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HomeMy WebLinkAboutRES 101315-K - Encroach 114 Silverstone DrRESOLUTION NO. RESOLUTION OF • OF THE CITY OF GEORGETOWN, TEXAS MAKING CERTAIN DETERMINATIONS AND AUTHORIZING THE MAYOR i EXECUTE A REVOCABLE AGREEMENT PERTAINING TO THE ENCROACHMENTOF A SWIMMING POOL ! CITY PARKLAND AT WESTLAKE OF THE WOODS40GOLDRIDGE DRIVE,i i LOCATED AT 114 SILVERSTONE !ESTABLISHING DATE. WHEREAS, the City owns real property described as Westlake of the Woods Ph 1b, Lot 40 and located at Goldridge Drive, Georgetown, Texas that is designated as parkland (the "Parkland"); and WHEREAS, the City received a request from the property owner of 114 Silverstone Drive, Georgetown, Williamson County, Texas to use a portion of the Parkland to remedy an encroachment of improvements constructed on a portion of the Parkland, identified as a swimming pool constructed approximately 10 feet beyond the Parkland boundary; and WHEREAS, the property owner agrees to accept the terms of the revocable license agreement as set forth in the City Code of Ordinances Section 12.09 and to reimburse the City for costs incurred to process the request in accordance with State law requirements; and WHEREAS, the City must comply with the provisions of Texas Parks & Wildlife Code Chapter 26 to approve the use of the Parkland; and WHERAS, the City published notice of a public hearing in the Austin -American Statesman on September 215; 2015, September 281h,2015, and October 511,, 2015; and WHEREAS, a public hearing was held by the City Council of the City of Georgetown, Texas on October 131". 2015 at 6:00pm at the City Council Chambers located at 101 E. 711, Street, WHEREAS, the City Council of the City of Georgetown finds and determines that: 1. The City is the owner of the Parkland. 2. There is no feasible and prudent alternative to the use of the Parkland. Parkland Encroachment at 114 Silverstone Drive Page 1 of 2 Resolution No. %0 k 31 - October 2015 3. The use does not harm the Parkland as a park, recreation area, scientific area, wildlife refuge, or historic site, resulting from the encroachment. 4. It would not be economically feasible to locate the swimming pool outside the Parkland. 5. The improvement is not detrimental to the public health, safety or welfare or injurious to the property in the area. GEORGETOWN, TEXAS, THAT: SECTION ONE. 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. SECTION TWO. If any provision of this Resolution or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are hereby declared to be severable. SECTION THREE. The Mayor is hereby authorized to execute, and the City Secretary to attest thereto on behalf of the City of Georgetown a Revocable License Agreement in accordance with this Resolution. SECTION FOUR. This Resolution shall become effective upon its adoption. PASSED AND APPROVED on the k�) day of October, 2017 ?Js' a Brettflie, City Secretary APPROVED AS TO FORM: Bridget Chapmah, Co Attorney By: — (� Dale Ross, Mayor Parkland Encroachment at 114 Silverstone Drive Page 2 of 2 Resolution No. 0 October 13, 2015