HomeMy WebLinkAbout07-14-88-08 - Resolution - 07/14/1988RESOLUTION NO. 7-14-88-08
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZ-
ING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A
LICENSE AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND
APPLICANTS, LARS GARRISON AND MARY KAREN GARRISON REYER,
PERTAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT
LOT 15, BLOCK 8, SOUTHWOOD SUBDIVISION, SECTION 7, INTO THE
EASEMENT.
WHEREAS, the City of College Station has received an appl~-
cat~on for a license to encroach ~nto a utxllty easement;
and
WHEREAS, the City of College Statxon has enacted Ordinance
No. 1645 regulatxng, controlling and governing encroach-
ments; and
WHEREAS, in order for a 1xcense to be granted by the C~ty
Councxl of the City of College Station, the Council must
make certaxn findings of facts; and
WHEREAS, after hearxng the application of Lars Garrison and
Mary Karen Garrison Reyer 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 the structure was constructed ~n the
utility easement.
That there are no ut~l~txes whxch would be inter-
fered with by the utilization of the property xn
its present status.
e
That there are no utll~txes which would Interfere
with the utilization of the property in its pres-
ent status.
®
That the structure ~ntrudes into the easement to
such a degree that it is not economically feasxble
to remove the part of the structure wxthln the
easement.
That the land use in the neighborhood appears to
be stable and the use to whxch this property xs
being put is not likely to change wlthxn the fore-
seeable future and ~s s~mllar in use to that of ~.~
the neighborhood.
6768
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 prop-
erty owners and that it is not economically feas-
ible to remove the part of the structure within
the easement area does constitute special circums-
tances and conditions affecting the property which
if not taken ~nto consideration would depr~ve the
applicants 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 w~thln the easement does provide a bas~s
for granting the license necessary for the preser-
vation 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 w~th the utili-
ties or access to the utilities and is not detri-
mental to the public health, safety or welfare or
injurious to other property ~n 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 behalf of
the City of College Station a Llcense Agreement with Lars
Garrison and Mary Karen Garrison Reyer pertaining to the
encroachment of a port~on of a structure located at Lot 15,
Block 8, Southwood Subdivislon, Section 7, into the ease-
ment area. The terms of said License Agreement are as set
forth ~n the form which is attached hereto as Exhibit "A"
and ~ncorporated herein by reference for all purposes.
- 2 -
06769
"%".,_":.-d_ ~:/
That this resolution shall be effective immediately upon
adopt ~on.
PASSED, ADOPTED and APPROVED th~s the 14th day of
July , 1988.
APPROVED:
ATTEST
elfy/~t~r e~, ar y ~.___ _
ill-
- 3 -
;06770