HomeMy WebLinkAboutRES 960109-U - Encroachment Reata TrailsRESOLUTION OF OF OF
GEORGETOWN, i 1' FINDINGS OF D,
AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT
BETWEEN THE CITY OF !' ! 1 TRACY DAVIS,
PERTAINING TO THE ENCROACHMENT OF A PROPOSED
SWIMMING POOL INTO THE REAR PUBLIC UTILITY EASEMENT
ANI) DRAINAGE EASEMENT LOCATED ON THE NORTH PROPERTY
LINE OF i • BLOCK 1 OF '• 1 AS
RECORDED IN CABINET F, SLIDE 113 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY,1 LOCATED AT 142 CANYON
.i.) 1 ESTABLISHING DATE.
WHEREAS, the City of Georgetown has received an application for a license to encroach
into the public utility easement and drainage easement; and
WHEREAS, the City of Georgetown has enacted Ordinance No. 1645 regulating,
controlling, and governing encroachments; 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 Tracy Davis to encroach into the public utility
easement and 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 swimming pool is in such a manner that it would not be
feasible to relocate it outside the public utility easement and 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
WHEREAS, the City Council after hearing the application and finding the specific facts
as stated above now concludes and finds that:
Lot 24, Block D, Reata Trails, Unit Three License Resolution No.
Page 1 of 3
1. The fact that the proposed swimming pool is in such a manner that it would not
be feasible to relocate it outside the public utility easement and 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 remove the part of the propose swimming
pool that encroaches into the public utility easement and 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 applicant agrees to accept the terms of the license agreement as presented
to them.
NOW, i RESOLVED BY THE CITY COUNCILOF
CITY OF GEORGETOWN,
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
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 Tracy Davis, pertaining
to the encroachment of a proposed swimming pool located on Lot 24, Block D, Reata Trails, unit
Lot 24, Block D, Reata Trails, Unit Three License Resolution No.
Page 2 of 3
Three, commonly known as 142 Canyon Road into the public utility easement and utility
easement on the north property line.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this day of %= , 1996.
ATTEST:
R.f �w
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
4,
Marianne Landers Banks
City Attorney
THE CITY OF GEORGETOWN:
B§ LEO WOOD
Mayor
Lot 24, Block D, Reata Trails, Unit Three License Resolution No. 9
Page 3 of 3
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