HomeMy WebLinkAboutRES 970624-URESOLUTION NO.
g1706 CZ I/ - v
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 JAMES E. AND DIANE
T. BREEDING; PERTAINING TO THE ENCROACHMENT OF AN
ACCESSORY BUILDING INTO THE TEN (10) FOOT WIDE PUBLIC
UTILITY EASEMENT, LOCATED ON THE REAR PROPERTY LINE OF
LOT 12, BLOCK D OF RIVER BEND SUBDIVISION, UNIT III, AS
RECORDED IN CABINET C, SLIDES 156-159 OF THE PLAT RECORDS
OF WILLIAMSON COUNTY, TEXAS AND LOCATED AT 3017 ADDIE
LANE; 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 James E. And Diane T. Breeding 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 accessory building is in such a manner that it would not be possible to
locate 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
Lot 12, Block D, River Bend Subdivision, Unit III, License Resolution No.
Page 1 of 3
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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 accessory building is in such a manner that it would not be
possible to locate it outside the 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 accessory building 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 interfer e
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 12, Block D, River Bend Subdivision, Unit III, License Resolution No. ` '70 ,Zcl_
Page 2 of 3
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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 James E. and Diane T.
Breeding pertaining to the encroachment of an accessory building into the ten ( 10) foot wide
Public Utility Easement, located along the rear property line of Lot 12, Block D, River Bend
Subdivision, Unit III, commonly known as 3017 Addie Lane.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this day of
ATTE T:
'Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
i u lie , 1997.
Lot 12, Block D, River Bend Subdivision, Unit III, License Resolution No.
Page 3 of 3
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THE CITY OF GEORGETOWN:
By: LEO WOOD
Mayor
?70 & .2V v
UNIT B
RIVER BEND, UNIT III, BLOCK D, LOT 12
Enaoachment into building
line setback
1' 0"'S 35'34'43"
- _
E 79.29'
(S 36'31'00"
---_-_
F 80.00')
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%j'es 970& zi/- v