HomeMy WebLinkAboutRES 970624-L - Encroach Parkview EstatesRESOLUTION NO.l-
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 MARK D. AND
JOLANDA W. FLEITMAN; PERTAINING TO THE ENCROACHMENT OF
A SIX (6) FOOT PRIVACY FENCE INTO THE TEN (10) FOOT WIDE
DRAINAGE EASEMENT LOCATED ON THE REAR (WEST) PROPERTY
LINE, PROVIDED THE BOTTOM OF THE FENCE IS INSTALLED FOUR
(4) INCHES ABOVE FINISH GRADE TO ALLOW FOR THE FLOW OF
SURFACE DRAINAGE OFF THE LOT, AND INTO THE TEN (10) FOOT
WIDE PUBLIC UTILITY EASEMENT (PUE) LOCATED ON THE NORTH
(SIDE) PROPERTY LINE, PROVIDED THE FENCE IS CONSTRUCTED
TO PROVIDE TEN (10) FOOT REMOVABLE PANELS RUNNING ACROSS
THE PUE IN ORDER TO PROVIDE ACCESS TO THE LOT WITHOUT
DAMAGING THE FENCE, OF LOT 1, BLOCK A OF PARKVIEW
ESTATES, SECTION 1, AS RECORDED IN CABINET G, SLIDES 39-41 OF
THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND
LOCATED AT 201 GANN STREET; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Georgetown has received an application for a license to encroach
into the drainage easement and 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 Mark D. And Jolanda W. Fleitman to
encroach into the drainage easement and 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 fence is in such a manner that it would not be possible to locate it outside
the drainage easement and 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
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 possible to locate
it outside the drainage easement and public utility 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 and 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 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;"
Lot 1, Block A, Parkview Estates, Section 1, License Resolution No.
Page 2 of 3
J:\CUR PLAN\CITYCNCL\LICENSE\201GANN.RES
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 Mark D. And Jolanda W.
Fleitman pertaining to the encroachment of a six (6) foot privacy fence into the ten (10) foot wide
Drainage Easement located along the rear property line, provided the bottom of the fence is
installed four (4) inches above the finish grade to allow for the flow of surface drainage off the
lot, and into the ten (10) foot wide public utility easement located on the north (side) property line
provided the fence is constructed to provide ten (10) foot removable panels running across the
PUE to allow access to the lot without damaging the fence, of Lot 1, Block A, Pa rkview Estates,
Section 1, commonly known as 201 Gann Street.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this day of
ATT 'T:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Lot 1, Block A, Parkview Estates, Section 1, License Resolution No.
Page 3 of 3
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1997.
THE CITY OF GEORGETOWN:
By: �i-EO WOOD
Mayor
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