HomeMy WebLinkAboutRES 970408-Q - Encroach 800 S IH35RESOLUTION NO. f 10410 t? — i
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 CROWN TOWER
ASSOCIATES, LTD., PERTAINING TO THE ENCROACHMENT OF A
PROPOSED PAVED DRIVE, PARKING SPACES, CURB, LANDSCAPE
AREA, AND OUTDOOR SALES AREA INTO THE TWENTY (20) FOOT
WIDE PUBLIC UTILITY EASEMENT EXTENDING THROUGH THE
CENTER OF LOT 6, RIVEROAKS RESUBDIVISION, SECTION TWO, AS
RECORDED IN CABINET D, SLIDE 319 AND 320 OF THE PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS AND LOCATED AT 800
SOUTH IH -35; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown has received an application -for alicense to encroach
into the public utility 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 Crown Tower Associates, Ltd. to encroach
into the public utility 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 construction of the proposed improvements on the site are designed in
such a manner that it would not be feasible to locate them outside the public
utility 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
Lot 6, Riveroaks Resubdivision, Section Two, Resolution No. ` 701/66- g
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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 proposed improvements are in such a manner that it would not
be feasible to relocate them outside the public utility 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 situate the proposed improvements that
encroach over the public utility 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 utilities or access to the utilities and isnot 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.
Lot 6, Riveroaks Resubdivision, Section Two, Resolution No. ?70 VO4?—
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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 Crown Tower Associates,
Ltd., pertaining to the encroachment of the proposed improvements on Lot 6 of Riveroaks
Resubdivision, Section Two, located at 800 South IH -35, into the twenty (20) foot wide public
utility easement located extending through the center of Lot 6.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this day of 1997.
/ , 1997.
ATTEST: THE CITY OF GEORGETOWN:
Sandra D. Lee By- LO WOOD
City Secretary Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Lot 6, Riveroaks Resubdivision, Section Two, Resolution No. 970 1/0Q — g
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EXHIBIT A
,RIVEROAKS RESUBDIVISION, SECTION TWO, LOT 6
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LICENSE TO ENCROACH INTO EASEMENT
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LICENSE TO ENCROACH INTO EASEMENT
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