HomeMy WebLinkAboutRES 940712-L - License Agmt Opal BirchRMOLUTIONNO. L—
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WHEREAS, the City of Georgetown, has received an application for a license
encroach into the public right-of-way; and i
WHEREAS, in order for a license to be granted by the City Council of the City of
Georgetown, the Council must make findings of fact; and
1. Through no fault of the present property owners, portions of the structures were
constructed in the public right-of-way.
2. That there are
• utilities which would be interfered with by the • • the
property in its • status.
3. That there are no utilities which would interfere with the utilization of the
property in its present status.
4. That the structure intrudes into the right-of-way to such a degree that it is not
economically feasible to remove the part • the structure within the right-of-way
easement
5. 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 •- 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
-• above • concludes and • that:
1. The fact that the structures were constructed within the right-of-way easement
through no fault of the present property owners and that it is not economically
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Page 1 of 3
feasible to remove the part of the structure within the easement area does
VI
not taken into consideration would deprive the applicants of the reasonable use
*f 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 structures
within the right-of-way easement does 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 right-of-way easement area 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 mijunious to the property
in the area; and
WHEREAS, the applicants agree to accept the terms of thelicense agreement as
presented to them.
NONT, TAEA3FOA2, 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:
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."
P— Utilities/Energy Policy 2, which states "The City will establish utility polici
which take into consideration the needs of all citizens of the community an
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 Mrs. Opal Birch, pertaining to the encroachments of
portions of structures located at Lot 4, Block 10, City of Georgetown, into the public right-
2OVSouth Main Street Resolution No. -Z- L
Page 2 of 3
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this./c / day of j�eLY 7 1994.
ATTEST:
Sandra Lee
City Secretary
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
ft South Main Street Resolution
Page 3 of 3
THE CITY OF GEORGE�70W-N
By: Leo Wood
Mayor