City Council

Agenda Request

Agenda Of:

11/21/06

Agenda Request No:

V A

Initiated By:

clayton e. taylor, row manager

Responsible Department:

public works

Presented By:

clayton e. taylor, row manager

Department Head:

mike hobbs, director of public works

 

 

Additional Department. Head (s):

n/a

Subject / Proceeding:

enact ordinance 1596 to release a portion of public utility easement

Exhibits:

Ordinance 1596

Metes and Bounds description

Rendering of Property Dated October 3, 2006

Clearances

Approval

Legal:

meredith wilganowski,

assistant city attorney

Executive Director:

n/a

Purchasing:

n/a

Asst. City Manager:

karen glynn

Budget:

n/a

City Manager:

Allen Bogard

Budget

Expenditure Required:  $

n/a

Amount Budgeted/Reallocation:  $

n/a

Additional Appropriation:  $

n/a

Recommended Action

The Public Works Department recommends City Council enact Ordinance No. 1596 to release a portion of public utility easement.

Executive Summary

Sugar Creek Baptist Church is planning to expand its facilities. In order to do so, the church is proposing to extend construction of a building that will cross an existing public utility easement.  The church is requesting that a portion (approximately 2059 sf) of the public utility easement be abandoned.

 

  • Out of a 2.6368 acre tract described in volume 1935, page 813, situated in the William Stafford 1-1/2 League, Abstract 89, in Fort Bend County, Texas the easement was originally dedicated to the City of Cities Municipal Utility District by Sugar Creek Corporation in volume 642, page 753 in the Deed of Records of Fort Bend County.
  • The easement contains a 6” sanitary sewer line that services only the Sugar Creek Baptist Church within their own 11.725-acre tract.
  • Sugar Creek Baptist Church is proposing to remove the existing 6” sanitary sewer line, cap the line and relocate the 6” sanitary sewer line as a private line at another location within the site.

 

Public Works staff has completed its review of the proposal to abandon a portion (approximately 2059 sf) of public utility easement. The Development Review Committee (DRC) including representatives from Engineering and Utilities Departments have determined that the proposed abandonment will not hinder either maintenance or operation of the public infrastructure.  Based on the findings of our review, the Public Works Department has no objection to the proposed abandonment.

 

 

Exhibits

 

ORDINANCE NO. 1596

 

AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, ABANDONING AND RELEASING A PORTION OF A SANITARY SEWER EASEMENT LOCATED NORTHWEST OF COUNTRY CLUB BOULEVARD.

 

            WHEREAS, by instrument dated March 31, 1975, and recorded under Clerk’s File Number described in volume 1935, page 813, of the Official Public Records of Fort Bend County, Texas, conveyed to the City of Sugar Land an easement within that certain tract containing 2.6368 acres; and

 

            WHEREAS, a sanitary sewer line was installed in the easement tract; and

 

WHEREAS, the abutting property owner, Sugar Creek Baptist Church, has requested the City to abandon and release its rights in the easement; and

 

WHEREAS, the City no longer needs the sanitary sewer easement and;

 

        WHEREAS, the City has determined that the sanitary sewer easement has no value to the City, and;

 

WHEREAS, section 272.001(b) of the Local Government Code exempts the City from the sale and exchange requirements for notice and bidding in transactions with the abutting property owner if that owner owns the underlying land in fee simple, and;

 

WHEREAS, the City Council has determined that abandoning the sanitary sewer easement is in the public interest, NOW THEREFORE;

 

BE IT ORDAINED BY THE CITY COUNCIL

OF THE CITY OF SUGAR LAND, TEXAS:

 

        Section 1.  That it abandons and releases all rights or claims of the City of Sugar Land, Texas to that portion of the easement as described by metes and bounds on Exhibit A and shown on Exhibit B, attached to and incorporated into this ordinance by reference.

 

 

APPROVED on first consideration on __________________________, 2006.

 

ADOPTED upon second consideration on _______________________, 2006.

 

 

 

_____________________

                                                            David G. Wallace, Mayor

 

ATTEST:

 

 

_____________________________

Glenda Gundermann, City Secretary

 

Reviewed for Legal Compliance:

 

 

 

 

 

Attachments:     Exhibit A – Metes and Bounds description

                        Exhibit B – Rendering of Property Dated October 3, 2006