Agenda Information Sheet
DEPARTMENT: Waste Water
CM/ ACM: Howard Martin
Date: December 6, 2016
SUBJECT
Title
Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas (“City”) to execute, for and on behalf of the City, an Easement Purchase and Abandonment Agreement (“Agreement”), for the purchase price of Nineteen Thousand Four Hundred Dollars and No Cents ($19,400.00), and other consideration, as prescribed in the Agreement, as attached to the ordinance and made a part thereof as Exhibit “A”, by and between the City and Mohamad R. Haghighi and Soraya Irannejad, providing for (a) the purchase by the City of (i) a Sanitary Sewer Easement, encumbering a 0.1105 acre tract, being more particularly described in the Sanitary Sewer Easement, being attached to and made a part of the Agreement; and (ii) a Temporary Construction Easement encumbering 0.0403 acre tract of land, being more particularly described in the Temporary Construction Easement, being attached to and made a part of the Agreement; (b) the Partial Abandonment and Release by the City of a portion of that certain water and sanitary sewer easement, dated February 12, 1960, from Dwight L. Archer, Jr. and Duane H. Archer to the City, recorded in Volume 454, Page 6, Deed Records, Denton County, Texas; and (c) the Complete Abandonment and Release of (i) that certain water and sanitary sewer easement, dated February 12, 1960, from Ravanelle McMahan to the City, recorded in Volume 454, Page 1, Deed Records, Denton County, Texas; (ii) that certain water and sanitary sewer easement, dated February 18, 1960, from Herbert Cottle and wife, Fae Cottle to the City, recorded in Volume 454, Page 117, Deed Records, Denton County, Texas; (iii) that water and sanitary sewer easement, dated February 12, 1960, from Ruth Rich to the City, recorded in Volume 454, Page 3, Deed Records, Denton County, Texas; and (iv) that certain public utility easement dated April 5, 1974, from Joe Belew and Terry Schneider to the City, recorded in Volume 702, Page 243, Deed Records, Denton County, Texas; all tracts of real property being in the William Daniel Survey, Abstract No. 378, generally located in the 2300 block of Fort Worth Drive; authorizing the expenditure of funds; providing a savings clause; and providing an effective date. (Fort Worth Drive Utility Relocations Project - Parcel 12E)
..Body
BACKGROUND
The project requires the acquisition of a permanent Sanitary Sewer Easement to accommodate the installation of the proposed sanitary sewer facilities. Mohamad R. Haghighi and Soraya Irannejad are the owners of property encumbered by certain public easements, situated in the William Daniels Survey, Abstract 378, City of Denton, Denton County, Texas. The proposed Agreement provides for abandonment and partial release of that portion of the existing easements encumbering the Mohamad R. Haghighi and Soraya Irannejad property tract in exchange for the purchase of an alternative easement upon the owner’s property. The complete abandonment tracts are to be released upon the completion and acceptance by the City of Denton of the installation of the public improvements contemplated by the Mission Street Sanitary Sewer project. The Mission Street Sanitary Sewer project being an in-process City public works project, attendant to the Fort Worth Drive Utility Relocations project, but separate. Once the new sanitary sewer infrastructure is put into service via the Mission Street Sanitary Sewer project, the existing deteriorated sanitary sewer lines traversing the Haghighi tracts can be retired/taken out of service.
OPTIONS
1. Approve the proposed Ordinance.
2. Decline to approve the proposed Ordinance.
3. Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Typically submitted to PUB; however in this instance, due to PUB meeting cancellation of November 28, no prior action. Project delivery schedule dictates consideration by City Council on December 6, 2016.
FISCAL INFORMATION
The funding allocated for the Fort Worth Drive Utility Relocations Project is included in Revenue Funds outlined within the Exhibit 4 attachment.
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 2.1 Optimize resources to improve quality of City Roadways
EXHIBITS
1. Location Map
2. Site Map
3. Ordinance
4. Funding Source
Respectfully submitted:
P. S. Arora, P. E.
General Manager Wastewater Utilities
Prepared by:
Ed Cropp
Senior Real Estate Analyst