HomeMy WebLinkAboutRES 012301-T - Encroach Williams ElementaryRESOLUTION #►
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WHEREAS, the City of Georgetown has received an application for a license to
encroach into the Right of Way; 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 Georgetown Independent School
District to encroach into the public right of way, the City Council of the City of Georgetown,
Texas, finds the following facts:
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.
3. That the existing building is in such a manner that it would not be feasible to
relocate it outside the Right of Way.
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
WHEREAS, the City Council after hearing the application and finding the specific
facts as stated above now concludes and finds that:
Williams Elementary School License Resolution No. O Z 1`
Page 1 of 3
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1 The fact that the existing building is in such a manner that it would not be
feasible to relocate it outside the Right of Way 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 locate the encroachment outside
the Right of Way does provide a basis for granting the license necessary for
the preservation and enjoyment of the substantial property rights of the
applicant.
3. The fact that the use of the Right of Way area by the property owner 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 applicant agrees 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:
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
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.
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
Williams Elementary School License Resolution No. 0/ 4? -3 7'
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Agreement with Georgetown Independent School District, pertaining to the
encroachment of an existing building approximately three (3) feet into the 80
foot Right of Way located on north property line of Everette Williams
Elementary School, being 9.04 acres in the Clement Stubblefield Survey and
the William Addison Survey, located at 507 E. University Avenue.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this day of -TAP U-4 F- 2001.
ATTEST: T E CITY OF GEORGETOWN:
'Sandra D. Lee -KAKYELLIEN KERSCH
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Williams Elementary School License Resolution No. 01 7 --3 0/
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SHORT FORM RECORD FINAL PLAT OF
EVERETTE WILLIAMS ELEMENTARY SCHOOL SUBDIVISION
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