HomeMy WebLinkAboutRES 951212-Y - License Agmt Del Webb CoRESOLUTION NO. Y5
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VMEREAS, the City of Georgetown has received an application for a license to encroach
into the public utility easement; and
WHEREAS, the City of Georgetown has enacted Ordinance No. 1645 regulating,
controlling, and governing encroachments- and
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WHEREAS, in order for a license to be granted by the City Council of the City of
,jeorgetown, the Council must make certain findings of fact; and
WHEREAS, after hearing the application of Richardson Verdoorn, Inc. 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 th-
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property in the proposed manner.
3. That the proposed structures are in such a manner that it would not be feasible to
relocate them 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 -
Sun City Georgetown, Phase 1, Neighborhood One, Lot D
License Resolution No. Y
Page 1 of 3
1. The fact that the proposed structures are in such a manner that it would not b�-
feasible to relocate them outside the public utility easement constitutes special
circumstances and conditions affecting the property which if not taken int,*
consideration would deprive the applicant • 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 structures
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.
911. The fact that the use of the easement area by the property owner does net
interfere with the utilities or access to the utilities and is not detrimental to the
public health, safety • welfare • • to the property in the area; and
REAS, 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, • 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.
• 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
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utility easement located on Lot D of the Planned Unit Development of Sun City Georgetown,
Phase 1, Neighborhood One, located at RM2338 and Del Webb Boulevard.
Sun City Georgetown, Phase 1, Neighborhood One, Lot D
License Resolution No.
Page 2 of 3
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RESOLVED this t day of 1995.
ATT T: THE CITY OF GEORGE
Vic.;-� `�..rv�..... , %'' t% - � ,
Sandra D. Lee By: 'LEO WOOD
City Secretary Mayor
ROVED AS TO FORM:
Marianne LanTers Banks
City Attorney
Sun City Georgetown, Phase 1, Neighborhood One, Lot D
License Resolution No. Y4v,"- /V
Page 3 of 3
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