Agenda Information Sheet
DEPARTMENT: Engineering Services
ACM: Jon Fortune
Date: August 16, 2016
SUBJECT
Title
Consider adoption of an ordinance releasing, abandoning and vacating a 0.08 acre portion of 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 a portion of public utility easement to allow for lot development: Worthington Street] The Public Utilities Board recommends approval (6-0).
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BACKGROUND
The property owner, Westgate Properties, L.P., requests the City to the partially abandon and vacate a portion of 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, Block A of the Medical Center Addition.
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 easement abandonment tracts fit the criteria of "excess easement." Excess easement is defined as: Property rights ac...
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