HomeMy WebLinkAboutRES 940628-R - License Agmt Richard CarterMESOLUTION NO.
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WHEREAS, the City of Georgetown, has received an application for a license to
encroach into the rear 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 findings of fact; and
WHEREAS, after hearing the application of Richard E. Carter to encroach into the rear
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 •' the
property in its present status.
2. That there are no utilities which would interfere with the utilization of the
property in its present status.
3. That the accessory structure intrudes into the rear public utility easement to such
a degree that it is not economically feasible to remove the part of the structure
within the public utility easement.
4. That the land use in the neig orhood appears to be s an e 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:
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f. 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 structure within the
easement does provide a basis for granting the license necessary for the
preservation and enjoyment of the substantial property rights of the applicants.
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WHEREAS, the applicants agree to accept the terms of the license agreement as
presented to them.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIEL 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. "
2. Utilities/Energy Policy 2, which states "The City win 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. That the Mayor is hereby authorized to execute on behalf of the City of
Georgetown a License Agreement with Richard E. Carter, pertaining to the encroachment of an
accessory structure located at Lot 4, Block D, River Bend Subdivision, Unit III, into the rear
public utility easement.
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SECTION 3 This resolution shall be effective immediately upon adoption.
RESOLVED this day of , 1994.
ATT Ta THE CITY OF GEORGE
Sandra Lee By: L O WOOD
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
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