HomeMy WebLinkAboutRES 980512-SRESOLUTION NO. !�,d3w? — s
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, MAKING CERTAIN FINDINGS OF FACT AND
AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT
BETWEEN THE CITY OF GEORGETOWN AND SIDNEY A. AND
ELIZABETH K. ALLEN, PERTAINING TO THE ENCROACHMENT OF
AN EXISTING CONCRETE PLANTER INTO THE PUBLIC UTILITY
EASEMENT LOCATED ON THE REAR PROPERTY LINE OF LOT 3,
BLOCK E, OF COUNTRY CLUB ACRES, AS RECORDED IN CABINET
B, SLIDES 8-10 OF THE PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS AND LOCATED AT 1100 COUNTRY CLUB ROAD; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown has received an application for a license to encroach
into the 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 Sidney A. and Beth K. Allen to encroach into
the public utility 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 existing concrete planter is in such a manner that it would not be feasible
to relocate 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 change within the foreseeable future and
is compatible with other uses in the neighborhood; and
Country Club Acres, Block E, Lot 3, Page 1 of 3
License Resolution No.
h\CUR PLAN\CITYCNCL\LICENSEk1100CCRD.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 existing concrete planter is in such a manner that it would not be
feasible to relocate 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 to change within the foreseeable future and
that it is not economically feasible to remove the part of the existing structure that
encroaches into the public utility 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 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:
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
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.
Country Club Acres, Blocic E, Lot 3,
License Resolution No. Yff 0,5Z42 — S
t:\CUR PLAN\CITYCNCL\LICENSE\1IODCCRD.RES
Page 2 of 3
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 Sidney A. And Elizabeth
K. Allen, pertaining to the encroachment of a concrete planter located on Lot 3, Block E of
Country Club Acres, commonly known as 1100 country Club Road, into the public utility
easement on the rear property line.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this 12- day of /h 14 y , 1998..
ATTEST: THE CITY OF GEORGETOWN:
A
7 F
Sandra D. Lee BY: UEO
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Country Club Acres, Block E, Lot 3,
License Resolution No.
JACUR PLAN\CITYCNCL\LICENSE\1100CCRD.RES
Page 3 of 3
EXHIBIT 'A
1100 Country Club Road
tU' (559 X39
i~ 5-f-u�3corc ranrEA— f
-- - Area o
Encroachment
i,
STE 3NF.D
N I i I
I
C'I
W I -
C-VERED n
• I :wp00 DECK I
.. I
1100 CouNTgy CLUB ROAD I
Df+E 5,OfiY FFkME 3RICK`.NSER I
j - i �30'B.C.(PfSiKlCvvl+�% O
`5R)( -K FLANTE a,
1 i COw- DRI•/E
N 00- �• y N O± W \ G8
A-3.45') I� S8•GS W N 54. O• W) •:vr -
wr G
R'
GOU?4TRY CLUB ROAD