HomeMy WebLinkAboutRES 200523-T - Encroach Berry CreekWHEREAS, the City of Georgetown has received an application for a license to encroach
into a 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 Henry B. Chamberlin to encroach into a portion
of the five (5) foot drainage easement located on the rear property line of Lot 18, Block C, Berry
Creek, Section Eleven, Phase Two, located at 401 Champions Drive, as illustrated in Exhibit A, 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 encroachment is 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
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 encroachment is in such a manner that it would not be feasible to
locate 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 locate the encroachment outside the drainage
easement, do provide a basis for granting the license necessary for the preservation
and enjoyment of the substantial property rights of the applicant.
Berry Creek, Section 11, Phase 2, Block C, lot 18: License Resolution No.005o7 — T
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3. The fact that the use of the easement area by the property owner does not interfere
with the drainage, 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.
RIOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Orl
GEORGETOWN, TEXAS, THAT: I
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 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 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 Henry B. Chamberlin,
pertaining to the encroachment of a fence into the five (5) foot drainage easement on the rear
property line of Lot 18, Block C, Berry Creek, Section Eleven, Phase Two, located at 401
Champions Drive, as illustrated in Exhibit A, provided the pillars of the fence be constructed at least
two and one half (2 Y2) feet from the south property line.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this day of —.,2000.
ATTES"t, T�E CITY OF GEORGETOWN-
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Sandra D. Lee By: MaryEllen Kersch
City Secretary Mayor
APPROVED AS TO FORM:
—Marianne Landers Banks
City Attorney
Berry Creek, Section 11, Phase 2, Block C, lot 18: License Resolution No.c� 005A 3 - T
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