HomeMy WebLinkAboutRES 970610-O - License Agmt Churchill FarmsRESOLUTIONNO. "
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 BILL PALMER HOMES,
INC.; PERTAINING TO THE ENCROACHMENT OF A SIX (6) FOOT
PRIVACY FENCE PROVIDED TEN (10) FOOT REMOVABLE ACCESS
PANELS ARE CONSTRUCTED ON THE EAST AND WEST PROPERTY
LINES, INTO THE FIFTEEN (15) FOOT WIDE DRAINAGE EASEMENT,
LOCATED ON THE REAR AND SIDE PROPERTY LINES OF LOT 5,
BLOCK B OF CHURCHILL FARMS, SECTION FOUR, AS RECORDED IN
CABINET M, SLIDES 381-383 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS AND LOCATED AT 118 HIGHALEA _
COURT; 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 Bill Palmer Homes, Inc. 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 fence is in such a manner 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 5, Block B, Churchill Farms, section Four, License Resolution No. 6/70&/0-0
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JACUR PLAN\CITYCNCL\LICENSE\118HILEA.RES
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 fence is in such a manner 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
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 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 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;"
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 5, Block B, Churchill Farms, Section Four, License Resolution No. 1?170&10— D
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JACUR PLANXCITYCNCULICENSEl118HILEA.RES
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 Bill Palmer Homes, Inc.
pertaining to the encroachment of a six (6) foot privacy fence provided ten (10) foot removable
access panels are constructed on the east and west property lines, into the fifteen (15) foot wide
drainage easement located on the rear and side property lines of Lot 5, Block B of Churchill
Farms, Section Four, commonly known as 118 Highalea Court.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this /DAL day of-J66111E
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
/7i��
Marianne Landers Banks
City Attorney
1997.
THE CITY OF GEORGE OWN:
fir` --moi
By:`LEO WOOD
Mayor
Lot 5, Block B, Churchill Farms, Section Four, License Resolution No. ` ` 0& ` D _ 0
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