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HomeMy WebLinkAboutRES 970722-W - Encroach SW UniversityRESOLUTION NO. 9�a7aa-� 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 SOUTHWESTERN UNIVERSITY, PERTAINING TO THE ENCROACHMENT OF A PARKING LOT INTO A PORTION OF THE MAPLE STREET RIGHT-OF-WAY LOCATED ON THE EAST PROPERTY LINE, THE TWENTY (20) FOOT WIDE DRAINAGE EASEMENT RUNNING FROM WEST TO EAST ACROSS THE PROPERTY, AND THE TWENTY (20) FOOT WIDE PUBLIC UTILITY EASEMENTS EXTENDING ALONG THE EAST AND WEST SIDES OF 5.356 ACRES OF LAND IN THE WILLIAM ADDISON SURVEY, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 25, SNYDER'S ADDITION TO THE CITY OF GEORGETOWN, OF RECORD IN VOLUME 67, PAGE 502 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND A PORTION OF BLOCKS J, K, AND L OF THE REVISED PLAT OF CLAMPS'S ADDITION TO THE CITY OF GEORGETOWN, OF RECORD IN VOLUME 25, PAGE 185 OF THE DEED RECORDS OF WILLIAMSON COUNTY, AND A PORTION OF OUTLOT 5, DIVISION C OF THE CITY OF GEORGETOWN, AND BEING A PORTION OF THE RIGHT-OF-WAY OF CLAMP STREET, 8TH STREET, AND A PORTION OF AN APPARENT STREET OR ALLEY, BEING AN EXTENSION OF 9TH STREET, AS SHOWN IN VOLUME 25, PAGE 185 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, TO BE KNOWN AS SOUTHWESTERN UNIVERSITY NORTHWEST ENTRANCE SUBDIVISION, LOT 1, BLOCK A, AND LOCATED BETWEEN THE 1200 BLOCK AND 700 BLOCK ON MAPLE STREET; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has received an application for a license to encroach into the right-of-way, drainage easement, and 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 Southwestern University Northwest Entrance Subdivision, Resolution No. � ` 0 7;,2 —'^' Page 1 of 4 J:\CUR PLAN\CITYCNCL\LICENSE\SU-NWENT.RES WHEREAS, after hearing the application of Southwestern University. to encroach into the right-of-way, drainage easement, and public utility easements, the City Council of the City of Georgetown, Texas, finds the following facts: 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 parking lot on the site is designed in such a manner that it woul d not be feasible to locate it outside the right-of-way, drainage easement, and public utility 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: 1. The fact that the proposed parking lot is in such a manner that it would not be feasible to relocate it outside the right-of-way, drainage easement, and public utility easements 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 otherwise situate the parking lot that encroaches into the right-of-way, drainage easement, and public utility easements 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, drainage easement, and public utility 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 Southwestern University Northwest Entrance Subdivision, Resolution No. Page 2 of 4 !:\CUR PLAN\CITYCNCL\LICENSE\SU-NWENT.RFS 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 Southwestern University, pertaining to the encroachment of a parking lot located on 5.356 acres of land in the William Addison Survey, Williamson County, Texas, being a portion of Lot 25, Snyder's Addition, and a portion of Blocks J, K, and L of the revised plat of Clamps's Addition, and a portion of Outlot 5, Division C of the City of Georgetown, and being a portion of the right-of-way of Clamp Street, 8th Street and a portion of an apparent street or alley, being the extension of 9th Street, to be known as Southwestern University Northwest Entrance Subdivision, Lot 1, Block A, located between the 1200 block and 700 block of Maple Street, into a portion of the Maple Street right-of- way on the east property line, the twenty (20) foot drainage easement running from west to east across the property, and the twenty (20) foot wide public utility easements extending along the east and west sides of the property. SECTION 3. This resolution shall be effective immediately upon adoption. Southwestern University Northwest Entrance Subdivision, Resolution No. ?70 7.z2—,(,() Page 3 of 4 J:\CUR-PLAN\CITYCNCLNLICENSMSU-NWENT.RES RESOLVED this day of ATT T: Sandra D. Lee City Secretary APPROVED AS TO FORM: Y Marianne Landers Banks City Attorney S irc- LY, , 1997. THE CITY OF GEORGETOWN: z l By: LEO LEO WOOD Mayor Southwestern University Northwest Entrance Subdivision, Resolution No Page 4 of 4 !:\CUR PLAN\CITYCNCL\LICENSE\SU-NWENT.RES ?70792-Ul x�IT A E SOUTHWESTERN UNIVERSITY NORTHWEST ENTRANCE SUBDIVISION PROPOSED ENCROACHMENT INTO RIGHT-OF-WAY I i \ B�• � I I -- J SOUTHLOT BLOCK A I WESTERNUNIVERSITY STUDENT \ \ND HOUSING SUBDIVISION (L/342) cP 15� • l40 I K j t*t X 3134640.76 Y 10205606.32 \ ��� \i "t •• —LL4 E 5K.38•tJ \ �11 20.31' m 20 ESC• E50. CMP : •:i / / i PROPOSED ENCROACHMENT \\ 20.44 INTO DRAINAGE EASEMENT 0 � pR N• • � 1 �n i 771 N 20WATERLINEESMT�'<t:.•:. z r[;t: L9 i ROOT O L1a OOt1 OF GCO I: j piY i ^ I LOT 1, BLOCK A 5.356 AC. £ u CC) PROPOSED ENCROACHMENT r� INTO PUE BLEACHERSCONC. FOR {ju ff:•' (EE NOTE) \ "•:'• col o S m I o ,iLOi 5 CORGDIV Ci VAN nl t OU CFO I Y � � ? O1i 0 x I w WIJ 21.17' I m I ul �2 I 0 LOT 26 •- I = I 6 I (nI (67/502) I � LOT 25 .n � I (67/502) S8749'3O"W 240.00' i `� I — J (WEST 240') �- L ORANGE ST. M (60• ROW 67/502) ol SNYO�G i0Y�O �1 5OZ �x h �6; I tv I OEOR I ou)I