HomeMy WebLinkAboutRES 970826-T - Encroach Churchill FarmsRESOLUTION NO. '77MA(49 - 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 JAMES AND LEE
LAVALLE, PERTAINING TO THE ENCROACHMENT OF A SIX (6) FOOT
PRIVACY FENCE INTO THE TEN (10) FOOT WIDE PUBLIC UTILITY
EASEMENT EXTENDING ALONG THE WEST AND NORTH PROPERTY
LINES OF CHURCHILL FARMS, SECTION FOUR, BLOCK C, LOT 1, AS
RECORDED IN CABINET M, SLIDE 381-383 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND LOCATED AT 102 RETAMA
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 of James and Lee LaValle 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 fence is designed 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
Churchill Farms, Section Four, Block C, Lot 1, Resolution No. l 7�oA&~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 proposed fence is in such a manner that it would not be feasible
to relocate 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 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 otherwise situate the fence that encroaches
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 public utility 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; "
Churchill Farms, Section Four, Block C, Lot 1, Resolution No. 170ooaCo —T
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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 James and Lee LaValle,
pertaining to the encroachment of a six (6) foot privacy fence into of the ten (10) foot wide public
utility easement extending along the west and north property lines of Churchill Farms, Section
Four, Block C, Lot 1, located at 102 Retama Court.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this day of 1997.
67
ATT. ST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
THE CITY OF GEORGETO N:
��
X�-
By: L O WOOD
Mayor
Churchill Farms, Section Four, Block C, Lot 1, Resolution No. 6 7d u a —T
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EXHIBIT A
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