HomeMy WebLinkAboutRES 981208-T - Encroach 104 Rockrose CrtRESOLUTION NO. c 4 fa 00'— T
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 WILLIAM A. ROACH,
D.V.M., PERTAINING TO THE ENCROACHMENT OF APPROXIMATELY
FOUR (4) FEET INTO A PORTION OF THE PLATTED PUBLIC UTILITY
EASEMENT ON THE FRONT PROPERTY LINE FOR A PEDESTRIAN
BRIDGE OVER A DECORATIVE TREE WELL THAT SERVES AS THE
WALKWAY ACCESS TO THE RESIDENCE FOR THE AMENDED PLAT
OF SUN CITY GEORGETOWN, PHASE 2, NEIGHBORHOOD 9, LOT 3, AS
RECORDED IN CABINET Q, SLIDES 44 - 50 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, LOCATED AT 104 ROCKROSE COURT;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown has received an application for a license to
encroach into the 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 William A. Roach, D.V.M. to encroach into
the 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 pedestrian bridge 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
Amended Plat of Sun City Georgetown, Phase 2, Neighborhood 9, Lot 3: License Resolution No. '?a 12 0,Y— 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:
1. The fact that the pedestrian bridge is in such a manner that it would not be
feasible to locate it outside the 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 locate the pedestrian bridge outside
the 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 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
take necessary precautions to prevent harmful ecological impact to the
environment;"
Amended Plat of Sun City Georgetown, Phase 2, Neighborhood 9, Lot 3: License Resolution No. �4F` Q OX-7—
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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 William A.
Roach, D.V.M., pertaining to the encroachment on the front property line of approximately
four (4) feet into a portion of the platted public utility easement for a pedestrian bridge over
a decorative tree well that serves as the walkway access to the residence for the Amended
Plat of Sun City Georgetown, Phase 2, Neighborhood 9, Lot 3, located at 104 Rockrose
Court.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this day of 1998.
ATTEST: THE CITY OF GEORGETOWN:
y;
Sandra D. Lee By: LEO WOOD
City Secretary Mayor
AP OVED AS TO FORM:
Marianne Landers Banks
City Attorney
Amended Plat of Sun City Georgetown, Phase 2, Neighborhood 9, Lot 3: License Resolution No.
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