HomeMy WebLinkAboutRES 970527-Q - Encroachment Reata Trln
RESOLUTION NO.
�1
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 WELL V. LTD.,
PERTAINING TO THE ENCROACHMENT OF A PROPOSED
SUBDIVISION ENTRY FEATURE INTO THE TEN (10) FOOT WIDE
PUBLIC UTILITY EASEMENT LOCATED WITHIN THE PLATTED
ENTRY FEATURE EASEMENT OF LOT 1 OF REATA TRAILS, UNIT
FOUR SUBDIVISION, BLOCK K, AS RECORDED IN CABINET N,
SLIDES 317 THROUGH 320 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS; AND LOCATED ON THE EAST SIDE OF
NORTHWEST BOULEVARD; 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 of Well V. Ltd., to encroach into the public
utility easement, the City Council of the City of Georgetown, Texas, finds the following facts:
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 construction of the structure and other improvements on the site
are designed in such a manner that it would not be feasible to locate them outside
the building line and public utility easements.
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:
Reata Trails, Unit Four, Block K, Lot 1, Resolution No.
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1. The fact that the proposed structure and other improvements are in such a manner
that it would not be feasible to relocate them 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 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 structure and other
improvements that encroach into 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 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.
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 Well V. Ltd.,
Reata Trails, Unit Four, Block K, Lot 1, Resolution No. C; 7051> 7-
Page 2 of 3
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pertaining to the encroachment of a proposed subdivision entry feature located on Lot 1 of Reata
Trails, Unit Four Subdivision, Block K, located within the platted entry feature easement on the
east side of Northwest Boulevard. `
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this �� day of ARY , 1997.
ATT .ST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
THE CITY OF GEORGETOWN:
By: LEO WOOD
Mayor
Reata Trails, Unit Four, Block K, Lot 1, Resolution No.
Page 3 of 3
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