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HomeMy WebLinkAboutRES 940125-O - License Agmt Jacobs DrainageRESOLUTION NO. V W LI -es 0111 a 01 OUT 0 V WHEREAS, the City of Georgetown, has received an application for a license to encroach into the rear drainage 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 James Jacobs to encroach into the drainage 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 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 fence structure intrudes into the drainage easement to such a degree that it is not economically feasible to remove the part of the fence structure within the drainage 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 as stated above now concludes and finds that: 1. The fact that it is not economically feasible to remove the part of the fence structure within the easement area constitutes special circumstances and conditions affecting the property which if not taken into consideration would deprive the ap- plicants of the reasonable use of their property. 103 Susana Court Resolution No. vtlol':25— 0 Page I of'3 2. The fact that the land use is not likely to change within the foreseeable future and that it is • economically feasible to remove the •. • 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 drainage easement area 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: 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 James Jacobs, pertaining to the encroachment of a fence Structure located at Lot 8, Block B, Sierra Vista, Section 11, into the rear drainage easement. 103 SUsana Court Resolution No. Page 2 of 3 SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of a 3L t' 1994. ATTES THE CITY OF GEORGETOWN: . 46��� Sa6ngkra- Lee By: LEO WOOD City Secretary Mayor APPROVED AS TO FORM: Marianne Landers Banks City Attorney 103 Susana Court Resolution No. Wola5-0 Page 3 of 3 103 SUSANA COURT LOT 9 219�o &9 N NEREEMMM03M 25' B L (PLAT )