HomeMy WebLinkAboutRES 991123-Y - Encroachment Mesquite FlatsRESOLUTION • qVIOU'y
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AND 3, AS •'D i IN CABINET i 46 OF
PLAT RECORDS OF •' COUNTY, i S, LOCATED ON FM
2338 NORTH OF LAKEWAY DRIVE; AND ESTABLISHING AN EFFECTIVE
WHEREAS, the City of Georgetown has received an application for a license to
encroach into the platted 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 Gregory E. Wright - Crowe, O.D., Mike
Mersiosky, and Sam Pfiester 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 proposed curb and parking lot is in such a manner that it would not
be feasible to locate 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:
1. The fact that the proposed curb and parking lot is in such a manner that it
would not be feasible to locate it outside the platted public utility easement
Mesquite Flats, Lot 1, 2, and 3: License Resolution No. f p w
Page 1 of 3
JACUR PLAN \CITYCNCL \LICENSE\1999LIC \MF 1- 2 -3.RES
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 proposed curb and
parking lot 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
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:
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.
Mesquite Flats, Lot 1, 2, and 3: License Resolution No. ff//.?
Page 2 of 3
JACUR-PLAN\C1TYCNCL\L10ENSE\1 999LIC\MF-1 -2-3.RES
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 Gregory E.
Wright-Crowe, O.D., Mike Mersiosky, and Sam Phiester, pertaining to the encroachment
of a proposed curb and parking lot into the platted twenty (20) foot public utility easement
on the north property line, along FM 2338, of Mesquite Flats, Lot 1, 2, and 3, located on
FM 2338 north of Lakeway Drive.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
day of '1999.
Mesquite Flats, Lot 1, 2, and 3: License Resolution No.
Page 3 of 3
JftCUR_PLAN\C1TYCNCL\L10ENSE\1 999LIC\MF-1 -2-3.RES
E CITY OF GEORGETOWN:
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By: MaryEllen Kers6h
Mayor
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