27° 27' 24" W - 90.0 feet parallel to and five feet from the line between the said Lots 7 and 8 to the most westerly comer of this tract; Thence N 62° 32' 36" E - 5.0 feet to the most northerly comer of this tract on the northeast line of a drainage and utility easement; Thence S 27° 27' 24" E - 90.0 feet along the northeast line of said utility easement, parallel to and ten feet from the line between the said Lots 7 and 8, to the most easterly comer of this tract; Thence S 62° 32' 36" W - 5.0 feet to the Point of Beginning and containing 450 square feet of land more or less. EXHIBIT A - Page 4 JOE ORR, INC. SURVEYORS ~ ENGINEEF~S 2167 POST OAK CIRCLE COLLEGE STATION, TEXAS Lot 7 0 1! 23.44' S 62°32'36" W 20" Utility Easement N 62°33'45" E - 183.54' 40' Building Line Lot 8. Block 17 Pebble Creek Phose 2B House Area of Proposed~ License to Encr Woll Conc. Drive Lot 9 ~ ~ Conc. Drive Z~- 8° 25' J 122 04,~O-z~--~ Augusta Circle EXHIBIT A - Page 5