HomeMy WebLinkAboutRES 960711-PRESOLUTION NO. (W
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 GARY L. CALLAWAY
AND DONNA E. CALLAWAY, PERTAINING TO THEENCROACHMENT
OF A DRIVEWAY INTO THE PUBLIC UTILITY EASEMENT LOCATED
ON THE WEST PROPERTY LINE OF LOT 13 OF AMENDED WOOD
RANCH, SECTION TWO, AS RECORDED IN CABINET K, SLIDES 267-
268 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND
LOCATED AT 214 LA MESA 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 Gary L. Callaway and Donna E. Callaway
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 driveway is in such a manner that it would not be feasible to relocate 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
. 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 driveway is in such a manner that it would not be feasible to
relocate it outside the public utility easement constitutes special circumstances and
Lot 13, Amended Wood �R`anch, Section Two
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License Resolution No. i w- /
Page 1 of 3
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 and
that it is not economically feasible to remove the part of the driveway 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
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.
Lot 13, Amended Wood Ranch,Section Two
License Resolution No. /
Page 2 of 3
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 Gary L. Callaway and
Donna E. Callaway, pertaining to the encroachment of a driveway located on Lot 13 of
Amended Wood Ranch, Section Two, commonly known as 214 La Mesa Lane, into the public
utility easement on the west property line.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this day ofLZ- , 1996.
ATT T: THE CITY OF GEORGETOWN:
Sandra D. Lee By: LEO WOOD
City Secretary Mayor
APPROVED AS TO FORM: 1
Marianne Landers Banks
City Attorney
Lot 13, Amended Wood Ranch, Section Two
License Resolution No. #�
Page 3 of 3
EXHIBIT A
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AMENDED WOOD.RANCH, SECTION TWO, LOT 13
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