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HomeMy WebLinkAboutRES 980623-SRESOLUTION NO. W801-Pa3-5; -- 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 TO ENCROACH INTO THE ASH STREET PUBLIC RIGHT OF WAY FOR HUGHES ADDITION, BLOCK 2, LOCALLY KNOWN AS FIRST UNITED METHODIST CHURCH, AS RECORDED IN VOLUME 402 PAGE 55, OF THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND LOCATED AT THE 410 EAST UNIVERSITY AVENUE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has received an application for a license to encroach into the Ash Street public right-of-way; 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 Hughes Addition, Block 2, 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 proposed handicapped rail and ramp is to be utilized in such a manner that it would not be feasible to relocate it outside the public right-of- way. 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: 1. The fact that the proposed handicapped rail and ramp is to be utilized in such a manner that it would not be feasible to relocate it outside the right-of- way 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. Hughes Addition, Block 2, First United Methodist Church License Resolution No. 9�m?a 3 — S Page 1 of 3 Z:\CUR PLAN\CITYCNCL\LICENSE\HUGHES2.RES 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 building that encroaches into the right-of-way 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 right-of-way 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 to encroach into the right of way 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. 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 to encroach into the Ash Street public right of way for Hughes Addition, Block 2, for the construction of a handicapped rail and ramp. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this =- day of 1998. Hughes Addition, Block 2, First United Methodist Church License Resolution No. ?" Z3 --S Page 2 of 3 Z:\CUR PLAN\CITYCNCL\LICENSE\HUGHES2.RES ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne La ders Banks City Attorney THE CITY OF GEORGETOWN:— - By. LEO WOOD Mayor Hughes Addition, Block /2,First United Methodist Church License Resolution No. 98o&a3 — S Page 3 of 3 Z:\CUR-PLAN\CITYCNCL\LICENSE\HUGHF-S2.RF-S UNIVERSITY AVENUE Y ADDITION 17es. VO&; 3- s Exhibit 14 EXHIBIT A I ,I w .i , I SANCTUARY I , I 'PROPOSED HANDICAPPED ' 3RAMP AND RAIL ` W RAMP U) I I 1 �EItiISTQLt_ i3 ill i .j