HomeMy WebLinkAbout12-10-87-04 - Resolution - 12/10/1987RESOLUTION NO. 12-10-87-04
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
J.R. BIRDWELL, APPLICANT, PERTAINING TO THE ENCROACHMENT OF
A STRUCTURE LOCATED AT LOT 9-A POST OAK SUBDIVISION (1401
POST OAK CIRCLE) INTO THE EASEMENT.
WHEREAS, the City of College Station has received an ap-
plication for a license to encroach into a utility ease-
ment; and
WHEREAS, the City of College Station has enacted Ordinance
No. 1645, regulating, controlling and governing encroach-
ments; and
WHEREAS, J.R. Birdwell will authorize access to the utility
easement by his driveway; 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; and
WHEREAS, after hearing the application of J.R. Birdwell to
encroach into the easement, the City Council of the City of
College Station finds the following facts:
1. That there are utilities which may be interfered ,,,.
with by the utilization of the property in its
present status and Licensee will be required to
assume all risk of construction of the requested
greenhouse in the easement area.
That construction of the greenhouse should not
interfere with the utilization of the property in
.... ~. its present status and the applicant so warrants.
'. ~.'.' ~ 4. That the structure intrudes into the easement·
.,,. ~ 5. 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
~'._~3~:.~,~ future and is similar in use to that of the neigh-
,,,~- borhood.
~.~._~. WHEREAS, the City Council after hearing the application and
~l finding the specific facts as stated above now concludes and
.,"~ finds that: ....
06449
That the applicant will assume the risk of con-
structing within the easement area and will avoid
contact with the utilities in that area.
That the applicant will grant access to the utility
easement through the driveway.
That the land use is not likely to change within
the foreseeable future.
The fact that the use of the easement area by the
property owner/applicant may interfere with the
utilities but that the applicant agrees that he
will utilize the area in a way to avoid the util-
ities and will not utilize the area in a way that
is detrimental to the public health, safety or wel-
fare or injurious to other property in the area.
WHEREAS, the applicant agrees to accept the terms of the
license agreement as presented to him.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEGE STATION:
The Mayor is hereby authorized to execute on behalf of the
City of College Station a License Agreement with J. R. Bird-
well pertaining to the encroachment of a portion of a struc-
ture located at Lot 9-A Post Oak Subdivision (1401 Post Oak
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. ~
':-
'.~.-~ PASSED and APPROVED this the 10th day of December, 1987·
'-'~ APPROVED:
.., ~-~ ~
Cio SeCreCy