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HomeMy WebLinkAboutRES 960827-X - Encroach Parkview EstatesRESOLUTION NO. V& QO Q 7— /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 MICHAEL S. LUMMUS, PERTAINING TO THE ENCROACHMENT OF A PROPOSED FENCE INTO THE PLATTED DRAINAGE EASEMENT LOCATED ALONG THE WEST PROPERTY LINE AND A PORTION OF THE NORTH AND SOUTH PROPERTY LINES OF LOT 15, BLOCK C, SECTION 1 OF PARKVIEW ESTATES, AS RECORDED IN CABINET G, SLIDES 39-41 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND LOCATED AT 105 PECAN VISTA DRIVE; 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 Michael S. Lummus 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 construction will occur in such a manner that it would not be feasible to locate the fence 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 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 proposed fence will be a temporary encroachment and that it is not feasible to safely locate the fence outside the drainage easement does constitute special circumstances and conditions affecting the property which, if Lot 15, Block C, Section 1, Parkview Estates License Resolution No. Page 1 of 3 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 safely locate the fence outside 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 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. 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 Michael S. Lummus, pertaining to the encroachment of a proposed fence located on Lot 15, Block C, Section 1, Parkview Estates, commonly known as 105 Pecan Vista Drive into the platted drainage easement along the west property line and a portion of the north and south property lines. SECTION 3. This resolution shall be effective immediately upon adoption. Lot 15, Block C, Section 1, Parkview Estates License Resolution No. Page 2 of 3 RESOLVED this �j day of i' 1996. ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney THE CITY OF GEORGETOWN: By: hEO WOOD Mayor Lot 15, Block C, Section 1, Parkview Estates License Resolution No. Page 3 of 3 EXHIBIT A .10 Proposed fence in Drainage Easement 9 N �22Z N 1255 I I 2 ' 1 1/4' BL OCK C LOT 15 Il '1 28'-2 9/Vo II CNC4 CO Q1 I I r - Z LL r KAM 1145-8 d F.F. ELEV MIN 121-21 CO n ,gym ZrL 13'-X4'3/4' 1/4' 13'- I ----25' BL - ------ -- 1 I � e I � L___---- � 10, FJJE. N �26�0 L =00 I,' N 125.8 10S RECAN VISTA LANE 16