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HomeMy WebLinkAboutRES 990622-U - Encroach Katy CrossingNESOLUTION NO. WHEREAS, the City of Georgetown has received an application for a license to encroach into the platted drainage 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 Daniel E. Thomasson to encroach into the platted drainage easement, 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 fence is in such a manner that it would not be feasible to locate it outside the drainage 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 A Planned Unit Development of Katy Crossing, Section Three-B, Block A, Lot 33: License Resolution No. W06 22 –Y— Page I of 3 JACUR-PLANkCITYCNCULICENSEXI 999LICXKC3B-A33.RES WHEREAS, the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: 1 The fact that the fence is in such a manner that it would not be feasible to locate it outside the platted drainage easement constitutes special circumstances and conditions affecting the property which if not taken into consideration would deprive the applicant of the reasonable use of his 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 fence outside the platted drainage easement does provide a basis for granting the license necessary for the preservation and enjoyment of the substantial property rights of the applicant. 3. The fact that the use of the easement area by the property owner does not interfere with the drainage, 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 him. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CIT-1 • 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: 1 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 A Planned Unit Development of Katy Crossing, Section Three-B, Block A, Lot 33: License Resolution No.ffola Z?-- 6e Page 2 of 3 JACUR-PLANNC1TYCNCL\L10ENSE1 999LIMMM-A33RES 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 Daniel E. Thomasson, pertaining to the encroachment a fence into a portion of the platted seven and one half (7 Y2) foot and fifteen (15) foot drainage easements on the west and south property lines of A Planned Unit Development of Katy Crossing, Section Three-B, Block A, Lot 33, located at 175 Tanner Circle. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this 2&d day of 1999. AT T W: THE CITY OF GEORGETOWN: Sandra D. Lee By: MaryEllen Kersch City Secretary Mayor APPROVED AS TO FORM: Ilk Marianne Landers Banks City Attorney A Planned Unit Development of Katy Crossing, Section Three-B, Block A, Lot 33: License Resolution No. qd? 06, Z Page 3 of 3 JACUR-PLANICITYCNCLUCENSMI 999L1CWC3B-A33.RES O F*"w MH V. 175 Tanner Circle '= 20' TANNER CIRCLE (50' ROW) 0 1/2- SCALE: V PIN FOUND 1/2- PIN SET = 6.0' BOARD FENCE = 'MRE FENCE I if "- - - I I -4 ----------------- , t // t � Areas of Encroachment* 101' 33 BLOCK "A" ON aw -0, R gggf et2 N T