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HomeMy WebLinkAboutRES 960924-BB - Encroach Berry Creek Sect 11RESOLUTION NO. 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 CURTIS MICKAN, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE INTO THE PUBLIC UTILITY EASEMENT LOCATED ON THE SOUTH REAR PROPERTY LINE OF LOT 17 OF BERRY CREEK, SECTION ELEVEN, PHASE ONE, BLOCK A, AS RECORDED IN CABINET M, SLIDES 391- 393 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND LOCATED AT 119 POPPY HILLS COVE SOUTH; 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 Curtis Mickan 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 structure 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 structure is in such a manner that it would not be feasible to relocate it outside the public utility easement 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. Lot 17, Berry Creek, Section Eleven, Phase One, Block A License Resolution No.�L_BB Page 1 of 3 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 structure 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 17, Berry Creek, Section Eleven, Phase One, Block A License Resolution No. Wavy"- ato 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 Curtis Mickan, pertaining to the encroachment of a structure located on Lot 17 of Berry Creek, Section Eleven, Phase One, Block A, commonly known as 119 Poppy Hills Cove South, into the public utility easement on the south rear property line. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this c�wc day of �5 ��` �f�%`i� 1996. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee By: LEO WOOD City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Lot 17, Berry Creek, Section Eleven, P ase One, Block A License Resolution No. Page 3 of 3 Mayor EXHIBIT A 119 POPPY Hite COVE SOUTH 60 r� a _ / A\°Qj� ol i' •ENCROAQHMENT �j� �7.5' P U.E. — _ / �39>,--?9>– � ;ONC. HF AC W4'_ 1_ r:..__ 2U' B� 3D' ME r 9��� \ / / / M�391-39.5 m/39i .. 3a3, Sud N14.52 44"W 28.97'. -. X75'07'16"W 185.00' 28 1 S D.E. A Wes. gl� 0 9a ,Ba Exhi�if fi