HomeMy WebLinkAboutRES 980811-FFRESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, MAKING CERTAIN FINDINGS OF FACT AND
AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT
BETWEEN THE CITY OF GEORGETOWN AND LARRY PEEL,
PERTAINING TO THE ENCROACHMENT OF A PROPOSED ROADWAY
AND PARKING AREAS INTO THE TWENTY (20) FOOT PUBLIC UTILITY
EASEMENT LOCATED ON THE SOUTH PROPERTY LINE OF LOT 2,
BLOCK 1, OF SAN GABRIEL VILLAGE, SECTION ONE, AS RECORDED
IN CABINET , SLIDES OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, TO BE KNOWN AS WATERS EDGE
APARTMENTS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown has received an application for a' license to
encroach into the public utility easement; 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 Larry Peel to encroach into the public
utility easement, the City Council of the City of Georgetown, Texas, finds the following
facts:
1. 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 roadway and parking areas are in such a manner that it
would not be feasible to relocate them outside the public utility easement.
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 One, Block 1, Lot 2; License Resolution No. !F -g? -0U 1 ^ �!
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1. The fact that the proposed roadway and parking areas are in such a manner
that it would not be feasible to relocate them outside the public utility
easement constitutes 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 remove the part of the existing
structure that encroaches into the public utility easement does 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 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 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 One, Block 1, Lot 2; License Resolution No. f4W/ / +/
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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 Larry Peel,
pertaining to the encroachment of a roadway and parking areas into the twenty (20) foot
public utility easement on the south property line of Lot 2, Block 1, San Gabriel Village,
Section One to be known as Waters Edge Apartments,.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this day of , 1998.
61
ATTEST: THE CITY OF GEORGETOWN:
-Sandra D. Lee By: L"EO WOOD
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
San Gabriel Village, Section One, Block 1, Lot 2; License Resolution No. J!/ d l !
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EXHIBIT A
Waters Edge Apartments
Detailed Development Plan
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