HomeMy WebLinkAboutRES 200627-P - Encroach 408 Champions DrRESOLUTION NO.o ° I"
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WHEREAS, 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 Philip Cash to build a fence that will encroach
into a portion of the seven and one half (7 1/2) foot drainage easement located on the side property
line of Lot 44, Block A, Berry Creek, Section Eleven, Phase Three, Amended located at 408
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 3, Block A, Lot 44, Amended: License Resolution No.` .�
Page 1 of 2
J:\CUR PLAN\ CITYCNCL \LICENSE\2000LIC \BC113A44.RES
3. The fact that the use of the easement area by the property owner does not interfere
with the d[GiD8g8. Ubih§eS O[ access tOthe Uti|dj9S and is not detrimental to the public
health, S8f8b/ or welfare or injurious to the property in the 8[S3; and
WHEREAS, the applicant agrees to accept the terms Of the license agreement as presented
to him.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and reCit@bOOS contained in the png30b|e of this [eSo|UUOn are
hereby found and declared tObe true and correct, and are incorporated bv reference herein and
eXp[8SS|y rD3d8 a part he[HOf, as if copied V8rb8U[D. The City C8UOCi| hereby finds that this
PeSO|UtiOO iDlpl8[DeOtS the following policies of the Century P|8D - O8V8|opDleOt P|8D B8[D8Ot:
1 Growth and Physical Development Policy 1. which states: "The City will ensure that
future |8Dd use patterns provide ecOOOnOiC' CVltu[8[ and SO[ia\ activities to all
r83id8DtS. businesses and organizations, and the City's development process
encourages new and infi||d8ve|OpDl8Ot;"and
2. UU|ib83/ER8[gy Policy 2, which states: "The City will 8St8bUGh utility policies which
take into consideration the needs of all citizens of the community and take necessary
precautions tO prevent harmful ecological impact k}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 iShereby authorized to execute, and the City Secretary to attest
thereto on behalf of the City of Georgetown a License Agreement with Philip Cash, pertaining to the
encroachment of a fence into a portion of the seven and one half (7 Y2) foot drainage easement
|OC8t8d OO the side property line Of Lot 44. Block A, Berry Creek, Section Eleven, Phase Three,
Amended, located at408 Champions Drive, @S illustrated in Exhibit A
SECTION 3. This resolution shall b8 effective immediately upon adoption.
RESOLVED this dam Of J LC A) E 2000.
7E
ATTE E CITY OF GEORGE OWN:
LO
City Secretary Mayor
AR�ROVED AS TO
"'Marian'he Landers Banks
City Attorney
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Page 1ofz
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EXHIBIT A
408 Champions Drive
POINT OF
BEGINNING 440
APPROXIMA
'
LOCA-110N CF
100 , FLCCO 3
PLAIR'
Ul
A
EASD ENT
Ln L.P,
DRAINAGE (7� Vl 4-3 BERRY,CREEK
SECT70N 0, PH. TWO
44 v BLOCK A 1 A-2
Locatio oi Propoted Fence
47
BLOCK A P'.C."N•
CHI BLK. V 20 19
BERRY CREEK- 21
SECT70�1 1 , -PH. THREE 22
CAB ,.-N--SLIDE 374 -375\
7
\ \ 22
24
25
00 P
Exhibl -f I" A"