AGENDA INFORMATION SHEET
DEPARTMENT: Development Services
CM/ACM: Todd Hileman
DATE: April 4, 2017
SUBJECT
Title
Consider adoption of an ordinance releasing, abandoning and vacating a public drainage easement granted to the City of Denton, Texas, by CPM Financial Corporation on July 2, 2004 and recorded in Cabinet V Page 760, Real Property Records, Denton County, Texas, situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 186, Denton County, Texas, and located within the 1600 block of Stuart Lane. [Amending Plat, The Village Phase 1, Lots 1A & 2A Block 4]
Body
BACKGROUND
The request is to abandon and vacate a public drainage easement located along the south boundary line of Lot 1A and 2A Block 4 of the Village Phase I.
The drainage easement was conveyed to the City in 2004 for the development of Lot 1A and 2A, The Village Phase 1 Addition. The drainage easement was established to provide protection of an area that would encompass the encroachment of the flood way onto the subject property. Subsequently, on March 2, 2006, the Federal Emergency Management Agency (FEMA) issued a Letter of Map Revision Based on Fill Determination Document (Removal), which remapped the limits of the floodplain and floodway to an area outside the boundaries reflected on the lot thereby eliminating the need for this easement.
The owner of Loy 1A submitted plans for a fence along the rear property line of lot 1A and it was discovered that the redundant easement was compromising the owner's ability to install a perimeter fence. Due to the fact that the easement is no longer needed and in an effort to assist the property owners of both lots in using their property to the fullest extent, an abandonment request was reviewed by Development Services staff and, after consulting with DRC Engineering and Real Estate, staff recommends the approval of the abandonment.
Staff findings after conferring with the appropriate divisions were:
1. The requested easement abandonment tract...
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