HomeMy WebLinkAboutRES 910125 - Quit Claim Deed Vacate PUEM
WHEREAS, the City of Georgetown has received an application for the vacation and
abandonment of a five foot (5') and ten foot (10') wide public utility easement which
extends along the common property line between Lots 8 and 9, Block 1, Oak Crest Estates
as recorded in Cabinet B, Slides 79-81 of the Plat Records of Williamson County, Texas;
WHEREAS, in order for a public utility easement to be abandoned by the City
Council of the City of Georgetown, the Council makes certain findings of facts, as follows:
1. That through no fault of the present property owners, a portion of a structure
was constructed in the public utility easement;
2. That there are no utilities existing in the easement;
3. That the utility companies serving the area, includingt' and surrounding the
easement area, have determined that there exists no present or foreseeable
future need for the easement;
4. That the structure intrudews into the easement to such a degree that it is not
economically feasible to remove the part of the structure within the 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 change within the foreseeable
future and is similar to that of the neighborhood; and
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WHEREAS, after hearing the Application and finding the specific facts as stated
above, the City Council now concludes and finds that:
1. The fact that the structure was constructed within the 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
Utility Easement Abandonment Resolution AdIs—
Page 1 of'3
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
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future, and that it is not economically feasible to remove the part of the
structure within the easement, does provide a basis for granting the use
necessary for the preservation and enjoyment of the substantial property right
of the applicants;
3. The fact that the use of the easement area by the property owners does not
interfere with any utilities or access to any utilities, is not detrimental to the
public health, safety or welfare or injurious to the property in the area, and
that there exists no present or foreseeable future need for the easement, does
constitute a basis for vacating and abandoning the easement.
SECTION I
The Mayor is hereby authorized to execute on behalf of the City of Georgetown, a
Quit Claim Deed vacating g and abandoning a five foot (5') and ten foot (10') wide public
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utility easement which extends along the common property line between Lots 8 and 9, Block
1, Oak Crest Estates, as shown on Exhibit A and as recorded in Cabinet B, Slides 79-81 of
the Plat Records of Williamson County, Texas; '
This resolution shall be effective immediately upon adoption.
RESOLVED this day of 1991.
ATTEST: THE CITY OF ORGETOWN:
Elizabeth Gray
By: W.H. CONNOR
City Secretary Mayor
Utility Easement Abandonment Resolution Aftot
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APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Utility Easement Abandonment Resolution #
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EXHIBIT A
309 Oak Crest Lane
LOCATION
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Scale 1"=100'
EXHIBIT B
309 Oak Crest Lane
Scale 1":73o,