HomeMy WebLinkAboutRES 900412 - Quit Claim Deed SerenadaRESOLUTION NO, t3ll
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT
AND AUTHORIZING THE MAYOR OF THE CITY OF
GEORGETOWN TO EXECUTE A QUIT CLAIM DEED TO
VACATE AND ABANDON A PORTION OF A PUBLIC
UTILITY EASEMENT LOCATED ALONG THE REAR
PROPERTY LINE OF LOT 414 OF A SECOND
RESOBDIVI&TOA OF SERENADA-COUNTRY ESTATES UNIT
TWO, AS RECORDED IN THE PLAT RECORDS SOF
WILLIAMSON'COUNTY, TERAS,
WHEREAS, the City of Georgetown has received an Application
for the Vacation of a Portion of a Public Utility Easement located
along the rear property line of Lot 414 of a Second Resubdivision
of Serenade Country Estates Unit Two, as recorded In Cabinet C,
Slide 39, in 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 swimming pool 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, including
and surrounding the easement area, have determined that
there exists no present or foreseeable future need for
the easement;
4. That the swimming pool intrudes into the easement to such
a degree that it is not economically feasible to remove
the part of the swimming pool within the easement; and
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 the use to that of the neighborhood; and
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 swimming pool 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 special circumstances and
conditions affecting the property, which if not taken
into consideration, would deprive the applicants of the
reasonable use of their property;
The fact that the land use is not likely to change within
theforeseeablefuture, and that it is not economically
feasible to remove the part of the swinaniing pool within
the easement, does provide abasis 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 detrinental 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 easenent;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, that:
SECTION Is
The Mayr is hereby authorized to execute, on behalf of the
City of Georgetown, a Quit Clain Deed to
c�gT i�:a ,u,! , abandoning the public utility easement at
the rear property line of Lot 914 of a Second Resubdivision of
Serenade Country Estates Unit Two;-asrecorded in Cabinet C, Slide
39, of the Plat, Records of Williamson County, Texas.
SECTION II.
This resolution shall be effective immediately upon adoption.
RESOLVED this day of du, v�.�" 1990,
ATTEST
Elizabeth Gray
City. Secretary
APPROVED AS TO FORM
Marianne Landers Banks
City Attorney
Utility Easement Resolution/Page.12 of 2 -Pages