HomeMy WebLinkAboutRES 980811-M - Encroach San Gabriel VillageRESOLUTION NO. q�0 811— m
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 LARRY
PEEL; PERTAINING TO THE ENCROACHMENT INTO THE TWENTY
(20) FOOT WIDE DRAINAGE EASEMENT LOCATED ON THE SOUTH
PROPERTY LINE OF LOT 2, BLOCK 1, SAN GABRIEL VILLAGE,
SECTION ONE, AS RECORDED IN CABINET , SLIDES
OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND
TO BE KNOWN AS WATERS EDGE APARTMENTS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown has received an application for a license to
encroach into the 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 Larry Peel to encroach into the drainage
easement, 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 roadway and parking areas are in such a manor that it
would not be possible to locate them 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 roadway and parking areas are in such a manor that it
would not be possible to locate them outside the drainage easement
San Gabriel Village, Section One, Block 1, Lot 2; License Resolution No. -?000F11—
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constitutes special circumstances and conditions affecting the property which
if not taken into consideration would deprive the applicants 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 situate the fence that encroaches
into the drainage easement 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 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 applicants agree 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.
San Gabriel Village, Section One, Block 1, Lot 2; License Resolution No.
Page 2 of 3
JACUR PLAN\CITYCNCL\LICENSE\SGV-1-2D.RES
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 Larry Peel to
allow a. roadway and parking areas to encroach into the twenty (20) foot wide drainage
easement on the south property line of Lot 2, Block 1, San Gabriel Village, Section One,
to be known as Waters Edge Apartments.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this //--/,L day of '1998.
ATTEST: THE CITY OF GEORGETOW :
Sandra D. Lee By: LEO VVOOD
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney**
San Gabriel Village, Section One, Block 1, Lot 2;
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JACUR PLAN\CITYCNCL\LICENSE\SGV-1-2D.RES
License Resolution No. / 01 `/ —
EXHIBIT A
Waters Edge Apartments
Detailed Development Plan
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EXHIBIT B
Waters Edge Apartments