HomeMy WebLinkAboutRES 931109-BATIM
VY'HEREAS, the City of Georgetown, has received an application for a license to
encroach into the east side public utility casement; and
VYTHEREAS, in order for a license to •- 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. Joe D. Loosier to encroach into the
public utility easement, the City Council of the City ♦ Georgetown, Texas, finds the following
facts -
1. Through no fault of the present property owners, a portion of the structure was
constructed in the public utility easement.
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 structure intrudes into the public utility easement to such a degree that
it is not economically feasible to remove the part of the structure within the
public utility easement.
5. 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:
615 Spring Valley Road Resolution No.
Page 1 of 3
1. The fact that the structure was constructed within the public utility easement
through no fault of the present property owners and that it is not economically
feasible to remove the part of the structure within the easement area does
constitute special circumstances and conditions affecting the property which if not
taken into consideration would deprive the applicants of the reasonable use of
their property.
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
right-of-way easement does provide a basis for granting the license necessary for
the preservation and- • 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 inj unious to the property in the area; and
WHEREAS, the applicants agree to accept the terms of the license agreement as
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presented to them.
11OW, 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:
Growth and Physical Development Policy 1, which states "The City will ensure
that future land use patterns provide economic, cultural, and sociai 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.
615 Spring Valley Road Resolution No.
Page 2 of 3
SECTION 2. That the Mayor is hereby authorized to execute on behalf of the City of
Georgetown a License Agreement with Mr. Joe D. Loosier, pertaining to the encroachment of
a portion of a structure located at Lot 6, Oak Crest Estates, Spring Valley Unit, into the public
utility easement.
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RESOLVED this 47MX day of 19934
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-E�abeth-G&ray-
City Secretary
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APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
615 Spring Valley Road Resolution No.
Page 3 of 3
THE CITY OF GEORGE
By: LEO WOOD
Mayor
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615 Spring Valley Road
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