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WHEREAS, the City of Georgetown, has received an application for a license ti:
encroach into the rear drainage and public utility easement; and
V*THEREAS, 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 Jackie and Prissy Chambers to encroach into
the rear drainage and public utility 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 guest residential structure intrudes into the drainage and public utility
easement to such a de2ree that it is not economically feasible to remove 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
as stated above now concludes and finds that:
1. The fact that it is not economically feasible to remove the part of the guest
residential structure within the easement area constitutes special circumstances and
conditions affecting the property which if not taken into consideration would
30102 Wing Foot Cove License Resolution No. 1111101111:51 `15
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F. 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
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
WHEREAS, the applicants agree to accept the terms of the license agreement as
presented to them.
NOW, THEREFORE, BE rr RESOLVED BY THE CITY COUNCIEL 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:
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 Jackie and Prissy Chambers, pertaining to the
encroachment of a guest residence located at Lot 13, Block D, Berry Creek Subdivision, Section
Two, into the rear drainage and public utility easement.
30102 Wing Foot Cove License Resolution No.
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RESOLVED this day of
1994.
ATT THE CITY OF GEORGETOWN:
Sandra D. Lee By: LEO WOOD
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Z-)
30102 Wing Foot Cove License Resolution No. Js
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