HomeMy WebLinkAboutRES 200411-QRESOLUTION NO.
WHEREAS, the City CJ Georgetown has received 8D application for @ license b]encroach
into a twenty (20) foot public utility easement; and
WHEREAS, iOorder for 8license to be granted by the City Council of the City of
Georgetown, the Council must make certain findings of fact; and
WHEREAS, after hearing the application Of Affordable Housing Solutions for Florida, Inc.
to 8DC[O@Ch into 8 twenty (20) foot public UU|Uv 8@SgDlgOt, the City C0UOCi| of the City Of
Georgetown, Texas, finds the following facts:
That there are DO utilities which would be interfered with by the Ub|iz8tOO of the
property in the proposed manner.
2. That there are no utilities which would interfere with the utilization of the property in
the proposed manner.
3. That the encroachment iSiO such 8 manner that it would not be feasible UJlocate it
outside the public utility easement.
4. 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 Ch@Dg8 within the foreseeable future and is
compatible with other uses in the neighborhood; 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 encroachment iSiD such @ manner that it would not b8 feasible hD
locate it outside the public utility easement constitutes special circumstances and
conditions affecting the property which if not taken into consideration would deprive
the applicant Of the reasonable use Of their property.
2. The fact that the land use iS not likely k]change within the foreseeable future and
that it is not economically feasible to |OC8[e the eOC[O8ChDl8rd outside the public
utility 8838[O8Dt do provide 8 basis for granting the |iC8nSG necessary for the
preservation and enjoyment OftheSUbst8Dti@|pFOpedvhghLsOfthe@pp|iC8nt.
Georgetown Place, Block /\ Lot 1 and 2: License Resolution No.
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3. 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 them.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this resolution are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this
resolution implements the following policies of the Century Plan - Development Plan Element:
Growth and Physical Development Policy 1, which states: "The City will ensure that
future land use patterns provide economic, cultural, and social activities to all
residents, businesses and organizations, and the City's development process
encourages new and infill development;" and
2. Utilities/Energy Policy 2, which states: "The City will establish utility policies which
take into consideration the needs of all citizens of the community and take necessary
precautions to prevent harmful ecological impact to the environment;"
and further finds that the adoption of this resolution is not inconsistent or in conflict with any other
Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan.
SECTION 2. The Mayor is hereby authorized to execute, and the City Secretary to attest
thereto on behalf of the City of Georgetown a License Agreement with Affordable Housing Solutions
for Florida, Inc., pertaining to the encroachment of pavement, sidewalks, and curbing into a twenty
(20) foot public utility easement in 13.935 acres in the William Addison Survey to be known as
Georgetown Place, Block A, Lot 1 and 2, located on Quail Valley Drive east of Tower Drive.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this day of A0WIL 2000.
THE CITY OF GEORGETOWN:
A-1
Sandra D. Lee `By: MaryEllen Kersch
City Secretary Mayor
PROVED AS TO FORM:
,
Marianne Landers Banks
City Attorney
Georgetown Place, Block A, Lot 1 and 2: License Resolution No.
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J:\CUR-PLAN\CrrYCNCL\LICENSE\2000LIC\GP-A-1 &2.RES
Georgetown Place
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