HomeMy WebLinkAboutRES 980922-Y - Encroach 1104 E. 7th StRESOLUTION NO. 7O f,2Z _ Y
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 AGREEMENT
BETWEEN THE CITY OF GEORGETOWN AND HILARIO LARRY
ZAVALA; PERTAINING TO THE ENCROACHMENT OF AN EXISTING
STRUCTURES INTO A SEWER, DRAINAGE, WATER PIPE EASEMENT
CENTERED ON ACROSS ANDERSON ADDITION, PART OF TRACT 1
AND TRACT 2, AS RECORDED IN VOLUME 22, PAGE 463 OF THE PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS AND LOCATED AT 1104
EAST 7TH STREET; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown has received an application for a license to
encroach of all existing structures into the sewer, drainage, water pipe easement centered
across Anderson Addition, part of Tract 1 and Tract 2; 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 Hilario Larry Zavala to encroach into
the sewer, drainage and water pipe 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 sewer, drainage and water pipe easement effects the lot in such a
manner that it would not be possible to locate the existing structures outside
the sewer, drainage and water pipe 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:
Anderson Addition, part of Tract 1 and 2, License Resolution No.
Page 1 of 3
ZACUR PLAN\CITYCNCL\LICENSE\1998LIC\ANDERSON.RES
1. The fact,that.the sewer, drainage and water pipe easement effects the lot in
such a that it would not be possible to locate the existing structures
outside the easement constitutes special circumstances and conditions
affecting the property which if not taken into consideration would deprive the
applicants 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 situate the existing structures
encroachments into the sewer, drainage and water pipe easement elsewhere
on the lot 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 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 applicants agree to accept the terms of the license agreement 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 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;"
Anderson Addition, part of Tract 1 and 2, License Resolution No. ` JO 9z2—Y
Page 2 of 3
ZACUR PLAN CITYCNCULICENSEU998LIMANDERSON.RES
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 Hilario Larry
Zavala to allow all existing structures to encroach into the sewer, drainage, water pipe
easement centered across Anderson Addition, part of Tract 1 and Tract 2;
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this ;,12,i -d day of1998.
ATTEST: THE CITY OF GEORGETOWN:
Sandra D. Lee By: LEO WOOD
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Anderson Addition, part of Tract 1 and 2, License Resolution No. ` 0 V / -2A
Page 3 of 3
ZACUR PLAN\CITYCNCL\LICENSE\1998LIC\ANDERSON.RES
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