HomeMy WebLinkAboutRES 970128-XRESOLUTION NO. 9'IOA2 " �1
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 BENJAMIN P.
ELLIOTT, PERTAINING TO THE ENCROACHMENT OF A PROPOSED
FENCE INTO THE PLATTED DRAINAGE EASEMENT LOCATED ON
THE NORTH PROPERTY LINE OF LOT 20, BLOCK C, SECTION 1 OF
PARKVIEW ESTATES, AS RECORDED IN CABINET G, SLIDE 39 OF
THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND
LOCATED AT 207 PARQUE VISTA DRIVE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Georgetown has received an application for a license to encroach
into the 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 Benjamin P. Elliott to encroach into the
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 construction will occur in such a manner that it would not be feasible to
locate the fence 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
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 fence will be a temporary encroachment and that it is
not feasible to safely locate the fence outside the drainage easement does
constitute special circumstances and conditions affecting the property which, if
not taken into consideration, would deprive the applicant of the reasonable use of
their property. An ) X
Lot 20, Block C, Section 1, Parkview Estates License Resolution No.
Page 1 of 3
2. The fact that the land use is not likely to change within the foreseeable future and
that it is not economically feasible to safely locate the fence outside the 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 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.
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 Benjamin P. Elliott,
pertaining to the encroachment of a proposed fence located on Lot 20, Block C, Section 1,
Parkview Estates, commonly known as 207 Parque Vista Drive into the platted drainage
easement on the north property line.
SECTION 3. This resolution shall be effective immediately upon adoption.
Lot 20, Block C, Section 1, Parkview Estates License Resolution No.
Page 2 of 3
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RESOLVED this day of �-7"PUlW , 19919.7
ATTEST' THE CITY OF GEORG TOWN:
0
Sandra D. Lee By: LEO WOOD
City Secretary Mayor
A PROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Lot 20, Block C, Section 1, Parkview Estates License Resolution No. 7 70/ aV —lr
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.Exhibit 19
EXHIBIT A
PROPOSED FENCE
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DRIVE
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207 PARQUE VISTA DRIVE
ENCROACHMENT