HomeMy WebLinkAboutRES 970408-O - Encroach 202 Belmont DrRESOLUTION NO. ��1041017 0
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 TIMOTHY P. AND
PAMELA J. PHILPOTT; PERTAINING TO THE ENCROACHMENT INTO
THE THIRTY (30) FOOT WIDE DRAINAGE EASEMENT LOCATED ON
THE REAR PROPERTY LINE OF LOT 7, BLOCK M OF STONEHEDGE
SUBDIVISION, SECTION TWO, AS RECORDED IN CABINET G,
SLIDES 283-285 OF THE PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS AND LOCATED AT 202 BELMONT DRIVE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown has received an application for a license to encroach
into the 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 Timothy P. and Pamela J. Philpott to
encroach into the 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 proposed fence is in such a manor that it would not be possible 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
Lot 7, Block M, Stonehedge Subdivision, Section Two, License Resolution No. 1 f 0yol — 0
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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 proposed fence is in such a manor that it would not be possible
to locate it outside the 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 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 proposed fence that encroaches
into the 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 utilities or access to the utilities and is not detrimental _ to the
public health, safety. or welfare or injurious jo 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;"
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.
Lot 7, Block M, Stonehedge Subdivision, Section Two, License Resolution No. q ! 0VO0 —0
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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 Timothy P. and Pamela
J. Philpott pertaining to the encroachment into the thirty (30) foot wide drainage easement
located on the rear property line of Lot 7, Block M of Stonehedge Subdivision, Section Two,
commonly known as 202 Belmont Drive.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this �'�� day of 1 1997.
ATTES '% THE CITY OF GEORGETOWN:
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Sandra D. Lee By: LtO WOOD
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Lot 7, Block M, Stonehedge Subdivision, Section Two, License Resolution No. ` 70VO0 —0
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EXHIBIT A
STONEHEDGE SUBDIVISION, SECTION TWO, BLOCK M, LOT 7
LICENSE TO ENCROACH INTO DRAINAGE EASEMENT
EASEMENT
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