HomeMy WebLinkAboutRES 970225-S - Encroach H.E.B. Parking LotRESOLUTION NO. 47M Of -25— 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 H. E. BUTT GROCERY
COMPANY, PERTAINING TO THE ENCROACHMENT OF A PROPOSED
PARKING LOT OVER THE FIVE (5) FOOT WIDE PLATTED WATER
LINE AND TWO (2) 5 BY 10 FOOT FIRE HYDRANT EASEMENTS
EXTENDING THROUGH THE EASTERN PORTION OF RIVEROAKS
PLANNED UNIT DEVELOPMENT, AMENDED, LOT 2, AS RECORDED
IN CABINET L, SLIDE 363 OF THE PLAT RECORDS OF WILLIAMSON
COUNTY, TEXAS AND LOCATED AT 1100 SOUTH I11-35; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown has received an application for a license to encroach
over the water line and fire hydrant 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 H. E. Butt Grocery Company to encroach
over the water line and fire hydrant easement extending through the eastern portion of the
property, 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 relocation of the water line to a non -paved area is not feasible.
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 relocation of the water line to a non -paved area is not feasible
constitutes special circumstances and conditions affecting the property which if not
Riveroaks P.U.D., Amended, Lot 2, License Resolution No.
Page 1 of 3
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 move the water line to a non -paved area 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 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 H. E. Butt Grocery
Company, pertaining to the encroachment of a parking lot on Riveroaks Planned Unit
Development, Amended, Lot 2, commonly known as 1100 South IH -35, over the water line and
two (2) fire hydrant easements located on the eastern portion of the lot.
Riveroaks P.U.D., Amended, Lot 2, License Resolution No.
Page 2 of 3
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this day of 1997.
ATTEST: THE CITY OF GEORGETOWN:
Sandra D. Lee "By. _LEO WOOD
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Riveroaks P.U.D., Amended, Lot 2, License Resolution No. �D� S
Page 3 of 3
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