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HomeMy WebLinkAboutRES 940111-J - Agmt Wright/ EncroachmentRESOLUTION NO._ q op j� 4: 5 a M MOME 141 OMIk . . . . . 8 0111 WMA I1 KI MTHEREAS, the City of Georgetown, has received an application for a license to encroach into the south side and rear 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 Don F. Wright to encroach into the public utility easements, the City Council of the City of Georgetown, Texas, finds the following facts - 1. Through no fault of the present property owners, a portion of the structures were constructed in the public utility easements. 2. That there are no utilities which would be interfered with by the utilization of the property in its present status. 3. That there are no utilities which would interfere with the utilization of the property in its present status. 4. That the structures intrude into the public utility easements to such a degree that it is not economically feasible to remove the part of the structures within the public utility easements. 5. That the land use in the neighborhood appears to be stable and the use to which this proverty is being Dut 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 801 Country Club Road Resolution No. Page 1 of 3 The fact that the structures were constructed within the public utility easemenj through no fault of the present property owners and that it is not economical 7 feasible to remove the part of the structures within the easement areas do constitute s?,vecial circumstances and conditions affec a * JJL I taken into consideration would deprive the applicants of the reasonable use their property. I 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 structures within the public utility easements does provide a basis for granting the license necessary for the preservation and enjoyment of the substantial property rights of the applicants. C The fact that the use of the public utility easement areas by the property owners - 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 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, which states: I Growth and Physical Development Policy 1, which states "The City win 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 cons4eraiion 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 L"blicy Plan. SECTION 2. That the Mayor is hereby authorized to execute on behalf of the City of Georgetown a License Agreement with Don F. Wright, pertaining to the encroachment of a 801 Country Club Road Resolution No. q1 /0 Page 2 of 3 portion of various structures located at Lot 2 and 3, Block 2, of the Resubdivision of Lots I through 3, Country Club Acres, Unit 11, Subdivision, into the south side and rear public utility easements. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of 1994. ATTEST./;: THE CITY OF GEORGETOWN: Elizabeth -Gray U.. c,;, By: L—EO WOOD City Secretary Mayor LIUMM 801 Country Club Road Resolution No. 9110111-,7 Page 3 of 3 EXHIBIT A =E CROACHMENTS FT- L O L0T OV'IEiC A157d y 4-LEG7�k i rte^ 1< p er u .r" e .. U__Y . Wc7c.. _ N .1rr�.4�f� �� " GG. tJ l�G7NIJ 11�t�G rem --e114 LOT � C25 - m i `60mc. 5L_146 VOW C`7 Mb r, 011ie L ° W0012W0012'l G','{ cOc>Mt�unriJ6 _.._7 � a rP st3C7/ GC>UNTRY CLUa"� �+`�/U'�` •1 GC1NG 5W,C. WALL COUNTRY CLUB DRIVE RIV d f• ��. o Coo�s9Ga l G�° a or � a FIRT 4 a Ra—h r" niy y Parkwa r b0< -10 5° Count G o' ood j~ GerowN A°*�UNiRY Cite 'aIf�°��'a CLUB y s