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HomeMy WebLinkAboutRES 950314-I - Agmt 4206 Val Verde DrWHEREAS, the City of Georgetown, has received an application for a license to encroach into the side public utility 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 finds of fact; and WHEREAS, after hearing the application of Carol Marie Chepulis 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 its proposed status. 2. That there are no utilities which would interfere with the utilization of the property in its proposed status. 3. That the existing structure intrudes into the public utility easement to such a degree that it is not economically feasible to remove the part of the structure within the 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 similar to 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: Serenada West, Lot 45 V. Resolution Na. Page 1 of 3 1. The fact that it is not economically feasible to remove the part of the existing structure within the easement area constitutes special circumstances and conditions affecting the property which if not taken into consideration would deprive the applicants of the reasonable use of their property. k . The fact that the land use is not likely to change within the foreseeable future and that the existing structures within the public utility easement do provide a basis for granting the license necessary for the preservation and enjoyment of the substantial property rights of the applicants. 3. The fact that the use of the public utility easement by the property owners 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 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITI OF GEORGETOWN, TEXAS THAT- SECTIQN 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 actives to all residents, businesses and organizations." 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 Century Plan Policies, as required by Sec. 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. That the Mayor is hereby authorized to execute on behalf of the City of Georgetown a License Agreement with Carol Marie Chepulis pertaining to the encroachments of a storage structure and parking area located at Lot 45, Serenada West into the public utility easement area. Serenada West, Lot 45 P Resolution No.j!��� Page 2 of 3 SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of 1995. ATTEST: THE CITY OF GEORGETPWN §andra, Lee By: 6o Wood City Secretary Mayor APPROVED AS TO FORM: Serenada West, Lot 45 Resolution No. Page 3 of 3 EXHIBIT A VA VERDE DRIVE 46 44 Do ENCROACHMENT