HomeMy WebLinkAboutRES 931109-E - 1700 Church St EncroachmentINW0111 =11 I I
AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT
I:" THE CITY OF GEORGETOWN AND MS. LAURETTM
AUDETTE, PERTAINING TO THE ENCROACHMENT OF A
STRUCTURE LOCATED AT LOTS I AND 2, BLOCK 1, EUBANK
ADDITION, MORE COMMONLY KNOWN AS 1700 CHURCH STREET,
INTO THE KNIGHT STREET PUBLIC 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; 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 Ms. Lauretta Audette to encroach into the
public right-of-way, the City Council of the City of Georgetown, Texas, finds the followin:
facts:
1. Through no fault of the present property owners, a portion of the structure was
constructed in the public right-of-way.
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.
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
P
WHEREAS, the City Council after hearing the application and finding the specific facts
as stated above now concludes and finds that:
1700 Church Street Resolution No.
Page 1 of 3
1. The fact that the structure was constructed within the right-of-way through n1f;
fault of the present property owners and that it is not economically feasible vw
remove the part of the structure within the right-of-way area does constitute spe-
cial circumstances and conditions affecting the property which if not taken intil.,
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 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 area by the property owners does not in-
terfere 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
VMEREAS, 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
resolutiR n 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 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 Ms. Lauretta Audette, pertaining to the encroachment
of a portion of a structure located at Lots I and 2, Block 1, Eubank Addition, into the Knight
Street public right-of-way area.
1700 Church Street Resolution No.MLM—E
Page 2 of 3
RESOLVEDthis day of 1993.
ATTEST: THE CITY OF GEORGETOWN:
--E-1izabeth,--Gtay-,S,-By: LEO WOOD
U -
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
1700 Church Street Resolution No.q311V I- E
Page 3 of 3
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