City Council
	Agenda Request
Agenda Of:	04/01/08	Agenda Request No:		VII 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 No. 1668 formally abandoning lakepoint waterline easement
Exhibits:	Ordinance Site Map Area Map re-plat of Lake pointe Tract 3
Clearances			Approval
Legal:	eugenia cano, Assistant city attorney		Executive Director:	N/A
Purchasing:	N/A		Asst. City Manager:	Karen Daly
Budget:	N/A		City Manager:	Allen Bogard
Budget
Expenditure Required: $			N/A
Current Budget: $			N/A
Additional Funding: $			N/A
Recommended Action
The Public Works Department recommends City Council approve first reading and pass to second Ordinance No. 1668 to abandon a portion (0.2816 acres) of 10-foot water line easement.
Executive Summary
Lake Pointe Town Center LTD. has requested the City abandon that portion (0.2816 acres) of a 10-foot water line easement in Lake Pointe Town Center, Tract 3 described in Fort Bend County official records volume 1248, page 1-10. A new easement has been dedicated to accommodate the commercial development per the Lake Point Tract “C” replat attached. Engineering has acknowledged initial acceptance of the new waterline and the new water line is in service. Public Works staff has completed its review of the proposal to abandon a portion (0.2816 acres) of a 10-foot water line easement. The Development Review Committee (DRC) including representatives from Engineering and Utilities Departments has 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. The Public Works Department recommends City Council approve first reading and pass to second Ordinance No. 1668 to formally abandon a portion (.02816 acres) of a 10’ water line easement.
Exhibits

ORDINANCE NO. 1668

AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, ABANDONING AND RELEASING A PORTION OF A TEN-FOOT WATER LINE EASEMENT LOCATED IN LAKE POINTE TOWN CENTER, TRACT 3.

WHEREAS, by instrument dated May 23, 1983, recorded in Volume 1248, Page 1 of the Fort Bend County, Texas Official Records, Fluor Engineers, Inc. conveyed to the City of Sugar Land a ten-foot water line easement within a 339.018-acre tract (the Easement); and

WHEREAS, Lakepointe Town Center LTD has requested that the City abandon a portion (0.2816 acres) of the Easement for purposes of development in Lake Pointe Town Center, Tract Three; and

WHEREAS, a new water line easement has been dedicated and is serving the commercial development as shown in the Lake Pointe, Tract “C” replat filed at Slide No. 2427 A/B, File No. 2007050435 in the Plat Records of Fort Bend County, Texas; and

WHEREAS, the City no longer needs the 0.2816-acre portion of the Easement and it 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 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 0.2816 acres of a ten-foot water line easement located in Lake Pointe Town Center, Tract 3, 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 ______________________________.

ADOPTED upon second consideration on ___________________________.

__________________________

David G. Wallace, Mayor

ATTEST:

____________________________

Glenda Gundermann, City Secretary

Reviewed for Legal Compliance: