File #: PUB17-115    Version: 1 Name:
Type: Public Utilities Board
File created: 5/11/2017 In control: Public Utilities Board
On agenda: 5/22/2017 Final action:
Title: Consider recommending adoption of an ordinance releasing, abandoning and vacating a 0.1195 acre portion of a 0.232 acre sanitary sewer easement recorded in Volume 1729, Page 177, Real Property Records, Denton County, Texas, and located in the B.B.B. & C.R.R. Survey, Abstract No. 192; and declaring an effective date. [Abandonment of a portion of a sanitary sewer easement to remove the encumbrance from the property and update the City real estate records]
Attachments: 1. Exhibit 1 - Location Map, 2. Exhibit 2 - Site Map, 3. Exhibit 3 - Ordinance
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Agenda Information Sheet

DEPARTMENT: Capital Projects

ACM: Jon Fortune

Date: May 22, 2017


SUBJECT
Title
Consider recommending adoption of an ordinance releasing, abandoning and vacating a 0.1195 acre portion of a 0.232 acre sanitary sewer easement recorded in Volume 1729, Page 177, Real Property Records, Denton County, Texas, and located in the B.B.B. & C.R.R. Survey, Abstract No. 192; and declaring an effective date. [Abandonment of a portion of a sanitary sewer easement to remove the encumbrance from the property and update the City real estate records]
Body

BACKGROUND
As a housekeeping measure, staff is formally requesting a portion of an existing sanitary sewer be abandoned located on Lot 1 Block 1, QT 912 Addition. Staff noticed that the sanitary sewer easement that contained a 10 inch sanitary sewer line was never abandoned. The sanitary sewer line that was housed within said easement was removed and rerouted in 2011. Said sanitary sewer easement is 0.232 acres and is recorded in Volume 1729 Page 177, Real Property Records, Denton County, Texas. The public utilities for the site were accepted and approved in 2011. The building for the site was erected thereafter and has been open ever since. This abandonment request is to remove the encumbrance from the property and update the City real estate records.

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 sanitary sewer easement aba...

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