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HomeMy WebLinkAboutRES 960423-Q - Encroachment StonehedgeRESOLUTION NO. l 1 • ! /• V Ilk PUBLIC UTILITY EASEMENTS AND DRAINAGE • 1 LOCATED ON THE REAR PROPERTY LINES OF LOTS 8-13 OF STONEHEDGE SUBDIVISION,i i TWO, MECORDED IN B1 11 OF i• OF !COUNTY,r LOCATED AT 204, 206, 300, 302, 304, AND 306 BELMONT DRIVE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has received an application for a license to encroach into the public utility easements and drainage easements; 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 the subject property owners to encroach into the public utility easements and drainage easements, 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 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: Multiple Lots Belmont Dr. License Resolution No. p..� Page 1 of 3 1. The fact that the public utility easements and drainage easements are located in such a manner that 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. 2. The fact that the land use is not likely to change within the foreseeable future 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 i• i 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 Mark or Pam Ramsey, Erich Klein, Daniel M. Dreps, Mark and Tina Boike, Lawrence E. Wren, and David Williams and Brenda Williams pertaining to the encroachment into the public utility easements and drainage easements located on the rear lot lines of Lots 8-13 of Stonehedge Subdivision, Block M, Section Two, commonly known as 204, 206, 300, 302, 304, and 306 Belmont Drive. Multiple Lots Belmont Dr. License Resolution No. Page 2 of 3 SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of 1996. ATTEST', Iti, Z, Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney THE CITY OF GEORGETOWN: By: ELIV, 117W -0 1 Mayor ""`x Page I Multiple Lots Belmont Dr. License Resolution No. 3 Page 3 of 3