HomeMy WebLinkAboutRES 990525-M - Encroach Village ParkRESOLUTION NO.
WHEREAS, the City of Georgetown has received an application for a license to
encroach into the platted public utility easements; 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 South Brushy Street Limited Partnership
and Robert L. and Billye G. Truitt to encroach into the platted public utility 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.
3. That the building and impervious cover are in such a manner that it would not
be feasible to relocate them 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:
A Planned Unit Development of Village Park, Lots 1, 2, and 9: License Resolution No. 47fe5o? 5 -In
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1 The fact that the building and impervious cover are in such a manner that it
would not be feasible to relocate them outside the platted public utility
easement constitutes special circumstances and conditions affecting the
property which if not taken into consideration would deprive the applicant of
the reasonable use of his 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 relocate the building and
impervious cover outside the platted 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 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 him.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
#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:
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 impact to the
environment;"
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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 South Brushy
Street Limited Partnership and Robert L. and Billye G. Truitt, pertaining to the
encroachment of the existing building and impervious cover into portions of the platted
public utility easements on A Planned Unit Development of Village Park, Lots 1, 2, and 9,
located on South Austin Avenue.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this 'day of '1999.
ATTEST: THE CITY OF GEORGET
xlzr
Sandra D. Lee By: LEO WOOD
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
A Planned Unit Development of Village Park, Lots 1, 2, and 9: License Resolution No. ?%05"R5-1W
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EXHIBIT A
Village Park
Structure Survey
EN - Areas of Encroachment over PUE's
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