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Title:
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Consider recommending adoption of an ordinance releasing, abandoning and vacating a 0.083 acre electric easement granted to the city of Denton, Texas, by Alex Williams on October 11, 1956 and recorded in Volume 426 Page 97, Deed Records, Denton County, Texas, and located in Block 20 of the Original Town of Denton, Denton County, Texas; providing for severability and an effective date. [Abandonment of an electric easement located in the downtown Wells Fargo parking lot, so that it may clear the area for future development]
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AGENDA INFORMATION SHEET
DEPARTMENT: Capital Projects
ACM: Mario Canizares
DATE: July 10, 2017
SUBJECT
Title
Consider recommending adoption of an ordinance releasing, abandoning and vacating a 0.083 acre electric easement granted to the city of Denton, Texas, by Alex Williams on October 11, 1956 and recorded in Volume 426 Page 97, Deed Records, Denton County, Texas, and located in Block 20 of the Original Town of Denton, Denton County, Texas; providing for severability and an effective date. [Abandonment of an electric easement located in the downtown Wells Fargo parking lot, so that it may clear the area for future development]
Body
BACKGROUND
Apartments at Victoria Square #1, L.L.C., a Texas Limited Liability Company has made a formal request for the City of Denton to abandon its electric easement located on and across its property located at 115 E. Mulberry Street, also known as the Wells Fargo downtown parking lot. The existing electric easement was dedicated in 1956 for the benefit of an electric transformer bank to serve the property. Currently there are no public electric facilities within the subject easement and no plans for future use either. The current property owner is entertaining the idea of developing its property at this location. In order for the property owner to develop the property the subject electric easements needs to be formally abandoned to clear the location for possible improvements. Denton Municipal Electric has reviewed the request and approves the abandonment. This abandonment request is to formally remove the encumbrance from the property.
The subject abandonment request was reviewed by The Development Review Committee, and staff recommends the approval.
Staff performs an analysis on the request for abandonments as follows:
* Is the easement tract requested for abandonment considered "excess easement"?
* Does the easement tract requested for abandonment have a continued public use?
* Is it the best interests of the general public to abandon the government's rights in the subject abandonment tract?
* Would the granting of this request establish a precedent for future abandonment requests?
Staff findings on this analysis are as follows:
1. The requested electric easement abandonment tract fits the criteria of "excess easement." Excess easement is defined as: Property rights acquired or used by the City for easement subsequently declared excess (not needed for any public project, the continuation of operation and maintenance of public facilities, and/or no foreseeable utility application in the future).
2. The electric easement abandonment tract is not slated for utilization for any future electric facilities.
3. The electric easement abandonment is in the public's best interests, because the area for the subject abandonment is no longer needed by the electric utility and the area encumbered is freed up for other uses.
4. This abandonment will not set a precedent, because the above three standards have been met.
OPTIONS
1. Recommend approval of the proposed ordinance.
2. Do not recommend approval the proposed ordinance.
3. Table for future consideration.
RECOMMENDATION
The Development Review Committee recommends approval of this request.
ESTIMATED SCHEDULE OF PROJECT
The abandonment will be completed upon approval of City Council.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Development Review Committee recommends approval, June 9, 2017.
FISCAL INFORMATION
Not applicable.
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: 3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
1. Location map
2. Easement abandonment survey exhibit
3. Applicant narrative
4. Subject electric easement for Abandonment
Respectfully submitted:
Paul Williamson
Real Estate Manager
Prepared by:
Mark A. Laird
Real Estate Analyst