HomeMy WebLinkAboutRES 990622-T - Encroach StonehedgeRESOLUTIONNO.
WHEREAS, the City of Georgetown has received an application for a license to
encroach into the platted 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 Brighton Homes of Austin, Ltd. to
encroach into the platted drainage 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 fence 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
Stonehedge, Section One, Block F, Lot 4 and 5: License Resolution No. 9�7062Z-T
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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 fence is in such a manner that it would not be feasible to
locate it outside the platted 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 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 locate the fence outside the platted
drainage 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
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:
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
Stonehedge, Section One, Block F, Lot 4 and 5: License Resolution No.-9t9&22-7'
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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 Brighton
homes of Austin, Ltd., pertaining to the encroachment a fence into a portion of the platted
five (5) foot drainage easement on the common property line between Lot 4 and Lot 5,
Stonehedge, Section One, Block F, located at 406 and 408 Autumn Trail.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this day of 1999.
ATTEST-., THE CITY OF GEORGETOWN:
Sandra D. Lee By:MaryEllen Kersch
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Stonehedge, Section One, Block F, Lot 4 and 5: License Resolution No. 47?0& 2 2 — 7-
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406 and 408 Autumn Trail
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CONC• ORAIN
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