HomeMy WebLinkAboutRES 970513-SRESOLUTION NO.
97o5/z-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 J. BRUCE AND MEG M.
MORNING; PERTAINING TO THE ENCROACHMENT INTO THE SEVEN
AND ONE HALF (7 1/2) FOOT WIDE DRAINAGE EASEMENT LOCATED
ON THE EAST PROPERTY LINE OF LOT 15, BLOCK F OF PARKVIEW
ESTATES, SECTION 1, AS RECORDED IN CABINET G, SLIDES 39-41 OF
THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND
LOCATED AT 108 PARQUE COVE; 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 J. Bruce and Meg M. Morning 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 fence is in such a manor that it would not be possible 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
Lot 15, Block F, Parkview Estates, Section 1, License Resolution No. V70 D 13-.5
Page 1 of 3
Z:\CUR PLAN\CITYCNCL\LICENSE\109PARQC. 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 manor that it would not be possible to locate it
outside the drainage easement constitutes special circumstances and conditions
affecting the property which if not taken into consideration would deprive the
applicants 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 situate the fence that encroaches into 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 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 applicants agree 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 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.
Lot 15, Block F, Parkview Estates, Section 1, License Resolution No. 117051.3 D51✓ --5
Page 2 of 3
ZACUR PLAN\CITYCNCL\LICENSE\108PARQC.RES
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 J. Bruce and Meg M.
Morning pertaining to the encroachment into the seven and one half (7 t/a) foot wide drainage
easement located on the east property line of Lot 15, Block F of Parkview Estates, Section 1,
commonly known as 108 Parque Cove.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this /3'2�—day of 1997.
ATTE�ST: THE CITY OF GEORG TOWN:
Sandra D. Lee By: tEO WOOD
City Secretary
APPROVED AS TO FORM
��AriaersBanks
City Attorney
Lot 15, Block F, Parkview Estates, Section 1
Page 3 of 3
ZACUR PLAN\CITYCNCL\LICENSE\108PARQC. RES
Mayor
License Resolution No. �7D9S 3 _ S
EXHIBIT A
108 PARQUE COVE
PARQUE COVE
(50 • R. 0.
(A -49.89'R-50.00' \.
C-5 40-J8'I5.E 4,7. E5
A-49.88' R-50.00'
C -S 40°38.15-E 47.84•
/ W ,o
Cb
`. . DRIVE _
2 22 6'
PROPOSED ENCROACHMENT
l '
��, •� j /�i 7Y 2 S TORY
/ ool
a
29.0' O
• o
woos 4c ��•�r'�•'
L 0 T 15 oECn"
F
-H --
..' N 41° 44.03-W iED7.5.5
(N 41'41"45'W i67.60')
t•-
des g AD ,513 s
,Exh%bit A