HomeMy WebLinkAboutRES 200822-MRESOLUTION NO. .. 1 ♦'
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WHEREAS, the City of Georgetown has received an application for a license to encroach
into a portion of the platted ten (10) foot public utility easement; and
WHEREAS, in order for a license 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 Steven Brink to encroach into the platted ten
(10) foot public utility easement to allow a driveway to a side entry garage, the City Council of the
City of Georgetown, Texas, finds the following facts:
1. That there are no utilities which would be interfered with by the utilization 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 is in such a manner that it would not be feasible to locate
it outside the public utility and access 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 change 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 is in such a manner that it would not be feasible to
locate it outside the public utility and access easements 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 to change within the foreseeable future and
that it is not economically feasible to locate the encroachment outside the public
utility and access easement do provide a basis for granting the license necessary
for the preservation and enjoyment of the substantial property rights of the
applicant.
Berry Creek, Section Nine, Phase I, Lot 1 : License Resolution No. 20(9922 Page 1 of 2
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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 Steven Brink, pertaining to
the encroachment into a platted ten (10) foot public utility easement in Lot 1, Berry Creek, Section
Nine, Phase 1, located at 30509 La Quinta Drive.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this '� 2000.
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ATTEST,f, E CITY OF GEORG TOWN:
Sandra D. Lee MaryEllen Kersch
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Berry Creek, Section Nine, Phase 1, Lot I : License Resolution No. C�2009422 -M Page 2 of 2
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