HomeMy WebLinkAboutRES 200328-GG - Encroach Sun City Phase 1WHEREAS, the City of Georgetown has received an application for a license to
encroach into the public utility 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 Del Webb Texas Limited Partnership
to encroach into the public utility easement, 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 civic club sign is in such a manner that it would not be feasible to
relocate it outside the public utility 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
WHEREAS, the City Council after hearing the application and finding the specific
facts as stated above now concludes and finds that:
The fact that the civic club sign is in such a manner that it would not be
feasible to relocate it outside the public utility easement constitutes special
circumstances and conditions affecting the property which if not taken into
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Sun City Georgetown, Phase 1, Neighborhood One, Tract D License Resolution No. Y-66
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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 public utility easement 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 easement 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 CITI
#F 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 and 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 Agreement with Sun City
Texas Limited Partnership, pertaining to the encroachment of a civic club sign located on
Tract D of Sun City Georgetown, Phase 1, Neighborhood One, into the ten (10) foot public
utility easement located at 91 Del Webb Boulevard as shown on the attached Exhibit A and
B.
Sun City Georgetown, Phase 1, Neighborhood One, Tract D License Resolution No. a4goga —
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SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this 49 day of MIR-12�;# ,2000.
ATTEST: THE CITY OF GEORGETOWN:
Sandra D. Lee By:'MARYELLEN KERSCH
City Secretary Mayor
APPROVED AS TO FORM:
j--
Marianne Landers Banks
City Attorney
Sun City Georgetown, Phase 1, Neighborhood One, Tract D License Resolution No. 4003je— (56
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EXHIBIT A
91 Del Webb Boulevard
II
91 Del Webb Boulevard
Ia
S
Existing
Entry House
/fk,s,. CZ00g2j,— 99
z-Aihi/ 4"3
IIA -XVIA
61- "A
Existing Wall and
Planting Bed