HomeMy WebLinkAboutRES 940628-T - License Agmt James Kimbrow0 1
RESOLUTION NO. qlke'r"'v /
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WHEREAS, the City of Georgetown, has received an application for a license to
encroach into the rear drainage 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 James and Rhonda Kimbrow to encroach into
the drainage easement, the City Council of the City of Georgetown, Texas, finds the followint
facts:
1 That there are no utilities which would be interfered with by the utilization of 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 fence structure intrudes into the drainage easement to such a degree that
it is not economically feasible to remove the part of the fence structure within 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 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 -
1. The fact that it is not economically feasible to remove the part of the fence
structure within the easement area constitutes special circumstances and conditions
affecting the property which if not taken into consideration would deprive the .•
410 Tamara Drive, Lot 18, Block H, Sierra Vista, Section H Resolution No. Zr— T
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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 structure within the
easement does provide a • for granting the license necessary for the
preservation and • • the substantial property rights • the applicants.
3. The fact that the use of the drainage easement area by the property owners does
• interfere with the utilities •: access to the utilities and is not detrimental to
the public health, safety • welfare • • to the property in the area; and
WHEREAS, the applicants agree 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,
which states:
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
r• 2, which states "The City will establish utility policies
which take
• consideration the --•i. • all citizens • the •: and take
necessary precautions to prevent harmful ecological impact to the environment;
and further finds that the adoption of this resolution is not • • in • with any
other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the
Policy Plan.
•' 2. That the Mayor is hereby authorized to execute • •- • the City •
Georgetown a License Agreement with James and Rhonda Kimbrow, pertaining to the
encroachment of a fence structure located at Lot 18, Block H, Sierra Vista, Section II, into the
rear drainage easement.
• 3. This resolution shall be effective immediately upon adoption.
410 Tamara Drive, Lot 18, Block H, Sierra Vista, Section 11 Resolution No. -WO&Zf- 7
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RESOLVED this day of ,1994.
ATT T, THE CITY OF GEORGETOWN:
Sandra Lee By: LEO WOOD
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
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410 Tamara Drive, Lot 18, Block H, Sierra Vista, Section II Resolution No.
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