HomeMy WebLinkAboutRES 980922-XRESOLUTION 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 TWIN GABRIELS, INC.,
GENERAL PARTNER FOR GEORGETOWN SAN GABRIEL
PROPERTIES, INC., PERTAINING TO THE ENCROACHMENT OF A
PROPOSED PARKING AREA FIVE (5) FEET INTO A PORTION OF THE
TWENTY (20) FOOT PUBLIC UTILITY EASEMENT LOCATED ON THE
FRONT PROPERTY LINE OF LOT 3, BLOCK 1, OF SAN GABRIEL
VILLAGE, SECTION ONE, AS RECORDED IN CABINET Q, SLIDES 51- 52
OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, LOCATED
AT THE INTERSECTION OF THE IH -35 FRONTAGE ROAD AND WATERS
EDGE CIRCLE; 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 Twin Gabriels Inc., General Partner for
Georgetown San Gabriel Properties, Inc. 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 parking area is in such a manner that it would not be
feasible to locate it 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
San Gabriel Village, Section One, Block 1, Lot 3: License Resolution No.
Page 1 of 3
JACUR PLAN\CITYCNCL\LICENSE\1998LIC\SGV-1-3P.RES
WHEREAS, the City Council after hearing the application and finding the specific
facts as stated above now concludes and finds that:
1. The fact that the proposed parking area is in such a manner that it would not
be feasible to locate it 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 locate the proposed parking area
outside 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 3: License Resolution No.
Page 2 of 3
JACUR PLAN\CITYCNCL\LICENSE\1998LIC\SGV-1-3P.RES
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 Twin Gabriels
Inc., General Partner for Georgetown San Gabriel Properties, Inc., pertaining to the
encroachment of a parking area five (5) feet into a portion of the twenty (20) foot public
utility easement on the front property line of Lot 3, Block 1, San Gabriel Village, Section
One, located at the intersection of the IH -35 frontage road and Waters Edge Circle.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this Z),h Cday of 1998.
ATTES THE CITY OF GEORGETOWN:
Sandra D. Lee By: LEO WOOD
City Secretary Mayor
APP OVED AS TO FORM:
� 7
'Marianne Landers Banks
City Attorney
San Gabriel Village, Section One, Block 1, Lot 3: License Resolution No. �F U ?22 -n
Page 3 of 3
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EXHIBIT A
San Gabriel Village, Section One
Block 1, Lot 3
EXIST. G.T.E.
TESEMENT ISTRIBUTIO
DOC. NO 555718 VO
O.R.'
\ 0..
N 10, DO(-.
Area of Encroachment / 7
70,
TXDOT D.E.
O.R.W. C.T. 8845"]3) ��\�
1 DOC. NO. onq 5-732
LOT 3, BLOCK 1
187,951 SQ Fr
4.315 AC. 15'W.W.E.
(ZONED C -2A RESTRICTED)
GEORGETOWN SAN GABRIEL PROPERTIES, LTD.
o_ \ 808 WEST 10TH STREET
AUSTIN, TEXAS 78701-2042
ase DOC. NO. 9555857 EXIST.L� �
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EXHIBIT B
San Gabriel Village, Section One
Block 1, Lot 3 1
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