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HomeMy WebLinkAboutRES 930525-E - Encroach Agmt 1006 Church Stf- "7 RESOLUTION No. Die It 1 0 # WHEREAS, the City • Georgetown, has received an application for a license tt encroach into a public right-of-way easement; and WHEREAS, the City of Georgetown has enacted Ordinance No. 1645 regulatin controlling and governing encroachments; and i WHEREAS, in order for a license to be granted by the City Council • the City of Georgetown, the Council must make certain findings of fact; and WHEREAS, after hearing the application of Mr. and Mrs. Karl Schneider to •. into the public • the City Council • the City of Georgetown, Texas, finds the following facts: 1. • no fault •; the -present -property owners, a portion • the structure was constructed in the • • 2. That there are • utilities which would be interfered with by the utilization of the •r- in'its present status. That there are no utilities which would interfere with the utilization • thu •r- 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 of the structure within the night -of -way easement. 1006 Church Street Resolution No. Page 1 of 3 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 change within the foreseeable future and is similar to other uses in the neighborhood; and WHEREAS, the City • after hearing the application and • the specific facts as sout! above • concludes and finds that: 1. The fact that the structure was constructed within the right-of-way easement through no fault of the present property owners and that it is not economically feasible to remove the part of the structure within the easement area does constitute special circumstances and conditions affecting the property which if not taken into consideration would deprive the applicants of the reasonable use of their property. 2. The fact that the land use is not likely to • within the foreseeable future and that it is not economically feasible to remove the part of the structure 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 injurious to the property in the area; and WHEREAS, the applicants agree to accept the terms of the license agreement as presented to them. NOW9 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 - 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." 1006 Church Street Resolution No. Page 2 of 3 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 tak- r • 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 P,an. SECTION 2. That the Mayor is hereby authorized to execute on behalf of the City of Georgetown a License Agreement with Mr. and Mrs. Karl Schneider, pertaining to the encroachment of a portion of a structure located at Lots 3 and 4 , Block 22 City of Georgetown, 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. RESOLVED this day of 1993. ATTEST: THE CITY OF GA OR7,WN. Elizabeth Gray By: LEO WOOD City Secretary Mayor APPROVED AS TO FORM: Marianne Landers Banks City Attorney 1006 Church Street Resolution No. Page 3 of 3 RESOLUTION NO. q321 - IN I # # # # # WHEREAS, the City of Georgetown, has received an application for a license tot encroach into a public right-of-way easement; and WHEREAS, the City of Georgetown has enacted Ordinance No. 1645 regulating, controlling and governing encroachments; and WHEREAS , in order for a license to •- granted • the City Council • the City • Georgetown, the Council must make certain findings of fact; and WHEREAS, after hearing the application • Mr. and Mrs. Karl Schneider to •. • the • • the City Council • the City • Georgetown, Texas, finds the following facts - 1. Through no fault of the present property owners, a portion of the structure was constructed in the public •. 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 right-of-way to such a degree that it is not economically feasible to remove the part of the structure within the right-of-way easement. 1006 Church Street Resolution No. - Page 1 of 3 5. That the land use in the neighborhood appears to be stable and the use to which this property is bemig Dut 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 stated above now concludes and finds that: 1. The fact that the� structure was constructed within the right-of-way easement through no fault of the present property owners and that it is not economically feasible to remove the part of the structure within the easement area does constitute special circumstances and conditions affecting the property which if not taken into consideration would deprive the applicants of 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 structure 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 injurious 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." 1006 Church Street Resolution No. wa Page 2 of 3 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. SECTION 2. That the Mayor is hereby authorized to execute on behalf of the City of Georgetown a License Agreement with Mr. and Mrs. Karl Schneider, pertaining to the encroachment of a portion of a structure located at Lots 3 and 4, Block 22, City of Georgetown, 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. 910101[milli 11111! i•iiiii ill 1111 ill 1.111 1 i 1 i^1 14 .011 1 RES OLVED this a �-,— day of ATTEST: Elizabeth Gray City Secretary APPROVED AS TO FORM: - WMI City Attorney 1006 Church Street Resolution No. Page 3 of 3 1993. THE CITY OF GEOR711 E11TOWN: I: 1 0 kyj " yj 1§0 00 EXHIBIT A A IraA Acd ILI Lot 4 Lo t 0 c 22 Foci Pa f'o u cv, C--- 77 I3 'F. I Kv lyllzr,, iriV I�rcr�D, IWO% 5 ri r, Cj 46 LI 12:! f coeic C 5 S Chc,64,rch Street ( 60'PDV;