HomeMy WebLinkAboutRES 980526-S - Encroachment Shell RanchRESOLUTION NO. 9Mosa�P - S
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 SHELL RANCH
DEVELOPMENT, INC., PERTAINING TO THE ENCROACHMENT OF A
PLAZA INTO A PORTION OF THE VILLAGE COMMONS BOULEVARD
RIGHT-OF-WAY, LOCATED IN SHELL RANCH, SECTION ONE, AS
RECORDED IN CABINET O, SLIDES 364 - 367, OF THE OFFICIAL PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS AND LOCATED AT THE
INTERSECTION OF VILLAGE COMMONS BOULEVARD AND A STREET
TO BE KNOWN AS VILLAGE PARK ROAD; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Georgetown has received an application for a license to encroach
into the public right-of-way; 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 Williamson County to encroach into a portion
of the Village Commons Boulevard right-of-way, located in Shell Ranch, Section One for the
construction of the Georgetown Village Bandshell Plaza, 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 plaza is in such a manner that it would not be feasible to relocate
it outside the public right-of-way.
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:
Shell Ranch, Section One, Village Commons Blvd. R -O -W
License Resolution No., -, Asa J� - .S
J:\CUR PLAN\CITYCNCL\LICENSE\SR 1 VCB.RES
Page 1 of 3
1. The fact that the proposed plaza is in such a manner that it would not be feasible
to relocate it outside the right-of-way 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 fo,-, .seeable future and
that it is not economically feasible to remove the part of the building that
encroaches into the right-of-way 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 right-of-way 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
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 Shell Ranch Development,
Inc., pertaining to the encroachment of a plaza into a portion of the Village Commons Boulevard
Shell Ranch, Section One, Village Commons Blvd. R -O -W
License Resolution No.
J:\CUR PLAN\CITYCNCL\LICENSE\SR I VCD.RES
Page 2 of 3
right-of-way, located in Shell Ranch, Section One for the construction of the Georgetown Village
Bandshell Plaza.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this 46� day of
4ATTET: /a %
Sandra D. Lee
City Secretary
AP ROVED AS TO FO
Marianne Landers Banks
City Attorney
Shell Ranch, Section One, Village Commons Blvd. R -O -W
License Resolution No. (P —S
I:\CUR PLAN\CITYCNCL\LICENSE\SR I VCB.RES
)/hk Y . 1998.
THE CITY OF GEORGETOWN:
By:`LEO WOOD
Mayor
Page 3 of 3
EXHIBIT A
Georgetown Village Bandshell Plaza
�i
�� consideration Vv
des 90Os�� -s
xh /'61'f
7f
74 lel
� �' � � ,arm .i/' �� ..�4,�•b r+-�+�ter< r... "� r l �`� -. �.0 �j,,,. t_ w
71T5T ��....o k r Y � � '•'4.1a'.�f4,yq,..c+ � �,Y,s_.. ��= � .
l` %wa 'S� may' w� -�� i �r�r�l, ''P•n+�+iYy.r*ii3�i ry'."7'�.wru+iar: a,. _ �c "_ ' <;.�aa yid„a,.1!`t wK N.-%b.r\.t'ait `ts-•ia.0 �xiS..�.1�u+i:.f, _ti.....ly : .i. •�r/�'rrY2"`"�+�+ +t .
`o-
a.,.K .i .Y.rlti�www...M.+.+w'4r.ri a-.. Sir a►f�.d. .v Jy. _W :;4
.= T�-_:_«'tw-+�wlia#.L:i'-a...�.-h �i..:._......�.3.i'•Y"i '1'YOF�Wa1+�1'�.dii'��t ,.. - . s....`. ...:.; :. �-.? __•.__