HomeMy WebLinkAboutRES 990126-Y - Encroach Luby's RestaurantWHEREAS, the City of Georgetown has received an application for a license to
encroach into the public utility easements; 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 Luby's Restaurants LP, to encroach into
the temporary access, water, and wastewater easements, the City Council of the City of
Georgetown, Texas, finds the following facts:
I 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 encroachments are in such a manner that it would not be
feasible to locate them outside the temporary access, water, and wastewater
easements.
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 Two, Phase 1, Block 1, Lot 1: License Resolution No.
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1 The fact that the proposed encroachments are in such a manner that it would
not be feasible to locate them outside the temporary access, water, and
wastewater easements constitute 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 encroachments outside
the temporary access, water, and wastewater easements do 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 TAE-CITT
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 Two, Phase 1, Block 1, Lot 1: License Resolution No.
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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 Luby's
Restaurants LP, pertaining to the encroachment into the platted thirty (30) foot wide
temporary access easement, twenty (20) foot wide wastewater easement, and ten (10) foot
wide waterline easement for proposed parking areas as illustrated in Exhibit A, for San
Gabriel Village, Section Two, Phase 1, Block 1, Lot 1, located at 250 South I H35 (or 100
San Gabriel Village Boulevard) also known as the Luby's Cafeteria.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this day of '1999.
ATTESTS THE CITY OF GEORGETOWN:
Sandra D. Lee By: LEO VV0dD
City Secretary Mayor
APPROVED AS TO FORM:
Marianne La6Cers Banks
City Attorney
San Gabriel Village, Section Two, Phase 1, Block 1, Lot 1
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License Resolution No. -?P/0? 4
EXHIBIT A
250 South IH35
MR
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NO
MGM
