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Home My WebLink AboutRES 930323-J - Agmt Encroach of StructureA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF GEORGETOWN AND BRIDGE PARTNERS/ GEORGETOWN PARK LIMITED, PERTAESING TO THE ENCROACHMENT OF A STRUCTURE LOCATED ALONG THOUSAND OAKS BOULEVARD AT THE GEORGETOWN PARK APARTMENTS, 300 LUTHER DRIVEI IN TO T]HEPUBLIC RIGHT-OF-WAY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown, has received an application for a license to encroach into a public right-of-way; WHEREAS, the City of Georgetown has enacted Ordinance No. 1645 regulating, controlling and governing encroachments; 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 facts-, WHEREAS, after hearing the application of Bridge Partners/Georgetown Park Limited to encroach into the public night -of -way, the City Council of the City of Georgetown, finds the following facts: 1. Through no fault of the present property owners, a portion of the structure was constructed in the -utility easement. 2. That there are no utilities which would be interfered with by the utilization of the property in its present 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 easement to such a degree that it is not economically feasible to remove the part of the structure within the easement. Georgetown Park Apts. Resolution Page 1 of 1 5. That the land use in the neighborhood appears to be stable and the use which this property is beig put is not likely to change within the foreseeab future anJ is similar to the use to that of the neighborhood-, 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 the structure was constructed within the easement tjhrough fault of the present property owners and that it is not economically feasible _eF J Yeifrirm ihe jimNrf�i&-A autuft- ff%filraw circumstances and conditions affecting the property which if not take in 2. The fact that the land use is not likely to change within the foreseeab future and that it is not economically feasible to remove the part of the structu within the ea ement doei irovide a � ii for irantini the license necessary - r tf�l i. _ij - - 0M74 ON IN, M 1 Erg 11 It K-731 I KWJ If 1-7) It Mu gto 1,71m I Im r. I I I I rox M U LIJ elm a wme [—?I I Iwo) M I I 1W. u, I 3. The fact that the use of the 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 injurious to the property in the area. 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: which states: 1. Growth and Physical Development Policy 1, which states "The City wil ensure that future land use patterns provide economic, cultural, and soci activities to all residents, businesses and organizations." I 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 Georgetown Park Apts. Resolution Page'2 of 1 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 [!'olicy Plan. SECTION 2. That the Mayor is hereby authorized to execute on behalf of the City of Georgetown a License Agreement with Bridge Partners/Georgetown Park Limited, pertaining to the encroachment of a portion of a structure located along Thousand Oaks Boulevard at the Georgetown Park Apartments, 300 Luther Drive, into the public right-of-way area. The terms of said License Agreement are as set forth in the form which is attached hereto as Exhibit "A" and incorporated herein by reference for all purposes. �611 I WIM MM IIIIIIIIIIIIII � 11 iii 11� 111 6 . 9 P I - � I RESOLVED this - day of VI f \ ATTEST: Elizabeth Gray City Secretary City Attorney Georgetown Park Apts. Resolution No. Page 3 of 1 WIN THE CITY OF GEORGE WN: By: 1 B YEIWO —0 - Mayor LIQ " OIC' LOT 1, BLOCK A, TOYAH POINT, 'SECTION THREE, CITY'.... 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