Agenda Information Sheet
DEPARTMENT: Engineering Services
ACM: Jon Fortune
Date: August 8, 2016
SUBJECT
Title
Consider recommendation of adopting of an ordinance partially releasing, abandoning and vacating a 0.4138 acre public utilities easement recorded in Volume 2637 Page 12, Real Property Records, Denton County, Texas, and located in the B.B.B. & C.R.R. Survey, Abstract No. 141; and declaring an effective date. [Abandonment of public utility easement in Medical Center Addition to allow for lot development]
Body
BACKGROUND
The property owner, Westgate Properties, L.P., requests the City to partially abandon and vacate a 0.4138 acre public utility easement to remove the easement encumbrances on Lot 3, Block A in the Medical Center Addition. The subject easement was conveyed to the City in 1989, to address the public utility requirements of the Medical Center Addition. Since then, with the progression and re-design of the overall property, the public utility improvements within said easement have been removed and relocated. The subject public utility easement has created an encumbrance on said Lot 3. The partial abandonment will allow said Lot 3 to utilize more area for private development.
The subject abandonment request was reviewed by the Development Review Committee, and staff recommends approval.
Staff performs an analysis on requests 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 in the best interest 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 easement abandonment tracts fit 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 easement abandonment tracts are not slated for utilization for any future public utilities.
3. The easement abandonments are in the public interest, because the areas for the subject abandonments are no longer needed by the public and/or have not been utilized by the public.
4. These abandonments will not set precedent, because the above three standards have been met.
OPTIONS
1. Recommend approval of the Ordinance.
2. Do not recommend approval.
RECOMMENDATION
Staff recommends approval of the Ordinance.
ESTIMATED SCHEDULE OF PROJECT
Fall of 2016.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Developmental Review Committee recommended approval on July 15, 2015.
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
Location Map
Site Map
Survey Exhibit
Respectfully submitted:
John T. Davis, PE
Director of Engineering Services
Prepared by:
Mark A. Laird
Right-of-Way Agent
Real Estate and Capital Support