HomeMy WebLinkAboutRES 960123-X - Encroach Sun City Phase 1RESOLUTION OF ! 1 OF OF
GEORGETOWN, TEXAS, MAKING CERTAIN FINDINGS OF FACT AND
AUTHORIZING THE i; TO EXECUTE A LICENSE AGREEMENT
BETWEEN THE CITY OF !• ! 1 THE DEL WEBB
CORPORATION, PERTAINING TO THE ENCROACHMENT OF A
PROPOSED FENCE INTO THE DRAINAGE EASEMENT LOCATED ON
THE COMMON i PROPERTY LINE OF !' 1 22 OF
PLANNED UNIT DEVELOPMENT OF f• i
SLIDEPHASE 1, NEIGHBORHOOD ONE, AS RECORDED IN CABINET M,
' OF ! • 1 OF WILLIAMSONCOUNTY,
TEXAS 1 LOCATED AT 109 AND 111 OLD CHISOLM TRAIL;1
ESTABLISHINGDATE.
WHEREAS, the City of Georgetown has received an application for a license to encroach
into the 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 the Del Webb Corporation 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 proposed structure is in such a manner that it would not be feasible to
relocate 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
Lots 21 and 22, The Planned Unit Development of Sun City Georgetown,
Phase 1, Neighborhood One
Resolution No.
Page 1 of 3
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 structure is in such a manner that it would not be
feasible to relocate it outside the 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 proposed structure
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 applicant agrees to accept the terms of the license agreement as presented
to them.
NOW, • ! • BE IT RESOLVED ! ! OF THE
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.
Lots 21 and 22, The Planned Unit Development of Sun City Georgetown,
Phase 1, Neighborhood One
Resolution No.
Page 2 of 3
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 the Del Webb
Corporation, pertaining to the encroachment of a proposed fence located on Lots 21 and 22 of
the Planned Unit Development of Sun City Georgetown, Phase 1, Neighborhood One, commonly
known as 109 and 111 Old Chisohn Trail, into the drainage easement on the common property
line.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this
day of ,f/4Kj'UiA42N' 1996.
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
THE CITY OF GEORGETOWN:
By: UtO WOOD
Mayor
Lots 21 and 22, The Planned Unit Development of Sun City Georgetown,
Phase 1, Neighborhood One
Resolution No.
Page 3 of 3
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