HomeMy WebLinkAboutRES 950926-ZKESOLUTION NO. �♦50 9�2 & - 7, -
SMITH BRANCH BOULEVARD,*, ND ESTABLISHING �Tl
DATE.
WHEREAS, the City of Georgetown, has received an application for a license to encroach
into the side public utility 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 Gregory G. Hall to encroach into the side
public utility 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 its present status.
2. That there are no utilities which would interfere with the utilization of the
property in its present status.
3. That the proposed sidewalks intrude into the public utility easements to such a
degree that it is not economically feasible to remove the part of the structure
within the 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 similar to other uses in the neighborhood; and
WHEREAS, the City Council after hearing the application and finding the specific facts
2s st.9ted above now concludes and finds that:
The fact that it is not economically feasible to remove the part of the proposed
Smith Branch, Lots 1-23, Blk G License Resolution No.
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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 sidewalk within the
easement does provide a basis for granting the license necessary for the -
preservation and enjoyment of the substantial property rights of the applicants.
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3. The fact that the use of the easement area by the property owners does not in-
terfere 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 OIi;
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. "
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. That the Mayor is hereby authorized to execute on behalf of the City of
Georgetown a License Agreement with Gregory G. Hall, pertaining to the encroachment of
proposed sidewalks located at Lots 1-24, Block G, Smith Branch Park Subdivision, into the side
public utility easements.
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Smith Branch, Lots 1-23, Blk G License Resolution No. 1
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SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this c ' -/-/(day of J" i4eln Zet-
1995.
ATTE I T: THE CITY OF GEORG TOWN:
Sandra D. Lee By: LEO WOOD
City Secretary Mayor
APPROVED AS TO FORM:
i �Uy
City Attorney
Smith Branch, Lots 1-23, Blk- G License Resolution No.
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