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HomeMy WebLinkAboutRES 931123-S - Agmt Encroach Silver Valley1013 M 1.1 M L111 91 1 hNew.1100 01 a 11 DIN V LTJ Do RAN V WHEREAS, the City of Georgetown, has received an application for a license to •. into a rear public utility easement; and WHEREAS, in order for a license to be granted by the City Council • the City of Georgetown, the Council must make certain findings of fact; and WHEREAS, after hearing the application of Curtis and Vye Taylor to encroach into the public utility easement, the City Council of the City of Georgetown, Texas, finds the following facts - 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 • 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 •- within the foreseeable future and is similar to other uses in the neighborhood; and 'ITMEREAS, the City Council after hearing the application and finding the specific facts -zs stated above now concludes and finds that - 2601 Silver Valley Drive 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. 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 enjoymeaof 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 3 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." C. 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 F!'olicy Plan. SECTION 2. That the Mayor is hereby authorized to execute on behalf of the City o! Georgetown a License Agreement with Curtis and Vye Taylor, pertaining to the encroachment of a portion of a structure located at Lot 10, Block F, Pleasant Valley, into the rear public utility -easement. 2601 Silver Valley Drive Resolution No. Page 2 of 3 SECTION 3. This resolution shall be effective immediately upon adoption - RESOLVED this a-�) day of %V, —, 1993. ATTEST: THE CITY OF GEORGET y– Elizabeth Gray By: ILEO WC5OD City Secretary Mayor APPROVED AS TO FORM: City Attorney 2601 Silver Valley Drive Resolution No.q�a—s Page 3 of 3 Pleasant Valley 2601 Silver Valley Drivi I I Z achment im bnt P.U.E. License to <,.-jEncroach P-U.E. b Aandonn)ent IQ Pleasant Valley 2601 Silver Valley Drivi I I Z achment im bnt P.U.E. License to <,.-jEncroach P-U.E. b Aandonn)ent