	City Council
	Agenda Request
Agenda Of:	05/20/08	Agenda Request No:		VIII-B
Initiated By:	Clayton E. Taylor, ROW Manager	Responsible Department:		Public Works
Presented By:	Mike Hobbs, Director of Public Works	Department Head:		Mike Hobbs, Director of Public Works
		Additional Department. Head (s):		Christopher L. Steubing, City Engineer
Subject / Proceeding:	Enact ordinance No. 1685 formally abandoning a portion of lakepointe waterline easement
Exhibits:	Ordinance Site Map Area Map
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
Amount Budgeted/Reallocation: $			N/A
Additional Appropriation: $			N/A
Recommended Action
The Public Works Department recommends City Council enact Ordinance No. 1685 to abandon a portion (0.0039 acres) of 16’ water line easement.
Executive Summary
Lake Pointe Town Center LTD. has requested that the City authorize consent to encroach on that portion (0.0021 and 0.0018 acres) of a 16’ water line easement in Lake Pointe Village West recorded under Clerk’s File Number 20070133 of the plat records of Fort Bend County. When Lake Pointe Town Center LTD. platted the subject water line easement, it was anticipated that it would serve (2) parcels, Reserve “L” and “R”, for two small retail buildings. The retail buildings were not designed when the plat was filed of record. Now that the design of the retail buildings is complete, each building is encroaching into the waterline easement as described in the attached metes and bounds survey exhibit (Tract 1 and Tract 2). Public Works staff has completed its review of the proposed encroachment and recommends a partial abandonment of that portion (0.0021 and 0.0018 acres) of the 16’ water line 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. The Public Works Department recommends City Council enact Ordinance No. 1685 to formally abandon a portion (.0039 acres) of 16’ water line easement.
Exhibits

ORDINANCE NO. 1685

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

By the plat titled "LAKE POINTE VILLAGE WEST" recorded under Clerk's File Number 20070133 of the Plat Records of Fort Bend County, Texas, Lake Pointe Town Center, Ltd. (Lake Pointe) dedicated a 16' water line easement to the City of Sugar Land in the real property known as Lake Pointe Town Center (Easement); and

WHEREAS, when the plat was filed Lake Pointe had not designed the retail structures to be placed on the lots to be served by the Easement; and

WHEREAS, Lake Pointe has now completed the design and needs to construct two retail structures on a very small portion of the Easement; and

WHEREAS, Lake Pointe Town Center, Ltd. has requested that the City abandon and release its rights to .0018 and .0021 acres in the Easement; and

WHEREAS, the City does not need that portion of the Easement that Lake Pointe Town Center has requested be abandoned; and

WHEREAS, the City has determined that that portion of the 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 requested portion of 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 all rights or claims of the City of Sugar Land, Texas to the portions of the Easement shown on Exhibit A and more particularly described in Exhibits B and C, which are attached to and incorporated into this ordinance by reference.

APPROVED on first consideration on ______________, 2008.

ADOPTED upon second consideration on ___________, 2008.

_____________________

David G. Wallace, Mayor

ATTEST:

_____________________________

Glenda Gundermann, City Secretary

Reviewed for Legal Compliance: