HomeMy WebLinkAboutRES 980623-S - Encroach First Methodist ChurchRESOLUTION NO.
W801-Pa3-5; --
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, MAKING CERTAIN FINDINGS OF FACT AND
AUTHORIZING THE MAYOR TO EXECUTE A LICENSE TO ENCROACH
INTO THE ASH STREET PUBLIC RIGHT OF WAY FOR HUGHES
ADDITION, BLOCK 2, LOCALLY KNOWN AS FIRST UNITED METHODIST
CHURCH, AS RECORDED IN VOLUME 402 PAGE 55, OF THE OFFICIAL
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND LOCATED AT
THE 410 EAST UNIVERSITY AVENUE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Georgetown has received an application for a license to
encroach into the Ash Street public right-of-way; 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 Hughes Addition, Block 2, 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 handicapped rail and ramp is to be utilized in such a
manner that it would not be feasible to relocate it outside the public right-of-
way.
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 handicapped rail and ramp is to be utilized in
such a manner that it would not be feasible to relocate it outside the right-of-
way 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.
Hughes Addition, Block 2, First United Methodist Church
License Resolution No. 9�m?a 3 — S Page 1 of 3
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2. The fact that the land use is not likely to change within the foreseeable future
and that it is not economically feasible to remove the part of the building that
encroaches into the right-of-way 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 right-of-way by the property owner does not
interfere with the 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 to encroach into
the right of way as presented to them.
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
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 to encroach into the Ash
Street public right of way for Hughes Addition, Block 2, for the construction of a
handicapped rail and ramp.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this =- day of 1998.
Hughes Addition, Block 2, First United Methodist Church
License Resolution No. ?" Z3 --S Page 2 of 3
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ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Marianne La ders Banks
City Attorney
THE CITY OF GEORGETOWN:— -
By. LEO WOOD
Mayor
Hughes Addition, Block /2,First United Methodist Church
License Resolution No. 98o&a3 — S Page 3 of 3
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UNIVERSITY AVENUE
Y ADDITION
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Exhibit 14
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