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HomeMy WebLinkAboutRES 072506-Q - Public Park Land Railroad SpurRESOLUTION NO. 07 a 5 010 Q Resolution of the City Council of the City of Georgetown, Texas Relating to Use of a Portion of Public Park Land as Railroad Spur Track, Said Land Being 0.72 Acres Out of Lot 4, Block "A" Madison Oaks Phase Two Subdivision (as Recorded in Cabinet X Slides 301- 302 of the Property, Records of Williamson County), in the City of Georgetown, Texas for Railroad Spur Crossing Purposes; Approving a Lease Agreement for Such Use of the Park Land; and Making Determinations Regarding Same. WHEREAS, on July 25, 2006 pursuant to Chapter 26 of the Texas Parks & Wildlife Code, the City Council of the City of Georgetown held a Public Hearing to consider a proposed project that would require the use of a portion of public land known as Lot 4, Block A of the Madison Oaks Subdivision, Phase Two, in the City of Georgetown, Texas for railroad spur crossing purposes; and WHEREAS, in confoiniance with the Texas Parks and Wildlife Code, notice of the public hearing was published in the Austin American Statesman on June 28, 2006; July 5, 2006; and July 12, 2006; and WHEREAS, in confouuiance with the Texas Parks & Wildlife Code, notice of the public hearing was also published in the Williamson County Sun on June 28, 2006; July 5, 2006; and July 12, 2006; and WHEREAS, notice was also mailed to the Executive Director and to the Parks Director of the Texas Parks & Wildlife Department at least thirty (30) days before the public hearing, and WHEREAS, 84 Lumber desires to construct a real spur track thru certain public parkland for railroad crossing purposes; and WHEREAS, at the public hearing, information, evidence, andtestimony was received relating to whether there is no feasible and prudent alternative to the use of the parkland, and whether the project includes all reasonable planning to minimize harm to the parkland as a park, resulting from the use. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: Section 1. Based on the information, evidence, and testimony presented at the public hearing and made available to the City, the City Council hereby determines that there is no feasible and prudent alternative to the use of a portion of public land known as Lot 4, Block "A ' of the Madison Oaks Subdivision, Phase II, in the City of Georgetown. Resolution No. 07a.5 No ` Q Madison Oaks Phase II Rail Road Spur in Parkland Page 1 of 2 Section 2: Based on the information, evidence, and testimony presented at the public hearing and made available to the City, the City Council hereby deteiruines that the project includes all reasonable planning to minimize harm to the parkland as a park or recreation area resulting from the use or taking of such a portion of public land known as Lot 4, Block A of the Madison Oaks Subdivision, Phase II, in the City of Georgetown. Section. 3: The City Council hereby approves the attached Lease Agreement by and between the City of Georgetown and Hardy Management Company, LLC, a Nevada Limited Liability Company, which sets forth the rights and responsibilities of the parties as to this matter. Section 4: attest. The Mayor is authorized to sign this Resolution and the City Secretary to PASSED AND APPROVED on the 25th day of July, 2006. ATTEST: THE CITY OF GEORGETOWN: By; ' By: Sandra D Lee City Secretary Mayor APPROVED AS TO FORM: Pftricia E. Carls Brown & Carls, L L P City Attorney Resolution No 5 No a Madison Oaks Phase II Rail Road Spur in Parkland Page 2 of 2