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HomeMy WebLinkAboutRES 951212-S1-KESOLUTION NO. '751cZ !k % I 11111111 11,111[li 111111111 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- IP 4'c'� 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: � J)u e— City Secretary A 131P) ROVED ASTO FORM: fZ� 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 , IZ ftftft anti a N 0'2