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HomeMy WebLinkAboutRES 931109-C - Agmt 904 Garden ViewVA VYTHEREAS, the City of Georgetown, has received an application for a license t* encroach into a rear public utility easement; and WHEREAS, in order for a license to be granted by the City Council of the City of f, Georgetown, the Council must make certain findings of fact; and WHEREAS, after hearing the application of Mr. Richard W. Bunte to encroach into the public utility easement, the City Council of the City of Georgetown, Texas, finds the following facts: 1. Through no fault • 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: 904 Garden View Drive Resolution No. .P 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. 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 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 Policy Plan. 904 Garden View Drive Resolution No. VIM C 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. Richard W. Bunte, pertaining to the encroachment of a portion of a structure located at Lot 3, Block F, Williams Addition, Unit 7, into the public utility easement. SECTION 3. This resolution shall be effective immediately upon adoption. a — e RESOLVED this day of 1993. A . ... . THE CITY OF GEORGETOWN: '13lizabeth- -Gray By: ""LEO WOOD City Secretary Mayor APPROVED AS TO FORM: a =61 = 904 Garden View Drive Resolution No. Page 3 of 3 LAHIBIT A 904 Garden View Dri`,.._.. LEGEND _0 IRON ROD FOUND O IRON ROD SET J PIPE FOUND A I'WL FOUND WOOD FENCE ✓'7 ! l,% — x — WIRE FENCE x —�V— CHAIN LINK FENCE P.U.E. PUBLIC UTILfTY ESWT. D.E. DRAINAGE ESMT_ 81. BUILDING LINE QPOWER POLE — OVERHEAD ELEC. LINE DOWN GUY (BRG.—DIST.) RECORD CALL I;• I 1 t_.0 Y Ili { r i„' x' Iy, Lz. 3 I W i .. L Q 7°® 3 N '0 13u.Jct, Aceessat uil[dLngj Encroachment MAKS�° ® S i I ti \fj on� � S„ :iia°• _ <c �'`ck/ �R .�oP,f' I , v ti �°od L^� GABRIEL HEIGHTS ®l;,