HomeMy WebLinkAboutRES 950110-E - License Agmt ParkviewRESOLUTION NO.
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WHEREAS, the City • Georgetown has received an application for a license to encroach
into the drainage easement; and
WHEREAS, in order for a license to •- granted by the City Council • the City •
Georgetown, the Coun I must make certain findings o act;and
• after hearing the application of H. Len and Judy J. Lester to encroach into
the drainage easement, the City Council • the City of Georgetown, Texas, finds the following
facts:
1 That there are
• utilities which would be interfered with by the utilization • the
property in the proposed manner.
2. That there are
• utilities which would interfere with the • • the
property in the proposed manner.
3. That the construction will occur in such a manner that it is not feasible to locate
the fence 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
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 fence will be a temporary encroachment and that it is not feasible
to safely locate the fence outside the drainage easement does constitute special
circumstances and conditions affecting the property which, if not taken into
consideration, would deprive the applicant of the reasonable use • their rat,-
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H. Len and Judy J. Lester License Resolution No. q5
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Page 1 of 3
2. The fact that the land use is not likely to change within the foreseeable future and
that it is not feasible to safely locate the fence outside the drainage easement oes
provide a basis for granting the license necessary for the preservation and
enjoyment of the substantial property rights of the applicant.
t. The fact that the use of the easement 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 COUNCEL OF TBE
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 win ensure
that future land use patterns provide economic, cultural, and social activities to all
residents, businesses and organizations;" and
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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 Admimistrative 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 H. Len and Judy J.
F -ester, pertaining to the encroachment of a fence located on Lot 21, Block B of Parkview
Estates, Section 1, locally known as 115 Parque Vista Drive, into the rear drainage easement.
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RESOLVED this day of JdWalu )1995.
H. Len and Judy J. Lester License Resolution No.
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ATTEST:
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City Secretary D ejoc�j)
APPROVED AS TO FORM:
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City Attorney
H. Len and Judy I Lester License Resolution No.
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THE CITY OF EO GET WN:
By: teo Wood
Mayor
EXHIBIT, A
6' Privacy Fence
"roposed. Encroachment
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