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HomeMy WebLinkAboutRES 990126-Y - Encroach Luby's RestaurantWHEREAS, the City of Georgetown has received an application for a license to encroach into the public utility easements; 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 Luby's Restaurants LP, to encroach into the temporary access, water, and wastewater easements, the City Council of the City of Georgetown, Texas, finds the following facts: I That there are no utilities which would be interfered with by the utilization of the property in the proposed manner. 2. That there are no utilities which would interfere with the utilization of the property in the proposed manner. 3. That the proposed encroachments are in such a manner that it would not be feasible to locate them outside the temporary access, water, and wastewater easements. 4. 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 WHEREAS, the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: San Gabriel Village, Section Two, Phase 1, Block 1, Lot 1: License Resolution No. Page I of 3 J:\CUR-PLAN\CITYCNCL\LICENSE\i999LIC\SGV2-1 I PRES 1 The fact that the proposed encroachments are in such a manner that it would not be feasible to locate them outside the temporary access, water, and wastewater easements constitute special circumstances and conditions affecting the property which if not 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 economically feasible to locate the encroachments outside the temporary access, water, and wastewater easements do provide a basis for granting the license necessary for the preservation and enjoyment of the substantial property rights of the applicant. 3. The fact that the use of the easement area by the property owner 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 TAE-CITT 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 the City's development process encourages new and infill development;" and 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;" San Gabriel Village, Section Two, Phase 1, Block 1, Lot 1: License Resolution No. Page 2 of 3 JACUR-PLAN\C1TYCNCL\L10ENSE\1 999LIC\SGV2-1 1 PRES 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. The Mayor is hereby authorized to execute, and the City Secretary to attest thereto on behalf of the City of Georgetown a License Agreement with Luby's Restaurants LP, pertaining to the encroachment into the platted thirty (30) foot wide temporary access easement, twenty (20) foot wide wastewater easement, and ten (10) foot wide waterline easement for proposed parking areas as illustrated in Exhibit A, for San Gabriel Village, Section Two, Phase 1, Block 1, Lot 1, located at 250 South I H35 (or 100 San Gabriel Village Boulevard) also known as the Luby's Cafeteria. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of '1999. ATTESTS THE CITY OF GEORGETOWN: Sandra D. Lee By: LEO VV0dD City Secretary Mayor APPROVED AS TO FORM: Marianne La6Cers Banks City Attorney San Gabriel Village, Section Two, Phase 1, Block 1, Lot 1 Page 3 of 3 JACUR-PLAN\C1TYCNCLNL10ENSE\1 999LICkSGV2-1 1 PRES License Resolution No. -?P/0? 4 EXHIBIT A 250 South IH35 MR I womm--, NO MGM