HomeMy WebLinkAboutRES 930914-P - Agmt Encroach ChurchY
I- - I "I&IJIMI)MV:
1 1,6101
WHEREAS, the City of Georgetown has received an application for a license to encroach
into the public right-of-way; 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 of the City of
Georgetown, the Council must make certain findings of fact; and
WHEREAS, after hearing the application of the First United Methodist Church to
encroach into the public right-of-way, the City Council of the City of Georgetown, Texas, finds
the following facts:
1. Due to the construction on the property, the present property owners must
temporarily move their playground to a location that will result in a five (5) foot
encroachment into the public right-of-way.
2. That there are no utilities which would be interfered with by the utilization of the
property in the proposed manner.
3. That there are no utilities which would interfere with the utilization of the
property in the proposed manner.
I. That the construction will occur in such a manner that it is not feasible to safely
locate the playground and fence outside the public right-of-way.
S. 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 compatible with other uses in the neighborhood; and
1st Methodist Church License Resolution No. 13—�01V—P
Page 1 of 3
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 playground and fence will be a temporary encroachment and that
it is not feasible to safely locate the playground and fence outside the right-of-way
area does constitute special circumstances and conditions affecting the property
which if
•'' taken into consideration would deprive the applicant 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 feasible to safely locate the playground and fence outside the right-
of-way does provide a basis for granting the license necessary for the preservation
and enjoyment of the substantial property rights of the applicant.
t. The fact that the temporary use • the right-of-way area by the property owne�
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 applicant agrees 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 -
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;" and
• further finds that the adoption • this resolution is not • or in • with any
ither Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the
Plolicy Plan.
SECTION 2. The • is hereby authorized to execute, and the City Secretary to attest
thereto on behalf of the City of Georgetown a License Agreement with the First United
lst Methodist Church License Resolution No.
Page 2 of 3
Methodist Church, pertaining to the encroachment of a playground and fence located at Hughes
Addition, Block 2, commonly known as 410 E. University Avenue, into the public right-of-way
on East 13th Street. The terms •i 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:
6L ILI
Elizabeth Gray
City Secretary
Marianne Landers Banks
City Attorney
1st Methodist Church Lice -use Resolution No.
Page 3 of 3
THE CITY OF GEORGE'rl-'WN:
T,
By: LEO WOOD
Mayor