HomeMy WebLinkAboutRES 940412-KREsmuuoN No. L?11o,411tK
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WHEREAS, the City of Georgetown, has received an application for a license t1f.
cncroach into the public right-of-way; 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 Mr. John W. and Mrs. Lenny L. Aldridge
to encroach into the right-of-way, 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 property is sloped in such a way that the right-of-way is the only
economically feasible location for the wall which was constructed to prevent
irrigation water from leaving the property too quickly.
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
�,s suted above now concludes and finds that -
1. The fact that it is not economically feasible to remove the part of the wall
structure within the right-of-way area constitutes special circumstances and condi-
3019 Addie Lane Resolution No.
Page 1 of 3
tions affecting the property which if not taken into consideration would deprive
the applicants 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 remove the part of the structure within the
right-of-way 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 right-of-way area by the property owners does not in-
terfere with the utilities or access to the utilities and is not detrimental to tiy,-i
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 Mr. John W. and Mrs. Lenny L. Aldridge, pertaining
to the encroachment of a decorative wall structure located at Lot 11, Block D , River Bend
Subdivision, Unit III, into the right-of-way.
3019 Addie Lane Resolution No. Yk
710
Page 2 of 3
if
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this
_Z,,2 '/day of IL 1994.
ATTEST: THE CITY OF GEORGETOWN:
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--Etizabet h -G -ay SA0J6r_'A( -D- LEE By: LEO WOOD
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
3019 Addie Lane Resolution No.
Page 3 of 3
EXHIBIT ;A
3019 ADDLE LANE
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20" Brick Retainer Wall
rf Encroachment Into Right-of-way