HomeMy WebLinkAboutRES 951212-S1-KESOLUTION NO. '751cZ
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WHEREAS, the City of Georgetown, has received an application for a license
encroach into the public utility easement on Hacienda Lane; and I
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 Clifford and Nancy Friesen to encroach inize
the public utility easement on Hacienda Lane, the City Council of the City of Georgetow
Texas, finds the following facts: i
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 fence will intrude into the public utility easement to such a
degree that it is not economically feasible to move 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
is stated above now concludes and finds that:
1. The fact that it is not economically feasible to move the part of the proposed
fence within the easement area constitutes special circumstances and conditions
affecting the proverty which if not taken into consideration would deprive the ap-
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30107 Briarcrest License Resolution No. /16� J /
Page I of 3
plicants 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 move the part of the structure 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.
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
VMEREAS, 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 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."
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 Clifford and Nancy Friesen, pertaining to the
encroachment of a proposed fence located at Lot 22, Block B, Berry Creek Subdivision, Section
Four, into the public utility easement on Hacienda Lane.
30107 Briarcrest License Resolution No.
Page 2 of 3
SECTION 3. This resolution shall be effective immediately upon adoption.
1 " 1995.
RESOLVED this —/ L--�--day of j
ATTEST:
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City Secretary
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ROVED ASTO FORM:
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Marianne Landers Banks
City Attorney
30107 Briarcrest License Resolution No. 951c?- /"a
Page 3 of 3
THE CITY OF GEORG7
)OWN:
By: ILEO WOOD
Mayor
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