AGENDA CAPTION:
Title
Consider approval of Resolution 2016-34R, approving a license to encroach agreement with the Woodlands of San Marcos, L.L.C. to allow balcony improvements to encroach within a public drainage easement at 650 River Road; authorizing the City Manager to execute the license to encroach agreement on behalf of the City; and declaring an effective date.
Body
Meeting date: March 15, 2016
Department: CIP
Funds Required: n/a
Account Number: n/a
Funds Available: n/a
Account Name: n/a
CITY COUNCIL GOAL: Maintain and Improve the City’s Infrastructure - (Drainage)
COMPREHENSIVE PLAN ELEMENT(s):
Environment and Resource Protection - Goal 1
Land Use - Goal 3
BACKGROUND:
A public drainage easement runs across the property located at 650 River Road known as the Woods of San Marcos Apartments. The as-built plans for the apartments indicate that a single balcony and three support posts encroach into a section of the drainage easement by about two and a half to three feet. Staff has evaluated the impact of the encroachment and finds that the encroachment does not interfere with the purposes and functioning of the drainage easement. However, the encroaching improvements are located near a box culvert. If the box culvert must ever be reconstructed or replaced, it is possible that the balcony improvements would need to be temporarily or permanently removed or relocated.
The proposed license agreement allows the balcony improvements to remain within the drainage easement until such time as the city may require temporary or permanent removal, at the owner’s expense, in connection with the purposes of the drainage easement. Under the license agreement, the property owner shall be responsible for any damages or increased costs in operating the drainage facilities arising from the balcony improvements.