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HomeMy WebLinkAboutRES 940628-S - License Agmt Robert Appel119MI)RIME V, I W" # WHEREAS, the City of Georgetown, has received an application for a license to encroach into f utility 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 Mr. Robert Appel, to encroach into the public utility easement, the City Council of the City of Georgetown, Texas, finds the followin,J' 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 it is not economically feasible for the garage structure to be relocated out of the public utility 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 IT'AEREAS , the City Council after hearing the application and finding the specific facts zs stated above now concludes and finds that: 1. The fact that it is not economically feasible to remove the part of the garage structure within the public utility easement constitutes special circumstances and conditions affecting the property which if not taken into consideration would deprive the applicants of the reasonable use of their property. C600 Buffalo Springs Trail Resolution No. Y J106,21- S Frage 1 of 3 C. 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 public utility 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 public utility 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 Lrolicy Plan. SECTION 2. That the Mayor is hereby authorized to execute on behalf of the City of Georgetown a License Agreement with Mr. Robert Appel, pertaining to the encroachment of a garage structure located at Lot 20, Block A, Rocky Hollow Estates, Unit 11, into the side lot line public utility easement. 3600 Buffalo Springs Trail Resolution No. V0&,ZJP—.g Page 2 of 3 SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this af4e- day of 1994. ATT T: Sandra Lee City Secretary •00 Marianne Landers Banks City Attorney 3600 Buffalo Springs Trail Resolution Na. Y AO&V-19 Page 3 of 3 THE CITY OF GEORGETOWN: By: LEO WOOD Mayor nz E X H I EJ IT T. rfo z a c h m e n t"cf" Ll P U'E CC - Y,5.2 C 21 V1 F -r- t-1 :..:. - 7 - 14. tJ YA1 V p,e VAA A W�- ILI