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HomeMy WebLinkAboutRES 900412 - Quit Claim Deed SerenadaRESOLUTION NO, t3ll A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE MAYOR OF THE CITY OF GEORGETOWN TO EXECUTE A QUIT CLAIM DEED TO VACATE AND ABANDON A PORTION OF A PUBLIC UTILITY EASEMENT LOCATED ALONG THE REAR PROPERTY LINE OF LOT 414 OF A SECOND RESOBDIVI&TOA OF SERENADA-COUNTRY ESTATES UNIT TWO, AS RECORDED IN THE PLAT RECORDS SOF WILLIAMSON'COUNTY, TERAS, WHEREAS, the City of Georgetown has received an Application for the Vacation of a Portion of a Public Utility Easement located along the rear property line of Lot 414 of a Second Resubdivision of Serenade Country Estates Unit Two, as recorded In Cabinet C, Slide 39, in the Plat Records of Williamson County, Texas; WHEREAS; in order for a public utility easement to be abandoned by the City Council of the City of Georgetown, the Council makes certain findings of facts, as follows: 1, That through no fault of the present property owners, a portion of a swimming pool was constructed in the public utility -easement; 2, That there are no utilities existing in the easement; 3.That the utility companies serving the area, including and surrounding the easement area, have determined that there exists no present or foreseeable future need for the easement; 4. That the swimming pool intrudes into the easement to such a degree that it is not economically feasible to remove the part of the swimming pool within the easement; and 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 the use to that of the neighborhood; and WHEREAS, after hearing the Application and finding the specific facts as stated above, the City Council now concludes and finds that: 1, The fact that the swimming pool was constructed within the 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; The fact that the land use is not likely to change within theforeseeablefuture, and that it is not economically feasible to remove the part of the swinaniing pool within the easement, does provide abasis for granting the use necessary for the preservation and enjoyment of the substantial property right of the applicants; 3, The fact that the use :of the easement area by the property owners does not interfere with any utilities or access to any utilities, is not detrinental to the public health, safety or welfare or injurious to the property in the area, and that there exists no present or foreseeable future need for the easement, does constitute a basis for vacating and abandoning the easenent; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, that: SECTION Is The Mayr is hereby authorized to execute, on behalf of the City of Georgetown, a Quit Clain Deed to c�gT i�:a ,u,! , abandoning the public utility easement at the rear property line of Lot 914 of a Second Resubdivision of Serenade Country Estates Unit Two;-asrecorded in Cabinet C, Slide 39, of the Plat, Records of Williamson County, Texas. SECTION II. This resolution shall be effective immediately upon adoption. RESOLVED this day of du, v�.�" 1990, ATTEST Elizabeth Gray City. Secretary APPROVED AS TO FORM Marianne Landers Banks City Attorney Utility Easement Resolution/Page.12 of 2 -Pages