HomeMy WebLinkAboutRES 971014-TRESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, MAKING CERTAIN FINDINGS OF FACT AND
AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT
BETWEEN THE CITY OF GEORGETOWN AND STEVE AND KRISTI
VAUGHN, PERTAINING TO THE, ENCROACHMENT OF A SIX (6) FOOT
PRIVACY FENCE INTO THE TEN (10) FOOT WIDE DRAINAGE
EASEMENT EXTENDING ALONG THE REAR (WEST) PROPERTY LINE
AND FIVE (.S) FOOT WIDE DRAINAGE EASEMENT EXTENDING
ALONG THE SIDE (NORTH AND SOUTH) PROPERTY LINES OF
THOUSAND OAKS SUBDIVISION, BLOCK 3, LOT 4, AS RECORDED IN
CABINET C;, SLIDE 376-380 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND LOCATED AT 307 ROCKCREST DRIVE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown has received an application for a license to encroach
into the drainage easement; and
WHEREAS, 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 Steve and Kristi Vaughn to encroach into the
drainage 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 the proposed manner.
2. That there are no utilities which would interfere with the utilization of the property
in the proposed manner.
That the fence is designed in such a manner that it would not be feasible to locate
it outside the drainage 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 compatible with other uses in the neighborhood; and
'Thousand Oaks Subdivision, Block 3, Lot 4, Resolution No. q7/01 el —
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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 the proposed fence is in such a mariner that it would not be feasible
to relocate it outside the drainage easement constitutes special circumstances and
conditions affecting the property which if not taken into consideration would
deprive the applicant 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 otherwise situate the fence that encroaches
into the drainage easement does provide a basis for granting the license necessary
for the preservation and enjoyment of the substantial property rights of the
applicant.
The fact that the use of the drainage easement area by the property owner does no t
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 applicant agrees to accept the terms of the .license agreement as presented
to them.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COi Il>l�: s 1.Ok 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:
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, and the City's development process
encourages new and infill development;" and
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 nnpact to the environment;"
Thouswd Oaks Subdivision, Block 3, Lot 4, Resolution No. q 7 /D l el 7
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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. The Mayor is hereby authorized to execute, and the City Secretary to attest
thereto on behalf of the City of'Georgetown a License Agreement with Steve and Kristi Vaughn,
pertaining to the encroachment of a six (6) foot privacy fence into of the ten (10) foot wide
drainage easement extending along the rear (west) property line and five (S) foot wide drainage
easement extending along the side (north and south) property lines of Thousand Oaks Subdivision,
Block 3; Lot 4, located at 307 Rockerest Drive.
SECTION3. This resolution shall be effective immediately upon adoption.
RESOLVED this /V-1-1— day of ke'Zbh e,,, , 1997.
ATT ST:
Sandra D. Lee
City Secretary
-APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
THE CITY OF GEORGETOW
y: L WOOD
Mayor
Thousand Oaks Subdivision, Block 3, Lot 4, Resolution No. q ! /Q IV— 7-
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EXHIBIT A
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