HomeMy WebLinkAboutRES 200411-P - Encroach Drainage EsmtRESOLUTION 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 AFFORDABLE HOUSING SOLUTIONS FOR FLORIDA,
INC., PERTAINING TO THE ENCROACHMENT OF PAVEMENT, SIDEWALKS,
AND CURBING INTO A THIRTY (30) FOOT DRAINAGE EASEMENT IN 13.935
ACRES IN THE WILLIAM ADDISON SURVEY TO BE KNOWN AS
GEORGETOWN PLACE, BLOCK A, LOT 1, AND TO BE RECORDED IN THE
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, LOCATED ON QUAIL
VALLEY DRIVE EAST OF GEORGIAN DRIVE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Georgetown has received an application for a license to encroach
into a thirty (30) foot drainage 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 Affordable Housing Solutions for Florida, Inc.
to encroach into a thirty (30) foot drainage easement, the City Council of the City of Georgetown,
Texas, finds the following facts:
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 encroachment is in such a manner that it would not be feasible to locate it
outside the drainage 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:
1. The fact that the encroachment is in such a manner that it would not be feasible to
locate it outside the drainage 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 encroachment outside the drainage
easement do provide a basis for granting the license necessary for the preservation
and enjoyment of the substantial property rights of the applicant.
Georgetown Place, Block A, Lot 1: License Resolution No.
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3. The fact that the use of the easement area by the property owner does not interfere
with the drainage, 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;"
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 Affordable Housing Solutions
for Florida, Inc., pertaining to the encroachment of pavement, sidewalks, and cubing into a thirty (30)
foot drainage easement in 13.935 acres in the William Addison Survey to be known as Georgtown
Place, Block A, Lot 1, located on Quail Valley Drive east of Georgian Drive.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this /P' c day of IMW IL ,2000.
ATTEST:/ THE CITY OF GEORGETOWN:
Sandra D. Lee By: MaryEllen Kersch
City Secretary Mayor
AP APROVED AS TO FORM:
N
Marianne I
arianne Landers Banks
City Attorney
Georgetown Place, Block A, Lot 1: License Resolution No. ? 0,0
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