HomeMy WebLinkAboutRES 971028-U - Encroach Park Meadow W.RESOLUTION NO. 9/ 1 D o U- U
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 DEL WEBB TEXAS
LIMITED PARTNERSHIP, PERTAINING TO THE ENCROACHMENT OF
A SIX (6) FOOT MASONRY WALL CROSSING THE TWENTY (20) FOOT
WIDE WASTEWATER EASEMENT EXTENDING ALONG THE SIDE
PROPERTY LINES BETWEEN SUN CITY GEORGETOWN,
NEIGHBORHOOD ONE, BLOCK 5, LOTS 22 AND 23, AS RECORDED IN
CABINET M, SLIDE 95-116 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND LOCATED AT 107 AND 109 OLD CHISHOLM
TRAIL; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown has received an application for a license to encroach
into the wastewater 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 Del ` Webb Texas Limited Partnership to
encroach into the wastewater easement, the City Council of the City of Georgetown, Texas, find s
the following facts:
1. That the existing wastewater utilities would not be interfered with by the utilization
of the property in the proposed manner.
2. That the existing wastewater utilities would not interfere with the utilization of the
property in the proposed manner.
3. That the masonry wall is designed in such a manner that it would not be feasible
to locate it outside the wastewater 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
Sun City Georgetown, N'hd One, Block 5, Lots 22 and 23 Resolution No.
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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 masonry wall is in such a manner that it would not be
feasible to relocate it outside the wastewater 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 masonry wall that
encroaches into the wastewater 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 wastewater 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;"
Sun City Georgetown, N'hd One, Block 5, Lots 22 and 23 Resolution No. 1 l0 is—
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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 Del Webb Texas Limited
Partnership, pertaining to the encroachment of a six (6) foot masonry wall into of the twenty (20)
foot wide wastewater easement extending along the side property lines between Sun City
Georgetown, Neighborhood One, Block 5, Lots 22 and 23, located at 107 and 109 Old Chisholm
Trail.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this day of 1997.
ATTE : THE CCIITY OF GEORGETOWN:
Sandra D. Lee By: L O WOOD
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Sun City Georgetown, N'hd One, Block 5, Lots 22 and 23
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Resolution No. % 7l D C.0 — X
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Proposed Masonry Wall
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