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Home My WebLink AboutRES 960827-BB - Encroachment Sun CityRESOLUTION NO. IW C-8-2 17- 613 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 SCOTT AND WHITE MEMORIAL HOSPITAL, PERTAINING TO THE ENCROACHMENT OF A METAL BUILDING INTO THE WATER LINE EASEMENT LOCATED ON TRACT A OF SUN CITY GEORGETOWN, PHASE 1, NEIGHBORHOOD TEN -A, AS RECORDED IN CABINET M, SLIDES 225- 227 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND LOCATED EAST OF DEL WEBB BOULEVARD; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has received an application for a license to encroach into the water line 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 Scott and White Memorial Hospital 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 proposed structure is in such a manner that it would not be feasible to relocate 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 WHEREAS, the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: Tract A, Sun City Georgetown, Phase 1, Nei hborhood Ten -A License Resolution No. f �%3' 7 — % Page 1 of 3 1. The fact that the proposed structure 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 remove the part of the existing structure 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 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 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 Scott and White Memorial Hospital, pertaining to the encroachment of a driveway located on Tract A of Sun City Georgetown, Phase 1, Neighborhood Ten -A, into the water line easement. Tract A, Sun City Georgetown, Phase 1, Neighborhood Ten -A License Resolution No. C L% 7— %36 Page 2 of 3 SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this Cm ry 'L day of ��n - 5 1996. ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney THE CITY OF GEORGFfTOWN: 4 r By: hEO WOOD Mayor Tract A, Sun City Georgetown, Phase 1, Neighborhood Ten -A License Resolution No., QJ?,g7-/_3b Page 3 of 3 EXHIBIT A•1 ®rn TRACT "A' PLANNED UNIT DEVELOPMENT SUN CITY GEORGETOWN NEIGHBORHOOD TEN -A PHASE 2. TRACT "A" CABINET M, SLIDES 225-227 W.C.P.R. PLANNED UNIT DEVELOPMENT 10.490 ACRES SUN CITY GEORGETOWN SCOTT AND WHITE PHASE 2, NEIGHBORHOOD IDA MEMORIAL HOSPITAL O. AL ET 2L CABINET M. CSLIIDRES 225-227 O.R.W•C.T. 10.490 ACRE TRACT 9600002 \ 15' 'WA�TERLINE QB"N oma° M T . ?: J& . q FS e gs, 7�6 \� W.D. ISCHY \ 6.25 ACRES R.M. 2338 VOL. 836. PG. 8B7 80' WIDE w.C.D.R• VOL. 834. PC- 809 -- - P.O.C. w.c.O.R. X=3.112.701.0988 P.O.R.-- Y=10.226.778.6361 X=3.112.658.0600 Y=10.226.808.1004 GENERALLOCATION TOCMAP SCALE Exhibit 14-1 SKETCH OF 15' WATERLINE ESMT. 0.753 ACRE (32,787 SO -FT.) W.G. WILKINSON SURVEY, A-671 WILLLIAMSON COUNTY, TEXAS DOCUMENT N0. O. R. W. C. T. 15' WIDE WATERLINE ESMT. 0.747 ACRE (32,533 SO-FT.I ISAAC JONES SURVEY, A-361 W.D. ISCHY 6.25 ACRES VOL. 836, PG. 887 W.C.D.R. c2jc1 — z - - P.O.C. X=3.112.701.0988 Y=10.226.778.6361 --- P.O. B . X=3,112.658.0600 Y=10,226.808.1004 20' WIDENING OF R.M. 2338 CABINET M. SLIDES 95-116 w.C.P.R. EXHIBIT A-2 Mq TSN C SNF L40 L46 W.G. WILKINSON SURVEY, A-671 TRACT "A" PLANNED UNIT DEVELOPMENT SUN CITY GEORGETOWN 15' PHASE 2. NEIGHBORHOOD t0A WATERLINE --- - CABINET M. SLIDES 225-227 ESMT. W.C.P.R. 10.490 ACRE TRACT DOCUMENT NO. 9600002 O.R.W.C.T. 2� �05- 9&�aS�7- 6� Z-, hi,6iN -, 15� L50 L6 S L58 L54 L56 15' WATERLINE --- ESMT. EXHIBIT A-3 W.G. WILKINSON SURVEY, A-671 TRACT "A" PLANNED UNIT DEVELOPMENT SUN CITY GEORGETOWN PHASE 2, NEIGHBORHOOD 10A CABINET M. SLIDES 225-227 W.C.P.R. 10.490 ACRE TRACT DOCUMENT NO.9600002 O.R.W.C.T. EXHIT A-4 15' WATERLINE 1 e� ESMT. do � Uzi � TRACT "A" _ PLANNED UNIT DEVELOPMENT SUN CITY GEORGETOWN PHASE 2, NEIGHBOPH00D t0A CABINET M. SLIDES 225-227 W.C.P.R. 10.490 ACRE TRACT DOCUMENT NO. 9600002 0. R. W. C. T. W•G. WILKINSON SURVEY, A-671 �9 7 J y�f «�